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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 168 Reported in Senate (RS)]

<DOC>

                                                        Calendar No. 27
115th CONGRESS
  1st Session
                                 S. 168

                          [Report No. 115-16]

  To amend and enhance certain maritime programs of the Department of 
                            Transportation.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 17, 2017

 Mr. Wicker (for himself, Mr. Casey, Mr. Rubio, Mr. Nelson, Mr. Thune, 
Mr. Schatz, Mr. Sullivan, Mrs. McCaskill, Mrs. Capito, Mr. Cassidy, Mr. 
Cornyn, Mr. Inhofe, Mr. Boozman, Mr. Blunt, Ms. Collins, Mr. Young, Mr. 
Kennedy, Mr. Shelby, Mr. Coons, Mr. Graham, and Mr. Cochran) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

                             March 30, 2017

                Reported by Mr. Thune, without amendment

_______________________________________________________________________

                                 A BILL

 
  To amend and enhance certain maritime programs of the Department of 
                            Transportation.

    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 ``Commercial Vessel 
Incidental Discharge Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Existing ballast water regulations.
Sec. 4. Ballast water discharge requirements.
Sec. 5. Review of ballast water discharge standard.
Sec. 6. Alternative compliance program.
Sec. 7. Reception facilities.
Sec. 8. Requirements for discharges incidental to the normal operation 
                            of a commercial vessel.
Sec. 9. Judicial review.
Sec. 10. State enforcement.
Sec. 11. Effect on State authority.
Sec. 12. Effect on other laws.

SEC. 2. 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 of the United 
        States, or commercial, agricultural, aquacultural, or 
        recreational activities dependent on such waters.
            (3) Ballast water.--The term ``ballast water'' means any 
        water and suspended matter taken on board a commercial vessel 
        to control or maintain trim, draught, stability, or stresses of 
        the commercial vessel, regardless of how it is carried.
            (4) Ballast water discharge standard.--The term ``ballast 
        water discharge 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 such title, 
        or a revised numerical ballast water discharge standard 
        established under section 5, as applicable.
            (5) Ballast water management system.--The term ``ballast 
        water management system'' means any system (including all 
        ballast water treatment equipment and all associated control 
        and monitoring equipment) that processes ballast water to kill, 
        render harmless, or remove organisms.
            (6) Commercial vessel.--
                    (A) In general.--The term ``commercial vessel'' 
                means a vessel (as defined in section 3 of title 1, 
                United States Code) that is engaged in commercial 
                service (as defined in section 2101 of title 46, United 
                States Code).
                    (B) Exclusion.--The term ``commercial vessel'' does 
                not include a recreational vessel.
            (7) Discharge incidental to the normal operation of a 
        commercial vessel.--
                    (A) In general.--The term ``discharge incidental to 
                the normal operation of a commercial vessel'' means--
                            (i) a discharge into navigable waters of 
                        the United States from a commercial vessel of--
                                    (I)(aa) 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 piping 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 
                                commercial vessel;
                                    (II) deck runoff, deck washdown, 
                                above the waterline hull cleaning 
                                effluent, 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 of the United States 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 commercial vessel is 
                        waterborne.
                    (B) Exclusions.--The term ``discharge incidental to 
                the normal operation of a commercial vessel'' does not 
                include--
                            (i) a discharge into navigable waters of 
                        the United States from a commercial vessel of--
                                    (I) ballast water;
                                    (II) rubbish, trash, garbage, 
                                incinerator ash, or other such material 
                                discharged overboard;
                                    (III) oil or a hazardous substance 
                                (as such terms are defined in section 
                                311 of the Federal Water Pollution 
                                Control Act (33 U.S.C. 1321)); or
                                    (IV) sewage (as defined in section 
                                312(a)(6) of the Federal Water 
                                Pollution Control Act (33 U.S.C. 
                                1322(a)(6))); or
                            (ii) any emission of an air pollutant 
                        resulting from the operation onboard a 
                        commercial vessel of a commercial vessel 
                        propulsion system, motor driven equipment, or 
                        incinerator; or
                            (iii) any discharge into navigable waters 
                        of the United States from a commercial vessel 
                        when the commercial vessel is operating in a 
                        capacity other than as a means of 
                        transportation on water.
            (8) General permit.--The term ``General Permit'' means the 
        Final National Pollutant Discharge Elimination System Vessel 
        General Permit for Discharges Incidental to the Normal 
        Operation of a Vessel noticed in the Federal Register on April 
        12, 2013 (78 Fed. Reg. 21938).
            (9) Geographically limited area.--The term ``geographically 
        limited area'' means an area--
                    (A) with a physical limitation that prevents a 
                commercial vessel from operating outside the area, such 
                as the Great Lakes and Saint Lawrence River, 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 the Secretary 
                considers appropriate.
            (10) Major conversion.--The term ``major conversion'' has 
        the meaning given such term in section 2101(14a) of title 46, 
        United States Code.
            (11) Navigable waters of the united states.--The term 
        ``navigable waters of the United States'' has the meaning given 
        such term in section 2101(17a) of title 46, United States Code.
            (12) Owner or operator.--The term ``owner or operator'' 
        means a person owning, operating, or chartering by demise a 
        commercial vessel.
            (13) Pollutant.--The term ``pollutant'' has the meaning 
        given such term in section 502(6) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1362(6)).
            (14) Recreational vessel.--The term ``recreational vessel'' 
        has the meaning given such term in section 2101(25) of title 
        46, United States Code.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.

