S-373 : Still Just a Bill

Vessel Incidental Discharge Act

This bill requires the Coast Guard to establish and implement enforceable uniform national standards for the regulation of discharges incidental to the normal operation of a vessel into navigable waters. The Coast Guard's existing rule for ballast water discharges incidental to the normal operation of a vessel are adopted until those performance standards are revised or a more stringent state standard is adopted. Ballast water is water taken aboard a vessel to control stability or during the operation of a vessel's ballast water treatment technology.

Within two years, the Coast Guard must establish best management practices for discharges incidental to the normal operation of a vessel other than ballast water.

By January 1, 2020, the Coast Guard must complete a feasibility review to determine whether revising ballast water performance standards will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species. The Coast Guard must establish a revised standard based on the ballast water treatment technology available. Further revisions to the performance standards are to be considered every 10 years.

This bill establishes a certification requirement for ballast water treatment technology. The Coast Guard may not approve a technology if it uses a biocide or generates a biocide that is a pesticide.

This bill establishes a petition process for a state seeking to enforce a state or local statute or regulation related to ballast water discharges incidental to the normal operation of a vessel that is more stringent than federal performance standards.