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Code · BILL · 115th Congress · S. 140 (EAS) — 115 S140 EAS: Frank LoBiondo Coast Guard Authorization Act of 2018 · Sec. 903

Sec. 903. Standards for discharges incidental to normal operation of vessels

13,109 words·~60 min read·/bill/115/s/140/eas/section-903

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ) is amended by adding at the end the following: In this subsection: The term aquatic nuisance species means a nonindigenous species that threatens— the diversity or abundance of a native species; the ecological stability of— waters of the United States; or waters of the contiguous zone; or a commercial, agricultural, aquacultural, or recreational activity that is dependent on— waters of the United States; or waters of the contiguous zone.
The term ballast water means any water, suspended matter, and other materials taken onboard a vessel— to control or maintain trim, draught, stability, or stresses of the vessel, regardless of the means by which any such water or suspended matter is carried; or during the cleaning, maintenance, or other operation of a ballast tank or ballast water management system of the vessel. The term ballast water does not include any substance that is added to the water described in clause
(i)that is directly related to the operation of a properly functioning ballast water management system. The term ballast water discharge standard means— the numerical ballast water discharge standard established by section 151.1511 or 151.2030 of title 33, Code of Federal Regulations (or successor regulations); or if a standard referred to in clause
(i)is superseded by a numerical standard of performance under this subsection, that superseding standard. The term ballast water exchange means the replacement of water in a ballast water tank using 1 of the following methods: Flow-through exchange, in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable, and continuously overflowing the tank from the top, until 3 full volumes of water have been changed to minimize the number of original organisms remaining in the tank. Empty and refill exchange, in which ballast water taken on in ports, estuarine waters, or territorial waters is pumped out until the pump loses suction, after which the ballast tank is refilled with midocean water. The term ballast water management system means any marine pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes ballast water— to kill, render nonviable, or remove organisms; or to avoid the uptake or discharge of organisms. The term best available technology economically achievable means— best available technology economically achievable (within the meaning of section 301(b)(2)(A)); best available technology (within the meaning of section 304(b)(2)(B)); and best available technology, as determined in accordance with section 125.3(d)(3) of title 40, Code of Federal Regulations (or successor regulations). The term best conventional pollutant control technology means— best conventional pollutant control technology (within the meaning of section 301(b)(2)(E)); best conventional pollutant control technology (within the meaning of section 304(b)(4)); and best conventional pollutant control technology, as determined in accordance with section 125.3(d)(2) of title 40, Code of Federal Regulations (or successor regulations). The term best management practice means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of— the waters of the United States; or the waters of the contiguous zone. The term best management practice includes any treatment requirement, operating procedure, or practice to control— vessel runoff; spillage or leaks; sludge or waste disposal; or drainage from raw material storage. The term best practicable control technology currently available means— best practicable control technology currently available (within the meaning of section 301(b)(1)(A)); best practicable control technology currently available (within the meaning of section 304(b)(1)); and best practicable control technology currently available, as determined in accordance with section 125.3(d)(1) of title 40, Code of Federal Regulations (or successor regulations). The term Captain of the Port Zone means a Captain of the Port Zone established by the Secretary pursuant to sections 92, 93, and 633 of title 14, United States Code. The term empty ballast tank means a tank that— has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank (such as loss of suction); is recorded as empty on a vessel log; and contains unpumpable residual ballast water and sediment. The term Great Lakes Commission means the Great Lakes Commission established by article IV A of the Great Lakes Compact to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414). The term Great Lakes State means any of the States of— Illinois; Indiana; Michigan; Minnesota; New York; Ohio; Pennsylvania; and Wisconsin. The term Great Lakes System has the meaning given the term in section 118(a)(3). The term internal waters has the meaning given the term in section 2.24 of title 33, Code of Federal Regulations (or a successor regulation). The term marine pollution control device means any equipment or management practice (or combination of equipment and a management practice), for installation or use onboard a vessel, that is— designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a management practice) to reduce the environmental impacts of the discharge, consistent with the factors for consideration described in paragraphs
(4)and (5). The term nonindigenous species means an organism of a species that enters an ecosystem beyond the historic range of the species. The term organism includes— an animal, including fish and fish eggs and larvae; a plant; a pathogen; a microbe; a virus; a prokaryote (including any archean or bacterium); a fungus; and a protist. The term Pacific Region means any Federal or State water— adjacent to the State of Alaska, California, Hawaii, Oregon, or Washington; and extending from shore. The term Pacific Region includes the entire exclusive economic zone (as defined in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 )) adjacent to each State described in clause (i)(I). The term port or place of destination means a port or place to which a vessel is bound to anchor or moor. The term render nonviable , with respect to an organism in ballast water, means the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment. The term saltwater flush means— the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew; and the mixing of the flushwater with residual ballast water and sediment through the motion of the vessel; and the discharge of that mixed water, such that the resultant residual water remaining in the tank— has the highest salinity possible; and is at least 30 parts per thousand. For purposes of clause (i), a saltwater flush may require more than 1 fill-mix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel at 1 time. The term Secretary means the Secretary of the department in which the Coast Guard is operating. The term Small Vessel General Permit means the permit that is the subject of the notice of final permit issuance entitled Final National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet (79 Fed. Reg. 53702 (September 10, 2014)). The term small vessel or fishing vessel means a vessel that is— less than 79 feet in length; or a fishing vessel, fish processing vessel, or fish tender vessel (as those terms are defined in section 2101 of title 46, United States Code), regardless of the length of the vessel. The term Vessel General Permit means the permit that is the subject of the notice of final permit issuance entitled Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel (78 Fed. Reg. 21938 (April 12, 2013)). Except as provided in subparagraph (B), this subsection applies to— any discharge incidental to the normal operation of a vessel; and any discharge incidental to the normal operation of a vessel (such as most graywater) that is commingled with sewage, subject to the conditions that— nothing in this subsection prevents a State from regulating sewage discharges; and any such commingled discharge shall comply with all applicable requirements of— this subsection; and any law applicable to discharges of sewage. This subsection does not apply to any discharge incidental to the normal operation of a vessel— from— a vessel of the Armed Forces subject to subsection (n); a recreational vessel subject to subsection (o); a small vessel or fishing vessel, except that this subsection shall apply to any discharge of ballast water from a small vessel or fishing vessel; or a floating craft that is permanently moored to a pier, including a floating casino, hotel, restaurant, or bar; of ballast water from a vessel— that continuously takes on and discharges ballast water in a flow-through system, if the Administrator determines that system cannot materially contribute to the spread or introduction of an aquatic nuisance species into waters of the United States; in the National Defense Reserve Fleet that is scheduled for disposal, if the vessel does not have an operable ballast water management system; that discharges ballast water consisting solely of water taken onboard from a public or commercial source that, at the time the water is taken onboard, meets the applicable requirements or permit requirements of the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); that carries all permanent ballast water in sealed tanks that are not subject to discharge; or that only discharges ballast water into a reception facility; or that results from, or contains material derived from, an activity other than the normal operation of the vessel, such as material resulting from an industrial or manufacturing process onboard the vessel. Notwithstanding the expiration date of the Vessel General Permit or any other provision of law, all provisions of the Vessel General Permit shall remain in force and effect, and shall not be modified, until the applicable date described in subparagraph (C). Notwithstanding section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, all regulations promulgated by the Secretary pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4711 ) (as in effect on the day before the date of enactment of this subsection), including the regulations contained in subparts C and D of part 151 of title 33, Code of Federal Regulations, and subpart 162.060 of part 162 of title 46, Code of Federal Regulations (as in effect on the day before that date of enactment), shall remain in force and effect until the applicable date described in subparagraph (C). Effective beginning on the date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and
