II 

Calendar No. 171 

114TH CONGRESS 

1ST SESSION S. 373 

[Report No. 114–96] 

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, Mr. NELSON, Mr. VITTER, Ms. AYOTTE, 

Mr. BOOZMAN, Mrs. CAPITO, Mr. BLUNT, Mr. MANCHIN, Mr. ISAKSON, 

Mr. COCHRAN, Mr. SHELBY, Mr. COONS, Mr. CASSIDY, Mr. WICKER, 

Mrs. MCCASKILL, Mrs. SHAHEEN, Mr. SCHATZ, Mr. SULLIVAN, Mr. 

CASEY, Ms. COLLINS, Mr. CORNYN, Mr. INHOFE, Mr. GRAHAM, Mr. 

RISCH, and Ms. HIRONO) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

JULY 29, 2015 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Vessel Incidental Discharge Act’’. 

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

5 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. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) Beginning in 1980 with the enactment of 

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

11 1901 et seq.), the Coast Guard has been the prin12 cipal Federal authority charged with administering, 

13 enforcing, and prescribing regulations relating to the 

14 discharge of pollutants from vessels engaged in mar15 itime commerce and transportation. 

16 (2) The Coast Guard estimates there are ap17 proximately 21,560,000 State-registered recreational 

18 vessels, 75,000 commercial fishing vessels, and 

19 33,000 freight and tank barges operating in United 

20 States waters. 

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1 (3) From 1973 to 2005, certain discharges inci2 dental to the normal operation of a vessel were ex3 empted by regulation from otherwise applicable per4 mitting requirements. 

5 (4) Over the 32 years during which this regu6 latory exemption was in effect, Congress enacted 

7 statutes on a number of occasions dealing with the 

8 regulation of discharges incidental to the normal op9 eration of a vessel, including— 

10 (A) the Act to Prevent Pollution from 

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

12 (B) the Nonindigenous Aquatic Nuisance 

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

14 4701 et seq.); 

15 (C) the National Invasive Species Act of 

16 1996 (Public Law 104–332; 110 Stat. 4073); 

17 (D) section 415 of the Coast Guard Au18 thorization Act of 1998 (Public Law 105–383; 

19 112 Stat. 3434) and section 623 of the Coast 

20 Guard and Maritime Transportation Act of 

21 2004 (Public Law 108–293; 33 U.S.C. 1901 

22 note), which established interim and permanent 

23 requirements, respectively, for the regulation of 

24 vessel discharges of certain bulk cargo residue; 

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

2 of the Consolidated Appropriations Act, 2001 

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

4 which prohibited or limited certain vessel dis5 charges in certain areas of Alaska; 

6 (F) section 204 of the Maritime Transpor7 tation Security Act of 2002 (33 U.S.C. 1902a), 

8 which established requirements for the regula9 tion of vessel discharges of agricultural cargo 

10 residue material in the form of hold washings; 

11 and 

12 (G) title X of the Coast Guard Authoriza13 tion Act of 2010 (33 U.S.C. 3801 et seq.), 

14 which provided for the implementation of the 

15 International Convention on the Control of 

16 Harmful Anti-Fouling Systems on Ships, 2001. 

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

18 for the establishment of nationally uniform and environ19 mentally sound standards and requirements for the man20 agement of discharges incidental to the normal operation 

21 of a vessel. 

22 SEC. 3. DEFINITIONS. 

23 In this Act: 

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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) AQUATIC NUISANCE SPECIES.—The term 

5 ‘‘aquatic nuisance species’’ means a nonindigenous 

6 species (including a pathogen) that threatens the di7 versity or abundance of native species or the ecologi8 cal stability of navigable waters or commercial, agri9 cultural, aquacultural, or recreational activities de10 pendent on such waters. 

11 (3) BALLAST WATER.— 

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

13 water’’ means any water, including any sedi14 ment suspended in such water, taken aboard a 

15 vessel— 

16 (i) to control trim, list, draught, sta17 bility, or stresses of the vessel; or 

18 (ii) during the cleaning, maintenance, 

19 or other operation of a ballast water treat20 ment technology of the vessel. 

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

22 water’’ does not include any pollutant that is 

23 added to water described in subparagraph (A) 

24 that is not directly related to the operation of 

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1 a properly functioning ballast water treatment 

2 technology under this Act. 

3 (4) BALLAST WATER PERFORMANCE STAND4 ARD.—The term ‘‘ballast water performance stand5 ard’’ means the numerical ballast water discharge 

6 standard set forth in section 151.2030 of title 33, 

7 Code of Federal Regulations or section 151.1511 of 

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

9 or a revised numerical ballast water performance 

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

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

12 (5) BALLAST WATER TREATMENT TECHNOLOGY

13 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

14 water treatment technology’’ or ‘‘treatment tech15 nology’’ means any mechanical, physical, chemical, 

16 or biological process used, alone or in combination, 

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

18 discharge of aquatic nuisance species within ballast 

19 water. 

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

21 substance or organism, including a virus or fungus, 

22 that is introduced into or produced by a ballast 

23 water treatment technology to reduce or eliminate 

24 aquatic nuisance species as part of the process used 

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1 to comply with a ballast water performance standard 

2 under this Act. 

3 (7) DISCHARGE INCIDENTAL TO THE NORMAL

4 OPERATION OF A VESSEL.— 

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

6 incidental to the normal operation of a vessel’’ 

7 means— 

8 (i) a discharge into navigable waters 

9 from a vessel of— 

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

11 bilge water, cooling water, oil water 

12 separator effluent, anti-fouling hull 

13 coating leachate, boiler or economizer 

14 blowdown, byproducts from cathodic 

15 protection, controllable pitch propeller 

16 and thruster hydraulic fluid, distilla17 tion and reverse osmosis brine, eleva18 tor pit effluent, firemain system efflu19 ent, freshwater layup effluent, gas 

20 turbine wash water, motor gasoline 

21 and compensating effluent, refrigera22 tion and air condensate effluent, sea23 water pumping biofouling prevention 

24 substances, boat engine wet exhaust, 

25 sonar dome effluent, exhaust gas 

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1 scrubber washwater, or stern tube 

2 packing gland effluent; or 

3 (bb) any other pollutant associ4 ated with the operation of a marine 

5 propulsion system, shipboard maneu6 vering system, habitability system, or 

7 installed major equipment, or from a 

8 protective, preservative, or absorptive 

9 application to the hull of a vessel; 

10 (II) weather deck runoff, deck 

11 wash, aqueous film forming foam ef12 fluent, chain locker effluent, non-oily 

13 machinery wastewater, underwater 

14 ship husbandry effluent, welldeck ef15 fluent, or fish hold and fish hold 

16 cleaning effluent; or 

17 (III) any effluent from a properly 

18 functioning marine engine; or 

19 (ii) a discharge of a pollutant into 

20 navigable waters in connection with the 

21 testing, maintenance, or repair of a sys22 tem, equipment, or engine described in 

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

24 whenever the vessel is waterborne. 

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

2 incidental to the normal operation of a vessel’’ 

3 does not include— 

4 (i) a discharge into navigable waters 

5 from a vessel of— 

6 (I) rubbish, trash, garbage, incin7 erator ash, or other such material dis8 charged overboard; 

9 (II) oil or a hazardous substance 

10 as those terms are defined in section 

11 311 of the Federal Water Pollution 

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

13 (III) sewage as defined in section 

14 312(a)(6) of the Federal Water Pollu15 tion Control Act (33 U.S.C. 

