,,ii #aacth ,,congress #b;d ,session ,s4 #bjid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjad,mr4 ,begich 7for himself1 ,mr4 ,rubio1 ,ms4 ,ayotte1 ,mr4 ,blunt1 ,mr4 ,boozman1 ,mr4 ,casey1 ,mr4 ,cochran1 ,ms4 ,collins1 ,ms4 ,hirono1 ,ms4 ,landrieu1 ,mrs4 ,mc,caskill1 ,mr4 ,markey1 ,ms4 ,murkowski1 ,mr4 ,nelson1 ,mr4 ,pryor1 ,mr4 ,rockefeller1 ,mr4 ,schatz1 ,mr4 ,thune1 ,mr4 ,toomey1 ,mr4 ,vitter1 ,ms4 ,warren1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide for the establishment of nationally uniform and environmentally sound standards governing discharges incidental to the normal operation of a vessel4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,vessel ,incidental ,discharge ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings2 purpose4,sec4 #c4 ,definitions4,sec4 #d4 ,regulation and enforcement4,sec4 #e4 ,uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel4,sec4 #f4 ,treatment technology certification4,sec4 #g4 ,exemptions4,sec4 #h4 ,alternative compliance program4,sec4 #i4 ,judicial review4,sec4 #aj4 ,effect on ,state authority4,sec4 #aa4 ,application with other statutes4 #b4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,beginning with enactment of the ,act to ,prevent ,pollution from ,ships in #aihj 7#bb ,u4,s4,c4 #aija et seq471 the ,united ,states ,coast ,guard has been the principal ,federal authority charged with administering1 enforcing1 and prescribing regulations relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation4 7#b7 ,the ,coast ,guard estimates there are approximately #ba1efj1jjj ,state-registered recreational vessels1 #ge1jjj commercial fishing vessels1 and #cc1jjj freight and tank barges operating in ,united ,states waters4 7#c7 ,from #aigc to #bjje1 certain discharges incidental to the normal operation of a vessel were exempted by regulation from otherwise applicable permitting requirements4 7#d7 ,over the #cb years during which this regulatory exemption was in effect1 ,congress enacted statutes on a number of occasions dealing with the regulation of discharges incidental to the normal operation of a vessel1 including-- 7,a7 the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq47 in #aihj2 7,b7 the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq472 7,c7 the ,national ,invasive ,species ,act of #aiif 7#aaj ,stat4 #djgc72 7,d7 section #dae of the ,coast ,guard ,authorization ,act of #aiih 7#aab ,stat4 #cdcd7 and section #fbc of the ,coast ,guard and ,maritime ,transportation ,act of #bjjd 7#cc ,u4,s4,c4 #aija note71 which established interim and permanent requirements1 respectively1 for the regulation of vessel discharges of certain bulk cargo residue2 7,e7 title ,,xiv of division ,b of ,appendix ,d of the ,consolidated ,appropriations ,act1 #bjja 7#aad ,stat4 #bgfc71 which prohibited or limited certain vessel discharges in certain areas of ,alaska2 7,f7 section #bjd of the ,maritime ,transportation ,security ,act of #bjjb 7#cc ,u4,s4,c4 #aijb;a71 which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings2 and 7,g7 title ,x of the ,coast ,guard ,authorization ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq471 which provided for the implementation of the ,international ,convention on the ,control of ,harmful ,anti-,fouling ,systems on ,ships1 #bjja4 7b7 ,purpose ,the purpose of this ,act is to provide for the establishment of nationally uniform and environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,aquatic nuisance species ,the term aquatic nuisance species means a nonindigenous species 7including a pathogen7 that threatens the diversity or abundance of native species or the ecological stability of navigable waters or commercial1 agricultural1 aquacultural1 or recreational activities dependent on such waters4 7#c7 ,ballast water 7,a7 ,in general ,the term ballast water means any water1 including any sediment suspended in such water1 taken aboard a vessel-- 7i7 to control trim1 list1 draught1 stability1 or stresses of the vessel2 or 7ii7 during the cleaning1 maintenance1 or other operation of a ballast water treatment technology of the vessel4 7,b7 ,exclusions ,the term ballast water does not include any pollutant that is added to water described in subparagraph 7,a7 that is not directly related to the operation of a properly functioning ballast water treatment technology under this ,act4 7#d7 ,ballast water performance standard ,the term ballast water performance standard means the numerical ballast water discharge standard set forth in section #aea4bjcj of title #cc1 ,code of ,federal ,regulations or section #aea4aeaa of title #cc1 ,code of ,federal ,regulations1 