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Boating Industry
Friday June 22, 2007 For the latest updates and information please visit this link... http://www.boatus.com/gov/dischargepermits.htm http://www.epa.gov/fedrgstr/EPA-WATER/2007/June/Day-21/w12022.htm
BoatUS Magazine - July 2007 Congress Tackles Discharge Permits – BoatUS Magazine July 2007 (Press time early June - Updated Information at bottom)
Six years ago, a number of environmental groups filed a lawsuit against the federal Environmental Protection Agency in an attempt to control the spread of aquatic nuisance species by mandating the treatment of ballast water in large commercial ships. As reported in March 2007 BoatUS Magazine, a fall 2006 decision by the 9th District Court has now required the EPA to develop an operational discharge permit for all vessels — recreational and commercial — in the United States, by Sept. 30, 2008. In the worst-case scenario, if they don't implement a permit system by then, and nothing is done to change this decision, boaters could face citizen lawsuits as they operate their boats on or after Oct. 1, 2008.
Historically, EPA has developed “point source” discharge permits for industrial plants discharging chemicals into waterways. These permits establish daily limits on the amount of pollutants that can be discharged. The industrial plants are responsible for staying within those limits and for submitting regular written performance reports.
With the court imposed deadline looming, EPA staff is now facing the unenviable job of developing a similar permit system for millions of moving sources — something they have never done before. In order to develop this system, EPA must quickly learn the wide array of boat types, and the absolute necessity of discharges like engine cooling water and bilge water.
Because EPA does not have the authority under the Clean Water Act to issue one national permit for all boats at this time, it appears that the permits would have to be administered state by state. As a result, all boaters would have to apply and pay for an operating permit for their home state, which could take months to acquire. In the case of a cruiser looking forward to a New England summer, it could involve filling out and paying for half a dozen applications months ahead to secure permits for each destination state. Even an angler considering taking a jon boat on top of the car for vacation would need a state permit before splashing the boat.
Fortunately, two members of Congress introduced a bill to exempt recreational boats from the Clean Water Act rules. Representatives Gene Taylor (D-MS) and Candice Miller (R-MI) have introduced the Recreational Boating Act of 2007 (H.R. 2550), which would enshrine the 34 –year-old exemption into law.
A coalition led by the National Marine Manufacturers Association (NMMA) and including BoatUS lobbied for the legislative remedy. But if Congress does not pass H.R. 2550 before the Sept. '08 deadline, the permit program will go into effect.
BoatU.S. is concerned that the EPA could begin the public comment period as early as this summer. For updates on this and H.R. 2550, BoatUS members should be sure that their e-mail address is on file with Membership@BoatUS.com
June 18, 2007 Update HR 2550 was introduced by Representatives Gene Taylor (D-MS) and Candice Miller (R-MI) in early June. This bills seeks to make the 34 year old EPA exemption for boats' normal operational discharges into a permanent law. We will be emailing BoatU.S. members this summer with specific actions to take regarding legislative initiatives. Meanwhile, if you know your Congressional representatives, we would appreciate your starting to talk with them about the consequences of this potential permit system on your boating, and encourage them to support this bill. Please let us know if you have personal contacts with the folks representing you in Washington, by emailing GovtAffairs@BoatUS.com
EPA is now formulating plans to host a series of public hearings around the U.S. to discuss more specifics about the potential permitting system and to hear from boaters. At this time, they have not yet finalized dates/times of these hearings, but we will be posting that information as soon as we have it on this web page.
WASHINGTON – Following an announcement by the U.S.
Environmental Protection Agency (EPA) two days ago
regarding the development of a water permit program for
boat pollutant discharges, the National Marine
Manufacturers Association is emphasizing the importance
of the passage of H.R. 2550, otherwise known as the
Recreational Boating Act of 2007.
That bill, introduced by Representatives Gene Taylor (D-Miss.) and Candice Miller (R-Mich.), if enacted, “will enshrine into law the permitting exemption for recreational vessels’ engine cooling water, gray water, bilge water, and deck runoff,” according to NMMA. “H.R. 2550 is straight forward, specific, responsible legislation designed to protect recreational boats from being caught up in an onerous and unnecessary permitting scheme which the original court case intended as a way to address ballast water discharges from large ocean-going ships which introduce damaging aquatic invasive species into U.S. waters,” said NMMA President Thom Dammrich in a statement today. He added that the bill is gaining support in Congress. EPA to develop permitting program? The EPA reported in its statement earlier this week that it’s seeking information as it considers how to develop a water permit program for pollutant discharges incidental to the normal operation of commercial vessels and recreational boats. Discharges may include ballast water, bilge water, deck runoff and gray water. “As a result of a court ruling currently under appeal, vessel owners or operators whose discharges previously have been exempt from Clean Water Act requirements will require a permit on Sept. 30, 2008,” stated the EPA. “In developing this program, EPA will seek to ensure that control technologies or management practices enhance environmental protection and are practical to implement. The changes are the result of a recent U.S. district court ruling that found EPA exceeded its authority by excluding discharges incidental to the normal operation of a vessel from existing permitting requirements. The agency said it’s appealing that ruling. "While EPA's position is that an exemption from Clean Water Act permitting is proper, we also share concerns about the significant impacts of aquatic invasive species," said Assistant Administrator for Water Benjamin H. Grumbles. "We will continue working with other federal agencies to identify the most effective, protective, and practical strategies for controlling invasive species from ballast water under existing laws." EPA is seeking public comments and data to help the agency develop a permitting framework that recognizes various vessel characteristics and types of discharges. Specifically, EPA needs information about vessel identification and operations, owner notification, discharge impacts, pollution control equipment and practices, and commercial and recreational vessel traffic patterns, it stated. Comments and data are due within 45 days of publication of the notice. The agency will identify and categorize: the universe of vessels, their discharge characteristics, and pollution control equipment or best management practices. “The EPA’s announcement underscores the very real nature of this issue,” concluded Dammrich. “The looming deadline for this permitting scheme emphasizes the need to pass this important legislation as Congress addresses the larger issue of ballast water in the months ahead.”
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