[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1578 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1578
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 7, 2007
Mr. Inouye (for himself and Mr. Stevens) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ballast Water Management Act of
2007''.
SEC. 2. FINDINGS.
Section 1002(a) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701(a)) is amended--
(1) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16);
(2) by inserting after paragraph (13) the following:
``(14) aquatic nuisance species may be introduced by other
vessel conduits, including the hulls of ships;'';
(3) by striking ``inland lakes and rivers by recreational
boaters, commercial barge traffic, and a variety of other
pathways; and'' in paragraph (15), as redesignated, and
inserting ``other areas of the United States, including coastal
areas, inland lakes, and rivers by recreational boaters,
commercial traffic, and a variety of other pathways;'';
(4) by inserting ``nongovernmental entities, institutions
of higher education, and the private sector,'' after
``governments,'' in paragraph (16), as redesignated;
(5) by striking ``technologies.'' in paragraph (16), as
redesignated, and inserting ``technologies;''; and
(6) adding at the end the following:
``(17) in 2004, the International Maritime Organization
agreed to a Convention, which the United States played an
active role in negotiating, to prevent, minimize, and
ultimately eliminate the transfer of aquatic nuisance species
through the control and management of ballast water and
sediments;
``(18) the International Maritime Organization agreement
specifically recognizes that countries can take more stringent
measures than those of the Convention with respect to the
control and management of ships' ballast water and sediment;
and
``(19) due to the interstate nature of maritime
transportation and the ways by which aquatic nuisance species
may be transferred by vessels, a comprehensive and uniform
national approach for addressing vessel-borne aquatic nuisance
species is needed to address this issue effectively.''.
SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.
``(a) Statement of Purpose; Vessels to Which This Section
Applies.--
``(1) Purposes.--The purposes of this section are--
``(A) to provide an effective, comprehensive, and
uniform national approach for addressing the
introduction and spread of aquatic nuisance species
from ballast water and other ship-borne vectors;
``(B) to require, as part of that approach,
mandatory treatment technology, with the ultimate goal
of achieving zero discharge of aquatic nuisance
species;
``(C) to create incentives for the development of
ballast water treatment technologies;
``(D) to implement the International Convention for
the Control and Management of Ships' Ballast Water and
Sediments, adopted by the International Maritime
Organization in 2004; and
``(E) to establish a management approach for other
ship-borne vectors of aquatic nuisance species.
``(2) In general.--Except as provided in paragraphs (3),
(4), (5), and (6) this section applies to a vessel that is
designed, constructed, or adapted to carry ballast water; and
``(A) is a vessel of United States registry or
nationality, or operated under the authority of the
United States, wherever located; or
``(B) is a foreign vessel that--
``(i) is en route to a United States port
or place; or
``(ii) has departed from a United States
port or place and is within waters subject to
the jurisdiction of the United States.
``(3) Permanent ballast water vessels.--Except as provided
in paragraph (6), this section does not apply to a vessel that
carries all of its permanent ballast water in sealed tanks and
is not subject to discharge.
``(4) Armed forces vessels.--
``(A) Exemption.--Except as provided in
subparagraph (B) and paragraph (6), this section does
not apply to a vessel of the Armed Forces.
``(B) Ballast water management program.--The
Secretary and the Secretary of Defense, after
consultation with each other and with the Under
Secretary of Commerce for Oceans and Atmosphere, the
Administrator of the Environmental Protection Agency,
and other appropriate Federal agencies as determined by
the Secretary, shall implement a ballast water
management program, including the promulgation of
standards for ballast water exchange and treatment and
for sediment management, for vessels of the Armed
Forces under their respective jurisdictions designed,
constructed, or adapted to carry ballast water that
is--
``(i) consistent with the requirements of
this section, including the deadlines; and
``(ii) at least as stringent as the
requirements promulgated for such vessels under
section 312 of the Clean Water Act (33 U.S.C.
1322).
``(5) Special rule for small vessels.--In applying this
section to vessels less than 50 meters in length that have a
maximum ballast water capacity of 8 cubic meters, the Secretary
may promulgate alternative measures for managing ballast water
in a manner that is consistent with the purposes of this Act.
``(6) Other sources of vessel-borne aquatic nuisance
species.--Measures undertaken by the Secretary under subsection
(s) shall apply to all vessels (as defined in section 3 of
title 1, United States Code).
``(b) Uptake and Discharge of Ballast Water or Sediment.--
``(1) Prohibition.--The operator of a vessel to which this
section applies may not conduct the uptake or discharge of
ballast water or sediment except as provided in this section.
``(2) Exceptions.--Paragraph (1) does not apply to the
uptake or discharge of ballast water or sediment in the
following circumstances:
``(A) The uptake or discharge is solely for the
purpose of--
``(i) ensuring the safety of the vessel in
an emergency situation; or
``(ii) saving a life at sea.
``(B) The uptake or discharge is accidental and the
result of damage to the vessel or its equipment and--
``(i) all reasonable precautions to prevent
or minimize ballast water and sediment
discharge have been taken before and after the
damage occurs, the discovery of the damage, and
the discharge; and
``(ii) the owner or officer in charge of
the vessel did not willfully or recklessly
cause the damage.
``(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge from
the vessel of pollution that would otherwise violate
applicable Federal or State law.
``(D) The uptake or discharge of ballast water and
sediment occurs at the same location where the whole of
that ballast water and that sediment originated and
there is no mixing with ballast water and sediment from
another area that has not been managed in accordance
with the requirements of this section.
