I 

113TH CONGRESS 

2D SESSION H. R. 5609 

To provide for the establishment of nationally uniform and environmentally 

sound standards governing discharges incidental to the normal operation 

of a vessel. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. HUNTER (for himself, Mr. CUMMINGS, Mr. LOBIONDO, Mr. RICHMOND, 

Mr. JONES, Mr. LUETKEMEYER, Mr. COOPER, Mr. JOLLY, Ms. HERRERA

BEUTLER, Mr. YOUNG of Alaska, and Mr. ENYART) 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 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 ‘‘Vessel Incidental Discharge Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definitions. 

Sec. 3. Regulation and enforcement. 

Sec. 4. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel. 

Sec. 5. Treatment technology certification. 

Sec. 6. Exemptions. 

Sec. 7. Alternative compliance program. 

Sec. 8. Judicial review. 

Sec. 9. Effect on State authority. 

Sec. 10. Application with other statutes. 

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 or commercial, agri11 cultural, aquacultural, or recreational activities de12 pendent on such waters. 

13 (3) BALLAST WATER.— 

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

15 water’’ means any water, including any sedi16 ment suspended in such water, taken aboard a 

17 vessel— 

18 (i) to control trim, list, draught, sta19 bility, or stresses of the vessel; or 


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1 (ii) during the cleaning, maintenance, 

2 or other operation of a ballast water treat3 ment technology of the vessel. 

4 (B) EXCLUSIONS.—The term ‘‘ballast 

5 water’’ does not include any pollutant that is 

6 added to water described in subparagraph (A) 

7 that is not directly related to the operation of 

8 a properly functioning ballast water treatment 

9 technology under this Act. 

10 (4) BALLAST WATER PERFORMANCE STAND11 ARD.—The term ‘‘ballast water performance stand12 ard’’ means the numerical ballast water discharge 

13 standard set forth in section 151.2030 of title 33, 

14 Code of Federal Regulations or section 151.1511 of 

15 title 33, Code of Federal Regulations, as applicable, 

16 or a revised numerical ballast water performance 

17 standard established under subsection (a)(1)(B), (b), 

18 or (c) of section 4 of this Act. 

19 (5) BALLAST WATER TREATMENT TECHNOLOGY

20 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

21 water treatment technology’’ or ‘‘treatment tech22 nology’’ means any mechanical, physical, chemical, 

23 or biological process used, alone or in combination, 

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


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1 discharge of aquatic nuisance species within ballast 

2 water. 

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

4 substance or organism, including a virus or fungus, 

5 that is introduced into or produced by a ballast 

6 water treatment technology to reduce or eliminate 

7 aquatic nuisance species as part of the process used 

8 to comply with a ballast water performance standard 

9 under this Act. 

10 (7) DISCHARGE INCIDENTAL TO THE NORMAL

11 OPERATION OF A VESSEL.— 

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

13 incidental to the normal operation of a vessel’’ 

14 means— 

15 (i) a discharge into navigable waters 

16 from a vessel of— 

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

18 bilge water, cooling water, oil water 

19 separator effluent, anti-fouling hull 

20 coating leachate, boiler or economizer 

21 blowdown, byproducts from cathodic 

22 protection, controllable pitch propeller 

23 and thruster hydraulic fluid, distilla24 tion and reverse osmosis brine, eleva25 tor pit effluent, firemain system effluVerDate Sep 11 2014 02:18 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5609.IH H5609

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1 ent, freshwater layup effluent, gas 

2 turbine wash water, motor gasoline 

3 and compensating effluent, refrigera4 tion and air condensate effluent, sea5 water pumping biofouling prevention 

6 substances, boat engine wet exhaust, 

7 sonar dome effluent, exhaust gas 

8 scrubber washwater, or stern tube 

9 packing gland effluent; or 

10 (bb) any other pollutant associ11 ated with the operation of a marine 

12 propulsion system, shipboard maneu13 vering system, habitability system, or 

14 installed major equipment, or from a 

15 protective, preservative, or absorptive 

16 application to the hull of a vessel; 

