[From the U.S. Government Printing Office, www.gpo.gov]












                          The Progression of "No Discharge Zone" Status
                       in Water Bodies Across the Continental United States













                                                    Prepared By


                                                   Melissa Chaun
                                      Center for Coastal Management and Policy
                                         Virginia Institute of Marine Science
                                              School of Marine Science
                                            College of William and Mary
                                              Gloucester Point, Virginia



                                                    Prepared For

                                         Virginia Council on the Environment
                                   Virginia Coastal Resource Management Program
                                             Grant No. NA170ZO359-01






                                                     March 1993





          cmap
         center for coanstat                                                 COMPRHENSiVE COASTAL INVENTORY
           management and policy
 










                             Thelprogression of "No Discharge Zone" Status
                          in Water Bodies across the Continental United States






                                                    Prepared By

                                                   Melissa Chaun
                                      Center for Coastal Management and Policy
                                         Virginia Institute of 1101aarine Science
                                              School of Marine Science
                                            College of William and Mary
                                              Gloucester Point, Virginia




         No                                         Prepared For

                                         Virginia Council on the Environment
                                   Virginia Coastal Resource Management Program
        6-                                   Grant No. NA170ZO359-01




             This project was funded, in part, by the Virginia Council on the Environment's Coastal Resources
             Management Program through Grant #NA 170ZO359-01 of the National Oceanic and Atmospheric
             Administration, Office of Ocean and Coastal Resource Management Act of 1972 as amended.




                                                     March 1993









                          The Progression of "No Discharge Zone" Status
                       in Water Bodies across the Continental United States



         Introduction


         California, Minnesota, Michigan, Wisconsin and Texas all had no discharge zone (NDZ) laws
         in effect prior to the Federal Government's attempt to regulate vessel sewage via the Clean Water
         Act. Today, vessel sewage discharges are regulated under Section 312 of the Clean Water Act,
         entitled "Marine Sanitation Devices." The section details requirements for marine sanitation
         devices (MSDs) on boats and enables states to apply to the EPA for the authority to prohibit
         discharges of all boat wastes, whether treated or untreated. MSDs are holding tanks or treatment
         and discharge systems that are classified by the U.S. Coast Guard as either Type 1, Type 11 or
         Type III MSDs. It was during the mid- 1970's that the Coast Guard issued the MSD regulations.
         Type I MSDs (acceptable only for boats 65 feet or less in length) produce effluent no greater
         than 1000 fecal coliform parts per 100 ml, and have no visible floating solids. A Type II MSD
         (required on boats over 65 feet) produces effluent no greater than 200 fecal coliform per 100 ml,
         and have suspended solids not greater than 150 mg/l. Type IH MSDs are no discharge systems,
         and are designed to prevent the overboard discharge of any treated or untreated sewage; the most
         common is the holding tank which requires sewage disposal via a pump-out facility. Type III
         MSDs include recirculating and incinerating toilets. Type III MSDs are the only type permissible
         for use in areas designated by the EPA as no discharge areas. The EPA may grant no discharge
         status to those water bodies that are particularly sensitive to contamination and will therefore
         benefit from a complete prohibition of all vessel sewage discharges. Sections 312(f)(3) and (f)(4)
         (Appendix A) describe the statutory requirements for a no discharge zone (NDZ). If an
         application from a state is approved by the EPA, the discharge of all sewage, whether treated or
         not, is prohibited within the area designated. Approval, however, depends upon the state's ability
         to provide a sufficient number of pump-out facilities. Although there is no set ratio to determine
         the required number of pump-out facilities necessary to serve a given number of boats, the EPA
         Region I (Boston, MA) has suggested a range ratio of one pump-out facility per 450 boats with
         MSDs. The U.S. Coast Guard is responsible for enforcing MSD regulations and standards.
         However, when a state's application for no discharge status is approved by the EPA, enforcement
         of the no discharge standard becomes the responsibility of the state.

         Standards promulgated pursuant to Section 312(f)(3) are found in 40 CFR Part 140.4 (Appendix
         B).    EPA Region I clarifies some of these requirements in "Guidance for States and
         Municipalities Seeking No-Discharge Area Designation for New England Coastal Waters"
         (Appendix Q.











          New England: Massachusetts
          Contacts: Mel Cote, EPA Region 1 (Boston, MA); Brian Donahoe, Water Pollution Control
                                Board, MA.

          The first eastern coastal NDZ was granted to Massachusetts. The coastal waters of Wareham,
          Massachusetts, in the northwest comer of Buzzards Bay, acquired no discharge status early in
          1992. Massachusetts' Water Pollution Control Board cooperates with the EPA guidelines and
          relies on public-generated concern to initiate the application process. Several New England states
          have expressed an interest in pursuing no discharge status for selected coastal areas. Applications
          for NDZ status for any New England coastal waters from Maine to Connecticut are submitted
          to EPA Region I headquarters in Boston (Appendix C). Nantucket Island and Block Island, for
          example, have recently received NDZ status.



          New Hampshire
          Contacts: Dick Flanders, New Hampshire Biological Bureau; Bob Baczynski, Permits, Dept. of
                                 Environmental Services.


          New Hampshire was the first state on the East Coast to designate its freshwater bodies, such as
          Lake Winnipesaukee, as NDZs. The state is now being encouraged by the EPA to do the same
          with their coastal waters. Great Bay is one coastal area currently considered for designation as
          an NDZ. Its proposal is supported by the National Estuarine Reserve; to date, however, there
          is an insufficient number of pump-out facilities.

          The state has recently upgraded all of its 'Class C' water bodies to 'Class B' (refer to Appendix
          D for definitions) in an effort to improve water quality. The New Hampshire Revised Statutes
          Annotated (Ch. 487-1 to 487-14) contain the state's administrative codes regarding marine
          pollution, marine toilets and disposal of sewage from boats. In addition to this legislative
          process, pollution studies and public awareness have been essential ingredients in initiating efforts
          towards NDZ designations.


          Vermont
          Contact: Sgt. Buck, Vermont State Police, Marine Division.

          Only two water bodies in Vermont have NDZ status: Lake Champlain and Lake Memphramagog
          (both shared with Quebec). The Vermont Department of Natural Resources regulates and issues
          permits. The State Police of the Marine Division enforce holding tank regulations. The U.S.
          Coast Guard is stationed on Lake Champlain; once or twice a year, the Coast Guard is stationed
          on Lake Memphramagog to enforce the MSD regulations on these international waters.






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         Florida
         Contacts: Jim Bottone, Domestic Wastewater, Dept. of Environmental Regulation; Peggy
                               Matthews, Florida Keys Marine Sanctuary.

         Destin Harbor, on Florida's Gulf Coast, has been designated as an NDZ. In 1988, the state
         legislature passed a law, effective October 1993, prohibiting sewage dumping from trains, planes,
         boats and automobiles. Sewage disposal suddenly became of great concern after an Amtrak train,
         crossing a bridge, dumped its raw sewage upon two fishermen in the St. John's River, near
         Jacksonville. (Amtrak trains were programmed to dump their sewage from the holding tanks
         when the train had reached an arbitrary speed, one that is usually used outside cities and
         populated regions.) The law then expanded to encompass all types of transportation. In general,
         no discharge status appears to progress on a case-by-case basis.            The Department of
         Environmental Resources and the EPA, as well as other agencies such as NOAA, the Water
         Management District, the Florida Keys Aqueduct Authority and the Florida Game and Fish
         Commission, are working together under the Water Quality Protection Program to help preserve
         the Keys as a marine sanctuary. NDZ status is automatically granted under the Florida Keys
         National Marine Sanctuary Act, which takes effect at the end of 1993 and will encompass state
         waters. The U.S. Coast Guard is responsible for monitoring federal waters.



         California
         Contacts: Steven Hill, Deborah Jayne and Pete Michael, California Regional Water Quality
                               Control Board, San Diego Region; Janet Hashimoto, EPA Region 9 (L.A.);
                               Brian Bray, Assistant Harbor Manager, City of Avalon.

         The majority of coastal NDZ's designated under Section 312(f)(3) are located in California.
         California appears to have been the first state to seriously address the problem of sewage
         discharge into water bodies. Hence, the Federal Water Pollution Control Act of 1972 adopted
         many of the concepts previously embodied within California's water quality control policies.
         These were issued in the early 1960's to the various regional water quality control boards by the
         California State Board. This was in response to a growing concern during the previous two
         decades. With the dramatic increase in the population settling around San Diego Bay after World
         War 11, enormous quantities of untreated sewage and industrial waste (15 million gallons per day)
         were being dumped into the bay. An outfall line from Point Loma was extended to waters of
         200 feet. This proved insufficient to rectify the problem; hence, the attempt by the State Board
         to begin controlling water quality. The Federal Water Pollution Control Act (FWPC Act, 1972)
         took away the state's authority over navigable waters.








                                                         3











         California (continued)

         In 1974 the Interim Basin Plan for San Diego Bay was designed to strengthen water quality
         control in the bay. With this plan, the California State Water Quality Control Board took over
         the federal portion of the FWPC Act, and became the lead state agency for water quality control,
         with the EPA as acting authority. In the mid-1970's, the public became concerned with the
         designation of NDZs. The Coast Guard was given the task under Public Law 92500 to conserve
         navigable waters. The NDZ statute, however, enabled states to regain authority over these waters
         if more stringent guidelines could be met. The State Water Quality Control Board had to make
         two crucial findings: 1) to prove the need for a NDZ, and 2) to ascertain a sufficient number of
         pump-out facilities. The Regional Water Quality Control Board (there are 9 in California) via
         the State Water Quality Control Board and the Governor's Office, then submitted a letter to the
         administrator of EPA, requesting that San Diego Bay and three other small craft harbors (Dana
         Point Harbor, Oceanside Harbor and Mission Bay) be designated as NDZs. The stumbling block
         became the U.S. Navy, located in San Diego Bay and representing some 100 ships (about one-
         quarter of the entire U.S. Navy's fleet). State jurisdiction did not include authority over these
         federally-used waters. The Regional Water Quality Control Board was granted authority over
         the NDZ designations but the NDZs were defined above the 30-foot water mark at mean low low
         water (MLLW). Therefore, it would not be a federal violation to dump in waters greater than
         30 feet.


         The 1977 amendments to the Clean Water Act not only defined sewage, but added "graywater"
         (shower and bath water) to the definition of sewage in the Great Lakes. Consequently, in a NDZ
         only Type III MSDs were permissible on board, or no permanently installed head was allowed.
         Ironically, however, the MSD program only existed at the federal level; there was no such
         program at the state level. State authorities could not board vessels to ensure compliance. Only
         the Coast Guard had the authority. The one exception, however, are the Peace Officers of the
         State who can enforce the state's NDZ law. These officers have the authority to board vessels
         for inspection, but they are limited in number.

         The California Water Code, administered by the regional water quality control boards, and the
         California Harbors and Navigation Code set standards for pump-out facilities at marinas. Section
         1360, however, prohibits the regional boards from establishing performance levels, such as
         bacterial counts. The boards may only demand the installation of MSDs, or in the case of
         marinas, local agencies may require holding devices (Type III MSDs). For example, both the
         Port of San Diego (via the yacht club) and Channel Islands Harbor require holding devices.
         Newport Bay has a joint task force working with the regional board to ensure adequate pump-out
         facilities. In the end, however, education has the greatest effect ensuring participation in an
         NDZ-type program, as opposed to having the NDZ status officially granted and then attempting






                                                         4











          California (continued)

          to enforce the regulations. The public seems to cooperate out of awareness of the problem;
          regulations may, in fact, deter compliance. Finally, the crucial question is whether a state or
          local agency has the authority to request holding tanks and perform inspections. In California's
          case, at the state level, only Peace Officers are able to board vessels for inspection.
          Unfortunately, there is an insufficient number of these officers to provide effective monitoring.
          In general, progress on rectifying the vessel sewage problem has been on a case-by-case basis,
          often in response to an accident or disaster.

