33 U.S.C. § 1322
In this section, the term-
The provisions of this section and the standards and regulations promulgated hereunder apply to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security. With respect to vessels owned and operated by the Department of Defense, regulations under the last sentence of subsection (b)(1) of this section and certifications under subsection (g)(2) of this section shall be promulgated and issued by the Secretary of Defense.
Before the standards and regulations under this section are promulgated, the Administrator and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health and Human Services; the Secretary of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with the requirements of section 553 of title 5.
Subject to paragraph (2), after the effective date of standards and regulations promulgated under this section, it shall be unlawful-
Nothing in this subsection requires certification of a marine pollution control device for use on any vessel of the Armed Forces.
The district courts of the United States shall have jurisdictions to restrain violations of subsection (g)(1) of this section and subsections (h)(1) through (3) of this section. Actions to restrain such violations shall be brought by, and in, the name of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Any person who violates subsection (g)(1), clause (1) or (2) of subsection (h), or subsection (n)(8) shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each violation shall be a separate offense. The Secretary of the department in which the Coast Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person charged shall have been given notice and an opportunity for a hearing on such charge. In determining the amount of the penalty, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered by said Secretary.
This section shall be enforced by the Administrator, to the extent provided in section 1319 of this title.
This section shall be enforced by the Secretary of the department in which the Coast Guard is operating, who may use, by agreement, with or without reimbursement, law enforcement officers or other personnel and facilities of the Administrator, other Federal agencies, or the States to carry out the provisions of this section.
For purposes of ensuring compliance with this section, the Secretary-
The Secretary may detain a vessel if the Secretary-
This section may be enforced by a State or political subdivision of a State (including the attorney general of a State), including by filing a civil action in an appropriate Federal district court to enforce any violation of subsection (p).
The appropriate Federal district court shall have jurisdiction with respect to a civil action filed pursuant to subparagraph (A), without regard to the amount in controversy or the citizenship of the parties-
Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent jurisdiction.
In the case of Guam and the Trust Territory of the Pacific Islands, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the District Court for the District of the Canal Zone.
This subsection shall apply to vessels of the Armed Forces and discharges, other than sewage, incidental to the normal operation of a vessel of the Armed Forces, unless the Secretary of Defense finds that compliance with this subsection would not be in the national security interests of the United States.
The Administrator and the Secretary of Defense, after consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall jointly determine the discharges incidental to the normal operation of a vessel of the Armed Forces for which it is reasonable and practicable to require use of a marine pollution control device to mitigate adverse impacts on the marine environment. Notwithstanding subsection (a)(1) of section 553 of title 5, the Administrator and the Secretary of Defense shall promulgate the determinations in accordance with such section. The Secretary of Defense shall require the use of a marine pollution control device on board a vessel of the Armed Forces in any case in which it is determined that the use of such a device is reasonable and practicable.
In making a determination under subparagraph (A), the Administrator and the Secretary of Defense shall take into consideration-
For each discharge for which a marine pollution control device is determined to be required under paragraph (2), the Administrator and the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of State, the Secretary of Commerce, other interested Federal agencies, and interested States, shall jointly promulgate Federal standards of performance for each marine pollution control device required with respect to the discharge. Notwithstanding subsection (a)(1) of section 553 of title 5, the Administrator and the Secretary of Defense shall promulgate the standards in accordance with such section.
In promulgating standards under this paragraph, the Administrator and the Secretary of Defense shall take into consideration the matters set forth in paragraph (2)(B).
The standards promulgated under this paragraph may-
The Secretary of Defense, after consultation with the Administrator and the Secretary of the department in which the Coast Guard is operating, shall promulgate such regulations governing the design, construction, installation, and use of marine pollution control devices on board vessels of the Armed Forces as are necessary to achieve the standards promulgated under paragraph (3).
The Administrator and the Secretary of Defense shall-
The Administrator and the Secretary of Defense shall-
The Secretary of Defense shall promulgate regulations with respect to a marine pollution control device under paragraph (4) as soon as practicable after the Administrator and the Secretary of Defense promulgate standards with respect to the device under paragraph (3), but not later than 1 year after the Administrator and the Secretary of Defense promulgate the standards. The regulations promulgated by the Secretary of Defense under paragraph (4) shall become effective upon promulgation unless another effective date is specified in the regulations.
The Governor of any State may submit a petition requesting that the Secretary of Defense and the Administrator review a determination under paragraph (2) or a standard under paragraph (3), if there is significant new information, not considered previously, that could reasonably result in a change to the particular determination or standard after consideration of the matters set forth in paragraph (2)(B). The petition shall be accompanied by the scientific and technical information on which the petition is based. The Administrator and the Secretary of Defense shall grant or deny the petition not later than 2 years after the date of receipt of the petition.
Beginning on the effective date of-
except as provided in paragraph (7), neither a State nor a political subdivision of a State may adopt or enforce any statute or regulation of the State or political subdivision with respect to the discharge or the design, construction, installation, or use of any marine pollution control device required to control discharges from a vessel of the Armed Forces.
This subsection shall not affect the application of section 1321 of this title to discharges incidental to the normal operation of a vessel.
After the effective date of-
if a 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 discharges incidental to the normal operation of a vessel, whether treated or not treated, into the waters. No prohibition shall apply until the Administrator makes the determinations described in subclauses (II) and (III) of subparagraph (B)(i).
To the extent that a prohibition under this paragraph would apply to vessels of the Armed Forces and not to other types of vessels, the State shall document the technical or environmental basis for the distinction.
