[House Report 111-539]
[From the U.S. Government Publishing Office]
111th Congress Report
2d Session HOUSE OF REPRESENTATIVES 111-539
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DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS
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July 15, 2010.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 5301]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5301) to extend the period during
which the Administrator of the Environmental Protection Agency
and States are prohibited from requiring a permit under section
402 of the Federal Water Pollution Control Act for certain
discharges that are incidental to normal operation of vessels,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Legislation
H.R. 5301 extends the existing moratorium for an owner or
operator of a vessel less than 79 feet in length or a fishing
vessel to obtain a Federal Water Pollution Control Act permit
for discharges incidental to the normal operation of such
vessel until December 18, 2013.
Background and Need for Legislation
In July 2008, Congress enacted a two-year moratorium for an
owner or operator of a vessel less than 79 feet in length or a
fishing vessel (as defined in section 2101 of title 46 United
States Code) to obtain a National Pollutant Discharge
Elimination System (NPDES) permit (under section 402 of the
Act) for discharges incidental to the normal operation of such
vessel. P.L. 110-299.
P.L. 110-299 also directed the Administrator of the
Environmental Protection Agency (EPA), in consultation with the
U.S. Coast Guard, to conduct a study to evaluate the impacts of
discharges incidental to the normal operation of commercial and
charter fishing vessels and other commercial vessels less than
79 feet long. The results of this study will be used to
determine whether and how various incidental discharges will be
addressed by EPA through the Clean Water Act.
The two-year moratorium expires on July 31, 2010. While EPA
has made the determination that incidental discharges from
covered vessels are not universally benign, EPA has
acknowledged that it will be unable to develop and issue NPDES
permits for incidental discharges from vessels less than 79
feet in length or fishing vessels before the current moratorium
expires.
By extending the current moratorium through December 18,
2013, EPA will have additional time necessary to complete its
analysis of the study on incidental discharges and to develop
and issue appropriate guidelines to address such discharges
consistent with the goals of the Clean Water Act.
In addition, extending this moratorium through December 18,
2013, will align the expiration of this moratorium with the
expiration date of EPA's existing Vessel General Permit (VGP)
(79 Fed. Reg. 79473). The Committee intends that EPA address
appropriate discharges from vessels less than 79 feet in
length, fishing vessels, and other commercial vessels in its
five-year renewal of the VGP.
Summary of the Legislation
H.R. 5301 extends the period during which a permit under
section 402 of the Federal Water Pollution Control Act (Clean
Water Act) is not required for discharges incidental to the
normal operation of a vessel less than 79 feet in length or a
fishing vessel. This extension of the current moratorium
expires on December 18, 2013.
Legislative History and Committee Consideration
On May 13, 2010, Representative Frank LoBiondo introduced
H.R. 5301.
On July 1, 2010, the Committee on Transportation and
Infrastructure met in open session to consider H.R. 5301. The
Committee on Transportation and Infrastructure ordered H.R.
5301 reported favorably to the House by voice vote with a
quorum present.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R 5301 or ordering the bill reported. A
motion to order H.R. 5301 reported favorably to the House was
agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
extend the existing moratorium for an owner or operator of a
vessel less than 79 feet in length or a fishing vessel to
obtain a Federal Water Pollution Control Act permit for
discharges incidental to the normal operation of such vessel
until December 18, 2013.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 5301
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 8, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5301, a bill to
extend the period during which the Administrator of the
Environmental Protection Agency and states are prohibited from
requiring a permit under section 402 of the Federal Water
Pollution Control Act for certain discharges that are
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.
H.R. 5301--A bill to extend the period during which the Administrator
of the Environmental Protection Agency and states are
prohibited from requiring a permit under section 402 of the
Federal Water Pollution Control Act for certain discharges that
are incidental to normal operation of vessels
Under current law, permit requirements related to certain
discharges from fishing vessels and nonrecreational vessels
less than 79 feet in length will become effective on July 31,
2010. H.R. 5301 would extend that date until December 18, 2013.
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.
H.R. 5301 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.
On May 24, 2010, CBO transmitted a cost estimate for S.
3372, a bill to modify the date on which the Administrator of
the Environmental Protection Agency and applicable states may
require permits for discharges on certain vessels, as ordered
reported by the Senate Committee on Environment and Public
Works on May 20, 2010. S. 3372 and H.R. 5301 are similar, and
the CBO cost estimates are the same.
The CBO staff contact for this estimate is Susanne S.
Mehlman. This estimate was approved by Sam Papenfuss, Unit
Chief for Income Security and Education Cost Estimates Unit,
Budget Analysis Division.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
5301 does not contain any earmarks, limited tax benefits, or
limited tariff benefits under clause 9(e), 9(f), or 9(g) of
rule XXI.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 5301 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
ACT OF JULY 31, 2008
(Public Law 110-299)
AN ACT To clarify the circumstances during which the Administrator of
the Environmental Protection Agency and applicable States may require
permits for discharges from certain vessels, and to require the
Administrator to conduct a study of discharges incidental to the normal
operation of vessels.
* * * * * * *
SEC. 2. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
(a) No Permit Requirement.--Except as provided in subsection
(b), [during the 2-year period beginning on the date of
enactment of this Act] during the period beginning on the date
of enactment of this Act and ending December 18, 2013, 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--
(1) * * *
* * * * * * *