II 

115TH CONGRESS 

1ST SESSION S. 168 

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, and Mr. 

THUNE) introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Commercial Vessel Incidental Discharge Act’’. 

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

7 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) AQUATIC NUISANCE SPECIES.—The term 

7 ‘‘aquatic nuisance species’’ means a nonindigenous 

8 species (including a pathogen) that threatens the di9 versity or abundance of native species or the ecologi10 cal stability of navigable waters of the United 

11 States, or commercial, agricultural, aquacultural, or 

12 recreational activities dependent on such waters. 

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

14 water’’ means any water and suspended matter 

15 taken on board a commercial vessel to control or 

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

17 commercial vessel, regardless of how it is carried. 

18 (4) BALLAST WATER DISCHARGE STANDARD.— 

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

20 the numerical ballast water discharge standard set 

21 forth in section 151.2030 of title 33, Code of Fed22 eral Regulations, or section 151.1511 of such title, 


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1 or a revised numerical ballast water discharge stand2 ard established under section 5, as applicable. 

3 (5) BALLAST WATER MANAGEMENT SYSTEM.— 

4 The term ‘‘ballast water management system’’ 

5 means any system (including all ballast water treat6 ment equipment and all associated control and moni7 toring equipment) that processes ballast water to 

8 kill, render harmless, or remove organisms. 

9 (6) COMMERCIAL VESSEL.— 

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

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

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

13 in commercial service (as defined in section 

14 2101 of title 46, United States Code). 

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

16 vessel’’ does not include a recreational vessel. 

17 (7) DISCHARGE INCIDENTAL TO THE NORMAL

18 OPERATION OF A COMMERCIAL VESSEL.— 

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

20 incidental to the normal operation of a commer21 cial vessel’’ means— 

22 (i) a discharge into navigable waters 

23 of the United States from a commercial 

24 vessel of— 


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

2 cooling water, oil water separator ef3 fluent, anti-fouling hull coating leach4 ate, boiler or economizer blowdown, 

5 byproducts from cathodic protection, 

6 controllable pitch propeller and 

7 thruster hydraulic fluid, distillation 

8 and reverse osmosis brine, elevator pit 

9 effluent, firemain system effluent, 

10 freshwater layup effluent, gas turbine 

11 wash water, motor gasoline and com12 pensating effluent, refrigeration and 

13 air condensate effluent, seawater pip14 ing biofouling prevention substances, 

15 boat engine wet exhaust, sonar dome 

16 effluent, exhaust gas scrubber 

17 washwater, or stern tube packing 

18 gland effluent; or 

19 (bb) any other pollutant associ20 ated with the operation of a marine 

21 propulsion system, shipboard maneu22 vering system, habitability system, or 

23 installed major equipment, or from a 

24 protective, preservative, or absorptive 


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1 application to the hull of a commercial 

2 vessel; 

3 (II) deck runoff, deck washdown, 

4 above the waterline hull cleaning ef5 fluent, aqueous film forming foam ef6 fluent, chain locker effluent, non-oily 

7 machinery wastewater, underwater 

8 ship husbandry effluent, welldeck ef9 fluent, or fish hold and fish hold 

10 cleaning effluent; or 

11 (III) any effluent from a properly 

12 functioning marine engine; or 

13 (ii) a discharge of a pollutant into 

14 navigable waters of the United States in 

15 connection with the testing, maintenance, 

16 or repair of a system, equipment, or engine 

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

18 clause (i) whenever the commercial vessel 

19 is waterborne. 

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

21 incidental to the normal operation of a commer22 cial vessel’’ does not include— 

23 (i) a discharge into navigable waters 

24 of the United States from a commercial 

25 vessel of— 


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1 (I) ballast water; 

2 (II) rubbish, trash, garbage, in3 cinerator ash, or other such material 

4 discharged overboard; 

5 (III) oil or a hazardous substance 

6 (as such terms are defined in section 

7 311 of the Federal Water Pollution 

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

9 (IV) sewage (as defined in sec10 tion 312(a)(6) of the Federal Water 

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

12 1322(a)(6))); or 

13 (ii) any emission of an air pollutant 

14 resulting from the operation onboard a 

15 commercial vessel of a commercial vessel 

16 propulsion system, motor driven equip17 ment, or incinerator; or 

18 (iii) any discharge into navigable 

19 waters of the United States from a com20 mercial vessel when the commercial vessel 

21 is operating in a capacity other than as a 

22 means of transportation on water. 

