HR 2840 IHRHCommentsClose CommentsPermalink

Union Calendar No. 178CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2840CommentsClose CommentsPermalink

[Report No. 112-266]CommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to regulate discharges from commercial vessels, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 2, 2011CommentsClose CommentsPermalink

Mr. LOBIONDO (for himself, Mr. MICA, and Mr. GIBBS) introduced the following billCommentsClose CommentsPermalink

September 6, 2011CommentsClose CommentsPermalink

Referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

November 3, 2011CommentsClose CommentsPermalink

Additional sponsors: Mr. LANDRY, Mr. LATOURETTE, Mr. COOPER, Ms. HERRERA BEUTLER, and Mr. CRAVAACKCommentsClose CommentsPermalink

November 3, 2011CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

[For text of introduced bill, see copy of bill as introduced on September 2, 2011]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to regulate discharges from commercial vessels, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Commercial Vessel Discharges Reform Act of 2011’. CommentsClose CommentsPermalink

SEC. 2. DISCHARGES FROM COMMERCIAL VESSELS.

Title III of the Federal Water Pollution Control Act (33 U.S.C. 1311 et seq.) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 321. DISCHARGES FROM COMMERCIAL VESSELS.

‘(a) Definitions- In this section, the following definitions apply: CommentsClose CommentsPermalink





‘(1) 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. CommentsClose CommentsPermalink





‘(2) BALLAST WATER- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘ballast water’ means any water (including any sediment suspended in such water) taken aboard a commercial vessel-- CommentsClose CommentsPermalink





‘(i) to control trim, list, draught, stability, or stresses of the vessel; or CommentsClose CommentsPermalink





‘(ii) during the cleaning, maintenance, or other operation of a ballast water treatment system of the vessel. CommentsClose CommentsPermalink





‘(B) EXCLUSION- 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 certified under subsection (e). CommentsClose CommentsPermalink





‘(3) BALLAST WATER CAPACITY- The term ‘ballast water capacity’ means the total volumetric capacity of the ballast water treatment system of a commercial vessel.‘(4) BALLAST WATER PERFORMANCE STANDARD- The term ‘ballast water performance standard’ or ‘performance standard’ means a numerical ballast water performance standard specified under subsection (c) or established under subsection (d). CommentsClose CommentsPermalink





‘(54) BALLAST WATER TREATMENT SYSTEM- The term ‘ballast water treatment system’ means any equipment on board a commercial vessel (including all compartments, piping, spaces, tanks, and multi-use compartments, piping, spaces, and tanks) that is-- CommentsClose CommentsPermalink





‘(A) designed for loading, carrying, treating, or discharging ballast water.‘(6); and CommentsClose CommentsPermalink





‘(B) installed and operated to meet a ballast water performance standard. CommentsClose CommentsPermalink





‘(5) BALLAST WATER TREATMENT TECHNOLOGY- The term ‘ballast water treatment technology’ or ‘treatment technology’ means any mechanical, physical, chemical, or biological process used, either singularly or in combination, to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water. CommentsClose CommentsPermalink





‘(76) 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 as part of the treatment process used to comply with a ballast water performance standard under this section. CommentsClose CommentsPermalink





‘(87) COMMERCIAL VESSEL- The term ‘commercial 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 undersection 2101 of title 46, United States Code). CommentsClose CommentsPermalink





‘(98) CONSTRUCTED- The term ‘constructed’ means a state of construction of a commercial vessel at which-- CommentsClose CommentsPermalink





‘(A) the keel is laid; CommentsClose CommentsPermalink





‘(B) construction identifiable with the specific vessel begins; CommentsClose CommentsPermalink





‘(C) assembly of the vessel has begun comprising at least 50 tons or 1 percent of the estimated mass of all structural material of the vessel, whichever is less; or CommentsClose CommentsPermalink





‘(D) the vessel undergocommences a major conversion. CommentsClose CommentsPermalink





‘(109) DISCHARGE INCIDENTAL TO THE NORMAL OPERATION OF A COMMERCIAL VESSEL- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘discharge incidental to the normal operation of a commercial vessel’ means-- CommentsClose CommentsPermalink





‘(i) a discharge into navigable waters from a commercial vessel of-- CommentsClose CommentsPermalink





‘(I)(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 CommentsClose CommentsPermalink





‘(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 commercial vessel; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(III) any effluent from a properly functioning marine engine; or CommentsClose CommentsPermalink





‘(ii) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, and repair of a system, equipment, or engine described in subclause (I)(bb) or (III) of clause (i) whenever the commercial vessel is waterborne. CommentsClose CommentsPermalink





‘(B) EXCLUSION- The term ‘discharge incidental to the normal operation of a commercial vessel’ does not include-- CommentsClose CommentsPermalink





‘(i) a discharge into navigable waters from a commercial vessel of-- CommentsClose CommentsPermalink





‘(I) ballast water; CommentsClose CommentsPermalink





‘(II) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; CommentsClose CommentsPermalink





‘(III) oil or a hazardous substance within the meaning of section 311; or CommentsClose CommentsPermalink





‘(IV) sewage within the meaning of section 312; or CommentsClose CommentsPermalink





‘(ii) an emission of an air pollutant resulting from the operation onboard a commercial vessel of a vessel propulsion system, motor driven equipment, or incinerator. CommentsClose CommentsPermalink





‘(10) EXISTING COMMERCIAL VESSEL- The term ‘existing commercial vessel’ means a commercial vessel constructed prior to January 1, 2012. CommentsClose CommentsPermalink





‘(11) GEOGRAPHICALLY LIMITED AREA- The term ‘geographically limited area’ means an area-- CommentsClose CommentsPermalink





‘(A) with a physical limitation, such as a navigation lock, that prevents a commercial vessel from operating outside the area, as determined by the Secretary; or CommentsClose CommentsPermalink





‘(B) that is ecologically homogeneous, as determined by the SecretaryAdministrator, in consultation with the AdministratorSecretary. CommentsClose CommentsPermalink





‘(12) MAJOR CONVERSION- The term ‘major conversion’ means a conversion of a commercial vessel that-- CommentsClose CommentsPermalink





‘(A) changes its ballast water capacity by at least 15 percent; or‘(B) is projected to prolong or more; or CommentsClose CommentsPermalink





‘(B) prolongs the life of the commercial vessel by at least 10 years or more, as determined by the Secretary. CommentsClose CommentsPermalink





