Sec. 3. Definitions
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In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. 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. The term ballast water means any water, including any sediment suspended in such water, taken aboard a vessel— to control trim, list, draught, stability, or stresses of the vessel; or during the cleaning, maintenance, or other operation of a ballast water treatment technology of the vessel.
The term ballast water does not include any pollutant that is added to water described in subparagraph
(A)that is not directly related to the operation of a properly functioning ballast water treatment technology under this Act. The term ballast water performance 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 performance standard established under subsection (a)(1)(B), (b), or
(c)of section 5 of this Act. The term ballast water treatment technology or treatment technology means any mechanical, physical, chemical, or biological process used, alone or in combination, to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water. The term biocide means a substance or organism, including a virus or fungus, that is introduced into or produced by a ballast water treatment technology to reduce or eliminate aquatic nuisance species as part of the process used to comply with a ballast water performance standard under this Act. The term discharge incidental to the normal operation of a vessel means— a discharge into navigable waters from a vessel of— 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 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; 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 any effluent from a properly functioning marine engine; or 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. The term discharge incidental to the normal operation of a vessel does not include— a discharge into navigable waters from a vessel of— rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; 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 ); sewage as defined in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or graywater referred to in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); an emission of an air pollutant resulting from the operation onboard a vessel of a vessel propulsion system, motor driven equipment, or incinerator; or 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. The term geographically limited area means an area— with a physical limitation, including limitation by physical size and limitation by authorized route, that prevents a vessel from operating outside the area, as determined by the Secretary; or 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. The term manufacturer means a person engaged in the manufacture, assemblage, or importation of ballast water treatment technology. The term Secretary means the Secretary of the department in which the Coast Guard is operating. 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.
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