17 (II) weather deck runoff, deck 

18 wash, aqueous film forming foam ef19 fluent, chain locker effluent, non-oily 

20 machinery wastewater, underwater 

21 ship husbandry effluent, welldeck ef22 fluent, or fish hold and fish hold 

23 cleaning effluent; or 

24 (III) any effluent from a properly 

25 functioning marine engine; or 


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1 (ii) a discharge of a pollutant into 

2 navigable waters in connection with the 

3 testing, maintenance, or repair of a sys4 tem, equipment, or engine described in 

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

6 whenever the vessel is waterborne. 

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

8 incidental to the normal operation of a vessel’’ 

9 does not include— 

10 (i) a discharge into navigable waters 

11 from a vessel of— 

12 (I) rubbish, trash, garbage, incin13 erator ash, or other such material dis14 charged overboard; 

15 (II) oil or a hazardous substance 

16 as those terms are defined in section 

17 311 of the Federal Water Pollution 

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

19 (III) sewage as defined in section 

20 312(a)(6) of the Federal Water Pollu21 tion Control Act (33 U.S.C. 

22 1322(a)(6)); or 

23 (IV) graywater referred to in sec24 tion 312(a)(6) of the Federal Water 


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

2 1322(a)(6)); 

3 (ii) an emission of an air pollutant re4 sulting from the operation onboard a vessel 

5 of a vessel propulsion system, motor driven 

6 equipment, or incinerator; or 

7 (iii) a discharge into navigable waters 

8 from a vessel when the vessel is operating 

9 in a capacity other than as a means of 

10 transportation on water. 

11 (8) GEOGRAPHICALLY LIMITED AREA.—The 

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

13 (A) with a physical limitation, including 

14 limitation by physical size and limitation by au15 thorized route, that prevents a vessel from oper16 ating outside the area, as determined by the 

17 Secretary; or 

18 (B) that is ecologically homogeneous, as 

19 determined by the Secretary, in consultation 

20 with the heads of other Federal departments or 

21 agencies as the Secretary considers appropriate. 

22 (9) MANUFACTURER.—The term ‘‘manufac23 turer’’ means a person engaged in the manufacture, 

24 assemblage, or importation of ballast water treat25 ment technology. 


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

2 means the Secretary of the department in which the 

3 Coast Guard is operating. 

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

5 description of watercraft or other artificial contriv6 ance used, or practically or otherwise capable of 

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

8 SEC. 3. REGULATION AND ENFORCEMENT. 

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

10 with the Administrator, shall establish and implement en11 forceable uniform national standards and requirements for 

12 the regulation of discharges incidental to the normal oper13 ation of a vessel. The standards and requirements shall— 

14 (1) be based upon the best available technology 

15 economically achievable; and 

16 (2) supersede any permitting requirement or 

17 prohibition on discharges incidental to the normal 

18 operation of a vessel under any other provision of 

19 law. 

20 (b) ADMINISTRATION AND ENFORCEMENT.—The 

21 Secretary shall administer and enforce the uniform na22 tional standards and requirements under this Act. Each 

23 State may enforce the uniform national standards and re24 quirements under this Act. 


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1 SEC. 4. UNIFORM NATIONAL STANDARDS AND REQUIRE2 MENTS FOR THE REGULATION OF DIS3 CHARGES INCIDENTAL TO THE NORMAL OP4 ERATION OF A VESSEL. 

