II 

113TH CONGRESS 

2D SESSION S. 2094 

To provide for the establishment of nationally uniform and environmentally 

sound standards governing discharges incidental to the normal operation 

of a vessel. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2014 

Mr. BEGICH (for himself, Mr. RUBIO, Ms. AYOTTE, Mr. BLUNT, Mr. BOOZMAN, Mr. CASEY, Mr. COCHRAN, Ms. COLLINS, Ms. HIRONO, Ms. LANDRIEU, Mrs. MCCASKILL, Mr. MARKEY, Ms. MURKOWSKI, Mr. NELSON, 

Mr. PRYOR, Mr. ROCKEFELLER, Mr. SCHATZ, Mr. THUNE, Mr. TOOMEY, 

Mr. VITTER, Ms. WARREN, 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. 

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

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 21,560,000 State-registered recreational 

13 vessels, 75,000 commercial fishing vessels, and 

14 33,000 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 vessel discharges of certain bulk cargo residue; 

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

21 of the Consolidated Appropriations Act, 2001 

22 (114 Stat. 2763), which prohibited or limited 

23 certain vessel discharges in certain areas of 

24 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 vessel discharges of agricultural cargo 

5 residue material in the form of hold washings; 

6 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 and requirements for the man15 agement of discharges incidental to the normal operation 

16 of a vessel. 

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 01:22 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2094.IS S2094

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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 discharge 

23 standard set forth in section 151.2030 of title 33, 

24 Code of Federal Regulations or section 151.1511 of 

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


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1 or a revised numerical ballast water performance 

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

3 or (c) of section 5 of this Act. 

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 and requirements for 

20 the regulation of discharges incidental to the normal oper21 ation of a vessel. The standards and requirements 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 administer and enforce the uniform na5 tional standards and requirements under this Act. Each 

6 State may enforce the uniform national standards and re7 quirements under this Act. 

8 SEC. 5. UNIFORM NATIONAL STANDARDS AND REQUIRE9 MENTS FOR THE REGULATION OF DIS10 CHARGES INCIDENTAL TO THE NORMAL OP11 ERATION OF A VESSEL. 

12 (a) REQUIREMENTS.— 

13 (1) BALLAST WATER MANAGEMENT REQUIRE14 MENTS.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other provision of law, the requirements set 

17 forth in the final rule, Standards for Living Or18 ganisms in Ships’ Ballast Water Discharged in 

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

20 2012), as corrected at 77 Fed. Reg. 33969 

21 (June 8, 2012)), shall be the management re22 quirements for a ballast water discharge inci23 dental to the normal operation of a vessel until 

24 the Secretary revises the ballast water perform25 ance standard under subsection (b) or adopts a 


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1 more stringent State standard under subpara2 graph (B) of this paragraph. 

3 (B) ADOPTION OF MORE STRINGENT

4 STATE STANDARD.—If the Secretary makes a 

5 determination in favor of a State petition under 

6 section 10, the Secretary shall adopt the more 

7 stringent ballast water performance standard 

8 specified in the statute or regulation that is the 

9 subject of that State petition in lieu of the bal10 last water performance standard in the final 

11 rule described under subparagraph (A). 

12 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

13 DISCHARGES OTHER THAN BALLAST WATER.—Not 

14 later than 2 years after the date of enactment of 

15 this Act, the Secretary, in consultation with the Ad16 ministrator, shall issue a final rule establishing best 

17 management practices for discharges incidental to 

18 the normal operation of a vessel other than ballast 

19 water. 

