Regulatory Development and Retrospective Review Tracker

Development of Best Management Practices for Recreational Boats under Section 312(o) of the Clean Water Act

a.k.a. Recreational Boat Discharges Regulations

RIN: 2040-AF03 (What's this?)

Docket No.: Not yet available (What's this?)

Current Phase: Pre-Proposal (What's this?)

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.

NPRM: Published in FR00/0000 (projected)

Potential Effects

Of the potential effects described in Reg DaRRT, none are anticipated at this time.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - No Information Available.
Citations & Authorities

Code of Federal Regulations (CFR) Citation
40 CFR 140 (Revision)

Legal Authority
33 U.S.C. 1251 et seq Clean Water Act