          The most aggressive NDZ program in the country exists in the City of Avalon, Santa Catalina
          Island, California. Due to excessive coliform counts, the health services in Los Angeles
0         threatened to close Avalon Harbor. 25,000 boats use the harbor every summer and over a million
          tourists travel to this island, located approximately 25 miles off the California coast. 'Me NDZ
          program was therefore initiated in August of 1988. A yellow-fluorescent dye tablet, good for 60
          gallons, is placed in each toilet facility on board the vessel. A $ 500 fine, as well as expulsion
          from the harbor for one year, is levied for a violation. The number of violations has decreased
          over the years and the 1988 coliform count of 1600 pprn has now been reduced to 8-12 ppm.
          Needless to say, the program is expensive to administer. An additional two officers were hired
          to monitor the region and the process is extremely time-consuming. Nevertheless, the NDZ
          program is popular because it has improved Avalon's waters.

          Richardson Bay, CA, is the most recent NDZ addition to the state. It began as a local effort in
          the early 1980's with a management policy involving the Bay Conservation Development
          Community (BCDC) and the local government. Efforts focussed on anchorages and boat houses,
          areas of high recreational use. A 'no vessel discharge' policy was adopted and Richardson Bay
          then asked the California Regional Water Quality Control Board, San Diego Region, to assist in
          administering this policy. Coliform counts and public input helped in the development of a staff
          proposal which was subsequently submitted to the California State Water Quality Control Board
          for approval before presenting the 'no vessel discharge' policy to the EPA.



          Maryland
          Contact: Don O'Neil, Pump-out Grant Coordinator.

          Maryland has yet to submit their NDZ application to the EPA. However, a preliminary 'trial
          balloon' methodology has been drafted, utilizing a point system to assess the sufficiency of
          existing pump-out facilities in the arbitrarily-chosen Rock Hall Harbor (Appendix E), since
          meeting the pump-out criterium appears to be the EPA's main concern. The draft does not
          address sensitive wildlife areas and has yet to be reviewed. The state has a program to encourage





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         Maryland (continued)

         the installation of pump-out facilities, offering as much as 100% reimbursement. Consequently,
         since late 1989, 56 new pump-outs have been installed, and in addition to the pre-existing 32,
         brings the total to 88. The goal is to build 30 new pump-outs per year.



         Michigan and Minnesota
         Contacts: Kim Elberum, Minnesota Dept. of Natural Resources, Trails and Waterways; Lyle
                                Belknap, Law Enforcement Division, Michigan Dept. of Natural Resources.

         Minnesota has apparently had no discharge status since 1969, although three areas were denied
         NDZ status. Lake Superior and the southern section of the Mississippi are difficult to manage
         due to international/commercial traffic and different MSD types. The Lower St. Croix was
         denied NDZ status due to a lack of pump-outs. The Department of Natural Resources therefore
         focusses on managing recreational traffic. Coast Guard regulations have been adopted by all the
         states sharing the Great Lakes and connecting waters. The Great Lakes Commission helps the
         Coast Guard to enforce the no discharge laws.



         Wisconsin
         Contact: Mary-Jo Kopecky, Director of Wastewater Program, Water Quality Division.

         Wisconsin has administrative codes which determine outstanding/exceptional water resources.
         Water quality data, documentation of resource uses and public hearings contribute to preserving
         the relatively pristine, usually forested waterways. These rivers, such as the Wisconsin River and
         Rock River, tend to be fast-flowing, often possessing rapids and therefore, no motorized craft use
         these water bodies. Development along such regions is restricted.



         Washington
         Contact: Doug-Strong, Water Quality Division.

         The Puget Sound Water Quality Management Plan identifies the possibility of establishing 'no
         anchorage' areas or NDZs in the state of Washington. The request is made to the EPA but there
         must be a sufficient number of pump-out facilities. The Health Department can facilitate the
         designation of no anchorage areas or NDZs as there are many shellfish beds along the
         Washington coast, usually situated in poorly flushed embayments. Declaring a no anchorage area
         is a feasible management mechanism to change user patterns; it is easy to monitor in comparison
         with NDZ areas. Local efforts have proved more effective than federal regulations in initiating





                                                          6











         Washington (continued)


         NDZ designations. A grant program, as well as the odd fish restoration project, helps to finance
         pump-out installations. The Water Quality Division is working state-wide with NOAA, in
         consultation with other agencies, to establish a marine sanctuary. NDZ status is simultaneously
         granted under the National Marine Sanctuary Act, pending a sufficient number of pump-out
         facilities to service the area. The Sanctuary Act defines sewage to include "graywater" (shower
         and bath water). An "adjustment time" may be granted while MSDs are updated to collect
         graywater.

         Last year Congress passed the Clean Vessel Act. The act has allowed for the re-routing of
         money, collected from extra fuel tax and initially given to the Aquatic Resources Trust Account,
         to be used not only for fish restoration projects, but also to subsidize pump-out facility
         installations. The funding criteria is currently being established and may be finalized by June
         1993.



         Conclusion


         The EPA appears to have finally produced a somewhat detailed guideline for those states wishing
         to meet the criteria for NDZ status. EPA Region I (Boston, MA) and Region 10 (Sacramento,
         CA) seem to be the most up-to-date and organized EPA regions for NDZ designation. However,
         the process is slow, generally progressing on a case-by-case basis. In general, sewage dumping
         is prohibited in state water bodies and if a valve exists on an MSD, it is required to be made
         inoperable so that the only means of disposal is at a pump-out facility. State vessels appear to
         be exempted from abiding by such NDZ laws.





















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                                             Appendix A

                          Sections 312(f)(3) and (f)(4) of the Clean Water Act


                                                                                              I





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                                                     Appendix A
                                Sections 312(f)(3) and (f)(4) of the Clean Water Act


                                                                                                          S-783
          WATER POLLUTION ACT                                                                           71:5175


                                        MARINE SANITATION DEVICES


                  Sec. 312. (a) For the purpose of this section, the term-
                  (1) "new vessel" includes every description of watercraft or other artificial contrivance
          used, or capable of being used, as a means of transportation on the navigable waters, the
          construction of which is initiated after promulgation of standards and regulation under this
          section;
                  (2)   "existing vessel" includes every description of watercraft or other artificial
          contrivance used, or capable of being used, as a means of transportation on the navigable waters,
          the construction of which is initiated before promulgation of standards and regulations under this
          section; (3) "public vessel" means a vessel owned or bareboat-chartered and operated by the
          United States, by a State or political subdivision thereof, or by a foreign nation, except when
          such vessel is engaged in commerce:
                  (4) "United States" includes the States, the District of Columbia, the Commonwealth,
          of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust
          Territory of the Pacific Islands;
                  (5) "marine sanitation device" includes any equipment for installation on board a
          vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat
          such sewage;
                  (6) "sewage" means human body wastes and the wastes from toilets and other receptacles
          intended to receive or retain body wastes except that, with respect to commercial vessels on the
          Great Lakes such term shall include graywater;
                  (7) "manufacture" means any person engaged in the manufacturing, assembling, or
          importation of marine sanitation devices or of vessels subject to standards and regulations
          promulgated under this section;
                  (8) "person" means an individual, partnership, firm, corporation, or association, but
          does not include an individual on board a public vessel;
                  (9) "discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring,
          emitting, emptying or dumping;
                  (10) "commercial vessels" means those vessels used in the business of transporting
          property for compensation or hire, or in transporting property in the business of the owner,
          lessee, or operator of the vessel;
                  (11) "graywater" means galley, bath,.and shower water.
                  (b) (1) As soon as possible, after the enactment of this section and subject to the
          provisions of section 1010) of this Act, the Administrator, after consultation with the Secretary
          of the department in which the Coast Guard is operating, after giving appropriate consideration


                                                            8









         to the economic costs involved, and within the limits of avgilable technology, shall promulgate
         Federal standards of performance for marine sanitation devices (hereafter in this section referred
         to as "standards") which shall be designed to prevent the discharge of untreated or inadequately
         treated sewage into or upon the navigable waters from new vessels and existing vessels, except
         vessels not equipped with installed toilet facilities. Such standards and standards established
         under subsection (c) (1) (B) of this section shall be consistent with maritime safety and the
         marine and navigation laws and regulations and shall be coordinated with the regulations issued
         under this subsection by the Secretary of the department in which the Coast Guard is operating.
         The Secretary of the department in which the Coast Guard is operating shall promulgate
         regulations, which are consistent with standards promulgated under this subsection and subsection
         (c) of this section with maritime safety and the marine and navigation laws and regulations
         governing the design, construction, installation, and operation of any marine sanitation device on
         board such vessels.


                 (2) Any existing vessel equipped with a marine sanitation device on the date of
         promulgation of initial standards and regulations under this section, which device is in
         compliance with such initial standards and regulations, shall be deemed in compliance with this
         section until such time as the device is replaced or is found not to be in compliance with such
         initial standards and regulations.
                 (c) (1) (A) Initial standards and regulations under this section shall become effective for
         new vessels two years after promulgation; and for existing vessels five years after promulgation.
         Revisions of standards and regulations shall be effective upon promulgation, unless another
         effective date is specified, except that no revision shall take effect before the effective date of
         the standard or regulation being revised.
                 (B) ne Administrator shall, with respect to commercial vessels on the Great Lakes,
         establish standards which require at a minimum the equivalent of secondary treatment as defined
         under section 304(d) of this Act. Such standards and regulations shall take effect for existing
         vessels after such time as the Administrator determines to be reasonable for the upgrading of
         marine sanitation devices to attain such standard.
                 (2) 'Me Secretary of the department in which the Coast Guard is operating with regard
         to his regulatory authority established by this section, after consultation with the Administrator,
         may distinguish among classes, types, and sizes of vessels as well as between new and existing
         vessels, and may waive applicability of standards and regulations, as necessary or appropriate for
         such classes, types, and sizes of vessels (including existing vessels equipped with marine
         sanitation devices on the date of promulgation of the initial standards required by this section),
         and, upon application, for individual vessels.
                 (d) The provisions of this section and the standards and regulations promulgated
         hereunder apply to vessels o    'wned and operated by the United States unless the Secretary of
         Defense finds that compliance would not be in the interest of national security. With respect to
         vessels owned and operated by the Department of Defense, regulations under the last sentence
         of subsection (b) (1) of this section and certifications under subsection (g) (2) of this section shall
         be promulgated and issued by the Secretary of Defense.
                 (e)   Before the standards and regulations under this section are promulgated, the
         Administrator and the Secretary of the department in which the Coast Guard is operating shall


                                                            9









         consult with the Secretary of State; the Secretary of Health, Education, and Welfare, the Secretary
         of Defense; the Secretary of the Treasury; the Secretary of Commerce; other interested Federal
         agencies; and the States and industries interested; and otherwise comply with the requirements
         of section 553 of title 5 of the United States Code.
                 (f) (1) (A) Except as provided in subparagraph (B), after the effective date of the initial
         standards and regulations promulgated under this section, no State or political subdivision thereof
         shall adopt or enforce any statute or regulation of such State or political subdivision with respect
         to the design, manufacture, or installation or use of any marine sanitation device on any vessel
         subject to the provisions of this section.

         [Sec. 312(f)(1)(A) designated and amended by PL 100-41]

                 (B) A State may adopt and enforce a statute of regulation with respect to the design,
         manufacture, or installation or use of any marine sanitation device on a houseboat, if such statute
         or regulation is more stringent than the standards and regulations promulgated under this section.
         For purposes of this paragraph, the term 'houseboat' means a vessel which, for a period of time
         determined by the State in which the vessel is located, is used primarily as a residence and is not
         used primarily as a means of transportation.

