Recreational boaters and small commercial vessels exempt from CWA permits for certain discharges

Since 1973 EPA has exempt recreational boaters from NPDES permits.  However, Northwest Environmental Advocates v. EPA, 2006 U.S. Dist. LEXIS 69476 (N.D. Cal. 2006), held that the exemption contained in 40 C.F.R. Section 122.3(a) was invalid, and ordered EPA to develop permits for all boats.

In July, both the House and Senate unanimously passed and President Bush has signed S. 2766 and S. 3298.  S. 2766 exempts recreational craft from the permit system.  However, incidental discharges have to be managed per standards designed by EPA and the Coast Guard.  Boaters would continue to be barred from dumping garbage, raw sewage, plastics, oil, and fuel.  S. 3298 creates a two-year moritorium for commercial fishing boats and other small commercial vessels.  Within 15 months, EPA would be required to determine the types, volumes, and effects of discharges from these vessels, and to recommend whether a permanent exemption is warranted. 

The text of S. 2766 is available at http://www.govtrack.us/congress/billtext.xpd?bill=s110-2766.  The text of S. 3298 is available at http://www.govtrack.us/congress/billtext.xpd?bill=s110-3298.