commercial vessel
(10) Additional regional requirements (A) Minimum Great Lakes System requirements (i) In general Except as provided in clause (ii), the owner or operator of a vessel entering the St. Lawrence Seaway through the mouth of the St. Lawrence River shall conduct a complete ballast water exchange or saltwater flush— (I) not less than 200 nautical miles from any shore for a voyage originating outside the United States or Canadian exclusive economic zone; or (II) not less than 50 nautical miles from any shore for a voyage originating within the United States or Canadian exclusive economic zone. (ii) Exceptions Clause (i) shall not apply to a vessel if— (I) complying with an applicable requirement of clause (i)— (aa) would compromise the safety of the vessel; or (bb) is otherwise prohibited by any Federal, Canadian, or international law (including regulations) pertaining to vessel safety; (II) design limitations of the vessel prevent a ballast water exchange from being conducted in accordance with an applicable requirement of clause (i); (III) the vessel— (aa) is certified by the Secretary as having no residual ballast water or sediments onboard; or (bb) retains all ballast water while in waters subject to the requirement; or (IV) empty ballast tanks on the vessel are sealed and certified by the Secretary in a manner that ensures that— (aa) no discharge or uptake occurs; and (bb) any subsequent discharge of ballast water is subject to the requirement. (B) Enhanced Great Lakes System requirements (i) Petitions by Governors for proposed enhanced standards and requirements (I) In general The Governor of a Great Lakes State (or a State employee designee) may submit a petition in accordance with subclause (II) to propose that other Governors of Great Lakes States endorse an enhanced standard of performance or other requirement with respect to any discharge that— (aa) is subject to regulation under this subsection; and (bb) occurs within the Great Lakes System. (II) Submission A Governor shall submit a petition under subclause (I), in writing, to— (aa) the Executive Director of the Great Lakes Commission, in such manner as may be prescribed by the Great Lakes Commission; (bb) the Governor of each other Great Lakes State; and (cc) the Director of the Great Lakes National Program Office established by section 1268(b) of this title . (III) Preliminary assessment by Great Lakes Commission (aa) In general After the date of receipt of a petition under subclause (II)(aa), the Great Lakes Commission (acting through the Great Lakes Panel on Aquatic Nuisance Species, to the maximum extent practicable) may develop a preliminary assessment regarding each enhanced standard of performance or other requirement described in the petition. (bb) Provisions The preliminary assessment developed by the Great Lakes Commission under item (aa)— (AA) may be developed in consultation with relevant experts and stakeholders; (BB) may be narrative in nature; (CC) may include the preliminary views, if any, of the Great Lakes Commission on the propriety of the proposed enhanced standard of performance or other requirement; (DD) shall be submitted, in writing, to the Governor of each Great Lakes State and the Director of the Great Lakes National Program Office and published on the internet website of the Great Lakes National Program Office; and (EE) except as provided in clause (iii), shall not be taken into consideration, or provide a basis for review, by the Administrator or the Secretary for purposes of that clause. (ii) Proposed enhanced standards and requirements (I) Publication in Federal Register (aa) Request by Governor Not earlier than the date that is 90 days after the date on which the Executive Director of the Great Lakes Commission receives from a Governor of a Great Lakes State a petition under clause (i)(II)(aa), the Governor may request the Director of the Great Lakes National Program Office to publish, for a period requested by the Governor of not less than 30 days, and the Director shall so publish, in the Federal Register for public comment— (AA) a copy of the petition; and (BB) if applicable as of the date of publication, any preliminary assessment of the Great Lakes Commission developed under clause (i)(III) relating to the petition. (bb) Review of public comments On receipt of a written request of a Governor of a Great Lakes State, the Director of the Great Lakes National Program Office shall make available all public comments received in response to the notice under item (aa). (cc) No response required Notwithstanding any other provision of law, a Governor of a Great Lakes State or the Director of the Great Lakes National Program Office shall not be required to provide a response to any comment received in response to the publication of a petition or preliminary assessment under item (aa). (dd) Purpose Any public comments received in response to the publication of a petition or preliminary assessment under item (aa) shall be used solely for the purpose of providing information and feedback to the Governor of each Great Lakes State regarding the decision to endorse the proposed standard or requirement. (ee) Effect of petition A proposed standard or requirement developed under