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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3464 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3464

   To amend the Federal Water Pollution Control Act with respect to 
   discharges incidental to the normal operation of certain vessels.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2013

Mr. LoBiondo (for himself and Mr. Larsen of Washington) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
   To amend the Federal Water Pollution Control Act with respect to 
   discharges incidental to the normal operation of certain vessels.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Vessel Discharges Reform 
Act of 2013''.

SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED 
              VESSEL.

    (a) Discharges Incidental to the Normal Operation of a Covered 
Vessel.--
            (1) No permit required.--Section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) is amended by adding at 
        the end the following:
    ``(s) Discharges Incidental to the Normal Operation of a Covered 
Vessel.--No permit shall be required under this Act by the 
Administrator (or a State, in the case of a permit program approved 
under subsection (b)) for a discharge incidental to the normal 
operation of a covered vessel (as defined in section 312(p)).''.
            (2) Best management practices for covered vessels.--Section 
        312 of the Federal Water Pollution Control Act (33 U.S.C. 1342) 
        is amended by adding at the end the following:
    ``(p) Best Management Practices for Covered Vessels.--
            ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Covered vessel.--The term `covered vessel' 
                means every description of watercraft, or other 
                artificial contrivance used or capable of being used as 
                a means of transportation on water, that is engaged in 
                commercial service (as defined under section 2101 of 
                title 46, United States Code), and--
                            ``(i) is less than 79 feet in length; or
                            ``(ii) is a fishing vessel (as defined in 
                        section 2101 of title 46, United States Code), 
                        regardless of length of the vessel.
                    ``(B) Discharge incidental to the normal operation 
                of a covered vessel.--
                            ``(i) In general.--The term `discharge 
                        incidental to the normal operation of a covered 
                        vessel' means--
                                    ``(I) a discharge into navigable 
                                waters from a covered vessel of--
                                            ``(aa)(AA) graywater 
                                        (except graywater referred to 
                                        in section 312(a)(6)), 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 
                                        covered vessel;
                                            ``(bb) 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
                                            ``(cc) any effluent from a 
                                        properly functioning marine 
                                        engine; or
                                    ``(II) a discharge of a pollutant 
                                into navigable waters in connection 
                                with the testing, maintenance, and 
                                repair of a system, equipment, or an 
                                engine described in item (aa)(BB) or 
                                (cc) of subclause (I) whenever the 
                                covered vessel is waterborne.
                            ``(ii) Exclusion.--The term `discharge 
                        incidental to the normal operation of a covered 
                        vessel' does not include--
                                    ``(I) a discharge into navigable 
                                waters from a covered vessel of--
                                            ``(aa) ballast water;
                                            ``(bb) rubbish, trash, 
                                        garbage, incinerator ash, or 
                                        other such material discharged 
                                        overboard;
                                            ``(cc) oil or a hazardous 
                                        substance within the meaning of 
                                        section 311; or
                                            ``(dd) sewage within the 
                                        meaning of section 312;
                                    ``(II) an emission of an air 
                                pollutant resulting from the operation 
                                onboard a covered vessel of a vessel 
                                propulsion system, motor driven 
                                equipment, or incinerator; or
                                    ``(III) a discharge into navigable 
                                waters from a covered vessel when the 
                                covered vessel is operating in a 
                                capacity other than as a means of 
                                transportation on water.
            ``(2) Determination of discharges subject to best 
        management practices.--
                    ``(A) Determination.--
                            ``(i) In general.--The Administrator, in 
                        consultation with the Secretary of the 
                        department in which the Coast Guard is 
                        operating, shall determine the discharges 
                        incidental to the normal operation of a covered 
                        vessel for which it is reasonable and 
                        practicable to develop best management 
                        practices to mitigate the adverse impacts of 
                        such discharges on the waters of the United 
                        States.
                            ``(ii) Promulgation.--The Administrator 
                        shall promulgate the determinations under 
                        clause (i) in accordance with section 553 of 
                        title 5, United States Code.
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Administrator shall 
                consider--
                            ``(i) the nature of the discharge;
                            ``(ii) the environmental effects of the 
                        discharge, including characteristics of the 
                        receiving waters;
                            ``(iii) the effectiveness of the best 
                        management practice in reducing adverse impacts 
                        of the discharge on water quality;
                            ``(iv) the practicability of developing and 
                        using a best management practice;
                            ``(v) the effect that the use of a best 
                        management practice would have on the 
                        operation, operational capability, or safety of 
                        the vessel;
                            ``(vi) applicable Federal and State law;
                            ``(vii) applicable international standards; 
                        and
                            ``(viii) the economic costs of the use of 
                        the best management practice.
                    ``(C) Timing.--The Administrator shall--
                            ``(i) make initial determinations under 
                        subparagraph (A) not later than 1 year after 
                        the date of enactment of this subsection; and
                            ``(ii) every 5 years thereafter--
                                    ``(I) review the determinations; 
                                and
                                    ``(II) if necessary, revise the 
                                determinations based on any new 
                                information available to the 
                                Administrator.
            ``(3) Regulations for the use of best management 
        practices.--
                    ``(A) In general.--The Secretary of the department 
                in which the Coast Guard is operating, in consultation 
                with the Administrator, shall promulgate regulations on 
                the use of best management practices for discharges 
                incidental to the normal operation of a covered vessel 
                that the Administrator determines are reasonable and 
                practicable to develop under paragraph (2).
                    ``(B) Regulations.--
                            ``(i) In general.--The Secretary shall 
                        promulgate the regulations under this paragraph 
                        as soon as practicable after the Administrator 
                        makes determinations pursuant to paragraph (2).
                            ``(ii) Considerations.--In promulgating 
                        regulations under this paragraph, the Secretary 
                        may--
                                    ``(I) distinguish among classes, 
                                types, and sizes of vessels;
                                    ``(II) distinguish between new and 
                                existing vessels; and
                                    ``(III) provide for a waiver of the 
                                applicability of the standards as 
                                necessary or appropriate to a 
                                particular class, type, age, or size of 
                                vessel.
            ``(4) Effect of other laws.--This subsection shall not 
        affect the application of section 311 to a covered vessel.
            ``(5) Prohibition relating to covered vessels.--After the 
        effective date of the regulations promulgated by the Secretary 
        of the department in which the Coast Guard is operating under 
        paragraph (3), the owner or operator of a covered vessel shall 
        neither operate in, nor discharge any discharge incidental to 
        the normal operation of the vessel into, navigable waters, if 
        the owner or operator of the vessel is not using any applicable 
        best management practice meeting standards established under 
        this subsection.''.
                                 <all>
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