-CITE-

33 USC CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-MISC1-

Sec.

2401. Findings; purpose.

(a) Findings.

(b) Purpose.

2402. Definitions.

2403. Prohibition on application of organotin antifouling

paints on certain vessels.

(a) Prohibition.

(b) Exceptions.

2404. Prohibition of certain organotin antifouling paints

and organotin additives used to make such paints.

(a) Interim prohibition of certain organotin

antifouling paints.

(b) Prohibition of certain organotin additives.

2405. Certification.

(a) Initial certification.

(b) Subsequent certification.

2406. Monitoring and research of ecological effects.

(a) Estuarine monitoring.

(b) Navy home port monitoring.

(c) Navy research of ecological effects.

(d) Assistance to States.

(e) Five-year report.

2407. Alternative antifouling research.

(a) Research.

(b) Report.

2408. Water quality criteria document.

2409. Penalties.

(a) Civil penalties.

(b) Criminal penalties.

2410. Other authorities; State laws.

(a) Other authorities of Administrator.

(b) State laws.

-End-

-CITE-

33 USC Sec. 2401 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2401. Findings; purpose

-STATUTE-

(a) Findings

The Congress finds the following:

(1) Antifouling paints containing organotin biocides are used

to prevent the build-up of barnacles and other encrusting

organisms on vessels.

(2) Laboratory and field studies show that organotin is very

toxic to marine and freshwater organisms at very low levels.

(3) Vessels that are less than 25 meters in length and are

coated with organotin antifouling paint account for a large

amount of the organotin released into the aquatic environment.

(4) The Environmental Protection Agency has determined that

concentrations of organotin currently in the waters of the United

States may pose unreasonable risks to oysters, clams, fish, and

other aquatic life.

(b) Purpose

The purpose of this chapter is to protect the aquatic environment

by reducing immediately the quantities of organotin entering the

waters of the United States.

-SOURCE-

(Pub. L. 100-333, Sec. 2, June 16, 1988, 102 Stat. 605.)

-MISC1-

EFFECTIVE DATE; USE OF EXISTING STOCKS

Section 12 of Pub. L. 100-333 provided that:

"(a) In General. - Except as provided in subsection (b), this Act

[enacting this chapter] shall take effect on the date of its

enactment [June 16, 1988].

"(b) Termination of Interim Prohibition. - Section 5(a) [section

2404(a) of this title] shall remain in effect until a final

decision regarding the release of organotin into the aquatic

environment by antifouling paints, pursuant to the process

initiated by the Administrator's Position Document 1 dated January

8, 1986 -

"(1) is issued by the Administrator; and

"(2) takes effect.

"(c) Final Decision Defined. - For purposes of subsection (b), a

final decision shall be considered to have taken effect upon the

date of the expiration of the time for making any appeal with

respect to such decision or, in the case of any such appeal, the

resolution of such appeal.

"(d) Use of Existing Stocks. - Notwithstanding the prohibitions

contained in sections 4 and 5 [sections 2403 and 2404 of this

title], the Administrator, not later than 90 days after the date of

the enactment of this Act [June 16, 1988], shall provide reasonable

times -

"(1) not to exceed 180 days after the date of the enactment of

this Act, for the continued sale, delivery, purchase, and receipt

of any antifouling paints containing organotin and organotin

additives that exist before the date of the enactment of this

Act; and

"(2) not to exceed one year after the date of the enactment of

this Act, for the application of any antifouling paints

containing organotin and organotin additives that exist before

the date of the enactment of this Act."

SHORT TITLE

Section 1 of Pub. L. 100-333 provided that: "This Act [enacting

this chapter] may be cited as the 'Organotin Antifouling Paint

Control Act of 1988'."

-End-

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33 USC Sec. 2402 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2402. Definitions

-STATUTE-

For purposes of this chapter:

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "antifouling paint" means a coating, paint, or

treatment that is applied to a vessel to control fresh water or

marine fouling organisms.

(3) The term "estuary" means a body of water having an

unimpaired connection with open sea, where the sea water is

measurably diluted with fresh water derived from land drainage,

and such term includes the Chesapeake Bay and estuary-type areas

of the Great Lakes.

(4) The term "organotin" means any compound of tin used as a

biocide in an antifouling paint.

(5) The term "person" means any individual, and partnership,

association, corporation, or organized group of persons whether

incorporated or not, or any government entity, including the

military.

