,,ii #aaeth ,,congress #ast ,session ,s4 #afh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ag1 #bjag,mr4 ,wicker 7for himself1 ,mr4 ,casey1 ,mr4 ,rubio1 ,mr4 ,nelson1 and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend and enhance certain maritime programs of the ,department of ,transportation4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,commercial ,vessel ,incidental ,discharge ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,existing ballast water regulations4 ,sec4 #d4 ,ballast water discharge requirements4 ,sec4 #e4 ,review of ballast water discharge standard4 ,sec4 #f4 ,alternative compliance program4 ,sec4 #g4 ,reception facilities4 ,sec4 #h4 ,requirements for discharges incidental to the normal operation of a commercial vessel4 ,sec4 #i4 ,judicial review4 ,sec4 #aj4 ,state enforcement4 ,sec4 #aa4 ,effect on ,state authority4 ,sec4 #ab4 ,effect on other laws4 #b4 ,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 of the ,united ,states1 or commercial1 agricultural1 aquacultural1 or recreational activities dependent on such waters4 7#c7 ,ballast water ,the term ballast water means any water and suspended matter taken on board a commercial vessel to control or maintain trim1 draught1 stability1 or stresses of the commercial vessel1 regardless of how it is carried4 7#d7 ,ballast water discharge standard ,the term ballast water discharge standard means the numerical ballast water discharge standard set forth in section #aea4bjcj of title #cc1 ,code of ,federal ,regulations1 or section #aea4aeaa of such title1 or a revised numerical ballast water discharge standard established under section #e1 as applicable4 7#e7 ,ballast water management system ,the term ballast water management system means any system 7including all ballast water treatment equipment and all associated control and monitoring equipment7 that processes ballast water to kill1 render harmless1 or remove organisms4 7#f7 ,commercial vessel 7,a7 ,in general ,the term commercial vessel means a vessel 7as defined in section #c of title #a1 ,united ,states ,code7 that is engaged in commercial service 7as defined in section #baja of title #df1 ,united ,states ,code74 7,b7 ,exclusion ,the term commercial vessel does not include a recreational vessel4 7#g7 ,discharge incidental to the normal operation of a commercial vessel 7,a7 ,in general ,the term discharge incidental to the normal operation of a commercial vessel means-- 7i7 a discharge into navigable waters of the ,united ,states from a commercial vessel of-- 7,i7 7aa7 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 piping 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 commercial vessel2 7,,ii7 deck runoff1 deck washdown1 above the waterline hull cleaning effluent1 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 of the ,united ,states 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 commercial vessel is waterborne4 7,b7 ,exclusions ,the term discharge incidental to the normal operation of a commercial vessel does not include-- 7i7 a discharge into navigable waters of the ,united ,states from a commercial vessel of-- 7,i7 ballast water2 7,,ii7 rubbish1 trash1 garbage1 incinerator ash1 or other such material discharged overboard2 7,,iii7 oil or a hazardous substance 7as such terms are defined in section #caa of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba772 or 7,,iv7 sewage 7as defined in section #cab7;a77#f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acbb7;a77#f7772 or 7ii7 any emission of an air pollutant resulting from the operation onboard a commercial vessel of a commercial vessel propulsion system1 motor driven equipment1 or incinerator2 or 7iii7 any discharge into navigable waters of the ,united ,states from a commercial vessel when the commercial vessel is operating in a capacity other than as a means of transportation on water4 7#h7 ,general permit ,the term ,general ,permit means the ,final ,national ,pollutant ,discharge ,elimination ,system ,vessel ,general ,permit for ,discharges ,incidental to the ,normal ,operation of a ,vessel noticed in the ,federal ,register on ,april #ab1 #bjac 7#gh ,fed4 ,reg4 #baich74 7#i7 ,geographically limited area ,the term geographically limited area means an area-- 7,a7 with a physical limitation that prevents a commercial vessel from operating outside the area1 such as the ,great ,lakes and ,saint ,lawrence ,river1 as determined by the ,secretary2 or 7,b7 that is ecologically homogeneous1 as determined by the ,secretary in consultation with the heads of other ,federal departments or agencies the ,secretary considers appropriate4 7#aj7 ,major conversion ,the term major conversion has the meaning given such term in section #baja7ad;a7 of title #df1 ,united ,states ,code4 7#aa7 ,navigable waters of the united states ,the term navigable waters of the ,united ,states has the meaning given such term in section #baja7ag;a7 of title #df1 ,united ,states ,code4 7#ab7 ,owner or operator ,the term owner or operator means a person owning1 operating1 or chartering by demise a commercial vessel4 7#ac7 ,pollutant ,the term pollutant has the meaning given such term in section #ejb7f7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7f774 7#ad7 ,recreational vessel ,the term recreational vessel has the meaning given such term in section #baja7be7 of title #df1 ,united ,states ,code4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of the department in which the ,coast ,guard is operating4 #c4 ,existing ballast water regulations 7a7 ,effect on existing regulations ,any regulation issued pursuant to the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij that is in effect on the date immediately preceding the effective date of this ,act1 and that relates to a matter subject to regulation under this ,act1 shall remain in full force and effect unless or until superseded by a new regulation issued under this ,act relating to such matter4 7b7 ,application of other regulations ,the regulations issued pursuant to the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgja et seq47 relating to sanctions for violating a regulation under that ,act shall apply to violations of a regulation issued under this ,act4 #d4 ,ballast water discharge requirements 7a7 ,in general 7#a7 ,requirements ,except as provided in paragraph 7#c71 and subject to sections #aea4bjce and #aea4bjcf of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of the enactment of this ,act71 an owner or operator may discharge ballast water into navigable waters of the ,united ,states from a commercial vessel covered under subsection 7b7 only if-- 7,a7 by applying the best available technology that is economically achievable1 the discharge meets the ballast water discharge standard2 and 7,b7 the owner or operator discharges the ballast water in accordance with other requirements established by the ,secretary4 7#b7 ,commercial vessels entering the great lakes system ,if a commercial vessel enters the ,great ,lakes through the ,saint ,lawrence ,river after operating outside the exclusive economic zone of the ,united ,states or ,canada1 the owner or operator shall-- 7,a7 comply with the requirements of-- 7i7 paragraph 7#a72 7ii7 subpart ,c of part #aea of title #cc1 ,code of ,federal ,regulations2 and 7iii7 section #dja4cj of such title2 and 7,b7 conduct a complete ballast water exchange in an area that is #bjj nautical miles or more from any shore before the owner or operator may discharge ballast water while operating in the ,saint ,lawrence ,river or the ,great ,lakes1 subject to any requirements the ,secretary determines necessary with regard to such exchange1 or any ballast water management system that is to be used in conjunction with such exchange1 to ensure that any discharge of ballast water complies with the requirements under paragraph 7#a74 7#c7 ,safety exemption ,notwithstanding paragraphs 7#a7 and 7#b71 an owner or operator may discharge any ballast water into navigable waters of the ,united ,states from a commercial vessel if-- 7,a7 the ballast water is discharged solely to ensure the safety of life at sea2 7,b7 the ballast water is discharged accidentally as the result of damage to the commercial vessel or its equipment and-- 7i7 all reasonable precautions to prevent or minimize the discharge have been taken2 and 7ii7 the owner or operator did not willfully or recklessly cause such damage2 or 7,c7 the ballast water is discharged solely for the purpose of avoiding or minimizing a discharge from the commercial vessel of a pollutant that would violate an applicable ,federal or ,state law4 7#d7 ,limitation on requirements ,in establishing requirements under this subsection1 the ,secretary may not require the installation of a ballast water management system on a commercial vessel that-- 7,a7 carries all of its ballast water in sealed tanks that are not subject to discharge2 or 7,b7 discharges ballast water solely into a reception facility described in section #g4 7b7 ,applicability 7#a7 ,covered vessels ,except as provided in paragraph 7#b71 subsection 7a7 shall apply to any commercial vessel that is designed1 constructed1 or adapted to carry ballast water while such commercial vessel is operating in navigable waters of the ,united ,states4 7#b7 ,exempted vessels ,subsection 7a7 shall not apply to a commercial vessel-- 7,a7 that continuously takes on and discharges ballast water in a flow-through system1 if such system does not introduce aquatic nuisance species into navigable waters of the ,united ,states1 as determined by the ,secretary2 7,b7 that operates exclusively within a geographically limited area2 7,c7 that operates 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 commercial vessel2 7,d7 in the ,national ,defense ,reserve ,fleet that is scheduled to be disposed of through scrapping or sinking2 7,e7 that discharges ballast water consisting solely of water taken aboard from a public or commercial source that1 at the time the water is taken aboard1 meets the applicable regulations or permit requirements for such source under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 or 7,f7 in an alternative compliance program established pursuant to section #f4 7c7 ,type approval of ballast water management systems that render ballast water organisms incapable of reproduction 