MACT Rule for Boatbuilders  

 

(Thanks to Reichhold Website and NMMA)

 


NC Clean Marina Finally Here

The NC Clean Marina program, a joint effort of NC Marine Trades and NC Division of Coastal Management, is finally underway. This is a voluntary program where marinas are asked to conduct a self-assessment using a checklist, to show what best management practices are used at their facilities. Those that meet the criteria of Clean Marina will be issued a Clean Marina flag and can use the Clean Marina logo on all promotional material. This is a great way to market your facility to environmentally conscious boaters, and also to let regulators know that marinas are making an effort to better their environment. The Clean Marina materials should be arriving to every coastal marina in the state within the next couple weeks. Please call Wendy Larimer (910) 962-3351 for more information.

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Marina Planning – Did You Know?

If you are planning to build or expand a marina, there are specific factors examined by our NCDENR to determine if a permit will be issued or not. While the request is reviewed by all state agencies, the recommendations of Shellfish Sanitation and the Division of Water Quality seem to carry the most weight. 

 

Under Shellfish Sanitation guidelines, shellfish fishing will generally be prohibited 100-200 feet from docks at a marina with less than 26-slips, 150-275 feet from a marina with less than 51-slips, 175-325 feet from a marina with less than 76- slips, and 200-400 feet from a marina with more than 75 slips. The number of feet is based on whether the marina is a closed or open system, with a closed system requiring more distance for closure. A closed system is where three sides of the basin are closed to regular water movement. Also, if there are several marinas close to one another, the Division of Shellfish Sanitation recommends closures exceeding the rules above.

 

One of the questions we hear is “how is the amount of pollution determined BEFORE the slips and boats are present?” EPA recommends state’s use a formula based on the number of boats with heads and number of people on board the boats versus the volume of water and tidal movement. The shellfish division recognized that the number of people on boats using boat heads is not a constant, so their guidelines are only loosely based on federal recommendations. EPA requires Shellfish Sanitation to come up with some closure distance numbers, like those listed above, in the name of public safety, and based on the common [mis]conception that marinas cause the pollution that contaminate shellfish. 

 

Unfortunately for marinas and the boating public, CAMA’s decision to issue a permit for marina expansion weighs the Shellfish Sanitation rulings heavily. Shellfish Sanitation is not required to factor in public access, actual water quality, or marina expansion benefits when they make their recommendations. Unfortunately, other NCDENR divisions increasingly use the shellfish sanitation criteria related to marinas as reason for denying or restricting marinas and marina expansions. This is exemplified by a recent draft rule to have no marina expansions on Outstanding Resource Waters because shellfish areas have to be closed. Look for issues like this to be discussed at this year’s Marina Forum at NC/SC MarineEXPO.

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AIWW Association Brings Attention to Dredging Needs

The Atlantic Intracoastal Waterway Association (AIWW) is a new organization formed for the purpose of bringing recognition of the problems encountered by travelers of the AIWW and how those problems can hurt the economies of states and towns which border the waterway. One goal is to lobby to increase the Corps of Engineers (COE) funding for its civil works program that controls the maintenance of the AIWW. The COE has agreed to study the economic impact of the commercial users of the AIWW. The study will investigate usage patterns, user practices, and operation and maintenance expenditures. 

 

The goal is to determine if the AIWW can adequately support current and future movement of commodities. The focus right now is mainly on shipping, but there has been mention of the need to examine how the recreational boats using the waterway also add to local economies. The benefit of the AIWW will be weighed against what current problems exist. For instance, in some areas the AIWW is in desperate need of dredging, with sections only five feet deep. Other areas have bridge opening and closing problems. If you are interested in finding out more and helping this cause contact the Atlantic Intracoastal Waterway Association, 643 S. Washington St., Alexandria, VA 22314, 703/837-9629, 703/518-8490 fax or e-mail rosemary@kreative.net.

