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Amy Jankowiak
Department of Ecology
Northwest Regional Office
Water Quality Program
3190 160th Avenue SE
Bellevue, WA 98008
amy.jankowiak@ecy.wa.gov

21 November 2011

Re: Proposed Discharge Ban Amendment to the Cruise Ship MOU

Dear Ms. Iankowiak,

This letter is responsive to the 21-day comment period started on November 2, 2011 by the
Washington State Department of Ecology (Ecology), Port of Seattle (Port) and North West
& Canada Cruise Association (NWCCA) seeking proposed amendments to the Memorandum
of Understanding (MOU) governing cruise ship discharges in Washington State waters and
the Olympic Coast National Marine Sanctuary.1

Last year Ecology, the Port and NWCCA agreed to establish a process to solicit public
suggestions for possible additions or changes to the 2004 Memorandum of Understanding
(MOU) every three years. Therefore, this comment period is particularly important in that it
will be the last time in three years the public will have any say in this growing potential
introduction of nutrients, toxics, pharmaceuticals and disease into the Sound. We support the
governor's initiative to restore the health of the Puget Sound ecosystem  an initiative which
will cost millions of dollars. We need all partners, including Ecology and the Port of Seattle to
help protect this investment.

The Port of Seattle reported that the 2011 cruise season was more robust than expected.
The port counted 885,949 cruise passengers among 196 ship calls in the late-April-
through-early-October cruise season. According to Ecology, four of the vessels had

1htt :  www.e  .wa. ov  ro rams w  wastewater cruise mou index.html.

traditional Marine Sanitation Devices, eight had Advanced Wastewater Treatment Systems
(AWTS), and two were of unknoWn capability. It is troubling that despite Ecology's ability
to board these vessels, they were unable to even ascertain the type of treatment system on
two of the 12 vessels homeported in Seattle. We are concerned that at the end ofthe eight
cruise seasons (since the inception of the MOU) that complete data including this basic
information has not yet been provided by the cruise ship industry.

The amendment proposed below is not intended to be punitive. Rather, it affords the MOU
parties the opportunity to demonstrate their collective leadership in contributing to the
region's economy while minimizing environmental impacts.

The fact that none of the homeported vessels, capable of carrying more 5,000 passengers
and crew typically producing over 200,000 gallons of sewage [black water) and up to 1
million gallons of gray water per week,2 sought permission to discharge in State waters this
past season, demonstrates their ability to comply with a discharge ban. However, that
could change annually they can simply seek permission from Ecology at the beginning of
each new cruise season. For example, it is not clear what Disney will do next season when
they will begin homeporting ships in Seattle.

We believe that it is imperative that our public agencies and responsible industry leaders
do their part to assure that as this industry continues to enjoy rapid expansion, it takes all
reasonable efforts to minimize their impacts.

The following proposed MOU amendments are to be considered in priority order or in
combination:

Proposed MOU Amendments:

1) Ban the discharge of gray water and black water in MOU waters.
2) Ban the continuous discharge of gray water and sewage (black water), limiting to
only discharge while the ship is greater than 1 mile offshore and traveling at least 6
knots or more.
3) Require observers (those required by Alaskan law) who already board ships in
Seattle for the Alaska ocean ranger program to report to Ecology on the vessels'
sanitation operations while in MOU waters.

Rationale for Proposed Amendments:

Information from a 2008 US. EPA report3 indicates that regulated and unregulated
discharges from cruise ships have the potential to harm the marine environment. For

2 Cruise Ship Pollution: Background, Laws and Regulations, and
Key Issues RL32450, Congressional
Research Service, Claudia Copeland, updated Nov. 17, 2008, at CRS-2.
3 Cruise Ship Discharge Assessment Report, US. Environmental Protection
Agency, Dec. 29, 2008, at
3-5  3-28, htt :  www.e a. ov owow oceans cruise shi 5  df 0812cruiseshi dischar e
assesspdf. (hereinafter Cruise Ship Report).

example, as demonstrated in greater detail below, the various pathogens and pollutants
found in wastewater released into marine waters by cruise ships, even when treated by
varying treatment systems, exceed state and federal standards, harm marine resources,
and impair recreational opportunities.

