II 

112TH CONGRESS 

2D SESSION S. 3332 

To provide for the establishment of nationally uniform and environmentally 

sound standards governing discharges incidental to the normal operation 

of a vessel in the navigable waters of the United States. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2012 

Mr. BEGICH (for himself, Ms. AYOTTE, Mr. BOOZMAN, Mr. INOUYE, Mrs. 

MCCASKILL, Ms. MURKOWSKI, Mr. ROCKEFELLER, Ms. SNOWE, Mr. VITTER, and Mr. WICKER) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide for the establishment of nationally uniform and 

environmentally sound standards governing discharges 

incidental to the normal operation of a vessel in the 

navigable waters of the United States. 

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 ‘‘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. Findings; purpose. 

Sec. 3. Definitions. 

Sec. 4. Regulation and enforcement. 

Sec. 5. Uniform vessel incidental discharge standards. 

Sec. 6. Treatment technology certification. 

Sec. 7. Exemptions. 

Sec. 8. Alternative compliance program. 

Sec. 9. Judicial review. 

Sec. 10. Effect on State authority. 

Sec. 11. Application with other statutes. 

1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Beginning with enactment of the Act to 

5 Prevent Pollution from Ships in 1980 (22 U.S.C. 

6 1901 et seq.), the United States Coast Guard has 

7 been the principal Federal authority charged with 

8 administering, enforcing, and prescribing regulations 

9 relating to the discharge of pollutants from vessels 

10 engaged in maritime commerce and transportation. 

11 (2) The Coast Guard estimates there are ap12 proximately 12,700,000 State-registered recreational 

13 vessels, 78,000 commercial fishing vessels, and 

14 57,000 freight and tank barges operating in United 

15 States waters. 

16 (3) From 1973 to 2005, certain discharges inci17 dental to the normal operation of a vessel were ex18 empted by regulation from otherwise applicable per19 mitting requirements. 


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1 (4) Over the 32 years during which this regu2 latory exemption was in effect, Congress enacted 

3 statutes on a number of occasions dealing with the 

4 regulation of discharges incidental to the normal op5 eration of a vessel, including— 

6 (A) the Act to Prevent Pollution from 

7 Ships (33 U.S.C. 1901 et seq.) in 1980; 

8 (B) the Nonindigenous Aquatic Nuisance 

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

10 4701 et seq.); 

11 (C) the National Invasive Species Act of 

12 1996 (110 Stat. 4073); 

13 (D) section 415 of the Coast Guard Au14 thorization Act of 1998 (112 Stat. 3434) and 

15 section 623 of the Coast Guard and Maritime 

16 Transportation Act of 2004 (33 U.S.C. 1901 

17 note), which established interim and permanent 

18 requirements, respectively, for the regulation of 

19 incidental vessel discharges of certain bulk 

20 cargo residue; 

21 (E) title XIV of division B of Appendix D 

22 of the Consolidated Appropriations Act, 2001 

23 (114 Stat. 2763), which prohibited or limited 

24 certain vessel discharges in certain areas of 

25 Alaska; 


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1 (F) section 204 of the Maritime Transpor2 tation Security Act of 2002 (33 U.S.C. 1902a), 

3 which established requirements for the regula4 tion of incidental vessel discharges of agricul5 tural cargo residue material in the form of hold 

6 washings; and 

7 (G) title X of the Coast Guard Authoriza8 tion Act of 2010 (33 U.S.C. 3801 et seq.), 

9 which provided for the implementation of the 

10 International Convention on the Control of 

11 Harmful Anti-Fouling Systems on Ships, 2001. 

12 (b) PURPOSE.—The purpose of this Act is to provide 

13 for the establishment of nationally uniform and environ14 mentally sound standards for discharges incidental to the 

15 normal operation of a vessel in the navigable waters of 

16 the United States. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Environ21 mental Protection Agency. 

22 (2) AQUATIC NUISANCE SPECIES.—The term 

23 ‘‘aquatic nuisance species’’ means a nonindigenous 

24 species (including a pathogen) that threatens the di25 versity or abundance of native species or the ecologiVerDate Mar 15 2010 04:20 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 cal stability of navigable waters or commercial, agri2 cultural, aquacultural, or recreational activities de3 pendent on such waters. 