SEC. 3. EXISTING BALLAST WATER REGULATIONS.

    (a) Effect on Existing Regulations.--Any regulation issued pursuant 
to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 that is in effect on the date immediately preceding the effective 
date of this Act, and that relates to a matter subject to regulation 
under this Act, shall remain in full force and effect unless or until 
superseded by a new regulation issued under this Act relating to such 
matter.
    (b) Application of Other Regulations.--The regulations issued 
pursuant to the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4701 et seq.) relating to sanctions for 
violating a regulation under that Act shall apply to violations of a 
regulation issued under this Act.

SEC. 4. BALLAST WATER DISCHARGE REQUIREMENTS.

    (a) In General.--
            (1) Requirements.--Except as provided in paragraph (3), and 
        subject to sections 151.2035 and 151.2036 of title 33, Code of 
        Federal Regulations (as in effect on the date of the enactment 
        of this Act), an owner or operator may discharge ballast water 
        into navigable waters of the United States from a commercial 
        vessel covered under subsection (b) only if--
                    (A) by applying the best available technology that 
                is economically achievable, the discharge meets the 
                ballast water discharge standard; and
                    (B) the owner or operator discharges the ballast 
                water in accordance with other requirements established 
                by the Secretary.
            (2) Commercial vessels entering the great lakes system.--If 
        a commercial vessel enters the Great Lakes through the Saint 
        Lawrence River after operating outside the exclusive economic 
        zone of the United States or Canada, the owner or operator 
        shall--
                    (A) comply with the requirements of--
                            (i) paragraph (1);
                            (ii) subpart C of part 151 of title 33, 
                        Code of Federal Regulations; and
                            (iii) section 401.30 of such title; and
                    (B) conduct a complete ballast water exchange in an 
                area that is 200 nautical miles or more from any shore 
                before the owner or operator may discharge ballast 
                water while operating in the Saint Lawrence River or 
                the Great Lakes, subject to any requirements the 
                Secretary determines necessary with regard to such 
                exchange, or any ballast water management system that 
                is to be used in conjunction with such exchange, to 
                ensure that any discharge of ballast water complies 
                with the requirements under paragraph (1).
            (3) Safety exemption.--Notwithstanding paragraphs (1) and 
        (2), an owner or operator may discharge any ballast water into 
        navigable waters of the United States from a commercial vessel 
        if--
                    (A) the ballast water is discharged solely to 
                ensure the safety of life at sea;
                    (B) the ballast water is discharged accidentally as 
                the result of damage to the commercial vessel or its 
                equipment and--
                            (i) all reasonable precautions to prevent 
                        or minimize the discharge have been taken; and
                            (ii) the owner or operator did not 
                        willfully or recklessly cause such damage; or
                    (C) the ballast water is discharged solely for the 
                purpose of avoiding or minimizing a discharge from the 
                commercial vessel of a pollutant that would violate an 
                applicable Federal or State law.
            (4) Limitation on requirements.--In establishing 
        requirements under this subsection, the Secretary may not 
        require the installation of a ballast water management system 
        on a commercial vessel that--
                    (A) carries all of its ballast water in sealed 
                tanks that are not subject to discharge; or
                    (B) discharges ballast water solely into a 
                reception facility described in section 7.
    (b) Applicability.--
            (1) Covered vessels.--Except as provided in paragraph (2), 
        subsection (a) shall apply to any commercial vessel that is 
        designed, constructed, or adapted to carry ballast water while 
        such commercial vessel is operating in navigable waters of the 
        United States.
            (2) Exempted vessels.--Subsection (a) shall not apply to a 
