II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


sradovich on DSK3GMQ082PROD with BILLS
2 

•S 168 RS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Commercial Vessel Incidental Discharge Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the Environ10 mental Protection Agency. 

11 (2) AQUATIC NUISANCE SPECIES.—The term 

12 ‘‘aquatic nuisance species’’ means a nonindigenous 

13 species (including a pathogen) that threatens the di14 versity or abundance of native species or the ecologi15 cal stability of navigable waters of the United 

16 States, or commercial, agricultural, aquacultural, or 

17 recreational activities dependent on such waters. 

18 (3) BALLAST WATER.—The term ‘‘ballast 

19 water’’ means any water and suspended matter 


sradovich on DSK3GMQ082PROD with BILLS
3 

•S 168 RS

1 taken on board a commercial vessel to control or 

2 maintain trim, draught, stability, or stresses of the 

3 commercial vessel, regardless of how it is carried. 

4 (4) BALLAST WATER DISCHARGE STANDARD.— 

5 The term ‘‘ballast water discharge standard’’ means 

6 the numerical ballast water discharge standard set 

7 forth in section 151.2030 of title 33, Code of Fed8 eral Regulations, or section 151.1511 of such title, 

9 or a revised numerical ballast water discharge stand10 ard established under section 5, as applicable. 

11 (5) BALLAST WATER MANAGEMENT SYSTEM.— 

12 The term ‘‘ballast water management system’’ 

13 means any system (including all ballast water treat14 ment equipment and all associated control and moni15 toring equipment) that processes ballast water to 

16 kill, render harmless, or remove organisms. 

17 (6) COMMERCIAL VESSEL.— 

18 (A) IN GENERAL.—The term ‘‘commercial 

19 vessel’’ means a vessel (as defined in section 3 

20 of title 1, United States Code) that is engaged 

21 in commercial service (as defined in section 

22 2101 of title 46, United States Code). 

23 (B) EXCLUSION.—The term ‘‘commercial 

24 vessel’’ does not include a recreational vessel. 


sradovich on DSK3GMQ082PROD with BILLS
4 

•S 168 RS

1 (7) DISCHARGE INCIDENTAL TO THE NORMAL

2 OPERATION OF A COMMERCIAL VESSEL.— 

3 (A) IN GENERAL.—The term ‘‘discharge 

4 incidental to the normal operation of a commer5 cial vessel’’ means— 

6 (i) a discharge into navigable waters 

7 of the United States from a commercial 

8 vessel of— 

9 (I)(aa) graywater, bilge water, 

10 cooling water, oil water separator ef11 fluent, anti-fouling hull coating leach12 ate, boiler or economizer blowdown, 

13 byproducts from cathodic protection, 

14 controllable pitch propeller and 

15 thruster hydraulic fluid, distillation 

16 and reverse osmosis brine, elevator pit 

17 effluent, firemain system effluent, 

18 freshwater layup effluent, gas turbine 

19 wash water, motor gasoline and com20 pensating effluent, refrigeration and 

21 air condensate effluent, seawater pip22 ing biofouling prevention substances, 

23 boat engine wet exhaust, sonar dome 

24 effluent, exhaust gas scrubber 


sradovich on DSK3GMQ082PROD with BILLS
5 

•S 168 RS

1 washwater, or stern tube packing 

2 gland effluent; or 

3 (bb) any other pollutant associ4 ated with the operation of a marine 

5 propulsion system, shipboard maneu6 vering system, habitability system, or 

7 installed major equipment, or from a 

8 protective, preservative, or absorptive 

9 application to the hull of a commercial 

10 vessel; 

11 (II) deck runoff, deck washdown, 

12 above the waterline hull cleaning ef13 fluent, aqueous film forming foam ef14 fluent, chain locker effluent, non-oily 

15 machinery wastewater, underwater 

16 ship husbandry effluent, welldeck ef17 fluent, or fish hold and fish hold 

18 cleaning effluent; or 

19 (III) any effluent from a properly 

20 functioning marine engine; or 

21 (ii) a discharge of a pollutant into 

22 navigable waters of the United States in 

23 connection with the testing, maintenance, 

24 or repair of a system, equipment, or engine 

25 described in subclause (I)(bb) or (III) of 


sradovich on DSK3GMQ082PROD with BILLS
6 

•S 168 RS

1 clause (i) whenever the commercial vessel 

2 is waterborne. 

