[House Report 110-765]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-765

======================================================================



 
                       CLEAN BOATING ACT OF 2008

                                _______
                                

 July 22, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5949]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5949) to amend the Federal Water 
Pollution Control Act to address certain discharges incidental 
to the normal operation of a recreational vessel, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                       Purpose of the Legislation

    H.R. 5949, the ``Clean Boating Act of 2008'', amends the 
Federal Water Pollution Control Act (``Clean Water Act'') to 
provide a limited exemption from the National Pollutant 
Discharge Elimination System (``NPDES'') permitting 
requirements for discharges incidental to the normal operation 
of a recreational vessel, and establish a management program to 
address any discharges from a recreational vessel excluded from 
the permitting requirements of the Act.

                  Background and Need for Legislation

    Section 301(a) of the Clean Water Act (``Act'') provides 
that ``the discharge of any pollutant by any person shall be 
unlawful'' unless the discharge is in compliance with a permit 
issued under the Act. Section 502 of the Act defines 
``discharge of a pollutant'' as ``(A) any addition of any 
pollutant to navigable waters from any point source, (B) any 
addition of any pollutant to the waters of the contiguous zone 
or the ocean from any point source other than a vessel or other 
floating craft.'' A ``point source'' is defined as a 
``discernible, confined and discrete conveyance'' and includes 
a ``vessel or other floating craft.'' The term ``pollutant'' 
includes, among other things, ``sewage, garbage . . . 
biological materials . . . and industrial, municipal, and 
agricultural waste discharged into water.''
    Section 402(a) of the Act authorizes the Environmental 
Protection Agency (``EPA'') to ``issue a permit for the 
discharge of any pollutant, or combination of pollutants'' upon 
certain conditions required by the Act. Section 402 permits are 
commonly called National Pollutant Discharge Elimination System 
permits, or NPDES permits. NPDES permits can be either 
individual permits or less-burdensome general permits when the 
discharge of pollutants will cause only minimal adverse 
environmental effects to the environment when discharged 
separately and will have only minimal cumulative adverse effect 
on the environment.
    In 1973, EPA promulgated a regulation that excluded 
``discharges incidental to the normal operation of vessels'' 
from NPDES permitting (38 Fed. Reg. 13528, May 22, 1973). After 
Congress reauthorized and amended the Clean Water Act in 1977, 
EPA conducted an additional round of public comment on the 
regulation (43 Fed. Reg. 37078, August 21, 1978). In 1979, EPA 
promulgated the final revision that established the regulation 
in its current form (44 Fed. Reg. 32854, June 7, 1979). That 
regulation identifies several types of vessel discharges as 
being subject to NPDES permitting (such as trash, garbage, or 
other discharges related to energy production, mining, or 
seafood production), but specifically excludes discharges 
incidental to the normal operation of a vessel.
    Under EPA regulations, found at 40 CFR 122.3(a), the 
following discharges did not require NPDES permits:
    (a) Any discharge of sewage from vessels, effluent from 
properly functioning marine engines, laundry, shower, and 
galley sink wastes or any other discharge incidental to the 
normal operation of a vessel. This exclusion does not apply to 
rubbish, trash, garbage, or other such materials discharged 
overboard; nor to other discharges when the vessel is operating 
in a capacity other than as a means of transportation such as 
when used as an energy or mining facility, a storage facility 
or a seafood processing facility, or when secured to a storage 
facility or a seafood processing facility, or when secured to 
the bed of the ocean, contiguous zone or waters of the United 
States for the purpose of mineral or oil exploration or 
development.
    In March, 2005, the U.S. District Court for the Northern 
District of California ruled that the Clean Water Act exemption 
for ``discharges incidental to the normal operation of a 
vessel'' exceeded EPA's authority under the Act.
    This decision, Northwest Environmental Advocates v. U.S. 
