IB 

Union Calendar No. 178 

112TH CONGRESS 

1ST SESSION H. R. 2840 

[Report No. 112–266] 

To amend the Federal Water Pollution Control Act to regulate discharges 

from commercial vessels, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 2, 2011 

Mr. LOBIONDO (for himself, Mr. MICA, and Mr. GIBBS) introduced the 

following bill 

SEPTEMBER 6, 2011 

Referred to the Committee on Transportation and Infrastructure 

NOVEMBER 3, 2011 

Additional sponsors: Mr. LANDRY, Mr. LATOURETTE, Mr. COOPER, Ms. 

HERRERA BEUTLER, and Mr. CRAVAACK

NOVEMBER 3, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on September 2, 2011] 


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A BILL 

To amend the Federal Water Pollution Control Act to regulate discharges from commercial vessels, and for other 

purposes. 


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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. 

4 This Act may be cited as the ‘‘Commercial Vessel Dis5 charges Reform Act of 2011’’. 

6 SEC. 2. DISCHARGES FROM COMMERCIAL VESSELS. 

7 Title III of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1311 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS. 

11 ‘‘(a) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 ‘‘(1) 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 ‘‘(2) 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 commercial 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 system of the vessel. 

6 ‘‘(B) EXCLUSION.—The term ‘ballast water’ 

7 does not include any pollutant that is added to 

8 water described in subparagraph (A) that is not 

9 directly related to the operation of a properly 

10 functioning ballast water treatment technology 

11 certified under subsection (e). 

12 ‘‘(3) BALLAST WATER PERFORMANCE STAND13 ARD.—The term ‘ballast water performance standard’ 

14 or ‘performance standard’ means a numerical ballast 

15 water performance standard specified under sub16 section (c) or established under subsection (d). 

17 ‘‘(4) BALLAST WATER TREATMENT SYSTEM.—The 

18 term ‘ballast water treatment system’ means any 

19 equipment on board a commercial vessel (including 

20 all compartments, piping, spaces, tanks, and multi21 use compartments, piping, spaces, and tanks) that 

22 is— 

23 ‘‘(A) designed for loading, carrying, treat24 ing, or discharging ballast water; and 


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1 ‘‘(B) installed and operated to meet a bal2 last water performance standard. 

3 ‘‘(5) BALLAST WATER TREATMENT TECH4 NOLOGY.—The term ‘ballast water treatment tech5 nology’ or ‘treatment technology’ means any mechan6 ical, physical, chemical, or biological process used, ei7 ther singularly or in combination, to remove, render 

8 harmless, or avoid the uptake or discharge of aquatic 

9 nuisance species within ballast water. 

10 ‘‘(6) BIOCIDE.—The term ‘biocide’ means a sub11 stance or organism, including a virus or fungus, that 

12 is introduced into, or produced by, a ballast water 

13 treatment technology as part of the process used to 

14 comply with a ballast water performance standard 

15 under this section. 

16 ‘‘(7) COMMERCIAL VESSEL.—The term ‘commer17 cial vessel’ means every description of watercraft, or 

18 other artificial contrivance used or capable of being 

19 used as a means of transportation on water, that is 

20 engaged in commercial service (as defined under sec21 tion 2101 of title 46, United States Code). 

22 ‘‘(8) CONSTRUCTED.—The term ‘constructed’ 

23 means a state of construction of a commercial vessel 

24 at which— 

25 ‘‘(A) the keel is laid; 


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1 ‘‘(B) construction identifiable with the spe2 cific vessel begins; 

3 ‘‘(C) assembly of the vessel has begun com4 prising at least 50 tons or 1 percent of the esti5 mated mass of all structural material of the ves6 sel, whichever is less; or 

7 ‘‘(D) the vessel commences a major conver8 sion. 

9 ‘‘(9) DISCHARGE INCIDENTAL TO THE NORMAL

10 OPERATION OF A COMMERCIAL VESSEL.— 

11 ‘‘(A) IN GENERAL.—The term ‘discharge in12 cidental to the normal operation of a commercial 

13 vessel’ means— 

14 ‘‘(i) a discharge into navigable waters 

15 from a commercial vessel of— 

16 ‘‘(I)(aa) graywater (except 

17 graywater referred to in section 

18 312(a)(6)), bilge water, cooling water, 

19 oil water separator effluent, anti-foul20 ing hull coating leachate, boiler or 

21 economizer blowdown, byproducts from 

22 cathodic protection, controllable pitch 

23 propeller and thruster hydraulic fluid, 

24 distillation and reverse osmosis brine, 

25 elevator pit effluent, firemain system 


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1 effluent, freshwater layup effluent, gas 

2 turbine wash water, motor gasoline 

3 and compensating effluent, refrigera4 tion and air condensate effluent, sea5 water pumping biofouling prevention 

6 substances, boat engine wet exhaust, 

7 sonar dome effluent, exhaust gas scrub8 ber washwater, or stern tube packing 

9 gland effluent; or 

10 ‘‘(bb) any other pollutant associ11 ated with the operation of a marine 

12 propulsion system, shipboard maneu13 vering system, habitability system, or 

14 installed major equipment, or from a 

15 protective, preservative, or absorptive 

16 application to the hull of a commercial 

17 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 prop2 erly functioning marine engine; or 

3 ‘‘(ii) a discharge of a pollutant into 

4 navigable waters in connection with the 

5 testing, maintenance, and repair of a sys6 tem, equipment, or engine described in sub7 clause (I)(bb) or (III) of clause (i) whenever 

8 the commercial vessel is waterborne. 

9 ‘‘(B) EXCLUSION.—The term ‘discharge in10 cidental to the normal operation of a commercial 

11 vessel’ does not include— 

12 ‘‘(i) a discharge into navigable waters 

13 from a commercial vessel of— 

14 ‘‘(I) ballast water; 

15 ‘‘(II) rubbish, trash, garbage, in16 cinerator ash, or other such material 

17 discharged overboard; 

18 ‘‘(III) oil or a hazardous sub19 stance within the meaning of section 

20 311; or 

21 ‘‘(IV) sewage within the meaning 

22 of section 312; or 

23 ‘‘(ii) an emission of an air pollutant 

24 resulting from the operation onboard a comVerDate Mar 15 2010 21:51 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2840.RH H2840

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1 mercial vessel of a vessel propulsion system, 

2 motor driven equipment, or incinerator. 

3 ‘‘(10) EXISTING COMMERCIAL VESSEL.—The 

4 term ‘existing commercial vessel’ means a commercial 

5 vessel constructed prior to January 1, 2012. 

6 ‘‘(11) GEOGRAPHICALLY LIMITED AREA.—The 

7 term ‘geographically limited area’ means an area— 

8 ‘‘(A) with a physical limitation that pre9 vents a commercial vessel from operating outside 

10 the area, as determined by the Secretary; or 

11 ‘‘(B) that is ecologically homogeneous, as 

12 determined by the Administrator, in consultation 

13 with the Secretary. 

14 ‘‘(12) MAJOR CONVERSION.—The term ‘major 

15 conversion’ means a conversion of a commercial vessel 

16 that— 

17 ‘‘(A) changes its ballast water capacity by 

18 15 percent or more; or 

19 ‘‘(B) prolongs the life of the commercial ves20 sel by 10 years or more, as determined by the 

21 Secretary. 

22 ‘‘(13) MANUFACTURER.—The term ‘manufac23 turer’ means a person engaged in the manufacturing, 

24 assembling, or importation of a ballast water treat25 ment technology. 