3 (B) EXCLUSIONS.—The term ‘‘discharge 

4 incidental to the normal operation of a commer5 cial vessel’’ does not include— 

6 (i) a discharge into navigable waters 

7 of the United States from a commercial 

8 vessel of— 

9 (I) ballast water; 

10 (II) rubbish, trash, garbage, in11 cinerator ash, or other such material 

12 discharged overboard; 

13 (III) oil or a hazardous substance 

14 (as such terms are defined in section 

15 311 of the Federal Water Pollution 

16 Control Act (33 U.S.C. 1321)); or 

17 (IV) sewage (as defined in sec18 tion 312(a)(6) of the Federal Water 

19 Pollution Control Act (33 U.S.C. 

20 1322(a)(6))); or 

21 (ii) any emission of an air pollutant 

22 resulting from the operation onboard a 

23 commercial vessel of a commercial vessel 

24 propulsion system, motor driven equip25 ment, or incinerator; or 


sradovich on DSK3GMQ082PROD with BILLS
7 

•S 168 RS

1 (iii) any discharge into navigable 

2 waters of the United States from a com3 mercial vessel when the commercial vessel 

4 is operating in a capacity other than as a 

5 means of transportation on water. 

6 (8) GENERAL PERMIT.—The term ‘‘General 

7 Permit’’ means the Final National Pollutant Dis8 charge Elimination System Vessel General Permit 

9 for Discharges Incidental to the Normal Operation 

10 of a Vessel noticed in the Federal Register on April 

11 12, 2013 (78 Fed. Reg. 21938). 

12 (9) GEOGRAPHICALLY LIMITED AREA.—The 

13 term ‘‘geographically limited area’’ means an area— 

14 (A) with a physical limitation that prevents 

15 a commercial vessel from operating outside the 

16 area, such as the Great Lakes and Saint Law17 rence River, as determined by the Secretary; or 

18 (B) that is ecologically homogeneous, as 

19 determined by the Secretary in consultation 

20 with the heads of other Federal departments or 

21 agencies the Secretary considers appropriate. 

22 (10) MAJOR CONVERSION.—The term ‘‘major 

23 conversion’’ has the meaning given such term in sec24 tion 2101(14a) of title 46, United States Code. 


sradovich on DSK3GMQ082PROD with BILLS
8 

•S 168 RS

1 (11) NAVIGABLE WATERS OF THE UNITED

2 STATES.—The term ‘‘navigable waters of the United 

3 States’’ has the meaning given such term in section 

4 2101(17a) of title 46, United States Code. 

5 (12) OWNER OR OPERATOR.—The term ‘‘owner 

6 or operator’’ means a person owning, operating, or 

7 chartering by demise a commercial vessel. 

8 (13) POLLUTANT.—The term ‘‘pollutant’’ has 

9 the meaning given such term in section 502(6) of 

10 the Federal Water Pollution Control Act (33 U.S.C. 

11 1362(6)). 

12 (14) RECREATIONAL VESSEL.—The term ‘‘rec13 reational vessel’’ has the meaning given such term in 

14 section 2101(25) of title 46, United States Code. 

15 (15) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of the department in which the 

17 Coast Guard is operating. 

18 SEC. 3. EXISTING BALLAST WATER REGULATIONS. 

19 (a) EFFECT ON EXISTING REGULATIONS.—Any reg20 ulation issued pursuant to the Nonindigenous Aquatic 

21 Nuisance Prevention and Control Act of 1990 that is in 

22 effect on the date immediately preceding the effective date 

23 of this Act, and that relates to a matter subject to regula24 tion under this Act, shall remain in full force and effect 


sradovich on DSK3GMQ082PROD with BILLS
9 

•S 168 RS

1 unless or until superseded by a new regulation issued 

2 under this Act relating to such matter. 

3 (b) APPLICATION OF OTHER REGULATIONS.—The 

4 regulations issued pursuant to the Nonindigenous Aquatic 

5 Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

6 4701 et seq.) relating to sanctions for violating a regula7 tion under that Act shall apply to violations of a regulation 

8 issued under this Act. 

9 SEC. 4. BALLAST WATER DISCHARGE REQUIREMENTS. 

10 (a) IN GENERAL.— 

11 (1) REQUIREMENTS.—Except as provided in 

12 paragraph (3), and subject to sections 151.2035 and 

13 151.2036 of title 33, Code of Federal Regulations 

14 (as in effect on the date of the enactment of this 

15 Act), an owner or operator may discharge ballast 

16 water into navigable waters of the United States 

17 from a commercial vessel covered under subsection 

18 (b) only if— 

19 (A) by applying the best available tech20 nology that is economically achievable, the dis21 charge meets the ballast water discharge stand22 ard; and 

23 (B) the owner or operator discharges the 

24 ballast water in accordance with other require25 ments established by the Secretary. 


sradovich on DSK3GMQ082PROD with BILLS
10 

•S 168 RS

1 (2) COMMERCIAL VESSELS ENTERING THE

2 GREAT LAKES SYSTEM.—If a commercial vessel en3 ters the Great Lakes through the Saint Lawrence 

4 River after operating outside the exclusive economic 

5 zone of the United States or Canada, the owner or 

6 operator shall— 

7 (A) comply with the requirements of— 

8 (i) paragraph (1); 