4 (3) BALLAST WATER.— 

5 (A) IN GENERAL.—The term ‘‘ballast 

6 water’’ means any water, including any sedi7 ment suspended in such water, taken aboard a 

8 vessel— 

9 (i) to control trim, list, draught, sta10 bility, or stresses of the vessel; or 

11 (ii) during the cleaning, maintenance, 

12 or other operation of a ballast water treat13 ment technology of the vessel. 

14 (B) EXCLUSIONS.—The term ‘‘ballast 

15 water’’ does not include any pollutant that is 

16 added to water described in subparagraph (A) 

17 that is not directly related to the operation of 

18 a properly functioning ballast water treatment 

19 technology under this Act. 

20 (4) BALLAST WATER PERFORMANCE STAND21 ARD.—The term ‘‘ballast water performance stand22 ard’’ means the numerical ballast water performance 

23 standard set forth in Regulation D–2 of the Inter24 national Convention for the Control and Manage25 ment of Ships’ Ballast Water and Sediments, adoptVerDate Mar 15 2010 04:20 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 ed on February 13, 2004, or a revised numerical 

2 ballast water performance standard established 

3 under section 5. 

4 (5) BALLAST WATER TREATMENT TECHNOLOGY

5 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

6 water treatment technology’’ or ‘‘treatment tech7 nology’’ means any mechanical, physical, chemical, 

8 or biological process used, alone or in combination, 

9 to remove, render harmless, or avoid the uptake or 

10 discharge of aquatic nuisance species within ballast 

11 water. 

12 (6) BIOCIDE.—The term ‘‘biocide’’ means a 

13 substance or organism, including a virus or fungus, 

14 that is introduced into or produced by a ballast 

15 water treatment technology to reduce or eliminate 

16 aquatic nuisance species as part of the process used 

17 to comply with a ballast water performance standard 

18 under this Act. 

19 (7) DISCHARGE INCIDENTAL TO THE NORMAL

20 OPERATION OF A VESSEL.— 

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

22 incidental to the normal operation of a vessel’’ 

23 means— 

24 (i) a discharge into navigable waters 

25 from a vessel of— 


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

2 bilge water, cooling water, oil water 

3 separator effluent, anti-fouling hull 

4 coating leachate, boiler or economizer 

5 blowdown, byproducts from cathodic 

6 protection, controllable pitch propeller 

7 and thruster hydraulic fluid, distilla8 tion and reverse osmosis brine, eleva9 tor pit effluent, firemain system efflu10 ent, freshwater layup effluent, gas 

11 turbine wash water, motor gasoline 

12 and compensating effluent, refrigera13 tion and air condensate effluent, sea14 water pumping biofouling prevention 

15 substances, boat engine wet exhaust, 

16 sonar dome effluent, exhaust gas 

17 scrubber washwater, or stern tube 

18 packing 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 

25 application to the hull of a vessel; 


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1 (II) weather deck runoff, deck 

2 wash, aqueous film forming foam ef3 fluent, chain locker effluent, non-oily 

4 machinery wastewater, underwater 

5 ship husbandry effluent, welldeck ef6 fluent, or fish hold and fish hold 

7 cleaning effluent; or 

8 (III) any effluent from a properly 

9 functioning marine engine; or 

10 (ii) a discharge of a pollutant into 

11 navigable waters in connection with the 

12 testing, maintenance, or repair of a sys13 tem, equipment, or engine described in 

14 subclause (I)(bb) or (III) of clause (i) 

15 whenever the vessel is waterborne. 

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

17 incidental to the normal operation of a vessel’’ 

18 does not include— 

19 (i) a discharge into navigable waters 

20 from a vessel of— 

21 (I) rubbish, trash, garbage, incin22 erator ash, or other such material dis23 charged overboard; 

24 (II) oil or a hazardous substance 

25 as those terms are defined in section 


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1 311 of the Federal Water Pollution 

2 Control Act (33 U.S.C. 1321); 

3 (III) sewage as defined in section 

4 312(a)(6) of the Federal Water Pollu5 tion Control Act (33 U.S.C. 

6 1322(a)(6)); or 

7 (IV) graywater referred to in sec8 tion 312(a)(6) of the Federal Water 

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

10 1322(a)(6)); 

11 (ii) an emission of an air pollutant re12 sulting from the operation onboard a vessel 

13 of a vessel propulsion system, motor driven 

14 equipment, or incinerator; or 

15 (iii) a discharge into navigable waters 

16 from a vessel when the vessel is operating 

17 in a capacity other than as a means of 

18 transportation on water. 

