II 

110TH CONGRESS 

2D SESSION S. 3298 

To clarify the circumstances during which the Administrator of the Environmental Protection Agency and applicable States may require permits 

for discharges from certain vessels, and to require the Administrator 

to conduct a study of discharges incidental to the normal operation 

of vessels. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2008 

Ms. MURKOWSKI (for herself, Mr. STEVENS, Mr. NELSON of Florida, Mrs. 

MURRAY, Ms. LANDRIEU, Mr. WHITEHOUSE, Mr. MARTINEZ, Ms. 

SNOWE, Mr. KERRY, Mrs. DOLE, Mr. ISAKSON, Mr. VITTER, Mr. 

CHAMBLISS, Mr. WICKER, Ms. CANTWELL, and Ms. COLLINS) introduced 

the following bill; which was read twice, considered, read the third time, 

and passed 

A BILL 

To clarify the circumstances during which the Administrator 

of the Environmental Protection Agency and applicable 

States may require permits for discharges from certain 

vessels, and to require the Administrator to conduct a 

study of discharges incidental to the normal operation 

of vessels. 

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

3 SECTION 1. DEFINITIONS. 

4 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) COVERED VESSEL.—The term ‘‘covered ves5 sel’’ means a vessel that is— 

6 (A) less than 79 feet in length; or 

7 (B) a fishing vessel (as defined in section 

8 2101 of title 46, United States Code), regard9 less of the length of the vessel. 

10 (3) OTHER TERMS.—The terms ‘‘contiguous 

11 zone’’, ‘‘discharge’’, ‘‘ocean’’, and ‘‘State’’ have the 

12 meanings given the terms in section 502 of the Fed13 eral Water Pollution Control Act (33 U.S.C. 1362). 

14 SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION 

15 OF VESSELS. 

16 (a) NO PERMIT REQUIREMENT.—Except as provided 

17 in subsection (b), during the 2-year period beginning on 

18 the date of enactment of this Act, the Administrator, or 

19 a State in the case of a permit program approved under 

20 section 402 of the Federal Water Pollution Control Act 

21 (33 U.S.C. 1342), shall not require a permit under that 

22 section for a covered vessel for— 

23 (1) any discharge of effluent from properly 

24 functioning marine engines; 


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1 (2) any discharge of laundry, shower, and galley 

2 sink wastes; or 

3 (3) any other discharge incidental to the normal 

4 operation of a covered vessel. 

5 (b) EXCEPTIONS.—Subsection (a) shall not apply 

6 with respect to— 

7 (1) rubbish, trash, garbage, or other such mate8 rials discharged overboard; 

9 (2) other discharges when the vessel is oper10 ating in a capacity other than as a means of trans11 portation, such as when— 

12 (A) used as an energy or mining facility; 

13 (B) used as a storage facility or a seafood 

14 processing facility; 

15 (C) secured to a storage facility or a sea16 food processing facility; or 

17 (D) secured to the bed of the ocean, the 

18 contiguous zone, or waters of the United States 

19 for the purpose of mineral or oil exploration or 

20 development; 

21 (3) any discharge of ballast water; or 

22 (4) any discharge in a case in which the Admin23 istrator or State, as appropriate, determines that the 

24 discharge— 


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1 (A) contributes to a violation of a water 

2 quality standard; or 

3 (B) poses an unacceptable risk to human 

4 health or the environment. 

5 SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL 

6 OPERATION OF VESSELS. 

7 (a) IN GENERAL.—The Administrator, in consulta8 tion with the Secretary of the department in which the 

9 Coast Guard is operating and the heads of other interested 

10 Federal agencies, shall conduct a study to evaluate the im11 pacts of— 

12 (1) any discharge of effluent from properly 

13 functioning marine engines; 

14 (2) any discharge of laundry, shower, and galley 

15 sink wastes; and 

16 (3) any other discharge incidental to the normal 

17 operation of a vessel. 

18 (b) SCOPE OF STUDY.—The study under subsection 

19 (a) shall include— 

20 (1) characterizations of the nature, type, and 

21 composition of discharges for— 

22 (A) representative single vessels; and 

23 (B) each class of vessels; 

24 (2) determinations of the volumes of those dis25 charges, including average volumes, for— 


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1 (A) representative single vessels; and 

2 (B) each class of vessels; 

3 (3) a description of the locations, including the 

4 more common locations, of the discharges; 

5 (4) analyses and findings as to the nature and 

6 extent of the potential effects of the discharges, in7 cluding determinations of whether the discharges 

8 pose a risk to human health, welfare, or the environ9 ment, and the nature of those risks; 

10 (5) determinations of the benefits to human 

11 health, welfare, and the environment from reducing, 

12 eliminating, controlling, or mitigating the discharges; 

13 and 

14 (6) analyses of the extent to which the dis15 charges are currently subject to regulation under 

16 Federal law or a binding international obligation of 

17 the United States. 

18 (c) EXCLUSION.—In carrying out the study under 

19 subsection (a), the Administrator shall exclude— 

20 (1) discharges from a vessel of the Armed 

21 Forces (as defined in section 312(a) of the Federal 

22 Water Pollution Control Act (33 U.S.C. 1322(a)); 

23 (2) discharges of sewage (as defined in section 

24 312(a) of the Federal Water Pollution Control Act 

25 (33 U.S.C. 1322(a)) from a vessel, other than the 


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1 discharge of graywater from a vessel operating on 

2 the Great Lakes; and 

3 (3) discharges of ballast water. 

4 (d) PUBLIC COMMENT; REPORT.—The Administrator 

5 shall— 

6 (1) publish in the Federal Register for public 

7 comment a draft of the study required under sub8 section (a); 

9 (2) after taking into account any comments re10 ceived during the public comment period, develop a 

11 final report with respect to the study; and 

12 (3) not later than 15 months after the date of 

13 enactment of this Act, submit the final report to— 

14 (A) the Committee on Transportation and 

15 Infrastructure of the House of Representatives; 

16 and 

17 (B) the Committees on Environment and 

18 Public Works and Commerce, Science, and 

19 Transportation of the Senate. 

Æ 


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