I 

112TH CONGRESS 

1ST SESSION H. R. 2840 

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 

A BILL 

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

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commercial Vessel 

5 Discharges Reform Act of 2011’’. 


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1 SEC. 2. DISCHARGES FROM COMMERCIAL VESSELS. 

2 Title III of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1311 et seq.) is amended by adding at the end 

4 the following: 

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

6 ‘‘(a) DEFINITIONS.—In this section, the following 

7 definitions apply: 

8 ‘‘(1) AQUATIC NUISANCE SPECIES.—The term 

9 ‘aquatic nuisance species’ means a nonindigenous 

10 species (including a pathogen) that threatens the di11 versity or abundance of native species or the ecologi12 cal stability of navigable waters or commercial, agri13 cultural, aquacultural, or recreational activities de14 pendent on such waters. 

15 ‘‘(2) BALLAST WATER.— 

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

17 water’ means any water (including any sedi18 ment suspended in such water) taken aboard a 

19 commercial vessel— 

20 ‘‘(i) to control trim, list, draught, sta21 bility, or stresses of the vessel; or 

22 ‘‘(ii) during the cleaning, mainte23 nance, or other operation of a ballast water 

24 treatment system of the vessel. 

25 ‘‘(B) EXCLUSION.—The term ‘ballast 

26 water’ does not include any pollutant that is 


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1 added to water described in subparagraph (A) 

2 that is not directly related to the operation of 

3 a properly functioning ballast water treatment 

4 technology certified under subsection (e). 

5 ‘‘(3) BALLAST WATER CAPACITY.—The term 

6 ‘ballast water capacity’ means the total volumetric 

7 capacity of the ballast water treatment system of a 

8 commercial vessel. 

9 ‘‘(4) BALLAST WATER PERFORMANCE STAND10 ARD.—The term ‘ballast water performance stand11 ard’ or ‘performance standard’ means a numerical 

12 ballast water performance standard specified under 

13 subsection (c) or established under subsection (d). 

14 ‘‘(5) BALLAST WATER TREATMENT SYSTEM.— 

15 The term ‘ballast water treatment system’ means 

16 any equipment on board a commercial vessel (includ17 ing all compartments, piping, spaces, tanks, and 

18 multi-use compartments, piping, spaces, and tanks) 

19 designed for loading, carrying, treating, or dis20 charging ballast water. 

21 ‘‘(6) BALLAST WATER TREATMENT TECH22 NOLOGY.—The term ‘ballast water treatment tech23 nology’ or ‘treatment technology’ means any me24 chanical, physical, chemical, or biological process 

25 used, either singularly or in combination, to remove, 


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1 render harmless, or avoid the uptake or discharge of 

2 aquatic nuisance species within ballast water. 

3 ‘‘(7) BIOCIDE.—The term ‘biocide’ means a 

4 substance or organism, including a virus or fungus, 

5 that is introduced into, or produced by, a ballast 

6 water treatment technology as part of the treatment 

7 process used to comply with a ballast water perform8 ance standard under this section. 

9 ‘‘(8) COMMERCIAL VESSEL.—The term ‘com10 mercial vessel’ means every description of 

11 watercraft, or other artificial contrivance used or ca12 pable of being used as a means of transportation on 

13 water, that is engaged in commercial service (as de14 fined under section 2101 of title 46, United States 

15 Code). 

16 ‘‘(9) CONSTRUCTED.—The term ‘constructed’ 

17 means a state of construction of a commercial vessel 

18 at which— 

19 ‘‘(A) the keel is laid; 

20 ‘‘(B) construction identifiable with the spe21 cific vessel begins; 

22 ‘‘(C) assembly of the vessel has begun 

23 comprising at least 50 tons or 1 percent of the 

24 estimated mass of all structural material of the 

25 vessel, whichever is less; or 


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1 ‘‘(D) the vessel undergoes a major conver2 sion. 

3 ‘‘(10) DISCHARGE INCIDENTAL TO THE NOR4 MAL OPERATION OF A COMMERCIAL VESSEL.— 

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

6 incidental to the normal operation of a commer7 cial vessel’ means— 

8 ‘‘(i) a discharge into navigable waters 

9 from a commercial vessel of— 

10 ‘‘(I)(aa) graywater (except 

11 graywater referred to in section 

12 312(a)(6)), bilge water, cooling water, 

13 oil water separator effluent, anti-foul14 ing hull coating leachate, boiler or 

15 economizer blowdown, byproducts 

16 from cathodic protection, controllable 

17 pitch propeller and thruster hydraulic 

18 fluid, distillation and reverse osmosis 

19 brine, elevator pit effluent, firemain 

20 system effluent, freshwater layup ef21 fluent, gas turbine wash water, motor 

22 gasoline and compensating effluent, 

23 refrigeration and air condensate efflu24 ent, seawater pumping biofouling pre25 vention substances, boat engine wet 


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1 exhaust, sonar dome effluent, exhaust 

2 gas scrubber washwater, or stern tube 

3 packing gland effluent; or 

4 ‘‘(bb) any other pollutant associ5 ated with the operation of a marine 

6 propulsion system, shipboard maneu7 vering system, habitability system, or 

8 installed major equipment, or from a 

9 protective, preservative, or absorptive 

10 application to the hull of a commercial 

11 vessel; 

12 ‘‘(II) weather deck runoff, deck 

13 wash, aqueous film forming foam ef14 fluent, chain locker effluent, non-oily 

15 machinery wastewater, underwater 

16 ship husbandry effluent, welldeck ef17 fluent, or fish hold and fish hold 

18 cleaning effluent; or 

19 ‘‘(III) any effluent from a prop20 erly functioning marine engine; or 

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

22 navigable waters in connection with the 

23 testing, maintenance, and repair of a sys24 tem, equipment, or engine described in 

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


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1 whenever the commercial vessel is water2 borne. 