19 (8) GEOGRAPHICALLY LIMITED AREA.—The 

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

21 (A) with a physical limitation, including 

22 limitation by physical size and limitation by au23 thorized route, that prevents a vessel from oper24 ating outside the area, as determined by the 

25 Secretary; or 


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1 (B) that is ecologically homogeneous, as 

2 determined by the Secretary, in consultation 

3 with the heads of other Federal departments or 

4 agencies as the Secretary considers appropriate. 

5 (9) MANUFACTURER.—The term ‘‘manufac6 turer’’ means a person engaged in the manufacture, 

7 assemblage, or importation of ballast water treat8 ment technology. 

9 (10) SECRETARY.—The term ‘‘Secretary’’ 

10 means the Secretary of the Department in which the 

11 Coast Guard is operating. 

12 (11) VESSEL.—The term ‘‘vessel’’ means every 

13 description of watercraft or other artificial contriv14 ance used, or practically or otherwise capable of 

15 being used, as a means of transportation on water. 

16 SEC. 4. REGULATION AND ENFORCEMENT. 

17 (a) IN GENERAL.—The Secretary, in consultation 

18 with the Administrator, shall establish and implement en19 forceable uniform national standards for the regulation of 

20 discharges incidental to the normal operation of a vessel. 

21 The standards shall— 

22 (1) be based upon the best available technology 

23 economically achievable; and 

24 (2) supersede any permitting requirement or 

25 prohibition on discharges incidental to the normal 


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1 operation of a vessel under any other provision of 

2 law. 

3 (b) ADMINISTRATION AND ENFORCEMENT.—The 

4 Secretary shall enforce the standards and requirements 

5 under this Act. Each State may enforce the standards and 

6 requirements under this Act. 

7 SEC. 5. UNIFORM VESSEL INCIDENTAL DISCHARGE STAND8 ARDS. 

9 (a) INITIAL VESSEL INCIDENTAL DISCHARGE

10 STANDARDS.— 

11 (1) INITIAL BALLAST WATER PERFORMANCE

12 STANDARD.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of enactment of this Act, 

15 the Secretary, in consultation with the Adminis16 trator, shall issue a final rule for the regulation 

17 of ballast water discharges incidental to the 

18 normal operation of a vessel. 

19 (B) PROPOSED RULE.—For the purposes 

20 of chapter 5 of title 5, United States Code, the 

21 notice of proposed rulemaking published by the 

22 Coast Guard pursuant to the requirements of 

23 chapter 5 of title 5, United States Code, on Au24 gust 28, 2009 (74 Fed. Reg. 44632; relating to 

25 standards for living organisms in ships’ ballast 


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1 water discharged in U.S. waters), shall serve as 

2 a proposed rule for the purpose of issuing the 

3 final rule under subparagraph (A). 

4 (C) ADOPTION OF MORE STRINGENT

5 STATE STANDARD.—If the Secretary makes a 

6 determination in favor of a State petition under 

7 section 10, the Secretary shall adopt the more 

8 stringent ballast water performance standard 

9 specified in the statute or regulation which is 

10 the subject of that State petition in the final 

11 rule issued under this paragraph. 

12 (2) INITIAL STANDARD FOR DISCHARGES

13 OTHER THAN BALLAST WATER.—Not later than 2 

14 years after the date of enactment of this Act, the 

15 Secretary, in consultation with the Administrator, 

16 shall issue a final rule establishing best management 

17 practices for discharges incidental to the normal op18 eration of a vessel other than ballast water. 