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

24 Permit’’ means the Final National Pollutant Dis25 charge Elimination System Vessel General Permit 


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1 for Discharges Incidental to the Normal Operation 

2 of a Vessel noticed in the Federal Register on April 

3 12, 2013 (78 Fed. Reg. 21938). 

4 (9) GEOGRAPHICALLY LIMITED AREA.—The 

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

6 (A) with a physical limitation that prevents 

7 a commercial vessel from operating outside the 

8 area, such as the Great Lakes and Saint Law9 rence River, as determined by the Secretary; or 

10 (B) that is ecologically homogeneous, as 

11 determined by the Secretary in consultation 

12 with the heads of other Federal departments or 

13 agencies the Secretary considers appropriate. 

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

15 conversion’’ has the meaning given such term in sec16 tion 2101(14a) of title 46, United States Code. 

17 (11) NAVIGABLE WATERS OF THE UNITED

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

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

20 2101(17a) of title 46, United States Code. 

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

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

23 chartering by demise a commercial vessel. 

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

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


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

2 1362(6)). 

3 (14) RECREATIONAL VESSEL.—The term ‘‘rec4 reational vessel’’ has the meaning given such term in 

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

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

7 means the Secretary of the department in which the 

8 Coast Guard is operating. 

9 SEC. 3. EXISTING BALLAST WATER REGULATIONS. 

10 (a) EFFECT ON EXISTING REGULATIONS.—Any reg11 ulation issued pursuant to the Nonindigenous Aquatic 

12 Nuisance Prevention and Control Act of 1990 that is in 

13 effect on the date immediately preceding the effective date 

14 of this Act, and that relates to a matter subject to regula15 tion under this Act, shall remain in full force and effect 

16 unless or until superseded by a new regulation issued 

17 under this Act relating to such matter. 

18 (b) APPLICATION OF OTHER REGULATIONS.—The 

19 regulations issued pursuant to the Nonindigenous Aquatic 

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

21 4701 et seq.) relating to sanctions for violating a regula22 tion under that Act shall apply to violations of a regulation 

23 issued under this Act. 

24 SEC. 4. BALLAST WATER DISCHARGE REQUIREMENTS. 

25 (a) IN GENERAL.— 


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1 (1) REQUIREMENTS.—Except as provided in 

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

3 151.2036 of title 33, Code of Federal Regulations 

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

5 Act), an owner or operator may discharge ballast 

6 water into navigable waters of the United States 

7 from a commercial vessel covered under subsection 

8 (b) only if— 

9 (A) by applying the best available tech10 nology that is economically achievable, the dis11 charge meets the ballast water discharge stand12 ard; and 

13 (B) the owner or operator discharges the 

14 ballast water in accordance with other require15 ments established by the Secretary. 

16 (2) COMMERCIAL VESSELS ENTERING THE

17 GREAT LAKES SYSTEM.—If a commercial vessel en18 ters the Great Lakes through the Saint Lawrence 

19 River after operating outside the exclusive economic 

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

21 operator shall— 

22 (A) comply with the requirements of— 

23 (i) paragraph (1); 

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

25 Code of Federal Regulations; and 


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1 (iii) section 401.30 of such title; and 

2 (B) conduct a complete ballast water ex3 change in an area that is 200 nautical miles or 

4 more from any shore before the owner or oper5 ator may discharge ballast water while oper6 ating in the Saint Lawrence River or the Great 

7 Lakes, subject to any requirements the Sec8 retary determines necessary with regard to such 

9 exchange, or any ballast water management 

10 system that is to be used in conjunction with 

11 such exchange, to ensure that any discharge of 

12 ballast water complies with the requirements 

13 under paragraph (1). 

14 (3) SAFETY EXEMPTION.—Notwithstanding 

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

16 discharge any ballast water into navigable waters of 

17 the United States from a commercial vessel if— 

18 (A) the ballast water is discharged solely 

19 to ensure the safety of life at sea; 

20 (B) the ballast water is discharged acci21 dentally as the result of damage to the commer22 cial vessel or its equipment and— 

23 (i) all reasonable precautions to pre24 vent or minimize the discharge have been 

25 taken; and 


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1 (ii) the owner or operator did not will2 fully or recklessly cause such damage; or 

3 (C) the ballast water is discharged solely 

4 for the purpose of avoiding or minimizing a dis5 charge from the commercial vessel of a pollut6 ant that would violate an applicable Federal or 

7 State law. 

8 (4) LIMITATION ON REQUIREMENTS.—In estab9 lishing requirements under this subsection, the Sec10 retary may not require the installation of a ballast 

11 water management system on a commercial vessel 

12 that— 

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

14 tanks that are not subject to discharge; or 

15 (B) discharges ballast water solely into a 

16 reception facility described in section 7. 

