----- Message from "Philip Isorena" <pisorena@waterboards.ca.gov> on
Tue, 27 Jan 2009 13:26:28 -0800 -----

To:	<Smith.DavidW@epamail.epa.gov>

cc:	<strauss.alexis@epa.gov>,<Laabs.Chris@epamail.epa.gov>,

     "Darrin Polhemus" <DPolhemus@waterboards.ca.gov>,

     "Renan Jauregui" <RJauregui@waterboards.ca.gov>,

     "Sheila Vassey" <SVassey@waterboards.ca.gov>

Subject:	Re: CA NDZ Next Steps

Hi Dave,

Thanks for your call today and the send below. I apologize for just now
responding to your email. Our responses to the action items from our
12/15/08 conference call are provided below. I gleaned these action
items from Chris' 12/24/08 email.

1. State will provide updated estimates on port visits and what is
getting released into the State waters. Also, anything that estimates
how much pollution is coming from recreational vessels.

Cruise Ships and Oceangoing Vessels

In 2008, 1801 vessels visited California (48 were cruise ships and 1,753
were oceangoing vessels) for a total of 10,408 arrivals (788 cruise
ships and 9620 oceangoing vessels). Here is a summary of the arrivals
per port:

Avalon/Catalina - 44; Carquinez - 874; El Segundo - 272; Hueneme - 325;
Humboldt - 46; LA-LB - 5090; Oakland - 1,892; Redwood - 52; Richmond -
842; Sacramento - 42; San Diego - 614; San Francisco - 176; and Stockton
- 139.

Based on the State Lands Commission's (SLC) 2006 vessel survey, we
determined that of the 1,434 oceangoing vessels  that visited
California and responded to the survey, about 60%  did not have any
MSDs or holding tank capacity for sewage and, therefore, would have
discharged raw sewage into state waters. Using USEPA's estimate of 7
gallons of sewage per day per person and SLC's survey data on vessel
crew size and days in port, we calculated that 2,670,458 gallons of
sewage were produced in 2006. Sixty percent of this total discharge
(1,597,256 gallons) was discharged without any treatment because the
vessels did not have any MSDs or holding tank capacity; and 40%
(1,073,202 gallons) was discharged through an MSD. 

For 2008, the amount of sewage discharged can be estimated by the
percent increase in the number of vessels from 2006 to 2008. Thus, the
total amount of sewage discharged per year is about 3,257,959 gallons,
60% of which or 1,957,775 gallons were discharged as raw sewage.

Note that in our October 13, 2006 supplement to the NDZ application
(attached), we estimated that the total amount of sewage discharged from
oceangoing vessels per year was about 4.3 million gallons. This estimate
was based on the approximate number of crew size per vessel. The 2008
estimate uses actual crew size number from SLC's 2006 survey.

Recreational Vessels

As indicated in our supplement to the NDZ application, approximately 80%
of the recreational vessels in California does not have a Type I or Type
II MSD and would be banned from discharging sewage.  The estimated
number of recreational vessels as of January 2006 was 841,000. Thus,
672,800 of these recreational vessels would not be allowed to discharge
sewage into state waters. The remaining 168,200 vessels could discharge
treated sewage from their MSDs. Based on 2 persons per vessel, 1 full
day (6 hrs per weekend and 4 weekends per year) of recreational
activity, and 7 gallons/day of sewage per person, the total amount of
sewage potentially discharged from recreational vessels in one year
could amount to 2,354,800 gallons.

2. State will send draft maps showing the State water quality protected
areas, USFWS MPAs, and sources of sewage.

The maps are attached. We are revising the maps to include outfalls of
wastewater treatment plants that discharge to enclosed bays, estuaries,
and ocean. I will send you revised maps when they become available.

3. State will check with legal to see if it has flexibility with respect
to broadening the definition to include those vessels without commercial
ships without adequate holding capacity.

I checked with Sheila Vassey of the Office of Chief Counsel. She does
not believe that the state has the flexibility to broaden its
application to include oceangoing ships without adequate holding tank
capacity because to do so would be contrary to the Legislature's intent.
 The legislation requires the State Water Board to submit an
application to prohibit sewage releases from two specified classes of
vessels.  It also provides that "[i]t is not the Legislature's intent
to establish for the marine waters of the state a no discharge zone for
sewage from all vessels, but only for a class of vessels."  (Public
Res. Code sec. 72440(a)(2).)

Let me know if you have questions.

Phil

Philip S. Isorena

Senior Water Resource Control Engineer

NPDES Unit

Phone: (916) 341-5544

Fax: (916) 341-5463

E-mail address: pisorena@waterboards.ca.gov

>>> <Smith.DavidW@epamail.epa.gov> 1/12/2009 2:22 PM >>>

Hi Chris-  Happy New Year!  I know CA promised to look around for a
bit

more info by, I think, the end of January, to respond to some of the

questions that came up during the December call.  Can you let me know

when/if you receive stuff from CA?  Phil, I'm cc'ing you on this
message

to keep the communication going. We'd like to keep things moving here

toward an option selection.  Pls dont hesitate to write or call if

there's any questions or the action items were unclear.  Many thanks!

David Smith

Chief

Wetlands Regulatory Office (WTR-8)

EPA Region 9

75 Hawthorne Street

San Francisco, CA 94105

(415)-972-3464