19 (b) REVISED BALLAST WATER PERFORMANCE

20 STANDARD; 8-YEAR REVIEW.— 

21 (1) IN GENERAL.—Subject to the feasibility re22 view under paragraph 2, not later than January 1, 

23 2020, the Secretary, in consultation with the Admin24 istrator, shall issue a final rule revising the ballast 

25 water performance standard under subsection (a)(1) 


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1 so that a ballast water discharge incidental to the 

2 normal operation of a vessel will contain— 

3 (A) less than 1 living organism per 10 

4 cubic meters that is 50 or more micrometers in 

5 minimum dimension; 

6 (B) less than 1 living organism per 10 mil7 liliters that is less than 50 micrometers in min8 imum dimension and more than 10 micrometers 

9 in minimum dimension; 

10 (C) concentrations of indicator microbes 

11 that are less than— 

12 (i) 1 colony-forming unit of 

13 toxicogenic Vibrio cholera (serotypes O1 

14 and O139) per 100 milliliters or less than 

15 1 colony-forming unit of that microbe per 

16 gram of wet weight of zoological samples; 

17 (ii) 126 colony-forming units of esch18 erichia coli per 100 milliliters; and 

19 (iii) 33 colony-forming units of intes20 tinal enterococci per 100 milliliters; and 

21 (D) concentrations of such additional indi22 cator microbes and of viruses as may be speci23 fied in regulations issued by the Secretary in 

24 consultation with the Administrator and such 


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1 other Federal agencies as the Secretary and the 

2 Administrator deem appropriate. 

3 (2) FEASIBILITY REVIEW.— 

4 (A) IN GENERAL.—Not less than 2 years 

5 before January 1, 2020, the Secretary, in con6 sultation with the Administrator, shall complete 

7 a review to determine the feasibility of achiev8 ing the revised ballast water performance stand9 ard under paragraph (1). 

10 (B) CRITERIA FOR REVIEW OF BALLAST

11 WATER STANDARD.—In conducting a review 

12 under subparagraph (A), the Secretary shall 

13 consider whether revising the ballast water per14 formance standard will result in a scientifically 

15 demonstrable and substantial reduction in the 

16 risk of introduction or establishment of aquatic 

17 nuisance species, taking into account— 

18 (i) improvements in the scientific un19 derstanding of biological and ecological 

20 processes that lead to the introduction or 

21 establishment of aquatic nuisance species; 

22 (ii) improvements in ballast water 

23 treatment technology, including— 


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1 (I) the capability of such treat2 ment technology to achieve a revised 

3 ballast water performance standard; 

4 (II) the effectiveness and reli5 ability of such treatment technology in 

6 the shipboard environment; 

7 (III) the compatibility of such 

8 treatment technology with the design 

9 and operation of a vessel by class, 

10 type, and size; 

11 (IV) the commercial availability 

12 of such treatment technology; and 

13 (V) the safety of such treatment 

14 technology; 

15 (iii) improvements in the capabilities 

16 to detect, quantify, and assess the viability 

17 of aquatic nuisance species at the con18 centrations under consideration; 

19 (iv) the impact of ballast water treat20 ment technology on water quality; and 

21 (v) the costs, cost-effectiveness, and 

22 impacts of— 

23 (I) a revised ballast water per24 formance standard, including the po25 tential impacts on shipping, trade, 


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1 and other uses of the aquatic environ2 ment; and 

3 (II) maintaining the existing bal4 last water performance standard, in5 cluding the potential impacts on 

6 water-related infrastructure, recre7 ation, propagation of native fish, 

8 shellfish, and wildlife, and other uses 

9 of navigable waters. 

10 (C) LOWER PERFORMANCE STANDARD.— 

11 (i) IN GENERAL.—If the Secretary, in 

12 consultation with the Administrator, deter13 mines on the basis of the feasibility review 

14 and after an opportunity for a public hear15 ing that no ballast water treatment tech16 nology can be certified under section 6 to 

17 comply with the revised ballast water per18 formance standard under paragraph (1), 

19 the Secretary shall require the use of the 

20 treatment technology that achieves the per21 formance levels of the best treatment tech22 nology available. 

23 (ii) IMPLEMENTATION DEADLINE.—If 

24 the Secretary, in consultation with the Ad25 ministrator, determines that the treatment 


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1 technology under clause (i) cannot be im2 plemented before the implementation dead3 line under paragraph (3) with respect to a 

4 class of vessels, the Secretary shall extend 

5 the implementation deadline for that class 

6 of vessels for not more than 24 months. 

7 (iii) COMPLIANCE.—If the implemen8 tation deadline under paragraph (3) is ex9 tended, the Secretary shall recommend ac10 tion to ensure compliance with the ex11 tended implementation deadline under 

12 clause (ii). 