(6) The term "qualified antifouling paint containing organotin"

means an antifouling paint containing organotin that -

(A) is allowed to be used under the terms of the final

decision referred to in section 12(c); or

(B) until such final decision takes effect, is certified by

the Administrator under section 2405 of this title as having a

release rate of not more than 4.0 micrograms per square

centimeter per day.

(7) The term "release rate" means the rate at which organotin

is released from an antifouling paint over the long term, as

determined by the Administrator, using -

(A) the American Society for Testing Materials (ASTM)

standard test method which the Environmental Protection Agency

required in its July 29, 1986, data call-in notice on

tributyltin compounds used in antifouling paints; or

(B) any similar test method specified by the Administrator.

(8) The term "retail" means the transfer of title to tangible

personal property other than for resale, after manufacturing or

processing.

(9) The term "Secretary" means the Secretary of the Navy.

(10) The term "State" means a State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, or any territory or

possession of the United States.

(11) The term "vessel" includes every description of watercraft

or other artificial contrivance used, or capable of being used,

as a means of transportation on water.

-SOURCE-

(Pub. L. 100-333, Sec. 3, June 16, 1988, 102 Stat. 605.)

-REFTEXT-

REFERENCES IN TEXT

Section 12(c), referred to in par. (6)(A), is section 12(c) of

Pub. L. 100-333, which is set out as a note under section 2401 of

this title.

-End-

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33 USC Sec. 2403 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2403. Prohibition on application of organotin antifouling

paints on certain vessels

-STATUTE-

(a) Prohibition

Subject to section 12(d), and except as provided in subsection

(b) of this section, no person in any State may apply to a vessel

that is less than 25 meters in length an antifouling paint

containing organotin.

(b) Exceptions

Subsection (a) of this section shall not prohibit the application

of a qualified antifouling paint containing organotin on -

(1) the aluminum hull of a vessel that is less than 25 meters

in length; or

(2) the outboard motor or lower drive unit of a vessel that is

less than 25 meters in length.

-SOURCE-

(Pub. L. 100-333, Sec. 4, June 16, 1988, 102 Stat. 606.)

-REFTEXT-

REFERENCES IN TEXT

Section 12(d), referred to in subsec. (a), is section 12(d) of

Pub. L. 100-333, which is set out as a note under section 2401 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2409 of this title.

-End-

-CITE-

33 USC Sec. 2404 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2404. Prohibition of certain organotin antifouling paints and

organotin additives used to make such paints

-STATUTE-

(a) Interim prohibition of certain organotin antifouling paints

Subject to section 12(d), no person in any State may -

(1) sell or deliver to, or purchase or receive from, another

person an antifouling paint containing organotin; or

(2) apply to a vessel an antifouling paint containing

organotin;

unless the antifouling paint is certified by the Administrator as

being a qualified antifouling paint containing organotin.

(b) Prohibition of certain organotin additives

Subject to section 12(d), no person in any State may sell or

deliver to, or purchase or receive from, another person at retail

any substance containing organotin for the purpose of adding such

substance to paint to create an antifouling paint.

-SOURCE-

(Pub. L. 100-333, Sec. 5, June 16, 1988, 102 Stat. 606.)

-REFTEXT-

REFERENCES IN TEXT

Section 12(d), referred to in text, is section 12(d) of Pub. L.

100-333, which is set out as a note under section 2401 of this

title.

-MISC1-

EFFECTIVE DATE

Section effective June 16, 1988, with subsec. (a) to remain in

effect until a final decision, as defined in section 12(c) of Pub.

L. 100-333, regarding release of organotin into the aquatic

environment by antifouling paints, is issued and takes effect, see

section 12(a) to (c) of Pub. L. 100-333, set out as an Effective

Date; Use of Existing Stocks note under section 2401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2409 of this title.

-End-

-CITE-

33 USC Sec. 2405 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2405. Certification

-STATUTE-

(a) Initial certification

Not later than 90 days after June 16, 1988, the Administrator

shall certify each antifouling paint containing organotin that the

Administrator determines has a release rate of not more than 4.0

micrograms per square centimeter per day on the basis of the

information submitted to the Environmental Protection Agency before

June 16, 1988, in response to its July 29, 1986, data call-in

notice on tributyltin or any other data call-in notice.

(b) Subsequent certification

After the initial period of certification required by subsection

(a) of this section, and not later than 90 days after the receipt

of information with regard to an antifouling paint containing

organotin submitted -

(1) in response to a data call-in referred to in subsection (a)

of this section; or

(2) under any provision of law;

the Administrator shall certify such paint if, on the basis of such

information, the Administrator determines that such paint has a

release rate of not more than 4.0 micrograms per square centimeter

per day.

