July 2007
Frequently Asked Questions:
The
EPA Boat Discharge Permit and H.R. 2550 “The
Recreational Boating Act of 2007”
Due to a September 2006 court decision,
the EPA is now required to develop a discharge permit system
for all vessels in the U.S. This permit will cover normal operational
discharges from ships and boats of all sizes.
Where did this decision come
from?
In 1999, 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. A number of parties have participated
in that lawsuit, including Northwest Environmental Advocates, The
Ocean Conservancy, Waterkeepers Northern California (San Francisco
Baykeeper, Deltakeeper), and the Stanford and Lewis and Clark Law
Schools. In 2005, the states of Illinois, New York, Michigan, Minnesota,
Pennsylvania, and Wisconsin joined in, concerned about the spread
of invasive species in the Great Lakes.
What does my boating have to
do with the importation of aquatic nuisance species?
The original lawsuit
was aimed at the unintentional introduction of invasive species
from large international commercial ships using ballast water.
These large ships need ballast water for stability and have to
discharge the water before taking on cargo. But that’s
not us, 99% of recreational boats do not use ballast water. Unfortunately,
the judge’s decision mandating permits applies to recreational
boats too.
Preventing the introduction and spread of invasive species is
vital to the health of our waterways. Most boaters are aware that
invasive species like zebra and quagga mussels have invaded many
parts of our country, and the Asian Carp has invaded the upper
Mississippi River.
There
are simple steps you can take to prevent the spread of invasive species
from one waterway to another. Always inspect your boat when leaving
a waterway. Drain the boat and all wells of water. Remove any mud, plant,
or animal life from your boat, gear and trailer. Rinse your trailer
boat thoroughly and allow it to dry completely before visiting another
waterbody. To learn more about preventing the spread of invasive species
visit http://www.boatus.com/foundation/cleanwater/invadespecies.asp.
What could the permit cover?
EPA is currently developing
the parameters of the permit. They are considering all discharges
that are normal while operating: grey water from sinks and showers,
deck runoff, engine cooling water, as well as discharges that
are already regulated (garbage, oil, fuel, and sewage). The permit
might require boats to be built differently, boaters to retrofit
with new equipment to treat discharges, or to stop using copper
bottom paint. Once you start operating under a permit, you could
be required to submit regular written reports to the government,
quantifying your boat’s discharges.
Would it be a national permit?
No. As currently outlined, you would need a
permit for each state where you boat.
Could I get one permit for my five boats?
No. Currently, EPA would require that every boat in the water
would need a separate permit. This includes your inflatable dinghy,
your cruising boat, and everything in between.
Would there be a cost associated with this permit?
Yes. EPA doesn’t
yet know the cost, but said in May 2007 that each permit might
cost a few hundred dollars. That permit would be valid for 1-5
years.
Where would the permit funds go?
That is not yet defined. There may be a requirement that the
money generated by the permit fees covers the cost of the permit
administration. The states could feasibly increase the permit fee
to help pay for other state budget shortfalls.
What would happen if the permit system
wasn’t set up
by September 30, 2008 or I didn’t buy a permit by then?
If the court decision remains, every boater on the water after
September 30, 2008 without a permit will be operating illegally.
You could be subject to a citizen lawsuit for operating without
a permit.
Who would enforce this requirement?
State natural resource police would most likely
be the primary permit enforcement on the water. These folks are
already very busy keeping our waters and waterfronts safe.
So what’s going
on now?
EPA has appealed the
District Court decision, and an amicus brief was filed by the
National Marine Manufacturers Association on behalf of the boating
industry. Both papers asked for reconsideration of the breadth
of the court’s decision
and the imposed timetable. The case will be heard in August in
the U.S. Court of Appeals for the 9 th Circuit. The court does
not have a deadline for a ruling.
EPA is currently researching boat discharges and outlining what
discharges are of concern and potential methods to reduce them.
EPA is in the process of outlining what should be included in the
permits.
H.R. 2550, the “Recreational Boating Act of 2007” has
been introduced by Representatives Gene Taylor (D-Miss) and Candice
Miller (R-Mich). This bill is designed to give recreational boats
a permanent exemption from the permit requirement.
So if H.R. 2550 passes, what would it do?
