I 

115TH CONGRESS 

1ST SESSION H. R. 1154 

To provide for the establishment of nationally uniform and environmentally 

sound standards governing discharges incidental to the normal operation 

of a commercial vessel. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2017 

Mr. HUNTER (for himself, Mr. CUMMINGS, Mr. GIBBS, Mr. KING of New 

York, Mr. BYRNE, Mr. FARENTHOLD, Mr. LOBIONDO, Mr. RICHMOND, 

Mr. BOST, Mr. HARPER, Mr. JENKINS of West Virginia, Mr. BABIN, Mr. 

GRAVES of Louisiana, and Mr. LEWIS of Minnesota) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To provide for the establishment of nationally uniform and 

environmentally sound standards governing discharges 

incidental to the normal operation of a commercial vessel. 

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 of 

7 this Act is as follows: 


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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. 

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 


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1 the numerical ballast water discharge standard set 

2 forth in section 151.2030 of title 33, Code of Fed3 eral Regulations, or section 151.1511 of title 33, 

4 Code of Federal Regulations, or a revised numerical 

5 ballast water discharge standard established under 

6 section 5, as applicable. 

7 (5) BALLAST WATER MANAGEMENT SYSTEM.— 

8 The term ‘‘ballast water management system’’ 

9 means any system (including all ballast water treat10 ment equipment and all associated control and moni11 toring equipment) that processes ballast water to 

12 kill, render harmless, or remove organisms. 

13 (6) COMMERCIAL VESSEL.— 

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

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

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

17 in commercial service (as defined in section 

18 2101 of title 46, United States Code). 

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

20 vessel’’ does not include a recreational vessel. 

21 (7) DISCHARGE INCIDENTAL TO THE NORMAL

22 OPERATION OF A COMMERCIAL VESSEL.— 

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

24 incidental to the normal operation of a commer25 cial vessel’’ means— 


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1 (i) a discharge into navigable waters 

2 of the United States from a commercial 

3 vessel of— 

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

5 cooling water, oil water separator ef6 fluent, anti-fouling hull coating leach7 ate, boiler or economizer blowdown, 

8 byproducts from cathodic protection, 

9 controllable pitch propeller and 

10 thruster hydraulic fluid, distillation 

11 and reverse osmosis brine, elevator pit 

12 effluent, firemain system effluent, 

13 freshwater layup effluent, gas turbine 

14 wash water, motor gasoline and com15 pensating effluent, refrigeration and 

16 air condensate effluent, seawater pip17 ing biofouling prevention substances, 

18 boat engine wet exhaust, sonar dome 

19 effluent, exhaust gas scrubber 

20 washwater, or stern tube packing 

21 gland effluent; or 

22 (bb) any other pollutant associ23 ated with the operation of a marine 

24 propulsion system, shipboard maneu25 vering system, habitability system, or 


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1 installed major equipment, or from a 

2 protective, preservative, or absorptive 

3 application to the hull of a commercial 

4 vessel; 

5 (II) deck runoff, deck washdown, 

6 above the waterline hull cleaning ef7 fluent, aqueous film forming foam ef8 fluent, chain locker effluent, non-oily 

9 machinery wastewater, underwater 

10 ship husbandry effluent, welldeck ef11 fluent, or fish hold and fish hold 

12 cleaning effluent; or 

13 (III) any effluent from a properly 

14 functioning marine engine; or 

15 (ii) a discharge of a pollutant into 

16 navigable waters of the United States in 

17 connection with the testing, maintenance, 

18 or repair of a system, equipment, or engine 

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

20 clause (i) whenever the commercial vessel 

21 is waterborne. 

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

23 incidental to the normal operation of a commer24 cial vessel’’ does not include— 


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1 (i) a discharge into navigable waters 

2 of the United States from a commercial 

3 vessel of— 

4 (I) ballast water; 

5 (II) rubbish, trash, garbage, in6 cinerator ash, or other such material 

7 discharged overboard; 

8 (III) oil or a hazardous sub9 stance, as those terms are defined in 

10 section 311 of the Federal Water Pol11 lution Control Act (33 U.S.C. 1321); 

12 or 

13 (IV) sewage, as defined in section 

14 312(a)(6) of the Federal Water Pollu15 tion Control Act (33 U.S.C. 

