[Rhodes22-list] Jay F. - section of new law for your study

[Tootle]

Jay:

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.'.

Ed K
Greenville, SC, USA
“As for what is not true, you will always find abundance in the newspapers.”
– Thomas Jefferson 
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