‘(13) MANUFACTURER- The term ‘manufacturer’ means a person engaged in the manufacturing, assembling, or importation of a ballast water treatment technology. CommentsClose CommentsPermalink





‘(14) NAVIGABLE WATERS- The term ‘navigable waters’ includes the exclusive economic zone, as defined insection 107 of title 46, United States Code. CommentsClose CommentsPermalink





‘(15) NONINDIGENOUS SPECIES- The term ‘nonindigenous species’ means a species or other viable biological material that enters an ecosystem beyond its historic range. CommentsClose CommentsPermalink





‘(156) OWNER OR OPERATOR- The term ‘owner or operator’ means a person owning, operating, or chartering by demise a commercial vessel. CommentsClose CommentsPermalink





‘(167) SECRETARY- The term ‘Secretary’ means the Secretary of the department in which the Coast Guard is operating. CommentsClose CommentsPermalink





‘(18) VESSEL GENERAL PERMIT- The term ‘Vessel General Permit’ means the Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels issued by the Administrator under section 402 for ballast water and other discharges incidental to the normal operation of vessels, as in effect on December 19, 2008, for all jurisdictions except Alaska and Hawaii, and February 6, 2009, for Alaska and Hawaii. CommentsClose CommentsPermalink





‘(b) General Provisions- CommentsClose CommentsPermalink





‘(1) BALLAST WATER DISCHARGE REQUIREMENTS FOR COMMERCIAL VESSELS- An owner or operator may discharge ballast water from a commercial vessel into navigable waters only if-- CommentsClose CommentsPermalink





‘(A) the discharge-- CommentsClose CommentsPermalink





‘(i) meets the ballast water performance standard; CommentsClose CommentsPermalink





‘(ii) is made pursuant to the safety exemption established by subsection (c)(2); CommentsClose CommentsPermalink





‘(iii) meets the requirements of an alternative method of compliance established for the commercial vessel under subsection (f); or CommentsClose CommentsPermalink





‘(iv) is made pursuant to a determination that the commercial vessel meets the requirements relating to geographically limited areas under subsection (g); or‘(v) is made into an onshore or offshore facility that meets applicable standards, as described in subsection (h); and CommentsClose CommentsPermalink





‘(B) the owner or operator discharges the ballast water in accordance with a ballast water management plan approved under subsection (i). CommentsClose CommentsPermalink





‘(2) APPLICABILITY- CommentsClose CommentsPermalink





‘(A) COVERED VESSELS- Paragraph (1) shall apply to the owner or operator of a commercial vessel that is designed, constructed, or adapted to carry ballast water if the commercial vessel is-- CommentsClose CommentsPermalink





‘(i) documented under the laws of the United States; or CommentsClose CommentsPermalink





‘(ii) operating in navigable waters on a voyage to or from a point in the United States. CommentsClose CommentsPermalink





‘(B) EXEMPTED VESSELS- Paragraph (1) shall not apply to the owner or operator of-- CommentsClose CommentsPermalink





‘(i) a commercial vessel that carries all of its ballast water in sealed tanks that are not subject to discharge; CommentsClose CommentsPermalink





‘(ii) a commercial vessel that continuously takes on and discharges ballast water in a flow-through system; CommentsClose CommentsPermalink





‘(iii) any vessel in the National Defense Reserve Fleet that is scheduled to be disposed of through scrapping or sinking; CommentsClose CommentsPermalink





‘(iv) a commercial vessel that discharges ballast water consisting solely of water-- CommentsClose CommentsPermalink





‘(I) taken aboard from a municipal or commercial source; and CommentsClose CommentsPermalink





‘(II) that, at the time the water is taken aboard, meets the applicable regulations or permit requirements for such source under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and section 402 of this Act; or CommentsClose CommentsPermalink





‘(v) a commercial vessel that is 3 years or fewer from the end of its useful life, as determined by the Secretary, on the date on which the regulations issued under paragraph (3) become effective for the vessel pursuant to the implementation schedule issued under paragraph (3)(B). CommentsClose CommentsPermalink





‘(C) LIMITATION- An exemption under subparagraph (B)(v) shall cease to be effective on the date that is 3 years after the date on which the regulations under paragraph (3) become effective for the commercial vessel pursuant to the implementation schedule issued under paragraph (3)(B). CommentsClose CommentsPermalink





‘(3) ISSUANCE OF REGULATIONS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Administrator, shall issue final regulations to implement the requirements of this section. CommentsClose CommentsPermalink





‘(B) IMPLEMENTATION SCHEDULE- Regulations issued under this paragraph shall include an implementation schedule by commercial vessel class, type, or size.‘(C) PROPOSED RULE- For the purposes of chapter 5 of title 5, United States Code, the proposed rulemaking published by the Coast Guard on August 28, 2009 (74 Fed. Reg. 44632; relating to standards for living organisms in ships’ ballast water discharged in U.S. waters), shall serve as a proposed rule for the purposes of issuing regulations under this section. CommentsClose CommentsPermalink





‘(4) COMPLIANCE SCHEDULES- CommentsClose CommentsPermalink





‘(A) INITIAL PERFORMANCE STANDARD COMPLIANCE DEADLINES- CommentsClose CommentsPermalink





‘(i) IN GENERAL- An owner or operator shall comply with the performance standard established under subsection (c) on or before the deadline that applies to the commercial vessel of the owner or operator, as specified in clause (ii). CommentsClose CommentsPermalink





‘(ii) DEADLINES- The deadlines for compliance with the performance standard established under subsection (c) are as follows: CommentsClose CommentsPermalink





‘(I) For a commercial vessel constructed on or after January 1, 2012, the date of delivery of the vessel. CommentsClose CommentsPermalink





‘(II) For an existing commercial vessel with a ballast water capacity of less than 1,500 cubic meters, the date of the first drydocking of the vessel after January 1, 2016. CommentsClose CommentsPermalink





‘(III) For an existing commercial vessel with a ballast water capacity of at least 1,500 cubic meters but not more than 5,000 cubic meters, the date of the first drydocking of the vessel after January 1, 2014. CommentsClose CommentsPermalink





‘(IV) For an existing commercial vessel with a ballast water capacity of greater than 5,000 cubic meters, the date of the first drydocking of the vessel after January 1, 2016. CommentsClose CommentsPermalink





‘(iii) REGULATIONS- In issuing regulations under paragraph (3), the Secretary shall include a compliance schedule that sets forth the deadlines specified in clause (ii). CommentsClose CommentsPermalink