16 1322(a)(6)); or 

17 (IV) graywater referred to in sec18 tion 312(a)(6) of the Federal Water 

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

20 1322(a)(6)); 

21 (ii) an emission of an air pollutant re22 sulting from the operation onboard a vessel 

23 of a vessel propulsion system, motor driven 

24 equipment, or incinerator; or 

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1 (iii) a discharge into navigable waters 

2 from a vessel when the vessel is operating 

3 in a capacity other than as a means of 

4 transportation on water. 

5 (8) GEOGRAPHICALLY LIMITED AREA.—The 

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

7 (A) with a physical limitation, including 

8 limitation by physical size and limitation by au9 thorized route, that prevents a vessel from oper10 ating outside the area, as determined by the 

11 Secretary; or 

12 (B) that is ecologically homogeneous, as 

13 determined by the Secretary, in consultation 

14 with the heads of other Federal departments or 

15 agencies as the Secretary considers appropriate. 

16 (9) MANUFACTURER.—The term ‘‘manufac17 turer’’ means a person engaged in the manufacture, 

18 assemblage, or importation of ballast water treat19 ment technology. 

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

21 means the Secretary of the department in which the 

22 Coast Guard is operating. 

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

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1 ance used, or practically or otherwise capable of 

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

3 SEC. 4. REGULATION AND ENFORCEMENT. 

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

5 with the Administrator, shall establish and implement en6 forceable uniform national standards and requirements for 

7 the regulation of discharges incidental to the normal oper8 ation of a vessel. The standards and requirements shall— 

9 (1) be based upon the best available technology 

10 economically achievable; and 

11 (2) supersede any permitting requirement or 

12 prohibition on discharges incidental to the normal 

13 operation of a vessel under any other provision of 

14 law. 

15 (b) ADMINISTRATION AND ENFORCEMENT.—The 

16 Secretary shall administer and enforce the uniform na17 tional standards and requirements under this Act. Each 

18 State may enforce the uniform national standards and re19 quirements under this Act. 

20 SEC. 5. UNIFORM NATIONAL STANDARDS AND REQUIRE21 MENTS FOR THE REGULATION OF DIS22 CHARGES INCIDENTAL TO THE NORMAL OP23 ERATION OF A VESSEL. 

24 (a) REQUIREMENTS.— 

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1 (1) BALLAST WATER MANAGEMENT REQUIRE2 MENTS.— 

3 (A) IN GENERAL.—Notwithstanding any 

4 other provision of law, the requirements set 

5 forth in the final rule, Standards for Living Or6 ganisms in Ships’ Ballast Water Discharged in 

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

8 2012)), as corrected by the final rule; correction 

9 of the Standards for Living Organisms in 

10 Ships’ Ballast Water Discharged in U.S. 

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

12 shall be the management requirements for a 

13 ballast water discharge incidental to the normal 

14 operation of a vessel until the Secretary revises 

15 the ballast water performance standard under 

16 subsection (b) or adopts a more stringent State 

17 standard under subparagraph (B) of this para18 graph. 

19 (B) ADOPTION OF MORE STRINGENT

20 STATE STANDARD.—If the Secretary makes a 

21 determination in favor of a State petition under 

22 section 10, the Secretary shall adopt the more 

23 stringent ballast water performance standard 

24 specified in the statute or regulation that is the 

25 subject of that State petition in lieu of the balmstockstill on DSK4VPTVN1PROD with BILLS

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1 last water performance standard in the final 

2 rule described under subparagraph (A). 

3 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

4 DISCHARGES OTHER THAN BALLAST WATER.—Not 

5 later than 2 years after the date of enactment of 

6 this Act, the Secretary, in consultation with the Ad7 ministrator, shall issue a final rule establishing best 

8 management practices for discharges incidental to 

9 the normal operation of a vessel other than ballast 

10 water. 

11 (b) REVISED BALLAST WATER PERFORMANCE

12 STANDARD; 8-YEAR REVIEW.— 

13 (1) IN GENERAL.—Subject to the feasibility re14 view under paragraph (2), not later than January 1, 

15 2022, the Secretary, in consultation with the Admin16 istrator, shall issue a final rule revising the ballast 

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

18 so that a ballast water discharge incidental to the 

19 normal operation of a vessel will contain— 

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

21 has not been rendered harmless per 10 cubic 

22 meters that is 50 or more micrometers in min23 imum dimension; 

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

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1 liters that is less than 50 micrometers in min2 imum dimension and more than 10 micrometers 

3 in minimum dimension; 

4 (C) concentrations of indicator microbes 

5 that are less than— 

6 (i) 1 colony-forming unit of 

7 toxicogenic Vibrio cholera (serotypes O1 

8 and O139) per 100 milliliters or less than 

9 1 colony-forming unit of that microbe per 

10 gram of wet weight of zoological samples; 

11 (ii) 126 colony-forming units of esch12 erichia coli per 100 milliliters; and 

13 (iii) 33 colony-forming units of intes14 tinal enterococci per 100 milliliters; and 

15 (D) concentrations of such additional indi16 cator microbes and of viruses as may be speci17 fied in regulations issued by the Secretary in 

18 consultation with the Administrator and such 

19 other Federal agencies as the Secretary and the 

20 Administrator consider appropriate. 

21 (2) FEASIBILITY REVIEW.— 

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

23 1, 2020, the Secretary, in consultation with the 

24 Administrator, shall complete a review to deter25 mine the feasibility of achieving the revised balmstockstill on DSK4VPTVN1PROD with BILLS

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1 last water performance standard under para2 graph (1). 

3 (B) CRITERIA FOR REVIEW OF BALLAST

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

6 Secretary shall consider whether revising the 

7 ballast water performance standard will result 

8 in a scientifically demonstrable and substantial 

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

11 into account— 

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

14 processes that lead to the introduction or 

15 establishment of aquatic nuisance species; 

16 (ii) improvements in ballast water 

17 treatment technology, including— 

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

20 ballast water performance standard; 

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

23 the shipboard environment; 

24 (III) the compatibility of such 

25 treatment technology with the design 

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1 and operation of a vessel by class, 

2 type, and size; 

3 (IV) the commercial availability 

4 of such treatment technology; and 

5 (V) the safety of such treatment 

6 technology; 

7 (iii) improvements in the capabilities 

8 to detect, quantify, and assess the viability 

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

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

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

14 impacts of— 

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

18 and other uses of the aquatic environ19 ment; and 

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

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

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1 shellfish, and wildlife, and other uses 

2 of navigable waters. 

3 (C) LOWER REVISED PERFORMANCE

4 STANDARD.— 

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

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

8 and after an opportunity for a public hear9 ing that no ballast water treatment tech10 nology can be certified under section 6 to 

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

13 the Secretary shall require the use of the 

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

17 (ii) IMPLEMENTATION DEADLINE.—If 

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

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

23 class of vessels, the Secretary shall extend 

24 the implementation deadline for that class 

25 of vessels for not more than 36 months. 

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

6 clause (ii). 

7 (D) HIGHER REVISED PERFORMANCE

8 STANDARD.— 

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

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

14 paragraph (1) with respect to a class of 

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

17 class of vessels to incorporate the higher 

18 performance standard. 

19 (ii) IMPLEMENTATION DEADLINE.—If 

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

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

24 under paragraph (3) with respect to a 

25 class of vessels, the Secretary shall accelmstockstill on DSK4VPTVN1PROD with BILLS

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1 erate the implementation deadline for that 

2 class of vessels. If the implementation 

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

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

7 (3) IMPLEMENTATION DEADLINE.—The revised 

8 ballast water performance standard under paragraph 

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

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

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

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

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

17 a revised ballast water performance standard 

18 under this subsection. 