        commercial vessel--
                    (A) that continuously takes on and discharges 
                ballast water in a flow-through system, if such system 
                does not introduce aquatic nuisance species into 
                navigable waters of the United States, as determined by 
                the Secretary;
                    (B) that operates exclusively within a 
                geographically limited area;
                    (C) that operates 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 commercial vessel;
                    (D) in the National Defense Reserve Fleet that is 
                scheduled to be disposed of through scrapping or 
                sinking;
                    (E) that discharges ballast water consisting solely 
                of water taken aboard from a public or commercial 
                source that, at the time the water is taken aboard, 
                meets the applicable regulations or permit requirements 
                for such source under the Safe Drinking Water Act (42 
                U.S.C. 300f et seq.); or
                    (F) in an alternative compliance program 
                established pursuant to section 6.
    (c) Type Approval of Ballast Water Management Systems That Render 
Ballast Water Organisms Incapable of Reproduction.--
            (1) In general.--Notwithstanding chapter 5 of title 5, 
        United States Code, part 151 of title 33, Code of Federal 
        Regulations, and part 162 of title 46, Code of Federal 
        Regulations, a ballast water management system that renders 
        organisms in ballast water incapable of reproduction at the 
        concentrations prescribed in the ballast water discharge 
        standard shall be type approved by the Secretary, if--
                    (A) such system--
                            (i) undergoes type approval testing at an 
                        independent laboratory designated by the 
                        Secretary under such regulations; and
                            (ii) meets the requirements of subpart 
                        162.060 of title 46, Code of Federal 
                        Regulations, other than the requirements 
                        related to staining methods or measuring the 
                        concentration of living organisms; and
                    (B) such laboratory uses a type approval testing 
                method described in a final policy letter published 
                under paragraph (2).
            (2) Type approval testing methods.--
                    (A) Draft policy.--Not later than 60 days after the 
                date of enactment of this Act, the Secretary shall 
                publish a draft policy letter describing type approval 
                testing methods capable of measuring the concentration 
                of organisms in ballast water that are capable of 
                reproduction.
                    (B) Public comment.--The Secretary shall provide 
                for a period of not more than 60 days for the public to 
                comment on the draft policy letter published under 
                paragraph (1).
                    (C) Final policy.--Not later than 150 days after 
                the date of the enactment of this Act, the Secretary 
                shall publish a final policy letter describing type 
                approval testing methods capable of measuring the 
                concentration of organisms in ballast water that are 
                capable of reproduction.
                    (D) Revisions.--The Secretary shall revise such 
                policy letter as additional testing methods are 
                determined by the Secretary to be capable of measuring 
                the concentration of organisms in ballast water that 
                are capable of reproduction.
                    (E) Considerations.--In developing a policy letter 
                under this paragraph, the Secretary--
                            (i) shall consider a type approval testing 
                        method that uses organism grow out and most 
                        probable number statistical analysis to 
                        determine the concentration of organisms in 
                        ballast water that are capable of reproduction; 
                        and
                            (ii) shall not consider a type approval 
                        testing method that relies on a staining method 
                        that measures the concentration of organisms 
                        greater than or equal to 10 micrometers and 
                        organisms less than or equal to 50 micrometers.

SEC. 5. REVIEW OF BALLAST WATER DISCHARGE STANDARD.

