PUBLIC LAW 110–288—JULY 29, 2008 

CLEAN BOATING ACT OF 2008 


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122 STAT. 2650 PUBLIC LAW 110–288—JULY 29, 2008 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. 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— 

33 USC 1251 

note. 

Clean Boating 

Act of 2008. 

July 29, 2008 

[S. 2766] 


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PUBLIC LAW 110–288—JULY 29, 2008 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 MANAGE- MENT 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. 

Deadlines. 


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122 STAT. 2652 PUBLIC LAW 110–288—JULY 29, 2008 

‘‘(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, 

Deadline. 

Deadlines. 


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PUBLIC LAW 110–288—JULY 29, 2008 122 STAT. 2653 

LEGISLATIVE HISTORY—S. 2766: 

SENATE REPORTS: No. 110–398 (Comm. on Environment and Public Works). 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

July 22, considered and passed Senate and House. 

Æ 

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. 


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