20 (b) REVISED BALLAST WATER PERFORMANCE

21 STANDARD; 8-YEAR REVIEW.— 

22 (1) IN GENERAL.—Subject to the feasibility re23 view under paragraph (2), not later than January 1, 

24 2022, the Secretary, in consultation with the Admin25 istrator, shall issue a final rule revising the ballast 


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

2 so that a ballast water discharge incidental to the 

3 normal operation of a vessel will contain— 

4 (A) less than 1 living organism per 10 

5 cubic meters that is 50 or more micrometers in 

6 minimum dimension; 

7 (B) less than 1 living organism per 10 mil8 liliters that is less than 50 micrometers in min9 imum dimension and more than 10 micrometers 

10 in minimum dimension; 

11 (C) concentrations of indicator microbes 

12 that are less than— 

13 (i) 1 colony-forming unit of 

14 toxicogenic Vibrio cholera (serotypes O1 

15 and O139) per 100 milliliters or less than 

16 1 colony-forming unit of that microbe per 

17 gram of wet weight of zoological samples; 

18 (ii) 126 colony-forming units of esch19 erichia coli per 100 milliliters; and 

20 (iii) 33 colony-forming units of intes21 tinal enterococci per 100 milliliters; and 

22 (D) concentrations of such additional indi23 cator microbes and of viruses as may be speci24 fied in regulations issued by the Secretary in 

25 consultation with the Administrator and such 


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1 other Federal agencies as the Secretary and the 

2 Administrator consider appropriate. 

3 (2) FEASIBILITY REVIEW.— 

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

5 before January 1, 2022, 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 PERFORMANCE STANDARD.—In con12 ducting a review under subparagraph (A), the 

13 Secretary shall consider whether revising the 

14 ballast water performance standard will result 

15 in a scientifically demonstrable and substantial 

16 reduction in the risk of introduction or estab17 lishment of aquatic nuisance species, taking 

18 into account— 

19 (i) improvements in the scientific un20 derstanding of biological and ecological 

21 processes that lead to the introduction or 

22 establishment of aquatic nuisance species; 

23 (ii) improvements in ballast water 

24 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 REVISED PERFORMANCE

11 STANDARD.— 

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

13 consultation with the Administrator, deter14 mines on the basis of the feasibility review 

15 and after an opportunity for a public hear16 ing that no ballast water treatment tech17 nology can be certified under section 6 to 

18 comply with the revised ballast water per19 formance standard under paragraph (1), 

20 the Secretary shall require the use of the 

21 treatment technology that achieves the per22 formance levels of the best treatment tech23 nology available. 

24 (ii) IMPLEMENTATION DEADLINE.—If 

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1 ministrator, determines that the treatment 

2 technology under clause (i) cannot be im3 plemented before the implementation dead4 line under paragraph (3) with respect to a 

5 class of vessels, the Secretary shall extend 

6 the implementation deadline for that class 

7 of vessels for not more than 36 months. 

8 (iii) COMPLIANCE.—If the implemen9 tation deadline under paragraph (3) is ex10 tended, the Secretary shall recommend ac11 tion to ensure compliance with the ex12 tended implementation deadline under 

13 clause (ii). 

14 (D) HIGHER REVISED PERFORMANCE

15 STANDARD.— 

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

17 consultation with the Administrator, deter18 mines that ballast water treatment tech19 nology exists that exceeds the revised bal20 last water performance standard under 

21 paragraph (1) with respect to a class of 

22 vessels, the Secretary shall revise the bal23 last water performance standard for that 

24 class of vessels to incorporate the higher 

25 performance standard. 


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1 (ii) IMPLEMENTATION DEADLINE.—If 

2 the Secretary, in consultation with the Ad3 ministrator, determines that the treatment 

4 technology under clause (i) can be imple5 mented before the implementation deadline 

6 under paragraph (3) with respect to a 

7 class of vessels, the Secretary shall accel8 erate the implementation deadline for that 

9 class of vessels. If the implementation 

10 deadline under paragraph (3) is acceler11 ated, the Secretary shall provide not less 

12 than 24 months notice before the acceler13 ated deadline takes effect. 

14 (3) IMPLEMENTATION DEADLINE.—The revised 

15 ballast water performance standard under paragraph 

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

17 the first drydocking of the vessel on or after Janu18 ary 1, 2022, but not later than December 31, 2024. 