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1 ‘‘(14) NAVIGABLE WATERS.—The term ‘navigable 

2 waters’ includes the exclusive economic zone, as de3 fined in section 107 of title 46, United States Code. 

4 ‘‘(15) NONINDIGENOUS SPECIES.—The term 

5 ‘nonindigenous species’ means a species or other via6 ble biological material that enters an ecosystem be7 yond its historic range. 

8 ‘‘(16) OWNER OR OPERATOR.—The term ‘owner 

9 or operator’ means a person owning, operating, or 

10 chartering by demise a commercial vessel. 

11 ‘‘(17) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of the department in which the Coast 

13 Guard is operating. 

14 ‘‘(18) VESSEL GENERAL PERMIT.—The term 

15 ‘Vessel General Permit’ means the Vessel General Per16 mit for Discharges Incidental to the Normal Oper17 ation of Vessels issued by the Administrator under 

18 section 402 for ballast water and other discharges in19 cidental to the normal operation of vessels, as in effect 

20 on December 19, 2008, for all jurisdictions except 

21 Alaska and Hawaii, and February 6, 2009, for Alas22 ka and Hawaii. 

23 ‘‘(b) GENERAL PROVISIONS.— 

24 ‘‘(1) BALLAST WATER DISCHARGE REQUIRE25 MENTS FOR COMMERCIAL VESSELS.—An owner or opVerDate Mar 15 2010 21:51 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2840.RH H2840

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1 erator may discharge ballast water from a commer2 cial vessel into navigable waters only if— 

3 ‘‘(A) the discharge— 

4 ‘‘(i) meets the ballast water perform5 ance standard; 

6 ‘‘(ii) is made pursuant to the safety ex7 emption established by subsection (c)(2); 

8 ‘‘(iii) meets the requirements of an al9 ternative method of compliance established 

10 for the commercial vessel under subsection 

11 (f); or 

12 ‘‘(iv) is made pursuant to a deter13 mination that the commercial vessel meets 

14 the requirements relating to geographically 

15 limited areas under subsection (g); and 

16 ‘‘(B) the owner or operator discharges the 

17 ballast water in accordance with a ballast water 

18 management plan approved under subsection (i). 

19 ‘‘(2) APPLICABILITY.— 

20 ‘‘(A) COVERED VESSELS.—Paragraph (1) 

21 shall apply to the owner or operator of a com22 mercial vessel that is designed, constructed, or 

23 adapted to carry ballast water if the commercial 

24 vessel is— 


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1 ‘‘(i) documented under the laws of the 

2 United States; or 

3 ‘‘(ii) operating in navigable waters on 

4 a voyage to or from a point in the United 

5 States. 

6 ‘‘(B) EXEMPTED VESSELS.—Paragraph (1) 

7 shall not apply to the owner or operator of— 

8 ‘‘(i) a commercial vessel that carries 

9 all of its ballast water in sealed tanks that 

10 are not subject to discharge; 

11 ‘‘(ii) a commercial vessel that continu12 ously takes on and discharges ballast water 

13 in a flow-through system; 

14 ‘‘(iii) any vessel in the National De15 fense Reserve Fleet that is scheduled to be 

16 disposed of through scrapping or sinking; 

17 ‘‘(iv) a commercial vessel that dis18 charges ballast water consisting solely of 

19 water— 

20 ‘‘(I) taken aboard from a munic21 ipal or commercial source; and 

22 ‘‘(II) that, at the time the water is 

23 taken aboard, meets the applicable reg24 ulations or permit requirements for 

25 such source under the Safe Drinking 


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1 Water Act (42 U.S.C. 300f et seq.) and 

2 section 402 of this Act; or 

3 ‘‘(v) a commercial vessel that is 3 

4 years or fewer from the end of its useful life, 

5 as determined by the Secretary, on the date 

6 on which the regulations issued under para7 graph (3) become effective for the vessel pur8 suant to the implementation schedule issued 

9 under paragraph (3)(B). 

10 ‘‘(C) LIMITATION.—An exemption under 

11 subparagraph (B)(v) shall cease to be effective on 

12 the date that is 3 years after the date on which 

13 the regulations under paragraph (3) become ef14 fective for the commercial vessel pursuant to the 

15 implementation schedule issued under paragraph 

16 (3)(B). 

17 ‘‘(3) ISSUANCE OF REGULATIONS.— 

18 ‘‘(A) IN GENERAL.—Not later than 180 

19 days after the date of enactment of this section, 

20 the Secretary, in consultation with the Adminis21 trator, shall issue final regulations to implement 

22 the requirements of this section. 

23 ‘‘(B) PROPOSED RULE.—For the purposes of 

24 chapter 5 of title 5, United States Code, the pro25 posed rulemaking published by the Coast Guard 


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1 on August 28, 2009 (74 Fed. Reg. 44632; relat2 ing to standards for living organisms in ships’ 

3 ballast water discharged in U.S. waters), shall 

4 serve as a proposed rule for the purposes of 

5 issuing regulations under this section. 

6 ‘‘(4) COMPLIANCE SCHEDULES.— 

7 ‘‘(A) INITIAL PERFORMANCE STANDARD

8 COMPLIANCE DEADLINES.— 

9 ‘‘(i) IN GENERAL.—An owner or oper10 ator shall comply with the performance 

11 standard established under subsection (c) on 

12 or before the deadline that applies to the 

13 commercial vessel of the owner or operator, 

14 as specified in clause (ii). 

15 ‘‘(ii) DEADLINES.—The deadlines for 

16 compliance with the performance standard 

17 established under subsection (c) are as fol18 lows: 

19 ‘‘(I) For a commercial vessel con20 structed on or after January 1, 2012, 

21 the date of delivery of the vessel. 

22 ‘‘(II) For an existing commercial 

23 vessel with a ballast water capacity of 

24 less than 1,500 cubic meters, the date 


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1 of the first drydocking of the vessel 

2 after January 1, 2016. 

3 ‘‘(III) For an existing commercial 

4 vessel with a ballast water capacity of 

5 at least 1,500 cubic meters but not 

6 more than 5,000 cubic meters, the date 

7 of the first drydocking of the vessel 

8 after January 1, 2014. 

9 ‘‘(IV) For an existing commercial 

10 vessel with a ballast water capacity of 

11 greater than 5,000 cubic meters, the 

12 date of the first drydocking of the vessel 

13 after January 1, 2016. 

14 ‘‘(iii) REGULATIONS.—In issuing regu15 lations under paragraph (3), the Secretary 

16 shall include a compliance schedule that sets 

17 forth the deadlines specified in clause (ii). 

18 ‘‘(B) REVISED PERFORMANCE STANDARD

19 COMPLIANCE DEADLINES.— 

20 ‘‘(i) IN GENERAL.—Upon revision of a 

21 performance standard under subsection (d), 

22 the Secretary, in consultation with the Ad23 ministrator, shall issue a compliance sched24 ule that establishes deadlines for an owner 


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1 or operator to comply with the revised per2 formance standard. 

3 ‘‘(ii) FACTORS.—In issuing a compli4 ance schedule under this subparagraph, the 

5 Secretary— 

6 ‘‘(I) shall consider the factors 

7 identified in subparagraph (C)(iv); 

8 and 

9 ‘‘(II) may establish different com10 pliance deadlines based on vessel class, 

11 type, or size. 

