Organotin Antifouling Paint Control Act of 1988
PL 100-333 (H.R.2210), enacted 06/16/1988

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PUBLIC LAW 100-333—JUNE 16, 1988 
102 STAT. 605 
Public Law 100-333 
100th Congress 
An Act 
To prohibit the use of certain antifouling paints containing organotin and the use of 
organotin compounds, purchased at retail, used to make such paints. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Organotin Antifouling Paint Con-
trol Act of 1988". 
SEC. 2. FINDINGS; PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) Antifouling paints containing organotin biocides are used 
to prevent the build-up of barnacles and other encrusting orga-
nisms on vessels. 
(2) Laboratory and field studies show that organotin is very 
toxic to marine and freshwater organisms at very low levels. 
(3) Vessels that are less than 25 meters in length and are 
coated with organotin antifouling paint account for a large 
amount of the organotin released into the aquatic environment. 
(4) The Environmental Protection Agency has determined 
that concentrations of organotin currently in the waters of the 
United States may pose unreasonable risks to oysters, clams, 
fish, and other aquatic life. 
(b) PURPOSE.—The purpose of this Act is to protect the aquatic 
environment by reducing immediately the quantities of organotin 
entering the waters of the United States. 
SEC. 3. DEFINITIONS. 
For purposes of this Act: 
(1) The term "Administrator" means the Administrator of the 
Environmental Protection Agency. 
(2) The term "antifouling paint" means a coating, paint, or 
treatment that is applied to a vessel to control fresh water or 
marine fouling organisms. 
(3) The term "estuary" means a body of water having an 
unimpaired connection with open sea, where the sea water is 
measurably diluted with fresh water derived from land drain-
age, and such term includes the Chesapeake Bay and estuary-
type areas of the Great Lakes. 
(4) The term "organotin" means any compound of tin used as 
a biocide in an antifouling paint. 
(5) The term "person" means any individual, and partnership, 
association, corporation, or organized group of persons whether 
incorporated or not, or any government entity, including the 
military. 
(6) The 
term 
"qualified 
antifouling 
paint 
containing 
organotin" means an antifouling paint containing organotin 
that— 
June 16, 1988 
[H.R. 2210] 
Organotin 
Antifouling 
Paint Control 
Act of 1988. 
Hazardous 
materials. 
Environmental 
protection. 
33 u s e 2401 
note. 
33 u s e 2401. 
33 u s e 2402. 
102 STAT. 606 
PUBLIC LAW 100-333—JUNE 16, 1988 
(A) is allowed to be used under the terms of the final 
decision referred to in section 12(c); or 
(B) until such final decision takes effect, is certified by the 
Administrator under section 6 as having a release rate of 
not more than 4.0 micrograms per square centimeter per 
day. 
(7) The term "release rate" means the rate at which organotin 
is released from an antifouling paint over the long term, as 
determined by the Administrator, using— 
(A) the American Society for Testing Materials (ASTM) 
standard test method which the Environmental Protection 
Agency required in its July 29, 1986, data call-in notice on 
tributyltin compounds used in antifouling paints; or 
(B) any similar test method specified by the Adminis-
trator. 
(8) The term "retail" means the transfer of title to tangible 
personal property other than for resale, after manufacturing or 
processing. 
(9) The term "Secretary" means the Secretary of the Navy. 
(10) The term "State" means a State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, or any terri-
tory or possession of the United States. 
(11) The term 
"vessel" includes every description of 
watercraft or other artificial contrivance used, or capable of 
being used, as a means of transportation on water. 
33 u s e 2403. 
SEC. 4. PROHIBITION 
ON 
THE 
APPLICATION 
OF 
ORGANOTIN 
ANTIFOULING PAINTS ON CERTAIN VESSELS. 
(a) PROHIBITION.—Subject to section 12(d), and except as provided 
in subsection (b), no person in any State may apply to a vessel that is 
less than 25 meters in length an antifouling paint containing 
organotin. 
(b) EXCEPTIONS.—Subsection (a) shall not prohibit the application 
of a qualified antifouling paint containing organotin on— 
(1) the aluminum hull of a vessel that is less than 25 meters in 
length; or 
(2) the outboard motor or lower drive unit of a vessel that is 
less than 25 meters in length. 
33 u s e 2404. 
SEC. 5. PROHIBITION OF CERTAIN ORGANOTIN ANTIFOULING PAINTS 
AND ORGANOTIN ADDITIVES USED TO MAKE SUCH PAINTS. 
