Date: 2008-07-22
Speaker: EDDIE BERNICE JOHNSON (democrat)
Chamber: H
State: Texas

Mr. Speaker. I rise today in support of S. 2766. the "Clean Boating Act of 2008." which provides a targeted Clean Water Act exemption for discharges incidental to the normal operation of a recreational vessel. This legislation is in response to a 2005 Federal district court decision. which struck down a decadesold exemption for discharges incidental to the normal operation of a vessel. Although the focus of the 2005 court decision was the discharge of ballast water. the implications of this decision are likely to affect the more than 13 million recreational boaters in the United States. The committee believes that the discharge of pollutants from recreational vessels is likely to pose a minimal adverse impact on water quality and the environment. even on a cumulative basis. Accordingly. it is appropriate to reaffirm a limited exclusion from the National Pollution Discharge Elimination System. or NPDES. requirements of the Clean Water Act for discharges incidental to the normal operation of a recreational vessel. such as graywater. bilge water. and weather deck runoff. S. 2766. the Clean Boating Act. would amend the Clean Water Act to provide a limited statutory exemption for discharges from recreational vessels. which would be clearly defined in the statute. In addition. the scope of coverage for "discharges incidental to the normal operation of a recreational vessel" is intended to mirror those discharges that were included in the EPA regulatory exclusion. found at 40 CFR 122.3(a). However. in order to further minimize any potential adverse impact to water quality and the environment. the Administrator must further examine the potential adverse impacts of discharges incidental to the normal operation of a recreational vessel. and develop appropriate management practices to mitigate potential adverse impacts on the waters of the United States. Accordingly. S. 2766 also amends section 312 of the Clean Water Act to establish management practices for any discharges from a recreational vessel that would be excluded by this act. other than the discharge of sewage regulated under section 312 of the act). This provision directs the Administrator to develop "reasonable and practicable" management practices to mitigate the adverse impacts that may result from discharges from a recreational vessel excluded by this act. Under this provision. the Administrator must complete its evaluation of management practices for discharges excluded by this act within 1 year of the date of enactment. and review its evaluation. and revise. if necessary. every5 years thereafter. S. 2766 also requires the Administrator. in consultation with the Coast Guard. the Department of Commence. and other interested Federal agencies. to develop performance standards for management practices based on the class. type. and size of the vessel. and directs the Coast Guard to conduct a rulemaking governing the design. construction. installation. and use of management practices for recreational vessels as are necessary to meet these performance standards. Finally. this legislation includes a savings clause to ensure that this act does not affect existing Clean Water Act prohibitions against discharges of oil or hazardous substances under section 311 of the act. I urge my colleagues to support this targeted legislative proposal to properly address discharges from recreational vessels.