Vessel Incidental Discharge Act - (Sec. 4) Requires Department of Homeland Security (DHS) to:
(Ballast water is any water taken aboard a vessel to control trim, list, draught, stability, or stresses of the vessel, or during the operation of a ballast water treatment technology of the vessel. A treatment technology includes any mechanical, physical, chemical, or biological process used to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water.)
(Sec. 5) Deems the management requirements for a ballast water discharge incidental to the normal operation of a vessel to be those set forth in the final rule, "Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters" (March 23, 2012), as corrected (June 8, 2012) until DHS revises the ballast water performance standard or adopts a more stringent state standard pursuant to this Act.
Applies the revised ballast water performance standard to a vessel on the first dry docking of the vessel on or after January 1, 2022, but no later than December 31, 2024.
Allows DHS to establish a deadline for compliance by a vessel (or a class, type, or size of vessel) with a revised ballast water performance standard. Provides a process for petitioning for an extension of a deadline, including factors to be considered. Requires DHS to accelerate an implementation deadline if a treatment technology can be implemented before the deadline date.
Requires DHS to review and revise the ballast water performance standard if the revision would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. Requires DHS to conduct the review 10 years after the issuance of the revised rule and every 10 years thereafter. Authorizes DHS to include in the review best management practices for discharges other than ballast water. Requires DHS to revise the practices if the revision would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water.
(Sec. 6) Prohibits manufacturers of ballast water treatment technology from selling, introducing, delivering for interstate commerce, or importing such technology for sale unless it has been certified under this Act. Sets forth a certification process. Directs DHS to require the use of ballast water treatment technology that achieves the performance levels of the best treatment technology available if no treatment technology can be certified to comply with the revised ballast water standard. Directs DHS to revise a ballast water performance standard for a class of vessels to incorporate any existing higher performance standard.
Prohibits DHS from approving a ballast water treatment technology if it uses a biocide or generates a biocide: (1) that is a pesticide, unless the biocide is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or DHS, in consultation with the Environmental Protection Agency (EPA), has approved the use of the biocide in the technology; or (2) the discharge of which causes or contributes to a violation of a water quality standard under the Federal Water Pollution Control Act (commonly known as the Clean Water Act.)
(A biocide is a substance or organism that is introduced into or produced by a treatment technology to reduce or eliminate aquatic nuisance species.)
Prohibits the use of a ballast water treatment technology by an owner or operator of a vessel from satisfying this Act's requirements unless it has been certified by DHS, is a technology being evaluated under the Coast Guard Shipboard Technology Evaluation Program, or a technology certified by foreign entities with requirements equivalent to those in this Act.
(Sec. 7) Sets forth exemptions from permit requirements, prohibitions of any other law, and discharge standards under this Act for specified discharges and vessels.
(Sec. 8) Authorizes DHS to promulgate regulations establishing alternative programs for compliance with ballast water discharge regulations for specified vessels. Directs the EPA to promulgate standards for: (1) the reception of ballast water from a vessel into a reception facility, and (2) the disposal or treatment of such ballast water.
(Sec. 11) Establishes this Act as the exclusive statutory authority for federal regulation of discharges incidental to the normal operation of a vessel to which this Act applies.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2094
To provide for the establishment of nationally uniform and
environmentally sound standards governing discharges incidental to the
normal operation of a vessel.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2014
Mr. Begich (for himself, Mr. Rubio, Ms. Ayotte, Mr. Blunt, Mr. Boozman,
Mr. Casey, Mr. Cochran, Ms. Collins, Ms. Hirono, Ms. Landrieu, Mrs.
McCaskill, Mr. Markey, Ms. Murkowski, Mr. Nelson, Mr. Pryor, Mr.
Rockefeller, Mr. Schatz, Mr. Thune, Mr. Toomey, Mr. Vitter, Ms. Warren,
and Mr. Wicker) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for the establishment of nationally uniform and
environmentally sound standards governing discharges incidental to the
normal operation of a vessel.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Vessel Incidental
Discharge Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Definitions.