3 ‘‘(B) EXCLUSION.—The term ‘discharge 

4 incidental to the normal operation of a commer5 cial vessel’ does not include— 

6 ‘‘(i) a discharge into navigable waters 

7 from a commercial vessel of— 

8 ‘‘(I) ballast water; 

9 ‘‘(II) rubbish, trash, garbage, in10 cinerator ash, or other such material 

11 discharged overboard; 

12 ‘‘(III) oil or a hazardous sub13 stance within the meaning of section 

14 311; or 

15 ‘‘(IV) sewage within the meaning 

16 of section 312; or 

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

18 resulting from the operation onboard a 

19 commercial vessel of a vessel propulsion 

20 system, motor driven equipment, or incin21 erator. 

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

23 term ‘geographically limited area’ means an area— 


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1 ‘‘(A) with a physical limitation, such as a 

2 navigation lock, that prevents a commercial ves3 sel from operating outside the area; or 

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

5 determined by the Secretary, in consultation 

6 with the Administrator. 

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

8 conversion’ means a conversion of a commercial ves9 sel that— 

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

11 at least 15 percent; or 

12 ‘‘(B) is projected to prolong the life of the 

13 commercial vessel by at least 10 years, as deter14 mined by the Secretary. 

15 ‘‘(13) MANUFACTURER.—The term ‘manufac16 turer’ means a person engaged in the manufac17 turing, assembling, or importation of a ballast water 

18 treatment technology. 

19 ‘‘(14) NONINDIGENOUS SPECIES.—The term 

20 ‘nonindigenous species’ means a species or other via21 ble biological material that enters an ecosystem be22 yond its historic range. 

23 ‘‘(15) OWNER OR OPERATOR.—The term ‘owner 

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

25 chartering by demise a commercial vessel. 


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1 ‘‘(16) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of the department in which the 

3 Coast Guard is operating. 

4 ‘‘(b) GENERAL PROVISIONS.— 

5 ‘‘(1) BALLAST WATER DISCHARGE REQUIRE6 MENTS FOR COMMERCIAL VESSELS.—An owner or 

7 operator may discharge ballast water from a com8 mercial vessel into navigable waters only if— 

9 ‘‘(A) the discharge— 

10 ‘‘(i) meets the ballast water perform11 ance standard; 

12 ‘‘(ii) is made pursuant to the safety 

13 exemption established by subsection (c)(2); 

14 ‘‘(iii) meets the requirements of an al15 ternative method of compliance established 

16 for the commercial vessel under subsection 

17 (f); 

18 ‘‘(iv) is made pursuant to a deter19 mination that the commercial vessel meets 

20 the requirements relating to geographically 

21 limited areas under subsection (g); or 

22 ‘‘(v) is made into an onshore or off23 shore facility that meets applicable stand24 ards, as described in subsection (h); and 


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

2 ballast water in accordance with a ballast water 

3 management plan approved under subsection 

4 (i). 

5 ‘‘(2) APPLICABILITY.— 

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

7 shall apply to the owner or operator of a com8 mercial vessel that is designed, constructed, or 

9 adapted to carry ballast water if the commercial 

10 vessel is— 

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

12 United States; or 

13 ‘‘(ii) operating in navigable waters. 

14 ‘‘(B) EXEMPTED VESSELS.—Paragraph 

15 (1) shall not apply to the owner or operator 

16 of— 

17 ‘‘(i) a commercial vessel that carries 

18 all of its ballast water in sealed tanks that 

19 are not subject to discharge; 

20 ‘‘(ii) a commercial vessel that continu21 ously takes on and discharges ballast water 

22 in a flow-through system; 

23 ‘‘(iii) any vessel in the National De24 fense Reserve Fleet that is scheduled to be 

25 disposed of through scrapping or sinking; 


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1 ‘‘(iv) a commercial vessel that dis2 charges ballast water consisting solely of 

3 water— 

4 ‘‘(I) taken aboard from a munic5 ipal or commercial source; and 

6 ‘‘(II) that, at the time the water 

7 is taken aboard, meets the applicable 

8 regulations or permit requirements for 

9 such source under the Safe Drinking 

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

11 and section 402 of this Act; or 

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

13 years or fewer from the end of its useful 

14 life, as determined by the Secretary, on the 

15 date on which the regulations issued under 

16 paragraph (3) become effective for the ves17 sel pursuant to the implementation sched18 ule issued under paragraph (3)(B). 

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

20 subparagraph (B)(v) shall cease to be effective 

21 on the date that is 3 years after the date on 

22 which the regulations under paragraph (3) be23 come effective for the commercial vessel pursu24 ant to the implementation schedule issued 

25 under paragraph (3)(B). 


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1 ‘‘(3) ISSUANCE OF REGULATIONS.— 

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

3 days after the date of enactment of this section, 

4 the Secretary, in consultation with the Adminis5 trator, shall issue final regulations to imple6 ment the requirements of this section. 

7 ‘‘(B) IMPLEMENTATION SCHEDULE.—Reg8 ulations issued under this paragraph shall in9 clude an implementation schedule by commer10 cial vessel class, type, or size. 

11 ‘‘(C) PROPOSED RULE.—For the purposes 

12 of chapter 5 of title 5, United States Code, the 

13 proposed rulemaking published by the Coast 

14 Guard on August 28, 2009 (74 Fed. Reg. 

15 44632; relating to standards for living orga16 nisms in ships’ ballast water discharged in U.S. 

17 waters), shall serve as a proposed rule for the 

18 purposes of issuing regulations under this sec19 tion. 

