Date Location EPA Rep Organization(s)

12-Oct-10 Meeting at EPA

David Smith, Paul 

Amato, Brett Moffatt, 

Maya Kuttan Pacific Merchant Shipping Association

7-Dec-10 Meeting at EPA

David Smith, Paul 

Amato

Pacific Merchant Shipping Association, American 

Waterways Operators

29-Dec-10 Email 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 Whitney
Bryan 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 EPA
1. 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.