Page:United States Statutes at Large Volume 110 Part 1.djvu/281

 PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 257 discharge incidental to the normal operation of a vessel of the Armed Forces; or "(ii) regulations promulgated by the Secretary of Defense under paragraph (4); 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. "(B) FEDERAL. LAWS.— T his subsection shall not affect the application of section 311 to discharges incidental to the normal operation of a vessel. " (7) ESTABLISHMENT OF STATE NO-DISCHARGE ZONES.— "(A) STATE PROHIBITION.— "(i) IN GENERAL. — After the effective date of^ "(I) a determination under paragraph (2) that it is not reasonable and practicable to require use of a marine pollution control device regarding a particular discharge incidental to the normal operation of a vessel of the Armed Forces; or "(II) regulations promulgated by the Secretary of Defense under paragraph (4); 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). " (ii) DOCUMENTATION.— 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. "(B) PROHIBITION BY THE ADMINISTRATOR. — "(i) IN GENERAL.— Upon application of a State, the Regulations. 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— "(I) the protection and enhancement of the quality of the specified waters within the State require a prohibition of the discharge into the waters; "(II) adequate facilities for the safe and sanitary removal of the discharge incidental to the normal operation of a vessel are reasonably available for the waters to which the prohibition would apply; and "(III) the prohibition will not have the effect of discriminating against a vessel of the Armed Forces by reason of the ownership or operation

