I 

108TH CONGRESS 

1ST SESSION H. R. 989

To require the issuance of regulations pursuant to the National Invasive 

Species Act of 1996 to assure, to the maximum extent practicable, 

that vessels entering the Great Lakes do not discharge ballast water 

that introduces or spreads nonindigenous aquatic species and treat such 

ballast water and its sediments through the most effective and efficient 

techniques available, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2003

Mr. HOEKSTRA introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the 

maximum extent practicable, that vessels entering the 

Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat 

such ballast water and its sediments through the most 

effective and efficient techniques available, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Great Lakes Ecology 

3 Protection Act of 2003’’. 

4 SEC. 2. BALLAST WATER TREATMENT REGULATIONS RE5 QUIRED. 

6 (a) IN GENERAL.—Section 1101(b) of the Nonindige7 nous Aquatic Nuisance Prevention and Control Act of 

8 1990 (16 U.S.C. 4711(b)) is amended by striking para9 graphs (1) and (2) and inserting the following: 

10 ‘‘(1) IN GENERAL.—The Secretary of Transpor11 tation shall issue regulations to prevent the intro12 duction and spread of aquatic nuisance species with13 in the Great Lakes. 

14 ‘‘(2) CONTENTS OF THE REGULATIONS.—The 

15 regulations required by paragraph (1) shall—

16 ‘‘(A) ensure to the maximum extent prac17 ticable that ballast water containing aquatic 

18 nuisance species is not discharged into the 

19 Great Lakes; 

20 ‘‘(B) protect the safety of each vessel, its 

21 crew, and passengers, if any; 

22 ‘‘(C) apply to all vessels capable of dis23 charging ballast water, whether equipped with 

24 ballast water tank systems or otherwise, that 

25 enter the Great Lakes after operating on waters 

26 beyond the exclusive economic zone; 
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1 ‘‘(D) require such vessels to—

2 ‘‘(i) carry out any discharge or ex3 change of ballast water before entering the 

4 Great Lakes; or 

5 ‘‘(ii) carry out any discharge or ex6 change of ballast water within the Great 

7 Lakes only in compliance with the regula8 tions; 

9 ‘‘(E) take into consideration different ves10 sel operating conditions; 

11 ‘‘(F) require the use of environmentally 

12 sound treatment methods for ballast water and 

13 ballast sediments in preventing and controlling 

14 infestations of aquatic nuisance species; 

15 ‘‘(G) provide for certification by the master 

16 of each vessel entering the Great Lakes that 

17 such vessel is in compliance with the regula18 tions; 

19 ‘‘(H) assure compliance through—

20 ‘‘(i) sampling procedures; 

21 ‘‘(ii) inspection of records; and 

22 ‘‘(iii) imposition of sanctions in ac23 cordance with subsection (g)(1); 

24 ‘‘(I) be based on the best scientific infor25 mation available;
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1 ‘‘(J) not supersede or adversely affect any 

2 requirement or prohibition pertaining to the 

3 discharge of ballast water into the waters of the 

4 United States under the Federal Water Pollu5 tion Control Act (33 U.S.C. 1251 et seq.); and 

6 ‘‘(K) include such other matters as the 

7 Secretary considers appropriate.’’. 

8 (b) TREATMENT METHODS DEFINED.—Section 1003 

9 of such Act (16 U.S.C. 4702) is amended by—

10 (1) redesignating paragraphs (13), (14), (15), 

11 (16), and (17) in order as paragraphs (14), (15), 

12 (16), (17), and (18); and 

13 (2) inserting after paragraph (12) the following: 

14 ‘‘(13) ‘treatment methods’ means the treatment 

15 of the contents of ballast water tanks, including the 

16 sediments within such tanks, to remove or destroy 

17 living biological organisms through—

18 ‘‘(A) filtration; 

19 ‘‘(B) the application of biocides or ultra20 violet light; 

21 ‘‘(C) thermal methods; or 

22 ‘‘(D) other treatment techniques approved 

23 by the Secretary;’’. 

24 (c) MAXIMIZING PUBLIC PARTICIPATION IN THE

25 FORMULATION OF REQUIRED REGULATIONS.—The Sec-
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1 retary of Transportation shall maximize public participa2 tion in the issuance of regulations required by the amend3 ment made by subsection (a), by—

4 (1) publishing an advance notice of proposed 

5 rulemaking; 

6 (2) publishing the advance notice of proposed 

7 rulemaking and the proposed rule through means 

8 designed to reach persons likely to be subject to or 

9 affected by the regulations; 

10 (3) making the text of the advance notice of 

11 proposed rulemaking and of the proposed rule avail12 able through electronic means; 

13 (4) providing not less than 120 days for public 

14 comment on the proposed rule; 

15 (5) providing for an effective date that is not 

16 less than 30 days after the date of publication of the 

17 final rule; and 

18 (6) such other means as the Secretary considers 

19 appropriate. 

20 (d) REQUIRED REGULATORY SCHEDULE.—

21 (1) ISSUANCE OF ADVANCE NOTICE OF PRO22 POSED RULEMAKING.—

23 (A) IN GENERAL.—The Secretary shall 

24 issue an advance notice of proposed rulemaking 

25 for the regulations required by the amendment
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1 made by subsection (a) within 120 days after 

2 the date of enactment of this Act. 

3 (B) TIMETABLE FOR IMPLEMENTATION.—

4 The advanced notice of proposed rulemaking 

5 shall contain a detailed timetable for—

6 (i) the implementation of treatment 

7 methods determined to be technologically 

8 available and cost-effective at the time of 

9 the publication of the advanced notice of 

10 proposed rulemaking; and 

11 (ii) the development, testing, evalua12 tion, approval, and implementation of addi13 tional technologically innovative treatment 

14 methods. 

15 (2) ISSUANCE OF FINAL REGULATIONS.—The 

16 Secretary shall issue final regulations—

17 (A) with respect to the implementation of 

18 treatment methods referred to in paragraph 

19 (1)(B)(i), by not later than 270 days after the 

20 date of enactment of this Act; and 

21 (B) with respect to the additional techno22 logically innovative treatment methods referred 

23 to in paragraph (1)(B)(ii), by not later than the 

24 earlier of—
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1 (i) the date established by the time2 table under paragraph (1)(B) for imple3 mentation of such methods; or 

4 (ii) 720 days after the date of enact5 ment of this Act.

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