20 ‘‘(c) BALLAST WATER PERFORMANCE STANDARD

21 FOR COMMERCIAL VESSELS.— 

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

23 performance standard, an owner or operator shall— 

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1 mercial vessel into navigable waters using a bal2 last water treatment technology certified for the 

3 vessel (or class, type, or size of vessel) under 

4 subsection (e); and 

5 ‘‘(B) ensure that any ballast water so dis6 charged meets, at a minimum, the numerical 

7 ballast water performance standard set forth in 

8 the International Convention for the Control 

9 and Management of Ships’ Ballast Water and 

10 Sediments, as adopted on February 13, 2004, 

11 or a revised numerical ballast water perform12 ance standard established under subsection (d). 

13 ‘‘(2) SAFETY EXEMPTION.—Notwithstanding 

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

15 ballast water without regard to a ballast water per16 formance standard if— 

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

18 the safety of life at sea; 

19 ‘‘(B) the discharge is accidental and the 

20 result of damage to the commercial vessel or its 

21 equipment and— 

22 ‘‘(i) all reasonable precautions to pre23 vent or minimize the discharge have been 

24 taken; and 


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

2 willfully or recklessly cause such damage; 

3 or 

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

5 of avoiding or minimizing discharge from the 

6 vessel of pollution that would otherwise violate 

7 applicable Federal or State law. 

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

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

10 2016, and every 10 years thereafter, the Adminis11 trator, in consultation with the Secretary, shall com12 plete a review to determine whether revising the bal13 last water performance standard would result in a 

14 scientifically demonstrable and substantial reduction 

15 in the risk of the introduction and establishment of 

16 aquatic nuisance species. 

17 ‘‘(2) CONSIDERATIONS.—In conducting the re18 view, the Administrator shall consider— 

19 ‘‘(A) improvements in the scientific under20 standing of biological and ecological processes 

21 that lead to the introduction and establishment 

22 of aquatic nuisance species; 

23 ‘‘(B) improvements in ballast water treat24 ment technology, including— 


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1 ‘‘(i) the capability of such technology 

2 to achieve a revised ballast water perform3 ance standard; 

4 ‘‘(ii) the effectiveness and reliability of 

5 such technology in the shipboard environ6 ment; 

7 ‘‘(iii) the compatibility of such tech8 nology with the design and operation of 

9 commercial vessels by class, type, and size; 

10 ‘‘(iv) the commercial availability of 

11 such technology; and 

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

13 ‘‘(C) improvements in the capabilities to 

14 detect, quantify, and assess the viability of 

15 aquatic nuisance species at the concentrations 

16 under consideration; 

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

18 technology on water quality; and 

19 ‘‘(E) the costs, cost-effectiveness, and im20 pacts of— 

21 ‘‘(i) a revised ballast water perform22 ance standard, including the potential im23 pacts on shipping, trade, and other uses of 

24 the aquatic environment; and 


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1 ‘‘(ii) maintaining the existing ballast 

2 water performance standard, including the 

3 potential impacts on water-related infra4 structure, recreation, the propagation of 

5 native fish, shellfish, and wildlife, and 

6 other uses of navigable waters. 

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

8 ‘‘(A) RULEMAKING.—If, pursuant to a re9 view conducted under paragraph (1), the Ad10 ministrator, in consultation with the Secretary, 

11 determines that revising the ballast water per12 formance standard would result in a scientif13 ically demonstrable and substantial reduction in 

14 the risk of the introduction and establishment 

15 of aquatic nuisance species, the Administrator 

16 shall undertake a rulemaking to revise the per17 formance standard. 

18 ‘‘(B) LIMITATION.—The Administrator 

19 may not issue a revised performance standard 

20 pursuant to this paragraph unless it is at least 

21 3 orders of magnitude more stringent than the 

22 performance standard in effect on the date that 

23 the review is completed. 

24 ‘‘(4) STATE PETITION FOR REVIEW OF PER25 FORMANCE STANDARDS.— 


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

2 State may submit a petition requesting that the 

3 Administrator review a ballast water perform4 ance standard if there is significant new infor5 mation that could reasonably indicate the per6 formance standard could be revised to result in 

7 a scientifically demonstrable and substantial re8 duction in the risk of the introduction and es9 tablishment of aquatic nuisance species. 

10 ‘‘(B) TIMING.—A Governor may not sub11 mit a petition under subparagraph (A) during 

12 the 1-year period following the date of comple13 tion of a review under paragraph (1). 

14 ‘‘(C) REQUIRED INFORMATION.—A peti15 tion submitted to the Administrator under sub16 paragraph (A) shall include the scientific and 

17 technical information on which the petition is 

18 based. 

19 ‘‘(D) REVIEW AND REPORTING.—Not later 

20 than 30 days after the date of receipt of a peti21 tion from a Governor under subparagraph (A), 

22 the Administrator shall make publicly available 

23 a copy of the petition, including the scientific 

24 and technical information provided by the Gov25 ernor under subparagraph (C). 


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1 ‘‘(E) REVIEW AND REVISION OF PERFORM2 ANCE STANDARDS.— 

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

4 a petition submitted by a Governor under 

5 subparagraph (A) for review of a perform6 ance standard, the Administrator, in con7 sultation with the Secretary, determines 

8 that the petition warrants additional ac9 tion, the Administrator may— 

10 ‘‘(I) in consultation with the Sec11 retary, initiate a review of the per12 formance standard under paragraph 

13 (1); and 

14 ‘‘(II) with the concurrence of the 

15 Secretary, revise the performance 

16 standard through a rulemaking under 

17 paragraph (3)(A), subject to the limi18 tation in paragraph (3)(B). 

