Page:United States Statutes at Large Volume 102 Part 1.djvu/644

 102 STAT. 606

PUBLIC LAW 100-333—JUNE 16, 1988 (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 6 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.

33 USC 2403.

SEC. 4. PROHIBITION ON THE APPLICATION OF ANTIFOULING PAINTS ON CERTAIN VESSELS.

ORGANOTIN

(a) PROHIBITION.—Subject to section 12(d), and except as provided in subsection (b), 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) 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. 33 USC 2404.

SEC. 5. PROHIBITION OF CERTAIN ORGANOTIN ANTIFOULING PAINTS AND ORGANOTIN ADDITIVES USED TO MAKE SUCH PAINTS. (a) INTERIM PROHIBITION OF CERTAIN ORGANOTIN ANTIFOULING

Maritime affairs.

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.

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