Upon application of a State, the Administrator shall by regulation prohibit the discharge from a vessel of 1 or more discharges incidental to the normal operation of a vessel, whether treated or not treated, into the waters covered by the application if the Administrator determines that-
The Administrator shall approve or disapprove an application submitted under clause (i) not later than 90 days after the date on which the application is submitted to the Administrator. Notwithstanding clause (i)(II), the Administrator shall not disapprove an application for the sole reason that there are not adequate facilities to remove any discharge incidental to the normal operation of a vessel from vessels of the Armed Forces.
A prohibition under this paragraph-
After the effective date of the regulations promulgated by the Secretary of Defense under paragraph (4), it shall be unlawful for any vessel of the Armed Forces subject to the regulations to-
This subsection shall be enforceable, as provided in subsections (j) and (k), against any agency of the United States responsible for vessels of the Armed Forces notwithstanding any immunity asserted by the agency.
This subsection applies to any discharge, other than a discharge of sewage, from a recreational vessel that is-
The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States.
The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5.
The Administrator shall develop management practices for recreational vessels in any case in which the Administrator determines that the use of those practices is reasonable and practicable.
In making a determination under subparagraph (A), the Administrator shall consider-
The Administrator shall-
For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title 5, Federal standards of performance for each management practice required with respect to the discharge.
In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B).
The standards promulgated under this paragraph may-
The Administrator shall-
The Secretary of the department in which the Coast Guard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for recreational vessels as are necessary to meet the standards of performance promulgated under paragraph (3).
The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards.
The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations.
In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation.
This subsection shall not affect the application of section 1321 of this title to discharges incidental to the normal operation of a recreational vessel.
After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection.
In this subsection:
The term "aquatic nuisance species" means a nonindigenous species that threatens-
The term "ballast water" means any water, suspended matter, and other materials taken onboard a vessel-
The term "ballast water" does not include any substance that is added to the water described in clause (i) that is directly related to the operation of a properly functioning ballast water management system.
The term "ballast water discharge standard" means-
The term "ballast water exchange" means the replacement of water in a ballast water tank using 1 of the following methods:
The term "ballast water management system" means any marine pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes ballast water-
The term "best available technology economically achievable" means-
The term "best conventional pollutant control technology" means-
The term "best management practice" means a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of-
The term "best management practice" includes any treatment requirement, operating procedure, or practice to control-
The term "best practicable control technology currently available" means-
The term "Captain of the Port Zone" means a Captain of the Port Zone established by the Secretary pursuant to sections 92, 93, and 633 1 of title 14.
The term "empty ballast tank" means a tank that-
The term "Great Lakes Commission" means the Great Lakes Commission established by article IV A of the Great Lakes Compact 2 to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90-419; 82 Stat. 414).
The term "Great Lakes State" means any of the States of-
The term "Great Lakes System" has the meaning given the term in section 1268(a)(3) of this title.
The term "internal waters" has the meaning given the term in section 2.24 of title 33, Code of Federal Regulations (or a successor regulation).
The term "marine pollution control device" means any equipment or management practice (or combination of equipment and a management practice), for installation or use onboard a vessel, that is-
The term "nonindigenous species" means an organism of a species that enters an ecosystem beyond the historic range of the species.
The term "organism" includes-
The term "Pacific Region" means any Federal or State water-
The term "Pacific Region" includes the entire exclusive economic zone (as defined in section 2701 of this title) adjacent to each State described in clause (i)(I).
The term "port or place of destination" means a port or place to which a vessel is bound to anchor or moor.
The term "render nonviable", with respect to an organism in ballast water, means the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment.
The term "saltwater flush" means-
For purposes of clause (i), a saltwater flush may require more than 1 fill-mix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel at 1 time.
The term "Secretary" means the Secretary of the department in which the Coast Guard is operating.
The term "Small Vessel General Permit" means the permit that is the subject of the notice of final permit issuance entitled "Final National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet" (79 Fed. Reg. 53702 (September 10, 2014)).
The term "small vessel or fishing vessel" means a vessel that is-
The term "Vessel General Permit" means the permit that is the subject of the notice of final permit issuance entitled "Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel" (78 Fed. Reg. 21938 (April 12, 2013)).
Except as provided in subparagraph (B), this subsection applies to-
This subsection does not apply to any discharge incidental to the normal operation of a vessel-
Notwithstanding the expiration date of the Vessel General Permit or any other provision of law, all provisions of the Vessel General Permit shall remain in force and effect, and shall not be modified, until the applicable date described in subparagraph (C).
Notwithstanding section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, all regulations promulgated by the Secretary pursuant to section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4711 ) (as in effect on the day before December 4, 2018), including the regulations contained in subparts C and D of part 151 of title 33, Code of Federal Regulations, and subpart 162.060 of part 162 of title 46, Code of Federal Regulations (as in effect on the day before December 4, 2018), shall remain in force and effect until the applicable date described in subparagraph (C).
Effective beginning on the date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and (C) of paragraph (5) with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final, effective, and enforceable, the requirements of the Vessel General Permit and the regulations described in subparagraph (B) shall have no force or effect.
Not later than 2 years after December 4, 2018, the Administrator, in concurrence with the Secretary (subject to clause (ii)), and in consultation with interested Governors (subject to clause (iii)), shall promulgate Federal standards of performance for marine pollution control devices for each type of discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection.
The Administrator shall submit to the Secretary a request for written concurrence with respect to a proposed standard of performance under clause (i).
A failure by the Secretary to concur with the Administrator under clause (i) by the date that is 60 days after the date on which the Administrator submits a request for concurrence under subclause (I) shall not prevent the Administrator from promulgating the relevant standard of performance in accordance with the deadline under clause (i), subject to the condition that the Administrator shall include in the administrative record of the promulgation-
The Administrator, in promulgating a standard of performance under clause (i), shall develop the standard of performance-
The Administrator shall develop a process for soliciting input from interested Governors, including information sharing relevant to such process, to allow interested Governors to inform the development of standards of performance under clause (i).
