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 regu-
late discharges from commercial vessels, and for other 
purposes. 
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 2011’’. 
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SEC. 2. DISCHARGES FROM COMMERCIAL VESSELS. 
Title III of the Federal Water Pollution Control Act 
(33 U.S.C. 1311 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS. 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) AQUATIC NUISANCE SPECIES.—The term 
‘aquatic nuisance species’ means a nonindigenous 
species (including a pathogen) that threatens the di-
versity or abundance of native species or the ecologi-
cal stability of navigable waters or commercial, agri-
cultural, aquacultural, or recreational activities de-
pendent on such waters. 
‘‘(2) BALLAST WATER.— 
‘‘(A) IN
GENERAL.—The term ‘ballast 
water’ means any water (including any sedi-
ment suspended in such water) taken aboard a 
commercial vessel— 
‘‘(i) to control trim, list, draught, sta-
bility, or stresses of the vessel; or 
‘‘(ii) during the cleaning, mainte-
nance, or other operation of a ballast water 
treatment system of the vessel. 
‘‘(B) 
EXCLUSION.—The 
term 
‘ballast 
water’ does not include any pollutant that is 
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added to water described in subparagraph (A) 
that is not directly related to the operation of 
a properly functioning ballast water treatment 
technology certified under subsection (e). 
‘‘(3) BALLAST
WATER
CAPACITY.—The term 
‘ballast water capacity’ means the total volumetric 
capacity of the ballast water treatment system of a 
commercial vessel. 
‘‘(4) BALLAST WATER PERFORMANCE STAND-
ARD.—The term ‘ballast water performance stand-
ard’ or ‘performance standard’ means a numerical 
ballast water performance standard specified under 
subsection (c) or established under subsection (d). 
‘‘(5) BALLAST WATER TREATMENT SYSTEM.— 
The term ‘ballast water treatment system’ means 
any equipment on board a commercial vessel (includ-
ing all compartments, piping, spaces, tanks, and 
multi-use compartments, piping, spaces, and tanks) 
designed for loading, carrying, treating, or dis-
charging ballast water. 
‘‘(6) BALLAST
WATER
TREATMENT
TECH-
NOLOGY.—The term ‘ballast water treatment tech-
nology’ or ‘treatment technology’ means any me-
chanical, physical, chemical, or biological process 
used, either singularly or in combination, to remove, 
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render harmless, or avoid the uptake or discharge of 
aquatic nuisance species within ballast water. 
‘‘(7) BIOCIDE.—The term ‘biocide’ means a 
substance or organism, including a virus or fungus, 
that is introduced into, or produced by, a ballast 
water treatment technology as part of the treatment 
process used to comply with a ballast water perform-
ance standard under this section. 
‘‘(8) COMMERCIAL
VESSEL.—The term ‘com-
mercial 
vessel’ 
means 
every 
description 
of 
watercraft, or other artificial contrivance used or ca-
pable of being used as a means of transportation on 
water, that is engaged in commercial service (as de-
fined under section 2101 of title 46, United States 
Code). 
‘‘(9) CONSTRUCTED.—The term ‘constructed’ 
means a state of construction of a commercial vessel 
at which— 
‘‘(A) the keel is laid; 
‘‘(B) construction identifiable with the spe-
cific vessel begins; 
‘‘(C) assembly of the vessel has begun 
comprising at least 50 tons or 1 percent of the 
estimated mass of all structural material of the 
vessel, whichever is less; or 
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‘‘(D) the vessel undergoes a major conver-
sion. 