(C)of paragraph
(5)with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final, effective, and enforceable, the requirements of the Vessel General Permit and the regulations described in subparagraph
(B)shall have no force or effect. Not later than 2 years after the date of enactment of this subsection, the Administrator, in concurrence with the Secretary (subject to clause (ii)), and in consultation with interested Governors (subject to clause (iii)), shall promulgate Federal standards of performance for marine pollution control devices for each type of discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection. The Administrator shall submit to the Secretary a request for written concurrence with respect to a proposed standard of performance under clause (i). A failure by the Secretary to concur with the Administrator under clause
(i)by the date that is 60 days after the date on which the Administrator submits a request for concurrence under subclause
(I)shall not prevent the Administrator from promulgating the relevant standard of performance in accordance with the deadline under clause (i), subject to the condition that the Administrator shall include in the administrative record of the promulgation— documentation of the request submitted under subclause (I); and the response of the Administrator to any written objections received from the Secretary relating to the proposed standard of performance during the 60-day period beginning on the date of submission of the request. The Administrator, in promulgating a standard of performance under clause (i), shall develop the standard of performance— in consultation with interested Governors; and in accordance with the deadlines under that clause. The Administrator shall develop a process for soliciting input from interested Governors, including information sharing relevant to such process, to allow interested Governors to inform the development of standards of performance under clause (i). An interested Governor that objects to a proposed standard of performance under clause
(i)may submit to the Administrator in writing a detailed objection to the proposed standard of performance, describing the scientific, technical, or operational factors that form the basis of the objection. Before finalizing a standard of performance under clause
(i)that is subject to an objection under item
(aa)from 1 or more interested Governors, the Administrator shall provide a written response to each interested Governor that submitted an objection under that item that details the scientific, technical, or operational factors that form the basis for that standard of performance. A response of the Administrator under item
(bb)shall not be subject to judicial review. The Administrator shall promulgate the standards of performance under this subparagraph in accordance with— this paragraph; and section 553 of title 5, United States Code. Subject to clause (iii), the standards of performance promulgated under this paragraph shall require— with respect to conventional pollutants, toxic pollutants, and nonconventional pollutants (including aquatic nuisance species), the application of the best practicable control technology currently available; with respect to conventional pollutants, the application of the best conventional pollutant control technology; and with respect to toxic pollutants and nonconventional pollutants (including aquatic nuisance species), the application of the best available technology economically achievable for categories and classes of vessels, which shall result in reasonable progress toward the national goal of eliminating discharges of all pollutants. The Administrator shall require the use of best management practices to control or abate any discharge incidental to the normal operation of a vessel if— numeric standards of performance are infeasible under clause (i); or the best management practices are reasonably necessary— to achieve the standards of performance; or to carry out the purpose and intent of this subsection. Subject to subparagraph (D)(ii)(II), the combination of any equipment or best management practice comprising a marine pollution control device shall not be less stringent than the following provisions of the Vessel General Permit: All requirements contained in parts 2.1 and 2.2 (relating to effluent limits and related requirements), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes. All requirements contained in part 5 (relating to vessel class-specific requirements) that concern effluent limits and authorized discharges (within the meaning of that part), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes. The standards promulgated under this paragraph may distinguish— among classes, types, and sizes of vessels; and between new vessels and existing vessels. Not less frequently than once every 5 years, the Administrator, in consultation with the Secretary, shall— review the standards of performance in effect under this paragraph; and if appropriate, revise those standards of performance— in accordance with subparagraphs
(A)through (C); and as necessary to establish requirements for any discharge that is subject to regulation under this subsection. Except as provided in subclause (II), the Administrator shall not revise a standard of performance under this subsection to be less stringent than an applicable existing requirement. The Administrator may revise a standard of performance to be less stringent than an applicable existing requirement— if information becomes available that— was not reasonably available when the Administrator promulgated the initial standard of performance or comparable requirement of the Vessel General Permit, as applicable (including the subsequent scarcity or unavailability of materials used to control the relevant discharge); and would have justified the application of a less-stringent standard of performance at the time of promulgation; or if the Administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating the existing standard of performance or comparable requirement of the Vessel General Permit, as applicable. Notwithstanding any other provision of this subsection, the Administrator, in concurrence with the Secretary (subject to clause (ii)), and in consultation with States, may require, by order, the use of an emergency best management practice for any region or category of vessels in any case in which the Administrator determines that such a best management practice— is necessary to reduce the reasonably foreseeable risk of introduction or establishment of an aquatic nuisance species; or will mitigate the adverse effects of a discharge that contributes to a violation of a water quality requirement under section 303, other than a requirement based on the presence of an aquatic nuisance species. The Administrator shall submit to the Secretary a request for written concurrence with respect to an order under clause (i). A failure by the Secretary to concur with the Administrator under clause
(i)by the date that is 60 days after the date on which the Administrator submits a request for concurrence under subclause
(I)shall not prevent the Administrator from issuing the relevant order, subject to the condition that the Administrator shall include in the administrative record of the issuance— documentation of the request submitted under subclause (I); and the response of the Administrator to any written objections received from the Secretary relating to the proposed order during the 60-day period beginning on the date of submission of the request. An order issued by the Administrator under clause
(i)shall expire not later than the date that is 4 years after the date of issuance. The Administrator may reissue an order under clause
(i)for such subsequent periods of not longer than 4 years as the Administrator determines to be appropriate. As soon as practicable, but not later than 2 years, after the date on which the Administrator promulgates any new or revised standard of performance under paragraph