16 1322(a)(6)); 

17 (ii) any emission of an air pollutant 

18 resulting from the operation onboard a 

19 commercial vessel of a commercial vessel 

20 propulsion system, motor driven equip21 ment, or incinerator; or 

22 (iii) any discharge into navigable 

23 waters of the United States from a com24 mercial vessel when the commercial vessel 


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1 is operating in a capacity other than as a 

2 means of transportation on water. 

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

4 Permit’’ means the Final National Pollutant Dis5 charge Elimination System Vessel General Permit 

6 for Discharges Incidental to the Normal Operation 

7 of a Vessel noticed in the Federal Register on April 

8 12, 2013 (78 Fed. Reg. 21938). 

9 (9) GEOGRAPHICALLY LIMITED AREA.—The 

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

11 (A) with a physical limitation that prevents 

12 a commercial vessel from operating outside the 

13 area, such as the Great Lakes and Saint Law14 rence River, as determined by the Secretary; or 

15 (B) that is ecologically homogeneous, as 

16 determined by the Secretary in consultation 

17 with the heads of other Federal departments or 

18 agencies the Secretary considers appropriate. 

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

20 conversion’’ has the meaning given that term in sec21 tion 2101(14a) of title 46, United States Code. 

22 (11) NAVIGABLE WATERS OF THE UNITED

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

24 States’’ has the meaning given that term in section 

25 2101(17a) of title 46, United States Code. 


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

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

3 chartering by demise a commercial vessel. 

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

5 the meaning given that term in section 502(6) of the 

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

7 1362(6)). 

8 (14) RECREATIONAL VESSEL.—The term ‘‘rec9 reational vessel’’ has the meaning given that term in 

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

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

12 means the Secretary of the department in which the 

13 Coast Guard is operating. 

14 SEC. 3. EXISTING BALLAST WATER REGULATIONS. 

15 (a) EFFECT ON EXISTING REGULATIONS.—Any reg16 ulation issued pursuant to the Nonindigenous Aquatic 

17 Nuisance Prevention and Control Act of 1990 that is in 

18 effect on the date immediately preceding the effective date 

19 of this Act, and that relates to a matter subject to regula20 tion under this Act, shall remain in full force and effect 

21 unless or until superseded by a new regulation issued 

22 under this Act relating to such matter. 

23 (b) APPLICATION OF OTHER REGULATIONS.—The 

24 regulations issued pursuant to the Nonindigenous Aquatic 

25 Nuisance Prevention and Control Act of 1990 relating to 


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1 sanctions for violating a regulation under that Act shall 

2 apply to violations of a regulation issued under this Act. 

3 SEC. 4. BALLAST WATER DISCHARGE REQUIREMENTS. 

4 (a) IN GENERAL.— 

5 (1) REQUIREMENTS.—Except as provided in 

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

7 151.2036 of title 33, Code of Federal Regulations 

8 (as in effect on the date of enactment of this Act), 

9 an owner or operator may discharge ballast water 

10 into navigable waters of the United States from a 

11 commercial vessel covered under subsection (b) only 

12 if— 

13 (A) the discharge meets the ballast water 

14 discharge standard; and 

15 (B) the owner or operator discharges the 

16 ballast water in accordance with other require17 ments established by the Secretary. 

18 (2) COMMERCIAL VESSELS ENTERING THE

19 GREAT LAKES SYSTEM.—In the case of a commercial 

20 vessel that enters the Great Lakes through the Saint 

21 Lawrence River after operating outside the exclusive 

22 economic zone of the United States or Canada, the 

23 owner or operator shall— 

24 (A) comply with the requirements of— 

25 (i) paragraph (1); 


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

2 Code of Federal Regulations; and 

3 (iii) section 401.30 of title 33, Code of 

4 Federal Regulations; and 

5 (B) conduct a complete ballast water ex6 change in an area that is 200 nautical miles or 

7 more from any shore before the owner or oper8 ator may discharge ballast water while oper9 ating in the Saint Lawrence River or the Great 

10 Lakes, subject to any requirements the Sec11 retary determines necessary with regard to such 

12 exchange, or any ballast water management 

13 system that is to be used in conjunction with 

14 such exchange, to ensure that any discharge of 

15 ballast water complies with the requirements of 

16 paragraph (1). 

