[Pages S436-S440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3170. Mr. SULLIVAN (for himself, Mrs. Capito, and Mr. Casey) 
submitted an amendment intended to be proposed by him to the bill S. 
2012, to provide for the modernization of the energy policy of the 
United States, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

               TITLE VI--VESSEL INCIDENTAL DISCHARGE ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. 602. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Since the enactment of the Act to Prevent Pollution 
     from Ships (22 U.S.C. 1901 et seq.) in 1980, the United 
     States Coast Guard has been the principal Federal authority 
     charged with administering, enforcing, and prescribing 
     regulations relating to the discharge of pollutants from 
     vessels engaged in maritime commerce and transportation.
       (2) The Coast Guard estimates there are approximately 
     21,560,000 State-registered recreational vessels, 75,000 
     commercial fishing vessels, and 33,000 freight and tank 
     barges operating in United States waters.
       (3) From 1973 to 2005, certain discharges incidental to the 
     normal operation of a vessel were exempted by regulation from 
     otherwise applicable permitting requirements.
       (4) During the 32 years during which this regulatory 
     exemption was in effect, Congress enacted several statutes to 
     deal with the regulation of discharges incidental to the 
     normal operation of a vessel, including--
       (A) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) in 1980;
       (B) the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.);
       (C) the National Invasive Species Act of 1996 (110 Stat. 
     4073);
       (D) section 415 of the Coast Guard Authorization Act of 
     1998 (112 Stat. 3434) and section 623 of the Coast Guard and 
     Maritime Transportation Act of 2004 (33 U.S.C. 1901 note), 
     which established interim and permanent requirements, 
     respectively, for the regulation of vessel discharges of 
     certain bulk cargo residue;
       (E) title XIV of division B of Appendix D of the 
     Consolidated Appropriations Act, 2001 (114 Stat. 2763), which 
     prohibited or limited certain vessel discharges in certain 
     areas of Alaska;
       (F) section 204 of the Maritime Transportation Security Act 
     of 2002 (33 U.S.C. 1902a), which established requirements for 
     the regulation of vessel discharges of agricultural cargo 
     residue material in the form of hold washings; and
       (G) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.), which provided for the 
     implementation of the International Convention on the Control 
     of Harmful Anti-Fouling Systems on Ships, 2001.
       (b) Purpose.--The purpose of this title is to provide for 
     the establishment of nationally uniform and environmentally 
     sound

[[Page S437]]

     standards and requirements for the management of discharges 
     incidental to the normal operation of a vessel.

     SEC. 603. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen) that threatens the diversity or abundance of native 
     species or the ecological stability of navigable waters or 
     commercial, agricultural, aquacultural, or recreational 
     activities dependent on such waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any water 
     and water-suspended matter taken aboard a vessel--
       (i) to control or maintain trim, list, draught, stability, 
     or stresses of the vessel; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast water treatment technology of the vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any substance 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 title.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' 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 discharge standard established under 
     subsection (a)(1)(B), (b), or (c) of section 605.
       (5) Ballast water management system; management system.--
     The terms ``ballast water management system'' and 
     ``management system'' mean any system, including all ballast 
     water treatment equipment and associated control and 
     monitoring equipment, used to process ballast water to kill, 
     remove, render harmless, or avoid the uptake or discharge of 
     organisms.
       (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 management system to 
     reduce or eliminate aquatic nuisance species as part of the 
     process used to comply with a ballast water discharge 
     standard under this title.
       (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, 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 vessel;
       (II) 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
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters 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 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, incinerator ash, or other such 
     material discharged 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 Pollution Control Act (33 U.S.C. 1322(a)(6)); or
       (IV) graywater referred to in section 312(a)(6) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6));

       (ii) an emission of an air pollutant resulting 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 authorized route such as the 
     Great Lakes and St. Lawrence River, that prevents a vessel 
     from operating 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 ``manufacturer'' means a person 
     engaged in the manufacture, assemblage, or importation of 
     ballast water treatment technology.
       (10) Navigable waters.--The term ``navigable waters'' has 
     the meaning given the term in section 2.36 of title 33, Code 
     of Federal Regulations, as in effect on the date of the 
     enactment of this Act.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.
       (12) Vessel.--The term ``vessel'' means every description 
     of watercraft or other artificial contrivance used, or 
     practically or otherwise capable of being used, as a means of 
     transportation on water.

     SEC. 604. REGULATION AND ENFORCEMENT.