         [Sec. 312(f)(1)(B) added by PL 100-4]

                 (2) If after promulgation of the initial standards and regulations and prior to their
         effective date, a vessel is equipped with a marine sanitation device in compliance with such
         standards and regulations and the installation and operation of such device is in accordance with
         such standards and regulations, such standards and regulations shall, for the purposes of
         paragraph (1) of this subsection, become effective with respect to such vessel on the date of such
         compliance.
                 (3) After the effective date of the initial standards and regulations promulgated under this
         section, if any State determines that the protection and enhancement of the quality of some or
         all of the waters within such State require greater environmental protection, such State may
         completely prohibit the discharge from all vessels of any sewage, whether treated or not, into
         such waters, except that no such prohibition shall apply until the Administrator determines that
         adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are
         reasonably available for such water to which such prohibition would apply. Upon application
         of the State, the Administrator shall make such determination within 90 days of the date of such
         application.
                 (4) (A) If the Administrator determines upon application by a State that the protection
         and enhancement of the quality of specified waters within such State requires such a prohibition,
         he shall by regulation completely prohibit the discharge from a vessel of any sewage (whether
         treated or not) into such waters.
                 (B) Upon application by a State, the Administrator shall, by regulation, establish a
         drinking water intake zone in any waters within such State and prohibit the discharge of sewage
         from vessels within that zone.
                 (g) (1) No manufacturer of a marine sanitation device shall sell, offer for sale, or


                                                           10









          introduce or deliver for introduction in interstate commerce,-or import into the United States for
          sale or resale any marine sanitation device manufactured after the effective date of the standards
          and regulations promulgated under this section unless such device is in all material respects
          substantially the same as a test device certified under this subsection.
                 (2) Upon application of,the manufacturer, the Secretary of the department in which the
          Coast Guard is operating shall so certify a marine sanitation device if he determines, in
          accordance with the provisions of this paragraph, that it meets the appropriate standards and
          regulations promulgated under this section. The Secretary of the department in which the Coast
          Guard is operating shall test or require such testing of the device in accordance with procedures
          set forth by the Administrator as to standards of performance and for such other purposes as may
          be appropriate. If the Secretary of the department in which the Coast Guard is operating
          determines that the device is satisfactory from the standpoint of safety and any other requirements
          of maritime law or regulation, and after consideration of the design, installation, operation,
          material, or other appropriate factors, he shall certify the device. Any device manufactured by
          such manufacturer which is in all material respects substantially the same as the certified test
          device shall be deemed to be in conformity with the appropriate standards and regulations
          established under this section.
                 (3) Every manufacturer shall establish and maintain such records, make such reports, and
          provide such information as the Administrator or the Secretary of the department in which the
          Coast Guard is operating may reasonably require to enable him to deten-nine whether such
          manufacturer has acted or is acting in compliance with this section and regulations issued
          thereunder and shall, upon request of an officer or employee duly designated by the
          Administrator or the Secretary of the department in which the Coast Guard is operating, permit
          such officer or employee at reasonable times to have access to and copy such records. All
          information reported to or otherwise obtained by the Administrator or the Secretary of the
          department in which the Coast Guard is operating or their representatives pursuant to this
          subsection which contains or relates to a trade secret or other matter referred in section 1905 of
          title 18 of the United States Code shall be considered confidential for the purpose of that section,
          except that such information may be disclosed to other officers or employees concerned with
          carrying out this section. This paragraph shall not apply in the case of the construction of a
          vessel by an individual for his own use.
                 (h) After the effective date of standards and regulations promulgated under this
          section, it shall be unlawful-
                 (1) for the manufacturer of any vessel subject to such standards and regulations to
          manufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel
          unless it is equipped with a marine sanitation device which is in all material respects substantially
          the same as the appropriate test device certified pursuant to this section;
                 (2) for any person, prior to the sale or delivery of a vessel subject to such standards
          and regulations to the ultimate purchaser, wrongfully to remove or render inoperative any
          certified marine sanitation device or element of design of such device installed in such vessel;
                 (3) for any person to fail or refuse to permit access to or copying of records or to fail
          to make reports or provide information required under this section; and
                 (4) for a vessel subject to such standards and regulations to operate on the navigable
          waters of the United States, if such vessel is not equipped with an operable marine sanitation









          device certified pursuant to this section.
                 (i) The district courts of the United States shall have jurisdictions to restrain violations
          of subsection (g) (1) of this section and subsections (h) (1) through (3) of this section. Actions
          to restrain such violations shall be brought by, and in, the name of the United States. In case
          of contumacy or refusal to obey a subpena served upon any person under this subsection, the
          district court of the United States for any district in which such person is found or resides or
          transacts business, upon application by the United States and after notice to such person, shall
          have jurisdiction to issue an order requiring such person to appear and give testimony or to
          appear and produce documents, and any failure to obey such order of the court may be punished
          by such court as a contempt thereof
                 0) Any person who violates subsection (g) (1) of this section or clause (1) or (2) of
          subsection (h) of this section shall be liable to a civil penalty of not more than $5,000 for each
          violation. Any person who violates clause (4) of subsection (h) of this section or any regulation
          issued pursuant to this section shall be liable to a civil penalty of not more than $2,000 for each
          violation. Each violation shall be a separate offense. The Secretary of the department in which
          the Coast Guard is operating may assess and compromise any such penalty. No penalty shall be
          assessed until the person charged shall have been given notice and an opportunity for a hearing
          on such charge. In determining the amount of the penalty, or the amount agreed upon in
          compromise, the gravity of the violation, and the demonstrated good faith of the person charged
          in attempting to achieve rapid compliance, after notification of a violation, shall be considered
          by said Secretary.
                 (k) The provisions of this section shall be enforced by the Secretary of the department
          in which the Coast Guard is operating and he may utilize by agreement, with or without
          reimbursement, law enforcement officers or other personnel and facilities of the Administrator,
          other Federal agencies, or the States to carry out the provisions of this section. The provisions
          of this section may also be enforced by a State.

                 [Sec. 312(k) amended by PL 100-41]

                 (1) Anyone authorized by the Secretary of the department in which the Coast Guard is
          operating to enforce the provisions of this section may, except as to public vessels, (1) bond and
          inspect any vessel upon the navigable waters of the United States and (2) execute any warrant
          or other process issued by an officer or court of competent jurisdiction.
                 (m) In the case of Guam and the Trust Territory of the Pacific Islands, actions arising
          under this section may be brought in the district court of Guam, and in the case of the Virgin
          Islands such actions may be brought in the district court of the Virgin Islands. In the case of
          American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in
          the District Court of the United States for the District of Hawaii and such court shall have
          jurisdiction of such actions. In the case of the Canal Zone, such action may be brought in the
          District Court for the District of the Canal Zone.







                                                           12







z









                                   Appendix B

a
w            40 CFR PART 140 -- MARINE SANITATION DEVICE STANDARD



a






0






0






0






0






0






0






0









                                                   Appendix B

         40 CFR PART 140 -- MARINE SANITATION DEVICE STANDARD


         Sec.
         140.1 Definitions
         140.2 Scope of standard
         140.3 Standard
         140.4 Complete prohibition
         140.5 Analytical procedures

                 AUTHORITY: Sec. 312, as added OCL 18, 1972, Pub. L. 92-500, sec. 2, 86 Stat. 87 1. Interpret or apply
         sec. 312(b)(1), 33 U.S.C. 1322(b)(1).
                 SOURCE: 41 FR 4453, Jan. 29, 1976, unless otherwise noted.


         S 140.1 Definitions.


         For the purpose of these standards the following definitions shall apply:
                 (a) Sewage means human body wastes and the wastes from toilets and other receptacles
         intended to receive or retain body wastes;
                 (b) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring,
         emitting, emptying, or dumping.
                 (c) Marine sanitation device includes any equipment for installation onboard a vessel and
         which is designed to receive, retain, treat, or discharge sewage and any process to treat such
         sewage;
                 (d) Vessel includes every description of watercraft or other artificial contrivance used,
         or capable of being used as a means of transportation on waters of the United States;
                 (e) New vessel refers to any vessel on which construction was initiated on or after January
         30, 1975;
                 (f) Existing vessel refers to any vessel on which construction was initiated before
         January 30, 1975;
                 (g) Fecal coliform bacteria are those organisms associated with the intestines of
         warm-blooded animals that are commonly used to indicate the presence of fecal material and
         the potential presence of organisms capable of causing human disease.
0
         S 140.2 Scope of standard.

                 The standard adopted herein applies only to vessels on which a marine sanitation device
         has been installed. The standard does not require the installation of a marine sanitation device
         on any vessel that is not so equipped. The standard applies to vessels owned and operated by
         the United States unless the Secretary of Defense finds that compliance would not be in the
         interest of national security.

         S 140.3 Standard.




                                                          13









                 (a) (1) In freshwater lakes, freshwater reservoirs or other freshwater impoundments whose
         inlets or outlets are such as to prevent the ingress or egress by vessel traffic subject to this
         regulation, or in rivers not capable of navigation by interstate vessel traffic subject to this
         regulation, marine sanitation devices certified by the U.S. Coast Guard (see 33 CFR part 159,
         published in 40 FR 4622, January 30, 1975), installed on all vessels shall be designed and
         operated to prevent the overboard- discharge of sewage, treated or untreated, or of any waste
         derived from sewage.        This shall not be construed to prohibit the carriage of Coast
         Guard-certified flow-through treatment devices which have been secured so as to prevent such
         discharges.
                 (2) In all other waters, Coast Guard-certified marine sanitation devices installed on all
         vessels shall be designed and operated to either retain, dispose of, or discharge sewage. If the
         device has a discharge, subject to paragraph (d) of this section, the effluent shall not have a fecal
         coliform bacterial count of greater than 1,000 per 100 milliliters nor visible floating solids.
         Waters where a Coast Guard-certified marine sanitation device permitting discharge is allowed
         include coastal waters and estuaries, the Great Lakes and inter-connected waterways, freshwater
         lakes and impoundments accessible through locks, and other flowing waters that are navigable
         interstate by vessels subject to this regulation.
                 (b) This standard shall become effective on January 30, 1977 for new vessels and on
         January 30, 1980 for existing vessels (or, in the case of vessels owned and operated by the
         Department of Defense, two years and five years, for new and existing vessels, respectively, after
         promulgation of implementing regulations by the Secretary of Defense under section 312(d) of
         the Act).
                 (c) Any vessel which is equipped as of the date of promulgation of this regulation with
         a Coast Guard-certified flow-through marine sanitation device meeting the requirements of
         paragraph (a)(2) of this section, shall not be required to comply with the provisions designed to
         prevent the overboard discharge of sewage, treated or untreated, in paragraph (a)(1) of this
         section, for the operable life of that device.
                 (d) After January 30, 1980, subject to paragraphs (e) and (f) of this section, marine
         sanitation devices on all vessels on waters that are not subject to a prohibition of the overboard
         discharge of sewage, treated or untreated, as specified in paragraph (a)(1) of this section, shall
         be designed and operated to either retain, dispose of, or discharge sewage, and shall be certified
         by the U.S. Coast Guard. If the device has a discharge, the effluent shall not have a fecal
         coliform bacterial count of greater than 200 per 100 milliliters, nor suspended solids greater than
         150 mg/l.
                 (e) Any existing vessel on waters not subject to a prohibition of the overboard discharge
         of sewage in paragraph (a)(1) of this section, and which is equipped with a certified device on
         or before January 30, 1978, shall not be required to comply with paragraph (d) of this section,
         for the operable life of that device.
                 (f) Any new vessel on waters not subject to the prohibition of the overboard discharge
         of sewage in paragraph (a)(1) of this section, and on which construction is initiated before
         January 31, 1980, which is equipped with a marine sanitation device before January 31, 1980,
         certified under paragraph (a)(2) of this section, shall not be required to comply with paragraph
         (d) of this section, for the operable life of that device.
                 (g) The degrees of treatment described in paragraphs (a) and (d) of this section are


                                                           14








         "appropriate standards" for purposes of Coast Guard and Department of Defense certification
         pursuant to section 312(g)(2) of the Act.
                 (h) This section is not to be construed to accelerate the effective date of the standards
         and regulations promulgated under section 312 as such date affects the sales regulations for
         marine sanitation devices specified in section 312(g)(1): January 30, 1977, and January 30, 1980,
         for new and existing vessels, respectively.

         S 140.4 Complete prohibition.

