I
107TH CONGRESS
1ST SESSION
H. R. 1680
To require the issuance of regulations pursuant to the National Invasive
Species Act of 1996 to assure, to the maximum extent practicable,
that vessels entering the Great Lakes do not discharge ballast water
that introduces or spreads nonindigenous aquatic species and treat such
ballast water and its sediments through the most effective and efficient
techniques available, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2001
Mr. HOEKSTRA (for himself, Mr. BARCIA, Mr. EHLERS, Mr. CAMP, Mr.
UPTON, Mr. SMITH of Michigan, Mr. ROGERS of Michigan, Mr. STUPAK,
Mr. MCHUGH, Mr. ENGLISH, Mr. WALSH, Mr. KUCINICH, and Ms.
SLAUGHTER) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To require the issuance of regulations pursuant to the Na-
tional Invasive Species Act of 1996 to assure, to the
maximum extent practicable, that vessels entering the
Great Lakes do not discharge ballast water that intro-
duces or spreads nonindigenous aquatic species and treat
such ballast water and its sediments through the most
effective and efficient techniques available, and for other
purposes.
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 ‘‘Great Lakes Ecology
Protection Act of 2001’’.
SEC. 2. BALLAST WATER TREATMENT REGULATIONS RE-
QUIRED.
(a) IN GENERAL.—Section 1101(b) of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711(b)) is amended by striking para-
graphs (1) and (2) and inserting the following:
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall issue regulations to prevent the intro-
duction and spread of aquatic nuisance species with-
in the Great Lakes.
‘‘(2) CONTENTS OF THE REGULATIONS.—The
regulations required by paragraph (1) shall—
‘‘(A) ensure to the maximum extent prac-
ticable that ballast water containing aquatic
nuisance species is not discharged into the
Great Lakes;
‘‘(B) protect the safety of each vessel, its
crew, and passengers, if any;
‘‘(C) apply to all vessels capable of dis-
charging ballast water, whether equipped with
ballast water tank systems or otherwise, that
enter the Great Lakes after operating on waters
beyond the exclusive economic zone;
‘‘(D) require such vessels to—
‘‘(i) carry out any discharge or ex-
change of ballast water before entering the
Great Lakes; or
‘‘(ii) carry out any discharge or ex-
change of ballast water within the Great
Lakes only in compliance with the regula-
tions;
‘‘(E) take into consideration different ves-
sel operating conditions;
‘‘(F) require the use of environmentally
sound treatment methods for ballast water and
ballast sediments in preventing and controlling
infestations of aquatic nuisance species;
‘‘(G) provide for certification by the master
of each vessel entering the Great Lakes that
such vessel is in compliance with the regula-
tions;
‘‘(H) assure compliance through—
‘‘(i) sampling procedures;
‘‘(ii) inspection of records; and
‘‘(iii) imposition of sanctions in ac-
cordance with subsection (g)(1);
‘‘(I) be based on the best scientific infor-
mation available;
‘‘(J) not supersede or adversely affect any
requirement or prohibition pertaining to the
discharge of ballast water into the waters of the
United States under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.); and
‘‘(K) include such other matters as the
Secretary considers appropriate.’’.
(b) TREATMENT METHODS DEFINED.—Section 1003
of such Act (16 U.S.C. 4702) is amended by—
(1) redesignating paragraphs (13), (14), (15),
(16), and (17) in order as paragraphs (14), (15),
(16), (17), and (18); and
(2) inserting after paragraph (12) the following:
‘‘(13) ‘treatment methods’ means the treatment
of the contents of ballast water tanks, including the
sediments within such tanks, to remove or destroy
living biological organisms through—
‘‘(A) filtration;
‘‘(B) the application of biocides or ultra-
violet light;
‘‘(C) thermal methods; or
‘‘(D) other treatment techniques approved
by the Secretary;’’.
(c) MAXIMIZING PUBLIC PARTICIPATION
IN
THE
FORMULATION OF REQUIRED REGULATIONS.—The Sec-
retary of Transportation shall maximize public participa-
tion in the issuance of regulations required by the amend-
ment made by subsection (a), by—
(1) publishing an advance notice of proposed
rulemaking;
(2) publishing the advance notice of proposed
rulemaking and the proposed rule through means
designed to reach persons likely to be subject to or
affected by the regulations;
(3) making the text of the advance notice of
proposed rulemaking and of the proposed rule avail-
able through electronic means;
(4) providing not less than 120 days for public
comment on the proposed rule;
(5) providing for an effective date that is not
less than 30 days after the date of publication of the
final rule; and
(6) such other means as the Secretary considers
appropriate.
(d) REQUIRED REGULATORY SCHEDULE.—
(1) ISSUANCE OF ADVANCE NOTICE OF PRO-
POSED RULEMAKING.—
(A) IN
GENERAL.—The Secretary shall
issue an advance notice of proposed rulemaking
for the regulations required by the amendment