9 (ii) subpart C of part 151 of title 33, 

10 Code of Federal Regulations; and 

11 (iii) section 401.30 of such title; and 

12 (B) conduct a complete ballast water ex13 change in an area that is 200 nautical miles or 

14 more from any shore before the owner or oper15 ator may discharge ballast water while oper16 ating in the Saint Lawrence River or the Great 

17 Lakes, subject to any requirements the Sec18 retary determines necessary with regard to such 

19 exchange, or any ballast water management 

20 system that is to be used in conjunction with 

21 such exchange, to ensure that any discharge of 

22 ballast water complies with the requirements 

23 under paragraph (1). 

24 (3) SAFETY EXEMPTION.—Notwithstanding 

25 paragraphs (1) and (2), an owner or operator may 


sradovich on DSK3GMQ082PROD with BILLS
11 

•S 168 RS

1 discharge any ballast water into navigable waters of 

2 the United States from a commercial vessel if— 

3 (A) the ballast water is discharged solely 

4 to ensure the safety of life at sea; 

5 (B) the ballast water is discharged acci6 dentally as the result of damage to the commer7 cial vessel or its equipment and— 

8 (i) all reasonable precautions to pre9 vent or minimize the discharge have been 

10 taken; and 

11 (ii) the owner or operator did not will12 fully or recklessly cause such damage; or 

13 (C) the ballast water is discharged solely 

14 for the purpose of avoiding or minimizing a dis15 charge from the commercial vessel of a pollut16 ant that would violate an applicable Federal or 

17 State law. 

18 (4) LIMITATION ON REQUIREMENTS.—In estab19 lishing requirements under this subsection, the Sec20 retary may not require the installation of a ballast 

21 water management system on a commercial vessel 

22 that— 

23 (A) carries all of its ballast water in sealed 

24 tanks that are not subject to discharge; or 


sradovich on DSK3GMQ082PROD with BILLS
12 

•S 168 RS

1 (B) discharges ballast water solely into a 

2 reception facility described in section 7. 

3 (b) APPLICABILITY.— 

4 (1) COVERED VESSELS.—Except as provided in 

5 paragraph (2), subsection (a) shall apply to any 

6 commercial vessel that is designed, constructed, or 

7 adapted to carry ballast water while such commer8 cial vessel is operating in navigable waters of the 

9 United States. 

10 (2) EXEMPTED VESSELS.—Subsection (a) shall 

11 not apply to a commercial vessel— 

12 (A) that continuously takes on and dis13 charges ballast water in a flow-through system, 

14 if such system does not introduce aquatic nui15 sance species into navigable waters of the 

16 United States, as determined by the Secretary; 

17 (B) that operates exclusively within a geo18 graphically limited area; 

19 (C) that operates pursuant to a geographic 

20 restriction issued as a condition under section 

21 3309 of title 46, United States Code, or an 

22 equivalent restriction issued by the country of 

23 registration of the commercial vessel; 


sradovich on DSK3GMQ082PROD with BILLS
13 

•S 168 RS

1 (D) in the National Defense Reserve Fleet 

2 that is scheduled to be disposed of through 

3 scrapping or sinking; 

4 (E) that discharges ballast water con5 sisting solely of water taken aboard from a pub6 lic or commercial source that, at the time the 

7 water is taken aboard, meets the applicable reg8 ulations or permit requirements for such source 

9 under the Safe Drinking Water Act (42 U.S.C. 

10 300f et seq.); or 

11 (F) in an alternative compliance program 

12 established pursuant to section 6. 

13 (c) TYPE APPROVAL OF BALLAST WATER MANAGE14 MENT SYSTEMS THAT RENDER BALLAST WATER ORGA15 NISMS INCAPABLE OF REPRODUCTION.— 

16 (1) IN GENERAL.—Notwithstanding chapter 5 

17 of title 5, United States Code, part 151 of title 33, 

18 Code of Federal Regulations, and part 162 of title 

19 46, Code of Federal Regulations, a ballast water 

20 management system that renders organisms in bal21 last water incapable of reproduction at the con22 centrations prescribed in the ballast water discharge 

23 standard shall be type approved by the Secretary, 

24 if— 

25 (A) such system— 


sradovich on DSK3GMQ082PROD with BILLS
14 

•S 168 RS

1 (i) undergoes type approval testing at 

2 an independent laboratory designated by 

3 the Secretary under such regulations; and 

4 (ii) meets the requirements of subpart 

5 162.060 of title 46, Code of Federal Regu6 lations, other than the requirements re7 lated to staining methods or measuring the 

8 concentration of living organisms; and 

9 (B) such laboratory uses a type approval 

10 testing method described in a final policy letter 

11 published under paragraph (2). 

