II 

114TH CONGRESS 

1ST SESSION S. 373 

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 

FEBRUARY 4, 2015 

Mr. RUBIO (for himself, Mr. THUNE, and Mr. NELSON) 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: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purpose. 

Sec. 3. Definitions. 


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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 in 1980 with the enactment of 

5 the Act to Prevent Pollution from Ships (33 U.S.C. 

6 1901 et seq.), the Coast Guard has been the prin7 cipal Federal authority charged with administering, 

8 enforcing, and prescribing regulations relating to the 

9 discharge of pollutants from vessels engaged in mar10 itime 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. 

20 (4) Over the 32 years during which this regu21 latory exemption was in effect, Congress enacted 


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1 statutes on a number of occasions dealing with the 

2 regulation of discharges incidental to the normal op3 eration of a vessel, including— 

4 (A) the Act to Prevent Pollution from 

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

6 (B) the Nonindigenous Aquatic Nuisance 

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

8 4701 et seq.); 

9 (C) the National Invasive Species Act of 

10 1996 (Public Law 104–332; 110 Stat. 4073); 

11 (D) section 415 of the Coast Guard Au12 thorization Act of 1998 (Public Law 105–383; 

13 112 Stat. 3434) and section 623 of the Coast 

14 Guard and Maritime Transportation Act of 

15 2004 (Public Law 108–293; 33 U.S.C. 1901 

16 note), which established interim and permanent 

17 requirements, respectively, for the regulation of 

18 vessel discharges of certain bulk cargo residue; 

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

20 of the Consolidated Appropriations Act, 2001 

21 (Public Law 106–554; 114 Stat. 2763A–315), 

22 which prohibited or limited certain vessel dis23 charges in certain areas of Alaska; 

24 (F) section 204 of the Maritime Transpor25 tation Security Act of 2002 (33 U.S.C. 1902a), 


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1 which established requirements for the regula2 tion of vessel discharges of agricultural cargo 

3 residue material in the form of hold washings; 

4 and 

5 (G) title X of the Coast Guard Authoriza6 tion Act of 2010 (33 U.S.C. 3801 et seq.), 

7 which provided for the implementation of the 

8 International Convention on the Control of 

9 Harmful Anti-Fouling Systems on Ships, 2001. 

10 (b) PURPOSE.—The purpose of this Act is to provide 

11 for the establishment of nationally uniform and environ12 mentally sound standards and requirements for the man13 agement of discharges incidental to the normal operation 

14 of a vessel. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

20 (2) AQUATIC NUISANCE SPECIES.—The term 

21 ‘‘aquatic nuisance species’’ means a nonindigenous 

22 species (including a pathogen) that threatens the di23 versity or abundance of native species or the ecologi24 cal stability of navigable waters or commercial, agriVerDate Sep 11 2014 22:10 Feb 12, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S373.IS S373

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1 cultural, aquacultural, or recreational activities de2 pendent on such waters. 

3 (3) BALLAST WATER.— 

4 (A) IN GENERAL.—The term ‘‘ballast 

5 water’’ means any water, including any sedi6 ment suspended in such water, taken aboard a 

7 vessel— 

8 (i) to control trim, list, draught, sta9 bility, or stresses of the vessel; or 

10 (ii) during the cleaning, maintenance, 

11 or other operation of a ballast water treat12 ment technology of the vessel. 

13 (B) EXCLUSIONS.—The term ‘‘ballast 

14 water’’ does not include any pollutant that is 

15 added to water described in subparagraph (A) 

16 that is not directly related to the operation of 

17 a properly functioning ballast water treatment 

18 technology under this Act. 