(4)with respect to a discharge, the Secretary, in consultation with States, shall promulgate the regulations required under this paragraph with respect to that discharge. Subject to subparagraph (C)(ii)(II), the regulations promulgated under this paragraph shall not be less stringent with respect to ensuring, monitoring, and enforcing compliance than— the requirements contained in part 3 of the Vessel General Permit (relating to corrective actions); the requirements contained in part 4 of the Vessel General Permit (relating to inspections, monitoring, reporting, and recordkeeping), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes; the requirements contained in part 5 of the Vessel General Permit (relating to vessel class-specific requirements) regarding monitoring, inspection, and educational and training requirements (within the meaning of that part), including with respect to waters subject to Federal protection, in whole or in part, for conservation purposes; and any comparable, existing requirements promulgated under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq.) (including section 1101 of that Act ( 16 U.S.C. 4711 ) (as in effect on the day before the date of enactment of this subsection)) applicable to that discharge. The Secretary, in coordination with the Governors of the States, shall develop, publish, and periodically update inspection, monitoring, data management, and enforcement procedures for the enforcement by States of Federal standards and requirements under this subsection. In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall take into consideration the period of time necessary— to communicate to affected persons the applicability of the regulation; and for affected persons reasonably to comply with the regulation. The Secretary shall promulgate the regulations under this subparagraph in accordance with— this paragraph; and section 553 of title 5, United States Code. The Secretary shall promulgate such regulations governing the design, construction, testing, approval, installation, and use of marine pollution control devices as are necessary to ensure compliance with the standards of performance promulgated under paragraph (4). The Secretary shall promulgate requirements (including requirements for vessel owners and operators with respect to inspections, monitoring, reporting, sampling, and recordkeeping) to ensure, monitor, and enforce compliance with— the standards of performance promulgated by the Administrator under paragraph (4); and the implementation regulations promulgated by the Secretary under subparagraph (B). Except as provided in subclause (II), the Secretary shall not revise a requirement under this subparagraph or subparagraph
(B)to be less stringent with respect to ensuring, monitoring, or enforcing compliance than an applicable existing requirement. The Secretary may revise a requirement under this subparagraph or subparagraph
(B)to be less stringent than an applicable existing requirement— in accordance with this subparagraph or subparagraph (B), as applicable; if information becomes available that— the Administrator determines was not reasonably available when the Administrator promulgated the existing requirement of the Vessel General Permit, or that the Secretary determines was not reasonably available when the Secretary promulgated the existing requirement under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq.) or the applicable existing requirement under this subparagraph, as applicable (including subsequent scarcity or unavailability of materials used to control the relevant discharge); and would have justified the application of a less-stringent requirement at the time of promulgation; or if the Administrator determines that a material technical mistake or misinterpretation of law occurred when promulgating an existing requirement of the Vessel General Permit, or if the Secretary determines that a material mistake or misinterpretation of law occurred when promulgating an existing requirement under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq.) or this subsection. Beginning not later than 1 year after the date of enactment of this subsection, the Secretary shall provide to the Governor of a State, on request by the Governor, access to Automated Identification System arrival data for inbound vessels to specific ports or places of destination in the State. In addition to the other applicable requirements of this subsection, the requirements of this paragraph shall apply with respect to any discharge incidental to the normal operation of a vessel that is a discharge of ballast water. Except as provided in clause (ii), the owner or operator of a vessel with empty ballast tanks bound for a port or place of destination subject to the jurisdiction of the United States shall, prior to arriving at that port or place of destination, conduct a ballast water exchange or saltwater flush— not less than 200 nautical miles from any shore for a voyage originating outside the United States or Canadian exclusive economic zone; or not less than 50 nautical miles from any shore for a voyage originating within the United States or Canadian exclusive economic zone. Clause
(i)shall not apply— if the unpumpable residual waters and sediments of an empty ballast tank were subject to treatment, in compliance with applicable requirements, through a type-approved ballast water management system approved by the Secretary; except as otherwise required under this subsection, if the unpumpable residual waters and sediments of an empty ballast tank were sourced within— the same port or place of destination; or contiguous portions of a single Captain of the Port Zone; if complying with an applicable requirement of clause (i)— would compromise the safety of the vessel; or is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; if design limitations of the vessel prevent a ballast water exchange or saltwater flush from being conducted in accordance with clause (i); or if the vessel is operating exclusively within the internal waters of the United States or Canada. Except as provided in clause (ii), a vessel shall be deemed to be in compliance with a standard of performance for a marine pollution control device that is a ballast water management system if the ballast water management system— is maintained in proper working condition, as determined by the Secretary; is maintained and used in accordance with manufacturer specifications; continues to meet the ballast water discharge standard applicable to the vessel at the time of installation, as determined by the Secretary; and has in effect a valid type-approval certificate issued by the Secretary. Clause
(i)shall cease to apply with respect to any vessel on, as applicable— the expiration of the service life, as determined by the Secretary, of— the ballast water management system; or the vessel; the completion of a major conversion (as defined in section 2101 of title 46, United States Code) of the vessel; or a determination by the Secretary that there are other type-approved systems for the vessel or category of vessels, with respect to the use of which the environmental, health, and economic benefits would exceed the costs. Notwithstanding any other provision of law (including regulations), for purposes of section 151.1511 of title 33, and part 162 of title 46, Code of Federal Regulations (or successor regulations), the terms live and living shall not— include an organism that has been rendered nonviable; or preclude the consideration of any method of measuring the concentration of organisms in ballast water that are capable of reproduction. Not later than 180 days after the date of enactment of this subsection, the Secretary, in coordination with the Administrator, shall publish a draft policy letter, based on the best available science, describing type-approval testing methods and protocols for ballast water management systems, if any, that— render nonviable organisms in ballast water; and may be used in addition to the methods established under subpart 162.060 of title 46, Code of Federal Regulations (or successor regulations)— to measure the concentration of organisms in ballast water that are capable of reproduction; to certify the performance of each ballast water management system under this subsection; and to certify laboratories to evaluate applicable treatment technologies. The Secretary shall provide a period of not more than 60 days for public comment regarding the draft policy letter published under clause (ii). Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Administrator, shall publish a final policy letter describing type-approval testing methods, if any, for ballast water management systems that render nonviable organisms in ballast water. The ballast water management systems under subclause
(I)shall be evaluated by measuring the concentration of organisms in ballast water that are capable of reproduction based on the best available science that may be used in addition to the methods established under subpart 162.060 of title 46, Code of Federal Regulations (or successor regulations). The Secretary shall revise the final policy letter under subclause
(I)in any case in which the Secretary, in coordination with the Administrator, determines that additional testing methods are capable of measuring the concentration of organisms in ballast water that have not been rendered nonviable. In developing a policy letter under this subparagraph, the Secretary, in coordination with the Administrator— shall take into consideration a testing method that uses organism grow-out and most probable number statistical analysis to determine the concentration of organisms in ballast water that are capable of reproduction; and shall not take into consideration a testing method that relies on a staining method that measures the concentration of— organisms greater than or equal to 10 micrometers; and organisms less than or equal to 50 micrometers. The Secretary, in consultation with the Administrator and acting in coordination with, or through, the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ), shall establish a framework for Federal and intergovernmental response to aquatic nuisance species risks from discharges from vessels subject to ballast water and incidental discharge compliance requirements under this subsection, including the introduction, spread, and establishment of aquatic nuisance species populations. The Administrator, in coordination with the Secretary and taking into consideration information from the National Ballast Information Clearinghouse developed under section 1102(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4712(f) ), shall establish a risk assessment and response framework using ballast water discharge data and aquatic nuisance species monitoring data for the purposes of— identifying and tracking populations of aquatic invasive species; evaluating the risk of any aquatic nuisance species population tracked under subclause