``(c) Vessel Ballast Water Management Plan.--
``(1) In general.--The operator of a vessel to which this
section applies shall conduct all ballast water management
operations of that vessel in accordance with a ballast water
management plan designed to minimize the discharge of aquatic
nuisance species that--
``(A) meets the requirements prescribed by the
Secretary by regulation; and
``(B) is approved by the Secretary.
``(2) Approval criteria.--
``(A) In general.--The Secretary may not approve a
ballast water management plan unless the Secretary
determines that the plan--
``(i) describes in detail the actions to be
taken to implement the ballast water management
requirements established under this section;
``(ii) describes in detail the procedures
to be used for disposal of sediment at sea and
on shore in accordance with the requirements of
this section;
``(iii) describes in detail safety
procedures for the vessel and crew associated
with ballast water management;
``(iv) designates the officer on board the
vessel in charge of ensuring that the plan is
properly implemented;
``(v) contains the reporting requirements
for vessels established under this section and
a copy of each form necessary to meet those
requirements;
``(vi) incorporates regulatory
requirements, guidance, and best practices
developed under subsection (s) for other vessel
pathways by which aquatic nuisance species are
transported; and
``(vii) meets all other requirements
prescribed by the Secretary.
``(B) Foreign vessels.--The Secretary may approve a
ballast water management plan for a foreign vessel (as
defined in section 2101(12) of title 46, United States
Code) on the basis of a certificate of compliance with
the criteria described in subparagraph (A) issued by
the vessel's country of registration in accordance with
regulations promulgated by the Secretary.
``(3) Copy of plan on board vessel.--The owner or operator
of a vessel to which this section applies shall--
``(A) maintain a copy of the vessel's ballast water
management plan on board at all times; and
``(B) keep the plan readily available for
examination by the Secretary at all reasonable times.
``(d) Vessel Ballast Water Record Book.--
``(1) In general.--The owner or operator of a vessel to
which this section applies shall maintain a ballast water
record book in English on board the vessel in which--
``(A) each operation involving ballast water or
sediment discharge is fully recorded without delay, in
accordance with regulations promulgated by the
Secretary;
``(B) each such operation is described in detail,
including the location and circumstances of, and the
reason for, the operation; and
``(C) the exact nature and circumstances of any
situation under which any operation was conducted under
an exception set forth in subsection (b)(2) or (e)(3)
is described.
``(2) Availability.--The ballast water record book--
``(A) shall be kept readily available for
examination by the Secretary at all reasonable times;
and
``(B) notwithstanding paragraph (1), may be kept on
the towing vessel in the case of an unmanned vessel
under tow.
``(3) Retention period.--The ballast water record book
shall be retained--
``(A) on board the vessel for a period of 3 years
after the date on which the last entry in the book is
made; and
``(B) under the control of the vessel's owner for
an additional period of 3 years.
``(4) Regulations.--In the regulations prescribed under
this section, the Secretary shall require, at a minimum, that--
``(A) each entry in the ballast water record book
be signed and dated by the officer in charge of the
ballast water operation recorded;
``(B) each completed page in the ballast water
record book be signed and dated by the master of the
vessel; and
``(C) the owner or operator of the vessel transmit
such information to the Secretary regarding the ballast
operations of the vessel as the Secretary may require.
``(5) Alternative means of recordkeeping.--The Secretary
shall provide by regulation for alternative methods of
recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection. Any electronic
recordkeeping method authorized by the Secretary shall support
the inspection and enforcement provisions of this Act and shall
comply with applicable standards of the National Institute of
Standards and Technology and the Office of Management and
Budget governing reliability, integrity, identity
authentication, and nonrepudiation of stored electronic data.
``(e) Ballast Water Exchange Requirements.--
``(1) In general.--
``(A) Requirement.--Until a vessel is required to
conduct ballast water treatment in accordance with
subsection (f) of this section, the operator of a
vessel to which this section applies may not discharge
ballast water in waters subject to the jurisdiction of
the United States except after--
``(i) conducting ballast water exchange as
required by this subsection, in accordance with
regulations prescribed by the Secretary, in a
manner that results in an efficiency of at
least 95 percent volumetric exchange of the
ballast water for each ballast water tank;
``(ii) using ballast water treatment
technology that meets the performance standards
of subsection (f); or
``(iii) using environmentally-sound
alternative ballast water treatment technology,
if the Secretary determines that such treatment
technology is at least as effective as the
ballast water exchange required by clause (i)
in preventing and controlling the introduction
of aquatic nuisance species.
``(B) Technology efficacy.--For purposes of this
paragraph, a ballast water treatment technology shall
be considered to be at least as effective as the
ballast water exchange required by clause (i) in
preventing and controlling the introduction of aquatic
nuisance species if preliminary experiments prior to
installation of the technology aboard the vessel
demonstrate that the technology removed at least 98
percent of organisms larger than 50 microns.
``(2) Guidance; 5-year usage.--
``(A) Guidance.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2007,
after public notice and opportunity for comment, the
Secretary shall develop guidance on technology that may
be used under paragraph (1)(A)(iii).
``(B) 5-year usage.--The Secretary shall allow a
vessel using environmentally-sound alternative ballast
water treatment technology under paragraph (1)(A)(iii)
to continue to use that technology for 5 years after
the date on which the environmentally-sound alternative
ballast water treatment technology was first placed in
service on the vessel, or the date on which treatment
requirements under subsection (f) become applicable,
whichever is later.
``(3) Exchange areas.--
``(A) Vessels outside the united states eez.--The
operator of a vessel en route to a United States port
or place from a port or place outside the United States
exclusive economic zone shall conduct ballast water
exchange--
``(i) before arriving at a United States
port or place;
``(ii) at least 200 nautical miles from the
nearest point of land; and
``(iii) in water at least 200 meters in
depth.
