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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2094 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Vessel Incidental 
Discharge Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Beginning with enactment of the Act to Prevent 
        Pollution from Ships in 1980 (22 U.S.C. 1901 et seq.), the 
        United States Coast Guard has been the principal Federal 
        authority charged with administering, enforcing, and 
        prescribing regulations relating to the discharge of pollutants 
        from vessels engaged in maritime commerce and transportation.
            (2) The Coast Guard estimates there are approximately 
        21,560,000 State-registered recreational vessels, 75,000 
        commercial fishing vessels, and 33,000 freight and tank barges 
        operating in United States waters.
            (3) From 1973 to 2005, certain discharges incidental to the 
        normal operation of a vessel were exempted by regulation from 
        otherwise applicable permitting requirements.
            (4) Over the 32 years during which this regulatory 
        exemption was in effect, Congress enacted statutes on a number 
        of occasions dealing with the regulation of discharges 
        incidental to the normal operation of a vessel, including--
                    (A) the Act to Prevent Pollution from Ships (33 
                U.S.C. 1901 et seq.) in 1980;
                    (B) the Nonindigenous Aquatic Nuisance Prevention 
                and Control Act of 1990 (16 U.S.C. 4701 et seq.);
                    (C) the National Invasive Species Act of 1996 (110 
                Stat. 4073);
                    (D) section 415 of the Coast Guard Authorization 
                Act of 1998 (112 Stat. 3434) and section 623 of the 
                Coast Guard and Maritime Transportation Act of 2004 (33 
                U.S.C. 1901 note), which established interim and 
                permanent requirements, respectively, for the 
                regulation of vessel discharges of certain bulk cargo 
                residue;
                    (E) title XIV of division B of Appendix D of the 
                Consolidated Appropriations Act, 2001 (114 Stat. 2763), 
                which prohibited or limited certain vessel discharges 
                in certain areas of Alaska;
                    (F) section 204 of the Maritime Transportation 
                Security Act of 2002 (33 U.S.C. 1902a), which 
                established requirements for the regulation of vessel 
                discharges of agricultural cargo residue material in 
                the form of hold washings; and
                    (G) title X of the Coast Guard Authorization Act of 
                2010 (33 U.S.C. 3801 et seq.), which provided for the 
                implementation of the International Convention on the 
                Control of Harmful Anti-Fouling Systems on Ships, 2001.
    (b) Purpose.--The purpose of this Act is to provide for the 
establishment of nationally uniform and environmentally sound standards 
and requirements for the management of discharges incidental to the 
normal operation of a vessel.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Aquatic nuisance species.--The term ``aquatic nuisance 
        species'' means a nonindigenous species (including a pathogen) 
        that threatens the diversity or abundance of native species or 
        the ecological stability of navigable waters or commercial, 
        agricultural, aquacultural, or recreational activities 
        dependent on such waters.
            (3) Ballast water.--
                    (A) In general.--The term ``ballast water'' means 
                any water, including any sediment suspended in such 
                water, taken aboard a vessel--
                            (i) to control trim, list, draught, 
                        stability, or stresses of the vessel; or
                            (ii) during the cleaning, maintenance, or 
                        other operation of a ballast water treatment 
                        technology of the vessel.
                    (B) Exclusions.--The term ``ballast water'' does 
                not include any pollutant that is added to water 
                described in subparagraph (A) that is not directly 
                related to the operation of a properly functioning 
                ballast water treatment technology under this Act.
            (4) Ballast water performance standard.--The term ``ballast 
        water performance standard'' means the numerical ballast water 
        discharge standard set forth in section 151.2030 of title 33, 
        Code of Federal Regulations or section 151.1511 of title 33, 
        Code of Federal Regulations, as applicable, or a revised 
        numerical ballast water performance standard established under 
        subsection (a)(1)(B), (b), or (c) of section 5 of this Act.
            (5) Ballast water treatment technology or treatment 
        technology.--The term ``ballast water treatment technology'' or 
        ``treatment technology'' means any mechanical, physical, 
        chemical, or biological process used, alone or in combination, 
        to remove, render harmless, or avoid the uptake or discharge of 
        aquatic nuisance species within ballast water.
            (6) Biocide.--The term ``biocide'' means a substance or 
        organism, including a virus or fungus, that is introduced into 
        or produced by a ballast water treatment technology to reduce 
        or eliminate aquatic nuisance species as part of the process 
        used to comply with a ballast water performance standard under 
        this Act.
            (7) Discharge incidental to the normal operation of a 
        vessel.--