-SOURCE-

(Pub. L. 100-333, Sec. 6, June 16, 1988, 102 Stat. 607.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2402 of this title.

-End-

-CITE-

33 USC Sec. 2406 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2406. Monitoring and research of ecological effects

-STATUTE-

(a) Estuarine monitoring

The Administrator, in consultation with the Under Secretary of

Commerce for Oceans and Atmosphere, shall monitor the

concentrations of organotin in the water column, sediments, and

aquatic organisms of representative estuaries and near-coastal

waters in the United States. This monitoring program shall remain

in effect until 10 years after June 16, 1988. The Administrator

shall submit a report annually to the Speaker of the House of

Representatives and to the President pro tempore of the Senate

detailing the results of such monitoring program for the preceding

year.

(b) Navy home port monitoring

The Secretary shall provide for periodic monitoring, not less

than quarterly, of waters serving as the home port for any Navy

vessel coated with an antifouling paint containing organotin to

determine the concentration of organotin in the water column,

sediments, and aquatic organisms of such waters.

(c) Navy research of ecological effects

The Secretary shall continue existing Navy programs evaluating

the laboratory toxicity and environmental risks associated with the

use of antifouling paints containing organotin.

(d) Assistance to States

To the extent practicable, the Administrator shall assist States

in monitoring waters in such States for the presence of organotin

and in analyzing samples taken during such monitoring.

(e) Five-year report

At the end of the 5-year period beginning on June 16, 1988, the

Administrator shall submit a report to the Speaker of the House of

Representatives and to the President pro tempore of the Senate

providing an assessment of -

(1) the effectiveness of existing laws and rules concerning

organotin compounds in ensuring protection of human health and

the environment;

(2) compliance with water quality criteria established pursuant

to section 2408 of this title and any applicable water quality

standards; and

(3) recommendations for additional measures to protect human

health and the environment.

-SOURCE-

(Pub. L. 100-333, Sec. 7, June 16, 1988, 102 Stat. 607; Pub. L.

104-106, div. A, title X, Sec. 1064(f), Feb. 10, 1996, 110 Stat.

445.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (d) to (f). Pub. L. 104-106 redesignated subsecs.

(e) and (f) as (d) and (e), respectively, and struck out heading

and text of former subsec. (d). Text read as follows: "The

Secretary shall submit a report annually to the Administrator and

to the Governor of each State in which a home port for the Navy is

monitored under subsection (b) of this section detailing the

results of such monitoring in the State. Such reports shall be

included in the annual report required to be submitted under

subsection (a) of this section."

NAVY PROGRAM TO MONITOR ECOLOGICAL EFFECTS OF ORGANOTIN

Pub. L. 104-201, div. A, title III, Sec. 333, Sept. 23, 1996, 110

Stat. 2485, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(5), Oct. 5, 1999, 113 Stat. 774, provided that:

"(a) Monitoring Requirement. - The Secretary of the Navy shall,

in consultation with the Administrator of the Environmental

Protection Agency, develop and implement a program to monitor the

concentrations of organotin in the water column, sediments, and

aquatic organisms of representative estuaries and near-coastal

waters in the United States, as described in section 7(a) of the

Organotin Antifouling Paint Control Act of 1988 (33 U.S.C.

2406(a)). The program shall be designed to produce high-quality

data to enable the Environmental Protection Agency to develop water

quality criteria concerning organotin compounds.

"(b) Funding. - The Administrator of the Environmental Protection

Agency shall provide, in advance, such sums as are necessary to the

Secretary of the Navy for the costs of developing and implementing

the program under subsection (a).

"(c) Written Agreement. - The Secretary of the Navy and the

Administrator of the Environmental Protection Agency shall enter

into a written agreement setting forth the actions that the

Secretary plans to take under subsection (a) and the funding that

the Administrator agrees to provide under subsection (b). If the

Secretary determines that the Administrator will not enter into

such an agreement, the Secretary shall notify the Committee on

Armed Services of the House of Representatives and the Committee on

Armed Services of the Senate not later than 30 days after such

determination.

"(d) Nonimpairment of Mission. - Compliance with subsection (a)

shall be conducted in such a manner so as not to impair the ability

of the Department of the Navy to meet its operational requirements.

