‘‘(B) ALTERNATIVE
MEANS
OF
RECORD-
KEEPING.—The Secretary may provide for alter-
native methods of recordkeeping, including elec-
tronic recordkeeping, to comply with the require-
ments of this paragraph. 
‘‘(j) 
REGULATION
OF
BALLAST
WATER
DIS-
CHARGES.—Effective on and after the date of enactment of 
this section— 
‘‘(1) the Administrator (or a State in the case of 
a permit program approved under section 402) shall 
not require any new permit or permit condition 
under section 402 for any discharge of ballast water 
from a commercial vessel into navigable waters; and 
‘‘(2) except as provided by subsection (k), a State 
or political subdivision thereof shall not adopt or en-
force any law or regulation of the State or political 
subdivision with respect to such a discharge. 
‘‘(k) STATE AUTHORITY.— 
‘‘(1) STATE
PROGRAMS.—The Governor of a 
State desiring to administer its own inspection and 
enforcement authority for ballast water discharges 
within its jurisdiction may submit to the Secretary a 
complete description of the program the Governor pro-
poses to establish and administer under State law. In 
addition, the Governor shall submit a statement from 
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the State attorney general that the laws of the State 
provide adequate authority to carry out the described 
program. 
‘‘(2) APPROVAL.—The Secretary, with the con-
currence of the Administrator, may approve a pro-
gram of a State submitted under paragraph (1) pro-
viding for the State’s own inspection and enforcement 
authority for ballast water discharges within its juris-
diction, if the Secretary determines that the State 
possesses adequate resources to— 
‘‘(A) inspect, monitor, and board a commer-
cial vessel at any time, including the taking and 
testing of ballast water samples, to ensure the 
commercial vessel’s compliance with this section; 
‘‘(B) ensure that any ballast water dis-
charged within the waters subject to the jurisdic-
tion of the State meets the requirements of this 
section; 
‘‘(C) establish adequate procedures for re-
porting violations of this section; 
‘‘(D) investigate and abate violations of this 
section, including the imposition of civil and 
criminal penalties consistent with subsection (o); 
and 
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‘‘(E) ensure that the Secretary and the Ad-
ministrator 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 con-
ducted in accordance with this subsection. 
‘‘(4) WITHDRAWAL OF APPROVAL.—Whenever the 
Secretary, in consultation with the Administrator, de-
termines, after providing notice and the opportunity 
for a public hearing, that a State is not admin-
istering a program in accordance with the terms of 
the program as approved under paragraph (2), the 
Secretary shall notify the State, and, if appropriate 
corrective action is not taken within a period of time 
not to exceed 90 days, the Secretary, with the concur-
rence of the Administrator, shall withdraw approval 
of the program. The Secretary shall not withdraw ap-
proval of a program unless the Secretary has first no-
tified the State and made public, in writing, the rea-
sons for the withdrawal. 
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall limit the au-
thority of the Administrator or the Secretary to carry 
out inspections of any commercial vessel under sub-
section (n). 
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‘‘(6) STATE LAWS.—Notwithstanding any other 
provision of this section, a State may enact such laws 
as are necessary to provide for the implementation of 
the State ballast water inspection and enforcement 
program provided under this subsection. The require-
ments for a ballast water inspection and enforcement 
program contained in such State law shall be sub-
stantively and procedurally equivalent to those re-
quired in this section, and any requirements relating 
to recordkeeping, reporting, and sampling or analysis 
contained in such State law shall be substantively 
and procedurally equivalent to the requirements of 
this section and its implementing regulations and 
guidance. 
‘‘(l) DISCHARGES INCIDENTAL TO THE NORMAL OPER-
ATIONS OF A COMMERCIAL VESSEL.— 
‘‘(1) 
EVALUATION
OF
INCIDENTAL
DIS-
CHARGES.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this section, the 
Administrator, in consultation with the Sec-
retary, shall complete an evaluation of dis-
charges incidental to the normal operation of a 
commercial vessel. 
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‘‘(B) FACTORS.—In carrying out the eval-
uation, the Administrator shall analyze— 
‘‘(i) the characterization of the various 
types and composition of discharges inci-
dental to the normal operation of a com-
mercial vessel by different classes, types, 
and sizes of commercial vessels; 
‘‘(ii) the volume of such discharges for 
representative individual commercial vessels 
and by classes, types, and sizes of commer-
cial vessels in the aggregate; 
‘‘(iii) the availability and feasibility of 
implementing technologies or best manage-
ment practices for the control of such dis-
charges; 
‘‘(iv) the characteristics of the receiving 
waters of such discharges; 
‘‘(v) the nature and extent of potential 
effects of such discharges on human health, 
welfare, and the environment; 
‘‘(vi) the extent to which such dis-
charges are currently subject to and ad-
dressed by regulations under existing Fed-
eral laws or binding international obliga-
tions of the United States; and 
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‘‘(vii) any additional factor that the 
Administrator considers appropriate. 