                 (a) A State may completely prohibit the discharge from all vessels of any sewage,
         whether treated or not, into some or all of the waters within such State by making a written
         application to the Administrator, Environmental Protection Agency, and by receiving the
         Administrator's affirmative determination pursuant to section 312(f)(3) of the Act. Upon receipt
         of an application under section 312(f)(3) of the Act, the Administrator will determine within 90
         days whether adequate facilities for the safe and sanitary removal and treatment of sewage from
         all vessels using such waters are reasonably available. Applications made by States pursuant to
         section 312(f)(3) of the Act shall include:
                 (1) A certification that the protection and enhancement of the waters described in the
         petition require greater environmental protection than the applicable Federal standard;
                 (2) A map showing the location of commercial and recreational pump-out facilities;
                 (3) A description of the location of pump-out facilities within waters designated for no
         discharge;
                 (4) The general schedule of operating hours of the pump-out facilities;
ID               (5) The drought requirements on vessels that may be excluded because of insufficient
         water depth adjacent to the facility;
                 (6) Information indicating that treatment of wastes from such pump-out facilities is in
         conformance with Federal law; and
                 (7) Information on vessel population and vessel usage of the subject waters.
                 (b) A State may make a written application to the Administrator, Environmental
         Protection Agency, under section 312(f)(4) of the Act, for the issuance of a regulation completely
         prohibiting discharge from a vessel of any sewage, whether treated or not, into particular waters
         of the United States or specified portions thereof, which waters are located within the boundaries
         of such State. Such application shall specify with particularly the waters, or portions thereof, for
         which a complete prohibition is desired. The application shall include identification of water
         recreational areas, drinking water intakes, aquatic sanctuaries, identifiable fish-spawning and
         nursery areas, and areas of intensive boating activities. If, on the basis of the State's application
         and any other inforination available to him, the Administrator is unable to make a finding that
         the waters listed in the application require a complete prohibition of any discharge in the waters
         or portions thereof covered by the application, he shall state the reasons why he cannot make
         such a findin  g, and shall deny the application. If the Administrator makes a finding that the
         waters listed in the application require a complete prohibition of any discharge in all or any part
         of the waters or portions thereof covered by the State's application, he shall publish notice of
         such findings together with a notice of proposed rule making, and then shall proceed in
         accordance with 5 U.S.C. 553. If the Administrator's finding is that applicable water quality


                                                           15









          standards require a complete prohibition covering a more rntricted or more expanded area than
          that applied for by the State, he shall state the reasons why his finding differs in scope from that
          requested in the State's application.
                 (1) For the following waters the discharge from a vessel of any sewage (whether treated
          or not) is completely prohibited:

                 Boundary Waters Canoe Area, formerly designated as the Superior, Little Indian Sioux, and Caribou
          Roadless Areas, in the Superior National Forest, Nfinnesota, as described in 16 U.S.C. 577-577dl.

          (41 FR 4453, Jan. 29, 1976, as amended at 42 FR 43837, Aug. 31, 19771

          S 140.5 Analytical procedures.

                 In determining the composition and quality of effluent discharge from marine sanitation
          devices, the procedures contained in 40 CFR part 136, "Guidelines Establishing Test Procedures
          for the Analysis of Pollutants," or subsequent revisions or amendments thereto, shall be
          employed.
































                                                           16













0




0                                 Appendix C

     GUIDANCE FOR STATES AND MUNICIPALITIES SEEKING NO-DISCHARGE AREA
               DESIGNATION FOR NEW ENGLAND COASTAL WATERS

0             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                                  REGION I
                           BOSTON, MASSACHUSETTS
0                                JUNE 24, 1991
                             (Revised April 14, 1992)









                                                             Appendix C

             GUIDANCE FOR STATES AND MUNICIPALITIES SEEKING NO-DISCHARGE AREA
                              DESIGNATION FOR NEW ENGLAND COASTAL WATERS



                           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 0                                                            REGION I
                                                 BOSTON, MASSACHUSETTS
                                                           JUNE 24, 1991
                                                     (Revised April 14, 1992)


            Background

            Pollution of estuarine and other near coastal waters has been identified by Federal and state
            environmental agencies as a priority problem in need of immediate attention. While pollution
            from point sources such as sewage treatment plants and industrial facilities appears to be
            diminishing as a result of pollution control programs, there is a growing recognition that
            non-point sources play a significant role in degrading coastal water quality (U.S. EPA, 1990).
            These non-point sources include urban stormwater runoff, agricultural runoff, and leachate from
            malfunctioning septic systems and land disposal.

            Sewage discharges from recreational and commercial vessels with installed toilets (marine
            sanitation devices, or MSDs) also contribute to the degradation of coastal water quality. By
            virtue of provisions in the Clean Water Act, vessel sewage discharges are statutorily defined as
            point sources. However, the diffuse nature of these discharges makes classification of this source
            of pollution as either point or nonpoint problematic. In addition, because there are literally
            thousands of boats traversing freely along thousands of miles of coastline, regulating these
            discharges is extremely difficult.

            Although Federal law requires marine sanitation devices (MSDs) to meet certain discharge
  0         effluent standards, boat owners still discharge treated wastes legally and untreated wastes illegally
            into coastal waters. The discharge of these sewage wastes from boats may degrade water quality
            by (1) introducing microbial pathogens into the environment and (2) locally increasing biological
            oxygen demand (U.S. EPA, 1985). While vessel sewage discharges represent only one of several
            sources of point and non-point pollution, the number of boats using New England coastal waters
  0         has increased substantially during the past decade.' The contribution of boat sewage to total


                I    According to data from U.S. Coast Guard Statistics annual reports, the total number of registered boats in
            the five New England coastal states has grown from 408,453 in 1980 to 594,547 in 1989 - a 46 percent increase.
  41        The Coast Guard data also show that there were 351,181 registered boats in 1975, and 214,020 in 1970. This
            represents a 178 percent increase in boat registrations in New England coastal states between 1970 and 1989. These

                                                                    17









            pathogen loadings and local biological oxygen demand has"grown proportionately.

            A potentially serious problem resulting from vessel sewage discharges is the introduction of
            disease-carrying microorganisms from fecal matter into the coastal environment. Humans are put
            at risk by eating contaminated shellfish and swimming in contaminated waters. The major
            disease-carrying agents are bacteria and viruses, and the most common serious ailment is acute
            gastroenteritis. Other waterborne diseases include hepatitis, typhoid, and cholera (Milliken and
            Lee, 1990). The indicators used to detect sewage pollution are not the pathogens themselves, but,
            rather, coliform bacteria. These bacteria are always present in the human intestinal tract and are
            thus considered reliable indicators of the presence of human waste (U.S. EPA, 1985). Studies
            conducted in Puget Sound, Long Island Sound, Narragansett Bay, and Chesapeake Bay have
            demonstrated that boats can be a significant source of fecal coliform bacteria in coastal waters,
            particularly in areas with high boat densities and low hydrologic flushing (Milliken and Lee,
            1990; JRB Associates, 1980). If coliform levels exceed allowable thresholds, shellfish beds and
            swimming beaches may be closed to minimize the threat of public health problems. In addition,
            shellfish beds and swimming beaches in the immediate vicinity of marinas usually are
            permanently closed because of the potential for contamination by vessel sewage discharges.                  2

            These organic-rich wastes also have the potential to depress oxygen levels as they decay in the
            marine environment. Biological oxygen demand (BOD) is a measure of the dissolved oxygen
            required to decompose the organic matter in the water by aerobic processes. When the loading
            of organic matter increases, the BOD increases, and there is a consequent reduction in the
            dissolved oxygen available for respiration by aquatic organisms (U.S. EPA, 1985). Although the
            volume of wastewater discharged from boats is relatively small, the organics in the wastewater
            are concentrated, and therefore the BOD (1700-3500 mg/1) is much higher than that of raw
            municipal sewage (110-400 mg/1) or treated municipal sewage (5- 100 mg/1) (JRB Associates,
            1981). Sewage discharged from MSDs will thus increase the BOD in the vicinity of boats.
            When this occurs in poorly flushed waterbodies, the dissolved oxygen concentrations of the water
            may decrease (Milliken and Lee, 1990).

            Additional problems associated with boat sewage arise from the use of chemical additives such
            as chlorine, fon-naldehyde and zinc compounds to disinfect on-board sewage. Of the two major
            disinfectant chemicals used in Type I MSI)s - chlorine and formaldehyde - only chlorine has
            been shown to be toxic in the aquatic environment. While formaldehyde is considered a toxic



            figures do not separate boats registered for use in coastal waters from those registered for use in inland waters (Ross,
            1991).


               71   The U.S. Health and Human Services Food and Drug Administration (FDA) through its National Shellfish
            Sanitation Program (NSSP) has established a standard of 14 fecal coliforms/100 ml of water, above which shellfish
            harvesting is prohibited (U.S. Department of Health and Human Services, 1990). Each state establishes its own
            standard for primary contact recreation; most have adopted a standard of 200 fecal coliforms/100 ml.


                                                                   18









         substance, it is completely miscible in water and is readily degradable. Zinc salts are frequently
         used as bacteriostatic agents in Type III MSDs. Zinc has been reported to be lethal to fish and
0        many aquatic plants, and is known to bioaccumulate.
         While a direct link between MSD disinfectants and effects on the environment has not been
         documented, the presence of these chemicals in sufficient concentrations may be of concern QRB
         Associates, 1981). In addition, since the amounts of chemicals added are controlled by the
         individual, excess use may occur.
0        A related problem is the reluctance of some sewage treatment plant operators to accept boat
         sewage because of its concentrated chemical content, which has been thought to reduce the
         effectiveness of many biological treatment processes. Research into the effects of chemical
         disinfectants on sewage treatment processes indicates that this problem has been greatly
0        overstated, and that, in general, most local wastewater treatment plants can handle boat holding
         tank wastes without difficulty (Novak et al, 1990).

         Section 312 of the Clean Water Act

0        Federal statutory authority to regulate vessel sewage discharges and MSI)s was established with
         passage of the Federal Water Pollution Control Act of 1972. This law was amended in 1977
         with passage of the Clean Water Act, and again in 1987 by the Water Quality Act. The statute
         is now commonly referred to as the Clean Water Act.

         Vessel sewage discharges are regulated under Section 312 of the Clean Water Act, entitled
0        "Marine Sanitation Devices." The primary goal of Section 312 is to eliminate the discharge of
         untreated or inadequately treated sewage from vessels into the waters of the United States.
         Section 312 sets forth requirements for MSI)s on boats and enables states to apply to EPA for
         the authority to prohibit discharges of all boat wastes, whether treated or untreated. Its premise
         is that treatment, and in specific locations, prohibition of all vessel sewage discharges will
0        improve water quality and afford additional protection to marine life. In striving to achieve its
         goal, the law also provides additional protection to human health. The regulation of MSI)s is
         of particular importance in coastal embayments where marinas and other boating facilities are
         located because of the high concentration of boats, reduced tidal flushing capacity, and general
         proximity to sensitive resources.

         Marine sanitation devices or MSI)s are holding tank or treatment and discharge systems (T/D)
         that are classified by the Coast Guard as either Type I, Type II or Type III. The basis for these
         classifications is Section 312(b)(1) of the Act, which authorized EPA, with assistance from the
         Coast Guard, to:
0
                 "...promulgate Federal standards of performance for marine sanitation devices which shall
                 be designed to prevent the discharge of untreated or inadequately treated sewage into or
                 upon the navigable waters from new vessels and existing vessels, except vessels not
                 equipped with installed toilet facilities."



                                                         19








          Section 312(b)(1) also directed the Coast Guard to promulgate regulations "governing the design,
          construction, installation, and operation of any marine sanitation device" on board vessels with
          installed toilets. These regulations are published in 33 CFR Part 159, also entitled "Marine
          Sanitation Devices." Type I MSDs (acceptable only for boats 65 feet or less in length) will
          produce an effluent which will not exceed a fecal coliforin bacteria count of 1000 parts per 100
          milliliters and have no visible floating solids. A Type H MSD (required on boats over 65 feet)
          will produce an effluent which does not exceed a fecal coliform bacteria count of 200 parts per
          100 milliliters, and have suspended solids not greater than 150 milligrams per liter. Type III
          MSDs are no-discharge systems, and are designed to prevent the overboard discharge of any
          treated or untreated sewage. Holding tanks are one type of Type III MSD. Type III MSDs are
          the only type acceptable for use in areas designated by EPA as no-discharge areas.