7#a7 ,in general ,notwithstanding chapter #e of title #e1 ,united ,states ,code1 part #aea of title #cc1 ,code of ,federal ,regulations1 and part #afb of title #df1 ,code of ,federal ,regulations1 a ballast water management system that renders organisms in ballast water incapable of reproduction at the concentrations prescribed in the ballast water discharge standard shall be type approved by the ,secretary1 if-- 7,a7 such system-- 7i7 undergoes type approval testing at an independent laboratory designated by the ,secretary under such regulations2 and 7ii7 meets the requirements of subpart #afb4jfj of title #df1 ,code of ,federal ,regulations1 other than the requirements related to staining methods or measuring the concentration of living organisms2 and 7,b7 such laboratory uses a type approval testing method described in a final policy letter published under paragraph 7#b74 7#b7 ,type approval testing methods 7,a7 ,draft policy ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall publish a draft policy letter describing type approval testing methods capable of measuring the concentration of organisms in ballast water that are capable of reproduction4 7,b7 ,public comment ,the ,secretary shall provide for a period of not more than #fj days for the public to comment on the draft policy letter published under paragraph 7#a74 7,c7 ,final policy ,not later than #aej days after the date of the enactment of this ,act1 the ,secretary shall publish a final policy letter describing type approval testing methods capable of measuring the concentration of organisms in ballast water that are capable of reproduction4 7,d7 ,revisions ,the ,secretary shall revise such policy letter as additional testing methods are determined by the ,secretary to be capable of measuring the concentration of organisms in ballast water that are capable of reproduction4 7,e7 ,considerations ,in developing a policy letter under this paragraph1 the ,secretary-- 7i7 shall consider a type approval testing method that uses organism grow out and most probable number statistical analysis to determine the concentration of organisms in ballast water that are capable of reproduction2 and 7ii7 shall not consider a type approval testing method that relies on a staining method that measures the concentration of organisms greater than or equal to #aj micrometers and organisms less than or equal to #ej micrometers4 #e4 ,review of ballast water discharge standard 7a7 ,effectiveness review 7#a7 ,in general ,the ,secretary shall conduct reviews in accordance with this section to determine whether revising the ballast water discharge standard based on the application of the best available technology that is economically achievable would result in a reduction in the risk of the introduction or establishment of aquatic nuisance species4 7#b7 ,required reviews ,not later than ,january #a1 #bjbb1 and every #aj years thereafter1 the ,secretary1 in consultation with the ,administrator1 shall complete a review under paragraph 7#a74 7#c7 ,state petitions for review 7,a7 ,in general ,the ,governor of a ,state may submit a petition requesting the ,secretary to conduct a review under paragraph 7#a7 if there is significant new information that could reasonably indicate the ballast water discharge standard could be revised to result in a reduction in the risk of the introduction or establishment of aquatic nuisance species4 7,b7 ,timing ,a ,governor may not submit a petition under subparagraph 7,a7 during the #a-year period following the date of completion of a review under paragraph 7#a74 7,c7 ,required information ,a petition submitted to the ,secretary under subparagraph 7,a7 shall include-- 7i7 a proposed ballast water discharge standard that would result in a reduction in the risk of the introduction or establishment of aquatic nuisance species2 7ii7 information regarding any ballast water management systems that may achieve the proposed ballast water discharge standard2 7iii7 the scientific and technical information on which the petition is based1 including a description of the risk reduction that would result from the proposed ballast water discharge standard included under clause 7i72 and 7iv7 any additional information the ,secretary considers appropriate4 7,d7 ,public availability ,upon receiving a petition under subparagraph 7,a71 the ,secretary shall make publicly available a copy of the petition1 including the information included under subparagraph 7,c74 7,e7 ,treatment of more than one petition as a single petition ,the ,secretary may treat more than one petition submitted under subparagraph 7,a7 as a single such petition4 7,f7 ,authority to review ,after receiving a petition that meets the requirements of this paragraph1 the ,secretary1 in consultation with the ,administrator1 may conduct a review under paragraph 7#a74 7b7 ,practicability review 7#a7 ,in general ,if the ,secretary determines under subsection 7a7 that revision of the ballast water discharge standard would result in a reduction in the risk of the introduction or establishment of aquatic nuisance species1 the ,secretary1 in consultation with the ,administrator1 shall