‘‘(10) DISCHARGE INCIDENTAL TO THE NOR-
MAL OPERATION OF A COMMERCIAL VESSEL.— 
‘‘(A) IN GENERAL.—The term ‘discharge 
incidental to the normal operation of a commer-
cial vessel’ means— 
‘‘(i) a discharge into navigable waters 
from a commercial vessel of— 
‘‘(I)(aa) 
graywater 
(except 
graywater 
referred 
to 
in 
section 
312(a)(6)), bilge water, cooling water, 
oil water separator effluent, anti-foul-
ing hull coating leachate, boiler or 
economizer 
blowdown, 
byproducts 
from cathodic protection, controllable 
pitch propeller and thruster hydraulic 
fluid, distillation and reverse osmosis 
brine, elevator pit effluent, firemain 
system effluent, freshwater layup ef-
fluent, gas turbine wash water, motor 
gasoline and compensating effluent, 
refrigeration and air condensate efflu-
ent, seawater pumping biofouling pre-
vention substances, boat engine wet 
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exhaust, sonar dome effluent, exhaust 
gas scrubber washwater, or stern tube 
packing gland effluent; or 
‘‘(bb) any other pollutant associ-
ated with the operation of a marine 
propulsion system, shipboard maneu-
vering system, habitability system, or 
installed major equipment, or from a 
protective, preservative, or absorptive 
application to the hull of a commercial 
vessel; 
‘‘(II) weather deck runoff, deck 
wash, aqueous film forming foam ef-
fluent, chain locker effluent, non-oily 
machinery 
wastewater, 
underwater 
ship husbandry effluent, welldeck ef-
fluent, or fish hold and fish hold 
cleaning effluent; or 
‘‘(III) any effluent from a prop-
erly functioning marine engine; or 
‘‘(ii) a discharge of a pollutant into 
navigable waters in connection with the 
testing, maintenance, and repair of a sys-
tem, equipment, or engine described in 
subclause (I)(bb) or (III) of clause (i) 
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whenever the commercial vessel is water-
borne. 
‘‘(B) EXCLUSION.—The term ‘discharge 
incidental to the normal operation of a commer-
cial vessel’ does not include— 
‘‘(i) a discharge into navigable waters 
from a commercial vessel of— 
‘‘(I) ballast water; 
‘‘(II) rubbish, trash, garbage, in-
cinerator ash, or other such material 
discharged overboard; 
‘‘(III) oil or a hazardous sub-
stance within the meaning of section 
311; or 
‘‘(IV) sewage within the meaning 
of section 312; or 
‘‘(ii) an emission of an air pollutant 
resulting from the operation onboard a 
commercial vessel of a vessel propulsion 
system, motor driven equipment, or incin-
erator. 
‘‘(11) GEOGRAPHICALLY LIMITED AREA.—The 
term ‘geographically limited area’ means an area— 
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‘‘(A) with a physical limitation, such as a 
navigation lock, that prevents a commercial ves-
sel from operating outside the area; or 
‘‘(B) that is ecologically homogeneous, as 
determined by the Secretary, in consultation 
with the Administrator. 
‘‘(12) MAJOR CONVERSION.—The term ‘major 
conversion’ means a conversion of a commercial ves-
sel that— 
‘‘(A) changes its ballast water capacity by 
at least 15 percent; or 
‘‘(B) is projected to prolong the life of the 
commercial vessel by at least 10 years, as deter-
mined by the Secretary. 
‘‘(13) MANUFACTURER.—The term ‘manufac-
turer’ means a person engaged in the manufac-
turing, assembling, or importation of a ballast water 
treatment technology. 
‘‘(14) NONINDIGENOUS
SPECIES.—The term 
‘nonindigenous species’ means a species or other via-
ble biological material that enters an ecosystem be-
yond its historic range. 
‘‘(15) OWNER OR OPERATOR.—The term ‘owner 
or operator’ means a person owning, operating, or 
chartering by demise a commercial vessel. 
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‘‘(16) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
‘‘(b) GENERAL PROVISIONS.— 
‘‘(1) BALLAST
WATER
DISCHARGE
REQUIRE-
MENTS FOR COMMERCIAL VESSELS.—An owner or 
operator may discharge ballast water from a com-
mercial vessel into navigable waters only if— 
‘‘(A) the discharge— 
‘‘(i) meets the ballast water perform-
ance standard; 
‘‘(ii) is made pursuant to the safety 
exemption established by subsection (c)(2); 
‘‘(iii) meets the requirements of an al-
ternative method of compliance established 
for the commercial vessel under subsection 
(f); 
‘‘(iv) is made pursuant to a deter-
mination that the commercial vessel meets 
the requirements relating to geographically 
limited areas under subsection (g); or 
‘‘(v) is made into an onshore or off-
shore facility that meets applicable stand-
ards, as described in subsection (h); and 
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‘‘(B) the owner or operator discharges the 
ballast water in accordance with a ballast water 
management plan approved under subsection 
(i). 
‘‘(2) APPLICABILITY.— 
‘‘(A) COVERED VESSELS.—Paragraph (1) 
shall apply to the owner or operator of a com-
mercial vessel that is designed, constructed, or 
adapted to carry ballast water if the commercial 
vessel is— 
‘‘(i) documented under the laws of the 
United States; or 
‘‘(ii) operating in navigable waters. 
