[Congressional Record Volume 156, Number 107 (Tuesday, July 20, 2010)]
[House]
[Pages H5743-H5746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DELAYING EPA FISHING BOAT DISCHARGE RULES
Mr. OBERSTAR. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5301) to extend the period during which the Administrator of
the Environmental Protection Agency and States are prohibited from
requiring a permit under section 402 of the Federal Water Pollution
Control Act for certain discharges that are incidental to normal
operation of vessels, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5301
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
SEC. 101. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF
VESSELS.
Public Law 110-299 (122 Stat. 2995, 33 U.S.C. 1342 note) is
amended in section 2(a) by striking ``during the 2-year
period beginning on the date of enactment of this Act'' and
inserting ``during the period beginning on the date of
enactment of this Act and ending December 18, 2013''.
TITLE II--CLEAN ESTUARIES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Clean Estuaries Act of
2010''.
SEC. 202. NATIONAL ESTUARY PROGRAM AMENDMENTS.
(a) Purposes of Conference.--
(1) Development of comprehensive conservation and
management plans.--Section 320(b)(4) of the Federal Water
Pollution Control Act (33 U.S.C. 1330(b)(4)) is amended to
read as follows:
``(4) develop and submit to the Administrator a
comprehensive conservation and management plan that--
``(A) identifies the estuary and its associated upstream
waters to be addressed by the plan, with consideration given
to hydrological boundaries;
``(B) recommends priority corrective actions and compliance
schedules addressing point and nonpoint sources of pollution
to restore and maintain the chemical, physical, and
biological integrity of the estuary, including restoration
and maintenance of water quality, a resilient and diverse
indigenous population of shellfish, fish, and wildlife, and
recreational activities in the estuary, and assure that the
designated uses of the estuary are protected;
``(C) considers current and future sustainable commercial
activities in the estuary;
``(D) addresses the impacts of climate change on the
estuary, including--
``(i) the identification and assessment of vulnerabilities
in the estuary;
``(ii) the development and implementation of adaptation
strategies; and
[[Page H5744]]
``(iii) the impacts of changes in sea level on estuarine
water quality, estuarine habitat, and infrastructure located
in the estuary;
``(E) increases public education and awareness with respect
to--
``(i) the ecological health of the estuary;
``(ii) the water quality conditions of the estuary; and
``(iii) ocean, estuarine, land, and atmospheric connections
and interactions;
``(F) identifies and assesses impairments, including
upstream impairments, coming from outside of the area
addressed by the plan, and the sources of those impairments;
``(G) includes performance measures and goals to track
implementation of the plan; and
``(H) includes a coordinated monitoring strategy for
Federal, State, and local governments and other entities.''.
(2) Monitoring and making results available.--Section
320(b)(6) of such Act (33 U.S.C. 1330(b)(6)) is amended to
read as follows:
``(6) monitor (and make results available to the public
regarding)--
``(A) water quality conditions in the estuary and its
associated upstream waters, as identified under paragraph
(4)(A);
``(B) habitat conditions that relate to the ecological
health and water quality conditions of the estuary; and
``(C) the effectiveness of actions taken pursuant to the
comprehensive conservation and management plan developed for
the estuary under this subsection;''.
(3) Information and educational activities.--Section 320(b)
of such Act (33 U.S.C. 1330(b)) is amended--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
``(7) provide information and educational activities on the
ecological health and water quality conditions of the
estuary; and''.
(4) Conforming amendment.--The sentence following section
320(b)(8) of such Act (as so redesignated) is amended by
striking ``paragraph (7)'' and inserting ``paragraph (8)''.
(b) Members of Conference; Collaborative Processes.--
(1) Members of conference.--Section 320(c)(5) of such Act
(33 U.S.C. 1330(c)(5)) is amended by inserting after
``institutions,'' the following: ``not-for-profit
organizations,''.