13 (D) HIGHER PERFORMANCE STANDARD.— 

14 (i) IN GENERAL.—If the Secretary, in 

15 consultation with the Administrator, deter16 mines that ballast water treatment tech17 nology exists that exceeds the revised bal18 last water performance standard under 

19 paragraph (1) with respect to a class of 

20 vessels, the Secretary shall revise the bal21 last water performance standard for that 

22 class of vessels to incorporate the higher 

23 performance standard. 

24 (ii) IMPLEMENTATION DEADLINE.—If 

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1 ministrator, determines that the treatment 

2 technology under clause (i) can be imple3 mented before the implementation deadline 

4 under paragraph (3) with respect to a 

5 class of vessels, the Secretary shall accel6 erate the implementation deadline for that 

7 class of vessels. If the implementation 

8 deadline under paragraph (3) is acceler9 ated, the Secretary shall provide not less 

10 than 24 months notice before the acceler11 ated deadline takes effect. 

12 (iii) DETERMINATIONS NOT MUTU13 ALLY EXCLUSIVE.—The Secretary shall 

14 take action under both clauses (i) and (ii) 

15 if the Secretary, in consultation with the 

16 Administrator, makes determinations 

17 under both clauses (i) and (ii). 

18 (3) IMPLEMENTATION.—The revised ballast 

19 water performance standard under paragraph (1) 

20 shall apply to a vessel beginning on the date of the 

21 first drydocking of the vessel on or after January 1, 

22 2020, but not later than December 31, 2022. 

23 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL

24 DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 


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1 (1) REVISED BALLAST WATER PERFORMANCE

2 STANDARDS.—Not later than 10 years after the 

3 issuance of a final rule under subsection (b) and 

4 every 10 years thereafter, the Secretary, in consulta5 tion with the Administrator shall complete a review 

6 to determine whether further revision of the ballast 

7 water performance standard would result in a sci8 entifically demonstrable and substantial reduction in 

9 the risk of the introduction or establishment of 

10 aquatic nuisance species. 

11 (2) REVISED STANDARDS FOR DISCHARGES

12 OTHER THAN BALLAST WATER.—The Secretary, in 

13 consultation with the Administrator, may include in 

14 the decennial review under this subsection national 

15 standards for discharges covered by subsection 

16 (a)(2). The Secretary shall initiate a rulemaking to 

17 revise one or more national standards for such dis18 charges after a decennial review if the Secretary, in 

19 consultation with the Administrator, determines that 

20 revising one or more of such standards would sub21 stantially reduce the impacts on navigable waters of 

22 discharges incidental to the normal operation of a 

23 vessel other than ballast water. 

24 (3) CONSIDERATIONS.—In conducting a review 

25 under paragraph (1), the Secretary, the AdminisVerDate Mar 15 2010 04:20 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 trator, and the heads of other appropriate Federal 

2 agencies as determined by the Secretary, shall con3 sider the criteria under section 5(b)(2)(B). 

4 (4) REVISION AFTER DECENNIAL REVIEW.— 

5 The Secretary shall initiate a rulemaking to revise 

6 the current ballast water performance standard after 

7 a decennial review if the Secretary, in consultation 

8 with the Administrator, determines that revising the 

9 current ballast water performance standard would 

10 result in a scientifically demonstrable and substan11 tial reduction in the risk of the introduction or es12 tablishment of aquatic nuisance species. 

13 SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION. 

14 (a) CERTIFICATION REQUIRED.—Beginning 60 days 

15 after the date that the requirements for testing protocols 

16 are issued under subsection (i), no manufacturer of a bal17 last water treatment technology shall sell, offer for sale, 

18 or introduce or deliver for introduction into interstate 

19 commerce, or import into the United States for sale or 

20 resale, a ballast water treatment technology for a vessel 

21 unless the treatment technology has been certified under 

22 this section. 

23 (b) CERTIFICATION PROCESS.— 


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1 (1) EVALUATION.—Upon application of a man2 ufacturer, the Secretary shall evaluate a ballast 

3 water treatment technology with respect to— 

4 (A) the effectiveness of the treatment tech5 nology in achieving the current ballast water 

6 performance standard when installed on a ves7 sel (or a class, type, or size of vessel); 

8 (B) the compatibility with vessel design 

9 and operations; 

10 (C) the effect of the treatment technology 

11 on vessel safety; 

12 (D) the impact on the environment; 

13 (E) the cost effectiveness; and 

14 (F) any other criteria the Secretary con15 siders appropriate. 