‘(B) REVISED PERFORMANCE STANDARD COMPLIANCE DEADLINES- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Upon revision of a performance standard under subsection (d), the Secretary, in consultation with the Administrator, shall issue a compliance schedule that establishes deadlines for an owner or operator to comply with the revised performance standard. CommentsClose CommentsPermalink





‘(ii) FACTORS- In issuing a compliance schedule under this subparagraph, the Secretary-- CommentsClose CommentsPermalink





‘(I) shall consider the factors identified in subparagraph (C)(iv); and CommentsClose CommentsPermalink





‘(II) may establish different compliance deadlines based on vessel class, type, or size. CommentsClose CommentsPermalink





‘(iii) VESSELS CONSTRUCTED AFTER ISSUANCE OF REVISED PERFORMANCE STANDARDS- A compliance schedule issued under this subparagraph with respect to a revised performance standard shall require, at a minimum, the owner or operator of a commercial vessel that commences a major conversion or is constructed on or after the date of issuance of the revised performance standard to comply with the revised performance standard. CommentsClose CommentsPermalink





‘(C) EXTENSION OF COMPLIANCE DEADLINES- CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Secretary may extend a compliance deadline established under subparagraph (A) or (B) on the Secretary’s own initiative or in response to a petition submitted by an owner or operator. CommentsClose CommentsPermalink





‘(ii) PROCESSES FOR GRANTING EXTENSIONS- In issuing regulations under paragraph (3), the Secretary shall establish-- CommentsClose CommentsPermalink





‘(I) a process for the Secretary, in consultation with the Administrator, to issue an extension of a compliance deadline established under subparagraph (A) or (B) for a commercial vessel (or class, type, or size of vessel); and CommentsClose CommentsPermalink





‘(II) a process for an owner or operator to submit a petition to the Secretary for an extension of a compliance deadline established under subparagraph (A) or (B) with respect to the commercial vessel of the owner or operator. CommentsClose CommentsPermalink





‘(iii) PERIOD OF EXTENSIONS- An extension issued under this subparagraph shall-- CommentsClose CommentsPermalink





‘(I) apply for a period of not to exceed 18 months; and CommentsClose CommentsPermalink





‘(II) be renewable for an additional period of not to exceed 18 months. CommentsClose CommentsPermalink





‘(iv) FACTORS- In issuing an extension or reviewing a petition under this subparagraph, the Secretary shall consider, with respect to the ability of an owner or operator to meet a compliance deadline, the following factors: CommentsClose CommentsPermalink





‘(I) Whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline. CommentsClose CommentsPermalink





‘(II) Whether there is sufficient shipyard or other installation facility capacity. CommentsClose CommentsPermalink





‘(III) Whether there is sufficient availability of engineering and design resources. CommentsClose CommentsPermalink





‘(IV) Vessel characteristics, such as engine room size, layout, or a lack of installed piping. CommentsClose CommentsPermalink





‘(V) Electric power generating capacity aboard the vessel. CommentsClose CommentsPermalink





‘(VI) Safety of the vessel and crew. CommentsClose CommentsPermalink





‘(v) CONSIDERATION OF PETITIONS- CommentsClose CommentsPermalink





‘(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 subparagraph. CommentsClose CommentsPermalink





‘(II) DEADLINE- If the Secretary does not approve or deny a petition referred to in subclause (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. CommentsClose CommentsPermalink





‘(c) Ballast Water Performance Standard for Commercial Vessels- CommentsClose CommentsPermalink





‘(1) IN GENERAL- To meet the ballast water performance standard, an owner or operator shall-- CommentsClose CommentsPermalink





‘(A) conduct ballast water treatment before discharging ballast water from thea commercial vessel into navigable waters using a ballast water treatment technology certified for the vessel (or class, type, or size of vessel) under subsection (e); and CommentsClose CommentsPermalink





‘(B) ensure that any ballast water so discharged meets, at a minimum, the numerical ballast water performance standard set forth in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, as adopted on February 13, 2004, or a revised numerical ballast water performance standard established under subsection (d). CommentsClose CommentsPermalink





‘(2) SAFETY EXEMPTION- Notwithstanding paragraph (1), an owner or operator may discharge ballast water without regard to a ballast water performance standard if-- CommentsClose CommentsPermalink





‘(A) the discharge is done solely to ensure the safety of life at sea; CommentsClose CommentsPermalink





‘(B) the discharge is accidental and the result of damage to the commercial vessel or its equipment and-- CommentsClose CommentsPermalink





‘(i) all reasonable precautions to prevent or minimize the discharge have been taken; and CommentsClose CommentsPermalink





‘(ii) the owner or operator did not willfully or recklessly cause such damage; or CommentsClose CommentsPermalink





‘(C) the discharge is solely for the purpose of avoiding or minimizing discharge from the vessel of pollution that would otherwise violate applicable Federal or Staten applicable Federal or State law. CommentsClose CommentsPermalink





‘(d) Review of Performance Standard- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than January 1, 2016, and every 10 years thereafter, the Administrator, in consultation with the Secretary, shall complete a review to determine whether revising the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction andor establishment of aquatic nuisance species. CommentsClose CommentsPermalink





‘(2) CONSIDERATIONS- In conducting the review, the Administrator shall consider-- CommentsClose CommentsPermalink





‘(A) improvements in the scientific understanding of biological and ecological processes that lead to the introduction andor establishment of aquatic nuisance species; CommentsClose CommentsPermalink





‘(B) improvements in ballast water treatment technology, including-- CommentsClose CommentsPermalink





‘(i) the capability of such technology to achieve a revised ballast water performance standard; CommentsClose CommentsPermalink





‘(ii) the effectiveness and reliability of such technology in the shipboard environment; CommentsClose CommentsPermalink





‘(iii) the compatibility of such technology with the design and operation of commercial vessels by class, type, and size; CommentsClose CommentsPermalink





‘(iv) the commercial availability of such technology; and CommentsClose CommentsPermalink





‘(v) the safety of such technology; CommentsClose CommentsPermalink





‘(C) improvements in the capabilities to detect, quantify, and assess the viability of aquatic nuisance species at the concentrations under consideration; CommentsClose CommentsPermalink





‘(D) the impact of ballast water treatment technology on water quality; and CommentsClose CommentsPermalink





‘(E) the costs, cost-effectiveness, and impacts of-- CommentsClose CommentsPermalink





