Boat Sewage Disposal Rule Stakeholder Meeting November 16, :00 PM TCEQ Campus Park 35 Circle Building A, Room 202 Austin, Texas

Meeting Goals  Share information about the proposed rule: o Rulemaking Timeline o Background o Scope of rulemaking o Points for discussion  Open Discussion

Rulemaking Timeline December 1, 2009 Comments from Stakeholder Meeting Due April 28, 2010 Rule proposed at Commission Agenda May 14, 2010* Proposed rule published in Texas Register June 8, 2010 Public Hearing June 14, 2010* Comment period end date October 6, 2010* Adoption of rule at Commission Agenda October 28, 2010* Rule effective date *tentative dates

Overview of the Current Rule 30 Texas Administrative Code Chapter 321, Subchapter A, Boat Sewage Disposal

30 TAC Ch. 321, Subchapter A  Requirements related to marine sanitation devices (MSD) and pump-out facilities  Requirements pertaining to the discharge of treated and untreated sewage from MSDs into waters in the state

30 TAC Ch. 321, Subchapter A  Identifies which boats must have MSDs installed  Contains specifications for MSDs and pump-out facilities  Requires certification of MSDs and pump-out facilities, including fees, and renewal of certification  Contains disposal methods for contents of holding tanks and pump-out facilities

30 TAC Ch. 321, Subchapter A  30 TAC Ch (b) – The discharge of sewage which has not been treated in accordance with federal standards from a boat into waters in the state is prohibited.  30 TAC Ch (c) - No person may discharge sewage, treated or untreated, from a boat into or adjacent to any designated lake.

30 TAC Ch (a) Designated Lakes (1) Lake Austin (2) Lake Bridgeport (3) Lake Brownwood (4) Lake Cedar Creek (5) Lake Conroe (6) Eagle Mountain Lake (7) Lake Granbury (8) Lake Grapevine (9) Lake Houston (10) Lake Lewisville (11) Lake Livingston (12) Lake Lyndon B. Johnson (13) Lake Meredith (14) Lake Palestine (15) Lake Possum Kingdom (16) Lake Ray Hubbard (17) Lake Sam Rayburn (18) Lake Somerville (19) Lake Tawakoni (20) Lake Texoma (21) Lake Toledo Bend (22) Lake Travis (23) Lake Waco (24) Lake Whitney (25) Clear Lake

Why Rulemaking? To implement changes as set forth in Senate Bill 2445

Senate Bill 2445  Passed during the 81 st Legislative Session o Sponsored by Representative Tracy King o Authored by Senator Carlos Uresti  Effective September 1, 2009  Amended Texas Water Code §§ and and Texas Parks and Wildlife Code §

Senate Bill 2445 Added new definition for surface water in the state “All lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico out to three nautical miles into the Gulf, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the bed and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside the jurisdiction of the state, except waters beyond three nautical miles of any shore in the state.”

Senate Bill 2445 Redefined the term boat “Any vessel or other watercraft, whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating on surface water in the state, whether or not capable of self-locomotion, including but not limited to cabin cruisers, houseboats, barges, marinas, and similar floating objects. The term does not include a vessel subject to inspection under 46 U.S.C. Section 3301.”

Vessels Subject to Inspection Under 46 U.S.C. Section 3301 (1) freight vessels (2) nautical school vessels (3) offshore supply vessels (4) passenger vessels (5) sailing school vessels (6) seagoing barges (7) seagoing motor vessels (8) small passenger vessels (9) steam vessels (10) tank vessels (11) fish processing vessels (12) fish tender vessels (13) Great Lakes barges (14) oil spill response vessels (15) towing vessels

Senate Bill 2445  New definition for boat pump-out station “Any private or public shoreside, mobile, or floating installation either independent of or in addition to an organized waste collection, treatment, and disposal system used to receive boat sewage.”  New definition for shoreside, mobile or floating installation “Marinas and other installations servicing boats on surface water in the state.”

Senate Bill 2445  Renewal of certifications for pump-out stations changed from annual to biennial.  The current boat pump-out certifications expire on December 31,  The TCEQ will begin issuing certifications on a biennial renewal schedule this year. These certifications will expire on December 31, 2011.

Scope of Rulemaking  Revise definition of boat  Add definitions for: o surface water in the state o boat pump-out station o shoreside, mobile, or floating installation  Change the frequency for renewal of pump-out station certifications from annual to biennial (fee amount remains the same)

Why Rulemaking? To revise other areas of the current rule to be consistent with federal regulations

Federal No Discharge Zones EPA regulations include waterbodies that are no discharge zones (NDZ) by their geographical nature: “In freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or outlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine sanitation devices...installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage.”

Federal No Discharge Zones  For those waterbodies that meet the federal definition based on their geographical nature, states are not required to seek an NDZ designation through EPA.  Other waterbodies, such as coastal waters and estuaries, can be designated as a federal NDZ through a petition process to EPA.

Scope of Rulemaking  All freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets/outlets prevent the ingress/egress of vessel traffic subject to the regulations will become NDZs  All rivers that do not support interstate vessel traffic will become NDZs  Clear Lake will remain an NDZ

Marine Sanitation Device Specifications  Current TCEQ rules include specifications for approved MSDs. However, federal laws regarding MSDs preempts state regulation of the design, manufacture, or installation or use of any MSD.  Exception - States may regulate the design, manufacture, or installation or use of a MSD on a houseboat, if the regulations are more stringent than federal standards.

Types of Marine Sanitation Devices Sewage Treatment Device Vessel Length Standard Type I- Flow-through device (maceration and disinfection) equal to or less than 65 feet in length The effluent produced must not have a fecal coliform bacteria count greater than 1000 per 100 milliliters and have no visible floating solids. Type II- Flow-through device (maceration and disinfection) greater than 65 feet in length The effluent produced must not have a fecal coliform bacteria count greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter. Type III- Holding tank any length This MSD is designed to prevent the overboard discharge of treated or untreated sewage. Information from EPA website:

Specifications for Approved MSDs When operating a vessel on a federal NDZ, the operator must secure each Type I or Type II MSD in a manner that prevents discharge of treated or untreated sewage

Methods for Securing Type I & Type II MSDs 1) Closing the seacock and removing the handle; 2) Padlocking the seacock in the closed position; 3) Using a non-releasable wire-tie to hold the seacock in the closed position; or 4) Locking the door to the space enclosing the toilets with a padlock or door handle key lock.

Scope of Rulemaking  Remove specifications of MSDs for all boats except houseboats, by adopting U.S. Coast Guard regulations by reference.  Specifications for pump-out facilities will remain the same.

Other Revisions  Redefine houseboat. Current definition: “Any boat fitted for use as a dwelling or for leisurely cruising, including any barge.”  Defined in 33 U.S.C. § 1322: “A vessel which, for a period of time determined by the State in which the vessel is located, is used primarily as a residence and is not used primarily as a means of transportation.”

Other Revisions  Electronic Certification System  Mandatory or optional?  ePay system currently set up for this program (fee payable online with credit card)  TCEQ would still mail out stickers to boat owners and pump-out station owners

Boat Sewage Disposal Rule Questions??

Discussion Points  Certification for MSDs on boats that are located on coastal waters  To what types of boats in the coastal area would the certification be applicable if the requirement encompasses all state waters?

Discussion Points  Should Type III MSDs continue to be required on all houseboats? This would extend the requirement to houseboats on all freshwater lakes and reservoirs (not just the current 25 designated waterbodies).  What type of financial impacts will result from the rule changes?

Contact Information  Rule Team Project Manager:  Lynley Doyen    Rule Website: s/stakeholders/boatsewagedisposal.html