,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdfd ,,in ,,the ,,house ,,of ,,representatives ,november #ac1 #bjac ,mr4 ,lo,biondo 7for himself and ,mr4 ,larsen of ,washington7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act with respect to discharges incidental to the normal operation of certain vessels4 #a4 ,short title ,this ,act may be cited as the ,commercial ,vessel ,discharges ,reform ,act of #bjac4 #b4 ,discharges incidental to the normal operation of a covered vessel 7a7 ,discharges incidental to the normal operation of a covered vessel 7#a7 ,no permit required ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7s7 ,discharges incidental to the normal operation of a covered vessel ,no permit shall be required under this ,act by the ,administrator 7or a ,state1 in the case of a permit program approved under subsection 7b77 for a discharge incidental to the normal operation of a covered vessel 7as defined in section #cab7p774 4 7#b7 ,best management practices for covered vessels ,section #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7p7 ,best management practices for covered vessels 7#a7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,covered vessel ,the term covered vessel means every description of watercraft1 or other artificial contrivance used or capable of being used as a means of transportation on water1 that is engaged in commercial service 7as defined under section #baja of title #df1 ,united ,states ,code71 and-- 7i7 is less than #gi feet in length2 or 7ii7 is a fishing vessel 7as defined in section #baja of title #df1 ,united ,states ,code71 regardless of length of the vessel4 7,b7 ,discharge incidental to the normal operation of a covered vessel 7i7 ,in general ,the term discharge incidental to the normal operation of a covered vessel means-- 7,i7 a discharge into navigable waters from a covered vessel of-- 7aa7 7,,aa7 graywater 7except graywater referred to in section #cab7;a77#f771 bilge water1 cooling water1 oil water separator effluent1 anti-fouling hull coating leachate1 boiler or economizer blowdown1 byproducts from cathodic protection1 controllable pitch propeller and thruster hydraulic fluid1 distillation and reverse osmosis brine1 elevator pit effluent1 firemain system effluent1 freshwater layup effluent1 gas turbine wash water1 motor gasoline and compensating effluent1 refrigeration and air condensate effluent1 seawater pumping biofouling prevention substances1 boat engine wet exhaust1 sonar dome effluent1 exhaust gas scrubber washwater1 or stern tube packing gland effluent2 or 7,,bb7 any other pollutant associated with the operation of a marine propulsion system1 shipboard maneuvering system1 habitability system1 or installed major equipment1 or from a protective1 preservative1 or absorptive application to the hull of a covered vessel2 7bb7 weather deck runoff1 deck wash1 aqueous film forming foam effluent1 chain locker effluent1 non-oily machinery wastewater1 underwater ship husbandry effluent1 welldeck effluent1 or fish hold and fish hold cleaning effluent2 or 7cc7 any effluent from a properly functioning marine engine2 or 7,,ii7 a discharge of a pollutant into navigable waters in connection with the testing1 maintenance1 and repair of a system1 equipment1 or an engine described in item 7aa77,,bb7 or 7cc7 of subclause 7,i7 whenever the covered vessel is waterborne4 7ii7 ,exclusion ,the term discharge incidental to the normal operation of a covered vessel does not include-- 7,i7 a discharge into navigable waters from a covered vessel of-- 7aa7 ballast water2 7bb7 rubbish1 trash1 garbage1 incinerator ash1 or other such material discharged overboard2 7cc7 oil or a hazardous substance within the meaning of section #caa2 or 7dd7 sewage within the meaning of section #cab2 7,,ii7 an emission of an air pollutant resulting from the operation onboard a covered vessel of a vessel propulsion system1 motor driven equipment1 or incinerator2 or 7,,iii7 a discharge into navigable waters from a covered vessel when the covered vessel is operating in a capacity other than as a means of transportation on water4 7#b7 ,determination of discharges subject to best management practices 7,a7 ,determination 7i7 ,in general ,the ,administrator1 in consultation with the ,secretary of the department in which the ,coast ,guard is operating1 shall determine the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate the adverse impacts of such discharges on the waters of the ,united ,states4 7ii7 ,promulgation ,the ,administrator shall promulgate the determinations under clause 7i7 in accordance with section #eec of title #e1 ,united ,states ,code4 7,b7 ,considerations ,in making a determination under subparagraph 7,a71 the ,administrator shall consider-- 7i7 the nature of the discharge2 7ii7 the environmental effects of the discharge1 including characteristics of the receiving waters2 7iii7 the effectiveness of the best management practice in reducing adverse impacts of the discharge on water quality2 7iv7 the practicability of developing and using a best management practice2 7v7 the effect that the use of a best management practice would have on the operation1 operational capability1 or safety of the vessel2 7vi7 applicable ,federal and ,state law2 7vii7 applicable international standards2 and 7viii7 the economic costs of the use of the best management practice4 7,c7 ,timing ,the ,administrator shall-- 7i7 make initial determinations under subparagraph 7,a7 not later than #a year after the date of enactment of this subsection2 and 7ii7 every #e years thereafter-- 7,i7 review the determinations2 and 7,,ii7 if necessary1 revise the determinations based on any new information available to the ,administrator4 7#c7 ,regulations for the use of best management practices 7,a7 ,in general ,the ,secretary of the department in which the ,coast ,guard is operating1 in consultation with the ,administrator1 shall promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the ,administrator determines are reasonable and practicable to develop under paragraph 7#b74 7,b7 ,regulations 7i7 ,in general ,the ,secretary shall promulgate the regulations under this paragraph as soon as practicable after the ,administrator makes determinations pursuant to paragraph 7#b74 7ii7 ,considerations ,in promulgating regulations under this paragraph1 the ,secretary may-- 7,i7 distinguish among classes1 types1 and sizes of vessels2 7,,ii7 distinguish between new and existing vessels2 and 7,,iii7 provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class1 type1 age1 or size of vessel4 7#d7 ,effect of other laws ,this subsection shall not affect the application of section #caa to a covered vessel4 7#e7 ,prohibition relating to covered vessels ,after the effective date of the regulations promulgated by the ,secretary of the department in which the ,coast ,guard is operating under paragraph 7#c71 the owner or operator of a covered vessel shall neither operate in1 nor discharge any discharge incidental to the normal operation of the vessel into1 navigable waters1 if the owner or operator of the vessel is not using any applicable best management practice meeting standards established under this subsection4 4