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

22 for an owner or operator to submit a petition 

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

25 owner or operator. 

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

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

4 18 months from the date of the applicable 

5 deadline under subparagraph (A); and 

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

8 (D) FACTORS.—In issuing a compliance 

9 deadline or reviewing a petition under this 

10 paragraph, the Secretary shall consider, with 

11 respect to the ability of an owner or operator to 

12 meet a compliance deadline, the following fac13 tors: 

14 (i) Whether the treatment technology 

15 to be installed is available in sufficient 

16 quantities to meet the compliance deadline. 

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

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

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

24 (v) Electric power generating capacity 

25 aboard the vessel. 

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1 (vi) Safety of the vessel and crew. 

2 (E) CONSIDERATION OF PETITIONS.— 

3 (i) DETERMINATIONS.—The Secretary 

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

6 by an owner or operator under this para7 graph. 

8 (ii) DEADLINE.—If the Secretary does 

9 not approve or deny a petition referred to 

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

11 the 90-day period beginning on the date of 

12 submission of the petition, the petition 

13 shall be deemed approved. 

14 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL

15 DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 

16 (1) REVISED BALLAST WATER PERFORMANCE

17 STANDARDS.—The Secretary, in consultation with 

18 the Administrator, shall complete a review, 10 years 

19 after the issuance of a final rule under subsection 

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

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

24 the introduction or establishment of aquatic nui25 sance species. 

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1 (2) REVISED STANDARDS FOR DISCHARGES

2 OTHER THAN BALLAST WATER.—The Secretary, in 

3 consultation with the Administrator, may include in 

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

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

11 practices would substantially reduce the impacts on 

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

14 (3) CONSIDERATIONS.—In conducting a review 

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

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

19 (4) REVISION AFTER DECENNIAL REVIEW.— 

20 The Secretary shall initiate a rulemaking to revise 

21 the current ballast water performance standard after 

22 a decennial review if the Secretary, in consultation 

23 with the Administrator, determines that revising the 

24 current ballast water performance standard would 

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

3 SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION. 

4 (a) CERTIFICATION REQUIRED.—Beginning 1 year 

5 after the date that the requirements for testing protocols 

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

8 or introduce or deliver for introduction into interstate 

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

10 resale, a ballast water treatment technology for a vessel 

11 unless the treatment technology has been certified under 

12 this section. 

13 (b) CERTIFICATION PROCESS.— 

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

16 water treatment technology with respect to— 

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

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

21 (B) the compatibility with vessel design 

22 and operations; 

23 (C) the effect of the treatment technology 

24 on vessel safety; 

25 (D) the impact on the environment; 

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1 (E) the cost effectiveness; and 

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

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

5 paragraph (1) the Secretary determines that the 

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

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

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

11 suspend or revoke a certification issued under this 

12 section. 

13 (c) CERTIFICATION CONDITIONS.— 

14 (1) IMPOSITION OF CONDITIONS.—In certifying 

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

20 for— 

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

22 vessel, and any passengers aboard the vessel; 

23 (B) the protection of the environment; or 

24 (C) the effective operation of the treatment 

25 technology. 

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

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

5 (d) PERIOD FOR USE OF INSTALLED TREATMENT

6 EQUIPMENT.—Notwithstanding anything to the contrary 

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

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

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

12 standard occurring after the system is ordered or installed 

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

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

15 (1) is maintained in proper working condition; 

16 and 

17 (2) is maintained and used in accordance with 

18 the manufacturer’s specifications and any treatment 

19 technology certification conditions imposed by the 

20 Secretary under this section. 

21 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

22 TREATMENT TECHNOLOGY.— 

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

24 ballast water treatment technology for certification 

25 under subsection (b), the Secretary shall issue a cermstockstill on DSK4VPTVN1PROD with BILLS

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1 tificate of type approval for the treatment technology 

2 to the manufacturer in such form and manner as the 

3 Secretary determines appropriate. 

4 (2) CERTIFICATION CONDITIONS.—A certificate 

5 of type approval issued under paragraph (1) shall 

6 specify each condition imposed by the Secretary 

7 under subsection (c). 

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

10 the treatment technology under this subsection shall 

11 provide a copy of the certificate to each owner and 

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

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

16 retain a copy of the certificate onboard the vessel and 

17 make the copy of the certificate available for inspection 

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

19 treatment technology. 

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

21 ballast water treatment technology under subsection (b) 

22 if— 

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

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

25 Insecticide, Fungicide, and Rodenticide Act (7 

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

2 that Act or the Secretary, in consultation with Ad3 ministrator, has approved the use of the biocide in 

4 such treatment technology; or 

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

6 of which causes or contributes to a violation of a 

7 water quality standard under section 303 of the 

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

9 1313). 

10 (h) PROHIBITION.— 

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

14 satisfy the requirements of this Act unless it has 

15 been approved by the Secretary under subsection 

16 (b). 

17 (2) EXCEPTIONS.— 

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

20 operator may use a ballast water treatment 

21 technology that has not been certified by the 

22 Secretary to comply with the requirements of 

23 this section if the technology is being evaluated 

24 under the Coast Guard Shipboard Technology 

25 Evaluation Program. 

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

3 An owner or operator may use a ballast water 

4 treatment technology that has not been certified 

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

7 certified by a foreign entity and the certification 

8 demonstrates performance and safety of the 

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

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

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

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

16 criteria for— 

17 (1) certifying the performance of each ballast 

18 water treatment technology under this section; and 

19 (2) certifying laboratories to evaluate such 

20 treatment technologies. 

21 SEC. 7. EXEMPTIONS. 

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

23 prohibition enforced under any other provision of law for, 

24 nor shall any standards regarding a discharge incidental 

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

2 to— 

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

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

7 Code); 

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

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

12 United States Code); 

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

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

16 States Code); 

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

18 equipment, devices, or other material from a vessel 

19 for the sole purpose of conducting research on the 

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

23 (5) any discharge into navigable waters from a 

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

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

2 Regulations; 

3 (6) any discharge into navigable waters from a 

4 vessel that is necessary to secure the safety of the 

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

6 the vessel or at a shoreside facility; or 

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

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

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

12 standards under this Act apply to— 

13 (1) a ballast water discharge incidental to the 

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

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

18 (B) take up and discharge ballast water 

19 exclusively within 1 Captain of the Port Zone 

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

23 an aquatic nuisance species; 

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

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

2 equivalent restriction issued by the country of 

3 registration of the vessel; or 

4 (D) continuously take on and discharge 

5 ballast water in a flow-through system that 

6 does not introduce aquatic nuisance species into 

7 navigable waters; 

8 (2) a ballast water discharge incidental to the 

9 normal operation of a vessel consisting entirely of 

10 water suitable for human consumption; or 

11 (3) a ballast water discharge incidental to the 

12 normal operation of a vessel in an alternative com13 pliance program established pursuant to section 8. 

14 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

15 No permit shall be required or prohibition enforced under 

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

17 performance standard under this Act apply to, a vessel 

18 that carries all of its permanent ballast water in sealed 

19 tanks that are not subject to discharge. 

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

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

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

23 United States Code. 

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1 SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM. 

