II

103D CONGRESS

1ST SESSION S. 1459

To make improvements in the protection of coastal waters, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 15 (legislative day, SEPTEMBER 7), 1993

Mr. LAUTENBERG (for himself and Mr. BRADLEY) introduced the following

bill; which was read twice and referred to the Committee on Environment

and Public Works

A BILL

To make improvements in the protection of coastal waters,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Coastal Waters Improvement Act of 1993’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—BEACH TESTING AND MONITORING

Sec. 101. Purpose.

Sec. 102. Water quality criteria and standards.
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Sec. 103. Coastal beach water quality monitoring.

Sec. 104. Study to identify indicators of human-specific pathogens in coastal

recreation waters.

Sec. 105. Grants to States.

Sec. 106. Definitions.

Sec. 107. Authorization of appropriations.

TITLE II—COASTAL PROTECTION

Sec. 201. References to the Federal Water Pollution Control Act.

Sec. 202. Policy.

Sec. 203. Coastal environment toxics release assessment.

Sec. 204. National estuary program.

Sec. 205. Priority marine waters.

Sec. 206. National marine water quality education program.

Sec. 207. Marine sanitation devices.

Sec. 208. Marine water quality criteria and standards.

Sec. 209. Ocean discharge criteria.

Sec. 210. Combined sewer overflow control assistance.

Sec. 211. Definitions.

Sec. 212. Federal agency responsibilities.

Sec. 213. Reports and studies.

TITLE III—POLLUTION FROM SHIPS

Sec. 301. Definition of operator.

Sec. 302. Prevention of pollution from ships.

Sec. 303. Marine plastic pollution research and control.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) the beaches of the United States are a valu4 able public resource used for recreation by millions

5 of people annually;

6 (2) the beaches of coastal States are hosts to

7 many out-of-State and international visitors;

8 (3) tourism in the coastal zone generates bil9 lions of dollars annually;

10 (4) increased population has contributed to the

11 decline in the environmental quality of coastal wa12 ters;
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1 (5) pollution in coastal waters is not restricted

2 by State and other political boundaries;

3 (6) since each coastal State has its own method

4 of testing the quality of its coastal recreation waters,

5 varying degrees of protection are provided to the

6 public;

7 (7) the adoption of standards by coastal States

8 for monitoring the quality of coastal recreation wa9 ters, and the posting of signs at beaches notifying

10 the public during periods when the standards are ex11 ceeded, would enhance public health and safety;

12 (8) the marine and coastal waters of the United

13 States have substantial and direct importance to a

14 large segment of the population of the United

15 States;

16 (9) the marine and coastal waters, including es17 tuaries, are vital and productive natural ecosystems;

18 (10) the marine and near coastal waters sup19 port commercial and recreational fisheries, with an

20 annual value estimated at over $12,000,000,000 per

21 year;

22 (11) the marine and coastal waters support ex23 tensive recreational activities and related support

24 services;
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1 (12) the maintenance and protection of the en2 vironmental quality of the marine and coastal waters

3 of the United States is essential to the commercial

4 and recreational activities the waters support;

5 (13) a report by the Office of Technology As6 sessment of Congress found that the overall health

7 of estuaries and coastal waters is declining or

8 threatened;

9 (14) recent studies and reports provide evidence

10 that many areas of the marine environment have

11 been degraded or are threatened by sources of pollu12 tion, including industrial and municipal waste dis13 posal, urban and agricultural runoff, inadequately

14 controlled development, and habitat destruction;

15 (15) studies by the National Oceanic and At16 mospheric Administration and the Environmental

17 Protection Agency have identified unexpectedly high

18 levels of contaminants in a number of coastal areas;

19 (16) the National Estuary Program is success20 fully addressing water pollution problems in high

21 priority coastal areas and the program should be ex22 panded and strengthened;

23 (17) there is a need to better identify impaired

24 coastal waters and to expand and improve programs
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1 for the control of point and nonpoint sources of pol2 lution to the waters;

3 (18) ocean discharge criteria need to be used

4 more effectively in issuing permits for discharges to

5 impaired coastal waters;

6 (19) discharges of sewage from vessels can im7 pair coastal waters, and controls over the discharges

8 should be improved;

9 (20) there is a need to expand and expedite the

10 process of developing water quality criteria that set

11 enforceable water quality standards for coastal wa12 ters;

13 (21) overflows from combined storm and sani14 tary sewers pose a significant threat to water qual15 ity, and the Federal Government should provide ad16 ditional financial assistance to communities seeking

17 to correct overflow problems;

18 (22) the enforcement by the Coast Guard of the

19 Act to Prevent Pollution from Ships (33 U.S.C.

20 1901 et seq.), as amended by this Act, is critical to

21 the implementation of such Act;

22 (23) the Animal and Plant Health Inspection

23 Service of the Department of Agriculture (referred

24 to in this section as ‘‘APHIS’’) has regular contact
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1 with vessels that are subject to the requirements of

2 such Act;

3 (24) minor changes in procedures under such

4 Act, and improved coordination between APHIS and

5 the Coast Guard, would provide information to the

6 Coast Guard that would facilitate the enforcement of

7 requirements relating to dumping of certain wastes

8 under such Act;

9 (25) the underutilization of adequate waste re10 ception facilities at ports and terminals worldwide is

11 largely a result of—

12 (A) inconsistent fee structures at ports and

13 terminals; and

14 (B) inadequate enforcement of violations of

15 the dumping requirements referred to in para16 graph (24);

17 (26) although each port or terminal that has re18 ceived certification by the Secretary of Transpor19 tation of the adequacy of the port or terminal to ac20 cept for disposal waste that is regulated under such

21 Act, there have been reports from officials of vessels

22 that certain ports and terminals have refused to ac23 cept for disposal certain types of waste; and

24 (27) in light of the situation referred to in

25 paragraph (26) and other reports of insufficient
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1 compliance of ports and terminals with requirements

2 to accept waste, the enforcement of the certification

3 of ports and terminals is inadequate.

4 TITLE I—BEACH TESTING AND

5 MONITORING

6 SEC. 101. PURPOSE.

7 The purpose of this title is to require uniform proce8 dures for beach testing and monitoring to protect public

9 safety and improve the environmental quality of coastal

10 recreation waters.

11 SEC. 102. WATER QUALITY CRITERIA AND STANDARDS.

12 (a) ISSUANCE OF CRITERIA.—Section 304(a) of the

13 Federal Water Pollution Control Act (33 U.S.C. 1314(a))

14 is amended by adding at the end the following new para15 graph:

16 ‘‘(9) COASTAL RECREATION WATERS.—

17 ‘‘(A) IN GENERAL.—Not later than 18

18 months after the date of enactment of this

19 paragraph, the Administrator shall, after con20 sulting with the heads of appropriate Federal

21 agencies, departments and agencies of States,

22 and other interested persons, issue (and review

23 and revise from time to time thereafter) water

24 quality criteria for pathogens in coastal recre25 ation waters. The criteria shall—
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1 ‘‘(i) be based on the best available sci2 entific information;

3 ‘‘(ii) be sufficient to protect public

4 health and safety in the case of any rea5 sonably anticipated exposure to pollutants

6 as a result of swimming, bathing, or other

7 body contact activity; and

8 ‘‘(iii) include specific numeric criteria

9 calculated to reflect public health risks

10 from short-term increases in pathogens in

11 coastal recreation waters resulting from

12 rainfall, malfunctions of wastewater treat13 ment works, and other causes.

14 ‘‘(B) COASTAL RECREATION WATERS DE15 FINED.—As used in this paragraph, the term

16 ‘coastal recreation waters’ means Great Lakes

17 and marine coastal waters commonly used by

18 the public for swimming, bathing, or other simi19 lar body contact purposes.’’.

20 (b) STANDARDS.—

21 (1) ADOPTION OF STANDARDS BY STATES.—

22 (A) IN GENERAL.—Each State shall adopt

23 water quality standards for coastal recreation

24 waters that, at a minimum, are consistent with

25 the criteria published by the Administrator
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1 under paragraph (9) of section 304(a) of the

2 Federal Water Pollution Control Act (33 U.S.C.

3 1314(a)) (as added by subsection (a)) not later

4 than 3 years after the date of the publication

5 of the criteria.

6 (B) DEVELOPMENT OF STANDARDS.—The

7 water quality standards shall be developed in

8 accordance with the requirements of section

9 303(c) of the Federal Water Pollution Control

10 Act (33 U.S.C. 1313(c)).

11 (C) STATE PROGRAMS.—The State shall

12 incorporate the standards into all appropriate

13 programs with respect to which the State incor14 porates water quality standards adopted under

15 section 303(c) of the Federal Water Pollution

16 Control Act (33 U.S.C. 1313(c)).

17 (2) FAILURE OF STATES TO ADOPT STAND18 ARDS.—

19 (A) IN GENERAL.—If a State does not

20 meet the requirements of paragraph (1) by the

21 date that is 3 years after the date of publica22 tion of the criteria under paragraph (9) of sec23 tion 304(a) of the Federal Water Pollution

24 Control Act (33 U.S.C. 1314(a)(9)) (as added

25 by subsection (a)), the Administrator shall issue
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1 water quality standards for coastal recreation

2 waters for the State pursuant to the applicable

3 provisions of section 303 of the Federal Water

4 Pollution Control Act (33 U.S.C. 1313).

5 (B) WATER QUALITY STANDARDS.—The

6 water quality standards issued pursuant to sub7 paragraph (A) for coastal recreation waters

8 shall be consistent with the criteria published

9 by the Administrator under paragraph (9) of

10 section 304(a) of the Federal Water Pollution

11 Control Act (33 U.S.C. 1314(a)).

12 (C) APPLICATION OF STANDARDS.—The

13 State shall apply the standards issued pursuant

14 to subparagraph (A) in carrying out all pro15 grams referred to in paragraph (1)(C).

16 SEC. 103. COASTAL BEACH WATER QUALITY MONITORING.

17 Title IV of the Federal Water Pollution Control Act

18 (33 U.S.C. 1341 et seq.) is amended by adding at the end

19 the following new section:

20 ‘‘SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.

21 ‘‘(a) IN GENERAL.—Not later than 270 days after

22 the date of the issuance of water quality criteria for patho23 gens in coastal recreation waters under section 304(a)(9),

24 the Administrator shall issue regulations specifying meth25 ods to be used by States to monitor coastal recreation wa-
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1 ters for compliance with applicable water quality stand2 ards for the waters and protection of the public safety dur3 ing periods of use by the public. The monitoring require4 ments established pursuant to this subsection shall, at a

5 minimum, specify—

6 ‘‘(1) the frequency of monitoring based on the

7 periods of recreational use of the waters;

8 ‘‘(2) the frequency of monitoring based on the

9 extent and degree of use during the periods;

10 ‘‘(3) the frequency of monitoring based on the

11 proximity of the waters to pollution sources;

12 ‘‘(4) methods for detecting short-term increases

13 in pathogens in the waters; and

14 ‘‘(5) the conditions and procedures under which

15 the Administrator may exempt discrete areas of the

16 waters from the monitoring requirements of this

17 subsection, if the Administrator determines that the

18 exemption will not impair—

19 ‘‘(A) compliance with the applicable water

20 quality standards for the waters; and

21 ‘‘(B) the protection of the public safety.