``(B) Coastal voyages.--In lieu of using an
exchange zone described in subparagraph (A)(ii) or
(iii), the operator of a vessel originating from a port
or place within waters subject to the jurisdiction of
the United States, or from a port within 200 nautical
miles of the United States in Canada, Mexico, or other
ports designated by the Secretary for purposes of this
section, and which does not voyage into waters
described in subparagraph (A)(ii) or (iii), shall
conduct ballast water exchange--
``(i) at least 50 nautical miles from the
nearest point of land; and
``(ii) in water at least 200 meters in
depth.
``(4) Safety or stability exception.--
``(A) Secretarial determination.--Paragraph (3)
does not apply to the discharge of ballast water if the
Secretary determines that compliance with that
paragraph would threaten the safety or stability of the
vessel, its crew, or its passengers because of the
design or operating characteristics of the vessel.
``(B) Master of the vessel determination.--
Paragraph (3) does not apply to the discharge of
ballast water if the master of a vessel determines that
compliance with that paragraph would threaten the
safety or stability of the vessel, its crew, or its
passengers because of adverse weather, equipment
failure, or any other relevant condition.
``(C) Notification required.--Whenever the master
of a vessel is unable to comply with the requirements
of paragraph (3) because of a determination made under
subparagraph (B), the master of the vessel shall--
``(i) notify the Secretary as soon as
practicable thereafter but no later than 24
hours after making that determination and shall
ensure that the determination, the reasons for
the determination, and the notice are recorded
in the vessel's ballast water record book; and
``(ii) undertake ballast water exchange--
``(I) in an alternative area that
may be designated by the Secretary,
after consultation with the
Undersecretary, and other appropriate
Federal agencies as determined by the
Secretary, and representatives of
States the waters of which may be
affected by the discharge of ballast
water; or
``(II) undertake discharge of
ballast water in accordance with
paragraph (6) if safety or stability
concerns prevent undertaking ballast
water exchange in the alternative area.
``(D) Review of circumstances.--If the master of a
vessel conducts a ballast water discharge under the
provisions of this paragraph, the Secretary shall
review the circumstances to determine whether the
discharge met the requirements of this paragraph. The
review under this clause shall be in addition to any
other enforcement authority of the Secretary.
``(5) Discharge under waiver.--
``(A) Substantial business hardship waiver.--If,
because of the short length of a voyage, the operator
of a vessel is unable to discharge ballast water in
accordance with the requirements of paragraph (3)(B)
without substantial business hardship, as determined
under regulations prescribed by the Secretary, the
operator shall request a waiver from the Secretary and
discharge the ballast water in accordance with
paragraph (6). A request for a waiver under this
subparagraph shall be submitted to the Secretary at
such time and in such form and manner as the Secretary
may require.
``(B) Substantial business hardship.--For purposes
of subparagraph (A), the factors taken into account in
determining substantial business hardship shall include
whether--
``(i) compliance with the requirements of
paragraph (3)(B) would require a sufficiently
great change in routing or scheduling of
service as to compromise the economic or
commercial viability of the trade or business
in which the vessel is operated; or
``(ii) it is reasonable to expect that the
trade or business or service provided will be
continued only if a waiver is granted under
subparagraph (A).
``(6) Permissable discharge.--
``(A) In general.--The discharge of unexchanged
ballast water shall be considered to be carried out in
accordance with this paragraph if it is--
``(i) in an area designated for that
purpose by the Secretary, after consultation
with the Undersecretary and other appropriate
Federal agencies as determined by the Secretary
and representatives of any State that may be
affected by discharge of ballast water in that
area; or
``(ii) into a reception facility described
in subsection (f)(2).
``(B) Limitation on volume.--The volume of any
ballast water discharged under the provisions of this
paragraph may not exceed the volume necessary to ensure
the safe operation of the vessel.
``(7) Partial compliance.--The operator of a vessel that is
unable to comply fully with the requirements of paragraph (3)--
``(A) shall nonetheless conduct ballast water
exchange to the maximum extent feasible in compliance
with those paragraphs; and
``(B) may conduct a partial ballast water exchange
under this paragraph only to the extent that the
ballast water in an individual ballast tank can be
completely exchanged in accordance with the provisions
of paragraph (1)(A).
``(8) Certain geographically limited routes.--
Notwithstanding paragraph (3)(B) of this subsection, the
operator of a vessel is not required to comply with the
requirements of this subsection--
``(A) if the vessel operates exclusively--
``(i) within Lake Superior, Lake Michigan,
Lake Huron, and Lake Erie and the connecting
channels; or
``(ii) between or among the main group of
the Hawaiian Islands; or
``(B) if the vessel operates exclusively within any
area with respect to which the Secretary has
determined, after consultation with the Undersecretary,
the Administrator, and representatives of States the
waters of which would be affected by the discharge of
ballast water, that the risk of introducing aquatic
nuisance species through ballast water discharge in the
areas in which the vessel operates is insignificant.
``(9) Marine sanctuaries and other prohibited areas.--A
vessel may not conduct ballast water exchange or discharge
unexchanged ballast water under this subsection within a marine
sanctuary designated under title III of the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any other waters
designated by the Secretary after consultation with the
Undersecretary and the Administrator.
``(10) Regulations deadline.--The Secretary shall issue a
final rule for regulations required by this subsection within 1
year after the date of enactment of the Ballast Water
Management Act of 2007.