12 ‘‘(iii) VESSELS CONSTRUCTED AFTER

13 ISSUANCE OF REVISED PERFORMANCE

14 STANDARDS.—A compliance schedule issued 

15 under this subparagraph with respect to a 

16 revised performance standard shall require, 

17 at a minimum, the owner or operator of a 

18 commercial vessel that commences a major 

19 conversion or is constructed on or after the 

20 date of issuance of the revised performance 

21 standard to comply with the revised per22 formance standard. 

23 ‘‘(C) EXTENSION OF COMPLIANCE DEAD24 LINES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary may 

2 extend a compliance deadline established 

3 under subparagraph (A) or (B) on the Sec4 retary’s own initiative or in response to a 

5 petition submitted by an owner or operator. 

6 ‘‘(ii) PROCESSES FOR GRANTING EX7 TENSIONS.—In issuing regulations under 

8 paragraph (3), the Secretary shall estab9 lish— 

10 ‘‘(I) a process for the Secretary, 

11 in consultation with the Adminis12 trator, to issue an extension of a com13 pliance deadline established under sub14 paragraph (A) or (B) for a commercial 

15 vessel (or class, type, or size of vessel); 

16 and 

17 ‘‘(II) a process for an owner or 

18 operator to submit a petition to the 

19 Secretary for an extension of a compli20 ance deadline established under sub21 paragraph (A) or (B) with respect to 

22 the commercial vessel of the owner or 

23 operator. 


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1 ‘‘(iii) PERIOD OF EXTENSIONS.—An 

2 extension issued under this subparagraph 

3 shall— 

4 ‘‘(I) apply for a period of not to 

5 exceed 18 months; and 

6 ‘‘(II) be renewable for an addi7 tional period of not to exceed 18 

8 months. 

9 ‘‘(iv) FACTORS.—In issuing an exten10 sion or reviewing a petition under this sub11 paragraph, the Secretary shall consider, 

12 with respect to the ability of an owner or 

13 operator to meet a compliance deadline, the 

14 following factors: 

15 ‘‘(I) Whether the treatment tech16 nology to be installed is available in 

17 sufficient quantities to meet the com18 pliance deadline. 

19 ‘‘(II) Whether there is sufficient 

20 shipyard or other installation facility 

21 capacity. 

22 ‘‘(III) Whether there is sufficient 

23 availability of engineering and design 

24 resources. 


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1 ‘‘(IV) Vessel characteristics, such 

2 as engine room size, layout, or a lack 

3 of installed piping. 

4 ‘‘(V) Electric power generating ca5 pacity aboard the vessel. 

6 ‘‘(VI) Safety of the vessel and 

7 crew. 

8 ‘‘(v) CONSIDERATION OF PETITIONS.— 

9 ‘‘(I) DETERMINATIONS.—The Sec10 retary shall approve or deny a petition 

11 for an extension of a compliance dead12 line submitted by an owner or operator 

13 under this subparagraph. 

14 ‘‘(II) DEADLINE.—If the Sec15 retary does not approve or deny a peti16 tion referred to in subclause (I) on or 

17 before the last day of the 90-day period 

18 beginning on the date of submission of 

19 the petition, the petition shall be 

20 deemed approved. 

21 ‘‘(c) BALLAST WATER PERFORMANCE STANDARD FOR

22 COMMERCIAL VESSELS.— 

23 ‘‘(1) IN GENERAL.—To meet the ballast water 

24 performance standard, an owner or operator shall— 


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1 ‘‘(A) conduct ballast water treatment before 

2 discharging ballast water from a commercial ves3 sel into navigable waters using a ballast water 

4 treatment technology certified for the vessel (or 

5 class, type, or size of vessel) under subsection (e); 

6 and 

7 ‘‘(B) ensure that any ballast water so dis8 charged meets, at a minimum, the numerical 

9 ballast water performance standard set forth in 

10 the International Convention for the Control and 

11 Management of Ships’ Ballast Water and Sedi12 ments, as adopted on February 13, 2004, or a re13 vised numerical ballast water performance 

14 standard established under subsection (d). 

15 ‘‘(2) SAFETY EXEMPTION.—Notwithstanding 

16 paragraph (1), an owner or operator may discharge 

17 ballast water without regard to a ballast water per18 formance standard if— 

19 ‘‘(A) the discharge is done solely to ensure 

20 the safety of life at sea; 

21 ‘‘(B) the discharge is accidental and the re22 sult of damage to the commercial vessel or its 

23 equipment and— 


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1 ‘‘(i) all reasonable precautions to pre2 vent or minimize the discharge have been 

3 taken; and 

4 ‘‘(ii) the owner or operator did not 

5 willfully or recklessly cause such damage; or 

6 ‘‘(C) the discharge is solely for the purpose 

7 of avoiding or minimizing discharge from the 

8 vessel of pollution that would otherwise violate 

9 an applicable Federal or State law. 

10 ‘‘(d) REVIEW OF PERFORMANCE STANDARD.— 

11 ‘‘(1) IN GENERAL.—Not later than January 1, 

12 2016, and every 10 years thereafter, the Adminis13 trator, in consultation with the Secretary, shall com14 plete a review to determine whether revising the bal15 last water performance standard would result in a 

16 scientifically demonstrable and substantial reduction 

17 in the risk of the introduction or establishment of 

18 aquatic nuisance species. 

19 ‘‘(2) CONSIDERATIONS.—In conducting the re20 view, the Administrator shall consider— 

21 ‘‘(A) improvements in the scientific under22 standing of biological and ecological processes 

23 that lead to the introduction or establishment of 

24 aquatic nuisance species; 


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1 ‘‘(B) improvements in ballast water treat2 ment technology, including— 

3 ‘‘(i) the capability of such technology 

4 to achieve a revised ballast water perform5 ance standard; 

6 ‘‘(ii) the effectiveness and reliability of 

7 such technology in the shipboard environ8 ment; 

9 ‘‘(iii) the compatibility of such tech10 nology with the design and operation of 

11 commercial vessels by class, type, and size; 

12 ‘‘(iv) the commercial availability of 

13 such technology; and 

14 ‘‘(v) the safety of such technology; 

15 ‘‘(C) improvements in the capabilities to de16 tect, quantify, and assess the viability of aquatic 

17 nuisance species at the concentrations under con18 sideration; 

19 ‘‘(D) the impact of ballast water treatment 

20 technology on water quality; and 

21 ‘‘(E) the costs, cost-effectiveness, and im22 pacts of— 

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1 pacts on shipping, trade, and other uses of 

2 the aquatic environment; and 

3 ‘‘(ii) maintaining the existing ballast 

4 water performance standard, including the 

5 potential impacts on water-related infra6 structure, recreation, the propagation of na7 tive fish, shellfish, and wildlife, and other 

8 uses of navigable waters. 

9 ‘‘(3) REVISION OF PERFORMANCE STANDARD.— 

10 ‘‘(A) RULEMAKING.—If, pursuant to a re11 view conducted under paragraph (1), the Admin12 istrator, in consultation with the Secretary, de13 termines that revising the ballast water perform14 ance standard would result in a scientifically de15 monstrable and substantial reduction in the risk 

16 of the introduction or establishment of aquatic 

17 nuisance species, the Administrator shall under18 take a rulemaking to revise the performance 

19 standard. 

