E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION Vol. 154 WASHINGTON, TUESDAY, JULY 22, 2008 No. 120 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- A bill (S. 3297) to advance America’s prior- called to order by the Honorable JON ator from the State of Montana, to perform ities. TESTER, a Senator from the State of the duties of the Chair. Mr. REID. Mr. President, I now ask Montana. ROBERT C. BYRD, for its second reading and object to my President pro tempore. own request. PRAYER Mr. TESTER thereupon assumed the The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. pore. Objection is heard. fered the following prayer: f The bill will receive its second read- Let us pray. RECOGNITION OF THE MAJORITY ing on the next legislative day. Almighty God, before whose face the LEADER generations rise and fall, we pause to f The ACTING PRESIDENT pro tem- thank You for Your loving kindness in pore. The majority leader is recog- CLEAN BOATING ACT OF 2008 the morning and Your faithfulness nized. every night. Cleanse the purposes and desires of our lawmakers as they face f CLARIFYING PERMITS FOR DIS- the tasks committed to their hands. SCHEDULE CHARGES FROM CERTAIN VES- May they walk with You throughout Mr. REID. Mr. President, following SELS this day in trust and peace. Lord, may leader remarks, the Senate will resume Mrs. MURRAY. Mr. President, I ask they not be afraid to face facts, how- consideration of the motion to proceed unanimous consent that the Senate ever unpleasant. When the way is un- to the energy speculation legislation. proceed to the immediate consider- certain and the problems baffling, in- Sometime after 11 today, the Senate ation of the following bills en bloc: Cal- spire them to ask You for light for but will proceed to a rollcall vote on the endar No. 832, S. 2766, and S. 3298, intro- one step at a time. Keep their lips motion to proceed to the bill. The Sen- duced earlier today by Senator MUR- clean and their thoughts pure, and may ate will recess from 12:30 until 2:15 in KOWSKI. they never doubt the ultimate triumph order to allow for the weekly caucus The ACTING PRESIDENT pro tem- of truth. Let Your kingdom come in us luncheons. Tomorrow, there will be a pore. The clerk will report the bills by and through us. classified briefing for Senators in S–407 title. We pray in Your great Name. Amen. from 4 until 5:30 p.m. with National Se- The bill clerk read as follows: f curity Adviser Stephen Hadley. A bill (S. 2766) to amend the Federal Water PLEDGE OF ALLEGIANCE f Pollution Control Act to address certain dis- The Honorable JON TESTER led the ORDER OF PROCEDURE charges incidental to the normal operation Pledge of Allegiance, as follows: of a recreational vessel. Mr. REID. I ask unanimous consent A bill (S. 3298) to clarify the circumstances I pledge allegiance to the Flag of the that the final 20 minutes prior to the during which the Administrator of the Envi- United States of America, and to the Repub- cloture vote today be divided between ronmental Protection Agency and applicable lic for which it stands, one nation under God, States may require permits for discharges indivisible, with liberty and justice for all. Senator MCCONNELL and me or our des- ignees, with my controlling the final 10 from certain vessels, and to require the Ad- f minutes. ministrator to conduct a study of discharges APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- incidental to the normal operation of ves- PRESIDENT PRO TEMPORE pore. Without objection, it is so or- sels. There being no objection, the Senate The PRESIDING OFFICER. The dered. proceeded to consider the bills en bloc. clerk will please read a communication f Ms. MURKOWSKI. Mr. President, I to the Senate from the President pro MEASURE READ THE FIRST rise today to support legislation that tempore (Mr. BYRD). TIME—S. 3297 will provide a 2-year moratorium on The legislative clerk read the fol- National Pollution Discharge Elimi- lowing letter: Mr. REID. Mr. President, S. 3297 is at the desk. I ask for its first reading. nation System permits for all commer- U.S. SENATE, The ACTING PRESIDENT pro tem- cial fishing vessels of any size and for PRESIDENT PRO TEMPORE, Washington, DC, July 22, 2008. pore. The clerk will report the bill by all other commercial vessels less then To the Senate: title. 79 feet. The legislation requires the Under the provisions of rule I, paragraph 3, The assistant legislative clerk read EPA, working with the Coast Guard, to of the Standing Rules of the Senate, I hereby as follows: conduct a 15-month study during the ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S6981 . VerDate Mar 15 2010 22:13 Mar 19, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2008SENATE\S22JY8.REC S22JY8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6982 CONGRESSIONAL RECORD — SENATE July 22, 2008 moratorium period to evaluate the im- system was focused on invasive species ‘‘(1) APPLICABILITY.