(I)establishing and spreading in waters of the United States or waters of the contiguous zone; and establishing emergency best management practices that may be deployed rapidly, in a local or regional manner, to respond to emerging aquatic nuisance species threats. The Governor of a State (or a designee) may submit to the Administrator or the Secretary a petition— to issue an order under paragraph (4)(E); or to review any standard of performance, regulation, or policy promulgated under paragraph (4), (5), or (6), respectively, if there exists new information that could reasonably result in a change to— the standard of performance, regulation, or policy; or a determination on which the standard of performance, regulation, or policy was based. A petition under subparagraph
(A)shall include a description of any applicable scientific or technical information that forms the basis of the petition. The Administrator or the Secretary, as applicable, shall grant or deny— a petition under subparagraph (A)(i) by not later than the date that is 180 days after the date on which the petition is submitted; and a petition under subparagraph (A)(ii) by not later than the date that is 1 year after the date on which the petition is submitted. If the Administrator or the Secretary determines under clause
(i)to grant a petition— in the case of a petition under subparagraph (A)(i), the Administrator shall immediately issue the relevant order under paragraph (4)(E); or in the case of a petition under subparagraph (A)(ii), the Administrator or Secretary shall publish in the Federal Register, by not later than 30 days after the date of that determination, a notice of proposed rulemaking to revise the relevant standard, requirement, regulation, or policy under paragraph (4), (5), or (6), as applicable. If the Administrator or the Secretary determines under clause
(i)to deny a petition, the Administrator or Secretary shall publish in the Federal Register, by not later than 30 days after the date of that determination, a detailed explanation of the scientific, technical, or operational factors that form the basis of the determination. A determination by the Administrator or the Secretary under clause
(i)to deny a petition shall be— considered to be a final agency action; and subject to judicial review in accordance with section 509, subject to clause (v). Notwithstanding section 509(b), a petition for review of a determination by the Administrator or the Secretary under clause
(i)to deny a petition submitted by the Governor of a State under subparagraph
(A)may be filed in any United States district court of competent jurisdiction. Notwithstanding section 509(b), a petition for review of a determination by the Administrator or the Secretary under clause
(i)shall be filed by not later than 180 days after the date on which the justification for the determination is published in the Federal Register under clause (iii). It shall be unlawful for any person to violate— a provision of the Vessel General Permit in force and effect under paragraph (3)(A); a regulation promulgated pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4711 ) (as in effect on the day before the date of enactment of this subsection) in force and effect under paragraph (3)(B); or an applicable requirement or regulation under this subsection. Effective beginning on the effective date of a regulation promulgated under paragraph (4), (5), (6), or (10), as applicable, it shall be unlawful for the owner or operator of a vessel subject to the regulation— to discharge any discharge incidental to the normal operation of the vessel into waters of the United States or waters of the contiguous zone, except in compliance with the regulation; or to operate in waters of the United States or waters of the contiguous zone, if the vessel is not equipped with a required marine pollution control device that complies with the requirements established under this subsection, unless— the owner or operator of the vessel denotes in an entry in the official logbook of the vessel that the equipment was not operational; and either— the applicable discharge was avoided; or an alternate compliance option approved by the Secretary as meeting the applicable standard was employed. No person shall be found to be in violation of this paragraph if— the violation was in the interest of ensuring the safety of life at sea, as determined by the Secretary; and the applicable emergency circumstance was not the result of negligence or malfeasance on the part of— the owner or operator of the vessel; the master of the vessel; or the person in charge of the vessel. Each day of continuing violation of an applicable requirement of this subsection shall constitute a separate offense. A vessel operated in violation of this subsection is liable in rem for any civil penalty assessed for the violation. 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 this subsection. Except as provided in clauses
(ii)through
(v)and paragraph (10), effective beginning on the date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and
(C)of paragraph
(5)with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final, effective, and enforceable, no State, political subdivision of a State, or interstate agency may adopt or enforce any law, regulation, or other requirement of the State, political subdivision, or interstate agency with respect to any such discharge. Clause
(i)shall not apply to any law, regulation, or other requirement of a State, political subdivision of a State, or interstate agency in effect on or after the date of enactment of this subsection— that is identical to a Federal requirement under this subsection applicable to the relevant discharge; or compliance with which would be achieved concurrently in achieving compliance with a Federal requirement under this subsection applicable to the relevant discharge. A State may enforce any standard of performance or other Federal requirement of this subsection in accordance with subsection
(k)or other applicable Federal authority. Subject to subclauses
(II)and (III), a State that assesses any fee pursuant to any State or Federal law relating to the regulation of a discharge incidental to the normal operation of a vessel before the date of enactment of this subsection may assess or retain a fee to cover the costs of administration, inspection, monitoring, and enforcement activities by the State to achieve compliance with the applicable requirements of this subsection. Except as provided in item (bb), a State may assess a fee for activities under this clause equal to not more than $1,000 against the owner or operator of a vessel that— has operated outside of that State; and arrives at a port or place of destination in the State (excluding movement entirely within a single port or place of destination). A State may assess against the owner or operator of a vessel registered in accordance with applicable Federal law and lawfully engaged in the coastwise trade not more than $5,000 in fees under this clause per vessel during a calendar year. A State may adjust the amount of a fee authorized under this clause not more frequently than once every 5 years to reflect the percentage by which the Consumer Price Index for All Urban Consumers published by the Department of Labor for the month of October immediately preceding the date of adjustment exceeds the Consumer Price Index for All Urban Consumers published by the Department of Labor for the month of October that immediately precedes the date that is 5 years before the date of adjustment. Nothing in this subclause prevents a State from adjusting a fee in effect before the date of enactment of this subsection to the applicable maximum amount under subclause (II). This subclause applies only to increases in fees to amounts greater than the applicable maximum amount under subclause (II). Clause
(i)shall not apply with respect to any discharge of graywater (as defined in section 1414 of the Consolidated Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–323)) from a passenger vessel (as defined in section 2101 of title 46, United States Code) in the State of Alaska (including all waters in the Alexander Archipelago) carrying 50 or more passengers. Nothing in this subsection preempts any State law, public initiative, referendum, regulation, requirement, or other State action, except as expressly provided in this subsection. Except as expressly provided in this subsection, nothing in this subsection affects the applicability to a vessel of any other provision of Federal law, including— this section; section 311; the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 et seq.); and title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 et seq.). Effective beginning on the date of enactment of this subsection— the Small Vessel General Permit is repealed; and the Administrator, or a State in the case of a permit program approved under section 402, shall not require, or in any way modify, a permit under that section for— any discharge that is subject to regulation under this subsection; any discharge incidental to the normal operation of a vessel from a small vessel or fishing vessel, regardless of whether that discharge is subject to regulation under this subsection; or any discharge described in paragraph (2)(B)(ii). Nothing in this subsection, or any standard, regulation, or requirement established under this subsection, modifies or otherwise affects, preempts, or displaces— any cause of action; or any provision of Federal or State law establishing a remedy for civil relief or criminal penalty. Nothing in this subsection affects the authority of the Secretary of Commerce or the Secretary of the Interior to administer any land or waters under the administrative control of the Secretary of Commerce or the Secretary of the Interior, respectively. Nothing in this subsection limits the authority of a State to inspect a vessel pursuant to paragraph (5)(A)(iii) in order to monitor compliance with an applicable requirement of this section. Except as provided in clause (ii), the owner or operator of a vessel entering the St. Lawrence Seaway through the mouth of the St. Lawrence River shall conduct a complete ballast water exchange or saltwater flush— not less than 200 nautical miles from any shore for a voyage originating outside the United States or Canadian exclusive economic zone; or not less than 50 nautical miles from any shore for a voyage originating within the United States or Canadian exclusive economic zone. Clause