17 (3) SAFETY EXEMPTION.—Notwithstanding 

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

19 discharge any ballast water into navigable waters of 

20 the United States from a commercial vessel if— 

21 (A) the ballast water is discharged solely 

22 to ensure the safety of life at sea; 

23 (B) the ballast water is discharged acci24 dentally as the result of damage to the commer25 cial vessel or its equipment and— 


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1 (i) all reasonable precautions to pre2 vent or minimize the discharge have been 

3 taken; and 

4 (ii) the owner or operator did not will5 fully or recklessly cause such damage; or 

6 (C) the ballast water is discharged solely 

7 for the purpose of avoiding or minimizing a dis8 charge from the commercial vessel of a pollut9 ant that would violate an applicable Federal or 

10 State law. 

11 (4) LIMITATION ON REQUIREMENTS.—In estab12 lishing requirements under this subsection, the Sec13 retary may not require the installation of a ballast 

14 water management system on a commercial vessel 

15 that— 

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

17 tanks that are not subject to discharge; or 

18 (B) discharges ballast water solely into a 

19 reception facility described in section 7. 

20 (b) APPLICABILITY.— 

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

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

23 commercial vessel that is designed, constructed, or 

24 adapted to carry ballast water while such commerVerDate Sep 11 2014 23:26 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1154.IH H1154

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1 cial vessel is operating in navigable waters of the 

2 United States. 

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

4 not apply to a commercial vessel— 

5 (A) that continuously takes on and dis6 charges ballast water in a flow-through system, 

7 if such system does not introduce aquatic nui8 sance species into navigable waters of the 

9 United States, as determined by the Secretary; 

10 (B) that operates exclusively within a geo11 graphically limited area; 

12 (C) that operates pursuant to a geographic 

13 restriction issued as a condition under section 

14 3309 of title 46, United States Code, or an 

15 equivalent restriction issued by the country of 

16 registration of the commercial vessel; 

17 (D) in the National Defense Reserve Fleet 

18 that is scheduled to be disposed of through 

19 scrapping or sinking; 

20 (E) that discharges ballast water con21 sisting solely of water taken aboard from a pub22 lic or commercial source that, at the time the 

23 water is taken aboard, meets the applicable reg24 ulations or permit requirements for such source 


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

2 300f et seq.); or 

3 (F) in an alternative compliance program 

4 established pursuant to section 6. 

5 (c) TYPE APPROVAL OF BALLAST WATER MANAGE6 MENT SYSTEMS THAT RENDER BALLAST WATER ORGA7 NISMS INCAPABLE OF REPRODUCTION.— 

8 (1) IN GENERAL.—Notwithstanding chapter 5 

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

10 Code of Federal Regulations, and part 162 of title 

11 46, Code of Federal Regulations, a ballast water 

12 management system that renders organisms in bal13 last water incapable of reproduction at the con14 centrations prescribed in the ballast water discharge 

15 standard shall be type approved by the Secretary, 

16 if— 

17 (A) such system— 

18 (i) undergoes type approval testing at 

19 an independent laboratory designated by 

20 the Secretary under such regulations; and 

21 (ii) meets the requirements of subpart 

22 162.060 of title 46, Code of Federal Regu23 lations, other than the requirements re24 lated to staining methods or measuring the 

25 concentration of living organisms; and 


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1 (B) such laboratory uses a type approval 

2 testing method described in a final policy letter 

3 published under paragraph (2). 

4 (2) TYPE APPROVAL TESTING METHODS.— 

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

6 days after the date of enactment of this Act, 

7 the Secretary shall publish a draft policy letter 

8 describing type approval testing methods capa9 ble of measuring the concentration of organisms 

10 in ballast water that are capable of reproduc11 tion. 

12 (B) PUBLIC COMMENT.—The Secretary 

13 shall provide for a period of not more than 60 

14 days for the public to comment on the draft 

15 policy letter published under paragraph (1). 

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

17 days after the date of enactment of this Act, 

18 the Secretary shall publish a final policy letter 

19 describing type approval testing methods capa20 ble of measuring the concentration of organisms 

21 in ballast water that are capable of reproduc22 tion. 