5 (a) REQUIREMENTS.— 

6 (1) BALLAST WATER MANAGEMENT REQUIRE7 MENTS.— 

8 (A) IN GENERAL.—Notwithstanding any 

9 other provision of law, the requirements set 

10 forth in the final rule, Standards for Living Or11 ganisms in Ships’ Ballast Water Discharged in 

12 U.S. Waters (77 Fed. Reg. 17254 (March 23, 

13 2012), as corrected at 77 Fed. Reg. 33969 

14 (June 8, 2012)), shall be the management re15 quirements for a ballast water discharge inci16 dental to the normal operation of a vessel until 

17 the Secretary revises the ballast water perform18 ance standard under subsection (b) or adopts a 

19 more stringent State standard under subpara20 graph (B) of this paragraph. 

21 (B) ADOPTION OF MORE STRINGENT

22 STATE STANDARD.—If the Secretary makes a 

23 determination in favor of a State petition under 

24 section 9, the Secretary shall adopt the more 

25 stringent ballast water performance standard 

26 specified in the statute or regulation that is the 


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1 subject of that State petition in lieu of the bal2 last water performance standard in the final 

3 rule described under subparagraph (A). 

4 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

5 DISCHARGES OTHER THAN BALLAST WATER.—Not 

6 later than 2 years after the date of enactment of 

7 this Act, the Secretary, in consultation with the Ad8 ministrator, shall issue a final rule establishing best 

9 management practices for discharges incidental to 

10 the normal operation of a vessel other than ballast 

11 water. 

12 (b) REVISED BALLAST WATER PERFORMANCE

13 STANDARD; 8-YEAR REVIEW.— 

14 (1) IN GENERAL.—Subject to the feasibility re15 view under paragraph (2), not later than January 1, 

16 2022, the Secretary, in consultation with the Admin17 istrator, shall issue a final rule revising the ballast 

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

19 so that a ballast water discharge incidental to the 

20 normal operation of a vessel will contain— 

21 (A) less than 1 living organism per 10 

22 cubic meters that is 50 or more micrometers in 

23 minimum dimension; 

24 (B) less than 1 living organism per 10 mil25 liliters that is less than 50 micrometers in minVerDate Sep 11 2014 02:18 Oct 01, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5609.IH H5609

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1 imum dimension and more than 10 micrometers 

2 in minimum dimension; 

3 (C) concentrations of indicator microbes 

4 that are less than— 

5 (i) 1 colony-forming unit of 

6 toxicogenic Vibrio cholera (serotypes O1 

7 and O139) per 100 milliliters or less than 

8 1 colony-forming unit of that microbe per 

9 gram of wet weight of zoological samples; 

10 (ii) 126 colony-forming units of esch11 erichia coli per 100 milliliters; and 

12 (iii) 33 colony-forming units of intes13 tinal enterococci per 100 milliliters; and 

14 (D) concentrations of such additional indi15 cator microbes and of viruses as may be speci16 fied in regulations issued by the Secretary in 

17 consultation with the Administrator and such 

18 other Federal agencies as the Secretary and the 

19 Administrator consider appropriate. 

20 (2) FEASIBILITY REVIEW.— 

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

22 before January 1, 2022, the Secretary, in con23 sultation with the Administrator, shall complete 

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1 ing the revised ballast water performance stand2 ard under paragraph (1). 

3 (B) CRITERIA FOR REVIEW OF BALLAST

4 WATER PERFORMANCE STANDARD.—In con5 ducting a review under subparagraph (A), the 

6 Secretary shall consider whether revising the 

7 ballast water performance standard will result 

8 in a scientifically demonstrable and substantial 

9 reduction in the risk of introduction or estab10 lishment of aquatic nuisance species, taking 

11 into account— 

12 (i) improvements in the scientific un13 derstanding of biological and ecological 

14 processes that lead to the introduction or 

15 establishment of aquatic nuisance species; 

16 (ii) improvements in ballast water 

17 treatment technology, including— 

18 (I) the capability of such treat19 ment technology to achieve a revised 

20 ballast water performance standard; 

21 (II) the effectiveness and reli22 ability of such treatment technology in 

23 the shipboard environment; 

