[DOCID: f:publ299.110] [[Page 122 STAT. 2995]] 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; [[Page 122 STAT. 2996]] (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)) [[Page 122 STAT. 2997]] 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: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 154 (2008): July 22, considered and passed Senate and House. <all>