19 (4) BALLAST WATER PERFORMANCE STAND20 ARD.—The term ‘‘ballast water performance stand21 ard’’ means the numerical ballast water discharge 

22 standard set forth in section 151.2030 of title 33, 

23 Code of Federal Regulations or section 151.1511 of 

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

25 or a revised numerical ballast water performance 


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

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

3 (5) BALLAST WATER TREATMENT TECHNOLOGY

4 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

5 water treatment technology’’ or ‘‘treatment tech6 nology’’ means any mechanical, physical, chemical, 

7 or biological process used, alone or in combination, 

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

9 discharge of aquatic nuisance species within ballast 

10 water. 

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

12 substance or organism, including a virus or fungus, 

13 that is introduced into or produced by a ballast 

14 water treatment technology to reduce or eliminate 

15 aquatic nuisance species as part of the process used 

16 to comply with a ballast water performance standard 

17 under this Act. 

18 (7) DISCHARGE INCIDENTAL TO THE NORMAL

19 OPERATION OF A VESSEL.— 

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

21 incidental to the normal operation of a vessel’’ 

22 means— 

23 (i) a discharge into navigable waters 

24 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 by the final rule; correction 

21 of the Standards for Living Organisms in 

22 Ships’ Ballast Water Discharged in U.S. 

23 Waters (77 Fed. Reg. 33969 (June 8, 2012)), 

24 shall be the management requirements for a 

25 ballast water discharge incidental to the normal 


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1 operation of a vessel until the Secretary revises 

2 the ballast water performance standard under 

3 subsection (b) or adopts a more stringent State 

4 standard under subparagraph (B) of this para5 graph. 

6 (B) ADOPTION OF MORE STRINGENT

7 STATE STANDARD.—If the Secretary makes a 

8 determination in favor of a State petition under 

9 section 10, the Secretary shall adopt the more 

10 stringent ballast water performance standard 

11 specified in the statute or regulation that is the 

12 subject of that State petition in lieu of the bal13 last water performance standard in the final 

14 rule described under subparagraph (A). 

15 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

16 DISCHARGES OTHER THAN BALLAST WATER.—Not 

17 later than 2 years after the date of enactment of 

18 this Act, the Secretary, in consultation with the Ad19 ministrator, shall issue a final rule establishing best 

20 management practices for discharges incidental to 

21 the normal operation of a vessel other than ballast 

22 water. 

23 (b) REVISED BALLAST WATER PERFORMANCE

24 STANDARD; 8-YEAR REVIEW.— 


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1 (1) IN GENERAL.—Subject to the feasibility re2 view under paragraph (2), not later than January 1, 

3 2022, the Secretary, in consultation with the Admin4 istrator, shall issue a final rule revising the ballast 

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

6 so that a ballast water discharge incidental to the 

7 normal operation of a vessel will contain— 

8 (A) less than 1 organism that is living or 

9 has not been rendered harmless per 10 cubic 

10 meters that is 50 or more micrometers in min11 imum dimension; 

12 (B) less than 1 organism that is living or 

13 has not been rendered harmless per 10 milli14 liters that is less than 50 micrometers in min15 imum dimension and more than 10 micrometers 

16 in minimum dimension; 

17 (C) concentrations of indicator microbes 

18 that are less than— 

19 (i) 1 colony-forming unit of 

20 toxicogenic Vibrio cholera (serotypes O1 

21 and O139) per 100 milliliters or less than 

22 1 colony-forming unit of that microbe per 

23 gram of wet weight of zoological samples; 

24 (ii) 126 colony-forming units of esch25 erichia coli per 100 milliliters; and 


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1 (iii) 33 colony-forming units of intes2 tinal enterococci per 100 milliliters; and 

3 (D) concentrations of such additional indi4 cator microbes and of viruses as may be speci5 fied in regulations issued by the Secretary in 

6 consultation with the Administrator and such 

7 other Federal agencies as the Secretary and the 

8 Administrator consider appropriate. 

9 (2) FEASIBILITY REVIEW.— 

10 (A) IN GENERAL.—No later than January 

11 1, 2020, the Secretary, in consultation with the 

12 Administrator, shall complete a review to deter13 mine the feasibility of achieving the revised bal14 last water performance standard under para15 graph (1). 