23 (D) REVISIONS.—The Secretary shall re24 vise such policy letter as additional testing 

25 methods are determined by the Secretary to be 


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1 capable of measuring the concentration of orga2 nisms in ballast water that are capable of re3 production. 

4 (E) CONSIDERATIONS.—In developing a 

5 policy letter under this paragraph, the Sec6 retary— 

7 (i) shall consider a type approval test8 ing method that uses organism grow out 

9 and most probable number statistical anal10 ysis to determine the concentration of or11 ganisms in ballast water that are capable 

12 of reproduction; and 

13 (ii) shall not consider a type approval 

14 testing method that relies on a staining 

15 method that measures the concentration of 

16 organisms greater than or equal to 10 mi17 crometers and organisms less than or 

18 equal to 50 micrometers. 

19 SEC. 5. REVIEW OF BALLAST WATER DISCHARGE STAND20 ARD. 

21 (a) EFFECTIVENESS REVIEW.— 

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

23 reviews in accordance with this section to determine 

24 whether revising the ballast water discharge stand25 ard would result in a reduction in the risk of the inVerDate Sep 11 2014 23:26 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1154.IH H1154

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1 troduction or establishment of aquatic nuisance spe2 cies. 

3 (2) REQUIRED REVIEWS.—Not later than Janu4 ary 1, 2022, and every 10 years thereafter, the Sec5 retary, in consultation with the Administrator, shall 

6 complete a review under paragraph (1). 

7 (3) STATE PETITIONS FOR REVIEW.— 

8 (A) IN GENERAL.—The Governor of a 

9 State may submit a petition requesting that the 

10 Secretary conduct a review under paragraph (1) 

11 if there is significant new information that 

12 could reasonably indicate the ballast water dis13 charge standard could be revised to result in a 

14 reduction in the risk of the introduction or es15 tablishment of aquatic nuisance species. 

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

17 a petition under subparagraph (A) during the 

18 1-year period following the date of completion 

19 of a review under paragraph (1). 

20 (C) REQUIRED INFORMATION.—A petition 

21 submitted to the Secretary under subparagraph 

22 (A) shall include— 

23 (i) a proposed ballast water discharge 

24 standard that would result in a reduction 


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1 in the risk of the introduction or establish2 ment of aquatic nuisance species; 

3 (ii) information regarding any ballast 

4 water management systems that may 

5 achieve the proposed ballast water dis6 charge standard; 

7 (iii) the scientific and technical infor8 mation on which the petition is based, in9 cluding a description of the risk reduction 

10 that would result from the proposed ballast 

11 water discharge standard included under 

12 clause (i); and 

13 (iv) any additional information the 

14 Secretary considers appropriate. 

15 (D) PUBLIC AVAILABILITY.—Upon receipt 

16 of a petition under subparagraph (A), the Sec17 retary shall make publicly available a copy of 

18 the petition, including the information included 

19 under subparagraph (C). 

20 (E) TREATMENT OF MORE THAN ONE PE21 TITION AS A SINGLE PETITION.—The Secretary 

22 may treat more than one petition submitted 

23 under subparagraph (A) as a single such peti24 tion. 


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1 (F) AUTHORITY TO REVIEW.—After receiv2 ing a petition that meets the requirements of 

3 this paragraph, the Secretary, in consultation 

4 with the Administrator, may conduct a review 

5 under paragraph (1). 

6 (b) PRACTICABILITY REVIEW.— 

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

8 under subsection (a) that revision of the ballast 

9 water discharge standard would result in a reduction 

10 in the risk of the introduction or establishment of 

11 aquatic nuisance species, the Secretary, in consulta12 tion with the Administrator, shall conduct a prac13 ticability review to determine whether— 

14 (A) a ballast water management system 

15 that is capable of achieving the ballast water 

16 discharge standard as proposed to be revised is 

17 economically achievable and operationally prac18 ticable; and 

19 (B) testing protocols that can assure accu20 rate measurement of compliance with the bal21 last water discharge standard as proposed to be 

22 revised can be practicably implemented. 