12 (2) TYPE APPROVAL TESTING METHODS.— 

13 (A) DRAFT POLICY.—Not later than 60 

14 days after the date of enactment of this Act, 

15 the Secretary shall publish a draft policy letter 

16 describing type approval testing methods capa17 ble of measuring the concentration of organisms 

18 in ballast water that are capable of reproduc19 tion. 

20 (B) PUBLIC COMMENT.—The Secretary 

21 shall provide for a period of not more than 60 

22 days for the public to comment on the draft 

23 policy letter published under paragraph (1). 

24 (C) FINAL POLICY.—Not later than 150 

25 days after the date of the enactment of this 


sradovich on DSK3GMQ082PROD with BILLS
15 

•S 168 RS

1 Act, the Secretary shall publish a final policy 

2 letter describing type approval testing methods 

3 capable of measuring the concentration of orga4 nisms in ballast water that are capable of re5 production. 

6 (D) REVISIONS.—The Secretary shall re7 vise such policy letter as additional testing 

8 methods are determined by the Secretary to be 

9 capable of measuring the concentration of orga10 nisms in ballast water that are capable of re11 production. 

12 (E) CONSIDERATIONS.—In developing a 

13 policy letter under this paragraph, the Sec14 retary— 

15 (i) shall consider a type approval test16 ing method that uses organism grow out 

17 and most probable number statistical anal18 ysis to determine the concentration of or19 ganisms in ballast water that are capable 

20 of reproduction; and 

21 (ii) shall not consider a type approval 

22 testing method that relies on a staining 

23 method that measures the concentration of 

24 organisms greater than or equal to 10 miVerDate Sep 11 2014 23:14 Mar 30, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S168.RS S168

sradovich on DSK3GMQ082PROD with BILLS
16 

•S 168 RS

1 crometers and organisms less than or 

2 equal to 50 micrometers. 

3 SEC. 5. REVIEW OF BALLAST WATER DISCHARGE STAND4 ARD. 

5 (a) EFFECTIVENESS REVIEW.— 

6 (1) IN GENERAL.—The Secretary shall conduct 

7 reviews in accordance with this section to determine 

8 whether revising the ballast water discharge stand9 ard based on the application of the best available 

10 technology that is economically achievable would re11 sult in a reduction in the risk of the introduction or 

12 establishment of aquatic nuisance species. 

13 (2) REQUIRED REVIEWS.—Not later than Janu14 ary 1, 2022, and every 10 years thereafter, the Sec15 retary, in consultation with the Administrator, shall 

16 complete a review under paragraph (1). 

17 (3) STATE PETITIONS FOR REVIEW.— 

18 (A) IN GENERAL.—The Governor of a 

19 State may submit a petition requesting the Sec20 retary to conduct a review under paragraph (1) 

21 if there is significant new information that 

22 could reasonably indicate the ballast water dis23 charge standard could be revised to result in a 

24 reduction in the risk of the introduction or es25 tablishment of aquatic nuisance species. 


sradovich on DSK3GMQ082PROD with BILLS
17 

•S 168 RS

1 (B) TIMING.—A Governor may not submit 

2 a petition under subparagraph (A) during the 

3 1-year period following the date of completion 

4 of a review under paragraph (1). 

5 (C) REQUIRED INFORMATION.—A petition 

6 submitted to the Secretary under subparagraph 

7 (A) shall include— 

8 (i) a proposed ballast water discharge 

9 standard that would result in a reduction 

10 in the risk of the introduction or establish11 ment of aquatic nuisance species; 

12 (ii) information regarding any ballast 

13 water management systems that may 

14 achieve the proposed ballast water dis15 charge standard; 

16 (iii) the scientific and technical infor17 mation on which the petition is based, in18 cluding a description of the risk reduction 

19 that would result from the proposed ballast 

20 water discharge standard included under 

21 clause (i); and 

22 (iv) any additional information the 

23 Secretary considers appropriate. 

24 (D) PUBLIC AVAILABILITY.—Upon receiv25 ing a petition under subparagraph (A), the SecVerDate Sep 11 2014 23:14 Mar 30, 2017 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S168.RS S168

sradovich on DSK3GMQ082PROD with BILLS
18 

•S 168 RS

1 retary shall make publicly available a copy of 

2 the petition, including the information included 

3 under subparagraph (C). 

4 (E) TREATMENT OF MORE THAN ONE PE5 TITION AS A SINGLE PETITION.—The Secretary 

6 may treat more than one petition submitted 

7 under subparagraph (A) as a single such peti8 tion. 

