Boat Sewage Disposal RuleBoat Sewage Disposal RuleStakeholder MeetingStakeholder Meeting

November 16, 2009

1:00 PMTCEQ Campus

12100 Park 35 CircleBuilding A, Room 202

Austin, Texas

Meeting GoalsMeeting Goals

Share information about the proposed Share information about the proposed rule:rule:o Rulemaking Timeline Rulemaking Timeline o BackgroundBackgroundo Scope of rulemakingScope of rulemakingo Points for discussionPoints for discussion

Open DiscussionOpen Discussion

Rulemaking TimelineRulemaking Timeline

December 1, 2009December 1, 2009 Comments from Stakeholder Meeting DueComments from Stakeholder Meeting Due

April 28, 2010April 28, 2010 Rule proposed at Commission AgendaRule proposed at Commission Agenda

May 14, 2010*May 14, 2010* Proposed rule published in Texas RegisterProposed rule published in Texas Register

June 8, 2010June 8, 2010 Public HearingPublic Hearing

June 14, 2010*June 14, 2010* Comment period end dateComment period end date

October 6, 2010*October 6, 2010* Adoption of rule at Commission AgendaAdoption of rule at Commission Agenda

October 28, 2010*October 28, 2010* Rule effective dateRule effective date

*tentative dates*tentative dates

Overview of the Current RuleOverview of the Current Rule

30 Texas Administrative Code 30 Texas Administrative Code Chapter 321, Subchapter A,Chapter 321, Subchapter A,

Boat Sewage DisposalBoat Sewage Disposal

30 TAC Ch. 321, Subchapter A30 TAC Ch. 321, Subchapter A

Requirements related to marine sanitation Requirements related to marine sanitation devices (MSD) and pump-out facilitiesdevices (MSD) and pump-out facilities

Requirements pertaining to the discharge Requirements pertaining to the discharge of treated and untreated sewage from of treated and untreated sewage from MSDs into waters in the stateMSDs into waters in the state

30 TAC Ch. 321, Subchapter A30 TAC Ch. 321, Subchapter A

Identifies which boats must have MSDs installedIdentifies which boats must have MSDs installed

Contains specifications for MSDs and pump-out Contains specifications for MSDs and pump-out facilitiesfacilities

Requires certification of MSDs and pump-out Requires certification of MSDs and pump-out facilities, including fees, and renewal of facilities, including fees, and renewal of certificationcertification

Contains disposal methods for contents of Contains disposal methods for contents of holding tanks and pump-out facilitiesholding tanks and pump-out facilities

30 TAC Ch. 321, Subchapter A30 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)30 TAC Ch. 321.2(a)Designated LakesDesignated Lakes

(1)(1) Lake Austin Lake Austin (2)(2) Lake BridgeportLake Bridgeport(3)(3) Lake BrownwoodLake Brownwood(4)(4) Lake Cedar CreekLake Cedar Creek(5)(5) Lake ConroeLake Conroe(6)(6) Eagle Mountain LakeEagle Mountain Lake(7)(7) Lake GranburyLake Granbury(8)(8) Lake GrapevineLake Grapevine(9)(9) Lake HoustonLake Houston(10)(10) Lake LewisvilleLake Lewisville(11)(11) Lake LivingstonLake Livingston(12)(12) Lake Lyndon B. Johnson Lake Lyndon B. Johnson

(13)(13) Lake MeredithLake Meredith(14)(14) Lake PalestineLake Palestine(15)(15) Lake Possum KingdomLake Possum Kingdom(16)(16) Lake Ray HubbardLake Ray Hubbard(17)(17) Lake Sam RayburnLake Sam Rayburn(18)(18) Lake SomervilleLake Somerville(19)(19) Lake TawakoniLake Tawakoni(20)(20) Lake TexomaLake Texoma(21)(21) Lake Toledo BendLake Toledo Bend(22)(22) Lake TravisLake Travis(23)(23) Lake WacoLake Waco(24)(24) Lake WhitneyLake Whitney(25)(25) Clear LakeClear Lake

Why Rulemaking?Why Rulemaking?

