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#423758 - 07/23/08 08:43 AM
Very good news! Clean Boating Act Passes.
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Carpe Dementia
Vice Admiral
Registered: 07/12/04
Posts: 161
Loc: West Bend, Wisconsin
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Press release Recreational Boating Industry Hails Congressional Passage of Clean Boating Act Bill prevents imminent, unprecedented EPA regulations on boaters and protects water resources July 23, 2008—Yesterday, the National Marine Manufacturers Association (NMMA) hailed the passage of H.R. 5949/S. 2766, the Clean Boating Act of 2008, in both the U.S. Senate and House of Representatives. Passage of this legislation, which has been the top legislative priority for NMMA during the 110th Congress, will permanently and fully restore a longstanding, commonsense regulation that excludes recreational boaters and anglers from the federal and state permitting requirements under the Clean Water Act designed for land-based industrial facilities and ocean-going commercial ships. Introduced by Senators Bill Nelson (D-Fla.) and Barbara Boxer (D-Calif.) in the Senate and by Representatives Steve LaTourette (R-Ohio) and Candice Miller (R-Mich.) in the House, the Clean Boating Act of 2008 will prevent federal and state permitting of water-based, non-polluting incidental discharges that occur in the normal operation of a recreational boat, such as weather deck run-off and engine coolant water. “The Senate and House have acted swiftly, and we appreciate the bipartisan nature of their action to protect the recreational marine industry, the American boating public and our natural resources. This is an historic victory for our 1,700 members and for boaters across the nation who just love being out on the water unencumbered by unnecessary government red tape and significant legal jeopardy,” said Scott Gudes, NMMA vice president of government relations. “Congress has acted decisively to keep boating fun, safe and simple.” This new regulation, set to become law on October 1, 2008 if Congress had not acted, was the result of an overbroad federal court decision in a case focused on commercial ship ballast water. The unintended consequence of the decision would have meant that recreational boaters and other vessel operators would be required to follow a multitude of new rules and regulations and been exposed to fines (up to $32,500 per day, per violation) and citizen lawsuits. “Both the House and Senate have sent a positive message to the nation’s 73 million boaters through the passage of these critical pieces of legislation” noted NMMA president, Thom Dammrich. “After a long road on Capitol Hill, the bill is now ready for the President’s signature into law. We encourage the President to act fast in signing this bill to stave off unprecedented and unnecessary new regulations on America’s boaters and anglers.” Passage of the Clean Boating Act, a genuine bipartisan, good-government bill, was made possible by a large number of committed legislators on both sides of the political aisle. NMMA extends its special thanks to Senators Bill Nelson (D-Fla.), Barbara Boxer (D-Calif.), Patty Murray (D-Wash.), Lisa Murkowski (R-Alaska), Richard Burr (R-N.C.), Mel Martinez (R-Fla.), Herb Kohl (D-Wis.), James Inhofe (R-Okla.), Chuck Schumer (D-N.Y.) and all of the 39 cosponsors of the bill in the Senate. In the House, Chairman of the House Transportation and Infrastructure Committee James Oberstar (D-Minn.), Ranking Member John Mica (R-Fla.), Representatives Steve LaTourette (R-Ohio), Candice Miller (R-Mich.), Gene Taylor (D-Miss.) and all the many cosponsors of the bill are to be thanked and congratulated for their hard work and skillful leadership. At the same time it passed the Clean Boating Act, Congress also passed H.R. 6556/S. 3278, legislation to provide a moratorium on permitting for commercial vessel discharges until the Environmental Protection Agency (EPA) completes a review of certain incidental discharges. This legislation was the product of extensive negotiations between Senators Murkowski, Boxer, Nelson and Murray as well as Representatives Oberstar, Taylor and others. NMMA congratulates these Members of Congress on achieving this consensus measure to provide relief for commercial craft. NMMA and BoatU.S., along with more than 60 partners in the Boat Blue Coalition, led the charge to attain passage of the Clean Boating Act of 2008. About NMMA: National Marine Manufacturers Association (NMMA) is the leading association representing the recreational boating industry. NMMA member companies produce more than 80 percent of the boats, engines, trailers, accessories and gear used by boaters in the United States. The association is dedicated to industry growth through programs in public policy, market research and data, product quality assurance and marketing communications.
