I 
113TH CONGRESS 
2D SESSION 
H. R. 5609 
To provide for the establishment of nationally uniform and environmentally 
sound standards governing discharges incidental to the normal operation 
of a vessel. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2014 
Mr. HUNTER (for himself, Mr. CUMMINGS, Mr. LOBIONDO, Mr. RICHMOND, 
Mr. JONES, Mr. LUETKEMEYER, Mr. COOPER, Mr. JOLLY, Ms. HERRERA 
BEUTLER, Mr. YOUNG of Alaska, and Mr. ENYART) 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 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 
‘‘Vessel Incidental Discharge Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
Sec. 2. Definitions. 
Sec. 3. Regulation and enforcement. 
Sec. 4. Uniform national standards and requirements for the regulation of dis-
charges incidental to the normal operation of a vessel. 
Sec. 5. Treatment technology certification. 
Sec. 6. Exemptions. 
Sec. 7. Alternative compliance program. 
Sec. 8. Judicial review. 
Sec. 9. Effect on State authority. 
Sec. 10. Application with other statutes. 
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 or commercial, agri-
cultural, aquacultural, or recreational activities de-
pendent on such waters. 
(3) BALLAST WATER.— 
(A) IN
GENERAL.—The term ‘‘ballast 
water’’ means any water, including any sedi-
ment suspended in such water, taken aboard a 
vessel— 
(i) to control trim, list, draught, sta-
bility, or stresses of the vessel; or 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(ii) during the cleaning, maintenance, 
or other operation of a ballast water treat-
ment technology of the vessel. 
(B) 
EXCLUSIONS.—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 under this Act. 
(4) BALLAST
WATER
PERFORMANCE
STAND-
ARD.—The term ‘‘ballast water performance stand-
ard’’ means the numerical ballast water discharge 
standard set forth in section 151.2030 of title 33, 
Code of Federal Regulations or section 151.1511 of 
title 33, Code of Federal Regulations, as applicable, 
or a revised numerical ballast water performance 
standard established under subsection (a)(1)(B), (b), 
or (c) of section 4 of this Act. 
(5) BALLAST WATER TREATMENT TECHNOLOGY 
OR TREATMENT TECHNOLOGY.—The term ‘‘ballast 
water treatment technology’’ or ‘‘treatment tech-
nology’’ means any mechanical, physical, chemical, 
or biological process used, alone or in combination, 
to remove, render harmless, or avoid the uptake or 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
discharge of aquatic nuisance species within ballast 
water. 
(6) BIOCIDE.—The term ‘‘biocide’’ means a 
substance or organism, including a virus or fungus, 
that is introduced into or produced by a ballast 
water treatment technology to reduce or eliminate 
aquatic nuisance species as part of the process used 
to comply with a ballast water performance standard 
under this Act. 
(7) DISCHARGE INCIDENTAL TO THE NORMAL 
OPERATION OF A VESSEL.— 
(A) IN
GENERAL.—The term ‘‘discharge 
incidental to the normal operation of a vessel’’ 
means— 
(i) a discharge into navigable waters 
from a vessel of— 
(I)(aa) ballast water, graywater, 
bilge water, cooling water, oil water 
separator effluent, anti-fouling hull 
coating leachate, boiler or economizer 
blowdown, byproducts from cathodic 
protection, controllable pitch propeller 
and thruster hydraulic fluid, distilla-
tion and reverse osmosis brine, eleva-
tor pit effluent, firemain system efflu-
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
ent, 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 
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 
installed major equipment, or from a 
protective, preservative, or absorptive 
application to the hull of a vessel; 
(II) weather deck runoff, deck 
wash, 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 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(ii) a discharge of a pollutant into 
navigable waters in connection with the 
testing, maintenance, or repair of a sys-
tem, equipment, or engine described in 
subclause (I)(bb) or (III) of clause (i) 
whenever the vessel is waterborne. 
(B) EXCLUSIONS.—The term ‘‘discharge 
incidental to the normal operation of a vessel’’ 
does not include— 
(i) a discharge into navigable waters 
from a vessel of— 
(I) rubbish, trash, garbage, incin-
erator ash, or other such material dis-
charged overboard; 
(II) oil or a hazardous substance 
as those terms are defined in section 
311 of the Federal Water Pollution 
Control Act (33 U.S.C. 1321); 
(III) sewage as defined in section 
312(a)(6) of the Federal Water Pollu-
tion 
Control 
Act 
(33 
U.S.C. 