as applicable1 or a revised numerical ballast water performance standard established under subsection 7a77#a77;,b71 7b71 or 7c7 of section #e of this ,act4 7#e7 ,ballast water treatment technology or treatment technology ,the term ballast water treatment technology or treatment technology means any mechanical1 physical1 chemical1 or biological process used1 alone or in combination1 to remove1 render harmless1 or avoid the uptake or discharge of aquatic nuisance species within ballast water4 7#f7 ,biocide ,the term biocide means a substance or organism1 including a virus or fungus1 that is introduced into or produced by a ballast water treatment technology to reduce or eliminate aquatic nuisance species as part of the process used to comply with a ballast water performance standard under this ,act4 7#g7 ,discharge incidental to the normal operation of a vessel 7,a7 ,in general ,the term discharge incidental to the normal operation of a vessel means-- 7i7 a discharge into navigable waters from a vessel of-- 7,i7 7aa7 ballast water1 graywater1 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 7bb7 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 vessel2 7,,ii7 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 7,,iii7 any effluent from a properly functioning marine engine2 or 7ii7 a discharge of a pollutant into navigable waters in connection with the testing1 maintenance1 or repair of a system1 equipment1 or engine described in subclause 7,i77bb7 or 7,,iii7 of clause 7i7 whenever the vessel is waterborne4 7,b7 ,exclusions ,the term discharge incidental to the normal operation of a vessel does not include-- 7i7 a discharge into navigable waters from a vessel of-- 7,i7 rubbish1 trash1 garbage1 incinerator ash1 or other such material discharged overboard2 7,,ii7 oil or a hazardous substance as those terms are defined in section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba72 7,,iii7 sewage as defined in section #cab7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7;a77#f772 or 7,,iv7 graywater referred to in section #cab7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7;a77#f772 7ii7 an emission of an air pollutant resulting from the operation onboard a vessel of a vessel propulsion system1 motor driven equipment1 or incinerator2 or 7iii7 a discharge into navigable waters from a vessel when the vessel is operating in a capacity other than as a means of transportation on water4 7#h7 ,geographically limited area ,the term geographically limited area means an area-- 7,a7 with a physical limitation1 including limitation by physical size and limitation by authorized route1 that prevents a vessel from operating outside the area1 as determined by the ,secretary2 or 7,b7 that is ecologically homogeneous1 as determined by the ,secretary1 in consultation with the heads of other ,federal departments or agencies as the ,secretary considers appropriate4 7#i7 ,manufacturer ,the term manufacturer means a person engaged in the manufacture1 assemblage1 or importation of ballast water treatment technology4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 7#aa7 ,vessel ,the term vessel means every description of watercraft or other artificial contrivance used1 or practically or otherwise capable of being used1 as a means of transportation on water4 #d4 ,regulation and enforcement 7a7 ,in general ,the ,secretary1 in consultation with the ,administrator1 shall establish and implement enforceable uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel4 ,the standards and requirements shall-- 7#a7 be based upon the best available technology economically achievable2 and 7#b7 supersede any permitting requirement or prohibition on discharges incidental to the normal operation of a vessel under any other provision of law4 7b7 ,administration and enforcement ,the ,secretary shall administer and enforce the uniform national standards and requirements under this ,act4 ,each ,state may enforce the uniform national standards and requirements under this ,act4 #e4 ,uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel 7a7 ,requirements 7#a7 ,ballast water management requirements 7,a7 ,in general ,notwithstanding any other provision of law1 the requirements set forth in the final rule1 ,standards for ,living ,organisms in ,ships' ,ballast ,water ,discharged in ,u4,s4 ,waters 7#gg ,fed4 ,reg4 #agbed 7,march #bc1 #bjab71 as corrected at #gg ,fed4 ,reg4 #ccifi 7,june #h1 #bjab771 shall be the management requirements for a ballast water discharge incidental to the normal operation of a vessel until the ,secretary revises the ballast water performance standard