Here is the response letter I received today about the EPA proposal
Dear Mr. Snodgrass ,
Thank you for contacting me to express your concern about the inclusion of recreational boaters in a developing Environmental Protection Agency (EPA) permit program. I appreciate you sharing your perspective with me on this issue and sincerely regret the delayed response.
As you may know, in 1972, Congress enacted significant amendments to the Clean Water Act in order to restore and maintain the chemical, physical and biological integrity of the Nation's waters. These changes to the Clean Water Act prohibited the discharge of any pollutant from a point source into navigable U.S. waters without a National Pollution Discharge Elimination System (NPDES) permit issued by the Environmental Protection Agency (EPA). In 1973, the EPA created regulations to implement the NPDES permitting requirements under the CWA and included a provision that exempted routine vessel discharges.
In 1999, Northwest Environmental Advocates (NWEA) petitioned the EPA to repeal the exemption of routine vessel discharges from NPDES permitting requirements contending that the exemption was inconsistent with the Clean Water Act. The primary goal of this petition was to force the EPA to regulate ballast water discharges. Ballast water is sea water that ships carry for stability and maneuverability during transit . There have been widespread concerns for years that improperly handled ballast water could spread invasive aquatic species. The NWEA petition to repeal the exemption was denied by the EPA prompting NWEA to file suit against the EPA. In September 2006, the U.S. District Court for Northern District of California found the EPA's regulation exempting routine vessel discharges from permitting requirements inconsistent with the Clean Water Act and directed the agency to develop an operational discharge permit for all vessels in the United States by September 30, 2008.
In an effort to extend the original EPA exemption for routine vessel discharges and make that exemption law, Representatives Gene Taylor (D-MS-4) and Candice Miller (R-MI-10) introduced the Recreational Boating Act of 2007 (H.R. 2550) on May 24, 2007. On September 18, 2007, Senator Mel Martinez (D-FL) introduced a companion bill, S. 2067, in the Senate. This legislation, if enacted, would exempt non-pollutant discharges such as bilge water, deck runoff, and engine cooling water from NPDES permitting requirements. The exemption would not affect laws that currently prevent garbage, sewage, oil or other pollutants from being discharged from a recreational vessel. H.R. 2550 is currently being considered by the House Subcommittee on Water Resources and Environment while its companion bill in the Senate, S. 2067, is being reviewed by the Senate Committee on Environmental and Public Works.
On September 27, 2008, Senator Bill Nelson (D-FL) introduced and later withdrew an amendment to the Ballast Water Management Act (S. 1578) during a meeting of the Senate Commerce Committee. The amendment would have exempted recreational vessels from NPDES permits. The Nelson amendment was withdrawn due to disagreement over its language, but Senator Barbara Boxer (D-CA), Chair of the Environment and Public Works Committee, vowed to work with Nelson and introduce an independent measure before an EPA permit program begins next year. Please be assured that I am committed to ensuring that recreational boaters can enjoy their activity without being subject to a permit program intended for ships carrying ballast water.
Thank you again for contacting me to share your thoughts on this matter. Finally, you may be interested in signing up for my weekly update for Washington state residents. Every Monday, I provide a brief outline about my work in the Senate and issues of importance to Washington State . If you are interested in subscribing to this update, please visit my website at
http://cantwell.senate.gov . Please do not hesitate to contact me in the future if I can be of further assistance.
Sincerely,
Maria Cantwell
United States Senator
For future correspondence with my office, please visit my website at
http://cantwell.senate.gov/contact/index.html