Sec. 4. Regulation and enforcement.
Sec. 5. Uniform national standards and requirements for the regulation
of discharges incidental to the normal
operation of a vessel.
Sec. 6. Treatment technology certification.
Sec. 7. Exemptions.
Sec. 8. Alternative compliance program.
Sec. 9. Judicial review.
Sec. 10. Effect on State authority.
Sec. 11. Application with other statutes.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Beginning with enactment of the Act to Prevent
Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the
United States Coast Guard has been the principal Federal
authority charged with administering, enforcing, and
prescribing regulations relating to the discharge of pollutants
from vessels engaged in maritime commerce and transportation.
(2) The Coast Guard estimates there are approximately
21,560,000 State-registered recreational vessels, 75,000
commercial fishing vessels, and 33,000 freight and tank barges
operating in United States waters.
(3) From 1973 to 2005, certain discharges incidental to the
normal operation of a vessel were exempted by regulation from
otherwise applicable permitting requirements.
(4) Over the 32 years during which this regulatory
exemption was in effect, Congress enacted statutes on a number
of occasions dealing with the regulation of discharges
incidental to the normal operation of a vessel, including--
(A) the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (110
Stat. 4073);
(D) section 415 of the Coast Guard Authorization
Act of 1998 (112 Stat. 3434) and section 623 of the
Coast Guard and Maritime Transportation Act of 2004 (33
U.S.C. 1901 note), which established interim and
permanent requirements, respectively, for the
regulation of vessel discharges of certain bulk cargo
residue;
(E) title XIV of division B of Appendix D of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763),
which prohibited or limited certain vessel discharges
in certain areas of Alaska;
(F) section 204 of the Maritime Transportation
Security Act of 2002 (33 U.S.C. 1902a), which
established requirements for the regulation of vessel
discharges of agricultural cargo residue material in
the form of hold washings; and
(G) title X of the Coast Guard Authorization Act of
2010 (33 U.S.C. 3801 et seq.), which provided for the
implementation of the International Convention on the
Control of Harmful Anti-Fouling Systems on Ships, 2001.
(b) Purpose.--The purpose of this Act is to provide for the
establishment of nationally uniform and environmentally sound standards
and requirements for the management of discharges incidental to the
normal operation of a vessel.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Aquatic nuisance species.--The term ``aquatic nuisance
species'' means a nonindigenous species (including a pathogen)
that threatens the diversity or abundance of native species or
the ecological stability of navigable waters or commercial,
agricultural, aquacultural, or recreational activities
dependent on such waters.
(3) Ballast water.--
(A) In general.--The term ``ballast water'' means
any water, including any sediment suspended in such
water, taken aboard a vessel--
(i) to control trim, list, draught,
stability, or stresses of the vessel; or
(ii) during the cleaning, maintenance, or
other operation of a ballast water treatment
technology of the vessel.
(B) Exclusions.--The term ``ballast water'' does
not include any pollutant that is added to water
described in subparagraph (A) that is not directly
related to the operation of a properly functioning
ballast water treatment technology under this Act.
(4) Ballast water performance standard.--The term ``ballast
water performance standard'' means the numerical ballast water
discharge standard set forth in section 151.2030 of title 33,
Code of Federal Regulations or section 151.1511 of title 33,
Code of Federal Regulations, as applicable, or a revised
numerical ballast water performance standard established under
subsection (a)(1)(B), (b), or (c) of section 5 of this Act.
(5) Ballast water treatment technology or treatment
technology.--The term ``ballast water treatment technology'' or
``treatment technology'' means any mechanical, physical,
chemical, or biological process used, alone or in combination,
to remove, render harmless, or avoid the uptake or discharge of
aquatic nuisance species within ballast water.
(6) Biocide.--The term ``biocide'' means a substance or
organism, including a virus or fungus, that is introduced into
or produced by a ballast water treatment technology to reduce
or eliminate aquatic nuisance species as part of the process
used to comply with a ballast water performance standard under
this Act.
