IB 
Union Calendar No. 178 
112TH CONGRESS 
1ST SESSION H. R. 2840 
[Report No. 112–266] 
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 
NOVEMBER 3, 2011 
Additional sponsors: Mr. LANDRY, Mr. LATOURETTE, Mr. COOPER, Ms. 
HERRERA BEUTLER, and Mr. CRAVAACK 
NOVEMBER 3, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on September 2, 2011] 
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A BILL 
To amend the Federal Water Pollution Control Act to regu-
late discharges from commercial vessels, and for other 
purposes. 
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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 Dis-
charges Reform Act of 2011’’. 
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 defi-
nitions 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— 
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‘‘(i) to control trim, list, draught, sta-
bility, or stresses of the vessel; or 
‘‘(ii) during the cleaning, maintenance, 
or other operation of a ballast water treat-
ment system of the vessel. 
‘‘(B) EXCLUSION.—The term ‘ballast water’ 
does not include any pollutant that is 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
PERFORMANCE
STAND-
ARD.—The term ‘ballast water performance standard’ 
or ‘performance standard’ means a numerical ballast 
water performance standard specified under sub-
section (c) or established under subsection (d). 
‘‘(4) BALLAST WATER TREATMENT SYSTEM.—The 
term ‘ballast water treatment system’ means any 
equipment on board a commercial vessel (including 
all compartments, piping, spaces, tanks, and multi- 
use compartments, piping, spaces, and tanks) that 
is— 
‘‘(A) designed for loading, carrying, treat-
ing, or discharging ballast water; and 
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‘‘(B) installed and operated to meet a bal-
last water performance standard. 
‘‘(5) 
BALLAST
WATER
TREATMENT
TECH-
NOLOGY.—The term ‘ballast water treatment tech-
nology’ or ‘treatment technology’ means any mechan-
ical, physical, chemical, or biological process used, ei-
ther singularly or in combination, to remove, render 
harmless, or avoid the uptake or discharge of aquatic 
nuisance species within ballast water. 
‘‘(6) BIOCIDE.—The term ‘biocide’ means a sub-
stance or organism, including a virus or fungus, that 
is introduced into, or produced by, a ballast water 
treatment technology as part of the process used to 
comply with a ballast water performance standard 
under this section. 
‘‘(7) COMMERCIAL VESSEL.—The term ‘commer-
cial vessel’ means every description of watercraft, or 
other artificial contrivance used or capable of being 
used as a means of transportation on water, that is 
engaged in commercial service (as defined under sec-
tion 2101 of title 46, United States Code). 
‘‘(8) CONSTRUCTED.—The term ‘constructed’ 
means a state of construction of a commercial vessel 
at which— 
‘‘(A) the keel is laid; 
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‘‘(B) construction identifiable with the spe-
cific vessel begins; 
‘‘(C) assembly of the vessel has begun com-
prising at least 50 tons or 1 percent of the esti-
mated mass of all structural material of the ves-
sel, whichever is less; or 
‘‘(D) the vessel commences a major conver-
sion. 
‘‘(9) DISCHARGE INCIDENTAL TO THE NORMAL 
OPERATION OF A COMMERCIAL VESSEL.— 
‘‘(A) IN GENERAL.—The term ‘discharge in-
cidental to the normal operation of a commercial 
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 
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effluent, freshwater layup effluent, gas 
turbine wash water, motor gasoline 
and compensating effluent, refrigera-
tion and air condensate effluent, sea-
water 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 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 efflu-
ent, chain locker effluent, non-oily ma-
chinery wastewater, underwater ship 
husbandry effluent, welldeck effluent, or 
fish hold and fish hold cleaning efflu-
ent; or 
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‘‘(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 sub-
clause (I)(bb) or (III) of clause (i) whenever 
the commercial vessel is waterborne. 
‘‘(B) EXCLUSION.—The term ‘discharge in-
cidental to the normal operation of a commercial 
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 com-
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mercial vessel of a vessel propulsion system, 
motor driven equipment, or incinerator. 