1322(a)(6)); or 
(IV) graywater referred to in sec-
tion 312(a)(6) of the Federal Water 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
Pollution Control Act (33 U.S.C. 
1322(a)(6)); 
(ii) an emission of an air pollutant re-
sulting from the operation onboard a vessel 
of a vessel propulsion system, motor driven 
equipment, or incinerator; or 
(iii) a discharge into navigable waters 
from a vessel when the vessel is operating 
in a capacity other than as a means of 
transportation on water. 
(8) GEOGRAPHICALLY
LIMITED
AREA.—The 
term ‘‘geographically limited area’’ means an area— 
(A) with a physical limitation, including 
limitation by physical size and limitation by au-
thorized route, that prevents a vessel from oper-
ating outside the area, 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 as the Secretary considers appropriate. 
(9) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person engaged in the manufacture, 
assemblage, or importation of ballast water treat-
ment technology. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
(11) VESSEL.—The term ‘‘vessel’’ means every 
description of watercraft or other artificial contriv-
ance used, or practically or otherwise capable of 
being used, as a means of transportation on water. 
SEC. 3. REGULATION AND ENFORCEMENT. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Administrator, shall establish and implement en-
forceable uniform national standards and requirements for 
the regulation of discharges incidental to the normal oper-
ation of a vessel. The standards and requirements shall— 
(1) be based upon the best available technology 
economically achievable; and 
(2) supersede any permitting requirement or 
prohibition on discharges incidental to the normal 
operation of a vessel under any other provision of 
law. 
(b) ADMINISTRATION
AND
ENFORCEMENT.—The 
Secretary shall administer and enforce the uniform na-
tional standards and requirements under this Act. Each 
State may enforce the uniform national standards and re-
quirements under this Act. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
SEC. 4. UNIFORM NATIONAL STANDARDS AND REQUIRE-
MENTS 
FOR 
THE 
REGULATION 
OF 
DIS-
CHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF A VESSEL. 
(a) REQUIREMENTS.— 
(1) BALLAST WATER MANAGEMENT REQUIRE-
MENTS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the requirements set 
forth in the final rule, Standards for Living Or-
ganisms in Ships’ Ballast Water Discharged in 
U.S. Waters (77 Fed. Reg. 17254 (March 23, 
2012), as corrected at 77 Fed. Reg. 33969 
(June 8, 2012)), shall be the management re-
quirements for a ballast water discharge inci-
dental to the normal operation of a vessel until 
the Secretary revises the ballast water perform-
ance standard under subsection (b) or adopts a 
more stringent State standard under subpara-
graph (B) of this paragraph. 
(B) ADOPTION
OF
MORE
STRINGENT 
STATE STANDARD.—If the Secretary makes a 
determination in favor of a State petition under 
section 9, the Secretary shall adopt the more 
stringent ballast water performance standard 
specified in the statute or regulation that is the 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
subject of that State petition in lieu of the bal-
last water performance standard in the final 
rule described under subparagraph (A). 
(2) INITIAL MANAGEMENT REQUIREMENTS FOR 
DISCHARGES OTHER THAN BALLAST WATER.—Not 
later than 2 years after the date of enactment of 
this Act, the Secretary, in consultation with the Ad-
ministrator, shall issue a final rule establishing best 
management practices for discharges incidental to 
the normal operation of a vessel other than ballast 
water. 
(b) REVISED
BALLAST
WATER
PERFORMANCE 
STANDARD; 8-YEAR REVIEW.— 
(1) IN GENERAL.—Subject to the feasibility re-
view under paragraph (2), not later than January 1, 
2022, the Secretary, in consultation with the Admin-
istrator, shall issue a final rule revising the ballast 
water performance standard under subsection (a)(1) 
so that a ballast water discharge incidental to the 
normal operation of a vessel will contain— 
(A) less than 1 living organism per 10 
cubic meters that is 50 or more micrometers in 
minimum dimension; 
(B) less than 1 living organism per 10 mil-
liliters that is less than 50 micrometers in min-
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
imum dimension and more than 10 micrometers 
in minimum dimension; 
(C) concentrations of indicator microbes 
that are less than— 
(i) 
colony-forming 
unit 
of 
toxicogenic Vibrio cholera (serotypes O1 
and O139) per 100 milliliters or less than 
1 colony-forming unit of that microbe per 
gram of wet weight of zoological samples; 
(ii) 126 colony-forming units of esch-
erichia coli per 100 milliliters; and 
(iii) 33 colony-forming units of intes-
tinal enterococci per 100 milliliters; and 
(D) concentrations of such additional indi-
cator microbes and of viruses as may be speci-
fied in regulations issued by the Secretary in 
consultation with the Administrator and such 
other Federal agencies as the Secretary and the 
Administrator consider appropriate. 