‘(i) a revised ballast water performance standard, including the potential impacts on shipping, trade, and other uses of the aquatic environment; and CommentsClose CommentsPermalink





‘(ii) maintaining the existing ballast water performance standard, including the potential impacts on water-related infrastructure, recreation, the propagation of native fish, shellfish, and wildlife, and other uses of navigable waters. CommentsClose CommentsPermalink





‘(3) REVISION OF PERFORMANCE STANDARD- CommentsClose CommentsPermalink





‘(A) RULEMAKING- If, pursuant to a review conducted under paragraph (1), the Administrator, in consultation with the Secretary, determines that revising the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction andor establishment of aquatic nuisance species, the Administrator shall undertake a rulemaking to revise the performance standard. CommentsClose CommentsPermalink





‘(B) LIMITATIONSPECIAL RULE- The Administrator may not issue a revised performance standard pursuant to this paragraph unless itthat applies to a commercial vessel constructed prior to the date on which the revised performance standard is issued unless the revised performance standard is at least 32 orders of magnitude more stringent than the performance standard in effect on the date that the review is completed. CommentsClose CommentsPermalink





‘(4) STATE PETITION FOR REVIEW OF PERFORMANCE STANDARDS- CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Governor of a State may submit a petition requesting that the Administrator review a ballast water performance standard if there is significant new information that could reasonably indicate the performance standard could be revised to result in a scientifically demonstrable and substantial reduction in the risk of the introduction andor establishment of aquatic nuisance species. CommentsClose CommentsPermalink





‘(B) TIMING- A Governor may not submit a petition under subparagraph (A) during the 1-year period following the date of completion of a review under paragraph (1). CommentsClose CommentsPermalink





‘(C) REQUIRED INFORMATION- A petition submitted to the Administrator under subparagraph (A) shall include the scientific and technical information on which the petition is based. CommentsClose CommentsPermalink





‘(D) REVIEW AND REPORTING- Not later than 30 days after the date ofUpon receipt of a petition from a Governor under subparagraph (A), the Administrator shall make publicly available a copy of the petition, including the scientific and technical information provided by the Governor under subparagraph (C). CommentsClose CommentsPermalink





‘(E) REVIEW AND REVISION OF PERFORMANCE STANDARDS- CommentsClose CommentsPermalink





‘(i) IN GENERAL- If, after receiving a petition submitted by a Governor under subparagraph (A) for review of a performance standard, the Administrator, in consultation with the Secretary, determines that the petition warrants additional action, the Administrator may-- CommentsClose CommentsPermalink





‘(I) in consultation with the Secretary, initiate a review of the performance standard under paragraph (1); and CommentsClose CommentsPermalink





‘(II) with the concurrence of the Secretary,in consultation with the Secretary, revise the performance standard through a rulemaking under paragraph (3)(A), subject to the limitation in paragraph (3)(B). CommentsClose CommentsPermalink





‘(ii) TREATMENT OF MORE THAN ONE PETITION AS A SINGLE PETITION- The Administrator may treat more than one petition as a single petition for review. CommentsClose CommentsPermalink





‘(e) Treatment Technology Certification- CommentsClose CommentsPermalink





‘(1) CERTIFICATION REQUIRED- CommentsClose CommentsPermalink





‘(A) CERTIFICATION PROCESS- CommentsClose CommentsPermalink





‘(i) EVALUATION- Upon application of thea manufacturer, the Secretary shall evaluate a ballast water treatment technology with respect to-- CommentsClose CommentsPermalink





‘(I) whether the treatment technology reliably meets the ballast water performance standard when installed on a commercial vessel (or a class, type, or size of commercial vessel); CommentsClose CommentsPermalink





‘(II) the effect of the treatment technology on commercial vessel safety; and CommentsClose CommentsPermalink





‘(III) any other criteria the Secretary considers appropriate. CommentsClose CommentsPermalink





‘(ii) CERTIFICATION- If, after conducting the evaluation required by clause (i), the Secretary determines the treatment technology meets the criteria established under such clause, the Secretary may certify the treatment technology for use on a commercial vessel (or a class, type, or size of commercial vessel). CommentsClose CommentsPermalink





‘(iii) SUSPENSION AND REVOCATION OF CERTIFICATION- The Secretary shall, by regulation, establish a process to suspend or revoke a certification issued under this subparagraph. CommentsClose CommentsPermalink





‘(B) CERTIFICATES OF TYPE APPROVAL- CommentsClose CommentsPermalink





‘(i) ISSUANCE OF CERTIFICATES TO MANUFACTURER- If the Secretary certifies a ballast water treatment technology under subparagraph (A), the Secretary shall issue to the manufacturer of the treatment technology, in such form and manner as the Secretary determines appropriate, a certificate of type approval for the treatment technology. CommentsClose CommentsPermalink





‘(ii) CONDITIONS TO BE INCLUDED IN CERTIFICATES- A certificate of type approval issued under clause (i) shall include any conditions that are imposed by the Secretary under paragraph (2). CommentsClose CommentsPermalink





‘(iii) ISSUANCE OF COPIES OF CERTIFICATES TO OWNERS AND OPERATORS- A manufacturer that receives a certificate of type approval under clause (i) for a ballast water treatment technology shall furnish a copy of the certificate to any owner or operator of a commercial vessel on which the treatment technology is installed. CommentsClose CommentsPermalink





‘(iv) INSPECTIONS- An owner or operator who receives a copy of a certificate under clause (iii) for a ballast water treatment technology installed on a commercial vessel shall retain a copy of the certificate onboard the commercial vessel and make the copy of the certificate available for inspection at all times that such owner or operator is utilizing the treatment technology. CommentsClose CommentsPermalink





‘(C) TREATMENT TECHNOLOGIES THAT USE OR GENERATE BIOCIDES- The Secretary shallmay not certify a ballast water treatment technology that-- CommentsClose CommentsPermalink





‘(i) 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 such Act or the Administrator has approved the use of such biocide in such treatment technology; or CommentsClose CommentsPermalink





‘(ii) uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section 303 of this Act. CommentsClose CommentsPermalink





‘(D) PROHIBITION- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided by clause (ii), an owner or operator may not use a ballast water treatment technology to comply with the requirements of this section unless the Secretary has certified the treatment technology under subparagraph (A). CommentsClose CommentsPermalink





‘(ii) EXCEPTIONS- CommentsClose CommentsPermalink





‘(I) COAST GUARD SHIPBOARD TECHNOLOGY 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. CommentsClose CommentsPermalink





