No Discharge Areas (NDAs) in New England and Marine Sanitation Devices (MSDs)

1. No Discharge Areas (NDAs)in New England andMarine Sanitation Devices (MSDs) Environmental Protection Agency, Region-1 And the First Coast Guard District, Prevention Division A joint presentation of the Environmental Protection Agency Region-1 and the United States Coast Guard First District

2. Objective • Educate members of the USCG Auxiliary and US Power Squadron who deal with the recreational and commercial boating public about No Discharge Areas (NDAs) in New England and the use of Marine Sanitation Devices (MSDs). • EXPECTATION – students will be better prepared to engage in public education about protection of the marine environment.

3. Definitions (1) • Sewage means human body waste and the wastes from toilets and other receptacles intended to receive or retain body wastes. • Discharge includes, but is not limited to, any spilling, leaking, pumping, emitting, emptying, or dumping. • Marine Sanitation Device (MSD) includes any equipment for installation onboard a vessel and which is designed to receive, retain, treat, or discharge sewage and any process to treat such sewage.

4. Definitions (2) • Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on waters of the United States. • New Vessel refers to any vessel on which construction was initiated on or after January 30, 1975. • Existing Vessel refers to any vessel on which construction was initiated before January 30, 1975.

5. Definitions (3) • Fecal Coliform Bacteria are those organisms associated with the intestines of warm-blooded animals that are commonly used to indicate the presence of fecal material and the potential presence of organisms capable of causing human disease.

6. Definitions (4) • Black Water is sewage. • On the Great Lakes, the definition of “sewage” includes Grey water • Grey Water is water from bathing (sink & shower drains) and washing (galley sinks). • If mixed with any sewage, it is Black Water. • A toilet is not an MSD; the MSD holds and/or processes the wastes a toilet receives and discharges.

7. What We’ll Cover • NDAs Defined: • Laws • Current Areas in New England • MSDs: • Types • What They Do • How They Must Be Maintained • NDA Enforcement: • Securing in NDAs & Other Waters • What to Expect Locally • USCG First District Policy

8. Part 1 No Discharge Areas (NDAs) A joint presentation of the Environmental Protection Agency Region-1 and the United States Coast Guard First District

9. General Laws & Regulations • Pollution Discharge Laws: • Federal Water Pollution Control Act (FWPCA) -1948, as amended • Clean Water Act (CWA) – 1972, 1977 • EPA has authority to regulate • EPA & USCG have authority for prevention, response and enforcement • Clean Vessel Act (CVA) – 1992 • Funding for sewage pump-out stations

10. General Laws & Regulations • Regulations • 33 CFR 2.05-30 Defines waters subject to U.S. jurisdiction • 33 CFR 159 “Marine Sanitation Devices” • 33 CFR 159.3 “Definitions” • 33 CFR 159.7 “Requirements for Vessel Operators” • 40 CFR 140 Standards for U.S. waters • 40 CFR 140.1 “Definitions” • 40 CFR 140.4 Defines discharge prohibition and the rules by which States may apply for NDAs

11. No Discharge Areas • “A No Discharge Area (NDA) is a designated body of water where the discharge of treated and untreated boat sewage is prohibited” • Key points: • Designated body of water • Both treated and untreated sewage • Remember • It is always illegal to discharge untreated (raw) sewage from a vessel in U.S. waters extending out to the 3-nm limits of the Territorial Sea (CWA 1972)

12. No Discharge Areas • Why … • Control spread of disease • Control amounts of nutrients in water • Minimize algae blooms • Impact on dissolved oxygen • Control amounts of toxic chemicals in water

13. No Discharge Areas • States determine the body of water to be designated • Involves much coordination at the local level • Federal agencies participate & advise • States petition the EPA for the designation • EPA reviews petition & makes the determination • Availability of sewage Pump-out facilities

14. Current NDAs Source: http://www.epa.gov/region1/eco/nodiscrg/pdfs/nodischarge_ne.pdf ME has petitioned the EPA to include Mt Desert Island area and Cranberry Islands Updated through April 2009

15. Part 2 Marine Sanitation Devices A joint presentation of the Environmental Protection Agency Region-1 and the United States Coast Guard First District

16. Types of MSDs • Three types approved for use: • Type I: A device that produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible floating solids. • Type II: A device that produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 milliliters, and suspended solids not greater than 150 milligrams per liter. • Type III: A device that is designed to prevent overboard discharge of treated or untreated sewage or any waste derived from sewage.

