Sec. 113. Domestic ship recycling facilities
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Section 3502 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 54 U.S.C. 308704 note) is amended— by redesignating subsections
(c)through
(f)as subsections
(d)through (g), respectively; and by inserting after subsection
(b)the following: Notwithstanding any other provision of law, domestic ship scrapping facilities selected by the Secretary of Transportation in accordance with subsection
(b)may import into the United States, for the purpose of dismantling, marine vessels that contain regulated levels of polychlorinated biphenyls that are integral to a vessel’s structure, equipment, or systems necessary for its operation. In lieu of rulemaking by the Administrator of the Environmental Protection Agency under section 6(e) of the Toxic Substances Control Act ( 15 U.S.C. 2605(e) ), imports of vessels containing regulated levels of polychlorinated biphenyls shall be subject to prior notification and consent in accordance with this subsection. An importer of 1 or more vessels containing regulated levels of polychlorinated biphenyls shall submit a notification to the Environmental Protection Agency not less than 75 days before a vessel is imported into the United States under this subsection. The import notification may cover up to one year of shipments of vessels containing regulated levels of polychlorinated biphenyls being sent to the same ship scrapping facility, and shall contain, at a minimum, the following items: The name, contact name, address, telephone number, email address, and EPA Identification Number (if applicable) of the ship scrapping facility and the recognized trader, if the ship scrapping facility is not the importer. The name, contact name, address, telephone number, email address, and EPA Identification Number (if applicable) of each facility where polychlorinated biphenyls or hazardous materials contained on a vessel will be stored and disposed of, including any polychlorinated biphenyls storage or disposal facility approved under the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq.). The types of polychlorinated biphenyls or polychlorinated biphenyls items expected to be removed from the vessels. The number of vessels proposed for import and maximum tonnage. The period of time covered by the import notice (not to exceed one year) and the start and end dates of shipment. Each notice under this paragraph shall be clearly marked PCB Waste Import Notice and shall be submitted to the Environmental Protection Agency in such form and manner as the Environmental Protection Agency may require. If an importer wishes to change any of the information specified on the original notification, the importer must submit a revised notification, containing notification of the changes, to the Environmental Protection Agency. An importer shall not import vessels containing regulated levels of polychlorinated biphenyls until the importer has received consent from the Administrator of the Environmental Protection Agency. Importers shall only import vessels under the terms of the consent issued by the Administrator of the Environmental Protection Agency under this paragraph and subject to the condition that the facility shall establish a valid written contract, chain of contracts, or equivalent arrangements with other United States facilities, where applicable, to manage the polychlorinated biphenyls and hazardous waste expected to be removed from the vessel or vessels. Any ship scrapping facility authorized by this subsection to import vessels containing regulated levels of polychlorinated biphenyls shall file with the Administrator of the Environmental Protection Agency, not later than April 1 of each year, a report providing, for each vessel imported in accordance with this subsection, the following information: The vessel name and approximated tonnage. Registration number and flag of the vessel. The date of import. The types, quantities, and final destination of all polychlorinated biphenyls and hazardous waste removed. The EPA-issued consent number under which the vessel was imported. Once a vessel has been imported pursuant to this subsection, the manufacturing, processing, distribution in commerce, use, and disposal of any polychlorinated biphenyls and hazardous waste contained on the vessel shall be carried out in accordance with applicable Federal, State, and local laws and regulations. The Administrator of the Environmental Protection Agency may promulgate additional standards or procedures for the import of ships that contain regulated levels of polychlorinated biphenyls and hazardous waste, for the purpose of recycling, under this subsection, if— the benefits of such additional standards or procedures exceed the costs of those standards or procedures; not later than 180 days prior to promulgating such additional standards or procedures, the Administrator of the Environmental Protection Agency submits a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives demonstrating compliance with subparagraph
(A)and the reasons such standards or procedures are necessary; and the Administrator of the Environmental Protection Agency receives the concurrence of the Maritime Administrator on any such additional standards or procedures. .
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