19 ‘‘(ii) TREATMENT OF MORE THAN

20 ONE PETITION AS A SINGLE PETITION.— 

21 The Administrator may treat more than 

22 one petition as a single petition for review. 

23 ‘‘(e) TREATMENT TECHNOLOGY CERTIFICATION.— 

24 ‘‘(1) CERTIFICATION REQUIRED.— 

25 ‘‘(A) CERTIFICATION PROCESS.— 


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1 ‘‘(i) EVALUATION.—Upon application 

2 of the manufacturer, the Secretary shall 

3 evaluate a ballast water treatment tech4 nology with respect to— 

5 ‘‘(I) whether the treatment tech6 nology reliably meets the ballast water 

7 performance standard when installed 

8 on a commercial vessel (or class, type, 

9 or size of commercial vessel); 

10 ‘‘(II) the effect of the treatment 

11 technology on commercial vessel safe12 ty; and 

13 ‘‘(III) any other criteria the Sec14 retary considers appropriate. 

15 ‘‘(ii) CERTIFICATION.—If, after con16 ducting the evaluation required by clause 

17 (i), the Secretary determines the treatment 

18 technology meets the criteria established 

19 under such clause, the Secretary may cer20 tify the treatment technology for use on a 

21 commercial vessel (or a class, type, or size 

22 of commercial vessel). 

23 ‘‘(iii) SUSPENSION AND REVOCATION

24 OF CERTIFICATION.—The Secretary shall, 

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1 pend or revoke a certification issued under 

2 this subparagraph. 

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

4 ‘‘(i) ISSUANCE OF CERTIFICATES TO

5 MANUFACTURER.—If the Secretary cer6 tifies a ballast water treatment technology 

7 under subparagraph (A), the Secretary 

8 shall issue to the manufacturer of the 

9 treatment technology, in such form and 

10 manner as the Secretary determines appro11 priate, a certificate of type approval for the 

12 treatment technology. 

13 ‘‘(ii) CONDITIONS TO BE INCLUDED IN

14 CERTIFICATES.—A certificate of type ap15 proval issued under clause (i) shall include 

16 any conditions that are imposed by the 

17 Secretary under paragraph (2). 

18 ‘‘(iii) ISSUANCE OF COPIES OF CER19 TIFICATES TO OWNERS AND OPERATORS.— 

20 A manufacturer that receives a certificate 

21 of type approval under clause (i) for a bal22 last water treatment technology shall fur23 nish a copy of the certificate to any owner 

24 or operator of a commercial vessel on 


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1 which the treatment technology is in2 stalled. 

3 ‘‘(iv) INSPECTIONS.—An owner or op4 erator who receives a copy of a certificate 

5 under clause (iii) for a ballast water treat6 ment technology installed on a commercial 

7 vessel shall retain a copy of the certificate 

8 onboard the commercial vessel and make 

9 the copy of the certificate available for in10 spection at all times that such owner or 

11 operator is utilizing the treatment tech12 nology. 

13 ‘‘(C) TREATMENT TECHNOLOGIES THAT

14 USE OR GENERATE BIOCIDES.—The Secretary 

15 shall not certify a ballast water treatment tech16 nology 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. 

21 136), unless the biocide is registered under 

22 such Act or the Administrator has ap23 proved the use of such biocide in such 

24 treatment technology; or 


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

2 discharge of which causes a violation of a 

3 water quality standard under section 303 

4 of this Act. 

5 ‘‘(D) PROHIBITION.— 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided by clause (ii), an owner or operator 

8 may not use a ballast water treatment 

9 technology to comply with the require10 ments of this section unless the Secretary 

11 has certified the treatment technology 

12 under subparagraph (A). 

13 ‘‘(ii) EXCEPTIONS.— 

14 ‘‘(I) COAST GUARD SHIPBOARD

15 TECHNOLOGY EVALUATION PRO16 GRAM.—An owner or operator may 

17 use a ballast water treatment tech18 nology that has not been certified by 

19 the Secretary to comply with the re20 quirements of this section if the tech21 nology is being evaluated under the 

22 Coast Guard Shipboard Technology 

23 Evaluation Program. 

24 ‘‘(II) BALLAST WATER TREAT25 MENT TECHNOLOGIES CERTIFIED BY


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1 FOREIGN ENTITIES.—An owner or op2 erator may use a ballast water treat3 ment technology that has not been 

4 certified by the Secretary to comply 

5 with the requirements of this section 

6 if the technology has been certified by 

7 a foreign entity and the certification 

8 demonstrates performance and safety 

9 of the treatment technology equivalent 

10 to the requirements of this subsection, 

11 as determined by the Secretary. 

12 ‘‘(2) CERTIFICATION CONDITIONS.— 

13 ‘‘(A) IMPOSITION OF CONDITIONS.—In cer14 tifying a ballast water treatment technology 

15 under this subsection, the Secretary, in con16 sultation with the Administrator, may impose 

17 any condition on the subsequent installation, 

18 use, or maintenance of the treatment tech19 nology onboard a commercial vessel as is nec20 essary for— 

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

22 of the vessel, and any passengers aboard 

23 the vessel; 

24 ‘‘(ii) the protection of the environ25 ment; and 


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1 ‘‘(iii) the effective operation of the 

2 treatment technology. 

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

4 an owner or operator to comply with a condi5 tion imposed under subparagraph (A) is a viola6 tion of this section. 

7 ‘‘(3) USE OF BALLAST WATER TREATMENT

8 TECHNOLOGIES ONCE INSTALLED.—An owner or op9 erator who installs a ballast water treatment tech10 nology that the Secretary has certified under para11 graph (1) may use the treatment technology, not12 withstanding any revisions to a ballast water per13 formance standard occurring after the installation— 

14 ‘‘(A) so long as the owner or operator— 

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

17 ‘‘(ii) maintains and uses the treat18 ment 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 and 

24 ‘‘(B) for a period of time not to exceed the 

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1 nology or the commercial vessel, as determined 

2 by the Secretary, whichever is less. 

