1. No Discharge Zones 101 U.S. Environmental Protection Agency
Office of Wetlands, Oceans, and Watersheds
Presented by: Kelsey Watts FitzGerald
ORISE Research Fellow, Marine Pollution Control Branch
Luisa Wink

2. Who Am I?
Oak Ridge Institute for Science and Education (ORISE) Research Fellow
Background:
Oberlin College: Dual-degree in Biology and Environmental Studies
Columbia University: Master of Public Administration in Environmental Science and Policy
Appointment in the Office of Water
Researching the effects of sewage discharges on the aquatic environment and human health

3. Purpose of the Briefing
Describe the environmental concerns associated with sewage
Describe the EPA’s role in regulating sewage discharges from vessels
Provide an introduction to no discharge zones, including types of designation, application process, and current status nationwide
EPA
Obtain input from you on issues/concerns that you want my office to be aware of regarding vessel sewage, marine sanitation devices, and no discharge zones

4. Vessel Universe/Scope
Approximately 1.8 million recreational vessels with installed toilets
Vessel vs. land-based sources
Biscayne National Park
Paul VanDerWerf
Columbus Day Regatta
Deer Island Sewage Treatment Plant, Boston, MA

5. Environmental Impacts: Summary
Sewage discharges may introduce pathogens, nutrients, and chemical compounds into the aquatic environment.
Pathogenic microorganisms: diseases and contamination of shellfish beds
Nutrients: algal blooms and dead zones
Chemical compounds: toxic to aquatic life
EPA

6. Environmental Impacts: Examples
19% of Puget Sound’s commercial shellfish growing area is closed, with the majority due to fecal bacteria pollution
Link between norovirus in wastewater and amounts in oysters (Flannery et al., 2012)
Connection between coral disease and sewage contamination on reefs (Sutherland et al., 2010)
Nutrients from sewage harm seagrass beds (Cabaço et al., 2008)
Katrien Berkmoes
Sean Nash
Mark Rodrigue/Marine Photobank

7. EPA approves the NDZs, but the process is initiated by states
Clean Water Act § 312
EPA: Sets the performance standards for Marine Sanitation Devices (MSDs) under CWA § 312(b)
Economic costs
Limits of available technology
U.S. Coast Guard: Approves marine sanitation devices; enforces standards and no discharge zones (NDZs)
States: Applies to EPA to establish NDZs
EPA approves the NDZs, but the process is initiated by states

8. Marine Sanitation Devices (MSDs)
MSD: “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” 33 U.S.C. 1322(a)(5)
Vessels with onboard toilet facilities must be equipped with operable USCG-certified MSDs
EPA established standards for 3 types of MSDs in 1976

9. Marine Sanitation Devices (MSDs)
BoatU.S. Foundation
EPA
EPA
TYPE I
Length: ≤ 65 feet
Fecal coliform: 1000/100 mL
TYPE II
Any length
150 / 100 mL
TYPE III
Any length
Pumpout

10. No Discharge Zones (NDZs)
An area in which both treated and untreated sewage discharges from vessels are prohibited. 
Within NDZ boundaries, vessel operators are required to retain their sewage discharges onboard for disposal beyond three miles from shore or onshore at a pump-out facility.
General prohibition for most inland coastal waters.

11. Complying with an NDZ 33 CFR 159.7 Requirements for vessel operators
Type I and II:
(1) Closing the seacock and removing the handle;
(2) Padlocking the seacock in the closed position;
(3) Using a non-releasable wire-tie to hold the seacock in the closed position; or
(4) Locking the door to the space enclosing the toilets with a padlock or door handle key lock.
Type III (holding tank):
(1) Closing each valve leading to an overboard discharge and removing the handle;
(2) Padlocking each valve leading to an overboard discharge in the closed position; or
(3) Using a non-releasable wire-tie to hold each valve leading to an overboard discharge in the closed position."

