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Public Law 110-299
110th Congress
An Act
.
To clarify the circumstances during which the Administrator of the
Environmental Protection Agency and applicable States may require
permits for discharges from certain vessels, and to require the
Administrator to conduct a study of discharges incidental to the normal
operation of vessels. <<NOTE: July 31, 2008 - [S. 3298]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 33 USC 1342 note.>> DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered vessel.--The term ``covered vessel'' means a
vessel that is--
(A) less than 79 feet in length; or
(B) a fishing vessel (as defined in section 2101 of
title 46, United States Code), regardless of the length
of the vessel.
(3) Other terms.--The terms ``contiguous zone'',
``discharge'', ``ocean'', and ``State'' have the meanings given
the terms in section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362).
SEC. 2. <<NOTE: 33 USC 1342 note.>> DISCHARGES INCIDENTAL TO
NORMAL OPERATION OF VESSELS.
(a) No Permit Requirement.--Except <<NOTE: Time period.>> as
provided in subsection (b), during the 2-year period beginning on the
date of enactment of this Act, the Administrator, or a State in the case
of a permit program approved under section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342), shall not require a permit under
that section for a covered vessel for--
(1) any discharge of effluent from properly functioning
marine engines;
(2) any discharge of laundry, shower, and galley sink
wastes; or
(3) any other discharge incidental to the normal operation
of a covered vessel.
(b) Exceptions.--Subsection (a) shall not apply with respect to--
(1) rubbish, trash, garbage, or other such materials
discharged overboard;
(2) other discharges when the vessel is operating in a
capacity other than as a means of transportation, such as when--
(A) used as an energy or mining facility;
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(B) used as a storage facility or a seafood
processing facility;
(C) secured to a storage facility or a seafood
processing facility; or
(D) secured to the bed of the ocean, the contiguous
zone, or waters of the United States for the purpose of
mineral or oil exploration or development;
(3) any discharge of ballast water; or
(4) any discharge in a case in which the Administrator or
State, as appropriate, determines that the discharge--
(A) contributes to a violation of a water quality
standard; or
(B) poses an unacceptable risk to human health or
the environment.
SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL OPERATION OF
VESSELS.
(a) In General.--The Administrator, in consultation with the
Secretary of the department in which the Coast Guard is operating and
the heads of other interested Federal agencies, shall conduct a study to
evaluate the impacts of--
(1) any discharge of effluent from properly functioning
marine engines;
(2) any discharge of laundry, shower, and galley sink
wastes; and
(3) any other discharge incidental to the normal operation
of a vessel.
(b) Scope of Study.--The study under subsection (a) shall include--
(1) characterizations of the nature, type, and composition
of discharges for--
(A) representative single vessels; and
(B) each class of vessels;
(2) determinations of the volumes of those discharges,
including average volumes, for--
(A) representative single vessels; and
(B) each class of vessels;
(3) a description of the locations, including the more
common locations, of the discharges;
(4) analyses and findings as to the nature and extent of the
potential effects of the discharges, including determinations of
whether the discharges pose a risk to human health, welfare, or
the environment, and the nature of those risks;
(5) determinations of the benefits to human health, welfare,
and the environment from reducing, eliminating, controlling, or
mitigating the discharges; and
(6) analyses of the extent to which the discharges are
currently subject to regulation under Federal law or a binding
international obligation of the United States.
(c) Exclusion.--In carrying out the study under subsection (a), the
Administrator shall exclude--
(1) discharges from a vessel of the Armed Forces (as defined
in section 312(a) of the Federal Water Pollution Control Act (33
U.S.C. 1322(a));
(2) discharges of sewage (as defined in section 312(a) of
the Federal Water Pollution Control Act (33 U.S.C. 1322(a))
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from a vessel, other than the discharge of graywater from a
vessel operating on the Great Lakes; and
(3) discharges of ballast water.
(d) Public Comment; Report.--The <<NOTE: Federal
Register, publication.>> Administrator shall--
(1) publish in the Federal Register for public comment a
draft of the study required under subsection (a);
(2) after taking into account any comments received during
the public comment period, develop a final report with respect
to the study; and
(3) not later than 15 months after the date of enactment of
this Act, submit the final report to--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) the Committees on Environment and Public Works
and Commerce, Science, and Transportation of the Senate.
Approved July 31, 2008.
LEGISLATIVE HISTORY--S. 3298:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
July 22, considered and passed Senate and House.
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