The Recreational Boating
Act of 2007 would allow you to boat and fish the same way you
did last year. It would turn the 34 year EPA exemption for “normal operational discharges” from
recreational boats into permanent law. It would not turn back any
existing environmental controls.
I care about the environment. Does
supporting H.R. 2550 mean I don’t want cleaner water?
No. Clean Water is a
critical ingredient in our ability to enjoy boating, fishing
and our nation’s
waters. We are active supporters of voluntary Clean Boating and
Clean Marina education programs all around the country.
The fact is that the main sources of potential pollution from
boats (oil, fuel, sewage, and trash) are already regulated and
restricted. And these restrictions will not change under H.R. 2550.
No current environmental regulations on boating will be weakened
or reversed.
The proposed permit system will be costly and
cumbersome for citizen boaters, the boating industry, state law
enforcement and permit personnel, and the federal government, without
any significant benefits.
What’s the current status of
the H.R. 2550?
As of 7/23/07 the bill has been introduced, and is referred to
the House Subcommittee on Water Resources and the Environment.
It is not yet scheduled for a hearing.
Who is currently co-sponsoring H.R. 2550?
Representative Gene Taylor (D-MS) and Representative Candice
Miller (R-MI) introduced the legislation. As of 7/20/07, here are
the co-sponsors:
Rep Richard H. Baker (R-LA), Rep Vern Buchanan (R-FL), Rep Thelma
D. Drake (R-VA), Rep John J. Duncan, Jr. (R-TN), Rep Vernon J.
Ehlers (R-MI), Rep Bob Filner (D-CA), Rep Peter Hoekstra (R-MI),
Rep Thaddeus G. McCotter (R-MI), Rep Jeff Miller (R-FL), Rep Adam
H. Putnam (R-FL), Rep Charles B Rangel (D-NY), Rep Pete Sessions
(R-TX) and Rep Zachary T. Space (D-OH), Rep Aderholt, Robert B.
[R-AL], Rep Bartlett, Roscoe G. [R-MD], Rep Camp, Dave [R-MI] and
Rep Paul, Ron [R-TX].
Just because your Member of Congress is
listed above, please don’t ignore them. Thank them for
supporting boating!
For the most current
list of co-sponsors, click here: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR02550:@@@P
I want to do more. I’m an avid boater and can’t
bear the thought of this. Tell me everything I can do!
- Email your Representative and Senators today,
with a copy to govtaffairs@boatus.com.
Ask them specifically for their support of H.R. 2550. Personalize
your letter so they understand how important this bill is for boating,
and particularly for you and your family.
- If your Representative is not yet co-sponsoring
H.R. 2550, ask them to consider it. If they are sponsoring
H.R. 2550, thank them for their support of boating and ask them
to continue.
- Email EPA so they understand how this permit can
impact citizens. If you chose to contact the EPA, know that your email
will become public information on the internet. EPA’s email
is ow-docket@epa.gov
, and you need to use the subject line of “Docket ID No. OW-2007-0483.”
- Encourage your Senator to support passage
of H.R. 2550 and companion legislation.
- Follow up your email with a call to their Washington
or district office. (Check http://www.boatus.com/gov/contact.asp
for the number.)
- Set up a meeting with your Members of Congress
when they are home during August recess. Even better, take
them boating!
- Talk about this topic with your friends, family,
and boating and fishing clubs. Share the BoatUS Action Alert email
with them (http://www.boatus.com/gov).
Post this information at your boat club or marina and enlist their
support. We need to turn up the heat on this topic, and increase support
for H.R. 2550 to pass this pro-boating legislation.
Where can I learn more?
For articles from the March 2007 and July 2007 BoatUS Magazine: http://www.boatus.com/gov/dischargepermits.asp
http://www.boatus.com/gov/ballast_0207.asp
For more
information from BoatUS: http://www.boatus.com/gov/
For information from
a coalition of boating groups and industry: http://www.boatblue.org
For information from
EPA: http://epa.gov/owow/invasive_species/VesselFactSheet.pdf
For more legal background:
http://epa.gov/owow/invasive_species/ballast_water.html
For the exact text
of H.R. 2550: http://www.boatus.com/gov/HR2550.asp
To contact BoatUS:
Email: govtaffairs@boatus.com
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