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EPA/WATER

RIN: 2040-AF03

Publication ID: Fall 2010

Title: Development of Best Management Practices for Recreational Boats Under Section 312(o) of the Clean Water Act
Abstract: This action is for the development of regulations by EPA to implement the Clean Boating Act (Public Law 110-288), which was signed by the President on July 29, 2008. The Clean Boating Act amends section 402 of the Clean Water Act (CWA) to exclude recreational vessels from National Pollutant Discharge Elimination System permitting requirements. In addition, it adds a new CWA section 312(o) directing EPA to develop regulations that identify the discharges incidental to the normal operation of recreational vessels (other than a discharge of sewage) for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on waters of the United States. The regulations also need to include those management practices, including performance standards for each such practice. Following promulgation of the EPA performance standards, new CWA section 312(o) directs the Coast Guard to promulgate regulations governing the design, construction, installation, and use of the management practices. Following promulgation of the Coast Guard regulations, the Clean Boating Act prohibits the operation of a recreational vessel or any discharge incidental to their normal operation in waters of the United States and waters of the contiguous zone (i.e., 12 miles into the ocean), unless the vessel owner or operator is using an applicable management practice meeting the EPA-developed performance standards.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 140 (Revision)
Legal Authority: 33 USC 1251 et seq

Legal Deadline:

Action	Source	Description	Date
Final	Statutory	Clean Boating Act requires promulgation w/in 1 year of enactment.	07/29/2009

Timetable:

Action	Date	FR Cite
NPRM	02/00/2013
Final Action	04/00/2014

Additional Information: SAN No. 5311
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Brian Rappoli Environmental Protection Agency Water Mail Code 4504T, 1200 Pennsylvania Ave., NW., Washington, DC 20460 Phone:202 566-1548 Email: rappoli.brian@epa.gov John Lishman Environmental Protection Agency Water 4504T, Washington, DC 20460 Phone:202 566-1364 Email: Lishman.John@epamail.epa.gov