Page:United States Statutes at Large Volume 110 Part 1.djvu/280

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110 STAT. 256 PUBLIC LAW 104-106—FEB. 10, 1996 governing the design, construction, installation, and use of marine pollution control devices on board vessels of the Armed Forces as are necessary to achieve the standards promulgated under paragraph (3). "(5) DEADLINES; EFFECTIVE DATE.— " (A) DETERMINATIONS.—The Administrator and the Secretary of Defense shall— "(i) make the initial determinations under paragraph (2) not later than 2 years after the date of the enactment of this subsection; and "(ii) every 5 years— "(I) review the determinations; and "(II) if necessary, revise the determinations based on significant new information. "(B) STANDARDS.—The Administrator and the Secretary of Defense shall— "(i) promulgate standards of performance for a marine pollution control device under paragraph (3) not later than 2 years after the date of a determination under paragraph (2) that the marine pollution control device is required; and "(ii) every 5 years— "(I) review the standards; and "(II) if necessary, revise the standards, consistent with paragraph (3)(B) and based on significant new information. "(C) REGULATIONS.— The Secretary of Defense shall promulgate regulations with respect to a marine pollution control device under paragraph (4) as soon as practicable after the Administrator and the Secretary of Defense promulgate standards with respect to the device under paragraph (3), but not later than 1 year after the Administrator and the Secretary of Defense promulgate the standards. The regulations promulgated by the Secretary of Defense under paragraph (4) shall become effective upon promulgation unless another effective date is specified in the regulations. "(D) PETITION FOR REVIEW.—The Governor of any State may submit a petition requesting that the Secretary of Defense and the Administrator review a determination under paragraph (2) or a standard under paragraph (3), if there is significant new information, not considered previously, that could reasonably result in a change to the particular determination or standard after consideration of the matters set forth in paragraph (2)(B). The petition shall be accompanied by the scientific and technical information on which the petition is based. The Administrator and the Secretary of Defense shall grant or deny the petition not later than 2 years after the date of receipt of the petition. "(6) EFFECT ON OTHER LAWS.— "(A) PROHIBITION ON REGULATION BY STATES OR POLITI- CAL SUBDIVISIONS OF STATES. —Beginning on 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