                    (A) In general.--The term ``discharge incidental to 
                the normal operation of a vessel'' means--
                            (i) a discharge into navigable waters from 
                        a vessel of--
                                    (I)(aa) ballast water, graywater, 
                                bilge water, cooling water, oil water 
                                separator effluent, anti-fouling hull 
                                coating leachate, boiler or economizer 
                                blowdown, byproducts from cathodic 
                                protection, controllable pitch 
                                propeller and thruster hydraulic fluid, 
                                distillation and reverse osmosis brine, 
                                elevator pit effluent, firemain system 
                                effluent, freshwater layup effluent, 
                                gas turbine wash water, motor gasoline 
                                and compensating effluent, 
                                refrigeration and air condensate 
                                effluent, seawater pumping biofouling 
                                prevention substances, boat engine wet 
                                exhaust, sonar dome effluent, exhaust 
                                gas scrubber washwater, or stern tube 
                                packing gland effluent; or
                                    (bb) any other pollutant associated 
                                with the operation of a marine 
                                propulsion system, shipboard 
                                maneuvering system, habitability 
                                system, or installed major equipment, 
                                or from a protective, preservative, or 
                                absorptive application to the hull of a 
                                vessel;
                                    (II) weather deck runoff, deck 
                                wash, aqueous film forming foam 
                                effluent, chain locker effluent, non-
                                oily machinery wastewater, underwater 
                                ship husbandry effluent, welldeck 
                                effluent, or fish hold and fish hold 
                                cleaning effluent; or
                                    (III) any effluent from a properly 
                                functioning marine engine; or
                            (ii) a discharge of a pollutant into 
                        navigable waters in connection with the 
                        testing, maintenance, or repair of a system, 
                        equipment, or engine described in subclause 
                        (I)(bb) or (III) of clause (i) whenever the 
                        vessel is waterborne.
                    (B) Exclusions.--The term ``discharge incidental to 
                the normal operation of a vessel'' does not include--
                            (i) a discharge into navigable waters from 
                        a vessel of--
                                    (I) rubbish, trash, garbage, 
                                incinerator ash, or other such material 
                                discharged overboard;
                                    (II) oil or a hazardous substance 
                                as those terms are defined in section 
                                311 of the Federal Water Pollution 
                                Control Act (33 U.S.C. 1321);
                                    (III) sewage as defined in section 
                                312(a)(6) of the Federal Water 
                                Pollution Control Act (33 U.S.C. 
                                1322(a)(6)); or
                                    (IV) graywater referred to in 
                                section 312(a)(6) of the Federal Water 
                                Pollution Control Act (33 U.S.C. 
                                1322(a)(6));
                            (ii) an emission of an air pollutant 
                        resulting from the operation onboard a vessel 
                        of a vessel propulsion system, motor driven 
                        equipment, or incinerator; or
                            (iii) a discharge into navigable waters 
                        from a vessel when the vessel is operating in a 
                        capacity other than as a means of 
                        transportation on water.
            (8) Geographically limited area.--The term ``geographically 
        limited area'' means an area--
                    (A) with a physical limitation, including 
                limitation by physical size and limitation by 
                authorized route, that prevents a vessel from operating 
                outside the area, as determined by the Secretary; or
                    (B) that is ecologically homogeneous, as determined 
                by the Secretary, in consultation with the heads of 
                other Federal departments or agencies as the Secretary 
                considers appropriate.
            (9) Manufacturer.--The term ``manufacturer'' means a person 
        engaged in the manufacture, assemblage, or importation of 
        ballast water treatment technology.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the department in which the Coast Guard is operating.
            (11) Vessel.--The term ``vessel'' means every description 
        of watercraft or other artificial contrivance used, or 
        practically or otherwise capable of being used, as a means of 
        transportation on water.

