Page:United States Statutes at Large Volume 110 Part 1.djvu/282

 110 STAT. 258 PUBLIC LAW 104-106—FEB. 10, 1996 by the Federal Government, or the military function, of the vessel. "(ii) APPROVAL OR DISAPPROVAL.—The Administrator shall approve or disapprove an application submitted under clause (i) not later than 90 days after the date on which the application is submitted to the Administrator. Notwithstanding clause (i)(II), the Administrator shall not disapprove an application for the sole reason that there are not adequate facilities to remove any discharge incidental to the normal operation of a vessel from vessels of the Armed Forces. "(C) APPLICABILITY TO FOREIGN FLAGGED VESSELS.— A prohibition under this paragraph— "(i) shall not impose any design, construction, manning, or equipment standard on a foreign flagged vessel engaged in innocent passage unless the prohibition implements a generally accepted international rule or standard; and "(ii) that relates to the prevention, reduction, and control of pollution shall not apply to a foreign flagged vessel engaged in transit passage unless the prohibition implements an applicable international regulation regarding the discharge of oil, oily waste, or any other noxious substance into the waters. " (8) PROHIBITION RELATING TO VESSELS OF THE ARMED FORCES. —After the effective date of the regulations promulgated by the Secretary of Defense under paragraph (4), it shall be unlawful for any vessel of the Armed Forces subject to the regulations to— "(A) operate in the navigable waters of the United States or the waters of the contiguous zone, if the vessel is not equipped with any required marine pollution control device meeting standards established under this subsection; or "(B) discharge overboard any discharge incidental to the normal operation of a vessel in waters with respect to which a prohibition on the discharge has been established under paragraph (7). "(9) ENFORCEMENT. — This subsection shall be enforceable, as provided in subsections (j) and (k), against any agency of the United States responsible for vessels of the Armed Forces notwithstanding any immunity asserted by the agency.", (c) CONFORMING AMENDMENTS.— (1) DEFINITIONS. —Section 312(a) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)) is amended— (A) in paragraph (8)— (i) by striking "or"; and (ii) by inserting "or agency of the United States," after "association,"; (B) in paragraph (11), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: "(12) 'discharge incidental to the normal operation of a vessel'— "(A) means a discharge, including— "(i) graywater, bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent.

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