‘‘(B) 
EXEMPTED
VESSELS.—Paragraph 
(1) shall not apply to the owner or operator 
of— 
‘‘(i) a commercial vessel that carries 
all of its ballast water in sealed tanks that 
are not subject to discharge; 
‘‘(ii) a commercial vessel that continu-
ously takes on and discharges ballast water 
in a flow-through system; 
‘‘(iii) any vessel in the National De-
fense Reserve Fleet that is scheduled to be 
disposed of through scrapping or sinking; 
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‘‘(iv) a commercial vessel that dis-
charges ballast water consisting solely of 
water— 
‘‘(I) taken aboard from a munic-
ipal or commercial source; and 
‘‘(II) that, at the time the water 
is taken aboard, meets the applicable 
regulations or permit requirements for 
such source under the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.) 
and section 402 of this Act; or 
‘‘(v) a commercial vessel that is 3 
years or fewer from the end of its useful 
life, as determined by the Secretary, on the 
date on which the regulations issued under 
paragraph (3) become effective for the ves-
sel pursuant to the implementation sched-
ule issued under paragraph (3)(B). 
‘‘(C) LIMITATION.—An exemption under 
subparagraph (B)(v) shall cease to be effective 
on the date that is 3 years after the date on 
which the regulations under paragraph (3) be-
come effective for the commercial vessel pursu-
ant to the implementation schedule issued 
under paragraph (3)(B). 
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‘‘(3) ISSUANCE OF REGULATIONS.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this section, 
the Secretary, in consultation with the Adminis-
trator, shall issue final regulations to imple-
ment the requirements of this section. 
‘‘(B) IMPLEMENTATION SCHEDULE.—Reg-
ulations issued under this paragraph shall in-
clude an implementation schedule by commer-
cial vessel class, type, or size. 
‘‘(C) PROPOSED RULE.—For the purposes 
of chapter 5 of title 5, United States Code, the 
proposed rulemaking published by the Coast 
Guard on August 28, 2009 (74 Fed. Reg. 
44632; relating to standards for living orga-
nisms in ships’ ballast water discharged in U.S. 
waters), shall serve as a proposed rule for the 
purposes of issuing regulations under this sec-
tion. 
‘‘(c) BALLAST WATER PERFORMANCE STANDARD 
FOR COMMERCIAL VESSELS.— 
‘‘(1) IN GENERAL.—To meet the ballast water 
performance standard, an owner or operator shall— 
‘‘(A) conduct ballast water treatment be-
fore discharging ballast water from the com-
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mercial vessel into navigable waters using a bal-
last water treatment technology certified for the 
vessel (or class, type, or size of vessel) under 
subsection (e); and 
‘‘(B) ensure that any ballast water so dis-
charged meets, at a minimum, the numerical 
ballast water performance standard set forth in 
the International Convention for the Control 
and Management of Ships’ Ballast Water and 
Sediments, as adopted on February 13, 2004, 
or a revised numerical ballast water perform-
ance standard established under subsection (d). 
‘‘(2) SAFETY
EXEMPTION.—Notwithstanding 
paragraph (1), an owner or operator may discharge 
ballast water without regard to a ballast water per-
formance standard if— 
‘‘(A) the discharge is done solely to ensure 
the safety of life at sea; 
‘‘(B) the discharge is accidental and the 
result of damage to the commercial vessel or its 
equipment and— 
‘‘(i) all reasonable precautions to pre-
vent or minimize the discharge have been 
taken; and 
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‘‘(ii) the owner or operator did not 
willfully or recklessly cause such damage; 
or 
‘‘(C) the discharge is solely for the purpose 
of avoiding or minimizing discharge from the 
vessel of pollution that would otherwise violate 
applicable Federal or State law. 
‘‘(d) REVIEW OF PERFORMANCE STANDARD.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2016, and every 10 years thereafter, the Adminis-
trator, in consultation with the Secretary, shall com-
plete a review to determine whether revising the bal-
last water performance standard would result in a 
scientifically demonstrable and substantial reduction 
in the risk of the introduction and establishment of 
aquatic nuisance species. 