16 (B) CRITERIA FOR REVIEW OF BALLAST

17 WATER PERFORMANCE STANDARD.—In con18 ducting a review under subparagraph (A), the 

19 Secretary shall consider whether revising the 

20 ballast water performance standard will result 

21 in a scientifically demonstrable and substantial 

22 reduction in the risk of introduction or estab23 lishment of aquatic nuisance species, taking 

24 into account— 


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1 (i) improvements in the scientific un2 derstanding of biological and ecological 

3 processes that lead to the introduction or 

4 establishment of aquatic nuisance species; 

5 (ii) improvements in ballast water 

6 treatment technology, including— 

7 (I) the capability of such treat8 ment technology to achieve a revised 

9 ballast water performance standard; 

10 (II) the effectiveness and reli11 ability of such treatment technology in 

12 the shipboard environment; 

13 (III) the compatibility of such 

14 treatment technology with the design 

15 and operation of a vessel by class, 

16 type, and size; 

17 (IV) the commercial availability 

18 of such treatment technology; and 

19 (V) the safety of such treatment 

20 technology; 

21 (iii) improvements in the capabilities 

22 to detect, quantify, and assess the viability 

23 of aquatic nuisance species at the con24 centrations under consideration; 


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1 (iv) the impact of ballast water treat2 ment technology on water quality; and 

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

4 impacts of— 

5 (I) a revised ballast water per6 formance standard, including the po7 tential impacts on shipping, trade, 

8 and other uses of the aquatic environ9 ment; and 

10 (II) maintaining the existing bal11 last water performance standard, in12 cluding the potential impacts on 

13 water-related infrastructure, recre14 ation, propagation of native fish, 

15 shellfish, and wildlife, and other uses 

16 of navigable waters. 

17 (C) LOWER REVISED PERFORMANCE

18 STANDARD.— 

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

20 consultation with the Administrator, deter21 mines on the basis of the feasibility review 

22 and after an opportunity for a public hear23 ing that no ballast water treatment tech24 nology can be certified under section 6 to 

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1 formance standard under paragraph (1), 

2 the Secretary shall require the use of the 

3 treatment technology that achieves the per4 formance levels of the best treatment tech5 nology available. 

6 (ii) IMPLEMENTATION DEADLINE.—If 

7 the Secretary, in consultation with the Ad8 ministrator, determines that the treatment 

9 technology under clause (i) cannot be im10 plemented before the implementation dead11 line under paragraph (3) with respect to a 

12 class of vessels, the Secretary shall extend 

13 the implementation deadline for that class 

14 of vessels for not more than 36 months. 

15 (iii) COMPLIANCE.—If the implemen16 tation deadline under paragraph (3) is ex17 tended, the Secretary shall recommend ac18 tion to ensure compliance with the ex19 tended implementation deadline under 

20 clause (ii). 

21 (D) HIGHER REVISED PERFORMANCE

22 STANDARD.— 

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

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1 nology exists that exceeds the revised bal2 last water performance standard under 

3 paragraph (1) with respect to a class of 

4 vessels, the Secretary shall revise the bal5 last water performance standard for that 

6 class of vessels to incorporate the higher 

7 performance standard. 

8 (ii) IMPLEMENTATION DEADLINE.—If 

9 the Secretary, in consultation with the Ad10 ministrator, determines that the treatment 

11 technology under clause (i) can be imple12 mented before the implementation deadline 

13 under paragraph (3) with respect to a 

14 class of vessels, the Secretary shall accel15 erate the implementation deadline for that 

16 class of vessels. If the implementation 

17 deadline under paragraph (3) is acceler18 ated, the Secretary shall provide not less 

19 than 24 months notice before the acceler20 ated deadline takes effect. 