subclause (II) may differ from the proposed standard or requirement described in a petition published under item (aa). (II) Coordination to develop proposed standard or requirement After the expiration of the public comment period for the petition under subclause (I), any interested Governor of a Great Lakes State may work in coordination with the Great Lakes Commission to develop a proposed standard of performance or other requirement applicable to a discharge referred to in the petition. (III) Requirements A proposed standard of performance or other requirement under subclause (II)— (aa) shall be developed— (AA) in consultation with representatives from the Federal and provincial governments of Canada; (BB) after notice and opportunity for public comment on the petition published under subclause (I); and (CC) taking into consideration the preliminary assessment, if any, of the Great Lakes Commission under clause (i)(III); (bb) shall be specifically endorsed in writing by— (AA) the Governor of each Great Lakes State, if the proposed standard or requirement would impose any additional equipment requirement on a vessel; or (BB) not fewer than 5 Governors of Great Lakes States, if the proposed standard or requirement would not impose any additional equipment requirement on a vessel; and (cc) in the case of a proposed requirement to prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into waters within the Great Lakes System, shall not apply outside the waters of the Great Lakes States of the Governors endorsing the proposed requirement under item (bb). (iii) Promulgation by Administrator and Secretary (I) Submission (aa) In general The Governors endorsing a proposed standard or requirement under clause (ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to clause (ii). (bb) Inclusion Each submission under item (aa) shall include an explanation regarding why the applicable standard of performance or other requirement is— (AA) at least as stringent as a comparable standard of performance or other requirement under this subsection; (BB) in accordance with maritime safety; and (CC) in accordance with applicable maritime and navigation laws and regulations. (cc) Withdrawal (AA) In general The Governor of any Great Lakes State that endorses a proposed standard or requirement under clause (ii)(III)(bb) may withdraw the endorsement by not later than the date that is 90 days after the date on which the Administrator and the Secretary receive the proposed standard or requirement. (BB) Effect on Federal review If, after the withdrawal of an endorsement under subitem (AA), the proposed standard or requirement does not have the applicable number of endorsements under clause (ii)(III)(bb), the Administrator and the Secretary shall terminate the review under this clause. (dd) Dissenting opinions The Governor of a Great Lakes State that does not endorse a proposed standard or requirement under clause (ii)(III)(bb) may submit to the Administrator and the Secretary any dissenting opinions of the Governor. (II) Joint notice On receipt of a proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall publish in the Federal Register a joint notice that, at minimum— (aa) states that the proposed standard or requirement is publicly available; and (bb) provides an opportunity for public comment regarding the proposed standard or requirement during the 90-day period beginning on the date of receipt by the Administrator and the Secretary of the proposed standard or requirement. (III) Review (aa) In general As soon as practicable after the date of publication of a joint notice under subclause (II)— (AA) the Administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this subsection; and (BB) the Secretary shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is in accordance with maritime safety and applicable maritime and navigation laws and regulations. (bb) Consultation In carrying out item (aa), the Administrator and the Secretary— (AA) shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada; (BB) shall take into consideration any relevant data or public comments received under subclause (II)(bb); and (CC) shall not take into consideration any preliminary assessment by the Great Lakes Commission under clause (i)(III), or any dissenting opinion under subclause (I)(dd), except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under item (aa). (IV) Approval or disapproval Not later than 180 days after the date of receipt of each proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall— (aa) determine, as applicable, whether each proposed standard or other requirement satisfies the criteria under subclause (III)(aa); (bb) approve each proposed standard or other requirement, unless the Administrator or the Secretary, as applicable, determines under item (aa) that the proposed standard or other requirement does not satisfy the criteria under subclause (III)(aa); and (cc) submit to the Governor of each Great Lakes State, and publish in the Federal Register, a notice of the determination under item (aa). (V) Action on disapproval (aa) Rationale and recommendations If the Administrator and the Secretary disapprove a proposed standard of performance or other requirement under subclause (IV)(bb), the