17. Type I & II MSDs • Treated waste • Chlorine ions • Chemical additives (Type/Brand Specific) • Electric dissociation • Maceration • High-temperature decomposition • Treated waste discharged overboard • Where permitted

18. Type III MSD • Most recreational boats with installed toilets use a Type III MSD. • Holding Tank with air vent • An aerobic biological process • Generally has an overboard discharge thru-hull valve with a “Y” valve and a Macerator Pump

19. MSD General Rules (1) • ALLMSDs must be U.S. Coast Guard approved (33 CFR 159) • No manufacturer may manufacture for sale, sell, offer for sale, or distribute for sale or resale any vessel equipped with installed toilet facilities unless it is equipped with an operable Type I, II, or III MSD. • No person may operate any vessel equipped with installed toilet facilities unless it is equipped with an operable Type I, II, or III MSD. • MSDs must be legally certified • Types I & II must also be labeled.

20. MSD General Rules (3) • In there is an installed toilet a vessel must have an approved MSD • Vessels 65ft or less • May use either Type I, II, or III • Vessels larger than 65 ft • Must use either Type II or III • Inland waters/lakes • Might have additional local regulations prohibiting having a Thru-Hull valve connected to the boat’s sewage system

21. MSD General Rules (2) • Overboard discharge • Of untreated waste (Type III) is prohibited in all inland waters and within coastal waters out to the 3-mile limit (Territorial Seas) • Of treated waste (Type I & II) is prohibited in “No Discharge Areas” designated by the EPA • “Y” valve & Thru-Hull valve of any sewage outlet to the water must be “secured from accidental discharge” for Inland & Coastal operation

22. Holding Tank Air Vent Dual-Action Pump Wet/Dry Bowl Switch Sea water flow Sewage Pump-out Deck Fitting Anti-Siphon Loop & Valve Water Line Sewage Outlet Thru-Hull Valve Toilet Joker Valve Sea Water Inlet Thru-hull Valve Macerator Pump Holding Tank “Y” Valve Sewage flow Type III MSDTypical Installation

23. Type III MSD & Toilet Maintenance (1) • Nothing in toilet except body waste • Be sparing in use of degradable T-paper • Other objects clog delicate mechanism & plumbing • No additives in holding tank or plumbing • “Rid-X” product is for anaerobic septic tanks • Oils/Grease form a non-permeable top-layer over sewage and causes a sticky residue in pipes • Bleach, ammonia, alcohol, & disinfectants kill bacterial action • Alcohol & petroleum products can cause hose & gasket breakdown

24. Type III MSD & Toilet Maintenance (2) • Sea water inlet pipe should have anti-siphon valve • Requires regular cleaning • Keep holding tank air vent clear • Overfilling holding tank can clog bottom of vent • Insects can invade & clog top of vent • Dual-action pump requires lubrication • Non-water soluble grease on cylinder wall • Joker valve wears out & needs replacement • Sewage back-flow from tank/pipes into bowl

25. Type III MSD & Toilet Maintenance (3) • Monitor sewage level in holding tank • Get regular pump-outs to prevent overflow • Sudden backpressure on the dual-action pump indicates tank is over filled • Finish with fresh water to pump through bowl and pipes if possible • Stagnant seawater has decaying marine life and smells! • Macerator pump vanes wear out

