110TH CONGRESS 

2D SESSION S. 3298 

AN ACT 

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. 
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•S 3298 ES

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: 

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

8 (2) COVERED VESSEL.—The term ‘‘covered ves9 sel’’ means a vessel that is— 

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

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

12 2101 of title 46, United States Code), regard13 less of the length of the vessel. 

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

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

16 meanings given the terms in section 502 of the Fed17 eral Water Pollution Control Act (33 U.S.C. 1362). 

18 SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION 

19 OF VESSELS. 

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

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

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

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

24 section 402 of the Federal Water Pollution Control Act 
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1 (33 U.S.C. 1342), shall not require a permit under that 

2 section for a covered vessel for— 

3 (1) any discharge of effluent from properly 

4 functioning marine engines; 

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

6 sink wastes; or 

7 (3) any other discharge incidental to the normal 

8 operation of a covered vessel. 

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

10 with respect to— 

11 (1) rubbish, trash, garbage, or other such mate12 rials discharged overboard; 

13 (2) other discharges when the vessel is oper14 ating in a capacity other than as a means of trans15 portation, such as when— 

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

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

18 processing facility; 

19 (C) secured to a storage facility or a sea20 food processing facility; or 

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

22 contiguous zone, or waters of the United States 

23 for the purpose of mineral or oil exploration or 

24 development; 

25 (3) any discharge of ballast water; or 
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1 (4) any discharge in a case in which the Admin2 istrator or State, as appropriate, determines that the 

3 discharge— 

4 (A) contributes to a violation of a water 

5 quality standard; or 

6 (B) poses an unacceptable risk to human 

7 health or the environment. 

8 SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL 

9 OPERATION OF VESSELS. 

10 (a) IN GENERAL.—The Administrator, in consulta11 tion with the Secretary of the department in which the 

12 Coast Guard is operating and the heads of other interested 

13 Federal agencies, shall conduct a study to evaluate the im14 pacts of— 

15 (1) any discharge of effluent from properly 

16 functioning marine engines; 

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

18 sink wastes; and 

19 (3) any other discharge incidental to the normal 

20 operation of a vessel. 

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

22 (a) shall include— 

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

24 composition of discharges for— 

25 (A) representative single vessels; and 
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1 (B) each class of vessels; 

2 (2) determinations of the volumes of those dis3 charges, including average volumes, for— 

4 (A) representative single vessels; and 

5 (B) each class of vessels; 

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

7 more common locations, of the discharges; 

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

9 extent of the potential effects of the discharges, in10 cluding determinations of whether the discharges 

11 pose a risk to human health, welfare, or the environ12 ment, and the nature of those risks; 

13 (5) determinations of the benefits to human 

14 health, welfare, and the environment from reducing, 

15 eliminating, controlling, or mitigating the discharges; 

16 and 

17 (6) analyses of the extent to which the dis18 charges are currently subject to regulation under 

19 Federal law or a binding international obligation of 

20 the United States. 

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

22 subsection (a), the Administrator shall exclude— 

23 (1) discharges from a vessel of the Armed 

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

25 Water Pollution Control Act (33 U.S.C. 1322(a)); 
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1 (2) discharges of sewage (as defined in section 

2 312(a) of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1322(a)) from a vessel, other than the 

4 discharge of graywater from a vessel operating on 

5 the Great Lakes; and 

6 (3) discharges of ballast water. 

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

8 shall— 

9 (1) publish in the Federal Register for public 

10 comment a draft of the study required under sub11 section (a); 

12 (2) after taking into account any comments re13 ceived during the public comment period, develop a 

14 final report with respect to the study; and 

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

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

17 (A) the Committee on Transportation and 

18 Infrastructure of the House of Representatives; 

19 and 
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1 (B) the Committees on Environment and 

2 Public Works and Commerce, Science, and 

3 Transportation of the Senate. 

Passed the Senate July 22, 2008. 

Attest: 

Secretary. 
110TH CONGRESS 

2D SESSION S. 3298 

AN ACT 

To clarify the circumstances during which the Advessels. discharges incidental to the normal operation of require the Administrator to conduct a study of mits for discharges from certain vessels, and to Agency and applicable States may require per- ministrator of the Environmental Protection