9 (F) AUTHORITY TO REVIEW.—After receiv10 ing a petition that meets the requirements of 

11 this paragraph, the Secretary, in consultation 

12 with the Administrator, may conduct a review 

13 under paragraph (1). 

14 (b) PRACTICABILITY REVIEW.— 

15 (1) IN GENERAL.—If the Secretary determines 

16 under subsection (a) that revision of the ballast 

17 water discharge standard would result in a reduction 

18 in the risk of the introduction or establishment of 

19 aquatic nuisance species, the Secretary, in consulta20 tion with the Administrator, shall conduct a prac21 ticability review to determine whether— 

22 (A) a ballast water management system 

23 that is capable of achieving the ballast water 

24 discharge standard as proposed to be revised is 


sradovich on DSK3GMQ082PROD with BILLS
19 

•S 168 RS

1 economically achievable and operationally prac2 ticable; and 

3 (B) testing protocols that can assure accu4 rate measurement of compliance with the bal5 last water discharge standard as proposed to be 

6 revised can be practicably implemented. 

7 (2) CRITERIA FOR PRACTICABILITY REVIEW.— 

8 In conducting a practicability review under para9 graph (1), the Secretary shall consider— 

10 (A) improvements in the scientific under11 standing of biological and ecological processes 

12 that lead to the introduction or establishment of 

13 aquatic nuisance species; 

14 (B) improvements in ballast water manage15 ment systems, including— 

16 (i) the capability of such systems to 

17 achieve the ballast water discharge stand18 ard as proposed to be revised; 

19 (ii) the effectiveness and reliability of 

20 such systems in the shipboard environ21 ment; 

22 (iii) the compatibility of such systems 

23 with the design and operation of a com24 mercial vessel by class, type, and size; 


sradovich on DSK3GMQ082PROD with BILLS
20 

•S 168 RS

1 (iv) the commercial availability of 

2 such systems; and 

3 (v) the safety of such systems; 

4 (C) improvements in the capabilities to de5 tect, quantify, and assess whether aquatic nui6 sance species are capable of reproduction under 

7 the ballast water discharge standard as pro8 posed to be revised; 

9 (D) the impact of ballast water manage10 ment systems on water quality; 

11 (E) the costs, cost-effectiveness, and ef12 fects of— 

13 (i) a revised ballast water discharge 

14 standard; and 

15 (ii) maintaining the existing ballast 

16 water discharge standard; and 

17 (F) other criteria that the Secretary con18 siders appropriate. 

19 (3) INFORMATION FROM STATES.—In con20 ducting a practicability review under paragraph (1), 

21 the Secretary shall solicit information from the 

22 States concerning matters the Secretary is required 

23 to consider under paragraph (2). 

24 (c) REVISED BALLAST WATER DISCHARGE STAND25 ARD.—The Secretary shall issue a rule to revise the ballast 


sradovich on DSK3GMQ082PROD with BILLS
21 

•S 168 RS

1 water discharge standard if the Secretary, in consultation 

2 with the Administrator, determines on the basis of the 

3 practicability review under subsection (b) that— 

4 (1) a ballast water management system that is 

5 capable of achieving the ballast water discharge 

6 standard as proposed to be revised is economically 

7 achievable and operationally practicable; and 

8 (2) testing protocols that can assure accurate 

9 measurement of compliance with the ballast water 

10 discharge standard as proposed to be revised can be 

11 practicably implemented. 

12 (d) REVISED BALLAST WATER DISCHARGE STAND13 ARD EFFECTIVE DATE AND COMPLIANCE DEADLINE.— 

14 (1) IN GENERAL.—If the Secretary issues a 

15 rule to revise the ballast water discharge standard 

16 under subsection (c), the Secretary shall include in 

17 such rule— 

18 (A) an effective date for the revised ballast 

19 discharge standard that is three years after the 

20 date on which such rule is published in the Fed21 eral Register; and 

22 (B) for the owner or operator of a com23 mercial vessel that is constructed or completes 

24 a major conversion on or after the date that is 

25 three years after the date on which the rule is 


sradovich on DSK3GMQ082PROD with BILLS
22 

•S 168 RS

1 published in the Federal Register, a deadline to 

2 comply with the revised ballast water discharge 

3 standard that is the first day on which such 

4 commercial vessel operates in navigable waters 

5 of the United States. 

6 (2) EXTENSIONS.—The Secretary shall estab7 lish a process for an owner or operator to submit a 

8 petition to the Secretary for an extension of a com9 pliance deadline under paragraph (1)(B). 