notices under subclause (IV)(cc) shall include— (AA) a description of the reasons why the standard or requirement is, as applicable, less stringent than a comparable standard or requirement under this subsection, inconsistent with maritime safety, or inconsistent with applicable maritime and navigation laws and regulations; and (BB) any recommendations regarding changes the Governors of the Great Lakes States could make to conform the disapproved portion of the standard or requirement to the requirements of this subparagraph. (bb) Review Disapproval of a proposed standard or requirement by the Administrator and the Secretary under this subparagraph shall be considered to be a final agency action subject to judicial review under section 1369 of this title . (VI) Action on approval On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement under subclause (IV)(bb)— (aa) the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes System in lieu of any comparable standard or other requirement promulgated under paragraph (4); and (bb) the Secretary shall establish, by regulation, any requirements necessary to implement, ensure compliance with, and enforce the standard or requirement under item (aa), or to apply the proposed requirement, within the Great Lakes System in lieu of any comparable requirement promulgated under paragraph (5). (VII) No judicial review for certain actions An action or inaction of a Governor of a Great Lakes State or the Great Lakes Commission under this subparagraph shall not be subject to judicial review. (VIII) Great Lakes Compact Nothing in this subsection limits, alters, or amends the Great Lakes Compact 2 to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414 ). (IX) Authorization of appropriations There is authorized to be appropriated to the Great Lakes Commission $5,000,000, to be available until expended. (C) Minimum Pacific Region requirements (i) Definition of commercial vessel In this subparagraph, the term “commercial vessel” means a vessel operating between— (I) 2 ports or places of destination within the Pacific Region; or (II) a port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California. (ii) Ballast water exchange (I) In general Except as provided in subclause (II) and clause (iv), the owner or operator of a commercial vessel shall conduct a complete ballast water exchange in waters more than 50 nautical miles from shore. (II) Exemptions Subclause (I) shall not apply to a commercial vessel— (aa) using, in compliance with applicable requirements, a type-approved ballast water management system approved by the Secretary; or (bb) voyaging— (AA) between or to a port or place of destination in the State of Washington, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 46 degrees north latitude, including the internal waters of the Columbia River, and the internal waters of Canada south of parallel 50 degrees north latitude, including the waters of the Strait of Georgia and the Strait of Juan de Fuca; (BB) between ports or places of destination in the State of Oregon, if the ballast water to be discharged from the commercial vessel originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude; (CC) between ports or places of destination in the State of California within the San Francisco Bay area east of the Golden Gate Bridge, including the Port of Stockton and the Port of Sacramento, if the ballast water to be discharged from the commercial vessel originated solely from ports or places within that area; (DD) between the Port of Los Angeles, the Port of Long Beach, and the El Segundo offshore marine oil terminal, if the ballast water to be discharged from the commercial vessel originated solely from the Port of Los Angeles, the Port of Long Beach, or the El Segundo offshore marine oil terminal; (EE) between a port or place of destination in the State of Alaska within a single Captain of the Port Zone; (FF) between ports or places of destination in different counties of the State of Hawaii, if the vessel may conduct a complete ballast water exchange in waters that are more than 10 nautical miles from shore and at least 200 meters deep; or (GG) between ports or places of destination within the same county of the State of Hawaii, if the vessel does not transit outside State marine waters during the voyage. (iii) Low-salinity ballast water (I) In general Except as provided in subclause (II) and clause (iv), the owner or operator of a commercial vessel that transports ballast water sourced from waters with a measured salinity of less than 18 parts per thousand and voyages to a Pacific Region port or place of destination with a measured salinity of less than 18 parts per thousand shall conduct a complete ballast water exchange— (aa) not less than 50 nautical miles from shore, if the ballast water was sourced from a Pacific Region port or place of destination; or (bb) more than 200 nautical miles from shore, if the ballast water was not sourced from a Pacific Region port or place of destination. (II) Exception Subclause (I) shall not apply to a commercial vessel voyaging to a port or place of destination in the Pacific Region that is using, in compliance with applicable requirements, a type-approved ballast water management