       (a) In General.--
       (1) Establishment.--The Secretary, in consultation with the 
     Administrator, shall establish, implement, and enforce 
     uniform national standards and requirements for the 
     regulation of discharges incidental to the normal operation 
     of a vessel.
       (2) Basis.--Except as provided under paragraph (3), the 
     standards and requirements established under paragraph (1)--
       (A) with respect to ballast water, shall be based upon the 
     best available technology that is economically achievable;
       (B) with respect to discharges incidental to the normal 
     operation of a vessel other than ballast water, shall be 
     based on best management practices; and
       (C) shall supersede any permitting requirement or 
     prohibition on discharges incidental to the normal operation 
     of a vessel under any other provision of law.
       (3) Rule of construction.--The standards and requirements 
     established under paragraph (1) shall not supersede 
     regulations, in place on the date of the enactment of this 
     Act or established by a rulemaking proceeding after such date 
     of enactment, which cover a discharge in a national marine 
     sanctuary or in a marine national monument.
       (b) Administration and Enforcement.--The Secretary shall 
     administer and enforce the uniform national standards and 
     requirements under this title. Each State may enforce the 
     uniform national standards and requirements under this title.
       (c) Sanctions.--
       (1) Civil penalties.--
       (A) Ballast water.--Any person who violates a regulation 
     issued pursuant to this title regarding a discharge 
     incidental to the normal operation of a vessel of ballast 
     water shall be liable for a civil penalty in an amount not to 
     exceed $25,000. Each day of a continuing violation 
     constitutes a separate violation.
       (B) Other discharge.--Any person who violates a regulation 
     issued pursuant to this title regarding a discharge 
     incidental to the normal operation of a vessel other than 
     ballast water shall be liable for a civil penalty in an 
     amount not to exceed $10,000. Each day of a continuing 
     violation constitutes a separate violation.
       (C) In rem liability.--A vessel operated in violation of a 
     regulation issued under this title shall be liable in rem for 
     any civil penalty assessed under this subsection for that 
     violation.
       (2) Criminal penalties.--
       (A) Ballast water.--Any person who knowingly violates a 
     regulation issued pursuant to this title regarding a 
     discharge incidental to the normal operation of a vessel of 
     ballast water shall be punished by a fine of not more than 
     $100,000, imprisonment for not more than 2 years, or both.
       (B) Other discharge.--Any person who knowingly violates a 
     regulation issued pursuant to this title regarding a 
     discharge incidental to the normal operation of a vessel 
     other than ballast water shall be punished by a fine of not 
     more than $50,000, imprisonment for not more than 1 year, or 
     both.
       (3) Revocation of clearance.--The Secretary shall withhold 
     or revoke the clearance of a vessel required under section 
     60105 of title 46, United States Code, if the owner or 
     operator of the vessel is in violation of a regulation issued 
     pursuant to this Act.
       (4) Exception to sanctions.--It shall be an affirmative 
     defense to any charge of a violation of this title that 
     compliance with this title would, because of adverse weather, 
     equipment failure, or any other relevant condition, have 
     threatened the safety or stability of a vessel, its crew, or 
     its passengers.

     SEC. 605. UNIFORM NATIONAL STANDARDS AND REQUIREMENTS FOR THE 
                   REGULATION OF DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A VESSEL.

       (a) Requirements.--
       (1) Ballast water management requirements.--
       (A) In general.--Notwithstanding any other provision of 
     law, the requirements set forth in the final rule, Standards 
     for Living Organisms 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 requirements for a ballast water discharge 
     incidental to the normal operation of

[[Page S438]]

