puitlebt "States "Smate 

WASHINGTON, DC 20510-0905 

April 9, 2009 

BILL NELSON 

FLORIDA 

Joyce K. Frank 

Acting Associate Administrator for Congressional and 

Intergovernmental Relations 

Environmental Protection Agency 

1200 Pennsylvania Avenue Northwest, Rm. 3426 ARN 

Washington, DC 20460 

Dear Mr. Administrator: 

I am referring the enclosed inquiry from my constituent, Charles Husick, regarding 

sewage disposal from recreational vessels to your office . 

My constituent would appreciate your careful consideration of these remarks, and your 

thoughts on what remedies there are for this situation. Please respond directly to him and send a 

copy to me. 

The Honorable Bill Nelson 

United States Senate 

Washington, DC 20510 

Attention : Laura Glickman 

I thank you for your attention to this matter . 

Sincerely, 

4 14ko~ 
EPA / Marine Sanitation Devices (MSDs) 

Briefing Paper; Environmentally Safe Disposal of Sewage From 

Small (Less Than 20 meter) Recreational Vessels 

The Problem : 

The continued application of 35+ year old, outdated EPA rules for 

the discharge of treated sewage from small vessels discourages 

boat owners from buying and using available waste treatment 

equipment that has been proven by EPA test to surpass the 

existing treatment standard by a factor in excess of 100:1 The 

result is unnecessary pollution of coastal waters . 

Recommended Solution: 

Create a new treatment standard 100 times more demanding than 

the existing standard. Change EPA rules to permit and encourage 

vessels less than 20 meters in length to use equipment that meets 

the new standard in all US tidal waters other than those where 

scientific test demonstrates that the discharge of waste treated in 

accordance with the new standard would cause measurable harm 

to the aquatic environment. 

Background : 

Title 40, Protection of the Environment, Part 140, Marine 

Sanitation Device Standard 140 .3, published in 40 FR 4622, 

January 30, 1975 established regulations for the use of and 

standards for the performance of Coast Guard Certified Marine 

Sanitation Devices, including flow-through devices that treat and 

then discharge the treated waste into the water surrounding the 

boat . The specification states that "the effluent shall not have a 

fecal coliform bacterial count of greater than 1,000 per 100 

milliliters nor visible floating solids" . This specification for a Type 

1 Marine Sanitation Device (MSD) has remained in effect for boats 

less than 20 meters in length since 1975 . (A different and 

somewhat more stringent standard applies to boats longer than 20 
meters in length) . The test standards for such devices are 

provided in 33 CFR 159 .121 . 

The provisions of 40 CFR Part 140 include procedures whereby a 

state may apply to the EPA for approval of a "No Discharge Zone" 

(more accurately a No Treatment Zone) in which the waste from a 

Coast Guard Approved Type I MSD may not be discharged into 

the sea . In such areas all waste must be retained on board the 

vessel until it is either discharged into a shore-side waste 

receiving facility (pump-out station) or legally discharged into 

offshore waters. It is important to note that the neither the 

request for establishment of a NDZ nor the granting of the request 

requires any evidence that the use of current specification Type I 

MSDs have, or would have, any effect on the environmental 

quality of the waters in the proposed NDZ. 

The Current Situation: 

Although Federal funds have been made available for installation 

of pump-out stations such facilities are often inaccessible, 

inoperative or inadequate for the boating population in waters 

designated as no discharge (no treatment) zones. Boat owners who 

normally operate in such waters are discouraged from installing 

proven effective on-board treatment systems . The use of holding 

tanks, Type III MSDs, creates problems; including malodors and 

the generation of harmful gases that interfere with their use . This 

and the unavailability of pump-out facilities results in instances of 

unlawful overboard discharge of untreated waste from vessels 

equipped with only a Type III MSD, a holding tank . 

A Recommended Solution: 

Improved technology Type I MSDs are widely available that 

produce an undiluted effluent with a coliform bacterial count of 

less than 10 per 100 ml; 1/100th of the current (unchanged since 

1975) specification. We have made repeated requests that the EPA 

recognize the very substantial progress that has been made in onboard treatment equipment and to both permit and encourage use 
of this equipment in all tidal waters, including those now specified 

as no treatment zones . (With appropriate exception for bodies of 

water where valid scientific test shows that discharge of even the 

minute bacterial level in the effluent of the improved devices 

should not be permitted) . 

The EPA has consistently refused (for well over 8 years) to change 

the regulations that establish and continue the no treatment 

zones in effect, claiming that they had no funds for the test of the 

improved equipment they claimed to be necessary before the rule 

change we requested could be made . 

At our request and through the interest and efforts of members of 

Congress $200,000 was made available to the EPA for the purpose 

of testing the new technology equipment. The results, provided in 

a preliminary EPA report show the treatment result noted above; 

an undiluted effluent that is cleaner than the water in which the 

boat is floating. (We have been waiting for more than 6 months for 

the final report from the EPA) . 

My Request to Senator Nelson: 

I am respectfully requesting Senator Nelson's assistance to 

require that the EPP (which is required to use "best available 

practice" to safeguard the environment) recognize the availability 

and value of the new technology on board flow through treatment 

equipment. That they both permit and encourage its use as 

described above . 

There is no need for government funding of any kind. Boat owners 

are now buying and installing this equipment and will purchase 

substantially more of these US made devices if they know that 

they will be permitted to use them in the waters in which they sail 

(no one will willingly use a holding tank if there is a lawful and 

effective alternative) . 

Personal Information: 
I am a private citizen, engineer, technical consultant in marine 

and aviation and a journalist writing for many of the US boating 

publications . A former Chairman and President of the Chris Craft 

Boat Company, I own a boat and hold a Coast Guard Masters 

License . I serve on the BoatUS Advisory Council and as a member 

of the Board of Directors of the Radio Technical Committee for 

Maritime Services . I am not paid to engage in this work by any 

person, company or organization . I will travel to Washington or to 

any other appropriate location in furtherance of the goal of 

changing the regulations that are causing unnecessary pollution 

of our coastal waters. None of us would willingly live with the 

vehicle emission and related clean air regulations that were 

acceptable standards in 1975! We should not have to suffer the 

continued imposition of the 1975 EPA waste treatment and 

disposal rules. 

4 March 09 

Charles B. Husick 

President, OWA, Inc. 1375 Pinellas Bayway, #29 

St. Petersburg, FL 33715-2133