Transcript Boat Sewage Disposal Rule Stakeholder Meeting November 16, 2009 1:00 PM

Boat Sewage Disposal Rule
Stakeholder Meeting
November 16, 2009
1:00 PM
TCEQ Campus
12100 Park 35 Circle
Building A, Room 202
Austin, Texas
Meeting Goals

Share information about the proposed
rule:
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
Rulemaking Timeline
Background
Scope of rulemaking
Points for discussion
Open Discussion
Rulemaking Timeline
December 1, 2009
Comments from Stakeholder Meeting Due
April 28, 2010
Rule proposed at Commission Agenda
May 14, 2010*
Proposed rule published in Texas Register
June 8, 2010
Public Hearing
June 14, 2010*
Comment period end date
October 6, 2010*
Adoption of rule at Commission Agenda
October 28, 2010*
Rule effective date
*tentative dates
Overview of the Current Rule
30 Texas Administrative Code
Chapter 321, Subchapter A,
Boat Sewage Disposal
30 TAC Ch. 321, Subchapter A

Requirements related to marine sanitation
devices (MSD) and pump-out facilities

Requirements pertaining to the discharge
of treated and untreated sewage from
MSDs into waters in the state
30 TAC Ch. 321, Subchapter A

Identifies which boats must have MSDs installed

Contains specifications for MSDs and pump-out
facilities

Requires certification of MSDs and pump-out
facilities, including fees, and renewal of
certification

Contains disposal methods for contents of
holding tanks and pump-out facilities
30 TAC Ch. 321, Subchapter A
 30 TAC Ch. 321.2(b) – The discharge of sewage
which has not been treated in accordance with
federal standards from a boat into waters in the
state is prohibited.
 30 TAC Ch. 321.2(c) - No person may discharge
sewage, treated or untreated, from a boat into or
adjacent to any designated lake.
30 TAC Ch. 321.2(a)
Designated Lakes
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Lake Austin
Lake Bridgeport
Lake Brownwood
Lake Cedar Creek
Lake Conroe
Eagle Mountain Lake
Lake Granbury
Lake Grapevine
Lake Houston
Lake Lewisville
Lake Livingston
Lake Lyndon B. Johnson
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Lake Meredith
Lake Palestine
Lake Possum Kingdom
Lake Ray Hubbard
Lake Sam Rayburn
Lake Somerville
Lake Tawakoni
Lake Texoma
Lake Toledo Bend
Lake Travis
Lake Waco
Lake Whitney
Clear Lake
Why Rulemaking?
To implement changes as set forth
in Senate Bill 2445
Senate Bill 2445

Passed during the 81st Legislative Session
o
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Sponsored by Representative Tracy King
Authored by Senator Carlos Uresti

Effective September 1, 2009

Amended Texas Water Code §§ 26.044 and
26.045 and Texas Parks and Wildlife Code
31.129
§
Senate Bill 2445
Added new definition for surface water in the state
“All lakes, bays, ponds, impounding reservoirs, springs,
rivers, streams, creeks, estuaries, marshes, inlets,
canals, the Gulf of Mexico out to three nautical miles into
the Gulf, and all other bodies of surface water, natural or
artificial, inland or coastal, fresh or salt, navigable or
nonnavigable, and including the bed and banks of all
watercourses and bodies of surface water, that are
wholly or partially inside or bordering the state or inside
the jurisdiction of the state, except waters beyond three
nautical miles of any shore in the state.”
Senate Bill 2445
Redefined the term boat
“Any vessel or other watercraft, whether moved by oars,
paddles, sails, or other power mechanism, inboard or
outboard, or any other vessel or structure floating on
surface water in the state, whether or not capable of
self-locomotion, including but not limited to cabin
cruisers, houseboats, barges, marinas, and similar
floating objects. The term does not include a vessel
subject to inspection under 46 U.S.C. Section 3301.”
Vessels Subject to Inspection Under
46 U.S.C. Section 3301
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
freight vessels
nautical school vessels
offshore supply vessels
passenger vessels
sailing school vessels
seagoing barges
seagoing motor vessels
small passenger vessels
(9)
steam vessels
(10)
tank vessels
(11)
fish processing vessels
(12)
fish tender vessels
(13)
Great Lakes barges
(14)
oil spill response
vessels
(15)
towing vessels
Senate Bill 2445

New definition for boat pump-out station
“Any private or public shoreside, mobile, or floating
installation either independent of or in addition to an
organized waste collection, treatment, and disposal
system used to receive boat sewage.”

New definition for shoreside, mobile or floating
installation
“Marinas and other installations servicing boats on
surface water in the state.”
Senate Bill 2445

Renewal of certifications for pump-out stations
changed from annual to biennial.