‘‘(2) CONSIDERATIONS.—In conducting the re-
view, the Administrator shall consider— 
‘‘(A) improvements in the scientific under-
standing of biological and ecological processes 
that lead to the introduction and establishment 
of aquatic nuisance species; 
‘‘(B) improvements in ballast water treat-
ment technology, including— 
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‘‘(ii) maintaining the existing ballast 
water performance standard, including the 
potential impacts on water-related infra-
structure, recreation, the propagation of 
native fish, shellfish, and wildlife, and 
other uses of navigable waters. 
‘‘(3) REVISION OF PERFORMANCE STANDARD.— 
‘‘(A) RULEMAKING.—If, pursuant to a re-
view conducted under paragraph (1), the Ad-
ministrator, in consultation with the Secretary, 
determines that revising the ballast water per-
formance standard would result in a scientif-
ically demonstrable and substantial reduction in 
the risk of the introduction and establishment 
of aquatic nuisance species, the Administrator 
shall undertake a rulemaking to revise the per-
formance standard. 
‘‘(B) 
LIMITATION.—The 
Administrator 
may not issue a revised performance standard 
pursuant to this paragraph unless it is at least 
3 orders of magnitude more stringent than the 
performance standard in effect on the date that 
the review is completed. 
‘‘(4) STATE
PETITION
FOR
REVIEW
OF
PER-
FORMANCE STANDARDS.— 
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‘‘(A) IN
GENERAL.—The Governor of a 
State may submit a petition requesting that the 
Administrator review a ballast water perform-
ance standard if there is significant new infor-
mation that could reasonably indicate the per-
formance standard could be revised to result in 
a scientifically demonstrable and substantial re-
duction in the risk of the introduction and es-
tablishment of aquatic nuisance species. 
‘‘(B) TIMING.—A Governor may not sub-
mit a petition under subparagraph (A) during 
the 1-year period following the date of comple-
tion of a review under paragraph (1). 
‘‘(C) REQUIRED
INFORMATION.—A peti-
tion submitted to the Administrator under sub-
paragraph (A) shall include the scientific and 
technical information on which the petition is 
based. 
‘‘(D) REVIEW AND REPORTING.—Not later 
than 30 days after the date of receipt of a peti-
tion from a Governor under subparagraph (A), 
the Administrator shall make publicly available 
a copy of the petition, including the scientific 
and technical information provided by the Gov-
ernor under subparagraph (C). 
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‘‘(E) REVIEW AND REVISION OF PERFORM-
ANCE STANDARDS.— 
‘‘(i) IN GENERAL.—If, after receiving 
a petition submitted by a Governor under 
subparagraph (A) for review of a perform-
ance standard, the Administrator, in con-
sultation with the Secretary, determines 
that the petition warrants additional ac-
tion, the Administrator may— 
‘‘(I) in consultation with the Sec-
retary, initiate a review of the per-
formance standard under paragraph 
(1); and 
‘‘(II) with the concurrence of the 
Secretary, revise the performance 
standard through a rulemaking under 
paragraph (3)(A), subject to the limi-
tation in paragraph (3)(B). 
‘‘(ii) TREATMENT
OF
MORE
THAN 
ONE PETITION AS A SINGLE PETITION.— 
The Administrator may treat more than 
one petition as a single petition for review. 
‘‘(e) TREATMENT TECHNOLOGY CERTIFICATION.— 
‘‘(1) CERTIFICATION REQUIRED.— 
‘‘(A) CERTIFICATION PROCESS.— 
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‘‘(i) EVALUATION.—Upon application 
of the manufacturer, the Secretary shall 
evaluate a ballast water treatment tech-
nology with respect to— 
‘‘(I) whether the treatment tech-
nology reliably meets the ballast water 
performance standard when installed 
on a commercial vessel (or class, type, 
or size of commercial vessel); 
‘‘(II) the effect of the treatment 
technology on commercial vessel safe-
ty; and 
‘‘(III) any other criteria the Sec-
retary considers appropriate. 
‘‘(ii) CERTIFICATION.—If, after con-
ducting the evaluation required by clause 
(i), the Secretary determines the treatment 
technology meets the criteria established 
under such clause, the Secretary may cer-
tify the treatment technology for use on a 
commercial vessel (or a class, type, or size 
of commercial vessel). 
‘‘(iii) SUSPENSION AND REVOCATION 
OF CERTIFICATION.—The Secretary shall, 
by regulation, establish a process to sus-
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pend or revoke a certification issued under 
this subparagraph. 