 

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MarineEXPO Exhibitor Registration     

The NC/SC MarineEXPO exhibitor registration forms have been sent If you have not received one and are interested or know a company that would benefit by having a booth at this event, please call Wendy Larimer (910) 962-3351 or go to our website http://www.asbdcnow.com/NCMarineTradeAssociation and download the form under Exhibitor Info. Don’t miss this opportunity to show your product and service to the many marine businesses represented Exhibitors this year will be able to attend seminars at no cost and will have a special “EXHIBITOR ONLY” reception. Come join us at the New Bern Convention Center November 9-10 for this year’s show.

 

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New SEPA Rules Proposed For Marinas

The Department of Natural Resources (NCDENR) has requested that all Divisions review the requirements of the State Environmental Policy Act (SEPA) to include marina building and expansions. One suggestion is that any marina planning an expansion of more than 25% of its current number of slips be required to conduct an Environmental Assessment (EA) under SEPA. Previously only new marinas were required to undertake an EA. 

 

The completion of an EA can be extremely time-consuming and add months or even years to the length of time it takes between the request for a facility expansion and the issuance of a permit to begin the work. The EA must be submitted first to the major permit coordinator in Raleigh and to the appropriate Division of Coastal Management (DCM) regional office manager. They determine whether the application is in proper form. This can take up to 14 days each time it is reviewed. The document then must be submitted to all Divisions of DENR, any of which can call for changes to the document. If no changes are requested the review should be completed in 15 days. But, if any department requests a change, that department, the applicant and the major permit coordinator must work to resolve the conflict, taking as much time as is needed to do so. If the applicant gets through this hoop, the application goes to the state clearinghouse where the public can comment on the application. This review lasts 30 working days. If there are public comments, the document is sent back to the DCM initiating a new round of coordination with the objecting parties. This all must be done before the Major Permit application is submitted.

 

This rule has recently been suggested and will not come to public hearing for several months, but it’s time to start thinking about how this will effect your future business plans. To hear about actions you can take regarding this and other like issues, plan to attend the Marinas Forum at the November EXPO.

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NC Boatbuilders Brace for Months of Regulatory Confusion

Boatbuilders across the state are about to be overwhelmed with regulatory information that will, without question, have some detrimental economic impact for them to consider – and they won’t just be fiberglass boatbuilders. At issue are the just signed EPA national emission standards for hazardous air pollutants (NESHAP) for new and existing boat manufacturing facilities. The portion of your boat manufacturing facility covered is the combination of all of the boat manufacturing operations listed as follows: (a) Open molding resin and gel coat (including pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin), (b) Closed molding resin, (c) Resin and gel coat mixing, (d) Resin and gel coat application equipment cleaning, (e) Carpet and fabric adhesive, (f) Aluminum hull and deck coating, including solvent wipe-down operations and paint spray gun cleaning operations, on aluminum boats. 

 

The EPA has identified boat manufacturing as a major source of hazardous air pollutants (HAP), such as styrene, methyl methacrylate (MMA), methylene chloride (dichloromethane), toluene, xylenes, n-hexanes, methyl ethyl ketone (MEK), methyl isobutyl ketone (MIBK), and methyl chloroform (1,1,1-trichloroethane). These proposed standards will require all major sources to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT). It also establishes requirements that boatbuilders demonstrate initial and continuous compliance with the emission standards.

 

The rules and an overview have been provided by NC’s Reichhold at the http://www.reichhold.com/ website under News. It is the 16-June-00 article, linked here: Proposed MACT Rule for Boat Builders.  This topic, and many others, will be discussed in seminars and the Boatbuilder’s Forum at the November MarineEXPOJohn McKnight, Director Environmental and Safety Compliance for NMMA will be leading a panel on this and other issues for the EXPO and is always willing to take questions on this issue from his DC office. His number there is 202-721-1604 or e-mail at jmcknight@nmma.org.

 

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Have marine trades related question or problem? The NC Marine Trades Services is a service of the Small Business and Technology Center and available to all small businesses without charge. Marina related - call (910) 962-3351. Boatbuilding and Boatyard related - call (252) 728-2144. The headquarters of the SBTDC is located in Raleigh and can be contacted by calling (800) 258-0862.