Environmental Protection Agency, 2005 WL 756614 (N.D. Cal. Mar. 
30, 2005), was primarily focused on the authority of the Clean 
Water Act to regulate discharges of ballast water from vessels. 
The Court concluded that, because of the potential impact that 
invasive species pose to receiving waters, the underlying goals 
of the Clean Water Act to restore and protect the chemical, 
physical, and biological integrity of the nation's waters, and 
the fact that Congress had `` `directly spoken' in the [Clean 
Water Act] and specifically requires NPDES permits for vessels 
discharging pollutants in the nation's waters,'' EPA acted in 
excess of its authority in ``exempting an entire category of 
discharges'' from the NPDES permit program.
    On September 18, 2006, the U.S. District Court for the 
Northern District of California issued an order vacating 
(revoking) the regulatory exclusions for ``discharges 
incidental to the normal operation of a vessel'' found at 40 
CFR 122.3(a) as of September 30, 2008. On November 16, 2006, 
the United States filed a notice of appeal with the U.S. Court 
of Appeals for the Ninth Circuit. Oral arguments before the 
Ninth Circuit Court of Appeals occurred in August 2007, and the 
decision in this case is currently pending.
    According to EPA, a consequence of the Northwest 
Environmental Advocates decision is that all discharges of 
pollutants from vessels, other than those that are specifically 
otherwise addressed by the Clean Water Act (i.e., discharges of 
sewage, oil and hazardous substances, and discharges incidental 
to the normal operation of a vessel of the Armed Forces under 
section 312 of the Act), could potentially be required to have 
a NPDES permit. These NPDES permits could be either individual 
permits or general permits, and would include discharges of 
pollutants from all non-military vessels, including 
approximately 13 million recreational vessels throughout the 
United States.
    The Committee believes that the discharge of pollutants 
from recreational vessels is likely to pose a minimal adverse 
impact on water quality and the environment, even on a 
cumulative basis. Accordingly, the Committee believes that it 
is appropriate to retain the limited exclusion from the NPDES 
requirements of the Clean Water Act for discharges incidental 
to the normal operation of a recreational vessel. However, to 
further minimize any potential adverse impact to water quality 
and the environment, the Committee strongly believes that the 
Administrator must further examine the potential adverse 
impacts of discharges incidental to the normal operation of a 
recreational vessel, and develop (and have implemented by the 
Secretary of the Department in which the United States Coast 
Guard is operating) appropriate management practices to 
mitigate potential adverse impacts on the waters of the United 
States.
    H.R. 5949, the ``Clean Boating Act of 2008'', provides that 
the NPDES permit requirements of section 402 of the Clean Water 
Act shall not apply to recreational vessels. A ``recreational 
vessel'' is defined as any vessel that is manufactured or used 
primarily for pleasure, or is leased, rented, or chartered to a 
person for the pleasure of that person, and excludes any vessel 
that is subject to inspection by the United States Coast Guard 
and that is engaged in commercial use or carries paying 
passengers.
    The Clean Boating Act of 2008 also requires the 
Administrator to: (1) develop management practices for 
recreational vessels to mitigate the adverse impacts on waters 
of the United States of discharges incidental to normal 
recreational vessel operation (excluding sewage) in any case in 
which the Administrator determines that the use of those 
practices is reasonable and practicable; and (2) promulgate 
Federal standards of performance (which may distinguish among 
vessel types, classes, and sizes, as well as new and existing 
vessels) for each discharge for which such a management 
practice is developed.
    In addition, the Clean Boating Act of 2008 directs the 
Secretary of the Department in which the United States Coast 
Guard is operating to promulgate regulations governing the 
design, construction, installation, and use of management 
practices for recreational vessels as necessary to meet such 
standards of performance.
    Finally, the Clean Boating Act of 2008 prohibits operation 
of a recreational vessel in or discharges from a recreational 
vessel into waters of the United States or waters of the 
contiguous zone, other than in compliance with such standards.

