Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 39683 

maintain reports and records. 

Performance tests reports are required as 

this is the Agency’s record of a source’s 

initial capability to comply with the 

emission standard, and serve as a record 

of the operating conditions under which 

compliance were achieved. 

All reports are sent to the delegated 

state or local authority. In the event that 

there is no such delegated authority, the 

reports are sent directly to the EPA 

regional office. This information is 

being collected to assure compliance 

with 40 CFR part 63, subpart VVVV as 

authorized in section 112 and 114(a) of 

the Clean Air Act. The required 

information consists of emissions date 

and other information that have been 

determined to be private. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information are 

estimated to average 81 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purpose 

of collecting, validating, and verifying 

information, processing and 

maintaining, information, and 

disclosing and providing information. 

All existing ways will have to adjust to 

comply with any previously applicable 

instructions and requirements that have 

subsequently changed; train personnel 

to be able to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

Respondents/Affected Entities: Boat 

manufacturing. 

Estimated Number of Respondents: 

144. 

Frequency of Response: Initially, 

quarterly, and semiannually. 

Estimated Total Annual Hour Burden: 

23,543. 

Estimated Total Annual Cost: 

$2,227,693 which includes $2,226,893 

in labor costs, no capital/startup costs, 

and $800 in operation and maintenance 

(O&M) costs. 

Changes in the Estimates: There is a 

decrease of 2,784 hours in this ICR as 

compared to the previous one. There is 

a difference of 159 responses as 

compared to the previous ICR of 448. 

This shift is attributed to the fact that 

initial notification for existing sources 

has already been achieved. 

Dated: July 6, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–16907 Filed 7–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2010–0126; FRL–9174–2] 

Clean Water Act Section 312(b): Notice 

Seeking Stakeholder Input on Petition 

and Other Request To Revise the 

Performance Standards for Marine 

Sanitation Devices 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of petition and other 

request for rulemaking; request for 

comments. 

SUMMARY: This action notifies the public 

that the Environmental Protection 

Agency (EPA or ‘‘the Agency’’) has 

received a petition for rulemaking from 

Friends of the Earth (FOE) and another 

separate request for rulemaking under 

section 312 of the Clean Water Act 

(CWA). In general these rulemakingrelated requests ask EPA to revise its 

regulations establishing performance 

standards for vessel sewage treatment 

devices under the CWA. The 

rulemaking petition from FOE also 

requests that EPA establish monitoring, 

recordkeeping and reporting 

requirements under the CWA to ensure 

compliance with the performance 

standards. EPA has not made a decision 

on whether to grant or deny the 

rulemaking requests, nor is the Agency 

proposing any changes to the 

performance standards or other 

provisions of its regulations at this time. 

Rather, the purpose of today’s Notice is 

simply to make the public aware of the 

issues raised in the requests for 

rulemaking and to obtain the public’s 

input, in the form of comment and 

relevant information, to help EPA 

determine appropriate action in 

response to each of these requests. In 

particular, EPA seeks input regarding: 

The universe of vessels operating on 

navigable waters that use sewage 

treatment devices; technical information 

on the performance, effectiveness and 

costs of vessel sewage treatment 

devices, including performance testing 

data; suggestions on what, if any, 

changes to the performance standards 

might be appropriate; and information 

on monitoring, recordkeeping and 

reporting approaches for vessel sewage 

discharges. 

DATES: Comments must be received on 

or before November 9, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0126, by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: ow-docket@epa.gov, 

Attention Docket ID No. EPA–HQ–OW– 

2010–0126, 

3. U.S. Mail: Water Docket, U.S. 

Environmental Protection Agency, 

Mailcode: 2822–1T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, 

Attention: Docket ID No. EPA–HQ–OW– 

2010–0126. Please include a total of two 

copies in addition to the original. 

4. Hand Delivery or Courier Service: 

Water Docket, EPA Docket Center, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC 20004, 

Attention: Docket ID No. EPA–HQ–OW– 

2010–0126. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2010– 

0126. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 


erowe on DSK5CLS3C1PROD with NOTICES
39684 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to Unit I.B and 

Unit VI of the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Water Docket. The Office of Water 

(OW) Water Docket Center is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

Water Docket telephone number is (202) 

566–2426, and the Docket’s address is 

Water Docket, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20004. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Benz, U.S. Environmental 

Protection Agency Headquarters, Office 

of Water, Office of Wetlands, Oceans, 

and Watersheds, Mailcode: 4504T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

564–1223; e-mail: msdstandardshq@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Today’s Notice does not contain, 

modify or establish any regulatory 

requirements, nor does it discuss any 

specific regulatory options. This Notice 

simply: (1) Notifies the public that EPA 

has received a petition for rulemaking 

and another separate request for 

rulemaking (collectively, ‘‘rulemaking 

requests’’) asking the Agency to revise 

the performance standards for marine 

sanitation devices (MSDs) (devices that 

treat vessel sewage) under section 

312(b)(1) of the CWA and provides a 

summary of those requests, and (2) 

seeks comment, technical input, and 

factual information on issues associated 

with the requests. 

Today’s Notice will be of interest to 

the general public, State agencies, other 

Federal agencies, manufacturers of 

MSDs, independent laboratories, and 

owners or operators of commercial and 

recreational vessels with toilets 

installed onboard that operate on U.S. 

navigable waters. This listing is not 

intended to be exhaustive, but rather 

provides a guide for readers to identify 

which entities might be interested in 

this Notice. Other types of entities not 

listed here might also be interested in 

this Notice. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting Confidential Business 

Information (CBI) 

Do not submit CBI to EPA through 

http://www.regulations.gov or e-mail. 

For CBI information on a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR Part 2. 

Additional information on submitting 

CBI for purposes of this Notice is 

included in Unit VI of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

2. Tips for Preparing Your Comments 

When submitting comments, please: 

• Identify this Notice by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

• Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives; and provide 

reasons for your suggested alternatives. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments and any supporting 

information/data by the comment 

period deadline identified in this 

Notice. 

C. How can I get copies of this 

document and other related 

information? 

1. Docket. EPA has established an 

official public docket for this Notice 

under Docket ID. No. EPA–HQ–OW– 

2010–0126. The official public docket 

consists of the documents specifically 

referenced in this Notice, any public 

comments received, and other 

information related to this Notice. 

Although a part of the official docket, 

the public docket does not include CBI 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Water Docket, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20004. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is (202) 566–2426. A reasonable 

fee will be charged for copies. 