‘(II) BALLAST WATER TREATMENT TECHNOLOGIES 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 requirements 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 requirements of this subsection, as determined by the Secretary. CommentsClose CommentsPermalink





‘(2) CERTIFICATION CONDITIONS- CommentsClose CommentsPermalink





‘(A) IMPOSITION OF CONDITIONS- In certifying a ballast water treatment technology under this subsection, the Secretary, in consultation with the Administrator, may impose any condition on the subsequent installation, use, or maintenance of the treatment technology onboard a commercial vessel as is necessary for-- CommentsClose CommentsPermalink





‘(i) the safety of the vessel, the crew of the vessel, and any passengers aboard the vessel; CommentsClose CommentsPermalink





‘(ii) the protection of the environment; and CommentsClose CommentsPermalink





‘(iii) the effective operation of the treatment technology. CommentsClose CommentsPermalink





‘(B) FAILURE TO COMPLY- The failure of an owner or operator to comply with a condition imposed under subparagraph (A) is a violation of this section. CommentsClose CommentsPermalink





‘(3) USE OF BALLAST WATER TREATMENT TECHNOLOGIES ONCE INSTALLED- CommentsClose CommentsPermalink





An owner or operator ‘(A) IN GENERAL- Subject to subparagraph (B), an owner or operator who installs a ballast water treatment technology that the Secretary has certified under paragraph (1) may use the treatment technology, notwithstanding any revisions to a ballast water performance standard occurring after the installation--‘(A) so long as the owner or operator-- CommentsClose CommentsPermalink





‘(i) maintains the treatment technology in proper working condition; and CommentsClose CommentsPermalink





‘(ii) maintains and uses the treatment technology in accordance with-- CommentsClose CommentsPermalink





‘(I) the manufacturer’s specifications; and CommentsClose CommentsPermalink





‘(II) any conditions imposed by the Secretary under paragraph (2); and‘(B) for a period of time not to exceed. CommentsClose CommentsPermalink





‘(B) LIMITATION- Subparagraph (A) shall cease to apply with respect to a commercial vessel after the first to occur of the following: CommentsClose CommentsPermalink





‘(i) The expiration of the service life of the ballast water treatment technology or the commercialf the vessel, as determined by the Secretary, whichever is less. CommentsClose CommentsPermalink





‘(ii) The expiration of service life of the vessel, as determined by the Secretary. CommentsClose CommentsPermalink





‘(iii) The completion of a major conversion of the vessel. CommentsClose CommentsPermalink





‘(4) TESTING PROTOCOLS- Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with the Secretary, shall issue guidelines specifying land-based and shipboard testing protocols or criteria for-- CommentsClose CommentsPermalink





‘(A) certifying the performance of ballast water treatment technologies under this subsection; and CommentsClose CommentsPermalink





‘(B) certifying laboratories to evaluate such treatment technologies. CommentsClose CommentsPermalink





‘(5) PROHIBITION- Following the date on which the requirements of subsection (b)(1) apply with respect to a commercial vessel pursuant to the implementation schedule issued under subsection (b)(3)(B), no manufacturer of a ballast 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 the commercial vessel unless the technology has been certified under this subsection. CommentsClose CommentsPermalink





‘(f) Alternative Methods of Compliance- CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Administrator, shall establish an alternative method of compliance with this section for--‘(A) a commercial vessel having a maximum ballast water capacity of less than 8 cubic meters; and

‘(B) a commercial vessel for which the Secretary determines that the ballast water treatment technology that is certified under this section--

‘(i) is not commercially available in sufficient quantities to meet the compliance deadline issued by the Secretary;

‘(ii) is not able to be installed to meet the compliance deadline promulgated by the Secretary due to--

‘(I) insufficient shipyard or other installation facility capacity;

‘(II) insufficient availability of engineering and design resources;

‘(III) vessel characteristics, such as engine room size, layout, or a lack of installed piping that makes the installation of the ballast water treatment technology impracticable; or

‘(IV) insufficient generation capacity aboard the vessel to power the ballast water treatment technology; or

‘(iii) would adversely affect the safe operation of the vessel.

‘(2). CommentsClose CommentsPermalink




‘(2) FACTORS FOR CONSIDERATION- In establishing an alternative method of compliance under paragraph (1), the Secretary shall consider-- CommentsClose CommentsPermalink





‘(A) the effectiveness of the alternative method in reducing the risk of the introduction andor establishment of aquatic nuisance species relative to the performance standard; and CommentsClose CommentsPermalink





‘(B) any other factor the Secretary considers appropriate. CommentsClose CommentsPermalink





‘(3) BEST MANAGEMENT PRACTICES- The Secretary may establish as an alternative method of compliance appropriate ballast water best management practices to minimize the introduction andor establishment of aquatic nuisance species. CommentsClose CommentsPermalink





‘(4) USE OF ALTERNATIVE METHOD-

‘(A) PETITION- In order to use an alternative method of compliance established under paragraph (1)(B), an owner or operator shall submit a petition to the Secretary requesting approval to use such alternative method.

‘(B) APPROVAL- If the Secretary determines that a commercial vessel for which a petition has been submitted under subparagraph (A) meets the criteria described in paragraph (1)(B), the Secretary may approve the petition and impose any conditions on such approval that the Secretary determines appropriate.

‘(C) DEADLINE- The Secretary shall make a determination under subparagraph (B) not later than 90 days after the date on which an owner or operator submits a petition under subparagraph (A). If the Secretary fails to make a determination by the end of the 90-day period, the petition shall be considered to be approved.

