Authorizes the Secretary of Commerce to award Invasive Species and Ballast Water Technologies Research Grants to U.S. post-secondary educational institutions to study the impact of invasive species on the environment of the Great Lakes region, and to develop technologies and treatment methods, including ballast water tank technology, designed to destroy or remove such species.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1034
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to require the Secretary of Transportation to promulgate and
review regulations to ensure, to the maximum extent practicable, that
vessels entering the Great Lakes do not spread nonindigenous aquatic
species, to require treatment of ballast water and its sediments
through the most effective and efficient techniques available, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2001
Ms. Stabenow (for herself, Mr. Fitzgerald, Mr. Levin, Mr. Kohl, Mr.
Feingold, Mr. Durbin, Mr. Dayton, Mr. Wellstone, Mr. DeWine, Mr.
Voinovich, Mr. Schumer, Mr. Bayh and Mrs. Clinton) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science and Transportation
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to require the Secretary of Transportation to promulgate and
review regulations to ensure, to the maximum extent practicable, that
vessels entering the Great Lakes do not spread nonindigenous aquatic
species, to require treatment of 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''.
SEC. 2. BALLAST WATER TREATMENT REGULATIONS.
(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--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by striking ``(3) Additional regulations.--In
addition'' and inserting the following:
``(3) Regulations concerning aquatic nuisance species.--
``(A) In general.--The Secretary of Transportation
shall, in consultation with the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Defense, the Administrator of the Environmental
Protection Agency, the Governors of States that border
the Great Lakes, and in accordance with this paragraph,
promulgate and review regulations to prevent, to the
maximum extent practicable, the introduction and spread
of aquatic nuisance species in the Great Lakes.
``(B) Contents of regulations.--The regulations
promulgated under subparagraph (A)--
``(i) shall apply to all vessels capable of
discharging ballast water (including vessels
equipped with ballast water tank systems or
other water tank systems) that enter the Great
Lakes after operating on water outside of the
Exclusive Economic Zone;
``(ii) shall ensure, to the maximum extent
practicable, that ballast water containing
aquatic nuisance species is not discharged into
the Great Lakes (including by establishing the
standard described in clause (iii));
``(iii) shall include a ballast water
treatment standard for vessels that elect to
carry out ballast water management or treatment
that, at a minimum, requires--
``(I) a demonstrated 95 percent
volumetric exchange of ballast water;
or
``(II) a ballast treatment that
destroys not less than 95 percent of
all animal fauna in a standard ballast
water intake, as approved by the
Secretary;
``(iv) shall protect the safety of each
vessel (including crew and passengers);
``(v) shall include requirements on new
vessel construction to ensure that vessels
entering service after January 1, 2005,
minimize the transfer of organisms;
``(vi) shall require vessels to carry out
any discharge or exchange of ballast water
within the Great Lakes only in compliance with
the regulations;
``(vii) shall be promulgated after taking
into consideration a range of vessel operating
conditions, from normal to extreme;
``(viii) shall--
``(I) ensure that technologies and
practices implemented under this
section are environmentally sound
treatment methods for ballast water and
ballast sediments that prevent and
control infestations of aquatic
nuisance species; and
``(II) include a detailed timetable
for--
``(aa) the implementation
of treatment methods determined
to be technologically available
and cost-effective at the time
of the publication of the
notice of proposed rulemaking;
and
``(bb) the development,
testing, evaluation, approval,
and implementation of
additional technologically
innovative treatment methods;
``(ix) shall provide for certification by
the master of each vessel entering the Great
Lakes that the vessel is in compliance with the
regulations;
``(x) shall ensure compliance with the
regulations, to the maximum extent practicable,
through--
``(I) sampling or monitoring
procedures;
``(II) the inspection of records;
``(III) the imposition of sanctions
in accordance with subsection (g)(1);
and
``(IV) the certification of ballast
water treatment vendors and vessel
vendors;
``(xi) shall be based on the best
scientific information available;
``(xii) shall not supersede or adversely
affect any requirement or prohibition
pertaining to the discharge of ballast water
into water of the United States under the
Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
``(xiii) shall include such other
requirements as the Secretary of Transportation
considers appropriate.