          EPA may grant no-discharge status to those areas that are particularly sensitive to contamination
          and will benefit from a complete prohibition of all vessel sewage discharges. Sections 312(f)(3)
          and (f)(4) describe the statutory requirements for a no-discharge area designation.

          "Standard" No-Discharge Application Designations

          Statutory Requirements - Section 312(f)(3)

          Section 312(f)(3) enables states to apply to EPA for designation of certain waterbodies as
          no-discharge areas. If an application from a state is approved by EPA, the discharge of all
          sewage, whether treated or not, is prohibited within the area designated. Approval is contingent,
          however, upon the certification by the state that "adequate and reasonably available" pump-out
          facilities exist for boaters to use. An application for designation, documenting the need for
          establishing a no-discharge area and presence of "adequate and reasonably available" pump-out
          facilities, must be submitted to EPA for review and approval. The U.S. Coast Guard is the
          agency charged with enforcing MSD regulations and standards; however, when a state's
          application for no-discharge status is approved by EPA, enforcement of the no-discharge standard
          becomes the primary responsibility of the state, and if delegated by the state, the locality in
          which  the designation is in force. Section 312(f)(3) states that:

                 "...if any State determines that the protection and enhancement of the quality of some or
                 all of the waters within such State require greater environmental protection, such State
                 may completely prohibit the discharge from all vessels of any sewage, whether treated or
                 not, into such waters, except that no such prohibition shall apply until the Administrator
                 determines that adequate facilities for the safe and sanitary removal and treatment of
                 sewagefrom all vessels are reasonably available for such water to which such prohibition
                 would apply." (emphasis added)

          The Act originally stipulated that the EPA Administrator make the final determination on all
          no-discharge applications. However, this authority has since been delegated to EPA Regional
          Administrators. Applications for no-discharge area status for any New England coastal waters
          from Maine to Connecticut shall be submitted to EPA Region I headquarters in Boston. While


                                                         20









         the application itself may be prepared by state or local officials, the application submitted to EPA
         must be signed by either the state's governor or chief environmental official.

         There is only one no-discharge area on the entire East Coast. The coastal waters of
         Wareham, Massachusetts, in the northwest comer of Buzzards Bay, received no-discharge
         status early in 1992. However, several New England states have expressed an interest in
         pursuing no-discharge status for selected coastal areas and are working with EPA and
         municipalities to achieve this designation. The majority of the remaining coastal no-discharge
         areas designated under Section 312(f)(3) are located in California. These include: Upper and
         Lower Newport Bay; Sunset Bay; Huntington Harbor; portions of San Diego Bay; Mission
         Bay; Oceanside Harbor; Dana Point Harbor; Avalon Harbor on Santa Catalina Island; Channel
         Islands Harbor, and Richardson Bay. The only other coastal no-discharge area is in Destin
         Harbor on Florida's Gulf Coast.


         Regulatory Requirements - 40 CFR 140.4(a)

         Standards promulgated pursuant to Section 312(f)(3) are found in 40 CFR Part 140.4. Part
         140.4(a) describes the minimum requirements a state must meet in submitting an application
         to prohibit vessel sewage discharges. Under Part 140.4(a), applications made by states
         pursuant to Section 312(f)(3) shall include:

         1)     A certification that the protection and enhancement of the waters described in the
                application require greater environmental protection than the applicable Federal
                standard;

         2)     A map showing the location of commercial and recreational pump-out facilities;

         3)     A description of the location of pump-out facilities within waters designated for no
                discharge;

         4)     The general schedule of operating hours of the pump-out facilities;

         5)     The drought requirements on vessels that may be excluded because of insufficient
                water depth adjacent to the facility;

         6)     Information indicating that treatment of wastes from such pump-out facilities is in
                conformance with Federal law; and

         7)     Information on vessel population and vessel usage of the subject waters.

         Supplemental Requirements - Advisory Guidelines

         To clarify these statutory and regulatory requirements, and to ensure that the Agency has
         enough information to make a sound decision, EPA Region I has developed "advisory


                                                        21









           guidelines" that should be followed when preparing and submitting a no-discharge application.
           These guidelines address both pre- and post-application procedures. Pre-application
           procedures will help state and local officials determine whether a proposed no-discharge area
           meets the necessary criteria, and post-application procedures will enable EPA to make a
           well-informed decision. Meeting the requirements of these "advisory guidelines" is not
           mandatory; an application for no-discharge status will not be denied if the requirements are
           not met.


           The most important requirement a state must meet before receiving an approval for
           no-discharge status for coastal waters is demonstrating that "adequate and reasonably
           available" pump-out facilities are in place and are operational. Before developing an
           application, applicants (whether they are state or local officials) should ascertain whether this
           basic requirement can be met. There is no set ratio or formula to determine the exact number
           of pump-out facilities necessary to serve a given population of boats. However, EPA Region
           I has determined that, in general, a range ratio of one pump-out facility per 450 boats with
           MSDs should be sufficient to meet the demand for pump-out services in most harbor areas.

           EPA Region I recommends that a minimum of one pump-out station per 300 boats with
           MSDs be provided in "transient" harbors (where a larger percentage of boats are 25 feet in
           length and over, and are more likely to have holding tanks), and that a minimum of one
           purnp-out station per 600 boats with MSDs be provided in "parking lot" harbors (where a
           larger percentage of boats are less than 25 feet in length and are less likely to have holding
           tanks). This ratio of pump-out facilities to boats is based on our best professional judgment
           and on the experiences of regulators in other parts of the country where no-discharge area
           standards are in effect.3      EPA Region I intends to remain flexible on this issue, and all no--
           discharge area applications will be reviewed on a case-by-case basis.

           EPA Region I also strongly recommends that applicants demonstrate that adequate sewage
           disposal facilities exist for boats that do not have Type III MSDs (holding tanks). These
           include shoreside restroorn and "dump-out" (for disposal of portable toilet waste) facilities
           that are well maintained and easily accessible from mooring fields and docks/slips within and


               3    Unfortunately, no data exist regarding how many vessels have installed toilets or have Type III MSDs as
           opposed to Type I or 11 MSDs. A 1981 EPA study estimated that "the vast majority of recreational vessels (did)
           not have installed toilets and therefore (had) no M-SD of any type," and that "about 10 percent of all recreational
           vessels can be expected to have installed toilets but that only a portion of these have Type III MSDs." EPA
           estimated that 20 percent of boats between 16 and 26 feet, 50 percent of boats between 26 and 40 feet, and all of
           the vessels over 40 feet had installed toilets with some type of MSD.
                    According to a 1982 study by Rogers and Abbas, it is unlikely that boats under 25 feet have installed toilets
           because of space and power limitations, and those that are equipped with toilets frequently use Type I MSDs or
           portable toilets. Data collected in New Jersey support these findings. When harbormasters and marina operators
           in New Jersey were asked to estimate average size of vessels using pump-out facilities, 57 percent said it was vessels
           over 30 feet and 43 percent said it was vessels over 25 feet. None reported that vessels under 25 feet were using
           their pump-out facility (Tiedemann, 1989).



                                                                     22









         adjacent to the proposed no-discharge area. The provision"bf these facilities is especially
         important in "transient" harbors and other boating areas that service a large number of boats
         with Type I and H MSDs and portable toilets.

         While the regulatory requirements described in 40 CFR Part 140.4(a) provide a good starting
         point in developing a no-discharge application, EPA Region I feels that some of the
         requirements need clarification.

                 The certification referred to in Part 140.4(a)(1) should include a description of specific
                 resources, such as swimming areas, shellfish beds, fish spawning or nursery areas, and
                 endangered or threatened species habitat, that would benefit from additional protection.
                 Applicants are encouraged to provide (if available) whatever fecal coliform. data exists
                 for waters within the proposed no-discharge area (for a minimum of one year
                 preceding the date of application), and other relevant water quality data (e.g., BOD
                 data). The inclusion of this data will enable subsequent improvements in water quality
                 to be measured.


                 The map referred to in Part 140.4(a)(2) should show the location of pump-out facilities
                 within and adjacent to the proposed no-discharge area, as well as the specific resource
                 areas that need additional protection. EPA Region I also encourages applicants to
                 show on the map the location of restroorn and "dump-out" facilities located on shore
                 adjacent to the proposed no-discharge area.

                 The description referred to in Part 140.4(a)(3) should be in the form of a written
                 narrative that supplements the map described above. In addition to describing the
                 number and location of the pump-out facilities, applicants should identify the owners
                 and/or operators of each facility (whether public or private), the operating capacity of
                 each facility (e.g., maximum number of pump-outs per hour/day based on pumping
                 rate and sewer system/holding tank capacity), and accessibility of each facility
                 (whether pump-out services are provided only to marina customers or open to all
                 boaters). Applicants should also provide a similar description of restroorn and
                 "dump-out" facilities located on shore adjacent to the proposed no-discharge area.

                 In addition to the requirements in Part 140.4(a)(4), applicants should provide
                 maintenance plans for the pump-out facilities and a description of the fees (if any)
                 charged for their use.

                 Part 140.4(a)(5) basically requests that applicants describe the mean low water depth
                 of waters adjacent to pump-out facilities and the percentage or actual number of boats
                 that would be prevented from using facilities due to their drought requirements. In
                 general, pump-out facilities should be located where adjacent water depths will not
                 prevent any boats from using them.

                 The information required in Part 140.4(a)(6) should consist of a written description of


                                                        23









                the method(s) that will be used to dispose of sewago- collected from vessels, including
                discharge to a municipal sewage system or regularly scheduled collection by a licensed
                septage hauler. If holding tank waste is to be collected by a septage hauler, applicants
                are advised to ensure that the waste is disposed of in an acceptable manner.

                The information required under Part I*40.4(a)(7) should consist of the total number of
                recreational and commercial vessels that use the waters within the proposed
                no-discharge area on a regular basis, both year-round and seasonally, and on a
                transient basis (the maximum number of boats experienced during a summer holiday
                weekend). Applicants should also provide the actual or estimated number or
                percentage of boats with Type III MSDs. Remember, EPA Region I's suggested range
                ratio of pump-out facilities to boats is based on boats with holding tanks.

         EPA Region I also feels that some additional information is desirable and would facilitate the
         review and approval process. We encourage all applicants to provide additional information,
         including:

                A brief description of existing point source discharges (such as sewage treatment
                plants, industrial direct dischargers, CSOs, and separate stormwater pipes) that either
                impact or have the potential to impact water quality within the proposed no-discharge
                area. The fact that other potential pollution sources exist does not justify exclusion
                from consideration for no-discharge status.

                A summary of existing or proposed local ordinances enacted to enhance regulation of
                vessel sewage discharges.

                A description of how the prohibition on vessel discharges will be enforced once
                Federal no-discharge status has been granted.

                A description of a public information program that will be used to educate boaters
                about the environmental impacts of boat sewage discharges, availability of pump-out
                and dump-out facilities, and which areas are designated as no-discharge areas.

         "Special" No-Discharge Application Designations

         Statutory Requirements - Section 312(t)(4)(A)

         Another provision of Section 312 that deals with prohibition of vessel sewage discharges is
         Section 312(f)(4)(A). This subsection states thav

                "If the Administrator determines upon application by a State that the protection and
                enhancement of the quality of specified waters within such State requires such a
                prohibition, he shall by regulation completely prohibit the discharge from a vessel of
                any sewage (whether treated or not) into such waters." (emphasis added)


                                                      24









         The legislative intent of Section 312(f)(4)(A) is that it is to' be used in "extremely limited
         circumstances such as would be found in national parks, national wilderness areas, and
 0       national recreation areas." (emphasis added) It is not intended to provide states with a way to
         circumvent the requirements of Section 312(f)(3) for adequate pump-out facilities in areas
         where such facilities could be made available. The Boundary Waters Canoe Area in
         Minnesota is the only waterbody in the United States that has been granted no-discharge
         status under Section 312(f)(4)(A). EPA will uphold the original intent of this provision by
 0       considering only those Section (f)(4)(A) applications that meet these strict requirements.

