Page:United States Statutes at Large Volume 102 Part 1.djvu/643

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 100-333—JUNE 16, 1988

Public Law 100-333 100th Congress

102 STAT. 605

An Act

To prohibit the use of certain antifouling paints containing organotin and the use of organotin compounds, purchased at retail, used to make such paints.

June 16, 1988 [H.R. 2210]

Be it enacted by the Senate and House of Representatives of the Organotin United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Organotin Antifouling Paint Control Act of 1988". SEC. 2. FINDINGS; PURPOSE.

(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 Act is to protect the aquatic environment by reducing immediately the quantities of organotin entering the waters of the United States. SEC. 3. DEFINITIONS.

For purposes of this Act: (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 estuarytype 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—

Antifouling Paint Control Act of 1988. Hazardous materials. Environmental protection. 33 USC 2401 note. 33 USC 2401.

33 USC 2402.