under subsection 7b7 or adopts a more stringent ,state standard under subparagraph 7,b7 of this paragraph4 7,b7 ,adoption of more stringent ,state standard ,if the ,secretary makes a determination in favor of a ,state petition under section #aj1 the ,secretary shall adopt the more stringent ballast water performance standard specified in the statute or regulation that is the subject of that ,state petition in lieu of the ballast water performance standard in the final rule described under subparagraph 7,a74 7#b7 ,initial management requirements for discharges other than ballast water ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 shall issue a final rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water4 7b7 ,revised ballast water performance standard2 #h-,year review 7#a7 ,in general ,subject to the feasibility review under paragraph 7#b71 not later than ,january #a1 #bjbb1 the ,secretary1 in consultation with the ,administrator1 shall issue a final rule revising the ballast water performance standard under subsection 7a77#a7 so that a ballast water discharge incidental to the normal operation of a vessel will contain-- 7,a7 less than #a living organism per #aj cubic meters that is #ej or more micrometers in minimum dimension2 7,b7 less than #a living organism per #aj milliliters that is less than #ej micrometers in minimum dimension and more than #aj micrometers in minimum dimension2 7,c7 concentrations of indicator microbes that are less than-- 7i7 #a colony-forming unit of toxicogenic ,vibrio cholera 7serotypes ,o#a and ,o#aci7 per #ajj milliliters or less than #a colony-forming unit of that microbe per gram of wet weight of zoological samples2 7ii7 #abf colony-forming units of escherichia coli per #ajj milliliters2 and 7iii7 #cc colony-forming units of intestinal enterococci per #ajj milliliters2 and 7,d7 concentrations of such additional indicator microbes and of viruses as may be specified in regulations issued by the ,secretary in consultation with the ,administrator and such other ,federal agencies as the ,secretary and the ,administrator consider appropriate4 7#b7 ,feasibility review 7,a7 ,in general ,not less than #b years before ,january #a1 #bjbb1 the ,secretary1 in consultation with the ,administrator1 shall complete a review to determine the feasibility of achieving the revised ballast water performance standard under paragraph 7#a74 7,b7 ,criteria for review of ballast water performance standard ,in conducting a review under subparagraph 7,a71 the ,secretary shall consider whether revising the ballast water performance standard will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species1 taking into account-- 7i7 improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species2 7ii7 improvements in ballast water treatment technology1 including-- 7,i7 the capability of such treatment technology to achieve a revised ballast water performance standard2 7,,ii7 the effectiveness and reliability of such treatment technology in the shipboard environment2 7,,iii7 the compatibility of such treatment technology with the design and operation of a vessel by class1 type1 and size2 7,,iv7 the commercial availability of such treatment technology2 and 7,v7 the safety of such treatment technology2 7iii7 improvements in the capabilities to detect1 quantify1 and assess the viability of aquatic nuisance species at the concentrations under consideration2 7iv7 the impact of ballast water treatment technology on water quality2 and 7v7 the costs1 cost-effectiveness1 and impacts of-- 7,i7 a revised ballast water performance standard1 including the potential impacts on shipping1 trade1 and other uses of the aquatic environment2 and 7,,ii7 maintaining the existing ballast water performance standard1 including the potential impacts on water-related infrastructure1 recreation1 propagation of native fish1 shellfish1 and wildlife1 and other uses of navigable waters4 7,c7 ,lower revised performance standard 7i7 ,in general ,if the ,secretary1 in consultation with the ,administrator1 determines on the basis of the feasibility review and after an opportunity for a public hearing that no ballast water treatment technology can be certified under section #f to comply with the revised ballast water performance standard under paragraph 7#a71 the ,secretary shall require the use of the treatment technology that achieves the performance levels of the best treatment technology available4 7ii7 ,implementation deadline ,if the ,secretary1 in consultation with the ,administrator1 determines that the treatment technology under clause 7i7 cannot be implemented before the