(i) all reasonable precautions to pre-
vent or minimize the discharge have been 
taken; and 
(ii) the owner or operator did not will-
fully or recklessly cause such damage; or 
(C) the ballast water is discharged solely 
for the purpose of avoiding or minimizing a dis-
charge from the commercial vessel of a pollut-
ant that would violate an applicable Federal or 
State law. 
(4) LIMITATION ON REQUIREMENTS.—In estab-
lishing requirements under this subsection, the Sec-
retary may not require the installation of a ballast 
water management system on a commercial vessel 
that— 
(A) carries all of its ballast water in sealed 
tanks that are not subject to discharge; or 
(B) discharges ballast water solely into a 
reception facility described in section 7. 
(b) APPLICABILITY.— 
(1) COVERED VESSELS.—Except as provided in 
paragraph (2), subsection (a) shall apply to any 
commercial vessel that is designed, constructed, or 
adapted to carry ballast water while such commer-
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cial vessel is operating in navigable waters of the 
United States. 
(2) EXEMPTED VESSELS.—Subsection (a) shall 
not apply to a commercial vessel— 
(A) that continuously takes on and dis-
charges ballast water in a flow-through system, 
if such system does not introduce aquatic nui-
sance species into navigable waters of the 
United States, as determined by the Secretary; 
(B) that operates exclusively within a geo-
graphically limited area; 
(C) that operates pursuant to a geographic 
restriction issued as a condition under section 
3309 of title 46, United States Code, or an 
equivalent restriction issued by the country of 
registration of the commercial vessel; 
(D) in the National Defense Reserve Fleet 
that is scheduled to be disposed of through 
scrapping or sinking; 
(E) that discharges ballast water con-
sisting solely of water taken aboard from a pub-
lic or commercial source that, at the time the 
water is taken aboard, meets the applicable reg-
ulations or permit requirements for such source 
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under the Safe Drinking Water Act (42 U.S.C. 
300f et seq.); or 
(F) in an alternative compliance program 
established pursuant to section 6. 
(c) TYPE APPROVAL OF BALLAST WATER MANAGE-
MENT SYSTEMS THAT RENDER BALLAST WATER ORGA-
NISMS INCAPABLE OF REPRODUCTION.— 
(1) IN GENERAL.—Notwithstanding chapter 5 
of title 5, United States Code, part 151 of title 33, 
Code of Federal Regulations, and part 162 of title 
46, Code of Federal Regulations, a ballast water 
management system that renders organisms in bal-
last water incapable of reproduction at the con-
centrations prescribed in the ballast water discharge 
standard shall be type approved by the Secretary, 
if— 
(A) such system— 
(i) undergoes type approval testing at 
an independent laboratory designated by 
the Secretary under such regulations; and 
(ii) meets the requirements of subpart 
162.060 of title 46, Code of Federal Regu-
lations, other than the requirements re-
lated to staining methods or measuring the 
concentration of living organisms; and 
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(B) such laboratory uses a type approval 
testing method described in a final policy letter 
published under paragraph (2). 
(2) TYPE APPROVAL TESTING METHODS.— 
(A) DRAFT
POLICY.—Not later than 60 
days after the date of enactment of this Act, 
the Secretary shall publish a draft policy letter 
describing type approval testing methods capa-
ble of measuring the concentration of organisms 
in ballast water that are capable of reproduc-
tion. 
(B) PUBLIC
COMMENT.—The Secretary 
shall provide for a period of not more than 60 
days for the public to comment on the draft 
policy letter published under paragraph (1). 
(C) FINAL POLICY.—Not later than 150 
days after the date of enactment of this Act, 
the Secretary shall publish a final policy letter 
describing type approval testing methods capa-
ble of measuring the concentration of organisms 
in ballast water that are capable of reproduc-
tion. 
(D) REVISIONS.—The Secretary shall re-
vise such policy letter as additional testing 
methods are determined by the Secretary to be 
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capable of measuring the concentration of orga-
nisms in ballast water that are capable of re-
production. 
(E) CONSIDERATIONS.—In developing a 
policy letter under this paragraph, the Sec-
retary— 
(i) shall consider a type approval test-
ing method that uses organism grow out 
and most probable number statistical anal-
ysis to determine the concentration of or-
ganisms in ballast water that are capable 
of reproduction; and 
(ii) shall not consider a type approval 
testing method that relies on a staining 
method that measures the concentration of 
organisms greater than or equal to 10 mi-
crometers and organisms less than or 
equal to 50 micrometers. 
