Clean Boating Act of 2008 (P.L. 110-288)

1. Clean Boating Act of 2008(P.L. 110-288) Sport Fishing & Boating Partnership Council March 4, 2011

2. 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.

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: • Determine (by regulation) DITNORVs for which it is reasonable and practicable to require management practices (MPs) and develop MPs • 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)

8. 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

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

10. 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

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