(2) FEASIBILITY REVIEW.— 
(A) IN GENERAL.—Not less than 2 years 
before January 1, 2022, the Secretary, in con-
sultation with the Administrator, shall complete 
a review to determine the feasibility of achiev-
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
ing the revised ballast water performance stand-
ard under paragraph (1). 
(B) CRITERIA FOR REVIEW OF BALLAST 
WATER
PERFORMANCE
STANDARD.—In con-
ducting a review under subparagraph (A), the 
Secretary shall consider whether revising the 
ballast water performance standard will result 
in a scientifically demonstrable and substantial 
reduction in the risk of introduction or estab-
lishment of aquatic nuisance species, taking 
into account— 
(i) improvements in the scientific un-
derstanding of biological and ecological 
processes that lead to the introduction or 
establishment of aquatic nuisance species; 
(ii) improvements in ballast water 
treatment technology, including— 
(I) the capability of such treat-
ment technology to achieve a revised 
ballast water performance standard; 
(II) the effectiveness and reli-
ability of such treatment technology in 
the shipboard environment; 
(III) the compatibility of such 
treatment technology with the design 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
and operation of a vessel by class, 
type, and size; 
(IV) the commercial availability 
of such treatment technology; and 
(V) the safety of such treatment 
technology; 
(iii) improvements in the capabilities 
to detect, quantify, and assess the viability 
of aquatic nuisance species at the con-
centrations under consideration; 
(iv) the impact of ballast water treat-
ment technology on water quality; and 
(v) the costs, cost-effectiveness, and 
impacts of— 
(I) a revised ballast water per-
formance standard, including the po-
tential impacts on shipping, trade, 
and other uses of the aquatic environ-
ment; and 
(II) maintaining the existing bal-
last water performance standard, in-
cluding the potential impacts on 
water-related 
infrastructure, 
recre-
ation, propagation of native fish, 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
shellfish, and wildlife, and other uses 
of navigable waters. 
(C) 
LOWER
REVISED
PERFORMANCE 
STANDARD.— 
(i) IN GENERAL.—If the Secretary, in 
consultation with the Administrator, deter-
mines on the basis of the feasibility review 
and after an opportunity for a public hear-
ing that no ballast water treatment tech-
nology can be certified under section 5 to 
comply with the revised ballast water per-
formance standard under paragraph (1), 
the Secretary shall require the use of the 
treatment technology that achieves the per-
formance levels of the best treatment tech-
nology available. 
(ii) IMPLEMENTATION DEADLINE.—If 
the Secretary, in consultation with the Ad-
ministrator, determines that the treatment 
technology under clause (i) cannot be im-
plemented before the implementation dead-
line under paragraph (3) with respect to a 
class of vessels, the Secretary shall extend 
the implementation deadline for that class 
of vessels for not more than 36 months. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(iii) COMPLIANCE.—If the implemen-
tation deadline under paragraph (3) is ex-
tended, the Secretary shall recommend ac-
tion to ensure compliance with the ex-
tended 
implementation 
deadline 
under 
clause (ii). 
(D) 
HIGHER
REVISED
PERFORMANCE 
STANDARD.— 
(i) IN GENERAL.—If the Secretary, in 
consultation with the Administrator, deter-
mines that ballast water treatment tech-
nology exists that exceeds the revised bal-
last water performance standard under 
paragraph (1) with respect to a class of 
vessels, the Secretary shall revise the bal-
last water performance standard for that 
class of vessels to incorporate the higher 
performance standard. 
(ii) IMPLEMENTATION DEADLINE.—If 
the Secretary, in consultation with the Ad-
ministrator, determines that the treatment 
technology under clause (i) can be imple-
mented before the implementation deadline 
under paragraph (3) with respect to a 
class of vessels, the Secretary shall accel-
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
erate the implementation deadline for that 
class of vessels. If the implementation 
deadline under paragraph (3) is acceler-
ated, the Secretary shall provide not less 
than 24 months notice before the acceler-
ated deadline takes effect. 