conduct a practicability review to determine whether-- 7,a7 a ballast water management system that is capable of achieving the ballast water discharge standard as proposed to be revised is economically achievable and operationally practicable2 and 7,b7 testing protocols that can assure accurate measurement of compliance with the ballast water discharge standard as proposed to be revised can be practicably implemented4 7#b7 ,criteria for practicability review ,in conducting a practicability review under paragraph 7#a71 the ,secretary shall consider-- 7,a7 improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species2 7,b7 improvements in ballast water management systems1 including-- 7i7 the capability of such systems to achieve the ballast water discharge standard as proposed to be revised2 7ii7 the effectiveness and reliability of such systems in the shipboard environment2 7iii7 the compatibility of such systems with the design and operation of a commercial vessel by class1 type1 and size2 7iv7 the commercial availability of such systems2 and 7v7 the safety of such systems2 7,c7 improvements in the capabilities to detect1 quantify1 and assess whether aquatic nuisance species are capable of reproduction under the ballast water discharge standard as proposed to be revised2 7,d7 the impact of ballast water management systems on water quality2 7,e7 the costs1 cost-effectiveness1 and effects of-- 7i7 a revised ballast water discharge standard2 and 7ii7 maintaining the existing ballast water discharge standard2 and 7,f7 other criteria that the ,secretary considers appropriate4 7#c7 ,information from states ,in conducting a practicability review under paragraph 7#a71 the ,secretary shall solicit information from the ,states concerning matters the ,secretary is required to consider under paragraph 7#b74 7c7 ,revised ballast water discharge standard ,the ,secretary shall issue a rule to revise the ballast water discharge standard if the ,secretary1 in consultation with the ,administrator1 determines on the basis of the practicability review under subsection 7b7 that-- 7#a7 a ballast water management system that is capable of achieving the ballast water discharge standard as proposed to be revised is economically achievable and operationally practicable2 and 7#b7 testing protocols that can assure accurate measurement of compliance with the ballast water discharge standard as proposed to be revised can be practicably implemented4 7d7 ,revised ballast water discharge standard effective date and compliance deadline 7#a7 ,in general ,if the ,secretary issues a rule to revise the ballast water discharge standard under subsection 7c71 the ,secretary shall include in such rule-- 7,a7 an effective date for the revised ballast discharge standard that is three years after the date on which such rule is published in the ,federal ,register2 and 7,b7 for the owner or operator of a commercial vessel that is constructed or completes a major conversion on or after the date that is three years after the date on which the rule is published in the ,federal ,register1 a deadline to comply with the revised ballast water discharge standard that is the first day on which such commercial vessel operates in navigable waters of the ,united ,states4 7#b7 ,extensions ,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 under paragraph 7#a77;,b74 7#c7 ,factors ,in reviewing a petition under this subsection1 the ,secretary shall consider1 with respect to the ability of an owner or operator to meet a compliance deadline-- 7,a7 whether the ballast water management system to be installed1 if applicable1 is available in sufficient quantities to meet the compliance deadline2 7,b7 whether there is sufficient shipyard or other installation facility capacity2 7,c7 whether there is sufficient availability of engineering and design resources2 7,d7 commercial vessel characteristics1 such as engine room size1 layout1 or a lack of installed piping2 7,e7 electric power generating capacity aboard the commercial vessel2 7,f7 the safety of the commercial vessel and crew2 and 7,g7 any other factor that the ,secretary determines appropriate4 7#d7 ,consideration of petitions 7,a7 ,determinations ,the ,secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this subsection4 7,b7 ,deadline ,if the ,secretary does not approve or deny a petition referred to in subparagraph 7,a7 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 7#e7 ,period of use of installed ballast water management system 7,a7 ,in general ,subject to subparagraph 7,b71 an owner or operator shall be considered to be in compliance with the ballast water discharge standard if-- 7i7 the ballast water management system installed on the commercial vessel complies with the ballast water discharge standard in effect at the time of installation1 notwithstanding any revisions to the ballast water discharge standard occurring after the installation2 7ii7 the owner or operator maintains the ballast water management system in proper working condition1 as determined by the ,secretary2 and 7iii7 the ballast water management system continues to meet the ballast water discharge standard