The EPA report determined that standard on-board sewage treatment systems (known
as
Marine Sanitation Devices or MSDs) fail to adequately treat sewage before discharge,4 and
that more advanced systems (known as Advanced Wastewater Treatment Systems
or
AWTS) need improvements to become sufficiently protective of the marine environment
and public health.5 Testing has demonstrated that treated sewage from cruise ships
may
contain pathogens and pollutants that exceed federal performance and state water quality
standards, thereby contributing to limits on recreational use of marine waters;
contamination shellfish beds, finfish, and marine mammal as well as leading to
eutrophication.6 Furthermore, raw graywater also contains harmful contaminants, with
levels higher than treated sewage in some cases.7 Untreated cruise ship graywater
concentrations have also exceeded federal Type 11 performance standards for fecal coliform
and total suspended solids.8

The introduction of significant volumes of fecal coliform,9 1 nutrients,11 chlorine,12 and
metals13 through ship discharge is incompatible with the core elements of the of the Puget
Sound Partnership's Action Agenda.

4 Cruise Ship
Report, at 2-1, 2-9, 2-26, 2-27, 2-30, 2-31, 2-32, 2.36, 3-2, 3-3, 3-22, 3-25, 326, 3-27,
and 3-29. EPA reported that treated efuent from conventional US. Coast Guard-approved Type II
MSDs contain concentrations of bacteria, chlorine, nutrients, metals, and other pollutants that often
far exceed federal ship efuent performance standards and EPA's 2006 National Recommended
Water Quality Criteria (NRWQC). Efuent discharges from MSDs often also exceed secondary
treatment standards for land-based domestic sewage.
5 Id. EPA found that AWTS, while
more effectively treating sewage, do not adequately remove all
potentially harmful contaminants. Although AWTS produce cleaner wastewater, treated efuent
often did not meet NRWQC for metals, chlorine or nutrients such as ammonia  all of which
can
harm the marine environment. See also federal regulations for the Channel Islands National Marine
Sanctuary (74 Fed. Reg. 3216 (Ian. 16, 2009)) and the Cordell Bank, Gulf of the Farallones, and
Monterey Bay National Marine Sanctuaries (73 Fed. Reg. 70488 (Nov. 20, 2008) & 74 Fed. Reg.
12088 (March 23, 2009)).
6 See also U.S. Oceans Commission,
Chapter 16, 241-242, available at
http:[ zoceancommissiongovzdocuments[full color rpt[16 chapter16.pdf (The Commission
determined that waste stream discharges from ships "if not properly disposed of and treated
can be
a signicant source of pathogens and nutrients with the potential to threaten human health and
damage shellsh beds, coral reefs and other aquatic life," and that "of particular concern are the
cumulative environmental impacts caused when cruise ships repeatedly visit the
same
environmentally sensitive areas").
7 Cruise Ship Report, at Section 3.

8 Id.

9 Cruise Ship
Report, at 2-9. Of the 92 samples taken from 21 cruise ships in Alaska during
voluntary sampling in 2000 and 2001, only 43 percent met fecal coliform standards and only 32
percent met total suspended solids standards for ship efuent. Only one sample of 70 met both.

3

The Puget Sound Partnership's Action Agenda and ecosystem targets, rst developed in
2008, denes what a healthy Puget Sound is, describes the current state of Puget Sound,
prioritizes cleanup and improvement efforts, and highlights opportunities for federal, state,
local, tribal and private resources to invest and coordinate. By statute, the near-term
strategies and actions described in the Action Agenda must be updated every two years.
This proposed amendment specically supports the Action Agenda's item C8.1 "Establish
no discharge zones for commercial and recreational vessels in all or parts of Puget Sound
that have nutrient and/or pathogen problems." Addressing cruise ship discharges is
compatible with this Action Item.

Due to the above-mentioned concerns on November 1st the Olympic Coast National Marine
Sanctuary published a Final Rule updating its Management Plan and regulations for the
rst time since its creation 17 years ago. The only revision to the regulations "is a ban on
cruise ship discharges within the sanctuary, a preventative measure to protect water
quality off the Washington coast with negligible economic impact to the industry."14 The
Olympic Coast Sanctuary joins the four National Marine Sanctuaries in California in
adopting a vessel wastewater discharge ban.

