I 
113TH CONGRESS 
1ST SESSION H. R. 3464 
To amend the Federal Water Pollution Control Act with respect to discharges 
incidental to the normal operation of certain vessels. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 13, 2013 
Mr. LOBIONDO (for himself and Mr. LARSEN of Washington) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act with 
respect to discharges incidental to the normal operation 
of certain vessels. 
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 ‘‘Commercial Vessel 
Discharges Reform Act of 2013’’. 
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPER-
ATION OF A COVERED VESSEL. 
(a) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A COVERED VESSEL.— 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
(1) NO PERMIT REQUIRED.—Section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the fol-
lowing: 
‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A COVERED VESSEL.—No permit shall be re-
quired under this Act by the Administrator (or a State, 
in the case of a permit program approved under subsection 
(b)) for a discharge incidental to the normal operation of 
a covered vessel (as defined in section 312(p)).’’. 
(2) BEST MANAGEMENT PRACTICES FOR COV-
ERED VESSELS.—Section 312 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended 
by adding at the end the following: 
‘‘(p) BEST MANAGEMENT PRACTICES FOR COVERED 
VESSELS.— 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) COVERED VESSEL.—The term ‘cov-
ered 
vessel’ 
means 
every 
description 
of 
watercraft, or other artificial contrivance used 
or capable of being used as a means of trans-
portation on water, that is engaged in commer-
cial service (as defined under section 2101 of 
title 46, United States Code), and— 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(i) is less than 79 feet in length; or 
‘‘(ii) is a fishing vessel (as defined in 
section 2101 of title 46, United States 
Code), regardless of length of the vessel. 
‘‘(B) DISCHARGE
INCIDENTAL
TO
THE 
NORMAL OPERATION OF A COVERED VESSEL.— 
‘‘(i) IN
GENERAL.—The term ‘dis-
charge incidental to the normal operation 
of a covered vessel’ means— 
‘‘(I) a discharge into navigable 
waters from a covered vessel of— 
‘‘(aa)(AA) graywater (except 
graywater referred to in section 
312(a)(6)), bilge water, cooling 
water, oil water separator efflu-
ent, 
anti-fouling 
hull 
coating 
leachate, boiler or economizer 
blowdown, byproducts from ca-
thodic 
protection, 
controllable 
pitch propeller and thruster hy-
draulic fluid, distillation and re-
verse osmosis brine, elevator pit 
effluent, firemain system efflu-
ent, freshwater layup effluent, 
gas turbine wash water, motor 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
gasoline and compensating efflu-
ent, refrigeration and air conden-
sate effluent, seawater pumping 
biofouling prevention substances, 
boat engine wet exhaust, sonar 
dome effluent, exhaust gas scrub-
ber washwater, or stern tube 
packing gland effluent; or 
‘‘(BB) any other pollutant 
associated with the operation of a 
marine propulsion system, ship-
board maneuvering system, hab-
itability 
system, 
or 
installed 
major equipment, or from a pro-
tective, preservative, or absorp-
tive application to the hull of a 
covered vessel; 
‘‘(bb) weather deck runoff, 
deck wash, aqueous film forming 
foam effluent, chain locker efflu-
ent, non-oily machinery waste-
water, 
underwater 
ship 
hus-
bandry effluent, welldeck efflu-
ent, or fish hold and fish hold 
cleaning effluent; or 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(cc) any effluent from a 
properly functioning marine en-
gine; or 
‘‘(II) a discharge of a pollutant 
into navigable waters in connection 
with the testing, maintenance, and re-
pair of a system, equipment, or an en-
gine described in item (aa)(BB) or 
(cc) of subclause (I) whenever the cov-
ered vessel is waterborne. 