17 (b) APPLICABILITY.— 

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

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

20 commercial vessel that is designed, constructed, or 

21 adapted to carry ballast water while such commer22 cial vessel is operating in navigable waters of the 

23 United States. 

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

25 not apply to a commercial vessel— 


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1 (A) that continuously takes on and dis2 charges ballast water in a flow-through system, 

3 if such system does not introduce aquatic nui4 sance species into navigable waters of the 

5 United States, as determined by the Secretary; 

6 (B) that operates exclusively within a geo7 graphically limited area; 

8 (C) that operates pursuant to a geographic 

9 restriction issued as a condition under section 

10 3309 of title 46, United States Code, or an 

11 equivalent restriction issued by the country of 

12 registration of the commercial vessel; 

13 (D) in the National Defense Reserve Fleet 

14 that is scheduled to be disposed of through 

15 scrapping or sinking; 

16 (E) that discharges ballast water con17 sisting solely of water taken aboard from a pub18 lic or commercial source that, at the time the 

19 water is taken aboard, meets the applicable reg20 ulations or permit requirements for such source 

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

22 300f et seq.); or 

23 (F) in an alternative compliance program 

24 established pursuant to section 6. 


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1 (c) TYPE APPROVAL OF BALLAST WATER MANAGE2 MENT SYSTEMS THAT RENDER BALLAST WATER ORGA3 NISMS INCAPABLE OF REPRODUCTION.— 

4 (1) IN GENERAL.—Notwithstanding chapter 5 

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

6 Code of Federal Regulations, and part 162 of title 

7 46, Code of Federal Regulations, a ballast water 

8 management system that renders organisms in bal9 last water incapable of reproduction at the con10 centrations prescribed in the ballast water discharge 

11 standard shall be type approved by the Secretary, 

12 if— 

13 (A) such system— 

14 (i) undergoes type approval testing at 

15 an independent laboratory designated by 

16 the Secretary under such regulations; and 

17 (ii) meets the requirements of subpart 

18 162.060 of title 46, Code of Federal Regu19 lations, other than the requirements re20 lated to staining methods or measuring the 

21 concentration of living organisms; and 

22 (B) such laboratory uses a type approval 

23 testing method described in a final policy letter 

24 published under paragraph (2). 

25 (2) TYPE APPROVAL TESTING METHODS.— 


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

2 days after the date of enactment of this Act, 

3 the Secretary shall publish a draft policy letter 

4 describing type approval testing methods capa5 ble of measuring the concentration of organisms 

6 in ballast water that are capable of reproduc7 tion. 

8 (B) PUBLIC COMMENT.—The Secretary 

9 shall provide for a period of not more than 60 

10 days for the public to comment on the draft 

11 policy letter published under paragraph (1). 

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

13 days after the date of the enactment of this 

14 Act, the Secretary shall publish a final policy 

15 letter describing type approval testing methods 

16 capable of measuring the concentration of orga17 nisms in ballast water that are capable of re18 production. 

19 (D) REVISIONS.—The Secretary shall re20 vise such policy letter as additional testing 

21 methods are determined by the Secretary to be 

22 capable of measuring the concentration of orga23 nisms in ballast water that are capable of re24 production. 


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1 (E) CONSIDERATIONS.—In developing a 

2 policy letter under this paragraph, the Sec3 retary— 

4 (i) shall consider a type approval test5 ing method that uses organism grow out 

6 and most probable number statistical anal7 ysis to determine the concentration of or8 ganisms in ballast water that are capable 

9 of reproduction; and 

10 (ii) shall not consider a type approval 

11 testing method that relies on a staining 

12 method that measures the concentration of 

13 organisms greater than or equal to 10 mi14 crometers and organisms less than or 

15 equal to 50 micrometers. 

16 SEC. 5. REVIEW OF BALLAST WATER DISCHARGE STAND17 ARD. 

18 (a) EFFECTIVENESS REVIEW.— 

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

20 reviews in accordance with this section to determine 

21 whether revising the ballast water discharge stand22 ard based on the application of the best available 

23 technology that is economically achievable would re24 sult in a reduction in the risk of the introduction or 

25 establishment of aquatic nuisance species. 


