I 
115TH CONGRESS 
1ST SESSION H. R. 1154 
To provide for the establishment of nationally uniform and environmentally 
sound standards governing discharges incidental to the normal operation 
of a commercial vessel. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2017 
Mr. HUNTER (for himself, Mr. CUMMINGS, Mr. GIBBS, Mr. KING of New 
York, Mr. BYRNE, Mr. FARENTHOLD, Mr. LOBIONDO, Mr. RICHMOND, 
Mr. BOST, Mr. HARPER, Mr. JENKINS of West Virginia, Mr. BABIN, Mr. 
GRAVES of Louisiana, and Mr. LEWIS of Minnesota) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To provide for the establishment of nationally uniform and 
environmentally sound standards governing discharges 
incidental to the normal operation of a commercial vessel. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Commercial Vessel Incidental Discharge Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Existing ballast water regulations. 
Sec. 4. Ballast water discharge requirements. 
Sec. 5. Review of ballast water discharge standard. 
Sec. 6. Alternative compliance program. 
Sec. 7. Reception facilities. 
Sec. 8. Requirements for discharges incidental to the normal operation of a 
commercial vessel. 
Sec. 9. Judicial review. 
Sec. 10. State enforcement. 
Sec. 11. Effect on State authority. 
Sec. 12. Effect on other laws. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 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 of the United 
States, or commercial, agricultural, aquacultural, or 
recreational activities dependent on such waters. 
(3) BALLAST
WATER.—The term ‘‘ballast 
water’’ means any water and suspended matter 
taken on board a commercial vessel to control or 
maintain trim, draught, stability, or stresses of the 
commercial vessel, regardless of how it is carried. 
(4) BALLAST WATER DISCHARGE STANDARD.— 
The term ‘‘ballast water discharge standard’’ means 
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the numerical ballast water discharge standard set 
forth in section 151.2030 of title 33, Code of Fed-
eral Regulations, or section 151.1511 of title 33, 
Code of Federal Regulations, or a revised numerical 
ballast water discharge standard established under 
section 5, as applicable. 
(5) BALLAST WATER MANAGEMENT SYSTEM.— 
The term ‘‘ballast water management system’’ 
means any system (including all ballast water treat-
ment equipment and all associated control and moni-
toring equipment) that processes ballast water to 
kill, render harmless, or remove organisms. 
(6) COMMERCIAL VESSEL.— 
(A) IN GENERAL.—The term ‘‘commercial 
vessel’’ means a vessel (as defined in section 3 
of title 1, United States Code) that is engaged 
in commercial service (as defined in section 
2101 of title 46, United States Code). 
(B) EXCLUSION.—The term ‘‘commercial 
vessel’’ does not include a recreational vessel. 
(7) DISCHARGE INCIDENTAL TO THE NORMAL 
OPERATION OF A COMMERCIAL VESSEL.— 
(A) IN
GENERAL.—The term ‘‘discharge 
incidental to the normal operation of a commer-
cial vessel’’ means— 
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(i) a discharge into navigable waters 
of the United States from a commercial 
vessel of— 
(I)(aa) graywater, bilge water, 
cooling water, oil water separator ef-
fluent, anti-fouling hull coating leach-
ate, 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 effluent, gas turbine 
wash water, motor gasoline and com-
pensating effluent, refrigeration and 
air condensate effluent, seawater pip-
ing biofouling prevention substances, 
boat engine wet 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 
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installed major equipment, or from a 
protective, preservative, or absorptive 
application to the hull of a commercial 
vessel; 
(II) deck runoff, deck washdown, 
above the waterline hull cleaning ef-
fluent, 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 properly 
functioning marine engine; or 
(ii) a discharge of a pollutant into 
navigable waters of the United States in 
connection with the testing, maintenance, 
or repair of a system, equipment, or engine 
described in subclause (I)(bb) or (III) of 
clause (i) whenever the commercial vessel 
is waterborne. 
(B) EXCLUSIONS.—The term ‘‘discharge 
incidental to the normal operation of a commer-
cial vessel’’ does not include— 
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(i) a discharge into navigable waters 
of the United States 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, as those terms are defined in 
section 311 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1321); 
or 
(IV) sewage, as defined in section 
312(a)(6) of the Federal Water Pollu-
tion 
Control 
Act 
(33 
U.S.C. 
1322(a)(6)); 
(ii) any emission of an air pollutant 
resulting from the operation onboard a 
commercial vessel of a commercial vessel 
propulsion system, motor driven equip-
ment, or incinerator; or 
(iii) any discharge into navigable 
waters of the United States from a com-
mercial vessel when the commercial vessel 
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is operating in a capacity other than as a 
means of transportation on water. 
