IB 
Union Calendar No. 488 
110TH CONGRESS 
2D SESSION 
H. R. 5949 
[Report No. 110–765] 
To amend the Federal Water Pollution Control Act to address certain 
discharges incidental to the normal operation of a recreational vessel. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2008 
Mr. LATOURETTE (for himself and Mrs. MILLER of Michigan) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
JULY 22, 2008 
Additional sponsors: Mr. COBLE, Mr. FILNER, Ms. SCHWARTZ, Mr. 
WHITFIELD of Kentucky, Mr. KIND, Mr. KAGEN, Mr. PAUL, Mr. 
CARTER, Mr. GERLACH, Mr. WALSH of New York, Mr. FARR, Mr. 
ENGLISH of Pennsylvania, Ms. SUTTON, Mrs. GILLIBRAND, Mr. KING of 
New York, Mr. BOREN, Mr. SARBANES, Mr. KLEIN of Florida, Mr. ROG-
ERS of Kentucky, Mr. SHAYS, Mr. GOODE, Mr. ISRAEL, Mr. KNOLLEN-
BERG, Mr. KUHL of New York, Mr. HAYES, Ms. KAPTUR, and Mr. CAMP-
BELL of California 
JULY 22, 2008 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend the Federal Water Pollution Control Act to ad-
dress certain discharges incidental to the normal oper-
ation of a recreational vessel. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Boating Act of 
2008’’. 
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPER-
ATION OF RECREATIONAL VESSELS. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended by adding at the end 
the following: 
‘‘(r) DISCHARGES INCIDENTAL TO THE NORMAL OP-
ERATION OF RECREATIONAL VESSELS.—No permit shall 
be required under this Act by the Administrator (or a 
State, in the case of a permit program approved under 
subsection (b)) for the discharge of any graywater, bilge 
water, cooling water, weather deck runoff, oil water sepa-
rator effluent, or effluent from properly functioning ma-
rine engines, or any other discharge that is incidental to 
the normal operation of a vessel, if the discharge is from 
a recreational vessel.’’. 
SEC. 3. DEFINITION. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end 
the following: 
‘‘(25) RECREATIONAL VESSEL.— 
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‘‘(A) IN GENERAL.—The term ‘recreational 
vessel’ means any vessel that is— 
‘‘(i) manufactured or used primarily 
for pleasure; or 
‘‘(ii) leased, rented, or chartered to a 
person for the pleasure of that person. 
‘‘(B) EXCLUSION.—The term ‘recreational 
vessel’ does not include a vessel that is subject 
to Coast Guard inspection and that— 
‘‘(i) is engaged in commercial use; or 
‘‘(ii) carries paying passengers.’’. 
SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL 
VESSELS. 
Section 312 of the Federal Water Pollution Control 
Act (33 U.S.C. 1322) is amended by adding at the end 
the following: 
‘‘(o) MANAGEMENT PRACTICES FOR RECREATIONAL 
VESSELS.— 
‘‘(1) APPLICABILITY.—This subsection applies 
to any discharge, other than a discharge of sewage, 
from a recreational vessel that is— 
‘‘(A) incidental to the normal operation of 
the vessel; and 
‘‘(B) exempt from permitting requirements 
under section 402(r). 
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‘‘(2) DETERMINATION
OF
DISCHARGES
SUB-
JECT TO MANAGEMENT PRACTICES.— 
‘‘(A) DETERMINATION.— 
‘‘(i) IN
GENERAL.—The Adminis-
trator, in consultation with the Secretary 
of the department in which the Coast 
Guard is operating, the Secretary of Com-
merce, and interested States, shall deter-
mine the discharges incidental to the nor-
mal operation of a recreational vessel for 
which it is reasonable and practicable to 
develop management practices to mitigate 
adverse impacts on the waters of the 
United States. 
‘‘(ii) PROMULGATION.—The Adminis-
trator shall promulgate the determinations 
under clause (i) in accordance with section 
553 of title 5, United States Code. 
‘‘(iii) MANAGEMENT PRACTICES.—The 
Administrator shall develop management 
practices for recreational vessels in any 
case in which the Administrator deter-
mines that the use of those practices is 
reasonable and practicable. 
