Action Alert: EPA Discharge
Permit Requirement for Recreational Boats
June 27, 2008
The Draft EPA Permit for Recreational Boat Discharges:
What’s it mean for boaters?
Effective September 30, 2008, every boat in the U.S. will be required to operate under an EPA discharge permit. On June 17, 2008 the EPA issued a draft permit for discharges from recreational or uninspected passenger vessels less than 79’. (There is a separate permit for other vessels.) This permit is open for public comments until August 1, 2008.
Important facts about the permit:
- All boats need a permit when in the “waters of the United States” in all states and territories, and extending into the ocean 3 miles.
- You must allow EPA, their contractor, the USCG, or state authority to inspect your vessel, and take discharge samples.
- If you don’t comply with the permit requirements, each day is a separate Clean Water Act violation and each violation is subject to a $32,500 penalty.
- You may be sued under the Clean Water Act citizen lawsuit provisions.
How does this work?
It starts out easy. The initial permit is a 5 year national permit that automatically includes all boats and has no fee. However, every state is required to approve the national permit before 9/30/08, at which time they can add their own set of requirements for boaters. (By the way, if your state doesn’t meet this deadline, all boats in the state are operating illegally until the state approves the permit.)
The future permit requirements – both national and state by state – are unknown.
- EPA will allow the permits to be issued by states, where they may be further customized and states can charge a fee. Boaters may need multiple permits (multiple fees, multiple discharge regulations, additional paperwork) to legally cruise between states.
- EPA may impose additional limitations on a site-specific basis or require that you obtain an individual permit if they determine your discharges are not adequate for the waters you are in. This means multiple permits may be needed to operate even within one state.
- Being automatically included in the permit may also change. Any interested party can ask EPA to require individual permits instead.
- BoatU.S. has significant concerns about what will be required, in terms of paperwork, fees, and measures to comply with the yet undefined future permits.
Basically, what are the current permit requirements?
1. You must obey existing federal laws restricting overboard discharge of untreated sewage, no discharge of fuel or oil that creates a sheen, no discharge of plastics anywhere and no discharge of all garbage within 3 miles offshore.
2. Your discharges can’t have any visual indicator of pollutants, such as foam, or contain material from accidental spills, or contain any visible living organisms.
3. “Do not top off your fuel tanks”, use an oil absorbent product while fueling and under your engine to catch drips.
4. You must have something to put trash in, store any used antifreeze, paint, toxics, and out-of-date flares in secure containers, secure all loose items on deck, and can’t dispose of fishing waste overboard while in a harbor or marina.
5. Any soap or other cleaner you use must be non-toxic and phosphate free.
6. “Don’t clean anti-foulant paint which releases biocides in the first 90 days after application.” Cleaning must not cause a plume of paint.
7. EPA is also encouraging boaters to use onshore head facilities, use biodegradable soaps, pack food in reusable containers, and conduct large hull cleaning jobs out of the water.
What can I do about this impending permit?
This permit will come into effect on 9/30/08 unless legislation is passed by Congress that will restore the 35 year old permit exemption that EPA created in 1973. “The Clean Boating Act of 2008” (Senate Bill 2766/House Bill 5949) provides a permanent permit exemption for recreational boats. This legislation is supported by BoatU.S., National Marine Manufacturers Association, and many other boating and fishing groups. You can help by contacting your Members of Congress and urging them to push the bill to a floor vote now and to vote YES to give boats permit exemptions.
Meanwhile the clock is ticking for EPA. Boaters can pose specific questions about the permit at the EPA public meetings in Portland, Oregon (June 24), Chicago (June 26), or Washington DC (July 21), or their national webcast (July 2). You can submit written comments to EPA before 8/1/08. You may wish to consider the questions EPA has posed:
Should “encouraged” behaviors be mandated (i.e. store graywater for disposal onshore)? Should EPA establish numeric discharge limits (i.e. telling you how much soap and water you can use while boat washing)? Should the permit be designed so boaters will individually apply for the permit?
For more information:
Draft permits and EPA’s fact sheets:
http://cfpub.epa.gov/npdes/home.cfm?program_id=350
EPA summary and details on the public comment process:
http://www.epa.gov/npdes/regulations/vessel_frnotice.pdf
For the latest information and to support “The Clean Boating Act”:
www.boatus.com/gov or www.boatblue.org
BoatU.S.
email: govtaffairs@boatus.com phone: (703) 461-2878 x8363
June 20, 2008
To read the draft Recreational General Permit and EPA's fact sheet Click Here.
BoatU.S. staff attended the first public meeting yesterday in Washington D.C. Our summary of the permit and what we learned will be posted on Monday, June 23 on this site. Please check back on Monday for more information.
May 23, 2008
Dear Boating Colleagues,
A lot of good things have happened in the last 2 weeks.
