here's the answer Sen Dustbin....
It is informative
Dear Mr. Meyer:
Thank you for contacting me with your concerns about proposed regulatory changes that may impact recreational boating. I appreciate hearing from you.
In September 2006, a California District Court ruled that boats were subject to regulation for the incidental discharge of pollutants under Section 404 of the Clean Water Act. Under Section 404, the U.S. Environmental Protection Agency (EPA) operates a system of discharge permits known as the National Pollutant Discharge Elimination System (NPDES). In the past, the EPA applied NPDES regulations to land-based sources of water pollution, such as sewage treatment plants and industrial facilities, but exempted commercial and recreational vessels from the permit process.
The suit that led to the ruling dealt specifically with the discharge of ballast water by commercial ships. Commercial vessels often take on significant amounts of water for the purpose of maintaining stability. This ballast water, which is pumped out of the ship during its voyage or at its destination, can contain exotic species that drive out native wildlife and upset the natural balance of a local ecosystem. The EPA estimates that 30 percent of invasive species have been introduced in the Great Lakes through ballast water. For example, the release of ballast water is thought to be responsible for the local invasion of zebra mussels.
The court's ruling extended NPDES regulations more broadly to all vessels and any incidental discharge of pollutants. The EPA has expressed concern over the court's decision, citing serious obstacles to monitoring and enforcing these newly applied regulations. One potential problem raised by the agency is that NPDES permit requirements differ from state to state. Many boaters travel in waters off the coasts of multiple states and would be forced to apply for multiple discharge permits.
We should address the issue of ballast water and the introduction of aquatic invasive species. Any new regulations, however, should seek to avoid any unfair or unnecessary burdens on recreational boaters.
The Clean Boating Act of 2008 (S. 2766) would exempt recreational vessels, including charter boats, from the requirements of the NPDES permit process. In addition, the measure lays out a three-year framework to determine if discharge management practices should be required of recreational boats.
The Clean Boating Act has been referred to the Senate Environment and Public Works Committee. I am not a member of this committee, but I will keep your support for S. 2766 in mind in case the bill is brought to the Senate floor for a vote.
Thank you again for contacting me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