2. Electronic Access. An electronic 

version of the public docket, including 

this Federal Register document, is 

available through EPA’s electronic 

public docket and comment system. 

You may access the public docket at 

http://www.regulations.gov to view 

public comments, to access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. For additional 

information about EPA’s public docket, 

visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/ 

dockets.htm. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publically available docket 

materials through the Docket Facility 

identified in Unit I.C(1). 

II. Regulation of Sewage Discharges 

From Vessels Under the Clean Water 

Act 

A. Relationship Between Clean Water 

Act Sections 312 and 402 

The Clean Water Act (CWA) is the 

centerpiece of Federal legislation 

addressing the discharge of pollutants 

into waters of the United States. Section 

301(a) of the CWA provides that ‘‘the 

discharge of any pollutant by any 

person shall be unlawful’’ unless the 

discharge is in compliance with certain 

other sections of the Act. 33 U.S.C. 

1311(a). The CWA defines ‘‘discharge of 

a pollutant’’ as ‘‘(A) any addition of any 

pollutant to navigable waters from any 

point source, (B) any addition of any 

pollutant to the waters of the contiguous 

zone or the ocean from any point source 

other than a vessel or other floating 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 39685 

1Note, however, that commercial vessels greater 

than 79 feet in length which are not operating on 

the Great Lakes need to obtain coverage under 

EPA’s recently issued VGP if the vessel discharges 

graywater combined with sewage in one effluent 

stream. Under the VGP, discharges of graywater that 

contain sewage are eligible for coverage under the 

permit (except for those discharges from 

commercial vessels in the Great Lakes) and must 

meet the discharge limitation requirements in Parts 

2 and 5 (if applicable), as well as any applicable 

CWA section 312 requirements for sewage. 

craft.’’ 33 U.S.C. 1362(12). A ‘‘point 

source’’ is a ‘‘discernible, confined and 

discrete conveyance’’ and includes a 

‘‘vessel or other floating craft.’’ 33 U.S.C. 

1362(14). One way a person may 

discharge a pollutant without violating 

the section 301 prohibition is to obtain 

a National Pollutant Discharge 

Elimination System (NPDES) permit 

under section 402. 33 U.S.C. 1342. 

While EPA has issued an NPDES 

Vessel General Permit (VGP) for 

discharges incidental to the normal 

operation of certain vessels, vessel 

sewage discharges within the meaning 

of CWA section 312 are not subject to 

NPDES permitting and are thus 

excluded from coverage under the VGP. 

This is because, while sewage is defined 

as a ‘‘pollutant’’ under the CWA, sewage 

from vessels within the meaning of 

section 312, which includes graywater 

in the case of commercial vessels 

operating on the Great Lakes, is exempt 

from this statutory definition. 33 U.S.C. 

1322(a)(6); 33 U.S.C. 1362(6). As a 

result, vessel owners/operators are not 

required to obtain NPDES permits 

before discharging this waste.1 Rather, 

Congress enacted a separate nonpermitting scheme—CWA section 312— 

to regulate the discharge of sewage from 

vessels. 

B. CWA Section 312 

CWA sections 312(a)–(m) provide the 

framework under which EPA and the 

U.S. Coast Guard regulate sewage 

discharges from vessels. Section 312(h) 

prohibits vessels equipped with 

installed toilet facilities from operating 

on the navigable waters (which include 

the three mile territorial seas), unless 

the vessel is equipped with an operable 

MSD certified by the Coast Guard to 

meet applicable performance standards. 

33 U.S.C. 1322(h). The CWA defines a 

‘‘marine sanitation device’’ as ‘‘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). ‘‘Sewage’’ is ‘‘human 

body wastes and the wastes from toilets 

and other receptacles intended to 

receive or retain body wastes’’ and 

includes graywater discharges from 

commercial vessels (as defined at 33 

U.S.C. 1322(a)(10)) operating on the 

Great Lakes. 33 U.S.C. 1322(a)(6). 

Discharges of graywater from noncommercial vessels on the Great Lakes, 

and from all vessels operating outside of 

the Great Lakes, are not regulated under 

CWA section 312. 

The provisions of section 312 are 

implemented jointly by EPA and the 

Coast Guard. EPA sets performance 

standards for MSDs and is involved in 

the establishment of no discharge zones 

(NDZs) for vessel sewage. 33 U.S.C. 

1322(b) and (f). The Coast Guard is 

responsible for developing regulations 

governing the design, construction, 

certification, installation and operation 

of MSDs, consistent with EPA’s 

standards. 33 U.S.C. 1322(b) and (g). 

Unlike the section 402 NPDES 

program, States have a limited role in 

implementing the section 312 vessel 

sewage program. Except in the case of 

houseboats (as defined at CWA section 

312(f)(1)(B)), States may not adopt or 

enforce any statute or regulation of the 

State or a political subdivision with 

respect to the design, manufacture, 

installation, or use of any MSDs. States 

may, in certain circumstances, request 

that EPA establish NDZs for vessel 

sewage or, after required findings are 

made by EPA, establish such zones 

themselves. See generally 33 U.S.C. 

1322(f); see also Unit II.A.3 of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

The CWA also vests the Coast Guard 

and States with authority to enforce the 

provisions of section 312 and its 

implementing regulations. 33 U.S.C. 

1322(k). Persons who tamper with an 

installed certified MSD, or who operate 

vessels subject to section 312 without 

operable MSDs, are subject to civil 

penalties of up to $5,000 and $2,000, 

respectively, for each violation; 

manufacturers who sell a non-certified 

MSD, or who sell a vessel subject to 

section 312 that is not equipped with a 

certified MSD, are subject to civil 

penalties of up to $5,000 for each 

violation. See 33 U.S.C. 1322(j). 

1. No Discharge Zones 

Section 312 authorizes the 

establishment of NDZs, areas in which 

both treated and untreated sewage 

discharges from vessels are prohibited. 

See 33 U.S.C. 1322(f). States may 

establish an NDZ for some or all of their 

waters if EPA determines that ‘‘adequate 

facilities for the safe and sanitary 

removal and treatment of the sewage 

from all vessels are reasonably 

available.’’ 33 U.S.C. 1322(f)(3). States 

may also request that EPA establish 

NDZs by rulemaking (1) if EPA 

determines that the protection and 

enhancement of the quality of the 

waters warrants such a prohibition, or 

(2) to prohibit the discharge of vessel 

sewage into a drinking water intake 

zone. 33 U.S.C. 1322(f)(4)(A)–(B). 

Additional information on NDZs can be 

found by visiting the following EPA 

Web site: http://www.epa.gov/owow/ 

oceans/regulatory/vessel_sewage/ 

vsdnozone.html. 