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

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

5 Administrator, in consultation with the Secretary, 

6 shall issue guidelines specifying land-based and ship7 board testing protocols or criteria for— 

8 ‘‘(A) certifying the performance of ballast 

9 water treatment technologies under this sub10 section; and 

11 ‘‘(B) certifying laboratories to evaluate 

12 such treatment technologies. 

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

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

15 with respect to a commercial vessel pursuant to the 

16 implementation schedule issued under subsection 

17 (b)(3)(B), no manufacturer of a ballast water treat18 ment technology shall sell, offer for sale, or intro19 duce or deliver for introduction into interstate com20 merce, or import into the United States for sale or 

21 resale, a ballast water treatment technology for the 

22 commercial vessel unless the technology has been 

23 certified under this subsection. 

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


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

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

3 Secretary, in consultation with the Administrator, 

4 shall establish an alternative method of compliance 

5 with this section for— 

6 ‘‘(A) a commercial vessel having a max7 imum ballast water capacity of less than 8 

8 cubic meters; and 

9 ‘‘(B) a commercial vessel for which the 

10 Secretary determines that the ballast water 

11 treatment technology that is certified under this 

12 section— 

13 ‘‘(i) is not commercially available in 

14 sufficient quantities to meet the compli15 ance deadline issued by the Secretary; 

16 ‘‘(ii) is not able to be installed to meet 

17 the compliance deadline promulgated by 

18 the Secretary due to— 

19 ‘‘(I) insufficient shipyard or 

20 other installation facility capacity; 

21 ‘‘(II) insufficient availability of 

22 engineering and design resources; 

23 ‘‘(III) vessel characteristics, such 

24 as engine room size, layout, or a lack 

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1 stallation of the ballast water treat2 ment technology impracticable; or 

3 ‘‘(IV) insufficient generation ca4 pacity aboard the vessel to power the 

5 ballast water treatment technology; or 

6 ‘‘(iii) would adversely affect the safe 

7 operation of the vessel. 

8 ‘‘(2) FACTORS FOR CONSIDERATION.—In estab9 lishing an alternative method of compliance under 

10 paragraph (1), the Secretary shall consider— 

11 ‘‘(A) the effectiveness of the alternative 

12 method in reducing the risk of the introduction 

13 and establishment of aquatic nuisance species 

14 relative to the performance standard; and 

15 ‘‘(B) any other factor the Secretary con16 siders appropriate. 

17 ‘‘(3) BEST MANAGEMENT PRACTICES.—The 

18 Secretary may establish as an alternative method of 

19 compliance appropriate ballast water best manage20 ment practices to minimize the introduction and es21 tablishment of aquatic nuisance species. 

22 ‘‘(4) USE OF ALTERNATIVE METHOD.— 

23 ‘‘(A) PETITION.—In order to use an alter24 native method of compliance established under 

25 paragraph (1)(B), an owner or operator shall 


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1 submit a petition to the Secretary requesting 

2 approval to use such alternative method. 

3 ‘‘(B) APPROVAL.—If the Secretary deter4 mines that a commercial vessel for which a peti5 tion has been submitted under subparagraph 

6 (A) meets the criteria described in paragraph 

7 (1)(B), the Secretary may approve the petition 

8 and impose any conditions on such approval 

9 that the Secretary determines appropriate. 

10 ‘‘(C) DEADLINE.—The Secretary shall 

11 make a determination under subparagraph (B) 

12 not later than 90 days after the date on which 

13 an owner or operator submits a petition under 

14 subparagraph (A). If the Secretary fails to 

15 make a determination by the end of the 90-day 

16 period, the petition shall be considered to be ap17 proved. 

18 ‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— 

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

20 shall not apply to a commercial vessel that, as deter21 mined by the Secretary— 

22 ‘‘(A) operates exclusively within a geo23 graphically limited area; or 


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1 ‘‘(B) operates pursuant to a geographic re2 striction issued for the commercial vessel under 

3 section 3309 of title 46, United States Code. 

4 ‘‘(2) PETITION FOR DETERMINATION BY THE

5 SECRETARY.—Following the date of issuance of final 

6 regulations under subsection (b), an owner or oper7 ator may petition the Secretary for a determination 

8 under paragraph (1). Not later than 90 days after 

9 receipt of such a petition, the Secretary shall re10 spond to the petitioner with a determination regard11 ing whether the commercial vessel that is the subject 

12 of the petition meets the requirements of paragraph 

13 (1). If the Secretary fails to respond to a petition by 

14 the end of the 90-day period, the petition shall be 

15 considered to be granted. 

16 ‘‘(3) NOTIFICATION.—The Secretary shall no17 tify the Administrator and the Governor of each 

18 State the waters of which could be affected by the 

19 discharge of ballast water from a commercial vessel 

20 for which a petition has been granted under para21 graph (2) of the granting of any such petition. 

22 ‘‘(h) RECEPTION FACILITIES.— 

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

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1 section (c) or (f) unless discharging ballast water 

2 into— 

3 ‘‘(A) an onshore facility for the reception 

4 of ballast water that meets standards issued by 

5 the Administrator, in consultation with the Sec6 retary; or 

7 ‘‘(B) an offshore facility for the reception 

8 of ballast water that meets standards issued by 

9 the Secretary, in consultation with the Adminis10 trator. 