SEC. 4. REGULATION AND ENFORCEMENT.

    (a) In General.--The Secretary, in consultation with the 
Administrator, shall establish and implement enforceable uniform 
national standards and requirements for the regulation of discharges 
incidental to the normal operation of a vessel. The standards and 
requirements shall--
            (1) be based upon the best available technology 
        economically achievable; and
            (2) supersede any permitting requirement or prohibition on 
        discharges incidental to the normal operation of a vessel under 
        any other provision of law.
    (b) Administration and Enforcement.--The Secretary shall administer 
and enforce the uniform national standards and requirements under this 
Act. Each State may enforce the uniform national standards and 
requirements under this Act.

SEC. 5. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE REGULATION 
              OF DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A 
              VESSEL.

    (a) Requirements.--
            (1) Ballast water management requirements.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the requirements set forth in the 
                final rule, Standards for Living Organisms in Ships' 
                Ballast Water Discharged in U.S. Waters (77 Fed. Reg. 
                17254 (March 23, 2012), as corrected at 77 Fed. Reg. 
                33969 (June 8, 2012)), shall be the management 
                requirements for a ballast water discharge incidental 
                to the normal operation of a vessel until the Secretary 
                revises the ballast water performance standard under 
                subsection (b) or adopts a more stringent State 
                standard under subparagraph (B) of this paragraph.
                    (B) Adoption of more stringent state standard.--If 
                the Secretary makes a determination in favor of a State 
                petition under section 10, the Secretary shall adopt 
                the more stringent ballast water performance standard 
                specified in the statute or regulation that is the 
                subject of that State petition in lieu of the ballast 
                water performance standard in the final rule described 
                under subparagraph (A).
            (2) Initial management requirements for discharges other 
        than ballast water.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Administrator, shall issue a final rule establishing best 
        management practices for discharges incidental to the normal 
        operation of a vessel other than ballast water.
    (b) Revised Ballast Water Performance Standard; 8-Year Review.--
            (1) In general.--Subject to the feasibility review under 
        paragraph (2), not later than January 1, 2022, the Secretary, 
        in consultation with the Administrator, shall issue a final 
        rule revising the ballast water performance standard under 
        subsection (a)(1) so that a ballast water discharge incidental 
        to the normal operation of a vessel will contain--
                    (A) less than 1 living organism per 10 cubic meters 
                that is 50 or more micrometers in minimum dimension;
                    (B) less than 1 living organism per 10 milliliters 
                that is less than 50 micrometers in minimum dimension 
                and more than 10 micrometers in minimum dimension;
                    (C) concentrations of indicator microbes that are 
                less than--
                            (i) 1 colony-forming unit of toxicogenic 
                        Vibrio cholera (serotypes O1 and O139) per 100 
                        milliliters or less than 1 colony-forming unit 
                        of that microbe per gram of wet weight of 
                        zoological samples;
                            (ii) 126 colony-forming units of 
                        escherichia coli per 100 milliliters; and
                            (iii) 33 colony-forming units of intestinal 
                        enterococci per 100 milliliters; and
                    (D) concentrations of such additional indicator 
                microbes and of viruses as may be specified in 
                regulations issued by the Secretary in consultation 
                with the Administrator and such other Federal agencies 
                as the Secretary and the Administrator consider 
                appropriate.
            (2) Feasibility review.--
                    (A) In general.--Not less than 2 years before 
                January 1, 2022, the Secretary, in consultation with 
                the Administrator, shall complete a review to determine 
                the feasibility of achieving the revised ballast water 
                performance standard under paragraph (1).
                    (B) Criteria for review of ballast water 
                performance standard.--In conducting a review under 
                subparagraph (A), the Secretary shall consider whether 
                revising the ballast water performance standard will 
                result in a scientifically demonstrable and substantial 
                reduction in the risk of introduction or establishment 
                of aquatic nuisance species, taking into account--
                            (i) improvements in the scientific 
                        understanding of biological and ecological 
                        processes that lead to the introduction or 
