I 

110TH CONGRESS 

2D SESSION H. R. 5594 

To require the Commandant of the Coast Guard to conduct an evaluation 

and review of certain vessel discharges. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2008 

Mr. YOUNG of Alaska (for himself and Mr. LOBIONDO) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To require the Commandant of the Coast Guard to conduct 

an evaluation and review of certain vessel discharges. 

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. 

4 This Act may be cited as the ‘‘Vessel Discharge Eval5 uation and Review Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Starting with passage of the Act to Prevent 

9 Pollution from Ships in 1980, the United States 

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1 ity charged with administering, enforcing, and pre2 scribing regulations relating to the discharge of pol3 lutants from vessels engaged in maritime commerce 

4 and transportation. 

5 (2) There are more than 16 million State-reg6 istered boats, 110,000 commercial fishing vessels, 

7 and 53,000 freight and tank barges operating in 

8 United States waters. Since 1973 certain discharges 

9 incidental to the normal operation of these vessels 

10 have been exempted from regulation. 

11 (3) When required, Congress has specifically 

12 mandated Federal programs for control of dis13 charges from vessels, including— 

14 (A) the Act to Prevent Pollution from 

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

16 (B) the Nonindigenous Aquatic Nuisance 

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

18 4701 et seq.); 

19 (C) the National Invasive Species Act of 

20 1996 (16 U.S.C. 4701 note); and 

21 (D) section 1401 of the 2000 Omnibus 

22 Consolidated and Emergency Supplemental Ap23 propriations for Fiscal Year 2001, which pre24 vented discharge of treated sewage and 

25 graywater in certain areas of Alaska. 


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1 SEC. 3. EVALUATION AND REVIEW OF CERTAIN DIS2 CHARGES. 

3 (a) IN GENERAL.—The Commandant of the Coast 

4 Guard, in consultation with the heads of appropriate Fed5 eral agencies, as determined by the Commandant, shall 

6 conduct an evaluation and review of vessel discharges, 

7 other than ballast water, that are described in section 

8 122.3(a) of title 40, Code of Federal Regulations, as in 

9 effect on the date of enactment of this Act. The evaluation 

10 shall include— 

11 (1) a characterization of the various types and 

12 composition of such discharges by different classes 

13 of vessels; 

14 (2) the volumes of such discharges for rep15 resentative individual vessels and by classes of ves16 sels in the aggregate; 

17 (3) an analysis of current technologies or best 

18 management practices, and their associated costs, 

19 used to control such discharges; 

20 (4) an analysis of the extent to which such dis21 charges are currently subject to regulation under ex22 isting Federal laws or binding international obliga23 tions of the United States; 

24 (5) the locations of such discharges; 


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1 (6) analyses and conclusions as to the nature 

2 and extent of potential effects of such discharges on 

3 human health, welfare, and the environment; 

4 (7) an analysis of practicable measures, includ5 ing best management practices, to control such dis6 charges; and 

7 (8) recommendations as to steps, including reg8 ulatory changes, together with a schedule for imple9 mentation, that are appropriate to address such dis10 charges. 

11 (b) PUBLIC COMMENT.—The Commandant shall— 

12 (1) publish a draft report containing findings, 

13 conclusions, and recommendations from the evalua14 tion and review required by subsection (a) in the 

15 Federal Register; 

16 (2) accept public comments regarding such re17 port for a period of not less than 120 days after the 

18 date the report is published in the Federal Register; 

19 and 

20 (3) consider any such public comments in the 

21 preparation of a final report under subsection (c). 

22 (c) FINAL REPORT.—Not later than 2 years after the 

23 date of the enactment of this Act, the Commandant shall 

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1 resentatives Committee on Transportation and Infrastruc2 ture a final report containing findings, conclusions, and 

3 recommendations from the evaluation and review required 

4 by subsection (a). 