``(11) Vessels operating in the great lakes.--
``(A) Regulations.--Until such time as regulations
are promulgated to implement the amendments made by the
Ballast Water Management Act of 2007, regulations
promulgated to carry out this Act shall remain in
effect until revised or replaced pursuant to the
Ballast Water Management Act of 2007.
``(B) Relationship to other programs.--On
promulgation of regulations required under this Act to
implement a national mandatory ballast management
program that is at least as comprehensive as the Great
Lakes program (as determined by the Secretary, in
consultation with the Governors of Great Lakes
States)--
``(i) the program regulating vessels and
ballast water in Great Lakes under this section
shall terminate; and
``(ii) the national program shall apply to
such vessels and ballast water.
``(12) Vessels with no ballast on board.--Not later than
180 days after the date of enactment of the Ballast Water
Management Act of 2007, the Secretary shall promulgate
regulations to minimize the discharge of invasive species from
ships entering a United States port or place from outside the
United States exclusive economic zone that claim no ballast on
board, or that claim to be carrying only unpumpable quantities
of ballast, including, at a minimum, a requirement that--
``(i) such a ship shall conduct saltwater
flushing of ballast water tanks--
``(I) outside the exclusive
economic zone; or
``(II) at a designated alternative
exchange site; and
``(ii) before being allowed entry into the
Great Lakes beyond the St. Lawrence Seaway, the
master of such a ship shall certify that the
ship has complied with each applicable
requirement under this subsection.
``(f) Ballast Water Treatment Requirements.--
``(1) Performance standards.--A vessel to which this
section applies shall conduct ballast water treatment in
accordance with the requirements of this subsection before
discharging ballast water so that the ballast water discharged
will contain--
``(A) less than 1 living organism per 10 cubic
meters that is 50 or more micrometers in minimum
dimension;
``(B) 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;
``(C) concentrations of indicator microbes that are
less than--
``(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100
milliliters, or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
``(ii) 126 colony-forming units of
escherichia coli per 100 milliliters; and
``(iii) 33 colony-forming units of
intestinal enterococci per 100 milliliters; and
``(D) concentrations of such additional indicator
microbes as may be specified in regulations promulgated
by the Administrator, after consultation with the
Secretary and other appropriate Federal agencies as
determined by the Secretary, that are less than the
amount specified in those regulations.
``(2) Reception facility exception.--
``(A) In general.--Paragraph (1) does not apply to
a vessel that discharges ballast water into a facility
for the reception of ballast water that meets standards
prescribed by the Administrator.
``(B) Promulgation of standards.--Within 1 year
after the date of enactment of the Ballast Water
Management Act of 2007, the Administrator, in
consultation with the Secretary other appropriate
Federal agencies as determined by the Administrator,
shall promulgate standards for--
``(i) the reception of ballast water from
vessels into reception facilities; and
``(ii) the disposal or treatment of such
ballast water in a way that does not impair or
damage the environment, human health, property,
or resources.
``(3) Implementation schedule.--Paragraph (1) applies to
vessels in accordance with the following schedule:
``(A) First phase.--Beginning January 1, 2011, for
vessels constructed on or after that date with a
ballast water capacity of less than 5,000 cubic meters.
``(B) Second phase.--Beginning January 1, 2013, for
vessels constructed on or after that date with a
ballast water capacity of 5,000 cubic meters or more.
``(C) Third phase.--Beginning January 1, 2013, for
vessels constructed before January 1, 2011, with a
ballast water capacity of 1,500 cubic meters or more
but not more than 5,000 cubic meters.
``(D) Fourth phase.--Beginning January 1, 2015, for
vessels constructed--
``(i) before January 1, 2011, with a
ballast water capacity of less than 1,500 cubic
meters or 5,000 cubic meters or more; or
``(ii) on or after January 1, 2011, and
before January 1, 2013, with a ballast water
capacity of 5,000 cubic meters or more.
``(4) Treatment system approval required.--The operator of
a vessel may not use a ballast water treatment system to comply
with the requirements of this subsection unless the system is
approved by the Secretary, in consultation with the
Administrator. The Secretary shall promulgate regulations
establishing a process for such approval, after consultation
with the Administrator and other appropriate Federal agencies
as determined by the Secretary, within 1 year after the date of
enactment of the Ballast Water Management Act of 2007.
``(5) Feasibility review.--
``(A) In general.--Not less than 2 years before the
date on which paragraph (1) applies to vessels under
each subparagraph of paragraph (3), or as that date may
be extended under this paragraph, the Secretary, in
consultation with the Administrator, shall complete a
review to determine whether appropriate technologies
are available to achieve the standards set forth in
paragraph (1) for the vessels to which they apply under
the schedule set forth in paragraph (3). In reviewing
the technologies the Secretary, after consultation with
the Administrator and other appropriate Federal
agencies as determined by the Secretary, shall
consider--
``(i) the effectiveness of a technology in
achieving the standards;
``(ii) feasibility in terms of
compatibility with ship design and operations;
``(iii) safety considerations;
``(iv) whether a technology has an adverse
impact on the environment; and
``(v) cost effectiveness.
``(B) Delay in scheduled application.--If the
Secretary determines, on the basis of the review
conducted under subparagraph (A), that compliance with
the standards set forth in paragraph (1) in accordance
with the schedule set forth in any subparagraph of
paragraph (3) is not feasible for any class of vessels,
the Secretary shall require use of the best performing
technology available that meets, at a minimum, the
applicable ballast water discharge standard of the
International Maritime Organization. If the Secretary
finds that no technology exists that will achieve
either the standards set forth in paragraph (1) or the
standards of the International Maritime Organization,
then, the Secretary shall--
``(i) extend the date on which that
subparagraph first applies to vessels for a
period of not more than 24 months; and
``(ii) recommend action to ensure that
compliance with the extended date schedule for
that subparagraph is achieved.