10 (3) FACTORS.—In reviewing a petition under 

11 this subsection, the Secretary shall consider, with re12 spect to the ability of an owner or operator to meet 

13 a compliance deadline— 

14 (A) whether the ballast water management 

15 system to be installed, if applicable, is available 

16 in sufficient quantities to meet the compliance 

17 deadline; 

18 (B) whether there is sufficient shipyard or 

19 other installation facility capacity; 

20 (C) whether there is sufficient availability 

21 of engineering and design resources; 

22 (D) commercial vessel characteristics, such 

23 as engine room size, layout, or a lack of in24 stalled piping; 


sradovich on DSK3GMQ082PROD with BILLS
23 

•S 168 RS

1 (E) electric power generating capacity 

2 aboard the commercial vessel; 

3 (F) the safety of the commercial vessel and 

4 crew; and 

5 (G) any other factor that the Secretary de6 termines appropriate. 

7 (4) CONSIDERATION OF PETITIONS.— 

8 (A) DETERMINATIONS.—The Secretary 

9 shall approve or deny a petition for an exten10 sion of a compliance deadline submitted by an 

11 owner or operator under this subsection. 

12 (B) DEADLINE.—If the Secretary does not 

13 approve or deny a petition referred to in sub14 paragraph (A) on or before the last day of the 

15 90-day period beginning on the date of submis16 sion of the petition, the petition shall be deemed 

17 approved. 

18 (5) PERIOD OF USE OF INSTALLED BALLAST

19 WATER MANAGEMENT SYSTEM.— 

20 (A) IN GENERAL.—Subject to subpara21 graph (B), an owner or operator shall be con22 sidered to be in compliance with the ballast 

23 water discharge standard if— 

24 (i) the ballast water management sys25 tem installed on the commercial vessel 


sradovich on DSK3GMQ082PROD with BILLS
24 

•S 168 RS

1 complies with the ballast water discharge 

2 standard in effect at the time of installa3 tion, notwithstanding any revisions to the 

4 ballast water discharge standard occurring 

5 after the installation; 

6 (ii) the owner or operator maintains 

7 the ballast water management system in 

8 proper working condition, as determined by 

9 the Secretary; and 

10 (iii) the ballast water management 

11 system continues to meet the ballast water 

12 discharge standard applicable to the com13 mercial vessel at the time of installation, 

14 as determined by the Secretary. 

15 (B) LIMITATION.—Subparagraph (A) shall 

16 cease to apply with respect to a commercial ves17 sel after— 

18 (i) the expiration of the service life of 

19 the ballast water management system of 

20 the commercial vessel, as determined by 

21 the Secretary; 

22 (ii) the expiration of the service life of 

23 the commercial vessel, as determined by 

24 the Secretary; or 


sradovich on DSK3GMQ082PROD with BILLS
25 

•S 168 RS

1 (iii) the completion of a major conver2 sion of the commercial vessel. 

3 SEC. 6. ALTERNATIVE COMPLIANCE PROGRAM. 

4 The Secretary, in consultation with the Adminis5 trator, may issue a rule establishing one or more compli6 ance programs that may be used by an owner or operator 

7 as an alternative to compliance with the requirements of 

8 section 4(a) for a commercial vessel that— 

9 (1) has a maximum ballast water capacity of 

10 less than eight cubic meters; or 

11 (2) is less than three years from the end of the 

12 service life of the commercial vessel, as determined 

13 by the Secretary. 

14 SEC. 7. RECEPTION FACILITIES. 

15 (a) IN GENERAL.—Notwithstanding the require16 ments under section 4(a), an owner or operator may dis17 charge ballast water into an onshore or offshore facility 

18 for the reception of ballast water that meets the standards 

19 established by the Administrator, in consultation with the 

20 Secretary, under subsection (b). 

21 (b) ISSUANCE OF STANDARDS.—Not later than one 

22 year after the date of the enactment of this Act, the Ad23 ministrator, in consultation with the Secretary, shall pub24 lish a rule in the Federal Register that establishes reason25 able and practicable standards for reception facilities to 


sradovich on DSK3GMQ082PROD with BILLS
26 

•S 168 RS

1 mitigate adverse effects of aquatic nuisance species on 

2 navigable waters of the United States. 

3 SEC. 8. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO 

4 THE NORMAL OPERATION OF A COMMERCIAL 

5 VESSEL. 

6 (a) IN GENERAL.—Not later than two years after the 

7 date of the enactment of this Act, the Secretary, in con8 sultation with the Administrator, shall publish a rule in 

9 the Federal Register that establishes best management 

10 practices for discharges incidental to the normal operation 

11 of a commercial vessel for commercial vessels that are— 

12 (1) greater than or equal to 79 feet in length; 

13 and 

14 (2) not fishing vessels, including fish processing 

15 vessels and fish tender vessels (as such terms are de16 fined in section 2101 of title 46, United States 

17 Code). 

18 (b) TRANSITION.— 

19 (1) IN GENERAL.—Notwithstanding the expira20 tion date for the General Permit, any practice, limi21 tation, or concentration applicable to any discharge 

22 incidental to the normal operation of a commercial 

23 vessel that is required by the General Permit on the 

24 date of the enactment of this Act, and any reporting 

25 requirement required by the General Permit on such 


sradovich on DSK3GMQ082PROD with BILLS
27 

•S 168 RS

1 date of enactment, shall remain in effect until the 

2 effective date of a rule issued by the Secretary under 

3 subsection (a). 

