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1 (June 19, 2008)

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                                                                          Order Code RS22878
                                                                        Updated June 19, 2008





~CRS Report for Congress



            Clean Water Act: Legislation Concerning
                Discharges from Recreational Boats

                                     Claudia Copeland
                     Specialist in Resource and Environmental Policy
                        Resources, Science, and Industry Division

        Summary


             The Environmental Protection Agency is attempting to develop a regulatory
        response to a 2006 federal court ruling that vacated a long-standing rule that exempts
        discharges associated with the normal operation of vessels from permit requirements of
        the Clean Water Act. Concern that this ruling could require millions of recreational
        boaters to obtain permits has led to the introduction of legislation to exempt such vessels
        from water quality regulation. This report discusses background to the issue, six bills
        (S. 2067/H.R. 2550, S. 2766/H.R. 5949, and S. 2645/H.R. 5594), and draft permits
        proposed by EPA on June 17.

            In the 1 10th Congress, legislation concerning the applicability of certain
        environmental regulatory requirements to recreational boats has been introduced. Two
        bills are titled the Clean Boating Act of 2008 (S. 2766, Senator Bill Nelson and Senator
        Boxer; and H.R. 5949, Representative LaTourette). These identical bills have been
        ordered reported by Senate and House committees. Legislation titled the Recreational
        Boating Act of 2007 also has been introduced (S. 2067, Senator Martinez; and H.R. 2550,
        Representative Taylor). Two other bills are the Vessel Discharge Evaluation and Review
        Act (S. 2645, Senator Stevens, and H.R. 5594, Representative Young2).

            These bills are intended to address an issue that has arisen in implementation of the
        Clean Water Act (CWA). In 2006, a federal court ordered the Environmental Protection
        Agency (EPA) to revise a CWA regulation that currently exempts discharges from the
        normal operation of all vessels from the act's permit requirements.3 The bills seek to



        1 S. 2067 includes several stylistic and formatting differences from H.R. 2550, but the bills are
        similar enough that they are considered together in this report.
        2 These bills are not identical, but are substantially similar and are discussed together in this
        report.
        ' Northwest Environmental Advocates v. EPA, No. C 03-05760 SI (N.D.Cal. September 18,
        2006).

                  Congressional Research Service    The Library of Congress
                        Prepared for Members and Committees of Congress

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