19 (4) REVISED PERFORMANCE STANDARD COM20 PLIANCE DEADLINES.— 

21 (A) IN GENERAL.—The Secretary may es22 tablish a compliance deadline for compliance by 

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

24 a revised ballast water performance standard 

25 under this subsection. 


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1 (B) PROCESS FOR GRANTING EXTEN2 SIONS.—In issuing regulations under this sub3 section, the Secretary shall establish a process 

4 for an owner or operator to submit a petition 

5 to the Secretary for an extension of a compli6 ance deadline with respect to the vessel of the 

7 owner or operator. 

8 (C) PERIOD OF EXTENSIONS.—An exten9 sion issued under subparagraph (B) may— 

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

11 18 months from the date of the applicable 

12 deadline under subparagraph (A); and 

13 (ii) be renewable for an additional pe14 riod of not to exceed 18 months. 

15 (D) FACTORS.—In issuing a compliance 

16 deadline or reviewing a petition under this 

17 paragraph, the Secretary shall consider, with 

18 respect to the ability of an owner or operator to 

19 meet a compliance deadline, the following fac20 tors: 

21 (i) Whether the treatment technology 

22 to be installed is available in sufficient 

23 quantities to meet the compliance deadline. 

24 (ii) Whether there is sufficient ship25 yard or other installation facility capacity. 


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1 (iii) Whether there is sufficient avail2 ability of engineering and design resources. 

3 (iv) Vessel characteristics, such as en4 gine room size, layout, or a lack of in5 stalled piping. 

6 (v) Electric power generating capacity 

7 aboard the vessel. 

8 (vi) Safety of the vessel and crew. 

9 (E) CONSIDERATION OF PETITIONS.— 

10 (i) DETERMINATIONS.—The Secretary 

11 shall approve or deny a petition for an ex12 tension of a compliance deadline submitted 

13 by an owner or operator under this para14 graph. 

15 (ii) DEADLINE.—If the Secretary does 

16 not approve or deny a petition referred to 

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

18 the 90-day period beginning on the date of 

19 submission of the petition, the petition 

20 shall be deemed approved. 

21 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL

22 DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 

23 (1) REVISED BALLAST WATER PERFORMANCE

24 STANDARDS.—The Secretary, in consultation with 

25 the Administrator, shall complete a review, 10 years 


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1 after the issuance of a final rule under subsection 

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

3 whether further revision of the ballast water per4 formance standard would result in a scientifically de5 monstrable and substantial reduction in the risk of 

6 the introduction or establishment of aquatic nui7 sance species. 

8 (2) REVISED STANDARDS FOR DISCHARGES

9 OTHER THAN BALLAST WATER.—The Secretary, in 

10 consultation with the Administrator, may include in 

11 a decennial review under this subsection best man12 agement practices for discharges covered by sub13 section (a)(2). The Secretary shall initiate a rule14 making to revise 1 or more best management prac15 tices for such discharges after a decennial review if 

16 the Secretary, in consultation with the Adminis17 trator, determines that revising 1 or more of such 

18 practices would substantially reduce the impacts on 

19 navigable waters of discharges incidental to the nor20 mal operation of a vessel other than ballast water. 

21 (3) CONSIDERATIONS.—In conducting a review 

22 under paragraph (1), the Secretary, the Adminis23 trator, and the heads of other appropriate Federal 

24 agencies as determined by the Secretary, shall con25 sider the criteria under section 5(b)(2)(B). 


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1 (4) REVISION AFTER DECENNIAL REVIEW.— 

2 The Secretary shall initiate a rulemaking to revise 

3 the current ballast water performance standard after 

4 a decennial review if the Secretary, in consultation 

5 with the Administrator, determines that revising the 

6 current ballast water performance standard would 

7 result in a scientifically demonstrable and substan8 tial reduction in the risk of the introduction or es9 tablishment of aquatic nuisance species. 

