[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38046-38047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12480]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0392; FRL-8323.1-02-OW]


Final Guidance for Vessel Sewage No-Discharge Zone Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of the ``Guidance for Vessel Sewage No-Discharge Zone 
Applications (Clean Water Act Section 312(f)).'' State officials 
interested in developing vessel sewage no-discharge zone applications 
should consult the guidance to understand the information that must be 
submitted to EPA to meet the regulatory requirements and EPA's process 
for evaluating applications. The guidance reflects EPA's consideration 
of public comments received in response to the agency's June 27, 2022 
Federal Register publication. The contents of this guidance document do 
not have the force and effect of law and are not meant to bind the 
public. This document is intended to provide information to State 
officials regarding existing requirements under the law or agency 
policies.

FOR FURTHER INFORMATION CONTACT: Kelsey Watts-FitzGerald, Oceans, 
Wetlands, and Communities Division, Office of Water (4504T), 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone number: 202-566-0232; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Clean Water Act (CWA) section 312 establishes the statutory 
framework through which EPA and the U.S. Coast Guard regulate the 
discharge of sewage from vessels with installed toilets operating in 
U.S. navigable waters. EPA is responsible for establishing national 
standards of performance for marine sanitation devices (MSDs) to 
prevent inadequately treated sewage from polluting U.S. waters, while 
the U.S. Coast Guard is responsible for issuing regulations governing 
the design, construction, certification, installation, and operation of 
MSDs, consistent with EPA's standards. MSDs are equipment installed 
onboard vessels that either treat sewage prior to discharge or store 
sewage onboard for later disposal. If a State determines that some or 
all of the State's waters require greater protection, the CWA allows 
the State to apply to EPA for the establishment of a vessel sewage no-
discharge zone. A vessel sewage no-discharge zone is an area where the 
discharge of both treated and untreated sewage from vessels is 
prohibited. There are three different types of vessel sewage no-
discharge zones that may be designated under CWA section 312(f). For 
each type, the State must submit an application to EPA pursuant to the 
regulatory requirements detailed in 40 CFR 140.4.
    In 1994, EPA published guidance, ``Protecting Coastal Waters from 
Vessel and Marina Discharges: A Guide for State and Local Officials, 
Volume 1. Establishing No-Discharge Areas under Sec.  312 of the Clean 
Water Act'' (EPA 842-B-94-004, August 1994), to assist States in 
preparing applications based on the regulatory requirements. The 
``Guidance for Vessel Sewage No-Discharge Zone Applications (Clean 
Water Act Section 312(f))'' supersedes the 1994 guidance.

II. Overview of the Guidance

    The guidance provides background information on the environmental 
impacts of vessel sewage and the regulations in place to protect U.S. 
waters from this type of discharge. The guidance also explains and 
clarifies the information that EPA requires in an application and 
provides examples of the information that the State may choose to 
include to assist EPA in making an informed decision. The appendices 
contain sample applications, information on related programs, a 
walkthrough of the tool that supports EPA's analysis of costs for one 
of the three designation types, and strategies States may consider to 
encourage compliance with a no-discharge zone designation.
    Key updates made to the guidance since the 1994 version include the 
addition of new guidance and sample applications for the two CWA 
section 312(f)(4) designations, as well as updated introductory 
sections on the impact of sewage discharges and the regulatory 
framework in place to mitigate these impacts. The guidance also 
clarifies how to account for mobile pumpout facilities, such as boats 
and trucks, and provides additional information on how to demonstrate 
that sewage removed from vessels is being treated in conformance with 
Federal law. Finally, in the sections pertaining to CWA section 
312(f)(3) applications, the guidance distinguishes between recreational 
and commercial vessels in acknowledgement of differing vessel profiles 
and pumpout facility needs.
    Other updates were made to explain EPA's process for evaluating 
State applications. The most substantial update to EPA's review process 
is the inclusion of a new cost analysis for applications submitted 
under CWA section 312(f)(3). In addition to describing how EPA may 
conduct cost analyses for CWA section 312(f)(3) applications, the 
guidance is also accompanied by a spreadsheet-based tool, the ``No-
Discharge Zone Cost Analysis Tool,'' to help standardize the agency's 
approach to evaluating costs.

III. Public Comments Received

    On June 27, 2022, EPA published a Federal Register notice (87 FR 
38151) to solicit public comments on the draft guidance. EPA received 
10 comments during the 60-day comment period. Commenters provided 
recommendations regarding the types of information identified as 
required

[[Page 38047]]

versus optional for State applications and the inputs to the ``No-
Discharge Zone Cost Analysis Tool.'' Commenters also provided general 
feedback on the application process, including the timing and nature of 
communication between EPA, States, and stakeholders. A complete comment 
response document is available in EPA's docket.

IV. Conclusion

    The ``Guidance for Vessel Sewage No-Discharge Zone Applications 
(Clean Water Act Section 312(f))'' and accompanying ``No-Discharge Zone 
Cost Analysis Tool'' are now available for use by State officials in 
the development of vessel sewage no-discharge zone applications. They 
are available in the docket and on EPA's website at https://www.epa.gov/vessels-marinas-and-ports/guidance-vessel-sewage-no-discharge-zone-applications.

Benita Best-Wong,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2023-12480 Filed 6-9-23; 8:45 am]
BILLING CODE 6560-50-P