An interested Governor that objects to a proposed standard of performance under clause (i) may submit to the Administrator in writing a detailed objection to the proposed standard of performance, describing the scientific, technical, or operational factors that form the basis of the objection.
Before finalizing a standard of performance under clause (i) that is subject to an objection under item (aa) from 1 or more interested Governors, the Administrator shall provide a written response to each interested Governor that submitted an objection under that item that details the scientific, technical, or operational factors that form the basis for that standard of performance.
A response of the Administrator under item (bb) shall not be subject to judicial review.
The Administrator shall promulgate the standards of performance under this subparagraph in accordance with-
Subject to clause (iii), the standards of performance promulgated under this paragraph shall require-
The Administrator shall require the use of best management practices to control or abate any discharge incidental to the normal operation of a vessel if-
Subject to subparagraph (D)(ii)(II), the combination of any equipment or best management practice comprising a marine pollution control device shall not be less stringent than the following provisions of the Vessel General Permit:
The standards promulgated under this paragraph may distinguish-
Not less frequently than once every 5 years, the Administrator, in consultation with the Secretary, shall-
Except as provided in subclause (II), the Administrator shall not revise a standard of performance under this subsection to be less stringent than an applicable existing requirement.
The Administrator may revise a standard of performance to be less stringent than an applicable existing requirement-
Notwithstanding any other provision of this subsection, the Administrator, in concurrence with the Secretary (subject to clause (ii)), and in consultation with States, may require, by order, the use of an emergency best management practice for any region or category of vessels in any case in which the Administrator determines that such a best management practice-
The Administrator shall submit to the Secretary a request for written concurrence with respect to an order under clause (i).
A failure by the Secretary to concur with the Administrator under clause (i) by the date that is 60 days after the date on which the Administrator submits a request for concurrence under subclause (I) shall not prevent the Administrator from issuing the relevant order, subject to the condition that the Administrator shall include in the administrative record of the issuance-
An order issued by the Administrator under clause (i) shall expire not later than the date that is 4 years after the date of issuance.
The Administrator may reissue an order under clause (i) for such subsequent periods of not longer than 4 years as the Administrator determines to be appropriate.
As soon as practicable, but not later than 2 years, after the date on which the Administrator promulgates any new or revised standard of performance under paragraph (4) with respect to a discharge, the Secretary, in consultation with States, shall promulgate the regulations required under this paragraph with respect to that discharge.
Subject to subparagraph (C)(ii)(II), the regulations promulgated under this paragraph shall not be less stringent with respect to ensuring, monitoring, and enforcing compliance than-
The Secretary, in coordination with the Governors of the States, shall develop, publish, and periodically update inspection, monitoring, data management, and enforcement procedures for the enforcement by States of Federal standards and requirements under this subsection.
In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall take into consideration the period of time necessary-
The Secretary shall promulgate the regulations under this subparagraph in accordance with-
The Secretary shall promulgate such regulations governing the design, construction, testing, approval, installation, and use of marine pollution control devices as are necessary to ensure compliance with the standards of performance promulgated under paragraph (4).
The Secretary shall promulgate requirements (including requirements for vessel owners and operators with respect to inspections, monitoring, reporting, sampling, and recordkeeping) to ensure, monitor, and enforce compliance with-
Except as provided in subclause (II), the Secretary shall not revise a requirement under this subparagraph or subparagraph (B) to be less stringent with respect to ensuring, monitoring, or enforcing compliance than an applicable existing requirement.
The Secretary may revise a requirement under this subparagraph or subparagraph (B) to be less stringent than an applicable existing requirement-
Beginning not later than 1 year after December 4, 2018, the Secretary shall provide to the Governor of a State, on request by the Governor, access to Automated Identification System arrival data for inbound vessels to specific ports or places of destination in the State.
In addition to the other applicable requirements of this subsection, the requirements of this paragraph shall apply with respect to any discharge incidental to the normal operation of a vessel that is a discharge of ballast water.
Except as provided in clause (ii), the owner or operator of a vessel with empty ballast tanks bound for a port or place of destination subject to the jurisdiction of the United States shall, prior to arriving at that port or place of destination, conduct a ballast water exchange or saltwater flush-
Clause (i) shall not apply-
Except as provided in clause (ii), a vessel shall be deemed to be in compliance with a standard of performance for a marine pollution control device that is a ballast water management system if the ballast water management system-
Clause (i) shall cease to apply with respect to any vessel on, as applicable-
Notwithstanding any other provision of law (including regulations), for purposes of section 151.1511 of title 33, and part 162 of title 46, Code of Federal Regulations (or successor regulations), the terms "live" and "living" shall not-
Not later than 180 days after December 4, 2018, the Secretary, in coordination with the Administrator, shall publish a draft policy letter, based on the best available science, describing type-approval testing methods and protocols for ballast water management systems, if any, that-
The Secretary shall provide a period of not more than 60 days for public comment regarding the draft policy letter published under clause (ii).
Not later than 1 year after December 4, 2018, the Secretary, in coordination with the Administrator, shall publish a final policy letter describing type-approval testing methods, if any, for ballast water management systems that render nonviable organisms in ballast water.
The ballast water management systems under subclause (I) shall be evaluated by measuring the concentration of organisms in ballast water that are capable of reproduction based on the best available science that may be used in addition to the methods established under subpart 162.060 of title 46, Code of Federal Regulations (or successor regulations).
The Secretary shall revise the final policy letter under subclause (I) in any case in which the Secretary, in coordination with the Administrator, determines that additional testing methods are capable of measuring the concentration of organisms in ballast water that have not been rendered nonviable.