‘(g) Geographically Limited Areas- CommentsClose CommentsPermalink




‘(1) IN GENERAL- Subsections (c), (e), and (i) shall not apply to a commercial vessel that, as determined by the Secretary--‘(A)-- CommentsClose CommentsPermalink





‘(A) operates exclusively within a geographically limited area, as determined by the Secretary, in consultation with the Administrator; or CommentsClose CommentsPermalink





‘(B) operates pursuant to a geographic restriction issued for the commercial vessel undersection 3309 of title 46, United States Code. CommentsClose CommentsPermalink





‘(2) PETITION FOR DETERMINATION BY THE SECRETARY- CommentsClose CommentsPermalink





‘(A) SUBMISSION OF PETITIONS- Following the date of issuance of final regulations under subsection (b), an owner or operator may petition the Secretary for a determination under paragraph (1). CommentsClose CommentsPermalink





Not later than 90 days after receipt of such a petition, the Secretary shall respond to the petitioner with a determination regarding whether the commercial vessel that is the subject of the petition meets the requirements of paragraph (1). ‘(B) DETERMINATIONS- The Secretary shall approve or deny a petition submitted by an owner or operator under subparagraph (A). CommentsClose CommentsPermalink





‘(C) DEADLINE- If the Secretary fails to respond to a petition by the enddoes not approve or deny a petition submitted by an owner or operator under subparagraph (A) on or before the last day of the 90-day period beginning on the date of submission of the petition, the petition shall be considered to be grantdeemed approved. CommentsClose CommentsPermalink





‘(3) NOTIFICATION- The Secretary shall notify the Administrator and the Governor of each State the waters of which could be affected by the discharge of ballast water from a commercial vessel for which a petition has been granted under paragraph (2) of the granting of any such petition. CommentsClose CommentsPermalink





‘(h)4) BEST MANAGEMENT PRACTICES- For a commercial vessel for which a petition is granted under paragraph (2), the Secretary shall require the owner or operator to implement appropriate ballast water best management practices to minimize the introduction or establishment of aquatic nuisance species. CommentsClose CommentsPermalink





‘(h) Reception Facilities- CommentsClose CommentsPermalink





‘(1) IN GENERAL- An owner or operator shall discharge ballast water in compliance with subsection (c) or (f) unless discharging ballast water into-- CommentsClose CommentsPermalink





‘(A) an onshore facility for the reception of ballast water that meets standards issued by the Administrator, in consultation with the Secretary; or CommentsClose CommentsPermalink





‘(B) an offshore facility for the reception of ballast water that meets standards issued by the Secretary, in consultation with the Administrator. CommentsClose CommentsPermalink





‘(2) ISSUANCE OF STANDARDS- Not later than 2 years after the date of enactment of this section-- CommentsClose CommentsPermalink





‘(A) the Administrator, in consultation with the Secretary, shall issue the standards referred to in paragraph (1)(A); and CommentsClose CommentsPermalink





‘(B) the Secretary, in consultation with the Administrator, shall issue the standards referred to in paragraph (1)(B). CommentsClose CommentsPermalink





‘(3) SOLE METHOD OF DISCHARGE- The Secretary, in consultation with the Administrator, and upon petition by an owner or operator, may issue to an owner or operator a certificate stating that a commercial vessel is in compliance with the requirements of subsection (b)(1)(A) if discharging ballast water into a facility meeting the standards issued under this subsection is the sole method by which the owner or operator discharges ballast water from the commercial vessel. CommentsClose CommentsPermalink





‘(i) 4) BALLAST WATER MANAGEMENT PLANS- An owner or operator discharging ballast water under this subsection shall discharge such water in accordance with a ballast water management plan approved under subsection (i). CommentsClose CommentsPermalink





‘(i) Commercial Vessel Ballast Water Management Plan- CommentsClose CommentsPermalink





‘(1) IN GENERAL- An owner or operator shall discharge ballast water in accordance with a ballast water management plan that-- CommentsClose CommentsPermalink





‘(A) meets requirements prescribed by the Secretary; and CommentsClose CommentsPermalink





‘(B) is approved by the Secretary. CommentsClose CommentsPermalink





‘(2) FOREIGN COMMERCIAL VESSELS- The Secretary may approve a ballast water management plan for a foreign commercial vessel on the basis of a certificate of compliance issued by the country of registration of the commercial vessel if the requirements of the government of that country for a ballast water management plan are substantially equivalent to regulations issued by the Secretary. CommentsClose CommentsPermalink





‘(3) RECORDKEEPING- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided by subparagraph (B), an owner or operator shall maintain in English and have available for inspection by the Secretary a ballast water record book in which each operation of the commercial vessel involving a ballast water discharge is recorded in accordance with regulations issued by the Secretary. CommentsClose CommentsPermalink





‘(B) ALTERNATIVE MEANS OF RECORDKEEPING- The Secretary may provide for alternative methods of recordkeeping, including electronic recordkeeping, to comply with the requirements of this paragraph. CommentsClose CommentsPermalink





‘(j) Regulation of Ballast Water Discharges- Effective on and after the date of enactment of this section-- CommentsClose CommentsPermalink





‘(1) the Administrator (or a State in the case of a permit program approved under section 402) shall not require any new permit or permit condition under section 402 for any discharge of ballast water from a commercial vessel into navigable waters; and CommentsClose CommentsPermalink





‘(2) except as provided by subsection (k), a State or political subdivision thereof shall not adopt or enforce any law or regulation of the State or political subdivision with respect to such a discharge. CommentsClose CommentsPermalink





‘(k) State Authority- CommentsClose CommentsPermalink





‘(1) STATE PROGRAMS- The Governor of a State desiring to administer its own inspection and enforcement authority for ballast water discharges within its jurisdiction may submit to the Secretary a complete description of the program the Governor proposes to establish and administer under State law. In addition, the Governor shall submit a statement from the State attorney general that the laws of the State provide adequate authority to carry out the described program. CommentsClose CommentsPermalink





‘(2) APPROVAL- The Secretary, with the concurrence of the Administrator, may approve a program of a State submitted under paragraph (1) providing for the State’s own inspection and enforcement authority for ballast water discharges within its jurisdiction, if the Secretary determines that the State possesses adequate resources to-- CommentsClose CommentsPermalink





‘(A) inspect, monitor, and board a commercial vessel at any time, including the taking and testing of ballast water samples, to ensure the commercial vessel’s compliance with this section; CommentsClose CommentsPermalink





‘(B) ensure that any ballast water discharged within the waters subject to the jurisdiction of the State meets the requirements of this section; CommentsClose CommentsPermalink





‘(C) establish adequate procedures for reporting violations of this section; CommentsClose CommentsPermalink





‘(D) investigate and abate violations of this section, including the imposition of civil and criminal penalties consistent with this sectionsubsection (o); and CommentsClose CommentsPermalink





‘(E) ensure that the Secretary and the Administrator receive notice of each violation of this section in an expeditious manner. CommentsClose CommentsPermalink





‘(3) COMPLIANCE- Any State program approved under paragraph (2) shall at all times be conducted in accordance with this subsection. CommentsClose CommentsPermalink