         An important difference between Sections 312(f)(3) and (f)(4)(A) is that, under the former, it
         is the state that makes the determination that the waters within the proposed no-discharge area
         require greater protection. The state only has to demonstrate that "adequate and reasonably
 40      available" pump-out facilities exist. Under Section 312(f)(4)(A), the primary criterion for
         no-discharge designation is the need for additional protection. EPA evaluates the application
         based on this criterion, not on whether pump-out facilities are present.

         Regulatory Requirements - 40 CFR 140(b)
 0       Standards pursuant to Section 312(f)(4)(A) are found in 40 CFR Part 140.4(b). Under Part
         140.4(b):

                 "A State may make a written application to (EPA), under Section 312(f)(4) of the Act,
                 for the issuance of a regulation completely prohibiting discharge from a vessel of any
 0               sewage, whether treated or not, into particular waters of the United States or specified
                 portions thereof, which waters are located within the boundaries of such State. Such
                 application shall specify with particularly the waters, or portions thereof, for which a
                 complete prohibition is desired. The application shall include identification of water
                 recreational areas, drinking water intakes, aquatic sanctuaries, identifiable
                 fish-spawning and nursery areas, and areas of intensive boating activities."

         Supplemental Requirements - Advisory Guidelines

         As is the case with 40 CFR Part 140.4(a), some of the requirements described in Part
         140.4(b) need further clarification. Again, meeting the requirements of these "advisory
         guidelines" is not mandatory; an application for no-discharge status under Section
         312(f)(4)(A) will not be denied if the requirements are not met.

                 The "description of the waters, or portions thereof' should consist of both a map
 0               delineating the area to be designated as no-discharge, and a written narrative. The
                 map should also show the resource areas that are required to be identified and.those
                 described below.


                 In addition to identifying the resources required under Part 140.4(b), applicants should
                 also describe other resources, such as shellfish beds and areas used by endangered or


                                                        25









                 threatened species, that will benefit from a complete prohibition of vessel sewage
                 discharges. Applicants are encouraged to provide whatever fecal coliform data exists
 0               for waters within the proposed no-discharge area (for a minimum of one year
                 preceding the date of application), and if available, other relevant water quality data
                 (e.g., BOD data). The inclusion of this data will enable subsequent improvements in
                 water quality to be measured.

                 In addition to identifying "areas of intensive boating activities," applicants should
                 provide information on the total number of recreational and commercial vessels that
                 use the waters within the proposed no-discharge area on a regular basis, both
                 year-round and seasonally, and on a transient basis. Applicants should also provide
                 the actual or estimated number or percentage of boats with Type In MSDs.
 40       Although not specified in Part 140.4(b), additional information would also be helpful in
          determining the applicability of a Section 312(f)(4)(A) designation for specified coastal
          waters. EPA encourages applicants to provide additional information, including:
 0               A map and written description of pump-out facilities within and adjacent to the
                 proposed no-discharge area. The location of facilities could be shown on the same
                 map that is used to delineate the proposed no-discharge area and resource areas.

                 A brief description of existing point source discharges (such as sewage treatment
                 plants, industrial direct dischargers, CSOs, and separate stormwater pipes) that either
 0               impact or have the potential to impact water quality within the proposed no-discharge
                 area. The fact that other potential pollution sources exist does not justify exclusion
                 from consideration for no-discharge status.

                 A summary of existing or proposed local ordinances enacted to enhance regulation of
 0               vessel sewage discharges.

                 A description of how the prohibition on vessel discharges will be enforced once
                 Federal no-discharge status has been granted.

 0               A description of the public information program used to educate beaters about the
                 environmental impacts of boat sewage discharges, availability of pump-out and
                 dump-out facilities, and which areas are designated as no-discharge areas.

          General Guidance


          A good rule of thumb to follow in preparing applications under either subsection is to provide
          EPA with as much information as possible. We also encourage applicants to submit a draft
          application to us before the final application is submitted so we can verify that 0 the
          necessary information is included. This measure is intended to streamline the process so that
          when the final application is submitted by the state governor or chief environmental official it


                                                         26









         is less likely to be returned by EPA for corrections.

         Enforcement of No-Discharge Areas

         Enforcement Authority - Section 312(k)

         EPA feels that two of the most important factors in successfully implementing a no-discharge
         program are providing "adequate and reasonably available" pump-out facilities and conducting
         a comprehensive boater education program. The third important factor is an effective
         enforcement program. Enforcement of the standards promulgated pursuant to Section 312 is
         covered under Section 312(k) of the Act. Section 312(k), as amended, states that:

                "The provisions of this section shall be enforced by the Secretary of the department in
                which the Coast Guard is operating and he may utilize by agreement, with or without
                reimbursement, law enforcement officers or other personnel and facilities of the (EPA)
                Administrator, other Federal agencies, or the States to carry out the provisions of this
                section. The provisions of this section may also be enforced by a State." (emphasis
                added)

         Section 312(k) basically provides three methods of enforcement: (1) the Secretary of the
         Department in which the Coast Guard is operating shall enforce; (2) Federal and state
         officials may be enlisted to enforce by agreement between the Coast Guard and state or
         agency; and (3) the states may enforce. Due to resource constraints, however, the Coast
         Guard has been unable to effectively enforce marine sanitation standards for recreational and
         small commercial vessels. To compensate for the lack of enforcement, the Coast Guard has
         entered into agreements with states to share enforcement responsibilities.

         In New England, the Coast Guard has a "statement of understanding" with each of the five
         coastal states authorizing them to enforce Federal boating safety standards and forward reports
         of violations to the Coast Guard for disposition. Under the terms of the agreement, f7be
         State has primary law enforcement responsibility concerning recreational vessels on the waters
         subject to the jurisdiction of the State." Further, "Violations of Federal safety standards for
         boats and associated equipment detected by State marine law enforcement officers will be
         reported to the Coast Guard for disposition." (emphasis added) While the agreement does
         not state so explicitly, the Coast Guard maintains that their intent is that the state, in addition
         to assuming responsibility for enforcement of boating safety standards, may also assume
         responsibility for enforcement of MSD and vessel sewage discharge regulations.

         EPA Region I strongly encourages states to opt to undertake enforcement of MSD and vessel
         sewage discharge regulations. Under present law, all revenues gained through enforcement of
         Federal MSD standards and regulations must revert to the U.S. Treasury. Proposed
         amendments to the Clean Water Act would, however, enable states and municipalities to
         retain fines collected through enforcement of Federal vessel sewage discharge regulations.



                                                      27









         Under the third method, however, state governments may pass laws that will enable state
         enforcement officials to asses penalties and collect fines for violations of Federal standards.
 0       Since the 1977 amendment had already provided for state enforcement by agreement with the
         Coast Guard, the addition of state authority to enforce in the 1987 amendment means that, in
         order to avoid impermissible redundancy, the amendment grants to states a different power
         from that granted under the aforementioned "statements of understanding." The language of
         the last sentence of subsection (k) grants states enforcement authority without qualification.
 0       States may also delegate enforcement authority to local enforcement officials, such as
         harbormasters, police and health officers. Although political subdivisions of states may not
         assess their own penalties, states may share the penalties assessed for violation of state laws
         enforcing Federal marine sanitation standards with those subdivisions and law enforcement
 0       agencies to whom they have delegated their enforcement authority. This will enable states
         and local subdivisions to receive some monetary compensation for enforcement of Federal
         standards.


         Federal Preemption - Section 312(f)(1)
 0       An important issue regarding the enforcement of vessel sewage discharge statute and regulations
         is described in Section 312(f)(1)(A), which preempts any state or local regulation of MSDs.
         Section 312(f)(1)(A) states in relevant part:

                 "After the effective date of the initial standards and regulations promulgated under this
 0               section, no State or political subdivision thereof shall adopt or enforce any statute or
                 regulation of such State or political subdivision with respect to the design,
                 manufacture, or installation or use of any marine sanitation device on any vessel
                 subject to the provisions of this section." (emphasis added)

 0       Section 312(f)(1)(A) indicates the express intent of Congress to preempt the standards for
         marine sanitation with certain limited exceptions, but since 1987 the statute has expressly
         permitted state enforcement of Federal standards. While enforcement was initially entrusted
         to the Coast Guard, the statute "left room" for exceptions to Federal enforcement in the
         houseboat and no-discharge area provisions of subsections (f)(1)(B) and (f)(3), and in
 0       subsection (k) for delegation of enforcement of states by cooperation agreements. In the 1987
         amendment to Section 312(k) Congress expressly provided for independent state enforcement
         of Federal standards.


         A complete prohibition of vessel discharges clearly falls under the category of regulating the
 0       use of MSDs. 'nis further clarifies that only the Federal government may confer
         no-discharge status on coastal waters. As stated previously, however, once Federal approval
         has been received, enforcement of no-discharge areas is the primary responsibility of state and
         (if delegated) local authorities.

 0       Enforcement Methods - Section 312(l)

                                                         28









         In accepting responsibility for enforcement of these provisions, a state may further delegate
         enforcement authority to local enforcement officials such as police and conservation officers,
0        harbormasters, and public health officials. Enforcement actions may simulate those taken by
         Coast Guard officials at the Federal level. According to Section 312(l):

                 "Anyone authorized by the Secretary of the department in which the Coast Guard is
                 operating to enforce the provisions of this section may, except as to public vessels, (1)
                 board and inspect any vessel upon the navigable waters of the United States and (2)
                 execute any warrant or other process issued by an officer or court of competent
                 jurisdiction."

         Officials charged with enforcing no-discharge areas elsewhere in the country have developed
         innovative enforcement methods. One such method involves placing fluorescent dye tablets
         in the holding tanks and marine heads of vessels. If the head is discharged illegally within
         the no-discharge area, the effluent is readily identifiable and penalties can be assessed.
         Officials in Avalon Harbor, California have issued 132 citations for illegal discharges since
         their dye tablet program was initiated in 1988, and the number of violations has been steadily
         decreasing. Another method involves securing the Y-valve (which allows direct overboard
         discharges) in a closed position when in the designated area. Marinas and other boating
         facilities located within no-discharge areas can prohibit sewage discharges and require the use
         of pump-out facilities as a condition for mooring and slip rentals. On New Hampshire's Lake
         Winnipesaukee, marina operators are held accountable by state law for launching boats which
         are capable of discharging sewage wastes.

         An important component of any enforcement program is informing boaters and
         marina/docking facility operators of the regulatory requirements. Educational strategies
         include: (1) posting large signs visible to boats entering or moored in the harbor area stating
         that the harbor is a no-discharge area; (2) providing boaters with written notices of the
         harbor's no-discharge status when collecting mooring fees; and (3) listing the locations of
         coastal no-discharge areas and pump-out facilities in boater safety and educational brochures
         distributed to boaters through vessel registration programs and with other mailings which
         target boaters. Coast Guard Auxiliary, Power Squadron, and local boating association safety
         courses can incorporate environmental education on proper MSD use and provide information
9        regarding the location of no-discharge areas.

         Summary

                 Section 312(f)(1)(A) expressly preempts state legislation setting state standards for the
                 design, manufacture, installation, or use of a MSD on any vessel.

                 As amended in 1987, Section 312(k) permits states to enact state laws to enforce
                 Federal standards with respect to design, manufacture, installation, or use of a MSD
                 for all vessels.




                                                         29









                These state statutes must incorporate the exact standards provided in Section 312 of
                the Clean Water Act.


                As a normal aspect of enforcement states may assess their own penalties for violations
                under state law of Federal marine sanitation standards.


                Section 312(k) does not authorize the political subdivisions of states to enact
                ordinances to enforce Federal MSD standards or to assess penalties.