‘‘(B) CERTIFICATES OF TYPE APPROVAL.— 
‘‘(i) ISSUANCE OF CERTIFICATES TO 
MANUFACTURER.—If the Secretary cer-
tifies a ballast water treatment technology 
under subparagraph (A), the Secretary 
shall issue to the manufacturer of the 
treatment technology, in such form and 
manner as the Secretary determines appro-
priate, a certificate of type approval for the 
treatment technology. 
‘‘(ii) CONDITIONS TO BE INCLUDED IN 
CERTIFICATES.—A certificate of type ap-
proval issued under clause (i) shall include 
any conditions that are imposed by the 
Secretary under paragraph (2). 
‘‘(iii) ISSUANCE OF COPIES OF CER-
TIFICATES TO OWNERS AND OPERATORS.— 
A manufacturer that receives a certificate 
of type approval under clause (i) for a bal-
last water treatment technology shall fur-
nish a copy of the certificate to any owner 
or operator of a commercial vessel on 
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which the treatment technology is in-
stalled. 
‘‘(iv) INSPECTIONS.—An owner or op-
erator who receives a copy of a certificate 
under clause (iii) for a ballast water treat-
ment technology installed on a commercial 
vessel shall retain a copy of the certificate 
onboard the commercial vessel and make 
the copy of the certificate available for in-
spection at all times that such owner or 
operator is utilizing the treatment tech-
nology. 
‘‘(C) TREATMENT
TECHNOLOGIES
THAT 
USE OR GENERATE BIOCIDES.—The Secretary 
shall not certify a ballast water treatment tech-
nology that— 
‘‘(i) uses a biocide or generates a 
biocide that is a ‘pesticide’, as defined in 
section 2 of the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 
136), unless the biocide is registered under 
such Act or the Administrator has ap-
proved the use of such biocide in such 
treatment technology; or 
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‘‘(ii) uses or generates a biocide the 
discharge of which causes a violation of a 
water quality standard under section 303 
of this Act. 
‘‘(D) PROHIBITION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided by clause (ii), an owner or operator 
may not use a ballast water treatment 
technology to comply with the require-
ments of this section unless the Secretary 
has certified the treatment technology 
under subparagraph (A). 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) COAST
GUARD
SHIPBOARD 
TECHNOLOGY
EVALUATION
PRO-
GRAM.—An owner or operator may 
use a ballast water treatment tech-
nology that has not been certified by 
the Secretary to comply with the re-
quirements of this section if the tech-
nology is being evaluated under the 
Coast Guard Shipboard Technology 
Evaluation Program. 
‘‘(II) BALLAST
WATER
TREAT-
MENT TECHNOLOGIES CERTIFIED BY 
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FOREIGN ENTITIES.—An owner or op-
erator may use a ballast water treat-
ment technology that has not been 
certified by the Secretary to comply 
with the requirements of this section 
if the technology has been certified by 
a foreign entity and the certification 
demonstrates performance and safety 
of the treatment technology equivalent 
to the requirements of this subsection, 
as determined by the Secretary. 
‘‘(2) CERTIFICATION CONDITIONS.— 
‘‘(A) IMPOSITION OF CONDITIONS.—In cer-
tifying a ballast water treatment technology 
under this subsection, the Secretary, in con-
sultation with the Administrator, may impose 
any condition on the subsequent installation, 
use, or maintenance of the treatment tech-
nology onboard a commercial vessel as is nec-
essary for— 
‘‘(i) the safety of the vessel, the crew 
of the vessel, and any passengers aboard 
the vessel; 
‘‘(ii) the protection of the environ-
ment; and 
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‘‘(iii) the effective operation of the 
treatment technology. 
‘‘(B) FAILURE TO COMPLY.—The failure of 
an owner or operator to comply with a condi-
tion imposed under subparagraph (A) is a viola-
tion of this section. 
‘‘(3) USE
OF
BALLAST
WATER
TREATMENT 
TECHNOLOGIES ONCE INSTALLED.—An owner or op-
erator who installs a ballast water treatment tech-
nology that the Secretary has certified under para-
graph (1) may use the treatment technology, not-
withstanding any revisions to a ballast water per-
formance standard occurring after the installation— 
‘‘(A) so long as the owner or operator— 
‘‘(i) maintains the treatment tech-
nology in proper working condition; and 
‘‘(ii) maintains and uses the treat-
ment technology in accordance with— 
‘‘(I) the manufacturer’s specifica-
tions; and 
‘‘(II) any conditions imposed by 
the Secretary under paragraph (2); 
and 
‘‘(B) for a period of time not to exceed the 
service life of the ballast water treatment tech-
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nology or the commercial vessel, as determined 
by the Secretary, whichever is less. 