``(C) Regulatory schedule.--
``(i) Notice of proposed rulemaking.--
``(I) In general.--Not later than
120 days after the date of enactment of
the Great Lakes Ecology Protection Act,
the Secretary of Transportation shall
publish, in the Federal Register and
through other means designed to reach
persons likely to be subject to or
affected by the regulations (including
publication in local newspapers and by
electronic means), a notice of proposed
rulemaking concerning the regulations
proposed to be promulgated under this
paragraph.
``(II) Final regulations.--The
Secretary of Transportation shall
promulgate final regulations under this
paragraph--
``(aa) with respect to the
implementation of treatment
methods described in
subparagraph (B)(vii)(II)(aa),
not later than 270 days after
the date of enactment of the
Great Lakes Ecology Protection
Act; and
``(bb) with respect to the
additional technologically
innovative treatment methods
described in subparagraph
(B)(vii)(II)(bb), not later
than the earlier of--
``(AA) the date
established by the
timetable under
subparagraph
(B)(vii)(II) for
implementation of those
methods; or
``(BB) 720 days
after the date of
enactment of the Great
Lakes Ecology
Protection Act.
``(III) Review and revision of
regulations.--Not later than 3 years
after the date on which final
regulations are promulgated under this
subparagraph, and every 3 years
thereafter, the Secretary shall review
and revise as necessary, the
regulations--
``(aa) to improve the
effectiveness of the
regulations; and
``(bb) to incorporate
better management practices and
ballast water treatment
standards and methods.
``(IV) Public participation.--The
Secretary of Transportation shall--
``(aa) provide not less
than 120 days for public
comment on the proposed
regulations; and
``(bb) provide for an
effective date that is not less
than 30 days after the date of
publication of the final
regulations.
``(4) Additional regulations.--In addition''.
(b) Definition of Treatment Method.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4702) is amended--
(1) by redesignating paragraphs (13), (14), (15), (16), and
(17) as paragraphs (14), (15), (16), (17), and (18),
respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `treatment method' means a method for treatment of
the contents of a ballast water tank (including the sediments
within the tank) to remove or destroy nonindigenous organisms
through--
``(A) filtration;
``(B) the application of biocides or ultraviolet
light;
``(C) thermal methods; or
``(D) other treatment techniques that meet
applicable ballast water treatment standards, as
approved by the Secretary;''.
SEC. 3. INVASIVE SPECIES AND BALLAST WATER TECHNOLOGIES RESEARCH
GRANTS.
(a) Grants Authorized.--The Secretary of Commerce, through the
National Oceanic and Atmospheric Administration, and in consultation
with the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Transportation, and the Administrator of the Environmental
Protection Agency, is authorized to award Invasive Species and Ballast
Water Technologies Research Grants.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
to--
(1) study the impact of invasive species on the environment
of the Great Lakes region; and
(2) develop technologies and treatment methods, including
ballast water tank technology, designed to destroy or remove
invasive species.
(c) Eligible Recipients.--
(1) In general.--The Secretary may award grants under
subsection (a) to any post-secondary educational institution in
the United States.
(2) Special consideration for institutions collaborating
with industry.--In awarding grants under subsection (a), the
Secretary shall give special consideration to post-secondary
educational institutions that work collaboratively with members
of the United States shipping industry to carry out an activity
for which grant funds may be used under subsection (b).
(d) Availability and Marketing of Technology.--In awarding grants
under subsection (a), the Secretary shall ensure that to the greatest
extent practicable, technologies and treatments developed as the result
of a grant awarded under subsection (a) are made commercially
available.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $100,000,000
for the period of fiscal year 2002 through fiscal year 2006.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6227-6228)
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S6229-6230)
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