16 (2) APPROVAL.—If after an evaluation under 

17 paragraph (1) the Secretary determines that the 

18 treatment technology meets the criteria, the Sec19 retary may certify the treatment technology for use 

20 on a vessel (or a class, type, or size of vessel). 

21 (3) SUSPENSION AND REVOCATION.—The Sec22 retary shall establish, by regulation, a process to 

23 suspend or revoke a certification issued under this 

24 section. 

25 (c) CERTIFICATION CONDITIONS.— 


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1 (1) IMPOSITION OF CONDITIONS.—In certifying 

2 a ballast water treatment technology under this sec3 tion, the Secretary, in consultation with the Admin4 istrator, may impose any condition on the subse5 quent installation, use, or maintenance of the treat6 ment technology onboard a vessel as is necessary 

7 for— 

8 (A) the safety of the vessel, the crew of the 

9 vessel, and any passengers aboard the vessel; 

10 (B) the protection of the environment; or 

11 (C) the effective operation of the treatment 

12 technology. 

13 (2) FAILURE TO COMPLY.—The failure of an 

14 owner or operator to comply with a condition im15 posed under paragraph (1) shall be considered a vio16 lation of this section. 

17 (d) PERIOD FOR USE OF INSTALLED TREATMENT

18 EQUIPMENT.—Notwithstanding anything to the contrary 

19 in this Act or any other provision of law, the Secretary 

20 shall allow a vessel on which a system is installed and op21 erated to meet a ballast water performance standard 

22 under this Act to continue to use that system, notwith23 standing any revision of a ballast water performance 

24 standard occurring after the system is ordered or installed 


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1 until the expiration of the service life of the system, as 

2 determined by the Secretary, so long as the system— 

3 (1) is maintained in proper working condition; 

4 and 

5 (2) is maintained and used in accordance with 

6 the manufacturer’s specifications and any treatment 

7 technology certification conditions imposed by the 

8 Secretary under this section. 

9 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

10 TREATMENT TECHNOLOGY.— 

11 (1) ISSUANCE.—If the Secretary approves a 

12 ballast water treatment technology for certification 

13 under subsection (b), the Secretary shall issue a cer14 tificate of type approval for the treatment technology 

15 to the manufacturer in such form and manner as the 

16 Secretary determines appropriate. 

17 (2) CERTIFICATION CONDITIONS.—A certificate 

18 of type approval issued under paragraph (1) shall 

19 specify each condition imposed by the Secretary 

20 under subsection (c). 

21 (3) OWNERS AND OPERATORS.—A manufac22 turer that receives a certificate of type approval for 

23 the treatment technology under this subsection shall 

24 provide a copy of the certificate to each owner and 


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1 operator of a vessel on which the treatment tech2 nology is installed. 

3 (f) INSPECTIONS.—An owner or operator who re4 ceives a copy of a certificate under subsection (e)(3) shall 

5 retain a copy of the certificate onboard the vessel and 

6 make the copy of the certificate available for inspection 

7 at all times while the owner or operator is utilizing the 

8 treatment technology. 

9 (g) BIOCIDES.—The Secretary may not approve a 

10 ballast water treatment technology under subsection (b) 

11 if— 

12 (1) it uses a biocide or generates a biocide that 

13 is a pesticide, as defined in section 2 of the Federal 

14 Insecticide, Fungicide, and Rodenticide Act (7 

15 U.S.C. 136), unless the biocide is registered under 

16 that Act or the Secretary, in consultation with Ad17 ministrator, has approved the use of the biocide in 

18 such treatment technology; or 

19 (2) it uses or generates a biocide the discharge 

20 of which causes or contributes to a violation of a 

21 water quality standard under section 303 of the 

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

23 1313). 

24 (h) PROHIBITION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the use of a ballast water treatment tech3 nology by an owner or operator of a vessel shall not 

4 satisfy the requirements of this Act unless it has 

5 been approved by the Secretary under subsection 

6 (b). 