(3) IMPLEMENTATION DEADLINE.—The revised 
ballast water performance standard under paragraph 
(1) shall apply to a vessel beginning on the date of 
the first drydocking of the vessel on or after Janu-
ary 1, 2022, but not later than December 31, 2024. 
(4) REVISED
PERFORMANCE
STANDARD
COM-
PLIANCE DEADLINES.— 
(A) IN GENERAL.—The Secretary may es-
tablish a compliance deadline for compliance by 
a vessel (or a class, type, or size of vessel) with 
a revised ballast water performance standard 
under this subsection. 
(B) PROCESS
FOR
GRANTING
EXTEN-
SIONS.—In issuing regulations under this sub-
section, the Secretary shall establish a process 
for an owner or operator to submit a petition 
to the Secretary for an extension of a compli-
ance deadline with respect to the vessel of the 
owner or operator. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(C) PERIOD OF EXTENSIONS.—An exten-
sion issued under subparagraph (B) may— 
(i) apply for a period of not to exceed 
18 months from the date of the applicable 
deadline under subparagraph (A); and 
(ii) be renewable for an additional pe-
riod of not to exceed 18 months. 
(D) FACTORS.—In issuing a compliance 
deadline or reviewing a petition under this 
paragraph, the Secretary shall consider, with 
respect to the ability of an owner or operator to 
meet a compliance deadline, the following fac-
tors: 
(i) Whether the treatment technology 
to be installed is available in sufficient 
quantities to meet the compliance deadline. 
(ii) Whether there is sufficient ship-
yard or other installation facility capacity. 
(iii) Whether there is sufficient avail-
ability of engineering and design resources. 
(iv) Vessel characteristics, such as en-
gine room size, layout, or a lack of in-
stalled piping. 
(v) Electric power generating capacity 
aboard the vessel. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(vi) Safety of the vessel and crew. 
(E) CONSIDERATION OF PETITIONS.— 
(i) DETERMINATIONS.—The Secretary 
shall approve or deny a petition for an ex-
tension of a compliance deadline submitted 
by an owner or operator under this para-
graph. 
(ii) DEADLINE.—If the Secretary does 
not approve or deny a petition referred to 
in clause (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) FUTURE REVISIONS
OF VESSEL INCIDENTAL 
DISCHARGE STANDARDS; DECENNIAL REVIEWS.— 
(1) REVISED BALLAST WATER PERFORMANCE 
STANDARDS.—The Secretary, in consultation with 
the Administrator, shall complete a review, 10 years 
after the issuance of a final rule under subsection 
(b) and every 10 years thereafter, to determine 
whether further revision of the ballast water per-
formance standard would result in a scientifically de-
monstrable and substantial reduction in the risk of 
the introduction or establishment of aquatic nui-
sance species. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(2) REVISED
STANDARDS
FOR
DISCHARGES 
OTHER THAN BALLAST WATER.—The Secretary, in 
consultation with the Administrator, may include in 
a decennial review under this subsection best man-
agement practices for discharges covered by sub-
section (a)(2). The Secretary shall initiate a rule-
making to revise 1 or more best management prac-
tices for such discharges after a decennial review if 
the Secretary, in consultation with the Adminis-
trator, determines that revising 1 or more of such 
practices would substantially reduce the impacts on 
navigable waters of discharges incidental to the nor-
mal operation of a vessel other than ballast water. 
(3) CONSIDERATIONS.—In conducting a review 
under paragraph (1), the Secretary, the Adminis-
trator, and the heads of other appropriate Federal 
agencies as determined by the Secretary, shall con-
sider the criteria under section 4(b)(2)(B). 
(4) REVISION
AFTER
DECENNIAL
REVIEW.— 
The Secretary shall initiate a rulemaking to revise 
the current ballast water performance standard after 
a decennial review if the Secretary, in consultation 
with the Administrator, determines that revising the 
current ballast water performance standard would 
result in a scientifically demonstrable and substan-
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
tial reduction in the risk of the introduction or es-
tablishment of aquatic nuisance species. 
SEC. 5. TREATMENT TECHNOLOGY CERTIFICATION. 
(a) CERTIFICATION REQUIRED.—Beginning 60 days 
after the date that the requirements for testing protocols 
are issued under subsection (i), no manufacturer of a bal-
last water treatment 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 ballast water treatment technology for a vessel 
unless the treatment technology has been certified under 
this section. 