     a vessel until the Secretary revises the ballast water 
     discharge standard under subsection (b) or adopts a more 
     stringent State standard under subparagraph (B).
       (B) Adoption of more stringent state standard.--If the 
     Secretary makes a determination in favor of a State petition 
     under section 610, the Secretary shall adopt the more 
     stringent ballast water discharge standard specified in the 
     statute or regulation that is the subject of that State 
     petition instead of the ballast water discharge 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 Administrator, 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 Discharge Standard; 8-Year 
     Review.--
       (1) In general.--Subject to the feasibility review under 
     paragraph (2), not later than January 1, 2024, the Secretary, 
     in consultation with the Administrator, shall issue a final 
     rule revising the ballast water discharge 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 organism that is living or has not been 
     rendered harmless per 10 cubic meters that is 50 or more 
     micrometers in minimum dimension;
       (B) less than 1 organism that is living or has not been 
     rendered harmless per 10 milliliters that is less than 50 
     micrometers in minimum dimension and more than 10 micrometers 
     in minimum dimension;
       (C) concentrations of indicator microbes that are less 
     than--
       (i) 1 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 Escherichia coli per 100 
     milliliters; and
       (iii) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and
       (D) concentrations of such additional indicator microbes 
     and of viruses as may be specified 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, 
     2024, the Secretary, in consultation with the Administrator, 
     shall complete a review to determine the feasibility of 
     achieving the revised ballast water discharge standard under 
     paragraph (1).
       (B) Criteria for review of ballast water discharge 
     standard.--In conducting a review under subparagraph (A), the 
     Secretary shall consider whether revising the ballast water 
     discharge standard will result in a scientifically 
     demonstrable and substantial reduction in the risk of 
     introduction or establishment of aquatic nuisance species, 
     taking into account--
       (i) improvements in the scientific understanding of 
     biological and ecological processes that lead to the 
     introduction or establishment of aquatic nuisance species;
       (ii) improvements in ballast water management systems, 
     including--

       (I) the capability of such management systems to achieve a 
     revised ballast water discharge standard;
       (II) the effectiveness and reliability of such management 
     systems in the shipboard environment;
       (III) the compatibility of such management systems with the 
     design and operation of a vessel by class, type, and size;
       (IV) the commercial availability of such management 
     systems; and
       (V) the safety of such management systems;

       (iii) improvements in the capabilities to detect, quantify, 
     and assess the viability of aquatic nuisance species at the 
     concentrations under consideration;
       (iv) the impact of ballast water management systems on 
     water quality; and
       (v) the costs, cost-effectiveness, and impacts of--

       (I) a revised ballast water discharge standard, including 
     the potential impacts on shipping, trade, and other uses of 
     the aquatic environment; and
       (II) maintaining the existing ballast water discharge 
     standard, including the potential impacts on water-related 
     infrastructure, recreation, propagation of native fish, 
     shellfish, and wildlife, and other uses of navigable waters.

       (C) Lower revised discharge standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines on the basis of the feasibility 
     review and after an opportunity for a public hearing that no 
     ballast water management system can be certified under 
     section 606 to comply with the revised ballast water 
     discharge standard under paragraph (1), the Secretary shall 
     require the use of the management system that achieves the 
     performance levels of the best available technology that is 
     economically achievable.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     management system under clause (i) cannot be implemented 
     before the implementation deadline 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.
       (iii) Compliance.--If the implementation deadline under 
     paragraph (3) is extended, the Secretary shall recommend 
     action to ensure compliance with the extended implementation 
     deadline under clause (ii).
       (D) Higher revised discharge standard.--
       (i) In general.--If the Secretary, in consultation with the 
     Administrator, determines that a ballast water management 
     system exists that exceeds the revised ballast water 
     discharge standard under paragraph (1) with respect to a 
     class of vessels and is the best available technology that is 
     economically achievable, the Secretary shall revise the 
     ballast water discharge standard for that class of vessels to 
     incorporate the higher discharge standard.
       (ii) Implementation deadline.--If the Secretary, in 
     consultation with the Administrator, determines that the 
     management system under clause (i) can be implemented before 
     the implementation deadline under paragraph (3) with respect 
     to a class of vessels, the Secretary shall accelerate the 
     implementation deadline for that class of vessels. If the 
     implementation deadline under paragraph (3) is accelerated, 
     the Secretary shall provide not less than 24 months notice 
     before the accelerated deadline takes effect.
       (3) Implementation deadline.--The revised ballast water 
     discharge standard under paragraph (1) shall apply to a 
     vessel beginning on the date of the first drydocking of the 
     vessel on or after January 1, 2024, but not later than 
     December 31, 2026.
       (4) Revised discharge standard compliance deadlines.--
       (A) In general.--The Secretary may establish a compliance 
     deadline for compliance by a vessel (or a class, type, or 
     size of vessel) with a revised ballast water discharge 
     standard under this subsection.
       (B) Process for granting extensions.--In issuing 
     regulations under this subsection, the Secretary shall 
     establish a process for an owner or operator to submit a 
     petition to the Secretary for an extension of a compliance 
     deadline with respect to the vessel of the owner or operator.
       (C) Period of extensions.--An extension 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 period 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 factors:
       (i) Whether the management system to be installed is 
     available in sufficient quantities to meet the compliance 
     deadline.
       (ii) Whether there is sufficient shipyard or other 
     installation facility capacity.
       (iii) Whether there is sufficient availability of 
     engineering and design resources.
       (iv) Vessel characteristics, such as engine room size, 
     layout, or a lack of installed piping.
       (v) Electric power generating capacity aboard the vessel.
       (vi) Safety of the vessel and crew.
       (vii) Any other factors the Secretary considers 
     appropriate, including the availability of a ballast water 
     reception facility or other means of managing ballast water.
       (E) Consideration of petitions.--
       (i) Determinations.--The Secretary shall approve or deny a 
     petition for an extension of a compliance deadline submitted 
     by an owner or operator under this paragraph.
       (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 discharge 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 
     discharge standard would result in a scientifically 
     demonstrable and substantial reduction in the risk of the 
     introduction or establishment of aquatic nuisance species.
       (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 management practices for discharges covered 
     by subsection (a)(2). The Secretary shall initiate a 
     rulemaking to revise 1 or more best management practices for 
     such discharges after a decennial review if the Secretary, in 
     consultation with the Administrator, determines that revising 
     1 or more of such practices would substantially reduce the 
     impacts on navigable waters of discharges incidental to the 
     normal operation of a vessel other than ballast water.
       (3) Considerations.--In conducting a review under paragraph 
     (1), the Secretary, the Administrator, and the heads of other 
     Federal agencies as the Secretary considers appropriate, 
     shall consider the criteria under section 605(b)(2)(B).

