BILL SPONSOR

Introduced in Senate (03/06/2014)

Vessel Incidental Discharge Act - Requires the Secretary of the department in which the Coast Guard is operating: (1) to establish and implement enforceable uniform national standards for the regulation of discharges incidental to the normal operation of a vessel into navigable waters; (2) within two years, to issue a rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water; (3) not less than two years before January 1, 2022, to complete a review to determine the feasibility of achieving the ballast water performance standard; and (4) by January 1, 2022, to issue a rule, subject to such review, to revise the standard so that a ballast water discharge will contain less than specified concentrations of living organisms, indicator microbes, and viruses.

Deems the management requirements for a ballast water discharge incidental to the normal operation of a vessel to be those set forth in the final rule, "Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters" (March 23, 2012), as corrected (June 8, 2012) until the Secretary revises the ballast water performance standard or adopts a more stringent state standard pursuant to this Act.

Applies the revised ballast water performance standard to a vessel on the first dry docking of the vessel on or after January 1, 2022, but no later than December 31, 2024.

Allows the Secretary to establish a deadline for compliance by a vessel (or a class, type, or size of vessel) with a revised ballast water performance standard. Provides a process for petitioning for an extension of a deadline, including factors to be considered.

Requires the Secretary, 10 years after the issuance of the revised rule and every 10 years thereafter, to review and revise such ballast water performance standard if such revision would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. Authorizes the Secretary to include in such decennial review best management practices for discharges other than ballast water. Requires the Secretary to revise such practices if the revision would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water.

Prohibits manufacturers of ballast water treatment technology for a vessel from selling, introducing, delivering for interstate commerce, or importing such technology for sale unless it has been certified under this Act. Sets forth a certification process.

Prohibits the Secretary from approving a ballast water treatment technology if it uses a biocide or generates a biocide: (1) that is a pesticide, unless the biocide is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or the Secretary, in consultation with the Administrator of the Environmental Protection Agency (EPA), has approved the use of the biocide in such technology; or (2) the discharge of which causes or contributes to a violation of a water quality standard under the Federal Water Pollution Control Act (commonly known as the Clean Water Act.)

Prohibits, with exceptions, the use of a ballast water treatment technology by an owner or operator of a vessel unless it has been certified by the Secretary.

Sets forth exemptions from permit requirements, prohibitions of any other law, and discharge standards under this Act for specified discharges and vessels.

Authorizes the Secretary to promulgate regulations establishing alternative programs for compliance with ballast water discharge regulations for specified vessels. Directs the Administrator to promulgate standards for: (1) the reception of ballast water from a vessel into a reception facility, and (2) the disposal or treatment of such ballast water.

Establishes this Act as the exclusive statutory authority for federal regulation of discharges incidental to the normal operation of a vessel to which this Act applies.