                By their statutes states may delegate the authority given to them by Section 312(k) to
                help enforce Federal marine sanitation standards to local police, harbormasters, and
                other enforcement personnel.

                Although political subdivisions of states may not assess their own penalties, states may
                share the penalties which they assess for violations of their laws enforcing Federal
                marine sanitation standards with those subdivisions and law enforcement agencies to
                whom they have delegated their enforcement authority.

                Only no-discharge areas approved by EPA are legally enforceable; once EPA approval
                has been received, enforcement is the primary responsibility of state and (if delegated)
                local officials.


































                                                        30










                                           BIBLIOGRAPHY


        JRB Associates, Inc. 1981. Analysis of Wastewater Discharge from Marine Sanitation
        Devices. Final Report prepared for the Environmental Protection Agency by JRB Associates,
        Inc., McLean, VA.

        Milliken. A.S., and Lee, V. 1990. Pollution Impacts from Recreational Boating. Rhode
        Island Sea Grant, University of Rhode Island Bay Campus, Narragansett, P1.

        Novak, J.T., McDaniel, C.R., and Howard, S.C. 1990. The Effect of Boat Holding Tank
        Chemicals on Treatment Plant Performance. Research Journal Water Pollution Control
        Federation 62(3):288-295.

        Ross, N. W. 1991. Personal communication. International Marina Institute, Wickford, R1.

        Tiedemann, J. 1989. Pump It or Dump IM An Analysis of the Sewage Pumpout Situation
        in the New Jersey Coastal Zone. New Jersey Sea Grant Marine Advisory Service, Rutgers
        Cooperative Extension, Toms River, NJ.

        U.S. Environmental Protection Agency. 1985. Coastal Marinas Assessment Handbook. U.S.
        EPA, Region IV, Atlanta, GA.

        U.S. Environmental Protection Agency. 1990. National Water Quality Inventory, 1988
        Report to Congress. U.S.
        EPA, Washington, DC.

        U.S. Department of Health and Human Services, Food and Drug Administration. 1990.
        NSSP Shellfish Sanitation Program, Manual of Operations, Part 1, Sanitation of Shellfish
        Growing Areas. Washington, DC.


















                                                   31









                                                   Appendix A

         Conunon questions related to the use of MSDs and no-discharge areas.

         1)      Q:     What waters are eligible for no-discharge status?
                 A:     All navigable waters of the United States are potentially eligible for
                        no-discharge status.

         2)      Q:     Who can confer no-discharge status on coastal waters?
                 A:     The EPA Regional Administrator for the EPA Region in which the
                        no-discharge area is sought.

         3)      Q:     Who can prepare and submit a no-discharge area application?
                 A:     Anyone may prepare an application, but it must be signed and submitted by the
                        governor or chief environmental official of the state in which the prohibition is
                        being sought. If the proposed no-discharge area includes waters under the
                        jurisdiction of more than one state, the governors or chief environmental
                        officials from each of the states must sign the application. All no-discharge
                        applications shall be submitted to the Regional Administrator for the EPA
                        Region in which the no-discharge area is being sought.

         4)      Q:     What information must be included in the application?
                 A:     The minimum requirements aie described in 40 CFR Part 140.4(a). These
                        requirements and suggested additional information are described in further
                        detail in this guidance document. If you would like to see examples of
                        previous no-discharge area applications, contact EPA Region I or water quality
                        officials from those states where Federal no-discharge areas have been
                        conferred for coastal waters (e.g., California and Florida).

         5)      Q:     Can treated boat sewage be discharged in a no-discharge area?
                 A:     No. The discharge by vessels of all sewage, whether treated or not, are
                        prohibited in a federally designated no-discharge area. Y-valves for
                        through-hull discharges must be set in the closed position and must be secured.
                        Type I and 11 MSDs cannot be used, and portable toilets must be emptied in
                        shoreside restrooms or dump-out facilities.

         6)      Q:     What is "graywater," and are discharges of "graywater" prohibited in a
                        no-discharge area?
                 A:     Graywater is defined in Section 312(a)(I 1) as "galley, bath and shower water."
                        Discharges of graywater are not prohibited in no-discharge areas designated
                        pursuant to Section 312(f)(3).

         7)      Q:     I want to do the right thing, but I can't find a pump-out facility. What should
                        1 do?



                                                         32









                A:     Use marinas that provide pump-out services., Also, seek out and use shoreside
                       facilities. Regionally, EPA is encouraging the installation of pump-outs
                       facilities at both private and public docks and marinas. Several New England
                       states have in place or are proposing policies or regulations that will lead to an
                       increased number of pump-out facilities. One of the reasons marinas don't
                       provide pump-out services is because they claim there is no demand for them -
                       demand them! The Clean Water Act requires untreated wastes (those that pass
                       directly through the hull without any treatment) to be discharged outside the
                       three-miles territorial water limit. If you have a holding tank and no pump-out
                       facilities exist in your boating area, and your boating area is not a no-discharge
                       area and you must discharge sewage, you must do so at least three miles from
                       shore. If you have a Type I or H MSD, you should discharge in an area of
                       great dilution and flushing, and away from any swimming beaches, shellfishing
                       areas, or other important resource areas.

         8)     Q:     How much does it cost to install an MSD on my boat?
                A:     Holding tanks start at around $100. By comparison, treatment/discharge
                       systems classified as Type I or 11 MSDs start at $600.

         9)     Q:     If additives are toxic to the environment, what can boaters and marina
                       operators do?
                A:     There are now additive products or. the market that are alcohol-based and are
                       the most environmentally benign products available. Marina operators can
                       choose to sell only those additives that contain non-toxic ingredients.

         10)    Q:     How much does it cost for a marina to purchase and install a pump-out
                       facility?
                A:     Costs for the pump-out assembly alone range from under $500 for a manual
                       version to $2500-3500 for electric powered units. The total installed cost of
                       most commercially manufactured systems ranges from $4000 to $8000.
                       Inexpensive "home-made' systems can also be built for marinas that service a
                       small number of boats with holding tanks.














                                                       33









                                                  Appendix B

         List of Federal and state agency contacts for questions about MSD laws, regulations, and
         standards.


         U.S. Environmental Protection Agency


         Mel Cote                                               Lee Doggett
         EPA Region I                                           Casco Bay Estuary Project
         JFK Federal Building - WQE 425                         Dept. of Environmental Protection
         Boston, MA 02203                                       312 Canco Road
         (617) 565-4870                                         Portland, ME 04103
                                                                (207) 879-6300
         Jonathan Amson
         U.S. EPA                                               Deerin Babb-Brott
         WH-556F                                                Southern Maine Regional Planning 401
         M Street, NW                                           Commission
         Washington, DC 20460                                   P.O. Box Q
         (202)-475-7125                                         Sanford, ME 04073
                                                                (207) 324-2952

         U.S. Coast Guard                                       New Hampshire

         Lt. Robert Hazelton                                    Richard Flanders, Supervisor
         First Coast Guard District (mep)                       NH DES
         Capt. John Foster Williams Bldg                        Division of Water Supply and 408
         Atlantic Ave.                                          Pollution Control
         Boston, MA 02210-2209                                  Water Quality Section
         (617) 223-8083                                         P.O. Box 95, 6 Hazen Dr.
                                                                Concord, NH 03301
                                                                (603) 271-3571
         Chief Robert Haggerty
         U.S. Coast Guard                                       Don Chesebrough
         Marine Safety Office - Providence                      NH DES
         John 0. Pastore Federal Bldg                           Division of Water Supply and
         Providence, RI 02903-1790                              Pollution Control
         (401) 528-5335                                         Water Quality Section
                                                                P.O. Box 95, 6 Hazen Dr.
         Lt. Erik Washburn                                      Concord, NH 03301
         Cape Cod Detachment                                    (603) 271-3571
         USCG Marine Safety Office
         USCGAS Building 3434
         Otis ANGB, NXA 02542-5024
         (508) 968-5556


                                                       34











         Maine                                                 Massachusetts


         Henry Nichols                                         Brian Donahoe, Director
         DECD                                                  MA DEP
         Maine Coastal Program                                 Division of Water Pollution Control
         State House Station 130                               1 Winter Street
         Augusta, ME 04333                                     Boston, MA 02108
         (207) 289-6800                                        (617) 292-5635


         Rhode Island                                          Jan Smith
                                                               Massachusetts Coastal Zone Mgmt
         Joe Migliore                                          100 Cambridge Street, 20th Floor
         R-1 DEM                                               Boston, MA 02202
         Division of Water Resources                           (617) 727-9530
         291 Promenade Street
         Providence, RI 02908                                  Connecticut
         (401) 277-3961
                                                               Paul Stacey
                                                               CT DEP
                                                               Bureau pf Water Quality
         Jeff Willis                                           122 Washington St.
         RI Coastal Resources Management Council               Hartford, CT 06106
         Oliver Steadman Government Center                     (203) 566-7049
         4808 Tower Hill Rd.
         Wakefield, RI 02879                                   Christine Olson
         (401) 277-2476                                        CT DEP
                                                               Bureau of Water Quality
                                                               122 Washington St.
                                                               Hartford, CT 06106
                                                               (203) 566-6690



         List of other contacts with information on MSDs and no-discharge areas.

         Jay Tanski                                            Nell Ross
         New York Sea Grant Extension Program                  International Marina Institute
         Nassau Hall, Room 125                                 35 Steamboat Ave.
         State University of New York                          Wickford, RI 02852
         Stony Brook, NY 11794-5002                            (401) 294-9558
         (401) 792-6224


         Note: For further information on any issues raised in this document, or copies of cited
         articles, contact Mel Cote at EPA Region I at (617) 565-4870.


                                                      35






9






0





0                                          Appendix D

                           New Hampshire Classification of Water Bodies



0






0





0





0













0












0









                                                  Appendix D
                                 New Hampshire Classification of Water Bodies
 0
         Class B Waters


         Class B waters "shall be of the second highest quality and shall have no objectionable
         physical characteristics, shall contain a dissolved oxygen content of at least 75 percent of
         saturation, and shall contain not more than either...126 Escherichia coli per 100 milliliters, or
         greater than 406 E. coli per 100 milliliters.... There shall be no disposal of sewage or waste
         into said waters except those which have received adequate treatment to prevent the lowering
         of the biological, physical, chemical or bacteriological characteristics below those given
         above, nor shall such disposal of sewage or waste be inimical to aquatic life.... [These]
         waters shall be considered as being acceptable for fishing, swimming and other recreational
         purposes and, after adequate treatment, for use as water supplies ......

         Class C Waters

 0       "The waters in temporary partial use areas established under paragraph U [Class BI shall be
         free from slick, odors, turbidity, sludge deposits, and surface-floating solids of unreasonable
         kind or quantity, shall contain not less than 5 parts per million of dissolved oxygen ... and shall
         be free from chemicals and other materials and conditions inimical to aquatic life or the
         maintenance of aquatic life. nese criteria shall apply during combined sewer overflow
         discharges and up to 3 days following cessation of said discharge .... At all other times the
         standards and uses specified in paragraph II [Class B] shall apply ....





















 0


                                                        36



 0






 0






 0



 0                                          Appendix E


                                    Maryland's 'Trial Balloon':
 0                   Methodology for the Determination of "No Discharge" Zones



 0






 0






 0






 0






 0












 0









                                                 Appendix E

                                        Maryland's 'Trial Balloon':
                       Methodology for the Determination of "No Discharge" Zones



         Area Identification


                Clearly describe the boundaries of the area under consideration.



         Area Description

                Describe the vessel population and vessel usage of the specified area.



         Certification


         Provide a statement justifying the need for a "No Discharge" zone. Include any sensitive area
         factors that deserve special consideration. This would include, but is not limited to, factors
         noted in the Maryland Department of Natural Resources report, "Sensitive Areas in the
         Chesapeake Bay, Tributaries and Coastal Bays."

         There may be special circumstances when a resource sensitive area should be designated a
         "no discharge" zone even though no pump-out exists in the vicinity - e.g. an estuarine
         sanctuary. In such cases, the areas are pristine and unpopulated by boats and it should not be
         necessary to meet the below criteria to qualify for "no discharge" designations.