    (a) Effectiveness Review.--
            (1) In general.--The Secretary shall conduct reviews in 
        accordance with this section to determine whether revising the 
        ballast water discharge standard based on the application of 
        the best available technology that is economically achievable 
        would result in a reduction in the risk of the introduction or 
        establishment of aquatic nuisance species.
            (2) Required reviews.--Not later than January 1, 2022, and 
        every 10 years thereafter, the Secretary, in consultation with 
        the Administrator, shall complete a review under paragraph (1).
            (3) State petitions for review.--
                    (A) In general.--The Governor of a State may submit 
                a petition requesting the Secretary to conduct a review 
                under paragraph (1) if there is significant new 
                information that could reasonably indicate the ballast 
                water discharge standard could be revised to result in 
                a reduction in the risk of the introduction or 
                establishment of aquatic nuisance species.
                    (B) Timing.--A Governor may not submit a petition 
                under subparagraph (A) during the 1-year period 
                following the date of completion of a review under 
                paragraph (1).
                    (C) Required information.--A petition submitted to 
                the Secretary under subparagraph (A) shall include--
                            (i) a proposed ballast water discharge 
                        standard that would result in a reduction in 
                        the risk of the introduction or establishment 
                        of aquatic nuisance species;
                            (ii) information regarding any ballast 
                        water management systems that may achieve the 
                        proposed ballast water discharge standard;
                            (iii) the scientific and technical 
                        information on which the petition is based, 
                        including a description of the risk reduction 
                        that would result from the proposed ballast 
                        water discharge standard included under clause 
                        (i); and
                            (iv) any additional information the 
                        Secretary considers appropriate.
                    (D) Public availability.--Upon receiving a petition 
                under subparagraph (A), the Secretary shall make 
                publicly available a copy of the petition, including 
                the information included under subparagraph (C).
                    (E) Treatment of more than one petition as a single 
                petition.--The Secretary may treat more than one 
                petition submitted under subparagraph (A) as a single 
                such petition.
                    (F) Authority to review.--After receiving a 
                petition that meets the requirements of this paragraph, 
                the Secretary, in consultation with the Administrator, 
                may conduct a review under paragraph (1).
    (b) Practicability Review.--
            (1) In general.--If the Secretary determines under 
        subsection (a) that revision of the ballast water discharge 
        standard would result in a reduction in the risk of the 
        introduction or establishment of aquatic nuisance species, the 
        Secretary, in consultation with the Administrator, shall 
        conduct a practicability review to determine whether--
                    (A) a ballast water management system that is 
                capable of achieving the ballast water discharge 
                standard as proposed to be revised is economically 
                achievable and operationally practicable; and
                    (B) testing protocols that can assure accurate 
                measurement of compliance with the ballast water 
                discharge standard as proposed to be revised can be 
                practicably implemented.
            (2) Criteria for practicability review.--In conducting a 
        practicability review under paragraph (1), the Secretary shall 
        consider--
                    (A) improvements in the scientific understanding of 
                biological and ecological processes that lead to the 
                introduction or establishment of aquatic nuisance 
                species;
                    (B) improvements in ballast water management 
                systems, including--
                            (i) the capability of such systems to 
                        achieve the ballast water discharge standard as 
                        proposed to be revised;
                            (ii) the effectiveness and reliability of 
                        such systems in the shipboard environment;
                            (iii) the compatibility of such systems 
                        with the design and operation of a commercial 
                        vessel by class, type, and size;
                            (iv) the commercial availability of such 
                        systems; and
                            (v) the safety of such systems;
                    (C) improvements in the capabilities to detect, 
                quantify, and assess whether aquatic nuisance species 
                are capable of reproduction under the ballast water 
                discharge standard as proposed to be revised;
                    (D) the impact of ballast water management systems 
                on water quality;
                    (E) the costs, cost-effectiveness, and effects of--
                            (i) a revised ballast water discharge 