                        establishment of aquatic nuisance species;
                            (ii) improvements in ballast water 
                        treatment technology, including--
                                    (I) the capability of such 
                                treatment technology to achieve a 
                                revised ballast water performance 
                                standard;
                                    (II) the effectiveness and 
                                reliability of such treatment 
                                technology in the shipboard 
                                environment;
                                    (III) the compatibility of such 
                                treatment technology with the design 
                                and operation of a vessel by class, 
                                type, and size;
                                    (IV) the commercial availability of 
                                such treatment technology; and
                                    (V) the safety of such treatment 
                                technology;
                            (iii) improvements in the capabilities to 
                        detect, quantify, and assess the viability of 
                        aquatic nuisance species at the concentrations 
                        under consideration;
                            (iv) the impact of ballast water treatment 
                        technology on water quality; and
                            (v) the costs, cost-effectiveness, and 
                        impacts of--
                                    (I) a revised ballast water 
                                performance standard, including the 
                                potential impacts on shipping, trade, 
                                and other uses of the aquatic 
                                environment; and
                                    (II) maintaining the existing 
                                ballast water performance standard, 
                                including the potential impacts on 
                                water-related infrastructure, 
                                recreation, propagation of native fish, 
                                shellfish, and wildlife, and other uses 
                                of navigable waters.
                    (C) Lower revised performance standard.--
                            (i) In general.--If the Secretary, in 
                        consultation with the Administrator, determines 
                        on the basis of the feasibility review and 
                        after an opportunity for a public hearing that 
                        no ballast water treatment technology can be 
                        certified under section 6 to comply with the 
                        revised ballast water performance standard 
                        under paragraph (1), the Secretary shall 
                        require the use of the treatment technology 
                        that achieves the performance levels of the 
                        best treatment technology available.
                            (ii) Implementation deadline.--If the 
                        Secretary, in consultation with the 
                        Administrator, determines that the treatment 
                        technology under clause (i) cannot be 
                        implemented before the implementation deadline 
                        under paragraph (3) with respect to a class of 
                        vessels, the Secretary shall extend the 
                        implementation deadline for that class of 
                        vessels for not more than 36 months.
                            (iii) Compliance.--If the implementation 
                        deadline under paragraph (3) is extended, the 
                        Secretary shall recommend action to ensure 
                        compliance with the extended implementation 
                        deadline under clause (ii).
                    (D) Higher revised performance standard.--
                            (i) In general.--If the Secretary, in 
                        consultation with the Administrator, determines 
                        that ballast water treatment technology exists 
                        that exceeds the revised ballast water 
                        performance standard under paragraph (1) with 
                        respect to a class of vessels, the Secretary 
                        shall revise the ballast water performance 
                        standard for that class of vessels to 
                        incorporate the higher performance standard.
                            (ii) Implementation deadline.--If the 
                        Secretary, in consultation with the 
                        Administrator, determines that the treatment 
                        technology under clause (i) can be implemented 
                        before the implementation deadline under 
                        paragraph (3) with respect to a class of 
                        vessels, the Secretary shall accelerate the 
                        implementation deadline for that class of 
                        vessels. If the implementation deadline under 
                        paragraph (3) is accelerated, the Secretary 