SEC. 5. REVIEW OF BALLAST WATER DISCHARGE STAND-
ARD. 
(a) EFFECTIVENESS REVIEW.— 
(1) IN GENERAL.—The Secretary shall conduct 
reviews in accordance with this section to determine 
whether revising the ballast water discharge stand-
ard would result in a reduction in the risk of the in-
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troduction or establishment of aquatic nuisance spe-
cies. 
(2) REQUIRED REVIEWS.—Not later than Janu-
ary 1, 2022, and every 10 years thereafter, the Sec-
retary, in consultation with the Administrator, shall 
complete a review under paragraph (1). 
(3) STATE PETITIONS FOR REVIEW.— 
(A) IN
GENERAL.—The Governor of a 
State may submit a petition requesting that the 
Secretary conduct a review under paragraph (1) 
if there is significant new information that 
could reasonably indicate the ballast water dis-
charge standard could be revised to result in a 
reduction in the risk of the introduction or es-
tablishment of aquatic nuisance species. 
(B) TIMING.—A Governor may not submit 
a petition under subparagraph (A) during the 
1-year period following the date of completion 
of a review under paragraph (1). 
(C) REQUIRED INFORMATION.—A petition 
submitted to the Secretary under subparagraph 
(A) shall include— 
(i) a proposed ballast water discharge 
standard that would result in a reduction 
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in the risk of the introduction or establish-
ment of aquatic nuisance species; 
(ii) information regarding any ballast 
water management systems that may 
achieve the proposed ballast water dis-
charge standard; 
(iii) the scientific and technical infor-
mation on which the petition is based, in-
cluding a description of the risk reduction 
that would result from the proposed ballast 
water discharge standard included under 
clause (i); and 
(iv) any additional information the 
Secretary considers appropriate. 
(D) PUBLIC AVAILABILITY.—Upon receipt 
of a petition under subparagraph (A), the Sec-
retary shall make publicly available a copy of 
the petition, including the information included 
under subparagraph (C). 
(E) TREATMENT OF MORE THAN ONE PE-
TITION AS A SINGLE PETITION.—The Secretary 
may treat more than one petition submitted 
under subparagraph (A) as a single such peti-
tion. 
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(F) AUTHORITY TO REVIEW.—After receiv-
ing a petition that meets the requirements of 
this paragraph, the Secretary, in consultation 
with the Administrator, may conduct a review 
under paragraph (1). 
(b) PRACTICABILITY REVIEW.— 
(1) IN GENERAL.—If the Secretary determines 
under subsection (a) that revision of the ballast 
water discharge standard would result in a reduction 
in the risk of the introduction or establishment of 
aquatic nuisance species, the Secretary, in consulta-
tion with the Administrator, shall conduct a prac-
ticability review to determine whether— 
(A) a ballast water management system 
that is capable of achieving the ballast water 
discharge standard as proposed to be revised is 
economically achievable and operationally prac-
ticable; and 
(B) testing protocols that can assure accu-
rate measurement of compliance with the bal-
last water discharge standard as proposed to be 
revised can be practicably implemented. 
(2) CRITERIA FOR PRACTICABILITY REVIEW.— 
In conducting a practicability review under para-
graph (1), the Secretary shall consider— 
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(A) improvements in the scientific under-
standing of biological and ecological processes 
that lead to the introduction or establishment of 
aquatic nuisance species; 
(B) improvements in ballast water manage-
ment systems, including— 
(i) the capability of such systems to 
achieve the ballast water discharge stand-
ard as proposed to be revised; 
(ii) the effectiveness and reliability of 
such systems in the shipboard environ-
ment; 
(iii) the compatibility of such systems 
with the design and operation of a com-
mercial vessel by class, type, and size; 
(iv) the commercial availability of 
such systems; and 
(v) the safety of such systems; 
(C) improvements in the capabilities to de-
tect, quantify, and assess whether aquatic nui-
sance species are capable of reproduction under 
the ballast water discharge standard as pro-
posed to be revised; 
(D) the impact of ballast water manage-
ment systems on water quality; 
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(E) the costs, cost-effectiveness, and ef-
fects of— 
(i) a revised ballast water discharge 
standard; and 
(ii) maintaining the existing ballast 
water discharge standard; and 
(F) other criteria that the Secretary con-
siders appropriate. 
(3) INFORMATION
FROM
STATES.—In con-
ducting a practicability review under paragraph (1), 
the Secretary shall solicit information from the 
States concerning matters the Secretary is required 
to consider under paragraph (2). 