24 (III) the compatibility of such 

25 treatment technology with the design 


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1 and operation of a vessel by class, 

2 type, and size; 

3 (IV) the commercial availability 

4 of such treatment technology; and 

5 (V) the safety of such treatment 

6 technology; 

7 (iii) improvements in the capabilities 

8 to detect, quantify, and assess the viability 

9 of aquatic nuisance species at the con10 centrations under consideration; 

11 (iv) the impact of ballast water treat12 ment technology on water quality; and 

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

14 impacts of— 

15 (I) a revised ballast water per16 formance standard, including the po17 tential impacts on shipping, trade, 

18 and other uses of the aquatic environ19 ment; and 

20 (II) maintaining the existing bal21 last water performance standard, in22 cluding the potential impacts on 

23 water-related infrastructure, recre24 ation, propagation of native fish, 


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1 shellfish, and wildlife, and other uses 

2 of navigable waters. 

3 (C) LOWER REVISED PERFORMANCE

4 STANDARD.— 

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

6 consultation with the Administrator, deter7 mines on the basis of the feasibility review 

8 and after an opportunity for a public hear9 ing that no ballast water treatment tech10 nology can be certified under section 5 to 

11 comply with the revised ballast water per12 formance standard under paragraph (1), 

13 the Secretary shall require the use of the 

14 treatment technology that achieves the per15 formance levels of the best treatment tech16 nology available. 

17 (ii) IMPLEMENTATION DEADLINE.—If 

18 the Secretary, in consultation with the Ad19 ministrator, determines that the treatment 

20 technology under clause (i) cannot be im21 plemented before the implementation dead22 line under paragraph (3) with respect to a 

23 class of vessels, the Secretary shall extend 

24 the implementation deadline for that class 

25 of vessels for not more than 36 months. 


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1 (iii) COMPLIANCE.—If the implemen2 tation deadline under paragraph (3) is ex3 tended, the Secretary shall recommend ac4 tion to ensure compliance with the ex5 tended implementation deadline under 

6 clause (ii). 

7 (D) HIGHER REVISED PERFORMANCE

8 STANDARD.— 

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

10 consultation with the Administrator, deter11 mines that ballast water treatment tech12 nology exists that exceeds the revised bal13 last water performance standard under 

14 paragraph (1) with respect to a class of 

15 vessels, the Secretary shall revise the bal16 last water performance standard for that 

17 class of vessels to incorporate the higher 

18 performance standard. 

19 (ii) IMPLEMENTATION DEADLINE.—If 

20 the Secretary, in consultation with the Ad21 ministrator, determines that the treatment 

22 technology under clause (i) can be imple23 mented before the implementation deadline 

24 under paragraph (3) with respect to a 

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1 erate the implementation deadline for that 

2 class of vessels. If the implementation 

3 deadline under paragraph (3) is acceler4 ated, the Secretary shall provide not less 

5 than 24 months notice before the acceler6 ated deadline takes effect. 

7 (3) IMPLEMENTATION DEADLINE.—The revised 

8 ballast water performance standard under paragraph 

9 (1) shall apply to a vessel beginning on the date of 

10 the first drydocking of the vessel on or after Janu11 ary 1, 2022, but not later than December 31, 2024. 

12 (4) REVISED PERFORMANCE STANDARD COM13 PLIANCE DEADLINES.— 

14 (A) IN GENERAL.—The Secretary may es15 tablish a compliance deadline for compliance by 

16 a vessel (or a class, type, or size of vessel) with 

17 a revised ballast water performance standard 

18 under this subsection. 

19 (B) PROCESS FOR GRANTING EXTEN20 SIONS.—In issuing regulations under this sub21 section, the Secretary shall establish a process 

22 for an owner or operator to submit a petition 

23 to the Secretary for an extension of a compli24 ance deadline with respect to the vessel of the 

25 owner or operator. 