23 (2) CRITERIA FOR PRACTICABILITY REVIEW.— 

24 In conducting a practicability review under para25 graph (1), the Secretary shall consider— 


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1 (A) improvements in the scientific under2 standing of biological and ecological processes 

3 that lead to the introduction or establishment of 

4 aquatic nuisance species; 

5 (B) improvements in ballast water manage6 ment systems, including— 

7 (i) the capability of such systems to 

8 achieve the ballast water discharge stand9 ard as proposed to be revised; 

10 (ii) the effectiveness and reliability of 

11 such systems in the shipboard environ12 ment; 

13 (iii) the compatibility of such systems 

14 with the design and operation of a com15 mercial vessel by class, type, and size; 

16 (iv) the commercial availability of 

17 such systems; and 

18 (v) the safety of such systems; 

19 (C) improvements in the capabilities to de20 tect, quantify, and assess whether aquatic nui21 sance species are capable of reproduction under 

22 the ballast water discharge standard as pro23 posed to be revised; 

24 (D) the impact of ballast water manage25 ment systems on water quality; 


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1 (E) the costs, cost-effectiveness, and ef2 fects of— 

3 (i) a revised ballast water discharge 

4 standard; and 

5 (ii) maintaining the existing ballast 

6 water discharge standard; and 

7 (F) other criteria that the Secretary con8 siders appropriate. 

9 (3) INFORMATION FROM STATES.—In con10 ducting a practicability review under paragraph (1), 

11 the Secretary shall solicit information from the 

12 States concerning matters the Secretary is required 

13 to consider under paragraph (2). 

14 (c) REVISED BALLAST WATER DISCHARGE STAND15 ARD.—The Secretary shall issue a rule to revise the ballast 

16 water discharge standard if the Secretary, in consultation 

17 with the Administrator, determines on the basis of the 

18 practicability review under subsection (b) that— 

19 (1) a ballast water management system that is 

20 capable of achieving the ballast water discharge 

21 standard as proposed to be revised is economically 

22 achievable and operationally practicable; and 

23 (2) testing protocols that can assure accurate 

24 measurement of compliance with the ballast water 


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1 discharge standard as proposed to be revised can be 

2 practicably implemented. 

3 (d) REVISED BALLAST WATER DISCHARGE STAND4 ARD EFFECTIVE DATE AND COMPLIANCE DEADLINE.— 

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

6 rule to revise the ballast water discharge standard 

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

8 such rule— 

9 (A) an effective date for the revised ballast 

10 discharge standard that is three years after the 

11 date on which such rule is published in the Fed12 eral Register; and 

13 (B) for the owner or operator of a com14 mercial vessel that is constructed or completes 

15 a major conversion on or after the date that is 

16 three years after the date on which the rule is 

17 published in the Federal Register, a deadline to 

18 comply with the revised ballast water discharge 

19 standard that is the first day on which such 

20 commercial vessel operates in navigable waters 

21 of the United States. 

22 (2) EXTENSIONS.—The Secretary shall estab23 lish a process for an owner or operator to submit a 

24 petition to the Secretary for an extension of a com25 pliance deadline under paragraph (1)(B). 


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

2 this subsection, the Secretary shall consider, with re3 spect to the ability of an owner or operator to meet 

4 a compliance deadline, the following factors: 

5 (A) Whether the ballast water management 

6 system to be installed, if applicable, is available 

7 in sufficient quantities to meet the compliance 

8 deadline. 

9 (B) Whether there is sufficient shipyard or 

10 other installation facility capacity. 

11 (C) Whether there is sufficient availability 

12 of engineering and design resources. 

13 (D) Commercial vessel characteristics, such 

14 as engine room size, layout, or a lack of in15 stalled piping. 

16 (E) Electric power generating capacity 

17 aboard the commercial vessel. 

18 (F) Safety of the commercial vessel and 

19 crew. 

20 (G) Any other factor that the Secretary de21 termines appropriate. 

22 (4) CONSIDERATION OF PETITIONS.— 

23 (A) DETERMINATIONS.—The Secretary 

24 shall approve or deny a petition for an extenVerDate Sep 11 2014 23:26 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1154.IH H1154

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1 sion of a compliance deadline submitted by an 

2 owner or operator under this subsection. 

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

4 approve or deny a petition referred to in sub5 paragraph (A) on or before the last day of the 

6 90-day period beginning on the date of submis7 sion of the petition, the petition shall be deemed 

8 approved. 