22 ‘‘(b) NOTIFICATION REQUIREMENTS.—The regula23 tions issued pursuant to subsection (a) shall require each

24 State to notify the appropriate officials of local govern25 ments and the public of violations of applicable water qual-
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1 ity standards for State coastal recreation waters. Each no2 tification shall include, at a minimum—

3 ‘‘(1) prompt communication of the occurrence,

4 nature, and extent of the violation, to a designated

5 official of a local government having jurisdiction over

6 land adjoining the coastal recreation waters for

7 which the violation is identified; and

8 ‘‘(2) the posting of signs, for the period during

9 which the violation continues, sufficient to give no10 tice to the public of a violation of an applicable

11 water quality standard for the waters and the poten12 tial risks associated with body contact recreation in

13 the waters.

14 ‘‘(c) FLOATABLE MATERIALS MONITORING PROCE15 DURES.—As soon as practicable after the date of enact16 ment of this section, the Administrator shall—

17 ‘‘(1) issue guidance on uniform assessment and

18 monitoring procedures for floatable materials in

19 coastal recreation waters; and

20 ‘‘(2) specify the conditions under which the

21 presence of floatable materials constitutes a threat

22 to public health and safety.

23 ‘‘(d) DELEGATION OF RESPONSIBILITY.—A State

24 may delegate responsibility for the monitoring and posting
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1 of coastal recreation waters pursuant to this section to

2 local government authorities.

3 ‘‘(e) REVIEW AND REVISION OF REGULATIONS.—The

4 Administrator shall review and periodically revise the reg5 ulations issued pursuant to this section.

6 ‘‘(f) DEFINITIONS.—As used in this section:

7 ‘‘(1) COASTAL RECREATION WATERS.—The

8 term ‘coastal recreation waters’ means Great Lakes

9 and marine coastal waters commonly used by the

10 public for swimming, bathing, or other similar body

11 contact purposes.

12 ‘‘(2) FLOATABLE MATERIALS.—The term ‘float13 able materials’ means any matter that may float or

14 remain suspended in the water column and includes

15 plastic, aluminum cans, wood, bottles, and paper

16 products.’’.

17 SEC. 104. STUDY TO IDENTIFY INDICATORS OF HUMAN-SPE18 CIFIC PATHOGENS IN COASTAL RECREATION

19 WATERS.

20 (a) STUDY.—The Administrator, in cooperation with

21 the Under Secretary of Commerce for Oceans and Atmos22 phere, shall conduct an ongoing study to provide addi23 tional information to the then current base of knowledge

24 for use in developing better indicators for directly detect-
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1 ing in coastal recreation waters the presence of bacteria

2 and viruses that are harmful to human health.

3 (b) REPORT.—Not later than 4 years after the date

4 of enactment of this Act, and periodically thereafter, the

5 Administrator shall submit to Congress a report describ6 ing the findings of the study under this section. The report

7 shall include—

8 (1) recommendations concerning the need for

9 additional numerical limits or conditions and other

10 actions to improve the quality of coastal recreation

11 waters;

12 (2) a description of the amounts and types of

13 floatable materials in coastal waters and on coastal

14 beaches and of recent trends in the amounts and

15 types of the floatable materials; and

16 (3) an evaluation of State efforts to carry out

17 this title and amendments made by this title.

18 SEC. 105. GRANTS TO STATES.

19 (a) IN GENERAL.—The Administrator may make a

20 grant to a State to assist the State in meeting the require21 ments of sections 102 and 103 and the amendments made

22 by such sections.

23 (b) COST SHARING.—The total amount of grants

24 awarded to a State under this section for a fiscal year

25 shall not exceed 50 percent of the cost to the State of
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1 carrying out the requirements of sections 102 and 103 and

2 the amendments made by such sections.

3 SEC. 106. DEFINITIONS.

4 As used in this title:

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency.

8 (2) COASTAL RECREATION WATERS.—The term

9 ‘‘coastal recreation waters’’ means Great Lakes and

10 marine coastal waters commonly used by the public

11 for swimming, bathing, or other similar body contact

12 purposes.

13 (3) FLOATABLE MATERIALS.—The term ‘‘float14 able materials’’ means any matter that may float or

15 remain suspended in the water column and includes

16 plastic, aluminum cans, wood, bottles, and paper

17 products.

18 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to the Envi20 ronmental Protection Agency—

21 (1) to carry out section 105, an amount not to

22 exceed $3,000,000 for each of fiscal years 1994 and

23 1995; and

24 (2) to carry out sections 102 through 104 and

25 the amendments made by such sections, an amount
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1 not to exceed $1,000,000 for each of fiscal years

2 1994 and 1995.

3 TITLE II—COASTAL PROTECTION

4 SEC. 201. REFERENCES TO THE FEDERAL WATER POLLU5 TION CONTROL ACT.

6 Whenever in this title an amendment or repeal is ex7 pressed in terms of an amendment to, or repeal of, a sec8 tion or other provision, the reference shall be considered

9 to be made to a section or other provision of the Federal

10 Water Pollution Control Act (33 U.S.C. 1251 et seq.), ex11 cept to the extent otherwise specifically provided.

12 SEC. 202. POLICY.

13 It is the policy of the United States to restore, main14 tain, and protect the integrity of the marine environment

15 to ensure that the ecological, commercial, and recreational

16 values of these resources are not impaired by pollution.

17 SEC. 203. COASTAL ENVIRONMENT TOXICS RELEASE AS18 SESSMENT.

19 Title III (33 U.S.C. 1311 et seq.) is amended by add20 ing at the end the following new section:

21 ‘‘SEC. 321. COASTAL ENVIRONMENT TOXICS RELEASE

22 STRATEGY.

23 ‘‘(a) COASTAL ENVIRONMENT TOXICS RELEASE

24 STRATEGY.—Not later than 1 year after the date of enact25 ment of this section, the Administrator shall prepare and
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1 submit to Congress a coastal environment toxics release

2 strategy (referred to in this section as the ‘strategy’). The

3 strategy shall include a plan developed by the Adminis4 trator for using the information from toxic chemical re5 lease forms and reports prepared pursuant to section 313

6 of the Emergency Planning and Community Right-To7 Know Act of 1986 (42 U.S.C. 11023) to improve pro8 grams of the Environmental Protection Agency concerning

9 the coastal environment.

10 ‘‘(b) ASSESSMENT.—

11 ‘‘(1) IN GENERAL.—Not later than 1 year after

12 the date of enactment of this section, and annually

13 thereafter, the Administrator shall prepare an as14 sessment of the extent and environmental effect of

15 discharges by industrial categories that discharge

16 into marine waters, or to publicly owned treatment

17 works that discharge into marine waters (or both),

18 and that are required to report the discharges pur19 suant to the requirements for reporting releases of

20 toxic chemicals under section 313 of the Emergency

21 Planning and Community Right-To-Know Act of

22 1986 (42 U.S.C. 11023).

23 ‘‘(2) IDENTIFICATION OF CATEGORIES AND

24 AREAS.—The assessment shall identify the relative

25 contribution of pollutants from industrial categories
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1 and the geographical areas that receive the greatest

2 quantities of the discharges.

3 ‘‘(3) INCLUSION IN REPORTS.—The assessment

4 prepared under this subsection may be included in

5 a report published pursuant to section 313 of the

6 Emergency Planning and Community Right-To7 Know Act of 1986 (42 U.S.C. 11023).

8 ‘‘(c) USE OF INFORMATION.—The Administrator

9 shall use information in the assessment prepared under

10 subsection (b) to—

11 ‘‘(1) verify information included in permits is12 sued by the Administrator or by a State authorized

13 to issue permits under section 402;

14 ‘‘(2) improve programs for the control of toxic

15 pollutants;

16 ‘‘(3) identify other water quality programs (in17 cluding programs established pursuant to sections

18 301, 303, 304, 306, and 307) and adopt measures

19 to ensure that data concerning the discharge of toxic

20 pollutants is incorporated into the programs;

21 ‘‘(4) identify pollutants for which water quality

22 criteria have not been published; and

23 ‘‘(5) target compliance and enforcement ac24 tions.’’.
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1 SEC. 204. NATIONAL ESTUARY PROGRAM.

2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

3 320(i) (33 U.S.C. 1330(i)) is amended—

4 (1) by striking ‘‘, and 1991’’ and inserting

5 ‘‘1991, 1992, and 1993 and $25,000,000 for each of

6 fiscal years 1994 through 2000’’; and

7 (2) by striking the last sentence.

8 (b) PRIORITY MARINE WATERS.—Section

9 320(a)(2)(A) (33 U.S.C. 1330(a)(2)(A)) is amended by

10 adding at the end the following new sentence: ‘‘Beginning

11 on the date that is 1 year after the date of enactment

12 of this sentence, the Administrator may not convene a

13 management conference pursuant to this section for any

14 estuary that is not listed as a priority marine water under

15 section 304(n).’’.

16 (c) FINANCIAL PLAN.—Section 320(b)(5) (33 U.S.C.

17 1330(b)(5)) is amended by inserting before the semicolon

18 the following: ‘‘, including a detailed financial plan indicat19 ing the anticipated Federal, State, and local funds needed

20 to implement identified corrective actions’’.

21 (d) RESEARCH.—Subsection (j) of section 320 (33

22 U.S.C. 1330(j)) is amended to read as follows:

23 ‘‘(j) RESEARCH.—

24 ‘‘(1) RESEARCH PROGRAM.—The Administrator

25 shall implement a coordinated program of research

26 and monitoring to support the assessment of each
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1 estuary for which a management conference is con2 vened pursuant to this section.

3 ‘‘(2) CONTENT OF PROGRAM.—The research

4 program implemented under this subsection shall in5 clude—

6 ‘‘(A) a comprehensive program of water

7 and sediment quality monitoring to determine—

8 ‘‘(i) variations in pollutant concentra9 tions, marine ecology, and other physical

10 or biological environmental parameters

11 that may affect the estuary; and

12 ‘‘(ii) the potential and actual effects

13 of alternative management strategies and

14 measures;

15 ‘‘(B) a program of ecosystem assessment

16 to assist in the development of—

17 ‘‘(i) baseline studies to determine the

18 biological conditions in the estuary and the

19 effects of natural and anthropogenic

20 changes; and

21 ‘‘(ii) predictive models that are capa22 ble of translating information concerning

23 specific discharges or general pollutant

24 loadings within the estuary into a set of
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1 probable effects on biological conditions in

2 the waters of the estuary;

3 ‘‘(C) a program of research to identify the

4 movements of nutrients, sediments, and pollut5 ants through the estuary and the impact of nu6 trients, sediments, and pollutants on water

7 quality and designated or potential uses of the

8 waters of the estuary; and

9 ‘‘(D) a program of research to determine

10 the water quality and habitat requirements nec11 essary for the attainment and maintenance of

12 designated uses and the continued viability and

13 enhancement of living resources.

14 ‘‘(3) COOPERATIVE ACTIVITY.—In implement15 ing the research program under this subsection, the

16 Administrator shall cooperate with each affected

17 management conference and State, and the heads of

18 appropriate Federal agencies, including the Under

19 Secretary and the Director of the United States

20 Fish and Wildlife Service.’’.

21 (e) REPORT TO CONGRESS.—Section 320 (33 U.S.C.

