SD11 - Marine Sanitation Devices
Executive Summary: I. INTRODUCTION The Subcommittee to Study the Effectiveness of Flow-Through Marine Sanitation Devices was first established in 1977. Since that time, it has continued in existence, monitoring state and federal developments with respect to MSD's. Membership this year remained the same as last year except for the addition of George H. Heilig, Jr., who replaced Thomas W. Moss, Jr. II. DELIBERATIONS Since its establishment, much of the work of the Subcommittee has been concerned with the Commonwealth's petition to declare portions of the Rappahannock River a no-discharge area. The Department of Health has received no written reply from the Environmental Protection Agency (EPA) on this petition. The Subcommittee received testimony from the Coast Guard this year on the current federal MSD program. A written copy of that testimony is attached to this report as Appendix A. A Coast Guard representative explained that while the agency is charged with enforcing MSD regulations, states may apply to the EPA to have a body of water designated as a "no-discharge area" (the Rappahannock petition is an example) and state enforcement officers may board vessels and forward reports of MSD violations to the local Coast Guard District Commander, who may take civil penalty action. In regard to recent developments, the Coast Guard and the EPA have submitted a regulatory review of the cost and benefits of MSD's. This study was forwarded to the Department of Transportation in May of 1983. A recommendation to Congress is anticipated as a result of this study, and it appears the EPA is delaying any reply to Virginia's no-discharge petition until Congress takes some action on this recommendation. The Coast Guard plans to issue a press release and publish the study report in the Federal Register if it is approved. Testimony given to the Subcommittee pointed out that H.R. 1421 had been introduced in Congress. This bill would eliminate the federal requirement that a vessel 65 feet or less with an installed toilet have an MSD on board. It would also allow states to prohibit sewage discharge from vessels which are 65 feet or less that have installed toilets and are not equipped with a Coast Guard certified MSD. The status of H.R.1421 is uncertain at this time. Another function of this Subcommittee has been to coordinate policy and monitor cooperation between the Department of Health, the Virginia Boating Advisory Commission, and the State Water Control Board. Representatives of these organizations met in November, 1983, to seek a compromise on state regulation of MSD's, but negotiations were suspended pending modification of the Clean Water Act by Congress. III. SUBCOMMITTEE RECOMMENDATION A great deal of uncertainty exists with respect to the federal MSD regulatory program. Until the current review of it is complete, it is difficult to administer or make changes to the state MSD program, since the state and federal programs are so intertwined. The Subcommittee was asked by interested parties at its meeting to continue its study. In response to this request, and because of the uncertainty over the federal MSD program responsibilities, the Subcommittee seeks the continuation of its study. A draft of a resolution to continue the work of this subcommittee comprises Appendix B of this report. |
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