``(C) Higher standards; earlier implementation.--
``(i) Standards.--If the Secretary
determines that ballast water treatment
technology exists that exceeds the performance
standards required under this subsection, the
Secretary shall, for any class of vessels,
revise the performance standards to incorporate
the higher performance standards.
``(ii) Implementation.--If the Secretary
determines that technology that achieves the
applicable performance standards required under
this subsection can be implemented earlier than
required by this subsection, the Secretary
shall, for any class of vessels, accelerate the
implementation schedule under paragraph (3). If
the Secretary accelerates the implementation
schedule pursuant to this clause, the Secretary
shall provide at least 24 months notice before
such accelerated implementation goes into
effect.
``(iii) Determinations not mutually
exclusive.--The Secretary shall take action
under both clause (i) and clause (ii) if the
Secretary makes determinations under both
clauses.
``(6) Delay of application for vessel participating in
promising technology evaluations.--
``(A) In general.--If a vessel participates in a
program approved by the Secretary to test and evaluate
promising ballast water treatment technologies that are
likely to result in treatment technologies achieving a
standard that is the same as or more stringent than the
standard that applies under paragraph (1) before the
first date on which paragraph (1) applies to that
vessel, the Secretary shall allow the vessel to use
that technology for a 10-year period and such vessel
shall be deemed to be in compliance with the
requirements of paragraph (1) during that 10-year
period.
``(B) Vessel diversity.--The Secretary--
``(i) shall seek to ensure that a wide
variety of vessel types and voyages are
included in the program; but
``(ii) may not grant a delay under this
paragraph to more than 5 percent of the vessels
to which subparagraph (A), (B), (C), or (D) of
paragraph (3) applies.
``(C) Termination of grace period.--The Secretary
may terminate the 10-year grace period of a vessel
under subparagraph (A) if participation of the vessel
in the program is terminated without the consent of the
Secretary.
``(D) Annual re-evaluation; termination.--The
Secretary shall establish an annual evaluation process
to determine whether the performance of an approved
technology is sufficiently effective and whether it is
causing harm to the environment. If the Secretary
determines that an approved technology is
insufficiently effective or is causing harm to the
environment, the Secretary shall revoke the approval
granted under subparagraph (A).
``(7) Review of standards.--
``(A) In general.--In December, 2014, and in every
third year thereafter, the Administrator, in
consultation with the Secretary, shall review ballast
water treatment standards to determine, after
consultation with the Undersecretary and other
appropriate Federal agencies as determined by the
Secretary, if the standards under this subsection
should be revised to reduce the amount of organisms or
microbes allowed to be discharged, taking into account
improvements in the scientific understanding of
biological processes leading to the spread of aquatic
nuisance species and improvements in ballast water
treatment technology. The Administrator shall revise by
regulation the performance standard required under this
subsection as necessary.
``(B) Application of adjusted standards.--In the
regulations, the Secretary shall provide for the
prospective application of the adjusted standards
prescribed under this paragraph to vessels constructed
after the date on which the adjusted standards apply
and for an orderly phase-in of the adjusted standards
to existing vessels.
``(8) Installed equipment.--If ballast water treatment
technology used for purposes of complying with the regulations
under this subsection is installed on a vessel, maintained in
good working order, and used by the vessel, the vessel may use
that technology for the shorter of--
``(A) the 10-year period beginning on the date of
initial use of the technology; or
``(B) the life of the ship on which the technology
is used.
``(9) High-risk vessels.--
``(A) Vessel list.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2007,
the Secretary shall publish and regularly update a list
of vessels identified by States that, due to factors
such as the origin of their voyages, the frequency of
their voyages, the volume of ballast water they carry,
the biological makeup of the ballast water, and the
fact that they frequently discharge unexchanged ballast
water pursuant to an exception under subsection (e),
pose a relatively high risk of introducing aquatic
nuisance species into the waters of those States.
``(B) Incentive programs.--The Secretary shall give
priority to vessels on the list for participation in
pilot programs described in paragraph (6). Any Federal
agency, and any State agency with respect to vessels
identified by such State to the Secretary for inclusion
on the list pursuant to subparagraph (A), may develop
technology development programs or other incentives
(whether positive or negative) to such vessels in order
to encourage the adoption of ballast water treatment
technology by those vessels consistent with the
requirements of this section on an expedited basis.
``(10) Exception for vessels operating exclusively in
determined area.--
``(A) In general.--Paragraph (1) does not apply to
a vessel that operates exclusively within an area if
the Secretary has determined through a rulemaking
proceeding, after consultation with the Undersecretary
and other appropriate Federal agencies as determined by
the Secretary, and representatives of States the waters
of which could be affected by the discharge of ballast
water, that the risk of introducing aquatic nuisance
species through ballast water discharge from the vessel
is insignificant.
``(B) Certain vessels.--A vessel constructed before
January 1, 2001, that operates exclusively within Lake
Superior, Lake Michigan, Lake Huron, and Lake Erie and
the connecting channels shall be presumed not to pose a
significant risk of introducing aquatic nuisance
species unless the Secretary finds otherwise in a
rulemaking proceeding under subparagraph (A).
``(C) Best practices.--The Secretary shall develop,
and require vessels exempted from complying with the
requirements of paragraph (1) under this paragraph to
follow, best practices, developed in consultation with
the Governors or States that may be affected, to
minimize the spreading of aquatic nuisance species in
its operating area.
