submit a petition to the Secretary requesting 
approval to use such alternative method. 
‘‘(B) APPROVAL.—If the Secretary deter-
mines that a commercial vessel for which a peti-
tion has been submitted under subparagraph 
(A) meets the criteria described in paragraph 
(1)(B), the Secretary may approve the petition 
and impose any conditions on such approval 
that the Secretary determines appropriate. 
‘‘(C) DEADLINE.—The Secretary shall 
make a determination under subparagraph (B) 
not later than 90 days after the date on which 
an owner or operator submits a petition under 
subparagraph (A). If the Secretary fails to 
make a determination by the end of the 90-day 
period, the petition shall be considered to be ap-
proved. 
‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— 
‘‘(1) IN GENERAL.—Subsections (c), (e), and (i) 
shall not apply to a commercial vessel that, as deter-
mined by the Secretary— 
‘‘(A) operates exclusively within a geo-
graphically limited area; or 
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‘‘(B) operates pursuant to a geographic re-
striction issued for the commercial vessel under 
section 3309 of title 46, United States Code. 
‘‘(2) PETITION FOR DETERMINATION BY THE 
SECRETARY.—Following the date of issuance of final 
regulations under subsection (b), an owner or oper-
ator may petition the Secretary for a determination 
under paragraph (1). Not later than 90 days after 
receipt of such a petition, the Secretary shall re-
spond to the petitioner with a determination regard-
ing whether the commercial vessel that is the subject 
of the petition meets the requirements of paragraph 
(1). If the Secretary fails to respond to a petition by 
the end of the 90-day period, the petition shall be 
considered to be granted. 
‘‘(3) NOTIFICATION.—The Secretary shall no-
tify the Administrator and the Governor of each 
State the waters of which could be affected by the 
discharge of ballast water from a commercial vessel 
for which a petition has been granted under para-
graph (2) of the granting of any such petition. 
‘‘(h) RECEPTION FACILITIES.— 
‘‘(1) IN GENERAL.—An owner or operator shall 
discharge ballast water in compliance with sub-
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section (c) or (f) unless discharging ballast water 
into— 
‘‘(A) an onshore facility for the reception 
of ballast water that meets standards issued by 
the Administrator, in consultation with the Sec-
retary; or 
‘‘(B) an offshore facility for the reception 
of ballast water that meets standards issued by 
the Secretary, in consultation with the Adminis-
trator. 
‘‘(2) ISSUANCE
OF
STANDARDS.—Not later 
than 2 years after the date of enactment of this sec-
tion— 
‘‘(A) the Administrator, in consultation 
with the Secretary, shall issue the standards re-
ferred to in paragraph (1)(A); and 
‘‘(B) the Secretary, in consultation with 
the Administrator, shall issue the standards re-
ferred to in paragraph (1)(B). 
‘‘(3) SOLE METHOD OF DISCHARGE.—The Sec-
retary, in consultation with the Administrator, and 
upon petition by an owner or operator, may issue to 
an owner or operator a certificate stating that a 
commercial vessel is in compliance with the require-
ments of subsection (b)(1)(A) if discharging ballast 
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water into a facility meeting the standards issued 
under this subsection is the sole method by which 
the owner or operator discharges ballast water from 
the commercial vessel. 
‘‘(i) COMMERCIAL VESSEL BALLAST WATER MAN-
AGEMENT PLAN.— 
‘‘(1) IN GENERAL.—An owner or operator shall 
discharge ballast water in accordance with a ballast 
water management plan that— 
‘‘(A) meets requirements prescribed by the 
Secretary; and 
‘‘(B) is approved by the Secretary. 
‘‘(2) FOREIGN
COMMERCIAL
VESSELS.—The 
Secretary may approve a ballast water management 
plan for a foreign commercial vessel on the basis of 
a certificate of compliance issued by the country of 
registration of the commercial vessel if the require-
ments of the government of that country for a bal-
last water management plan are substantially equiv-
alent to regulations issued by the Secretary. 
‘‘(3) RECORDKEEPING.— 
‘‘(A) IN GENERAL.—Except as provided by 
subparagraph (B), an owner or operator shall 
maintain in English and have available for in-
spection by the Secretary a ballast water record 
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book in which each operation of the commercial 
vessel involving a ballast water discharge is re-
corded in accordance with regulations issued by 
the Secretary. 