‘‘(4) TESTING PROTOCOLS.—Not later than 180 
days after the date of enactment of this section, the 
Administrator, in consultation with the Secretary, 
shall issue guidelines specifying land-based and ship-
board testing protocols or criteria for— 
‘‘(A) certifying the performance of ballast 
water treatment technologies under this sub-
section; and 
‘‘(B) certifying laboratories to evaluate 
such treatment technologies. 
‘‘(5) PROHIBITION.—Following the date on 
which the requirements of subsection (b)(1) apply 
with respect to a commercial vessel pursuant to the 
implementation schedule issued under subsection 
(b)(3)(B), no manufacturer of a ballast water treat-
ment technology shall sell, offer for sale, or intro-
duce or deliver for introduction into interstate com-
merce, or import into the United States for sale or 
resale, a ballast water treatment technology for the 
commercial vessel unless the technology has been 
certified under this subsection. 
‘‘(f) ALTERNATIVE METHODS OF COMPLIANCE.— 
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‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of this section, the 
Secretary, in consultation with the Administrator, 
shall establish an alternative method of compliance 
with this section for— 
‘‘(A) a commercial vessel having a max-
imum ballast water capacity of less than 8 
cubic meters; and 
‘‘(B) a commercial vessel for which the 
Secretary determines that the ballast water 
treatment technology that is certified under this 
section— 
‘‘(i) is not commercially available in 
sufficient quantities to meet the compli-
ance deadline issued by the Secretary; 
‘‘(ii) is not able to be installed to meet 
the compliance deadline promulgated by 
the Secretary due to— 
‘‘(I) 
insufficient 
shipyard 
or 
other installation facility capacity; 
‘‘(II) insufficient availability of 
engineering and design resources; 
‘‘(III) vessel characteristics, such 
as engine room size, layout, or a lack 
of installed piping that makes the in-
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stallation of the ballast water treat-
ment technology impracticable; or 
‘‘(IV) insufficient generation ca-
pacity aboard the vessel to power the 
ballast water treatment technology; or 
‘‘(iii) would adversely affect the safe 
operation of the vessel. 
‘‘(2) FACTORS FOR CONSIDERATION.—In estab-
lishing an alternative method of compliance under 
paragraph (1), the Secretary shall consider— 
‘‘(A) the effectiveness of the alternative 
method in reducing the risk of the introduction 
and establishment of aquatic nuisance species 
relative to the performance standard; and 
‘‘(B) any other factor the Secretary con-
siders appropriate. 
‘‘(3) BEST
MANAGEMENT
PRACTICES.—The 
Secretary may establish as an alternative method of 
compliance appropriate ballast water best manage-
ment practices to minimize the introduction and es-
tablishment of aquatic nuisance species. 
‘‘(4) USE OF ALTERNATIVE METHOD.— 
‘‘(A) PETITION.—In order to use an alter-
native method of compliance established under 
paragraph (1)(B), an owner or operator shall 
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‘‘(D) investigate and abate violations of 
this section, including the imposition of civil 
and criminal penalties consistent with this sec-
tion; and 
‘‘(E) ensure that the Secretary and the 
Administrator receive notice of each violation of 
this section in an expeditious manner. 
‘‘(3) COMPLIANCE.—Any State program ap-
proved under paragraph (2) shall at all times be 
conducted in accordance with this subsection. 
‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever 
the Secretary, in consultation with the Adminis-
trator, determines, after providing notice and the op-
portunity for a public hearing, that a State is not 
administering a program in accordance with the 
terms of the program as approved under paragraph 
(2), the Secretary shall notify the State, and, if ap-
propriate corrective action is not taken within a pe-
riod of time not to exceed 90 days, the Secretary, 
with the concurrence of the Administrator, shall 
withdraw approval of the program. The Secretary 
shall not withdraw approval of a program unless the 
Secretary has first notified the State and made pub-
lic, in writing, the reasons for the withdrawal. 
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