(c) REVISED BALLAST WATER DISCHARGE STAND-
ARD.—The Secretary shall issue a rule to revise the ballast 
water discharge standard if the Secretary, in consultation 
with the Administrator, determines on the basis of the 
practicability review under subsection (b) that— 
(1) a ballast water management system that is 
capable of achieving the ballast water discharge 
standard as proposed to be revised is economically 
achievable and operationally practicable; and 
(2) testing protocols that can assure accurate 
measurement of compliance with the ballast water 
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discharge standard as proposed to be revised can be 
practicably implemented. 
(d) REVISED BALLAST WATER DISCHARGE STAND-
ARD EFFECTIVE DATE AND COMPLIANCE DEADLINE.— 
(1) IN
GENERAL.—If the Secretary issues a 
rule to revise the ballast water discharge standard 
under subsection (c), the Secretary shall include in 
such rule— 
(A) an effective date for the revised ballast 
discharge standard that is three years after the 
date on which such rule is published in the Fed-
eral Register; and 
(B) for the owner or operator of a com-
mercial vessel that is constructed or completes 
a major conversion on or after the date that is 
three years after the date on which the rule is 
published in the Federal Register, a deadline to 
comply with the revised ballast water discharge 
standard that is the first day on which such 
commercial vessel operates in navigable waters 
of the United States. 
(2) EXTENSIONS.—The Secretary shall estab-
lish a process for an owner or operator to submit a 
petition to the Secretary for an extension of a com-
pliance deadline under paragraph (1)(B). 
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(3) FACTORS.—In reviewing a petition under 
this subsection, the Secretary shall consider, with re-
spect to the ability of an owner or operator to meet 
a compliance deadline, the following factors: 
(A) Whether the ballast water management 
system to be installed, if applicable, is available 
in sufficient quantities to meet the compliance 
deadline. 
(B) Whether there is sufficient shipyard or 
other installation facility capacity. 
(C) Whether there is sufficient availability 
of engineering and design resources. 
(D) Commercial vessel characteristics, such 
as engine room size, layout, or a lack of in-
stalled piping. 
(E) Electric power generating capacity 
aboard the commercial vessel. 
(F) Safety of the commercial vessel and 
crew. 
(G) Any other factor that the Secretary de-
termines appropriate. 
(4) CONSIDERATION OF PETITIONS.— 
(A) 
DETERMINATIONS.—The 
Secretary 
shall approve or deny a petition for an exten-
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sion of a compliance deadline submitted by an 
owner or operator under this subsection. 
(B) DEADLINE.—If the Secretary does not 
approve or deny a petition referred to in sub-
paragraph (A) on or before the last day of the 
90-day period beginning on the date of submis-
sion of the petition, the petition shall be deemed 
approved. 
(5) PERIOD OF USE OF INSTALLED BALLAST 
WATER MANAGEMENT SYSTEM.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), an owner or operator shall be con-
sidered to be in compliance with the ballast 
water discharge standard if the ballast water 
management system installed on the commercial 
vessel complies with the ballast water discharge 
standard in effect at the time of installation, 
notwithstanding any revisions to the ballast 
water discharge standard occurring after the in-
stallation, so long as— 
(i) the owner or operator maintains 
the ballast water management system in 
proper working condition, as determined by 
the Secretary; and 
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(ii) the ballast water management sys-
tem continues to meet the ballast water 
discharge standard applicable to the com-
mercial vessel at the time of installation, 
as determined by the Secretary. 
(B) LIMITATION.—Subparagraph (A) shall 
cease to apply with respect to a commercial ves-
sel after the first to occur of the following: 
(i) The expiration of the service life of 
the ballast water management system of 
the commercial vessel, as determined by 
the Secretary. 
(ii) The expiration of the service life 
of the commercial vessel, as determined by 
the Secretary. 
(iii) The completion of a major con-
version of the commercial vessel. 
SEC. 6. ALTERNATIVE COMPLIANCE PROGRAM. 
The Secretary, in consultation with the Adminis-
trator, may issue a rule establishing one or more compli-
ance programs as that may be used by an owner or oper-
ator as an alternative to compliance with the requirements 
of section 4(a) for a commercial vessel that— 
(1) has a maximum ballast water capacity of 
less than 8 cubic meters; or 
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(2) is less than 3 years from the end of the 
service life of the commercial vessel, as determined 
by the Secretary. 
SEC. 7. RECEPTION FACILITIES. 