(2) Collaborative processes.--Section 320(d) of such Act
(33 U.S.C. 1330(d)) is amended--
(A) by striking ``(d)'' and all that follows through ``In
developing'' and inserting the following:
``(d) Utilization of Existing Data and Collaborative
Processes.--
``(1) Utilization of existing data.--In developing''; and
(B) by adding at the end the following:
``(2) Utilization of collaborative processes.--In updating
a plan under subsection (f)(4) or developing a new plan under
subsection (b), a management conference shall make use of
collaborative processes to--
``(A) ensure equitable inclusion of affected interests;
``(B) engage with members of the management conference,
including through--
``(i) the use of consensus-based decision rules; and
``(ii) assistance from impartial facilitators, as
appropriate;
``(C) ensure relevant information, including scientific,
technical, and cultural information, is accessible to
members;
``(D) promote accountability and transparency by ensuring
members are informed in a timely manner of--
``(i) the purposes and objectives of the management
conference; and
``(ii) the results of an evaluation conducted under
subsection (f)(3);
``(E) identify the roles and responsibilities of members--
``(i) in the management conference proceedings; and
``(ii) in the implementation of the plan; and
``(F) seek resolution of conflicts or disputes as
necessary.''.
(c) Administration of Plans.--Section 320(f) of such Act
(33 U.S.C. 1330(f)) is amended to read as follows:
``(f) Administration of Plans.--
``(1) Approval.--Not later than 120 days after the date on
which a management conference submits to the Administrator a
comprehensive conservation and management plan under this
section, and after providing for public review and comment,
the Administrator shall approve the plan if the Administrator
determines that the plan meets the requirements of this
section and the affected Governor or Governors concur.
``(2) Implementation.--Upon approval of a comprehensive
conservation and management plan under this section, the plan
shall be implemented. Funds authorized to be appropriated
under titles II and VI and section 319 may be used in
accordance with the applicable requirements of this Act to
assist States with the implementation of the plan.
``(3) Evaluation.--
``(A) In general.--Not later than 4 years after the date of
enactment of this paragraph, and every 4 years thereafter,
the Administrator shall complete an evaluation of the
implementation of each comprehensive conservation and
management plan developed under this section to determine the
degree to which the goals of the plan have been met.
``(B) Review and comment by management conference.--In
completing an evaluation under subparagraph (A), the
Administrator shall submit the results of the evaluation to
the appropriate management conference for review and comment.
``(C) Report.--
``(i) In general.--In completing an evaluation under
subparagraph (A), and after providing an opportunity for a
management conference to submit comments under subparagraph
(B), the Administrator shall issue a report on the results of
the evaluation, including the findings and recommendations of
the Administrator and any comments received from the
management conference.
``(ii) Availability to public.--The Administrator shall
make a report issued under this subparagraph available to the
public, including through publication in the Federal Register
and on the Internet.
``(D) Special rule for new plans.--Notwithstanding
subparagraph (A), if a management conference submits a new
comprehensive conservation and management plan to the
Administrator after the date of enactment of this paragraph,
the Administrator shall complete the evaluation of the
implementation of the plan required by subparagraph (A) not
later than 4 years after the date of such submission and
every 4 years thereafter.
``(4) Updates.--
``(A) Requirement.--Not later than 18 months after the date
on which the Administrator makes an evaluation of the
implementation of a comprehensive conservation and management
plan available to the public under paragraph (3)(C), a
management conference convened under this section shall
submit to the Administrator an update of the plan. The
updated plan shall reflect, to the maximum extent
practicable, the results of the program evaluation.
``(B) Approval of updates.--Not later than 120 days after
the date on which a management conference submits to the
Administrator an updated comprehensive conservation and
management plan under subparagraph (A), and after providing
for public review and comment, the Administrator shall
approve the updated plan if the Administrator determines that
the updated plan meets the requirements of this section.
``(5) Probationary status.--The Administrator may consider
a management conference convened under this section to be in
probationary status if the management conference has not
received approval for an updated comprehensive conservation
and management plan under paragraph (4)(B) on or before the
last day of the 3-year period beginning on the date on which
the Administrator makes an evaluation of the plan available
to the public under paragraph (3)(C).''.