7 (2) EXCEPTIONS.— 

8 (A) COAST GUARD SHIPBOARD TECH9 NOLOGY EVALUATION PROGRAM.—An owner or 

10 operator may use a ballast water treatment 

11 technology that has not been certified by the 

12 Secretary to comply with the requirements of 

13 this section if the technology is being evaluated 

14 under the Coast Guard Shipboard Technology 

15 Evaluation Program. 

16 (B) BALLAST WATER TREATMENT TECH17 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

18 An owner or operator may use a ballast water 

19 treatment technology that has not been certified 

20 by the Secretary to comply with the require21 ments of this section if the technology has been 

22 certified by a foreign entity and the certification 

23 demonstrates performance and safety of the 

24 treatment technology equivalent to the requireVerDate Mar 15 2010 04:20 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 ments of this section, as determined by the Sec2 retary. 

3 (i) TESTING PROTOCOLS.—Not later than 180 days 

4 after the date of enactment of this Act, the Administrator, 

5 in consultation with the Secretary, shall issue require6 ments for land-based and shipboard testing protocols or 

7 criteria for— 

8 (1) certifying the performance of each ballast 

9 water treatment technology under this section; and 

10 (2) certifying laboratories to evaluate such 

11 treatment technologies. 

12 SEC. 7. EXEMPTIONS. 

13 (a) IN GENERAL.—No permit shall be required or 

14 prohibition enforced under any other provision of law for, 

15 nor shall any vessel incidental discharge standards under 

16 this Act apply to— 

17 (1) a discharge incidental to the normal oper18 ation of a vessel if the vessel is less than 79 feet in 

19 length and engaged in commercial service (as de20 fined in section 2101(5) of title 46, United States 

21 Code); 

22 (2) a discharge incidental to the normal oper23 ation of a vessel if the vessel is a fishing vessel, in24 cluding a fish processing vessel and a fish tender 


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1 vessel, (as defined in section 2101 of title 46, United 

2 States Code); 

3 (3) a discharge incidental to the normal oper4 ation of a vessel if the vessel is a recreational vessel 

5 (as defined in section 2101(25) of title 46, United 

6 States Code); 

7 (4) the placement, release, or discharge of 

8 equipment, devices, or other material from a vessel 

9 for the sole purpose of conducting research on the 

10 aquatic environment or its natural resources in ac11 cordance with generally recognized scientific meth12 ods, principles, or techniques; 

13 (5) any discharge into navigable waters from a 

14 vessel authorized by an on-scene coordinator in ac15 cordance with part 300 of title 40, Code of Federal 

16 Regulations, or part 153 of title 33, Code of Federal 

17 Regulations; 

18 (6) any discharge into navigable waters from a 

19 vessel that is necessary to secure the safety of the 

20 vessel or human life, or to suppress a fire onboard 

21 the vessel or at a shoreside facility; or 

22 (7) a vessel of the armed forces of a foreign na23 tion when engaged in noncommercial service. 

24 (b) BALLAST WATER DISCHARGES.—No permit shall 

25 be required or prohibition enforced under any other proviVerDate Mar 15 2010 04:20 Jun 26, 2012 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3332.IS S3332

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1 sion of law for, nor shall any ballast water performance 

2 standards under this Act apply to— 

3 (1) a ballast water discharge incidental to the 

4 normal operation of a vessel determined by the Sec5 retary to— 

6 (A) operate exclusively within a geographi7 cally limited area; 

8 (B) take up and discharge ballast water 

9 exclusively within 1 Captain of the Port Zone 

10 established by the Coast Guard unless the Sec11 retary determines such discharge poses a sub12 stantial risk of introduction or establishment of 

13 an aquatic nuisance species; 

14 (C) operate pursuant to a geographic re15 striction issued as a condition under section 

16 3309 of title 46, United States Code, or an 

17 equivalent restriction issued by the country of 

18 registration of the vessel; or 

19 (D) continuously take on and discharge 

20 ballast water in a flow-through system that 

21 does not introduce aquatic nuisance species into 

22 navigable waters; 

23 (2) a ballast water discharge incidental to the 

24 normal operation of a vessel consisting entirely of 

25 water suitable for human consumption; or 


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1 (3) a ballast water discharge incidental to the 

2 normal operation of a vessel in an alternative com3 pliance program established pursuant to section (8). 

4 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

5 No permit shall be required or prohibition enforced under 

6 any other provision of law for, nor shall any ballast water 

7 performance standard under this Act apply to a vessel that 

8 carries all of its permanent ballast water in sealed tanks 

9 that are not subject to discharge. 