(a) IN
GENERAL.—Notwithstanding the require-
ments of section 4(a), an owner or operator may discharge 
ballast water into an onshore or offshore facility for the 
reception of ballast water that meets the standards estab-
lished by the Administrator, in consultation with the Sec-
retary, under subsection (b). 
(b) ISSUANCE OF STANDARDS.—Not later than 1 
year after the date of enactment of this Act, the Adminis-
trator, in consultation with the Secretary, shall publish in 
the Federal Register a rule establishing reasonable and 
practicable standards for reception facilities to mitigate 
adverse effects of aquatic nuisance species on navigable 
waters of the United States. 
SEC. 8. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO 
THE NORMAL OPERATION OF A COMMERCIAL 
VESSEL. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the Administrator, shall publish in the Federal 
Register a rule establishing best management practices for 
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discharges incidental to the normal operation of a com-
mercial vessel for commercial vessels that are— 
(1) greater than or equal to 79 feet in length; 
and 
(2) not fishing vessels, including fish processing 
vessels and fish tender vessels (as such terms are de-
fined in section 2101 of title 46, United States 
Code). 
(b) TRANSITION.— 
(1) IN GENERAL.—Notwithstanding the expira-
tion date for the General Permit, any practice, limi-
tation, or concentration applicable to any discharge 
incidental to the normal operation of a commercial 
vessel that is required by the General Permit on the 
date of enactment of this Act, and any reporting re-
quirement required by the General Permit on such 
date of enactment, shall remain in effect until the 
effective date of a rule issued by the Secretary under 
subsection (a). 
(2) PART
CONDITIONS.—Notwithstanding 
paragraph (1) and any other provision of law, the 
terms and conditions of Part 6 of the General Per-
mit (relating to specific requirements for individual 
States or Indian country lands) shall expire on the 
date of enactment of this Act. 
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(c) APPLICATION TO CERTAIN VESSELS.— 
(1) APPLICATION OF FEDERAL WATER POLLU-
TION CONTROL ACT.—No permit shall be required 
under section 402 of the Federal Water Pollution 
Control Act (33 U.S.C. 1342) or prohibition en-
forced under any other provision of law for, nor shall 
any best management practice regarding a discharge 
incidental to the normal operation of a commercial 
vessel under this Act apply to, a discharge incidental 
to the normal operation of a commercial vessel if the 
commercial vessel is— 
(A) less than 79 feet in length; or 
(B) a fishing vessel, including a fish proc-
essing vessel and a fish tender vessel (as such 
terms are defined in section 2101 of title 46, 
United States Code). 
(2) APPLICATION OF GENERAL PERMIT.—The 
terms and conditions of the General Permit shall 
cease to apply to vessels described in subparagraphs 
(A) and (B) of paragraph (1) on the date of enact-
ment of this Act. 
(d) STATE PETITION FOR REVISION OF BEST MAN-
AGEMENT PRACTICES.— 
(1) IN
GENERAL.—The Governor of a State 
may submit a petition requesting that the Secretary 
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revise a best management practice established under 
subsection (a) if there is significant new information 
that could reasonably indicate that— 
(A) revising the best management practice 
would substantially reduce the adverse effects 
on navigable waters of the United States of dis-
charges incidental to the normal operation of a 
commercial vessel; and 
(B) the revised best management practice 
would be economically achievable and operation-
ally practicable. 
(2) REQUIRED INFORMATION.—A petition sub-
mitted to the Secretary under paragraph (1) shall 
include— 
(A) the scientific and technical information 
on which the petition is based; and 
(B) any additional information the Sec-
retary considers appropriate. 
(3) PUBLIC AVAILABILITY.—Upon receipt of a 
petition under paragraph (1), the Secretary shall 
make publicly available a copy of the petition, in-
cluding the information included under paragraph 
(2). 
(4) TREATMENT OF MORE THAN ONE PETITION 
AS A SINGLE PETITION.—The Secretary may treat 
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more than one petition submitted under paragraph 
(1) as a single such petition. 
(5) REVISION
OF
BEST
MANAGEMENT
PRAC-
TICES.—If, after reviewing a petition submitted by a 
Governor under paragraph (1), the Secretary, in 
consultation with the Administrator, determines that 
revising a best management practice would substan-
tially reduce the adverse effects on navigable waters 
of the United States of discharges incidental to the 
normal operation of a commercial vessel, and the re-
vised best management practice would be economi-
cally achievable and operationally practicable, the 
Secretary may, in consultation with the Adminis-
trator, issue a rule to revise the best management 
practice established under subsection (a). 