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1 (2) REQUIRED REVIEWS.—Not later than Janu2 ary 1, 2022, and every 10 years thereafter, the Sec3 retary, in consultation with the Administrator, shall 

4 complete a review under paragraph (1). 

5 (3) STATE PETITIONS FOR REVIEW.— 

6 (A) IN GENERAL.—The Governor of a 

7 State may submit a petition requesting the Sec8 retary to conduct a review under paragraph (1) 

9 if there is significant new information that 

10 could reasonably indicate the ballast water dis11 charge standard could be revised to result in a 

12 reduction in the risk of the introduction or es13 tablishment of aquatic nuisance species. 

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

15 a petition under subparagraph (A) during the 

16 1-year period following the date of completion 

17 of a review under paragraph (1). 

18 (C) REQUIRED INFORMATION.—A petition 

19 submitted to the Secretary under subparagraph 

20 (A) shall include— 

21 (i) a proposed ballast water discharge 

22 standard that would result in a reduction 

23 in the risk of the introduction or establish24 ment of aquatic nuisance species; 


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1 (ii) information regarding any ballast 

2 water management systems that may 

3 achieve the proposed ballast water dis4 charge standard; 

5 (iii) the scientific and technical infor6 mation on which the petition is based, in7 cluding a description of the risk reduction 

8 that would result from the proposed ballast 

9 water discharge standard included under 

10 clause (i); and 

11 (iv) any additional information the 

12 Secretary considers appropriate. 

13 (D) PUBLIC AVAILABILITY.—Upon receiv14 ing a petition under subparagraph (A), the Sec15 retary shall make publicly available a copy of 

16 the petition, including the information included 

17 under subparagraph (C). 

18 (E) TREATMENT OF MORE THAN ONE PE19 TITION AS A SINGLE PETITION.—The Secretary 

20 may treat more than one petition submitted 

21 under subparagraph (A) as a single such peti22 tion. 

23 (F) AUTHORITY TO REVIEW.—After receiv24 ing a petition that meets the requirements of 

25 this paragraph, the Secretary, in consultation 


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1 with the Administrator, may conduct a review 

2 under paragraph (1). 

3 (b) PRACTICABILITY REVIEW.— 

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

5 under subsection (a) that revision of the ballast 

6 water discharge standard would result in a reduction 

7 in the risk of the introduction or establishment of 

8 aquatic nuisance species, the Secretary, in consulta9 tion with the Administrator, shall conduct a prac10 ticability review to determine whether— 

11 (A) a ballast water management system 

12 that is capable of achieving the ballast water 

13 discharge standard as proposed to be revised is 

14 economically achievable and operationally prac15 ticable; and 

16 (B) testing protocols that can assure accu17 rate measurement of compliance with the bal18 last water discharge standard as proposed to be 

19 revised can be practicably implemented. 

20 (2) CRITERIA FOR PRACTICABILITY REVIEW.— 

21 In conducting a practicability review under para22 graph (1), the Secretary shall consider— 

23 (A) improvements in the scientific under24 standing of biological and ecological processes 


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1 that lead to the introduction or establishment of 

2 aquatic nuisance species; 

3 (B) improvements in ballast water manage4 ment systems, including— 

5 (i) the capability of such systems to 

6 achieve the ballast water discharge stand7 ard as proposed to be revised; 

8 (ii) the effectiveness and reliability of 

9 such systems in the shipboard environ10 ment; 

11 (iii) the compatibility of such systems 

12 with the design and operation of a com13 mercial vessel by class, type, and size; 

14 (iv) the commercial availability of 

15 such systems; and 

16 (v) the safety of such systems; 

17 (C) improvements in the capabilities to de18 tect, quantify, and assess whether aquatic nui19 sance species are capable of reproduction under 

20 the ballast water discharge standard as pro21 posed to be revised; 

22 (D) the impact of ballast water manage23 ment systems on water quality; 

24 (E) the costs, cost-effectiveness, and ef25 fects of— 


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1 (i) a revised ballast water discharge 

2 standard; and 

3 (ii) maintaining the existing ballast 

4 water discharge standard; and 

5 (F) other criteria that the Secretary con6 siders appropriate. 

