[Public-List] EPA Clean Boating Act session

[Jim Davis]

First let me state it was poorly noticed.  The first warning I got was from Boat/US addressed to Maryland Boaters.  Perhaps it was in magazines, but I sure didn't see it.  Unfortunately if you can't attend a session in Annapolis, the only way to comment is by email or snail mail.
http://water.epa.gov/lawsregs/lawsguidance/cwa/vessel/CBA/participate.cfm

There were about 50-60 in attendance.  Mostly worried about EPA's purpose and all the rumors that have been flying around.  Marina crackdowns on things like boat cleaning have added to the concern.  One man I talked with said he wasn't allowed to clean his own boat on Spa Creek because of run off.  Not really the whole story, he was overreacting to rumor control, citing non-existent Maryland regulations.

The EPA folks did a nice job of explaining the Clean Boating Act (see link below) and why they have to develop regulations.  They seem to be using common sense and not planning to go overboard, or price boating out of existence with massive retrofits.  They say the rules will be simple, easy to follow and cost effective.  They referenced the various state pamphlets on clean boating as what they are looking at.  The Maryland voluntary program is one they referenced as an example.
http://www.dnr.maryland.gov/boating/cleanmarina/resources.asp  California was also referenced   http://www.coastal.ca.gov/ccbn/EnvironmentalLawsBrochure.pdf
They stressed that the end product will apply to all states and US waters, but they also conceded that State/Local jurisdictions can go beyond the Federal rules.

Enforcement will be by the USCG and where authorized State/Local marine police.  I specifically asked about individual citizens enforcing by filing civil law suits as allowed under the Clean Water Act.  I was told that the Clean Boating Act restricts enforcement to the USCG (State/Local), not to individuals.  I asked this question specifically thinking about the Puget Sound Keepers Association and what has been called vigilante tactics (lurking about marinas and filing Civil Lawsuits against individuals and marinas for perceived violations of the Clean Water Act). 

All other discharge rules will remain in place and are unaffected by the Clean Boating Act.  This includes: oil and fuel spills, plastic, garbage and trash.

It looks like final rule making will be 2012/13 and probably 2014 before it goes into affect.  First EPA has to write the Rule, then the USCG has to take the Rule and convert it into a Regulation.  Of course there will be public comment periods at each stage.

All in all  An interesting evening and the EPA folks did listen, how much they heard may be a different story.  Most of the attendees were totally confused as to the state of regulation and rumor lead the individual testimony.  There was also a fair amount of "off topic" complaining.  While this was clearly environmental the session was devoted to pleasure boats, not chicken farmers, lawn care and sewage treatment plants.  While I agree with these sentiments, the EPA folks were from a different branch of EPA.

http://water.epa.gov/lawsregs/lawsguidance/cwa/vessel/CBA/index.cfm#CP_JUMP_526474
http://water.epa.gov/lawsregs/lawsguidance/cwa/vessel/CBA/about.cfm#CP_JUMP_526512

and Boat/US   http://www.boatus.com/gov/

Bottom line  I am reminded of Ronald Regan's comment about the scariest words in the English language  "I'm from the Government and I'm here to help."  Yes I did say that in my testimony.

Jim Davis
S/V Isa Lei
CT 35

Although a soldier by profession, I have never felt any sort of fondness for war, and I have never advocated it, except as a means of peace.
Ulysses S. Grant