New England Marine Trades Association
20 Plains Road
Essex, CT 06475
December 14, 2007
Robert W. Varney
Regional Administrator
US Environmental Protection Agency
Region 1
One Congress Street, Suite 1100
Boston, MA 02114
Re: Marina Environmental Compliance
Dear Mr. Varney:
In response to EPA’s recent enforcement initiative at marinas in New England, please be assured that the marina and boatyard industry is responding as rapidly as possible to assess and improve its environmental compliance. At the same time, the Marine Trades Associations in each state in New England are attempting to make their respective members aware of the seriousness of this initiative and provide them with the tools that they require to properly address these issues. EPA has gotten the industry’s attention.
Although we do not have an accurate accounting of the number of marinas and boatyards that have fully assessed their environmental compliance, taken corrective action and implemented environmental management systems, we do know that a significant number of marinas have completed this work. We are also aware that several of these marinas have achieved, or are within (literally) weeks of achieving, Clean Marina status as a result of this effort. We are aware of dozens (if not more) of others that are in the process of doing so.
Also, in response to EPA’s recent determination that boat bottom wash water must be collected and properly managed, please be advised that a substantial number of marina owners throughout New England have spent the past six months actively evaluating the available alternatives. To date we are aware that systems in Maryland, Connecticut, Massachusetts and California have been inspected and evaluated. In addition, vendors of the available systems, and licensed disposal facilities have been contacted. Pilot studies and sampling and analysis of the wash water have been and continue to be performed. It is our intention to share this information with our membership.
All of the state Marine Trade Associations within EPA Region One have now formed a group with the goal of effectively and efficiently compiling, evaluating and disseminating information about these
Marina Environmental Compliance, con’t:
environmental compliance issues to marinas and boatyards throughout New England, many of whom are very small businesses. Another goal of this group is to provide a single point of contact with EPA to keep you apprised of our ongoing efforts and to work with EPA on the resolution of issues specific to our industry, as they may arise. The current plan is for representatives of each State’s Trade Association to establish a workshop and training/informational seminar schedule to give members a plan for implementing the steps necessary to come into compliance. The first of the planning sessions is set for January 9, 2007 at the Newton Holiday Inn.
We fully recognize that it is the responsibility of our industry to understand and comply with the environmental laws and regulations that may affect it. However, as we develop training seminars and begin disseminating information, it is critically important that we convey accurate information to our members. We ask for your staff’s cooperation in assisting us in achieving this goal. In those cases where a State has been delegated authority to administer a federal program, we will also seek assistance from that State.
Examples of the type of industry specific assistance that we seek from EPA include:
RCRA Questions:
1)
Marinas are in the unique situation of having their customers perform work on their own boats on marina property. These activities generate wastes that are left at the marina. We have received guidance in the past that wastes generated by private boat owners are considered household hazardous waste and are excluded from regulation under RCRA. However, we have also been advised that once the waste enters a marina’s dumpster, the waste is subject to the hazardous waste regulations. This is a significant problem for marinas because our facilities are normally not staffed full time making policing of our customer’s actions virtually impossible. We need a definitive answer as to how these wastes must be managed so that a plan can be developed and disseminated to our customers.
2)
Many maintenance processes performed at marinas are virtually identical. For example, the bottom paints used by the marinas are supplied by a limited number of manufacturers and the application of those paints is the same. Therefore, we expect several waste streams to be classified identically. As individual waste streams are analyzed to confirm the classification of some of these waste streams, we expect to build a database which will confirm the homogeneity of the specific waste streams for classification purposes. We believe that at some point enough data will be collected to support the use of industry wide generator knowledge and would like EPA’s input on a Waste Analysis Plan that would substantiate the use of generator knowledge for some of these waste streams in the future.
Marina Environmental Compliance, con’t:
CWA Question:
3)
The investment in wash water treatment and recirculation systems will be a substantial investment for any marina. Before that investment is made we need clear and consistent guidance from EPA and our State environmental agencies to ensure that those systems will meet all applicable regulations, now and in the foreseeable future. One of the many concerns we have is the level of treatment that will be required in a wash water recycling system before the water can be reused. Another concern is that the levels of contaminates that can be discharged to a sanitary sewer system may change in the foreseeable future. If EPA or our State environmental agencies are aware of pending changes we need to understand them before significant investments are made for these systems.
There are many other nuance and smaller issues that would be resolved to better insure compliance in marinas which we hope will be ironed out thru the process. We look forward to your continued support and to a better and stronger relationship as we move forward.
Best wishes during the holiday season.
Grant W. Westerson, Chairman
860-388-8899