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1 (C) PERIOD OF EXTENSIONS.—An exten2 sion issued under subparagraph (B) may— 

3 (i) apply for a period of not to exceed 

4 18 months from the date of the applicable 

5 deadline under subparagraph (A); and 

6 (ii) be renewable for an additional pe7 riod of not to exceed 18 months. 

8 (D) FACTORS.—In issuing a compliance 

9 deadline or reviewing a petition under this 

10 paragraph, the Secretary shall consider, with 

11 respect to the ability of an owner or operator to 

12 meet a compliance deadline, the following fac13 tors: 

14 (i) Whether the treatment technology 

15 to be installed is available in sufficient 

16 quantities to meet the compliance deadline. 

17 (ii) Whether there is sufficient ship18 yard or other installation facility capacity. 

19 (iii) Whether there is sufficient avail20 ability of engineering and design resources. 

21 (iv) Vessel characteristics, such as en22 gine room size, layout, or a lack of in23 stalled piping. 

24 (v) Electric power generating capacity 

25 aboard the vessel. 


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1 (vi) Safety of the vessel and crew. 

2 (E) CONSIDERATION OF PETITIONS.— 

3 (i) DETERMINATIONS.—The Secretary 

4 shall approve or deny a petition for an ex5 tension of a compliance deadline submitted 

6 by an owner or operator under this para7 graph. 

8 (ii) DEADLINE.—If the Secretary does 

9 not approve or deny a petition referred to 

10 in clause (i) on or before the last day of 

11 the 90-day period beginning on the date of 

12 submission of the petition, the petition 

13 shall be deemed approved. 

14 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL

15 DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 

16 (1) REVISED BALLAST WATER PERFORMANCE

17 STANDARDS.—The Secretary, in consultation with 

18 the Administrator, shall complete a review, 10 years 

19 after the issuance of a final rule under subsection 

20 (b) and every 10 years thereafter, to determine 

21 whether further revision of the ballast water per22 formance standard would result in a scientifically de23 monstrable and substantial reduction in the risk of 

24 the introduction or establishment of aquatic nui25 sance species. 


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1 (2) REVISED STANDARDS FOR DISCHARGES

2 OTHER THAN BALLAST WATER.—The Secretary, in 

3 consultation with the Administrator, may include in 

4 a decennial review under this subsection best man5 agement practices for discharges covered by sub6 section (a)(2). The Secretary shall initiate a rule7 making to revise 1 or more best management prac8 tices for such discharges after a decennial review if 

9 the Secretary, in consultation with the Adminis10 trator, determines that revising 1 or more of such 

11 practices would substantially reduce the impacts on 

12 navigable waters of discharges incidental to the nor13 mal operation of a vessel other than ballast water. 

14 (3) CONSIDERATIONS.—In conducting a review 

15 under paragraph (1), the Secretary, the Adminis16 trator, and the heads of other appropriate Federal 

17 agencies as determined by the Secretary, shall con18 sider the criteria under section 4(b)(2)(B). 

19 (4) REVISION AFTER DECENNIAL REVIEW.— 

20 The Secretary shall initiate a rulemaking to revise 

21 the current ballast water performance standard after 

22 a decennial review if the Secretary, in consultation 

23 with the Administrator, determines that revising the 

24 current ballast water performance standard would 

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1 tial reduction in the risk of the introduction or es2 tablishment of aquatic nuisance species. 

3 SEC. 5. TREATMENT TECHNOLOGY CERTIFICATION. 

4 (a) CERTIFICATION REQUIRED.—Beginning 60 days 

5 after the date that the requirements for testing protocols 

6 are issued under subsection (i), no manufacturer of a bal7 last water treatment technology shall sell, offer for sale, 

8 or introduce or deliver for introduction into interstate 

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

10 resale, a ballast water treatment technology for a vessel 

11 unless the treatment technology has been certified under 

12 this section. 