‘‘(B) ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide for al-
ternative methods of recordkeeping, including 
electronic recordkeeping, to comply with the re-
quirements of this paragraph. 
‘‘(j) REGULATION
OF
BALLAST
WATER
DIS-
CHARGES.—Effective on and after the date of enactment 
of this section— 
‘‘(1) the Administrator (or a State in the case 
of a permit program approved under section 402) 
shall not require any new permit or permit condition 
under section 402 for any discharge of ballast water 
from a commercial vessel into navigable waters; and 
‘‘(2) except as provided by subsection (k), a 
State or political subdivision thereof shall not adopt 
or enforce any law or regulation of the State or po-
litical subdivision with respect to such a discharge. 
‘‘(k) STATE AUTHORITY.— 
‘‘(1) STATE
PROGRAMS.—The Governor of a 
State desiring to administer its own inspection and 
enforcement authority for ballast water discharges 
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within its jurisdiction may submit to the Secretary 
a complete description of the program the Governor 
proposes to establish and administer under State 
law. In addition, the Governor shall submit a state-
ment from the State attorney general that the laws 
of the State provide adequate authority to carry out 
the described program. 
‘‘(2) APPROVAL.—The Secretary, with the con-
currence of the Administrator, may approve a pro-
gram of a State submitted under paragraph (1) pro-
viding for the State’s own inspection and enforce-
ment authority for ballast water discharges within 
its jurisdiction, if the Secretary determines that the 
State possesses adequate resources to— 
‘‘(A) inspect, monitor, and board a com-
mercial vessel at any time, including the taking 
and testing of ballast water samples, to ensure 
the commercial vessel’s compliance with this 
section; 
‘‘(B) ensure that any ballast water dis-
charged within the waters subject to the juris-
diction of the State meets the requirements of 
this section; 
‘‘(C) establish adequate procedures for re-
porting violations of this section; 
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‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall limit the au-
thority of the Administrator or the Secretary to 
carry out inspections of any commercial vessel under 
subsection (m). 
‘‘(6) STATE LAWS.—Notwithstanding any other 
provision of this section, a State may enact such 
laws as are necessary to provide for the implementa-
tion of the State ballast water inspection and en-
forcement program provided under this subsection. 
The requirements for a ballast water inspection and 
enforcement program contained in such State law 
shall be substantively and procedurally equivalent to 
those required in this section, and any requirements 
relating to recordkeeping, reporting, and sampling or 
analysis contained in such State law shall be sub-
stantively and procedurally equivalent to the require-
ments of this section and its implementing regula-
tions and guidance. 
‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATIONS OF A COMMERCIAL VESSEL.— 
‘‘(1) 
EVALUATION
OF
INCIDENTAL
DIS-
CHARGES.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this section, the 
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Administrator, in consultation with the Sec-
retary, shall complete an evaluation of dis-
charges incidental to the normal operation of a 
commercial vessel. 
‘‘(B) FACTORS.—In carrying out the eval-
uation, the Administrator shall analyze— 
‘‘(i) the characterization of the var-
ious types and composition of discharges 
incidental to the normal operation of a 
commercial vessel by different classes, 
types, and sizes of commercial vessels; 
‘‘(ii) the volume of such discharges for 
representative individual commercial ves-
sels and by classes, types, and sizes of 
commercial vessels in the aggregate; 
‘‘(iii) the availability and feasibility of 
implementing technologies or best manage-
ment practices for the control of such dis-
charges; 
‘‘(iv) the characteristics of the receiv-
ing waters of such discharges; 
‘‘(v) the nature and extent of poten-
tial effects of such discharges on human 
health, welfare, and the environment; 
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‘‘(vi) the extent to which such dis-
charges are currently subject to and ad-
dressed by regulations under existing Fed-
eral laws or binding international obliga-
tions of the United States; and 
‘‘(vii) any additional factor that the 
Administrator considers appropriate. 
‘‘(2) 
REGULATION
OF
INCIDENTAL
DIS-
CHARGES.—Effective on and after the date of enact-
ment of this section— 
‘‘(A) the Administrator (or a State in the 
case of a permit program approved under sec-
tion 402) shall not require any new permit or 
permit conditions under section 402 for any dis-
charge incidental to the normal operation of a 
commercial vessel; and 
‘‘(B) a State or political subdivision there-
of shall not adopt or enforce any law or regula-
tion of the State or political subdivision with re-
spect to such a discharge. 