10 (d) VESSELS OF THE ARMED FORCES.—Nothing in 

11 this Act shall be interpreted to apply to a vessel of the 

12 Armed Forces, as defined in section 101(a) of title 10, 

13 United States Code. 

14 SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM. 

15 (a) IN GENERAL.—The Secretary, in consultation 

16 with the Administrator, may promulgate regulations es17 tablishing one or more compliance programs as an alter18 native to ballast water discharge regulations issued under 

19 section 5 for a vessel that— 

20 (1) has a maximum ballast water capacity of 

21 less than 8 cubic meters; 

22 (2) is less than 3 years from the end of the use23 ful life of the vessel, as determined by the Secretary; 

24 or 


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1 (3) discharges ballast water into a facility for 

2 the reception of ballast water that meets standards 

3 promulgated by the Administrator, in consultation 

4 with the Secretary. 

5 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

6 later than 1 year after the date of enactment of this Act, 

7 the Administrator, in consultation with the Secretary, 

8 shall promulgate standards for— 

9 (1) the reception of ballast water from a vessel 

10 into a reception facility; and 

11 (2) the disposal or treatment of the ballast 

12 water under paragraph (1). 

13 SEC. 9. JUDICIAL REVIEW. 

14 (a) IN GENERAL.—An interested person may file a 

15 petition for review of a final regulation promulgated under 

16 this Act in the United States Court of Appeals for the 

17 District of Columbia Circuit. 

18 (b) DEADLINE.—A petition shall be filed not later 

19 than 120 days after the date that notice of the promulga20 tion appears in the Federal Register. 

21 (c) EXCEPTION.—Notwithstanding subsection (b), a 

22 petition that is based solely on grounds that arise after 

23 the deadline to file a petition under subsection (b) has 

24 passed may be filed not later than 120 days after the date 

25 that the grounds first arise. 


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1 SEC. 10. EFFECT ON STATE AUTHORITY. 

2 (a) IN GENERAL.—No State or political subdivision 

3 thereof may adopt or enforce any statute or regulation of 

4 the State or political subdivision with respect to a dis5 charge incidental to the normal operation of a vessel after 

6 the date of enactment of this Act. 

7 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

8 (a), a State or political subdivision thereof may enforce 

9 a statute or regulation of the State or political subdivision 

10 with respect to ballast water discharges incidental to the 

11 normal operation of a vessel that specifies a ballast water 

12 performance standard that is more stringent than the bal13 last water performance standard specified in the notice of 

14 proposed rulemaking referred to in section 5(a)(1)(B) and 

15 is in effect on the date of enactment of this Act if the 

16 Secretary, after consultation with the Administrator and 

17 any other Federal department or agency the Secretary 

18 considers appropriate, makes a determination that— 

19 (1) compliance with any performance standard 

20 specified in the statute or regulation can in fact be 

21 achieved and detected; 

22 (2) the technology and systems necessary to 

23 comply with the statute or regulation are commer24 cially available; and 


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1 (3) the statute or regulation is consistent with 

2 obligations under relevant international treaties or 

3 agreements to which the United States is a party. 

4 (c) PETITION PROCESS.— 

5 (1) SUBMISSION.—The Governor of a State 

6 seeking to enforce a statute or regulation under sub7 section (b) shall submit a petition requesting the 

8 Secretary to review the statute or regulation. 

9 (2) CONTENTS; DEADLINE.—A petition shall— 

10 (A) be accompanied by the scientific and 

11 technical information on which the petition is 

12 based; and 

13 (B) be submitted to the Secretary not later 

14 than 90 days after the date of enactment of 

15 this Act. 

16 (3) DETERMINATIONS.—The Secretary shall 

17 make a determination on a petition under this sub18 section not later than 90 days after the date that 

19 the petition is received. 

20 SEC. 11. APPLICATION WITH OTHER STATUTES. 

21 Notwithstanding any other provision of law, this Act 

22 shall be the exclusive statutory authority for regulation by 

23 the Federal Government of discharges incidental to the 

24 normal operation of a vessel to which this Act applies. Any 

25 regulation in effect on the date immediately preceding the 


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1 effective date of this Act which is repealed or superseded 

2 by this Act shall be deemed to be a regulation issued pur3 suant to the authority of this Act and shall remain in full 

4 force and effect unless or until superseded by new regula5 tions issued thereunder. 

Æ 


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