20 ‘‘(B) SPECIAL RULE.—The Administrator 

21 may not issue a revised performance standard 

22 pursuant to this paragraph that applies to a 

23 commercial vessel constructed prior to the date 

24 on which the revised performance standard is 

25 issued unless the revised performance standard is 


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1 at least 2 orders of magnitude more stringent 

2 than the performance standard in effect on the 

3 date that the review is completed. 

4 ‘‘(4) STATE PETITION FOR REVIEW OF PERFORM5 ANCE STANDARDS.— 

6 ‘‘(A) IN GENERAL.—The Governor of a 

7 State may submit a petition requesting that the 

8 Administrator review a ballast water perform9 ance standard if there is significant new infor10 mation that could reasonably indicate the per11 formance standard could be revised to result in 

12 a scientifically demonstrable and substantial re13 duction in the risk of the introduction or estab14 lishment of aquatic nuisance species. 

15 ‘‘(B) TIMING.—A Governor may not submit 

16 a petition under subparagraph (A) during the 1- 

17 year period following the date of completion of a 

18 review under paragraph (1). 

19 ‘‘(C) REQUIRED INFORMATION.—A petition 

20 submitted to the Administrator under subpara21 graph (A) shall include the scientific and tech22 nical information on which the petition is based. 

23 ‘‘(D) REVIEW AND REPORTING.—Upon re24 ceipt of a petition from a Governor under sub25 paragraph (A), the Administrator shall make 


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1 publicly available a copy of the petition, includ2 ing the scientific and technical information pro3 vided by the Governor under subparagraph (C). 

4 ‘‘(E) REVIEW AND REVISION OF PERFORM5 ANCE STANDARDS.— 

6 ‘‘(i) IN GENERAL.—If, after receiving a 

7 petition submitted by a Governor under 

8 subparagraph (A) for review of a perform9 ance standard, the Administrator, in con10 sultation with the Secretary, determines 

11 that the petition warrants additional ac12 tion, the Administrator may— 

13 ‘‘(I) in consultation with the Sec14 retary, initiate a review of the per15 formance standard under paragraph 

16 (1); and 

17 ‘‘(II) in consultation with the Sec18 retary, revise the performance standard 

19 through a rulemaking under para20 graph (3)(A), subject to the limitation 

21 in paragraph (3)(B). 

22 ‘‘(ii) TREATMENT OF MORE THAN ONE

23 PETITION AS A SINGLE PETITION.—The Ad24 ministrator may treat more than one peti25 tion as a single petition for review. 


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1 ‘‘(e) TREATMENT TECHNOLOGY CERTIFICATION.— 

2 ‘‘(1) CERTIFICATION REQUIRED.— 

3 ‘‘(A) CERTIFICATION PROCESS.— 

4 ‘‘(i) EVALUATION.—Upon application 

5 of a manufacturer, the Secretary shall 

6 evaluate a ballast water treatment tech7 nology with respect to— 

8 ‘‘(I) whether the treatment tech9 nology meets the ballast water perform10 ance standard when installed on a 

11 commercial vessel (or a class, type, or 

12 size of commercial vessel); 

13 ‘‘(II) the effect of the treatment 

14 technology on commercial vessel safety; 

15 and 

16 ‘‘(III) any other criteria the Sec17 retary considers appropriate. 

18 ‘‘(ii) CERTIFICATION.—If, after con19 ducting the evaluation required by clause 

20 (i), the Secretary determines the treatment 

21 technology meets the criteria established 

22 under such clause, the Secretary may certify 

23 the treatment technology for use on a com24 mercial vessel (or a class, type, or size of 

25 commercial vessel). 


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1 ‘‘(iii) SUSPENSION AND REVOCATION

2 OF CERTIFICATION.—The Secretary shall, by 

3 regulation, establish a process to suspend or 

4 revoke a certification issued under this sub5 paragraph. 

6 ‘‘(B) CERTIFICATES OF TYPE APPROVAL.— 

7 ‘‘(i) ISSUANCE OF CERTIFICATES TO

8 MANUFACTURER.—If the Secretary certifies 

9 a ballast water treatment technology under 

10 subparagraph (A), the Secretary shall issue 

11 to the manufacturer of the treatment tech12 nology, in such form and manner as the 

13 Secretary determines appropriate, a certifi14 cate of type approval for the treatment tech15 nology. 

16 ‘‘(ii) CONDITIONS TO BE INCLUDED IN

17 CERTIFICATES.—A certificate of type ap18 proval issued under clause (i) shall include 

19 any conditions that are imposed by the Sec20 retary under paragraph (2). 

21 ‘‘(iii) ISSUANCE OF COPIES OF CER22 TIFICATES TO OWNERS AND OPERATORS.—A 

23 manufacturer that receives a certificate of 

24 type approval under clause (i) for a ballast 

25 water treatment technology shall furnish a 


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1 copy of the certificate to any owner or oper2 ator of a commercial vessel on which the 

3 treatment technology is installed. 

4 ‘‘(iv) INSPECTIONS.—An owner or op5 erator who receives a copy of a certificate 

6 under clause (iii) for a ballast water treat7 ment technology installed on a commercial 

8 vessel shall retain a copy of the certificate 

9 onboard the commercial vessel and make the 

10 copy of the certificate available for inspec11 tion at all times that such owner or oper12 ator is utilizing the treatment technology. 

13 ‘‘(C) TREATMENT TECHNOLOGIES THAT USE

14 OR GENERATE BIOCIDES.—The Secretary may 

15 not certify a ballast water treatment technology 

16 that— 

17 ‘‘(i) uses a biocide or generates a 

18 biocide that is a ‘pesticide’, as defined in 

19 section 2 of the Federal Insecticide, Fun20 gicide, and Rodenticide Act (7 U.S.C. 136), 

21 unless the biocide is registered under such 

22 Act or the Administrator has approved the 

23 use of such biocide in such treatment tech24 nology; or 


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1 ‘‘(ii) uses or generates a biocide the 

2 discharge of which causes or contributes to 

3 a violation of a water quality standard 

4 under section 303 of this Act. 

5 ‘‘(D) PROHIBITION.— 

6 ‘‘(i) IN GENERAL.—Except as provided 

7 by clause (ii), an owner or operator may 

8 not use a ballast water treatment technology 

9 to comply with the requirements of this sec10 tion unless the Secretary has certified the 

11 treatment technology under subparagraph 

12 (A). 

13 ‘‘(ii) EXCEPTIONS.— 

14 ‘‘(I) COAST GUARD SHIPBOARD

15 TECHNOLOGY EVALUATION PROGRAM.— 

16 An owner or operator may use a bal17 last water treatment technology that 

18 has not been certified by the Secretary 

19 to comply with the requirements of this 

20 section if the technology is being evalu21 ated under the Coast Guard Shipboard 

22 Technology Evaluation Program. 

23 ‘‘(II) BALLAST WATER TREAT24 MENT TECHNOLOGIES CERTIFIED BY

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1 erator may use a ballast water treat2 ment technology that has not been cer3 tified by the Secretary to comply with 

4 the requirements of this section if the 

5 technology has been certified by a for6 eign entity and the certification dem7 onstrates performance and safety of the 

8 treatment technology equivalent to the 

9 requirements of this subsection, as de10 termined by the Secretary. 

11 ‘‘(2) CERTIFICATION CONDITIONS.— 

12 ‘‘(A) IMPOSITION OF CONDITIONS.—In certi13 fying a ballast water treatment technology under 

14 this subsection, the Secretary, in consultation 

15 with the Administrator, may impose any condi16 tion on the subsequent installation, use, or main17 tenance of the treatment technology onboard a 

18 commercial vessel as is necessary for— 

19 ‘‘(i) the safety of the vessel, the crew of 

20 the vessel, and any passengers aboard the 

21 vessel; 

22 ‘‘(ii) the protection of the environment; 

23 and 

24 ‘‘(iii) the effective operation of the 

25 treatment technology. 


