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| EPA/OW | RIN: 2040-AF03 | Publication ID: Spring 2017 |
| 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 the 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, the new CWA section 312(o) directs the U.S. Coast Guard to promulgate regulations governing the design, construction, installation, and use of the management practices. Following promulgation of the U.S. Coast Guard regulations, the Clean Boating Act prohibits a discharge incidental to the normal operation of a recreational vessel in waters of the United States extending to the seaward limit of waters of the contiguous zone (i.e., 12 miles from shore), unless the vessel owner or operator is using any applicable management practices 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 U.S.C. 1251 et seq Clean Water Act | |
Legal Deadline:
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Small Entities Affected: Undetermined | Federalism: No |
| Included in the Regulatory Plan: No | |
| Sectors Affected: 336612 Boat Building; 441221 Motorcycle, ATV, and Personal Watercraft Dealers; 441222 Boat Dealers; 483212 Inland Water Passenger Transportation; 487210 Scenic and Sightseeing Transportation, Water; 488330 Navigational Services to Shipping; 713930 Marinas; 713990 All Other Amusement and Recreation Industries | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Katherine Weiler Environmental Protection Agency Office of Water Mail Code 4504T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1280 Email: weiler.katherine@epa.gov Grace Robiou Environmental Protection Agency Office of Water Mail Code 4504T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-2975 Email: robiou.grace@epa.gov |
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