Page:United States Statutes at Large Volume 102 Part 1.djvu/645

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 607

PUBLIC LAW 100-333—JUNE 16, 1988

33 USC 2405.

SEC. 6. CERTIFICATION.

(a) INITIAL CERTIFICATION.—Not later than 90 days after the date of the enactment of this Act, 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 the date of the enactment of this Act in response to its July 29, 1986, data call-in notice on tributyltin or any other data call-in notice. 0)) SUBSEQUENT CERTIFICATION.—After the initial period of certifi-

cation required by subsection (a), 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); 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. SEC. 7. MONITORING AND RESEARCH OF ECOLOGICAL EFFECTS.

Water. 33 USC 2406.

(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 Termination shall remain in effect until 10 years after the date of the enactment date. of this Act. The Administrator shall submit a report annually to the Reports. 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. (h) 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) REPORT.—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) 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). (e) 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. (f) FIVE-YEAR REPORT.—At the end of the 5-year period beginning on the date of the enactment of this Act, 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—