1998 US Code
Title 33 - NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37 - ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2402 - Definitions

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§2402. Definitions

For purposes of this chapter:

(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 estuary-type 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—

(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 2405 of this title 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.

(Pub. L. 100–333, §3, June 16, 1988, 102 Stat. 605.)

References in Text

Section 12(c), referred to in par. (6)(A), is section 12(c) of Pub. L. 100–333, which is set out as a note under section 2401 of this title.