(7) Discharge incidental to the normal operation of a
vessel.--
(A) In general.--The term ``discharge incidental to
the normal operation of a vessel'' means--
(i) a discharge into navigable waters from
a vessel of--
(I)(aa) ballast water, graywater,
bilge water, cooling water, oil water
separator effluent, anti-fouling hull
coating leachate, boiler or economizer
blowdown, byproducts from cathodic
protection, controllable pitch
propeller and thruster hydraulic fluid,
distillation and reverse osmosis brine,
elevator pit effluent, firemain system
effluent, freshwater layup effluent,
gas turbine wash water, motor gasoline
and compensating effluent,
refrigeration and air condensate
effluent, seawater pumping biofouling
prevention substances, boat engine wet
exhaust, sonar dome effluent, exhaust
gas scrubber washwater, or stern tube
packing gland effluent; or
(bb) any other pollutant associated
with the operation of a marine
propulsion system, shipboard
maneuvering system, habitability
system, or installed major equipment,
or from a protective, preservative, or
absorptive application to the hull of a
vessel;
(II) weather deck runoff, deck
wash, aqueous film forming foam
effluent, chain locker effluent, non-
oily machinery wastewater, underwater
ship husbandry effluent, welldeck
effluent, or fish hold and fish hold
cleaning effluent; or
(III) any effluent from a properly
functioning marine engine; or
(ii) a discharge of a pollutant into
navigable waters in connection with the
testing, maintenance, or repair of a system,
equipment, or engine described in subclause
(I)(bb) or (III) of clause (i) whenever the
vessel is waterborne.
(B) Exclusions.--The term ``discharge incidental to
the normal operation of a vessel'' does not include--
(i) a discharge into navigable waters from
a vessel of--
(I) rubbish, trash, garbage,
incinerator ash, or other such material
discharged overboard;
(II) oil or a hazardous substance
as those terms are defined in section
311 of the Federal Water Pollution
Control Act (33 U.S.C. 1321);
(III) sewage as defined in section
312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6)); or
(IV) graywater referred to in
section 312(a)(6) of the Federal Water
Pollution Control Act (33 U.S.C.
1322(a)(6));
(ii) an emission of an air pollutant
resulting from the operation onboard a vessel
of a vessel propulsion system, motor driven
equipment, or incinerator; or
(iii) a discharge into navigable waters
from a vessel when the vessel is operating in a
capacity other than as a means of
transportation on water.
(8) Geographically limited area.--The term ``geographically
limited area'' means an area--
(A) with a physical limitation, including
limitation by physical size and limitation by
authorized route, that prevents a vessel from operating
outside the area, as determined by the Secretary; or
(B) that is ecologically homogeneous, as determined
by the Secretary, in consultation with the heads of
other Federal departments or agencies as the Secretary
considers appropriate.
(9) Manufacturer.--The term ``manufacturer'' means a person
engaged in the manufacture, assemblage, or importation of
ballast water treatment technology.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
(11) Vessel.--The term ``vessel'' means every description
of watercraft or other artificial contrivance used, or
practically or otherwise capable of being used, as a means of
transportation on water.
SEC. 4. REGULATION AND ENFORCEMENT.
(a) In General.--The Secretary, in consultation with the
Administrator, shall establish and implement enforceable uniform
national standards and requirements for the regulation of discharges
incidental to the normal operation of a vessel. The standards and
requirements shall--
(1) be based upon the best available technology
economically achievable; and
(2) supersede any permitting requirement or prohibition on
discharges incidental to the normal operation of a vessel under
any other provision of law.
(b) Administration and Enforcement.--The Secretary shall administer
and enforce the uniform national standards and requirements under this
Act. Each State may enforce the uniform national standards and
requirements under this Act.
SEC. 5. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE REGULATION
OF DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A
VESSEL.