implementation deadline under paragraph 7#c7 with respect to a class of vessels1 the ,secretary shall extend the implementation deadline for that class of vessels for not more than #cf months4 7iii7 ,compliance ,if the implementation deadline under paragraph 7#c7 is extended1 the ,secretary shall recommend action to ensure compliance with the extended implementation deadline under clause 7ii74 7,d7 ,higher revised performance standard 7i7 ,in general ,if the ,secretary1 in consultation with the ,administrator1 determines that ballast water treatment technology exists that exceeds the revised ballast water performance standard under paragraph 7#a7 with respect to a class of vessels1 the ,secretary shall revise the ballast water performance standard for that class of vessels to incorporate the higher performance standard4 7ii7 ,implementation deadline ,if the ,secretary1 in consultation with the ,administrator1 determines that the treatment technology under clause 7i7 can be implemented before the implementation deadline under paragraph 7#c7 with respect to a class of vessels1 the ,secretary shall accelerate the implementation deadline for that class of vessels4 ,if the implementation deadline under paragraph 7#c7 is accelerated1 the ,secretary shall provide not less than #bd months notice before the accelerated deadline takes effect4 7#c7 ,implementation deadline ,the revised ballast water performance standard under paragraph 7#a7 shall apply to a vessel beginning on the date of the first drydocking of the vessel on or after ,january #a1 #bjbb1 but not later than ,december #ca1 #bjbd4 7#d7 ,revised performance standard compliance deadlines 7,a7 ,in general ,the ,secretary may establish a compliance deadline for compliance by a vessel 7or a class1 type1 or size of vessel7 with a revised ballast water performance standard under this subsection4 7,b7 ,process for granting extensions ,in issuing regulations under this subsection1 the ,secretary shall establish a process for an owner or operator to submit a petition to the ,secretary for an extension of a compliance deadline with respect to the vessel of the owner or operator4 7,c7 ,period of extensions ,an extension issued under subparagraph 7,b7 may-- 7i7 apply for a period of not to exceed #ah months from the date of the applicable deadline under subparagraph 7,a72 and 7ii7 be renewable for an additional period of not to exceed #ah months4 7,d7 ,factors ,in issuing a compliance deadline or reviewing a petition under this paragraph1 the ,secretary shall consider1 with respect to the ability of an owner or operator to meet a compliance deadline1 the following factors3 7i7 ,whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline4 7ii7 ,whether there is sufficient shipyard or other installation facility capacity4 7iii7 ,whether there is sufficient availability of engineering and design resources4 7iv7 ,vessel characteristics1 such as engine room size1 layout1 or a lack of installed piping4 7v7 ,electric power generating capacity aboard the vessel4 7vi7 ,safety of the vessel and crew4 7,e7 ,consideration of petitions 7i7 ,determinations ,the ,secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this paragraph4 7ii7 ,deadline ,if the ,secretary does not approve or deny a petition referred to in clause 7i7 on or before the last day of the #ij-;day period beginning on the date of submission of the petition1 the petition shall be deemed approved4 7c7 ,future revisions of vessel incidental discharge standards2 decennial reviews 7#a7 ,revised ballast water performance standards ,the ,secretary1 in consultation with the ,administrator1 shall complete a review1 #aj years after the issuance of a final rule under subsection 7b7 and every #aj years thereafter1 to determine whether further revision of the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species4 7#b7 ,revised standards for discharges other than ballast water ,the ,secretary1 in consultation with the ,administrator1 may include in a decennial review under this subsection best management practices for discharges covered by subsection 7a77#b74 ,the ,secretary shall initiate a rulemaking to revise #a or more best management practices for such discharges after a decennial review if the ,secretary1 in consultation with the ,administrator1 determines that revising #a or more of such practices would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water4 7#c7 ,considerations ,in conducting a review under paragraph 7#a71 the ,secretary1 the ,administrator1 and the heads of other appropriate ,federal agencies as determined by the ,secretary1 shall consider