21 (3) IMPLEMENTATION DEADLINE.—The revised 

22 ballast water performance standard under paragraph 

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

24 the first drydocking of the vessel on or after Janu25 ary 1, 2022, but not later than December 31, 2024. 


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1 (4) REVISED PERFORMANCE STANDARD COM2 PLIANCE DEADLINES.— 

3 (A) IN GENERAL.—The Secretary may es4 tablish a compliance deadline for compliance by 

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

6 a revised ballast water performance standard 

7 under this subsection. 

8 (B) PROCESS FOR GRANTING EXTEN9 SIONS.—In issuing regulations under this sub10 section, the Secretary shall establish a process 

11 for an owner or operator to submit a petition 

12 to the Secretary for an extension of a compli13 ance deadline with respect to the vessel of the 

14 owner or operator. 

15 (C) PERIOD OF EXTENSIONS.—An exten16 sion issued under subparagraph (B) may— 

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

18 18 months from the date of the applicable 

19 deadline under subparagraph (A); and 

20 (ii) be renewable for an additional pe21 riod of not to exceed 18 months. 

22 (D) FACTORS.—In issuing a compliance 

23 deadline or reviewing a petition under this 

24 paragraph, the Secretary shall consider, with 

25 respect to the ability of an owner or operator to 


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1 meet a compliance deadline, the following fac2 tors: 

3 (i) Whether the treatment technology 

4 to be installed is available in sufficient 

5 quantities to meet the compliance deadline. 

6 (ii) Whether there is sufficient ship7 yard or other installation facility capacity. 

8 (iii) Whether there is sufficient avail9 ability of engineering and design resources. 

10 (iv) Vessel characteristics, such as en11 gine room size, layout, or a lack of in12 stalled piping. 

13 (v) Electric power generating capacity 

14 aboard the vessel. 

15 (vi) Safety of the vessel and crew. 

16 (E) CONSIDERATION OF PETITIONS.— 

17 (i) DETERMINATIONS.—The Secretary 

18 shall approve or deny a petition for an ex19 tension of a compliance deadline submitted 

20 by an owner or operator under this para21 graph. 

22 (ii) DEADLINE.—If the Secretary does 

23 not approve or deny a petition referred to 

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

25 the 90-day period beginning on the date of 


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1 submission of the petition, the petition 

2 shall be deemed approved. 

3 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL

4 DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 

5 (1) REVISED BALLAST WATER PERFORMANCE

6 STANDARDS.—The Secretary, in consultation with 

7 the Administrator, shall complete a review, 10 years 

8 after the issuance of a final rule under subsection 

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

10 whether further revision of the ballast water per11 formance standard would result in a scientifically de12 monstrable and substantial reduction in the risk of 

13 the introduction or establishment of aquatic nui14 sance species. 

15 (2) REVISED STANDARDS FOR DISCHARGES

16 OTHER THAN BALLAST WATER.—The Secretary, in 

17 consultation with the Administrator, may include in 

18 a decennial review under this subsection best man19 agement practices for discharges covered by sub20 section (a)(2). The Secretary shall initiate a rule21 making to revise 1 or more best management prac22 tices for such discharges after a decennial review if 

23 the Secretary, in consultation with the Adminis24 trator, determines that revising 1 or more of such 

25 practices would substantially reduce the impacts on 


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1 navigable waters of discharges incidental to the nor2 mal operation of a vessel other than ballast water. 

3 (3) CONSIDERATIONS.—In conducting a review 

4 under paragraph (1), the Secretary, the Adminis5 trator, and the heads of other appropriate Federal 

6 agencies as determined by the Secretary, shall con7 sider the criteria under subsection (b)(2)(B). 

8 (4) REVISION AFTER DECENNIAL REVIEW.— 

9 The Secretary shall initiate a rulemaking to revise 

10 the current ballast water performance standard after 

11 a decennial review if the Secretary, in consultation 

12 with the Administrator, determines that revising the 

13 current ballast water performance standard would 

14 result in a scientifically demonstrable and substan15 tial reduction in the risk of the introduction or es16 tablishment of aquatic nuisance species. 