5 SEC. 4. DISCHARGES INCIDENTAL TO NORMAL OPERATION 

6 OF VESSELS. 

7 (a) STATEMENT OF PURPOSE.—The purposes of this 

8 section are— 

9 (1) to provide for the establishment of nation10 ally uniform, environmentally sound, standards for 

11 discharges incidental to the normal operation of ves12 sels; and 

13 (2) to establish procedures for designation of no 

14 discharge zones as necessary to protect waters with15 in the jurisdiction of a State from the effects of dis16 charges incidental to the normal operation of vessels. 

17 (b) EVALUATION AND REVIEW OF CERTAIN DIS18 CHARGES.—Subtitle B of the Nonindigenous Aquatic Nui19 sance Prevention and Control Act of 1990 (16 U.S.C. 

20 4711 et seq.) is amended by adding at the end thereof 

21 the following: 

22 ‘‘SEC. 1105. REGULATION OF CERTAIN DISCHARGES. 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of law, any requirement to obtain a permit for a 

25 discharge incidental to the normal operation of a vessel 


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1 is suspended beginning on the date of enactment of the 

2 Vessel Discharge Evaluation and Review Act. The Com3 mandant of the Coast Guard, in consultation with the 

4 heads of other appropriate Federal agencies, as deter5 mined by the Commandant, and based on the findings of 

6 the final report submitted under section 3(c) of the Vessel 

7 Discharge Evaluation and Review Act, shall promulgate 

8 a final rule to establish an appropriate program for estab9 lishing enforceable uniform national discharge standards, 

10 in lieu of any permit requirement established pursuant to 

11 any other provision of law, that are modeled in whole or 

12 in part on the regulatory program for vessels of the Armed 

13 Forces and based upon the best available technology. Any 

14 such national uniform discharge standards or prohibitions 

15 shall be enforced by the Secretary and may be enforced 

16 by a State. 

17 ‘‘(b) JUDICIAL REVIEW.— 

18 ‘‘(1) An interested person may file a petition 

19 for review of a final regulation promulgated under 

20 this section in the United States Court of Appeals 

21 for the District of Columbia Circuit. Any such peti22 tion shall be filed within 120 days after the date no23 tice of such promulgation appears in the Federal 

24 Register, except that if such petition is based solely 

25 on grounds arising after such 120th day, then any 


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1 petition for review under this subsection shall be 

2 filed within 120 days after such grounds arise. 

3 ‘‘(2) Any regulation for which review could have 

4 been obtained under paragraph (1) of this sub5 section is not subject to judicial review in any civil 

6 or criminal proceeding for enforcement. 

7 ‘‘(c) EFFECT ON STATE AUTHORITY.— 

8 ‘‘(1) Notwithstanding any other provision of 

9 law, except as provided in this subsection, no State 

10 or political subdivision thereof may adopt or enforce 

11 any statute or regulation of the State or political 

12 subdivision with respect to a discharge incidental to 

13 the normal operation of a vessel subject to evalua14 tion under section 3 of the Vessel Discharge Evalua15 tion and Review Act after the promulgation of a 

16 final rule under that subsection. 

17 ‘‘(2) If a State determines that the protection 

18 and enhancement of the quality of some or all of the 

19 waters within the State require greater environ20 mental protection, the State may prohibit one or 

21 more such discharges incidental to the normal oper22 ation of a vessel. No such prohibition shall apply 

23 until the Commandant, in consultation with the 

24 heads of appropriate Federal agencies, as deter25 mined by the Commandant, determines that— 


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1 ‘‘(A) adequate facilities for the safe and 

2 sanitary removal of the relevant discharges are 

3 reasonably available for the waters to which the 

4 prohibition would apply; and 

5 ‘‘(B) such prohibition does not create an 

6 undue burden on commerce. 

7 ‘‘(3) The Governor of any State may submit a 

8 petition requesting that the Commandant review the 

9 regulations promulgated under subsection (a) if 

10 there is significant new information, not available 

11 previously, that could reasonably result in a change 

12 to the regulation. The petition shall be accompanied 

13 by the scientific and technical information on which 

14 the petition is based. 

