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EPA/OW RIN: 2040-AF03 Publication ID: Fall 2017 
Title: Development of Best Management Practices for Recreational Boats Under Section 312(o) of the Clean Water Act 

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 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 140 (Revision)   
Legal Authority: 33 U.S.C. 1251 et seq. Clean Water Act   
Legal Deadline:  None
Action Date FR Cite
NPRM  To Be Determined 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels 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 
Agency Contact:
Katherine Weiler
Environmental Protection Agency
Office of Water
Mail Code 4504T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1280

Grace Robiou
Environmental Protection Agency
Office of Water
Mail Code 4504T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-2975