‘‘(m) INSPECTIONS AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) COAST GUARD ENFORCEMENT.—The 
Secretary shall enforce the requirements of this 
section and may utilize by agreement, with or 
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without reimbursement, law enforcement offi-
cers or other personnel and facilities of the Ad-
ministrator, other Federal agencies, and the 
States. 
‘‘(B) ENVIRONMENTAL PROTECTION AGEN-
CY
ACTIONS.—Notwithstanding any enforce-
ment decisions of the Secretary under subpara-
graph (A), the Administrator may use the au-
thorities provided in sections 308, 309, 312, 
and 504 whenever required to carry out this 
section. 
‘‘(2) COAST
GUARD
INSPECTIONS.—The Sec-
retary may carry out inspections of any commercial 
vessel at any time, including the taking of ballast 
water samples, to ensure compliance with this sec-
tion. The Secretary shall use all appropriate and 
practical measures of detection and environmental 
monitoring of such commercial vessels and shall es-
tablish adequate procedures for reporting violations 
of this section and accumulating evidence regarding 
such violations. 
‘‘(n) COMPLIANCE.— 
‘‘(1) DETENTION OF COMMERCIAL VESSEL.— 
The Secretary, by notice to the owner or operator, 
may detain the commercial vessel if the Secretary 
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has reasonable cause to believe that the commercial 
vessel does not comply with a requirement of this 
section or is being operated in violation of such a re-
quirement. 
‘‘(2) SANCTIONS.— 
‘‘(A) CIVIL PENALTIES.—Any person who 
violates this section shall be liable for a civil 
penalty in an amount not to exceed $5,000 for 
each violation. Each day of a continuing viola-
tion constitutes a separate violation. A commer-
cial vessel operated in violation of this section 
is liable in rem for any civil penalty assessed for 
that violation. 
‘‘(B) 
CRIMINAL
PENALTIES.—Whoever 
knowingly violates this section shall be fined not 
less than $5,000 nor more than $50,000 for 
each day of a violation, or imprisoned not more 
than 3 years, or both. 
‘‘(C) REVOCATION OF CLEARANCE.—Upon 
request of the Secretary, the Secretary of 
Homeland Security shall withhold or revoke the 
clearance of a commercial vessel required by 
section 60105 of title 46, United States Code, 
if the owner or operator is in violation of this 
section. 
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‘‘(3) ENFORCEMENT ACTIONS.— 
‘‘(A) ADMINISTRATIVE
ACTIONS.—If the 
Secretary finds that a person has violated this 
section, the Secretary may assess a civil penalty 
for the violation. In determining the amount of 
the civil penalty, the Secretary shall take into 
account the nature, circumstances, extent, and 
gravity of the prohibited acts committed and, 
with respect to the violator, the degree of culpa-
bility, any history of prior violations, and such 
other matters as justice may require. 
‘‘(B) CIVIL ACTIONS.—At the request of 
the Secretary, the Attorney General may bring 
a civil action in an appropriate district court of 
the United States to enforce this section. Any 
court before which such an action is brought 
may award appropriate relief, including tem-
porary or permanent injunctions and civil pen-
alties. 
‘‘(4) EXCLUSION.—No person shall be found in 
violation of this section whose commission of prohib-
ited acts is found by the Secretary to have been in 
the interest of the safe operation of the commercial 
vessel. 
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‘‘(o) REGULATION UNDER OTHER SECTIONS
OF 
THIS ACT.—This section shall not affect the regulation 
of discharges from a commercial vessel pursuant to section 
311 or 312.’’. 
SEC. 3. CONFORMING AND TECHNICAL AMENDMENTS. 
(a) FEDERAL WATER POLLUTION CONTROL ACT.— 
(1) EFFLUENT LIMITATIONS.—Section 301(a) 
of the Federal Water Pollution Control Act (33 
U.S.C. 1311(a)) is amended by inserting ‘‘321,’’ 
after ‘‘318,’’. 
(2) REVIEW OF ADMINISTRATOR’S ACTIONS.— 
The first sentence of section 509(b)(1) of such Act 
(33 U.S.C. 1369(b)(1)) is amended— 
(A) by striking ‘‘and (G)’’ and inserting 
‘‘(G)’’; and 
(B) by inserting after ‘‘section 304(l),’’ the 
following: ‘‘and (H) in issuing any regulation or 
otherwise taking final agency action under sec-
tion 321,’’. 