- First, on May 15, the House Transportation and Infrastructure Committee approved H.R. 5949 "The Clean Boating Act of 2008." This bill, introduced by Rep. LaTourette (R-OH) only fifteen days prior, has the same language as S. 2766, "The Clean Boating Act of 2008," introduced in March by Senators Boxer (D-CA) and Nelson (D-FL). The House bill was voted out of the Committee without amendment and is headed to a full House Vote.
- Second, on May 21, the Senate Environment and Public Works Committee voted on S. 2766 "The Clean Boating Act of 2008," and passed it out of Committee without amendment. This bill is now headed to a full Senate vote.
- These are both FANTASTIC developments, and it means we've jumped two big hurdles in the last two weeks- hurdles we could not have jumped without your loud grassroots voices!
Where does that leave us?
We still have a long way to go, and we still need your help- all we can muster- to pass this legislation for recreational boating.
- Time is running out- the permit deadline is in about four months. Congress has a week recess for Memorial Day and July 4, and four weeks in August.
- We need to get S. 2766/H.R. 5949 to a full Senate and full House vote during June or July.
- We need more cosponsors on the bills, and we need to secure more YES votes on behalf of recreational boating from both Senators and Representatives.
So what can you do?
- Even if you have already contacted your Senators and Representatives on this topic in the last year, you need to do it again!
- Do you know your Members of Congress personally? If so, you have a prime opportunity near Memorial Day to talk with them. Congress is head home May 23-June 3. If you see them, ask them to co-sponsor and vote YES for the Clean Boating Act of 2008 (S. 2766/H.R. 5949).
- Remember H.R. 2550 "The Recreational Boating Act of 2007" introduced last year by Reps. Taylor (D-MS) and Miller (R-MI)? That bill currently has 93 cosponsors, but the bill is now dormant since it's been overtaken by H.R. 5949 (with 7 sponsors). We need help converting the cosponsors of H.R. 2550 over to be cosponsors on H.R. 5949. Want to see the list of 93 cosponsors of last year's bill? Click Here
- Please email or call your 3 members of Congress in the next few weeks. To quickly do this Click Here.
- Here's your simplified message: I'd like to ask Senator or Representative X to help recreational boating in our state and all over the country, by voting YES, and cosponsoring S. 2766/H.R. 5949 "The Clean Boating Act of 2008."
- If you get feedback from Members of Congress please share it with us at govtaffairs@boatus.com so we know the latest.
- Share this information with your boating club, fishing group, marina, and anyone you know who uses a boat. We need a huge volume of support to move Congress quickly in the right direction.
Thank you so much for your continued help!
May 19, 2008
The Senate Environment and Public Works Committee has scheduled a hearing for S. 2766 "The Clean Boating Act of 2008" on May 21, 2008 at 10 a.m. If your Senator is on this committee it is important that they hear from you this week. Click here to view members of the Environment and Public Works Committee
May 15, 2008
The court imposed EPA permit requirement for all vessels in this country is now only 4 months away from impacting every boat owner in the country.
The only way to fix this is through federal legislation. Your ongoing help is needed in order to quickly pass S. 2766/H.R. 5949 "The Clean Boating Act of 2008" through Congress.
On May 1, Rep. La Tourette (R-OH) and Rep. Miller (R-MI) introduced H.R. 5949, which has identical language to S. 2766 "Clean Boating Act of 2008," introduced March 13th by Senator Boxer (D-CA) and Senator Nelson (D-FL). These bills both provide a permanent exemption for recreational boats from the EPA discharge permit requirement.
Yesterday the House Transportation and Infrastructure Committee passed H.R. 5949 through a voice voter, so now it heads to a full House vote.
We anticipate the next step is that the Senate Environment and Public Works Committee will markup S. 2766, potentially on Wednesday May 21st. From there, the bill can go to the full Senate for a vote. Then the bill is expected to voted on in the House.
In the next few days it's important for the 19 members on the Senate Environment and Public Works Committee to hear from their constituents in their home states. If you live in California, Connecticut, Delaware, Georgia, Idaho, Louisiana, Maryland, Minnesota, Missouri, Montana, New Jersey, New York, Ohio, Oklahoma, Rhode Island, Tennessee, Vermont, Virginia, Wyoming, one of your Senators is on this critical committee! Please pick up the phone or email NOW! Even if you have contacted them before on this issue, we need them to hear your voice again.
Click here send an email
Click here for phone numbers
Click here for bill language
Click here to view members of the Environment and Public Works Committee
Thanks to lots of help we now have co-sponsors on the new S. 2766 "The Clean Boating Act of 2008". Please take a look at this list below to view current co-sponsors. If you don't see your two Federal Senators Click here to send an email or Click here for phone numbers to call. We really need volume right now!