10 SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION. 

11 (a) CERTIFICATION REQUIRED.—Beginning 60 days 

12 after the date that the requirements for testing protocols 

13 are issued under subsection (i), no manufacturer of a bal14 last water treatment technology shall sell, offer for sale, 

15 or introduce or deliver for introduction into interstate 

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

17 resale, a ballast water treatment technology for a vessel 

18 unless the treatment technology has been certified under 

19 this section. 

20 (b) CERTIFICATION PROCESS.— 

21 (1) EVALUATION.—Upon application of a man22 ufacturer, the Secretary shall evaluate a ballast 

23 water treatment technology with respect to— 

24 (A) the effectiveness of the treatment tech25 nology in achieving the current ballast water 


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1 performance standard when installed on a ves2 sel (or a class, type, or size of vessel); 

3 (B) the compatibility with vessel design 

4 and operations; 

5 (C) the effect of the treatment technology 

6 on vessel safety; 

7 (D) the impact on the environment; 

8 (E) the cost effectiveness; and 

9 (F) any other criteria the Secretary con10 siders appropriate. 

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

12 paragraph (1) the Secretary determines that the 

13 treatment technology meets the criteria, the Sec14 retary may certify the treatment technology for use 

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

16 (3) SUSPENSION AND REVOCATION.—The Sec17 retary shall establish, by regulation, a process to 

18 suspend or revoke a certification issued under this 

19 section. 

20 (c) CERTIFICATION CONDITIONS.— 

21 (1) IMPOSITION OF CONDITIONS.—In certifying 

22 a ballast water treatment technology under this sec23 tion, the Secretary, in consultation with the Admin24 istrator, may impose any condition on the subse25 quent installation, use, or maintenance of the treatVerDate Mar 15 2010 01:22 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S2094.IS S2094

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1 ment technology onboard a vessel as is necessary 

2 for— 

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

4 vessel, and any passengers aboard the vessel; 

5 (B) the protection of the environment; or 

6 (C) the effective operation of the treatment 

7 technology. 

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

9 owner or operator to comply with a condition im10 posed under paragraph (1) shall be considered a vio11 lation of this section. 

12 (d) PERIOD FOR USE OF INSTALLED TREATMENT

13 EQUIPMENT.—Notwithstanding anything to the contrary 

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

15 shall allow a vessel on which a system is installed and op16 erated to meet a ballast water performance standard 

17 under this Act to continue to use that system, notwith18 standing any revision of a ballast water performance 

19 standard occurring after the system is ordered or installed 

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

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

22 (1) is maintained in proper working condition; 

23 and 

24 (2) is maintained and used in accordance with 

25 the manufacturer’s specifications and any treatment 


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1 technology certification conditions imposed by the 

2 Secretary under this section. 

3 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

4 TREATMENT TECHNOLOGY.— 

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

6 ballast water treatment technology for certification 

7 under subsection (b), the Secretary shall issue a cer8 tificate of type approval for the treatment technology 

9 to the manufacturer in such form and manner as the 

10 Secretary determines appropriate. 

11 (2) CERTIFICATION CONDITIONS.—A certificate 

12 of type approval issued under paragraph (1) shall 

13 specify each condition imposed by the Secretary 

14 under subsection (c). 

15 (3) OWNERS AND OPERATORS.—A manufac16 turer that receives a certificate of type approval for 

17 the treatment technology under this subsection shall 

18 provide a copy of the certificate to each owner and 

19 operator of a vessel on which the treatment tech20 nology is installed. 

21 (f) INSPECTIONS.—An owner or operator who re22 ceives a copy of a certificate under subsection (e)(3) shall 

23 retain a copy of the certificate onboard the vessel and 

24 make the copy of the certificate available for inspection 


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

2 treatment technology. 