13 (b) CERTIFICATION PROCESS.— 

14 (1) EVALUATION.—Upon application of a man15 ufacturer, the Secretary shall evaluate a ballast 

16 water treatment technology with respect to— 

17 (A) the effectiveness of the treatment tech18 nology in achieving the current ballast water 

19 performance standard when installed on a ves20 sel (or a class, type, or size of vessel); 

21 (B) the compatibility with vessel design 

22 and operations; 

23 (C) the effect of the treatment technology 

24 on vessel safety; 

25 (D) the impact on the environment; 


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1 (E) the cost effectiveness; and 

2 (F) any other criteria the Secretary con3 siders appropriate. 

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

5 paragraph (1) the Secretary determines that the 

6 treatment technology meets the criteria, the Sec7 retary may certify the treatment technology for use 

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

9 (3) SUSPENSION AND REVOCATION.—The Sec10 retary shall establish, by regulation, a process to 

11 suspend or revoke a certification issued under this 

12 section. 

13 (c) CERTIFICATION CONDITIONS.— 

14 (1) IMPOSITION OF CONDITIONS.—In certifying 

15 a ballast water treatment technology under this sec16 tion, the Secretary, in consultation with the Admin17 istrator, may impose any condition on the subse18 quent installation, use, or maintenance of the treat19 ment technology onboard a vessel as is necessary 

20 for— 

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

22 vessel, and any passengers aboard the vessel; 

23 (B) the protection of the environment; or 

24 (C) the effective operation of the treatment 

25 technology. 


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

2 owner or operator to comply with a condition im3 posed under paragraph (1) shall be considered a vio4 lation of this section. 

5 (d) PERIOD FOR USE OF INSTALLED TREATMENT

6 EQUIPMENT.—Notwithstanding anything to the contrary 

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

8 shall allow a vessel on which a system is installed and op9 erated to meet a ballast water performance standard 

10 under this Act to continue to use that system, notwith11 standing any revision of a ballast water performance 

12 standard occurring after the system is ordered or installed 

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

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

15 (1) is maintained in proper working condition; 

16 and 

17 (2) is maintained and used in accordance with 

18 the manufacturer’s specifications and any treatment 

19 technology certification conditions imposed by the 

20 Secretary under this section. 

21 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

22 TREATMENT TECHNOLOGY.— 

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

24 ballast water treatment technology for certification 

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1 tificate of type approval for the treatment technology 

2 to the manufacturer in such form and manner as the 

3 Secretary determines appropriate. 

4 (2) CERTIFICATION CONDITIONS.—A certificate 

5 of type approval issued under paragraph (1) shall 

6 specify each condition imposed by the Secretary 

7 under subsection (c). 

8 (3) OWNERS AND OPERATORS.—A manufac9 turer that receives a certificate of type approval for 

10 the treatment technology under this subsection shall 

11 provide a copy of the certificate to each owner and 

12 operator of a vessel on which the treatment tech13 nology is installed. 

14 (f) INSPECTIONS.—An owner or operator who re15 ceives a copy of a certificate under subsection (e)(3) shall 

16 retain a copy of the certificate onboard the vessel and 

17 make the copy of the certificate available for inspection 

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

19 treatment technology. 

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

21 ballast water treatment technology under subsection (b) 

22 if— 

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

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

25 Insecticide, Fungicide, and Rodenticide Act (7 


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

2 that Act or the Secretary, in consultation with the 

3 Administrator, has approved the use of the biocide 

4 in such treatment technology; or 

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

6 of which causes or contributes to a violation of a 

7 water quality standard under section 303 of the 

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

9 1313). 

10 (h) PROHIBITION.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the use of a ballast water treatment tech13 nology by an owner or operator of a vessel shall not 

14 satisfy the requirements of this Act unless it has 

15 been approved by the Secretary under subsection 

16 (b). 