17 SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION. 

18 (a) CERTIFICATION REQUIRED.—Beginning 1 year 

19 after the date that the requirements for testing protocols 

20 are issued under subsection (i), no manufacturer of a bal21 last water treatment technology shall sell, offer for sale, 

22 or introduce or deliver for introduction into interstate 

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

24 resale, a ballast water treatment technology for a vessel 


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1 unless the treatment technology has been certified under 

2 this section. 

3 (b) CERTIFICATION PROCESS.— 

4 (1) EVALUATION.—Upon application of a man5 ufacturer, the Secretary shall evaluate a ballast 

6 water treatment technology with respect to— 

7 (A) the effectiveness of the treatment tech8 nology in achieving the current ballast water 

9 performance standard when installed on a ves10 sel (or a class, type, or size of vessel); 

11 (B) the compatibility with vessel design 

12 and operations; 

13 (C) the effect of the treatment technology 

14 on vessel safety; 

15 (D) the impact on the environment; 

16 (E) the cost effectiveness; and 

17 (F) any other criteria the Secretary con18 siders appropriate. 

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

20 paragraph (1) the Secretary determines that the 

21 treatment technology meets the criteria, the Sec22 retary may certify the treatment technology for use 

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

24 (3) SUSPENSION AND REVOCATION.—The Sec25 retary shall establish, by regulation, a process to 


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1 suspend or revoke a certification issued under this 

2 section. 

3 (c) CERTIFICATION CONDITIONS.— 

4 (1) IMPOSITION OF CONDITIONS.—In certifying 

5 a ballast water treatment technology under this sec6 tion, the Secretary, in consultation with the Admin7 istrator, may impose any condition on the subse8 quent installation, use, or maintenance of the treat9 ment technology onboard a vessel as is necessary 

10 for— 

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

12 vessel, and any passengers aboard the vessel; 

13 (B) the protection of the environment; or 

14 (C) the effective operation of the treatment 

15 technology. 

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

17 owner or operator to comply with a condition im18 posed under paragraph (1) shall be considered a vio19 lation of this section. 

20 (d) PERIOD FOR USE OF INSTALLED TREATMENT

21 EQUIPMENT.—Notwithstanding anything to the contrary 

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

23 shall allow a vessel on which a system is installed and op24 erated to meet a ballast water performance standard 

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1 standing any revision of a ballast water performance 

2 standard occurring after the system is ordered or installed 

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

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

5 (1) is maintained in proper working condition; 

6 and 

7 (2) is maintained and used in accordance with 

8 the manufacturer’s specifications and any treatment 

9 technology certification conditions imposed by the 

10 Secretary under this section. 

11 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

12 TREATMENT TECHNOLOGY.— 

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

14 ballast water treatment technology for certification 

15 under subsection (b), the Secretary shall issue a cer16 tificate of type approval for the treatment technology 

17 to the manufacturer in such form and manner as the 

18 Secretary determines appropriate. 

19 (2) CERTIFICATION CONDITIONS.—A certificate 

20 of type approval issued under paragraph (1) shall 

21 specify each condition imposed by the Secretary 

22 under subsection (c). 

23 (3) OWNERS AND OPERATORS.—A manufac24 turer that receives a certificate of type approval for 

25 the treatment technology under this subsection shall 


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1 provide a copy of the certificate to each owner and 

2 operator of a vessel on which the treatment tech3 nology is installed. 

4 (f) INSPECTIONS.—An owner or operator who re5 ceives a copy of a certificate under subsection (e)(3) shall 

6 retain a copy of the certificate onboard the vessel and 

7 make the copy of the certificate available for inspection 

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

9 treatment technology. 