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

3 with the Administrator, may promulgate regulations es4 tablishing 1 or more compliance programs as an alter5 native to ballast water management regulations issued 

6 under section 5 for a vessel that— 

7 (1) has a maximum ballast water capacity of 

8 less than 8 cubic meters; 

9 (2) is less than 3 years from the end of the use10 ful life of the vessel, as determined by the Secretary; 

11 or 

12 (3) discharges ballast water into a facility for 

13 the reception of ballast water that meets standards 

14 promulgated by the Administrator, in consultation 

15 with the Secretary. 

16 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

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

18 the Administrator, in consultation with the Secretary, 

19 shall promulgate standards for— 

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

21 into a reception facility; and 

22 (2) the disposal or treatment of the ballast 

23 water under paragraph (1). 

24 SEC. 9. JUDICIAL REVIEW. 

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

26 petition for review of a final regulation promulgated under 

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

2 District of Columbia Circuit. 

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

4 than 120 days after the date that notice of the promulga5 tion appears in the Federal Register. 

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

7 petition that is based solely on grounds that arise after 

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

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

10 that the grounds first arise. 

11 SEC. 10. EFFECT ON STATE AUTHORITY. 

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

13 thereof may adopt or enforce any statute or regulation of 

14 the State or political subdivision with respect to a dis15 charge incidental to the normal operation of a vessel after 

16 the date of enactment of this Act. 

17 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

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

19 a statute or regulation of the State or political subdivision 

20 with respect to ballast water discharges incidental to the 

21 normal operation of a vessel that specifies a ballast water 

22 performance standard that is more stringent than the bal23 last water performance standard under section 5(a)(1)(A) 

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

25 the Secretary, after consultation with the Administrator 

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1 and any other Federal department or agency the Secretary 

2 considers appropriate, makes a determination that— 

3 (1) compliance with any performance standard 

4 specified in the statute or regulation can in fact be 

5 achieved and detected; 

6 (2) the technology and systems necessary to 

7 comply with the statute or regulation are commer8 cially available; and 

9 (3) the statute or regulation is consistent with 

10 obligations under relevant international treaties or 

11 agreements to which the United States is a party. 

12 (c) PETITION PROCESS.— 

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

14 seeking to enforce a statute or regulation under sub15 section (b) shall submit a petition requesting the 

16 Secretary to review the statute or regulation. 

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

18 (A) be accompanied by the scientific and 

19 technical information on which the petition is 

20 based; and 

21 (B) be submitted to the Secretary not later 

22 than 90 days after the date of enactment of 

23 this Act. 

24 (3) DETERMINATIONS.—The Secretary shall 

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1 section not later than 90 days after the date that 

2 the petition is received. 

3 SEC. 11. APPLICATION WITH OTHER STATUTES. 

4 Notwithstanding any other provision of law, this Act 

5 shall be the exclusive statutory authority for regulation by 

6 the Federal Government of discharges incidental to the 

7 normal operation of a vessel to which this Act applies. Ex8 cept as provided under section 5(a)(1)(A), any regulation 

9 in effect on the date immediately preceding the effective 

10 date of this Act relating to any permitting requirement 

11 for or prohibition on discharges incidental to the normal 

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

13 deemed to be a regulation issued pursuant to the authority 

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

15 or until superseded by new regulations issued hereunder. 

16 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

17 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ves18 sel Incidental Discharge Act’’. 

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

20 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. 

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1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress makes the following findings: 

3 (1) Beginning with enactment of the Act to Pre4 vent Pollution from Ships in 1980 (22 U.S.C. 1901 

5 et seq.), the United States Coast Guard has been the 

6 principal Federal authority charged with admin7 istering, enforcing, and prescribing regulations relat8 ing to the discharge of pollutants from vessels engaged 

9 in maritime commerce and transportation. 

10 (2) The Coast Guard estimates there are ap11 proximately 21,560,000 State-registered recreational 

12 vessels, 75,000 commercial fishing vessels, and 33,000 

13 freight and tank barges operating in United States 

14 waters. 

15 (3) From 1973 to 2005, certain discharges inci16 dental to the normal operation of a vessel were ex17 empted by regulation from otherwise applicable per18 mitting requirements. 

19 (4) Over the 32 years during which this regu20 latory exemption was in effect, Congress enacted stat21 utes on a number of occasions dealing with the regu22 lation of discharges incidental to the normal oper23 ation of a vessel, including— 

24 (A) the Act to Prevent Pollution from Ships 

25 (33 U.S.C. 1901 et seq.) in 1980; 

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1 (B) the Nonindigenous Aquatic Nuisance 

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

3 4701 et seq.); 

4 (C) the National Invasive Species Act of 

5 1996 (110 Stat. 4073); 

6 (D) section 415 of the Coast Guard Author7 ization Act of 1998 (112 Stat. 3434) and section 

8 623 of the Coast Guard and Maritime Transpor9 tation Act of 2004 (33 U.S.C. 1901 note), which 

10 established interim and permanent requirements, 

11 respectively, for the regulation of vessel dis12 charges of certain bulk cargo residue; 

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

14 of the Consolidated Appropriations Act, 2001 

15 (114 Stat. 2763), which prohibited or limited 

16 certain vessel discharges in certain areas of Alas17 ka; 

18 (F) section 204 of the Maritime Transpor19 tation Security Act of 2002 (33 U.S.C. 1902a), 

20 which established requirements for the regulation 

21 of vessel discharges of agricultural cargo residue 

22 material in the form of hold washings; and 

23 (G) title X of the Coast Guard Authoriza24 tion Act of 2010 (33 U.S.C. 3801 et seq.), which 

25 provided for the implementation of the Intermstockstill on DSK4VPTVN1PROD with BILLS

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1 national Convention on the Control of Harmful 

2 Anti-Fouling Systems on Ships, 2001. 

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

4 for the establishment of nationally uniform and environ5 mentally sound standards and requirements for the man6 agement of discharges incidental to the normal operation 

7 of a vessel. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

13 (2) AQUATIC NUISANCE SPECIES.—The term 

14 ‘‘aquatic nuisance species’’ means a nonindigenous 

15 species (including a pathogen) that threatens the di16 versity or abundance of native species or the ecologi17 cal stability of navigable waters or commercial, agri18 cultural, aquacultural, or recreational activities de19 pendent on such waters. 

20 (3) BALLAST WATER.— 

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

22 water’’ means any water, including any sedi23 ment suspended in such water, taken aboard a 

24 vessel— 

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1 (i) to control trim, list, draught, sta2 bility, or stresses of the vessel; or 

3 (ii) during the cleaning, maintenance, 

4 or other operation of a ballast water treat5 ment technology of the vessel. 

6 (B) EXCLUSIONS.—The term ‘‘ballast 

7 water’’ does not include any pollutant that is 

8 added to water described in subparagraph (A) 

9 that is not directly related to the operation of a 

10 properly functioning ballast water treatment 

11 technology under this Act. 

12 (4) BALLAST WATER PERFORMANCE STAND13 ARD.—The term ‘‘ballast water performance stand14 ard’’ means the numerical ballast water discharge 

15 standard set forth in section 151.2030 of title 33, 

16 Code of Federal Regulations or section 151.1511 of 

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

18 or a revised numerical ballast water performance 

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

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

21 (5) BALLAST WATER TREATMENT TECHNOLOGY

22 OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 

23 water treatment technology’’ or ‘‘treatment tech24 nology’’ means any mechanical, physical, chemical, or 

25 biological process used, alone or in combination, to 

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1 remove, render harmless, or avoid the uptake or dis2 charge of aquatic nuisance species within ballast 

3 water. 