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‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Ad-
ministrator shall consider— 
‘‘(i) the nature of the discharge; 
‘‘(ii) the environmental effects of the 
discharge; 
‘‘(iii) the practicability of using a 
management practice; 
‘‘(iv) the effect that the use of a man-
agement practice would have on the oper-
ation, operational capability, or safety of 
the vessel; 
‘‘(v) applicable Federal and State law; 
‘‘(vi) applicable international stand-
ards; and 
‘‘(vii) the economic costs of the use of 
the management practice. 
‘‘(C) TIMING.—The Administrator shall— 
‘‘(i) make the initial determinations 
under subparagraph (A) not later than 1 
year after the date of enactment of this 
subsection; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the determinations; 
and 
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‘‘(II) if necessary, revise the de-
terminations based on any new infor-
mation available to the Administrator. 
‘‘(3) PERFORMANCE STANDARDS FOR MANAGE-
MENT PRACTICES.— 
‘‘(A) IN
GENERAL.—For each discharge 
for which a management practice is developed 
under paragraph (2), the Administrator, in con-
sultation with the Secretary of the department 
in which the Coast Guard is operating, the Sec-
retary of Commerce, other interested Federal 
agencies, and interested States, shall promul-
gate, in accordance with section 553 of title 5, 
United States Code, Federal standards of per-
formance for each management practice re-
quired with respect to the discharge. 
‘‘(B) CONSIDERATIONS.—In promulgating 
standards under this paragraph, the Adminis-
trator shall take into account the considerations 
described in paragraph (2)(B). 
‘‘(C) CLASSES, TYPES, AND SIZES OF VES-
SELS.—The standards promulgated under this 
paragraph may— 
‘‘(i) distinguish among classes, types, 
and sizes of vessels; 
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‘‘(ii) distinguish between new and ex-
isting vessels; and 
‘‘(iii) provide for a waiver of the appli-
cability of the standards as necessary or 
appropriate to a particular class, type, age, 
or size of vessel. 
‘‘(D) TIMING.—The Administrator shall— 
‘‘(i) promulgate standards of perform-
ance for a management practice under 
subparagraph (A) not later than 1 year 
after the date of a determination under 
paragraph (2) that the management prac-
tice is reasonable and practicable; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the standards; and 
‘‘(II) if necessary, revise the 
standards, in accordance with sub-
paragraph (B) and based on any new 
information available to the Adminis-
trator. 
‘‘(4) REGULATIONS FOR THE USE OF MANAGE-
MENT PRACTICES.— 
‘‘(A) IN GENERAL.—The Secretary of the 
department in which the Coast Guard is oper-
ating shall promulgate such regulations gov-
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erning the design, construction, installation, 
and use of management practices for rec-
reational vessels as are necessary to meet the 
standards of performance promulgated under 
paragraph (3). 
‘‘(B) REGULATIONS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall promulgate the regulations under this 
paragraph as soon as practicable after the 
Administrator promulgates standards with 
respect to the practice under paragraph 
(3), but not later than 1 year after the 
date on which the Administrator promul-
gates the standards. 
‘‘(ii) EFFECTIVE DATE.—The regula-
tions promulgated by the Secretary under 
this paragraph shall be effective upon pro-
mulgation unless another effective date is 
specified in the regulations. 
‘‘(iii) CONSIDERATION
OF
TIME.—In 
determining the effective date of a regula-
tion promulgated under this paragraph, 
the Secretary shall consider the period of 
time necessary to communicate the exist-
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ence of the regulation to persons affected 
by the regulation. 
‘‘(5) EFFECT
OF
OTHER
LAWS.—This sub-
section shall not affect the application of section 311 
to discharges incidental to the normal operation of 
a recreational vessel. 
‘‘(6) 
PROHIBITION
RELATING
TO
REC-
REATIONAL
VESSELS.—After the effective date of 
the regulations promulgated by the Secretary of the 
department in which the Coast Guard is operating 
under paragraph (4), the owner or operator of a rec-
reational vessel shall neither operate in nor dis-
charge any discharge incidental to the normal oper-
ation of the vessel into, the waters of the United 
States or the waters of the contiguous zone, if the 
owner or operator of the vessel is not using any ap-
plicable management practice meeting standards es-
tablished under this subsection.’’. 
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Union Calendar No. 488 
110TH CONGRESS 
2D SESSION 
H. R. 5949 
[Report No. 110–765] 
A BILL 
To amend the Federal Water Pollution Control Act 
to address certain discharges incidental to the 
normal operation of a recreational vessel. 
JULY 22, 2008 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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