Sec. 5. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel

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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 a vessel until the Secretary revises the ballast water performance standard under subsection

(b)or adopts a more stringent State standard under subparagraph

(B)of this paragraph. If the Secretary makes a determination in favor of a State petition under section 10, the Secretary shall adopt the more stringent ballast water performance standard specified in the statute or regulation that is the subject of that State petition in lieu of the ballast water performance standard in the final rule described under subparagraph (A). 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. Subject to the feasibility review under paragraph (2), not later than January 1, 2022, the Secretary, in consultation with the Administrator, shall issue a final rule revising the ballast water performance standard under subsection (a)(1) so that a ballast water discharge incidental to the normal operation of a vessel will contain— less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension; less than 1 living organism per 10 milliliters that is less than 50 micrometers in minimum dimension and more than 10 micrometers in minimum dimension; concentrations of indicator microbes that are less than— 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; 126 colony-forming units of escherichia coli per 100 milliliters; and 33 colony-forming units of intestinal enterococci per 100 milliliters; and 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. Not less than 2 years before January 1, 2022, the Secretary, in consultation with the Administrator, shall complete a review to determine the feasibility of achieving the revised ballast water performance standard under paragraph (1). In conducting a review under subparagraph (A), the Secretary shall consider whether revising the ballast water performance standard will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species, taking into account— improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species; improvements in ballast water treatment technology, including— the capability of such treatment technology to achieve a revised ballast water performance standard; the effectiveness and reliability of such treatment technology in the shipboard environment; the compatibility of such treatment technology with the design and operation of a vessel by class, type, and size; the commercial availability of such treatment technology; and the safety of such treatment technology; improvements in the capabilities to detect, quantify, and assess the viability of aquatic nuisance species at the concentrations under consideration; the impact of ballast water treatment technology on water quality; and the costs, cost-effectiveness, and impacts of— a revised ballast water performance standard, including the potential impacts on shipping, trade, and other uses of the aquatic environment; and maintaining the existing ballast water performance standard, including the potential impacts on water-related infrastructure, recreation, propagation of native fish, shellfish, and wildlife, and other uses of navigable waters. 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 treatment technology can be certified under section 6 to comply with the revised ballast water performance standard under paragraph (1), the Secretary shall require the use of the treatment technology that achieves the performance levels of the best treatment technology available. If the Secretary, in consultation with the Administrator, determines that the treatment technology 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. 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). If the Secretary, in consultation with the Administrator, determines that ballast water treatment technology exists that exceeds the revised ballast water performance standard under paragraph

(1)with respect to a class of vessels, the Secretary shall revise the ballast water performance standard for that class of vessels to incorporate the higher performance standard. If the Secretary, in consultation with the Administrator, determines that the treatment technology 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. The revised ballast water performance 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, 2022, but not later than December 31, 2024. 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 performance standard under this subsection. 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. An extension issued under subparagraph

(B)may— apply for a period of not to exceed 18 months from the date of the applicable deadline under subparagraph (A); and be renewable for an additional period of not to exceed 18 months. 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: Whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline. Whether there is sufficient shipyard or other installation facility capacity. Whether there is sufficient availability of engineering and design resources. Vessel characteristics, such as engine room size, layout, or a lack of installed piping. Electric power generating capacity aboard the vessel. Safety of the vessel and crew. The Secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this paragraph. 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. 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 performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. 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. In conducting a review under paragraph (1), the Secretary, the Administrator, and the heads of other appropriate Federal agencies as determined by the Secretary, shall consider the criteria under section 5(b)(2)(B). The Secretary shall initiate a rulemaking to revise the current ballast water performance standard after a decennial review if the Secretary, in consultation with the Administrator, determines that revising the current ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species.

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77 FR 17254
77 FR 33969

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Sec. 5

Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel

Fed. Reg.77 FR 17254

Fed. Reg.77 FR 33969

Cites 2Cited by 0 across 0 sources