(i)shall not apply to a vessel if— complying with an applicable requirement of clause (i)— would compromise the safety of the vessel; or is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; design limitations of the vessel prevent a ballast water exchange from being conducted in accordance with an applicable requirement of clause (i); the vessel— is certified by the Secretary as having no residual ballast water or sediments onboard; or retains all ballast water while in waters subject to the requirement; or empty ballast tanks on the vessel are sealed and certified by the Secretary in a manner that ensures that— no discharge or uptake occurs; and any subsequent discharge of ballast water is subject to the requirement. The Governor of a Great Lakes State (or a State employee designee) may submit a petition in accordance with subclause
(II)to propose that other Governors of Great Lakes States endorse an enhanced standard of performance or other requirement with respect to any discharge that— is subject to regulation under this subsection; and occurs within the Great Lakes System. A Governor shall submit a petition under subclause (I), in writing, to— the Executive Director of the Great Lakes Commission, in such manner as may be prescribed by the Great Lakes Commission; the Governor of each other Great Lakes State; and the Director of the Great Lakes National Program Office established by section 118(b). After the date of receipt of a petition under subclause (II)(aa), the Great Lakes Commission (acting through the Great Lakes Panel on Aquatic Nuisance Species, to the maximum extent practicable) may develop a preliminary assessment regarding each enhanced standard of performance or other requirement described in the petition. The preliminary assessment developed by the Great Lakes Commission under item (aa)— may be developed in consultation with relevant experts and stakeholders; may be narrative in nature; may include the preliminary views, if any, of the Great Lakes Commission on the propriety of the proposed enhanced standard of performance or other requirement; shall be submitted, in writing, to the Governor of each Great Lakes State and the Director of the Great Lakes National Program Office and published on the internet website of the Great Lakes National Program Office; and except as provided in clause (iii), shall not be taken into consideration, or provide a basis for review, by the Administrator or the Secretary for purposes of that clause. Not earlier than the date that is 90 days after the date on which the Executive Director of the Great Lakes Commission receives from a Governor of a Great Lakes State a petition under clause (i)(II)(aa), the Governor may request the Director of the Great Lakes National Program Office to publish, for a period requested by the Governor of not less than 30 days, and the Director shall so publish, in the Federal Register for public comment— a copy of the petition; and if applicable as of the date of publication, any preliminary assessment of the Great Lakes Commission developed under clause (i)(III) relating to the petition. On receipt of a written request of a Governor of a Great Lakes State, the Director of the Great Lakes National Program Office shall make available all public comments received in response to the notice under item (aa). Notwithstanding any other provision of law, a Governor of a Great Lakes State or the Director of the Great Lakes National Program Office shall not be required to provide a response to any comment received in response to the publication of a petition or preliminary assessment under item (aa). Any public comments received in response to the publication of a petition or preliminary assessment under item
(aa)shall be used solely for the purpose of providing information and feedback to the Governor of each Great Lakes State regarding the decision to endorse the proposed standard or requirement. A proposed standard or requirement developed under subclause
(II)may differ from the proposed standard or requirement described in a petition published under item (aa). After the expiration of the public comment period for the petition under subclause (I), any interested Governor of a Great Lakes State may work in coordination with the Great Lakes Commission to develop a proposed standard of performance or other requirement applicable to a discharge referred to in the petition. A proposed standard of performance or other requirement under subclause (II)— shall be developed— in consultation with representatives from the Federal and provincial governments of Canada; after notice and opportunity for public comment on the petition published under subclause (I); and taking into consideration the preliminary assessment, if any, of the Great Lakes Commission under clause (i)(III); shall be specifically endorsed in writing by— the Governor of each Great Lakes State, if the proposed standard or requirement would impose any additional equipment requirement on a vessel; or not fewer than 5 Governors of Great Lakes States, if the proposed standard or requirement would not impose any additional equipment requirement on a vessel; and in the case of a proposed requirement to prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into waters within the Great Lakes System, shall not apply outside the waters of the Great Lakes States of the Governors endorsing the proposed requirement under item (bb). The Governors endorsing a proposed standard or requirement under clause (ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to clause (ii). Each submission under item
(aa)shall include an explanation regarding why the applicable standard of performance or other requirement is— at least as stringent as a comparable standard of performance or other requirement under this subsection; in accordance with maritime safety; and in accordance with applicable maritime and navigation laws and regulations. The Governor of any Great Lakes State that endorses a proposed standard or requirement under clause (ii)(III)(bb) may withdraw the endorsement by not later than the date that is 90 days after the date on which the Administrator and the Secretary receive the proposed standard or requirement. If, after the withdrawal of an endorsement under subitem (AA), the proposed standard or requirement does not have the applicable number of endorsements under clause (ii)(III)(bb), the Administrator and the Secretary shall terminate the review under this clause. The Governor of a Great Lakes State that does not endorse a proposed standard or requirement under clause (ii)(III)(bb) may submit to the Administrator and the Secretary any dissenting opinions of the Governor. On receipt of a proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall publish in the Federal Register a joint notice that, at minimum— states that the proposed standard or requirement is publicly available; and provides an opportunity for public comment regarding the proposed standard or requirement during the 90-day period beginning on the date of receipt by the Administrator and the Secretary of the proposed standard or requirement. As soon as practicable after the date of publication of a joint notice under subclause (II)— the Administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this subsection; and the Secretary shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is in accordance with maritime safety and applicable maritime and navigation laws and regulations. In carrying out item (aa), the Administrator and the Secretary— shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada; shall take into consideration any relevant data or public comments received under subclause (II)(bb); and shall not take into consideration any preliminary assessment by the Great Lakes Commission under clause (i)(III), or any dissenting opinion under subclause (I)(dd), except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under item (aa). Not later than 180 days after the date of receipt of each proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall— determine, as applicable, whether each proposed standard or other requirement satisfies the criteria under subclause (III)(aa); approve each proposed standard or other requirement, unless the Administrator or the Secretary, as applicable, determines under item