(d) Federal Agencies.--Section 320 of such Act (33 U.S.C.
1330) is amended--
(1) by redesignating subsections (g), (h), (i), (j), and
(k) as subsections (h), (i), (j), (k), and (m), respectively;
and
(2) by inserting after subsection (f) the following:
``(g) Federal Agencies.--
``(1) Activities conducted within estuaries with approved
plans.--After approval of a comprehensive conservation and
management plan by the Administrator, any Federal action or
activity affecting the estuary shall be conducted, to the
maximum extent practicable, in a manner consistent with the
plan.
``(2) Coordination and cooperation.--The Secretary of the
Army (acting through the Chief of Engineers), the
Administrator of the National Oceanic and Atmospheric
Administration, the Director of the United States Fish and
Wildlife Service, the Chief of the Natural Resources
Conservation Service, and the heads of other appropriate
Federal agencies, as determined by the Administrator, shall,
to the maximum extent practicable, cooperate and coordinate
activities, including monitoring activities, related to the
implementation of a comprehensive conservation and management
plan approved by the Administrator. The Environmental
Protection Agency shall serve as the lead coordinating agency
under this paragraph.
``(3) Consideration of plans in agency budget requests.--In
making an annual budget request for a Federal agency referred
to in paragraph (2), the head of such agency shall consider
the responsibilities of the agency under this section,
including under comprehensive conservation and management
plans approved by the Administrator.
``(4) Monitoring.--The heads of the Federal agencies
referred to in paragraph (2) shall collaborate on the
development of tools and methodologies for monitoring the
ecological health and water quality conditions of estuaries
covered by a management conference convened under this
section.''.
(e) Grants.--
(1) Recipients.--Section 320(h)(1) of such Act (as
redesignated by subsection (d) of this section) is amended by
striking ``other public'' and all that follows before the
period at the end and inserting ``and other public or
nonprofit private agencies, institutions, and
organizations''.
(2) Effects of probationary status.--Section 320(h) of such
Act (as redesignated by subsection (d) of this section) is
further amended by adding at the end the following:
``(4) Effects of probationary status.--
``(A) Reductions in grant amounts.--The Administrator shall
reduce, by an amount to be determined by the Administrator,
grants for the implementation of a comprehensive conservation
and management plan developed by a management conference
convened
[[Page H5745]]
under this section if the Administrator determines that the
management conference is in probationary status under
subsection (f)(5).
``(B) Termination of management conferences.--The
Administrator shall terminate a management conference
convened under this section, and cease funding for the
implementation of the comprehensive conservation and
management plan developed by the management conference, if
the Administrator determines that the management conference
has been in probationary status for 2 consecutive years.''.
(3) Conforming amendment.--Section 320(i) of such Act (as
redesignated by subsection (d) of this section) is amended by
striking ``subsection (g)'' and inserting ``subsection (h)''.
(f) Authorization of Appropriations.--Section 320(j) of
such Act (as redesignated by subsection (d) of this section)
is amended to read as follows:
``(j) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Administrator $50,000,000 for each of fiscal years
2011 through 2016 for--
``(A) expenses related to the administration of management
conferences under this section, except that such expenses
shall not exceed 10 percent of the amount appropriated under
this subsection;
``(B) making grants under subsection (h); and
``(C) monitoring the implementation of a conservation and
management plan by the management conference, or by the
Administrator in any case in which the conference has been
terminated.
``(2) Allocations.--Of the sums authorized to be
appropriated under this subsection, the Administrator shall
provide--
``(A) at least $1,250,000 per fiscal year, subject to the
availability of appropriations, for the development,
implementation, and monitoring of each conservation and
management plan eligible for grant assistance under
subsection (h); and
``(B) up to $5,000,000 per fiscal year to carry out
subsection (k).''.