applicable to the commercial vessel at the time of installation1 as determined by the ,secretary4 7,b7 ,limitation ,subparagraph 7,a7 shall cease to apply with respect to a commercial vessel after-- 7i7 the expiration of the service life of the ballast water management system of the commercial vessel1 as determined by the ,secretary2 7ii7 the expiration of the service life of the commercial vessel1 as determined by the ,secretary2 or 7iii7 the completion of a major conversion of the commercial vessel4 #f4 ,alternative compliance program ,the ,secretary1 in consultation with the ,administrator1 may issue a rule establishing one or more compliance programs that may be used by an owner or operator as an alternative to compliance with the requirements of section #d7;a7 for a commercial vessel that-- 7#a7 has a maximum ballast water capacity of less than eight cubic meters2 or 7#b7 is less than three years from the end of the service life of the commercial vessel1 as determined by the ,secretary4 #g4 ,reception facilities 7a7 ,in general ,notwithstanding the requirements under section #d7;a71 an owner or operator may discharge ballast water into an onshore or offshore facility for the reception of ballast water that meets the standards established by the ,administrator1 in consultation with the ,secretary1 under subsection 7b74 7b7 ,issuance of standards ,not later than one year after the date of the enactment of this ,act1 the ,administrator1 in consultation with the ,secretary1 shall publish a rule in the ,federal ,register that establishes reasonable and practicable standards for reception facilities to mitigate adverse effects of aquatic nuisance species on navigable waters of the ,united ,states4 #h4 ,requirements for discharges incidental to the normal operation of a commercial vessel 7a7 ,in general ,not later than two years after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 shall publish a rule in the ,federal ,register that establishes best management practices for discharges incidental to the normal operation of a commercial vessel for commercial vessels that are-- 7#a7 greater than or equal to #gi feet in length2 and 7#b7 not fishing vessels1 including fish processing vessels and fish tender vessels 7as such terms are defined in section #baja of title #df1 ,united ,states ,code74 7b7 ,transition 7#a7 ,in general ,notwithstanding the expiration date for the ,general ,permit1 any practice1 limitation1 or concentration applicable to any discharge incidental to the normal operation of a commercial vessel that is required by the ,general ,permit on the date of the enactment of this ,act1 and any reporting requirement required by the ,general ,permit on such date of enactment1 shall remain in effect until the effective date of a rule issued by the ,secretary under subsection 7a74 7#b7 ,part #f conditions ,notwithstanding paragraph 7#a7 and any other provision of law1 the terms and conditions of ,part #f of the ,general ,permit 7relating to specific requirements for individual ,states or ,indian country lands7 shall expire on the date of the enactment of this ,act4 7c7 ,application to certain vessels 7#a7 ,application of federal water pollution control act ,no permit shall be required under section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 or prohibition enforced under any other provision of law for1 nor shall any best management practice regarding a discharge incidental to the normal operation of a commercial vessel under this ,act apply to1 a discharge incidental to the normal operation of a commercial vessel if the commercial vessel is-- 7,a7 less than #gi feet in length2 or 7,b7 a fishing vessel1 including a fish processing vessel and a fish tender vessel 7as such terms are defined in section #baja of title #df1 ,united ,states ,code74 7#b7 ,application of general permit ,the terms and conditions of the ,general ,permit shall cease to apply to vessels described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 on the date of the enactment of this ,act4 7d7 ,state petition for revision of best management practices 7#a7 ,in general ,the ,governor of a ,state may submit a petition to the ,secretary requesting that the ,secretary revise a best management practice established under subsection 7a7 if there is significant new information that could reasonably indicate that-- 7,a7 revising the best management practice would substantially reduce the adverse effects on navigable waters of the ,united ,states of discharges incidental to the normal operation of a commercial vessel2 and 7,b7 the revised best management practice would be economically achievable and operationally practicable4 7#b7 ,required information ,a petition submitted to the ,secretary under paragraph 7#a7 shall include-- 7,a7 the scientific and technical information on which the petition is based2 and 7,b7 any additional information the ,secretary considers appropriate4 7#c7 ,public availability ,upon receiving a petition under paragraph 7#a71 the ,secretary shall make publicly available a copy of the petition1 including the information included under paragraph 7#b74 7#d7 ,treatment of more than one petition