Clean Boating Act of 2008
PL 110-288 (S.2766), enacted 07/29/2008

122 STAT. 2650 
PUBLIC LAW 110–288—JULY 29, 2008 
Public Law 110–288 
110th Congress 
An Act 
To amend the Federal Water Pollution Control Act to address certain discharges 
incidental to the normal operation of a recreational vessel. 
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 ‘‘Clean Boating Act of 2008’’. 
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION 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 OPERATION 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 
separator effluent, or effluent from properly functioning marine 
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.— 
‘‘(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 inspec-
tion 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 dis-
charge, other than a discharge of sewage, from a recreational 
vessel that is— 
33 USC 1251 
note. 
Clean Boating 
Act of 2008. 
July 29, 2008 
[S. 2766] 
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122 STAT. 2651 
PUBLIC LAW 110–288—JULY 29, 2008 
‘‘(A) incidental to the normal operation of the vessel; 
and 
‘‘(B) exempt from permitting requirements under sec-
tion 402(r). 
‘‘(2) DETERMINATION OF DISCHARGES SUBJECT TO MANAGE-
MENT PRACTICES.— 
‘‘(A) DETERMINATION.— 
‘‘(i) IN GENERAL.—The Administrator, in consulta-
tion with the Secretary of the department in which 
the Coast Guard is operating, the Secretary of Com-
merce, and interested States, shall determine the dis-
charges incidental to the normal operation of a rec-
reational vessel for which it is reasonable and prac-
ticable to develop management practices to mitigate 
adverse impacts on the waters of the United States. 
‘‘(ii) PROMULGATION.—The Administrator 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. 
‘‘(B) CONSIDERATIONS.—In making a determination 
under subparagraph (A), the Administrator 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 management prac-
tice would have on the operation, operational capa-
bility, or safety of the vessel; 
‘‘(v) applicable Federal and State law; 
‘‘(vi) applicable international standards; and 
‘‘(vii) the economic costs of the use of the manage-
ment practice. 
‘‘(C) TIMING.—The Administrator shall— 
‘‘(i) make the initial determinations under subpara-
graph (A) not later than 1 year after the date of enact-
ment of this subsection; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the determinations; and 
‘‘(II) if necessary, revise the determinations 
based on any new information available to the 
Administrator. 
‘‘(3) PERFORMANCE
STANDARDS
FOR
MANAGEMENT
PRAC-
TICES.— 
‘‘(A) IN
GENERAL.—For each discharge for which a 
management practice is developed under paragraph (2), 
the Administrator, in consultation with the Secretary of 
the department in which the Coast Guard is operating, 
the Secretary of Commerce, other interested Federal agen-
cies, and interested States, shall promulgate, in accordance 
with section 553 of title 5, United States Code, Federal 
standards of performance for each management practice 
required with respect to the discharge. 
Deadlines. 
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122 STAT. 2652 
PUBLIC LAW 110–288—JULY 29, 2008 
‘‘(B) CONSIDERATIONS.—In promulgating standards 
under this paragraph, the Administrator shall take into 
account the considerations described in paragraph (2)(B). 
‘‘(C) CLASSES, TYPES, AND
SIZES
OF
VESSELS.—The 
standards promulgated under this paragraph may— 
‘‘(i) distinguish among classes, types, and sizes 
of vessels; 
‘‘(ii) distinguish between new and existing vessels; 
and 
‘‘(iii) provide for a waiver of the applicability of 
the standards as necessary or appropriate to a par-
ticular class, type, age, or size of vessel. 
‘‘(D) TIMING.—The Administrator shall— 
‘‘(i) promulgate standards of performance for a 
management practice under subparagraph (A) not later 
than 1 year after the date of a determination under 
paragraph (2) that the management practice is reason-
able and practicable; and 
‘‘(ii) every 5 years thereafter— 
‘‘(I) review the standards; and 
‘‘(II) if necessary, revise the standards, in 
accordance with subparagraph (B) and based on 
any new information available to the Adminis-
trator. 
‘‘(4) REGULATIONS
FOR
THE
USE
OF
MANAGEMENT
PRAC-
TICES.— 
‘‘(A) IN GENERAL.—The Secretary of the department 
in which the Coast Guard is operating shall promulgate 
such regulations governing 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 prac-
ticable 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 promulgates the standards. 
‘‘(ii) EFFECTIVE
DATE.—The regulations promul-
gated by the Secretary under this paragraph shall 
be effective upon promulgation unless another effective 
date is specified in the regulations. 
‘‘(iii) CONSIDERATION OF TIME.—In determining the 
effective date of a regulation promulgated under this 
paragraph, the Secretary shall consider the period of 
time necessary to communicate the existence of the 
regulation to persons affected by the regulation. 
‘‘(5) EFFECT OF OTHER LAWS.—This subsection shall not 
affect the application of section 311 to discharges incidental 
to the normal operation of a recreational vessel. 
‘‘(6) PROHIBITION RELATING TO RECREATIONAL VESSELS.— 
After the effective date of the regulations promulgated by the 
Secretary of the department in which the Coast Guard is oper-
ating under paragraph (4), the owner or operator of a rec-
reational vessel shall neither operate in nor discharge any 
discharge incidental to the normal operation of the vessel into, 
Deadline. 
Deadlines. 
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122 STAT. 2653 
PUBLIC LAW 110–288—JULY 29, 2008 
LEGISLATIVE HISTORY—S. 2766: 
SENATE REPORTS: No. 110–398 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
July 22, considered and passed Senate and House. 
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 
applicable management practice meeting standards established 
under this subsection.’’. 
Approved July 29, 2008. 
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