Edited by bekosh (07/23/08 08:44 AM)
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 "Not So Fast!" 1991 Wellcraft 216XL Eclipse 7.4l/Bravo1 My Google Map
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#423770 - 07/23/08 09:05 AM
Re: Very good news! Clean Boating Act Passes.
[Re: Admin]
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Safety Officer
Admiral
Registered: 03/17/04
Posts: 6678
Loc: SoCal
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Glad to hear. Thanks for the update.  NMMA extends its special thanks to Senators Bill Nelson (D-Fla.), Barbara Boxer (D-Calif.), Patty Murray (D-Wash.), Lisa Murkowski (R-Alaska), Richard Burr (R-N.C.), Mel Martinez (R-Fla.), Herb Kohl (D-Wis.), James Inhofe (R-Okla.), Chuck Schumer (D-N.Y.) and all of the 39 cosponsors of the bill in the Senate.  Wonder what pet piece of legislation Ms. Murkowski got for removing her objection. Might have to look into it, but likely we will only be able to speculate. Those deals can be hard to ferret out. At the same time it passed the Clean Boating Act, Congress also passed H.R. 6556/S. 3278, legislation to provide a moratorium on permitting for commercial vessel discharges until the Environmental Protection Agency (EPA) completes a review of certain incidental discharges. This legislation was the product of extensive negotiations between Senators Murkowski, Boxer, Nelson and Murray as well as Representatives Oberstar, Taylor and others. NMMA congratulates these Members of Congress on achieving this consensus measure to provide relief for commercial craft.
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72% of fatal boat accidents are caused by boaters that haven't taken a safe boating course. 2001 Sea Ray Sundeck 190 5.0 EFI Alpha I,Generation 2 2002 4x4 LB Lariat CC F250, 7.3PSD 
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#423779 - 07/23/08 09:22 AM
Re: Very good news! Clean Boating Act Passes.
[Re: deepv]
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Safety Officer
Admiral
Registered: 03/17/04
Posts: 6678
Loc: SoCal
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Looks like a BMP may still be required.
Clean Boating Act of 2008 (Engrossed as Agreed to or Passed by Senate)
S 2766 ES
110th CONGRESS
2d Session
S. 2766
--------------------------------------------------------------------------------
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 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).
`(2) DETERMINATION OF DISCHARGES SUBJECT TO MANAGEMENT PRACTICES-
`(A) DETERMINATION-
`(i) IN GENERAL- The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal 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 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 determines 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 practice would have on the operation, operational capability, 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 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
`(II) if necessary, revise the determinations based on any new information available to the Administrator.
`(3) PERFORMANCE STANDARDS FOR MANAGEMENT PRACTICES-
`(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 agencies, 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.
`(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 particular 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 reasonable 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 Administrator.
`(4) REGULATIONS FOR THE USE OF MANAGEMENT PRACTICES-
`(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 recreational 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 promulgates the standards.
`(ii) EFFECTIVE DATE- The regulations promulgated 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 operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation 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 applicable management practice meeting standards established under this subsection.'.
Passed the Senate July 22, 2008.
Attest:
Secretary.
110th CONGRESS
2d Session
S. 2766
AN ACT
To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.
Edited by deepv (07/23/08 09:24 AM)
_________________________
72% of fatal boat accidents are caused by boaters that haven't taken a safe boating course. 2001 Sea Ray Sundeck 190 5.0 EFI Alpha I,Generation 2 2002 4x4 LB Lariat CC F250, 7.3PSD
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#424227 - 07/24/08 07:47 PM
Re: Very good news! Clean Boating Act Passes.
[Re: StarFisher]
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Admiral
Registered: 12/15/02
Posts: 28862
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