as a single petition ,the ,secretary may treat more than one petition submitted under paragraph 7#a7 as a single petition4 7#e7 ,revision of best management practices ,if1 after reviewing a petition submitted by a ,governor under paragraph 7#a71 the ,secretary1 in consultation with the ,administrator1 determines that revising a best management practice would substantially reduce the adverse effects on navigable waters of the ,united ,states of discharges incidental to the normal operation of a commercial vessel1 and the revised best management practice would be economically achievable and operationally practicable1 the ,secretary1 in consultation with the ,administrator1 may issue a rule to revise the best management practice established under subsection 7a74 #i4 ,judicial review 7a7 ,in general ,a person may file a petition for review of a final rule issued under this ,act in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7b7 ,deadline 7#a7 ,in general ,a petition shall be filed under this section not later than #abj days after the date on which the rule to be reviewed is published in the ,federal ,register4 7#b7 ,exception ,notwithstanding paragraph 7#a71 a petition that is based solely on grounds that arise after the deadline to file a petition under paragraph 7#a7 has passed may be filed not later than #abj days after the date on which such grounds first arise4 #aj4 ,state enforcement ,the ,secretary may enter into an agreement with the ,governor of a ,state to authorize the ,state to enforce the provisions of this ,act1 as the ,secretary considers appropriate4 #aa4 ,effect on ,state authority 7a7 ,in general ,except as provided in subsection 7b7 and as necessary to implement an agreement entered into under section #aj1 no ,state or political subdivision thereof may adopt or enforce any statute1 regulation1 or other requirement of the ,state or political subdivision with respect to-- 7#a7 a discharge into navigable waters of the ,united ,states from a commercial vessel of ballast water2 or 7#b7 a discharge incidental to the normal operation of a commercial vessel4 7b7 ,preservation of authority ,nothing in this ,act may be construed as affecting the authority of a ,state or political subdivision thereof to adopt or enforce any statute1 regulation1 or other requirement with respect to any water or other substance discharged or emitted from a vessel in preparation for transport of the vessel by land from one body of water to another body of water4 #ab4 ,effect on other laws 7a7 ,application of ,federal ,water ,pollution ,control ,act 7#a7 ,in general ,except as provided in section #h7;b71 on or after the date of the enactment of this ,act1 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 shall not apply to a discharge into navigable waters of the ,united ,states of ballast water from a commercial vessel or a discharge incidental to the normal operation of a commercial vessel4 7#b7 ,oil and hazardous substance liability2 marine sanitation devices ,nothing in this ,act may be construed as affecting the application to a commercial vessel of section #caa or #cab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acba and #acbb74 7b7 ,established regimes ,notwithstanding any other provision of this ,act1 nothing in this ,act may be construed as affecting the authority of the ,federal ,government under-- 7#a7 the ,act to ,prevent ,pollution from ,ships 7#cc ,u4,s4,c4 #aija et seq47 with respect to the regulation by the ,federal ,government of any discharge or emission that1 on or after the date of enactment of this ,act1 is covered under the ,international ,convention for the ,prevention of ,pollution from ,ships1 #aigc1 as modified by the ,protocol of #aigh2 and 7#b7 title ,x of the ,coast ,guard ,authorization ,act of #bjaj 7#cc ,u4,s4,c4 #chja et seq47 with respect to the regulation by the ,federal ,government of any anti-fouling system that1 on or after the date of enactment of this ,act1 is covered under the ,international ,convention on the ,control of ,harmful ,anti-fouling ,systems on ,ships1 done at ,london ,october #e1 #bjja4 7c7 ,international law 7#a7 ,in general ,any action taken under this ,act shall be taken in accordance with international law4 7#b7 ,standards ,nothing in this ,act may be construed to impose any design1 equipment1 or operation standard on a commercial vessel not documented under the laws of the ,united ,states and engaged in innocent passage unless the standard implements a generally accepted international rule1 as determined by the ,secretary4 7d7 ,other authorities ,nothing in this ,act may construed as affecting the authority of the ,secretary of ,commerce or the ,secretary of the ,interior1 as the case may be1 to administer lands or waters under such ,secretary's administrative control4 7e7 ,conforming amendment ,section #abje of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgbe7 is amended by adding at the end the following3 ,ballast water and discharges incidental to the normal operation of a commercial vessel 7as such terms are defined in the ,commercial ,vessel ,incidental ,discharge ,act71 shall be regulated pursuant to such ,act44