U.S. Rep. Steven C. LaTourette (R-OH) today received a firm commitment from the chairman of the House Committee of Transportation and Infrastructure that he will bring legislation to the Floor as soon as possible to address a looming crisis that pits a court ruling against millions of recreational boaters.

 For more than 30 years, the Environmental Protection Agency (EPA) has exempted recreational boats from provisions of the Clean Water Act that pertain to incidental discharges of water, such as water that sloshes over a boat deck, bilge or engine cooling water.  A federal court in 2006 ruled that Congress has effectively misinterpreted the Clean Water Act for more than three decades and ordered the EPA to come up with a permitting system for recreational boats by September 30, 2008.

 “If you thought getting a passport last summer was a nightmare, just wait until the federal government tries to issue more than 13 million boating permits by the end of September,” LaTourette said.  “There will be mutiny on high seas, low seas, inland lakes and everything in between.”

 During consideration of a Coast Guard bill today, LaTourette secured a promise from Chairman James Oberstar (D-MN) that if LaTourette introduces a bill to address the problem that he will move it through the Transportation committee and to the House Floor “as promptly as the House legislative schedule will permit.”  LaTourette said he will work with Rep. Candice Miller (R-MI) to introduce legislation.

 LaTourette said legislation is needed because the court order mandates that National Pollutant Discharge Elimination System permits for recreational boats be ready by the end of September.  He said the EPA appealed the September 2006 ruling, but an appellate court has yet to rule.  He said in about four months, almost every recreational boater could need a permit, but no permits are available, no one knows how much they will cost or where they will be available. Some believe the permits could range from hundreds of dollars to as much as $1,500 each, and boaters would need to obtain a new permit each year.

 “Do you need a permit if you wash your boat, if rain gets in your boat or if you dump ice from the cooler?  This is ridiculous,” LaTourette said, adding that the discharge of oil, sewage, hazardous pollutants and garbage is illegal for all boats.

  LaTourette said failure to obtain a permit and abide by the court’s new interpretation of the Clean Water Act could result in fines of up to $32,500 a day, per boater.

 The court case stems from a lawsuit brought by several West Coast environmental groups over a Clean Water Act exemption for the shipping industry.  The group was concerned about the spread of invasive species, such as zebra mussels, when large ships dump ballast water.  Invasive species often hitch a ride in the ballasts of large vessels, and were introduced into the Great Lakes and other waterways this way.

  LaTourette, who chaired the House Great Lakes Task Force for more than a decade and authored the reauthorization of the National Invasive Species Act with Sen. John Glenn, said the federal judge was correct that invasive species are an environmental and economic menace.  He said her ruling, however, smacks of “killing a gnat with a sledgehammer.”

 “The court erred in thinking that Joe Six pack who spends his weekend fishing for walleye is the culprit in the spread of invasive species,” LaTourette said.  “Congress never intended for the weekend boater to need a pollutant permit, and there is no science that says invasive species were introduced into the Great Lakes or inland waters by hitching a ride on a Boston Whaler or your neighbor’s pontoon boat.”

 LaTourette said he is not optimistic that the 9th District Court of Appeals will overturn the lower court’s ruling, or rule in a timely manner.

 “This matter is now in the hands of a court that ruled the words “Under God” in the Pledge of Allegiance unconstitutional,” LaTourette said.  “Want to hedge your bets that they’ll issue a reasoned, logical ruling?”

 The Coast Guard Authorization Act of 2007, H.R. 2830, passed today by a vote of 395 to 7.