2. EPA Performance Standards (40 CFR 

Part 140) 

Section 312(b)(1) of the CWA 

provides that ‘‘after giving appropriate 

consideration to the economic costs 

involved, and within the limits of 

available technology, [EPA] shall 

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 * * *’’. 33 

U.S.C. 1322(b)(1). Further, the standards 

must be consistent with maritime safety 

and marine and navigation laws and 

regulations. Id. Following this mandate, 

EPA finalized the performance 

standards for MSDs on January 29, 1976. 

The regulations promulgated at 40 CFR 

140.3 distinguish between (1) MSDs 

discharging in freshwaters whose inlets 

or outlets prevent ingress or egress by 

vessel traffic subject to the regulations, 

or in rivers that are not capable of 

navigation by interstate vessel traffic 

subject to the regulations, and (2) MSDs 

discharging in all other water bodies. 

In freshwaters not subject to ingress or 

egress by vessel traffic or in rivers that 

are not capable of interstate vessel 

traffic, no discharge of sewage is 

allowed. To meet this requirement, all 

vessels with installed toilets operating 

in these water bodies must be equipped 

with a device that prevents the 

discharge of treated or untreated sewage 

(i.e., a holding tank), or the operator 

must secure the treatment device so as 

to prevent the discharge of sewage. See 

40 CFR 140.3(a)(1). 

EPA set separate performance 

standards for MSDs discharging in all 

other water bodies. On or before January 

30, 1980, if the MSD had a discharge, it 

was required to produce an effluent 

with no visible floating solids and a 

fecal coliform bacterial count not greater 

than 1,000 per 100 milliliters (mL). See 

40 CFR 140.3(a)(2). After January 30, 

1980, EPA generally required MSDs 

which have a discharge to produce an 

effluent with a fecal coliform bacterial 

count not greater than 200 per 100 mL, 

and no more than 150 milligrams (mg) 

total suspended solids per liter. See 40 

CFR 140.3(d). See also 40 CFR 140.3(b) 

(describing applicability of performance 


erowe on DSK5CLS3C1PROD with NOTICES
39686 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 

2Section 312 allows the Coast Guard, after 

consultation with EPA, to ‘‘distinguish among 

classes, type, 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.’’ 33 U.S.C. 1322(c)(2). Pursuant to 

this authority, the Coast Guard established three 

different categories of MSDs with different 

applications of EPA’s performance standards. See 

generally 33 CFR 159.53. 

standards to vessels owned and 

operated by the U.S. Department of 

Defense), and 40 CFR.140.3(e) and (f) 

(describing applicability of performance 

standards to certain vessels). 

3. Coast Guard’s Regulation of MSDs (33 

CFR Part 159) 

Under the CWA, the Coast Guard is 

responsible for promulgating regulations 

governing the design, construction, 

installation, and operation of MSDs 

based on EPA’s performance standards. 

33 U.S.C. 1322(b) and (g). This 

responsibility includes certification of 

MSDs. There are currently three types of 

MSDs: 2

• Type I MSDs are flow-through 

treatment devices that commonly use 

maceration and disinfection for the 

treatment of sewage. Type I devices may 

be installed only on vessels less than or 

equal to 65 feet in length. The 

performance standard applied to Type I 

MSDs is to produce an effluent with no 

visible floating solids and a fecal 

coliform bacterial count not greater than 

1,000 per 100 mL. 

• Type II MSDs are also flow-through 

treatment devices, which may employ 

biological treatment and disinfection, 

although some Type II MSDs use 

maceration and disinfection. Type II 

MSDs may be installed on vessels of any 

length. The performance standard 

applied to Type II MSDs is to produce 

an effluent with a fecal coliform 

bacterial count not greater than 200 per 

100 mL, and no more than 150 mg total 

suspended solids per liter. 

• Type III MSDs are holding tanks, 

where sewage is stored until it can be 

disposed of shore-side or at sea (beyond 

three miles from shore). Type III MSDs 

may be installed on vessels of any 

length. 

The Coast Guard may certify a 

product line of MSDs for vessel 

installation and use if the productionquality model MSD complies with Coast 

Guard’s design and testing criteria (33 

CFR part 159), as confirmed by testing 

conducted at a Coast Guard-accepted 

independent laboratory. After Coast 

Guard review and certification, each 

MSD model is designated a certification 

number and issued a Certificate of 

Approval, typically valid for five years. 

MSDs manufactured during the 

certification period are deemed to have 

met the relevant performance standards 

and certification requirements and may 

be installed on vessels. During vessel 

inspections, the Coast Guard may 

examine an MSD to ensure that it is 

operable. 33 U.S.C. 1322(h)(4). 

The Coast Guard’s regulations at 33 

CFR part 159 apply to MSDs offered for 

sale or resale, or imported into the 

United States for sale or resale, and to 

vessels that have toilets and MSDs 

installed onboard and operate in the 

navigable waters. In addition to CWA 

section 312, and as further described in 

Unit V in the SUPPLEMENTARY

INFORMATION section of this document, 

sewage discharges from certain vessels 

may also be subject to regulation under 

other statutes or international treaties 

including the Departments of Labor, 

Health and Human Services, and 

Education, and Related Agencies 

Appropriations Act, 2001, also known 

as ‘‘Title XIV’’ (applies to certain cruise 

ships operating in Alaska), and/or 

Annex IV to the ‘‘International 

Convention for the Prevention of 

Pollution from Ships, 1973, as modified 

by the Protocol of 1978 relating thereto’’ 

(‘‘MARPOL’’) (applies if the vessel’s flag 

State is a party to Annex IV). 

III. Summary of Rulemaking Requests 

EPA received the following petition 

for rulemaking and other separate 

request for rulemaking asking the 

Agency to revise its regulations 

establishing performance standards 

under section 312(b) of the CWA: 

A. Friends of the Earth Petition 

On April 28, 2009, pursuant to the 

Administrative Procedure Act, Friends 

of the Earth (FOE) petitioned EPA to 

initiate rulemaking to revise the 

regulations containing the CWA section 

312(b) performance standards for Type 

II MSDs. FOE also requests that EPA 

establish ‘‘strong’’ monitoring, 

recordkeeping and reporting 

requirements pursuant to CWA section 

312 to ensure compliance with the 

performance standards. 

