S. 3298 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and eight 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. DEFINITIONS. 

In this Act: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) COVERED VESSEL.—The term ‘‘covered vessel’’ means 

a vessel that is— 

(A) less than 79 feet in length; or 

(B) a fishing vessel (as defined in section 2101 of 

title 46, United States Code), regardless of the length of 

the vessel. 

(3) OTHER TERMS.—The terms ‘‘contiguous zone’’, ‘‘discharge’’, ‘‘ocean’’, and ‘‘State’’ have the meanings given the 

terms in section 502 of the Federal Water Pollution Control 

Act (33 U.S.C. 1362). 

SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS. 

(a) NO PERMIT REQUIREMENT.—Except as provided in subsection (b), during the 2-year period beginning on the date of enactment of this Act, the Administrator, or a State in the case of 

a permit program approved under section 402 of the Federal Water 

Pollution Control Act (33 U.S.C. 1342), shall not require a permit 

under that section for a covered vessel for— 

(1) any discharge of effluent from properly functioning 

marine engines; 

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

wastes; or 

(3) any other discharge incidental to the normal operation 

of a covered vessel. 

(b) EXCEPTIONS.—Subsection (a) shall not apply with respect 

to— 

(1) rubbish, trash, garbage, or other such materials discharged overboard; 

(2) other discharges when the vessel is operating in a 

capacity other than as a means of transportation, such as 

when— 

(A) used as an energy or mining facility; 
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(B) used as a storage facility or a seafood processing 

facility; 

(C) secured to a storage facility or a seafood processing 

facility; or 

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

zone, or waters of the United States for the purpose of 

mineral or oil exploration or development; 

(3) any discharge of ballast water; or 

(4) any discharge in a case in which the Administrator 

or State, as appropriate, determines that the discharge—

(A) contributes to a violation of a water quality 

standard; or 

(B) poses an unacceptable risk to human health or 

the environment. 

SEC. 3. STUDY OF DISCHARGES INCIDENTAL TO NORMAL OPERATION 

OF VESSELS. 

(a) IN GENERAL.—The Administrator, in consultation with the 

Secretary of the department in which the Coast Guard is operating 

and the heads of other interested Federal agencies, shall conduct 

a study to evaluate the impacts of—

(1) any discharge of effluent from properly functioning 

marine engines; 

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

wastes; and 

(3) any other discharge incidental to the normal operation 

of a vessel. 

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

include—

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

of discharges for—

(A) representative single vessels; and 

(B) each class of vessels; 

(2) determinations of the volumes of those discharges, 

including average volumes, for—

(A) representative single vessels; and 

(B) each class of vessels; 

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

common locations, of the discharges; 

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

of the potential effects of the discharges, including determinations of whether the discharges pose a risk to human health, 

welfare, or the environment, and the nature of those risks; 

(5) determinations of the benefits to human health, welfare, 

and the environment from reducing, eliminating, controlling, 

or mitigating the discharges; and 

(6) analyses of the extent to which the discharges are 

currently subject to regulation under Federal law or a binding 

international obligation of the United States. 

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

(a), the Administrator shall exclude—

(1) discharges from a vessel of the Armed Forces (as defined 

in section 312(a) of the Federal Water Pollution Control Act 

(33 U.S.C. 1322(a)); 

(2) discharges of sewage (as defined in section 312(a) of 

the Federal Water Pollution Control Act (33 U.S.C. 1322(a)) 
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from a vessel, other than the discharge of graywater from 

a vessel operating on the Great Lakes; and 

(3) discharges of ballast water. 

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

(1) publish in the Federal Register for public comment 

a draft of the study required under subsection (a); 

(2) after taking into account any comments received during 

the public comment period, develop a final report with respect 

to the study; and 

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

of this Act, submit the final report to—

(A) the Committee on Transportation and Infrastructure of the House of Representatives; and 

(B) the Committees on Environment and Public Works 

and Commerce, Science, and Transportation of the Senate. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.