                        shall provide not less than 24 months notice 
                        before the accelerated deadline takes effect.
            (3) Implementation deadline.--The revised ballast water 
        performance standard under paragraph (1) shall apply to a 
        vessel beginning on the date of the first drydocking of the 
        vessel on or after January 1, 2022, but not later than December 
        31, 2024.
            (4) Revised performance standard compliance deadlines.--
                    (A) In general.--The Secretary may establish a 
                compliance deadline for compliance by a vessel (or a 
                class, type, or size of vessel) with a revised ballast 
                water performance standard under this subsection.
                    (B) Process for granting extensions.--In issuing 
                regulations under this subsection, the Secretary shall 
                establish a process for an owner or operator to submit 
                a petition to the Secretary for an extension of a 
                compliance deadline with respect to the vessel of the 
                owner or operator.
                    (C) Period of extensions.--An extension issued 
                under subparagraph (B) may--
                            (i) apply for a period of not to exceed 18 
                        months from the date of the applicable deadline 
                        under subparagraph (A); and
                            (ii) be renewable for an additional period 
                        of not to exceed 18 months.
                    (D) Factors.--In issuing a compliance deadline or 
                reviewing a petition under this paragraph, the 
                Secretary shall consider, with respect to the ability 
                of an owner or operator to meet a compliance deadline, 
                the following factors:
                            (i) Whether the treatment technology to be 
                        installed is available in sufficient quantities 
                        to meet the compliance deadline.
                            (ii) Whether there is sufficient shipyard 
                        or other installation facility capacity.
                            (iii) Whether there is sufficient 
                        availability of engineering and design 
                        resources.
                            (iv) Vessel characteristics, such as engine 
                        room size, layout, or a lack of installed 
                        piping.
                            (v) Electric power generating capacity 
                        aboard the vessel.
                            (vi) Safety of the vessel and crew.
                    (E) Consideration of petitions.--
                            (i) Determinations.--The Secretary shall 
                        approve or deny a petition for an extension of 
                        a compliance deadline submitted by an owner or 
                        operator under this paragraph.
                            (ii) Deadline.--If the Secretary does not 
                        approve or deny a petition referred to in 
                        clause (i) on or before the last day of the 90-
                        day period beginning on the date of submission 
                        of the petition, the petition shall be deemed 
                        approved.
    (c) Future Revisions of Vessel Incidental Discharge Standards; 
Decennial Reviews.--
            (1) Revised ballast water performance standards.--The 
        Secretary, in consultation with the Administrator, shall 
        complete a review, 10 years after the issuance of a final rule 
        under subsection (b) and every 10 years thereafter, to 
        determine whether further revision of the ballast water 
        performance standard would result in a scientifically 
        demonstrable and substantial reduction in the risk of the 
        introduction or establishment of aquatic nuisance species.
            (2) Revised standards for discharges other than ballast 
        water.--The Secretary, in consultation with the Administrator, 
        may include in a decennial review under this subsection best 
        management practices for discharges covered by subsection 
        (a)(2). The Secretary shall initiate a rulemaking to revise 1 
        or more best management practices for such discharges after a 
        decennial review if the Secretary, in consultation with the 
        Administrator, determines that revising 1 or more of such 
        practices would substantially reduce the impacts on navigable 
        waters of discharges incidental to the normal operation of a 
        vessel other than ballast water.
            (3) Considerations.--In conducting a review under paragraph 
        (1), the Secretary, the Administrator, and the heads of other 
        appropriate Federal agencies as determined by the Secretary, 
        shall consider the criteria under section 5(b)(2)(B).
            (4) Revision after decennial review.--The Secretary shall 
        initiate a rulemaking to revise the current ballast water 
        performance standard after a decennial review if the Secretary, 
        in consultation with the Administrator, determines that 
        revising the current ballast water performance standard would 
        result in a scientifically demonstrable and substantial 
        reduction in the risk of the introduction or establishment of 
        aquatic nuisance species.

SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION.

    (a) Certification Required.--Beginning 60 days after the date that 
the requirements for testing protocols are issued under subsection (i), 
no manufacturer of a ballast water treatment technology shall sell, 
offer for sale, or introduce or deliver for introduction into 
interstate commerce, or import into the United States for sale or 
resale, a ballast water treatment technology for a vessel unless the 
treatment technology has been certified under this section.
    (b) Certification Process.--
            (1) Evaluation.--Upon application of a manufacturer, the 
        Secretary shall evaluate a ballast water treatment technology 
        with respect to--
                    (A) the effectiveness of the treatment technology 
                in achieving the current ballast water performance 
                standard when installed on a vessel (or a class, type, 
                or size of vessel);
                    (B) the compatibility with vessel design and 
                operations;
                    (C) the effect of the treatment technology on 
                vessel safety;
                    (D) the impact on the environment;
                    (E) the cost effectiveness; and
                    (F) any other criteria the Secretary considers 
                appropriate.
            (2) Approval.--If after an evaluation under paragraph (1) 
        the Secretary determines that the treatment technology meets 
        the criteria, the Secretary may certify the treatment 
        technology for use on a vessel (or a class, type, or size of 
        vessel).
            (3) Suspension and revocation.--The Secretary shall 
        establish, by regulation, a process to suspend or revoke a 
        certification issued under this section.
    (c) Certification Conditions.--
            (1) Imposition of conditions.--In certifying a ballast 
        water treatment technology under this section, the Secretary, 
        in consultation with the Administrator, may impose any 
        condition on the subsequent installation, use, or maintenance 
        of the treatment technology onboard a vessel as is necessary 
        for--
                    (A) the safety of the vessel, the crew of the 
                vessel, and any passengers aboard the vessel;
                    (B) the protection of the environment; or
                    (C) the effective operation of the treatment 
                technology.
            (2) Failure to comply.--The failure of an owner or operator 
        to comply with a condition imposed under paragraph (1) shall be 
        considered a violation of this section.
    (d) Period for Use of Installed Treatment Equipment.--
Notwithstanding anything to the contrary in this Act or any other 
provision of law, the Secretary shall allow a vessel on which a system 
is installed and operated to meet a ballast water performance standard 
under this Act to continue to use that system, notwithstanding any 
revision of a ballast water performance standard occurring after the 
system is ordered or installed until the expiration of the service life 
of the system, as determined by the Secretary, so long as the system--
            (1) is maintained in proper working condition; and
            (2) is maintained and used in accordance with the 
        manufacturer's specifications and any treatment technology 
        certification conditions imposed by the Secretary under this 
        section.
    (e) Certificates of Type Approval for the Treatment Technology.--
            (1) Issuance.--If the Secretary approves a ballast water 
        treatment technology for certification under subsection (b), 
        the Secretary shall issue a certificate of type approval for 
        the treatment technology to the manufacturer in such form and 
        manner as the Secretary determines appropriate.
            (2) Certification conditions.--A certificate of type 
        approval issued under paragraph (1) shall specify each 
        condition imposed by the Secretary under subsection (c).
            (3) Owners and operators.--A manufacturer that receives a 
        certificate of type approval for the treatment technology under 
        this subsection shall provide a copy of the certificate to each 
        owner and operator of a vessel on which the treatment 
        technology is installed.
    (f) Inspections.--An owner or operator who receives a copy of a 
certificate under subsection (e)(3) shall retain a copy of the 
certificate onboard the vessel and make the copy of the certificate 
available for inspection at all times while the owner or operator is 
utilizing the treatment technology.
    (g) Biocides.--The Secretary may not approve a ballast water 
treatment technology under subsection (b) if--
            (1) it uses a biocide or generates a biocide that is a 
        pesticide, as defined in section 2 of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136), unless the 
        biocide is registered under that Act or the Secretary, in 
        consultation with Administrator, has approved the use of the 
        biocide in such treatment technology; or
            (2) it uses or generates a biocide the discharge of which 
        causes or contributes to a violation of a water quality 
        standard under section 303 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1313).
    (h) Prohibition.--
            (1) In general.--Except as provided in paragraph (2), the 
        use of a ballast water treatment technology by an owner or 
        operator of a vessel shall not satisfy the requirements of this 
        Act unless it has been approved by the Secretary under 
        subsection (b).
            (2) Exceptions.--
                    (A) Coast guard shipboard technology evaluation 
                program.--An owner or operator may use a ballast water 
                treatment technology that has not been certified by the 
                Secretary to comply with the requirements of this 
                section if the technology is being evaluated under the 
                Coast Guard Shipboard Technology Evaluation Program.
                    (B) Ballast water treatment technologies certified 
                by foreign entities.--An owner or operator may use a 
                ballast water treatment technology that has not been 
                certified by the Secretary to comply with the 
                requirements of this section if the technology has been 
                certified by a foreign entity and the certification 
                demonstrates performance and safety of the treatment 
                technology equivalent to the requirements of this 
                section, as determined by the Secretary.
    (i) Testing Protocols.--Not later than 180 days after the date of 
enactment of this Act, the Administrator, in consultation with the 
Secretary, shall issue requirements for land-based and shipboard 
testing protocols or criteria for--
            (1) certifying the performance of each ballast water 
        treatment technology under this section; and
            (2) certifying laboratories to evaluate such treatment 
        technologies.