In developing a policy letter under this subparagraph, the Secretary, in coordination with the Administrator-
The Secretary, in consultation with the Administrator and acting in coordination with, or through, the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ), shall establish a framework for Federal and intergovernmental response to aquatic nuisance species risks from discharges from vessels subject to ballast water and incidental discharge compliance requirements under this subsection, including the introduction, spread, and establishment of aquatic nuisance species populations.
The Administrator, in coordination with the Secretary and taking into consideration information from the National Ballast Information Clearinghouse developed under section 1102(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4712(f) ), shall establish a risk assessment and response framework using ballast water discharge data and aquatic nuisance species monitoring data for the purposes of-
The Governor of a State (or a designee) may submit to the Administrator or the Secretary a petition-
A petition under subparagraph (A) shall include a description of any applicable scientific or technical information that forms the basis of the petition.
The Administrator or the Secretary, as applicable, shall grant or deny-
If the Administrator or the Secretary determines under clause (i) to grant a petition-
If the Administrator or the Secretary determines under clause (i) to deny a petition, the Administrator or Secretary shall publish in the Federal Register, by not later than 30 days after the date of that determination, a detailed explanation of the scientific, technical, or operational factors that form the basis of the determination.
A determination by the Administrator or the Secretary under clause (i) to deny a petition shall be-
Notwithstanding section 1369(b) of this title, a petition for review of a determination by the Administrator or the Secretary under clause (i) to deny a petition submitted by the Governor of a State under subparagraph (A) may be filed in any United States district court of competent jurisdiction.
Notwithstanding section 1369(b) of this title, a petition for review of a determination by the Administrator or the Secretary under clause (i) shall be filed by not later than 180 days after the date on which the justification for the determination is published in the Federal Register under clause (iii).
It shall be unlawful for any person to violate-
Effective beginning on the effective date of a regulation promulgated under paragraph (4), (5), (6), or (10), as applicable, it shall be unlawful for the owner or operator of a vessel subject to the regulation-
No person shall be found to be in violation of this paragraph if-
Each day of continuing violation of an applicable requirement of this subsection shall constitute a separate offense.
A vessel operated in violation of this subsection is liable in rem for any civil penalty assessed for the violation.
The Secretary shall withhold or revoke the clearance of a vessel required under section 60105 of title 46 if the owner or operator of the vessel is in violation of this subsection.
Except as provided in clauses (ii) through (v) and paragraph (10), effective beginning on the date on which the requirements promulgated by the Secretary under subparagraphs (A), (B), and (C) of paragraph (5) with respect to every discharge incidental to the normal operation of a vessel that is subject to regulation under this subsection are final, effective, and enforceable, no State, political subdivision of a State, or interstate agency may adopt or enforce any law, regulation, or other requirement of the State, political subdivision, or interstate agency with respect to any such discharge.
Clause (i) shall not apply to any law, regulation, or other requirement of a State, political subdivision of a State, or interstate agency in effect on or after December 4, 2018-
A State may enforce any standard of performance or other Federal requirement of this subsection in accordance with subsection (k) or other applicable Federal authority.
Subject to subclauses (II) and (III), a State that assesses any fee pursuant to any State or Federal law relating to the regulation of a discharge incidental to the normal operation of a vessel before December 4, 2018, may assess or retain a fee to cover the costs of administration, inspection, monitoring, and enforcement activities by the State to achieve compliance with the applicable requirements of this subsection.
Except as provided in item (bb), a State may assess a fee for activities under this clause equal to not more than $1,000 against the owner or operator of a vessel that-
A State may assess against the owner or operator of a vessel registered in accordance with applicable Federal law and lawfully engaged in the coastwise trade not more than $5,000 in fees under this clause per vessel during a calendar year.
A State may adjust the amount of a fee authorized under this clause not more frequently than once every 5 years to reflect the percentage by which the Consumer Price Index for All Urban Consumers published by the Department of Labor for the month of October immediately preceding the date of adjustment exceeds the Consumer Price Index for All Urban Consumers published by the Department of Labor for the month of October that immediately precedes the date that is 5 years before the date of adjustment.
Nothing in this subclause prevents a State from adjusting a fee in effect before December 4, 2018, to the applicable maximum amount under subclause (II).
This subclause applies only to increases in fees to amounts greater than the applicable maximum amount under subclause (II).
Clause (i) shall not apply with respect to any discharge of graywater (as defined in section 1414 of the Consolidated Appropriations Act, 2001 ( Public Law 106-554; 114 Stat. 2763A-323)) from a passenger vessel (as defined in section 2101 of title 46) in the State of Alaska (including all waters in the Alexander Archipelago) carrying 50 or more passengers.
Nothing in this subsection preempts any State law, public initiative, referendum, regulation, requirement, or other State action, except as expressly provided in this subsection.
Except as expressly provided in this subsection, nothing in this subsection affects the applicability to a vessel of any other provision of Federal law, including-
Effective beginning on December 4, 2018-
Nothing in this subsection, or any standard, regulation, or requirement established under this subsection, modifies or otherwise affects, preempts, or displaces-
Nothing in this subsection affects the authority of the Secretary of Commerce or the Secretary of the Interior to administer any land or waters under the administrative control of the Secretary of Commerce or the Secretary of the Interior, respectively.
Nothing in this subsection limits the authority of a State to inspect a vessel pursuant to paragraph (5)(A)(iii) in order to monitor compliance with an applicable requirement of this section.
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-
Clause (i) shall not apply to a vessel if-
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-
A Governor shall submit a petition under subclause (I), in writing, to-
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.