(g) Research.--Section 320(k)(1)(A) of such Act (as
redesignated by subsection (d) of this section) is amended--
(1) by striking ``paramenters'' and inserting
``parameters''; and
(2) by inserting ``(including monitoring of both pathways
and ecosystems to track the introduction and establishment of
nonnative species)'' before ``, to provide the
Administrator''.
(h) National Estuary Program Evaluation.--Section 320 of
such Act (33 U.S.C. 1330) is amended by inserting after
subsection (k) (as redesignated by subsection (d) of this
section) the following:
``(l) National Estuary Program Evaluation.--
``(1) In general.--Not later than 4 years after the date of
enactment of this paragraph, and every 4 years thereafter,
the Administrator shall complete an evaluation of the
national estuary program established under this section.
``(2) Specific assessments.--In conducting an evaluation
under this subsection, the Administrator shall--
``(A) assess the effectiveness of the national estuary
program in improving water quality, natural resources, and
sustainable uses of the estuaries covered by management
conferences convened under this section;
``(B) identify best practices for improving water quality,
natural resources, and sustainable uses of the estuaries
covered by management conferences convened under this
section, including those practices funded through the use of
technical assistance from the Environmental Protection Agency
and other Federal agencies, and assess the reasons why such
practices result in the achievement of program goals; and
``(C) identify any redundant requirements for reporting by
recipients of a grant under this section, and develop and
recommend a plan for limiting reporting redundancies.
``(3) Report.--In completing an evaluation under this
subsection, the Administrator shall issue a report on the
results of the evaluation, including the findings and
recommendations of the Administrator.
``(4) Availability.--The Administrator shall make a report
issued under this subsection available to management
conferences convened under this section and the public,
including through publication in the Federal Register and on
the Internet.''.
(i) Convening of Conference.--Section 320(a)(2) of such Act
(33 U.S.C. 1330(a)(2)) is amended--
(1) by striking ``(2) Convening of conference.--'' and all
that follows through ``In any case'' and inserting the
following:
``(2) Convening of conference.--In any case''; and
(2) by striking subparagraph (B).
(j) Great Lakes Estuaries.--Section 320(m) of such Act (as
redesignated by subsection (d) of this section) is amended by
striking the subsection designation and all that follows
through ``and those portions of tributaries'' and inserting
the following:
``(m) Definitions.--In this section, the terms `estuary'
and `estuarine zone' have the meanings such terms have in
section 104(n)(4), except that--
``(1) the term `estuary' also includes near coastal waters
and other bodies of water within the Great Lakes that are
similar in form and function to the waters described in the
definition of `estuary' contained in section 104(n)(4); and
``(2) the term `estuarine zone' also includes--
``(A) waters within the Great Lakes described in paragraph
(1) and transitional areas from such waters that are similar
in form and function to the transitional areas described in
the definition of `estuarine zone' contained in section
104(n)(4);
``(B) associated aquatic ecosystems; and
``(C) those portions of tributaries''.
{time} 1430
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from New Jersey (Mr.
LoBiondo) each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
Mr. OBERSTAR. Madam Speaker, both of these bills have passed the
House, have been duly fully considered by the Committee on
Transportation and Infrastructure, reported to the House and passed
substantially. We combined them in this measure to send them to the
other body, where we expect prompt action to be taken to send the bills
on to the President.
I rise in support of H.R. 5301. This bill extends a provision
prohibiting the Environmental Protection Agency (EPA) and States from
requiring permits under Section 402 of the Clean Water Act for certain
discharges that are incidental to the normal operation of vessels less
than 79 feet in length. H.R. 5301 also reauthorizes EPA's National
Estuary Program.
I'd like to thank the gentleman from New Jersey (Mr. LoBiondo) and
the gentleman from New York (Mr. Bishop) for their work on this
legislation.
Title I of H.R. 5301 extends a narrowly-tailored provision enacted by
Congress in 2008 to establish a moratorium permit requirements under
the Clean Water Act for certain discharges from commercial fishing
vessels and other commercial vessels. This title ensures that EPA has
sufficient time to consider the implications of discharges incidental
to the normal operation of a vessel, while preserving the goals of the
Clean Water Act to restore and maintain the chemical, physical and
biological integrity of the nation's waters.