17 (2) EXCEPTIONS.— 

18 (A) COAST GUARD SHIPBOARD TECH19 NOLOGY EVALUATION PROGRAM.—An owner or 

20 operator may use a ballast water treatment 

21 technology that has not been certified by the 

22 Secretary to comply with the requirements of 

23 this section if the technology is being evaluated 

24 under the Coast Guard Shipboard Technology 

25 Evaluation Program. 


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1 (B) BALLAST WATER TREATMENT TECH2 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

3 An owner or operator may use a ballast water 

4 treatment technology that has not been certified 

5 by the Secretary to comply with the require6 ments of this section if the technology has been 

7 certified by a foreign entity and the certification 

8 demonstrates performance and safety of the 

9 treatment technology equivalent to the require10 ments of this section, as determined by the Sec11 retary. 

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

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

14 in consultation with the Secretary, shall issue require15 ments for land-based and shipboard testing protocols or 

16 criteria for— 

17 (1) certifying the performance of each ballast 

18 water treatment technology under this section; and 

19 (2) certifying laboratories to evaluate such 

20 treatment technologies. 

21 SEC. 6. EXEMPTIONS. 

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

23 prohibition enforced under any other provision of law for, 

24 nor shall any standards regarding a discharge incidental 


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1 to the normal operation of a vessel under this Act apply 

2 to— 

3 (1) a discharge incidental to the normal oper4 ation of a vessel if the vessel is less than 79 feet in 

5 length and engaged in commercial service (as de6 fined in section 2101(5) of title 46, United States 

7 Code); 

8 (2) a discharge incidental to the normal oper9 ation of a vessel if the vessel is a fishing vessel, in10 cluding a fish processing vessel and a fish tender 

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

12 States Code); 

13 (3) a discharge incidental to the normal oper14 ation of a vessel if the vessel is a recreational vessel 

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

16 States Code); 

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

18 equipment, devices, or other material from a vessel 

19 for the sole purpose of conducting research on the 

20 aquatic environment or its natural resources in ac21 cordance with generally recognized scientific meth22 ods, principles, or techniques; 

23 (5) any discharge into navigable waters from a 

24 vessel authorized by an on-scene coordinator in ac25 cordance with part 300 of title 40, Code of Federal 


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

2 Regulations; 

3 (6) any discharge into navigable waters from a 

4 vessel that is necessary to secure the safety of the 

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

6 the vessel or at a shoreside facility; or 

7 (7) a vessel of the armed forces of a foreign na8 tion when engaged in noncommercial service. 

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

10 be required or prohibition enforced under any other provi11 sion of law for, nor shall any ballast water performance 

12 standards under this Act apply to— 

13 (1) a ballast water discharge incidental to the 

14 normal operation of a vessel determined by the Sec15 retary to— 

16 (A) operate exclusively within a geographi17 cally limited area; 

18 (B) take up and discharge ballast water 

19 exclusively within 1 Captain of the Port Zone 

20 established by the Coast Guard unless the Sec21 retary determines such discharge poses a sub22 stantial risk of introduction or establishment of 

23 an aquatic nuisance species; 

24 (C) operate pursuant to a geographic re25 striction issued as a condition under section 


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1 3309 of title 46, United States Code, or an 

2 equivalent restriction issued by the country of 

3 registration of the vessel; or 

4 (D) continuously take on and discharge 

5 ballast water in a flow-through system that 

6 does not introduce aquatic nuisance species into 

7 navigable waters; 

8 (2) a ballast water discharge incidental to the 

9 normal operation of a vessel consisting entirely of 

10 water suitable for human consumption; or 

11 (3) a ballast water discharge incidental to the 

12 normal operation of a vessel in an alternative com13 pliance program established pursuant to section 7. 

14 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

15 No permit shall be required or prohibition enforced under 

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

17 performance standard under this Act apply to, a vessel 

18 that carries all of its permanent ballast water in sealed 

19 tanks that are not subject to discharge. 