Current Co-sponsors of S. 2766
| Sen Bayh, Evan [IN] |
Sen Bond, Christopher S. [MO] |
| Sen Boxer, Barbara [CA] |
Sen Brown, Sherrod [OH] |
| Sen Bunning, Jim [KY] |
Sen Burr, Richard [NC] |
| Sen Cardin, Benjamin L. [MD] |
Sen Carper, Thomas R. [DE] |
| Sen Chambliss, Saxby [GA] |
Sen Cochran, Thad [MS] |
| Sen Coleman, Norm [MN] |
Sen Collins, Susan M. [ME] |
| Sen Corker, Bob [TN] |
Sen Craig, Larry E. [ID] |
| Sen Crapo, Mike [ID] |
Sen Dodd, Christopher J. [CT] |
| Sen Dole, Elizabeth [NC] |
Sen Feinstein, Dianne [CA] |
| Sen Isakson, Johnny [GA] |
Sen Kohl, Herb [WI] |
| Sen Landrieu, Mary L. [LA] |
Sen Levin, Carl [MI] |
| Sen Mikulski, Barbara A. [MD] |
Sen. Nelson, Bill [FL] |
| Sen Reed, Jack [RI] |
Sen Snowe, Olympia J. [ME] |
| Sen Specter, Arlen [PA] |
Sen Stabenow, Debbie [MI] |
| Sen Vitter, David [LA] |
Sen Voinovich, George V. [OH] |
| Sen Webb, Jim [VA] |
Sen Whitehouse, Sheldon [RI] |
| Sen Wicker, Roger F. [MS] |
|
Background:
For 34 years the federal Environmental Protection Agency (EPA) has exempted
discharges from recreational boats from the Clean Water Act permit system.
Regretfully, a fall 2006 U.S. District Court ruling cancelled this permit
exemption. EPA is now required by the court decision to develop and
implement by September 30, 2008 a national permit system for ALL vessels
in the United States for a variety of normal operational discharges.
The original
lawsuit that led to this court decision sought to address ballast water
discharges from large ocean-going ships, which can introduce damaging
aquatic invasive species into U.S. waters. Keeping our waterways clean
and preventing the spread of invasive species is of utmost importance
to the future of boating. But taking a complex permitting system designed
for industrial dischargers and applying it to recreational boats will
not yield significant environmental benefits and it will come at a very
high cost. Requiring recreational boaters to purchase a permit would
not prevent the spread of invasive species.
If the permit
system becomes a reality, you will be required to pay for a state permit
for each of your boats. EPA will be potentially monitoring your deck
runoff, grey water, bilge water, engine cooling water, and the use of
copper bottom paints.
It is important
to note that there are already federal laws restricting the overboard
discharge of oil, fuel, garbage and sewage. The proposed legislation
will not alter any of these existing restrictions.
March 19, 2008
NEW SPRING INFORMATION FOR BOATERS AND ANGLERS!
We have a new bill, S. 2766, "The Clean Boating Act of 2008", that we need your help to support. This bill will provide a permanent exemption for recreational boaters, anglers, and charter boats, from the looming EPA discharge permit requirement.
Over the last 8 months or so, many people have taken the time to support S. 2067 or H.R. 2550 "The Recreational Boating Act of 2007". This new bill, S. 2766 has the best chance of gaining widespread political support from both Democrats and Republicans. It includes all the former contents of S. 2067 and H.R. 2550 as well as a provision to exempt charter boats from the permit and to required EPA and the U.S. Coast Guard to determine reasonable and practical management practices for discharges.
We urge every boater, anger, and boat owner to click on the following links to learn more about this new legislation. Please take a few minutes and let your federal Senators and Congressmen know about the importance of boating in your life, and ask them to co-sponsor or support this new legislation. Remember that if we don't get legislation passed, we all need to get EPA permits to operate our boats effective 9/30/08!
Click here to see our 3/19/08 press release
Click here for more information:
November
28, 2007:
Action Needed:
We need your help to push Congress to pass legislation "The Recreational
Boating Act of 2007" (H.R. 2550/S. 2067) that will reinstate the
permit exemption for recreational boats.
Please contact
your Congressman and Senators TODAY and ask that they co-sponsor or
support H.R. 2550 and S. 2067.
Click
here to see today's Action Alert and send an email to your Members
of Congress.
Click here for
a sample email letter. (Word Document)
Click here for Frequently
Asked Questions
Click Federal
Alert Page for more information.
News: Collier County, FL Anchoring Court Decision
November
1 - A recent Collier County, FL, court decision that found a restrictive
Marco Island recreational boat anchoring ordinance in violation of state
law could help lead to a statewide solution to Florida’s patchwork
of local anchoring laws.
The Marco Island ordinance restricted recreational boaters to a maximum
12-hour anchoring period when located within 300 feet of a seawall,
and maximum six-day anchoring period anywhere beyond that distance.
Collier County Judge Rob Crown’s October 26 th decision said that
the Marco Island ordinance was “an unlawful regulation of publicly
owned sovereign waterways in violation of Florida law.”
Click here to read BoatU.S.
Press Release.
