RBOC Supporting Legislation to Address Copper-Based Antifouling Paint Concerns

RBOC is supporting AB 773 [Dixon], legislation that would suspend enforcement of regulations relating to copper-based antifouling paint until a determination is made of the best methods to regulate the use of copper-based antifouling paint within the state.

Copper-based anti-fouling surfaces are important to boating. From recreational boats in the water for a season to commercial ships that are in the water year-round, antifouling paint on the underwater part of the boat is fundamental to the proper maintenance and performance of almost all watercraft. The uncontrolled growth of marine organisms on boats significantly degrades performance, increases fuel consumption, contributes to the spread of aquatic invasive species and can even lead to a vessel sinking in extreme cases.

Boaters are doing their part to address the presence of copper in impaired water bodies in California. They are buying and using low-leach-rate copper-based antifouling paint approved by the Department of Pesticide Regulation in an attempt to reduce the amount of dissolved copper that is discharged into impaired water bodies.

Boaters have also been participating in studies to identify potential alternatives. To date, however, there is no replacement that is available, effective and affordable.

RBOC supports the provisions of AB 773 that would suspend enforcement of the regulations relating to copper-based antifouling paint until:

• The completion and release any active studies related to the effectiveness of low-leach-rate paint before adopting any new regulations relating to copper-based antifouling paint or low-leach-rate paint.

• The determination of the best methods to regulate the use of copper-based antifouling paint within the state.

• A collaborative agreement on guidelines that provide for the uniform enforcement of the copper-based antifouling paint regulations throughout the state.

RBOC & BoatU.S. Urge State to Consider Sound Science Before Adopting Non-point Source Plan

RBOC and BoatU.S. are urging the State Water Resources Control Board to utilize sound science and site-specific testing as the critical path forward, and to resolve key boater concerns, prior to adoption of a proposed Nonpoint Source Program Implementation Plan.

Boating and the boating industry represent a significant recreational resource and an important part of California’s economy. Together, we have been engaged continually over many years to protect the environment as the state and regional boards have addressed impaired water bodies, have developed basin plans, and have developed new standards including anti-fouling paints for boat hulls.

RBOC and BoatU.S. are emphasizing several key points in our request to the State Water Board:

• As stated in our July 10 comments, it is essential that stakeholders be engaged in the consideration of comprehensive plans such as this proposal, especially when they will have significant impacts. To the best of our knowledge, this has not occurred with the current proposal.

• It is critical to boaters that any decisions that restrict or prohibit the use of anti-fouling paints containing copper be predicated on clear findings that alternatives are available, effective and affordable. However, at this time, no single alternative will work, boat paint formulations are constantly changing, and non-biocidal paint safety has not been confirmed.

• Current TMDL models are ineffective as management tools yet adaptations to those models are practically impossible to achieve. Updated science is overlooked.

• The recreational boating community and industry are challenged by the absence of coordination among the regulatory entities including the State Water Board, regional water boards, and the Department of Pesticide Regulation. This impacts numerous issues ranging from the available paints, the models for managing water quality, the appropriate monitoring schemes, and the interconnection among toxicity labs.

• Background levels of copper confound the ability to achieve numerical standards. High background levels of dissolved copper in hydraulically connected waters make achieving the numerical limit impossible.

• The Los Angeles Regional Water Quality Control Board should not issue an investigative order and should not develop conditional WDRs for the discharge of biocides from boats residing in marinas until the boating community has a feasible, reasonable and readily-available alternative non-biocidal anti-fouling paints. RBOC and BoatU.S. remain committed to the protection and enhancement of the state’s waterways.

These and other public comments have been prepared and submitted to the State Water Board by a number of stakeholders representing the recreational boating community including boaters, clubs and industry.

RBOC is endorsing and urging consideration of the comments, concerns and requests set forth in the public comments of the Marine Recreation Association comment letter dated July 29, the Moffatt and Nichol Memorandum “Review of Non-copper-based Alternative Antifouling Paints to Support Discussion on Implementation Strategies for Reducing Copper by Boat-Paint Conversions” dated July 29, and the ChemMetrics comment letter dated July 29.