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1 ‘‘(B) FAILURE TO COMPLY.—The failure of 

2 an owner or operator to comply with a condition 

3 imposed under subparagraph (A) is a violation 

4 of this section. 

5 ‘‘(3) USE OF BALLAST WATER TREATMENT TECH6 NOLOGIES ONCE INSTALLED.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), an owner or operator who installs a 

9 ballast water treatment technology that the Sec10 retary has certified under paragraph (1) may 

11 use the treatment technology, notwithstanding 

12 any revisions to a ballast water performance 

13 standard occurring after the installation so long 

14 as the owner or operator— 

15 ‘‘(i) maintains the treatment tech16 nology in proper working condition; and 

17 ‘‘(ii) maintains and uses the treatment 

18 technology in accordance with— 

19 ‘‘(I) the manufacturer’s specifica20 tions; and 

21 ‘‘(II) any conditions imposed by 

22 the Secretary under paragraph (2). 

23 ‘‘(B) LIMITATION.—Subparagraph (A) shall 

24 cease to apply with respect to a commercial ves25 sel after the first to occur of the following: 


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1 ‘‘(i) The expiration of the service life of 

2 the ballast water treatment technology of the 

3 vessel, as determined by the Secretary. 

4 ‘‘(ii) The expiration of service life of 

5 the vessel, as determined by the Secretary. 

6 ‘‘(iii) The completion of a major con7 version of the vessel. 

8 ‘‘(4) TESTING PROTOCOLS.—Not later than 180 

9 days after the date of enactment of this section, the 

10 Administrator, in consultation with the Secretary, 

11 shall issue guidelines specifying land-based and ship12 board testing protocols or criteria for— 

13 ‘‘(A) certifying the performance of ballast 

14 water treatment technologies under this sub15 section; and 

16 ‘‘(B) certifying laboratories to evaluate such 

17 treatment technologies. 

18 ‘‘(5) PROHIBITION.—Following the date on 

19 which the requirements of subsection (b)(1) apply 

20 with respect to a commercial vessel pursuant to the 

21 implementation schedule issued under subsection 

22 (b)(3)(B), no manufacturer of a ballast water treat23 ment technology shall sell, offer for sale, or introduce 

24 or deliver for introduction into interstate commerce, 

25 or import into the United States for sale or resale, a 


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1 ballast water treatment technology for the commercial 

2 vessel unless the technology has been certified under 

3 this subsection. 

4 ‘‘(f) ALTERNATIVE METHODS OF COMPLIANCE.— 

5 ‘‘(1) ESTABLISHMENT.—Not later than 180 days 

6 after the date of enactment of this section, the Sec7 retary, in consultation with the Administrator, shall 

8 establish an alternative method of compliance with 

9 this section for a commercial vessel having a max10 imum ballast water capacity of less than 8 cubic me11 ters. 

12 ‘‘(2) FACTORS FOR CONSIDERATION.—In estab13 lishing an alternative method of compliance under 

14 paragraph (1), the Secretary shall consider— 

15 ‘‘(A) the effectiveness of the alternative 

16 method in reducing the risk of the introduction 

17 or establishment of aquatic nuisance species rel18 ative to the performance standard; and 

19 ‘‘(B) any other factor the Secretary con20 siders appropriate. 

21 ‘‘(3) BEST MANAGEMENT PRACTICES.—The Sec22 retary may establish as an alternative method of com23 pliance appropriate ballast water best management 

24 practices to minimize the introduction or establish25 ment of aquatic nuisance species. 


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1 ‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— 

2 ‘‘(1) IN GENERAL.—Subsections (c), (e), and (i) 

3 shall not apply to a commercial vessel that— 

4 ‘‘(A) operates exclusively within a geo5 graphically limited area, as determined by the 

6 Secretary, in consultation with the Adminis7 trator; or 

8 ‘‘(B) operates pursuant to a geographic re9 striction issued for the commercial vessel under 

10 section 3309 of title 46, United States Code. 

11 ‘‘(2) PETITION FOR DETERMINATION BY THE

12 SECRETARY.— 

13 ‘‘(A) SUBMISSION OF PETITIONS.—Fol14 lowing the date of issuance of final regulations 

15 under subsection (b), an owner or operator may 

16 petition the Secretary for a determination under 

17 paragraph (1). 

18 ‘‘(B) DETERMINATIONS.—The Secretary 

19 shall approve or deny a petition submitted by an 

20 owner or operator under subparagraph (A). 

21 ‘‘(C) DEADLINE.—If the Secretary does not 

22 approve or deny a petition submitted by an 

23 owner or operator under subparagraph (A) on or 

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1 ning on the date of submission of the petition, 

2 the petition shall be deemed approved. 

3 ‘‘(3) NOTIFICATION.—The Secretary shall notify 

4 the Administrator and the Governor of each State the 

5 waters of which could be affected by the discharge of 

6 ballast water from a commercial vessel for which a 

7 petition has been granted under paragraph (2) of the 

8 granting of any such petition. 

9 ‘‘(4) BEST MANAGEMENT PRACTICES.—For a 

10 commercial vessel for which a petition is granted 

11 under paragraph (2), the Secretary shall require the 

12 owner or operator to implement appropriate ballast 

13 water best management practices to minimize the in14 troduction or establishment of aquatic nuisance spe15 cies. 

16 ‘‘(h) RECEPTION FACILITIES.— 

17 ‘‘(1) IN GENERAL.—An owner or operator shall 

18 discharge ballast water in compliance with subsection 

19 (c) or (f) unless discharging ballast water into— 

20 ‘‘(A) an onshore facility for the reception of 

21 ballast water that meets standards issued by the 

22 Administrator, in consultation with the Sec23 retary; or 

24 ‘‘(B) an offshore facility for the reception of 

25 ballast water that meets standards issued by the 


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1 Secretary, in consultation with the Adminis2 trator. 

3 ‘‘(2) ISSUANCE OF STANDARDS.—Not later than 

4 2 years after the date of enactment of this section— 

5 ‘‘(A) the Administrator, in consultation 

6 with the Secretary, shall issue the standards re7 ferred to in paragraph (1)(A); and 

8 ‘‘(B) the Secretary, in consultation with the 

9 Administrator, shall issue the standards referred 

10 to in paragraph (1)(B). 

11 ‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec12 retary, in consultation with the Administrator, and 

13 upon petition by an owner or operator, may issue to 

14 an owner or operator a certificate stating that a com15 mercial vessel is in compliance with the requirements 

16 of subsection (b)(1)(A) if discharging ballast water 

17 into a facility meeting the standards issued under 

18 this subsection is the sole method by which the owner 

19 or operator discharges ballast water from the commer20 cial vessel. 

21 ‘‘(4) BALLAST WATER MANAGEMENT PLANS.—An 

22 owner or operator discharging ballast water under 

23 this subsection shall discharge such water in accord24 ance with a ballast water management plan approved 

25 under subsection (i). 


