[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62552-62554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26285]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-0960]


 Coast Guard Acceptance of Sewage Treatment Plants for Type-
Approval to International Maritime Organization Resolution MEPC.227(64)

AGENCY: Coast Guard, DHS.

ACTION: Notice of Policy and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard announces its acceptance of sewage treatment 
plants (also referred to as marine sanitation devices) for type-
approval to International Maritime Organization resolution MEPC.227(64) 
as meeting the requirements for marine sanitation devices. This action 
will allow manufacturers as well as shipowners and operators the option 
to take advantage of building and using equipment that meets both 
domestic and international requirements while also benefitting the 
environment. The Coast Guard is also seeking information on simple on 
board checks to verify performance of sewage treatment plants.

DATES: Comments and related material must be received by the Coast 
Guard on or before November 16, 2015.
    You may submit comments identified by docket number USCG-2015-0880 
using the Federal eRulemaking Portal at http://www.regulations.gov. See 
the ``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Wayne M. Lundy, CG-ENG-3, U.S. Coast Guard; telephone 
202-372-1379, email [email protected].

SUPPLEMENTARY INFORMATION: 

Public Participation and Comments

    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice as being available in the 
docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted.
    We are also planning to hold a two-day public workshop in 
Washington DC in the fall of 2015. We will issue a separate Federal 
Register notice to announce the date, time, and location of such a 
workshop. The purpose of the workshop will be to discuss sewage 
treatment technologies, issues concerning testing of marine sanitation 
devices for type approval and information on simple on board checks to 
verify performance of a marine sanitation device. The workshop will 
also consider issues associated with existing federal standards and 
MARPOL Annex IV equipment standards (resolution MEPC.227(64)), impact 
of No Discharge Zones, and issues concerning gray water.

Background and Purpose

    Title 33 of the Code of Federal Regulations (CFR), part 159, 
prescribes requirements for the design and construction of marine 
sanitation devices (``MSDs'', also referred to as sewage treatment 
plants) and procedures for certifying that MSDs meet the regulations 
and standards of the Environmental Protection Agency promulgated under 
Section 312 of the Federal Water Pollution Control Act (Pub. L. 92-500, 
Sec.  312, 86 Stat. 871 (October 18, 1972), as amended; classified to 
33 U.S.C. 1322). In October 2012, the International Maritime 
Organization (IMO) adopted resolution MEPC.227(64)--2012 Guidelines on 
implementation of effluent standards and performance tests for sewage 
treatment plants. The International Convention on the Prevention of 
Pollution from Ships 73/78 (MARPOL) Annex IV requires sewage treatment 
plants to be type-approved taking into account the standards of IMO 
Resolution MEPC.227(64). While the United States is not a Contracting 
Government to MARPOL Annex IV, we recognize that the limits and 
standards in IMO resolution MEPC.227(64) are more stringent or 
prescriptive than those requirements in 33 CFR 159 concerning threshold 
limits and testing of equipment and thus equipment that is type-
approved to the MEPC.227(64) standards would also satisfy U.S. 
threshold effluent limits. Specifically, we have determined that a MSD 
meeting the design specifications in MEPC.227(64) would exceed the 
performance specifications for Type II tanks, as listed in 33 CFR 
159.53(b), which states that, ``[u]nder the test conditions described 
in Sec. Sec.  159.126 and 159.126a, [the tanks must] produce an 
effluent having a fecal coliform bacteria count not greater than 200 
per 100 milliliters and suspended solids not greater than 150 
milligrams per liter.''
    In recognition of this, the Coast Guard believes MSDs type-approved 
in accordance with the requirements of IMO resolution MEPC.227(64) and 
installed on U.S. flagged ships comply with those threshold effluent 
limits in 33 CFR 159.53(b). MSDs must still meet the other requirements 
contained in part 159, and any inconsistencies between part 159 and 
MEPC.227(64) must be resolved in favor of part 159. Manufacturers may 
submit their equipment to a recognized testing facility recognized by 
the Coast Guard for testing of such equipment and may make a submission 
to the Coast Guard requesting type approval.
    Resolution MEPC.227(64) also contains a process allowing the Coast 
Guard to certify that a type-approved MSD meets the specific effluent 
discharge requirements for a vessel to enter Special Areas listed in 
MARPOL Annex IV. The Coast Guard would certify that the MSD meets the 
enhanced

[[Page 62553]]

effluent discharge and treatment specifications listed in MEPC.227(64). 
Under MARPOL Annex IV Regulations 9.1.1 and 9.1.2, vessels with MSDs 
conforming to the Special Area specifications contained in MEPC.227(64) 
may be permitted to operate in Special Areas. This certification would 
allow U.S.-flagged vessels to document that they meet those standards.
    However, U.S.-flagged vessels voluntarily installing MSDs in 
accordance with MARPOL Annex IV standards must comply with the U.S. 
application of MEPC.227(64), as follows, to receive U.S. certification. 
Currently, MEPC.227(64), is vague on the amount of reduction required 
for thermotolerant coliform (TC), total suspended solids (TSS), 
biochemical oxygen demand without nitrification (BOD5) and 
chemical oxygen demand (COD). While Section 3 of MEPC.227(64) states 
that ``[i]n meeting the effluent standards in Section 4, an approved 
sewage treatment plant should not rely solely on dilution of 
wastewater,'' there are no specific levels of reduction given for TC, 
TSS, BOD5 and COD (unlike the specific Percent Reductions 
given for discharges of nitrogen and phosphorus in Section 4.2).
    IMO Resolution MEPC.227(64) states that an approved MSD not rely 
solely on dilution of wastewater in order to meet the effluent limits 
stipulated in resolution MEPC.227(64). Resolution MEPC.227(64) further 
states that, where amounts of dilution are deemed essential to a 
treatment process, the effluent standards in Section 4 should be 
adjusted proportionally using dilution compensation factor Qi/Qe to 
account for dilution Qd.\1\ In order to demonstrate that the MSD does 
not rely solely on dilution of wastewater in order to meet the effluent 
standards, the effluent concentration value Ce for any particular 
analyte addressed in resolution MEPC.227(64), Section 4.1 
(specifically, TC, TSS, BOD5 and COD) will need to be less 
than the effluent standard for that analyte multiplied by the dilution 
compensation factor Qi/Qe.
---------------------------------------------------------------------------