[[Page S439]]

       (4) Revision after decennial review.--The Secretary shall 
     initiate a rulemaking to revise the current ballast water 
     discharge standard after a decennial review if the Secretary, 
     in consultation with the Administrator, determines that 
     revising the current ballast water discharge standard would 
     result in a scientifically demonstrable and substantial 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species.
       (d) Alternative Ballast Water Management Requirements.--
     Nothing in this title may be construed to preclude the 
     Secretary from authorizing the use of alternate means or 
     methods of managing ballast water (including flow-through 
     exchange, empty/refill exchange, and transfer to treatment 
     facilities in place of a vessel ballast water management 
     system required under this section) if the Secretary, in 
     consultation with the Administrator, determines that such 
     means or methods would not pose a greater risk of 
     introduction of aquatic nuisance species in navigable waters 
     than the use of a ballast water management system that 
     achieves the applicable ballast water discharge standard.
       (e) Great Lakes Requirements.--In addition to the other 
     standards and requirements imposed by this section, in the 
     case of a vessel that enters the Great Lakes through the St. 
     Lawrence River after operating outside the exclusive economic 
     zone of the United States the Secretary, in consultation with 
     the Administrator, shall establish a requirement that the 
     vessel conduct saltwater flushing of all ballast water tanks 
     onboard prior to entry.

     SEC. 606. TREATMENT TECHNOLOGY CERTIFICATION.

