24 JULY 2019 • FOGHORN LEGISLATIVEREPORT Fast Page Loads Streamlined Checkout Multiple Account Sign-Ons Improved Search Quick Order Easy Invoice Look-up Requisition Lists • Over 135,000 products for your business • 28 regional distribution centers • Same-day van delivery • 250+ stores • The most-knowledgeable and seasoned sales representatives in the industry Your 24/7 destination that’s packed with the features you need to get the most out of your time and money. westmarinepro.com All backed by the power of West Marine Pro. 1-800-621-6885 or visit westmarinepro.com. Increased Inventory Availability The new HALO24 packs proven Halo™ radar performance into a compact 24-inch dome. Avoid collisions with VelocityTrack™ technology to highlight approaching hazards, plus industry-leading 60 RPM rotation for an almost real-time view and with instant availability from standby – HALO24 is our safest dome radar yet. SIMRAD-YACHTING.COM The new HALO24 packs proven Halo™ radar performance into a compact 24-inch dome. Avoid collisions with VelocityTrack™ technology to highlight approaching hazards, plus industry-leading 60 RPM rotation for an almost real-time view and with instant availability from standby Rediscover Radar Our Safest Radar Yet discharge of treated sewage effluent from vessels, section 312(f) of the law also allows states to establish No Discharge Zones, but only pursuant to criteria set out in three separate subsec- tions. Most of the NDZs established thus far (with the notable exception of California, discussed below) have been based on section 312(f)(3) of the Clean Water Act. Section 312(f)(3) enables a state to petition EPA to certify that, “adequate facilities for the safe and sanitary removal and treatment of sewage from all [emphasis added] vessels are rea- sonably available for such water to which the prohibition would apply.” This means that the petitioning state must demonstrate that there are facili- ties (for example, dockside pump-out stations or adequate numbers of tanker trucks or barges) for both rec- reational and commercial vessels. It is not enough to show, for example, that there are adequate reception facilities for recreational craft; there also must be sufficient facilities to accommodate the needs of commercial vessels. No Discharge Zones are spread across the country. They can be found in 27 states. Most coastal waters in northeastern states from New Jersey to the Canadian border have been declared to be NDZs. New York waters of Lakes Ontario, Erie, Champlain, and George are NDZs. So are the Michigan state waters of Lakes Michigan, Superior, and Huron. Wisconsin waters of Lake Michigan (but not Lake Superior) are within a NDZ. Waters of Lake Champlain in Vermont are so des- ignated. Coastal waters of the southern half of North Carolina are a NDZ. So are the waters of Lake Tahoe (Nevada and California). In California, certain harbors and bays are designated as NDZs for both commercial and recreational vessels, while all California marine waters are NDZs for recreational craft. The statewide designation was made pursuant to subsection 312(f)(4)(A) of the Clean Water Act. This subsection requires a state to apply to the EPA, which must determine that the pro- tection and enhancement of the water body requires the establishment of a NDZ. It is not necessary to find that adequate pump-out facilities are rea- sonably available. Because of the lack of discharge reception facilities for com- mercial vessels, it would not have been legally impossible to base the California statewide declaration on the criteria of section 312(f)(3). The newest No Discharge Zone is in Washington State, encompass- ing all of Puget Sound and connecting waters. There is controversy about this NDZ, because the existence of adequate reception facilities to service all vessels is disputed. Operators of commercial towing vessels and “small-ship” cruise vessels maintain that such facilities that can accommodate them do not exist. Washington State has delayed enforce- ment of the NDZ for these particu- lar vessels for five years, an apparent