(a) Requirements.--
(1) Ballast water management requirements.--
(A) In general.--Notwithstanding any other
provision of law, the requirements set forth in the
final rule, Standards for Living Organisms in Ships'
Ballast Water Discharged in U.S. Waters (77 Fed. Reg.
17254 (March 23, 2012), as corrected at 77 Fed. Reg.
33969 (June 8, 2012)), shall be the management
requirements for a ballast water discharge incidental
to the normal operation of a vessel until the Secretary
revises the ballast water performance standard under
subsection (b) or adopts a more stringent State
standard under subparagraph (B) of this paragraph.
(B) Adoption of more stringent state standard.--If
the Secretary makes a determination in favor of a State
petition under section 10, the Secretary shall adopt
the more stringent ballast water performance standard
specified in the statute or regulation that is the
subject of that State petition in lieu of the ballast
water performance standard in the final rule described
under subparagraph (A).
(2) Initial management requirements for discharges other
than ballast water.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Administrator, shall issue a final rule establishing best
management practices for discharges incidental to the normal
operation of a vessel other than ballast water.
(b) Revised Ballast Water Performance Standard; 8-Year Review.--
(1) In general.--Subject to the feasibility review under
paragraph (2), not later than January 1, 2022, the Secretary,
in consultation with the Administrator, shall issue a final
rule revising the ballast water performance standard under
subsection (a)(1) so that a ballast water discharge incidental
to the normal operation of a vessel will contain--
(A) less than 1 living organism per 10 cubic meters
that is 50 or more micrometers in minimum dimension;
(B) less than 1 living organism per 10 milliliters
that is less than 50 micrometers in minimum dimension
and more than 10 micrometers in minimum dimension;
(C) concentrations of indicator microbes that are
less than--
(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100
milliliters or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of
escherichia coli per 100 milliliters; and
(iii) 33 colony-forming units of intestinal
enterococci per 100 milliliters; and
(D) concentrations of such additional indicator
microbes and of viruses as may be specified in
regulations issued by the Secretary in consultation
with the Administrator and such other Federal agencies
as the Secretary and the Administrator consider
appropriate.
(2) Feasibility review.--
(A) In general.--Not less than 2 years before
January 1, 2022, the Secretary, in consultation with
the Administrator, shall complete a review to determine
the feasibility of achieving the revised ballast water
performance standard under paragraph (1).
(B) Criteria for review of ballast water
performance standard.--In conducting a review under
subparagraph (A), the Secretary shall consider whether
revising the ballast water performance standard will
result in a scientifically demonstrable and substantial
reduction in the risk of introduction or establishment
of aquatic nuisance species, taking into account--
(i) improvements in the scientific
understanding of biological and ecological
processes that lead to the introduction or
establishment of aquatic nuisance species;
(ii) improvements in ballast water
treatment technology, including--
(I) the capability of such
treatment technology to achieve a
revised ballast water performance
standard;
(II) the effectiveness and
reliability of such treatment
technology in the shipboard
environment;
(III) the compatibility of such
treatment technology with the design
and operation of a vessel by class,
type, and size;
(IV) the commercial availability of
such treatment technology; and
(V) the safety of such treatment
technology;
(iii) improvements in the capabilities to
detect, quantify, and assess the viability of
aquatic nuisance species at the concentrations
under consideration;
(iv) the impact of ballast water treatment
technology on water quality; and
(v) the costs, cost-effectiveness, and
impacts of--
(I) a revised ballast water
performance standard, including the
potential impacts on shipping, trade,
and other uses of the aquatic
environment; and
(II) maintaining the existing
ballast water performance standard,
including the potential impacts on
water-related infrastructure,
recreation, propagation of native fish,
shellfish, and wildlife, and other uses
of navigable waters.
(C) Lower revised performance standard.--
(i) In general.--If the Secretary, in
consultation with the Administrator, determines
on the basis of the feasibility review and
after an opportunity for a public hearing that
no ballast water treatment technology can be
certified under section 6 to comply with the
revised ballast water performance standard
under paragraph (1), the Secretary shall
require the use of the treatment technology
that achieves the performance levels of the
best treatment technology available.
