2006 court decision leads to new regulations

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2006 court decision leads to new regulations

Post by Outspoken on Wed Jul 23, 2008 6:16 am

2006 court decision leads to new regulations for cleaning recreational vessels
BY JOHN RICHARDSON
Blethen Maine Newspapers

Thousands of Maine pleasure boaters, from kayakers to sailors to power boaters, could soon face new federal permitting rules intended to keep pollution out lakes, rivers and the ocean.

The U.S. Environmental Protection Agency, driven by a controversial 2006 California court decision, is preparing to impose the rules on more than 13 million recreational boaters by the end of September. Unless the courts or Congress step in, each boater would effectively be assigned a Clean Water Act discharge permit that forbids such activities as washing a moored boat with soap that contains phosphates, dropping trash such as food waste or cigarette butts overboard or launching a small outboard without inspecting and cleaning its hull.

While it's unclear how the agency would enforce the rules, the prospect of a new layer of regulations and federal fines has riled up members of recreational boating community and industry in Maine and across the country.

Many of the targeted activities are already regulated and are far from the biggest threats to the ocean, they say.

"This court has forced EPA to spend valuable time, when they could have been working on real issues (instead of writing) some permit that they don't have a snowball's chance in hell of enforcing," said Susan Swanton of the Maine Marine Trade Association, a group representing marinas.

Several boaters in Portland Tuesday said they had not heard about the regulations and had varying reactions. But they will grow concerned when they learn about the new rules, industry representatives said.

"I don't see any damage from washing boats," said Phineas Sprague, owner of Portland Yacht Services. "The only way you're going to get zero impact is to not be there at all.... It's gone beyond rational."

EPA officials say the agency is not pleased to be going through the process either. But they say the agency has proposed standards that will promote cleaner boating behavior without being too much of a hardship for boaters.

"This particular rule was forced by a court action," said Dale Kemery, a spokesman for the EPA. "There's a lot of misunderstanding about how this might affect small-boat owners."

http://morningsentinel.mainetoday.com/news/local/5256239.html
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