[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2766 Engrossed in Senate (ES)]
110th CONGRESS
2d Session
S. 2766
_______________________________________________________________________
AN ACT
To amend the Federal Water Pollution Control Act to address certain
discharges incidental to the normal operation of a recreational vessel.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Boating Act of 2008''.
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF RECREATIONAL
VESSELS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Discharges Incidental to the Normal Operation of Recreational
Vessels.--No permit shall be required under this Act by the
Administrator (or a State, in the case of a permit program approved
under subsection (b)) for the discharge of any graywater, bilge water,
cooling water, weather deck runoff, oil water separator effluent, or
effluent from properly functioning marine engines, or any other
discharge that is incidental to the normal operation of a vessel, if
the discharge is from a recreational vessel.''.
SEC. 3. DEFINITION.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(25) Recreational vessel.--
``(A) In general.--The term `recreational vessel'
means any vessel that is--
``(i) manufactured or used primarily for
pleasure; or
``(ii) leased, rented, or chartered to a
person for the pleasure of that person.
``(B) Exclusion.--The term `recreational vessel'
does not include a vessel that is subject to Coast
Guard inspection and that--
``(i) is engaged in commercial use; or
``(ii) carries paying passengers.''.
SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL VESSELS.
Section 312 of the Federal Water Pollution Control Act (33 U.S.C.
1322) is amended by adding at the end the following:
``(o) Management Practices for Recreational Vessels.--
``(1) Applicability.--This subsection applies to any
discharge, other than a discharge of sewage, from a
recreational vessel that is--
``(A) incidental to the normal operation of the
vessel; and
``(B) exempt from permitting requirements under
section 402(r).
``(2) Determination of discharges subject to management
practices.--
``(A) Determination.--
``(i) In general.--The Administrator, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, the Secretary of Commerce, and
interested States, shall determine the
discharges incidental to the normal operation
of a recreational vessel for which it is
reasonable and practicable to develop
management practices to mitigate adverse
impacts on the waters of the United States.
``(ii) Promulgation.--The Administrator
shall promulgate the determinations under
clause (i) in accordance with section 553 of
title 5, United States Code.
``(iii) Management practices.--The
Administrator shall develop management
practices for recreational vessels in any case
in which the Administrator determines that the
use of those practices is reasonable and
practicable.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator shall
consider--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge;
``(iii) the practicability of using a
management practice;
``(iv) the effect that the use of a
management practice would have on the
operation, operational capability, or safety of
the vessel;
``(v) applicable Federal and State law;
``(vi) applicable international standards;
and
``(vii) the economic costs of the use of
the management practice.
``(C) Timing.--The Administrator shall--
``(i) make the initial determinations under
subparagraph (A) not later than 1 year after
the date of enactment of this subsection; and
``(ii) every 5 years thereafter--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on any new
information available to the
Administrator.
``(3) Performance standards for management practices.--
``(A) In general.--For each discharge for which a
management practice is developed under paragraph (2),
the Administrator, in consultation with the Secretary
of the department in which the Coast Guard is
operating, the Secretary of Commerce, other interested
Federal agencies, and interested States, shall
promulgate, in accordance with section 553 of title 5,
United States Code, Federal standards of performance
for each management practice required with respect to
the discharge.
``(B) Considerations.--In promulgating standards
under this paragraph, the Administrator shall take into
account the considerations described in paragraph
(2)(B).
``(C) Classes, types, and sizes of vessels.--The
standards promulgated under this paragraph may--
``(i) distinguish among classes, types, and
sizes of vessels;
``(ii) distinguish between new and existing
vessels; and
``(iii) provide for a waiver of the
applicability of the standards as necessary or
appropriate to a particular class, type, age,
or size of vessel.
``(D) Timing.--The Administrator shall--
``(i) promulgate standards of performance
for a management practice under subparagraph
(A) not later than 1 year after the date of a
determination under paragraph (2) that the
management practice is reasonable and
practicable; and
``(ii) every 5 years thereafter--
``(I) review the standards; and
``(II) if necessary, revise the
standards, in accordance with
subparagraph (B) and based on any new
information available to the
Administrator.
``(4) Regulations for the use of management practices.--
``(A) In general.--The Secretary of the department
in which the Coast Guard is operating shall promulgate
such regulations governing the design, construction,
installation, and use of management practices for
recreational vessels as are necessary to meet the
standards of performance promulgated under paragraph
(3).
``(B) Regulations.--
``(i) In general.--The Secretary shall
promulgate the regulations under this paragraph
as soon as practicable after the Administrator
promulgates standards with respect to the
practice under paragraph (3), but not later
than 1 year after the date on which the
Administrator promulgates the standards.
``(ii) Effective date.--The regulations
promulgated by the Secretary under this
paragraph shall be effective upon promulgation
unless another effective date is specified in
the regulations.
``(iii) Consideration of time.--In
determining the effective date of a regulation
promulgated under this paragraph, the Secretary
shall consider the period of time necessary to
communicate the existence of the regulation to
persons affected by the regulation.
``(5) Effect of other laws.--This subsection shall not
affect the application of section 311 to discharges incidental
to the normal operation of a recreational vessel.
``(6) Prohibition relating to recreational vessels.--After
the effective date of the regulations promulgated by the
Secretary of the department in which the Coast Guard is
operating under paragraph (4), the owner or operator of a
recreational vessel shall neither operate in nor discharge any
discharge incidental to the normal operation of the vessel
into, the waters of the United States or the waters of the
contiguous zone, if the owner or operator of the vessel is not
using any applicable management practice meeting standards
established under this subsection.''.
Passed the Senate July 22, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 2766
_______________________________________________________________________
AN ACT
To amend the Federal Water Pollution Control Act to address certain
discharges incidental to the normal operation of a recreational vessel.