(ii) Implementation deadline.--If the
Secretary, in consultation with the
Administrator, determines that the treatment
technology under clause (i) cannot be
implemented before the implementation deadline
under paragraph (3) with respect to a class of
vessels, the Secretary shall extend the
implementation deadline for that class of
vessels for not more than 36 months.
(iii) Compliance.--If the implementation
deadline under paragraph (3) is extended, the
Secretary shall recommend action to ensure
compliance with the extended implementation
deadline under clause (ii).
(D) Higher revised performance standard.--
(i) In general.--If the Secretary, in
consultation with the Administrator, determines
that ballast water treatment technology exists
that exceeds the revised ballast water
performance standard under paragraph (1) with
respect to a class of vessels, the Secretary
shall revise the ballast water performance
standard for that class of vessels to
incorporate the higher performance standard.
(ii) Implementation deadline.--If the
Secretary, in consultation with the
Administrator, determines that the treatment
technology under clause (i) can be implemented
before the implementation deadline under
paragraph (3) with respect to a class of
vessels, the Secretary shall accelerate the
implementation deadline for that class of
vessels. If the implementation deadline under
paragraph (3) is accelerated, the Secretary
shall provide not less than 24 months notice
before the accelerated deadline takes effect.
(3) Implementation deadline.--The revised ballast water
performance standard under paragraph (1) shall apply to a
vessel beginning on the date of the first drydocking of the
vessel on or after January 1, 2022, but not later than December
31, 2024.
(4) Revised performance standard compliance deadlines.--
(A) In general.--The Secretary may establish a
compliance deadline for compliance by a vessel (or a
class, type, or size of vessel) with a revised ballast
water performance standard under this subsection.
(B) Process for granting extensions.--In issuing
regulations under this subsection, the Secretary shall
establish a process for an owner or operator to submit
a petition to the Secretary for an extension of a
compliance deadline with respect to the vessel of the
owner or operator.
(C) Period of extensions.--An extension issued
under subparagraph (B) may--
(i) apply for a period of not to exceed 18
months from the date of the applicable deadline
under subparagraph (A); and
(ii) be renewable for an additional period
of not to exceed 18 months.
(D) Factors.--In issuing a compliance deadline or
reviewing a petition under this paragraph, the
Secretary shall consider, with respect to the ability
of an owner or operator to meet a compliance deadline,
the following factors:
(i) Whether the treatment technology to be
installed is available in sufficient quantities
to meet the compliance deadline.
(ii) Whether there is sufficient shipyard
or other installation facility capacity.
(iii) Whether there is sufficient
availability of engineering and design
resources.
(iv) Vessel characteristics, such as engine
room size, layout, or a lack of installed
piping.
(v) Electric power generating capacity
aboard the vessel.
(vi) Safety of the vessel and crew.
(E) Consideration of petitions.--
(i) Determinations.--The Secretary shall
approve or deny a petition for an extension of
a compliance deadline submitted by an owner or
operator under this paragraph.
(ii) Deadline.--If the Secretary does not
approve or deny a petition referred to in
clause (i) on or before the last day of the 90-
day period beginning on the date of submission
of the petition, the petition shall be deemed
approved.
(c) Future Revisions of Vessel Incidental Discharge Standards;
Decennial Reviews.--
(1) Revised ballast water performance standards.--The
Secretary, in consultation with the Administrator, shall
complete a review, 10 years after the issuance of a final rule
under subsection (b) and every 10 years thereafter, to
determine whether further revision of the ballast water
performance standard would result in a scientifically
demonstrable and substantial reduction in the risk of the
introduction or establishment of aquatic nuisance species.
(2) Revised standards for discharges other than ballast
water.--The Secretary, in consultation with the Administrator,
may include in a decennial review under this subsection best
management practices for discharges covered by subsection
(a)(2). The Secretary shall initiate a rulemaking to revise 1
or more best management practices for such discharges after a
decennial review if the Secretary, in consultation with the
Administrator, determines that revising 1 or more of such
practices would substantially reduce the impacts on navigable
waters of discharges incidental to the normal operation of a
vessel other than ballast water.