the criteria under section #e7;b77#b77;,b74 7#d7 ,revision after decennial review ,the ,secretary shall initiate a rulemaking to revise the current ballast water performance standard after a decennial review if the ,secretary1 in consultation with the ,administrator1 determines that revising the current ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species4 #f4 ,treatment technology certification 7a7 ,certification required ,beginning #fj days after the date that the requirements for testing protocols are issued under subsection 7i71 no manufacturer of a ballast water treatment technology shall sell1 offer for sale1 or introduce or deliver for introduction into interstate commerce1 or import into the ,united ,states for sale or resale1 a ballast water treatment technology for a vessel unless the treatment technology has been certified under this section4 7b7 ,certification process 7#a7 ,evaluation ,upon application of a manufacturer1 the ,secretary shall evaluate a ballast water treatment technology with respect to-- 7,a7 the effectiveness of the treatment technology in achieving the current ballast water performance standard when installed on a vessel 7or a class1 type1 or size of vessel72 7,b7 the compatibility with vessel design and operations2 7,c7 the effect of the treatment technology on vessel safety2 7,d7 the impact on the environment2 7,e7 the cost effectiveness2 and 7,f7 any other criteria the ,secretary considers appropriate4 7#b7 ,approval ,if after an evaluation under paragraph 7#a7 the ,secretary determines that the treatment technology meets the criteria1 the ,secretary may certify the treatment technology for use on a vessel 7or a class1 type1 or size of vessel74 7#c7 ,suspension and revocation ,the ,secretary shall establish1 by regulation1 a process to suspend or revoke a certification issued under this section4 7c7 ,certification conditions 7#a7 ,imposition of conditions ,in certifying a ballast water treatment technology under this section1 the ,secretary1 in consultation with the ,administrator1 may impose any condition on the subsequent installation1 use1 or maintenance of the treatment technology onboard a vessel as is necessary for-- 7,a7 the safety of the vessel1 the crew of the vessel1 and any passengers aboard the vessel2 7,b7 the protection of the environment2 or 7,c7 the effective operation of the treatment technology4 7#b7 ,failure to comply ,the failure of an owner or operator to comply with a condition imposed under paragraph 7#a7 shall be considered a violation of this section4 7d7 ,period for use of installed treatment equipment ,notwithstanding anything to the contrary in this ,act or any other provision of law1 the ,secretary shall allow a vessel on which a system is installed and operated to meet a ballast water performance standard under this ,act to continue to use that system1 notwithstanding any revision of a ballast water performance standard occurring after the system is ordered or installed until the expiration of the service life of the system1 as determined by the ,secretary1 so long as the system-- 7#a7 is maintained in proper working condition2 and 7#b7 is maintained and used in accordance with the manufacturer's specifications and any treatment technology certification conditions imposed by the ,secretary under this section4 7e7 ,certificates of type approval for the treatment technology 7#a7 ,issuance ,if the ,secretary approves a ballast water treatment technology for certification under subsection 7b71 the ,secretary shall issue a certificate of type approval for the treatment technology to the manufacturer in such form and manner as the ,secretary determines appropriate4 7#b7 ,certification conditions ,a certificate of type approval issued under paragraph 7#a7 shall specify each condition imposed by the ,secretary under subsection 7c74 7#c7 ,owners and operators ,a manufacturer that receives a certificate of type approval for the treatment technology under this subsection shall provide a copy of the certificate to each owner and operator of a vessel on which the treatment technology is installed4 7f7 ,inspections ,an owner or operator who receives a copy of a certificate under subsection 7e77#c7 shall retain a copy of the certificate onboard the vessel and make the copy of the certificate available for inspection at all times while the owner or operator is utilizing the treatment technology4 7g7 ,biocides ,the ,secretary may not approve a ballast water treatment technology under subsection 7b7 if-- 7#a7 it uses a biocide or generates a biocide that is a pesticide1 as defined in section #b