Background
What's the Timing?
Why a New Bill?
What are the Differences in the Bills?
What Does S 2766 Include?
View a Copy of the Bill
Speaking Points
Contact Your Senators Electronically
Background
In 1999, environmental groups filed a lawsuit against
the federal Environmental Protection Agency (EPA) in an attempt to
control the spread of aquatic nuisance species by mandating the treatment
of ballast water in large commercial ocean going ships.
The court's decision, issued in
fall 2006, mandated that EPA is required to develop an operational
discharge permit for every vessel in the U.S. by 9/30/2008. Vessels
include boats, ships, dinghies, and everything in between.
EPA is currently
drafting that permit system. If national legislation is not passed,
we expect that you will need to apply for a permit for each of your
boats, renew it every 5 years, and potentially get a separate permit
for every state where you operate the boat. With this impending permit
deadline about six months away, the urgency to pass this legislation
is strong.
In the last year, there have been several federal bills
introduced to try to help keep recreational boats out of this permit
system. Until last week HR 2550 and S. 2067 "The Recreational Boating
Act of 2007" have been our best option to date. These are the bills
that we've supported for nearly a year. Last fall, Senators
Barbara Boxer (D-CA) and Bill Nelson (D-FL) committed to fixing
this issue for recreational boaters. As a result, S. 2766 "The
Clean Boating Act of 2008" was formally introduced on March
13, 2008.
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What's the timing?
Under current court mandate, EPA must have a permit system
in place for all vessels by September 30, 2008. Unless legislation is passed,
boaters need to have their permits in hand to legally operate their
boats in October and beyond.
With elections in eight months, and time
set aside for Members of Congress to work in their home district, there really
isn't a whole lot of spare time in Washington D.C. As a result, we are working
with others in the marine industry, including National Marine
Manufacturers Association, to get this legislation passed this
spring. In addition, for those folks who like less government
waste, the sooner this legislation passes, the less time EPA
spends developing a permit system that won't be used.
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Why a new bill?
While boating groups, including BoatUS, have been
pushing HR 2550 and S 2067 for months, the bills have not yet picked
up the needed momentum. HR 2550 currently has 70 sponsors (both Republicans
and Democrats) and S 2067 has 12 sponsors (11 Republicans and 1 Democrat).
At this time, S. 2766 has the best chance of gaining widespread
political support from both Democrats and Republicans.
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What are the differences in the bills?
Both HR 2550 and S. 2067 articulate
the definition of a recreational boat and then exempt recreational
boats from the permit requirement of the Clean Water Act.
The new
bill, S. 2766, includes all that language, with two additions. Charter
boats are exempted from the permit and there is a three year, three
part framework to determine if any management practices should be
required. (see below)
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What does S 2766 include?
The "Clean Boating Act of 2008", addresses
three major points:
- Recreational vessels (including charter boats)
are exempt from a new Clean Water Act permit requirement for normal
operational discharges. (This eliminates the possibility of citizen
lawsuits against boaters or agencies for not complying with a permit
system.)
- There is a new three year, three part framework to look at
normal operational discharges of recreational boats and determine
if any management practices should be required. EPA, with the Coast
Guard, and other agencies will determine if there are any discharges
(other than sewage) for which they need to develop new management
practices that are "reasonable and practicable." For any management
practice developed, they'll develop performance standards which take into account
different sizes, types, and ages of boats as well as safety and economic impact.
Then the Coast Guard will develop regulations for the discharges. Each of the
three steps includes a public comment period.
- This bill does not rescind any existing
environmental restrictions - it will still be illegal to discharge
plastics and garbage, oil and fuel, and raw sewage.
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View a copy of the bill
Click
here to view
S. 2766, "The Clean Boating Act of 2008"
If you have questions
about the bill, click here to send us an email:
GovtAffairs@BoatUS.com or
call us at 703-461-2878 x8355.
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Speaking Points
Call your Senator's office in Washington DC. Let them know you
are a recreational boater, and ask them for their support for S. 2766, the "Clean
Boating Act of 2008."
Help them know:
- This bill is a practical solution to the looming 9/30/2008 EPA permit
deadline for recreational boaters, anglers, and charter boats.
- This bill does
not turn back any existing environmental restrictions on boating.
- This bill will
reduce bureaucracy currently being created to administer and implement an EPA
permit program for more than 15 million recreational vessels.
- Be sure to say thank
you!
- Please let us know how your conversation went - whether they were supportive,
neutral or negative. Send us an email at GovtAffairs@BoatUS.com or leave us a
message at 703-461-2878 x8363.
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