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

21 this Act shall be construed to apply to the following ves22 sels: 

23 (1) A vessel owned or operated by the Depart24 ment of Defense (other than a time-chartered or 

25 voyage-chartered vessel). 


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1 (2) A vessel of the Coast Guard, as designated 

2 by the Secretary of the department in which the 

3 Coast Guard is operating. 

4 SEC. 7. ALTERNATIVE COMPLIANCE PROGRAM. 

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

6 with the Administrator, may promulgate regulations es7 tablishing 1 or more compliance programs as an alter8 native to ballast water management regulations issued 

9 under section 4 for a vessel that— 

10 (1) has a maximum ballast water capacity of 

11 less than 8 cubic meters; 

12 (2) is less than 3 years from the end of the use13 ful life of the vessel, as determined by the Secretary; 

14 or 

15 (3) discharges ballast water into a facility for 

16 the reception of ballast water that meets standards 

17 promulgated by the Administrator, in consultation 

18 with the Secretary. 

19 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

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

21 the Administrator, in consultation with the Secretary, 

22 shall promulgate standards for— 

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

24 into a reception facility; and 


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1 (2) the disposal or treatment of the ballast 

2 water under paragraph (1). 

3 SEC. 8. JUDICIAL REVIEW. 

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

5 petition for review of a final regulation promulgated under 

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

7 District of Columbia Circuit. 

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

9 than 120 days after the date that notice of the promulga10 tion appears in the Federal Register. 

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

12 petition that is based solely on grounds that arise after 

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

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

15 that the grounds first arise. 

16 SEC. 9. EFFECT ON STATE AUTHORITY. 

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

18 thereof may adopt or enforce any statute or regulation of 

19 the State or political subdivision with respect to a dis20 charge incidental to the normal operation of a vessel after 

21 the date of enactment of this Act. 

22 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

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

24 a statute or regulation of the State or political subdivision 

25 with respect to ballast water discharges incidental to the 


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1 normal operation of a vessel that specifies a ballast water 

2 performance standard that is more stringent than the bal3 last water performance standard under section 4(a)(1)(A) 

4 and is in effect on the date of enactment of this Act if 

5 the Secretary, after consultation with the Administrator 

6 and any other Federal department or agency the Secretary 

7 considers appropriate, makes a determination that— 

8 (1) compliance with any performance standard 

9 specified in the statute or regulation can in fact be 

10 achieved and detected; 

11 (2) the technology and systems necessary to 

12 comply with the statute or regulation are commer13 cially available; and 

14 (3) the statute or regulation is consistent with 

15 obligations under relevant international treaties or 

16 agreements to which the United States is a party. 

17 (c) PETITION PROCESS.— 

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

19 seeking to enforce a statute or regulation under sub20 section (b) shall submit a petition requesting the 

21 Secretary to review the statute or regulation. 

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

23 (A) be accompanied by the scientific and 

24 technical information on which the petition is 

25 based; and 


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1 (B) be submitted to the Secretary not later 

2 than 90 days after the date of enactment of 

3 this Act. 

4 (3) DETERMINATIONS.—The Secretary shall 

5 make a determination on a petition under this sub6 section not later than 90 days after the date that 

7 the petition is received. 

8 SEC. 10. APPLICATION WITH OTHER STATUTES. 

9 Notwithstanding any other provision of law, this Act 

10 shall be the exclusive statutory authority for regulation by 

11 the Federal Government of discharges incidental to the 

12 normal operation of a vessel to which this Act applies. Ex13 cept as provided under section 4(a)(1)(A), any regulation 

14 in effect on the date immediately preceding the effective 

15 date of this Act relating to any permitting requirement 

16 for or prohibition on discharges incidental to the normal 

17 operation of a vessel to which this Act applies shall be 

18 deemed to be a regulation issued pursuant to the authority 

19 of this Act and shall remain in full force and effect unless 

20 or until superseded by new regulations issued hereunder. 

Æ 


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