‘‘(ii) EXCLUSION.—The term ‘dis-
charge incidental to the normal operation 
of a covered vessel’ does not include— 
‘‘(I) a discharge into navigable 
waters from a covered vessel of— 
‘‘(aa) ballast water; 
‘‘(bb) rubbish, trash, gar-
bage, incinerator ash, or other 
such material discharged over-
board; 
‘‘(cc) oil or a hazardous sub-
stance within the meaning of sec-
tion 311; or 
‘‘(dd) sewage within the 
meaning of section 312; 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(II) an emission of an air pol-
lutant resulting from the operation 
onboard a covered vessel of a vessel 
propulsion 
system, 
motor 
driven 
equipment, or incinerator; or 
‘‘(III) a discharge into navigable 
waters from a covered vessel when the 
covered vessel is operating in a capac-
ity other than as a means of transpor-
tation on water. 
‘‘(2) DETERMINATION
OF
DISCHARGES
SUB-
JECT TO BEST MANAGEMENT PRACTICES.— 
‘‘(A) DETERMINATION.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, in consultation with the Secretary 
of the department in which the Coast 
Guard is operating, shall determine the 
discharges incidental to the normal oper-
ation of a covered vessel for which it is 
reasonable and practicable to develop best 
management practices to mitigate the ad-
verse impacts of such discharges on the 
waters of the United States. 
‘‘(ii) PROMULGATION.—The Adminis-
trator shall promulgate the determinations 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
under clause (i) in accordance with section 
553 of title 5, United States Code. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Ad-
ministrator shall consider— 
‘‘(i) the nature of the discharge; 
‘‘(ii) the environmental effects of the 
discharge, including characteristics of the 
receiving waters; 
‘‘(iii) the effectiveness of the best 
management practice in reducing adverse 
impacts of the discharge on water quality; 
‘‘(iv) the practicability of developing 
and using a best management practice; 
‘‘(v) the effect that the use of a best 
management practice would have on the 
operation, operational capability, or safety 
of the vessel; 
‘‘(vi) applicable Federal and State 
law; 
‘‘(vii) applicable international stand-
ards; and 
‘‘(viii) the economic costs of the use of 
the best management practice. 
‘‘(C) TIMING.—The Administrator shall— 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(i) make initial determinations under 
subparagraph (A) not later than 1 year 
after the date of enactment of this sub-
section; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the determinations; 
and 
‘‘(II) if necessary, revise the de-
terminations based on any new infor-
mation available to the Administrator. 
‘‘(3) REGULATIONS
FOR
THE
USE
OF
BEST 
MANAGEMENT PRACTICES.— 
‘‘(A) IN GENERAL.—The Secretary of the 
department in which the Coast Guard is oper-
ating, in consultation with the Administrator, 
shall promulgate regulations on the use of best 
management practices for discharges incidental 
to the normal operation of a covered vessel that 
the Administrator determines are reasonable 
and practicable to develop under paragraph (2). 
‘‘(B) REGULATIONS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall promulgate the regulations under this 
paragraph as soon as practicable after the 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
Administrator makes determinations pur-
suant to paragraph (2). 
‘‘(ii) CONSIDERATIONS.—In promul-
gating regulations under this paragraph, 
the Secretary may— 
‘‘(I) distinguish among classes, 
types, and sizes of vessels; 
‘‘(II) distinguish between new 
and existing vessels; and 
‘‘(III) provide for a waiver of the 
applicability of the standards as nec-
essary or appropriate to a particular 
class, type, age, or size of vessel. 
‘‘(4) EFFECT
OF
OTHER
LAWS.—This sub-
section shall not affect the application of section 311 
to a covered vessel. 
‘‘(5) PROHIBITION RELATING TO COVERED VES-
SELS.—After the effective date of the regulations 
promulgated by the Secretary of the department in 
which the Coast Guard is operating under paragraph 
(3), the owner or operator of a covered vessel shall 
neither operate in, nor discharge any discharge inci-
dental to the normal operation of the vessel into, 
navigable waters, if the owner or operator of the ves-
sel is not using any applicable best management 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS
practice meeting standards established under this 
subsection.’’. 
Æ 
VerDate Mar 15 2010 
18:24 Nov 14, 2013
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H3464.IH
H3464
mstockstill on DSK4VPTVN1PROD with BILLS