                         Summary of Legislation


Section 1. Short title

    This section designates the title of the bill as the 
``Clean Boating Act of 2008.''

Section 2. Discharges incidental to the normal operation of 
        recreational vessels

    This section amends section 402 of the Clean Water Act to 
add a new subsection (r) to provide that no National Pollutant 
Discharge Elimination System permit shall be required by the 
Administrator (or by a State, in the case of an approved permit 
program under subsection 402(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.

Section 3. Definition

    This section defines the term ``recreational vessel'' to 
mean any vessel that is (1) manufactured or used primarily for 
pleasure; or (2) leased, rented, or chartered to a person for 
the pleasure of that person. It excludes from the definition of 
the term ``recreational vessel'' any vessel that is subject to 
inspection by the United States Coast Guard and that is (1) 
engaged in commercial use, or (2) carries paying passengers.

Section 4. Management practices for recreational vessels

    This section amends section 312 of the Clean Water Act to 
add a new subsection (o), which would apply to any discharge, 
other than a discharge of sewage, from a recreational vessel 
that is incidental to the normal operation of the recreational 
vessel; and exempt from NPDES permit requirements of the Act by 
operation of section 402(r) of the Clean Water Act (established 
by section 2 of the Clean Boating Act of 2008).
    New paragraph 312(o)(2) requires the Administrator, in 
consultation with the Secretary of the department in which the 
United States Coast Guard is operating, the Secretary of 
Commerce, and interested States, to determine the discharges 
incidental to the normal operation of a recreational vessel for 
which it is reasonable and practicable to develop management 
practices that mitigate potential adverse impacts on the waters 
of the United States. Such determinations must be promulgated 
in accordance with the Administrative Procedure Act (5 U.S.C. 
Sec. 553). In making his determinations, the Administrator is 
required to consider: (1) the nature of the discharge; (2) the 
environmental effects of the discharge; (3) the practicability 
of using a management practice; (4) the effect that the use of 
a management practice would have on the operation, operational 
capability, or safety of the vessel; (5) applicable Federal and 
State law; (6) applicable international standards; and (7) the 
economic costs of the use of the management practice.
    Initial determinations under new paragraph 312(o)(2) must 
be made not later than one year after the date of enactment. 
Every five years thereafter, the Administrator is required to 
review the determinations and, if necessary, revise the 
determinations based on any new information available to the 
Administrator.
    New subparagraph 312(o)(2)(B) requires the Administrator to 
develop management practices for recreational vessels in any 
case in which the Administrator determines that the use of 
those practices is reasonable and practicable.
    New paragraph 312(o)(3) requires 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, to 
promulgate Federal standards of performance for each management 
practice developed under new paragraph 312(o)(2). Performance 
standards must be promulgated in accordance with the 
Administrative Procedure Act (5 U.S.C. Sec. 553).
    In promulgating performance standards, the Administrator is 
authorized to take into account the classes, types and sizes of 
vessels, and whether the vessels are new or existing, but must 
take into consideration the factors described in new 
subparagraph 312(o)(2)(B). The Clean Boating Act of 2008 
provides the Administrator with authority to waive the 
applicability of the standards as necessary or appropriate to a 
particular class, type, age, or size of vessel.
    The standards of performance for a management practice are 
required to be promulgated not later than one year after the 
date of a determination that the management practice is 
reasonable and practicable. Every five years thereafter, the 
Administrator is required to review the standards and, if 
necessary, revise the standards based on any new information 
available to the Administrator.
    New paragraph 312(o)(4) requires the Secretary of the 
department in which the United States Coast Guard is operating 
to promulgate regulations governing the design, construction, 
installation, and use of management practices for recreational 
vessels as are necessary to meet the standards of performance 
promulgated. Such regulations are required to be promulgated as 
soon as practicable after the Administrator completes his 
rulemaking on performance standards, but not later than one 
year after the date on which the Administrator promulgates such 
standards.
    New subsection 312(o)(5) states that this new subsection 
would not affect the application of section 311 of the Clean 
Water Act to discharges incidental to the normal operation of a 
recreational vessel.
    New subsection 312(o)(6) provides that, after the effective 
date of the regulations promulgated by the Secretary of the 
department in which the United States Coast Guard is operating, 
the owner or operator of a recreational vessel is prohibited 
from operating in, or making 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 new subsection 
312(o).

            Legislative History and Committee Consideration

    On May 1, 2008, Representative Steven LaTourette introduced 
H.R. 5949, the ``Clean Boating Act of 2008''.
    On May 15, 2008, the Committee on Transportation and 
Infrastructure met in open session, and ordered H.R. 5949 
reported favorably to the House by voice vote with a quorum 
present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 5949 or ordering the bill reported. A motion to order 
H.R. 5949 reported favorably to the House was agreed to by 
voice vote with a quorum present.

                    Committee Oversight and Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
clause 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
provide a limited exemption from the National Pollutant 
Discharge Elimination System permitting requirements of the 
Clean Water Act for discharges incidental to the normal 
operation of a recreational vessel, and to establish a 
management program to address any discharges from a 
recreational vessel excluded from the permitting requirements 
of the Act.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 5949 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 3, 2008.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5949, the Clean 
Boating Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 5949--Clean Boating Act of 2008

    H.R. 5949 would direct the Environmental Protection Agency 
(EPA) to investigate discharges of pollution from recreational 
boats to determine what types should be regulated and to 
promulgate standards of performance for managing those 
discharges. The U.S. Coast Guard (USCG) would be responsible 
for enforcing the standards developed by EPA.
    CBO estimates that implementing H.R. 5949 would have no 
significant effect on the federal budget because EPA is already 
required to regulate discharges from recreational boats that it 
deems should be regulated, and either that agency or the USCG 
must enforce such regulations. The two agencies are currently 
carrying out those responsibilities. Enacting the legislation 
would not affect revenues or direct spending.
    The bill contains no intergovernmental or private-sector 
mandates and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 5949, the ``Clean Boating Act of 
2008'', does not contain any congressional earmarks, limited 
tax benefits, or limited tariff benefits as defined in clause 
9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of 
Representatives.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5949 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

FEDERAL WATER POLLUTION CONTROL ACT

           *       *       *       *       *       *       *


TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


                       MARINE SANITATION DEVICES

  Sec. 312. (a) * * *

           *       *       *       *       *       *       *

  (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--
                          (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.

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TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *


            NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

  Sec. 402. (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                          GENERAL DEFINITIONS

    Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
          (1) * * *

           *       *       *       *       *       *       *

          (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.

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