11 ‘‘(2) ISSUANCE OF STANDARDS.—Not later 

12 than 2 years after the date of enactment of this sec13 tion— 

14 ‘‘(A) the Administrator, in consultation 

15 with the Secretary, shall issue the standards re16 ferred to in paragraph (1)(A); and 

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

18 the Administrator, shall issue the standards re19 ferred to in paragraph (1)(B). 

20 ‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec21 retary, in consultation with the Administrator, and 

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

23 an owner or operator a certificate stating that a 

24 commercial vessel is in compliance with the require25 ments of subsection (b)(1)(A) if discharging ballast 


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1 water into a facility meeting the standards issued 

2 under this subsection is the sole method by which 

3 the owner or operator discharges ballast water from 

4 the commercial vessel. 

5 ‘‘(i) COMMERCIAL VESSEL BALLAST WATER MAN6 AGEMENT PLAN.— 

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

8 discharge ballast water in accordance with a ballast 

9 water management plan that— 

10 ‘‘(A) meets requirements prescribed by the 

11 Secretary; and 

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

13 ‘‘(2) FOREIGN COMMERCIAL VESSELS.—The 

14 Secretary may approve a ballast water management 

15 plan for a foreign commercial vessel on the basis of 

16 a certificate of compliance issued by the country of 

17 registration of the commercial vessel if the require18 ments of the government of that country for a bal19 last water management plan are substantially equiv20 alent to regulations issued by the Secretary. 

21 ‘‘(3) RECORDKEEPING.— 

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

23 subparagraph (B), an owner or operator shall 

24 maintain in English and have available for in25 spection by the Secretary a ballast water record 


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1 book in which each operation of the commercial 

2 vessel involving a ballast water discharge is re3 corded in accordance with regulations issued by 

4 the Secretary. 

5 ‘‘(B) ALTERNATIVE MEANS OF RECORD6 KEEPING.—The Secretary may provide for al7 ternative methods of recordkeeping, including 

8 electronic recordkeeping, to comply with the re9 quirements of this paragraph. 

10 ‘‘(j) REGULATION OF BALLAST WATER DIS11 CHARGES.—Effective on and after the date of enactment 

12 of this section— 

13 ‘‘(1) the Administrator (or a State in the case 

14 of a permit program approved under section 402) 

15 shall not require any new permit or permit condition 

16 under section 402 for any discharge of ballast water 

17 from a commercial vessel into navigable waters; and 

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

19 State or political subdivision thereof shall not adopt 

20 or enforce any law or regulation of the State or po21 litical subdivision with respect to such a discharge. 

22 ‘‘(k) STATE AUTHORITY.— 

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

24 State desiring to administer its own inspection and 

25 enforcement authority for ballast water discharges 


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1 within its jurisdiction may submit to the Secretary 

2 a complete description of the program the Governor 

3 proposes to establish and administer under State 

4 law. In addition, the Governor shall submit a state5 ment from the State attorney general that the laws 

6 of the State provide adequate authority to carry out 

7 the described program. 

8 ‘‘(2) APPROVAL.—The Secretary, with the con9 currence of the Administrator, may approve a pro10 gram of a State submitted under paragraph (1) pro11 viding for the State’s own inspection and enforce12 ment authority for ballast water discharges within 

13 its jurisdiction, if the Secretary determines that the 

14 State possesses adequate resources to— 

15 ‘‘(A) inspect, monitor, and board a com16 mercial vessel at any time, including the taking 

17 and testing of ballast water samples, to ensure 

18 the commercial vessel’s compliance with this 

19 section; 

20 ‘‘(B) ensure that any ballast water dis21 charged within the waters subject to the juris22 diction of the State meets the requirements of 

23 this section; 

24 ‘‘(C) establish adequate procedures for re25 porting violations of this section; 


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1 ‘‘(D) investigate and abate violations of 

2 this section, including the imposition of civil 

3 and criminal penalties consistent with this sec4 tion; and 

5 ‘‘(E) ensure that the Secretary and the 

6 Administrator receive notice of each violation of 

7 this section in an expeditious manner. 

8 ‘‘(3) COMPLIANCE.—Any State program ap9 proved under paragraph (2) shall at all times be 

10 conducted in accordance with this subsection. 

11 ‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever 

12 the Secretary, in consultation with the Adminis13 trator, determines, after providing notice and the op14 portunity for a public hearing, that a State is not 

15 administering a program in accordance with the 

16 terms of the program as approved under paragraph 

17 (2), the Secretary shall notify the State, and, if ap18 propriate corrective action is not taken within a pe19 riod of time not to exceed 90 days, the Secretary, 

20 with the concurrence of the Administrator, shall 

21 withdraw approval of the program. The Secretary 

22 shall not withdraw approval of a program unless the 

23 Secretary has first notified the State and made pub24 lic, in writing, the reasons for the withdrawal. 


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1 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC2 TION.—Nothing in this subsection shall limit the au3 thority of the Administrator or the Secretary to 

4 carry out inspections of any commercial vessel under 

5 subsection (m). 

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

7 provision of this section, a State may enact such 

8 laws as are necessary to provide for the implementa9 tion of the State ballast water inspection and en10 forcement program provided under this subsection. 

11 The requirements for a ballast water inspection and 

12 enforcement program contained in such State law 

13 shall be substantively and procedurally equivalent to 

14 those required in this section, and any requirements 

15 relating to recordkeeping, reporting, and sampling or 

16 analysis contained in such State law shall be sub17 stantively and procedurally equivalent to the require18 ments of this section and its implementing regula19 tions and guidance. 

20 ‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL OP21 ERATIONS OF A COMMERCIAL VESSEL.— 

22 ‘‘(1) EVALUATION OF INCIDENTAL DIS23 CHARGES.— 

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

25 after the date of enactment of this section, the 


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1 Administrator, in consultation with the Sec2 retary, shall complete an evaluation of dis3 charges incidental to the normal operation of a 

4 commercial vessel. 