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

11 ballast water treatment technology under subsection (b) 

12 if— 

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

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

15 Insecticide, Fungicide, and Rodenticide Act (7 

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

17 that Act or the Secretary, in consultation with Ad18 ministrator, has approved the use of the biocide in 

19 such treatment technology; or 

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

21 of which causes or contributes to a violation of a 

22 water quality standard under section 303 of the 

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

24 1313). 

25 (h) PROHIBITION.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the use of a ballast water treatment tech3 nology by an owner or operator of a vessel shall not 

4 satisfy the requirements of this Act unless it has 

5 been approved by the Secretary under subsection 

6 (b). 

7 (2) EXCEPTIONS.— 

8 (A) COAST GUARD SHIPBOARD TECH9 NOLOGY EVALUATION PROGRAM.—An owner or 

10 operator may use a ballast water treatment 

11 technology that has not been certified by the 

12 Secretary to comply with the requirements of 

13 this section if the technology is being evaluated 

14 under the Coast Guard Shipboard Technology 

15 Evaluation Program. 

16 (B) BALLAST WATER TREATMENT TECH17 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

18 An owner or operator may use a ballast water 

19 treatment technology that has not been certified 

20 by the Secretary to comply with the require21 ments of this section if the technology has been 

22 certified by a foreign entity and the certification 

23 demonstrates performance and safety of the 

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1 ments of this section, as determined by the Sec2 retary. 

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

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

5 in consultation with the Secretary, shall issue require6 ments for land-based and shipboard testing protocols or 

7 criteria for— 

8 (1) certifying the performance of each ballast 

9 water treatment technology under this section; and 

10 (2) certifying laboratories to evaluate such 

11 treatment technologies. 

12 SEC. 7. EXEMPTIONS. 

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

14 prohibition enforced under any other provision of law for, 

15 nor shall any standards regarding a discharge incidental 

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

17 to— 

18 (1) a discharge incidental to the normal oper19 ation of a vessel if the vessel is less than 79 feet in 

20 length and engaged in commercial service (as de21 fined in section 2101(5) of title 46, United States 

22 Code); 

23 (2) a discharge incidental to the normal oper24 ation of a vessel if the vessel is a fishing vessel, in25 cluding a fish processing vessel and a fish tender 


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1 vessel (as defined in section 2101(11c) of title 46, 

2 United States Code); 

3 (3) a discharge incidental to the normal oper4 ation of a vessel if the vessel is a recreational vessel 

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

6 States Code); 

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

8 equipment, devices, or other material from a vessel 

9 for the sole purpose of conducting research on the 

10 aquatic environment or its natural resources in ac11 cordance with generally recognized scientific meth12 ods, principles, or techniques; 

13 (5) any discharge into navigable waters from a 

14 vessel authorized by an on-scene coordinator in ac15 cordance with part 300 of title 40, Code of Federal 

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

17 Regulations; 

18 (6) any discharge into navigable waters from a 

19 vessel that is necessary to secure the safety of the 

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

21 the vessel or at a shoreside facility; or 

22 (7) a vessel of the armed forces of a foreign na23 tion when engaged in noncommercial service. 

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

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1 sion of law for, nor shall any ballast water performance 

2 standards under this Act apply to— 

3 (1) a ballast water discharge incidental to the 

4 normal operation of a vessel determined by the Sec5 retary to— 

6 (A) operate exclusively within a geographi7 cally limited area; 

8 (B) take up and discharge ballast water 

9 exclusively within 1 Captain of the Port Zone 

10 established by the Coast Guard unless the Sec11 retary determines such discharge poses a sub12 stantial risk of introduction or establishment of 

13 an aquatic nuisance species; 

14 (C) operate pursuant to a geographic re15 striction issued as a condition under section 

16 3309 of title 46, United States Code, or an 

17 equivalent restriction issued by the country of 

18 registration of the vessel; or 

19 (D) continuously take on and discharge 

20 ballast water in a flow-through system that 

21 does not introduce aquatic nuisance species into 

22 navigable waters; 

23 (2) a ballast water discharge incidental to the 

24 normal operation of a vessel consisting entirely of 

25 water suitable for human consumption; or 


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1 (3) a ballast water discharge incidental to the 

2 normal operation of a vessel in an alternative com3 pliance program established pursuant to section 8. 