22 1330) is amended—

23 (1) by redesignating subsection (k) as sub24 section (l); and
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1 (2) by inserting after subsection (j) the follow2 ing new subsection:

3 ‘‘(k) REPORTS.—

4 ‘‘(1) IN GENERAL.—Not later than 18 months

5 after the date of enactment of this paragraph, and

6 biennially thereafter, the Administrator shall submit

7 to Congress a comprehensive report concerning the

8 activities authorized under this section. The report

9 shall include—

10 ‘‘(A) a list of estuaries considered for ac11 tion pursuant to this section;

12 ‘‘(B) a list and description of the estuaries

13 considered and selected for management con14 ferences pursuant to this section;

15 ‘‘(C) an evaluation of the research, mon16 itoring, and pollution abatement measures im17 plemented pursuant to this section;

18 ‘‘(D) an assessment and description of

19 each management conference in progress at the

20 time of submission of the report; and

21 ‘‘(E) a report on the implementation of

22 conservation and management plans for the es23 tuaries.
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1 ‘‘(2) PRIORITY MARINE WATERS.—The Admin2 istrator shall include in each report prepared under

3 this subsection—

4 ‘‘(A) a list of the waters listed as priority

5 marine waters under section 304(n);

6 ‘‘(B) a description of the measures taken

7 to restore the quality of the waters; and

8 ‘‘(C) recommendations concerning addi9 tional protective measures for priority marine

10 waters.’’.

11 (f) GRANTS.—Section 320(g) (33 U.S.C. 1330(g)) is

12 amended by striking paragraphs (2) and (3) and inserting

13 the following new paragraphs:

14 ‘‘(2) PURPOSES.—A grant awarded under this

15 section may be used to—

16 ‘‘(A) support an initial 5-year management

17 conference and the development of a conserva18 tion and management plan under this section;

19 and

20 ‘‘(B) maintain the operation of the man21 agement conference after receiving approval by

22 the Administrator of a conservation and man23 agement plan pursuant to subsection (f), and

24 oversee the implementation of the conservation

25 and management plan.
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1 ‘‘(3) DEVELOPMENT OF CONSERVATION AND

2 MANAGEMENT PLANS.—

3 ‘‘(A) IN GENERAL.—The Federal share of

4 a grant awarded under paragraph (2)(A) for a

5 fiscal year shall be—

6 ‘‘(i) in an amount not to exceed 75

7 percent of the annual cost of the manage8 ment conference referred to in paragraph

9 (2)(A); and

10 ‘‘(ii) awarded on the condition that

11 the non-Federal share of the cost of the

12 management conference shall be paid from

13 non-Federal sources.

14 ‘‘(B) DURATION.—A person referred to in

15 paragraph (1) (including a State, interstate, or

16 regional agency or entity) may be awarded a

17 grant under paragraph (2)(A) for a period of

18 not to exceed 5 fiscal years.

19 ‘‘(4) GRANTS TO MAINTAIN OPERATION OF

20 MANAGEMENT CONFERENCE.—

21 ‘‘(A) PROHIBITION.—If, in the judgment

22 of the Administrator, a person referred to in

23 paragraph (1) (including a State, interstate, or

24 regional agency or entity) has—
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1 ‘‘(i) not received approval by the Ad2 ministrator for a conservation and man3 agement plan pursuant to subsection (f);

4 or

5 ‘‘(ii) failed substantially to implement

6 a conservation and management plan that

7 has been approved pursuant to subsection

8 (f),

9 the Administrator may not award a grant to

10 the person under paragraph (2)(B).

11 ‘‘(B) FEDERAL SHARE.—The Federal

12 share of a grant awarded under paragraph

13 (2)(B) for a fiscal year shall be—

14 ‘‘(i) in an amount not to exceed 50

15 percent of the annual costs of the manage16 ment conference; and

17 ‘‘(ii) awarded on the condition that

18 the non-Federal share of the cost of the

19 management conference shall be paid from

20 non-Federal sources.

21 ‘‘(C) LIMITATION.—The amount of a grant

22 awarded under paragraph (2)(B) for any fiscal

23 year may not exceed an amount equal to 30

24 percent of the average annual amount of any
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1 grants received by the person under paragraph

2 (2)(A).

3 ‘‘(5) REPORT TO THE ADMINISTRATOR.—Each

4 person who receives a grant under this subsection

5 shall be required, as a condition of receiving the

6 grant, to submit a report to the Administrator, not

7 later than 18 months after receipt of the grant

8 award, describing the progress of the grant recipient

9 in carrying out the purposes of the grant.’’.

10 SEC. 205. PRIORITY MARINE WATERS.

11 Section 304 (33 U.S.C. 1314) is amended by adding

12 at the end the following new subsection:

13 ‘‘(n) PRIORITY MARINE WATERS.—

14 ‘‘(1) IN GENERAL.—The Administrator shall,

15 not later than 1 year after the date of enactment of

16 this subsection, and biennially thereafter, identify

17 and list, pursuant to this subsection, each marine

18 water that—

19 ‘‘(A) does not support the protection and

20 propagation of a balanced, indigenous popu21 lation of shellfish, fish, and wildlife, and allow

22 for recreational activities in and on the water;

23 or

24 ‘‘(B) in the judgment of the Administrator,

25 is not likely to have the capability of ensuring
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1 the future protection of a balanced, indigenous

2 population of shellfish, fish, and wildlife and

3 allow for recreational activities in and on the

4 water.

5 ‘‘(2) SELECTION.—In selecting a marine water

6 pursuant to paragraph (1), the Administrator shall

7 consider—

8 ‘‘(A) water quality impairment, including

9 information provided in the national toxic

10 chemical inventory established pursuant to sec11 tion 313(j) of the Emergency Planning and

12 Community Right-To-Know Act of 1986 (42

13 U.S.C. 11023(j));

14 ‘‘(B) the presence of toxic or other con15 taminants in sediment and the potential for mi16 gration of the contamination to water or aquat17 ic organisms;

18 ‘‘(C) the condition of aquatic life and relat19 ed habitat, including the presence of threatened

20 or endangered species;

21 ‘‘(D) the likely effect of contaminants on

22 human health, aquatic life, and related habitat,

23 recreational and commercial opportunities, and

24 marine ecological values;
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1 ‘‘(E) the presence of floatables in the area

2 that adversely affect commercial and rec3 reational opportunities; and

4 ‘‘(F) anticipated total increases in pollu5 tion loadings and floatables in the area.

6 ‘‘(3) PUBLIC REVIEW.—In listing a marine

7 water under paragraph (1), the Administrator

8 shall—

9 ‘‘(A) provide for public review and com10 ment; and

11 ‘‘(B) consult with appropriate officials of

12 States and the Under Secretary throughout the

13 listing process.

14 ‘‘(4) DUTIES OF THE ADMINISTRATOR AND

15 STATES.—

16 ‘‘(A) IN GENERAL.—The Administrator (or

17 a State authorized to issue permits under sec18 tion 402) shall, with respect to waters that have

19 been listed under this subsection—

20 ‘‘(i) implement the requirements of

21 section 403 when issuing or reissuing a

22 permit for point source discharges to the

23 waters; and

24 ‘‘(ii) notwithstanding any exemption

25 established pursuant to section 402(p), not
29

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1 later than 1 year after the listing of a

2 water under this subsection, issue permits

3 for industrial and municipal discharges of

4 stormwater to the water in a manner con5 sistent with section 402(p).

6 ‘‘(B) DUTIES OF THE ADMINISTRATOR.—

7 The Administrator shall, with respect to each

8 water that has been listed under this sub9 section—

10 ‘‘(i) not later than 180 days after list11 ing the water under this subsection, con12 sider prohibiting the use of the water as a

13 disposal site or restricting the use of any

14 water designated pursuant to this section

15 as a disposal site;

16 ‘‘(ii) not later than 180 days after the

17 listing, prohibit the discharge of sewage

18 from vessels pursuant to section 312(f)(4);

19 ‘‘(iii) in the case of a State that does

20 not have an assessment or management

21 program that has been approved by the

22 Administrator under subsection (a) or (b)

23 of section 319, conduct an assessment and

24 develop and implement a management pro-
30

•S 1459 IS

1 gram for the watershed area of the listed

2 water; and

3 ‘‘(iv) require that each publicly owned

4 treatment works that discharges to the

5 listed water and that serves 1 (or more)

6 significant industrial user, as defined by

7 the Administrator, to develop and enforce,

8 without regard to the volume of the dis9 charges of or the population served by the

10 treatment works, a program for the

11 pretreatment of industrial wastes pursuant

12 to section 307 as expeditiously as prac13 ticable.

14 ‘‘(C) DUTIES OF THE STATE.—Each State

15 shall review water quality standards applicable

16 to waters listed under this subsection, and, not

17 later that 3 years after the listing, designate

18 uses and adopt standards for any pollutant for

19 which the Administrator has established criteria

20 pursuant to section 304 if the pollutant is

21 present, or is reasonably likely to be present, in

22 the waters.

23 ‘‘(5) RESCISSION OF LISTING.—The Adminis24 trator may, after consultation with appropriate State

25 officials, and after providing for public review and
31

•S 1459 IS

1 comment, rescind the listing of a marine water

2 under this subsection if the Administrator deter3 mines that—

4 ‘‘(A) the environmental quality of the

5 water has been restored;

6 ‘‘(B) water quality standards adopted pur7 suant to section 303 are attained and will be

8 maintained; and

9 ‘‘(C) the water will ensure the protection

10 and propagation of a balanced indigenous popu11 lation of fish, shellfish, and wildlife and will

12 provide for recreational activities in and on the

13 water on a continuing basis.’’.

14 SEC. 206. NATIONAL MARINE WATER QUALITY EDUCATION

15 PROGRAM.

16 Title V (33 U.S.C. 1361 et seq.) is amended—

17 (1) by redesignating section 519 as section 520;

18 and

19 (2) by inserting after section 518 the following

20 new section:

21 ‘‘SEC. 519. NATIONAL MARINE WATER QUALITY EDUCATION

22 PROGRAM.

23 ‘‘(a) GENERAL AUTHORITY.—The Administrator

24 shall establish a national program to provide information,
32

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1 education, and technical assistance to owners of marine

2 land.

3 ‘‘(b) IDENTIFICATION.—Any owner of marine land

4 may submit to the Administrator an application for par5 ticipation in the education program established under this

6 section. Each application submitted under this subsection

7 shall contain basic information, including—

8 ‘‘(1) the location and size of the marine land;

9 ‘‘(2) the physical characteristics of the marine

10 land;

11 ‘‘(3) known wildlife habitat or other significant

12 natural features or characteristics of the marine

13 land; and

14 ‘‘(4) proof of ownership of the marine land.