                        standard; and
                            (ii) maintaining the existing ballast water 
                        discharge standard; and
                    (F) other criteria that the Secretary considers 
                appropriate.
            (3) Information from states.--In conducting a 
        practicability review under paragraph (1), the Secretary shall 
        solicit information from the States concerning matters the 
        Secretary is required to consider under paragraph (2).
    (c) Revised Ballast Water Discharge Standard.--The Secretary shall 
issue a rule to revise the ballast water discharge standard if the 
Secretary, in consultation with the Administrator, determines on the 
basis of the practicability review under subsection (b) that--
            (1) a ballast water management system that is capable of 
        achieving the ballast water discharge standard as proposed to 
        be revised is economically achievable and operationally 
        practicable; and
            (2) testing protocols that can assure accurate measurement 
        of compliance with the ballast water discharge standard as 
        proposed to be revised can be practicably implemented.
    (d) Revised Ballast Water Discharge Standard Effective Date and 
Compliance Deadline.--
            (1) In general.--If the Secretary issues a rule to revise 
        the ballast water discharge standard under subsection (c), the 
        Secretary shall include in such rule--
                    (A) an effective date for the revised ballast 
                discharge standard that is three years after the date 
                on which such rule is published in the Federal 
                Register; and
                    (B) for the owner or operator of a commercial 
                vessel that is constructed or completes a major 
                conversion on or after the date that is three years 
                after the date on which the rule is published in the 
                Federal Register, a deadline to comply with the revised 
                ballast water discharge standard that is the first day 
                on which such commercial vessel operates in navigable 
                waters of the United States.
            (2) Extensions.--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 under paragraph 
        (1)(B).
            (3) Factors.--In reviewing a petition under this 
        subsection, the Secretary shall consider, with respect to the 
        ability of an owner or operator to meet a compliance deadline--
                    (A) whether the ballast water management system to 
                be installed, if applicable, is available in sufficient 
                quantities to meet the compliance deadline;
                    (B) whether there is sufficient shipyard or other 
                installation facility capacity;
                    (C) whether there is sufficient availability of 
                engineering and design resources;
                    (D) commercial vessel characteristics, such as 
                engine room size, layout, or a lack of installed 
                piping;
                    (E) electric power generating capacity aboard the 
                commercial vessel;
                    (F) the safety of the commercial vessel and crew; 
                and
                    (G) any other factor that the Secretary determines 
                appropriate.
            (4) Consideration of petitions.--
                    (A) Determinations.--The Secretary shall approve or 
                deny a petition for an extension of a compliance 
                deadline submitted by an owner or operator under this 
                subsection.
                    (B) Deadline.--If the Secretary does not approve or 
                deny a petition referred to in subparagraph (A) 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.
            (5) Period of use of installed ballast water management 
        system.--
                    (A) In general.--Subject to subparagraph (B), an 
                owner or operator shall be considered to be in 
                compliance with the ballast water discharge standard 
                if--
                            (i) the ballast water management system 
                        installed on the commercial vessel complies 
                        with the ballast water discharge standard in 
                        effect at the time of installation, 
                        notwithstanding any revisions to the ballast 
                        water discharge standard occurring after the 
                        installation;
                            (ii) the owner or operator maintains the 
                        ballast water management system in proper 
                        working condition, as determined by the 
                        Secretary; and
                            (iii) the ballast water management system 
                        continues to meet the ballast water discharge 
                        standard applicable to the commercial vessel at 
                        the time of installation, as determined by the 
                        Secretary.
                    (B) Limitation.--Subparagraph (A) shall cease to 
                apply with respect to a commercial vessel after--
                            (i) the expiration of the service life of 
                        the ballast water management system of the 
                        commercial vessel, as determined by the 
                        Secretary;
                            (ii) the expiration of the service life of 
                        the commercial vessel, as determined by the 
                        Secretary; or
                            (iii) the completion of a major conversion 
                        of the commercial vessel.