The preliminary assessment developed by the Great Lakes Commission under item (aa)-
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-
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).
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).
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.
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).
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.
A proposed standard of performance or other requirement under subclause (II)-
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).
Each submission under item (aa) shall include an explanation regarding why the applicable standard of performance or other requirement is-
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.
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.
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.
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-
As soon as practicable after the date of publication of a joint notice under subclause (II)-
In carrying out item (aa), the Administrator and the Secretary-
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-
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-
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.
On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement under subclause (IV)(bb)-
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.
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).
There is authorized to be appropriated to the Great Lakes Commission $5,000,000, to be available until expended.
In this subparagraph, the term "commercial vessel" means a vessel operating between-
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.
Subclause (I) shall not apply to a commercial vessel-
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-
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-
The requirements of clauses (ii) and (iii) shall not apply to a commercial vessel if-
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.
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).
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-
The Administrator shall submit to the Secretary a request for written concurrence with respect to a prohibition under subclause (I).
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-
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.
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.
1 See References in Text note below.
2 So in original. Probably should be "Great Lakes Basin Compact".
33 U.S.C. § 1322
EDITORIAL NOTES
REFERENCES IN TEXTFor definition of Canal Zone, referred to in subsecs. (a)(4) and (m), see section 3602(b) of Title 22, Foreign Relations and Intercourse.Sections 92, 93, and 633 of title 14, referred to in subsec. (p)(1)(J), were redesignated sections 501, 504, and 503, respectively, of title 14 by Pub. L. 115-282, title I, §105(b), Dec. 4, 2018, 132 Stat. 4200, and references to sections 92, 93, and 633 of title 14 deemed to refer to such redesignated sections, see section 123(b)(1) of Pub. L. 115-282 set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115-282 note preceding section 101 of Title 14, Coast Guard.The Act of July 24, 1968, referred to in subsec. (p)(1)(L), (10)(B)(iii)(VIII), is Pub. L. 90-419, July 24, 1968, 82 Stat. 414, which is not classified to the Code. The Safe Drinking Water Act, referred to in subsec. (p)(2)(B)(ii)(III), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, §2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§300f et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.Section 903(a)(2)(A) of the Vessel Incidental Discharge Act of 2018, referred to in subsec. (p)(3)(B), is section 903(a)(2)(A) of title IX of Pub. L. 115-282, 132 Stat. 4354, which repealed section 4711 of Title 16, Conservation, and provisions set out as a note under section 1342 of this title.The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, referred to in subsec. (p)(3)(B), (5)(A)(ii)(IV), (C)(ii)(II)(bb)(AA), (cc), is title I of Pub. L. 101-646, 104 Stat. 4761, which is classified principally to chapter 67 (§4701 et seq.) of Title 16, Conservation. Section 1101 of the Act (as in effect on the day before December 4, 2018), means section 1101 of the Act, which was classified to section 4711 of Title 16, prior to repeal by Pub. L. 115-282, title IX, §903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 16 and Tables. Section 1414 of the Consolidated Appropriations Act, 2001 ( Public Law 106-554; 114 Stat. 2763A-323), referred to in subsec. (p)(9)(A)(v), probably means section 1414 of title XIV of div. B of H.R. 5666 of the 106th Congress, as enacted into law by section 1(a)(4), Dec. 21, 2000 of Pub. L. 106-554, 114 Stat. 2763, 2763A-322, which is set out in a note under section 1901 of this title. The Act to Prevent Pollution from Ships, referred to in subsec. (p)(9)(B)(iii), is Pub. L. 96-478, Oct. 21, 1980, 94 Stat. 2297, which is classified principally to chapter 33 (§1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. The Coast Guard Authorization Act of 2010, referred to in subsec. (p)(9)(B)(iv), is Pub. L. 111-281, 124 Stat. 2905. Title X of the Act is classified principally to chapter 51 (§3801 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
AMENDMENTS2018- Pub. L. 115-282, §903(b)(1), substituted "Marine sanitation devices; discharges incidental to the normal operation of vessels" for "Marine sanitation devices" in section catchline.Subsec. (a). Pub. L. 115-282, §903(b)(1), inserted heading and substituted "In" for "For the purpose of" in introductory provisions.Subsec. (a)(7). Pub. L. 115-282, §903(b)(2)(A), substituted "devices, marine pollution control device equipment, or vessels" for "devices or of vessels". Subsec. (a)(13). Pub. L. 115-282, §903(b)(2)(B), inserted ", except as provided in subsection (p)," after "means" in introductory provisions.Subsec. (g)(1). Pub. L. 115-282, §903(b)(3)(A), (B), inserted "or marine pollution control device equipment" after "marine sanitation device" in two places and "or equipment" after "such device" and "test device". Subsec. (g)(2). Pub. L. 115-282, §903(b)(3)(A), (C), inserted "or marine pollution control device equipment" after "marine sanitation device" and "or equipment" after "the device", "Any device", and "certified test device" wherever appearing. Subsec. (h). Pub. L. 115-282, §903(b)(4)(D), inserted heading. Subsec. (h)(1). Pub. L. 115-282, §903(b)(4)(C), (D), designated existing provisions as par. (1), inserted heading, substituted "Subject to paragraph (2), after" for "After", redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), and