[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3298 Enrolled Bill (ENR)]
S.3298
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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.