### puitlebt "States "Smate WASHINGTON, DC 20510-0905 April 9, 2009 BILL NELSON FLORIDA Joyce K
. Frank ActingAssociate Administrator for Congressional and Intergovernmental Relations Environmental Protection Agency 1200 Pennsylvania Avenue Northwest, Rm
. 3426ARN Washington, DC20460 Dear Mr
. Administrator: I amreferring the enclosed inquiry frommy constituent, Charles Husick, regarding sewage disposal fromrecreational vessels toyour office
. My constituent would appreciate your careful consideration ofthese remarks, andyour thoughts on what remedies thereare for this situation
. Please respond directly to himand send a copy to me. The Honorable Bill Nelson

United States Senate Washington, DC20510 Attention: Laura Glickman I thankyouforyour attention to this matter
. Sincerely,



# 414ko~EPA/ Marine Sanitation Devices (MSDs)

Briefing Paper; Environmentally Safe Disposal ofSewage From

Small (Less Than 20 meter) Recreational Vessels The Problem

: The continued application of 35+ year old, outdated EPArules for the discharge of treated sewage fromsmall vessels discourages boat owners frombuying and using available waste treatment equipment that has been proven by EPAtest to surpass the existing treatment standard by a factor in excess of 100 :1 The result is unnecessary pollution ofcoastal waters
. Recommended Solution: Create a new

treatment standard 100 times more demanding than the existing standard
. Change EPArules 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 ofwaste 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, 1975established regulations for the use ofand 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 coliformbacterial 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
. (Adifferent and somewhat more stringent standard applies to boats longer than 20meters 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 EPAfor approval of a "No Discharge Zone" (more accurately a NoTreatment Zone) in which the waste froma 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 frominstalling 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
. ARecommended Solution: Improved technology Type I MSDs are widely available that produce an undiluted effluent with a coliformbacterial 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 useofthis 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 8years) to change the regulations that establish and continue the no treatment zones in effect, claiming that they had nofunds 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 $200,000was made available to the EPAfor the purpose oftesting the new

technology equipment
. The results, provided in a preliminary EPAreport 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 fromthe EPA)
. My Request to Senator Nelson: I amrespectfully 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 flowthrough 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 andwill purchase substantially more of these US made devices if they know that they will be permitted to use themin the waters in which they sail (noone 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 ajournalist writing for many of the US boating publications
. Aformer Chairman and President of the Chris Craft Boat Company, I own a boat and hold a Coast Guard Masters License
. I serve on the BoatUSAdvisory Council and as a member ofthe Board of Directors ofthe RadioTechnical Committee for Maritime Services
. I amnot paid to engage in this work by any person, company or organization
. I will travel toWashington or to any other appropriate location in furtherance of the goal of changing the regulations that are causing unnecessary pollution ofour 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 ofthe 1975 EPAwaste treatment and disposal rules
. 4March 09 Charles B

. Husick President, OWA, Inc
. 1375 Pinellas Bayway, #29 St
. Petersburg, FL 33715-2133