4 (6) BIOCIDE.—The term ‘‘biocide’’ means a sub5 stance or organism, including a virus or fungus, that 

6 is introduced into or produced by a ballast water 

7 treatment technology to reduce or eliminate aquatic 

8 nuisance species as part of the process used to comply 

9 with a ballast water performance standard under this 

10 Act. 

11 (7) DISCHARGE INCIDENTAL TO THE NORMAL

12 OPERATION OF A VESSEL.— 

13 (A) IN GENERAL.—The term ‘‘discharge in14 cidental to the normal operation of a vessel’’ 

15 means— 

16 (i) a discharge into navigable waters 

17 from a vessel of— 

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

19 bilge water, cooling water, oil water 

20 separator effluent, anti-fouling hull 

21 coating leachate, boiler or economizer 

22 blowdown, byproducts from cathodic 

23 protection, controllable pitch propeller 

24 and thruster hydraulic fluid, distilla25 tion and reverse osmosis brine, elevator 

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1 pit effluent, firemain system effluent, 

2 freshwater layup effluent, gas turbine 

3 wash water, motor gasoline and com4 pensating effluent, refrigeration and 

5 air condensate effluent, seawater 

6 pumping biofouling prevention sub7 stances, boat engine wet exhaust, sonar 

8 dome effluent, exhaust gas scrubber 

9 washwater, or stern tube packing gland 

10 effluent; or 

11 (bb) any other pollutant associ12 ated with the operation of a marine 

13 propulsion system, shipboard maneu14 vering system, habitability system, or 

15 installed major equipment, or from a 

16 protective, preservative, or absorptive 

17 application to the hull of a vessel; 

18 (II) weather deck runoff, deck 

19 wash, aqueous film forming foam efflu20 ent, chain locker effluent, non-oily ma21 chinery wastewater, underwater ship 

22 husbandry effluent, welldeck effluent, or 

23 fish hold and fish hold cleaning efflu24 ent; or 

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1 (III) any effluent from a properly 

2 functioning marine engine; or 

3 (ii) a discharge of a pollutant into 

4 navigable waters in connection with the 

5 testing, maintenance, or repair of a system, 

6 equipment, or engine described in subclause 

7 (I)(bb) or (III) of clause (i) whenever the 

8 vessel is waterborne. 

9 (B) EXCLUSIONS.—The term ‘‘discharge in10 cidental to the normal operation of a vessel’’ does 

11 not include— 

12 (i) a discharge into navigable waters 

13 from a vessel of— 

14 (I) rubbish, trash, garbage, incin15 erator ash, or other such material dis16 charged overboard; 

17 (II) oil or a hazardous substance 

18 as those terms are defined in section 

19 311 of the Federal Water Pollution 

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

21 (III) sewage as defined in section 

22 312(a)(6) of the Federal Water Pollu23 tion Control Act (33 U.S.C. 

24 1322(a)(6)); or 

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1 (IV) graywater referred to in sec2 tion 312(a)(6) of the Federal Water 

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

4 1322(a)(6)); 

5 (ii) an emission of an air pollutant re6 sulting from the operation onboard a vessel 

7 of a vessel propulsion system, motor driven 

8 equipment, or incinerator; or 

9 (iii) a discharge into navigable waters 

10 from a vessel when the vessel is operating in 

11 a capacity other than as a means of trans12 portation on water. 

13 (8) GEOGRAPHICALLY LIMITED AREA.—The term 

14 ‘‘geographically limited area’’ means an area— 

15 (A) with a physical limitation, including 

16 limitation by physical size and limitation by 

17 authorized route such as the Great Lakes and St. 

18 Lawrence River, that prevents a vessel from op19 erating outside the area, as determined by the 

20 Secretary; or 

21 (B) that is ecologically homogeneous, as de22 termined by the Secretary, in consultation with 

23 the heads of other Federal departments or agen24 cies as the Secretary considers appropriate. 

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1 (9) MANUFACTURER.—The term ‘‘manufacturer’’ 

2 means a person engaged in the manufacture, assem3 blage, or importation of ballast water treatment tech4 nology. 

5 (10) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the department in which the Coast 

7 Guard is operating. 

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

9 description of watercraft or other artificial contriv10 ance used, or practically or otherwise capable of being 

11 used, as a means of transportation on water. 

12 SEC. 4. REGULATION AND ENFORCEMENT. 

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

14 the Administrator, shall establish and implement enforce15 able uniform national standards and requirements for the 

16 regulation of discharges incidental to the normal operation 

17 of a vessel. The standards and requirements shall— 

18 (1) be based upon the best available technology 

19 economically achievable; and 

20 (2) supersede any permitting requirement or 

21 prohibition on discharges incidental to the normal op22 eration of a vessel under any other provision of law. 

23 (b) ADMINISTRATION AND ENFORCEMENT.—The Sec24 retary shall administer and enforce the uniform national 

25 standards and requirements under this Act. Each State 

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1 may enforce the uniform national standards and require2 ments under this Act. 

3 SEC. 5. UNIFORM NATIONAL STANDARDS AND REQUIRE4 MENTS FOR THE REGULATION OF DIS5 CHARGES INCIDENTAL TO THE NORMAL OP6 ERATION OF A VESSEL. 

7 (a) REQUIREMENTS.— 

8 (1) BALLAST WATER MANAGEMENT REQUIRE9 MENTS.— 

10 (A) IN GENERAL.—Notwithstanding any 

11 other provision of law, the requirements set forth 

12 in the final rule, Standards for Living Orga13 nisms in Ships’ Ballast Water Discharged in 

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

15 2012), as corrected at 77 Fed. Reg. 33969 (June 

16 8, 2012)), shall be the management requirements 

17 for a ballast water discharge incidental to the 

18 normal operation of a vessel until the Secretary 

19 revises the ballast water performance standard 

20 under subsection (b) or adopts a more stringent 

21 State standard under subparagraph (B) of this 

22 paragraph. 

23 (B) ADOPTION OF MORE STRINGENT STATE

24 STANDARD.—If the Secretary makes a deter25 mination in favor of a State petition under secmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion 10, the Secretary shall adopt the more strin2 gent ballast water performance standard speci3 fied in the statute or regulation that is the sub4 ject of that State petition in lieu of the ballast 

5 water performance standard in the final rule de6 scribed under subparagraph (A). 

7 (2) INITIAL MANAGEMENT REQUIREMENTS FOR

8 DISCHARGES OTHER THAN BALLAST WATER.—Not 

9 later than 2 years after the date of enactment of this 

10 Act, the Secretary, in consultation with the Adminis11 trator, shall issue a final rule establishing best man12 agement practices for discharges incidental to the nor13 mal operation of a vessel other than ballast water. 

14 (b) REVISED BALLAST WATER PERFORMANCE STAND15 ARD; 8-YEAR REVIEW.— 

16 (1) IN GENERAL.—Subject to the feasibility re17 view under paragraph (2), not later than January 1, 

18 2022, the Secretary, in consultation with the Admin19 istrator, shall issue a final rule revising the ballast 

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

21 so that a ballast water discharge incidental to the 

22 normal operation of a vessel will contain— 

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

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1 ters that is 50 or more micrometers in minimum 

2 dimension; 

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

4 has not been rendered harmless per 10 milliliters 

5 that is less than 50 micrometers in minimum di6 mension and more than 10 micrometers in min7 imum dimension; 

8 (C) concentrations of indicator microbes 

9 that are less than— 

10 (i) 1 colony-forming unit of toxicogenic 

11 Vibrio cholera (serotypes O1 and O139) per 

12 100 milliliters or less than 1 colony-forming 

13 unit of that microbe per gram of wet weight 

14 of zoological samples; 

15 (ii) 126 colony-forming units of Esch16 erichia coli per 100 milliliters; and 

17 (iii) 33 colony-forming units of intes18 tinal enterococci per 100 milliliters; and 

19 (D) concentrations of such additional indi20 cator microbes and of viruses as may be specified 

21 in regulations issued by the Secretary in con22 sultation with the Administrator and such other 

23 Federal agencies as the Secretary and the Ad24 ministrator consider appropriate. 

25 (2) FEASIBILITY REVIEW.— 

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1 (A) IN GENERAL.—Not less than 2 years be2 fore January 1, 2022, the Secretary, in consulta3 tion with the Administrator, shall complete a re4 view to determine the feasibility of achieving the 

5 revised ballast water performance standard 

6 under paragraph (1). 