15 ‘‘(c) INFORMATION AND EDUCATION.—

16 ‘‘(1) IN GENERAL.—The Administrator shall es17 tablish and carry out an information and education

18 program to provide owners of marine land with in19 formational and educational materials concerning—

20 ‘‘(A) land management and related prac21 tices to prevent water pollution and protect

22 habitat;

23 ‘‘(B) activities and practices to protect and

24 foster the development of aquatic life and wild25 life;
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•S 1459 IS

1 ‘‘(C) measures to preserve and protect sig2 nificant natural features of land or significant

3 natural resources;

4 ‘‘(D) the activities of Federal agencies,

5 State departments and agencies, and political

6 subdivisions of States to protect marine waters,

7 including activities under sections 303, 319,

8 320, 402, and 404; and

9 ‘‘(E) the requirements of Federal law and

10 the laws of States concerning land manage11 ment, discharges to water, and other related ac12 tivities.

13 ‘‘(2) REGION-SPECIFIC INFORMATION.—The

14 Administrator may, as appropriate, adjust the infor15 mation required pursuant to this subsection to apply

16 to land within a specific region of the United States

17 or a specific State.

18 ‘‘(d) STATE PARTICIPATION.—At the request of a

19 Governor of a State, the Administrator may delegate the

20 operation of an information and education program that

21 meets the requirements of subsection (c) to a State. The

22 cost associated with activities carried out by the State pur23 suant to this section shall be eligible for funding under

24 section 106.
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1 ‘‘(e) MARINE LAND DEFINED.—As used in this sec2 tion, the term ‘marine land’ means real property that bor3 ders on a marine water.’’.

4 SEC. 207. MARINE SANITATION DEVICES.

5 (a) PROHIBITION OF DISCHARGE TO DESIGNATED

6 WATERS.—

7 (1) IN GENERAL.—Section 312(f)(3) (33 U.S.C.

8 1322(f)(3)) is amended—

9 (A) by striking ‘‘, except that’’ and all that

10 follows through the end of the paragraph and

11 inserting a period; and

12 (B) by adding at the end the following new

13 sentence: ‘‘The State and the Secretary of the

14 Department in which the Coast Guard is oper15 ating shall enforce this paragraph.’’.

16 (2) SEWAGE.—Paragraph (4)(A) of section

17 312(f) (33 U.S.C. 1322(f)(4)(A)) is amended to

18 read as follows:

19 ‘‘(4)(A) In the case of a water listed under section

20 304(n), not later than 18 months after the listing, the Ad21 ministrator shall, by regulation, completely prohibit the

22 discharge of sewage (whether treated or untreated) from

23 a vessel into the listed water.’’.

24 (3) UNLAWFUL ACTS.—Section 312(h) (33

25 U.S.C. 1322(h)) is amended—
35

•S 1459 IS

1 (A) by striking ‘‘and’’ at the end of para2 graph (3);

3 (B) by striking the period at the end of

4 paragraph (4) and inserting a semicolon; and

5 (C) by adding at the end the following new

6 paragraphs:

7 ‘‘(5) for any person to discharge sewage

8 (whether treated or untreated) into a water des9 ignated pursuant to subsection (f)(4); and

10 ‘‘(6) for any person to discharge sewage that

11 has not been treated by a marine sanitation device

12 required under this section.’’.

13 (4) CONFORMING AMENDMENT.—Section

14 301(a) (33 U.S.C. 1311(a)) is amended by inserting

15 ‘‘312,’’ after ‘‘307,’’.

16 (b) CIVIL PENALTIES.—Subsection (j) of section 312

17 (33 U.S.C. 1322(j)) is amended to read as follows:

18 ‘‘(j)(1) Any person who violates subsection (g) or (h)

19 shall be liable for a civil penalty in an amount not to ex20 ceed $5,000 for each violation. Each violation shall con21 stitute a separate offense.

22 ‘‘(2) No penalty shall be assessed under this sub23 section until the person charged has received notice of the

24 violation and has had an opportunity for a hearing on the

25 charge.
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1 ‘‘(3) The following shall be considered in a determina2 tion of the amount of a penalty under this subsection:

3 ‘‘(A) The gravity of the violation.

4 ‘‘(B) Any previous violations of the person who

5 is subject to the penalty.

6 ‘‘(C) The demonstrated good faith of the person

7 who is subject to the penalty in attempting to

8 achieve rapid compliance after notification of the

9 violation.’’.

10 (c) ENFORCEMENT.—Subsection (k) of section 312

11 (33 U.S.C. 1322(k)) is amended to read as follows:

12 ‘‘(k)(1) The Secretary of the department in which the

13 Coast Guard is operating (referred to in this subsection

14 as the ‘Secretary’) shall carry out the enforcement of this

15 section. The head of another Federal agency may enter

16 into an agreement with the Secretary to—

17 ‘‘(A) detail to the Secretary, with or without re18 imbursement, law enforcement officers or personnel

19 to assist the Secretary in carrying out this section;

20 and

21 ‘‘(B) provide facilities for use by the Secretary

22 in carrying out this section.

23 ‘‘(2) All amounts collected by the Secretary or an au24 thorized representative of the Secretary under this section

25 shall be deposited into a special fund of the Treasury of
37

•S 1459 IS

1 the United States to be known as the ‘Vessel Pollution

2 Enforcement Fund’. The fund shall be available for appro3 priation to the Coast Guard to carry out the activities re4 ferred to in subsection (o).

5 ‘‘(3) Subject to the conditions described in paragraph

6 (4), the Administrator may delegate to a State the en7 forcement of the prohibitions under paragraphs (4)

8 through (6) of subsection (h).

9 ‘‘(4) The Secretary shall require a State that pro10 poses to carry out the enforcement activities referred to

11 in paragraph (3) to submit such documentation as the

12 Secretary considers appropriate to establish that the State

13 has established a State fund into which amounts equal to

14 the amounts of penalties from enforcement actions carried

15 out by the State under paragraph (3) shall be transferred

16 for use by the State to carry out enforcement activities

17 under paragraph (3).’’.

18 (d) MARINE SANITATION DEVICES.—

19 (1) TECHNOLOGY IMPROVEMENTS.—Section

20 312(c)(1)(A) (33 U.S.C. 1322(c)(1)(A)) is amended

21 by adding at the end the following new sentence:

22 ‘‘The standards and regulations referred to in this

23 subparagraph shall be reviewed and revised to reflect

24 improvements in technology relating to marine sani25 tation devices not later than 3 years after the date
38

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1 of enactment of this sentence, and every 7 years

2 thereafter.’’.

3 (2) REVIEW.—Section 312(c)(2) (33 U.S.C.

4 1322(c)(2)) is amended by adding at the end the fol5 lowing new sentences: ‘‘Except for a waiver for an

6 individual vessel, the Secretary of the department in

7 which the Coast Guard is operating shall review each

8 waiver of a standard or regulation under this sec9 tion. If the Secretary considers that a revision of the

10 waiver would be appropriate to take into account

11 technology relating to marine sanitation devices, the

12 Secretary shall revise the waiver.’’.

13 (3) DEADLINE.—Section 312(b)(1) (33 U.S.C.

14 1322(b)(1)) is amended by inserting before the pe15 riod at the end the following: ‘‘not later than 2 years

16 after the date of establishment or revision of the

17 standards’’.

18 (e) MARINE SANITATION DEVICE PUMPOUT STA19 TIONS.—

20 (1) COAST GUARD FACILITIES.—Section 312

21 (33 U.S.C. 1322) is amended by adding at the end

22 the following new subsection:

23 ‘‘(n)(1) Beginning on the date that is 4 years after

24 the date of enactment of this subsection, the Secretary of

25 the department in which the Coast Guard is operating
39

•S 1459 IS

1 shall provide for a public use pumpout station for marine

2 sanitation devices at each Coast Guard installation.

3 ‘‘(2) The Secretary of the department in which the

4 Coast Guard is operating may, with the concurrence of

5 the Administrator, waive the requirement under para6 graph (1) if the Coast Guard installation—

7 ‘‘(A) is not located adjacent to navigable wa8 ters;

9 ‘‘(B) lacks sufficient and appropriate dock ca10 pacity; and

11 ‘‘(C) would be substantially prevented from con12 ducting other essential activities.’’.

13 (2) FINANCIAL ASSISTANCE.—

14 (A) GENERAL AUTHORITY FOR CAPITAL15 IZATION GRANTS TO STATES.—Section 601(a)

16 (33 U.S.C. 1381(a)) is amended—

17 (i) in paragraph (2), by striking

18 ‘‘and’’ at the end; and

19 (ii) by inserting before the period at

20 the end the following: ‘‘, and (4) for imple21 menting a marine sanitation pumpout sta22 tion plan approved pursuant to section

23 5603(c) of the Clean Vessel Act of 1992

24 (Public Law 102–587; 33 U.S.C. 1322

25 note)’’.
40

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1 (B) WATER POLLUTION CONTROL REVOLV2 ING FUNDS.—The first sentence of section

3 603(c) (33 U.S.C. 1383(c)) is amended—

4 (i) in paragraph (2), by striking

5 ‘‘and’’ at the end; and

6 (ii) by inserting before the period at

7 the end the following: ‘‘, and (4) for imple8 menting a marine sanitation pumpout sta9 tion plan approved pursuant to section

10 5603(c) of the Clean Vessel Act of 1992

11 (Public Law 102–587; 33 U.S.C. 1322

12 note)’’.

13 (f) EDUCATION.—Section 312 (33 U.S.C. 1322), as

14 amended by subsection (e), is further amended by adding

15 at the end the following new subsection:

16 ‘‘(o) The Secretary of the department in which the

17 Coast Guard is operating, in consultation with the Admin18 istrator, shall implement a comprehensive program of in19 formation and education to—

20 ‘‘(1) encourage compliance with the require21 ments of this section; and

22 ‘‘(2) foster an increased understanding of the

23 importance of water quality and methods of prevent24 ing water pollution.’’.
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1 (g) DEFINITIONS.—Section 312(a) (33 U.S.C.

2 1322(a)) is amended—

3 (1) in paragraph (1), by inserting ‘‘applicable’’

4 after ‘‘promulgation of’’;

5 (2) by striking the period at the end of para6 graph (11) and inserting a semicolon; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(12) ‘pumpout station’ has the same meaning

10 as is provided the term in section 5608(6) of the

11 Clean Vessel Act of 1992 (Public Law 102–587; 33

12 U.S.C. 1322 note).’’.

13 SEC. 208. MARINE WATER QUALITY CRITERIA AND STAND14 ARDS.

15 (a) MARINE WATER QUALITY CRITERIA.—Section

16 304(a) (33 U.S.C. 1314(a)), as amended by section

17 102(a), is further amended—

18 (1) in paragraph (1), by inserting after ‘‘water

19 quality’’ the following: ‘‘, including criteria for ma20 rine water quality,’’; and

21 (2) by adding at the end the following new

22 paragraphs:

23 ‘‘(10)(A) Not later than 1 year after the date of en24 actment of this paragraph, the Administrator shall submit

25 to Congress a 5-year plan and schedule for the develop-
42

•S 1459 IS

1 ment, review, and revision of criteria for pollutants found

2 in marine waters.

3 ‘‘(B) The plan shall—

4 ‘‘(i) ensure that criteria for the pollutants are

5 published as expeditiously as practicable; and

6 ‘‘(ii) give priority to pollutants that pose the

7 greatest threat to the marine environment.