(b) CERTIFICATION PROCESS.— 
(1) EVALUATION.—Upon application of a man-
ufacturer, the Secretary shall evaluate a ballast 
water treatment technology with respect to— 
(A) the effectiveness of the treatment tech-
nology in achieving the current ballast water 
performance standard when installed on a ves-
sel (or a class, type, or size of vessel); 
(B) the compatibility with vessel design 
and operations; 
(C) the effect of the treatment technology 
on vessel safety; 
(D) the impact on the environment; 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(E) the cost effectiveness; and 
(F) any other criteria the Secretary con-
siders appropriate. 
(2) APPROVAL.—If after an evaluation under 
paragraph (1) the Secretary determines that the 
treatment technology meets the criteria, the Sec-
retary may certify the treatment technology for use 
on a vessel (or a class, type, or size of vessel). 
(3) SUSPENSION AND REVOCATION.—The Sec-
retary shall establish, by regulation, a process to 
suspend or revoke a certification issued under this 
section. 
(c) CERTIFICATION CONDITIONS.— 
(1) IMPOSITION OF CONDITIONS.—In certifying 
a ballast water treatment technology under this sec-
tion, the Secretary, in consultation with the Admin-
istrator, may impose any condition on the subse-
quent installation, use, or maintenance of the treat-
ment technology onboard a vessel as is necessary 
for— 
(A) the safety of the vessel, the crew of the 
vessel, and any passengers aboard the vessel; 
(B) the protection of the environment; or 
(C) the effective operation of the treatment 
technology. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(2) FAILURE TO COMPLY.—The failure of an 
owner or operator to comply with a condition im-
posed under paragraph (1) shall be considered a vio-
lation of this section. 
(d) PERIOD FOR USE OF INSTALLED TREATMENT 
EQUIPMENT.—Notwithstanding anything to the contrary 
in this Act or any other provision of law, the Secretary 
shall allow a vessel on which a system is installed and op-
erated to meet a ballast water performance standard 
under this Act to continue to use that system, notwith-
standing any revision of a ballast water performance 
standard occurring after the system is ordered or installed 
until the expiration of the service life of the system, as 
determined by the Secretary, so long as the system— 
(1) is maintained in proper working condition; 
and 
(2) is maintained and used in accordance with 
the manufacturer’s specifications and any treatment 
technology certification conditions imposed by the 
Secretary under this section. 
(e) CERTIFICATES
OF TYPE APPROVAL
FOR
THE 
TREATMENT TECHNOLOGY.— 
(1) ISSUANCE.—If the Secretary approves a 
ballast water treatment technology for certification 
under subsection (b), the Secretary shall issue a cer-
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
tificate of type approval for the treatment technology 
to the manufacturer in such form and manner as the 
Secretary determines appropriate. 
(2) CERTIFICATION CONDITIONS.—A certificate 
of type approval issued under paragraph (1) shall 
specify each condition imposed by the Secretary 
under subsection (c). 
(3) OWNERS
AND
OPERATORS.—A manufac-
turer that receives a certificate of type approval for 
the treatment technology under this subsection shall 
provide a copy of the certificate to each owner and 
operator of a vessel on which the treatment tech-
nology is installed. 
(f) INSPECTIONS.—An owner or operator who re-
ceives a copy of a certificate under subsection (e)(3) shall 
retain a copy of the certificate onboard the vessel and 
make the copy of the certificate available for inspection 
at all times while the owner or operator is utilizing the 
treatment technology. 
(g) BIOCIDES.—The Secretary may not approve a 
ballast water treatment technology under subsection (b) 
if— 
(1) it uses a biocide or generates a biocide that 
is a pesticide, as defined in section 2 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
U.S.C. 136), unless the biocide is registered under 
that Act or the Secretary, in consultation with the 
Administrator, has approved the use of the biocide 
in such treatment technology; or 
(2) it uses or generates a biocide the discharge 
of which causes or contributes to a violation of a 
water quality standard under section 303 of the 
Federal Water Pollution Control Act (33 U.S.C. 
1313). 
(h) PROHIBITION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the use of a ballast water treatment tech-
nology by an owner or operator of a vessel shall not 
satisfy the requirements of this Act unless it has 
been approved by the Secretary under subsection 
(b). 