‘(4) WITHDRAWAL OF APPROVAL- Whenever the Secretary, in consultation with the Administrator, determines, after providing notice and the opportunity for a public hearing, that a State is not administering a program in accordance with the terms of the program as approved under paragraph (2), the Secretary shall notify the State, and, if appropriate corrective action is not taken within a period of time not to exceed 90 days, the Secretary, with the concurrence of the Administrator, shall withdraw approval of the program. The Secretary shall not withdraw approval of a program unless the Secretary has first notified the State and made public, in writing, the reasons for the withdrawal. CommentsClose CommentsPermalink





‘(5) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection shall limit the authority of the Administrator or the Secretary to carry out inspections of any commercial vessel under subsection (mn). CommentsClose CommentsPermalink





‘(6) STATE LAWS- Notwithstanding any other provision of this section, a State may enact such laws as are necessary to provide for the implementation of the State ballast water inspection and enforcement program provided under this subsection. The requirements for a ballast water inspection and enforcement program contained in such State law shall be substantively and procedurally equivalent to those required in this section, and any requirements relating to recordkeeping, reporting, and sampling or analysis contained in such State law shall be substantively and procedurally equivalent to the requirements of this section and its implementing regulations and guidance. CommentsClose CommentsPermalink





‘(l) Discharges Incidental to the Normal Operations of a Commercial Vessel- CommentsClose CommentsPermalink





‘(1) EVALUATION OF INCIDENTAL DISCHARGES- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Not later than 3 years after the date of enactment of this section, the Administrator, in consultation with the Secretary, shall complete an evaluation of discharges incidental to the normal operation of a commercial vessel. CommentsClose CommentsPermalink





‘(B) FACTORS- In carrying out the evaluation, the Administrator shall analyze-- CommentsClose CommentsPermalink





‘(i) the characterization of the various types and composition of discharges incidental to the normal operation of a commercial vessel by different classes, types, and sizes of commercial vessels; CommentsClose CommentsPermalink





‘(ii) the volume of such discharges for representative individual commercial vessels and by classes, types, and sizes of commercial vessels in the aggregate; CommentsClose CommentsPermalink





‘(iii) the availability and feasibility of implementing technologies or best management practices for the control of such discharges; CommentsClose CommentsPermalink





‘(iv) the characteristics of the receiving waters of such discharges; CommentsClose CommentsPermalink





‘(v) the nature and extent of potential effects of such discharges on human health, welfare, and the environment; CommentsClose CommentsPermalink





‘(vi) the extent to which such discharges are currently subject to and addressed by regulations under existing Federal laws or binding international obligations of the United States; and CommentsClose CommentsPermalink





‘(vii) any additional factor that the Administrator considers appropriate. CommentsClose CommentsPermalink





‘(2) REGULATION OF INCIDENTAL DISCHARGES- Effective on and after the date of enactment of this section-- CommentsClose CommentsPermalink





‘(A) the Administrator (or a State in the case of a permit program approved under section 402) shall not require any new permit or permit conditions under section 402 for any discharge incidental to the normal operation of a commercial vessel; and CommentsClose CommentsPermalink





‘(B) a State or political subdivision thereof shall not adopt or enforce any law or regulation of the State or political subdivision with respect to such a discharge. CommentsClose CommentsPermalink





‘(m) Effect on Vessel General Permit- CommentsClose CommentsPermalink





‘(1) EXPIRATION- Notwithstanding the expiration date set forth in the Vessel General Permit, the Vessel General Permit shall expire as follows: CommentsClose CommentsPermalink





‘(A) The terms and conditions of section 6 of such permit or any law of a State regulating the discharge of ballast water or any discharge incidental to the normal operation of a commercial vessel, upon the date of enactment of this section. CommentsClose CommentsPermalink





‘(B) For each commercial vessel, the terms and conditions of such permit (except the terms and conditions referred to in subparagraph (A)) applicable to a discharge of ballast water-- CommentsClose CommentsPermalink





‘(i) on the date on which-- CommentsClose CommentsPermalink





‘(I) a ballast water treatment technology certified under subsection (e) is installed on the commercial vessel; CommentsClose CommentsPermalink





‘(II) an alternative method of compliance established for the commercial vessel under subsection (f) is implemented for the commercial vessel; CommentsClose CommentsPermalink





‘(III) a petition is granted for the commercial vessel under subsection (g); or CommentsClose CommentsPermalink





‘(IV) a certificate is issued for the commercial vessel under subsection (h); or CommentsClose CommentsPermalink





‘(ii) in any case not described in clause (i), on December 18, 2013. CommentsClose CommentsPermalink





‘(2) DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF COMMERCIAL VESSELS- Notwithstanding the expiration date set forth in the Vessel General Permit, the terms and conditions of such permit (except the terms and conditions referred to in paragraph (1)(A)) applicable to discharges incidental to the normal operation of a commercial vessel shall remain in effect. CommentsClose CommentsPermalink





‘(n) Inspections and Enforcement- CommentsClose CommentsPermalink





‘(1) IN GENERAL- CommentsClose CommentsPermalink





‘(A) COAST GUARD ENFORCEMENT- The Secretary shall enforce the requirements of this section and may utilize by agreement, with or without reimbursement, law enforcement officers or other personnel and facilities of the Administrator, other Federal agencies, and the States. CommentsClose CommentsPermalink





‘(B) ENVIRONMENTAL PROTECTION AGENCY ACTIONS- Notwithstanding any enforcement decisions of the Secretary under subparagraph (A), the Administrator may use the authorities provided in sections 308, 309, 312, and 504 whenever required to carry out this section. CommentsClose CommentsPermalink





‘(2) COAST GUARD INSPECTIONS- The Secretary may carry out inspections of any commercial vessel at any time, including the taking of ballast water samples, to ensure compliance with this section. The Secretary shall use all appropriate and practical measures of detection and environmental monitoring of such commercial vessels and shall establish adequate procedures for reporting violations of this section and accumulating evidence regarding such violations. CommentsClose CommentsPermalink





‘(no) Compliance- CommentsClose CommentsPermalink





‘(1) DETENTION OF COMMERCIAL VESSEL- The Secretary, by notice to the owner or operator, may detain the commercial vessel if the Secretary has reasonable cause to believe that the commercial vessel does not comply with a requirement of this section or is being operated in violation of such a requirement. CommentsClose CommentsPermalink