4 (2) PART 6 CONDITIONS.—Notwithstanding 

5 paragraph (1) and any other provision of law, the 

6 terms and conditions of Part 6 of the General Per7 mit (relating to specific requirements for individual 

8 States or Indian country lands) shall expire on the 

9 date of the enactment of this Act. 

10 (c) APPLICATION TO CERTAIN VESSELS.— 

11 (1) APPLICATION OF FEDERAL WATER POLLU12 TION CONTROL ACT.—No permit shall be required 

13 under section 402 of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1342) or prohibition en15 forced under any other provision of law for, nor shall 

16 any best management practice regarding a discharge 

17 incidental to the normal operation of a commercial 

18 vessel under this Act apply to, a discharge incidental 

19 to the normal operation of a commercial vessel if the 

20 commercial vessel is— 

21 (A) less than 79 feet in length; or 

22 (B) a fishing vessel, including a fish proc23 essing vessel and a fish tender vessel (as such 

24 terms are defined in section 2101 of title 46, 

25 United States Code). 


sradovich on DSK3GMQ082PROD with BILLS
28 

•S 168 RS

1 (2) APPLICATION OF GENERAL PERMIT.—The 

2 terms and conditions of the General Permit shall 

3 cease to apply to vessels described in subparagraphs 

4 (A) and (B) of paragraph (1) on the date of the en5 actment of this Act. 

6 (d) STATE PETITION FOR REVISION OF BEST MAN7 AGEMENT PRACTICES.— 

8 (1) IN GENERAL.—The Governor of a State 

9 may submit a petition to the Secretary requesting 

10 that the Secretary revise a best management prac11 tice established under subsection (a) if there is sig12 nificant new information that could reasonably indi13 cate that— 

14 (A) revising the best management practice 

15 would substantially reduce the adverse effects 

16 on navigable waters of the United States of dis17 charges incidental to the normal operation of a 

18 commercial vessel; and 

19 (B) the revised best management practice 

20 would be economically achievable and operation21 ally practicable. 

22 (2) REQUIRED INFORMATION.—A petition sub23 mitted to the Secretary under paragraph (1) shall 

24 include— 


sradovich on DSK3GMQ082PROD with BILLS
29 

•S 168 RS

1 (A) the scientific and technical information 

2 on which the petition is based; and 

3 (B) any additional information the Sec4 retary considers appropriate. 

5 (3) PUBLIC AVAILABILITY.—Upon receiving a 

6 petition under paragraph (1), the Secretary shall 

7 make publicly available a copy of the petition, in8 cluding the information included under paragraph 

9 (2). 

10 (4) TREATMENT OF MORE THAN ONE PETITION

11 AS A SINGLE PETITION.—The Secretary may treat 

12 more than one petition submitted under paragraph 

13 (1) as a single petition. 

14 (5) REVISION OF BEST MANAGEMENT PRAC15 TICES.—If, after reviewing a petition submitted by a 

16 Governor under paragraph (1), the Secretary, in 

17 consultation with the Administrator, determines that 

18 revising a best management practice would substan19 tially reduce the adverse effects on navigable waters 

20 of the United States of discharges incidental to the 

21 normal operation of a commercial vessel, and the re22 vised best management practice would be economi23 cally achievable and operationally practicable, the 

24 Secretary, in consultation with the Administrator, 


sradovich on DSK3GMQ082PROD with BILLS
30 

•S 168 RS

1 may issue a rule to revise the best management 

2 practice established under subsection (a). 

3 SEC. 9. JUDICIAL REVIEW. 

4 (a) IN GENERAL.—A person may file a petition for 

5 review of a final rule issued under this Act in the United 

6 States Court of Appeals for the District of Columbia Cir7 cuit. 

8 (b) DEADLINE.— 

9 (1) IN GENERAL.—A petition shall be filed 

10 under this section not later than 120 days after the 

11 date on which the rule to be reviewed is published 

12 in the Federal Register. 

13 (2) EXCEPTION.—Notwithstanding paragraph 

14 (1), a petition that is based solely on grounds that 

15 arise after the deadline to file a petition under para16 graph (1) has passed may be filed not later than 

17 120 days after the date on which such grounds first 

18 arise. 

