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.
PL 110-299 (S.3298), enacted 07/31/2008

122 STAT. 2995 
PUBLIC LAW 110–299—JULY 31, 2008 
Public Law 110–299 
110th Congress 
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’’, ‘‘dis-
charge’’, ‘‘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 VES-
SELS. 
(a) NO PERMIT REQUIREMENT.—Except as provided in sub-
section (b), during the 2-year period beginning on the date of enact-
ment 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 dis-
charged 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; 
Time period. 
33 USC 1342 
note. 
33 USC 1342 
note. 
July 31, 2008 
[S. 3298] 
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122 STAT. 2996 
PUBLIC LAW 110–299—JULY 31, 2008 
(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 determina-
tions 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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122 STAT. 2997 
PUBLIC LAW 110–299—JULY 31, 2008 
LEGISLATIVE HISTORY—S. 3298: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
July 22, considered and passed Senate and House. 
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 Infrastruc-
ture of the House of Representatives; and 
(B) the Committees on Environment and Public Works 
and Commerce, Science, and Transportation of the Senate. 
Approved July 31, 2008. 
Federal Register, 
publication. 
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