12. No Discharge Zones (NDZs)
3 Types of NDZ designations:
CWA § 312(f)(3)
The State determines that the water body requires greater environmental protection, and EPA finds that adequate pump-out facilities are available.
CWA § 312(f)(4)(A)
EPA, upon application by the State, determines that the protection and enhancement of the water body requires establishment of an NDZ.
CWA § 312(f)(4)(B)
EPA, upon application by a State, will, by regulation, prohibit the discharge of sewage from vessels within a drinking water intake zone.

13. Scope of No Discharge Zones
89 designated NDZs across 26 states
Majority are 312(f)(3) designations (85 of 89)
Approximately 64,500 out of 163,000 eligible statutory square miles are protected by NDZs
Expecting petition from WA Dept. of Ecology to designate the waters of Puget Sound

14. Petitioning for a 312f(3) NDZ
Certification of need for greater environmental protection
Detailed description of the waterbody, including a map clearly marking the zone boundaries
Technical analysis showing why protection or enhancement of the waterbody requires prohibition of sewage discharges
Information on vessel population and usage in proposed waters
Description of existing pump-out facilities, including:
Map of locations and written description of location and operating hours
A demonstration that the facilities are capable of handling the anticipated volume of discharges
Maximum draught of vessels that can use each facility
Method(s) used to dispose of collected sewage
40 CFR 140.4

15. Optional Information for Petition
Description of resources (e.g., shellfish growing areas)
Water quality data (e.g., fecal coliform counts)
Location of proposed pump-out facilities and existing or proposed portable toilet dump stations
Maintenance plans of pump-out facilities
Estimated number/percentage of vessels with Type III MSDs
Enforcement plan and public education program
Available data on existing point source pollution

16. Approving an NDZ The information provided by the state must show that:
The protection and enhancement of the specified waters require a prohibition of the discharge.
Adequate facilities for the safe and sanitary removal of the discharge are reasonably available.
The prohibition will not have the effect of discriminating against vessels of the Armed Forces.
If these conditions are met, the EPA will establish the NDZ.

17. Clean Vessel Act
Signed into law in 1992 to reduce vessel sewage pollution
Established federal grant program administered by the U.S. Fish and Wildlife Service
$150 million to states
Grants provide funds for sewage pump-out facilities, pump-out boats, and educational programs for boaters
NOAA
U.S. FWS

18. Clean Vessel Act: 1994 Guidance
Provides formulas for determining the adequate number of pump-out facilities required in a waterbody
Requires knowing or estimating the following:
Number of vessels, categorized by length
Percent of vessel population with holding tanks
Peak occupancy rate of the waterbody
Number of vessels served per hour at pump-outs
Operating hours of pump-out facilities

19. MARPOL Annex IV (Sewage)
International Convention for the Prevention of Pollution from Ships
Resolution MEPC.227(64) created more stringent standards than CWA 312
Applies to vessels involved in international voyages that are gross tonnage and/or certified to carry 15+ passengers
U.S. is NOT party to Annex IV
EPA

20. MARPOL Annex IV: MEPC.227(64)
United States
MARPOL*
Type I
Type II
Type III
400 GT and/or
15+ passengers
Coliform (CFU/100mL)
1000
200 -
100
TSS (mg/L)
150 35 pH
6-8.5
BOD5 (mg/L) 25
COD (mg/L)
125
Visible Solids
None
*MEPC.227(64) added limits for nutrients in designated “Special Areas”
Total Nitrogen: geometric mean ≤ 20 Qi/Qe mg/L or 70% reductions
Total Phosphorous: geometric mean ≤ 1.0 Qi/Qe mg/L or 80% reductions
Note: Qi/Qe is the dilution compensation factor

21. Current Work Working meetings with U.S. Coast Guard
NVIC 1-09 (establishes equivalency for U.S. vessels operating MSDs meeting MARPOL Annex IV standards);
Workshop with manufacturers, testing labs, and vessel owner/operators
Researching the effects of sewage discharge on the aquatic environment and human health
Determining the availability and capability of MSDs; sewage generation rates
Collaborating with WA Dept. of Ecology on NDZ monitoring in Puget Sound

22. Contact Information
Please feel free to contact me by or phone with any questions or comments you have about my presentation or any other aspect of the EPA’s role in regulating vessel sewage. Phone: (202)