(aa)that the proposed standard or other requirement does not satisfy the criteria under subclause (III)(aa); and submit to the Governor of each Great Lakes State, and publish in the Federal Register, a notice of the determination under item (aa). If the Administrator and the Secretary disapprove a proposed standard of performance or other requirement under subclause (IV)(bb), the notices under subclause (IV)(cc) shall include— a description of the reasons why the standard or requirement is, as applicable, less stringent than a comparable standard or requirement under this subsection, inconsistent with maritime safety, or inconsistent with applicable maritime and navigation laws and regulations; and any recommendations regarding changes the Governors of the Great Lakes States could make to conform the disapproved portion of the standard or requirement to the requirements of this subparagraph. Disapproval of a proposed standard or requirement by the Administrator and the Secretary under this subparagraph shall be considered to be a final agency action subject to judicial review under section 509. On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement under subclause (IV)(bb)— the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes System in lieu of any comparable standard or other requirement promulgated under paragraph (4); and the Secretary shall establish, by regulation, any requirements necessary to implement, ensure compliance with, and enforce the standard or requirement under item (aa), or to apply the proposed requirement, within the Great Lakes System in lieu of any comparable requirement promulgated under paragraph (5). An action or inaction of a Governor of a Great Lakes State or the Great Lakes Commission under this subparagraph shall not be subject to judicial review. Nothing in this subsection limits, alters, or amends the Great Lakes Compact to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414). There is authorized to be appropriated to the Great Lakes Commission $5,000,000, to be available until expended. In this subparagraph, the term commercial vessel means a vessel operating between— 2 ports or places of destination within the Pacific Region; or a port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California. Except as provided in subclause
(II)and clause (iv), the owner or operator of a commercial vessel shall conduct a complete ballast water exchange in waters more than 50 nautical miles from shore. Subclause
(I)shall not apply to a commercial vessel— using, in compliance with applicable requirements, a type-approved ballast water management system approved by the Secretary; or voyaging— between or to a port or place of destination in the State of Washington, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 46 degrees north latitude, including the internal waters of the Columbia River, and the internal waters of Canada south of parallel 50 degrees north latitude, including the waters of the Strait of Georgia and the Strait of Juan de Fuca; between ports or places of destination in the State of Oregon, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude; between ports or places of destination in the State of California within the San Francisco Bay area east of the Golden Gate Bridge, including the Port of Stockton and the Port of Sacramento, if the ballast water to be discharged from the commercial vessel originated solely from ports or places within that area; between the Port of Los Angeles, the Port of Long Beach, and the El Segundo offshore marine oil terminal, if the ballast water to be discharged from the commercial vessel originated solely from the Port of Los Angeles, the Port of Long Beach, or the El Segundo offshore marine oil terminal; between a port or place of destination in the State of Alaska within a single Captain of the Port Zone; between ports or places of destination in different counties of the State of Hawaii, if the vessel may conduct a complete ballast water exchange in waters that are more than 10 nautical miles from shore and at least 200 meters deep; or between ports or places of destination within the same county of the State of Hawaii, if the vessel does not transit outside State marine waters during the voyage. Except as provided in subclause
(II)and clause (iv), the owner or operator of a commercial vessel that transports ballast water sourced from waters with a measured salinity of less than 18 parts per thousand and voyages to a Pacific Region port or place of destination with a measured salinity of less than 18 parts per thousand shall conduct a complete ballast water exchange— not less than 50 nautical miles from shore, if the ballast water was sourced from a Pacific Region port or place of destination; or more than 200 nautical miles from shore, if the ballast water was not sourced from a Pacific Region port or place of destination. Subclause
(I)shall not apply to a commercial vessel voyaging to a port or place of destination in the Pacific Region that is using, in compliance with applicable requirements, a type-approved ballast water management system approved by the Secretary to achieve standards of performance of— less than 1 organism per 10 cubic meters, if that organism— is living, or has not been rendered nonviable; and is 50 or more micrometers in minimum dimension; less than 1 organism per 10 milliliters, if that organism— is living, or has not been rendered nonviable; and is more than 10, but less than 50, 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 viruses as may be specified in the standards of performance established by the Administrator under paragraph (4). The requirements of clauses
(ii)and
(iii)shall not apply to a commercial vessel if— complying with the requirement would compromise the safety of the commercial vessel; design limitations of the commercial vessel prevent a ballast water exchange from being conducted in accordance with clause
(ii)or (iii), as applicable; the commercial vessel— is certified by the Secretary as having no residual ballast water or sediments onboard; or retains all ballast water while in waters subject to those requirements; or empty ballast tanks on the commercial vessel are sealed and certified by the Secretary in a manner that ensures that— no discharge or uptake occurs; and any subsequent discharge of ballast water is subject to those requirements. Subject to clause (ii), after the effective date of regulations promulgated by the Secretary under paragraph (5), if any State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the State may prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into such waters. A prohibition by a State under clause
(i)shall not apply until the date on which the Administrator makes the applicable determinations described in clause (iii). On application of a State, the Administrator, in concurrence with the Secretary (subject to subclause (II)), shall, by regulation, prohibit the discharge from a vessel of 1 or more discharges subject to regulation under this subsection, whether treated or not treated, into the waters covered by the application if the Administrator determines that— prohibition of the discharge would protect and enhance the quality of the specified waters within the State; adequate facilities for the safe and sanitary removal and treatment of the discharge are reasonably available for the water and all vessels to which the prohibition would apply; the discharge can be safely collected and stored until a vessel reaches a discharge facility or other location; and in the case of an application for the prohibition of discharges of ballast water in a port (or in any other location where cargo, passengers, or fuel are loaded and unloaded)— the adequate facilities described in item
(bb)are reasonably available for commercial vessels, after considering, at a minimum, water depth, dock size, pumpout facility capacity and flow rate, availability of year-round operations, proximity to navigation routes, and the ratio of pumpout facilities to the population and discharge capacity of commercial vessels operating in those waters; and the prohibition will not unreasonably interfere with the safe loading and unloading of cargo, passengers, or fuel. The Administrator shall submit to the Secretary a request for written concurrence with respect to a prohibition under subclause (I). A failure by the Secretary to concur with the Administrator under subclause
(I)by the date that is 60 days after the date on which the Administrator submits a request for concurrence under item
(aa)shall not prevent the Administrator from prohibiting the relevant discharge in accordance with subclause (III), subject to the condition that the Administrator shall include in the administrative record of the promulgation— documentation of the request submitted under item (aa); and the response of the Administrator to any written objections received from the Secretary relating to the proposed standard of performance during the 60-day period beginning on the date of submission of the request. The Administrator shall approve or disapprove an application submitted under subclause
(I)by not later than 90 days after the date on which the application is submitted to the Administrator. In any case in which a requirement established under this paragraph is more stringent or environmentally protective than a comparable requirement established under paragraph (4), (5), or (6), the more-stringent or more-protective requirement shall control. . Effective beginning on the date of enactment of this Act, the following provisions of law are repealed: Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4711 ). Public Law 110–299 ( 33 U.S.C. 1342 note). Section 1102 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4712 ) is amended— in subsection (c)(1), by inserting (as in effect on the day before the date of enactment of the Vessel Incidental Discharge Act of 2018) after section 1101(b) ; and in subsection (f)(1)(B), by inserting (as in effect on the day before the date of enactment of the Vessel Incidental Discharge Act of 2018) after section 1101(c) . Section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ) is amended— by striking the section designation and heading and all that follows through For the purpose of in subsection
(a)and inserting the following: In ; in subsection (a)— in paragraph (7), by striking devices or of vessels and inserting devices, marine pollution control device equipment, or vessels ; and in paragraph (13), in the matter preceding subparagraph (A), by inserting , except as provided in subsection (p), after means ; in subsection (g)— by inserting or marine pollution control device equipment after marine sanitation device each place it appears; in paragraph (1)— by inserting or equipment after such device ; and by inserting or equipment after test device ; and in paragraph (2)— by inserting or equipment after the device each place it appears; and in the fourth sentence, by inserting or equipment after device each place it appears; and in subsection (h)— in paragraph (1), by inserting and marine pollution control device equipment after marine sanitation device ; in paragraph (2), by inserting or any certified marine pollution control device equipment or element of design of such equipment after such device ; by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively, and indenting the subparagraphs appropriately; by striking