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

4 ballast water treatment technology under subsection (b) 

5 if— 

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

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

8 Insecticide, Fungicide, and Rodenticide Act (7 

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

10 that Act or the Secretary, in consultation with Ad11 ministrator, has approved the use of the biocide in 

12 such treatment technology; or 

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

14 of which causes or contributes to a violation of a 

15 water quality standard under section 303 of the 

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

17 1313). 

18 (h) PROHIBITION.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the use of a ballast water treatment tech21 nology by an owner or operator of a vessel shall not 

22 satisfy the requirements of this Act unless it has 

23 been approved by the Secretary under subsection 

24 (b). 

25 (2) EXCEPTIONS.— 


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1 (A) COAST GUARD SHIPBOARD TECH2 NOLOGY EVALUATION PROGRAM.—An owner or 

3 operator may use a ballast water treatment 

4 technology that has not been certified by the 

5 Secretary to comply with the requirements of 

6 this section if the technology is being evaluated 

7 under the Coast Guard Shipboard Technology 

8 Evaluation Program. 

9 (B) BALLAST WATER TREATMENT TECH10 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

11 An owner or operator may use a ballast water 

12 treatment technology that has not been certified 

13 by the Secretary to comply with the require14 ments of this section if the technology has been 

15 certified by a foreign entity and the certification 

16 demonstrates performance and safety of the 

17 treatment technology equivalent to the require18 ments of this section, as determined by the Sec19 retary. 

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

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

22 in consultation with the Secretary, shall issue require23 ments for land-based and shipboard testing protocols or 

24 criteria for— 


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1 (1) certifying the performance of each ballast 

2 water treatment technology under this section; and 

3 (2) certifying laboratories to evaluate such 

4 treatment technologies. 

5 SEC. 7. EXEMPTIONS. 

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

7 prohibition enforced under any other provision of law for, 

8 nor shall any standards regarding a discharge incidental 

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

10 to— 

11 (1) a discharge incidental to the normal oper12 ation of a vessel if the vessel is less than 79 feet in 

13 length and engaged in commercial service (as de14 fined in section 2101(5) of title 46, United States 

15 Code); 

16 (2) a discharge incidental to the normal oper17 ation of a vessel if the vessel is a fishing vessel, in18 cluding a fish processing vessel and a fish tender 

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

20 States Code); 

21 (3) a discharge incidental to the normal oper22 ation of a vessel if the vessel is a recreational vessel 

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

24 States Code); 


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

2 equipment, devices, or other material from a vessel 

3 for the sole purpose of conducting research on the 

4 aquatic environment or its natural resources in ac5 cordance with generally recognized scientific meth6 ods, principles, or techniques; 

7 (5) any discharge into navigable waters from a 

8 vessel authorized by an on-scene coordinator in ac9 cordance with part 300 of title 40, Code of Federal 

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

11 Regulations; 

12 (6) any discharge into navigable waters from a 

13 vessel that is necessary to secure the safety of the 

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

15 the vessel or at a shoreside facility; or 

16 (7) a vessel of the armed forces of a foreign na17 tion when engaged in noncommercial service. 

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

19 be required or prohibition enforced under any other provi20 sion of law for, nor shall any ballast water performance 

21 standards under this Act apply to— 

22 (1) a ballast water discharge incidental to the 

23 normal operation of a vessel determined by the Sec24 retary to— 


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1 (A) operate exclusively within a geographi2 cally limited area; 

3 (B) take up and discharge ballast water 

4 exclusively within 1 Captain of the Port Zone 

5 established by the Coast Guard unless the Sec6 retary determines such discharge poses a sub7 stantial risk of introduction or establishment of 

8 an aquatic nuisance species; 

9 (C) operate pursuant to a geographic re10 striction issued as a condition under section 

11 3309 of title 46, United States Code, or an 

12 equivalent restriction issued by the country of 

13 registration of the vessel; or 

14 (D) continuously take on and discharge 

15 ballast water in a flow-through system that 

16 does not introduce aquatic nuisance species into 

17 navigable waters; 

18 (2) a ballast water discharge incidental to the 

19 normal operation of a vessel consisting entirely of 

20 water suitable for human consumption; or 

21 (3) a ballast water discharge incidental to the 

22 normal operation of a vessel in an alternative com23 pliance program established pursuant to section (8). 