realigned margins. Pub. L. 115-282, §903(b)(4)(A), inserted "and marine pollution control device equipment" after "marine sanitation device".Subsec. (h)(2). Pub. L. 115-282, §903(b)(4)(E), added par. (2). Former par. (2) redesignated subpar. (B) of subsec. (h)(1). Pub. L. 115-282, §903(b)(4)(B), inserted "or any certified marine pollution control device equipment or element of design of such equipment" after "such device".Subsec. (h)(3), (4). Pub. L. 115-282, §903(b)(4)(C), redesignated pars. (3) and (4) as subpars. (C) and (D), respectively, of subsec. (h)(1).Subsec. (k). Pub. L. 115-282, §903(c), designated first sentence of existing provisions as par. (2)(A), substituted "This" for "The provisions of this" and "operating, who may use, by agreement" for "operating and he may utilize by agreement" in par. (2)(A) as redesignated, inserted headings for subsec. (k), par. (2), and par. (2)(A), added pars. (1), (2)(B), (2)(C), and (3), and struck out former second sentence which read as follows: "The provisions of this section may also be enforced by a State."Subsec. (p). Pub. L. 115-282, §903(a)(1), added subsec. (p). 2008-Subsec. (o). Pub. L. 110-288 added subsec. (o). 1996-Subsec. (a)(8). Pub. L. 104-106, §325(c)(1)(A), substituted "corporation, association, or agency of the United States," for "corporation, or association,". Subsec. (a)(12) to (14). Pub. L. 104-106, §325(c)(1)(B), (C), added pars. (12) to (14). Subsec. (j). Pub. L. 104-106, §325(c)(2), substituted "subsection (g)(1), clause (1) or (2) of subsection (h), or subsection (n)(8) shall be liable" for "subsection (g)(1) of this section or clause (1) or (2) of subsection (h) of this section shall be liable".Subsec. (n). Pub. L. 104-106, §325(b), added subsec. (n). 1987-Subsec. (f)(1). Pub. L. 100-4, §311(a), designated existing provision as subpar. (A), substituted "Except as provided in subparagraph (B), after" for "After", and added subpar. (B). Subsec. (k). Pub. L. 100-4, §311(b), inserted at end "The provisions of this section may also be enforced by a State." 1977-Subsec. (a)(6). Pub. L. 95-217, §59(a), inserted "except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater" after "receive or retain body wastes". Subsec. (a)(10), (11). Pub. L. 95-217, §59(b), added pars. (10) and (11). Subsec. (b)(1). Pub. L. 95-217, §59(c), inserted references to standards established under subsec. (c)(1)(B) of this section and to standards promulgated under subsec. (c) of this section. Subsec. (c)(1). Pub. L. 95-217, §59(d), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (f)(4). Pub. L. 95-217, §59(e), designated existing provisions as subpar. (A) and added subpar. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in subsec. (e) pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education.
TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d),and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONEFor termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.
PURPOSES OF 2018 AMENDMENT; FINDINGS Pub. L. 115-282, title IX, §902, Dec. 4, 2018, 132 Stat. 4322, provided that:"(a) PURPOSES.-The purposes of this title [see Short Title of 2018 Amendment note set out under section 1251 of this title] are-"(1) to provide for the establishment of uniform, environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel; "(2) to charge the Environmental Protection Agency with primary responsibility for establishing standards relating to the discharge of pollutants from vessels;"(3) to charge the Coast Guard with primary responsibility for prescribing, administering, and enforcing regulations, consistent with the discharge standards established by the Environmental Protection Agency, for the design, construction, installation, and operation of the equipment and management practices required onboard vessels; and"(4) to preserve the flexibility of States, political subdivisions, and certain regions with respect to the administration and enforcement of standards relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation."(b) FINDINGS.-Congress finds that-"(1) the Environmental Protection Agency is the principal Federal authority charged under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) with regulating through the issuance of permits for the discharge of pollutants into the navigable waters of the United States;"(2) the Coast Guard is the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels; and"(3) during the period of 1973 to 2010- "(A) the Environmental Protection Agency promulgated regulations exempting certain discharges incidental to the normal operation of vessels from otherwise applicable permitting requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and"(B) Congress enacted laws on numerous occasions governing the regulation of discharges incidental to the normal operation of vessels, including- "(i) the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 et seq.);"(ii) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq.);"(iii) the National Invasive Species Act of 1996 ( 16 U.S.C. 4701 note; Public Law 104-332) [see Short Title of 1996 Amendment note set out under section 4701 of this title];"(iv) section 415 of the Coast Guard Authorization Act of 1998 ( Public Law 105-383; 112 Stat. 3434) and section 623 of the Coast Guard and Maritime Transportation Act of 2004 ( 33 U.S.C. 1901 note; Public Law 108-293), which established interim and permanent requirements, respectively, for the regulation of vessel discharges of certain bulk cargo residue;"(v) title XIV of division B of Appendix D of the Consolidated Appropriations Act, 2001 ( Public Law 106-554; 114 Stat. 2763A-315) [ 33 U.S.C. 1901 note], which prohibited or limited certain vessel discharges in certain areas of Alaska;"(vi) section 204 of the Maritime Transportation Security Act of 2002 ([former] 33 U.S.C. 1902a ), which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings; and "(vii) title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 et seq.), which provided for the implementation of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001."
PURPOSE OF 1996 AMENDMENT Pub. L. 104-106, div. A, title III, §325(a), Feb. 10, 1996, 110 Stat. 254, provided that: "The purposes of this section [amending this section and section 1362 of this title and enacting provisions set out as a note below] are to-"(1) enhance the operational flexibility of vessels of the Armed Forces domestically and internationally;"(2) stimulate the development of innovative vessel pollution control technology; and"(3) advance the development by the United States Navy of environmentally sound ships."
