[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.