‘‘(10) EXISTING
COMMERCIAL
VESSEL.—The 
term ‘existing commercial vessel’ means a commercial 
vessel constructed prior to January 1, 2012. 
‘‘(11) GEOGRAPHICALLY
LIMITED
AREA.—The 
term ‘geographically limited area’ means an area— 
‘‘(A) with a physical limitation that pre-
vents a commercial vessel from operating outside 
the area, as determined by the Secretary; or 
‘‘(B) that is ecologically homogeneous, as 
determined by the Administrator, in consultation 
with the Secretary. 
‘‘(12) MAJOR
CONVERSION.—The term ‘major 
conversion’ means a conversion of a commercial vessel 
that— 
‘‘(A) changes its ballast water capacity by 
15 percent or more; or 
‘‘(B) prolongs the life of the commercial ves-
sel by 10 years or more, as determined by the 
Secretary. 
‘‘(13) MANUFACTURER.—The term ‘manufac-
turer’ means a person engaged in the manufacturing, 
assembling, or importation of a ballast water treat-
ment technology. 
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‘‘(14) NAVIGABLE WATERS.—The term ‘navigable 
waters’ includes the exclusive economic zone, as de-
fined in section 107 of title 46, United States Code. 
‘‘(15) 
NONINDIGENOUS
SPECIES.—The 
term 
‘nonindigenous species’ means a species or other via-
ble biological material that enters an ecosystem be-
yond its historic range. 
‘‘(16) OWNER OR OPERATOR.—The term ‘owner 
or operator’ means a person owning, operating, or 
chartering by demise a commercial vessel. 
‘‘(17) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the department in which the Coast 
Guard is operating. 
‘‘(18) VESSEL
GENERAL
PERMIT.—The term 
‘Vessel General Permit’ means the Vessel General Per-
mit for Discharges Incidental to the Normal Oper-
ation of Vessels issued by the Administrator under 
section 402 for ballast water and other discharges in-
cidental 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 Alas-
ka and Hawaii. 
‘‘(b) GENERAL PROVISIONS.— 
‘‘(1) BALLAST
WATER
DISCHARGE
REQUIRE-
MENTS FOR COMMERCIAL VESSELS.—An owner or op-
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erator may discharge ballast water from a commer-
cial vessel into navigable waters only if— 
‘‘(A) the discharge— 
‘‘(i) meets the ballast water perform-
ance standard; 
‘‘(ii) is made pursuant to the safety ex-
emption established by subsection (c)(2); 
‘‘(iii) meets the requirements of an al-
ternative method of compliance established 
for the commercial vessel under subsection 
(f); or 
‘‘(iv) is made pursuant to a deter-
mination that the commercial vessel meets 
the requirements relating to geographically 
limited areas under subsection (g); and 
‘‘(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— 
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‘‘(i) documented under the laws of the 
United States; or 
‘‘(ii) operating in navigable waters on 
a voyage to or from a point in the United 
States. 
‘‘(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; 
‘‘(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 reg-
ulations or permit requirements for 
such source under the Safe Drinking 
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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 para-
graph (3) become effective for the vessel pur-
suant to the implementation schedule 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) become ef-
fective for the commercial vessel pursuant to the 
implementation schedule issued under paragraph 
(3)(B). 
‘‘(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 implement 
the requirements of this section. 
‘‘(B) PROPOSED RULE.—For the purposes of 
chapter 5 of title 5, United States Code, the pro-
posed rulemaking published by the Coast Guard 
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on August 28, 2009 (74 Fed. Reg. 44632; relat-
ing to standards for living organisms in ships’ 
ballast water discharged in U.S. waters), shall 
serve as a proposed rule for the purposes of 
issuing regulations under this section. 
‘‘(4) COMPLIANCE SCHEDULES.— 
‘‘(A) INITIAL
PERFORMANCE
STANDARD 
COMPLIANCE DEADLINES.— 
‘‘(i) IN GENERAL.—An owner or oper-
ator shall comply with the performance 
standard established under subsection (c) on 
or before the deadline that applies to the 
commercial vessel of the owner or operator, 
as specified in clause (ii). 
