[110th Congress Public Law 288]
[From the U.S. Government Printing Office]
[DOCID: f:publ288.110]
[[Page 2649]]
CLEAN BOATING ACT OF 2008
[[Page 122 STAT. 2650]]
Public Law 110-288
110th Congress
An Act
To amend the Federal Water Pollution Control Act to address certain
discharges incidental to the normal operation of a recreational
vessel. <<NOTE: July 29, 2008 - [S. 2766]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Clean Boating
Act of 2008.>>
SECTION 1. <<NOTE: 33 USC 1251 note.>> 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--
[[Page 122 STAT. 2651]]
``(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) <<NOTE: Deadlines.>> 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.
[[Page 122 STAT. 2652]]
``(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) <<NOTE: Deadlines.>> 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 <<NOTE: Deadline.>> 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,
[[Page 122 STAT. 2653]]
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.''.
Approved July 29, 2008.
LEGISLATIVE HISTORY--S. 2766:
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SENATE REPORTS: No. 110-398 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 154 (2008):
July 22, considered and passed Senate and House.
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