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United States Environmental Protection Agency 

Office of Water 

Office of Wetlands, Oceans, and Watersheds 

Oceans and Coastal Protection Division 

July 12, 2010

Questions and Answers 

Federal Register Notice Seeking Stakeholder Input on Petition and 

Other Request to Revise the Performance Standards for Marine 

Sanitation Devices 

(Clean Water Act § 312(b))

1. What is the Clean Water Act section 312 vessel sewage program? 

Clean Water Act (CWA) sections 312(a) – (m) provide the framework under which the U.S. 

Environmental Protection Agency (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 U.S. navigable waters (which include the three mile territorial seas), unless the 

vessel is equipped with an operable marine sanitation device (MSD) (devices that treat vessel 

sewage) certified by the Coast Guard to meet applicable performance standards. 

The provisions of CWA section 312 are implemented jointly by EPA and the Coast Guard. EPA 

sets MSD performance standards (EPA has established standards for fecal coliform and total 

suspended solids) and is involved in the establishment of no discharge zones for vessel sewage 

(areas in which both treated and untreated sewage discharges from vessels are prohibited). The 

Coast Guard is responsible for developing regulations governing the design, construction, 

certification, installation and operation of MSDs, consistent with EPA’s standards (See 33 CFR 

Part 159). EPA finalized the performance standards for MSDs on January 29, 1976 (See 40 CFR 

Part 140). 

2. Why is EPA publishing a Federal Register Notice? 

EPA received a petition for rulemaking and another separate request for rulemaking 

(collectively, “rulemaking requests”) asking the Agency to revise its regulations establishing

performance standards for MSDs pursuant to the Agency’s authority under section 312(b)(1) of 

the CWA. The rulemaking petition also requests that EPA establish monitoring, recordkeeping 

and reporting requirements under the CWA to ensure compliance with the performance 

standards. 

EPA is publishing a Federal Register Notice to make the public aware of the issues raised in the 

rulemaking requests and to obtain the public’s input, in the form of comment and relevant 

information, to help EPA determine appropriate action in response to the requests. 

*** FOR INFORMATIONAL PURPOSES ONLY ***
2 *** FOR INFORMATIONAL PURPOSES ONLY *** 

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3. Is EPA revising the MSD performance standards? 

EPA has not made a decision on whether to propose any changes to the MSD performance 

standards in light of the rulemaking requests. The Federal Register Notice does not contain, 

modify or establish any regulatory requirements, but simply seeks public input on what, if any, 

changes might be warranted and asks for technical input and factual information. 

 

4. What type of technical input and factual information is the Agency seeking 

from the public? 

EPA is seeking comments on the rulemaking requests, and is soliciting additional technical input 

and factual information that will be useful to the Agency as it considers how it might respond to 

these requests. In general, EPA is seeking the following types of technical input and factual 

information from the public: 

1. What existing public or private data sources are available for use in identifying, 

categorizing, and describing the universe of vessels operating on U.S. navigable waters 

that also use sewage treatment devices? 

2. What existing technical information is available on the performance, effectiveness and 

costs of various vessel sewage treatment devices, including performance testing data? 

3. Are you aware of any existing information about other countries’ domestic laws that 

establish standards or discharge limitations for vessel sewage? 

4. Given existing international and Federal limitations and controls regulating discharges of 

sewage from vessels, and in light of the numerous CWA section 312 State-established 

NDZs, should EPA consider revisions to the performance standards for MSDs, and what 

should be the basis for such a decision? 

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? 

5. When must EPA receive comments in response to the Federal Register 

Notice? 

Comments in response to this Federal Register Notice must be received on or before November 

9, 2010. Please refer to the Federal Register Notice for additional information about submitting 

comments. The Federal Register Notice can be accessed online at www.regulations.gov, Docket 

ID No. EPA-HQ-OW-2010-0126, or visit EPA’s website at: 

http://www.epa.gov/owow/oceans/regulatory/frnotice_marinesanitation.html. 

For more information on the Federal Register Notice please contact: 

Kathryn Benz, Oceans and Coastal Protection Division, (202) 564-1223, msdstandardshq@epa.gov.