9 (5) PERIOD OF USE OF INSTALLED BALLAST

10 WATER MANAGEMENT SYSTEM.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), an owner or operator shall be con13 sidered to be in compliance with the ballast 

14 water discharge standard if the ballast water 

15 management system installed on the commercial 

16 vessel complies with the ballast water discharge 

17 standard in effect at the time of installation, 

18 notwithstanding any revisions to the ballast 

19 water discharge standard occurring after the in20 stallation, so long as— 

21 (i) the owner or operator maintains 

22 the ballast water management system in 

23 proper working condition, as determined by 

24 the Secretary; and 


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1 (ii) the ballast water management sys2 tem continues to meet the ballast water 

3 discharge standard applicable to the com4 mercial vessel at the time of installation, 

5 as determined by the Secretary. 

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

7 cease to apply with respect to a commercial ves8 sel after the first to occur of the following: 

9 (i) The expiration of the service life of 

10 the ballast water management system of 

11 the commercial vessel, as determined by 

12 the Secretary. 

13 (ii) The expiration of the service life 

14 of the commercial vessel, as determined by 

15 the Secretary. 

16 (iii) The completion of a major con17 version of the commercial vessel. 

18 SEC. 6. ALTERNATIVE COMPLIANCE PROGRAM. 

19 The Secretary, in consultation with the Adminis20 trator, may issue a rule establishing one or more compli21 ance programs as that may be used by an owner or oper22 ator as an alternative to compliance with the requirements 

23 of section 4(a) for a commercial vessel that— 

24 (1) has a maximum ballast water capacity of 

25 less than 8 cubic meters; or 


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1 (2) is less than 3 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 of section 4(a), an owner or operator may discharge 

7 ballast water into an onshore or offshore facility for the 

8 reception of ballast water that meets the standards estab9 lished by the Administrator, in consultation with the Sec10 retary, under subsection (b). 

11 (b) ISSUANCE OF STANDARDS.—Not later than 1 

12 year after the date of enactment of this Act, the Adminis13 trator, in consultation with the Secretary, shall publish in 

14 the Federal Register a rule establishing reasonable and 

15 practicable standards for reception facilities to mitigate 

16 adverse effects of aquatic nuisance species on navigable 

17 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 2 years after the 

22 date of enactment of this Act, the Secretary, in consulta23 tion with the Administrator, shall publish in the Federal 

24 Register a rule establishing best management practices for 


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1 discharges incidental to the normal operation of a com2 mercial 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 enactment of this Act, and any reporting re16 quirement 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 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 enact21 ment 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 requesting that the Secretary 


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1 revise a best management practice established under 

2 subsection (a) if there is significant new information 

3 that could reasonably indicate that— 

4 (A) revising the best management practice 

5 would substantially reduce the adverse effects 

6 on navigable waters of the United States of dis7 charges incidental to the normal operation of a 

8 commercial vessel; and 

9 (B) the revised best management practice 

10 would be economically achievable and operation11 ally practicable. 

12 (2) REQUIRED INFORMATION.—A petition sub13 mitted to the Secretary under paragraph (1) shall 

14 include— 

15 (A) the scientific and technical information 

16 on which the petition is based; and 

17 (B) any additional information the Sec18 retary considers appropriate. 

19 (3) PUBLIC AVAILABILITY.—Upon receipt of a 

20 petition under paragraph (1), the Secretary shall 

21 make publicly available a copy of the petition, in22 cluding the information included under paragraph 

23 (2). 

24 (4) TREATMENT OF MORE THAN ONE PETITION

25 AS A SINGLE PETITION.—The Secretary may treat 


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1 more than one petition submitted under paragraph 

2 (1) as a single such petition. 

3 (5) REVISION OF BEST MANAGEMENT PRAC4 TICES.—If, after reviewing a petition submitted by a 

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

6 consultation with the Administrator, determines that 

7 revising a best management practice would substan8 tially reduce the adverse effects on navigable waters 

9 of the United States of discharges incidental to the 

10 normal operation of a commercial vessel, and the re11 vised best management practice would be economi12 cally achievable and operationally practicable, the 

13 Secretary may, in consultation with the Adminis14 trator, issue a rule to revise the best management 

15 practice established under subsection (a). 

