[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2766 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2766

  To amend the Federal Water Pollution Control Act to address certain 
discharges incidental to the normal operation of a recreational vessel.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2008

   Mr. Nelson of Florida (for himself and Mrs. Boxer) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  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.''.
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