(h)After and inserting the following: Subject to paragraph (2), after ; and by adding at the end the following: Nothing in this subsection requires certification of a marine pollution control device for use on any vessel of the Armed Forces. . Section 312(k) of the Federal Water Pollution Control Act ( 33 U.S.C. 1322(k) ) is amended— by striking the second sentence and inserting the following: This section may be enforced by a State or political subdivision of a State (including the attorney general of a State), including by filing a civil action in an appropriate Federal district court to enforce any violation of subsection (p). The appropriate Federal district court shall have jurisdiction with respect to a civil action filed pursuant to subparagraph (A), without regard to the amount in controversy or the citizenship of the parties— to enforce the requirements of this section; and to apply appropriate civil penalties under this section or section 309(d), as appropriate. ; by striking
(k)The provisions of this and inserting the following: This section shall be enforced by the Administrator, to the extent provided in section 309. This ; and in paragraph
(2)(as so designated)— in subparagraph (A), by striking operating and he may utilize by agreement and inserting operating, who may use, by agreement ; and by adding at the end the following: For purposes of ensuring compliance with this section, the Secretary— may carry out an inspection (including the taking of ballast water samples) of any vessel at any time; and shall— establish procedures for— reporting violations of this section; and accumulating evidence regarding those violations; and use appropriate and practicable measures of detection and environmental monitoring of vessels. The Secretary may detain a vessel if the Secretary— has reasonable cause to believe that the vessel— has failed to comply with an applicable requirement of this section; or is being operated in violation of such a requirement; and the Secretary provides to the owner or operator of the vessel a notice of the intent to detain. . Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended— in subsection (a)(3), by striking 318 and inserting 312(p), 318 ; in subsection (c), by striking 318 each place it appears and inserting 312(p), 318 ; in subsection (d), in the first sentence— by striking 318 and inserting 312(p), 318, ; and by striking State,, and inserting State, ; and in subsection (g)(1)(A), by striking 318 and inserting 312(p), 318 . Section 505(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1365(f) ) is amended by striking
(5)certification and all that follows through the period at the end and inserting the following:
(5)a standard of performance or requirement under section 312(p);
(6)a certification under section 401;
(7)a permit or condition of a permit issued under section 402 that is in effect under this Act (including a requirement applicable by reason of section 313); or
(8)a regulation under section 405(d). . Section 509(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1369(b) ) is amended by adding at the end the following: Except as provided in subparagraph (B), any interested person may file a petition for review of a final agency action under section 312(p) of the Administrator or the Secretary of the department in which the Coast Guard is operating in accordance with the requirements of this subsection. Subject to section 312(p)(7)(C)(v), a petition for review of a final agency action under section 312(p) of the Administrator or the Secretary of the department in which the Coast Guard is operating may be filed only in the United States Court of Appeals for the District of Columbia Circuit. . Section 11301(b) of title 46, United States Code, is amended by adding at the end the following: when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations promulgated by the Secretary, including when the vessel fails to carry out ballast water management requirements due to an allowed safety exemption, a statement regarding the failure to comply and the circumstances under which the failure occurred, made immediately after the failure, when practicable to do so. . Section 42(a)(1) of title 18, United States Code, is amended, in the first sentence, by inserting of the quagga mussel of the species Dreissena rostriformis or Dreissena bugensis; after Dreissena polymorpha; . In this subsection: The term coastal zone has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453 ). The term eligible entity means— a State; a unit of local government; an Indian Tribe; a nongovernmental organization; and an institution of higher education. The term Exclusive Economic Zone means the Exclusive Economic Zone of the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 ( 16 U.S.C. 1453 note). The term Foundation means the National Fish and Wildlife Foundation established by section 2(a) of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701(a) ). The term Fund means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A). The term Program means the Coastal Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A). The term Secretary means the Secretary of Commerce. The Secretary and the Foundation shall establish a program, to be known as the Coastal Aquatic Invasive Species Mitigation Grant Program , under which the Secretary and the Foundation shall award grants to eligible entities in accordance with this paragraph. The purposes of the Program are— to improve the understanding, prevention, and mitigation of, and response to, aquatic invasive species in— the coastal zone; and the Exclusive Economic Zone; to support the prevention and mitigation of impacts from aquatic invasive species in the coastal zone; and to support the restoration of Pacific Island habitats, marine, estuarine, and Great Lakes environments in the coastal zone and the Exclusive Economic Zone that are impacted by aquatic invasive species. A grant awarded under the Program shall be used for an activity to carry out the purposes of the Program, including an activity— to develop and implement procedures and programs, including permissible State ballast water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate aquatic invasive species in the coastal zone or the Exclusive Economic Zone, particularly in areas with high numbers of established aquatic invasive species; to restore habitat impacted by an aquatic invasive species; to develop new shipboard and land-based ballast water treatment system technologies and performance standards to prevent the introduction of aquatic invasive species; to develop mitigation measures to protect natural and cultural living resources, including shellfish, from the impacts of aquatic invasive species; or to develop mitigation measures to protect infrastructure, such as hydroelectric infrastructure, from aquatic invasive species. A grant awarded under the Program may not be used to fund litigation in any matter. Not later than 90 days after the date of enactment of this Act, the Foundation, in consultation with the Secretary, shall establish the following: Application and review procedures for awarding grants under the Program. Approval procedures for awarding grants under the Program, including a requirement for consultation with— the Secretary of the Interior; and the Administrator. Performance accountability and monitoring measures for activities funded by a grant awarded under the Program. Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under the Program, including standards of recordkeeping. Each eligible entity that receives a grant under the Program shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds to carry out the activities funded by the grant in an amount equal to not less than 25 percent of the cost of the activities. The Secretary and the Foundation are authorized to use the amounts available in the Fund to award grants under the Program. There is established in the Treasury of the United States a trust fund, to be known as the Coastal Aquatic Invasive Species Mitigation Fund , consisting of such amounts as are appropriated or credited to the Fund in accordance with this paragraph or section 9602 of the Internal Revenue Code of 1986. There is authorized to be appropriated from the Treasury to the Fund, for each fiscal year, an amount equal to the amount of penalties assessed for violations of subsection