‘‘(ii) DEADLINES.—The deadlines for 
compliance with the performance standard 
established under subsection (c) are as fol-
lows: 
‘‘(I) For a commercial vessel con-
structed on or after January 1, 2012, 
the date of delivery of the vessel. 
‘‘(II) For an existing commercial 
vessel with a ballast water capacity of 
less than 1,500 cubic meters, the date 
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of the first drydocking of the vessel 
after January 1, 2016. 
‘‘(III) For an existing commercial 
vessel with a ballast water capacity of 
at least 1,500 cubic meters but not 
more than 5,000 cubic meters, the date 
of the first drydocking of the vessel 
after January 1, 2014. 
‘‘(IV) For an existing commercial 
vessel with a ballast water capacity of 
greater than 5,000 cubic meters, the 
date of the first drydocking of the vessel 
after January 1, 2016. 
‘‘(iii) REGULATIONS.—In issuing regu-
lations under paragraph (3), the Secretary 
shall include a compliance schedule that sets 
forth the deadlines specified in clause (ii). 
‘‘(B) REVISED
PERFORMANCE
STANDARD 
COMPLIANCE DEADLINES.— 
‘‘(i) IN GENERAL.—Upon revision of a 
performance standard under subsection (d), 
the Secretary, in consultation with the Ad-
ministrator, shall issue a compliance sched-
ule that establishes deadlines for an owner 
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or operator to comply with the revised per-
formance standard. 
‘‘(ii) FACTORS.—In issuing a compli-
ance schedule under this subparagraph, the 
Secretary— 
‘‘(I) shall consider the factors 
identified in subparagraph (C)(iv); 
and 
‘‘(II) may establish different com-
pliance deadlines based on vessel class, 
type, or size. 
‘‘(iii) VESSELS
CONSTRUCTED
AFTER 
ISSUANCE
OF
REVISED
PERFORMANCE 
STANDARDS.—A compliance schedule issued 
under this subparagraph with respect to a 
revised performance standard shall require, 
at a minimum, the owner or operator of a 
commercial vessel that commences a major 
conversion or is constructed on or after the 
date of issuance of the revised performance 
standard to comply with the revised per-
formance standard. 
‘‘(C) EXTENSION
OF
COMPLIANCE
DEAD-
LINES.— 
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‘‘(i) IN GENERAL.—The Secretary may 
extend a compliance deadline established 
under subparagraph (A) or (B) on the Sec-
retary’s own initiative or in response to a 
petition submitted by an owner or operator. 
‘‘(ii) PROCESSES
FOR
GRANTING
EX-
TENSIONS.—In issuing regulations under 
paragraph (3), the Secretary shall estab-
lish— 
‘‘(I) a process for the Secretary, 
in consultation with the Adminis-
trator, to issue an extension of a com-
pliance deadline established under sub-
paragraph (A) or (B) for a commercial 
vessel (or class, type, or size of vessel); 
and 
‘‘(II) a process for an owner or 
operator to submit a petition to the 
Secretary for an extension of a compli-
ance deadline established under sub-
paragraph (A) or (B) with respect to 
the commercial vessel of the owner or 
operator. 
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‘‘(iii) PERIOD
OF
EXTENSIONS.—An 
extension issued under this subparagraph 
shall— 
‘‘(I) apply for a period of not to 
exceed 18 months; and 
‘‘(II) be renewable for an addi-
tional period of not to exceed 18 
months. 
‘‘(iv) FACTORS.—In issuing an exten-
sion or reviewing a petition under this sub-
paragraph, the Secretary shall consider, 
with respect to the ability of an owner or 
operator to meet a compliance deadline, the 
following factors: 
‘‘(I) Whether the treatment tech-
nology to be installed is available in 
sufficient quantities to meet the com-
pliance deadline. 
‘‘(II) Whether there is sufficient 
shipyard or other installation facility 
capacity. 
‘‘(III) Whether there is sufficient 
availability of engineering and design 
resources. 
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‘‘(IV) Vessel characteristics, such 
as engine room size, layout, or a lack 
of installed piping. 
‘‘(V) Electric power generating ca-
pacity aboard the vessel. 