7 (3) INFORMATION FROM STATES.—In con8 ducting a practicability review under paragraph (1), 

9 the Secretary shall solicit information from the 

10 States concerning matters the Secretary is required 

11 to consider under paragraph (2). 

12 (c) REVISED BALLAST WATER DISCHARGE STAND13 ARD.—The Secretary shall issue a rule to revise the ballast 

14 water discharge standard if the Secretary, in consultation 

15 with the Administrator, determines on the basis of the 

16 practicability review under subsection (b) that— 

17 (1) a ballast water management system that is 

18 capable of achieving the ballast water discharge 

19 standard as proposed to be revised is economically 

20 achievable and operationally practicable; and 

21 (2) testing protocols that can assure accurate 

22 measurement of compliance with the ballast water 

23 discharge standard as proposed to be revised can be 

24 practicably implemented. 


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1 (d) REVISED BALLAST WATER DISCHARGE STAND2 ARD EFFECTIVE DATE AND COMPLIANCE DEADLINE.— 

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

4 rule to revise the ballast water discharge standard 

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

6 such rule— 

7 (A) an effective date for the revised ballast 

8 discharge standard that is three years after the 

9 date on which such rule is published in the Fed10 eral Register; and 

11 (B) for the owner or operator of a com12 mercial vessel that is constructed or completes 

13 a major conversion on or after the date that is 

14 three years after the date on which the rule is 

15 published in the Federal Register, a deadline to 

16 comply with the revised ballast water discharge 

17 standard that is the first day on which such 

18 commercial vessel operates in navigable waters 

19 of the United States. 

20 (2) EXTENSIONS.—The Secretary shall estab21 lish a process for an owner or operator to submit a 

22 petition to the Secretary for an extension of a com23 pliance deadline under paragraph (1)(B). 

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

25 this subsection, the Secretary shall consider, with reVerDate Sep 11 2014 00:12 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S168.IS S168

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1 spect to the ability of an owner or operator to meet 

2 a compliance deadline— 

3 (A) whether the ballast water management 

4 system to be installed, if applicable, is available 

5 in sufficient quantities to meet the compliance 

6 deadline; 

7 (B) whether there is sufficient shipyard or 

8 other installation facility capacity; 

9 (C) whether there is sufficient availability 

10 of engineering and design resources; 

11 (D) commercial vessel characteristics, such 

12 as engine room size, layout, or a lack of in13 stalled piping; 

14 (E) electric power generating capacity 

15 aboard the commercial vessel; 

16 (F) the safety of the commercial vessel and 

17 crew; and 

18 (G) any other factor that the Secretary de19 termines appropriate. 

20 (4) CONSIDERATION OF PETITIONS.— 

21 (A) DETERMINATIONS.—The Secretary 

22 shall approve or deny a petition for an exten23 sion of a compliance deadline submitted by an 

24 owner or operator under this subsection. 


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

2 approve or deny a petition referred to in sub3 paragraph (A) on or before the last day of the 

4 90-day period beginning on the date of submis5 sion of the petition, the petition shall be deemed 

6 approved. 

7 (5) PERIOD OF USE OF INSTALLED BALLAST

8 WATER MANAGEMENT SYSTEM.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), an owner or operator shall be con11 sidered to be in compliance with the ballast 

12 water discharge standard if— 

13 (i) the ballast water management sys14 tem installed on the commercial vessel 

15 complies with the ballast water discharge 

16 standard in effect at the time of installa17 tion, notwithstanding any revisions to the 

18 ballast water discharge standard occurring 

19 after the installation; 

20 (ii) the owner or operator maintains 

21 the ballast water management system in 

22 proper working condition, as determined by 

23 the Secretary; and 

24 (iii) the ballast water management 

25 system continues to meet the ballast water 


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1 discharge standard applicable to the com2 mercial vessel at the time of installation, 

3 as determined by the Secretary. 

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

5 cease to apply with respect to a commercial ves6 sel after— 

7 (i) the expiration of the service life of 

8 the ballast water management system of 

9 the commercial vessel, as determined by 

10 the Secretary; 

11 (ii) the expiration of the service life of 

12 the commercial vessel, as determined by 

13 the Secretary; or 

14 (iii) the completion of a major conver15 sion of the commercial vessel. 