``(11) Laboratories.--The Secretary may use any Federal or
non-Federal laboratory that meets standards established by the
Secretary for the purpose of evaluating and certifying ballast
water treatment technologies and equipment under this
subsection.
``(g) Warnings Concerning Ballast Water Uptake.--
``(1) In general.--The Secretary shall notify vessel owners
and operators of any area in waters subject to the jurisdiction
of the United States in which vessels may not uptake ballast
water due to known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative
areas for the uptake of ballast water.
``(h) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water except--
``(A) in accordance with this subsection and the
ballast water management plan required under subsection
(c); and
``(B) more than 200 nautical miles from the nearest
point of land or into a reception facility that meets
the requirements of paragraph (3).
``(2) Design requirements.--
``(A) New vessels.--After December 31, 2008, it
shall be unlawful to construct a vessel in the United
States to which this section applies unless that vessel
is designed and constructed, in accordance with
regulations prescribed under subparagraph (C), in a
manner that--
``(i) minimizes the uptake and entrapment
of sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for
sediment removal and sampling.
``(B) Existing vessels.--Every vessel to which this
section applies that was constructed before January 1,
2009, shall be modified before January 1, 2009, to the
extent practicable, to achieve the objectives described
in clauses (i), (ii), and (iii) of subparagraph (A).
``(C) Regulations.--The Secretary shall promulgate
regulations establishing design and construction
standards to achieve the objectives of subparagraph (A)
and providing guidance for modifications and practices
under subparagraph (B). The Secretary shall incorporate
the standards and guidance in the regulations governing
the ballast water management plan.
``(3) Sediment reception facilities.--
``(A) Standards.--The Secretary, in consultation
with other appropriate Federal agencies as determined
by the Secretary, shall promulgate regulations
governing facilities for the reception of vessel
sediment from spaces designed to carry ballast water
that provide for the disposal of such sediment in a way
that does not impair or damage the environment, human
health, or property or resources of the disposal area.
``(B) Designation.--The Administrator, in
consultation with the Secretary and other appropriate
Federal agencies as determined by the Administrator,
shall designate facilities for the reception of vessel
sediment that meet the requirements of the regulations
promulgated under subparagraph (A) at ports and
terminals where ballast tanks are cleaned or repaired.
``(i) Examinations and Certifications.--
``(1) Initial examination.--
``(A) In general.--The Secretary shall examine
vessels to which this section applies to determine
whether--
``(i) there is a ballast water management
plan for the vessel that meets the requirements
of this section; and
``(ii) the equipment used for ballast water
and sediment management in accordance with the
requirements of this section and the
regulations promulgated hereunder is installed
and functioning properly.
``(B) New vessels.--For vessels constructed in the
United States on or after January 1, 2011, the
Secretary shall conduct the examination required by
subparagraph (A) before the vessel is placed in
service.
``(C) Existing vessels.--For vessels constructed
before January 1, 2011, the Secretary shall--
``(i) conduct the examination required by
subparagraph (A) before the date on which
subsection (f)(1) applies to the vessel
according to the schedule in subsection (f)(3);
and
``(ii) inspect the vessel's ballast water
record book required by subsection (d).
``(D) Foreign vessels.--In the case of a foreign
vessel (as defined in section 2101(12) of title 46,
United States Code), the Secretary shall perform the
examination required by this paragraph the first time
the vessel enters a United States port.
``(2) Subsequent examinations.--The Secretary shall examine
vessels no less frequently than once each year to ensure vessel
compliance with the requirements of this section.
``(3) Inspection authority.--
``(A) In general.--The Secretary may carry out
inspections of any vessel to which this section applies
at any time, including the taking of ballast water
samples, to ensure the vessel's compliance with this
Act. The Secretary shall use all appropriate and
practical measures of detection and environmental
monitoring, and shall establish adequate procedures for
reporting violations and accumulating evidence.
``(B) Investigations.--Upon receipt of evidence
that a violation has occurred, the Secretary shall
cause the matter to be investigated. In any
investigation under this section the Secretary may
issue subpoenas to require the attendance of any
witness and the production of documents and other
evidence. In case of refusal to obey a subpoena issued
to any person, the Secretary may request the Attorney
General to invoke the aid of the appropriate district
court of the United States to compel compliance.
``(4) Required certificate.--If, on the basis of an initial
examination under paragraph (1) the Secretary finds that a
vessel complies with the requirements of this section and the
regulations promulgated hereunder, the Secretary shall issue a
certificate under this paragraph as evidence of such
compliance. The certificate shall be valid for a period of not
more than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board the
vessel.
``(5) Notification of violations.--If the Secretary finds,
on the basis of an examination under paragraph (1) or (2),
sampling under paragraph (3), or any other information, that a
vessel is being operated in violation of the requirements of
this section or the regulations promulgated hereunder, the
Secretary shall--
``(A) notify in writing--
``(i) the master of the vessel; and
``(ii) the captain of the port at the
vessel's next port of call; and
``(B) take such other action as may be appropriate.
``(6) Compliance and monitoring.--
``(A) In general.--The Secretary shall by
regulation establish sampling and other procedures to
monitor compliance with the requirements of this
section and any regulations promulgated under this
section.
``(B) Use of markers.--The Secretary may verify
compliance with treatment standards under this section
and the regulations through identification of markers
associated with a treatment technology's effectiveness,
such as the presence of indicators associated with a
certified treatment technology.
``(7) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
requirements issued under this section.