       (a) Certification Required.--Beginning on the date that is 
     1 year after the date on which the requirements for testing 
     protocols are issued under subsection (i), no manufacturer of 
     a ballast water management system 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 management system for a vessel unless 
     it has been certified under this section.
       (b) Certification Process.--
       (1) Evaluation.--Upon application of a manufacturer, the 
     Secretary shall evaluate a ballast water management system 
     with respect to--
       (A) the effectiveness of the management system in achieving 
     the current ballast water discharge standard when installed 
     on a vessel (or a class, type, or size of vessel);
       (B) the compatibility with vessel design and operations;
       (C) the effect of the management system on vessel safety;
       (D) the impact on the environment;
       (E) the cost effectiveness; and
       (F) any other criteria the Secretary considers appropriate.
       (2) Approval.--If after an evaluation under paragraph (1) 
     the Secretary determines that the management system meets the 
     criteria, the Secretary may certify the management system for 
     use on a vessel (or a class, type, or size of vessel).
       (3) Suspension and revocation.--The Secretary 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 management system under this section, the Secretary, in 
     consultation with the Administrator, may impose any condition 
     on the subsequent installation, use, or maintenance of the 
     management system 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 management system.
       (2) Failure to comply.--The failure of an owner or operator 
     to comply with a condition imposed under paragraph (1) shall 
     be considered a violation of this section.
       (d) Period for Use of Installed Treatment Equipment.--
     Notwithstanding anything to the contrary in this title or any 
     other provision of law, the Secretary shall allow a vessel on 
     which a management system is installed and operated to meet a 
     ballast water discharge standard under this title to continue 
     to use that system, notwithstanding any revision of a ballast 
     water discharge standard occurring after the management 
     system is ordered or installed until the expiration of the 
     service life of the management system, as determined by the 
     Secretary, if the management system--
       (1) is maintained in proper working condition; and
       (2) is maintained and used in accordance with the 
     manufacturer's specifications and any management system 
     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 
     management system for certification under subsection (b), the 
     Secretary shall issue a certificate of type approval for the 
     management system 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 manufacturer that receives a 
     certificate of type approval for the management system under 
     this subsection shall provide a copy of the certificate to 
     each owner and operator of a vessel on which the management 
     system is installed.
       (f) Inspections.--An owner or operator who receives 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 management system.
       (g) Biocides.--The Secretary may not approve a ballast 
     water management system 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 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Secretary, in consultation with Administrator, has approved 
     the use of the biocide in such management system; 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 paragraph (2), the 
     use of a ballast water management system by an owner or 
     operator of a vessel shall not satisfy the requirements of 
     this title unless it has been approved by the Secretary under 
     subsection (b).
       (2) Exceptions.--
       (A) Coast guard shipboard technology evaluation program.--
     An owner or operator may use a ballast water management 
     system 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.
       (B) Ballast water management systems certified by foreign 
     entities.--An owner or operator may use a ballast water 
     management system that has not been certified by the 
     Secretary to comply with the requirements of this section if 
     the management system has been certified by a foreign entity 
     and the certification demonstrates performance and safety of 
     the management system equivalent to the requirements of this 
     section, as determined by the Secretary.
       (i) Testing Protocols.--Not later than 180 days after the 
     date of the enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall issue requirements for 
     land-based and shipboard testing protocols or criteria for--
       (1) certifying the performance of each ballast water 
     management system under this section; and
       (2) certifying laboratories to evaluate such treatment 
     technologies.

     SEC. 607. EXEMPTIONS.

       (a) Incidental Discharges.--Except in a national marine 
     sanctuary or a marine national monument, no permit shall be 
     required or prohibition enforced under any other provision of 
     law for, nor shall any standards regarding a discharge 
     incidental to the normal operation of a vessel under this 
     title apply to--
       (1) a discharge incidental to the normal operation of a 
     vessel if the vessel is less than 79 feet in length and 
     engaged in commercial service (as such terms are defined in 
     section 2101(5) of title 46, United States Code);
       (2) a discharge incidental to the normal operation of a 
     vessel if the vessel is a fishing vessel, including a fish 
     processing vessel and a fish tender vessel, (as defined in 
     section 2101 of title 46, United States Code); or
       (3) a discharge incidental to the normal operation of a 
     vessel if the vessel is a recreational vessel (as defined in 
     section 2101(25) of title 46, United States Code).
       (b) Discharges Into Navigable Waters.--No permit shall be 
     required or prohibition enforced under any other provision of 
     law for, nor shall any standards regarding a discharge 
     incidental to the normal operation of a vessel under this 
     title apply to--
       (1) any discharge into navigable waters from a vessel 
     authorized by an on-scene coordinator in accordance with part 
     300 of title 40, Code of Federal Regulations, or part 153 of 
     title 33, Code of Federal Regulations;
       (2) 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
       (3) a vessel of the armed forces of a foreign nation when 
     engaged in noncommercial service.
       (c) Ballast Water Discharges.--No permit shall be required 
     or prohibition enforced under any other provision of law for, 
     nor shall any ballast water discharge standard under this 
     title apply to--
       (1) a ballast water discharge incidental to the normal 
     operation of a vessel determined by the Secretary to--
       (A) operate exclusively within a geographically limited 
     area;
       (B) take up and discharge ballast water exclusively within 
     1 Captain of the Port Zone established by the Coast Guard 
     unless the Secretary determines such discharge poses a 
     substantial risk of introduction or establishment of an 
     aquatic nuisance species;
       (C) operate pursuant to a geographic restriction issued as 
     a condition under section 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;

[[Page S440]]

       (2) a ballast water discharge incidental to the normal 
     operation of a vessel consisting entirely of water sourced 
     from a United States public water system that meets the 
     requirements under the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.) or from a foreign public water system 
     determined by the Administrator to be suitable for human 
     consumption; or
       (3) a ballast water discharge incidental to the normal 
     operation of a vessel in an alternative compliance program 
     established pursuant to section 608.
       (d) Vessels With Permanent Ballast Water.--No permit shall 
     be required or prohibition enforced regarding a ballast water 
     discharge incidental to the normal operation of a vessel 
     under any other provision of law for, nor shall any ballast 
     water discharge standard under this title apply to, a vessel 
     that carries all of its permanent ballast water in sealed 
     tanks that are not subject to discharge.
       (e) Vessels of the Armed Forces.--Nothing in this title may 
     be construed to apply to--
       (1) a vessel owned or operated by the Department of Defense 
     (other than a time-chartered or voyage-chartered vessel); or
       (2) a vessel of the Coast Guard, as designated by the 
     Secretary of the department in which the Coast Guard is 
     operating.