4 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

5 No permit shall be required or prohibition enforced under 

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

7 performance standard under this Act apply to, a vessel 

8 that carries all of its permanent ballast water in sealed 

9 tanks that are not subject to discharge. 

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

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

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

13 United States Code. 

14 SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM. 

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

16 with the Administrator, may promulgate regulations es17 tablishing 1 or more compliance programs as an alter18 native to ballast water management regulations issued 

19 under section 5 for a vessel that— 

20 (1) has a maximum ballast water capacity of 

21 less than 8 cubic meters; 

22 (2) is less than 3 years from the end of the use23 ful life of the vessel, as determined by the Secretary; 

24 or 


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1 (3) discharges ballast water into a facility for 

2 the reception of ballast water that meets standards 

3 promulgated by the Administrator, in consultation 

4 with the Secretary. 

5 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

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

7 the Administrator, in consultation with the Secretary, 

8 shall promulgate standards for— 

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

10 into a reception facility; and 

11 (2) the disposal or treatment of the ballast 

12 water under paragraph (1). 

13 SEC. 9. JUDICIAL REVIEW. 

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

15 petition for review of a final regulation promulgated under 

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

17 District of Columbia Circuit. 

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

19 than 120 days after the date that notice of the promulga20 tion appears in the Federal Register. 

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

22 petition that is based solely on grounds that arise after 

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

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

25 that the grounds first arise. 


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1 SEC. 10. EFFECT ON STATE AUTHORITY. 

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

3 thereof may adopt or enforce any statute or regulation of 

4 the State or political subdivision with respect to a dis5 charge incidental to the normal operation of a vessel after 

6 the date of enactment of this Act. 

7 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

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

9 a statute or regulation of the State or political subdivision 

10 with respect to ballast water discharges incidental to the 

11 normal operation of a vessel that specifies a ballast water 

12 performance standard that is more stringent than the bal13 last water performance standard under section 5(a)(1)(A) 

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

15 the Secretary, after consultation with the Administrator 

16 and any other Federal department or agency the Secretary 

17 considers appropriate, makes a determination that— 

18 (1) compliance with any performance standard 

19 specified in the statute or regulation can in fact be 

20 achieved and detected; 

21 (2) the technology and systems necessary to 

22 comply with the statute or regulation are commer23 cially available; and 

24 (3) the statute or regulation is consistent with 

25 obligations under relevant international treaties or 

26 agreements to which the United States is a party. 


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1 (c) PETITION PROCESS.— 

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

3 seeking to enforce a statute or regulation under sub4 section (b) shall submit a petition requesting the 

5 Secretary to review the statute or regulation. 

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

7 (A) be accompanied by the scientific and 

8 technical information on which the petition is 

9 based; and 

10 (B) be submitted to the Secretary not later 

11 than 90 days after the date of enactment of 

12 this Act. 

13 (3) DETERMINATIONS.—The Secretary shall 

14 make a determination on a petition under this sub15 section not later than 90 days after the date that 

16 the petition is received. 

17 SEC. 11. APPLICATION WITH OTHER STATUTES. 

18 Notwithstanding any other provision of law, this Act 

19 shall be the exclusive statutory authority for regulation by 

20 the Federal Government of discharges incidental to the 

21 normal operation of a vessel to which this Act applies. Ex22 cept as provided under section 5(a)(1)(A), any regulation 

23 in effect on the date immediately preceding the effective 

24 date of this Act relating to any permitting requirement 

25 for or prohibition on discharges incidental to the normal 


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

2 deemed to be a regulation issued pursuant to the authority 

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

4 or until superseded by new regulations issued hereunder. 

Æ 


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