8 ‘‘(C) The Administrator shall consult with the Under

9 Secretary and the Governor of each interested State in

10 developing the plan. In addition, the Administrator shall

11 take into consideration—

12 ‘‘(i) the toxic pollutants identified in lists, sub13 mitted pursuant to subsection (l), of navigable wa14 ters for which a State does not expect the applicable

15 standard will be met; and

16 ‘‘(ii) the marine environment toxics release in17 ventory assessment prepared pursuant to section

18 321.

19 ‘‘(11)(A)(i) In the case of a pollutant for which cri20 teria and information under subsection (a) have not been

21 published, any person may petition the Administrator to

22 develop and publish criteria applicable to marine waters

23 for the pollutant pursuant to subsection (a). The Adminis24 tration shall approve the petition if the pollutant poses a
43

•S 1459 IS

1 significant threat to the quality of marine waters, human

2 health, or the environment.

3 ‘‘(ii) Not later than 180 days after receiving the peti4 tion, the Administrator shall approve or deny the petition

5 and publish a notice in the Federal Register of the ap6 proval or denial.

7 ‘‘(B) If the Administrator fails to publish notice of

8 a decision to approve or deny a petition under this para9 graph, the petition shall be deemed to have been approved.

10 If the Administrator approves a petition pursuant to this

11 paragraph, the Administrator shall, as expeditiously as

12 practicable, and in a manner consistent with the plan de13 veloped under this subsection, publish criteria and infor14 mation for the pollutant pursuant to this section.

15 ‘‘(12) In the case of a pollutant for which aquatic

16 life criteria have been published on the date of enactment

17 of this paragraph, the Administrator shall, not later than

18 3 years after the date of enactment of this paragraph, re19 vise the criteria and publish the revisions of the criteria,

20 if the Administrator determines the revisions to be nec21 essary to ensure that the criteria address marine waters.

22 ‘‘(13) After the date of enactment of this paragraph,

23 the Administrator shall require that any criteria and infor24 mation published pursuant to this subsection shall address

25 marine waters.’’.
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1 (b) MARINE WATER QUALITY STANDARDS.—

2 (1) IN GENERAL.—Section 303 (33 U.S.C.

3 1313) is amended—

4 (A) by redesignating subsection (h) as sub5 section (i); and

6 (B) by inserting after subsection (g) the

7 following new subsection:

8 ‘‘(h)(1) Not later than 3 years after the date of enact9 ment of this paragraph, each State that borders on marine

10 waters shall establish standards for marine water quality,

11 including designated uses for the waters and numerical

12 criteria to protect the uses, for any pollutant for which

13 information is published pursuant to section 304(a).

14 ‘‘(2) Not later than 3 years after the date of publica15 tion of criteria and information pursuant to section

16 304(a), each State that borders on marine waters shall

17 establish numerical water quality standards, based on the

18 criteria and information, that are adequate to ensure the

19 attainment of the uses identified in paragraph (1).

20 ‘‘(3) If a State fails to comply with paragraph (1)

21 or (2), the Administrator shall establish numerical water

22 quality standards not later than 1 year after the date on

23 which the State was to establish the standards.

24 ‘‘(4) The Administrator shall promulgate water qual25 ity standards for marine waters that are not under the
45

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1 control of any State that shall ensure the protection and

2 propagation of a balanced, indigenous population of fish,

3 shellfish, and wildlife and provide for recreation in and

4 on the waters.’’.

5 (2) CONFORMING AMENDMENT.—Section

6 302(a) (33 U.S.C. 1312(a)) is amended by inserting

7 ‘‘or section 303(i)’’ after ‘‘section 304(l)’’.

8 SEC. 209. OCEAN DISCHARGE CRITERIA.

9 (a) CLARIFICATION OF SCOPE.—Subsection (a) of

10 section 403 (33 U.S.C. 1343(a)) is amended to read as

11 follows:

12 ‘‘(a) No permit shall be issued under section 402 for

13 a discharge into the territorial sea, the waters of the con14 tiguous zone, the oceans, or any water listed under section

15 304(n), if the Administrator finds, on the basis of assess16 ment of the criteria established in subsections (c) and (d),

17 that the discharge may reasonably be expected to pre18 vent—

19 ‘‘(1) the protection and propagation of a bal20 anced, indigenous population of shellfish, fish, and

21 wildlife and recreational activity in and on the water;

22 or

23 ‘‘(2) the attainment of standards established

24 pursuant to section 303.’’.
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1 (b) BIOLOGICAL TESTING.—Section 403(c)(1) (33

2 U.S.C. 1343(c)(1)) is amended—

3 (1) in subparagraph (F), by striking ‘‘and’’ at

4 the end;

5 (2) in subparagraph (G), by striking the period

6 at the end and inserting ‘‘; and’’; and

7 (3) by adding at the end the following new sub8 paragraph:

9 ‘‘(H) methods, procedures, and requirements

10 for biological testing that shall, at a minimum, re11 quire that any reference site be substantially free of

12 contamination.’’.

13 (c) LIMITATION OF REGULATIONS.—Section

14 403(c)(2) (33 U.S.C. 1343(c)(2)) is amended by adding

15 at the end the following new sentence: ‘‘Any exemption

16 in a regulation to the limitations of this paragraph is

17 deemed null and void.’’.

18 (d) POLLUTION PREVENTION.—Section 403 (33

19 U.S.C. 1343) is amended by adding at the end the follow20 ing new subsection:

21 ‘‘(d)(1) In assessing the effects of a proposed dis22 charge to marine waters, the Administrator shall take into

23 consideration, in addition to the criteria established pursu24 ant to subsection (c), a demonstration of the need to dis25 charge by the permit applicant. As a condition of receiving
47

•S 1459 IS

1 a permit, an applicant shall be required to make full use

2 of measures, processes, methods, systems, or techniques

3 to completely eliminate the discharge or minimize the

4 quantity of pollutants discharged through process

5 changes, substitution of material, enclosure of systems, or

6 other modifications.

7 ‘‘(2) Not later than 1 year after the date of enact8 ment of this paragraph, the Administrator shall publish

9 a guidance that describes—

10 ‘‘(A) pollution prevention methods; and

11 ‘‘(B) the expectations of the Administrator with

12 regard to the demonstrations required by paragraph

13 (1).’’.

14 (e) CONFORMING AMENDMENT.—Section 301(a) (33

15 U.S.C. 1311(a)) is amended by inserting ‘‘403,’’ before

16 ‘‘and 404.’’.

17 SEC. 210. COMBINED SEWER OVERFLOW CONTROL ASSIST18 ANCE.

19 (a) IN GENERAL.—The Secretary of the Army (re20 ferred to in this section as the ‘‘Secretary’’), acting

21 through the Chief of Engineers of the Department of the

22 Army, is authorized to enter into local cooperation agree23 ments to provide financial assistance to a local government

24 for the construction of facilities for the control of over-
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1 flows from combined storm and sanitary sewers to marine

2 waters.

3 (b) PROJECT IDENTIFICATION.—

4 (1) APPLICATION.—Any municipality with a

5 plan for the control of combined sewer overflows to

6 marine waters that has been approved by the Ad7 ministrator of the Environmental Protection Agency

8 (referred to in this section as the ‘‘Administrator’’)

9 as consistent with requirements of the combined

10 sewer overflow policy published by the Administrator

11 at 58 Fed. Reg. 4994, on January 19, 1993, may

12 submit to the Secretary an application for assistance

13 under this section.

14 (2) REVIEW OF APPLICATION.—The Secretary

15 shall, with the cooperation and concurrence of the

16 Administrator, review the applications submitted

17 pursuant to paragraph (1) and rank the applica18 tions. In ranking the applications, the Secretary

19 shall give equal weight to—

20 (A) the potential for the project to protect

21 public health and the environment; and

22 (B) the financial burden on a community

23 as a result of the high costs of the project or

24 the lack of alternative local, State, or Federal

25 funding sources.
49

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1 (3) PRIORITY.—Notwithstanding paragraph

2 (2), the Secretary shall give priority to any applica3 tion made pursuant to paragraph (1) that would im4 plement the recommendations of a comprehensive

5 conservation and management plan approved by the

6 Administrator pursuant to section 320 of the Fed7 eral Water Pollution Control Act (33 U.S.C. 1330).

8 (c) PROJECT ASSISTANCE.—

9 (1) NON-FEDERAL SHARE.—Except as provided

10 in paragraph (3), the non-Federal sponsor of a

11 project that receives assistance under this subsection

12 shall provide a non-Federal share in an amount

13 equal to not less than 25 percent of the costs of the

14 project.

15 (2) CREDIT FOR CERTAIN NONMONETARY CON16 TRIBUTIONS.—An amount equal to the value of any

17 land, easement, right-of-way, or reallocation pro18 vided for the project by a non-Federal sponsor shall

19 be credited to the non-Federal share referred to in

20 paragraph (1), except that any amount credited pur21 suant to this paragraph may not exceed 25 percent

22 of the costs of the project.

23 (3) OPERATION AND MAINTENANCE COSTS.—

24 The non-Federal share of the operation and mainte-
50

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1 nance costs of a project assisted pursuant to this

2 section shall be 100 percent.

3 (d) PLANNING REQUIREMENTS.—

4 (1) IN GENERAL.—The Secretary may not enter

5 into a local cooperation agreement under this section

6 unless the Secretary, in consultation with the Ad7 ministrator, has determined that the project—

8 (A) is consistent with plans developed pur9 suant to the Federal Water Pollution Control

10 Act (33 U.S.C. 1251 et seq.); and

11 (B) will not result in the violation of any

12 provision of such Act.

13 (2) REVIEW.—The Secretary, in cooperation

14 with the Administrator, shall review each application

15 submitted pursuant to subsection (b) to determine

16 whether the project that is the subject of the appli17 cation will achieve such controls of combined sewer

18 overflows as are required under applicable require19 ments of law at the lowest possible cost. The Sec20 retary may not enter into a local cooperation agree21 ment under this section unless the Secretary has de22 termined pursuant to this paragraph that the cost of

23 the project that is the subject of the agreement is

24 the lowest possible cost.

25 (e) DISCRETION OF GOVERNOR FOR LOAN.—
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1 (1) IN GENERAL.—Not fewer than 90 days be2 fore the finalization of a local cooperation agreement

3 pursuant to this section, the Secretary shall notify

4 the Governor of the State in which a local govern5 ment expected to receive assistance pursuant to this

6 section is located.

7 (2) REQUEST BY GOVERNOR.—Not later than

8 30 days after receipt of a notification pursuant to

9 paragraph (1), a Governor may request that the Sec10 retary provide, pursuant to this section, a loan to

11 the local government that is the subject of the notifi12 cation, and, after receiving the request, the Sec13 retary shall provide assistance under this section as

14 a loan.

15 (3) REPAYMENTS.—The repayment of a loan

16 made pursuant to paragraph (2) shall be made in a

17 manner consistent with title VI of the Federal Water

18 Pollution Control Act (33 U.S.C. 1381 et seq.), and

19 amounts equal to the amounts of repayments shall

20 be deposited into the revolving fund established by

21 the State pursuant to such title.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section,

24 to remain available until expended, for each of fiscal years

25 1994 through 2000, such sums as may be necessary.
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1 SEC. 211. DEFINITIONS.