16 SEC. 6. ALTERNATIVE COMPLIANCE PROGRAM. 

17 The Secretary, in consultation with the Adminis18 trator, may issue a rule establishing one or more compli19 ance programs that may be used by an owner or operator 

20 as an alternative to compliance with the requirements of 

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

22 (1) has a maximum ballast water capacity of 

23 less than eight cubic meters; or 


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

2 service life of the commercial vessel, as determined 

3 by the Secretary. 

4 SEC. 7. RECEPTION FACILITIES. 

5 (a) IN GENERAL.—Notwithstanding the require6 ments under section 4(a), an owner or operator may dis7 charge ballast water into an onshore or offshore facility 

8 for the reception of ballast water that meets the standards 

9 established by the Administrator, in consultation with the 

10 Secretary, under subsection (b). 

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

12 year after the date of the enactment of this Act, the Ad13 ministrator, in consultation with the Secretary, shall pub14 lish a rule in the Federal Register that establishes reason15 able and practicable standards for reception facilities to 

16 mitigate adverse effects of aquatic nuisance species on 

17 navigable waters of the United States. 

18 SEC. 8. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO 

19 THE NORMAL OPERATION OF A COMMERCIAL 

20 VESSEL. 

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

22 date of the enactment of this Act, the Secretary, in con23 sultation with the Administrator, shall publish a rule in 

24 the Federal Register that establishes best management 


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1 practices for discharges incidental to the normal operation 

2 of a commercial vessel for commercial vessels that are— 

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

4 and 

5 (2) not fishing vessels, including fish processing 

6 vessels and fish tender vessels (as such terms are de7 fined in section 2101 of title 46, United States 

8 Code). 

9 (b) TRANSITION.— 

10 (1) IN GENERAL.—Notwithstanding the expira11 tion date for the General Permit, any practice, limi12 tation, or concentration applicable to any discharge 

13 incidental to the normal operation of a commercial 

14 vessel that is required by the General Permit on the 

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

16 requirement required by the General Permit on such 

17 date of enactment, shall remain in effect until the 

18 effective date of a rule issued by the Secretary under 

19 subsection (a). 

20 (2) PART 6 CONDITIONS.—Notwithstanding 

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

22 terms and conditions of Part 6 of the General Per23 mit (relating to specific requirements for individual 

24 States or Indian country lands) shall expire on the 

25 date of the enactment of this Act. 


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1 (c) APPLICATION TO CERTAIN VESSELS.— 

2 (1) APPLICATION OF FEDERAL WATER POLLU3 TION CONTROL ACT.—No permit shall be required 

4 under section 402 of the Federal Water Pollution 

5 Control Act (33 U.S.C. 1342) or prohibition en6 forced under any other provision of law for, nor shall 

7 any best management practice regarding a discharge 

8 incidental to the normal operation of a commercial 

9 vessel under this Act apply to, a discharge incidental 

10 to the normal operation of a commercial vessel if the 

11 commercial vessel is— 

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

13 (B) a fishing vessel, including a fish proc14 essing vessel and a fish tender vessel (as such 

15 terms are defined in section 2101 of title 46, 

16 United States Code). 

17 (2) APPLICATION OF GENERAL PERMIT.—The 

18 terms and conditions of the General Permit shall 

19 cease to apply to vessels described in subparagraphs 

20 (A) and (B) of paragraph (1) on the date of the en21 actment of this Act. 

22 (d) STATE PETITION FOR REVISION OF BEST MAN23 AGEMENT PRACTICES.— 

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

25 may submit a petition to the Secretary requesting 


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1 that the Secretary revise a best management prac2 tice established under subsection (a) if there is sig3 nificant new information that could reasonably indi4 cate that— 

5 (A) revising the best management practice 

6 would substantially reduce the adverse effects 

7 on navigable waters of the United States of dis8 charges incidental to the normal operation of a 

9 commercial vessel; and 

10 (B) the revised best management practice 

11 would be economically achievable and operation12 ally practicable. 

13 (2) REQUIRED INFORMATION.—A petition sub14 mitted to the Secretary under paragraph (1) shall 

15 include— 

16 (A) the scientific and technical information 

17 on which the petition is based; and 

18 (B) any additional information the Sec19 retary considers appropriate. 

20 (3) PUBLIC AVAILABILITY.—Upon receiving a 

21 petition under paragraph (1), the Secretary shall 

22 make publicly available a copy of the petition, in23 cluding the information included under paragraph 

24 (2). 


