I 
110TH CONGRESS 
2D SESSION 
H. R. 5594 
To require the Commandant of the Coast Guard to conduct an evaluation 
and review of certain vessel discharges. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2008 
Mr. YOUNG of Alaska (for himself and Mr. LOBIONDO) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To require the Commandant of the Coast Guard to conduct 
an evaluation and review of certain vessel discharges. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Vessel Discharge Eval-
uation and Review Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Starting with passage of the Act to Prevent 
Pollution from Ships in 1980, the United States 
Coast Guard has been the principal Federal author-
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS
ity charged with administering, enforcing, and pre-
scribing regulations relating to the discharge of pol-
lutants from vessels engaged in maritime commerce 
and transportation. 
(2) There are more than 16 million State-reg-
istered boats, 110,000 commercial fishing vessels, 
and 53,000 freight and tank barges operating in 
United States waters. Since 1973 certain discharges 
incidental to the normal operation of these vessels 
have been exempted from regulation. 
(3) When required, Congress has specifically 
mandated Federal programs for control of dis-
charges from vessels, including— 
(A) the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901 et seq.) in 1980; 
(B) the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 
4701 et seq.); 
(C) the National Invasive Species Act of 
1996 (16 U.S.C. 4701 note); and 
(D) section 1401 of the 2000 Omnibus 
Consolidated and Emergency Supplemental Ap-
propriations for Fiscal Year 2001, which pre-
vented 
discharge 
of 
treated 
sewage 
and 
graywater in certain areas of Alaska. 
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS
SEC. 3. EVALUATION AND REVIEW OF CERTAIN DIS-
CHARGES. 
(a) IN GENERAL.—The Commandant of the Coast 
Guard, in consultation with the heads of appropriate Fed-
eral agencies, as determined by the Commandant, shall 
conduct an evaluation and review of vessel discharges, 
other than ballast water, that are described in section 
122.3(a) of title 40, Code of Federal Regulations, as in 
effect on the date of enactment of this Act. The evaluation 
shall include— 
(1) a characterization of the various types and 
composition of such discharges by different classes 
of vessels; 
(2) the volumes of such discharges for rep-
resentative individual vessels and by classes of ves-
sels in the aggregate; 
(3) an analysis of current technologies or best 
management practices, and their associated costs, 
used to control such discharges; 
(4) an analysis of the extent to which such dis-
charges are currently subject to regulation under ex-
isting Federal laws or binding international obliga-
tions of the United States; 
(5) the locations of such discharges; 
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS
(6) analyses and conclusions as to the nature 
and extent of potential effects of such discharges on 
human health, welfare, and the environment; 
(7) an analysis of practicable measures, includ-
ing best management practices, to control such dis-
charges; and 
(8) recommendations as to steps, including reg-
ulatory changes, together with a schedule for imple-
mentation, that are appropriate to address such dis-
charges. 
(b) PUBLIC COMMENT.—The Commandant shall— 
(1) publish a draft report containing findings, 
conclusions, and recommendations from the evalua-
tion and review required by subsection (a) in the 
Federal Register; 
(2) accept public comments regarding such re-
port for a period of not less than 120 days after the 
date the report is published in the Federal Register; 
and 
(3) consider any such public comments in the 
preparation of a final report under subsection (c). 
(c) FINAL REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Commandant shall 
prepare and submit to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS
resentatives Committee on Transportation and Infrastruc-
ture a final report containing findings, conclusions, and 
recommendations from the evaluation and review required 
by subsection (a). 
SEC. 4. DISCHARGES INCIDENTAL TO NORMAL OPERATION 
OF VESSELS. 
(a) STATEMENT OF PURPOSE.—The purposes of this 
section are— 
(1) to provide for the establishment of nation-
ally uniform, environmentally sound, standards for 
discharges incidental to the normal operation of ves-
sels; and 
(2) to establish procedures for designation of no 
discharge zones as necessary to protect waters with-
in the jurisdiction of a State from the effects of dis-
charges incidental to the normal operation of vessels. 
(b) EVALUATION AND REVIEW OF CERTAIN DIS-
CHARGES.—Subtitle B of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
4711 et seq.) is amended by adding at the end thereof 
the following: 
‘‘SEC. 1105. REGULATION OF CERTAIN DISCHARGES. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, any requirement to obtain a permit for a 
discharge incidental to the normal operation of a vessel 
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS
is suspended beginning on the date of enactment of the 
Vessel Discharge Evaluation and Review Act. The Com-
mandant of the Coast Guard, in consultation with the 
heads of other appropriate Federal agencies, as deter-
mined by the Commandant, and based on the findings of 
the final report submitted under section 3(c) of the Vessel 
Discharge Evaluation and Review Act, shall promulgate 
a final rule to establish an appropriate program for estab-
lishing enforceable uniform national discharge standards, 
in lieu of any permit requirement established pursuant to 
any other provision of law, that are modeled in whole or 
in part on the regulatory program for vessels of the Armed 
Forces and based upon the best available technology. Any 
such national uniform discharge standards or prohibitions 
shall be enforced by the Secretary and may be enforced 
by a State. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) An interested person may file a petition 
for review of a final regulation promulgated under 
this section in the United States Court of Appeals 
for the District of Columbia Circuit. Any such peti-
tion shall be filed within 120 days after the date no-
tice of such promulgation appears in the Federal 
Register, except that if such petition is based solely 
on grounds arising after such 120th day, then any 
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS
petition for review under this subsection shall be 
filed within 120 days after such grounds arise. 
‘‘(2) Any regulation for which review could have 
been obtained under paragraph (1) of this sub-
section is not subject to judicial review in any civil 
or criminal proceeding for enforcement. 
‘‘(c) EFFECT ON STATE AUTHORITY.— 
‘‘(1) Notwithstanding any other provision of 
law, except as provided in this subsection, no State 
or political subdivision thereof may adopt or enforce 
any statute or regulation of the State or political 
subdivision with respect to a discharge incidental to 
the normal operation of a vessel subject to evalua-
tion under section 3 of the Vessel Discharge Evalua-
tion and Review Act after the promulgation of a 
final rule under that subsection. 
‘‘(2) If a State determines that the protection 
and enhancement of the quality of some or all of the 
waters within the State require greater environ-
mental protection, the State may prohibit one or 
more such discharges incidental to the normal oper-
ation of a vessel. No such prohibition shall apply 
until the Commandant, in consultation with the 
heads of appropriate Federal agencies, as deter-
mined by the Commandant, determines that— 
VerDate Aug 31 2005 
22:19 Mar 12, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5594.IH
H5594
rwilkins on PROD1PC63 with BILLS