[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3298 Considered and Passed Senate (CPS)]







110th CONGRESS
  2d Session
                                S. 3298

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2008

 Ms. Murkowski (for herself, Mr. Stevens, Mr. Nelson of Florida, Mrs. 
  Murray, Ms. Landrieu, Mr. Whitehouse, Mr. Martinez, Ms. Snowe, Mr. 
 Kerry, Mrs. Dole, Mr. Isakson, Mr. Vitter, Mr. Chambliss, Mr. Wicker, 
Ms. Cantwell, and Ms. Collins) introduced the following bill; which was 
        read twice, considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 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. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.

    (a) No Permit Requirement.--Except 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;
                    (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)) 
        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 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.
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