     SEC. 608. ALTERNATIVE COMPLIANCE PROGRAM.

       (a) In General.--The Secretary, in consultation with the 
     Administrator, may promulgate regulations establishing 1 or 
     more compliance programs as an alternative to ballast water 
     management regulations issued under section 605 for a vessel 
     that--
       (1) has a maximum ballast water capacity of less than 8 
     cubic meters; or
       (2) is less than 3 years from the end of the useful life of 
     the vessel, as determined by the Secretary.
       (b) Rulemaking.--
       (1) Facility standards.--Not later than 1 year after the 
     date of the enactment of this Act, the Administrator, in 
     consultation with the Secretary, shall promulgate standards 
     for--
       (A) the reception of ballast water from a vessel into a 
     reception facility; and
       (B) the disposal or treatment of the ballast water under 
     paragraph (1).
       (2) Transfer standards.--The Secretary, in consultation 
     with the Administrator, is authorized to promulgate standards 
     for the arrangements necessary on a vessel to transfer 
     ballast water to a facility.

     SEC. 609. JUDICIAL REVIEW.

       (a) In General.--An interested person may file a petition 
     for review of a final regulation promulgated under this title 
     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 promulgation 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. 610. 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 discharge 
     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 adopt or enforce a 
     statute or regulation of the State or political subdivision 
     with respect to ballast water discharges incidental to the 
     normal operation of a vessel that specifies a ballast water 
     discharge standard that is more stringent than the ballast 
     water discharge standard under section 605(a)(1)(A) 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 discharge 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 commercially 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 adopt 
     or enforce a statute or regulation under subsection (b) shall 
     submit a petition to the Secretary requesting the Secretary 
     to review the statute or regulation.
       (2) Contents; timing.--A petition shall be accompanied by 
     the scientific and technical information on which the 
     petition is based, and may be submitted within 1 year of the 
     date of enactment of this Act and every 10 years thereafter.
       (3) Determinations.--The Secretary shall make a 
     determination on a petition under this subsection not later 
     than 90 days after the date on which the Secretary determines 
     that a complete petition has been received.

     SEC. 611. APPLICATION WITH OTHER STATUTES.

       (a) Exclusive Statutory Authority.--Except as otherwise 
     provided in this section and notwithstanding any other 
     provision of law, this title 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 title applies.
       (b) Effect of Existing Regulations.--Except as provided 
     under section 605(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 title applies--
       (1) shall be deemed to be a regulation issued pursuant to 
     the authority of this title; and
       (2) shall remain in full force and effect unless or until 
     superseded by new regulations issued under this title.
       (c) Act to Prevent Pollution From Ships.--The Act to 
     Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) shall 
     be the exclusive statutory authority for the regulation by 
     the Federal Government of any discharge or emission that is 
     covered under the International Convention for the Prevention 
     of Pollution from Ships, 1973, as modified by the Protocol of 
     1978, done at London February 17, 1978. Nothing in this title 
     may be construed to alter or amend such Act or any regulation 
     issued pursuant to the authority of such Act.
       (d) Title X of the Coast Guard and Maritime Transportation 
     Act of 2010.--Title X of the Coast Guard and Maritime 
     Transportation Act of 2010 (33 U.S.C. 3801 et seq.) shall be 
     the exclusive statutory authority for the regulation by the 
     Federal Government of any anti-fouling system that is covered 
     under the International Convention on the Control of Harmful 
     Anti-Fouling Systems on Ships, 2001. Nothing in this title 
     may be construed to alter or amend such title X or any 
     regulation issued pursuant to the authority under such title.

     SEC. 612. CONFORMING AMENDMENT.

       Section 1205 of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 1425) is 
     repealed.

     SEC. 613. SAVINGS PROVISION.

       Any action taken by the Federal Government under this Act 
     shall be in full compliance with its obligations under 
     applicable provisions of international law.
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