15 ‘‘(d) CERTAIN DISCHARGES UNAFFECTED.—Nothing 

16 in this section shall be interpreted to apply to— 

17 ‘‘(1) a vessel of the Armed Forces; 

18 ‘‘(2) a discharge of vessel sewage; or 

19 ‘‘(3) any discharge not subject to the permit ex20 clusion contained in section 122.3(a) of title 40, 

21 Code of Federal Regulations, as in effect on the date 

22 of enactment of the Vessel Discharge Evaluation 

23 and Review Act. 

24 ‘‘(e) EXCLUSIONS.—No permit shall be required 

25 under any other provision of law for, nor shall any uniform 


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1 national discharge standard promulgated under subsection 

2 (a) or prohibitions established under subsection (c)(2) 

3 apply to— 

4 ‘‘(1) a discharge incidental to the normal oper5 ation of a vessel that is— 

6 ‘‘(A) less than 79 feet in length and en7 gaged in commercial service (as defined in sec8 tion 2101 of title 46, United States Code); 

9 ‘‘(B) a fishing vessel (as defined in section 

10 2101 of title 46, United States Code) less than 

11 125 feet in length; 

12 ‘‘(C) a fish tender vessel (as defined in sec13 tion 2101 of title 46, United States Code) less 

14 than 125 feet in length; or 

15 ‘‘(D) a recreational vessel (as defined in 

16 section 2101 of title 46, United States Code); 

17 or 

18 ‘‘(2) a discharge of ballast water, of sediment, 

19 or from other vessel-related vectors subject to sec20 tion 1101; 

21 ‘‘(3) the placement, release, or discharge of 

22 equipment, devices, or other material from a vessel 

23 for the sole purpose of conducting research on the 

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1 cordance with generally recognized scientific meth2 ods, principles, or techniques; 

3 ‘‘(4) any discharge from a vessel authorized by 

4 an On-Scene Coordinator in accordance with part 

5 300 of title 40, Code of Federal Regulations, or sec6 tion 153.10(e) of title 33, Code of Federal Regula7 tions; 

8 ‘‘(5) discharges from a vessel that are necessary 

9 to secure the safety of the vessel or human life or 

10 to suppress fires onboard or at shoreside facilities; 

11 or 

12 ‘‘(6) a vessel of the armed forces of a foreign 

13 nation. 

14 ‘‘(f) INCIDENTAL DISCHARGE DEFINED.—In this 

15 section, the term ‘discharge incidental to the normal oper16 ation of a vessel’— 

17 ‘‘(1) means a discharge, including— 

18 ‘‘(A) graywater, bilge water, cooling water, 

19 weather deck runoff, oil water separator efflu20 ent, and any other pollutant discharge from the 

21 operation of a marine propulsion system, ship22 board maneuvering system, crew habitability 

23 system, or installed major equipment, such as 

24 an aircraft carrier elevator or a catapult, or 


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1 from a protective, preservative, or absorptive 

2 application to the hull of the vessel; and 

3 ‘‘(B) a discharge in connection with the 

4 testing, maintenance, and repair of a system 

5 described in subparagraph (A) whenever the 

6 vessel is waterborne; and 

7 ‘‘(2) does not include— 

8 ‘‘(A) a discharge of rubbish, trash, gar9 bage, or other such material discharged over10 board; 

11 ‘‘(B) an air emission resulting from the op12 eration of a vessel propulsion system, motor 

13 driven equipment, or incinerator; or 

14 ‘‘(C) a discharge that is not covered by 

15 part 122.3 of title 40, Code of Federal Regula16 tions (as in effect on the date of enactment of 

17 the Vessel Discharge Evaluation and Review 

18 Act). 

19 ‘‘(g) APPLICATION WITH OTHER STATUTES.—Not20 withstanding any other provision of law, this section shall 

21 be the exclusive statutory authority for regulation by the 

22 Federal Government of vessel discharges to which this sec23 tion applies.’’. 

Æ 


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