COOPERATION IN NATIONAL DISCHARGE STANDARDS DEVELOPMENT Pub. L. 104-106, div. A, title III, §325(d), Feb. 10, 1996, 110 Stat. 259, provided that: "The Administrator of the Environmental Protection Agency and the Secretary of Defense may, by mutual agreement, with or without reimbursement, provide for the use of information, reports, personnel, or other resources of the Environmental Protection Agency or the Department of Defense to carry out section 312(n) of the Federal Water Pollution Control Act [ 33 U.S.C. 1322(n) ] (as added by subsection (b)), including the use of the resources- "(1) to determine-"(A) the nature and environmental effect of discharges incidental to the normal operation of a vessel of the Armed Forces;"(B) the practicability of using marine pollution control devices on vessels of the Armed Forces; and "(C) the effect that installation or use of marine pollution control devices on vessels of the Armed Forces would have on the operation or operational capability of the vessels; and"(2) to establish performance standards for marine pollution control devices on vessels of the Armed Forces."
CLEAN VESSELS Pub. L. 102-587, 106 Stat. 5086, as amended by Pub. L. 109-59, title X, §101310131,, 119 Stat. 1931, provided that:
"SEC. 5601. SHORT TITLE."This subtitle may be cited as the 'Clean Vessel Act of 1992'.
"SEC. 5602. FINDINGS; PURPOSE."(a) FINDINGS.-The Congress finds the following:"(1) The discharge of untreated sewage by vessels is prohibited under Federal law in all areas within the navigable waters of the United States."(2) The discharge of treated sewage by vessels is prohibited under either Federal or State law in many of the United States bodies of water where recreational boaters operate. "(3) There is currently an inadequate number of pumpout stations for type III marine sanitation devices where recreational vessels normally operate."(4) Sewage discharged by recreational vessels because of an inadequate number of pumpout stations is a substantial contributor to localized degradation of water quality in the United States."(b) PURPOSE.-The purpose of this subtitle is to provide funds to States for the construction, renovation, operation, and maintenance of pumpout stations and waste reception facilities.
"SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION DEVICE PUMPOUT STATION NEEDS."(a) SURVEY.-Within 3 months after the notification under section 5605(b), each coastal State shall conduct a survey to determine-"(1) the number and location of all operational pumpout stations and waste reception facilities at public and private marinas, mooring areas, docks, and other boating access facilities within the coastal zone of the State; and "(2) the number of recreational vessels in the coastal waters of the State with type III marine sanitation devices or portable toilets, and the areas of those coastal waters where those vessels congregate. "(b) PLAN.-Within 6 months after the notification under section 5605(b), and based on the survey conducted under subsection (a), each coastal State shall-"(1) develop and submit to the Secretary of the Interior a plan for any construction or renovation of pumpout stations and waste reception facilities that are necessary to ensure that, based on the guidance issued under section 5605(a), there are pumpout stations and waste reception facilities in the State that are adequate and reasonably available to meet the needs of recreational vessels using the coastal waters of the State; and"(2) submit to the Secretary of the Interior with that plan a list of all stations and facilities in the coastal zone of the State which are operational on the date of submittal."(c) PLAN APPROVAL.-"(1) IN GENERAL.-Not later than 60 days after a plan is submitted by a State under subsection (b), the Secretary of the Interior shall approve or disapprove the plan, based on-"(A) the adequacy of the survey conducted by the State under subsection (a); and"(B) the ability of the plan, based on the guidance issued under section 5605(a), to meet the construction and renovation needs of the recreational vessels identified in the survey."(2) NOTIFICATION OF STATE; MODIFICATION.-The Secretary of the Interior shall promptly notify the affected Governor of the approval or disapproval of a plan. If a plan is disapproved, the Secretary of the Interior shall recommend necessary modifications and return the plan to the affected Governor. "(3) RESUBMITTAL.-Not later than 60 days after receiving a plan returned by the Secretary of the Interior, the Governor shall make the appropriate changes and resubmit the plan. "(d) INDICATION OF STATIONS AND FACILITIES ON NOAA CHARTS.- "(1) IN GENERAL.-The Under Secretary of Commerce for Oceans and Atmosphere shall indicate, on charts published by the National Oceanic and Atmospheric Administration for the use of operators of recreational vessels, the locations of pumpout stations and waste reception facilities. "(2) NOTIFICATION OF NOAA.- "(A) LISTS OF STATIONS AND FACILITIES.-The Secretary of the Interior shall transmit to the Under Secretary of Commerce for Oceans and Atmosphere each list of operational stations and facilities submitted by a State under subsection (b)(2), by not later than 30 days after the date of receipt of that list. "(B) COMPLETION OF PROJECT.-The Director of the United States Fish and Wildlife Service shall notify the Under Secretary of the location of each station or facility at which a construction or renovation project is completed by a State with amounts made available under the Act of August 9, 1950 ( 16 U.S.C. 777a et seq. [ 16 U.S.C. 777 et seq.]), as amended by this subtitle, by not later than 30 days after the date of notification by a State of the completion of the project.
"SEC. 5604. FUNDING."(a) TRANSFER.-[Amended section 777c of Title 16, Conservation.]"(b) ACCESS INCREASE.-[Amended section 777g of Title 16, Conservation.] "(c) GRANT PROGRAM.- "(1) MATCHING GRANTS.-The Secretary of the Interior may obligate an amount not to exceed the amount made available under section 4(b)(2) of the Act of August 9, 1950 ( 16 U.S.C. 777c(b)(2) [now 16 U.S.C. 777c(b)(3) ], as amended by this Act), to make grants to-"(A) coastal States to pay not more than 75 percent of the cost to a coastal State of- "(i) conducting a survey under section 5603(a); "(ii) developing and submitting a plan and accompanying list under section 5603(b);"(iii) constructing and renovating pumpout stations and waste reception facilities; and"(iv) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities."(B) inland States, which can demonstrate to the Secretary of the Interior that there are an inadequate number of pumpout stations and waste reception facilities to meet the needs of recreational vessels in the waters of that State, to pay 75 percent of the cost to that State of-"(i) constructing and renovating pumpout stations and waste reception facilities in the inland State; and "(ii) conducting a program to educate recreational boaters about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities. "(2) PRIORITY.-In awarding grants under this subsection, the Secretary of the Interior shall give priority consideration to grant applications that-"(A) provide for public/private partnership efforts to develop and operate pumpout stations and waste reception facilities; and"(B) propose innovative ways to increase the availability and use of pumpout stations and waste reception facilities. "(d) DISCLAIMER.-Nothing in this subtitle shall be interpreted to preclude a State from carrying out the provisions of this subtitle with funds other than those described in this section.
