[Congressional Record Volume 154, Number 120 (Tuesday, July 22, 2008)]
[Senate]
[Pages S6981-S6983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       CLEAN BOATING ACT OF 2008

                                 ______
                                 

         CLARIFYING PERMITS FOR DISCHARGES FROM CERTAIN VESSELS

  Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of the following bills en bloc: 
Calendar No. 832, S. 2766, and S. 3298, introduced earlier today by 
Senator Murkowski.
  The ACTING PRESIDENT pro tempore. The clerk will report the bills by 
title.
  The bill clerk read as follows:

       A bill (S. 2766) to amend the Federal Water Pollution 
     Control Act to address certain discharges incidental to the 
     normal operation of a recreational vessel.
       A bill (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.

  There being no objection, the Senate proceeded to consider the bills 
en bloc.
  Ms. MURKOWSKI. Mr. President, I rise today to support legislation 
that will provide a 2-year moratorium on National Pollution Discharge 
Elimination System permits for all commercial fishing vessels of any 
size and for all other commercial vessels less then 79 feet. The 
legislation requires the EPA, working with the Coast Guard, to conduct 
a 15-month study during the

[[Page S6982]]

moratorium period to evaluate the impacts of various discharges from 
vessels and report their findings to Congress for the purposes of 
making final decisions on vessel discharge permit requirements.
  Discharges incidental to the normal operation of vessels have been 
exempt from NPDES permits under the Clean Water Act since 1973. The 
National Pollution Discharge Elimination System was developed for 
industrial sources of pollution and was not designed for mobile 
sources. In 2006, the U.S. District Court for Northern California ruled 
that the EPA exceeded its authority under the Clean Water Act in 
exempting these discharges and issued an order revoking the exemption 
and requiring the agency to permit these discharges by September 30, 
2008. The EPA has appealed the decision, but in the meantime, the 
agency has proposed to permit both recreational and commercial vessels 
under two general permits. While the EPA has proposed a general permit 
system that does not require individual permits, all commercial and 
recreational vessels would still be subject to the regulations, fines, 
and enforcement and citizen lawsuits of the Clean Water Act. 
Considering incidental discharges for these vessels have been exempt 
for the past 35 years, it is hard to support permitting when we have 
such a dearth of information about what the discharges are, especially 
for small commercial and recreational boats.
  The commercial moratorium bill directs the EPA to study the 
incidental discharges of commercial vessels to determine the volume, 
type and frequency of various categories and sizes of vessels. It is my 
sincere hope that after the results of the study are reported to the 
Senate Environment and Public Works and Commerce Committees, and the 
House Transportation and Infrastructure Committee, Congress will take 
action to exempt commercial vessels, as we are now doing for the 
recreational sector under the Clean Boating Act. The commercial vessels 
that will be included are commercial fishing vessels of any size and 
other commercial vessels less then 79 feet. I need to clarify that it 
is my understanding that a commercial fishing vessel is one that 
previously or is presently engaged in the harvesting, taking or 
catching of commercial fish. Many commercial fishing boats in the 
United States also work as fish tenders and it is my intention that the 
fishing vessels working in this capacity are also included in the 
covered vessels under the commercial moratorium bill.
  I also support S. 2766, the Clean Boating Act of 2008. This 
legislation exempts recreational vessels from the NPDES permitting 
while the EPA develops best management practices for this sector. 
Neither category of vessels has documented discharge levels that have 
been shown to be harmful to the environment. The court case that 
required the EPA to develop this permit system was focused on invasive 
species and ballast water. Neither recreational nor small commercial 
vessels have ballast tanks and very few are ocean-going vessels.
  Enactment of this legislation, together with the Clean Boating Act 
will provide the recreation sector an exemption and commercial boats a 
two year waiver with the possibility for exemptions based on the 
outcome of the discharge study.
  It was a collaborative, negotiated process that developed the Clean 
Boating Act and the commercial moratorium legislation. I ask my 
colleagues to support both of these bills and I ask that they both pass 
by unanimous consent today.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the bills be 
read a third time and passed, en bloc, the motions to reconsider be 
laid upon the table, with no intervening action or debate, en bloc, and 
that any statements relating to the bills be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The bills were ordered to be engrossed for a third reading, were read 
the third time, and passed, as follows:

                                S. 2766

       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--

[[Page S6983]]

       ``(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.''.

                                S. 3298

       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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