7 (B) CRITERIA FOR REVIEW OF BALLAST

8 WATER PERFORMANCE STANDARD.—In con9 ducting a review under subparagraph (A), the 

10 Secretary shall consider whether revising the bal11 last water performance standard will result in a 

12 scientifically demonstrable and substantial re13 duction in the risk of introduction or establish14 ment of aquatic nuisance species, taking into ac15 count— 

16 (i) improvements in the scientific un17 derstanding of biological and ecological 

18 processes that lead to the introduction or es19 tablishment of aquatic nuisance species; 

20 (ii) improvements in ballast water 

21 treatment technology, including— 

22 (I) the capability of such treat23 ment technology to achieve a revised 

24 ballast water performance standard; 

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1 (II) the effectiveness and reli2 ability of such treatment technology in 

3 the shipboard environment; 

4 (III) the compatibility of such 

5 treatment technology with the design 

6 and operation of a vessel by class, type, 

7 and size; 

8 (IV) the commercial availability 

9 of such treatment technology; and 

10 (V) the safety of such treatment 

11 technology; 

12 (iii) improvements in the capabilities 

13 to detect, quantify, and assess the viability 

14 of aquatic nuisance species at the concentra15 tions under consideration; 

16 (iv) the impact of ballast water treat17 ment technology on water quality; and 

18 (v) the costs, cost-effectiveness, and im19 pacts of— 

20 (I) a revised ballast water per21 formance standard, including the po22 tential impacts on shipping, trade, and 

23 other uses of the aquatic environment; 

24 and 

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1 (II) maintaining the existing bal2 last water performance standard, in3 cluding the potential impacts on 

4 water-related infrastructure, recre5 ation, propagation of native fish, shell6 fish, and wildlife, and other uses of 

7 navigable waters. 

8 (C) LOWER REVISED PERFORMANCE STAND9 ARD.— 

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

11 consultation with the Administrator, deter12 mines on the basis of the feasibility review 

13 and after an opportunity for a public hear14 ing that no ballast water treatment tech15 nology can be certified under section 6 to 

16 comply with the revised ballast water per17 formance standard under paragraph (1), 

18 the Secretary shall require the use of the 

19 treatment technology that achieves the per20 formance levels of the best treatment tech21 nology available. 

22 (ii) IMPLEMENTATION DEADLINE.—If 

23 the Secretary, in consultation with the Ad24 ministrator, determines that the treatment 

25 technology under clause (i) cannot be implemstockstill on DSK4VPTVN1PROD with BILLS

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1 mented before the implementation deadline 

2 under paragraph (3) with respect to a class 

3 of vessels, the Secretary shall extend the im4 plementation deadline for that class of ves5 sels for not more than 36 months. 

6 (iii) COMPLIANCE.—If the implementa7 tion deadline under paragraph (3) is ex8 tended, the Secretary shall recommend ac9 tion to ensure compliance with the extended 

10 implementation deadline under clause (ii). 

11 (D) HIGHER REVISED PERFORMANCE

12 STANDARD.— 

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

14 consultation with the Administrator, deter15 mines that ballast water treatment tech16 nology exists that exceeds the revised ballast 

17 water performance standard under para18 graph (1) with respect to a class of vessels, 

19 the Secretary shall revise the ballast water 

20 performance standard for that class of ves21 sels to incorporate the higher performance 

22 standard. 

23 (ii) IMPLEMENTATION DEADLINE.—If 

24 the Secretary, in consultation with the Ad25 ministrator, determines that the treatment 

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1 technology under clause (i) can be imple2 mented before the implementation deadline 

3 under paragraph (3) with respect to a class 

4 of vessels, the Secretary shall accelerate the 

5 implementation deadline for that class of 

6 vessels. If the implementation deadline 

7 under paragraph (3) is accelerated, the Sec8 retary shall provide not less than 24 months 

9 notice before the accelerated deadline takes 

10 effect. 

11 (3) IMPLEMENTATION DEADLINE.—The revised 

12 ballast water performance standard under paragraph 

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

14 the first drydocking of the vessel on or after January 

15 1, 2022, but not later than December 31, 2024. 

16 (4) REVISED PERFORMANCE STANDARD COMPLI17 ANCE DEADLINES.— 

18 (A) IN GENERAL.—The Secretary may es19 tablish a compliance deadline for compliance by 

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

21 a revised ballast water performance standard 

22 under this subsection. 

23 (B) PROCESS FOR GRANTING EXTEN24 SIONS.—In issuing regulations under this sub25 section, the Secretary shall establish a process for 

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1 an owner or operator to submit a petition to the 

2 Secretary for an extension of a compliance dead3 line with respect to the vessel of the owner or op4 erator. 

5 (C) PERIOD OF EXTENSIONS.—An extension 

6 issued under subparagraph (B) may— 

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

8 18 months from the date of the applicable 

9 deadline under subparagraph (A); and 

10 (ii) be renewable for an additional pe11 riod of not to exceed 18 months. 

12 (D) FACTORS.—In issuing a compliance 

13 deadline or reviewing a petition under this 

14 paragraph, the Secretary shall consider, with re15 spect to the ability of an owner or operator to 

16 meet a compliance deadline, the following fac17 tors: 

18 (i) Whether the treatment technology to 

19 be installed is available in sufficient quan20 tities to meet the compliance deadline. 

21 (ii) Whether there is sufficient ship22 yard or other installation facility capacity. 

23 (iii) Whether there is sufficient avail24 ability of engineering and design resources. 

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1 (iv) Vessel characteristics, such as en2 gine room size, layout, or a lack of installed 

3 piping. 

4 (v) Electric power generating capacity 

5 aboard the vessel. 

6 (vi) Safety of the vessel and crew. 

7 (E) CONSIDERATION OF PETITIONS.— 

8 (i) DETERMINATIONS.—The Secretary 

9 shall approve or deny a petition for an ex10 tension of a compliance deadline submitted 

11 by an owner or operator under this para12 graph. 

13 (ii) DEADLINE.—If the Secretary does 

14 not approve or deny a petition referred to 

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

16 90-day period beginning on the date of sub17 mission of the petition, the petition shall be 

18 deemed approved. 

19 (c) FUTURE REVISIONS OF VESSEL INCIDENTAL DIS20 CHARGE STANDARDS; DECENNIAL REVIEWS.— 

21 (1) REVISED BALLAST WATER PERFORMANCE

22 STANDARDS.—The Secretary, in consultation with the 

23 Administrator, shall complete a review, 10 years after 

24 the issuance of a final rule under subsection (b) and 

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1 ther revision of the ballast water performance stand2 ard would result in a scientifically demonstrable and 

3 substantial reduction in the risk of the introduction 

4 or establishment of aquatic nuisance species. 