2 (a) NEW DEFINITIONS.—Section 502 (33 U.S.C.

3 1362) is amended by adding at the end the following new

4 paragraphs:

5 ‘‘(21) The term ‘Administrator’ means the Adminis6 trator of the Environmental Protection Agency.

7 ‘‘(22) The terms ‘estuarine zone’ and ‘estuary’ have

8 the meaning provided the terms in section 104(n)(4), ex9 cept that the terms shall also include associated aquatic

10 ecosystems and the tributaries that drain into the estuary

11 up to the historic head of tidal influence.

12 ‘‘(23) The term ‘Federal agency’ means any depart13 ment, agency, or other instrumentality of the Federal Gov14 ernment and any independent agency or establishment of

15 the Federal Government, including any government cor16 poration of the Federal Government.

17 ‘‘(24) The term ‘floatable’ means marine debris that

18 floats or remains suspended in the water column.

19 ‘‘(25) The term ‘marine water’ means any estuary,

20 water of the estuarine zone, any other water seaward of

21 the historic height of tidal influence, the territorial sea,

22 the contiguous zone, and the ocean.

23 ‘‘(26) The term ‘Under Secretary’ means the Under

24 Secretary of Commerce for Oceans and Atmosphere who

25 serves as the Administrator of the National Oceanic and

26 Atmospheric Administration.’’.
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1 (b) EXISTING DEFINITIONS.—

2 (1) TERRITORIAL SEAS.—Section 502(8) (33

3 U.S.C. 1362(8)) is amended by striking ‘‘three’’ and

4 inserting ‘‘12’’.

5 (2) ESTUARY AND ESTUARINE ZONE.—Section

6 320 (33 U.S.C. 1330), as amended by section

7 204(e)(1), is further amended by striking subsection

8 (l).

9 SEC. 212. FEDERAL AGENCY RESPONSIBILITIES.

10 Title V (33 U.S.C. 1361 et seq.), as amended by sec11 tion 206(b), is further amended—

12 (1) by redesignating section 520 as section 521;

13 and

14 (2) by inserting after section 519 the following

15 new section:

16 ‘‘SEC. 520. FEDERAL AGENCY RESPONSIBILITIES.

17 ‘‘(a) STUDY OF FEDERAL AGENCY PROGRAMS.—

18 ‘‘(1) IN GENERAL.—The Administrator, in con19 sultation with the Under Secretary, shall, with re20 spect to each Federal agency, conduct a comprehen21 sive study of the policies, programs, and activities

22 that may result in degradation of marine waters.

23 ‘‘(2) REPORT.—

24 ‘‘(A) IN GENERAL.—Not later than 2 years

25 after the date of enactment of this section, the
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1 Administrator shall submit to Congress a report

2 that includes—

3 ‘‘(i) a summary of the findings of the

4 study referred to in paragraph (1); and

5 ‘‘(ii) recommendations to reduce deg6 radation of marine waters resulting from

7 policies, programs, and activities of Fed8 eral agencies.

9 ‘‘(B) CONTENTS OF REPORT.—The report

10 shall include—

11 ‘‘(i) a comprehensive listing, with re12 spect to each Federal agency, of the poli13 cies, programs, and activities that, under

14 the study, are considered to cause degrada15 tion of marine waters;

16 ‘‘(ii) a detailed analysis of the impacts

17 of each policy, program, and activity re18 ferred to in clause (i) on the degradation

19 of marine waters;

20 ‘‘(iii) proposed changes in each policy,

21 program, and activity referred to in clause

22 (i) to minimize the impacts referred to in

23 clause (ii);

24 ‘‘(iv) suggested actions to be taken by

25 other Federal agencies or State depart-
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•S 1459 IS

1 ments or agencies to better coordinate the

2 policies, programs, and activities that

3 cause degradation of marine waters; and

4 ‘‘(v) specific recommendations for fur5 ther legislative actions that the Adminis6 trator considers to be necessary to bring

7 each policy, program, and activity referred

8 to in clause (i) into conformance with the

9 policy of this Act.

10 ‘‘(3) PUBLIC COMMENT.—In conducting the

11 study, the Administrator shall consult with States

12 and the public concerning methods by which the

13 policies, programs, and activities of Federal agencies

14 may be implemented to reduce degradation in ma15 rine waters.

16 ‘‘(b) LEADERSHIP OF FEDERAL AGENCIES.—The

17 head of each Federal agency shall provide leadership and

18 take action to the extent provided by law to—

19 ‘‘(1) minimize the degradation of marine wa20 ters; and

21 ‘‘(2) restore and preserve the natural and bene22 ficial values served by marine waters in carrying out

23 the responsibilities of the Federal agency for—

24 ‘‘(A) acquiring, managing, and disposing of

25 Federal lands and facilities;
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•S 1459 IS

1 ‘‘(B) providing construction and improve2 ments undertaken by the Federal Government

3 and providing Federal assistance (including fi4 nancial assistance) for construction and im5 provements; and

6 ‘‘(C) conducting activities and programs

7 affecting the marine waters.

8 ‘‘(c) RESPONSIBILITIES OF FEDERAL AGENCIES.—In

9 carrying out the activities described in subsection (b), the

10 head of each Federal agency shall be required to evaluate

11 the potential effects of any action on marine waters and

12 to ensure that the planning programs and budget requests

13 of the Federal agency reflect the policies of this Act.

14 ‘‘(d) ALTERNATIVES AND MITIGATION.—If the head

15 of a Federal agency makes a determination to, or proposes

16 to, conduct, support, or allow an action that may affect

17 marine waters, the head of the Federal agency shall con18 sider alternative actions to avoid adverse effects on marine

19 waters. If the head of the Federal agency finds that there

20 is no practicable alternative that is consistent with the

21 law, the head of the Federal agency shall modify the ac22 tion, to the extent consistent with law, to minimize poten23 tial adverse effects on marine waters.’’.

24 SEC. 213. REPORTS AND STUDIES.

25 (a) HEALTH IMPACTS STUDY.—
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1 (1) IN GENERAL.—The Administrator of the

2 National Oceanic and Atmospheric Administration of

3 the Department of Commerce (referred to in this

4 section as the ‘‘Under Secretary’’), in collaboration

5 with the Administrator of the Environmental Protec6 tion Agency (referred to in this section as the ‘‘Ad7 ministrator’’) and the Secretary of Health and

8 Human Services, shall conduct a study to determine

9 the nature of any relationship between the incidence

10 of human illness and—

11 (A) pollutants in the marine environment;

12 and

13 (B) shellfish consumption.

14 (2) REPORT.—Not later than 2 years after the

15 date of enactment of this Act, the Under Secretary

16 shall submit a report describing the findings of the

17 study to the Committee on Environment and Public

18 Works of the Senate, and the Committee on Public

19 Works and Transportation and the Committee on

20 Merchant Marine and Fisheries of the House of

21 Representatives.

22 (b) ECONOMIC IMPACT STUDY.—Not later than 1

23 year after the date of enactment of this Act, the Under

24 Secretary, in consultation with the Administrator, the ap25 propriate officials of State and local governments, com-
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•S 1459 IS

1 mercial and recreational fishermen, and other interested

2 persons, shall submit to Congress a study that identifies,

3 evaluates, and quantifies the economic impacts of degrada4 tion in the quality of marine waters (including degradation

5 attributable to floatables (as defined in section 502(25)

6 of the Federal Water Pollution Control Act, as added by

7 section 211(a))).

8 (c) ALGAL BLOOM STUDY.—

9 (1) IN GENERAL.—The Under Secretary shall

10 conduct a study of the impact that enhanced nitro11 gen levels in marine waters may have on stimulating

12 toxic algal blooms.

13 (2) REPORT.—Not later than 2 years after the

14 date of enactment of this Act, the Administrator

15 shall submit a report to Congress on the findings of

16 the study.

17 (d) RESEARCH OF MICROORGANISMS.—Not later

18 than 2 years after the date of enactment of this Act, the

19 Administrator shall submit to Congress a report on the

20 potential use of microorganisms to degrade pollutants (in21 cluding organic material and chemical pollutants) in mu22 nicipal or industrial wastes before and after disposal in

23 the marine environment.

24 (e) IDENTIFICATION OF UNREGULATED CONTAMI25 NANTS.—
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1 (1) IN GENERAL.—The Administrator shall con2 duct such research and monitoring as the Adminis3 trator determines to be necessary to identify unregu4 lated pollutants in marine waters that are not ad5 dressed in a guideline, criteria, standard, or require6 ment developed pursuant to title III of the Federal

7 Water Pollution Control Act (33 U.S.C. 1251 et

8 seq.).

9 (2) REPORT.—Not later than 1 year after the

10 date of enactment of this Act, the Administrator

11 shall submit to Congress a report that—

12 (A) identifies unregulated pollutants in

13 marine waters; and

14 (B) provides a plan that includes specific

15 actions and recommendations for establishing

16 controls over the pollutants through the pollu17 tion control authorities of the Federal Water

18 Pollution Control Act (33 U.S.C. 1251 et seq.).

19 TITLE III—POLLUTION FROM

20 SHIPS

21 SEC. 301. DEFINITION OF OPERATOR.

22 (a) IN GENERAL.—Subparagraph (b) of section

23 2(a)(5) of the Act to Prevent Pollution from Ships (33

24 U.S.C. 1901(a)(5)(B)) is amended by striking ‘‘except the

25 owner’’ and all that follows through the end of the sub-
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1 paragraph and inserting the following: ‘‘who by law, lease,

2 contract, or other arrangement, provides a berth at a port

3 or terminal or other mooring arrangement for the vessel

4 to transfer cargo to or from shore;’’.

5 (b) TECHNICAL AMENDMENTS.—Section 6 of such

6 Act (33 U.S.C. 1905) is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1), by striking ‘‘a per9 son in charge’’ and inserting ‘‘an operator’’;

10 and

11 (B) in paragraph (2), by striking ‘‘Persons

12 in charge’’ and inserting ‘‘Operators’’; and

13 (2) in subsection (c)(2), by striking ‘‘person in

14 charge’’ and inserting ‘‘operator’’.

15 SEC. 302. PREVENTION OF POLLUTION FROM SHIPS.

16 (a) IN GENERAL.—Section 6 of the Act to Prevent

17 Pollution from Ships (33 U.S.C. 1905) is amended—

18 (1) in subsection (c)—

19 (A) in paragraph (2)—

20 (i) by striking ‘‘(2) If’’ and inserting

21 the following: ‘‘(2)(A) Subject to subpara22 graph (B), if’’; and

23 (ii) by adding at the end the following

24 new subparagraph:
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1 ‘‘(B) The Secretary may issue a certificate attesting

2 to the adequacy of reception facilities under this para3 graph only if, prior to the issuance of the certificate, the

4 Secretary conducts an onsite inspection of the reception

5 facilities of the port or terminal that is the subject of the

6 certificate.’’; and

7 (B) in paragraph (3), by striking subpara8 graph (A) and inserting the following new sub9 paragraph:

10 ‘‘(A) is valid for the 5-year period beginning on

11 the date of issuance of the certificate, except that

12 if—

13 ‘‘(i) the charge for operation of the port or

14 terminal is transferred to a person or entity

15 other than the person or entity that is the oper16 ator on the date of issuance of the certificate—

17 ‘‘(I) the certificate shall expire on the

18 date that is 30 days after the date of the

19 transfer; and

20 ‘‘(II) the new operator shall be re21 quired to submit an application for a cer22 tificate before a certificate may be issued

23 for the port or terminal; or
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1 ‘‘(ii) the certificate is suspended or revoked

2 by the Secretary, the certificate shall cease to

3 be valid; and’’;

4 (2) by striking subsection (d) and inserting the

5 following new subsection:

6 ‘‘(d)(1) The Secretary shall maintain a list of ports

7 or terminals with respect to which a certificate issued

8 under this section—

9 ‘‘(A) is in effect; or

10 ‘‘(B) has been revoked or suspended.