         Purno-out Facility Oualifications

         Only pump-out facilities that fit four criteria qualify for consideration:

                - The pump-out facility must have at least 5' of water at the pump-out.

                - The fee for a pump-out must not be greater than $15.00.

                - The pump-out must be open at least 6 days a week, eight hours a day. Additionally,
                the pump-out must be open Friday, Saturday and Sunday.

                - The treatment of all waste at the pump-out facility must be in compliance with
                federal law.





                                                       37










         Pump-out-Availability

         Utilizing only facilities that meet all the above criteria, three pump-out availability factors are
         rated to determine a percentage score for overall eligibility as a "No Discharge" zone:

         - Pump-outs/1-lomeported Vessels (>24')                100 points

         - Pump-out Proximity                                   100 points

         - Waiting Time                                         100 points

                                                                300 points    100%

         - Pump-outs/Homeported vessels (>24') ratio:

                   Ratio                   Points


                   1/1    1/50             100
                   1151     1/100          90
                   1/101 - 11150           80
                   11151 -  1/200          70
                   1/201 -  1/250          60
                   1/251 -  1/300          50
                   1/301 & Below           0


                   - Pump-out Proximity:

                   Utilizing information on all marinas within the proposed "No Discharge" area
                   (including the numbers of wet and dry slips and moorings), determine the distance
                   90% of the vessels need to travel to be pumped out. Explain any special
                   circumstances (such as a marina that is normally passed by vessels from more
                   distant marinas).


                   Distance to PIO         Points


                    0 - 2 Miles            100
                   >2 - 3 Miles            90
                   >3 - 4 Miles            80
                   >4 - 5 Miles            70
                   >5 Miles                  0


                   - Waiting Time:

                   Utilizing 4:00 pm - 7:00 PM on Sundays as the peak hours for vessels to pump out,


                                                        38








                     determine the approximate waiting time for a vessel requiring a pump-out. The
                     following "worst case" assumptions are made:

                         - The boating season is 26 weeks (April 15 - October 15).

                         - All vessels >24' are assumed to have holding tanks.

                         - Each Vessel >24' will be pumped out 4 times per season (every 6.5 weeks).

                         - Each pump-out will take 15 minutes.

                         - 25% (1/4) of the vessels will be pumped out between 3 pm and 7 pm on
                         Sundays. The other 75% (3/4) will be pumped out during all other times.
                         Waiting time, therefore, is most critical during. Sunday afternoons.

                     Utilizing the above assumptions, factor the number of homeported vessels >24' and
                     the number of available pump-outs (with their operating hours) to determine an
                     estimated waiting time:



                     Waiting Time            Points



                     0 - 5 minutes           100
                     >5 - 10 minutes         90
                     >10 - 15 minutes        80
                     >15 - 20 minutes        70
                     >20 minutes             0



          Area Identification


          This "No Discharge" zone "trial balloon" application is for inside the area from a point in latitude
          39'08'43.0"N, longitude 76'16'42.5"W (Swan Point) 262' true to a point in latitude 39'08'25.4"N,
          longitude 76'19'22.2"W (Buoy R "10" QR), thence 155' true to a point in latitude 39006'36.5"N,
          longitude 76'18'15.4"W (Buoy G "T' F1 G 6), thence 0790 true to a point in latitude
          39*07'07.7"N, longitude 76"14'51.4"W (Huntingfield Point), thence along the shore to the point
          of origin, latitude 39'08'43.0"N, longitude 76'16'42.5"W (Swan Point).

          This area includes Tavern Creek, Swan Creek/The Haven, Rock Hall Harbor, Huntingfield Creek
          and the described portion of the Chesapeake Bay (to the ship's channel).





                                                           39










         Area Description


         In the described area, there are 422 homeported vessels >24' and a total of 1,335
         slips/moorings available at 14 marinas.



         Certification


         The entire Chesapeake Bay and its tributaries are in need of the extra protection afforded by a
         "No Discharge" zone. Specific sensitive area factors in the subject area include high vessel
         density, oysters, blue crabs and SAV. Additionally this area is a spawning and nursery area for
         bay anchovy and Atlantic menhaden.



         Pump-out Facility Oualifications


         There are four pump-out facilities in the subject area. All are open 7 days a week, at least 8
         hours a day. The maximum price charged for a pump-out is $5.00 and each has at least 6
         feet of water at the pump-out. Three of the pump-out facilities were pump-out grant
         participants and are, therefore, in compliance with federal law. Sewage treatment at the
         fourth marina (Haven Harbor) is unknown. However, this would be checked prior to
         submittin-, a "No Discharge Zone" application.



         Pump-out Availability


                     Pump-outs/Homeported Vessels (>24') ratio:


                    Body of Water          Vessels >241                                        Pump-outs

         Rock Hall Harbor                  245                                                          2
         Swan Creek/The Haven              177                                                          2
         Huntingfield Creek                  0
         Tavern Creek                        0
                                           422                                                          4



                     Ratio of Pump-outs/Homeported Vessels (>24') - 1/105.5







                                                        40









                    Pump-out Proximity
                                                                                     #Slips/     Pump-out
                Facility                              Body of Water               Moorings         On-Site
         1)     Swan Creek Marina                     Swan Creek                        141
                Yard A


         IA)    Swan Creek Marina                     Swan Creek                          31
                Yard B


         IB)    Spring Cove Public                    Swan Creek/                           0
                Landing                               The Haven

         IC)    Spring Cove Marina                    Swan Creek/                        120
9                                                     The Haven

         2)     Gratitude Boat Sales                  Swan Creek                          38
0        3)     Gratitude Marina                      Swan Creek                         100              1
         4)     Haven Harbor Marina                   Swan Creek/                        200              1
                                                      The Haven


         5)     Rock Hall Marine                      Rock Hall                           30
0               Railway                               Harbor

         5A)    Pelorus Marina, Inc.                  Chesapeake Bay
                                                      at Rock Hall
                                                      Harbor                              50              1


         5B)    Fin, Fur & Feather                    Rock Hall Harbor                      8


         5C)    Cain's Wharf                          Rock Hall Harbor                    28

         5E)    Windmill Point Marina                 Rock Hall Harbor                   149

         6A)    The Sailing Emporium                  Rock Hall Harbor                   150

         6B)    Rock Hall Landing Marina              Rock Hall Harbor                   130              1

         6C)    County Launching Ramp                 Rock Hall Harbor                      0

         7)     Osprey Point Marina                   Swan Creek/
                                                      The Haven                          160
0                                                                                       1335              4

                                                            41









          Of the 1335 total available slips/moorings, 480 (36%) are'located directly at pump-out
         facilities.


         - All other marinas are located within two miles of a pump-out facility.

         - Score: 100 points



         Waiting Time


         - Homeported vessels >24' - 422.

         - Total number of times these vessels will be pumped out - 1,688 (422 vessels X 4 pump-outs
         per season).

         - Total number of times vessels will be pumped out on Sunday afternoons - 422 (1,688 X 1/4).

         -Total number of pump-outs every Sunday - 16 (422 total pump-outs divided by 26 weeks).

         - Number of marinas with pump-outs - 4.

         - Number of Sunday afternoon pump-outs per marina - 4.

         - Number of total hours doing pump-outs (for all marinas with pump-outs) each Sunday
         afternoon - 4 (16 pump-outs X 15 minutes per pump-out).

         - Average time per marina doing pump-outs - 1 hour.

         - Pump-out facility information:
                 - Sunday afternoon closing times:

                        - Gratitude Marina-                   5:00 pm
                        - Haven Harbor Marina -               5:00 pm
                        - Rock Hall Landing Marina -          6:00 pm
                        - Pelorus Marina -                    5:00 pm

                 - 9 total hours of pump-out service is available from these four marinas on Sunday
                 afternoons between 3:00 - 6:00 pm. See below:

                                Gratitude -                   2 hours
                                Haven Harbor -                2 hours
                                Rock Hall Landing -           3 hours
                                Pelorus -                     2 hours
                                                              9 total hours



                                                          42









                   Waiting Time Summary & Conclusion:

                         - In Rock Hall, approximately 16 vessels will be pumped out every Sunday from
                         3:00 prn - 6:00 prn during the boating season.

                         - With 4 pump-out facilities in Rock Hall, each marina will do 4 pump-outs during
                         this time period.

                          With each pump-out taking 15 minutes, each marina will be devoting one hour to
                         pump-outs. For three of the marinas, there will be an additional hour when no
                         vessels will be using the pump-out and for the fourth marina there will be two
                         hours when the pump-out facility will not be used.

                           With the pump-out facilities being in use only 1/3 to 1/2 of the available hours
                         on Sunday afternoons, waiting time for a vessel to get pumped out is estimated at
                         no longer than 10 - 15 minutes. Waiting time during other operating hours should
                         be insignificant.

                           Score: 80 Points


         Summary


             Criteria                        Raw Score                               Points


           Pump-outs/Homeported
         Vessels (>24')                      11105.5                                 80

         - Pump-out Proximity                100% of slips/
                                             moorings within
                                             2 miles                                 100


         - Waiting Time                      10 - 15 minutes                         80
                                                                                     260/300    87%















                                                            43






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                          References





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                                                   References



         Baczynski, Bob. Permits, New Hampshire Department of Environmental Services. Personal
                communication, October 8, 1992.

         Belknap, Lyle. Law Enforcement Division, Department of Natural Resources, Michigan.
                Personal communication, September 29, 1992.

         Bottone, Jim. Domestic Wastewater, Department of Environmental Regulation. Personal
                communication, September 29, 1992.

         Buck, Sgt. Vermont State Police, Marine Division. Personal communication, February 1, 1993.

         Bray, Brian. Assistant Harbor Manager, City of Avalon, Santa Catalina Island, Avalon, California.
                Personal communication, November 3, 1992.

         Cote, Mel. EPA Region I, Boston, Massachusetts. Personal communication, October 17, 1992.

         Donahoe, Brian. Water Pollution Control Board, MA. Personal communication, October 5,
                1992.


         Elberum, Kim. Department of Natural Resources, Trails and Waterways, Minnesota. Personal
                communication, November 5, 1992.

         Flanders, Dick.    Biological Bureau, Dept. of Environmental Services, New Hampshire.
                Personal communication, October 5, 1992.

         Hill, Steven. California Regional Water Quality Control Board, San Diego Region. Personal
                communication, October 1, 1992.

         Kopecky, Mary-Jo. Director of Wastewater Program, Water Quality Division, Wisconsin.
                Personal communication, October 1, 1992.

         Maryland Department of Natural Resources. 1992. Methodology for the Determination of"No
                Discharge" Zones.

         Matthews, Peggy. Florida Keys Marine Sanctuary. Personal Communication, February 8,
                1993.


         Michael, Peter. California Regional Water Quality Control Board, San Diego Region.

         O'Neil, Don. Pump-out Grant Coordinator, Maryland. Personal communication, November 11,
                1992.



                                                        44









        Ross, N. and M. Amaral. 1992. New England CoasW Marine Pumpout Survey. EPA
               Region I. A Study of the 1991 Boat Pumpout Facilities Located in the New England
               Coastal Region: Maine, New Hampshire, Massachusetts, Rhode Island and Connecticut.
               Prepared for: U.S. Environmental Protection Agency, Region I, Near Coastal Waters
               Program, Boston, Massachusetts. 92pp.

        State of New Hampshire. 1991. Chapter 371: Enrolled Bill Amendment HB 560-FN. An Act
               relative to bacteriological standards and reclassifying certain waters and establishing a study
               committee to examine the issue of recreational mining in the state's rivers.

        Strong, Doug. Washington State Parks and Recreation, Dept. of Natural Resources. Personal
               communication, October 20, 1992 and February 12, 1993.

        United States Environmental Protection Agency, Region 1, Boston, MA. June 24, 1991. Guidance
               for States and Municipalities Seeking No-Discharge Area Designation for New England
               Coastal Waters. (Revised April 14, 1992). l6pp.































                                                     45



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