‘(2) SANCTIONS- CommentsClose CommentsPermalink





‘(A) CIVIL PENALTIES- CommentsClose CommentsPermalink





‘(i) IN GENERAL- Any person who violates this section shall be liable for a civil penalty in an amount not to exceed $5,000 for each violationdetermined under clause (ii). Each day of a continuing violation constitutes a separate violation. A commercial vessel operated in violation of this section is liable in rem for any civil penalty assessed for that violation. CommentsClose CommentsPermalink





‘(ii) PENALTY AMOUNTS- The amount of a civil penalty assessed under clause (i) shall be determined as follows: CommentsClose CommentsPermalink





‘(I) For vessels with a ballast water capacity less than 1500 cubic meters, not to exceed $25,000 for each violation. CommentsClose CommentsPermalink





‘(II) For vessels with a ballast water capacity of 1500 cubic meters but not more than 5,000 cubic meters, not to exceed $28,750 for each violation. CommentsClose CommentsPermalink





‘(III) For vessels with a ballast water capacity greater than 5,000 cubic meters, not to exceed $32,500 for each violation. CommentsClose CommentsPermalink





‘(B) CRIMINAL PENALTIES- WhoeverAny person who knowingly violates this section shall be fined not less thanpunished by a fine of not less that $5,000 nor more than $50,000 for each day of a violation, or imprisonedper day of violation, or by imprisonment for not more than 3 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. CommentsClose CommentsPermalink





‘(C) REVOCATION OF CLEARANCE- Upon request of the Secretary, the Secretary of Homeland Security shall withhold or revoke the clearance of a commercial vessel required bysection 60105 of title 46, United States Code, if the owner or operator is in violation of this section. CommentsClose CommentsPermalink





‘(3) ENFORCEMENT ACTIONS- CommentsClose CommentsPermalink





‘(A) ADMINISTRATIVE ACTIONS- If the Secretary finds that a person has violated this section, the Secretary may assess a civil penalty for the violation. In determining the amount of the civil penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior violations, and such other matters as justice may require. CommentsClose CommentsPermalink





‘(B) CIVIL ACTIONS- At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this section. Any court before which such an action is brought may award appropriate relief, including temporary or permanent injunctions and civil penalties. CommentsClose CommentsPermalink





‘(4) EXCLUSION- No person shall be found in violation of this section whose commission of prohibited acts is found by the Secretary to have been in the interest of the safe operation of the commercial vessel.‘(oensuring the safety of life at sea. CommentsClose CommentsPermalink





‘(p) Regulation Under Other Sections of This Act- This section shall not affect the regulation of discharges from a commercial vessel pursuant to section 311 or 312.’. CommentsClose CommentsPermalink

SEC. 3. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED VESSEL.

SEC. 4. CONFORMING AND TECHNICAL AMENDMENTS.

(a) Federal Water Pollution Control Act-(1) EFFLUENT LIMITATIONSEffluent Limitations- Section 301(a) of the Federal Water Pollution Control Act (33 U.S.C. 1311(a)) is amended by inserting ‘312, 321,’ after ‘318,’. CommentsClose CommentsPermalink





(2) REVIEW OF ADMINISTRATOR’S ACTIONSb) Review of Administrator’s Actions- The first sentence of section 509(b)(1) of such Act (33 U.S.C. 1369(b)(1)) is amended-- CommentsClose CommentsPermalink





(A1) by striking ‘and (G)’ and inserting ‘(G)’; and CommentsClose CommentsPermalink





(B2) by inserting after ‘section 304(l),’ the following: ‘and (H) in issuing any regulation or otherwise taking final agency action under section 312 or 321,’. CommentsClose CommentsPermalink

SEC. 5. REGULATION OF BALLAST WATER AND INCIDENTAL TO THE NORMAL OPERATION OF COMMERCIAL VESSELS- Notwithstanding the expiration date set forth in the Vessel General Permit, the terms and conditions of such permit (except the terms and conditions referred to in paragraphs (1)(A) and (1)(C)) applicable to discharges incidental to the normal operation of a commercial vessel shall remain in effect.

(3) DEFINITIONS- In this subsection, the following definitions apply:

(A)DISCHARGES FROM A COMMERCIAL VESSEL- The term ‘commercial vessel’ has the meaning given that term in section 321(a) of the Federal Water Pollution Control Act (as added by this Act).

(B) COVERED VESSEL- The term ‘covered vessel’ has the meaning given that term in Public Law 110-299 (33 U.S.C. 1342 note).

(C) VESSEL GENERAL PERMIT- The term ‘Vessel General Permit’ means the Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) by the Administrator of the Environmental Protection Agency for ballast water and other discharges incidental to the normal operation of vessels, as in effect on December 19, 2008, for all jurisdictions except Alaska and Hawaii, and February 6, 2009, for Alaska and Hawaii.

(c) Regulation of Ballast Water and Incidental Discharges From a Commercial Vessel-

(1) IN GENERAL.

(a) In General- Effective on the date of enactment of this Act, the following discharges shall not be regulated in any manner other than as specified in section 312 or 321 of the Federal Water Pollution Control Act (as added by this Act) and subsection (b) of this section:

(A) A discharge incidental to the normal operation of a commercial vessel.

(B: CommentsClose CommentsPermalink




(1) A discharge incidental to the normal operation of a commercial vessel. CommentsClose CommentsPermalink





(2) A discharge of ballast water from a commercial vessel. CommentsClose CommentsPermalink





(2) DEFINITIONS- In this subb) Definitions- In this section, the terms ‘ballast water’, ‘commercial vessel’, and ‘discharge incidental to the normal operation of a commercial vessel’ have the meanings given those terms in section 321(a) of the Federal Water Pollution Control Act (as added by this Act). CommentsClose CommentsPermalink

SEC. 6. NONINDIGENOUS AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATESPREVENTION AND CONTROL ACT OF 1990.

(a) Aquatic Nuisance Species in Waters of the United States- Effective on the date of issuance of final regulations under section 321(b) of the Federal Water Pollution Control Act (as added by this Act), section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is repealed. CommentsClose CommentsPermalink





(2) RELATIONSHIP TO OTHER LAWSb) Relationship to Other Laws- Effective on the date of enactment of this Act, section 1205 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4725) is repealed. CommentsClose CommentsPermalink

Union Calendar No. 178CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2840CommentsClose CommentsPermalink

[Report No. 112-266]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Federal Water Pollution Control Act to regulate discharges from commercial vessels, and for other purposes.CommentsClose CommentsPermalink

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November 3, 2011CommentsClose CommentsPermalink

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink