Permit Pandemonium

A permit proposal by the Environmental Protection Agency (EPA) could have a chilling effect on you–indeed, on any and every megayacht owner or crewmember who cruises U.S. waters as well as businesses in this nation that depend on megayachts for income. That is, unless Congress passes the Clean Boating Act bill, which has already received support from both sides of the political aisle.

For the past 35 years, recreational and commercial boats have been exempt from permits covering normal overboard water discharges–in legal terms, “discharges incidental to the normal operation of a vessel.” This includes deck washdown and runoff water. But a few years ago, a legal challenge to the exemption, stemming from the effects of damaging species carried in ballast-water discharge, resulted in a federal court ruling that routine discharges should be regulated.

As a result, effective September 30, the EPA will be required to enforce regulations. While it would seem logical to consider recreational boats and private yachts differently than commercial vessels, that is not the case under the permit proposal. In fact, all owners of all vessels measuring 79 feet and larger will be required to obtain a National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP). Unfortunately, it gets worse. Considering megayachts tote everything from WaveRunners to Whalers, owners will additionally be required to obtain an NPDES Recreational General Permit (RGP). This permit will cover discharges incidental to the normal operation of all boats measuring less than 79 feet, including personal watercraft and even kayaks.

I’ll pause for a moment to allow you to shake your head; I’ve been reading over the lengthy, often-confusing documentation for days, and it still boggles my mind.

Now, the federal government has appealed the decision, but there’s no guarantee that appeal will be ruled on prior to the September 30 enforcement date. So, what happens if it’s mid-October and you don’t have the required permits? Violations could lead not only to fines into the tens of thousands of dollars, but also to lawsuits brought by citizens who observe noncompliance. Adding to the mess, each state will be permitted to establish its own management practices–meaning you may have to obtain multiple permits if you leave, say, New York to head to Florida and stop in the Carolinas along the way.

There is hope, however. The EPA is holding a public hearing in Washington, D.C., on Monday, July 21 to receive comment and answer questions. If you’ll be around, I strongly encourage you to attend. If you can’t, then make a point of writing to the EPA prior to August 1, the last date that public comment will be accepted. You can do so online or via e-mail. Either way, mention it’s in reference to Docket ID No. EPA-HQ-OW-2008-0055 if you want to comment on the VGP, and mention Docket ID No. EPA-HQ-OW-2008-0056 if it’s for the RGP.

When submitting comments, it’s crucial to:

1. explain why you disagree, then suggest alternatives and even language to reflect those requested changes
2. provide any technical information or data to back up your statements
3. provide specific examples to illustrate your concerns.

While you’re at it, contact your Congressmen or Congresswomen and urge them to pass the Clean Boating Act: the Senate version is S. 2766, and the House version is H.R. 5949. This would extend the 35-year exemption to the discharge rules. Thankfully, House and Senate committees have already unanimously voted to approve the bill, so urge your representatives to schedule it for a full Congressional vote ASAP. For tips on talking points as well as a fill-in form that can be sent directly to your representatives as well as President George W. Bush and your governor, click here.

Like I wrote last week, we Americans sometimes take it for granted that it’s our right to voice our opinions loud and proud to our politicians. Here’s one case where we shouldn’t take that right lightly–nor shrug our shoulders in assumption that our voice doesn’t matter. The same holds true for those of you who aren’t U.S. citizens yet enjoy cruising here or making your livelihood here: Your opinion matters.

In fact, voice your opinion here, too. Even though I’ve already contacted my Congressmen, I’m planning to send them a copy of this story, too, along with all comments, to further emphasize the importance of immediate action.