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[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.

                                  <all>
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