To implement changes as set forth To implement changes as set forth in Senate Bill 2445in Senate Bill 2445

Senate Bill 2445Senate Bill 2445

Passed during the 81Passed during the 81stst Legislative Session Legislative Session o Sponsored by Representative Tracy KingSponsored by Representative Tracy Kingo Authored by Senator Carlos UrestiAuthored by Senator Carlos Uresti

Effective September 1, 2009Effective September 1, 2009

Amended Texas Water Code Amended Texas Water Code §§ 26.044 and §§ 26.044 and 26.045 and Texas Parks and Wildlife Code 26.045 and Texas Parks and Wildlife Code § 31.129§ 31.129

Senate Bill 2445Senate Bill 2445

Added new definition for Added new definition for surface water in the statesurface water in the state

““All lakes, bays, ponds, impounding reservoirs, springs, All lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico canals, the Gulf of Mexico out to three nautical miles into out to three nautical miles into the Gulfthe Gulf, and all other bodies of surface water, natural or , and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the bed and banks of all nonnavigable, and including the bed and banks of all watercourses and bodies of surface water, that are watercourses and bodies of surface water, that are wholly or partially inside or bordering the state or inside wholly or partially inside or bordering the state or inside the jurisdiction of the state, the jurisdiction of the state, except waters beyond three except waters beyond three nautical miles of any shore in the statenautical miles of any shore in the state.”.”

Senate Bill 2445Senate 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 Vessels Subject to Inspection Under 46 U.S.C. Section 330146 U.S.C. Section 3301

(1)(1) freight vesselsfreight vessels

(2)(2) nautical school vesselsnautical school vessels

(3)(3) offshore supply vesselsoffshore supply vessels

(4)(4) passenger vesselspassenger vessels

(5)(5) sailing school vesselssailing school vessels

(6)(6) seagoing bargesseagoing barges

(7)(7) seagoing motor vesselsseagoing motor vessels

(8)(8) small passenger vesselssmall passenger vessels

(9)(9) steam vesselssteam vessels

(10)(10) tank vesselstank vessels

(11)(11) fish processing vesselsfish processing vessels

(12)(12) fish tender vesselsfish tender vessels

(13)(13) Great Lakes bargesGreat Lakes barges

(14)(14) oil spill response oil spill response vesselsvessels

(15)(15) towing vesselstowing vessels

Senate Bill 2445Senate Bill 2445

New definition for New definition for boat pump-out stationboat pump-out station““Any private or public shoreside, mobile, or floating Any private or public shoreside, mobile, or floating installation either independent of or in addition to an installation either independent of or in addition to an organized waste collection, treatment, and disposal organized waste collection, treatment, and disposal system used to receive boat sewage.”system used to receive boat sewage.”

New definition for New definition for shoreside, mobile or floating shoreside, mobile or floating installationinstallation

““Marinas and other installations servicing boats on Marinas and other installations servicing boats on surface water in the state.”surface water in the state.”

Senate Bill 2445Senate Bill 2445

Renewal of certifications for pump-out stations Renewal of certifications for pump-out stations changed from annual to biennial. changed from annual to biennial.

The current boat pump-out certifications expire The current boat pump-out certifications expire on December 31, 2009. on December 31, 2009.

The TCEQ will begin issuing certifications on a The TCEQ will begin issuing certifications on a biennial renewal schedule this year. These biennial renewal schedule this year. These certifications will expire on December 31, 2011.certifications will expire on December 31, 2011.

Scope of RulemakingScope of Rulemaking

Revise definition of Revise definition of boatboat

Add definitions for:Add definitions for:o surface water in the statesurface water in the state

o boat pump-out stationboat pump-out station

o shoreside, mobile, or floating installationshoreside, mobile, or floating installation

Change the frequency for renewal of pump-out Change the frequency for renewal of pump-out station certifications from annual to biennial (fee station certifications from annual to biennial (fee amount remains the same)amount remains the same)

Why Rulemaking?Why Rulemaking?