11 ‘‘(2) The Secretary shall make the list referred to in

12 paragraph (1) available to the general public.’’;

13 (3) in subsection (e)—

14 (A) in paragraph (1), by striking ‘‘Except

15 in the case’’ and inserting ‘‘Except as provided

16 in paragraph (3) and in the case’’;

17 (B) in paragraph (2), by striking ‘‘The

18 Secretary’’ and inserting ‘‘Except as provided

19 in paragraph (3), the Secretary’’; and

20 (C) by adding at the end the following new

21 paragraph:

22 ‘‘(3)(A) Not later than 180 days after the date of

23 enactment of this paragraph, the Secretary shall, by regu24 lation, establish a procedure by which the Secretary of the

25 department in which the Coast Guard is operating may
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1 assess a civil penalty against the operator of the port or

2 terminal in lieu of denying entry to a ship, or to a terminal

3 or facility pursuant to paragraph (1) or (2).

4 ‘‘(B) The amount of a penalty referred to in subpara5 graph (A) shall not exceed the maximum amount allowable

6 per day of violation that the Secretary of the department

7 in which the Coast Guard is operating may assess under

8 this Act.

9 ‘‘(C) If the port or terminal remains in violation of

10 an applicable requirement of a regulation referred to in

11 paragraph (1) or (2) on the date that is 30 days after

12 the date on which the Secretary initially determines that

13 a port or terminal is in violation of an applicable require14 ment of a regulation, the Secretary shall revoke the certifi15 cate of the port or terminal.’’;

16 (4) in subsection (f)—

17 (A) by inserting ‘‘(1)’’ before ‘‘The Sec18 retary’’; and

19 (B) by adding at the end the following new

20 paragraph:

21 ‘‘(2)(A) Not later than 1 year after the date of enact22 ment of this paragraph, the Secretary shall promulgate

23 regulations that require the operator of each port or termi24 nal that is subject to any requirement of the MARPOL

25 Protocol relating to reception facilities to post a placard
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1 in a location that can easily be seen by port and terminal

2 users. The placard shall state, at a minimum, that a user

3 of a reception facility of the port or terminal should report

4 to the Secretary any inadequacy of the reception facility.

5 ‘‘(B) The Secretary shall promulgate regulations to

6 carry out this section, including specifications for the plac7 ards referred to in subparagraph (A).

8 ‘‘(C) The Secretary shall make available to the gen9 eral public any report received by the Secretary under this

10 paragraph.’’; and

11 (5) by adding at the end the following new sub12 section:

13 ‘‘(g) The Secretary shall—

14 ‘‘(1) establish a program to ensure that the

15 owner, operator, or person in charge of each port or

16 terminal that is not required to apply for a certifi17 cate under this section makes available a reception

18 facility that meets the requirements for reception fa19 cilities under the regulations promulgated under

20 subsection (a)(2); and

21 ‘‘(2) not later than 2 years after the date of en22 actment of this subsection, and every 2 years there23 after, provide a report to Congress on Coast Guard

24 activities regarding the ports and terminals de25 scribed in paragraph (1).’’.
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1 (b) REFUSE RECORD BOOKS; WASTE MANAGEMENT

2 PLANS; NOTIFICATION OF CREW AND PASSENGERS.—

3 Section 4(b) of such Act (33 U.S.C. 1903(b)) is amend4 ed—

5 (1) in paragraph (2), by striking subparagraph

6 (A) and inserting the following new subparagraph:

7 ‘‘(A) not later than 1 year after the date of en8 actment of the Coastal Waters Improvement Act of

9 1993, issue regulations that require each vessel to—

10 ‘‘(i) maintain refuse records (either as part

11 of the log book of the vessel or in a separate

12 record book);

13 ‘‘(ii) establish shipboard waste manage14 ment plans; and

15 ‘‘(iii) display a placard and conduct a

16 briefing that notifies the crew and passengers

17 of the vessel of the requirements of Annex V of

18 the Convention.’’; and

19 (2) by adding at the end the following new

20 paragraph:

21 ‘‘(3)(A) The Secretary of Agriculture, acting through

22 the Administrator of the Animal and Plant Health Inspec23 tion Service, shall assist the Secretary in carrying out the

24 enforcement of this Act.
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1 ‘‘(B) The Secretary of Agriculture, in coordination

2 with the Secretary, shall review and revise boarding proce3 dures of the Animal and Plant Health Inspection Service

4 to improve the enforcement of this Act.

5 ‘‘(C) The review and revision of the boarding proce6 dures referred to in subparagraph (B) shall include—

7 ‘‘(i) a revision of any boarding forms used by

8 the Secretary (including adding questions) to provide

9 information in sufficient detail to enable the Sec10 retary to adequately enforce this Act;

11 ‘‘(ii) the coordination of efforts of inspectors of

12 the Animal and Plant Health Inspection Service to

13 facilitate the tracking of vessels suspected to be in

14 violation of this Act from port to port;

15 ‘‘(iii) the coordination of the inspection activi16 ties of the Animal and Plant Health Inspection

17 Service with the animal and plant inspection activi18 ties of the Coast Guard, to ensure that any violation

19 of this Act may be easily determined, and that an

20 appropriate penalty is assessed for the violation; and

21 ‘‘(iv) methods for using inspectors of the Ani22 mal and Plant Health Inspection Service to deter23 mine compliance with the regulations promulgated

24 under section 6(a)(2).’’.
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1 (c) SIZE AND USE.—Section 3(a) of such Act (33

2 U.S.C. 1902(a)) is amended—

3 (1) in paragraph (3), by striking ‘‘and’’ at the

4 end;

5 (2) in paragraph (4), by striking the period at

6 the end and inserting ‘‘; and’’; and

7 (3) by adding at the end the following new

8 paragraph:

9 ‘‘(5) with respect to subparagraph (A) of sub10 section (a) of section 4—

11 ‘‘(A) to—

12 ‘‘(i) manned oceangoing United States

13 ships of 40 feet or more in length that are

14 engaged in commerce and are documented

15 under the laws of the United States or

16 numbered by a State; and

17 ‘‘(ii) a manned fixed or floating plat18 form subject to the jurisdiction of the

19 United States, or operated under the au20 thority of the United States, wherever lo21 cated; and

22 ‘‘(B) to any other ship, of a size and use

23 specified by the Secretary, while in navigable

24 waters of the United States, except while

25 transiting in innocent passage and not enroute
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1 to a place in the United States or a territory,

2 possession, or protectorate of the United

3 States.’’.

4 (d) PENALTIES FOR VIOLATIONS.—Section 9 of such

5 Act (33 U.S.C. 1908) is amended—

6 (1) by redesignating subsections (c) through (f)

7 as subsections (d) through (g), respectively;

8 (2) by inserting after subsection (b) the follow9 ing new subsection:

10 ‘‘(c)(1) If an appropriate official of the Coast Guard

11 determines that a vessel does not comply with a require12 ment established under section 4 relating to the mainte13 nance of refuse records, the posting of a placard, the brief14 ing of a crew and passengers, or the implementation of

15 a waste management plan, the official may issue a citation

16 for the violation that requires a civil penalty, in an amount

17 determined pursuant to this section, to be payable not

18 later than 30 days after the issuance of the citation, unless

19 by such date, the recipient of the citation submits a writ20 ten request for a hearing on the assessment of the civil

21 penalty pursuant to the citation.

22 ‘‘(2) A citation for a violation that requires a civil

23 penalty may be issued by the appropriate Coast Guard of24 ficial if, on the inspection of a vessel, an appropriate offi25 cial of the Coast Guard determines that—
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1 ‘‘(A) the person in charge of the vessel has no

2 receipts documenting—

3 ‘‘(i) the disposal of garbage; or

4 ‘‘(ii) in any case in which an incinerator is

5 on board the vessel, receipts documenting the

6 disposal of plastic residue, if any, from the in7 cinerator;

8 ‘‘(B) there is no incinerator on board the vessel;

9 or

10 ‘‘(C) the quantity of plastic waste materials on

11 board the vessel is too small with respect to the

12 quantity of plastic waste materials estimated to have

13 been generated on board the vessel (on the basis of

14 documentation from the last legal disposal of plastic

15 waste materials from the vessel).

16 ‘‘(3) Not later than 30 days after the issuance of a

17 citation pursuant to paragraph (2), the recipient of the

18 citation shall either—

19 ‘‘(A) pay the amount of the civil penalty; or

20 ‘‘(B) submit a written request for a hearing on

21 the assessment of the civil penalty.

22 ‘‘(4) The Secretary shall consult with the Secretary

23 of Agriculture to ensure that the record in a log book of

24 the disposal of waste materials alone may not, for the pur-
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1 poses of this subsection, constitute proof of legal disposal

2 of waste materials.’’; and

3 (3) in subsection (g), as redesignated by para4 graph (1)—

5 (A) by inserting ‘‘(1)’’ before ‘‘Notwith6 standing’’;

7 (B) in paragraph (1), as designated by

8 subparagraph (A), by striking ‘‘or (d)’’ and in9 serting ‘‘or (e)’’; and

10 (C) by adding at the end the following new

11 paragraphs:

12 ‘‘(2) If the Secretary of the department in which the

13 Coast Guard is operating—

14 ‘‘(A) conducts an investigation and refers a

15 matter pursuant to paragraph (2), to the appro16 priate official of a foreign country that is a party to

17 the MARPOL Protocol relating to a violation or sus18 pected violation of an owner, operator, or person in

19 charge of a vessel that is registered in the foreign

20 country of a requirement of the MARPOL Protocol;

21 and

22 ‘‘(B) the official of the foreign country does not

23 provide a response that the Secretary determines ap24 propriate,

25 paragraph (3) shall apply.
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1 ‘‘(3) If the conditions referred to in subparagraphs

2 (A) and (B) of paragraph (2) are met, the Secretary of

3 the Treasury, on the request of the Secretary of the de4 partment in which the Coast Guard is operating, may with

5 respect to the vessel referred to in paragraph (2) refuse

6 or revoke—

7 ‘‘(A) the clearance required under section 4197

8 of the Revised Statutes (46 U.S.C. App. 91);

9 ‘‘(B) a permit to proceed under section 4367 of

10 the Revised Statutes (46 U.S.C. App. 313); and

11 ‘‘(C) a permit to depart (as required under sec12 tion 443 of the Tariff Act of 1930 (19 U.S.C.