(b) VESSEL GENERAL PERMIT.— 
(1) EXPIRATION.—Notwithstanding the expira-
tion date set forth in the Vessel General Permit, the 
Vessel General Permit shall expire as follows: 
(A) The terms and conditions of section 6 
of such permit or any law of a State (as defined 
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in section 502 of the Federal Water Pollution 
Control Act (33 U.S.C. 1362)) or political sub-
division thereof regulating the discharge of bal-
last water or any discharge incidental to the 
normal operation of a commercial vessel within 
the meaning of section 321 of the Federal 
Water Pollution Control Act (as added by this 
Act), upon the date of enactment of this Act. 
(B) For each commercial vessel, the terms 
and conditions of such permit (except the terms 
and conditions referred to in subparagraph (A)) 
applicable to a discharge of ballast water— 
(i) on the date on which— 
(I) a ballast water treatment 
technology certified under section 
321(e) of the Federal Water Pollution 
Control Act (as added by this Act) is 
installed on the commercial vessel; 
(II) an alternative method of 
compliance is established for the com-
mercial 
vessel 
under 
section 
321(f)(1)(A) of such Act or is ap-
proved for use on the commercial ves-
sel under section 321(f)(4)(B) of such 
Act; 
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(III) a petition is granted for the 
commercial 
vessel 
under 
section 
321(g) of such Act; or 
(IV) a certificate is issued for the 
commercial 
vessel 
under 
section 
321(h) of such Act; or 
(ii) in any case not described in clause 
(i), on December 18, 2013. 
(C) The terms and conditions of such per-
mit (except the terms and conditions referred to 
in subparagraph (A)) applicable to discharges 
incidental to the normal operation of a covered 
vessel, on December 18, 2013. 
(2) DISCHARGES INCIDENTAL TO THE NORMAL 
OPERATION
OF
COMMERCIAL
VESSELS.—Notwith-
standing the expiration date set forth in the Vessel 
General Permit, the terms and conditions of such 
permit (except the terms and conditions referred to 
in paragraphs (1)(A) and (1)(C)) applicable to dis-
charges incidental to the normal operation of a com-
mercial vessel shall remain in effect. 
(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) 
COMMERCIAL
VESSEL.—The 
term 
‘‘commercial vessel’’ has the meaning given that 
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term in section 321(a) of the Federal Water 
Pollution Control Act (as added by this Act). 
(B) COVERED
VESSEL.—The term ‘‘cov-
ered vessel’’ has the meaning given that term in 
Public Law 110–299 (33 U.S.C. 1342 note). 
(C) VESSEL GENERAL PERMIT.—The term 
‘‘Vessel General Permit’’ means the Vessel Gen-
eral Permit for Discharges Incidental to the 
Normal Operation of Vessels issued under sec-
tion 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) by the Administrator of 
the Environmental Protection Agency for bal-
last water and other discharges incidental to 
the normal operation of vessels, as in effect on 
December 19, 2008, for all jurisdictions except 
Alaska and Hawaii, and February 6, 2009, for 
Alaska and Hawaii. 
(c) REGULATION OF BALLAST WATER AND INCI-
DENTAL DISCHARGES FROM A COMMERCIAL VESSEL.— 
(1) IN GENERAL.—Effective on the date of en-
actment of this Act, the following discharges shall 
not be regulated in any manner other than as speci-
fied in section 321 of the Federal Water Pollution 
Control Act (as added by this Act) and subsection 
(b) of this section: 
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(A) A discharge incidental to the normal 
operation of a commercial vessel. 
(B) A discharge of ballast water from a 
commercial vessel. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘ballast water’’, ‘‘commercial vessel’’, and 
‘‘discharge incidental to the normal operation of a 
commercial vessel’’ have the meanings given those 
terms in section 321(a) of the Federal Water Pollu-
tion Control Act (as added by this Act). 
(d) NONINDIGENOUS AQUATIC NUISANCE PREVEN-
TION AND CONTROL ACT OF 1990.— 
(1) AQUATIC NUISANCE SPECIES IN WATERS OF 
THE
UNITED
STATES.—Effective on the date of 
issuance of final regulations under section 321(b) of 
the Federal Water Pollution Control Act (as added 
by this Act), section 1101 of the Nonindigenous 
Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711) is repealed. 
(2) RELATIONSHIP TO OTHER LAWS.—Effective 
on the date of enactment of this Act, section 1205 
of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4725) is re-
pealed. 
Æ 
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