of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf71 unless the biocide is registered under that ,act or the ,secretary1 in consultation with ,administrator1 has approved the use of the biocide in such treatment technology2 or 7#b7 it uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section #cjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac74 7h7 ,prohibition 7#a7 ,in general ,except as provided in paragraph 7#b71 the use of a ballast water treatment technology by an owner or operator of a vessel shall not satisfy the requirements of this ,act unless it has been approved by the ,secretary under subsection 7b74 7#b7 ,exceptions 7,a7 ,coast guard shipboard technology evaluation program ,an owner or operator may use a ballast water treatment technology that has not been certified by the ,secretary to comply with the requirements of this section if the technology is being evaluated under the ,coast ,guard ,shipboard ,technology ,evaluation ,program4 7,b7 ,ballast water treatment technologies certified by foreign entities ,an owner or operator may use a ballast water treatment technology that has not been certified by the ,secretary to comply with the requirements of this section if the technology has been certified by a foreign entity and the certification demonstrates performance and safety of the treatment technology equivalent to the requirements of this section1 as determined by the ,secretary4 7i7 ,testing protocols ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 shall issue requirements for land-based and shipboard testing protocols or criteria for-- 7#a7 certifying the performance of each ballast water treatment technology under this section2 and 7#b7 certifying laboratories to evaluate such treatment technologies4 #g4 ,exemptions 7a7 ,in general ,no permit shall be required or prohibition enforced under any other provision of law for1 nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this ,act apply to-- 7#a7 a discharge incidental to the normal operation of a vessel if the vessel is less than #gi feet in length and engaged in commercial service 7as defined in section #baja7e7 of title #df1 ,united ,states ,code72 7#b7 a discharge incidental to the normal operation of a vessel if the vessel is a fishing vessel1 including a fish processing vessel and a fish tender vessel1 7as defined in section #baja of title #df1 ,united ,states ,code72 7#c7 a discharge incidental to the normal operation of a vessel if the vessel is a recreational vessel 7as defined in section #baja7be7 of title #df1 ,united ,states ,code72 7#d7 the placement1 release1 or discharge of equipment1 devices1 or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods1 principles1 or techniques2 7#e7 any discharge into navigable waters from a vessel authorized by an on-scene coordinator in accordance with part #cjj of title #dj1 ,code of ,federal ,regulations1 or part #aec of title #cc1 ,code of ,federal ,regulations2 7#f7 any discharge into navigable waters from a vessel that is necessary to secure the safety of the vessel or human life1 or to suppress a fire onboard the vessel or at a shoreside facility2 or 7#g7 a vessel of the armed forces of a foreign nation when engaged in noncommercial service4 7b7 ,ballast water discharges ,no permit shall be required or prohibition enforced under any other provision of law for1 nor shall any ballast water performance standards under this ,act apply to-- 7#a7 a ballast water discharge incidental to the normal operation of a vessel determined by the ,secretary to-- 7,a7 operate exclusively within a geographically limited area2 7,b7 take up and discharge ballast water exclusively within #a ,captain of the ,port ,zone established by the ,coast ,guard unless the ,secretary determines such discharge poses a substantial risk of introduction or establishment of an aquatic nuisance species2 7,c7 operate pursuant to a geographic restriction issued as a condition under section #ccji of title #df1 ,united ,states ,code1 or an equivalent restriction issued by the country of registration of the vessel2 or 7,d7 continuously take on and discharge ballast water in a flow-through system that does not introduce aquatic nuisance species into navigable waters2 7#b7 a ballast water discharge incidental to the normal operation of a vessel consisting entirely of water suitable for human consumption2 or 7#c7 a ballast water discharge incidental to the normal operation of a vessel in an alternative compliance program established pursuant to section 7#h74 7c7 ,vessels with permanent ballast water ,no permit shall be required or prohibition enforced under any