SEC. 9. JUDICIAL REVIEW. 
(a) IN GENERAL.—A person may file a petition for 
review of a final rule issued under this Act in the United 
States Court of Appeals for the District of Columbia Cir-
cuit. 
(b) DEADLINE.— 
(1) IN GENERAL.—A petition under this section 
shall be filed not later than 120 days after the date 
on which the rule is published in the Federal Reg-
ister. 
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(2) EXCEPTION.—Notwithstanding paragraph 
(1), a petition that is based solely on grounds that 
arise after the deadline to file a petition under para-
graph (1) has passed may be filed not later than 
120 days after the date on which such grounds first 
arise. 
SEC. 10. STATE ENFORCEMENT. 
The Secretary may enter into an agreement with the 
Governor of a State to allow the State to enforce the provi-
sions of this Act, as the Secretary considers appropriate. 
SEC. 11. EFFECT ON STATE AUTHORITY. 
(a) IN GENERAL.—Except as provided in subsection 
(b) and as necessary to implement an agreement entered 
into under section 10, no State or political subdivision 
thereof may adopt or enforce any statute, regulation, or 
other requirement of the State or political subdivision with 
respect to— 
(1) a discharge into navigable waters of the 
United States from a commercial vessel of ballast 
water; or 
(2) a discharge incidental to the normal oper-
ation of a commercial vessel. 
(b) PRESERVATION OF AUTHORITY.—Nothing in this 
Act affects the authority of a State or political subdivision 
thereof to adopt or enforce any statute, regulation, or 
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other requirement with respect to any water or other sub-
stance discharged or emitted from a vessel in preparation 
for transport of the vessel by land from one body of water 
to another. 
SEC. 12. EFFECT ON OTHER LAWS. 
(a) APPLICATION OF FEDERAL WATER POLLUTION 
CONTROL ACT.— 
(1) IN GENERAL.—Except as provided in sec-
tion 8(b), on or after the date of enactment of this 
Act, the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.) shall not apply to a discharge 
into navigable waters of the United States of ballast 
water from a commercial vessel or a discharge inci-
dental to the normal operation of a commercial ves-
sel. 
(2) OIL AND HAZARDOUS SUBSTANCE LIABIL-
ITY; MARINE SANITATION DEVICES.—Nothing in this 
Act shall affect the application to a commercial ves-
sel of— 
(A) section 311 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1321); or 
(B) section 312 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1322). 
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(b) ESTABLISHED REGIMES.—Notwithstanding any 
other provision of this Act, nothing in this Act shall affect 
the authority of the Federal Government under— 
(1) the Act to Prevent Pollution from Ships (33 
U.S.C. 1901 et seq.) with respect to the regulation 
by the Federal Government of any discharge or 
emission that, on or after the date of enactment of 
this Act, is covered under the International Conven-
tion for the Prevention of Pollution from Ships, 
1973, as modified by the Protocol of 1978; and 
(2) title X of the Coast Guard Authorization 
Act of 2010 (33 U.S.C. 3801 et seq.) with respect 
to the regulation by the Federal Government of any 
anti-fouling system that, on or after the date of en-
actment of this Act, is covered under the Inter-
national Convention on the Control of Harmful Anti- 
Fouling Systems on Ships, 2001. 
(c) INTERNATIONAL LAW.— 
(1) IN GENERAL.—Any action taken under this 
Act shall be taken in accordance with international 
law. 
(2) STANDARDS.—This Act shall not be con-
strued to impose any design, equipment, or oper-
ation standard on a commercial vessel not docu-
mented under the laws of the United States and en-
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gaged in innocent passage unless the standard im-
plements a generally accepted international rule, as 
determined by the Secretary. 
(d) OTHER AUTHORITIES.—Nothing in this Act shall 
affect the authority of the Secretary of Commerce or the 
Secretary of the Interior, as the case may be, to admin-
ister those lands or waters under such Secretary’s admin-
istrative control. 
(e) CONFORMING AMENDMENT.—Section 1205 of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4725) is amended by adding at 
the end the following: ‘‘Ballast water and discharges inci-
dental to the normal operation of a commercial vessel, as 
those terms are defined in the Commercial Vessel Inci-
dental Discharge Act, shall be regulated pursuant to such 
Act.’’. 
Æ 
VerDate Sep 11 2014 
23:26 Feb 24, 2017
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E:\BILLS\H1154.IH
H1154
sradovich on DSK3GMQ082PROD with BILLS