‘‘(VI) Safety of the vessel and 
crew. 
‘‘(v) CONSIDERATION OF PETITIONS.— 
‘‘(I) DETERMINATIONS.—The Sec-
retary shall approve or deny a petition 
for an extension of a compliance dead-
line submitted by an owner or operator 
under this subparagraph. 
‘‘(II) DEADLINE.—If the Sec-
retary does not approve or deny a peti-
tion referred to in subclause (I) on or 
before the last day of the 90-day period 
beginning on the date of submission of 
the petition, the petition shall be 
deemed approved. 
‘‘(c) BALLAST WATER PERFORMANCE STANDARD FOR 
COMMERCIAL VESSELS.— 
‘‘(1) IN GENERAL.—To meet the ballast water 
performance standard, an owner or operator shall— 
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‘‘(A) conduct ballast water treatment before 
discharging ballast water from a commercial ves-
sel into navigable waters using a ballast 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 Sedi-
ments, as adopted on February 13, 2004, or a re-
vised numerical ballast water performance 
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 re-
sult of damage to the commercial vessel or its 
equipment and— 
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‘‘(i) all reasonable precautions to pre-
vent or minimize the discharge have been 
taken; and 
‘‘(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 
an 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 or 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 or establishment of 
aquatic nuisance species; 
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‘‘(B) improvements in ballast water treat-
ment technology, including— 
‘‘(i) the capability of such technology 
to achieve a revised ballast water perform-
ance standard; 
‘‘(ii) the effectiveness and reliability of 
such technology in the shipboard environ-
ment; 
‘‘(iii) the compatibility of such tech-
nology with the design and operation of 
commercial vessels by class, type, and size; 
‘‘(iv) the commercial availability of 
such technology; and 
‘‘(v) the safety of such technology; 
‘‘(C) improvements in the capabilities to de-
tect, quantify, and assess the viability of aquatic 
nuisance species at the concentrations under con-
sideration; 
‘‘(D) the impact of ballast water treatment 
technology on water quality; and 
‘‘(E) the costs, cost-effectiveness, and im-
pacts of— 
‘‘(i) a revised ballast water perform-
ance standard, including the potential im-
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pacts on shipping, trade, and other uses of 
the aquatic environment; and 
‘‘(ii) maintaining the existing ballast 
water performance standard, including the 
potential impacts on water-related infra-
structure, recreation, the propagation of na-
tive 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 Admin-
istrator, in consultation with the Secretary, de-
termines that revising the ballast water perform-
ance standard would result in a scientifically de-
monstrable and substantial reduction in the risk 
of the introduction or establishment of aquatic 
nuisance species, the Administrator shall under-
take a rulemaking to revise the performance 
standard. 
‘‘(B) SPECIAL
RULE.—The Administrator 
may not issue a revised performance standard 
pursuant to this paragraph that applies to a 
commercial vessel constructed prior to the date 
on which the revised performance standard is 
issued unless the revised performance standard is 
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at least 2 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 PERFORM-
ANCE STANDARDS.— 
‘‘(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 or estab-
lishment 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 Administrator under subpara-
graph (A) shall include the scientific and tech-
nical information on which the petition is based. 
‘‘(D) REVIEW AND REPORTING.—Upon re-
ceipt of a petition from a Governor under sub-
paragraph (A), the Administrator shall make 
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publicly available a copy of the petition, includ-
ing the scientific and technical information pro-
vided by the Governor under subparagraph (C). 
‘‘(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) in consultation with the Sec-
retary, revise the performance standard 
through a rulemaking under para-
graph (3)(A), subject to the limitation 
in paragraph (3)(B). 
‘‘(ii) TREATMENT OF MORE THAN ONE 
PETITION AS A SINGLE PETITION.—The Ad-
ministrator may treat more than one peti-
tion as a single petition for review. 