When Congress established the moratorium two years ago, EPA was
directed to conduct a study on discharges incidental to the normal
operation of a vessel. This study was intended to provide EPA and
Congress with additional information on the nature, types, volumes, and
composition of vessel discharges, and the potential impact of these
discharges on human health, welfare, and the environment.
EPA completed this study earlier this year and determined that
discharges from these smaller vessels are not benign. Appropriately,
EPA plans on bringing these vessels within the scope of the National
Pollutant Discharge Elimination System, NPDES, program. Currently,
however, EPA does not have the framework in place or the resources to
expand NPDES coverage to these smaller vessels.
Without an extension, the permit prohibition expires on July 31,
2010. H.R. 5301 extends the current moratorium to December 18, 2013.
This will allow EPA time to implement the appropriate Clean Water Act
mechanisms for controlling, minimizing, and properly addressing these
types of vessel discharges. It will also allow the agency to plan for
the inclusion of these smaller vessels when the agency renews its
Vessel General Permits program.
Title I of H.R. 5301 was previously included in H.R. 3619, the
``Coast Guard Authorization Act of 2010'', which passed the House on
November 2, 2009.
Title II of H.R. 5301 reauthorizes the National Estuary Program.
Title II consists of the text of H.R. 4715, the ``Clean Estuaries Act
of 2010'', as passed by the House on April 15, 2010. Estuaries and
associated coastal areas are major economic forces for the nation.
Commercial and recreational fishing annually accounts for $185 billion
in revenues, and more than two million direct jobs. Estuaries are
habitat for approximately 75 percent of the U.S. commercial fish catch
and 80 to 90 percent of the recreational fish catch. Beyond fishing,
estuaries produce significant economic value through tourism, energy
production, and navigation. Estuaries also provide recreational
opportunities such as boating, fishing, swimming, surfing, and bird
watching. The University of California and the Ocean Foundation have
determined that, on an annual basis, ``beach-going'' generates up to
$30 billion of economic value, and that ``coastal wildlife viewing''
generates up to $49 billion.
Title II includes four important modifications to the existing
National Estuary Program.
First, Title II calls for increased transparency and accountability
through regular evaluation and management plan updates with a public
disclosure requirement.
Second, the title requires Federal agencies to be active partners in
the restoration and protection of the estuaries where they are
situated. This includes taking part in the development of the
management plans, cooperating
[[Page H5746]]
and coordinating their activities to implement the plans, and
considering their financial responsibilities under any estuary
management plan when submitting their annual budget requests.
Third, Title II requires programmatic changes to the National Estuary
Program such as identifying vulnerabilities to climate change and
developing responsive adaptation actions; engaging in educational
activities to better inform the public about their local estuaries;
requiring that estuary programs consider sustainable commercial
activities in the watershed; and ensuring that commercial entities
along estuary waterfronts will be active participants in estuary
programs.
Fourth, this title increases the authorization for the program from
$35 million to $50 million per year and establishes a minimum funding
level for each of the 28 approved estuaries in the program of $1.25
million per year. If the program were fully funded at $50 million, 12
new estuaries could enter the National Estuary Program and each be
funded at a level of $1.25 million. EPA reports that entities
representing 38 additional estuaries have expressed interest in joining
the National Estuary Program.
H.R. 4715, the ``Clean Estuaries Act of 2010,'' was considered by the
House earlier this year and passed by a roll call vote of 278-128. I am
pleased to say that we received solid support on both sides of the
aisle.
I strongly urge my colleagues to join me in supporting H.R. 5301.
I reserve the balance of my time.
Mr. LoBIONDO. I yield myself such time as I may consume.
Madam Speaker, I rise in strong support of H.R. 5301.
