[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.