(a) INTERIM PROHIBITION OF CERTAIN ORGANOTIN ANTIFOULING 
PAINTS.—Subject to section 12(d), no person in any State may— 
(1) sell or deliver to, or purchase or receive from, another 
person an antifouling paint containing organotin; or 
Maritime 
(2) apply to a vessel an antifouling paint containing organotin; 
affairs. 
unless the antifouling paint is certified by the Administrator as 
being a qualified antifouling paint containing organotin. 
(b) PROHIBITION OF CERTAIN ORGANOTIN ADDITIVES.—Subject to 
section 12(d), no person in any State may sell or deliver to, or 
purchase or receive from, another person at retail any substance 
containing organotin for the purpose of adding such substance to 
paint to create an antifouling paint. 
PUBLIC LAW 100-333—JUNE 16, 1988 
102 STAT. 607 
SEC. 6. CERTIFICATION. 
(a) INITIAL CERTIFICATION.—Not later than 90 days £ifter the date 
of the enactment of this Act, the Administrator shall certify each 
antifouling paint containing organotin that the Administrator 
determines has a release rate of not more than 4.0 micrograms per 
square centimeter per day on the basis of the information submitted 
to the Environmental Protection Agency before the date of the 
enactment of this Act in response to its July 29, 1986, data call-in 
notice on tributyltin or any other data call-in notice. 
0)) SUBSEQUENT CERTIFICATION.—After the initial period of certifi-
cation required by subsection (a), and not later than 90 days after 
the receipt of information with regard to an antifouling paint 
containing organotin submitted— 
(1) in response to a data call-in referred to in subsection (a); or 
(2) under any provision of law; 
the Administrator shall certify such paint if, on the basis of such 
information, the Administrator determines that such paint has a 
release rate of not more than 4.0 micrograms per square centimeter 
per day. 
SEC. 7. MONITORING AND RESEARCH OF ECOLOGICAL EFFECTS. 
(a) ESTUARINE MONITORING.—The Administrator, in consultation 
with the Under Secretary of Commerce for Oceans and Atmosphere, 
shall monitor the concentrations of organotin in the water column, 
sediments, and aquatic organisms of representative estuaries and 
near-coastal waters in the United States. This monitoring program 
shall remain in effect until 10 years after the date of the enactment 
of this Act. The Administrator shall submit a report annually to the 
Speaker of the House of Representatives and to the President pro 
tempore of the Senate detailing the results of such monitoring 
program for the preceding year. 
(h) NAVY HOME PORT MONITORING.—The Secretary shall provide 
for periodic monitoring, not less than quarterly, of waters serving as 
the home port for any Navy vessel coated with an antifouling paint 
containing organotin to determine the concentration of organotin in 
the water column, sediments, and aquatic organisms of such waters. 
(c) NAVY RESEARCH OF ECOLOGICAL EFFECTS.—The Secretary shall 
continue existing Navy programs evaluating the laboratory toxicity 
and environmental risks associated with the use of antifouling 
paints containing organotin. 
(d) REPORT.—The Secretary shall submit a report annually to the 
Administrator and to the Governor of each State in which a home 
port for the Navy is monitored under subsection Ot)) detailing the 
results of such monitoring in the State. Such reports shall be 
included in the annual report required to be submitted under 
subsection (a). 
(e) ASSISTANCE TO STATES.—TO the extent practicable, 
the 
Administrator shall assist States in monitoring waters in such 
States for the presence of organotin and in analyzing samples taken 
during such monitoring. 
(f) FIVE-YEAR REPORT.—At the end of the 5-year period beginning 
on the date of the enactment of this Act, the Administrator shall 
submit a report to the Speaker of the House of Representatives and 
to the President pro tempore of the Senate providing an assessment 
of— 
33 u s e 2405. 
Water. 
33 use 2406. 
Termination 
date. 
Reports. 
102 STAT. 608 
PUBLIC LAW 100-333—JUNE 16, 1988 
Safety. 
(1) the effectiveness of existing laws and rules concerning 
organotin compounds in ensuring protection of human health 
and the environment; 
(2) compliance with water quality criteria established pursu-
ant to section 9 of this Act and any applicable water quality 
standards; and 
Safety. 
(3) recommendations for additional measures to protect 
human health and the environment. 
33 u s e 2407. 
SEC. 8. ALTERNATIVE ANTIFOULANT RESEARCH. 
(a) RESEARCH.—The Secretary and the Administrator shall con-
duct research into chemical and nonchemical alternatives to 
antifouling paints containing organotin. 