    \1\ Dilution (Qd)--is dilution water, grey water, process water, 
and/or seawater introduced to the sewage treatment plant after the 
influent sample point and after the influent flow measurement 
device, see figure 1 of resolution MEPC.227(64).
    Effluent (Qe)--is treated wastewater produced by the sewage 
treatment plant, see figure 1 of resolution MEPC.227(64).
    Influent (Qi)--is liquid containing sewage, grey water or other 
liquid streams, to be processed by the treatment plant, see figure 
1of resolution MEPC.227(64).
---------------------------------------------------------------------------

    In order for a MSD to be able to be technically evaluated for type 
approval under MEPC.227(64), the concentration value of the effluent 
for that analyte being considered must be readable, i.e., at or above 
the detection limit for the test method for that analyte. For 
consideration by the Coast Guard, a MSD, after application of the 
dilution compensation factor Qi/Qe, the revised effluent concentration 
value of any analyte measured at the Effluent Sample Point as shown in 
figure 1 of this Notice of Policy cannot be below the Test Method 
detection limit for that analyte. Figure 1 is replicated from 
resolution MEPC.227(64). If the revised concentration value is below 
the Test Method detection limit for that analyte, then it becomes 
impossible for the concentration value to be physically measured.
[GRAPHIC] [TIFF OMITTED] TN16OC15.037

    To make the above determination for Annex IV certification, the 
Coast Guard will use the approved test methods that are listed in the 
Environmental Protection Agency regulations (40 CFR 136, Guidelines 
Establishing Test Procedures for the Analysis of Pollutants). The 
following methods must be used:
     Thermotolerant Coliform (TC) Test Method EPA 600/8-78-017 
Chapter III \2\

[[Page 62554]]

(Detection Limit = 1 colony form unit (CFU)/100 mL),
---------------------------------------------------------------------------

    \2\ Please refer to Page Number 124 in document USEPA. 1978. 
Microbiological Methods for Monitoring the Environment, Water, and 
Wastes. Environmental Monitoring and Support Laboratory, U.S. 
Environmental Protection Agency, Cincinnati, Ohio. EPA/600/8-78/017; 
weblink: http://nepis.epa.gov/Exe/ZyNET.exe/300014TD.txt?ZyActionD=ZyDocument&Client=EPA&Index=1976%20Thru%201980&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C76THRU80%5CTXT%5C00000000%5C300014TD.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p%7Cf&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1.
---------------------------------------------------------------------------

     Total Suspended Solids (TSS) Test Method 160.2 (Detection 
Limit = 4.0 mg/L),
     Biochemical Oxygen Demand (BOD5) without 
nitrification \3\ Test Method 5210 B\3\ (Detection Limit = 2.0 mg/L),
---------------------------------------------------------------------------

    \3\ The equivalent U.S. EPA Test Method for Biochemical Oxygen 
Demand (BOD5) without nitrification is done as carbonaceous 
biochemical oxygen demand (CBOD5) and should not be confused with 
the traditional BOD5 test method which measures ``total BOD''. The 
addition of the nitrification inhibitor is not a procedural option, 
but must be included to report the CBOD5 parameter.
---------------------------------------------------------------------------

     Chemical Oxygen Demand (COD) Test Method 410.4 (Detection 
Limit = 3.0 mg/L),
     pH Test Method 150.1 (none stated but not normally 
reported below 0.01),\4\
---------------------------------------------------------------------------

    \4\ There is no US EPA Test Method listed in 40 CFR 136 so the 
US EPA has adopted American Public Health Association (APHA) 
Standard Methods for the Examination of Water and Wastewater. The 
current edition is the 22nd edition.
---------------------------------------------------------------------------

     Total Nitrogen \5\ 351.2 (Detection Limit = 0.5 mg/L),
---------------------------------------------------------------------------

    \5\ Total Nitrogen means the sum of total Kjeldahl nitrogen 
(organic and ammoniacal nitrogen) nitrate-nitrogen and nitrite-
nitrogen.
---------------------------------------------------------------------------

    Total Phosphorus Test Method 365.2 (Detection Limit = 0.01 mg/L) 
and Disinfectant residual
     Chlorine Test Method 330.5 (Detection Limit = 0.2 mg/L)
    The Coast Guard is also seeking information on possible simple on 
board checks that may be available and easily used to verify 
performance of a sewage treatment plant with effluent requirements.
    This notice is issued under authority of 5 U.S.C. 552(a).

    Dated: October 9, 2015.
F.J. Sturm,
Deputy Director, Commercial Regulations and Standards, U.S. Coast 
Guard.
[FR Doc. 2015-26285 Filed 10-15-15; 8:45 a.m.]
BILLING CODE 9110-04-P