SEC. 7. EXEMPTIONS.

    (a) In General.--No permit shall be required or prohibition 
enforced under any other provision of law for, nor shall any standards 
regarding a discharge incidental to the normal operation of a vessel 
under this Act apply to--
            (1) a discharge incidental to the normal operation of a 
        vessel if the vessel is less than 79 feet in length and engaged 
        in commercial service (as defined in section 2101(5) of title 
        46, United States Code);
            (2) a discharge incidental to the normal operation of a 
        vessel if the vessel is a fishing vessel, including a fish 
        processing vessel and a fish tender vessel, (as defined in 
        section 2101 of title 46, United States Code);
            (3) a discharge incidental to the normal operation of a 
        vessel if the vessel is a recreational vessel (as defined in 
        section 2101(25) of title 46, United States Code);
            (4) the placement, release, or discharge of equipment, 
        devices, or other material from a vessel for the sole purpose 
        of conducting research on the aquatic environment or its 
        natural resources in accordance with generally recognized 
        scientific methods, principles, or techniques;
            (5) any discharge into navigable waters from a vessel 
        authorized by an on-scene coordinator in accordance with part 
        300 of title 40, Code of Federal Regulations, or part 153 of 
        title 33, Code of Federal Regulations;
            (6) any discharge into navigable waters from a vessel that 
        is necessary to secure the safety of the vessel or human life, 
        or to suppress a fire onboard the vessel or at a shoreside 
        facility; or
            (7) a vessel of the armed forces of a foreign nation when 
        engaged in noncommercial service.
    (b) Ballast Water Discharges.--No permit shall be required or 
prohibition enforced under any other provision of law for, nor shall 
any ballast water performance standards under this Act apply to--
            (1) a ballast water discharge incidental to the normal 
        operation of a vessel determined by the Secretary to--
                    (A) operate exclusively within a geographically 
                limited area;
                    (B) take up and discharge ballast water exclusively 
                within 1 Captain of the Port Zone established by the 
                Coast Guard unless the Secretary determines such 
                discharge poses a substantial risk of introduction or 
                establishment of an aquatic nuisance species;
                    (C) operate pursuant to a geographic restriction 
                issued as a condition under section 3309 of title 46, 
                United States Code, or an equivalent restriction issued 
                by the country of registration of the vessel; or
                    (D) continuously take on and discharge ballast 
                water in a flow-through system that does not introduce 
                aquatic nuisance species into navigable waters;
            (2) a ballast water discharge incidental to the normal 
        operation of a vessel consisting entirely of water suitable for 
        human consumption; or
            (3) a ballast water discharge incidental to the normal 
        operation of a vessel in an alternative compliance program 
        established pursuant to section (8).
    (c) Vessels With Permanent Ballast Water.--No permit shall be 
required or prohibition enforced under any other provision of law for, 
nor shall any ballast water performance standard under this Act apply 
to, a vessel that carries all of its permanent ballast water in sealed 
tanks that are not subject to discharge.
    (d) Vessels of the Armed Forces.--Nothing in this Act shall be 
construed to apply to a vessel of the Armed Forces, as defined in 
section 101(a) of title 10, United States Code.

SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM.

    (a) In General.--The Secretary, in consultation with the 
Administrator, may promulgate regulations establishing 1 or more 
compliance programs as an alternative to ballast water management 
regulations issued under section 5 for a vessel that--
            (1) has a maximum ballast water capacity of less than 8 
        cubic meters;
            (2) is less than 3 years from the end of the useful life of 
        the vessel, as determined by the Secretary; or
            (3) discharges ballast water into a facility for the 
        reception of ballast water that meets standards promulgated by 
        the Administrator, in consultation with the Secretary.
    (b) Promulgation of Facility Standards.--Not later than 1 year 
after the date of enactment of this Act, the Administrator, in 
consultation with the Secretary, shall promulgate standards for--
            (1) the reception of ballast water from a vessel into a 
        reception facility; and
            (2) the disposal or treatment of the ballast water under 
        paragraph (1).

SEC. 9. JUDICIAL REVIEW.

    (a) In General.--An interested person may file a petition for 
review of a final regulation promulgated under this Act in the United 
States Court of Appeals for the District of Columbia Circuit.
    (b) Deadline.--A petition shall be filed not later than 120 days 
after the date that notice of the promulgation appears in the Federal 
Register.
    (c) Exception.--Notwithstanding subsection (b), a petition that is 
based solely on grounds that arise after the deadline to file a 
petition under subsection (b) has passed may be filed not later than 
120 days after the date that the grounds first arise.

SEC. 10. EFFECT ON STATE AUTHORITY.

    (a) In General.--No State or political subdivision thereof may 
adopt or enforce any statute or regulation of the State or political 
subdivision with respect to a discharge incidental to the normal 
operation of a vessel after the date of enactment of this Act.
    (b) Savings Clause.--Notwithstanding subsection (a), a State or 
political subdivision thereof may enforce a statute or regulation of 
the State or political subdivision with respect to ballast water 
discharges incidental to the normal operation of a vessel that 
specifies a ballast water performance standard that is more stringent 
than the ballast water performance standard under section 5(a)(1)(A) 
and is in effect on the date of enactment of this Act if the Secretary, 
after consultation with the Administrator and any other Federal 
department or agency the Secretary considers appropriate, makes a 
determination that--
            (1) compliance with any performance standard specified in 
        the statute or regulation can in fact be achieved and detected;
            (2) the technology and systems necessary to comply with the 
        statute or regulation are commercially available; and
            (3) the statute or regulation is consistent with 
        obligations under relevant international treaties or agreements 
        to which the United States is a party.
    (c) Petition Process.--
            (1) Submission.--The Governor of a State seeking to enforce 
        a statute or regulation under subsection (b) shall submit a 
        petition requesting the Secretary to review the statute or 
        regulation.
            (2) Contents; deadline.--A petition shall--
                    (A) be accompanied by the scientific and technical 
                information on which the petition is based; and
                    (B) be submitted to the Secretary not later than 90 
                days after the date of enactment of this Act.
            (3) Determinations.--The Secretary shall make a 
        determination on a petition under this subsection not later 
        than 90 days after the date that the petition is received.

SEC. 11. APPLICATION WITH OTHER STATUTES.

    Notwithstanding any other provision of law, this Act shall be the 
exclusive statutory authority for regulation by the Federal Government 
of discharges incidental to the normal operation of a vessel to which 
this Act applies. Except as provided under section 5(a)(1)(A), any 
regulation in effect on the date immediately preceding the effective 
date of this Act relating to any permitting requirement for or 
prohibition on discharges incidental to the normal operation of a 
vessel to which this Act applies shall be deemed to be a regulation 
issued pursuant to the authority of this Act and shall remain in full 
force and effect unless or until superseded by new regulations issued 
hereunder.
                                 <all>
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