SEC. 6. ALTERNATIVE COMPLIANCE PROGRAM.

    The Secretary, in consultation with the Administrator, may issue a 
rule establishing one or more compliance programs that may be used by 
an owner or operator as an alternative to compliance with the 
requirements of section 4(a) for a commercial vessel that--
            (1) has a maximum ballast water capacity of less than eight 
        cubic meters; or
            (2) is less than three years from the end of the service 
        life of the commercial vessel, as determined by the Secretary.

SEC. 7. RECEPTION FACILITIES.

    (a) In General.--Notwithstanding the requirements under section 
4(a), an owner or operator may discharge ballast water into an onshore 
or offshore facility for the reception of ballast water that meets the 
standards established by the Administrator, in consultation with the 
Secretary, under subsection (b).
    (b) Issuance of Standards.--Not later than one year after the date 
of the enactment of this Act, the Administrator, in consultation with 
the Secretary, shall publish a rule in the Federal Register that 
establishes reasonable and practicable standards for reception 
facilities to mitigate adverse effects of aquatic nuisance species on 
navigable waters of the United States.

SEC. 8. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE NORMAL OPERATION 
              OF A COMMERCIAL VESSEL.

    (a) In General.--Not later than two years after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Administrator, shall publish a rule in the Federal Register that 
establishes best management practices for discharges incidental to the 
normal operation of a commercial vessel for commercial vessels that 
are--
            (1) greater than or equal to 79 feet in length; and
            (2) not fishing vessels, including fish processing vessels 
        and fish tender vessels (as such terms are defined in section 
        2101 of title 46, United States Code).
    (b) Transition.--
            (1) In general.--Notwithstanding the expiration date for 
        the General Permit, any practice, limitation, or concentration 
        applicable to any discharge incidental to the normal operation 
        of a commercial vessel that is required by the General Permit 
        on the date of the enactment of this Act, and any reporting 
        requirement required by the General Permit on such date of 
        enactment, shall remain in effect until the effective date of a 
        rule issued by the Secretary under subsection (a).
            (2) Part 6 conditions.--Notwithstanding paragraph (1) and 
        any other provision of law, the terms and conditions of Part 6 
        of the General Permit (relating to specific requirements for 
        individual States or Indian country lands) shall expire on the 
        date of the enactment of this Act.
    (c) Application to Certain Vessels.--
            (1) Application of federal water pollution control act.--No 
        permit shall be required under section 402 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342) or prohibition enforced 
        under any other provision of law for, nor shall any best 
        management practice regarding a discharge incidental to the 
        normal operation of a commercial vessel under this Act apply 
        to, a discharge incidental to the normal operation of a 
        commercial vessel if the commercial vessel is--
                    (A) less than 79 feet in length; or
                    (B) a fishing vessel, including a fish processing 
                vessel and a fish tender vessel (as such terms are 
                defined in section 2101 of title 46, United States 
                Code).
            (2) Application of general permit.--The terms and 
        conditions of the General Permit shall cease to apply to 
        vessels described in subparagraphs (A) and (B) of paragraph (1) 
        on the date of the enactment of this Act.
    (d) State Petition for Revision of Best Management Practices.--
            (1) In general.--The Governor of a State may submit a 
        petition to the Secretary requesting that the Secretary revise 
        a best management practice established under subsection (a) if 
        there is significant new information that could reasonably 
        indicate that--
                    (A) revising the best management practice would 
                substantially reduce the adverse effects on navigable 
                waters of the United States of discharges incidental to 
                the normal operation of a commercial vessel; and
                    (B) the revised best management practice would be 
                economically achievable and operationally practicable.
            (2) Required information.--A petition submitted to the 
        Secretary under paragraph (1) shall include--
                    (A) the scientific and technical information on 
                which the petition is based; and
                    (B) any additional information the Secretary 
                considers appropriate.
            (3) Public availability.--Upon receiving a petition under 
        paragraph (1), the Secretary shall make publicly available a 
        copy of the petition, including the information included under 
        paragraph (2).
            (4) Treatment of more than one petition as a single 
        petition.--The Secretary may treat more than one petition 
        submitted under paragraph (1) as a single petition.
            (5) Revision of best management practices.--If, after 
        reviewing a petition submitted by a Governor under paragraph 
        (1), the Secretary, in consultation with the Administrator, 
        determines that revising a best management practice would 
        substantially reduce the adverse effects on navigable waters of 
        the United States of discharges incidental to the normal 
        operation of a commercial vessel, and the revised best 
        management practice would be economically achievable and 
        operationally practicable, the Secretary, in consultation with 
        the Administrator, may issue a rule to revise the best 
        management practice established under subsection (a).

SEC. 9. JUDICIAL REVIEW.