19 SEC. 10. STATE ENFORCEMENT. 

20 The Secretary may enter into an agreement with the 

21 Governor of a State to authorize the State to enforce the 

22 provisions of this Act, as the Secretary considers appro23 priate. 


sradovich on DSK3GMQ082PROD with BILLS
31 

•S 168 RS

1 SEC. 11. EFFECT ON STATE AUTHORITY. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b) and as necessary to implement an agreement entered 

4 into under section 10, no State or political subdivision 

5 thereof may adopt or enforce any statute, regulation, or 

6 other requirement of the State or political subdivision with 

7 respect to— 

8 (1) a discharge into navigable waters of the 

9 United States from a commercial vessel of ballast 

10 water; or 

11 (2) a discharge incidental to the normal oper12 ation of a commercial vessel. 

13 (b) PRESERVATION OF AUTHORITY.—Nothing in this 

14 Act may be construed as affecting the authority of a State 

15 or political subdivision thereof to adopt or enforce any 

16 statute, regulation, or other requirement with respect to 

17 any water or other substance discharged or emitted from 

18 a vessel in preparation for transport of the vessel by land 

19 from one body of water to another body of water. 

20 SEC. 12. EFFECT ON OTHER LAWS. 

21 (a) APPLICATION OF FEDERAL WATER POLLUTION

22 CONTROL ACT.— 

23 (1) IN GENERAL.—Except as provided in sec24 tion 8(b), on or after the date of the enactment of 

25 this Act, the Federal Water Pollution Control Act 

26 (33 U.S.C. 1251 et seq.) shall not apply to a disVerDate Sep 11 2014 23:14 Mar 30, 2017 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S168.RS S168

sradovich on DSK3GMQ082PROD with BILLS
32 

•S 168 RS

1 charge into navigable waters of the United States of 

2 ballast water from a commercial vessel or a dis3 charge incidental to the normal operation of a com4 mercial vessel. 

5 (2) OIL AND HAZARDOUS SUBSTANCE LIABIL6 ITY; MARINE SANITATION DEVICES.—Nothing in this 

7 Act may be construed as affecting the application to 

8 a commercial vessel of section 311 or 312 of the 

9 Federal Water Pollution Control Act (33 U.S.C. 

10 1321 and 1322). 

11 (b) ESTABLISHED REGIMES.—Notwithstanding any 

12 other provision of this Act, nothing in this Act may be 

13 construed as affecting the authority of the Federal Gov14 ernment under— 

15 (1) the Act to Prevent Pollution from Ships (33 

16 U.S.C. 1901 et seq.) with respect to the regulation 

17 by the Federal Government of any discharge or 

18 emission that, on or after the date of enactment of 

19 this Act, is covered under the International Conven20 tion for the Prevention of Pollution from Ships, 

21 1973, as modified by the Protocol of 1978; and 

22 (2) title X of the Coast Guard Authorization 

23 Act of 2010 (33 U.S.C. 3801 et seq.) with respect 

24 to the regulation by the Federal Government of any 

25 anti-fouling system that, on or after the date of enVerDate Sep 11 2014 23:14 Mar 30, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S168.RS S168

sradovich on DSK3GMQ082PROD with BILLS
33 

•S 168 RS

1 actment of this Act, is covered under the Inter2 national Convention on the Control of Harmful Anti3 fouling Systems on Ships, done at London October 

4 5, 2001. 

5 (c) INTERNATIONAL LAW.— 

6 (1) IN GENERAL.—Any action taken under this 

7 Act shall be taken in accordance with international 

8 law. 

9 (2) STANDARDS.—Nothing in this Act may be 

10 construed to impose any design, equipment, or oper11 ation standard on a commercial vessel not docu12 mented under the laws of the United States and en13 gaged in innocent passage unless the standard im14 plements a generally accepted international rule, as 

15 determined by the Secretary. 

16 (d) OTHER AUTHORITIES.—Nothing in this Act may 

17 construed as affecting the authority of the Secretary of 

18 Commerce or the Secretary of the Interior, as the case 

19 may be, to administer lands or waters under such Sec20 retary’s administrative control. 

21 (e) CONFORMING AMENDMENT.—Section 1205 of the 

22 Nonindigenous Aquatic Nuisance Prevention and Control 

23 Act of 1990 (16 U.S.C. 4725) is amended by adding at 

24 the end the following: ‘‘Ballast water and discharges inci25 dental to the normal operation of a commercial vessel (as 


sradovich on DSK3GMQ082PROD with BILLS
34 

•S 168 RS

1 such terms are defined in the Commercial Vessel Inci2 dental Discharge Act), shall be regulated pursuant to such 

3 Act.’’. 


sradovich on DSK3GMQ082PROD with BILLS

sradovich on DSK3GMQ082PROD with BILLS
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 


sradovich on DSK3GMQ082PROD with BILLS