EPA Pollution Permits for Boaters

Posted by Alan Sorum Jul 20, 2007

Recreational boat owners may need to be permitted by the U.S. Environmental Protection Agency (EPA) if a recent decision from the United States District Court of Northern California is upheld. Under terms of the Clean Water Act, the EPA administers what is called the National Pollutant Discharge Elimination System (NPDES). NPDES is a program familiar to many industrial and municipal organizations, but not to the average boater. Historically the EPA has excluded routine discharges incidental to the normal use of a vessel for the last 34 years. These discharges are things like cooling water, gray water, deck runoff, and water used in hull cleaning. In Northwest Environmental Advocates versus EPA, the District Court found that vessels previously exempted from NPDES regulation for incidental discharges will be required to hold an EPA issued permit.

Initial goals of the environmental lawsuit were to force regulation of ballast water discharges by commercial vessels. Concerns have circulated for years that improperly handled ballast water could spread invasive aquatic species. Unfortunately the Court's decision was not limited to vessels that have a ballast water tank, potentially implicating 18 million of recreational boats, 81,000 commercial fishing boats and 53,000 cargo vessels in the United States.

Not only will this new ruling create a bureaucratic structure to issue and enforce terms of the permits, some industry analysts believe they could cost up to $800 each. The boating industry rightly worries this scheme could pose a mortal danger to the future of their trade.

The EPA is seeking public comment to help the Agency design incidental boat discharge permits in a timely manner. Comments must be made by 6 August 2007. If the current EPA appeal of the decision being made to the U.S. Court of Appeals is unsuccessful, new permits must be in place by September of 2008.

US Representative Candice Miller (R-MI) and Gene Taylor (D-MS) have introduced the Recreational Boating Act of 2007 to continue the exemption of recreational boats from Clean Water Act. Boaters concerned with this issue need to contact their legislators in Washington.

Sent comments to the EPA by e-mail to ow-docket@epa.gov - Attention Docket ID No. OW-2007-0483 or send an original letter and two copies via the postal service to:

Environmental Protection Agency - Mailcode: 2822T

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Attention Docket ID No. OW-2007-0483