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1 ‘‘(i) COMMERCIAL VESSEL BALLAST WATER MANAGE2 MENT PLAN.— 

3 ‘‘(1) IN GENERAL.—An owner or operator shall 

4 discharge ballast water in accordance with a ballast 

5 water management plan that— 

6 ‘‘(A) meets requirements prescribed by the 

7 Secretary; and 

8 ‘‘(B) is approved by the Secretary. 

9 ‘‘(2) FOREIGN COMMERCIAL VESSELS.—The Sec10 retary may approve a ballast water management 

11 plan for a foreign commercial vessel on the basis of 

12 a certificate of compliance issued by the country of 

13 registration of the commercial vessel if the require14 ments of the government of that country for a ballast 

15 water management plan are substantially equivalent 

16 to regulations issued by the Secretary. 

17 ‘‘(3) RECORDKEEPING.— 

18 ‘‘(A) IN GENERAL.—Except as provided by 

19 subparagraph (B), an owner or operator shall 

20 maintain in English and have available for in21 spection by the Secretary a ballast water record 

22 book in which each operation of the commercial 

23 vessel involving a ballast water discharge is re24 corded in accordance with regulations issued by 

25 the Secretary. 


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1 ‘‘(B) ALTERNATIVE MEANS OF RECORD2 KEEPING.—The Secretary may provide for alter3 native methods of recordkeeping, including elec4 tronic recordkeeping, to comply with the require5 ments of this paragraph. 

6 ‘‘(j) REGULATION OF BALLAST WATER DIS7 CHARGES.—Effective on and after the date of enactment of 

8 this section— 

9 ‘‘(1) the Administrator (or a State in the case of 

10 a permit program approved under section 402) shall 

11 not require any new permit or permit condition 

12 under section 402 for any discharge of ballast water 

13 from a commercial vessel into navigable waters; and 

14 ‘‘(2) except as provided by subsection (k), a State 

15 or political subdivision thereof shall not adopt or en16 force any law or regulation of the State or political 

17 subdivision with respect to such a discharge. 

18 ‘‘(k) STATE AUTHORITY.— 

19 ‘‘(1) STATE PROGRAMS.—The Governor of a 

20 State desiring to administer its own inspection and 

21 enforcement authority for ballast water discharges 

22 within its jurisdiction may submit to the Secretary a 

23 complete description of the program the Governor pro24 poses to establish and administer under State law. In 

25 addition, the Governor shall submit a statement from 


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1 the State attorney general that the laws of the State 

2 provide adequate authority to carry out the described 

3 program. 

4 ‘‘(2) APPROVAL.—The Secretary, with the con5 currence of the Administrator, may approve a pro6 gram of a State submitted under paragraph (1) pro7 viding for the State’s own inspection and enforcement 

8 authority for ballast water discharges within its juris9 diction, if the Secretary determines that the State 

10 possesses adequate resources to— 

11 ‘‘(A) inspect, monitor, and board a commer12 cial vessel at any time, including the taking and 

13 testing of ballast water samples, to ensure the 

14 commercial vessel’s compliance with this section; 

15 ‘‘(B) ensure that any ballast water dis16 charged within the waters subject to the jurisdic17 tion of the State meets the requirements of this 

18 section; 

19 ‘‘(C) establish adequate procedures for re20 porting violations of this section; 

21 ‘‘(D) investigate and abate violations of this 

22 section, including the imposition of civil and 

23 criminal penalties consistent with subsection (o); 

24 and 


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1 ‘‘(E) ensure that the Secretary and the Ad2 ministrator receive notice of each violation of 

3 this section in an expeditious manner. 

4 ‘‘(3) COMPLIANCE.—Any State program ap5 proved under paragraph (2) shall at all times be con6 ducted in accordance with this subsection. 

7 ‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever the 

8 Secretary, in consultation with the Administrator, de9 termines, after providing notice and the opportunity 

10 for a public hearing, that a State is not admin11 istering a program in accordance with the terms of 

12 the program as approved under paragraph (2), the 

13 Secretary shall notify the State, and, if appropriate 

14 corrective action is not taken within a period of time 

15 not to exceed 90 days, the Secretary, with the concur16 rence of the Administrator, shall withdraw approval 

17 of the program. The Secretary shall not withdraw ap18 proval of a program unless the Secretary has first no19 tified the State and made public, in writing, the rea20 sons for the withdrawal. 

21 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC22 TION.—Nothing in this subsection shall limit the au23 thority of the Administrator or the Secretary to carry 

24 out inspections of any commercial vessel under sub25 section (n). 


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1 ‘‘(6) STATE LAWS.—Notwithstanding any other 

2 provision of this section, a State may enact such laws 

3 as are necessary to provide for the implementation of 

4 the State ballast water inspection and enforcement 

5 program provided under this subsection. The require6 ments for a ballast water inspection and enforcement 

7 program contained in such State law shall be sub8 stantively and procedurally equivalent to those re9 quired in this section, and any requirements relating 

10 to recordkeeping, reporting, and sampling or analysis 

11 contained in such State law shall be substantively 

12 and procedurally equivalent to the requirements of 

13 this section and its implementing regulations and 

14 guidance. 

15 ‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL OPER16 ATIONS OF A COMMERCIAL VESSEL.— 

17 ‘‘(1) EVALUATION OF INCIDENTAL DIS18 CHARGES.— 

19 ‘‘(A) IN GENERAL.—Not later than 3 years 

20 after the date of enactment of this section, the 

21 Administrator, in consultation with the Sec22 retary, shall complete an evaluation of dis23 charges incidental to the normal operation of a 

24 commercial vessel. 


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1 ‘‘(B) FACTORS.—In carrying out the eval2 uation, the Administrator shall analyze— 

3 ‘‘(i) the characterization of the various 

4 types and composition of discharges inci5 dental to the normal operation of a com6 mercial vessel by different classes, types, 

7 and sizes of commercial vessels; 

8 ‘‘(ii) the volume of such discharges for 

9 representative individual commercial vessels 

10 and by classes, types, and sizes of commer11 cial vessels in the aggregate; 

12 ‘‘(iii) the availability and feasibility of 

13 implementing technologies or best manage14 ment practices for the control of such dis15 charges; 

16 ‘‘(iv) the characteristics of the receiving 

17 waters of such discharges; 

18 ‘‘(v) the nature and extent of potential 

19 effects of such discharges on human health, 

20 welfare, and the environment; 

21 ‘‘(vi) the extent to which such dis22 charges are currently subject to and ad23 dressed by regulations under existing Fed24 eral laws or binding international obliga25 tions of the United States; and 


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1 ‘‘(vii) any additional factor that the 

2 Administrator considers appropriate. 

3 ‘‘(2) REGULATION OF INCIDENTAL DIS4 CHARGES.—Effective on and after the date of enact5 ment of this section— 

6 ‘‘(A) the Administrator (or a State in the 

7 case of a permit program approved under section 

8 402) shall not require any new permit or permit 

9 conditions under section 402 for any discharge 

10 incidental to the normal operation of a commer11 cial vessel; and 

12 ‘‘(B) a State or political subdivision thereof 

13 shall not adopt or enforce any law or regulation 

14 of the State or political subdivision with respect 

15 to such a discharge. 

16 ‘‘(m) EFFECT ON VESSEL GENERAL PERMIT.— 

17 ‘‘(1) EXPIRATION.—Notwithstanding the expira18 tion date set forth in the Vessel General Permit, the 

19 Vessel General Permit shall expire as follows: 

20 ‘‘(A) The terms and conditions of section 6 

21 of such permit or any law of a State regulating 

22 the discharge of ballast water or any discharge 

23 incidental to the normal operation of a commer24 cial vessel, upon the date of enactment of this 

25 section. 