B. Other Request for Rulemaking 

EPA received separate letters 

forwarded by Representative C.W. Bill 

Young (Florida, 10th District) and 

Senator Bill Nelson (Florida), dated 

December 10, 2008, and April 9, 2009, 

respectively, on behalf of their 

constituent, Charles B. Husick. In 

general, Mr. Husick requests that EPA: 

(1) Establish new performance standards 

for Type I MSDs (installed on vessels 

less than or equal to 65 feet in length); 

and (2) revise the existing regulations at 

40 CFR Part 140 to allow certain vessels 

equipped with MSDs that meet the 

revised performance standards to 

discharge in tidal waters, including 

areas designated as NDZs, except those 

water bodies where it could be 

demonstrated that discharges of effluent 

meeting the proposed performance 

standards would cause ‘‘measurable 

harm to the aquatic environment.’’ 

C. Documents Cited in Rulemaking 

Requests 

Both FOE and Mr. Husick assert that 

the CWA section 312(b) performance 

standards are outdated, and that 

available technology can meet more 

stringent standards than the current 

requirements for MSDs. To support 

these contentions, Mr. Husick cites a 

draft report (now final) detailing 

performance evaluation tests performed 

by EPA on two Type I MSD models 

(EPA final report, ‘‘Performance 

Evaluation of Type I Marine Sanitation 

Devices’’ (2010), available at: http:// 

www.epa.gov/ORD/NRMRL/pubs/ 

600r10008/600r10008.pdf; also available 

in the docket for this Notice), and FOE 

primarily cites data contained in EPA’s 

‘‘Cruise Ship Discharge Assessment 

Report’’ (2008) that assessed waste 

streams from cruise ships operating in 

Alaska, and analyzed the environmental 

management, including treatment, of 

those waste streams (available at: 

http://www.epa.gov/owow/oceans/ 

cruise_ships/ 

cruise_ship_disch_assess_report.html; 

also available in the docket for this 

Notice). 

D. Status of the Rulemaking Requests 

On May 14, 2009, EPA sent a response 

to FOE acknowledging receipt of the 

petition. EPA also provided responses to 

Representative Young and Mr. Husick 

on March 12, 2009, and June 10, 2009, 

respectively. In the letters to Mr. Husick 

and Representative Young, EPA noted 

that the Agency would consider Mr. 

Husick’s opinions and requests about 

performance standards for Type I MSDs. 

In response to Mr. Husick’s request that 

EPA revise the regulations at 40 CFR 

part 140 to allow certain vessels 

equipped with devices that meet revised 

performance standards to discharge in 

tidal waters, including areas designated 

as NDZs, EPA’s letter noted that the 

CWA does not currently provide EPA 

with the authority to allow this request 

with respect to NDZs. In particular, 

EPA’s letter noted that CWA section 

312(f)(3) provides that a ‘‘State may 

completely prohibit the discharge from 

all vessels of any sewage, whether 

treated or not * * *’’. FOE’s petition, 

the letters forwarded by Representative 

Young and Senator Nelson to the 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 39687 

3The CWA defines a ‘‘marine sanitation device’’ 

as ‘‘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). Under this definition, 

Sewage Treatment Plants, Sewage Comminuting 

and Disinfecting Systems, or Sewage Holding Tanks 

are all types of MSDs. However, these terms have 

distinct applications under the CWA and MARPOL 

Annex IV regimes. Therefore, vessel sewage 

treatment devices are referred to as MSDs for 

purposes of the CWA, and in the context of 

MARPOL Annex IV, vessel sewage treatment 

devices are referred to as Sewage Treatment Plants, 

Sewage Comminuting and Disinfecting Systems or 

Sewage Holding Tanks. 

Agency on behalf of Mr. Husick, and 

EPA’s initial responses to these requests 

are available in the docket for this 

Notice. 

IV. Request for Public Input and 

Comment 

There are a number of complex issues 

that EPA, in consultation with the Coast 

Guard, would need to consider should 

EPA decide to initiate rulemaking. 

These issues include, for example, how 

to minimize, as appropriate, any 

potential inconsistencies between 

domestic or international laws that 

regulate discharges of vessel sewage and 

any revisions to the CWA section 312 

program. Based on these complexities, 

EPA is seeking public input as it 

determines how best to respond to the 

rulemaking requests. 

We welcome public input on all 

technical and programmatic issues that 

the public believes warrant our 

consideration in determining how to 

respond to the rulemaking requests, and 

what, if any, changes to the performance 

standards for MSDs are appropriate. In 

particular, we are interested in 

obtaining information and data on 

vessel sewage treatment devices that 

have undergone rigorous, verifiable and 

repeatable testing or evaluation. 

Furthermore, we are interested in any 

analytical data obtained from treated 

sewage samples taken at the point of 

discharge from treatment devices 

installed onboard vessels. The Agency is 

already coordinating with the Coast 

Guard to collect such existing 

information. Today’s Notice is intended 

to ensure we obtain early public input 

and all relevant and currently available 

information to inform any future 

Agency decisions. 

As previously noted, in addition to 

regulation under CWA section 312, 

sewage discharges from certain vessels 

may also be subject to regulation under 

a variety of other statutes or 

international treaties, including Title 

XIV and/or MARPOL Annex IV. It is 

important to consider these regimes 

when providing data and responding to 

the categories and questions posed 

below. For additional information on 

Title XIV and MARPOL Annex IV, 

please refer to Unit V in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

While we welcome information and 

comments on all issues related to the 

rulemaking requests and potential 

revisions to the performance standards 

for MSDs, we especially would 

appreciate input, in the form of public 

comment, relevant information or data, 

on topics outlined in the following 

categories: 

CATEGORY 1—What existing public 

or private data sources are available for 

use in identifying, categorizing, and 

describing: 

A. The numbers, types, and service of 

foreign-flagged and domestic vessels 

currently operating in U.S. navigable 

waters that have toilets installed 

onboard? 

B. Of the domestic-flagged vessels 

described in response to inquiry (1.A) 

above, how many have one (or more) of 

the following sewage treatment devices 

installed onboard: 

• Type I MSD? 

• Type II MSD? 

• Type III MSD? 

C. Of the foreign-flagged vessels 

described in response to inquiry (1.A) 

above, how many have one (or more) of 

the following sewage treatment devices 

installed onboard: 3

• Type II MSD (or) Sewage 

Comminuting and Disinfecting System? 

• Type III MSD (or) Sewage Holding 

Tank? 

• Sewage Treatment Plant (STP)? 

D. Of those foreign-flagged vessels 

with STPs described in response to 

inquiry (1.C) above, how many have 

devices that are: 

• Certified to meet the MARPOL 

Annex IV effluent standards and 

performance tests adopted in Resolution 

MEPC.2(VI)? 

