(i)
Petitions by Governors for proposed enhanced standards and requirements
(I)
In general
The Governor of a Great Lakes State (or a State employee designee) may submit a petition in accordance with subclause (II) to propose that other Governors of Great Lakes States endorse an enhanced standard of performance or other requirement with respect to any discharge that—
(aa)
is subject to regulation under this subsection; and
(bb)
occurs within the Great Lakes System.
(II)
Submission
A Governor shall submit a petition under subclause (I), in writing, to—
(aa)
the Executive Director of the Great Lakes Commission, in such manner as may be prescribed by the Great Lakes Commission;
(bb)
the Governor of each other Great Lakes State; and
(cc)
the Director of the Great Lakes National Program Office established by
section 1268(b) of this title.
(III)
Preliminary assessment by Great Lakes Commission
(aa)
In general
After the date of receipt of a petition under subclause (II)(aa), the Great Lakes Commission (acting through the Great Lakes Panel on Aquatic Nuisance Species, to the maximum extent practicable) may develop a preliminary assessment regarding each enhanced standard of performance or other requirement described in the petition.
(bb)
Provisions
The preliminary assessment developed by the Great Lakes Commission under item (aa)—
(AA)
may be developed in consultation with relevant experts and stakeholders;
(BB)
may be narrative in nature;
(CC)
may include the preliminary views, if any, of the Great Lakes Commission on the propriety of the proposed enhanced standard of performance or other requirement;
(DD)
shall be submitted, in writing, to the Governor of each Great Lakes State and the Director of the Great Lakes National Program Office and published on the internet website of the Great Lakes National Program Office; and
(EE)
except as provided in clause (iii), shall not be taken into consideration, or provide a basis for review, by the Administrator or the Secretary for purposes of that clause.
(ii)
Proposed enhanced standards and requirements
(I)
Publication in Federal Register
(aa)
Request by Governor
Not earlier than the date that is 90 days after the date on which the Executive Director of the Great Lakes Commission receives from a Governor of a Great Lakes State a petition under clause (i)(II)(aa), the Governor may request the Director of the Great Lakes National Program Office to publish, for a period requested by the Governor of not less than 30 days, and the Director shall so publish, in the Federal Register for public comment—
(AA)
a copy of the petition; and
(BB)
if applicable as of the date of publication, any preliminary assessment of the Great Lakes Commission developed under clause (i)(III) relating to the petition.
(bb)
Review of public comments
On receipt of a written request of a Governor of a Great Lakes State, the Director of the Great Lakes National Program Office shall make available all public comments received in response to the notice under item (aa).
(cc)
No response required
Notwithstanding any other provision of law, a Governor of a Great Lakes State or the Director of the Great Lakes National Program Office shall not be required to provide a response to any comment received in response to the publication of a petition or preliminary assessment under item (aa).
(dd)
Purpose
Any public comments received in response to the publication of a petition or preliminary assessment under item (aa) shall be used solely for the purpose of providing information and feedback to the Governor of each Great Lakes State regarding the decision to endorse the proposed standard or requirement.
(ee)
Effect of petition
A proposed standard or requirement developed under subclause (II) may differ from the proposed standard or requirement described in a petition published under item (aa).
(II)
Coordination to develop proposed standard or requirement
After the expiration of the public comment period for the petition under subclause (I), any interested Governor of a Great Lakes State may work in coordination with the Great Lakes Commission to develop a proposed standard of performance or other requirement applicable to a discharge referred to in the petition.
(III)
Requirements
A proposed standard of performance or other requirement under subclause (II)—
(aa)
shall be developed—
(AA)
in consultation with representatives from the Federal and provincial governments of Canada;
(BB)
after notice and opportunity for public comment on the petition published under subclause (I); and
(CC)
taking into consideration the preliminary assessment, if any, of the Great Lakes Commission under clause (i)(III);
(bb)
shall be specifically endorsed in writing by—
(AA)
the Governor of each Great Lakes State, if the proposed standard or requirement would impose any additional equipment requirement on a vessel; or
(BB)
not fewer than 5 Governors of Great Lakes States, if the proposed standard or requirement would not impose any additional equipment requirement on a vessel; and
(cc)
in the case of a proposed requirement to prohibit 1 or more types of discharge regulated under this subsection, whether treated or not treated, into waters within the Great Lakes System, shall not apply outside the waters of the Great Lakes States of the Governors endorsing the proposed requirement under item (bb).
(iii)
Promulgation by Administrator and Secretary
(I)
Submission
(aa)
In general
The Governors endorsing a proposed standard or requirement under clause (ii)(III)(bb) may jointly submit to the Administrator and the Secretary for approval each proposed standard of performance or other requirement developed and endorsed pursuant to clause (ii).