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1 ‘‘(B) For each commercial vessel, the terms 

2 and conditions of such permit (except the terms 

3 and conditions referred to in subparagraph (A)) 

4 applicable to a discharge of ballast water— 

5 ‘‘(i) on the date on which— 

6 ‘‘(I) a ballast water treatment 

7 technology certified under subsection 

8 (e) is installed on the commercial ves9 sel; 

10 ‘‘(II) an alternative method of 

11 compliance established for the commer12 cial vessel under subsection (f) is im13 plemented for the commercial vessel; 

14 ‘‘(III) a petition is granted for the 

15 commercial vessel under subsection (g); 

16 or 

17 ‘‘(IV) a certificate is issued for the 

18 commercial vessel under subsection (h); 

19 or 

20 ‘‘(ii) in any case not described in 

21 clause (i), on December 18, 2013. 

22 ‘‘(2) DISCHARGES INCIDENTAL TO THE NORMAL

23 OPERATION OF COMMERCIAL VESSELS.—Notwith24 standing the expiration date set forth in the Vessel 

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1 mit (except the terms and conditions referred to in 

2 paragraph (1)(A)) applicable to discharges incidental 

3 to the normal operation of a commercial vessel shall 

4 remain in effect. 

5 ‘‘(n) INSPECTIONS AND ENFORCEMENT.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) COAST GUARD ENFORCEMENT.—The 

8 Secretary shall enforce the requirements of this 

9 section and may utilize by agreement, with or 

10 without reimbursement, law enforcement officers 

11 or other personnel and facilities of the Adminis12 trator, other Federal agencies, and the States. 

13 ‘‘(B) ENVIRONMENTAL PROTECTION AGENCY

14 ACTIONS.—Notwithstanding any enforcement de15 cisions of the Secretary under subparagraph (A), 

16 the Administrator may use the authorities pro17 vided in sections 308, 309, 312, and 504 when18 ever required to carry out this section. 

19 ‘‘(2) COAST GUARD INSPECTIONS.—The Sec20 retary may carry out inspections of any commercial 

21 vessel at any time, including the taking of ballast 

22 water samples, to ensure compliance with this section. 

23 The Secretary shall use all appropriate and practical 

24 measures of detection and environmental monitoring 

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1 quate procedures for reporting violations of this sec2 tion and accumulating evidence regarding such viola3 tions. 

4 ‘‘(o) COMPLIANCE.— 

5 ‘‘(1) DETENTION OF COMMERCIAL VESSEL.—The 

6 Secretary, by notice to the owner or operator, may de7 tain the commercial vessel if the Secretary has reason8 able cause to believe that the commercial vessel does 

9 not comply with a requirement of this section or is 

10 being operated in violation of such a requirement. 

11 ‘‘(2) SANCTIONS.— 

12 ‘‘(A) CIVIL PENALTIES.— 

13 ‘‘(i) IN GENERAL.—Any person who 

14 violates this section shall be liable for a civil 

15 penalty in an amount determined under 

16 clause (ii). Each day of a continuing viola17 tion constitutes a separate violation. A com18 mercial vessel operated in violation of this 

19 section is liable in rem for any civil penalty 

20 assessed for that violation. 

21 ‘‘(ii) PENALTY AMOUNTS.—The 

22 amount of a civil penalty assessed under 

23 clause (i) shall be determined as follows: 

24 ‘‘(I) For vessels with a ballast 

25 water capacity less than 1500 cubic 


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1 meters, not to exceed $25,000 for each 

2 violation. 

3 ‘‘(II) For vessels with a ballast 

4 water capacity of 1500 cubic meters 

5 but not more than 5,000 cubic meters, 

6 not to exceed $28,750 for each viola7 tion. 

8 ‘‘(III) For vessels with a ballast 

9 water capacity greater than 5,000 

10 cubic meters, not to exceed $32,500 for 

11 each violation. 

12 ‘‘(B) CRIMINAL PENALTIES.—Any person 

13 who knowingly violates this section shall be pun14 ished by a fine of not less that $5,000 nor more 

15 than $50,000 per day of violation, or by impris16 onment for not more than 3 years, or both. If a 

17 conviction of a person is for a violation com18 mitted after a first conviction of such person 

19 under this paragraph, punishment shall be by a 

20 fine of not more than $100,000 per day of viola21 tion, or imprisonment of not more than 6 years, 

22 or both. 

23 ‘‘(C) REVOCATION OF CLEARANCE.—Upon 

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1 ance of a commercial vessel required by section 

2 60105 of title 46, United States Code, if the 

3 owner or operator is in violation of this section. 

4 ‘‘(3) ENFORCEMENT ACTIONS.— 

5 ‘‘(A) ADMINISTRATIVE ACTIONS.—If the 

6 Secretary finds that a person has violated this 

7 section, the Secretary may assess a civil penalty 

8 for the violation. In determining the amount of 

9 the civil penalty, the Secretary shall take into 

10 account the nature, circumstances, extent, and 

11 gravity of the prohibited acts committed and, 

12 with respect to the violator, the degree of culpa13 bility, any history of prior violations, and such 

14 other matters as justice may require. 

15 ‘‘(B) CIVIL ACTIONS.—At the request of the 

16 Secretary, the Attorney General may bring a 

17 civil action in an appropriate district court of 

18 the United States to enforce this section. Any 

19 court before which such an action is brought may 

20 award appropriate relief, including temporary 

21 or permanent injunctions and civil penalties. 

22 ‘‘(4) EXCLUSION.—No person shall be found in 

23 violation of this section whose commission of prohib24 ited acts is found by the Secretary to have been in the 

25 interest of ensuring the safety of life at sea. 


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1 ‘‘(p) REGULATION UNDER OTHER SECTIONS OF THIS

2 ACT.—This section shall not affect the regulation of dis3 charges from a commercial vessel pursuant to section 311 

4 or 312.’’. 

5 SEC. 3. DISCHARGES INCIDENTAL TO THE NORMAL OPER6 ATION OF A COVERED VESSEL. 

7 (a) DISCHARGES INCIDENTAL TO THE NORMAL OPER8 ATION OF A COVERED VESSEL.— 

9 (1) NO PERMIT REQUIRED.—Section 402 of the 

10 Federal Water Pollution Control Act (33 U.S.C. 1342) 

11 is amended by adding at the end the following: 

12 ‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL OPER13 ATION OF A COVERED VESSEL.—No permit shall be re14 quired under this Act by the Administrator (or a State, 

15 in the case of a permit program approved under subsection 

16 (b)) for a discharge incidental to the normal operation of 

17 a covered vessel (as defined in section 312(p)).’’. 

18 (2) BEST MANAGEMENT PRACTICES FOR COV19 ERED VESSELS.—Section 312 of the Federal Water 

20 Pollution Control Act (33 U.S.C. 1342) is amended 

21 by adding at the end the following: 

22 ‘‘(p) BEST MANAGEMENT PRACTICES FOR COVERED

23 VESSELS.— 

24 ‘‘(1) DEFINITIONS.—In this subsection, the fol25 lowing definitions apply: 


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1 ‘‘(A) COVERED VESSEL.—The term ‘covered 

2 vessel’ means every description of watercraft, or 

3 other artificial contrivance used or capable of 

4 being used as a means of transportation on 

5 water, that is engaged in commercial service (as 

6 defined under section 2101 of title 46, United 

7 States Code), and— 

8 ‘‘(i) is less than 79 feet in length; or 

9 ‘‘(ii) is a fishing vessel (as defined in 

10 section 2101 of title 46, United States 

11 Code), regardless of length of the vessel. 

12 ‘‘(B) DISCHARGE INCIDENTAL TO THE NOR13 MAL OPERATION OF A COVERED VESSEL.—The 

14 term ‘discharge incidental to the normal oper15 ation of a covered vessel’ means a discharge inci16 dental to the normal operation of a commercial 

17 vessel (as defined in section 321), insofar as the 

18 commercial vessel is a covered vessel. 