• Certified to meet the MARPOL 

Annex IV effluent standards and 

performance tests adopted in Resolution 

MEPC.159(55)? 

Desirable input under this category 

would include either citations to 

databases or documents where such 

information is available, or the 

submission of actual information on 

vessel numbers and categories with 

citations to the source data. If 

submitting actual information or data on 

vessel numbers or categories, please also 

include information that describes the 

vessels. Examples of useful information 

include: Whether the vessel is domestic 

or foreign-flagged; whether the vessel is 

used in recreational, public or 

commercial service; if the vessel is used 

in commercial service, the nature of the 

service; the size (i.e., length and 

tonnage) of the vessel, the number of 

persons the vessel is certified to carry, 

and the rated capacity of the vessel’s 

sewage treatment device. This 

information would be useful to the 

Agency in identifying and categorizing 

the universe of vessels affected by any 

potential revisions to the performance 

standards. Information or suggestions on 

how to obtain this information for 

foreign-flagged vessels would be 

especially useful. 

CATEGORY 2—What existing product 

information or performance data is 

available for: 

A. MSDs certified to meet the 

performance standards and testing 

requirements described at 33 CFR Part 

159? (Please Note: EPA is seeking input 

on information that is not currently 

contained in the Coast Guard’s 

certification files.) 

B. STPs that have been tested and 

received Certificates of Type Approval 

certifying that the device meets the 

MARPOL Annex IV effluent standards 

and performance tests in either 

Resolution MEPC.2(VI) or Resolution 

MEPC.159(55)? 

Citations to databases or documents 

where available, or the submission of 

actual product information, product 

literature (e.g., operating manual or 

guidance), and performance data for the 

device, together with supporting 

citations to the underlying data, would 

be helpful. Table 1 lists specific 

information of interest. 


erowe on DSK5CLS3C1PROD with NOTICES
39688 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 

TABLE 1 

General product information 

Performance data 

(Please note: EPA is interested in analytical data in their entirety, if 

possible) 

• Manufacturer name and contact information (address, phone/fax 

number, e-mail address, Web site address). 

• Model name/number. 

• Type I, II or III (MSD only). 

• Certification testing date(s). 

• Testing location: laboratory or on vessel. 

• Testing methodology/testing protocol used, including the analyte test 

methods used (e.g., a given EPA or ISO test method). 

• Date when Certificate of Type Approval was issued (and copy of 

Certificate, if available). 

• Information regarding the volume of process water added per unit 

volume of raw influent. 

• Certifying country/body. • Influent and effluent total suspended solids (TSS) concentrations. 

• Rated capacity. • Influent and effluent thermotolerant coliform concentrations. 

• Pretreatment method (if any). • Influent and effluent e. coli concentrations. 

• Treatment method (if any). • Influent and effluent enterococci concentrations. 

• Disinfection method (if any). 

• System designed to treat graywater only, sewage only, or combined 

graywater and sewage; source of graywater (if applicable). 

• Vacuum or gravity feed. 

• Flushwater: Fresh, salt, or both. 

• Ability for the system to treat nutrients (e.g., nitrogen, phosphorous, 

etc.) (if any) or other pollutants for which limits do not exist under the 

existing CWA 312 standards. 

• Influent and effluent biological oxygen demand over five days 

(BOD5). 

• Influent and effluent chemical oxygen demand (COD). 

• Where available, influent and effluent nutrient concentrations (e.g., 

total phosphorus, orthophosphate, total nitrogen, total Kjeldahl nitrogen, ammonia nitrogen, Nitrate+Nitrite). 

• Effluent pH. 

• Effluent total residual chlorine/total residual oxidant. 

• Number of samples collected in any given test run or sampling period. 

• Number of zero or non-detected values (include MDL and MRL) in 

any given test run or sampling period. 

• Laboratory name and contact information (address, phone/fax number, e-mail address). 

• Data on potential differences in the equipment’s ability to treat a 

combined graywater and sewage influent versus a sewage-only influent (if applicable). 

EPA is also interested in any 

information about the installation 

requirements, limitations, and costs 

associated with the sewage treatment 

devices. Examples of useful information 

include: 

• The costs of the devices (including 

initial capital costs, installation costs, 

and operation and maintenance costs), 

the extent to which these costs vary 

based on the type or class of vessel, and 

the number of vessels on which the 

device has been installed. 

• The difficulty or ease of installing 

these devices on either new or existing 

vessels (including whether installation 

requires dry docking, and if so, for how 

long, and how much space is required 

onboard a vessel for these devices to 

operate). 

• Any limitations on the use of a 

device with regard to vessel length, 

tonnage, type of service, treatment 

volume or flow rates, power 

requirements, influent salinity, crew 

training needs or safety concerns, and 

the expected lifespan of the device once 

installed. 

This information would be useful to 

the Agency in determining whether 

there are available vessel sewage 

treatment devices that can achieve more 

stringent standards than the existing 

CWA section 312(b) performance 

standards, and what limitations in 

technology might exist. This 

information would also be useful to the 

Agency should it decide to consider the 

need for regulation of other pollutants 

(e.g., nutrients, metals) contained in 

vessel sewage waste streams, and the 

degree to which available devices are 

able to treat these additional pollutants. 

Please note that for category 2, EPA is 

most interested in data, information or 

public comment on devices that have 

received certification from a competent 

authority (e.g., either a Certificate of 

Approval issued by the Coast Guard or 

a Certificate of Type Approval issued by 

a certifying body pursuant to MARPOL 

Annex IV), or have undergone equally 

rigorous independent testing or 

evaluation. 

CATEGORY 3—Are you aware of any 

existing information about other 

countries’ domestic laws that establish 

standards or discharge limitations for 

vessel sewage? 

Citations to the relevant laws or 

submission of the actual text describing 

the standards or discharge limitations 

would be useful. Other examples of 

helpful information under this category 

include: Descriptions of the types of 

vessels (e.g., commercial, recreational 

and/or public vessels) and the 

discharges covered by the domestic 

regulatory regime; the geographic scope 

of such regimes; the specific nature of 

the regulatory standards or limitations; 

and the technical basis for such 

standards or limitations. This 

information would be useful as the 

Agency considers whether, and, if so, 

how to revise the MSD performance 

standards and what technical and/or 

operational limitations might exist 

based on other countries’ efforts to 

regulate vessel sewage discharges. 

