[Senate Report 113-284]
[From the U.S. Government Publishing Office]
Calendar No. 613
113th Congress Report
SENATE
2d Session 113-284
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A BILL TO REMOVE A LIMITATION ON A PROHIBITION RELATING TO PERMITS FOR
DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS
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December 4, 2014.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2963]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2963) to a bill to remove a limitation on a
prohibition relating to permits for discharges incidental to
normal operation of vessels, having considered the same,
reports favorably thereon and recommends that the bill do pass.
General Statement and Background
P.L. 110-299 (as amended) established a moratorium on Clean
Water Act National Pollutant Discharge Elimination System
(NPDES) permitting of non-ballast water discharges from 1)
fishing vessels and 2) commercial vessels less than 79 feet.
The current moratorium ends on December 18, 2014. At that time,
these vessels would be required to hold a permit for any
discharge. S. 2963 would strike the existing moratorium
expiration date on NPDES permits for these vessel types.
A 2006 federal court ruling vacated a long-standing
Environmental Protection Agency (EPA) rule that exempted
discharges incidental to the normal operation of vessels from
permitting requirements of the Clean Water Act. This exemption
had been challenged over concerns about the effects of invasive
species transported by vessels and the lack of requirements in
place to address this problem.
In response to the Court decision, multiple actions were
taken to address vessel discharges:
In July 2008, Public Law 110-288 reduced the scope
of vessels subject to Clean Water Act permitting by
establishing a permanent exclusion of recreational vessels from
permit requirements and directing EPA to instead develop
mandatory Best Management Practices applicable to these
vessels.
EPA addressed new permitting requirements for most
large, non-recreational vessels, when it issued its Final
Vessel General Permit (VGP) on December 18, 2008. On March 28,
2013, EPA re-issued the VGP for another five years, which took
effect December 19, 2013.
Congress has extended the initial 2-year permit moratorium
for small commercial vessels and fishing vessels multiple times
since it was originally enacted on July 31, 2008. S. 2963 would
permanently exempt these vessels from the requirement to obtain
an NPDES permit.
Objectives of the Legislation
This bill will amend Public Law 110-299 to permanently
exempt discharges incidental to the normal operation of fishing
vessels and commercial vessels less than 79 feet.
Section-by-Section Analysis
Section 1. Discharges incidental to normal operation of vessels
Section 1 amends Section 2(a) of Public Law 110-299 (33
U.S.C. 1342) by permanently extending the moratorium on NPDES
permitting requirements, for non-ballast water discharges from
1) fishing vessels and 2) commercial vessels less than 79 feet.
Legislative History
S. 2963 was introduced by Senator Barbara Boxer (D-CA) on
November 20, 2014 with 11 co-sponsors. The bill was received,
read twice, and referred to the Senate Committee on Environment
and Public Works.
On December 2, 2014, the full Committee on Environment and
Public Works met to consider the bill. The bill was ordered
reported favorably without amendment by voice vote. All ten
majority members were present and recorded as ``yea''. Eight
members were recorded as ``nay''.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2963 on December 2, 2014. The bill was ordered to
be reported favorably by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2963
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee notes that the Congressional
Budget Office (CBO) has found, ``S. 2963 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.''
December 4, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2963, a bill to
remove a limitation on a prohibition relating to permits for
discharges incidental to normal operation of vessels.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2963--A bill to remove a limitation on a prohibition relating to
permits for discharges incidental to normal operation of
vessels
S. 2963 would permanently extend an existing rule
prohibiting the Environmental Protection Agency (or a state
administering the Clean Water Act) from requiring a permit for
incidental discharges from fishing vessels or commercial
vessels less than 79 feet long. CBO estimates that enacting
this legislation would have no significant budgetary effect.
Pay-as-you-go procedures do not apply to this legislation
because it would not affect direct spending or revenues.
S. 2963 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for his estimate is Susanne S.
Mehlman. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
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[PUBLIC LAW 110-299]
[33 U.S.C. 1342]
SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
(a) No Permit Requirement.--Except as provided in subsection
(b), [during the period beginning on the date of the enactment
of this Act and ending on December 18, 2014,] the
Administrator, or a State in the case of a permit program
approved under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342), shall not require a permit under
that section for a covered vessel for--