(b) REPORT.—At the end of the 4-year period beginning on the date 
of the enactment of this Act, the Administrator, in consultation with 
the Secretary, shall submit a report to the Speaker of the House of 
Representatives and to the President pro tempore of the Senate 
detailing the results of the research conducted pursuant to subsec-
tion (a). 
33 u s e 2408. 
SEC. 9. WATER QUALITY CRITERIA DOCUMENT. 
Not later than March 30, 1989, the Administrator shall issue a 
final water quality criteria document concerning organotin com-
pounds pursuant to section 304(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1314(a)). 
33 u s e 2409. 
SEC. 10. PENALTIES. 
(a) CIVIL PENALTIES.—(1) Any person violating section 4 or 5 shall 
b6 assessed a civil penalty of not more than $5,000 for each offense. 
(2) After notice and an opportunity for a hearing, a person found 
by the Administrator to have violated section 4 or 5 is liable to the 
United States Government for the civil penalty assessed under 
subsection (a). The amount of the civil penalty shall be assessed by 
the Administrator by written notice. In determining the amount of 
the penalty, the Administrator shall consider the nature, cir-
cumstances, extent, and gravity of the prohibited acts committed 
and, with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and other matters that 
justice requires. 
(3) The Administrator may compromise, modify, or remit, with or 
without consideration, a civil penalty assessed under this section 
until the assessment is referred to the Attorney General. 
(4) If a person fails to pay an assessment of a civil penalty after it 
has become final, the Administrator may refer the matter to the 
Attorney General for collection in the appropriate United States 
district court. 
(b) CRIMINAL PENALTIES.—Any person knowingly violating section 
4 or 6 shall be fined not more than $25,000, or imprisoned for not 
more than one year, or both. 
33 u s e 2410. 
SEC. 11. OTHER AUTHORITIES; STATE LAWS. 
(a) OTHER AUTHORITIES OF THE ADMINISTRATOR.—Nothing in this 
Act shall limit or prevent the Administrator from establishing a 
lower permissible release rate for organotin under authorities other 
than this Act. 
(b) STATE LAWS.—Nothing in this Act shall preclude or deny any 
State or political subdivision thereof the right to adopt or enforce 
PUBLIC LAW 100-333—JUNE 16,1988 
102 STAT. 609 
any requirement regarding antifouling paint or any other substance 
containing organotin. Compliance with the requirements of any 
State or political subdivision thereof respecting antifouling paint or 
any other substance containing organotin shall not relieve £iny 
person of the obligation to comply with the provisions of this Act. 
SEC. 12. EFFECTIVE DATES; USE OF EXISTING STOCKS. 
33 USC 2401 
(a) IN GENERAL.—Except as provided in subsection (b), this Act 
shall take effect on the date of its enactment. 
(b) TERMINATION OF INTERIM PROHIBITION.—Section 5(a) shall 
remain in effect until a final decision regarding the release of 
organotin into the aquatic environment by antifouling paints, 
pursuant to the process initiated by the Administrator's Position 
Document 1 dated January 8,1986— 
(1) is issued by the Administrator; and 
(2) takes effect. 
(c) FINAL DECISION DEFINED.—For purposes of subsection (h), a 
final decision shall be considered to have taken effect upon the date 
of the expiration of the time for making any appeal with respect to 
such decision or, in the case of any such appeal, the resolution of 
such appeal. 
(d) USE OF EXISTING STOCKS.—Notwithstanding the prohibitions 
contained in sections 4 and 5, the Administrator, not later than 90 
days after the date of the enactment of this Act, shall provide 
reasonable times— 
(1) not to exceed 180 days after the date of the enactment of 
this Act, for the continued sale, delivery, purchase, and receipt 
of any antifouling paints containing organotin and organotin 
additives that exist before the date of the enactment of this Act; 
and 
(2) not to exceed one year after the date of the enactment of 
this Act, for the application of any antifouling paints containing 
organotin and organotin additives that exist before the date of 
the enactment of this Act. 
Approved June 16,1988. 
LEGISLATIVE HISTORY—H.R. 2210 (S. 1788): 
HOUSE REPORTS: No. 100-400 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 100-237 accompanying S. 1788 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Nov. 9, considered and passed House. 
Dec. 11, considered and passed Senate, amended, in lieu of 
S. 1788. 
Dec. 18, House concurred in Senate amendment with an amend-
ment. 
Vol. 134 (1988): Apr. 18, Senate concurred in House amendment with an amend-
ment. 
May 24, House concurred in Senate amendment.