24 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

25 No permit shall be required or prohibition enforced under 


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

2 performance standard under this Act apply to, a vessel 

3 that carries all of its permanent ballast water in sealed 

4 tanks that are not subject to discharge. 

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

6 this Act shall be construed to apply to a vessel of the 

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

8 United States Code. 

9 SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM. 

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

11 with the Administrator, may promulgate regulations es12 tablishing 1 or more compliance programs as an alter13 native to ballast water management regulations issued 

14 under section 5 for a vessel that— 

15 (1) has a maximum ballast water capacity of 

16 less than 8 cubic meters; 

17 (2) is less than 3 years from the end of the use18 ful life of the vessel, as determined by the Secretary; 

19 or 

20 (3) discharges ballast water into a facility for 

21 the reception of ballast water that meets standards 

22 promulgated by the Administrator, in consultation 

23 with the Secretary. 

24 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

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


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1 the Administrator, in consultation with the Secretary, 

2 shall promulgate standards for— 

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

4 into a reception facility; and 

5 (2) the disposal or treatment of the ballast 

6 water under paragraph (1). 

7 SEC. 9. JUDICIAL REVIEW. 

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

9 petition for review of a final regulation promulgated under 

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

11 District of Columbia Circuit. 

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

13 than 120 days after the date that notice of the promulga14 tion appears in the Federal Register. 

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

16 petition that is based solely on grounds that arise after 

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

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

19 that the grounds first arise. 

20 SEC. 10. EFFECT ON STATE AUTHORITY. 

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

22 thereof may adopt or enforce any statute or regulation of 

23 the State or political subdivision with respect to a dis24 charge incidental to the normal operation of a vessel after 

25 the date of enactment of this Act. 


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1 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

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

3 a statute or regulation of the State or political subdivision 

4 with respect to ballast water discharges incidental to the 

5 normal operation of a vessel that specifies a ballast water 

6 performance standard that is more stringent than the bal7 last water performance standard under section 5(a)(1)(A) 

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

9 the Secretary, after consultation with the Administrator 

10 and any other Federal department or agency the Secretary 

11 considers appropriate, makes a determination that— 

12 (1) compliance with any performance standard 

13 specified in the statute or regulation can in fact be 

14 achieved and detected; 

15 (2) the technology and systems necessary to 

16 comply with the statute or regulation are commer17 cially available; and 

18 (3) the statute or regulation is consistent with 

19 obligations under relevant international treaties or 

20 agreements to which the United States is a party. 

21 (c) PETITION PROCESS.— 

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

23 seeking to enforce a statute or regulation under sub24 section (b) shall submit a petition requesting the 

25 Secretary to review the statute or regulation. 


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

2 (A) be accompanied by the scientific and 

3 technical information on which the petition is 

4 based; and 

5 (B) be submitted to the Secretary not later 

6 than 90 days after the date of enactment of 

7 this Act. 

8 (3) DETERMINATIONS.—The Secretary shall 

9 make a determination on a petition under this sub10 section not later than 90 days after the date that 

11 the petition is received. 

12 SEC. 11. APPLICATION WITH OTHER STATUTES. 

13 Notwithstanding any other provision of law, this Act 

14 shall be the exclusive statutory authority for regulation by 

15 the Federal Government of discharges incidental to the 

16 normal operation of a vessel to which this Act applies. Ex17 cept as provided under section 5(a)(1)(A), any regulation 

18 in effect on the date immediately preceding the effective 

19 date of this Act relating to any permitting requirement 

20 for or prohibition on discharges incidental to the normal 

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

22 deemed to be a regulation issued pursuant to the authority 

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

24 or until superseded by new regulations issued hereunder. 

Æ 


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