Sec. 902. Purposes; findings

466 words·~2 min read·/bill/115/s/140/eas/section-902

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The purposes of this title are— to provide for the establishment of uniform, environmentally sound standards and requirements for the management of discharges incidental to the normal operation of a vessel; to charge the Environmental Protection Agency with primary responsibility for establishing standards relating to the discharge of pollutants from vessels; to charge the Coast Guard with primary responsibility for prescribing, administering, and enforcing regulations, consistent with the discharge standards established by the Environmental Protection Agency, for the design, construction, installation, and operation of the equipment and management practices required onboard vessels; and to preserve the flexibility of States, political subdivisions, and certain regions with respect to the administration and enforcement of standards relating to the discharge of pollutants from vessels engaged in maritime commerce and transportation.

Congress finds that— the Environmental Protection Agency is the principal Federal authority charged under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) with regulating through the issuance of permits for the discharge of pollutants into the navigable waters of the United States; the Coast Guard is the principal Federal authority charged with administering, enforcing, and prescribing regulations relating to the discharge of pollutants from vessels; and during the period of 1973 to 2010— the Environmental Protection Agency promulgated regulations exempting certain discharges incidental to the normal operation of vessels from otherwise applicable permitting requirements of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and Congress enacted laws on numerous occasions governing the regulation of discharges incidental to the normal operation of vessels, including— the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 et seq.); the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq.); the National Invasive Species Act of 1996 ( 16 U.S.C. 4701 note;

Public Law 104–332 ); section 415 of the Coast Guard Authorization Act of 1998 ( Public Law 105–383 ; 112 Stat. 3434) and section 623 of the Coast Guard and Maritime Transportation Act of 2004 ( 33 U.S.C. 1901 note; Public Law 108–293 ), which established interim and permanent requirements, respectively, for the regulation of vessel discharges of certain bulk cargo residue; title XIV of division B of Appendix D of the Consolidated Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763A–315), which prohibited or limited certain vessel discharges in certain areas of Alaska; section 204 of the Maritime Transportation Security Act of 2002 ( 33 U.S.C. 1902a ), which established requirements for the regulation of vessel discharges of agricultural cargo residue material in the form of hold washings; and title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 et seq.), which provided for the implementation of the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001.

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