(3) Considerations.--In conducting a review under paragraph
(1), the Secretary, the Administrator, and the heads of other
appropriate Federal agencies as determined by the Secretary,
shall consider the criteria under section 5(b)(2)(B).
(4) Revision after decennial review.--The Secretary shall
initiate a rulemaking to revise the current ballast water
performance standard after a decennial review if the Secretary,
in consultation with the Administrator, determines that
revising the current ballast water performance standard would
result in a scientifically demonstrable and substantial
reduction in the risk of the introduction or establishment of
aquatic nuisance species.
SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION.
(a) Certification Required.--Beginning 60 days after the date that
the requirements for testing protocols are issued under subsection (i),
no manufacturer of a ballast water treatment technology shall sell,
offer for sale, or introduce or deliver for introduction into
interstate commerce, or import into the United States for sale or
resale, a ballast water treatment technology for a vessel unless the
treatment technology has been certified under this section.
(b) Certification Process.--
(1) Evaluation.--Upon application of a manufacturer, the
Secretary shall evaluate a ballast water treatment technology
with respect to--
(A) the effectiveness of the treatment technology
in achieving the current ballast water performance
standard when installed on a vessel (or a class, type,
or size of vessel);
(B) the compatibility with vessel design and
operations;
(C) the effect of the treatment technology on
vessel safety;
(D) the impact on the environment;
(E) the cost effectiveness; and
(F) any other criteria the Secretary considers
appropriate.
(2) Approval.--If after an evaluation under paragraph (1)
the Secretary determines that the treatment technology meets
the criteria, the Secretary may certify the treatment
technology for use on a vessel (or a class, type, or size of
vessel).
(3) Suspension and revocation.--The Secretary shall
establish, by regulation, a process to suspend or revoke a
certification issued under this section.
(c) Certification Conditions.--
(1) Imposition of conditions.--In certifying a ballast
water treatment technology under this section, the Secretary,
in consultation with the Administrator, may impose any
condition on the subsequent installation, use, or maintenance
of the treatment technology onboard a vessel as is necessary
for--
(A) the safety of the vessel, the crew of the
vessel, and any passengers aboard the vessel;
(B) the protection of the environment; or
(C) the effective operation of the treatment
technology.
(2) Failure to comply.--The failure of an owner or operator
to comply with a condition imposed under paragraph (1) shall be
considered a violation of this section.
(d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this Act or any other
provision of law, the Secretary shall allow a vessel on which a system
is installed and operated to meet a ballast water performance standard
under this Act to continue to use that system, notwithstanding any
revision of a ballast water performance standard occurring after the
system is ordered or installed until the expiration of the service life
of the system, as determined by the Secretary, so long as the system--
(1) is maintained in proper working condition; and
(2) is maintained and used in accordance with the
manufacturer's specifications and any treatment technology
certification conditions imposed by the Secretary under this
section.
(e) Certificates of Type Approval for the Treatment Technology.--
(1) Issuance.--If the Secretary approves a ballast water
treatment technology for certification under subsection (b),
the Secretary shall issue a certificate of type approval for
the treatment technology to the manufacturer in such form and
manner as the Secretary determines appropriate.
(2) Certification conditions.--A certificate of type
approval issued under paragraph (1) shall specify each
condition imposed by the Secretary under subsection (c).
(3) Owners and operators.--A manufacturer that receives a
certificate of type approval for the treatment technology under
this subsection shall provide a copy of the certificate to each
owner and operator of a vessel on which the treatment
technology is installed.
(f) Inspections.--An owner or operator who receives a copy of a
certificate under subsection (e)(3) shall retain a copy of the
certificate onboard the vessel and make the copy of the certificate
available for inspection at all times while the owner or operator is
utilizing the treatment technology.