"SEC. 5605. GUIDANCE AND NOTIFICATION."(a) ISSUANCE OF GUIDANCE.-Not later than 3 months after the date of the enactment of this subtitle [Nov. 4, 1992], the Secretary of the Interior shall, after consulting with the Administrator of the Environmental Protection Agency, the Under Secretary of Commerce for Oceans and Atmosphere, and the Commandant of the Coast Guard, issue for public comment pumpout station and waste reception facility guidance. The Secretary of the Interior shall finalize the guidance not later than 6 months after the date of enactment of this subtitle. The guidance shall include-"(1) guidance regarding the types of pumpout stations and waste reception facilities that may be appropriate for construction, renovation, operation, or maintenance with amounts available under the Act of August 9, 1950 ( 16 U.S.C. 777a et seq. [ 16 U.S.C. 777 et seq.]), as amended by this subtitle, and appropriate location of the stations and facilities within a marina or boatyard; "(2) guidance defining what constitutes adequate and reasonably available pumpout stations and waste reception facilities in boating areas;"(3) guidance on appropriate methods for disposal of vessel sewage from pumpout stations and waste reception facilities; "(4) guidance on appropriate connector fittings to facilitate the sanitary and expeditious discharge of sewage from vessels; "(5) guidance on the waters most likely to be affected by the discharge of sewage from vessels; and"(6) other information that is considered necessary to promote the establishment of pumpout facilities to reduce sewage discharges from vessels and to protect United States waters."(b) NOTIFICATION.-Not later than one month after the guidance issued under subsection (a) is finalized, the Secretary of the Interior shall provide notification in writing to the fish and wildlife, water pollution control, and coastal zone management authorities of each State, of-"(1) the availability of amounts under the Act of August 9, 1950 ( 16 U.S.C. 777a et seq. [ 16 U.S.C. 777 et seq.]) to implement the Clean Vessel Act of 1992; and"(2) the guidance developed under subsection (a).
"SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY. "This subtitle shall not be construed or applied to jeopardize any funds available to a coastal State under the Act of August 9, 1950 ( 16 U.S.C. 777a et seq. [ 16 U.S.C. 777 et seq.]), if the coastal State is, in good faith, pursuing a survey and plan designed to meet the purposes of this subtitle.
"SEC. 5607. APPLICABILITY."The requirements of section 5603 shall not apply to a coastal State if within six months after the date of enactment of this subtitle [Nov. 4, 1992] the Secretary of the Interior certifies that-"(1) the State has developed and is implementing a plan that will ensure that there will be pumpout stations and waste reception facilities adequate to meet the needs of recreational vessels in the coastal waters of the State; or "(2) existing pumpout stations and waste reception facilities in the coastal waters of the State are adequate to meet those needs.
"SEC. 5608. DEFINITIONS."For the purposes of this subtitle the term:"(1) 'coastal State'- "(A) means a State of the United States in, or bordering on the Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long Island Sound; or one or more of the Great Lakes;"(B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and"(C) does not include a State for which the ratio of the number of recreational vessels in the State numbered under chapter 123 of title 46, United States Code, to number of miles of shoreline (as that term is defined in section 926.2(d) of title 15, Code of Federal Regulations, as in effect on January 1, 1991), is less than one. "(2) 'coastal waters' means-"(A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes; and "(B) in other areas, those waters, adjacent to the shorelines, which contain a measurable percentage of sea water, including sounds, bay, lagoons, bayous, ponds, and estuaries."(3) 'coastal zone' has the same meaning that term has in section 304(1) of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1453(1) );"(4) 'inland State' means a State which is not a coastal state;"(5) 'type III marine sanitation device' means any equipment for installation on board a vessel which is specifically designed to receive, retain, and discharge human body wastes;"(6) 'pumpout station' means a facility that pumps or receives human body wastes out of type III marine sanitation devices installed on board vessels;"(7) 'recreational vessel' means a vessel-"(A) manufactured for operation, or operated, primarily for pleasure; or"(B) leased, rented, or chartered to another for the latter's pleasure; and"(8) 'waste reception facility' means a facility specifically designed to receive wastes from portable toilets carried on vessels, and does not include lavatories."
EXECUTIVE DOCUMENTS
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDSFor termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
CONTIGUOUS ZONE OF UNITED STATESFor extension of contiguous zone of United States, see Proc. No. 7219, set out as a note under section 1331 of Title 43, Public Lands.
- State
- The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
- contiguous zone
- The term "contiguous zone" means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone.
- discharge of pollutants
- The term "discharge of a pollutant" and the term "discharge of pollutants" each means (A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.
- interstate agency
- The term "interstate agency" means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator.
- navigable waters
- The term "navigable waters" means the waters of the United States, including the territorial seas.
- ocean
- The term "ocean" means any portion of the high seas beyond the contiguous zone.
- person
- The term "person" means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.
- pollutant
- The term "pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean (A) "sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces" within the meaning of section 1322 of this title; or (B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources.
- pollution
- The term "pollution" means the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water.