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‘‘(e) TREATMENT TECHNOLOGY CERTIFICATION.— 
‘‘(1) CERTIFICATION REQUIRED.— 
‘‘(A) CERTIFICATION PROCESS.— 
‘‘(i) EVALUATION.—Upon application 
of a manufacturer, the Secretary shall 
evaluate a ballast water treatment tech-
nology with respect to— 
‘‘(I) whether the treatment tech-
nology meets the ballast water perform-
ance standard when installed on a 
commercial vessel (or a class, type, or 
size of commercial vessel); 
‘‘(II) the effect of the treatment 
technology on commercial vessel safety; 
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 certify 
the treatment technology for use on a com-
mercial vessel (or a class, type, or size of 
commercial vessel). 
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‘‘(iii) SUSPENSION
AND
REVOCATION 
OF CERTIFICATION.—The Secretary shall, by 
regulation, establish a process to suspend or 
revoke a certification issued under this sub-
paragraph. 
‘‘(B) CERTIFICATES OF TYPE APPROVAL.— 
‘‘(i) ISSUANCE
OF
CERTIFICATES
TO 
MANUFACTURER.—If the Secretary certifies 
a ballast water treatment technology under 
subparagraph (A), the Secretary shall issue 
to the manufacturer of the treatment tech-
nology, in such form and manner as the 
Secretary determines appropriate, a certifi-
cate of type approval for the treatment tech-
nology. 
‘‘(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 Sec-
retary 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 ballast 
water treatment technology shall furnish a 
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copy of the certificate to any owner or oper-
ator of a commercial vessel on which the 
treatment technology is installed. 
‘‘(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 inspec-
tion at all times that such owner or oper-
ator is utilizing the treatment technology. 
‘‘(C) TREATMENT TECHNOLOGIES THAT USE 
OR
GENERATE
BIOCIDES.—The Secretary may 
not certify a ballast water treatment technology 
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 approved the 
use of such biocide in such treatment tech-
nology; or 
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‘‘(ii) uses or generates a biocide the 
discharge of which causes or contributes to 
a violation of a water quality standard 
under section 303 of this Act. 
‘‘(D) PROHIBITION.— 
‘‘(i) IN GENERAL.—Except as provided 
by clause (ii), an owner or operator may 
not use a ballast water treatment technology 
to comply with the requirements of this sec-
tion unless the Secretary has certified the 
treatment technology under subparagraph 
(A). 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) COAST
GUARD
SHIPBOARD 
TECHNOLOGY EVALUATION PROGRAM.— 
An owner or operator may use a bal-
last water treatment technology that 
has not been certified by the Secretary 
to comply with the requirements of this 
section if the technology is being evalu-
ated under the Coast Guard Shipboard 
Technology Evaluation Program. 
‘‘(II) BALLAST
WATER
TREAT-
MENT
TECHNOLOGIES
CERTIFIED
BY 
FOREIGN ENTITIES.—An owner or op-
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erator may use a ballast water treat-
ment technology that has not been cer-
tified by the Secretary to comply with 
the requirements of this section if the 
technology has been certified by a for-
eign entity and the certification dem-
onstrates performance and safety of the 
treatment technology equivalent to the 
requirements of this subsection, as de-
termined by the Secretary. 
‘‘(2) CERTIFICATION CONDITIONS.— 
‘‘(A) IMPOSITION OF CONDITIONS.—In certi-
fying a ballast water treatment technology under 
this subsection, the Secretary, in consultation 
with the Administrator, may impose any condi-
tion on the subsequent installation, use, or main-
tenance of the treatment technology onboard a 
commercial vessel as is necessary for— 
‘‘(i) the safety of the vessel, the crew of 
the vessel, and any passengers aboard the 
vessel; 
‘‘(ii) the protection of the environment; 
and 
‘‘(iii) the effective operation of the 
treatment technology. 
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‘‘(B) FAILURE TO COMPLY.—The failure of 
an owner or operator to comply with a condition 
imposed under subparagraph (A) is a violation 
of this section. 
‘‘(3) USE OF BALLAST WATER TREATMENT TECH-
NOLOGIES ONCE INSTALLED.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an owner or operator who installs a 
ballast water treatment technology that the Sec-
retary has certified under paragraph (1) may 
use the treatment technology, notwithstanding 
any revisions to a ballast water performance 
standard occurring after the installation so long 
as the owner or operator— 
‘‘(i) maintains the treatment tech-
nology in proper working condition; and 
‘‘(ii) maintains and uses the treatment 
technology in accordance with— 
‘‘(I) the manufacturer’s specifica-
tions; and 
‘‘(II) any conditions imposed by 
the Secretary under paragraph (2). 
‘‘(B) LIMITATION.—Subparagraph (A) shall 
cease to apply with respect to a commercial ves-
sel after the first to occur of the following: 
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‘‘(i) The expiration of the service life of 
the ballast water treatment technology of the 
vessel, as determined by the Secretary. 
‘‘(ii) The expiration of service life of 
the vessel, as determined by the Secretary. 
‘‘(iii) The completion of a major con-
version of the vessel. 
‘‘(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 introduce 
or deliver for introduction into interstate commerce, 
or import into the United States for sale or resale, a 
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ballast water treatment technology for the commercial 
vessel unless the technology has been certified under 
this subsection. 
‘‘(f) ALTERNATIVE METHODS OF COMPLIANCE.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this section, the Sec-
retary, in consultation with the Administrator, shall 
establish an alternative method of compliance with 
this section for a commercial vessel having a max-
imum ballast water capacity of less than 8 cubic me-
ters. 
‘‘(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 
or establishment of aquatic nuisance species rel-
ative to the performance standard; and 
‘‘(B) any other factor the Secretary con-
siders appropriate. 
‘‘(3) BEST MANAGEMENT PRACTICES.—The Sec-
retary may establish as an alternative method of com-
pliance appropriate ballast water best management 
practices to minimize the introduction or establish-
ment of aquatic nuisance species. 
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‘‘(g) GEOGRAPHICALLY LIMITED AREAS.— 
‘‘(1) IN GENERAL.—Subsections (c), (e), and (i) 
shall not apply to a commercial vessel that— 
‘‘(A) operates exclusively within a geo-
graphically limited area, as determined by the 
Secretary, in consultation with the Adminis-
trator; or 
‘‘(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.— 
‘‘(A) 
SUBMISSION
OF
PETITIONS.—Fol-
lowing the date of issuance of final regulations 
under subsection (b), an owner or operator may 
petition the Secretary for a determination under 
paragraph (1). 
‘‘(B) 
DETERMINATIONS.—The 
Secretary 
shall approve or deny a petition submitted by an 
owner or operator under subparagraph (A). 
‘‘(C) DEADLINE.—If the Secretary does not 
approve or deny a petition submitted by an 
owner or operator under subparagraph (A) on or 
before the last day of the 90-day period begin-
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ning on the date of submission of the petition, 
the petition shall be deemed approved. 
‘‘(3) NOTIFICATION.—The Secretary shall notify 
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 paragraph (2) of the 
granting of any such petition. 
‘‘(4) BEST
MANAGEMENT
PRACTICES.—For a 
commercial vessel for which a petition is granted 
under paragraph (2), the Secretary shall require the 
owner or operator to implement appropriate ballast 
water best management practices to minimize the in-
troduction or establishment of aquatic nuisance spe-
cies. 
‘‘(h) RECEPTION FACILITIES.— 
‘‘(1) IN GENERAL.—An owner or operator shall 
discharge ballast water in compliance with subsection 
(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 
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Secretary, in consultation with the Adminis-
trator. 
‘‘(2) ISSUANCE OF STANDARDS.—Not later than 
2 years after the date of enactment of this section— 
‘‘(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 referred 
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 com-
mercial vessel is in compliance with the requirements 
of subsection (b)(1)(A) if discharging ballast 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 commer-
cial vessel. 
‘‘(4) BALLAST WATER MANAGEMENT PLANS.—An 
owner or operator discharging ballast water under 
this subsection shall discharge such water in accord-
ance with a ballast water management plan approved 
under subsection (i). 
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‘‘(i) COMMERCIAL VESSEL BALLAST WATER MANAGE-
MENT 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 Sec-
retary 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 ballast 
water management plan are substantially equivalent 
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 
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. 
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