Please note that for this inquiry EPA is 

primarily interested in other countries’ 

domestic standards or discharge 

limitations for vessels operating in their 

waters or flying their flag, and that we 

already have information on relevant 

international treaty requirements (e.g., 

the MARPOL Annex IV effluent 

standards; see Unit V of the 

SUPPLEMENTARY INFORMATION section of 

this document for a summary 

description of MARPOL Annex IV). 

CATEGORY 4—Given existing 

international and Federal limitations 

and controls regulating discharges of 

sewage from vessels, and in light of the 

numerous CWA section 312 Stateestablished NDZs, should EPA consider 

revisions to the performance standards 

for MSDs, and what should be the basis 

for such a decision? 

Readers are again invited to refer to 

illustrative examples of relevant statutes 

and treaties that are briefly summarized 

in Unit V of the SUPPLEMENTARY

INFORMATION section of this document. 

Helpful comments under this category 

would address what revisions to the 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 39689 

performance standards might be 

necessary and for which type(s) of MSD 

(e.g., Type I versus Type II, or both), and 

what are the impacts, both positive and 

negative, of revising the current CWA 

section 312 performance standards. This 

information would be useful to the 

Agency as it considers relative priorities 

for possible rulemaking, and in the 

event that EPA grants either rulemaking 

request, this information would also be 

helpful as the Agency determines how 

to best minimize inconsistencies with 

other applicable regulatory regimes. 

CATEGORY 5—What existing 

information is available on the current 

practices, protocols or regulatory 

approaches to testing, monitoring and/ 

or reporting sewage discharges from 

vessels, and what, if any, are the 

practical limitations or burdens 

associated with these practices? 

Desirable input under this category 

would include information on if and 

how sewage effluent is currently 

monitored or tested and how data are 

reported to regulatory bodies, either 

voluntarily or to meet regulatory 

requirements. Desirable information 

also includes the specific parameters 

monitored or tested, costs associated 

with the testing, monitoring and 

recordkeeping practices, the cost of any 

vessel retrofitting to allow for the testing 

and monitoring, the frequency of testing 

and/or monitoring, and information on 

the use/availability of sewage alarm 

monitors. Helpful information also 

includes what other measures are being 

used to verify performance and to assess 

whether the sewage treatment device is 

properly operating or functioning once 

installed onboard. This information 

would be useful to the Agency as it 

determines how it might respond to 

FOE’s request for a monitoring and 

recordkeeping program under CWA 

section 312. 

V. Selected Examples of Other 

Regulatory Schemes Addressing 

Sewage Discharges From Vessels 

A. The International Convention for the 

Prevention of Pollution From Ships 

Because of the international nature of 

maritime commerce, many of the 

customs, practices, rules, and 

regulations associated with vessel 

operations are addressed through 

international agreements and 

conventions. A majority of ocean-going 

vessels operating in U.S. waters are 

registered in foreign countries and 

subject to the ‘‘International Convention 

for the Prevention of Pollution from 

Ships, 1973, as modified by the Protocol 

of 1978 relating thereto’’ (‘‘MARPOL’’). 

The Annexes to MARPOL address a 

range of operational discharges from 

vessels. The United States is a party to 

Annexes I (Oil), II (Noxious Liquid 

Substances), III (Harmful Substances in 

Packaged Form), V (Garbage), and VI 

(Air Emissions), but not Annex IV 

(Sewage). Thus, the United States is not 

bound by the provisions of Annex IV. 

However, in addition to being subject to 

the vessel sewage provisions of CWA 

section 312 while in the U.S. three mile 

territorial sea or inland waters, vessels 

flying the flag of countries that are 

parties to MARPOL Annex IV remain 

subject to the Annex’s requirements no 

matter where these vessels sail. 

Maritime authorities of Annex IV parties 

(the ‘‘flag State’’ or ‘‘Administration’’) are 

responsible for ensuring that the vessels 

registered under their flag are in 

compliance with applicable Annexes 

and the corresponding guidelines and 

regulations. 

1. MARPOL Annex IV 

The principal international 

instrument regulating discharges of 

sewage from vessels is Annex IV to 

MARPOL. Annex IV initially entered 

into force in September 2003, was 

thereafter revised, and the revisions 

entered into force internationally in 

August 2005. See resolution 

MEPC.115(51); available in the docket 

for this Notice. Annex IV applies to 

subject vessels engaged in international 

voyages of 400 gross tonnage and above, 

and to subject vessels of less than 400 

gross tonnage which are certified to 

carry more than 15 persons (passengers 

and crew). Annex IV is effectuated by 

regulations (binding on signatories to 

the Annex) and associated guidelines 

that contain, among other requirements, 

limits on the discharge of sewage into 

the sea, a provision for reception 

facilities at ports and terminals to 

receive sewage, and requirements for 

the survey and certification of a vessel’s 

sewage treatment device. Vessels that 

comply with Annex IV requirements are 

issued an International Sewage 

Pollution Prevention Certificate (ISPPC) 

by their Administration or Recognized 

Organization (RO). 

Vessels subject to Annex IV are 

required to undergo periodic surveys to 

ensure compliance with the Annex IV 

requirements; surveys are to be 

conducted every five years by the 

Administration or RO. Among other 

things, a vessel undergoing a survey 

must demonstrate that it is equipped 

with either (1) An STP type-approved 

by the Administration, taking into 

account the operational requirements 

based on standards and test methods 

developed by the International Maritime 

Organization (IMO)’s Marine 

Environment Protection Committee 

(MEPC), (2) an approved sewage 

comminuting and disinfecting system, 

or (3) an approved sewage holding tank. 

In addition to the survey 

requirements, Annex IV contains 

prohibitions on the discharge of sewage. 

In particular, Annex IV prohibits the 

discharge of sewage into the sea except 

when: 

• The vessel is discharging 

comminuted and disinfected sewage 

from an approved system at a distance 

of more than three nautical miles from 

the nearest land; or 

• The vessel is discharging sewage 

which is not comminuted or disinfected 

(i.e., untreated sewage), at a distance of 

more than 12 nautical miles from the 

nearest land, provided that sewage that 

has been stored in holding tanks, or 

sewage originating from spaces 

containing living animals, is not 

discharged instantaneously but at a 

moderate rate when the ship is en route 

and proceeding at a speed of at least 

four knots (See resolution MEPC.157(55) 

providing the recommendations on 

standards for the rate of discharge of 

untreated sewage; available in the 

docket for this Notice); or 

• The vessel is using a type-approved 

STP that has been certified by the 

Administration to meet the applicable 

IMO recommendations and regulations, 

the test results are laid down in the 

ship’s ISPPC, and the effluent does not 

produce visible floating solids or cause 

discoloration of the surrounding water. 

