This topic has been weighing on my brain for a while now, wondering what the story was and if I would be allowed to do my own work the next time I needed bottom paint. Per the folks at Hylebos Marina there is no restriction on do it yourself work. He states that the EPA folks have not made any ruling on who may do work. The regulations are all aimed at what happens.
So, if you are sanding and the paint dust is blowing around instead of being captured, then the powers that be will fine the boatyard since you are "under their control" on their property. If you spill the paint on the bare ground then they are responsible to remediate the ground. Basically dig up the contaminated dirt and replace with clean dirt, and so on. The boatyard owner is responsible for complying with all rules and regs from the States point of view. How the boatyard holds you responsible is typically by the form you sign before they haul you out.
What apparently is happening is boatyards are forbidding DIY work "due to environmental rules" to avoid the added liability. It appears that there isn't a law or rule that says you can't DIY, it's a liability concern by the yard owner and/or the insurance company.
Hylebos is contemplating only allowing work during regular business hours when DIY people can be monitored. This would stop Sunday work and after 5pm work. This would be a significant hardship for many DIYers, but appears to be the future of the system.
Apparently the boatyard in Port Townsend has not implemented nearly as stringent rules. As I understand reports from folks who haulout there it's pretty much business as usual and they aren't having any real restrictions imposed.
So, while it will be more restrictive in the future it seems that it isn't as drastic as we may have feared. My personal observation is that my buddy has his boat on the hard at Hylebos and is scraping and painting the bottom on the tarp covered ground this week. Sanding is done only with a vacuum equipped with dust bag and 5hp or more vacuum to insure total capture. All scrapings must be swept or vacuumed each day.
Ken