5 ‘‘(B) FACTORS.—In carrying out the eval6 uation, the Administrator shall analyze— 

7 ‘‘(i) the characterization of the var8 ious types and composition of discharges 

9 incidental to the normal operation of a 

10 commercial vessel by different classes, 

11 types, and sizes of commercial vessels; 

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

13 representative individual commercial ves14 sels and by classes, types, and sizes of 

15 commercial vessels in the aggregate; 

16 ‘‘(iii) the availability and feasibility of 

17 implementing technologies or best manage18 ment practices for the control of such dis19 charges; 

20 ‘‘(iv) the characteristics of the receiv21 ing waters of such discharges; 

22 ‘‘(v) the nature and extent of poten23 tial effects of such discharges on human 

24 health, welfare, and the environment; 


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1 ‘‘(vi) the extent to which such dis2 charges are currently subject to and ad3 dressed by regulations under existing Fed4 eral laws or binding international obliga5 tions of the United States; and 

6 ‘‘(vii) any additional factor that the 

7 Administrator considers appropriate. 

8 ‘‘(2) REGULATION OF INCIDENTAL DIS9 CHARGES.—Effective on and after the date of enact10 ment of this section— 

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

12 case of a permit program approved under sec13 tion 402) shall not require any new permit or 

14 permit conditions under section 402 for any dis15 charge incidental to the normal operation of a 

16 commercial vessel; and 

17 ‘‘(B) a State or political subdivision there18 of shall not adopt or enforce any law or regula19 tion of the State or political subdivision with re20 spect to such a discharge. 

21 ‘‘(m) INSPECTIONS AND ENFORCEMENT.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) COAST GUARD ENFORCEMENT.—The 

24 Secretary shall enforce the requirements of this 

25 section and may utilize by agreement, with or 


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1 without reimbursement, law enforcement offi2 cers or other personnel and facilities of the Ad3 ministrator, other Federal agencies, and the 

4 States. 

5 ‘‘(B) ENVIRONMENTAL PROTECTION AGEN6 CY ACTIONS.—Notwithstanding any enforce7 ment decisions of the Secretary under subpara8 graph (A), the Administrator may use the au9 thorities provided in sections 308, 309, 312, 

10 and 504 whenever required to carry out this 

11 section. 

12 ‘‘(2) COAST GUARD INSPECTIONS.—The Sec13 retary may carry out inspections of any commercial 

14 vessel at any time, including the taking of ballast 

15 water samples, to ensure compliance with this sec16 tion. The Secretary shall use all appropriate and 

17 practical measures of detection and environmental 

18 monitoring of such commercial vessels and shall es19 tablish adequate procedures for reporting violations 

20 of this section and accumulating evidence regarding 

21 such violations. 

22 ‘‘(n) COMPLIANCE.— 

23 ‘‘(1) DETENTION OF COMMERCIAL VESSEL.— 

24 The Secretary, by notice to the owner or operator, 

25 may detain the commercial vessel if the Secretary 


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1 has reasonable cause to believe that the commercial 

2 vessel does not comply with a requirement of this 

3 section or is being operated in violation of such a re4 quirement. 

5 ‘‘(2) SANCTIONS.— 

6 ‘‘(A) CIVIL PENALTIES.—Any person who 

7 violates this section shall be liable for a civil 

8 penalty in an amount not to exceed $5,000 for 

9 each violation. Each day of a continuing viola10 tion constitutes a separate violation. A commer11 cial vessel operated in violation of this section 

12 is liable in rem for any civil penalty assessed for 

13 that violation. 

14 ‘‘(B) CRIMINAL PENALTIES.—Whoever 

15 knowingly violates this section shall be fined not 

16 less than $5,000 nor more than $50,000 for 

17 each day of a violation, or imprisoned not more 

18 than 3 years, or both. 

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

20 request of the Secretary, the Secretary of 

21 Homeland Security shall withhold or revoke the 

22 clearance of a commercial vessel required by 

23 section 60105 of title 46, United States Code, 

24 if the owner or operator is in violation of this 

25 section. 


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1 ‘‘(3) ENFORCEMENT ACTIONS.— 

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

3 Secretary finds that a person has violated this 

4 section, the Secretary may assess a civil penalty 

5 for the violation. In determining the amount of 

6 the civil penalty, the Secretary shall take into 

7 account the nature, circumstances, extent, and 

8 gravity of the prohibited acts committed and, 

9 with respect to the violator, the degree of culpa10 bility, any history of prior violations, and such 

11 other matters as justice may require. 

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

13 the Secretary, the Attorney General may bring 

14 a civil action in an appropriate district court of 

15 the United States to enforce this section. Any 

16 court before which such an action is brought 

17 may award appropriate relief, including tem18 porary or permanent injunctions and civil pen19 alties. 

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

21 violation of this section whose commission of prohib22 ited acts is found by the Secretary to have been in 

23 the interest of the safe operation of the commercial 

24 vessel. 


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1 ‘‘(o) REGULATION UNDER OTHER SECTIONS OF

2 THIS ACT.—This section shall not affect the regulation 

3 of discharges from a commercial vessel pursuant to section 

4 311 or 312.’’. 

5 SEC. 3. CONFORMING AND TECHNICAL AMENDMENTS. 

6 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

7 (1) EFFLUENT LIMITATIONS.—Section 301(a) 

8 of the Federal Water Pollution Control Act (33 

9 U.S.C. 1311(a)) is amended by inserting ‘‘321,’’ 

10 after ‘‘318,’’. 

