§ 2406. — Monitoring and research of ecological effects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2406]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37--ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2406. Monitoring and research of ecological effects
(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.
(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].''