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1 (4) TREATMENT OF MORE THAN ONE PETITION

2 AS A SINGLE PETITION.—The Secretary may treat 

3 more than one petition submitted under paragraph 

4 (1) as a single petition. 

5 (5) REVISION OF BEST MANAGEMENT PRAC6 TICES.—If, after reviewing a petition submitted by a 

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

8 consultation with the Administrator, determines that 

9 revising a best management practice would substan10 tially reduce the adverse effects on navigable waters 

11 of the United States of discharges incidental to the 

12 normal operation of a commercial vessel, and the re13 vised best management practice would be economi14 cally achievable and operationally practicable, the 

15 Secretary, in consultation with the Administrator, 

16 may issue a rule to revise the best management 

17 practice established under subsection (a). 

18 SEC. 9. JUDICIAL REVIEW. 

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

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

21 States Court of Appeals for the District of Columbia Cir22 cuit. 

23 (b) DEADLINE.— 

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

25 under this section not later than 120 days after the 


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1 date on which the rule to be reviewed is published 

2 in the Federal Register. 

3 (2) EXCEPTION.—Notwithstanding paragraph 

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

5 arise after the deadline to file a petition under para6 graph (1) has passed may be filed not later than 

7 120 days after the date on which such grounds first 

8 arise. 

9 SEC. 10. STATE ENFORCEMENT. 

10 The Secretary may enter into an agreement with the 

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

12 provisions of this Act, as the Secretary considers appro13 priate. 

14 SEC. 11. EFFECT ON STATE AUTHORITY. 

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

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

17 into under section 10, no State or political subdivision 

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

19 other requirement of the State or political subdivision with 

20 respect to— 

21 (1) a discharge into navigable waters of the 

22 United States from a commercial vessel of ballast 

23 water; or 

24 (2) a discharge incidental to the normal oper25 ation of a commercial vessel. 


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

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

3 or political subdivision thereof to adopt or enforce any 

4 statute, regulation, or other requirement with respect to 

5 any water or other substance discharged or emitted from 

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

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

8 SEC. 12. EFFECT ON OTHER LAWS. 

9 (a) APPLICATION OF FEDERAL WATER POLLUTION

10 CONTROL ACT.— 

11 (1) IN GENERAL.—Except as provided in sec12 tion 8(b), on or after the date of the enactment of 

13 this Act, the Federal Water Pollution Control Act 

14 (33 U.S.C. 1251 et seq.) shall not apply to a dis15 charge into navigable waters of the United States of 

16 ballast water from a commercial vessel or a dis17 charge incidental to the normal operation of a com18 mercial vessel. 

19 (2) OIL AND HAZARDOUS SUBSTANCE LIABIL20 ITY; MARINE SANITATION DEVICES.—Nothing in this 

21 Act may be construed as affecting the application to 

22 a commercial vessel of section 311 or 312 of the 

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

24 1321 and 1322). 


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1 (b) ESTABLISHED REGIMES.—Notwithstanding any 

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

3 construed as affecting the authority of the Federal Gov4 ernment under— 

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

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

7 by the Federal Government of any discharge or 

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

9 this Act, is covered under the International Conven10 tion for the Prevention of Pollution from Ships, 

11 1973, as modified by the Protocol of 1978; and 

12 (2) title X of the Coast Guard Authorization 

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

14 to the regulation by the Federal Government of any 

15 anti-fouling system that, on or after the date of en16 actment of this Act, is covered under the Inter17 national Convention on the Control of Harmful Anti18 fouling Systems on Ships, done at London October 

19 5, 2001. 

20 (c) INTERNATIONAL LAW.— 

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

22 Act shall be taken in accordance with international 

23 law. 

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

25 construed to impose any design, equipment, or operVerDate Sep 11 2014 00:12 Jan 26, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S168.IS S168

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1 ation standard on a commercial vessel not docu2 mented under the laws of the United States and en3 gaged in innocent passage unless the standard im4 plements a generally accepted international rule, as 

5 determined by the Secretary. 

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

7 construed as affecting the authority of the Secretary of 

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

9 may be, to administer lands or waters under such Sec10 retary’s administrative control. 

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

12 Nonindigenous Aquatic Nuisance Prevention and Control 

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

14 the end the following: ‘‘Ballast water and discharges inci15 dental to the normal operation of a commercial vessel (as 

16 such terms are defined in the Commercial Vessel Inci17 dental Discharge Act), shall be regulated pursuant to such 

18 Act.’’. 

Æ 


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