19 ‘‘(2) DETERMINATION OF DISCHARGES SUBJECT

20 TO BEST MANAGEMENT PRACTICES.— 

21 ‘‘(A) DETERMINATION.— 

22 ‘‘(i) IN GENERAL.—The Administrator, 

23 in consultation with the Secretary of the de24 partment in which the Coast Guard is oper25 ating, shall determine the discharges inciVerDate Mar 15 2010 21:51 Nov 03, 2011 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H2840.RH H2840

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1 dental to the normal operation of a covered 

2 vessel for which it is reasonable and prac3 ticable to develop best management practices 

4 to mitigate the adverse impacts of such dis5 charges on the waters of the United States. 

6 ‘‘(ii) PROMULGATION.—The Adminis7 trator shall promulgate the determinations 

8 under clause (i) in accordance with section 

9 553 of title 5, United States Code. 

10 ‘‘(B) CONSIDERATIONS.—In making a de11 termination under subparagraph (A), the Ad12 ministrator shall consider— 

13 ‘‘(i) the nature of the discharge; 

14 ‘‘(ii) the environmental effects of the 

15 discharge, including characteristics of the 

16 receiving waters; 

17 ‘‘(iii) the effectiveness of the best man18 agement practice in reducing adverse im19 pacts of the discharge on water quality; 

20 ‘‘(iv) the practicability of developing 

21 and using a best management practice; 

22 ‘‘(v) the effect that the use of a best 

23 management practice would have on the op24 eration, operational capability, or safety of 

25 the vessel; 


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1 ‘‘(vi) applicable Federal and State law; 

2 ‘‘(vii) applicable international stand3 ards; and 

4 ‘‘(viii) the economic costs of the use of 

5 the best management practice. 

6 ‘‘(C) TIMING.—The Administrator shall— 

7 ‘‘(i) make initial determinations under 

8 subparagraph (A) not later than 1 year 

9 after the date of enactment of this sub10 section; and 

11 ‘‘(ii) every 5 years thereafter— 

12 ‘‘(I) review the determinations; 

13 and 

14 ‘‘(II) if necessary, revise the deter15 minations based on any new informa16 tion available to the Administrator. 

17 ‘‘(3) REGULATIONS FOR THE USE OF BEST MAN18 AGEMENT PRACTICES.— 

19 ‘‘(A) IN GENERAL.—The Secretary of the de20 partment in which the Coast Guard is operating 

21 shall promulgate regulations on the use of best 

22 management practices for discharges incidental 

23 to the normal operation of a covered vessel that 

24 the Administrator determines are reasonable and 

25 practicable to develop under paragraph (2). 


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1 ‘‘(B) REGULATIONS.— 

2 ‘‘(i) IN GENERAL.—The Secretary shall 

3 promulgate the regulations under this para4 graph as soon as practicable after the Ad5 ministrator makes determinations pursuant 

6 to paragraph (2). 

7 ‘‘(ii) CONSIDERATIONS.—In promul8 gating regulations under this paragraph, 

9 the Secretary may— 

10 ‘‘(I) distinguish among classes, 

11 types, and sizes of vessels; 

12 ‘‘(II) distinguish between new and 

13 existing vessels; and 

14 ‘‘(III) provide for a waiver of the 

15 applicability of the standards as nec16 essary or appropriate to a particular 

17 class, type, age, or size of vessel. 

18 ‘‘(4) EFFECT OF OTHER LAWS.—This subsection 

19 shall not affect the application of section 311 to a cov20 ered vessel. 

21 ‘‘(5) PROHIBITION RELATING TO COVERED VES22 SELS.—After the effective date of the regulations pro23 mulgated by the Secretary of the department in which 

24 the Coast Guard is operating under paragraph (3), 

25 the owner or operator of a covered vessel shall neither 


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1 operate in, nor discharge any discharge incidental to 

2 the normal operation of the vessel into navigable 

3 waters, if the owner or operator of the vessel is not 

4 using any applicable best management practice meet5 ing standards established under this subsection.’’. 

6 SEC. 4. CONFORMING AND TECHNICAL AMENDMENTS. 

7 (a) EFFLUENT LIMITATIONS.—Section 301(a) of the 

8 Federal Water Pollution Control Act (33 U.S.C. 1311(a)) 

9 is amended by inserting ‘‘312, 321,’’ after ‘‘318,’’. 

10 (b) REVIEW OF ADMINISTRATOR’S ACTIONS.—The first 

11 sentence of section 509(b)(1) of such Act (33 U.S.C. 

12 1369(b)(1)) is amended— 

13 (1) by striking ‘‘and (G)’’ and inserting ‘‘(G)’’; 

14 and 

15 (2) by inserting after ‘‘section 304(l),’’ the fol16 lowing: ‘‘and (H) in issuing any regulation or other17 wise taking final agency action under section 312 or 

18 321,’’. 

19 SEC. 5. REGULATION OF BALLAST WATER AND INCIDENTAL 

20 DISCHARGES FROM A COMMERCIAL VESSEL. 

21 (a) IN GENERAL.—Effective on the date of enactment 

22 of this Act, the following discharges shall not be regulated 

23 in any manner other than as specified in section 312 or 

24 321 of the Federal Water Pollution Control Act (as added 

25 by this Act): 


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1 (1) A discharge incidental to the normal oper2 ation of a commercial vessel. 

3 (2) A discharge of ballast water from a commer4 cial vessel. 

5 (b) DEFINITIONS.—In this section, the terms ‘‘ballast 

6 water’’, ‘‘commercial vessel’’, and ‘‘discharge incidental to 

7 the normal operation of a commercial vessel’’ have the 

8 meanings given those terms in section 321(a) of the Federal 

9 Water Pollution Control Act (as added by this Act). 

10 SEC. 6. NONINDIGENOUS AQUATIC NUISANCE PREVENTION 

11 AND CONTROL ACT OF 1990. 

12 (a) AQUATIC NUISANCE SPECIES IN WATERS OF THE

13 UNITED STATES.—Effective on the date of issuance of final 

14 regulations under section 321(b) of the Federal Water Pollu15 tion Control Act (as added by this Act), section 1101 of 

16 the Nonindigenous Aquatic Nuisance Prevention and Con17 trol Act of 1990 (16 U.S.C. 4711) is repealed. 

18 (b) RELATIONSHIP TO OTHER LAWS.—Effective on the 

19 date of enactment of this Act, section 1205 of the Nonindige20 nous Aquatic Nuisance Prevention and Control Act of 1990 

21 (16 U.S.C. 4725) is repealed. 


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Union Calendar No. 178 

112TH CONGRESS 

1ST SESSION H. R. 2840 

[Report No. 112–266] 

A BILL 

To amend the Federal Water Pollution Control Act 

and for other purposes. to regulate discharges from commercial vessels, 

NOVEMBER 3, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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