Effective 11 days from now, commercial fishermen, charter boat
operators, and owners of other commercial vessels less than 79 feet
will have to apply for and receive individual permits from the EPA to
discharge from their vessels such things as deck wash, bilge water, and
condensation from air conditioning units. Vessels that operate without
these permits could be subject to citizen lawsuits and fines that
exceed $32,000 a day.
My bill simply extends the current moratorium for a few more years to
ensure that the EPA has time to analyze the results of the study they
conducted and develop proper permitting regulations. As the chairman
indicated in his statement, we have the Clean Estuaries Act which is
combined with this bill. We are happy to do this with Mr. Bishop.
Having said that, I am hopeful that we can move this bill today. I
appreciate Chairman Oberstar's effort, but I just have a cautionary
note, as the chairman has sort of indicated on a number of times, that
the other body does not always act in a manner that we consider
something they should do.
Mr. Oberstar, I think you understand that. And I hope we have a
continued commitment to be able to make sure that this fishing boat
problem can get solved before we leave one way or the other.
I yield back the balance of my time.
Mr. OBERSTAR. I yield myself such time as I may consume.
Yes, indeed I will say, first of all to compliment the gentleman from
New Jersey on his leadership on the issue of vessel discharge. He has
been a champion on this subject. We have heard his strong appeal, his
reasoned approach to the issue. That's why we moved the bill earlier.
We now joined it with this estuaries bill.
We expect always with hope that the other body acts promptly, but if
not, there are backup plans to deal with the vessel discharge issue in
advance of the deadline that the distinguished gentleman from New
Jersey cited. We are together on this. We are going to assure that the
issue is resolved. And hopefully, both of these bills, combined in this
fashion, will bring enough interest in the other body to have a
concentration of effort to pass both measures together.
Mr. JOHNSON of Georgia. Madam Speaker, I rise today to support H.R.
5301, legislation to extend the period during which the administrator
of the Environmental Protection Agency and States are prohibited from
requiring a permit under section 402 of the federal water pollution
control act for certain discharges that are incidental to normal
operations of vessels, to reauthorize the national estuary program and
for other purposes. I commend my colleague, Representative LoBiondo for
his word on this bill and urge the House to support this legislation.
Madam Speaker, in light of the disaster caused by the Deepwater
Horizon oil spill, it is important that this Congress pay particularly
close attention to the well being of our Nation's aquatic ecosystems.
H.R. 5301 accomplishes two things. First, this bill extends an
existing moratorium for vessels less than 79 feet in length to obtain a
permit under the Clean Water Act for discharges incidental to their
normal operation. The Environmental Protection Agency has been studying
the impacts of incidental discharges from these vessels and made the
determination that these discharges are not universally benign. The
agency has acknowledged however, that it will be unable to develop and
issue appropriate permits for these vessels before the current
moratorium expires on July 31, 2010. Extending the moratorium will
allow for the additional time necessary to develop and issue
appropriate guidelines to address such discharges consistent with the
goals of the Clean Water Act.
Second, H.R. 5301 includes H.R. 4715, the ``Clean Estuaries Act of
2010'', as passed by the House of Representatives on April 15, 2010,
which reauthorizes the National Estuary Program. Established in 1987,
the National Estuary Program is charged with attaining or maintaining
water quality in an estuary, places where rivers meet the sea.
Reauthorizing this program is essential to protection of public water
supplies and the protection or indigenous population of shellfish,
fish, and wildlife.
I urge my colleagues to support this bill.
Mr. OBERSTAR. I yield back the balance of my time.
General Leave
Mr. OBERSTAR. I ask unanimous consent that all Members may have 5
legislative days within which to revise and extend their remarks and
include extraneous matter on the subject of these two bills.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Oberstar) that the House suspend the
rules and pass the bill, H.R. 5301, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to extend the period
during which the Administrator of the Environmental Protection Agency
and States are prohibited from requiring a permit under section 402 of
the Federal Water Pollution Control Act for certain discharges that are
incidental to normal operation of vessels, to reauthorize the National
Estuary Program, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________