other provision of law for1 nor shall any ballast water performance standard under this ,act apply to1 a vessel that carries all of its permanent ballast water in sealed tanks that are not subject to discharge4 7d7 ,vessels of the armed forces ,nothing in this ,act shall be construed to apply to a vessel of the ,armed ,forces1 as defined in section #aja7;a7 of title #aj1 ,united ,states ,code4 #h4 ,alternative compliance program 7a7 ,in general ,the ,secretary1 in consultation with the ,administrator1 may promulgate regulations establishing #a or more compliance programs as an alternative to ballast water management regulations issued under section #e for a vessel that-- 7#a7 has a maximum ballast water capacity of less than #h cubic meters2 7#b7 is less than #c years from the end of the useful life of the vessel1 as determined by the ,secretary2 or 7#c7 discharges ballast water into a facility for the reception of ballast water that meets standards promulgated by the ,administrator1 in consultation with the ,secretary4 7b7 ,promulgation of facility standards ,not later than #a year after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 shall promulgate standards for-- 7#a7 the reception of ballast water from a vessel into a reception facility2 and 7#b7 the disposal or treatment of the ballast water under paragraph 7#a74 #i4 ,judicial review 7a7 ,in general ,an interested person may file a petition for review of a final regulation promulgated under this ,act in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7b7 ,deadline ,a petition shall be filed not later than #abj days after the date that notice of the promulgation appears in the ,federal ,register4 7c7 ,exception ,notwithstanding subsection 7b71 a petition that is based solely on grounds that arise after the deadline to file a petition under subsection 7b7 has passed may be filed not later than #abj days after the date that the grounds first arise4 #aj4 ,effect on ,state authority 7a7 ,in general ,no ,state or political subdivision thereof may adopt or enforce any statute or regulation of the ,state or political subdivision with respect to a discharge incidental to the normal operation of a vessel after the date of enactment of this ,act4 7b7 ,savings clause ,notwithstanding subsection 7a71 a ,state or political subdivision thereof may enforce a statute or regulation of the ,state or political subdivision with respect to ballast water discharges incidental to the normal operation of a vessel that specifies a ballast water performance standard that is more stringent than the ballast water performance standard under section #e7;a77#a77;,a7 and is in effect on the date of enactment of this ,act if the ,secretary1 after consultation with the ,administrator and any other ,federal department or agency the ,secretary considers appropriate1 makes a determination that-- 7#a7 compliance with any performance standard specified in the statute or regulation can in fact be achieved and detected2 7#b7 the technology and systems necessary to comply with the statute or regulation are commercially available2 and 7#c7 the statute or regulation is consistent with obligations under relevant international treaties or agreements to which the ,united ,states is a party4 7c7 ,petition process 7#a7 ,submission ,the ,governor of a ,state seeking to enforce a statute or regulation under subsection 7b7 shall submit a petition requesting the ,secretary to review the statute or regulation4 7#b7 ,contents2 deadline ,a petition shall-- 7,a7 be accompanied by the scientific and technical information on which the petition is based2 and 7,b7 be submitted to the ,secretary not later than #ij days after the date of enactment of this ,act4 7#c7 ,determinations ,the ,secretary shall make a determination on a petition under this subsection not later than #ij days after the date that the petition is received4 #aa4 ,application with other statutes ,notwithstanding any other provision of law1 this ,act shall be the exclusive statutory authority for regulation by the ,federal ,government of discharges incidental to the normal operation of a vessel to which this ,act applies4 ,except as provided under section #e7;a77#a77;,a71 any regulation in effect on the date immediately preceding the effective date of this ,act relating to any permitting requirement for or prohibition on discharges incidental to the normal operation of a vessel to which this ,act applies shall be deemed to be a regulation issued pursuant to the authority of this ,act and shall remain in full force and effect unless or until superseded by new regulations issued hereunder4