[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3464 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3464
To amend the Federal Water Pollution Control Act with respect to
discharges incidental to the normal operation of certain vessels.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 13, 2013
Mr. LoBiondo (for himself and Mr. Larsen of Washington) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act with respect to
discharges incidental to the normal operation of certain vessels.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Vessel Discharges Reform
Act of 2013''.
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED
VESSEL.
(a) Discharges Incidental to the Normal Operation 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 Operation of a Covered
Vessel.--No permit shall be required 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 covered 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 following
definitions apply:
``(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 normal operation
of a covered vessel.--
``(i) In general.--The term `discharge
incidental to the normal operation of a covered
vessel' means--
``(I) a discharge into navigable
waters from a covered vessel of--
``(aa)(AA) graywater
(except graywater referred to
in section 312(a)(6)), 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, distillation
and reverse osmosis brine,
elevator pit effluent, firemain
system effluent, freshwater
layup effluent, gas turbine
wash water, motor gasoline and
compensating effluent,
refrigeration and air
condensate effluent, seawater
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
associated with the operation
of a marine propulsion system,
shipboard maneuvering system,
habitability system, or
installed major equipment, or
from a protective,
preservative, or absorptive
application to the hull of a
covered vessel;
``(bb) weather deck runoff,
deck wash, aqueous film forming
foam effluent, chain locker
effluent, non-oily machinery
wastewater, underwater ship
husbandry effluent, welldeck
effluent, or fish hold and fish
hold cleaning effluent; or
``(cc) any effluent from a
properly functioning marine
engine; or
``(II) a discharge of a pollutant
into navigable waters in connection
with the testing, maintenance, and
repair of a system, equipment, or an
engine described in item (aa)(BB) or
(cc) of subclause (I) whenever the
covered vessel is waterborne.
``(ii) Exclusion.--The term `discharge
incidental to the normal operation of a covered
vessel' does not include--
``(I) a discharge into navigable
waters from a covered vessel of--
``(aa) ballast water;
``(bb) rubbish, trash,
garbage, incinerator ash, or
other such material discharged
overboard;
``(cc) oil or a hazardous
substance within the meaning of
section 311; or
``(dd) sewage within the
meaning of section 312;
``(II) an emission of an air
pollutant resulting from the operation
onboard a covered vessel of a vessel
propulsion system, motor driven
equipment, or incinerator; or
``(III) a discharge into navigable
waters from a covered vessel when the
covered vessel is operating in a
capacity other than as a means of
transportation on water.
``(2) Determination of discharges subject to best
management practices.--
``(A) Determination.--
``(i) In general.--The Administrator, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, shall determine the discharges
incidental to the normal operation of a covered
vessel for which it is reasonable and
practicable to develop best management
practices to mitigate the adverse impacts of
such discharges on the waters of the United
States.
``(ii) Promulgation.--The Administrator
shall promulgate the determinations under
clause (i) in accordance with section 553 of
title 5, United States Code.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator 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
management practice in reducing adverse impacts
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
operation, operational capability, or safety of
the vessel;
``(vi) applicable Federal and State law;
``(vii) applicable international standards;
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 subsection; and
``(ii) every 5 years thereafter--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on any new
information available to the
Administrator.
``(3) Regulations for the use of best management
practices.--
``(A) In general.--The Secretary of the department
in which the Coast Guard is operating, in consultation
with the Administrator, 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).
``(B) Regulations.--
``(i) In general.--The Secretary shall
promulgate the regulations under this paragraph
as soon as practicable after the Administrator
makes determinations pursuant to paragraph (2).
``(ii) Considerations.--In promulgating
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
necessary 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 covered vessel.
``(5) Prohibition relating to covered vessels.--After the
effective date of the regulations promulgated 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 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 meeting standards established under
this subsection.''.
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