**Date Location**  **EPA Rep Organization(s)** 

12-Oct-10Meeting at EPA David Smith, Paul Amato, Brett Moffatt, Maya Kuttan Pacific Merchant Shipping Association

7-Dec-10Meeting at EPA David Smith, Paul Amato Pacific Merchant Shipping Association, American

Waterways Operators
29-Dec-10Email Paul Amato Chamber of Shipping of America

6-Jan-11 Email Paul Amato US Coast Guard

11-Jan-11 Meeting at EPA David Smith, Paul Amato, Brett Moffatt, Maya Kuttan World Shipping Council,

Pacific Merchant Shipping Association

14-Jan-11 Phone David Smith California State Water Resources Control Board

14-Jan-11 Phone David Smith Friends of the Earth

19-Jan-11 Phone David Smith Friends of the Earth

11-Feb-11 Meeting at State

Water Board Alexis Strauss, John

Kemmerer, David Smith California State Water Resources Control Board California No Discharge Zone Record of EPA communications with interested parties between draft and final rule.1-Apr-11 Phone David Smith World Shipping Council, Pacific Merchant Shipping Association 12-Apr-11 Meeting at EPA David Smith, Paul Amato World Shipping Council,

Pacific Merchant Shipping Association**Representative(s)**

John Berge VP PMSA, Barry Ogilby, Attorney Cooper, White & Cooper John Berge VP PMSA, Charlie Costanzo AWO Kathy Metcalf, CSA
Jon Bechtle, USCG Bryan Wood-Thomas VP WSC, John Butler GC WSC, John Berge VP PMSA

Darrin Polhemus, Phil Isorena

Marcie Keever

Marcie Keever

Tom Howard, Jonathan Bishop, Vicki WhitneyBryan Wood-Thomas VP WSC,

John Berge VP PMSA Bryan Wood-Thomas VP WSC, John Berge VP PMSA**Information Received**

None

None 2010 vessel sewage data for over 600 CSA member vessels. 2010 National Vessel Movement Center data on vessel arrival and departure to CA ports.

None
Mr. Polhemus indicated the State Board would support a revised scope of the rule to regulate large ocean going vessels with holding capacity and finds that approach consistent with the State's NDZ application. He indicated the State Board would issue a letter to that effect. Ms. Keever indicated she believed the coaltion of citizen groups that commented on the draft rule would be comfortable with revising the rule to regulate LOGVs to the extent of their holding tank capacity. She reiterated the groups' view that the rule should be promptly established. She indicated she would check with partner groups and let EPA know if there were concerns about the suggested alternative rule approach.

Ms. Keever indicated she had discussed the suggested change in rule approach with colleagues and that there were no objections.

State Board indicated it would provide letter soon.1. Mr. Wood-Thomas and Mr. Berge reported that they had contacted several vessel

operators that are members of their associations representing a range of vessel ages, types, and countries or origin. They reported that it appears this potential rule approach would pose no operational difficulties for their members and that vessels appear to have the operational flexibility to first direct sewage to holding tanks, if installed, then divert sewage prior to the tank entry point for treatment through a Type II MSD prior to direct discharge. 2. Mr. Wood-Thomas and Mr. Berge agreed that practical definitions made sense and recommended that the rule contain language to address/define “empty” and “full” tanks. Mr. Berge suggested it might be possible to define “empty” as the amount of sewage that can be pumped from the tank with installed equipment. Mr. Berge indicated that the concept of a “full” holding tank may not have been precisely defined, but that association members thought that filling a tank to 90-95% of its rated capacity was within safe operating tolerances for the tanks on their ships. He further indicated that 90% might make sense for relatively small tanks and 95% for larger tanks. Mr. Wood-Thomas and Mr. Berge indicated some members may have additional feedback concerning these questions and agreed to notify EPA if they obtain additional information on these questions. Confirmed that vessels can fill tanks then bypass to an MSD. Full = 90% to 95% and Empty = what can be pumped.**Topic(s) Discussed**

Discussed written comments provided by PMSA with a focus on the LOGV 2-day holding capacity criteria. Industry concern with proposed 2-day holding capacity for LOGVs; recommendation to exempt LOGVs that do not leave CA water. N/A
N/A Industry comments regarding viability of alternative approach to the proposed 2-day holding capacity for LOGVs. Potential revison of the rule to prohibit LOGVs with sewage holding tanks from discharging unless they enter California waters with empty holding tanks, fill the tanks before discharging, then bypass the tanks to discharge any additional sewage through approved Type II MSDs while remaining in state waters. Potential revison of the rule to prohibit LOGVs with sewage holding tanks from discharging unless they enter California waters with empty holding tanks, fill the tanks before discharging, then bypass the tanks to discharge any additional sewage through approved Type II MSDs while remaining in state waters. Potential revison of the rule to prohibit LOGVs with sewage holding tanks from discharging unless they enter California waters with empty holding tanks, fill the tanks before discharging, then bypass the tanks to discharge any additional sewage through approved Type II MSDs while remaining in state waters. Update on status of EPAs' work to develop the final NDZ rule and discussions with State Board's Darrin Pohlhemus on the recommended change in approach. Discussed State's preparation of a letter of support to EPA1. Potential revison of the rule to prohibit LOGVs with sewage

holding tanks from discharging unless they enter California waters with empty holding tanks, fill the tanks before discharging, then bypass the tanks to discharge any additional sewage through approved Type II MSDs while remaining in state waters. 2. How the rule might address the expectation that vessels enter State waters “empty” then be “filled” prior to any treated sewage discharge while the vessels remain in State waters. EPA indicated that it wanted to take a practical approach to these concepts, meaning that an “empty” tank would contain deminimus amounts of remaining sewage, and that a “filled” tank should only be filled to safe levels consistent with the operational design protocols for the tank. How vessels are plumbed for sewage. Practical definitions of full and empty tanks.