"(e) Report. - Not later than June 1, 1997, the Secretary of the

Navy shall submit to Congress a report containing the following:

"(1) A description of the monitoring program developed pursuant

to subsection (a).

"(2) An analysis of the results of the monitoring program as of

the date of the submission of the report.

"(3) Information about the progress of Navy programs, referred

to in section 7(c) of the Organotin Antifouling Paint Control Act

of 1988 (33 U.S.C. 2406(c)), for evaluating the laboratory

toxicity and environmental risks associated with the use of

antifouling paints containing organotin.

"(4) An assessment, developed in consultation with the

Administrator of the Environmental Protection Agency, of the

effectiveness of existing laws and rules concerning organotin

compounds in ensuring protection of human health and the

environment.

"(f) Sense of Congress. - (1) It is the sense of Congress that

the Administrator of the Environmental Protection Agency, in

consultation with the Secretary of the Navy, should develop, for

purposes of the national pollutant discharge elimination system, a

model permit for the discharge of organotin compounds at

shipbuilding and ship repair facilities.

"(2) For purposes of this subsection, the term 'organotin' has

the meaning provided in section 3 of the Organotin Antifouling

Paint Control Act of 1988 (33 U.S.C. 2402).

"(g) Termination. - The program required by subsection (a) shall

terminate five years after the date of the enactment of this Act

[Sept. 23, 1996]."

-End-

-CITE-

33 USC Sec. 2407 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2407. Alternative antifouling research

-STATUTE-

(a) Research

The Secretary and the Administrator shall conduct research into

chemical and nonchemical alternatives to antifouling paints

containing organotin.

(b) Report

At the end of the 4-year period beginning on June 16, 1988, the

Administrator, in consultation with the Secretary, shall submit a

report to the Speaker of the House of Representatives and to the

President pro tempore of the Senate detailing the results of the

research conducted pursuant to subsection (a) of this section.

-SOURCE-

(Pub. L. 100-333, Sec. 8, June 16, 1988, 102 Stat. 608.)

-End-

-CITE-

33 USC Sec. 2408 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2408. Water quality criteria document

-STATUTE-

Not later than March 30, 1989, the Administrator shall issue a

final water quality criteria document concerning organotin

compounds pursuant to section 1314(a) of this title.

-SOURCE-

(Pub. L. 100-333, Sec. 9, June 16, 1988, 102 Stat. 608.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2406 of this title.

-End-

-CITE-

33 USC Sec. 2409 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2409. Penalties

-STATUTE-

(a) Civil penalties

(1) Any person violating section 2403 or 2404 of this title shall

be assessed a civil penalty of not more than $5,000 for each

offense.

(2) After notice and an opportunity for a hearing, a person found

by the Administrator to have violated section 2403 or 2404 of this

title is liable to the United States Government for the civil

penalty assessed under subsection (a) of this section. The amount

of the civil penalty shall be assessed by the Administrator by

written notice. In determining the amount of the penalty, the

Administrator shall consider the nature, circumstances, extent, and

gravity of the prohibited acts committed and, with respect to the

violator, the degree of culpability, any history of prior offenses,

ability to pay, and other matters that justice requires.

(3) The Administrator may compromise, modify, or remit, with or

without consideration, a civil penalty assessed under this section

until the assessment is referred to the Attorney General.

(4) If a person fails to pay an assessment of a civil penalty

after it has become final, the Administrator may refer the matter

to the Attorney General for collection in the appropriate United

States district court.

(b) Criminal penalties

Any person knowingly violating section 2403 or 2404 of this title

shall be fined not more than $25,000, or imprisoned for not more

than one year, or both.

-SOURCE-

(Pub. L. 100-333, Sec. 10, June 16, 1988, 102 Stat. 608.)

-End-

-CITE-

33 USC Sec. 2410 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL

-HEAD-

Sec. 2410. Other authorities; State laws

-STATUTE-

(a) Other authorities of Administrator

Nothing in this chapter shall limit or prevent the Administrator

from establishing a lower permissible release rate for organotin

under authorities other than this chapter.

(b) State laws

Nothing in this chapter shall preclude or deny any State or

political subdivision thereof the right to adopt or enforce any

requirement regarding antifouling paint or any other substance

containing organotin. Compliance with the requirements of any State

or political subdivision thereof respecting antifouling paint or

any other substance containing organotin shall not relieve any

person of the obligation to comply with the provisions of this

chapter.

-SOURCE-

(Pub. L. 100-333, Sec. 11, June 16, 1988, 102 Stat. 608.)

-End-