(8) GENERAL
PERMIT.—The term ‘‘General 
Permit’’ means the Final National Pollutant Dis-
charge Elimination System Vessel General Permit 
for Discharges Incidental to the Normal Operation 
of a Vessel noticed in the Federal Register on April 
12, 2013 (78 Fed. Reg. 21938). 
(9) GEOGRAPHICALLY
LIMITED
AREA.—The 
term ‘‘geographically limited area’’ means an area— 
(A) with a physical limitation that prevents 
a commercial vessel from operating outside the 
area, such as the Great Lakes and Saint Law-
rence River, as determined by the Secretary; or 
(B) that is ecologically homogeneous, as 
determined by the Secretary in consultation 
with the heads of other Federal departments or 
agencies the Secretary considers appropriate. 
(10) MAJOR CONVERSION.—The term ‘‘major 
conversion’’ has the meaning given that term in sec-
tion 2101(14a) of title 46, United States Code. 
(11) NAVIGABLE
WATERS
OF
THE
UNITED 
STATES.—The term ‘‘navigable waters of the United 
States’’ has the meaning given that term in section 
2101(17a) of title 46, United States Code. 
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(12) OWNER OR OPERATOR.—The term ‘‘owner 
or operator’’ means a person owning, operating, or 
chartering by demise a commercial vessel. 
(13) POLLUTANT.—The term ‘‘pollutant’’ has 
the meaning given that term in section 502(6) of the 
Federal Water Pollution Control Act (33 U.S.C. 
1362(6)). 
(14) RECREATIONAL VESSEL.—The term ‘‘rec-
reational vessel’’ has the meaning given that term in 
section 2101(25) of title 46, United States Code. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
SEC. 3. EXISTING BALLAST WATER REGULATIONS. 
(a) EFFECT ON EXISTING REGULATIONS.—Any reg-
ulation issued pursuant to the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 that is in 
effect on the date immediately preceding the effective date 
of this Act, and that relates to a matter subject to regula-
tion under this Act, shall remain in full force and effect 
unless or until superseded by a new regulation issued 
under this Act relating to such matter. 
(b) APPLICATION OF OTHER REGULATIONS.—The 
regulations issued pursuant to the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 relating to 
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sanctions for violating a regulation under that Act shall 
apply to violations of a regulation issued under this Act. 
SEC. 4. BALLAST WATER DISCHARGE REQUIREMENTS. 
(a) IN GENERAL.— 
(1) REQUIREMENTS.—Except as provided in 
paragraph (3), and subject to sections 151.2035 and 
151.2036 of title 33, Code of Federal Regulations 
(as in effect on the date of enactment of this Act), 
an owner or operator may discharge ballast water 
into navigable waters of the United States from a 
commercial vessel covered under subsection (b) only 
if— 
(A) the discharge meets the ballast water 
discharge standard; and 
(B) the owner or operator discharges the 
ballast water in accordance with other require-
ments established by the Secretary. 
(2) COMMERCIAL
VESSELS
ENTERING
THE 
GREAT LAKES SYSTEM.—In the case of a commercial 
vessel that enters the Great Lakes through the Saint 
Lawrence River after operating outside the exclusive 
economic zone of the United States or Canada, the 
owner or operator shall— 
(A) comply with the requirements of— 
(i) paragraph (1); 
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(ii) subpart C of part 151 of title 33, 
Code of Federal Regulations; and 
(iii) section 401.30 of title 33, Code of 
Federal Regulations; and 
(B) conduct a complete ballast water ex-
change in an area that is 200 nautical miles or 
more from any shore before the owner or oper-
ator may discharge ballast water while oper-
ating in the Saint Lawrence River or the Great 
Lakes, subject to any requirements the Sec-
retary determines necessary with regard to such 
exchange, or any ballast water management 
system that is to be used in conjunction with 
such exchange, to ensure that any discharge of 
ballast water complies with the requirements of 
paragraph (1). 
(3) 
SAFETY
EXEMPTION.—Notwithstanding 
paragraphs (1) and (2), an owner or operator may 
discharge any ballast water into navigable waters of 
the United States from a commercial vessel if— 
(A) the ballast water is discharged solely 
to ensure the safety of life at sea; 
(B) the ballast water is discharged acci-
dentally as the result of damage to the commer-
cial vessel or its equipment and— 
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