[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2766 Enrolled Bill (ENR)]
S.2766
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.