Notes on 33 U.S.C. § 2406 : US Code - Notes

Search Notes on 33 U.S.C. § 2406 : US Code - Notes

(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.)
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]."