16 SEC. 9. JUDICIAL REVIEW. 

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

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

19 States Court of Appeals for the District of Columbia Cir20 cuit. 

21 (b) DEADLINE.— 

22 (1) IN GENERAL.—A petition under this section 

23 shall be filed not later than 120 days after the date 

24 on which the rule is published in the Federal Reg25 ister. 


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1 (2) EXCEPTION.—Notwithstanding paragraph 

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

3 arise after the deadline to file a petition under para4 graph (1) has passed may be filed not later than 

5 120 days after the date on which such grounds first 

6 arise. 

7 SEC. 10. STATE ENFORCEMENT. 

8 The Secretary may enter into an agreement with the 

9 Governor of a State to allow the State to enforce the provi10 sions of this Act, as the Secretary considers appropriate. 

11 SEC. 11. EFFECT ON STATE AUTHORITY. 

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

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

14 into under section 10, no State or political subdivision 

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

16 other requirement of the State or political subdivision with 

17 respect to— 

18 (1) a discharge into navigable waters of the 

19 United States from a commercial vessel of ballast 

20 water; or 

21 (2) a discharge incidental to the normal oper22 ation of a commercial vessel. 

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

24 Act affects the authority of a State or political subdivision 

25 thereof to adopt or enforce any statute, regulation, or 


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1 other requirement with respect to any water or other sub2 stance discharged or emitted from a vessel in preparation 

3 for transport of the vessel by land from one body of water 

4 to another. 

5 SEC. 12. EFFECT ON OTHER LAWS. 

6 (a) APPLICATION OF FEDERAL WATER POLLUTION

7 CONTROL ACT.— 

8 (1) IN GENERAL.—Except as provided in sec9 tion 8(b), on or after the date of enactment of this 

10 Act, the Federal Water Pollution Control Act (33 

11 U.S.C. 1251 et seq.) shall not apply to a discharge 

12 into navigable waters of the United States of ballast 

13 water from a commercial vessel or a discharge inci14 dental to the normal operation of a commercial ves15 sel. 

16 (2) OIL AND HAZARDOUS SUBSTANCE LIABIL17 ITY; MARINE SANITATION DEVICES.—Nothing in this 

18 Act shall affect the application to a commercial ves19 sel of— 

20 (A) section 311 of the Federal Water Pol21 lution Control Act (33 U.S.C. 1321); or 

22 (B) section 312 of the Federal Water Pol23 lution Control Act (33 U.S.C. 1322). 


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1 (b) ESTABLISHED REGIMES.—Notwithstanding any 

2 other provision of this Act, nothing in this Act shall affect 

3 the authority of the Federal Government under— 

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

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

6 by the Federal Government of any discharge or 

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

8 this Act, is covered under the International Conven9 tion for the Prevention of Pollution from Ships, 

10 1973, as modified by the Protocol of 1978; and 

11 (2) title X of the Coast Guard Authorization 

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

13 to the regulation by the Federal Government of any 

14 anti-fouling system that, on or after the date of en15 actment of this Act, is covered under the Inter16 national Convention on the Control of Harmful Anti17 Fouling Systems on Ships, 2001. 

18 (c) INTERNATIONAL LAW.— 

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

20 Act shall be taken in accordance with international 

21 law. 

22 (2) STANDARDS.—This Act shall not be con23 strued to impose any design, equipment, or oper24 ation standard on a commercial vessel not docu25 mented under the laws of the United States and enVerDate Sep 11 2014 23:26 Feb 24, 2017 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1154.IH H1154

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1 gaged in innocent passage unless the standard im2 plements a generally accepted international rule, as 

3 determined by the Secretary. 

4 (d) OTHER AUTHORITIES.—Nothing in this Act shall 

5 affect the authority of the Secretary of Commerce or the 

6 Secretary of the Interior, as the case may be, to admin7 ister those lands or waters under such Secretary’s admin8 istrative control. 

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

10 Nonindigenous Aquatic Nuisance Prevention and Control 

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

12 the end the following: ‘‘Ballast water and discharges inci13 dental to the normal operation of a commercial vessel, as 

14 those terms are defined in the Commercial Vessel Inci15 dental Discharge Act, shall be regulated pursuant to such 

16 Act.’’. 

Æ 


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