The current boat pump-out certifications expire
on December 31, 2009.

The TCEQ will begin issuing certifications on a
biennial renewal schedule this year. These
certifications will expire on December 31, 2011.
Scope of Rulemaking

Revise definition of boat

Add definitions for:

o
surface water in the state
o
boat pump-out station
o
shoreside, mobile, or floating installation
Change the frequency for renewal of pump-out
station certifications from annual to biennial (fee
amount remains the same)
Why Rulemaking?
To revise other areas of the current
rule to be consistent with federal
regulations
Federal No Discharge Zones
EPA regulations include waterbodies that are no
discharge zones (NDZ) by their geographical
nature:
“In freshwater lakes, freshwater reservoirs or other
freshwater impoundments whose inlets or outlets are such
as to prevent the ingress or egress by vessel traffic subject
to this regulation, or in rivers not capable of navigation by
interstate vessel traffic subject to this regulation, marine
sanitation devices...installed on all vessels shall be
designed and operated to prevent the overboard discharge
of sewage, treated or untreated, or of any waste derived
from sewage.”
Federal No Discharge Zones

For those waterbodies that meet the federal
definition based on their geographical nature,
states are not required to seek an NDZ
designation through EPA.

Other waterbodies, such as coastal waters and
estuaries, can be designated as a federal NDZ
through a petition process to EPA.
Scope of Rulemaking

All freshwater lakes, freshwater reservoirs or
other freshwater impoundments whose
inlets/outlets prevent the ingress/egress of
vessel traffic subject to the regulations will
become NDZs

All rivers that do not support interstate vessel
traffic will become NDZs

Clear Lake will remain an NDZ
Marine Sanitation Device
Specifications

Current TCEQ rules include specifications for
approved MSDs. However, federal laws regarding
MSDs preempts state regulation of the design,
manufacture, or installation or use of any MSD.

Exception - States may regulate the design,
manufacture, or installation or use of a MSD on a
houseboat, if the regulations are more stringent
than federal standards.
Types of Marine Sanitation
Devices
Sewage Treatment
Device
Vessel Length
Standard
Type I- Flow-through
device (maceration
and disinfection)
equal to or less
than 65 feet in
length
The effluent produced must not have a
fecal coliform bacteria count greater
than 1000 per 100 milliliters and have no
visible floating solids.
Type II- Flow-through greater than 65
device (maceration
feet in length
and disinfection)
The effluent produced must not have a
fecal coliform bacteria count greater
than 200 per 100 milliliters and
suspended solids not greater than 150
milligrams per liter.
Type III- Holding tank any length
This MSD is designed to prevent the
overboard discharge of treated or
untreated sewage.
Information from EPA website:
http://www.epa.gov/owow/oceans/regulatory/vessel_sewage/vsdmsd.html
Specifications for Approved
MSDs
When operating a vessel on a federal NDZ,
the operator must secure each Type I or Type
II MSD in a manner that prevents discharge
of treated or untreated sewage
Methods for Securing
Type I & Type II MSDs
1)
Closing the seacock and removing the handle;
2)
Padlocking the seacock in the closed position;
3)
Using a non-releasable wire-tie to hold the
seacock in the closed position; or
4)
Locking the door to the space enclosing the toilets
with a padlock or door handle key lock.
Scope of Rulemaking

Remove specifications of MSDs for all boats
except houseboats, by adopting U.S. Coast
Guard regulations by reference.

Specifications for pump-out facilities will
remain the same.
Other Revisions

Redefine houseboat. Current definition:
“Any boat fitted for use as a dwelling or for
leisurely cruising, including any barge.”

Defined in 33 U.S.C. § 1322:
“A vessel which, for a period of time
determined by the State in which the vessel is
located, is used primarily as a residence
and is not used primarily as a means of
transportation.”
Other Revisions
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Electronic Certification System

Mandatory or optional?

ePay system currently set up for this program
(fee payable online with credit card)

TCEQ would still mail out stickers to boat
owners and pump-out station owners
Boat Sewage Disposal Rule
Questions??
Discussion Points

Certification for MSDs on boats that are
located on coastal waters

To what types of boats in the coastal area
would the certification be applicable if the
requirement encompasses all state
waters?
Discussion Points

Should Type III MSDs continue to be
required on all houseboats? This would
extend the requirement to houseboats on all
freshwater lakes and reservoirs (not just the
current 25 designated waterbodies).

What type of financial impacts will result from
the rule changes?
Contact Information

Rule Team Project Manager:
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Lynley Doyen
512-239-1364
[email protected]
Rule Website:
http://www.tceq.state.tx.us/compliance/field_op
s/stakeholders/boatsewagedisposal.html