‘‘(A) adequate facilities for the safe and 
sanitary removal of the relevant discharges are 
reasonably available for the waters to which the 
prohibition would apply; and 
‘‘(B) such prohibition does not create an 
undue burden on commerce. 
‘‘(3) The Governor of any State may submit a 
petition requesting that the Commandant review the 
regulations promulgated under subsection (a) if 
there is significant new information, not available 
previously, that could reasonably result in a change 
to the regulation. The petition shall be accompanied 
by the scientific and technical information on which 
the petition is based. 
‘‘(d) CERTAIN DISCHARGES UNAFFECTED.—Nothing 
in this section shall be interpreted to apply to— 
‘‘(1) a vessel of the Armed Forces; 
‘‘(2) a discharge of vessel sewage; or 
‘‘(3) any discharge not subject to the permit ex-
clusion contained in section 122.3(a) of title 40, 
Code of Federal Regulations, as in effect on the date 
of enactment of the Vessel Discharge Evaluation 
and Review Act. 
‘‘(e) EXCLUSIONS.—No permit shall be required 
under any other provision of law for, nor shall any uniform 
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national discharge standard promulgated under subsection 
(a) or prohibitions established under subsection (c)(2) 
apply to— 
‘‘(1) a discharge incidental to the normal oper-
ation of a vessel that is— 
‘‘(A) less than 79 feet in length and en-
gaged in commercial service (as defined in sec-
tion 2101 of title 46, United States Code); 
‘‘(B) a fishing vessel (as defined in section 
2101 of title 46, United States Code) less than 
125 feet in length; 
‘‘(C) a fish tender vessel (as defined in sec-
tion 2101 of title 46, United States Code) less 
than 125 feet in length; or 
‘‘(D) a recreational vessel (as defined in 
section 2101 of title 46, United States Code); 
or 
‘‘(2) a discharge of ballast water, of sediment, 
or from other vessel-related vectors subject to sec-
tion 1101; 
‘‘(3) the placement, release, or discharge of 
equipment, devices, or other material from a vessel 
for the sole purpose of conducting research on the 
aquatic environment or its natural resources in ac-
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cordance with generally recognized scientific meth-
ods, principles, or techniques; 
‘‘(4) any discharge from a vessel authorized by 
an On-Scene Coordinator in accordance with part 
300 of title 40, Code of Federal Regulations, or sec-
tion 153.10(e) of title 33, Code of Federal Regula-
tions; 
‘‘(5) discharges from a vessel that are necessary 
to secure the safety of the vessel or human life or 
to suppress fires onboard or at shoreside facilities; 
or 
‘‘(6) a vessel of the armed forces of a foreign 
nation. 
‘‘(f) INCIDENTAL DISCHARGE DEFINED.—In this 
section, the term ‘discharge incidental to the normal oper-
ation of a vessel’— 
‘‘(1) means a discharge, including— 
‘‘(A) graywater, bilge water, cooling water, 
weather deck runoff, oil water separator efflu-
ent, and any other pollutant discharge from the 
operation of a marine propulsion system, ship-
board maneuvering system, crew habitability 
system, or installed major equipment, such as 
an aircraft carrier elevator or a catapult, or 
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from a protective, preservative, or absorptive 
application to the hull of the vessel; and 
‘‘(B) a discharge in connection with the 
testing, maintenance, and repair of a system 
described in subparagraph (A) whenever the 
vessel is waterborne; and 
‘‘(2) does not include— 
‘‘(A) a discharge of rubbish, trash, gar-
bage, or other such material discharged over-
board; 
‘‘(B) an air emission resulting from the op-
eration of a vessel propulsion system, motor 
driven equipment, or incinerator; or 
‘‘(C) a discharge that is not covered by 
part 122.3 of title 40, Code of Federal Regula-
tions (as in effect on the date of enactment of 
the Vessel Discharge Evaluation and Review 
Act). 
‘‘(g) APPLICATION WITH OTHER STATUTES.—Not-
withstanding any other provision of law, this section shall 
be the exclusive statutory authority for regulation by the 
Federal Government of vessel discharges to which this sec-
tion applies.’’. 
Æ 
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