(2) EXCEPTIONS.— 
(A) COAST
GUARD
SHIPBOARD
TECH-
NOLOGY EVALUATION PROGRAM.—An owner or 
operator may use a ballast water treatment 
technology that has not been certified by the 
Secretary to comply with the requirements of 
this section if the technology is being evaluated 
under the Coast Guard Shipboard Technology 
Evaluation Program. 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(B) BALLAST WATER TREATMENT TECH-
NOLOGIES CERTIFIED BY FOREIGN ENTITIES.— 
An owner or operator may use a ballast water 
treatment technology that has not been certified 
by the Secretary to comply with the require-
ments of this section if the technology has been 
certified by a foreign entity and the certification 
demonstrates performance and safety of the 
treatment technology equivalent to the require-
ments of this section, as determined by the Sec-
retary. 
(i) TESTING PROTOCOLS.—Not later than 180 days 
after the date of enactment of this Act, the Administrator, 
in consultation with the Secretary, shall issue require-
ments for land-based and shipboard testing protocols or 
criteria for— 
(1) certifying the performance of each ballast 
water treatment technology under this section; and 
(2) certifying laboratories to evaluate such 
treatment technologies. 
SEC. 6. EXEMPTIONS. 
(a) IN GENERAL.—No permit shall be required or 
prohibition enforced under any other provision of law for, 
nor shall any standards regarding a discharge incidental 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
to the normal operation of a vessel under this Act apply 
to— 
(1) a discharge incidental to the normal oper-
ation of a vessel if the vessel is less than 79 feet in 
length and engaged in commercial service (as de-
fined in section 2101(5) of title 46, United States 
Code); 
(2) a discharge incidental to the normal oper-
ation of a vessel if the vessel is a fishing vessel, in-
cluding a fish processing vessel and a fish tender 
vessel (as defined in section 2101 of title 46, United 
States Code); 
(3) a discharge incidental to the normal oper-
ation of a vessel if the vessel is a recreational vessel 
(as defined in section 2101(25) of title 46, United 
States Code); 
(4) the placement, release, or discharge of 
equipment, devices, or other material from a vessel 
for the sole purpose of conducting research on the 
aquatic environment or its natural resources in ac-
cordance with generally recognized scientific meth-
ods, principles, or techniques; 
(5) any discharge into navigable waters from a 
vessel authorized by an on-scene coordinator in ac-
cordance with part 300 of title 40, Code of Federal 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
Regulations, or part 153 of title 33, Code of Federal 
Regulations; 
(6) any discharge into navigable waters from a 
vessel that is necessary to secure the safety of the 
vessel or human life, or to suppress a fire onboard 
the vessel or at a shoreside facility; or 
(7) a vessel of the armed forces of a foreign na-
tion when engaged in noncommercial service. 
(b) BALLAST WATER DISCHARGES.—No permit shall 
be required or prohibition enforced under any other provi-
sion of law for, nor shall any ballast water performance 
standards under this Act apply to— 
(1) a ballast water discharge incidental to the 
normal operation of a vessel determined by the Sec-
retary to— 
(A) operate exclusively within a geographi-
cally limited area; 
(B) take up and discharge ballast water 
exclusively within 1 Captain of the Port Zone 
established by the Coast Guard unless the Sec-
retary determines such discharge poses a sub-
stantial risk of introduction or establishment of 
an aquatic nuisance species; 
(C) operate pursuant to a geographic re-
striction issued as a condition under section 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
3309 of title 46, United States Code, or an 
equivalent restriction issued by the country of 
registration of the vessel; or 
(D) continuously take on and discharge 
ballast water in a flow-through system that 
does not introduce aquatic nuisance species into 
navigable waters; 
(2) a ballast water discharge incidental to the 
normal operation of a vessel consisting entirely of 
water suitable for human consumption; or 
(3) a ballast water discharge incidental to the 
normal operation of a vessel in an alternative com-
pliance program established pursuant to section 7. 
(c) VESSELS WITH PERMANENT BALLAST WATER.— 
No permit shall be required or prohibition enforced under 
any other provision of law for, nor shall any ballast water 
performance standard under this Act apply to, a vessel 
that carries all of its permanent ballast water in sealed 
tanks that are not subject to discharge. 
