[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 2995

Public Law 110-299
110th Congress

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. [NOTE: July 31, 2008 -  [S. 3298]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. [NOTE: 33 USC 1342 note.]  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. [NOTE: 33 USC 1342 note.]  DISCHARGES INCIDENTAL TO
NORMAL OPERATION OF VESSELS.

(a) No Permit Requirement.--Except [NOTE: Time period.]  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;

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122 STAT. 2996

(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))

[[Page 2997]]
122 STAT. 2997

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 [NOTE: Federal
Register, publication.]  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.

Approved July 31, 2008.

LEGISLATIVE HISTORY--S. 3298:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
July 22, considered and passed Senate and House.