    (a) In General.--A person may file a petition for review of a final 
rule issued under this Act in the United States Court of Appeals for 
the District of Columbia Circuit.
    (b) Deadline.--
            (1) In general.--A petition shall be filed under this 
        section not later than 120 days after the date on which the 
        rule to be reviewed is published in the Federal Register.
            (2) Exception.--Notwithstanding paragraph (1), a petition 
        that is based solely on grounds that arise after the deadline 
        to file a petition under paragraph (1) has passed may be filed 
        not later than 120 days after the date on which such grounds 
        first arise.

SEC. 10. STATE ENFORCEMENT.

    The Secretary may enter into an agreement with the Governor of a 
State to authorize the State to enforce the provisions of this Act, as 
the Secretary considers appropriate.

SEC. 11. EFFECT ON STATE AUTHORITY.

    (a) In General.--Except as provided in subsection (b) and as 
necessary to implement an agreement entered into under section 10, no 
State or political subdivision thereof may adopt or enforce any 
statute, regulation, or other requirement of the State or political 
subdivision with respect to--
            (1) a discharge into navigable waters of the United States 
        from a commercial vessel of ballast water; or
            (2) a discharge incidental to the normal operation of a 
        commercial vessel.
    (b) Preservation of Authority.--Nothing in this Act may be 
construed as affecting the authority of a State or political 
subdivision thereof to adopt or enforce any statute, regulation, or 
other requirement with respect to any water or other substance 
discharged or emitted from a vessel in preparation for transport of the 
vessel by land from one body of water to another body of water.

SEC. 12. EFFECT ON OTHER LAWS.

    (a) Application of Federal Water Pollution Control Act.--
            (1) In general.--Except as provided in section 8(b), on or 
        after the date of the enactment of this Act, the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) shall not apply 
        to a discharge into navigable waters of the United States of 
        ballast water from a commercial vessel or a discharge 
        incidental to the normal operation of a commercial vessel.
            (2) Oil and hazardous substance liability; marine 
        sanitation devices.--Nothing in this Act may be construed as 
        affecting the application to a commercial vessel of section 311 
        or 312 of the Federal Water Pollution Control Act (33 U.S.C. 
        1321 and 1322).
    (b) Established Regimes.--Notwithstanding any other provision of 
this Act, nothing in this Act may be construed as affecting the 
authority of the Federal Government under--
            (1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
        et seq.) with respect to the regulation by the Federal 
        Government of any discharge or emission that, on or after the 
        date of enactment of this Act, is covered under the 
        International Convention for the Prevention of Pollution from 
        Ships, 1973, as modified by the Protocol of 1978; and
            (2) title X of the Coast Guard Authorization Act of 2010 
        (33 U.S.C. 3801 et seq.) with respect to the regulation by the 
        Federal Government of any anti-fouling system that, on or after 
        the date of enactment of this Act, is covered under the 
        International Convention on the Control of Harmful Anti-fouling 
        Systems on Ships, done at London October 5, 2001.
    (c) International Law.--
            (1) In general.--Any action taken under this Act shall be 
        taken in accordance with international law.
            (2) Standards.--Nothing in this Act may be construed to 
        impose any design, equipment, or operation standard on a 
        commercial vessel not documented under the laws of the United 
        States and engaged in innocent passage unless the standard 
        implements a generally accepted international rule, as 
        determined by the Secretary.
    (d) Other Authorities.--Nothing in this Act may construed as 
affecting the authority of the Secretary of Commerce or the Secretary 
of the Interior, as the case may be, to administer lands or waters 
under such Secretary's administrative control.
    (e) Conforming Amendment.--Section 1205 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4725) is 
amended by adding at the end the following: ``Ballast water and 
discharges incidental to the normal operation of a commercial vessel 
(as such terms are defined in the Commercial Vessel Incidental 
Discharge Act), shall be regulated pursuant to such Act.''.
                                                        Calendar No. 27

115th CONGRESS

  1st Session

                                 S. 168

                          [Report No. 115-16]

_______________________________________________________________________

                                 A BILL

  To amend and enhance certain maritime programs of the Department of 
                            Transportation.

_______________________________________________________________________

                             March 30, 2017

                       Reported without amendment
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