26. Type III MSD & Toilet Maintenance (4) • Thru-hull fittings and valves • Require annual lubrication with non-water soluble grease • Sanitary hoses • Require sufficient flush flow to prevent uric acid crystal formation • Flush occasionally with white vinegar • All rubber and flexible PVC hose are water permeable to some degree • Better quality (more$$) = less permeability • Sea water and sewage absorbed can cause odors

27. Pump-Out Facilities The national “Clean Vessel Act” symbol for the location of a vessel MSD pump-out facility.

28. Holding TankPump-Out Procedure (1) • Close sea water inlet Thru-Hull Valve • Place Dual-Action Pump switch in “Dry-Bowl” position • Ensure the “Y” Valve is set for Pump-Out • Open Sewage Pump-Out Deck Fitting • Requires a special “spanner” (aka wrench) • Make sure it is the “Sewage” fitting! • Clean & grease threads on cap and deck fitting. Place cap where it can’t fall overboard

29. Holding TankPump-Out Procedure (2) • Optional – fill toilet bowl with fresh water • Have the pump-out operator connect the hose to the deck fitting and start pumping • Monitor what is going on! • Pump nozzle generally has a “see-thru” section – when there is no more sewage flowing, STOP! • Wipe the deck fitting clean, re-grease threads if necessary, and screw on cap. • Inspect holding tank and pipes

30. And, The Sign Says … The Local Pumpout Facility MV Phecal Phreak Our Motto: “We take crap from anyone”

31. Part 3 Enforcement of the Laws Regarding NDAs A joint presentation of the Environmental Protection Agency Region-1 and the United States Coast Guard First District

32. Enforcement • Securing your MSD in NDAs • Primary concept: Prevent accidental discharge into protected waters • Primary focal point: Through-hull valve between MSD and the external waters • Must also be secured while within Inland & Territorial Sea waters • Penalties for non-compliance

33. EnforcementSecuring The MSD • Acceptable Methods: • Close seacock & remove handle (Types I, II, & III) • Padlock handle in closed position (Types I, II, & III) • Non-releasable wire-tie handle in closed position (Types I, II, & III) • Lock door(s) to the enclosed space containing the toilet (Types I & II) Photos courtesy of James Healy, USCG Auxiliary

34. EnforcementAltering The MSD • It is illegal to utilize an MSD that was altered to be out of compliance to the USCG certification standards. • Example: A Type I or II MSD that relies on chemicals MUST use those specific chemicals listed in the USCG certification. • It is illegal to sell a vessel whose MSD was rendered non-compliant to the USCG certification standards.

35. Enforcement • Federal, State, and Local authorities can enforce laws • USCG has Federal enforcement authority • State Police / Environmental Police • Local Police / Harbor Patrols • Harbormasters • Generally, you can expect the State/Local Agencies to be the primary enforcers

36. Enforcement(Response) • USCG First District / Response Policy • Not planning a specific operation to go out and target people transiting NDAs • Will be checking for compliance if a vessel is being stopped for a CG-4100 boarding. • Checking installed MSD is part of that inspection. • The CG will enforce the pollution rules and cite someone if not in compliance.

37. Enforcement(Prevention) The best means of enforcement is through individual boaters taking personal responsibility to comply with the spirit and letter of the law. Education is key! Reach out via… Public Education, Vessel Exams, Program Visitor, Member Training, Marine Safety, Operations, Public Affairs, Publications, etc.

38. Enforcement • Some States have supplemental rules – • MSD valve pre-inspection • Grey Water discharges Check with local authorities!

39. State Rules & Enforcement Information MA: www.mass.gov/czm/nda NH: des.nh.gov/organization/divisions/water/wmb/cva/faqs.htm#faq2 RI: www.dem.ri.gov/programs/benviron/water/shellfsh/pump/pdfs/pumpcomp.pdf ME: mainegovimages.informe.org/dep/blwq/topic/vessel/nda/ndafactsheet.pdf CT: www.ct.gov/dep/cwp/view.asp?a=2705&q=323816 NY: www.dec.ny.gov/environmentdec/25541.html