2. Revised Annex IV Effluent Standards 

and Performance Tests for STPs 

As previously noted, with respect to 

STPs, the MARPOL Annex IV 

regulations require vessel owners/ 

operators to demonstrate that the vessel 

is equipped with a type-approved STP 

that meets the operational requirements 

based on standards and test methods 

developed by the MEPC. These 

MARPOL requirements for certification 

of an STP are functionally similar to the 

Coast Guard’s certification process for 

MSDs: The STP undergoes a series of 

performance tests to demonstrate that 

the device produces an effluent meeting 

the prescribed standards outlined in the 

MARPOL Annex IV guidelines. Once 

this demonstration has been made, the 

Administration will issue a Certificate 

of Type Approval for that STP model. 

On December 3, 1976, the IMO 

adopted effluent standards and 

guidelines for performance tests for 

STPs, and invited signatory 

governments to establish testing 

programs in accordance with the 

standards and guidelines. See resolution 


erowe on DSK5CLS3C1PROD with NOTICES
39690 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 

MEPC.2(VI); available in the docket for 

this Notice. On October 13, 2006, the 

MEPC adopted revised effluent 

standards and performance tests for 

STPs. See resolution MEPC.159(55); 

available in the docket for this Notice. 

According to the latest resolution 

adopted by the MEPC, the revised 

effluent standards and performance tests 

reflect ‘‘current trends for the protection 

of the marine environment and 

developments in the design and 

effectiveness of commercially available 

sewage treatment plants * * *’’. Id. The 

revised standards and testing 

requirements apply to STPs installed 

onboard ships on or after January 1, 

2010. Ships with STPs installed prior to 

that date may continue to use 

equipment certified to the previous 

standards. See resolution MEPC.2(VI) 

for previous standards. 

A comparison of the previous 

(MEPC.2(VI)) and revised 

(MEPC.159(55)) MARPOL Annex IV 

effluent standards for STPs to the 

current CWA performance standards for 

Type II MSDs is presented in the 

following table (Table 2). 

TABLE 2 

ANALYTE 

MARPOL 73/78 

ANNEX IV STANDARDS FOR STPs CWA PERFORMANCE STANDARDS FOR TYPE II MSDs 

MEPC.2(VI) MEPC.159(55) 

Coliform .......................................... Geometric mean ≤ 250 per 100 

mL (fecal coliform; most probable number).

Geometric mean ≤ 100 per 100 

mL.

(thermotolerant coliform) ...............

≤ 200 per 100 mL 

(fecal coliform). 

Total Suspended Solids (TSS) 

(mg/L).

Geometric mean ≤ 50 .................. Geometric mean ............................

≤ 35. 

≤ 150. 

pH ................................................... ....................................................... 6–8.5. 

BOD5 (mg/L) .................................. Geometric mean ≤ 50 .................. Geometric mean. 

≤ 25 

COD (mg/L) .................................... ....................................................... ≤ 125. 

Residual Chlorine (mg/L) ............... As low as practicable ................... < .5. 

3. Coast Guard Policy With Respect to 

MARPOL Annex IV and the Revised 

Effluent Standards 

Although the United States is not a 

party to MARPOL Annex IV, a U.S.- 

flagged vessel engaged in international 

voyages may still be required to comply 

with its provisions if the vessel operates 

in the waters of a port State that is a 

party to Annex IV. The Coast Guard has 

developed guidance and policies in 

order to address the potential for 

adverse port State control actions 

against U.S.-flagged vessels operating 

overseas. (This guidance also accords 

reciprocity to foreign-flagged vessels 

subject to Annex IV while operating in 

waters subject to the United States’ 

jurisdiction.) See Navigation and Vessel 

Inspection Circular (NVIC) No. 1–09 

(June 23, 2009); available in this docket. 

Because the United States is not a 

party to MARPOL Annex IV, the Coast 

Guard cannot issue an ISPPC to 

domestically-flagged vessels, and 

instead issues a Statement of Voluntary 

Compliance (SOVC). U.S.-flagged 

vessels engaged in international voyages 

with sewage treatment devices that 

comply with Annex IV standards may 

be eligible to receive a SOVC. This 

certificate, issued by the Coast Guard or 

an Authorized Classification Society, 

demonstrates voluntary compliance 

with the revised Annex IV standards 

and testing requirements. While U.S.- 

flagged vessels are not required to 

obtain an SOVC, these vessels must still 

be able to demonstrate compliance with 

Annex IV while engaged in 

international voyages, or risk being 

detained overseas when operating in 

waters subject to the jurisdiction of 

parties to Annex IV. 

The Coast Guard’s policy outlined in 

NVIC No. 1–09 also notes that Coast 

Guard-certified Type II MSDs that are 

installed on or after January 1, 2010, and 

are unable to meet the revised Annex IV 

standards for STPs may still qualify as 

sewage comminuting and disinfecting 

devices under Annex IV, provided that 

the vessel is equipped with a 

satisfactorily sized storage tank. 

However, this may mean that some U.S.- 

flagged vessels utilizing Type II MSDs 

will be unable to discharge treated 

sewage effluent within three nautical 

miles of land where the port State is a 

signatory to MARPOL Annex IV. 

B. Certain Alaska Cruise Ship 

Operations 

Amid growing public concerns about 

the quantity and quality of discharges 

from cruise ships operating in certain 

areas in Alaska, Congress enacted an 

omnibus appropriation on December 21, 

2000, that included new statutory 

requirements for certain cruise ships 

discharging graywater and sewage in 

Alaska (Departments of Labor, Health 

and Human Services, and Education, 

and Related Agencies Appropriations 

Act, 2001, Pub. L. 106–554, 114 Stat. 

2763, enacting into law Title XIV of 

Division B of H.R. 5666, 114 Stat. 

2763A–315, and codified at 33 U.S.C. 

1901 Note (Title XIV)). 

Title XIV does not supersede 

regulation of sewage discharges from 

cruise ships under CWA section 312. 

Rather, Title XIV established separate 

discharge standards for sewage and 

graywater discharges from those cruise 

ships authorized to carry 500 or more 

passengers and operating in the waters 

of the Alexander Archipelago, the 

navigable waters of the United States 

within the State of Alaska, and within 

the Kachemak Bay National Estuarine 

Research Reserve. Specifically, Title 

XIV requires that such cruise ships 

discharging within one nautical mile of 

shore, or discharging in any Alaskan 

waters when the vessel is traveling 

under six knots, must meet the 

following standards: for fecal coliform, 

the geometric mean of samples taken 

during any 30-day period may not 

exceed 20 fecal coliform per 100 mL, 

and no more than 10% of the samples 

may exceed 40 fecal coliform per 100 

mL; for chlorine, total chlorine residual 

does not exceed 10.0 micrograms/liter. 

