Clean Boating Act of 2008 (P.L ) Sport Fishing & Boating Partnership Council March 4, 2011

Clean Boating Act History In a 2005 court decision, it was determined that EPA lacked authority to exempt discharges incidental to the normal operation of a vessel from regulation under the Clean Water Act (CWA). A 2006 court ruling vacated the exemption. As a result, EPA was required to regulate discharges incidental to the normal operation of certain vessels using CWA permits. In 2008, the Clean Boating Act (CBA) was passed. 2

3 Changes to the CWA New CWA § 402(r): –No permitting of discharges incidental to the normal operation of recreational vessels (DITNORVs) New CWA § 312(o): Three phases of regulations: –EPA to: 1.Determine (by regulation) DITNORVs for which it is reasonable and practicable to require management practices (MPs) and develop MPs 2.Promulgate regulation establishing performance standards for MPs –USCG to: 3.Promulgate regulations governing design, construction, installation, and use of MPs

4 Changes to the CWA [cont] After effective date of USCG rule, DITNORVs into waters of US or contiguous zone must meet performance standards Enforcement of regulations by USCG and states via existing CWA §§ 312(j) & (k)

5 Vessels Covered Approximately 17 million recreational vessels –13 million state-registered, plus another 4 million non- registered “Recreational Vessel” (CWA § 502) means any vessel that is: –Manufactured or used primarily for pleasure; or –Leased, rented, or chartered to a person for the pleasure of that person However, the definition does not include a vessel that is subject to Coast Guard inspection and: –is engaged in commercial use; or –carries paying passengers

6 Approach for Rule Development Arrange rule by discharge types for clarity and ease of use by recreational boater Focus on discharge characteristics using existing information Carefully consider input from stakeholder groups Phase 1: Narrative, easy-to-understand descriptions of management practices Phase 2: Objective, easily measured standards

7 Discharges Covered Any discharge, other than a discharge of sewage, from a recreational vessel that is incidental to the normal operation of the vessel (e.g., weather deck runoff, bilge water, graywater)

Discharge Types Under Consideration Fire Fighting System Graywater and Similar Discharges Bilgewater and Oil/Water Interfaces Engine Maintenance and Fueling Cleaning and Maintenance Antifouling Systems Fishing Waste Corrosion Control 8

9 Aquatic Nuisance Species (ANS) A main point of interest to the public and state natural resource agencies is ANS Potential areas for ANS management practices –Hull fouling –Ballast water –Contaminated vessel components –Trailer cleaning

Stakeholder Involvement EPA is holding listening sessions and conducting webinars to inform interested parties about the CBA and receive public input –Specific discharges or broad categories of discharges for which EPA should consider developing management practices –Innovative management practices that EPA should consider incorporating into the regulations –Lessons learned from non-regulatory programs 10

11 Anticipated Phase 1 Schedule Publish Notice of Proposed Rulemaking –Summer, 2012 Final Phase 1 Rule –Summer, 2013