To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the maximum extent practicable, that vessels entering the Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat such ballast water and its sediments through the most effective and efficient techniques available, and for other purposes.

February 27, 2003

Mr. HOEKSTRA introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To require the issuance of regulations pursuant to the National Invasive Species Act of 1996 to assure, to the maximum extent practicable, that vessels entering the Great Lakes do not discharge ballast water that introduces or spreads nonindigenous aquatic species and treat such ballast water and its sediments through the most effective and efficient techniques available, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Great Lakes Ecology Protection Act of 2003'.

SEC. 2. BALLAST WATER TREATMENT REGULATIONS REQUIRED.

(a) IN GENERAL- Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is amended by striking paragraphs (1) and (2) and inserting the following:

`(1) IN GENERAL- The Secretary of Transportation shall issue regulations to prevent the introduction and spread of aquatic nuisance species within the Great Lakes.

`(2) CONTENTS OF THE REGULATIONS- The regulations required by paragraph (1) shall--

`(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes;

`(B) protect the safety of each vessel, its crew, and passengers, if any;

`(C) apply to all vessels capable of discharging ballast water, whether equipped with ballast water tank systems or otherwise, that enter the Great Lakes after operating on waters beyond the exclusive economic zone;

`(D) require such vessels to--

`(i) carry out any discharge or exchange of ballast water before entering the Great Lakes; or

`(ii) carry out any discharge or exchange of ballast water within the Great Lakes only in compliance with the regulations;

`(E) take into consideration different vessel operating conditions;

`(F) require the use of environmentally sound treatment methods for ballast water and ballast sediments in preventing and controlling infestations of aquatic nuisance species;

`(G) provide for certification by the master of each vessel entering the Great Lakes that such vessel is in compliance with the regulations;

`(H) assure compliance through--

`(i) sampling procedures;

`(ii) inspection of records; and

`(iii) imposition of sanctions in accordance with subsection (g)(1);

`(I) be based on the best scientific information available;

`(J) not supersede or adversely affect any requirement or prohibition pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and

`(K) include such other matters as the Secretary considers appropriate.'.

(b) TREATMENT METHODS DEFINED- Section 1003 of such Act (16 U.S.C. 4702) is amended by--

(1) redesignating paragraphs (13), (14), (15), (16), and (17) in order as paragraphs (14), (15), (16), (17), and (18); and

(2) inserting after paragraph (12) the following:

`(13) `treatment methods' means the treatment of the contents of ballast water tanks, including the sediments within such tanks, to remove or destroy living biological organisms through--

`(A) filtration;

`(B) the application of biocides or ultraviolet light;

`(C) thermal methods; or

`(D) other treatment techniques approved by the Secretary;'.

(c) MAXIMIZING PUBLIC PARTICIPATION IN THE FORMULATION OF REQUIRED REGULATIONS- The Secretary of Transportation shall maximize public participation in the issuance of regulations required by the amendment made by subsection (a), by--

(1) publishing an advance notice of proposed rulemaking;

(2) publishing the advance notice of proposed rulemaking and the proposed rule through means designed to reach persons likely to be subject to or affected by the regulations;

(3) making the text of the advance notice of proposed rulemaking and of the proposed rule available through electronic means;

(4) providing not less than 120 days for public comment on the proposed rule;

(5) providing for an effective date that is not less than 30 days after the date of publication of the final rule; and

(6) such other means as the Secretary considers appropriate.

(d) REQUIRED REGULATORY SCHEDULE-

(1) ISSUANCE OF ADVANCE NOTICE OF PROPOSED RULEMAKING-

(A) IN GENERAL- The Secretary shall issue an advance notice of proposed rulemaking for the regulations required by the amendment

made by subsection (a) within 120 days after the date of enactment of this Act.

(B) TIMETABLE FOR IMPLEMENTATION- The advanced notice of proposed rulemaking shall contain a detailed timetable for--

(i) the implementation of treatment methods determined to be technologically available and cost-effective at the time of the publication of the advanced notice of proposed rulemaking; and

(ii) the development, testing, evaluation, approval, and implementation of additional technologically innovative treatment methods.

(2) ISSUANCE OF FINAL REGULATIONS- The Secretary shall issue final regulations--

(A) with respect to the implementation of treatment methods referred to in paragraph (1)(B)(i), by not later than 270 days after the date of enactment of this Act; and

(B) with respect to the additional technologically innovative treatment methods referred to in paragraph (1)(B)(ii), by not later than the earlier of--

(i) the date established by the timetable under paragraph (1)(B) for implementation of such methods; or

(ii) 720 days after the date of enactment of this Act.

END