Title XIV also requires that the 

discharged effluent meet secondary 

treatment standards for 5-day 

biochemical oxygen demand, suspended 

solids, and pH. See 40 CFR 133.102 

(secondary treatment standards). 

Finally, Title XIV requires that regulated 

cruise ships traveling at least six knots 

and discharging treated sewage outside 

of one nautical mile from shore must 

meet EPA’s CWA section 312 

performance standards for Type II MSDs 

(an effluent with a fecal coliform 

bacterial count not greater than 200 per 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 39691 

4Many of the cruise ships operating in the 

navigable waters of the United States are registered 

under flag Administrations who are signatories to 

MARPOL Annex IV. As such, these foreign-flagged 

cruise ships subject to Title XIV must meet the 

requirements of Annex IV, CWA section 312, and 

Title XIV. 

100 mL, and no more than 150 mg total 

suspended solids per liter).4

Like the CWA section 312 program, 

Title XIV is jointly implemented by EPA 

and the Coast Guard: Congress provided 

responsibility for regulatory discharge 

standards to EPA and responsibility for 

enforcement to the Coast Guard. In 

particular, Title XIV authorizes EPA to 

revise or develop additional standards 

for sewage and graywater discharges 

from cruise ships operating in 

applicable waters of Alaska, if 

appropriate. Alaska is also authorized to 

petition EPA to establish NDZs for 

sewage and graywater discharges from 

cruise ships regulated under Title XIV. 

Title XIV requires the Coast Guard to 

incorporate an inspection regime into its 

commercial vessel examination program 

that will verify compliance with the 

requirements of the statute. Title XIV 

also authorizes the Coast Guard to 

conduct unannounced inspections and 

require cruise ship owners/operators to 

keep logbooks of all sewage and 

graywater discharges, and provides for 

administrative and criminal penalties 

for violations of the statute’s provisions. 

The Coast Guard has promulgated 

regulations to implement the various 

provisions of Title XIV. See 33 CFR 

159.301 et seq. 

VI. Additional Information on 

Submitting CBI 

You are entitled to assert a business 

confidentiality claim covering all or part 

of the information you submit in 

response to this Notice, in accordance 

with the procedures described in EPA’s 

CBI regulations, 40 CFR part 2, subpart 

B. Under 40 CFR 2.201(e), business 

confidentiality incorporates the concept 

of trade secrecy and other related legal 

concepts which give (or may give) a 

business the right to preserve the 

confidentiality of business information 

and to limit its use or disclosure by 

others in order that the business may 

obtain or retain business advantages it 

derives from its rights in the 

information. EPA will construe your 

failure to furnish a business 

confidentiality claim with your 

response as a waiver of that claim, and 

the information may be made available 

to the public or authorized 

representatives without further Notice 

to you. 

The criteria EPA will use in 

determining whether material you claim 

as business confidential is entitled to 

confidential treatment are set forth at 40 

CFR 2.208. This regulation provides, 

among other things, that you must 

satisfactorily demonstrate that: (1) The 

information is within the scope of 

business confidentiality as defined at 40 

CFR 2.201(e); (2) that you have taken 

reasonable measures to protect the 

confidentiality of the information and 

that you intend to continue to do so; (3) 

the information is not and has not been 

reasonably obtainable by legitimate 

means without your consent; and (4) the 

disclosure of the information is likely to 

cause substantial competitive harm to 

your business position. See 40 CFR 

2.208 (a)–(d). 

Do not submit CBI to EPA through 

http://www.regulations.gov or e-mail. 

Clearly mark the page, paragraph and 

sentence when identifying the 

information that you claim to be CBI. 

See 40 CFR 2.203(b) for additional 

instructions on the method for asserting 

a business confidentiality claim. For CBI 

information on a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. EPA may, without further 

notice, provide the public or authorized 

representative with any information not 

subject to a CBI claim. 

Dated: July 2, 2010. 

Denise Keehner, 

Director, Office of Wetlands, Oceans, and 

Watersheds. 

[FR Doc. 2010–16909 Filed 7–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R03–OW–2009–0985; FRL–9174–6] 

Announcement To Extend the 

Recommended Determination 

Preparation Period for the Spruce No. 

1 Surface Mine, Logan County, West 

Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; Announcement of 

extension. 

SUMMARY: EPA’s regulations require that 

the Regional Administrator either 

withdraw the Spruce No. 1 Proposed 

Determination or prepare a 

Recommended Determination within 30 

days after the conclusion of the public 

hearing (40 CFR 231.5(a)). However, in 

order to allow full consideration of the 

extensive record, including over 4000 

public comments we received, EPA 

finds there is good cause to extend the 

time period provided in 40 CFR 231.5(a) 

until September 24, 2010. This time 

extension was made under authority of 

40 CFR 231.8, which allows for such 

extensions upon a showing of good 

cause. 

Dated: June 29, 2010. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2010–16906 Filed 7–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

the Federal Deposit Insurance 

Corporation’s Board of Directors will 

meet in open session at 10:30 a.m. on 

Monday, July 12, 2010, to consider the 

following matters: 

SUMMARY AGENDA: No substantive 

discussion of the following items is 

anticipated. These matters will be 

resolved with a single vote unless a 

member of the Board of Directors 

requests that an item be moved to the 

discussion agenda. 

Disposition of minutes of previous 

Board of Directors’ Meetings. 

DISCUSSION AGENDA: Memorandum and 

resolution re: Information Sharing 

Memorandum of Understanding. 

The meeting will be held in the Board 

Room on the sixth floor of the FDIC 

Building located at 550 17th Street, 

NW., Washington, DC. 

This Board meeting will be Webcast 

live via the Internet and subsequently 

made available on-demand 

approximately one week after the event. 

Visit http://www.vodium.com/goto/fdic/ 

boardmeetings.asp to view the event. If 

you need any technical assistance, 

please visit our Video Help page at: 

http://www.fdic.gov/video.html. 

The FDIC will provide attendees with 

auxiliary aids (e.g., sign language 

interpretation) required for this meeting. 

Those attendees needing such assistance 

should call (703) 562–6067 (Voice or 

TTY), to make necessary arrangements. 


erowe on DSK5CLS3C1PROD with NOTICES