To revise other areas of the current To revise other areas of the current rule to be consistent with federal rule to be consistent with federal

regulationsregulations

Federal No Discharge ZonesFederal No Discharge Zones

EPA regulations include waterbodies that are no EPA regulations include waterbodies that are no discharge zones (NDZ) by their geographical discharge zones (NDZ) by their geographical nature:nature:

““In freshwater lakes, freshwater reservoirs or other In freshwater lakes, freshwater reservoirs or other freshwater impoundments freshwater impoundments whose inlets or outlets are such whose inlets or outlets are such as to prevent the ingress or egress by vessel trafficas to prevent the ingress or egress by vessel traffic subject subject to this regulation, or in rivers not capable of navigation by to this regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine interstate vessel traffic subject to this regulation, marine sanitation devices...installed on all vessels shall be sanitation devices...installed on all vessels shall be designed and operated to prevent the overboard discharge designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived of sewage, treated or untreated, or of any waste derived from sewage.”from sewage.”

Federal No Discharge ZonesFederal No Discharge Zones

For those waterbodies that meet the federal For those waterbodies that meet the federal definition based on their geographical nature, definition based on their geographical nature, states are not required to seek an NDZ states are not required to seek an NDZ designation through EPA.designation through EPA.

Other waterbodies, such as coastal waters and Other waterbodies, such as coastal waters and estuaries, can be designated as a federal NDZ estuaries, can be designated as a federal NDZ through a petition process to EPA.through a petition process to EPA.

Scope of RulemakingScope of Rulemaking

All freshwater lakes, freshwater reservoirs or All freshwater lakes, freshwater reservoirs or other freshwater impoundments whose other freshwater impoundments whose inlets/outlets prevent the ingress/egress of inlets/outlets prevent the ingress/egress of vessel traffic subject to the regulations will vessel traffic subject to the regulations will become NDZsbecome NDZs

All rivers that do not support interstate vessel All rivers that do not support interstate vessel traffic will become NDZstraffic will become NDZs

Clear Lake will remain an NDZClear Lake will remain an NDZ

Marine Sanitation Device Marine Sanitation Device SpecificationsSpecifications

Current TCEQ rules include specifications for Current TCEQ rules include specifications for approved MSDs. However, federal laws regarding approved MSDs. However, federal laws regarding MSDs preempts state regulation of the design, MSDs preempts state regulation of the design, manufacture, or installation or use of any MSD.manufacture, or installation or use of any MSD.

Exception - States may regulate the design, Exception - States may regulate the design, manufacture, or installation or use of a MSD on a manufacture, or installation or use of a MSD on a houseboat, if the regulations are more stringent houseboat, if the regulations are more stringent than federal standards.than federal standards.

Types of Marine Sanitation Types of Marine Sanitation DevicesDevices

Sewage Treatment Sewage Treatment DeviceDevice Vessel LengthVessel Length StandardStandard

Type I- Flow-through Type I- Flow-through device (maceration device (maceration and disinfection)and disinfection)

equal to or less equal to or less than 65 feet in than 65 feet in lengthlength

The effluent produced must not have a The effluent produced must not have a fecal coliform bacteria count greater fecal coliform bacteria count greater than 1000 per 100 milliliters and have no than 1000 per 100 milliliters and have no visible floating solids.visible floating solids.

Type II- Flow-through Type II- Flow-through device (maceration device (maceration and disinfection) and disinfection)

greater than 65 greater than 65 feet in lengthfeet in length

The effluent produced must not have a The effluent produced must not have a fecal coliform bacteria count greater fecal coliform bacteria count greater than 200 per 100 milliliters and than 200 per 100 milliliters and suspended solids not greater than 150 suspended solids not greater than 150 milligrams per liter.milligrams per liter.