(g) Biocides.--The Secretary may not approve a ballast water
treatment technology under subsection (b) if--
(1) it uses a biocide or generates a biocide that is a
pesticide, as defined in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the
biocide is registered under that Act or the Secretary, in
consultation with Administrator, has approved the use of the
biocide in such treatment technology; or
(2) it uses or generates a biocide the discharge of which
causes or contributes to a violation of a water quality
standard under section 303 of the Federal Water Pollution
Control Act (33 U.S.C. 1313).
(h) Prohibition.--
(1) In general.--Except as provided in paragraph (2), the
use of a ballast water treatment technology by an owner or
operator of a vessel shall not satisfy the requirements of this
Act unless it has been approved by the Secretary under
subsection (b).
(2) Exceptions.--
(A) Coast guard shipboard technology evaluation
program.--An owner or operator may use a ballast water
treatment technology that has not been certified by the
Secretary to comply with the requirements of this
section if the technology is being evaluated under the
Coast Guard Shipboard Technology Evaluation Program.
(B) Ballast water treatment technologies certified
by foreign entities.--An owner or operator may use a
ballast water treatment technology that has not been
certified by the Secretary to comply with the
requirements of this section if the technology has been
certified by a foreign entity and the certification
demonstrates performance and safety of the treatment
technology equivalent to the requirements of this
section, as determined by the Secretary.
(i) Testing Protocols.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in consultation with the
Secretary, shall issue requirements for land-based and shipboard
testing protocols or criteria for--
(1) certifying the performance of each ballast water
treatment technology under this section; and
(2) certifying laboratories to evaluate such treatment
technologies.
SEC. 7. EXEMPTIONS.
(a) In General.--No permit shall be required or prohibition
enforced under any other provision of law for, nor shall any standards
regarding a discharge incidental to the normal operation of a vessel
under this Act apply to--
(1) a discharge incidental to the normal operation of a
vessel if the vessel is less than 79 feet in length and engaged
in commercial service (as defined in section 2101(5) of title
46, United States Code);
(2) a discharge incidental to the normal operation of a
vessel if the vessel is a fishing vessel, including a fish
processing vessel and a fish tender vessel, (as defined in
section 2101 of title 46, United States Code);
(3) a discharge incidental to the normal operation of a
vessel if the vessel is a recreational vessel (as defined in
section 2101(25) of title 46, United States Code);
(4) the placement, release, or discharge of equipment,
devices, or other material from a vessel for the sole purpose
of conducting research on the aquatic environment or its
natural resources in accordance with generally recognized
scientific methods, principles, or techniques;
(5) any discharge into navigable waters from a vessel
authorized by an on-scene coordinator in accordance with part
300 of title 40, Code of Federal Regulations, or part 153 of
title 33, Code of Federal Regulations;
(6) any discharge into navigable waters from a vessel that
is necessary to secure the safety of the vessel or human life,
or to suppress a fire onboard the vessel or at a shoreside
facility; or
(7) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
(b) Ballast Water Discharges.--No permit shall be required or
prohibition enforced under any other provision of law for, nor shall
any ballast water performance standards under this Act apply to--
(1) a ballast water discharge incidental to the normal
operation of a vessel determined by the Secretary to--
(A) operate exclusively within a geographically
limited area;
(B) take up and discharge ballast water exclusively
within 1 Captain of the Port Zone established by the
Coast Guard unless the Secretary determines such
discharge poses a substantial risk of introduction or
establishment of an aquatic nuisance species;
(C) operate pursuant to a geographic restriction
issued as a condition under section 3309 of title 46,
United States Code, or an equivalent restriction issued
by the country of registration of the vessel; or
(D) continuously take on and discharge ballast
water in a flow-through system that does not introduce
aquatic nuisance species into navigable waters;
(2) a ballast water discharge incidental to the normal
operation of a vessel consisting entirely of water suitable for
human consumption; or
(3) a ballast water discharge incidental to the normal
operation of a vessel in an alternative compliance program
established pursuant to section (8).