13 1443)),

14 whichever is applicable.

15 ‘‘(4) The Secretary of the department in which the

16 Coast Guard is operating shall, not later than 1 year after

17 the date of enactment of this paragraph, and annually

18 thereafter, publish a list of any referral described in para19 graph (2) including, with respect to each referral—

20 ‘‘(A) the date of transmittal; and

21 ‘‘(B) the date and nature of any response by

22 the appropriate official of the foreign country to

23 whom the referral is sent.’’.
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1 (e) SHIP INSPECTIONS; REPORTS TO SECRETARY.—

2 Section 8(c) of such Act (33 U.S.C. 1907(c)) is amended

3 by adding at the end the following new paragraphs:

4 ‘‘(3)(A) The Secretary shall make available to the

5 public a toll-free telephone number for reporting violations

6 of the MARPOL Protocol and this Act.

7 ‘‘(B) In carrying out this paragraph, the Secretary

8 may—

9 ‘‘(i) enter into a cooperative agreement with the

10 appropriate official of the National Response Center

11 to use the telephone reporting service of the Center

12 to provide for the reporting of the violations referred

13 to in the previous sentence under the telephone re14 porting service; or

15 ‘‘(ii) establish a separate telephone reporting

16 system.

17 ‘‘(C) The Secretary shall report to Congress annually

18 on the effectiveness of the toll-free telephone reporting

19 system. Each report shall include—

20 ‘‘(i) the number and types of referral calls re21 lated to Annex V of the MARPOL Protocol received;

22 and

23 ‘‘(ii) information regarding any investigations

24 conducted and enforcement actions taken in re25 sponse to a call described in clause (i).
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1 ‘‘(4) On receipt of a report from an appropriate offi2 cial of the Animal and Plant Health Inspection Service

3 of the Department of Agriculture of a vessel in violation

4 of this Act, the Secretary shall take such action as is nec5 essary to ensure a followup inspection of the vessel.’’.

6 (f) CONFORMING AMENDMENT.—Section 11(a)(3) of

7 such Act (33 U.S.C. 1910(a)(3)) is amended by striking

8 ‘‘section 9(e)’’ and inserting ‘‘section 9(f)’’.

9 SEC. 303. MARINE PLASTIC POLLUTION RESEARCH AND

10 CONTROL.

11 (a) COMPLIANCE REPORTS.—Section 2201(a) of the

12 Marine Plastic Pollution Research and Control Act of

13 1987 (33 U.S.C. 1902 note) is amended—

14 (1) by striking ‘‘for a period of 6 years’’; and

15 (2) by inserting before the period at the end the

16 following: ‘‘and, not later than 1 year after the date

17 of enactment of the Coastal Waters Improvement

18 Act of 1993, and annually thereafter, shall publish

19 in the Federal Register a list of the enforcement ac20 tions taken against any domestic or foreign vessel

21 (including any commercial or recreational vessel)

22 pursuant to the Act to Prevent Pollution from Ships

23 (33 U.S.C. 1901 et seq.)’’.

24 (b) PUBLIC OUTREACH PROGRAM.—Section 2204(a)

25 of such Act (42 U.S.C. 6981 note) is amended—
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1 (1) in paragraph (1)—

2 (A) in the matter preceding subparagraph

3 (A), by striking ‘‘for a period of at least 3

4 years,’’;

5 (B) in subparagraph (C), by striking

6 ‘‘and’’ at the end;

7 (C) in subparagraph (D), by striking the

8 period at the end and inserting ‘‘; and’’; and

9 (D) by adding at the end the following new

10 subparagraph:

11 ‘‘(E) the requirements under this Act and

12 the Act to Prevent Pollution from Ships (33

13 U.S.C. 1901 et seq.) with respect to vessels and

14 ports, and the authority of citizens to report

15 violations of this Act and the Act to Prevent

16 Pollution from Ships (33 U.S.C. 1901 et

17 seq.).’’; and

18 (2) by striking paragraph (2) and inserting the

19 following new paragraph:

20 ‘‘(2) AUTHORIZED ACTIVITIES.—

21 ‘‘(A) PUBLIC OUTREACH PROGRAM.—A

22 public outreach program under paragraph (1)

23 may include—

24 ‘‘(i) developing and implementing a

25 voluntary boaters’ pledge program;
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1 ‘‘(ii) workshops with interested

2 groups;

3 ‘‘(iii) public service announcements;

4 ‘‘(iv) distribution of leaflets and post5 ers; and

6 ‘‘(v) any other means appropriate to

7 educating the public.

8 ‘‘(B) CONSULTATION.—In developing out9 reach initiatives targeted at the interested

10 groups that are subject to the requirements of

11 this title and the Act to Prevent Pollution from

12 Ships (33 U.S.C. 1901 et seq.), the Secretary

13 of the department in which the Coast Guard is

14 operating, in consultation with the Secretary of

15 Commerce, acting through the Administrator of

16 the National Oceanic and Atmospheric Admin17 istration, and the Administrator of the Environ18 mental Protection Agency, shall consult with—

19 ‘‘(i) the heads of State agencies re20 sponsible for implementing State boating

21 laws; and

22 ‘‘(ii) the heads of other enforcement

23 agencies that regulate boaters or commer24 cial fishermen.
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1 ‘‘(C) GRANTS.—To carry out this section,

2 the Secretary of the department in which the

3 Coast Guard is operating, the Secretary of

4 Commerce, and the Administrator of the Envi5 ronmental Protection Agency are authorized to

6 award grants, enter into cooperative agree7 ments, and provide other financial assistance to

8 eligible recipients.’’.

9 (c) MISCELLANEOUS PROVISIONS.—

10 (1) IN GENERAL.—The Marine Plastic Pollu11 tion Research and Control Act of 1987 is amended

12 by adding at the end the following new subtitle:

13 ‘‘Subtitle D—Miscellaneous

14 Provisions

15 ‘‘SEC. 2401. APPLICABILITY OF WHISTLE BLOWER PROVI16 SIONS.

17 ‘‘Section 2302 of title 5, United States Code, shall

18 apply to any employee of the Department of Transpor19 tation, the Department of Defense, or the Department of

20 Agriculture, as described in subsection (a)(2)(B) of such

21 section, who carries out any requirement of this Act or

22 the Act to Prevent Pollution from Ships (33 U.S.C. 1901

23 et seq.).
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1 ‘‘SEC. 2402. REPORTS TO CONGRESS.

2 ‘‘If the Secretary of the department in which the

3 Coast Guard is operating fails to meet a deadline specified

4 in this Act or the Act to Prevent Pollution from Ships

5 (33 U.S.C. 1901 et seq.), the Secretary shall submit a

6 written report to Congress that explains the reasons for

7 the failure.

8 ‘‘SEC. 2403. FEES.

9 ‘‘(a) PROHIBITION.—Notwithstanding any other pro10 vision of law, a port or terminal, or a hauler that contracts

11 with a port or terminal, shall be prohibited from charging

12 a vessel a separate fee for the disposal of waste that is

13 not regulated by the Secretary of Agriculture pursuant to

14 the authority granted to the Secretary to carry out the

15 functions of the Animal and Plant Health Inspection Serv16 ice.

17 ‘‘(b) CONDITION FOR CERTIFICATION.—The Sec18 retary of the department in which the Coast Guard is op19 erating, shall require as a condition of a certificate issued

20 pursuant to section 6 of the Act to Prevent Pollution from

21 Ships (33 U.S.C. 1905) that the holder of the certificate

22 meet the requirements of subsection (a).

23 ‘‘SEC. 2404. SENSE OF CONGRESS REGARDING INSURANCE.

24 ‘‘It is the sense of Congress that—

25 ‘‘(1) certain insurance policies or rules of pro26 tection and indemnity clubs that provide insurance
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1 for shippers should not provide for the payment of

2 a penalty under the Act to Prevent Pollution from

3 Ships (33 U.S.C. 1901 et seq.); and

4 ‘‘(2) the Secretary of the department in which

5 the Coast Guard is operating, acting through the

6 Commandant of the Coast Guard, should consult

7 with the International Maritime Organization to

8 seek to establish international standards prohibiting

9 the issuance of a contract of insurance for the sale

10 of a policy that would provide for the payment of

11 any penalty under the Act to Prevent Pollution from

12 Ships (33 U.S.C. 1901 et seq.) or under a law of a

13 foreign country that is a signatory of the MARPOL

14 Protocol to carry out the MARPOL Protocol.

15 ‘‘SEC. 2405. NOTICE OF ARRIVAL.

16 ‘‘The owner, master, agent, or person in charge of

17 a vessel shall include in the notice of arrival required to

18 be submitted to the Captain of the Port of the port or

19 place of destination pursuant to the Ports and Waterways

20 Safety Act (33 U.S.C. 1221 et seq.) information concern21 ing the intention of the owner, master, or person in charge

22 of the vessel with respect to the disposal of onboard waste

23 at the port or place of destination.
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1 ‘‘SEC. 2406. COORDINATION.

2 ‘‘(a) ESTABLISHMENT OF MARINE DEBRIS COORDI3 NATING COMMITTEE.—The Administrator of the Environ4 mental Protection Agency shall establish a Marine Debris

5 Coordinating Committee (referred to in this section as the

6 ‘Committee’).

7 ‘‘(b) MEMBERSHIP.—The Committee shall be com8 prised of a representative from—

9 ‘‘(1) the Environmental Protection Agency, who

10 shall serve as the Chairperson of the Committee;

11 ‘‘(2) the National Oceanic and Atmospheric Ad12 ministration;

13 ‘‘(3) the United States Coast Guard;

14 ‘‘(4) the United States Navy; and

15 ‘‘(5) such other Federal agencies as the Admin16 istrator of the Environmental Protection Agency de17 termines appropriate.

18 ‘‘(c) MEETINGS.—The Committee shall meet at least

19 twice a year to provide a forum to ensure the coordination

20 of national and international research, monitoring, edu21 cation, and regulatory actions addressing the persistent

22 marine debris problem.

23 ‘‘SEC. 2407. MONITORING.

24 ‘‘The Administrator of the Environmental Protection

25 Agency, in cooperation with the Secretary of Commerce,

26 acting through the Administrator of the National Oceanic
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1 and Atmospheric Administration, shall utilize the marine

2 debris data derived under title V of the Marine Protection,

3 Research, and Sanctuaries Act of 1972 (33 U.S.C. 2801

4 et seq.) to assist the United States Coast Guard in assess5 ing the effectiveness of this Act.’’.

6 (2) AMENDMENTS TO TABLE OF CONTENTS.—

7 The table of contents in section 2 of the United

8 States-Japan Fishery Agreement Approval Act of

9 1987 (101 Stat. 1458) is amended by adding at the

10 end of the items relating to title II of such Act the

11 following new items:

‘‘Subtitle D—Miscellaneous Provisions

‘‘Sec. 2401. Applicability of whistle blower provisions.

‘‘Sec. 2402. Reports to Congress.

‘‘Sec. 2403. Fees.

‘‘Sec. 2404. Sense of Congress regarding insurance.

‘‘Sec. 2405. Notice of arrival.

‘‘Sec. 2406. Coordination.

‘‘Sec. 2407. Monitoring.’’.

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