Type III- Holding tankType III- Holding tank any lengthany length This MSD is designed to prevent the This MSD is designed to prevent the overboard discharge of treated or overboard discharge of treated or untreated sewage.untreated sewage.

Information from EPA website: Information from EPA website: http://www.epa.gov/owow/oceans/regulatory/vessel_sewage/vsdmsd.htmlhttp://www.epa.gov/owow/oceans/regulatory/vessel_sewage/vsdmsd.html

Specifications for Approved Specifications for Approved MSDsMSDs

When operating a vessel on a federal NDZ, When operating a vessel on a federal NDZ, the operator must secure each Type I or the operator must secure each Type I or Type II MSD in a manner that prevents Type II MSD in a manner that prevents discharge of treated or untreated sewagedischarge of treated or untreated sewage

Methods for Securing Methods for Securing Type I & Type II MSDsType I & Type II MSDs

1)1) Closing the seacock and removing the handle;Closing the seacock and removing the handle;

2)2) Padlocking the seacock in the closed position;Padlocking the seacock in the closed position;

3)3) Using a non-releasable wire-tie to hold the Using a non-releasable wire-tie to hold the seacock in the closed position; orseacock in the closed position; or

4)4) Locking the door to the space enclosing the toilets Locking the door to the space enclosing the toilets with a padlock or door handle key lock.with a padlock or door handle key lock.

Scope of RulemakingScope of Rulemaking

Remove specifications of MSDs for all boats Remove specifications of MSDs for all boats except houseboats, by adopting U.S. Coast except houseboats, by adopting U.S. Coast Guard regulations by reference. Guard regulations by reference.

Specifications for pump-out facilities will Specifications for pump-out facilities will remain the same.remain the same.

Other RevisionsOther Revisions

Redefine houseboat. Current definition:Redefine houseboat. Current definition:

““Any boat fitted for use as a dwelling or for Any boat fitted for use as a dwelling or for leisurely cruising, including any barge.”leisurely cruising, including any barge.”

Defined in 33 U.S.C. § 1322:Defined in 33 U.S.C. § 1322:

““A vessel which, for a period of time A vessel which, for a period of time determined by the State in which the vessel is determined by the State in which the vessel is located, located, is used primarily as a residence is used primarily as a residence and is not used and is not used primarily as a means of primarily as a means of transportation.transportation.””

Other RevisionsOther Revisions

Electronic Certification SystemElectronic Certification System Mandatory or optional?Mandatory or optional?

ePay system currently set up for this program ePay system currently set up for this program (fee payable online with credit card)(fee payable online with credit card)

TCEQ would still mail out stickers to boat TCEQ would still mail out stickers to boat owners and pump-out station ownersowners and pump-out station owners

Boat Sewage Disposal RuleBoat Sewage Disposal Rule

Questions??

Discussion PointsDiscussion Points

Certification for MSDs on boats that are Certification for MSDs on boats that are located on coastal waterslocated on coastal waters

To what types of boats in the coastal area To what types of boats in the coastal area would the certification be applicable if the would the certification be applicable if the requirement encompasses all state requirement encompasses all state waters?waters?

Discussion PointsDiscussion Points

Should Type III MSDs continue to be Should Type III MSDs continue to be required on all houseboats? This would required on all houseboats? This would extend the requirement to houseboats on all extend the requirement to houseboats on all freshwater lakes and reservoirs (not just the freshwater lakes and reservoirs (not just the current 25 designated waterbodies). current 25 designated waterbodies).

What type of financial impacts will result from What type of financial impacts will result from the rule changes?the rule changes?

Contact InformationContact Information

Rule Team Project Manager:Rule Team Project Manager: Lynley DoyenLynley Doyen 512-239-1364512-239-1364 ldoyen@tceq.state.tx.usldoyen@tceq.state.tx.us

Rule Website: Rule Website: http://www.tceq.state.tx.us/compliance/field_ophttp://www.tceq.state.tx.us/compliance/field_ops/stakeholders/boatsewagedisposal.htmls/stakeholders/boatsewagedisposal.html