ballast water exchange
(1) Definitions In this subsection: (A) Aquatic nuisance species The term “aquatic nuisance species” means a nonindigenous species that threatens— (i) the diversity or abundance of a native species; (ii) the ecological stability of— (I) waters of the United States; or (II) waters of the contiguous zone; or (iii) a commercial, agricultural, aquacultural, or recreational activity that is dependent on— (I) waters of the United States; or (II) waters of the contiguous zone. (B) Ballast water (i) In general The term “ballast water” means any water, suspended matter, and other materials taken onboard a vessel— (I) to control or maintain trim, draught, stability, or stresses of the vessel, regardless of the means by which any such water or suspended matter is carried; or (II) during the cleaning, maintenance, or other operation of a ballast tank or ballast water management system of the vessel. (ii) Exclusion 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. (C) Ballast water discharge standard The term “ballast water discharge standard” means— (i) the numerical ballast water discharge standard established by section 151.1511 or 151.2030 of title 33, Code of Federal Regulations (or successor regulations); or (ii) if a standard referred to in clause (i) is superseded by a numerical standard of performance under this subsection, that superseding standard. (D) Ballast water exchange The term “ballast water exchange” means the replacement of water in a ballast water tank using 1 of the following methods: (i) Flow-through exchange, in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable, and continuously overflowing the tank from the top, until 3 full volumes of water have been changed to minimize the number of original organisms remaining in the tank. (ii) Empty and refill exchange, in which ballast water taken on in ports, estuarine waters, or territorial waters is pumped out until the pump loses suction, after which the ballast tank is refilled with midocean water. (E) Ballast water management system 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— (i) to kill, render nonviable, or remove organisms; or (ii) to avoid the uptake or discharge of organisms. (F) Best available technology economically achievable The term “best available technology economically achievable” means— (i) best available technology economically achievable (within the meaning of section 1311(b)(2)(A) of this title ); (ii) best available technology (within the meaning of section 1314(b)(2)(B) of this title ); and (iii) best available technology, as determined in accordance with section 125.3 (d)(3) of title 40, Code of Federal Regulations (or successor regulations). (G) Best conventional pollutant control technology The term “best conventional pollutant control technology” means— (i) best conventional pollutant control technology (within the meaning of section 1311(b)(2)(E) of this title ); (ii) best conventional pollutant control technology (within the meaning of section 1314(b)(4) of this title ); and (iii) best conventional pollutant control technology, as determined in accordance with section 125.3 (d)(2) of title 40, Code of Federal Regulations (or successor regulations). (H) Best management practice (i) In general 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— (I) the waters of the United States; or (II) the waters of the contiguous zone. (ii) Inclusions The term “best management practice” includes any treatment requirement, operating procedure, or practice to control— (I) vessel runoff; (II) spillage or leaks; (III) sludge or waste disposal; or (IV) drainage from raw material storage. (I) Best practicable control technology currently available The term “best practicable control technology currently available” means— (i) best practicable control technology currently available (within the meaning of section 1311(b)(1)(A) of this title ); (ii) best practicable control technology currently available (within the meaning of section 1314(b)(1) of this title ); and (iii) best practicable control technology currently available, as determined in accordance with section 125.3 (d)(1) of title 40, Code of Federal Regulations (or successor regulations). (J) Captain of the Port Zone 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 of title 14. (K) Empty ballast tank The term “empty ballast tank” means a tank that— (i) has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank (such as loss of suction); (ii) is recorded as empty on a vessel log; and (iii) contains unpumpable residual ballast water and sediment. (L) Great Lakes Commission The term “Great Lakes Commission” means the Great Lakes Commission established by article IV A of the Great Lakes Compact to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414 ). (M) Great Lakes State The term “Great Lakes State” means any of the States of— (i) Illinois; (ii) Indiana; (iii) Michigan; (iv) Minnesota; (v) New York; (vi) Ohio; (vii) Pennsylvania; and (viii) Wisconsin. (N) Great Lakes System The term “Great Lakes System” has the meaning given the term in section 1268(a)(3) of this title . (O) Internal waters 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). (P) Marine pollution control device 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— (i) designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and (ii) determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a management practice) to reduce the environmental impacts of the discharge, consistent with the factors for consideration described in paragraphs (4) and (5). (Q) Nonindigenous species The term “nonindigenous species” means an organism of a species that enters an ecosystem beyond the historic range of the species. (R) Organism The term “organism” includes— (i) an animal, including fish and fish eggs and larvae; (ii) a plant; (iii) a pathogen; (iv) a microbe; (v) a virus; (vi) a prokaryote (including any archean or bacterium); (vii) a fungus; and (viii) a protist. (S) Pacific Region (i) In general The term “Pacific Region” means any Federal or State water— (I) adjacent to the State of Alaska, California, Hawaii, Oregon, or Washington; and (II) extending from shore. (ii) Inclusion 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). (T) Port or place of destination The term “port or place of destination” means a port or place to which a vessel is bound to anchor or moor. (U) Render nonviable 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. (V) Saltwater flush (i) In general The term “saltwater flush” means— (I) (aa) the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew; and (bb) the mixing of the flushwater with residual ballast water and sediment through the motion of the vessel; and (II) the discharge of that mixed water, such that the resultant residual water remaining in the tank— (aa) has the highest salinity possible; and (bb) is at least 30 parts per thousand. (ii) Multiple sequences 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. (W) Secretary The term “Secretary” means the Secretary of the department in which the Coast Guard is operating. (X) Small Vessel General Permit 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 )). (Y) Small vessel or fishing vessel The term “small vessel or fishing vessel” means a vessel that is— (i) less than 79 feet in length; or (ii) a fishing vessel, fish processing vessel, or fish tender vessel (as those terms are defined in section 2101 of title 46 ), regardless of the length of the vessel. (Z) Vessel General Permit 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 )).