``(j) Detention of Vessels.--
``(1) In general.--The Secretary, by notice to the owner,
charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if the
Secretary has reasonable cause to believe that--
``(A) the vessel is a vessel to which this section
applies; and
``(B) the vessel does not comply with the
requirements of this section or of the regulations
issued hereunder or is being operated in violation of
such requirements.
``(2) Clearance.--
``(A) In general.--A vessel detained under
paragraph (1) may obtain clearance under section 4197
of the Revised Statutes (46 U.S.C. App. 91) only if the
violation for which it was detained has been corrected.
``(B) Withdrawal.--If the Secretary finds that a
vessel detained under paragraph (1) has received a
clearance under section 4197 of the Revised Statutes
(46 U.S.C. App. 91) before it was detained under
paragraph (1), the Secretary shall withdraw, withhold,
or revoke the clearance.
``(k) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for a
civil penalty in an amount not to exceed $32,500. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of this section or the regulations is
liable in rem for any civil penalty assessed under this
subsection for that violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under this section is
guilty of a class C felony.
``(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance of a
vessel required by section 4197 of the Revised Statutes (46
U.S.C. App. 91), if the owner or operator of that vessel is in
violation of this section or the regulations issued under this
section.
``(4) Exception to sanctions.--This subsection does not
apply to a discharge pursuant to subsection (b)(3), (e)(5), or
(e)(7).
``(l) Enforcement.--
``(1) Administrative actions.--If the Secretary finds,
after notice and an opportunity for a hearing, that a person
has violated any provision of this section or any regulation
promulgated hereunder, the Secretary may assess a civil penalty
for that violation. In determining the amount of a civil
penalty, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior violations, and such other
matters as justice may require.
``(2) Civil actions.--At the request of the Secretary, the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce this section, or
any regulation promulgated hereunder. Any court before which
such an action is brought may award appropriate relief,
including temporary or permanent injunctions and civil
penalties.
``(m) Consultation with Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, after consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of aquatic nuisance species
through ballast water.
``(n) International Cooperation.--The Secretary, in cooperation
with the Undersecretary, the Secretary of State, the Administrator, the
heads of other relevant Federal agencies, the International Maritime
Organization of the United Nations, and the Commission on Environmental
Cooperation established pursuant to the North American Free Trade
Agreement, is encouraged to enter into negotiations with the
governments of foreign countries to develop and implement an effective
international program for preventing the unintentional introduction and
spread of aquatic nuisance species through ballast water. The Secretary
is particularly encouraged to seek bilateral or multilateral agreements
with Canada, Mexico, and other nations in the Wider Caribbean (as
defined in the Convention for the Protection and Development of the
Marine Environment of the Wider Caribbean (Cartagena Convention) under
this section.
``(o) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States when the
Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(p) Support for Federal Ballast Water Demonstration Project.--In
addition to amounts otherwise available to the Maritime Administration,
the National Oceanographic and Atmospheric Administration, and the
United States Fish and Wildlife Service for the Federal Ballast Water
Demonstration Project, the Secretary shall provide support for the
conduct and expansion of the project, including grants for research and
development of innovative technologies for the management, treatment,
and disposal of ballast water and sediment, for ballast water exchange,
and for other vessel vectors of aquatic nuisance species such as hull-
fouling. There are authorized to be appropriated to the Secretary
$5,000,000 for each of fiscal years 2007 through 2011 to carry out this
subsection.
``(q) Consultation With Task Force.--The Secretary shall consult
with the Task Force in carrying out this section.
``(r) Risk Assessment.--
``(1) In general.--Within 2 years after the date of
enactment of the Ballast Water Management Act of 2007, the
Administrator, in consultation with the Secretary and other
appropriate Federal agencies, shall conduct a risk assessment
of vessel discharges other than aquatic nuisance species that
are not required by the Clean Water Act (33 U.S.C. 1251 et
seq.) to have National Pollution Effluent Discharge Standards
permits under section 122.3(a) of title 40, Code of Federal
Regulations. The risk assessment shall include--
``(A) a characterization of the various types of
discharges by different classes of vessels;
``(B) the average volume of such discharges for
individual vessels and by class of vessel in the
aggregate;
``(C) conclusions as to whether such discharges
pose a risk to human health or the environment; and
``(D) recommendations as to steps, including
regulations, that are necessary to address such risks.
``(2) Public comment.--The Administrator shall cause a
draft of the risk assessment to be published in the Federal
Register for public comment, and shall develop a final risk
assessment report after taking into accounts any comments
received during the public comment period.
``(3) Final report.--The Administrator shall transmit a
copy of the final report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
``(s) Other Sources of Vessel-Borne Nuisance Species.--
``(1) Hull-fouling and other vessel sources.--
``(A) Report.--Within 180 days after the date of
enactment of the Ballast Water Management Act of 2007,
the Commandant of the Coast Guard shall transmit a
report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on
vessel-borne vectors of aquatic nuisance species and
pathogens other than ballast water and sediment,
including vessel hulls, anchors, and equipment.
``(B) Management.--Within 1 year after the date of
enactment of the Ballast Water Management Act of 2007,
the Secretary shall develop a strategy to address such
other vessel sources of aquatic nuisance species and to
reduce the introduction of invasive species into and
within the United States from vessels. The strategy
shall include--
``(i) designation of geographical locations
for update and discharge of untreated ballast
water, as well as measures to address non-
ballast vessel vectors of aquatic invasive
species;
``(ii) necessary modifications of existing
regulations;
``(iii) best practices standards and
procedures; and
``(iv) a timeframe for implementation of
those standards and procedures by vessels, in
addition to the mandatory requirements set
forth in this section for ballast water.
