S.Amdt. 3170

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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