‘‘(2) 
REGULATION
OF
INCIDENTAL
DIS-
CHARGES.—Effective on and after the date of enact-
ment of this section— 
‘‘(A) the Administrator (or a State in the 
case of a permit program approved under section 
402) shall not require any new permit or permit 
conditions under section 402 for any discharge 
incidental to the normal operation of a commer-
cial vessel; and 
‘‘(B) a State or political subdivision thereof 
shall not adopt or enforce any law or regulation 
of the State or political subdivision with respect 
to such a discharge. 
‘‘(m) EFFECT ON VESSEL GENERAL PERMIT.— 
‘‘(1) EXPIRATION.—Notwithstanding the expira-
tion date set forth in the Vessel General Permit, the 
Vessel General Permit shall expire as follows: 
‘‘(A) The terms and conditions of section 6 
of such permit or any law of a State regulating 
the discharge of ballast water or any discharge 
incidental to the normal operation of a commer-
cial vessel, upon the date of enactment of this 
section. 
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‘‘(B) For each commercial vessel, the terms 
and conditions of such permit (except the terms 
and conditions referred to in subparagraph (A)) 
applicable to a discharge of ballast water— 
‘‘(i) on the date on which— 
‘‘(I) a ballast water treatment 
technology certified under subsection 
(e) is installed on the commercial ves-
sel; 
‘‘(II) an alternative method of 
compliance established for the commer-
cial vessel under subsection (f) is im-
plemented for the commercial vessel; 
‘‘(III) a petition is granted for the 
commercial vessel under subsection (g); 
or 
‘‘(IV) a certificate is issued for the 
commercial vessel under subsection (h); 
or 
‘‘(ii) in any case not described in 
clause (i), on December 18, 2013. 
‘‘(2) DISCHARGES INCIDENTAL TO THE NORMAL 
OPERATION
OF
COMMERCIAL
VESSELS.—Notwith-
standing the expiration date set forth in the Vessel 
General Permit, the terms and conditions of such per-
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mit (except the terms and conditions referred to in 
paragraph (1)(A)) applicable to discharges incidental 
to the normal operation of a commercial vessel shall 
remain in effect. 
‘‘(n) INSPECTIONS AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) COAST
GUARD
ENFORCEMENT.—The 
Secretary shall enforce the requirements of this 
section and may utilize by agreement, with or 
without reimbursement, law enforcement officers 
or other personnel and facilities of the Adminis-
trator, other Federal agencies, and the States. 
‘‘(B) ENVIRONMENTAL PROTECTION AGENCY 
ACTIONS.—Notwithstanding any enforcement de-
cisions of the Secretary under subparagraph (A), 
the Administrator may use the authorities pro-
vided in sections 308, 309, 312, and 504 when-
ever required to carry out this section. 
‘‘(2) COAST
GUARD
INSPECTIONS.—The Sec-
retary may carry out inspections of any commercial 
vessel at any time, including the taking of ballast 
water samples, to ensure compliance with this section. 
The Secretary shall use all appropriate and practical 
measures of detection and environmental monitoring 
of such commercial vessels and shall establish ade-
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quate procedures for reporting violations of this sec-
tion and accumulating evidence regarding such viola-
tions. 
‘‘(o) COMPLIANCE.— 
‘‘(1) DETENTION OF COMMERCIAL VESSEL.—The 
Secretary, by notice to the owner or operator, may de-
tain the commercial vessel if the Secretary has reason-
able cause to believe that the commercial vessel does 
not comply with a requirement of this section or is 
being operated in violation of such a requirement. 
‘‘(2) SANCTIONS.— 
‘‘(A) CIVIL PENALTIES.— 
‘‘(i) IN
GENERAL.—Any person who 
violates this section shall be liable for a civil 
penalty in an amount determined under 
clause (ii). Each day of a continuing viola-
tion constitutes a separate violation. A com-
mercial vessel operated in violation of this 
section is liable in rem for any civil penalty 
assessed for that violation. 
‘‘(ii) 
PENALTY
AMOUNTS.—The 
amount of a civil penalty assessed under 
clause (i) shall be determined as follows: 
‘‘(I) For vessels with a ballast 
water capacity less than 1500 cubic 
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meters, not to exceed $25,000 for each 
violation. 
‘‘(II) For vessels with a ballast 
water capacity of 1500 cubic meters 
but not more than 5,000 cubic meters, 
not to exceed $28,750 for each viola-
tion. 
‘‘(III) For vessels with a ballast 
water capacity greater than 5,000 
cubic meters, not to exceed $32,500 for 
each violation. 
‘‘(B) CRIMINAL
PENALTIES.—Any person 
who knowingly violates this section shall be pun-
ished by a fine of not less that $5,000 nor more 
than $50,000 per day of violation, or by impris-
onment for not more than 3 years, or both. If a 
conviction of a person is for a violation com-
mitted after a first conviction of such person 
under this paragraph, punishment shall be by a 
fine of not more than $100,000 per day of viola-
tion, or imprisonment of not more than 6 years, 
or both. 
‘‘(C) REVOCATION
OF
CLEARANCE.—Upon 
request of the Secretary, the Secretary of Home-
land Security shall withhold or revoke the clear-
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ance of a commercial vessel required by section 
60105 of title 46, United States Code, if the 
owner or operator is in violation of this section. 
‘‘(3) ENFORCEMENT ACTIONS.— 
‘‘(A) ADMINISTRATIVE
ACTIONS.—If the 
Secretary finds that a person has violated this 
section, the Secretary may assess a civil penalty 
for the violation. In determining the amount of 
the civil penalty, the Secretary shall take into 
account the nature, circumstances, extent, and 
gravity of the prohibited acts committed and, 
with respect to the violator, the degree of culpa-
bility, any history of prior violations, and such 
other matters as justice may require. 
‘‘(B) CIVIL ACTIONS.—At the request of the 
Secretary, the Attorney General may bring a 
civil action in an appropriate district court of 
the United States to enforce this section. Any 
court before which such an action is brought may 
award appropriate relief, including temporary 
or permanent injunctions and civil penalties. 
‘‘(4) EXCLUSION.—No person shall be found in 
violation of this section whose commission of prohib-
ited acts is found by the Secretary to have been in the 
interest of ensuring the safety of life at sea. 
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‘‘(p) REGULATION UNDER OTHER SECTIONS OF THIS 
ACT.—This section shall not affect the regulation of dis-
charges from a commercial vessel pursuant to section 311 
or 312.’’. 
SEC. 3. DISCHARGES INCIDENTAL TO THE NORMAL OPER-
ATION OF A COVERED VESSEL. 
(a) DISCHARGES INCIDENTAL TO THE NORMAL OPER-
ATION OF A COVERED VESSEL.— 
(1) NO PERMIT REQUIRED.—Section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 1342) 
is amended by adding at the end the following: 
‘‘(s) DISCHARGES INCIDENTAL TO THE NORMAL OPER-
ATION OF A COVERED VESSEL.—No permit shall be re-
quired under this Act by the Administrator (or a State, 
in the case of a permit program approved under subsection 
(b)) for a discharge incidental to the normal operation of 
a covered vessel (as defined in section 312(p)).’’. 
(2) BEST
MANAGEMENT
PRACTICES
FOR
COV-
ERED VESSELS.—Section 312 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended 
by adding at the end the following: 
‘‘(p) BEST MANAGEMENT PRACTICES FOR COVERED 
VESSELS.— 
‘‘(1) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
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‘‘(A) COVERED VESSEL.—The term ‘covered 
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 section 2101 of title 46, United 
States Code), and— 
‘‘(i) is less than 79 feet in length; or 
‘‘(ii) is a fishing vessel (as defined in 
section 2101 of title 46, United States 
Code), regardless of length of the vessel. 
‘‘(B) DISCHARGE INCIDENTAL TO THE NOR-
MAL OPERATION OF A COVERED VESSEL.—The 
term ‘discharge incidental to the normal oper-
ation of a covered vessel’ means a discharge inci-
dental to the normal operation of a commercial 
vessel (as defined in section 321), insofar as the 
commercial vessel is a covered vessel. 
‘‘(2) DETERMINATION OF DISCHARGES SUBJECT 
TO BEST MANAGEMENT PRACTICES.— 
‘‘(A) DETERMINATION.— 
‘‘(i) IN GENERAL.—The Administrator, 
in consultation with the Secretary of the de-
partment in which the Coast Guard is oper-
ating, shall determine the discharges inci-
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dental to the normal operation of a covered 
vessel for which it is reasonable and prac-
ticable to develop best management practices 
to mitigate the adverse impacts of such dis-
charges on the waters of the United States. 
‘‘(ii) PROMULGATION.—The Adminis-
trator shall promulgate the determinations 
under clause (i) in accordance with section 
553 of title 5, United States Code. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Ad-
ministrator shall consider— 
‘‘(i) the nature of the discharge; 
‘‘(ii) the environmental effects of the 
discharge, including characteristics of the 
receiving waters; 
‘‘(iii) the effectiveness of the best man-
agement practice in reducing adverse im-
pacts of the discharge on water quality; 
‘‘(iv) the practicability of developing 
and using a best management practice; 
‘‘(v) the effect that the use of a best 
management practice would have on the op-
eration, operational capability, or safety of 
the vessel; 
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‘‘(vi) applicable Federal and State law; 
‘‘(vii) applicable international stand-
ards; and 
‘‘(viii) the economic costs of the use of 
the best management practice. 
‘‘(C) TIMING.—The Administrator shall— 
‘‘(i) make initial determinations under 
subparagraph (A) not later than 1 year 
after the date of enactment of this sub-
section; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the determinations; 
and 
‘‘(II) if necessary, revise the deter-
minations based on any new informa-
tion available to the Administrator. 
‘‘(3) REGULATIONS FOR THE USE OF BEST MAN-
AGEMENT PRACTICES.— 
‘‘(A) IN GENERAL.—The Secretary of the de-
partment in which the Coast Guard is operating 
shall promulgate regulations on the use of best 
management practices for discharges incidental 
to the normal operation of a covered vessel that 
the Administrator determines are reasonable and 
practicable to develop under paragraph (2). 
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‘‘(B) REGULATIONS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
promulgate the regulations under this para-
graph as soon as practicable after the Ad-
ministrator makes determinations pursuant 
to paragraph (2). 
‘‘(ii) CONSIDERATIONS.—In promul-
gating regulations under this paragraph, 
the Secretary may— 
‘‘(I) distinguish among classes, 
types, and sizes of vessels; 
‘‘(II) distinguish between new and 
existing vessels; and 
‘‘(III) provide for a waiver of the 
applicability of the standards as nec-
essary or appropriate to a particular 
class, type, age, or size of vessel. 
‘‘(4) EFFECT OF OTHER LAWS.—This subsection 
shall not affect the application of section 311 to a cov-
ered vessel. 
‘‘(5) PROHIBITION RELATING TO COVERED VES-
SELS.—After the effective date of the regulations pro-
mulgated by the Secretary of the department in which 
the Coast Guard is operating under paragraph (3), 
the owner or operator of a covered vessel shall neither 
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operate in, nor discharge any discharge incidental to 
the normal operation of the vessel into navigable 
waters, if the owner or operator of the vessel is not 
using any applicable best management practice meet-
ing standards established under this subsection.’’. 
SEC. 4. CONFORMING AND TECHNICAL AMENDMENTS. 
(a) EFFLUENT LIMITATIONS.—Section 301(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 1311(a)) 
is amended by inserting ‘‘312, 321,’’ after ‘‘318,’’. 
(b) REVIEW OF ADMINISTRATOR’S ACTIONS.—The first 
sentence of section 509(b)(1) of such Act (33 U.S.C. 
1369(b)(1)) is amended— 
(1) by striking ‘‘and (G)’’ and inserting ‘‘(G)’’; 
and 
(2) by inserting after ‘‘section 304(l),’’ the fol-
lowing: ‘‘and (H) in issuing any regulation or other-
wise taking final agency action under section 312 or 
321,’’. 
SEC. 5. REGULATION OF BALLAST WATER AND INCIDENTAL 
DISCHARGES FROM A COMMERCIAL VESSEL. 
(a) IN GENERAL.—Effective on the date of enactment 
of this Act, the following discharges shall not be regulated 
in any manner other than as specified in section 312 or 
321 of the Federal Water Pollution Control Act (as added 
by this Act): 
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(1) A discharge incidental to the normal oper-
ation of a commercial vessel. 
(2) A discharge of ballast water from a commer-
cial vessel. 
(b) DEFINITIONS.—In this section, the terms ‘‘ballast 
water’’, ‘‘commercial vessel’’, and ‘‘discharge incidental to 
the normal operation of a commercial vessel’’ have the 
meanings given those terms in section 321(a) of the Federal 
Water Pollution Control Act (as added by this Act). 
SEC. 6. NONINDIGENOUS AQUATIC NUISANCE PREVENTION 
AND CONTROL ACT OF 1990. 
(a) AQUATIC NUISANCE SPECIES IN WATERS OF THE 
UNITED STATES.—Effective on the date of issuance of final 
regulations under section 321(b) of the Federal Water Pollu-
tion Control Act (as added by this Act), section 1101 of 
the Nonindigenous Aquatic Nuisance Prevention and Con-
trol Act of 1990 (16 U.S.C. 4711) is repealed. 
(b) RELATIONSHIP TO OTHER LAWS.—Effective on the 
date of enactment of this Act, section 1205 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 1990 
(16 U.S.C. 4725) is repealed. 
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Union Calendar No. 178 
112TH CONGRESS 
1ST SESSION 
H. R. 2840 
[Report No. 112–266] 
A BILL 
To amend the Federal Water Pollution Control Act 
to regulate discharges from commercial vessels, 
and for other purposes. 
NOVEMBER 3, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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