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[Senate Report 113-284]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 613
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-284

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

 
A BILL TO REMOVE A LIMITATION ON A PROHIBITION RELATING TO PERMITS FOR 
          DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS

                                _______
                                

                December 4, 2014.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2963]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2963) to a bill to remove a limitation on a 
prohibition relating to permits for discharges incidental to 
normal operation of vessels, having considered the same, 
reports favorably thereon and recommends that the bill do pass.

                    General Statement and Background

    P.L. 110-299 (as amended) established a moratorium on Clean 
Water Act National Pollutant Discharge Elimination System 
(NPDES) permitting of non-ballast water discharges from 1) 
fishing vessels and 2) commercial vessels less than 79 feet. 
The current moratorium ends on December 18, 2014. At that time, 
these vessels would be required to hold a permit for any 
discharge. S. 2963 would strike the existing moratorium 
expiration date on NPDES permits for these vessel types.
    A 2006 federal court ruling vacated a long-standing 
Environmental Protection Agency (EPA) rule that exempted 
discharges incidental to the normal operation of vessels from 
permitting requirements of the Clean Water Act. This exemption 
had been challenged over concerns about the effects of invasive 
species transported by vessels and the lack of requirements in 
place to address this problem.
    In response to the Court decision, multiple actions were 
taken to address vessel discharges:
     In July 2008, Public Law 110-288 reduced the scope 
of vessels subject to Clean Water Act permitting by 
establishing a permanent exclusion of recreational vessels from 
permit requirements and directing EPA to instead develop 
mandatory Best Management Practices applicable to these 
vessels.
     EPA addressed new permitting requirements for most 
large, non-recreational vessels, when it issued its Final 
Vessel General Permit (VGP) on December 18, 2008. On March 28, 
2013, EPA re-issued the VGP for another five years, which took 
effect December 19, 2013.
    Congress has extended the initial 2-year permit moratorium 
for small commercial vessels and fishing vessels multiple times 
since it was originally enacted on July 31, 2008. S. 2963 would 
permanently exempt these vessels from the requirement to obtain 
an NPDES permit.

                     Objectives of the Legislation

    This bill will amend Public Law 110-299 to permanently 
exempt discharges incidental to the normal operation of fishing 
vessels and commercial vessels less than 79 feet.

                      Section-by-Section Analysis

Section 1. Discharges incidental to normal operation of vessels

    Section 1 amends Section 2(a) of Public Law 110-299 (33 
U.S.C. 1342) by permanently extending the moratorium on NPDES 
permitting requirements, for non-ballast water discharges from 
1) fishing vessels and 2) commercial vessels less than 79 feet.

                          Legislative History

    S. 2963 was introduced by Senator Barbara Boxer (D-CA) on 
November 20, 2014 with 11 co-sponsors. The bill was received, 
read twice, and referred to the Senate Committee on Environment 
and Public Works.
    On December 2, 2014, the full Committee on Environment and 
Public Works met to consider the bill. The bill was ordered 
reported favorably without amendment by voice vote. All ten 
majority members were present and recorded as ``yea''. Eight 
members were recorded as ``nay''.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2963 on December 2, 2014. The bill was ordered to 
be reported favorably by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2963 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee notes that the Congressional 
Budget Office (CBO) has found, ``S. 2963 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.''
                                                  December 4, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2963, a bill to 
remove a limitation on a prohibition relating to permits for 
discharges incidental to normal operation of vessels.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2963--A bill to remove a limitation on a prohibition relating to 
        permits for discharges incidental to normal operation of 
        vessels

    S. 2963 would permanently extend an existing rule 
prohibiting the Environmental Protection Agency (or a state 
administering the Clean Water Act) from requiring a permit for 
incidental discharges from fishing vessels or commercial 
vessels less than 79 feet long. CBO estimates that enacting 
this legislation would have no significant budgetary effect.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    S. 2963 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for his estimate is Susanne S. 
Mehlman. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *

                              ----------                              

                          [PUBLIC LAW 110-299]

                            [33 U.S.C. 1342]

SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.

  (a) No Permit Requirement.--Except as provided in subsection 
(b), [during the period beginning on the date of the enactment 
of this Act and ending on December 18, 2014,] 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--
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