(p)of section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ) during the preceding fiscal year. In addition to the amounts transferred to the Fund under clause (i), there is authorized to be appropriated to the Fund $5,000,000 for each fiscal year. Subject to appropriations, the amounts in the Fund shall be available to the Secretary and the Foundation to award grants under the Program. In this subsection: The term Administrator means the Administrator of the Environmental Protection Agency. The term aquatic nuisance species has the meaning given that term in subsection (p)(1) of section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ). The term Director means the Director of the Great Lakes National Program Office established by section 118(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(b) ). The term Great Lakes and Lake Champlain Systems includes— Lake Champlain; and all bodies of water (including wetlands) within— the Great Lakes System (as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) )); or the Lake Champlain drainage basin (as defined in section 120(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1270(g) )). The term Program means the Great Lakes and Lake Champlain Invasive Species Program established under paragraph (2)(A). The Administrator shall establish within the Great Lakes National Program Office a program, to be known as the Great Lakes and Lake Champlain Invasive Species Program — in collaboration with— the Director of the United States Fish and Wildlife Service; the Administrator of the National Oceanic and Atmospheric Administration; the Director of the United States Geological Survey; and the Secretary of the department in which the Coast Guard is operating; and in consultation with— the head of Great Lakes Aquatic Nonindigenous Species Information System of the National Oceanic and Atmospheric Administration; and the head of Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration. The purposes of the Program shall be— to monitor for the introduction and spread of aquatic nuisance species into or within the Great Lakes and Lake Champlain Systems; to detect newly introduced aquatic nuisance species prior to the establishment of the aquatic nuisance species in the Great Lakes and Lake Champlain Systems; to inform, and assist with, management and response actions to prevent or stop the establishment or spread of an aquatic nuisance species; to establish a watch list of candidate aquatic nuisance species that may be introduced or spread, and that may survive and establish, within the Great Lakes and Lake Champlain Systems; to monitor vectors likely to be contributing to the introduction or spread of aquatic nuisance species, including ballast water operations; to work collaboratively with the Federal, State, local, and Tribal agencies to develop criteria for prioritizing and distributing monitoring efforts; to develop, achieve type approval for, and pilot shipboard or land-based ballast water management systems installed on, or available for use by, commercial vessels operating solely within the Great Lakes and Lake Champlain Systems to prevent the spread of aquatic nuisance species populations within the Great Lakes and Lake Champlain Systems; and to facilitate meaningful Federal and State implementation of the regulatory framework in this subsection, including monitoring, shipboard education, inspection, and compliance conducted by States. The Program shall seek— to build on— existing aquatic nuisance species monitoring efforts; and efforts to develop criteria for prioritizing and distributing monitoring efforts, geographically and among taxa, in the Great Lakes and Lake Champlain Systems; to advance early detection and monitoring, and capacity to control the establishment and spread, of aquatic nuisance species within the Great Lakes and Lake Champlain Systems; to identify opportunities to interdict the introduction and spread of aquatic nuisance species through sound science and technological advancements; to assess the risk of aquatic nuisance species introduction and spread via the range of vectors active within the Great Lakes and Lake Champlain Systems; to advance the development of type-approved ballast water management system (as defined in subsection (p)(1) of section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ) equipment for commercial, non-seagoing vessels that operate solely within the Great Lakes System (as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) )); to immediately make available to the public information regarding— the detection of new aquatic nuisance species within the Great Lakes and Lake Champlain Systems; or the spread of aquatic nuisance species within the Great Lakes and Lake Champlain Systems; to annually submit to appropriate individuals and entities in each affected region a report describing the findings and activities of the Program; to identify roles and responsibilities of Federal agencies in aquatic nuisance species monitoring and response; and to provide resource assistance to States implementing State-level programs to enter into partnerships with Federal agencies in enforcing the requirements under subsection
(p)of section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 ). In carrying out and developing the Program, the Director shall collaborate with— applicable Federal, State, local, and Tribal agencies; and such other research entities or stakeholders as the Director determines to be appropriate. The Director shall— make the data collected under the Program available on a publicly accessible internet website, including in an annual summary report; and in coordination with the entities identified under paragraph (4), develop communication and notification protocols for the purpose of communicating the range of aquatic nuisance species and any identification of a new aquatic nuisance species introduced to the Great Lakes and Lake Champlain Systems. Not later than December 31, 2019, the Director shall submit to Congress a report summarizing the outcomes of activities carried out under the Program. The report under subparagraph
(A)shall include— a description of activities carried out under the Program, including an explanation of how those activities help to achieve the purposes described in paragraph (2)(B); an analysis of Federal, State, and local efforts to enhance multidisciplinary approaches to achieve the purposes described in paragraph (2)(B); recommendations relating to activities that would contribute to achievement of the purposes described in paragraph (2)(B); and recommendations to improve the efficiency and effectiveness of the Program. There is authorized to be appropriated to carry out the Program $50,000,000 for each of fiscal years 2019 through 2023. Section 1102(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4712(f) ) is amended by striking paragraph
(2)and inserting the following: The owner or operator of a vessel subject to this title shall submit to the National Ballast Information Clearinghouse, by not later than 6 hours after the arrival of the vessel at a United States port or place of destination, the ballast water management report form approved by the Office of Management and Budget numbered OMB 1625–0069 (or a successor form), unless the vessel is operating exclusively on a voyage between ports or places within contiguous portions of a single Captain of the Port Zone. The owner or operator of a vessel subject to this title may submit a single report under subparagraph
(A)for multiple ballast water discharges within a single port or place of destination during the same voyage. A State may require the owner or operator of a vessel subject to this title to submit directly to the State, or to an appropriate regional forum, a ballast water management report form— not later than 24 hours prior to arrival at a United States port or place of destination in the State, if the voyage of the vessel is anticipated to exceed 24 hours; or before departing the port or place of departure, if the voyage of the vessel to the United States port or place of destination is not anticipated to exceed 24 hours. On receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse shall— in the case of a form submitted electronically, immediately disseminate the report to interested States; or in the case of a form submitted by means other than electronically, disseminate the report to interested States as soon as practicable. Not later than 30 days after the date of receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse shall make the data in the report fully and readily available to the public in a searchable and fully retrievable electronic format. Not later than July 1, 2019, and annually thereafter, the Secretary shall prepare and submit a report in accordance with this paragraph. Each report under this paragraph shall synthesize and analyze the data described in paragraph
(1)for the preceding 2-year period to evaluate nationwide status and trends relating to— ballast water delivery and management; and invasions of aquatic nuisance species resulting from ballast water. The Secretary shall prepare each report under this paragraph in consultation and cooperation with— the Task Force; and the Smithsonian Institution (acting through the Smithsonian Environmental Research Center). The Secretary shall— submit each report under this paragraph to— the Task Force; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives; and make each report available to the public. Not later than 1 year after the date of enactment of this paragraph, the Secretary shall establish a working group, including members from the National Ballast Information Clearinghouse and States with ballast water management programs, to establish a process for compiling and readily sharing Federal and State commercial vessel reporting and enforcement data regarding compliance with this Act. . Section 1205 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4725 ) is amended— in the third sentence, by striking Compliance and inserting the following: Compliance ; in the second sentence, by striking Nothing and inserting the following: Except as provided in paragraph (2), nothing ; in the first sentence, by striking All actions and inserting the following: All actions ; and in subsection
(b)(as so designated), by adding at the end the following: Any discharge incidental to the normal operation of a vessel, including any discharge of ballast water (as those terms are defined in subsections
(a)and (p)(1) of section 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1322 )), shall be regulated in accordance with that section. .
Connectionstraces to 19
5 references not yet in our index
  • Pub. L. 90-419
  • 79 FR 53702
  • 78 FR 21938
  • Pub. L. 106-554
  • Pub. L. 110-299
Citation graph
cites case law
Sec. 903
Standards for discharges incidental to normal operation of vessels
U.S.C.§ 1322
Stat.Public Law 90–419
U.S.C.§ 2701
U.S.C.§ 300f
U.S.C.§ 4711
U.S.C.§ 4701
U.S.C.§ 4721
U.S.C.§ 4712
U.S.C.§ 1901
Pub. L.Pub. L. 90-419
Fed. Reg.79 FR 53702
Fed. Reg.78 FR 21938
Cites 24 · showing 12Cited by 0 across 0 sources
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