Ecology states in their current public notice, "The MOU agreement supports the broader
Puget Sound Initiative  a comprehensive effort by local, tribal, state and federal
governments, business, agricultural and environmental interests, scientists, and the public
to restore and protect the Sound, including the Strait of Juan de Fuca."

While it was disappointing not to see mention of support for the Puget Sound Partnership
in the Port's Century Agenda, the success of the Partnership to recover the Sound by 2020
in light of increasing population pressures, requires that everyone does their part to be
part of the solution. Growing concern about the impacts of ocean acidication on Pacic
Northwest waters is further exacerbated by the addition of nutrient loading. The exibility
of mobile dischargers to hold their wastes until they are in less impaired waters makes for
a win-win situation.

Thank you for your consideration of sponsoring and supporting these proposed
amendments.


10 Id. at 2-35. For three pollutants
fecal coliform, total residual chlorine and ammonia  end-of-
pipe discharge levels are high enough that they may not meet NRWQC after mixing when the vessel
is at rest.
11 Id. at 2-34. Average efuent concentrations of ammonia from traditional
Type II MSDs and AWTS
exceed all of the water body ammonia standards.
12 Id. at 230. Both traditional Type II MSD and AWTS efuent concentrations exceed
NRWQC for
total residual chlorine at the end of the pipe.
13 Id. at 2-31. Several dissolved metals that
are common components of ship piping  copper, nickel,
and zinc  were found at levels approximately one to four times above NRWQC for aquatic life.
14 hpzz [91mm
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4

If you have any questions, please contact Fred Felleman at (206) 595-3825 and
felleman@comcast.net or Marcie Keever at (415) 544-0790 x 223 and mkeever@f0e.org:
Katelyn Kinn at (206) 2977002 and katelyn@_pugetsoundkeeperorg; and Heather Trim at
htrim@pugetsound.org.

Sincerely,

Fred Felleman, Northwest Consultant
Marcie Keever, Oceans & Vessels Project Director
Friends of the Earth

Katelyn Kinn
Legal Affairs Coordinator
Puget Soundkeeper Alliance

Heather Trim
Director of Policy
People For Puget Sound

Cc:   Port of Seattle Commission
Northwest & Canada Cruise Association

.1 .
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From: "Keever, Marcie"  II
Subject: FW: Support for Cruise MOU Proposed Amendment
Date: January 10. 2012 11:30:49 AM PST
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1 Attachment, 1.3 MB

First one.

("tntto"ttitntttttt
Marcie Keever
Oceans & Vessels Project Director
Friends of the Earth
311 California St. Suite 510
San Francisco, CA 94104
415.544.0790 x223
415.544.0796 (fax)
mkeever@foe.org
www.foe.org
From: Keever, Marcie
Sent: Tuesday, December 20, 2011 2:00 PM
To: 'commission@poriseattle.org'; 'bill.bryant@portseattle.org'; 'Bryant.B@porlseatUe.org'; 'Yoshitani.T@portseattle.org'
Cc: Felleman; 'JonesStebbins.S@portseattle.org'
Subject: Support for Cruise MOU Proposed Amendment
Importance: High

Dear Commissioner Bryant, Mr. Yoshitani & Seattle Port Commissioners,

Please find attached a single PDF document with more than 950 comment letters from members and activists of Friends of the Earth supporting the
proposed Cruise
MOU amendment to designate Puget Sound and MOU waters a wastewater No-Discharge Zone for passenger vessels. Copies of these letters have also been
submitted to the Department of Ecology and the Northwest & Canada Cruise Assn.

Please let me know if you have any questions or have trouble with the attachment.

Sincerely,
Marcie Keever

"tenancy."nunncennanennsnn
Marcie Keever
Oceans & Vessels Project Director
Friends of the Earth
311 Caiifomia St. Suite 510
San Francisco, CA 94104
415.544.0790 x223
415.544.0796 (fax)
mkeever@foe.org
www.foe.o:g