SHIPBOARD PLASTIC AND SOLID WASTE CONTROL.

SEC. 1003. SHIPBOARD PLASTIC AND SOLID WASTE CONTROL. (a) Compliance by Navy Ships with Certain Pollution Control Conventions.—Subsection (b)(2)(A) of section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902) is amended by striking out “after 5 years” and all that follows and inserting in lieu thereof “as follows: “(i) After December 31, 1993, to all ships referred to in paragraph (1)(A) of this subsection other than those owned or operated by the Department of the Navy. “(ii) Except as provided in subsection (c) of this section, after December 31, 1998, to all ships referred to in paragraph (1)(A) of this subsection other than submersibles owned or operated by the Department of the Navy. “(iii) Except as provided in subsection (c) of this section, after December 31, 2008, to all ships referred to in paragraph (1)(A) of this subsection.”. 107 STAT. 1746 (b) Special Area Discharges.—Section 3 of such Act is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (g), respectively; and (2) by inserting after subsection (b) the following new subsection (c): “(c) Discharges in Special Areas.—(1) Not later than December 31, 2000, all surface ships owned or operated by the Department of the Navy, and not later than December 31, 2008, all submersibles owned or operated by the Department of the Navy, shall comply with the special area requirements of Regulation 5 of Annex V to the Convention. “(2) Not later than 3 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 1994, the Secretary of the Navy shall, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency, submit to the Congress a plan for the compliance by all ships owned or operated by the Department of the Navy with the requirements set forth in paragraph (1) of this subsection. Such plan shall be submitted after opportunity for public participation in its preparation, and for public review and comment. “(3) If the Navy plan for compliance demonstrates that compliance with the requirements set forth in paragraph (1) of this subsection is not technologically feasible in the case of certain ships under certain circumstances, the plan shall include information describing— “(A) the ships for which full compliance with the requirements of paragraph (1) of this subsection is not technologically feasible; “(B) the technical and operational impediments to achieving such compliance; “(C) a proposed alternative schedule for achieving such compliance as rapidly as is technologically feasible; and “(D) such other information as the Secretary of the Navy considers relevant and appropriate. “(4) Upon receipt of the compliance plan under paragraph (2) of this subsection, the Congress may modify the applicability of paragraph (1) of this subsection, as appropriate.”. (c) Compliance Measures.—Section 3 of such Act is amended by inserting after subsection (d), as redesignated by subsection (b)(1), the following new subsection: “(e) Compliance by Excluded Vessels.—(1) The Secretary of the Navy shall develop and, as appropriate, support the development of technologies and practices for solid waste management aboard ships owned or operated by the Department of the Navy, including technologies and practices for the reduction of the waste stream generated aboard such ships, that are necessary to ensure the compliance of such ships with Annex V to the Convention on or before the dates referred to in subsections (b)(2)(A) and (c)(1) of this section. “(2) Notwithstanding any effective date of the application of this section to a ship, the provisions of Annex V to the Convention with respect to the disposal of plastic shall apply to ships equipped with plastic processors required for the long-term collection and storage of plastic aboard ships of the Navy upon the installation of such processors in such ships. 107 STAT. 1747 “(3) Except when necessary for the purpose of securing the safety of the ship, the health of the ship’s personnel, or saving life at sea, it shall be a violation of this Act for a ship referred to in subsection (b)(1)(A) of this section that is owned or operated by the Department of the Navy: “(A) With regard to a submersible, to discharge buoyant garbage or garbage that contains more than the minimum amount practicable of plastic. “(B) With regard to a surface ship, to discharge plastic contaminated by food during the last 3 days before the ship enters port. “(C) With regard to a surface ship, to discharge plastic, except plastic that is contaminated by food, during the last 20 days before the ship enters port. “(4) The Secretary of Defense shall publish in the Federal Register: “(A) Beginning on October 1, 1994, and each year thereafter until October 1, 2000, the amount and nature of the discharges in special areas, not otherwise authorized under Annex V to the Convention, during the preceding year from ships referred to in subsection (b)(1)(A) of this section owned or operated by the Department of the Navy. “(B) Beginning on October 1, 1996, and each year thereafter until October 1, 1998, a list of the names of such ships equipped with plastic processors pursuant to section 1003(e) of the National Defense Authorization Act for Fiscal Year 1994.”. (d) Waiver Authority.—Section 3 of such Act, as amended by subsection (c), is further amended by inserting after subsection (e) the following new subsection: “(f) Waiver Authority.—The President may waive the effective dates of the requirements set forth in subsection (c) of this section and in subsection 1003(e) of the National Defense Authorization Act for Fiscal Year 1994 if the President determines it to be in the paramount interest of the United States to do so. Any such waiver shall be for a period not in excess of one year. The President shall submit to the Congress each January a report on all waivers from the requirements of this section granted during the preceding calendar year, together with the reasons for granting such waivers.”. (e) Other Actions.—(1) Not later than October 1, 1994, the Secretary of the Navy shall release a request for proposals for equipment (hereinafter in this subsection referred to as “plastics processor”) required for the long-term collection and storage of plastic aboard ships owned or operated by the Navy. (2) Not later than July 1, 1996, the Secretary shall install the first production unit of the plastics processor on board a ship owned or operated by the Navy. (3) Not later than March 1, 1997, the Secretary shall complete the installation of plastics processors on board not less than 25 percent of the ships owned or operated by the Navy that require plastics processors to comply with section 3 of the Act to Prevent Pollution from Ships, as amended by subsections (a), (b), and (c) of this section. (4) Not later than July 1, 1997, the Secretary shall complete the installation of plastics processors on board not less than 50 percent of the ships owned or operated by the Navy that require processors to comply with section 3 of such Act, as amended by subsections (a), (b), and (c) of this section. 107 STAT. 1748 (5) Not later than July 1, 1998, the Secretary shall complete the installation of plastics processors on board not less than 76 percent of the ships owned or operated by the Navy that require processors to comply with section 3 of such Act, as amended by subsections (a), (b), and (c) of this section. (6) Not later than December 31, 1998, the Secretary shall complete the installation of plastics processors on board all ships owned or operated by the Navy that require processors to comply with section 3 of such Act, as amended by subsections (a), (b), and (c) of this section. (f) Definition.—Section 2(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(a)) is amended— (1) by striking out “and” at the end of paragraph (8); (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph (9): “(9) ‘submersible’ means a submarine, or any other vessel designed to operate under water; and”.