5 (2) REVISED STANDARDS FOR DISCHARGES

6 OTHER THAN BALLAST WATER.—The Secretary, in 

7 consultation with the Administrator, may include in 

8 a decennial review under this subsection best manage9 ment practices for discharges covered by subsection 

10 (a)(2). The Secretary shall initiate a rulemaking to 

11 revise 1 or more best management practices for such 

12 discharges after a decennial review if the Secretary, 

13 in consultation with the Administrator, determines 

14 that revising 1 or more of such practices would sub15 stantially reduce the impacts on navigable waters of 

16 discharges incidental to the normal operation of a 

17 vessel other than ballast water. 

18 (3) CONSIDERATIONS.—In conducting a review 

19 under paragraph (1), the Secretary, the Adminis20 trator, and the heads of other appropriate Federal 

21 agencies as determined by the Secretary, shall con22 sider the criteria under section 5(b)(2)(B). 

23 (4) REVISION AFTER DECENNIAL REVIEW.—The 

24 Secretary shall initiate a rulemaking to revise the 

25 current ballast water performance standard after a 

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1 decennial review if the Secretary, in consultation 

2 with the Administrator, determines that revising the 

3 current ballast water performance standard would re4 sult in a scientifically demonstrable and substantial 

5 reduction in the risk of the introduction or establish6 ment of aquatic nuisance species. 

7 (d) GREAT LAKES REQUIREMENTS.—In addition to 

8 the other standards and requirements imposed by this sec9 tion, in the case of a vessel that enters the Great Lakes 

10 through the St. Lawrence River after operating outside the 

11 exclusive economic zone of the United States the Secretary, 

12 in consultation with the Administrator, shall establish a re13 quirement that the vessel conduct saltwater flushing of all 

14 ballast water tanks onboard prior to entry. 

15 SEC. 6. TREATMENT TECHNOLOGY CERTIFICATION. 

16 (a) CERTIFICATION REQUIRED.—Beginning 1 year 

17 after the date that the requirements for testing protocols are 

18 issued under subsection (i), no manufacturer of a ballast 

19 water treatment technology shall sell, offer for sale, or intro20 duce or deliver for introduction into interstate commerce, 

21 or import into the United States for sale or resale, a ballast 

22 water treatment technology for a vessel unless the treatment 

23 technology has been certified under this section. 

24 (b) CERTIFICATION PROCESS.— 

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1 (1) EVALUATION.—Upon application of a manu2 facturer, the Secretary shall evaluate a ballast water 

3 treatment technology with respect to— 

4 (A) the effectiveness of the treatment tech5 nology in achieving the current ballast water 

6 performance standard when installed on a vessel 

7 (or a class, type, or size of vessel); 

8 (B) the compatibility with vessel design and 

9 operations; 

10 (C) the effect of the treatment technology on 

11 vessel safety; 

12 (D) the impact on the environment; 

13 (E) the cost effectiveness; and 

14 (F) any other criteria the Secretary con15 siders appropriate. 

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

17 paragraph (1) the Secretary determines that the treat18 ment technology meets the criteria, the Secretary may 

19 certify the treatment technology for use on a vessel (or 

20 a class, type, or size of vessel). 

21 (3) SUSPENSION AND REVOCATION.—The Sec22 retary shall establish, by regulation, a process to sus23 pend or revoke a certification issued under this sec24 tion. 

25 (c) CERTIFICATION CONDITIONS.— 

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1 (1) IMPOSITION OF CONDITIONS.—In certifying a 

2 ballast water treatment technology under this section, 

3 the Secretary, in consultation with the Administrator, 

4 may impose any condition on the subsequent installa5 tion, use, or maintenance of the treatment technology 

6 onboard a vessel as is necessary for— 

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

8 vessel, and any passengers aboard the vessel; 

9 (B) the protection of the environment; or 

10 (C) the effective operation of the treatment 

11 technology. 

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

13 owner or operator to comply with a condition im14 posed under paragraph (1) shall be considered a vio15 lation of this section. 

16 (d) PERIOD FOR USE OF INSTALLED TREATMENT

17 EQUIPMENT.—Notwithstanding anything to the contrary in 

18 this Act or any other provision of law, the Secretary shall 

19 allow a vessel on which a system is installed and operated 

20 to meet a ballast water performance standard under this 

21 Act to continue to use that system, notwithstanding any 

22 revision of a ballast water performance standard occurring 

23 after the system is ordered or installed until the expiration 

24 of the service life of the system, as determined by the Sec25 retary, so long as the system— 

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1 (1) is maintained in proper working condition; 

2 and 

3 (2) is maintained and used in accordance with 

4 the manufacturer’s specifications and any treatment 

5 technology certification conditions imposed by the 

6 Secretary under this section. 

7 (e) CERTIFICATES OF TYPE APPROVAL FOR THE

8 TREATMENT TECHNOLOGY.— 

9 (1) ISSUANCE.—If the Secretary approves a bal10 last water treatment technology for certification under 

11 subsection (b), the Secretary shall issue a certificate 

12 of type approval for the treatment technology to the 

13 manufacturer in such form and manner as the Sec14 retary determines appropriate. 

15 (2) CERTIFICATION CONDITIONS.—A certificate 

16 of type approval issued under paragraph (1) shall 

17 specify each condition imposed by the Secretary 

18 under subsection (c). 

19 (3) OWNERS AND OPERATORS.—A manufacturer 

20 that receives a certificate of type approval for the 

21 treatment technology under this subsection shall pro22 vide a copy of the certificate to each owner and oper23 ator of a vessel on which the treatment technology is 

24 installed. 

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1 (f) INSPECTIONS.—An owner or operator who receives 

2 a copy of a certificate under subsection (e)(3) shall retain 

3 a copy of the certificate onboard the vessel and make the 

4 copy of the certificate available for inspection at all times 

5 while the owner or operator is utilizing the treatment tech6 nology. 

7 (g) BIOCIDES.—The Secretary may not approve a bal8 last water treatment technology under subsection (b) if— 

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

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

11 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

12 136), unless the biocide is registered under that Act 

13 or the Secretary, in consultation with Administrator, 

14 has approved the use of the biocide in such treatment 

15 technology; or 

16 (2) it uses or generates a biocide the discharge of 

17 which causes or contributes to a violation of a water 

18 quality standard under section 303 of the Federal 

19 Water Pollution Control Act (33 U.S.C. 1313). 

20 (h) PROHIBITION.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the use of a ballast water treatment tech23 nology by an owner or operator of a vessel shall not 

24 satisfy the requirements of this Act unless it has been 

25 approved by the Secretary under subsection (b). 

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1 (2) EXCEPTIONS.— 

2 (A) COAST GUARD SHIPBOARD TECHNOLOGY

3 EVALUATION PROGRAM.—An owner or operator 

4 may use a ballast water treatment technology 

5 that has not been certified by the Secretary to 

6 comply with the requirements of this section if 

7 the technology is being evaluated under the Coast 

8 Guard Shipboard Technology Evaluation Pro9 gram. 

10 (B) BALLAST WATER TREATMENT TECH11 NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 

12 An owner or operator may use a ballast water 

13 treatment technology that has not been certified 

14 by the Secretary to comply with the requirements 

15 of this section if the technology has been certified 

16 by a foreign entity and the certification dem17 onstrates performance and safety of the treat18 ment technology equivalent to the requirements of 

19 this section, as determined by the Secretary. 

