1.In this Act:
(1)The term Administrator means
the Administrator of the Environmental Protection Agency.
(2)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)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).
2.Discharges incidental to normal operation
of vessels
(a)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)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.
3.Study of discharges incidental to normal
operation of vessels
(a)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)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)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)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