``(C) Report.--The Secretary shall transmit a
report to the Committees describing the strategy,
proposed regulations, best practices, and the
implementation timeframe, together with any
recommendations, including legislative recommendations
if appropriate, the Secretary deems appropriate.
``(D) Standards for vessels of the united states.--
The strategy shall include requirements to ensure the
consistent application of best practices to all vessels
owned or operated by a Federal agency.
``(2) Transiting vessels.--Within 180 days after the date
of enactment of the Ballast Water Management Act of 2007, the
Commandant of the Coast Guard shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure containing--
``(A) an assessment of the magnitude and potential
adverse impacts of ballast water operations from
foreign vessels designed, adapted, or constructed to
carry ballast water that are transiting waters subject
to the jurisdiction of the United States; and
``(B) recommendations, including legislative
recommendations if appropriate, of options for
addressing ballast water operations of those vessels.
``(t) Regulations.--
``(1) In general.--The Secretary, after consultation with
other appropriate Federal agencies, shall issue such
regulations as may be necessary initially to carry out this
section within 1 year after the date of enactment of the
Ballast Water Management Act of 2007.
``(2) Judicial review.--
``(A) 120-day rule.--An interested person may bring
an action for review of a final regulation promulgated
under this section by the Secretary of the department
in which the Coast Guard is operating in the United
States Court of Appeals for the District of Columbia
Circuit. Any such petition shall be filed within 120
days after the date on which notice of the promulgation
appears in the Federal Register, except that if the
petition is based solely on grounds arising after the
120th day, then any petition for review under this
subsection shall be filed within 120 days after those
grounds arise.
``(B) Review in enforcement proceedings.--A
regulation for which review could have been obtained
under subparagraph (A) of this paragraph is not subject
to judicial review in any civil or criminal proceeding
for enforcement.
``(u) Savings Clause.--
``(1) In general.--Nothing in this section shall be
construed to preempt the authority of any State or local
government to impose penalties or fees for acts or omissions
that are violations of this Act, or to provide incentives under
subsection (f)(9)(B).
``(2) Reception facilities.--The standards prescribed by
the Secretary or other appropriate Federal agencies under
subsection (f)(2) do not supersede any more stringent standard
under any otherwise applicable Federal, State, or local law.
``(3) Application with other statutes.--This section
provides the sole Federal authority for preventing the
introduction of species through the control and management of
vessel ballast water or sediment or other vessel-related
vectors.''.
(b) Definitions.--
(1) In general.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(A) by redesignating paragraph (1) as paragraph
(1A);
(B) by inserting before paragraph (1A), as
redesignated, the following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency;'';
(C) by striking paragraph (3) and inserting the
following:
``(3) `ballast water'--
``(A) means water taken on board a vessel to
control trim, list, draught, stability, or stresses of
the vessel, including matter suspended in such water;
and
``(B) any water placed into a ballast tank during
cleaning, maintenance, or other operations; but
``(C) does not include water taken on board a
vessel and used for a purpose described in subparagraph
(A) that, at the time of discharge, does not contain
aquatic nuisance species;'';
(D) by inserting after paragraph (3) the following:
``(3A) `ballast water capacity' means the total volumetric
capacity of any tanks, spaces, or compartments on a vessel that
is used for carrying, loading, or discharging ballast water,
including any multi-use tank, space, or compartment designed to
allow carriage of ballast water;
``(3B) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either
singularly or in combination, to remove, render harmless, or
avoid the uptake or discharge of aquatic nuisance species and
pathogens within ballast water and sediment;
``(3C) `constructed' means a state of construction of a
vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising
at least 50 tons or 1 percent of the estimated mass of
all structural material of the vessel, whichever is
less; or
``(D) the vessel undergoes a major conversion;'';
(E) by inserting after paragraph (10) the
following:
``(10A) `major conversion' means a conversion of a vessel,
that--
``(A) changes its ballast water carrying capacity
by at least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by
at least 10 years (as determined by the Secretary); or
``(D) results in modifications to the vessel's
ballast water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the
requirements of section 1101(e);'';
(F) by inserting after paragraph (12), as
redesignated, the following:
``(12A) `saltwater flushing' means the process of--
``(A) adding midocean water to a ballast water tank
that contains residual quantities of ballast waters;
``(B) mixing the midocean water with the residual
ballast water and sediment in the tank through the
motion of a vessel; and
``(C) discharging the mixed water so that the
salinity of the resulting residual ballast water in the
tank exceeds 30 parts per thousand;
``(12B) `sediment' means matter that has settled out of
ballast water within a vessel;'';
(G) by redesignating paragraph (15) as paragraph
(16A) and moving it to follow paragraph (16);
(H) by inserting after paragraph (17) the
following:
``(17A) `United States port' means a port, river, harbor,
or offshore terminal under the jurisdiction of the United
States, including ports located in Puerto Rico, Guam, the
Northern Marianas, and the United States Virgin Islands;
``(17B) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and
``(B) any vessel owned or operated by the
Department of Homeland Security that is designated by
the Secretary of the department in which the Coast
Guard is operating as a vessel equivalent to a vessel
described in subparagraph (A); and
``(17C) `waters subject to the jurisdiction of the United
States' means navigable waters and the territorial sea of the
United States, the exclusive economic zone, and the Great
Lakes.''.
(2) Stylistic consistency.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4702), as amended by paragraph (1), is further
amended--
(A) by striking ``As used in this Act, the term--''
and inserting ``In this Act:'';
(B) by redesignating paragraphs (1) through (17C)
as paragraphs (1) through (27), respectively; and
(C) by inserting a heading after the designation of
each existing paragraph, in a form consistent with the
form of the para