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

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

22 in consultation with the Secretary, shall issue requirements 

23 for land-based and shipboard testing protocols or criteria 

24 for— 

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1 (1) certifying the performance of each ballast 

2 water treatment technology under this section; and 

3 (2) certifying laboratories to evaluate such treat4 ment technologies. 

5 SEC. 7. EXEMPTIONS. 

6 (a) IN GENERAL.—No permit shall be required or pro7 hibition enforced under any other provision of law for, nor 

8 shall any standards regarding a discharge incidental to the 

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

10 (1) a discharge incidental to the normal oper11 ation of a vessel if the vessel is less than 79 feet in 

12 length and engaged in commercial service (as defined 

13 in section 2101(5) of title 46, United States Code); 

14 (2) a discharge incidental to the normal oper15 ation of a vessel if the vessel is a fishing vessel, in16 cluding a fish processing vessel and a fish tender ves17 sel, (as defined in section 2101 of title 46, United 

18 States Code); 

19 (3) a discharge incidental to the normal oper20 ation of a vessel if the vessel is a recreational vessel 

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

22 States Code); 

23 (4) the placement, release, or discharge of equip24 ment, devices, or other material from a vessel for the 

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1 vironment or its natural resources in accordance with 

2 generally recognized scientific methods, principles, or 

3 techniques; 

4 (5) any discharge into navigable waters from a 

5 vessel authorized by an on-scene coordinator in ac6 cordance with part 300 of title 40, Code of Federal 

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

8 Regulations; 

9 (6) any discharge into navigable waters from a 

10 vessel that is necessary to secure the safety of the ves11 sel or human life, or to suppress a fire onboard the 

12 vessel or at a shoreside facility; or 

13 (7) a vessel of the armed forces of a foreign na14 tion when engaged in noncommercial service. 

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

16 be required or prohibition enforced under any other provi17 sion of law for, nor shall any ballast water performance 

18 standards under this Act apply to— 

19 (1) a ballast water discharge incidental to the 

20 normal operation of a vessel determined by the Sec21 retary to— 

22 (A) operate exclusively within a geographi23 cally limited area; 

24 (B) take up and discharge ballast water ex25 clusively within 1 Captain of the Port Zone esmstockstill on DSK4VPTVN1PROD with BILLS

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1 tablished by the Coast Guard unless the Sec2 retary determines such discharge poses a sub3 stantial risk of introduction or establishment of 

4 an aquatic nuisance species; 

5 (C) operate pursuant to a geographic re6 striction issued as a condition under section 

7 3309 of title 46, United States Code, or an 

8 equivalent restriction issued by the country of 

9 registration of the vessel; or 

10 (D) continuously take on and discharge bal11 last water in a flow-through system that does not 

12 introduce aquatic nuisance species into navi13 gable waters; 

14 (2) a ballast water discharge incidental to the 

15 normal operation of a vessel consisting entirely of 

16 water suitable for human consumption; or 

17 (3) a ballast water discharge incidental to the 

18 normal operation of a vessel in an alternative compli19 ance program established pursuant to section 8. 

20 (c) VESSELS WITH PERMANENT BALLAST WATER.— 

21 No permit shall be required or prohibition enforced under 

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

23 performance standard under this Act apply to, a vessel that 

24 carries all of its permanent ballast water in sealed tanks 

25 that are not subject to discharge. 

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

2 this Act shall be construed to apply to a vessel as follows: 

3 (1) A vessel owned or operated by the Depart4 ment of Defense (other than a time-chartered or voy5 age-chartered vessel). 

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

7 the Secretary of the department in which the Coast 

8 Guard is operating. 

9 SEC. 8. ALTERNATIVE COMPLIANCE PROGRAM. 

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

11 the Administrator, may promulgate regulations estab12 lishing 1 or more compliance programs as an alternative 

13 to ballast water management regulations issued under sec14 tion 5 for a vessel that— 

15 (1) has a maximum ballast water capacity of 

16 less than 8 cubic meters; 

17 (2) is less than 3 years from the end of the useful 

18 life of the vessel, as determined by the Secretary; or 

19 (3) discharges ballast water into a facility for 

20 the reception of ballast water that meets standards 

21 promulgated by the Administrator, in consultation 

22 with the Secretary. 

23 (b) PROMULGATION OF FACILITY STANDARDS.—Not 

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

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1 the Administrator, in consultation with the Secretary, shall 

2 promulgate standards for— 

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

4 into a reception facility; and 

5 (2) the disposal or treatment of the ballast water 

6 under paragraph (1). 

7 SEC. 9. JUDICIAL REVIEW. 

8 (a) IN GENERAL.—An interested person may file a pe9 tition for review of a final regulation promulgated under 

10 this Act in the United States Court of Appeals for the Dis11 trict of Columbia Circuit. 

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

13 120 days after the date that notice of the promulgation ap14 pears in the Federal Register. 

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

16 petition that is based solely on grounds that arise after the 

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

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

19 the grounds first arise. 

20 SEC. 10. EFFECT ON STATE AUTHORITY. 

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

22 thereof may adopt or enforce any statute or regulation of 

23 the State or political subdivision with respect to a discharge 

24 incidental to the normal operation of a vessel after the date 

25 of enactment of this Act. 

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1 (b) SAVINGS CLAUSE.—Notwithstanding subsection 

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

3 enforce a statute or regulation of the State or political sub4 division with respect to ballast water discharges incidental 

5 to the normal operation of a vessel that specifies a ballast 

6 water performance standard that is more stringent than the 

7 ballast water performance standard under section 

8 5(a)(1)(A) if the Secretary, after consultation with the Ad9 ministrator and any other Federal department or agency 

10 the Secretary considers appropriate, makes a determination 

11 that— 

12 (1) compliance with any performance standard 

13 specified in the statute or regulation can in fact be 

14 achieved and detected; 

15 (2) the technology and systems necessary to com16 ply with the statute or regulation are commercially 

17 available; and 

18 (3) the statute or regulation is consistent with 

19 obligations under relevant international treaties or 

20 agreements to which the United States is a party. 

21 (c) PETITION PROCESS.— 

22 (1) SUBMISSION.—The Governor of a State seek23 ing to adopt or enforce a statute or regulation under 

24 subsection (b) shall submit a petition to the Secretary 

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1 requesting the Secretary to review the statute or regu2 lation. 

3 (2) CONTENTS; TIMING.—A petition shall be ac4 companied by the scientific and technical information 

5 on which the petition is based, and may be submitted 

6 within 1 year of the date of enactment of this Act and 

7 every 10 years thereafter. 

8 (3) DETERMINATIONS.—The Secretary shall 

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

11 petition is received. 

12 SEC. 11. APPLICATION WITH OTHER STATUTES. 

13 Notwithstanding any other provision of law, this Act 

14 shall be the exclusive statutory authority for regulation by 

15 the Federal Government of discharges incidental to the nor16 mal operation of a vessel to which this Act applies. Except 

17 as provided under section 5(a)(1)(A), any regulation in ef18 fect on the date immediately preceding the effective date of 

19 this Act relating to any permitting requirement for or pro20 hibition on discharges incidental to the normal operation 

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

22 a regulation issued pursuant to the authority of this Act 

23 and shall remain in full force and effect unless or until su24 perseded by new regulations issued hereunder. 

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Calendar No. 171 

114TH CONGRESS 

1ST SESSION S. 373 

[Report No. 114–96] 

A BILL 

To provide for the establishment of nationally uniation of a vessel. erning discharges incidental to the normal oper- form and environmentally sound standards govJULY 29, 2015 

Reported with an amendment 

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