11 (2) REVIEW OF ADMINISTRATOR’S ACTIONS.— 

12 The first sentence of section 509(b)(1) of such Act 

13 (33 U.S.C. 1369(b)(1)) is amended— 

14 (A) by striking ‘‘and (G)’’ and inserting 

15 ‘‘(G)’’; and 

16 (B) by inserting after ‘‘section 304(l),’’ the 

17 following: ‘‘and (H) in issuing any regulation or 

18 otherwise taking final agency action under sec19 tion 321,’’. 

20 (b) VESSEL GENERAL PERMIT.— 

21 (1) EXPIRATION.—Notwithstanding the expira22 tion date set forth in the Vessel General Permit, the 

23 Vessel General Permit shall expire as follows: 

24 (A) The terms and conditions of section 6 

25 of such permit or any law of a State (as defined 


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1 in section 502 of the Federal Water Pollution 

2 Control Act (33 U.S.C. 1362)) or political sub3 division thereof regulating the discharge of bal4 last water or any discharge incidental to the 

5 normal operation of a commercial vessel within 

6 the meaning of section 321 of the Federal 

7 Water Pollution Control Act (as added by this 

8 Act), upon the date of enactment of this Act. 

9 (B) For each commercial vessel, the terms 

10 and conditions of such permit (except the terms 

11 and conditions referred to in subparagraph (A)) 

12 applicable to a discharge of ballast water— 

13 (i) on the date on which— 

14 (I) a ballast water treatment 

15 technology certified under section 

16 321(e) of the Federal Water Pollution 

17 Control Act (as added by this Act) is 

18 installed on the commercial vessel; 

19 (II) an alternative method of 

20 compliance is established for the com21 mercial vessel under section 

22 321(f)(1)(A) of such Act or is ap23 proved for use on the commercial ves24 sel under section 321(f)(4)(B) of such 

25 Act; 


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1 (III) a petition is granted for the 

2 commercial vessel under section 

3 321(g) of such Act; or 

4 (IV) a certificate is issued for the 

5 commercial vessel under section 

6 321(h) of such Act; or 

7 (ii) in any case not described in clause 

8 (i), on December 18, 2013. 

9 (C) The terms and conditions of such per10 mit (except the terms and conditions referred to 

11 in subparagraph (A)) applicable to discharges 

12 incidental to the normal operation of a covered 

13 vessel, on December 18, 2013. 

14 (2) DISCHARGES INCIDENTAL TO THE NORMAL

15 OPERATION OF COMMERCIAL VESSELS.—Notwith16 standing the expiration date set forth in the Vessel 

17 General Permit, the terms and conditions of such 

18 permit (except the terms and conditions referred to 

19 in paragraphs (1)(A) and (1)(C)) applicable to dis20 charges incidental to the normal operation of a com21 mercial vessel shall remain in effect. 

22 (3) DEFINITIONS.—In this subsection, the fol23 lowing definitions apply: 

24 (A) COMMERCIAL VESSEL.—The term 

25 ‘‘commercial vessel’’ has the meaning given that 


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1 term in section 321(a) of the Federal Water 

2 Pollution Control Act (as added by this Act). 

3 (B) COVERED VESSEL.—The term ‘‘cov4 ered vessel’’ has the meaning given that term in 

5 Public Law 110–299 (33 U.S.C. 1342 note). 

6 (C) VESSEL GENERAL PERMIT.—The term 

7 ‘‘Vessel General Permit’’ means the Vessel Gen8 eral Permit for Discharges Incidental to the 

9 Normal Operation of Vessels issued under sec10 tion 402 of the Federal Water Pollution Control 

11 Act (33 U.S.C. 1342) by the Administrator of 

12 the Environmental Protection Agency for bal13 last water and other discharges incidental to 

14 the normal operation of vessels, as in effect on 

15 December 19, 2008, for all jurisdictions except 

16 Alaska and Hawaii, and February 6, 2009, for 

17 Alaska and Hawaii. 

18 (c) REGULATION OF BALLAST WATER AND INCI19 DENTAL DISCHARGES FROM A COMMERCIAL VESSEL.— 

20 (1) IN GENERAL.—Effective on the date of en21 actment of this Act, the following discharges shall 

22 not be regulated in any manner other than as speci23 fied in section 321 of the Federal Water Pollution 

24 Control Act (as added by this Act) and subsection 

25 (b) of this section: 


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1 (A) A discharge incidental to the normal 

2 operation of a commercial vessel. 

3 (B) A discharge of ballast water from a 

4 commercial vessel. 

5 (2) DEFINITIONS.—In this subsection, the 

6 terms ‘‘ballast water’’, ‘‘commercial vessel’’, and 

7 ‘‘discharge incidental to the normal operation of a 

8 commercial vessel’’ have the meanings given those 

9 terms in section 321(a) of the Federal Water Pollu10 tion Control Act (as added by this Act). 

11 (d) NONINDIGENOUS AQUATIC NUISANCE PREVEN12 TION AND CONTROL ACT OF 1990.— 

13 (1) AQUATIC NUISANCE SPECIES IN WATERS OF

14 THE UNITED STATES.—Effective on the date of 

15 issuance of final regulations under section 321(b) of 

16 the Federal Water Pollution Control Act (as added 

17 by this Act), section 1101 of the Nonindigenous 

18 Aquatic Nuisance Prevention and Control Act of 

19 1990 (16 U.S.C. 4711) is repealed. 

20 (2) RELATIONSHIP TO OTHER LAWS.—Effective 

21 on the date of enactment of this Act, section 1205 

22 of the Nonindigenous Aquatic Nuisance Prevention 

23 and Control Act of 1990 (16 U.S.C. 4725) is re24 pealed. 

Æ 


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