(d) VESSELS OF THE ARMED FORCES.—Nothing in 
this Act shall be construed to apply to the following ves-
sels: 
(1) A vessel owned or operated by the Depart-
ment of Defense (other than a time-chartered or 
voyage-chartered vessel). 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(2) A vessel of the Coast Guard, as designated 
by the Secretary of the department in which the 
Coast Guard is operating. 
SEC. 7. ALTERNATIVE COMPLIANCE PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Administrator, may promulgate regulations es-
tablishing 1 or more compliance programs as an alter-
native to ballast water management regulations issued 
under section 4 for a vessel that— 
(1) has a maximum ballast water capacity of 
less than 8 cubic meters; 
(2) is less than 3 years from the end of the use-
ful life of the vessel, as determined by the Secretary; 
or 
(3) discharges ballast water into a facility for 
the reception of ballast water that meets standards 
promulgated by the Administrator, in consultation 
with the Secretary. 
(b) PROMULGATION OF FACILITY STANDARDS.—Not 
later than 1 year after the date of enactment of this Act, 
the Administrator, in consultation with the Secretary, 
shall promulgate standards for— 
(1) the reception of ballast water from a vessel 
into a reception facility; and 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(2) the disposal or treatment of the ballast 
water under paragraph (1). 
SEC. 8. JUDICIAL REVIEW. 
(a) IN GENERAL.—An interested person may file a 
petition for review of a final regulation promulgated under 
this Act in the United States Court of Appeals for the 
District of Columbia Circuit. 
(b) DEADLINE.—A petition shall be filed not later 
than 120 days after the date that notice of the promulga-
tion appears in the Federal Register. 
(c) EXCEPTION.—Notwithstanding subsection (b), a 
petition that is based solely on grounds that arise after 
the deadline to file a petition under subsection (b) has 
passed may be filed not later than 120 days after the date 
that the grounds first arise. 
SEC. 9. EFFECT ON STATE AUTHORITY. 
(a) IN GENERAL.—No State or political subdivision 
thereof may adopt or enforce any statute or regulation of 
the State or political subdivision with respect to a dis-
charge incidental to the normal operation of a vessel after 
the date of enactment of this Act. 
(b) SAVINGS CLAUSE.—Notwithstanding subsection 
(a), a State or political subdivision thereof may enforce 
a statute or regulation of the State or political subdivision 
with respect to ballast water discharges incidental to the 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
normal operation of a vessel that specifies a ballast water 
performance standard that is more stringent than the bal-
last water performance standard under section 4(a)(1)(A) 
and is in effect on the date of enactment of this Act if 
the Secretary, after consultation with the Administrator 
and any other Federal department or agency the Secretary 
considers appropriate, makes a determination that— 
(1) compliance with any performance standard 
specified in the statute or regulation can in fact be 
achieved and detected; 
(2) the technology and systems necessary to 
comply with the statute or regulation are commer-
cially available; and 
(3) the statute or regulation is consistent with 
obligations under relevant international treaties or 
agreements to which the United States is a party. 
(c) PETITION PROCESS.— 
(1) SUBMISSION.—The Governor of a State 
seeking to enforce a statute or regulation under sub-
section (b) shall submit a petition requesting the 
Secretary to review the statute or regulation. 
(2) CONTENTS; DEADLINE.—A petition shall— 
(A) be accompanied by the scientific and 
technical information on which the petition is 
based; and 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS
(B) be submitted to the Secretary not later 
than 90 days after the date of enactment of 
this Act. 
(3) DETERMINATIONS.—The Secretary shall 
make a determination on a petition under this sub-
section not later than 90 days after the date that 
the petition is received. 
SEC. 10. APPLICATION WITH OTHER STATUTES. 
Notwithstanding any other provision of law, this Act 
shall be the exclusive statutory authority for regulation by 
the Federal Government of discharges incidental to the 
normal operation of a vessel to which this Act applies. Ex-
cept as provided under section 4(a)(1)(A), any regulation 
in effect on the date immediately preceding the effective 
date of this Act relating to any permitting requirement 
for or prohibition on discharges incidental to the normal 
operation of a vessel to which this Act applies shall be 
deemed to be a regulation issued pursuant to the authority 
of this Act and shall remain in full force and effect unless 
or until superseded by new regulations issued hereunder. 
Æ 
VerDate Sep 11 2014 
02:18 Oct 01, 2014
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6301
E:\BILLS\H5609.IH
H5609
SSpencer on DSK4SPTVN1PROD with BILLS