system approved by the Secretary to achieve standards of performance of— (aa) less than 1 organism per 10 cubic meters, if that organism— (AA) is living, or has not been rendered nonviable; and (BB) is 50 or more micrometers in minimum dimension; (bb) less than 1 organism per 10 milliliters, if that organism— (AA) is living, or has not been rendered nonviable; and (BB) is more than 10, but less than 50, micrometers in minimum dimension; (cc) concentrations of indicator microbes that are less than— (AA) 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; (BB) 126 colony-forming units of escherichia coli per 100 milliliters; and (CC) 33 colony-forming units of intestinal enterococci per 100 milliliters; and (dd) concentrations of such additional indicator microbes and viruses as may be specified in the standards of performance established by the Administrator under paragraph (4). (iv) General exceptions The requirements of clauses (ii) and (iii) shall not apply to a commercial vessel if— (I) complying with the requirement would compromise the safety of the commercial vessel; (II) design limitations of the commercial vessel prevent a ballast water exchange from being conducted in accordance with clause (ii) or (iii), as applicable; (III) the commercial vessel— (aa) is certified by the Secretary as having no residual ballast water or sediments onboard; or (bb) retains all ballast water while in waters subject to those requirements; or (IV) empty ballast tanks on the commercial vessel are sealed and certified by the Secretary in a manner that ensures that— (aa) no discharge or uptake occurs; and (bb) any subsequent discharge of ballast water is subject to those requirements. (D) Establishment of State no-discharge zones (i) State prohibition Subject to clause (ii), after the effective date of regulations promulgated by the Secretary under paragraph (5), if any State determines that the protection and enhancement of the quality of some or all of the waters within the State require greater environmental protection, the State may prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into such waters. (ii) Applicability A prohibition by a State under clause (i) shall not apply until the date on which the Administrator makes the applicable determinations described in clause (iii). (iii) Prohibition by Administrator (I) Determination On application of a State, the Administrator, in concurrence with the Secretary (subject to subclause (II)), shall, by regulation, prohibit the discharge from a vessel of 1 or more discharges subject to regulation under this subsection, whether treated or not treated, into the waters covered by the application if the Administrator determines that— (aa) prohibition of the discharge would protect and enhance the quality of the specified waters within the State; (bb) adequate facilities for the safe and sanitary removal and treatment of the discharge are reasonably available for the water and all vessels to which the prohibition would apply; (cc) the discharge can be safely collected and stored until a vessel reaches a discharge facility or other location; and (dd) in the case of an application for the prohibition of discharges of ballast water in a port (or in any other location where cargo, passengers, or fuel are loaded and unloaded)— (AA) the adequate facilities described in item (bb) are reasonably available for commercial vessels, after considering, at a minimum, water depth, dock size, pumpout facility capacity and flow rate, availability of year-round operations, proximity to navigation routes, and the ratio of pumpout facilities to the population and discharge capacity of commercial vessels operating in those waters; and (BB) the prohibition will not unreasonably interfere with the safe loading and unloading of cargo, passengers, or fuel. (II) Concurrence with Secretary (aa) Request The Administrator shall submit to the Secretary a request for written concurrence with respect to a prohibition under subclause (I). (bb) Effect of failure to concur A failure by the Secretary to concur with the Administrator under subclause (I) by the date that is 60 days after the date on which the Administrator submits a request for concurrence under item (aa) shall not prevent the Administrator from prohibiting the relevant discharge in accordance with subclause (III), subject to the condition that the Administrator shall include in the administrative record of the promulgation— (AA) documentation of the request submitted under item (aa); and (BB) the response of the Administrator to any written objections received from the Secretary relating to the proposed standard of performance during the 60-day period beginning on the date of submission of the request. (III) Timing The Administrator shall approve or disapprove an application submitted under subclause (I) by not later than 90 days after the date on which the application is submitted to the Administrator. (E) Maintenance in effect of more-stringent standards In any case in which a requirement established under this paragraph is more stringent or environmentally protective than a comparable requirement established under paragraph (4), (5), or (6), the more-stringent or more-protective requirement shall control.