(bb)
Inclusion
Each submission under item (aa) shall include an explanation regarding why the applicable standard of performance or other requirement is—
(AA)
at least as stringent as a comparable standard of performance or other requirement under this subsection;
(BB)
in accordance with maritime safety; and
(CC)
in accordance with applicable maritime and navigation laws and regulations.
(cc)
Withdrawal
(AA)
In general
The Governor of any Great Lakes State that endorses a proposed standard or requirement under clause (ii)(III)(bb) may withdraw the endorsement by not later than the date that is 90 days after the date on which the Administrator and the Secretary receive the proposed standard or requirement.
(BB)
Effect on Federal review
If, after the withdrawal of an endorsement under subitem (AA), the proposed standard or requirement does not have the applicable number of endorsements under clause (ii)(III)(bb), the Administrator and the Secretary shall terminate the review under this clause.
(dd)
Dissenting opinions
The Governor of a Great Lakes State that does not endorse a proposed standard or requirement under clause (ii)(III)(bb) may submit to the Administrator and the Secretary any dissenting opinions of the Governor.
(II)
Joint notice
On receipt of a proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall publish in the Federal Register a joint notice that, at minimum—
(aa)
states that the proposed standard or requirement is publicly available; and
(bb)
provides an opportunity for public comment regarding the proposed standard or requirement during the 90-day period beginning on the date of receipt by the Administrator and the Secretary of the proposed standard or requirement.
(III)
Review
(aa)
In general
As soon as practicable after the date of publication of a joint notice under subclause (II)—
(AA)
the Administrator shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is at least as stringent as comparable standards and requirements under this subsection; and
(BB)
the Secretary shall commence a review of each proposed standard of performance or other requirement covered by the notice to determine whether that standard or requirement is in accordance with maritime safety and applicable maritime and navigation laws and regulations.
(bb)
Consultation
In carrying out item (aa), the Administrator and the Secretary—
(AA)
shall consult with the Governor of each Great Lakes State and representatives from the Federal and provincial governments of Canada;
(BB)
shall take into consideration any relevant data or public comments received under subclause (II)(bb); and
(CC)
shall not take into consideration any preliminary assessment by the Great Lakes Commission under clause (i)(III), or any dissenting opinion under subclause (I)(dd), except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under item (aa).
(IV)
Approval or disapproval
Not later than 180 days after the date of receipt of each proposed standard of performance or other requirement under subclause (I), the Administrator and the Secretary shall—
(aa)
determine, as applicable, whether each proposed standard or other requirement satisfies the criteria under subclause (III)(aa);
(bb)
approve each proposed standard or other requirement, unless the Administrator or the Secretary, as applicable, determines under item (aa) that the proposed standard or other requirement does not satisfy the criteria under subclause (III)(aa); and
(cc)
submit to the Governor of each Great Lakes State, and publish in the Federal Register, a notice of the determination under item (aa).
(V)
Action on disapproval
(aa)
Rationale and recommendations
If the Administrator and the Secretary disapprove a proposed standard of performance or other requirement under subclause (IV)(bb), the notices under subclause (IV)(cc) shall include—
(AA)
a description of the reasons why the standard or requirement is, as applicable, less stringent than a comparable standard or requirement under this subsection, inconsistent with maritime safety, or inconsistent with applicable maritime and navigation laws and regulations; and
(BB)
any recommendations regarding changes the Governors of the Great Lakes States could make to conform the disapproved portion of the standard or requirement to the requirements of this subparagraph.
(bb)
Review
Disapproval of a proposed standard or requirement by the Administrator and the Secretary under this subparagraph shall be considered to be a final agency action subject to judicial review under section 1369 of this title.
(VI)
Action on approval
On approval by the Administrator and the Secretary of a proposed standard of performance or other requirement under subclause (IV)(bb)—
(aa)
the Administrator shall establish, by regulation, the proposed standard or requirement within the Great Lakes System in lieu of any comparable standard or other requirement promulgated under paragraph (4); and
(bb)
the Secretary shall establish, by regulation, any requirements necessary to implement, ensure compliance with, and enforce the standard or requirement under item (aa), or to apply the proposed requirement, within the Great Lakes System in lieu of any comparable requirement promulgated under paragraph (5).
(VII)
No judicial review for certain actions
An action or inaction of a Governor of a Great Lakes State or the Great Lakes Commission under this subparagraph shall not be subject to judicial review.
(VIII)
Great Lakes Compact
Nothing in this subsection limits, alters, or amends the Great Lakes Compact 2 to which Congress granted consent in the Act of July 24, 1968 ([Public Law 90–419]; [82 Stat. 414]).
(IX)
Authorization of appropriations
There is authorized to be appropriated to the Great Lakes Commission $5,000,000, to be available until expended.