(c) Vessels With Permanent Ballast Water.--No permit shall be
required or prohibition enforced under any other provision of law for,
nor shall any ballast water performance standard under this Act apply
to, a vessel that carries all of its permanent ballast water in sealed
tanks that are not subject to discharge.
(d) Vessels of the Armed Forces.--Nothing in this Act shall be
construed to apply to a vessel of the Armed Forces, as defined in
section 101(a) of title 10, United States Code.
SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM.
(a) In General.--The Secretary, in consultation with the
Administrator, may promulgate regulations establishing 1 or more
compliance programs as an alternative to ballast water management
regulations issued under section 5 for a vessel that--
(1) has a maximum ballast water capacity of less than 8
cubic meters;
(2) is less than 3 years from the end of the useful life of
the vessel, as determined by the Secretary; or
(3) discharges ballast water into a facility for the
reception of ballast water that meets standards promulgated by
the Administrator, in consultation with the Secretary.
(b) Promulgation of Facility Standards.--Not later than 1 year
after the date of enactment of this Act, the Administrator, in
consultation with the Secretary, shall promulgate standards for--
(1) the reception of ballast water from a vessel into a
reception facility; and
(2) the disposal or treatment of the ballast water under
paragraph (1).
SEC. 9. JUDICIAL REVIEW.
(a) In General.--An interested person may file a petition for
review of a final regulation promulgated under this Act in the United
States Court of Appeals for the District of Columbia Circuit.
(b) Deadline.--A petition shall be filed not later than 120 days
after the date that notice of the promulgation appears in the Federal
Register.
(c) Exception.--Notwithstanding subsection (b), a petition that is
based solely on grounds that arise after the deadline to file a
petition under subsection (b) has passed may be filed not later than
120 days after the date that the grounds first arise.
SEC. 10. EFFECT ON STATE AUTHORITY.
(a) In General.--No State or political subdivision thereof may
adopt or enforce any statute or regulation of the State or political
subdivision with respect to a discharge incidental to the normal
operation of a vessel after the date of enactment of this Act.
(b) Savings Clause.--Notwithstanding subsection (a), a State or
political subdivision thereof may enforce a statute or regulation of
the State or political subdivision with respect to ballast water
discharges incidental to the normal operation of a vessel that
specifies a ballast water performance standard that is more stringent
than the ballast water performance standard under section 5(a)(1)(A)
and is in effect on the date of enactment of this Act if the Secretary,
after consultation with the Administrator and any other Federal
department or agency the Secretary considers appropriate, makes a
determination that--
(1) compliance with any performance standard specified in
the statute or regulation can in fact be achieved and detected;
(2) the technology and systems necessary to comply with the
statute or regulation are commercially available; and
(3) the statute or regulation is consistent with
obligations under relevant international treaties or agreements
to which the United States is a party.
(c) Petition Process.--
(1) Submission.--The Governor of a State seeking to enforce
a statute or regulation under subsection (b) shall submit a
petition requesting the Secretary to review the statute or
regulation.
(2) Contents; deadline.--A petition shall--
(A) be accompanied by the scientific and technical
information on which the petition is based; and
(B) be submitted to the Secretary not later than 90
days after the date of enactment of this Act.
(3) Determinations.--The Secretary shall make a
determination on a petition under this subsection not later
than 90 days after the date that the petition is received.
SEC. 11. APPLICATION WITH OTHER STATUTES.
Notwithstanding any other provision of law, this Act shall be the
exclusive statutory authority for regulation by the Federal Government
of discharges incidental to the normal operation of a vessel to which
this Act applies. Except as provided under section 5(a)(1)(A), any
regulation in effect on the date immediately preceding the effective
date of this Act relating to any permitting requirement for or
prohibition on discharges incidental to the normal operation of a
vessel to which this Act applies shall be deemed to be a regulation
issued pursuant to the authority of this Act and shall remain in full
force and effect unless or until superseded by new regulations issued
hereunder.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 620.
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-304.
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-304.
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