—This subsection ap- pacts of various discharges from ves- and ballast water. Neither recreational plies to any discharge, other than a dis- sels and report their findings to Con- nor small commercial vessels have bal- charge of sewage, from a recreational vessel gress for the purposes of making final last tanks and very few are ocean- that is— decisions on vessel discharge permit re- ‘‘(A) incidental to the normal operation of going vessels. the vessel; and quirements. Enactment of this legislation, to- ‘‘(B) exempt from permitting requirements Discharges incidental to the normal gether with the Clean Boating Act will under section 402(r). operation of vessels have been exempt provide the recreation sector an ex- ‘‘(2) DETERMINATION OF DISCHARGES SUBJECT from NPDES permits under the Clean emption and commercial boats a two TO MANAGEMENT PRACTICES.— Water Act since 1973. The National Pol- year waiver with the possibility for ex- ‘‘(A) DETERMINATION.— lution Discharge Elimination System emptions based on the outcome of the ‘‘(i) IN GENERAL.—The Administrator, in was developed for industrial sources of discharge study. consultation with the Secretary of the de- pollution and was not designed for mo- It was a collaborative, negotiated partment in which the Coast Guard is oper- bile sources. In 2006, the U.S. District ating, the Secretary of Commerce, and inter- process that developed the Clean Boat- ested States, shall determine the discharges Court for Northern California ruled ing Act and the commercial morato- that the EPA exceeded its authority incidental to the normal operation of a rec- rium legislation. I ask my colleagues reational vessel for which it is reasonable under the Clean Water Act in exempt- to support both of these bills and I ask and practicable to develop management ing these discharges and issued an that they both pass by unanimous con- practices to mitigate adverse impacts on the order revoking the exemption and re- sent today. waters of the United States. quiring the agency to permit these dis- Mrs. MURRAY. Mr. President, I ask ‘‘(ii) PROMULGATION.—The Administrator charges by September 30, 2008. The unanimous consent that the bills be shall promulgate the determinations under EPA has appealed the decision, but in read a third time and passed, en bloc, clause (i) in accordance with section 553 of title 5, United States Code. the meantime, the agency has proposed the motions to reconsider be laid upon to permit both recreational and com- ‘‘(iii) MANAGEMENT PRACTICES.—The Ad- the table, with no intervening action ministrator shall develop management prac- mercial vessels under two general per- or debate, en bloc, and that any state- tices for recreational vessels in any case in mits. While the EPA has proposed a ments relating to the bills be printed which the Administrator determines that general permit system that does not in the RECORD. the use of those practices is reasonable and require individual permits, all commer- The ACTING PRESIDENT pro tem- practicable. cial and recreational vessels would still pore. Without objection, it is so or- ‘‘(B) CONSIDERATIONS.—In making a deter- be subject to the regulations, fines, and dered. mination under subparagraph (A), the Ad- ministrator shall consider— enforcement and citizen lawsuits of the The bills were ordered to be en- Clean Water Act. Considering inci- ‘‘(i) the nature of the discharge; grossed for a third reading, were read ‘‘(ii) the environmental effects of the dis- dental discharges for these vessels have the third time, and passed, as follows: charge; been exempt for the past 35 years, it is S. 2766 ‘‘(iii) the practicability of using a manage- hard to support permitting when we Be it enacted by the Senate and House of Rep- ment practice; have such a dearth of information resentatives of the United States of America in ‘‘(iv) the effect that the use of a manage- about what the discharges are, espe- Congress assembled, ment practice would have on the operation, operational capability, or safety of the ves- cially for small commercial and rec- SECTION 1. SHORT TITLE. reational boats. sel; This Act may be cited as the ‘‘Clean Boat- ‘‘(v) applicable Federal and State law; The commercial moratorium bill di- ing Act of 2008’’. rects the EPA to study the incidental ‘‘(vi) applicable international standards; SEC.