Cruise Ship Discharge Assessment Report, 442-445 [E8-31453]
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442
Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 13258–000]
Bexar-Medina-Atascosa Counties
Water Control and Improvement
District No. 1; Notice of Preliminary
Permit Application Accepted for Filing
and Soliciting Comments, Motions To
Intervene, and Competing Applications
December 30, 2008.
On July 15, 2008 and supplemented
on October 24, 2008, Bexar-MedinaAtascosa Counties Water Control and
Improvement District No. 1 filed an
application, pursuant to section 4(f) of
the Federal Power Act, proposing to
study the feasibility of the BMA
Irrigation System Hydroelectric Project.
The proposed project would be located
on the Medina River and BMA Canal in
Castroville and Medina Counties, Texas.
The proposed BMA Irrigation System
Hydroelectric Project would consist of:
mstockstill on PROD1PC66 with NOTICES
Lake Medina Dam
(1) An existing 1,550-foot-long, 164foot-high concrete dam; (2) an existing
Medina Lake upper reservoir having a
surface area of 5,575 acres and a storage
capacity of 25,400-acre-feet and normal
water surface elevation of 1,064 feet
mean sea level; (3) a proposed 160-footlong steel penstock (100 feet existing
and 60 feet new); (4) a proposed
powerhouse containing one generating
unit having an installed capacity of 1.5megawatts; (5) a proposed tailrace; (6) a
proposed 4-mile-long, 138 kV
transmission line; and (7) appurtenant
facilities. The proposed BMA Irrigation
System would have an average annual
generation of 5.2-gigawatt-hours.
Diversion Lake Dam
(1) A proposed 450-foot-long, 51-foothigh Diversion Lake Dam; (2) a
proposed Diversion Lake lower reservoir
having a surface area of 177 acres and
a storage capacity of 4,500-acre-feet and
normal water surface elevation of 926
feet mean sea level; (3) a proposed 100foot-long steel penstock; (4) a proposed
powerhouse containing one generating
unit having an installed capacity of .5
megawatts; (5) a proposed tailrace; (6) a
proposed 8.4-mile-long, 138 kV
transmission line; and (7) appurtenant
facilities. The proposed BMA Irrigation
System would have an average annual
generation of 2.5-gigawatt-hours.
Applicant Contact: Mr. Ed Berger,
Bexar-Medina-Atascosa Counties Water
Control and Improvement District No. 1,
P.O. Box 170, Natalia, TX 78059; phone
(830) 665–2132.
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16:52 Jan 05, 2009
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FERC Contact: Patricia W. Gillis, 202–
502–8735.
Deadline for filing comments, motions
to intervene, competing applications
(without notices of intent), or notices of
intent to file competing applications: 60
days from the issuance of this notice.
Comments, motions to intervene,
notices of intent, and competing
applications may be filed electronically
via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions
on the Commission’s Web site under the
‘‘e-Filing’’ link. If unable to be filed
electronically, documents may be paperfiled. To paper-file, an original and eight
copies should be mailed to: Kimberly D.
Bose, Secretary, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. For
more information on how to submit
these types of filings please go to the
Commission’s Web site located at
https://www.ferc.gov/filingcomments.asp. More information about
this project can be viewed or printed on
the ‘‘eLibrary’’ link of Commission’s
Web site at https://www.ferc.gov/docsfiling/elibrary.asp. Enter the docket
number (P–13258) in the docket number
field to access the document. For
assistance, call toll-free 1–866–208–
3372.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–31433 Filed 1–5–09; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 13324–000]
Cedar Creek Hydro, LLC; Notice of
Preliminary Permit Application
Accepted for Filing and Soliciting
Comments, Motions To Intervene, and
Competing Applications
December 30, 2008.
On November 5, 2008, Cedar Creek,
LLC filed an application, pursuant to
section 4(f) of the Federal Power Act,
proposing to study the feasibility of the
Cedar Creek Pumped Storage Project to
be located in Briscoe County, Texas.
The proposed project consists of: (1)
Two proposed earthen dams, upper dam
60-foot-high, 12,700-foot-long, lower
dam 140-foot-high, 1,600-foot-long; (2)
two proposed reservoirs, upper reservoir
having a surface area of 283 acres, a
storage capacity of 7,660 acre-feet, and
normal maximum water surface
elevation of 3,340 feet msl, lower
reservoir having a surface area of 151
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acres, a storage capacity of 8,550 acrefeet, and normal maximum water
surface elevation of 2,600 feet msl; (3)
a proposed 3,720-foot-long, 28-footdiameter steel penstock; (4) a proposed
powerhouse with six generating units
having a total capacity of 662megawatts; (5) a proposed 26-mile-long,
240-kV transmission line; and (6)
appurtenant facilities. The project
would have an annual generation of
1,816-gigawatt hours, which would be
sold to a local utility.
Applicant Contact: Mr. Brent L.
Smith, Symbiotics, LLC, P.O. Box 535,
Rigby, ID 83442, Phone: 208–745–0834.
FERC Contact: Patricia W. Gillis, 202–
502–8735.
Deadline for filing comments, motions
to intervene, competing applications
(without notices of intent), or notices of
intent to file competing applications: 60
days from the issuance of this notice.
Comments, motions to intervene,
notices of intent, and competing
applications may be filed electronically
via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions
on the Commission’s Web site under the
‘‘eFiling’’ link. If unable to be filed
electronically, documents may be paperfiled. To paper-file, an original and eight
copies should be mailed to: Kimberly D.
Bose, Secretary, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. For
more information on how to submit
these types of filings please go to the
Commission’s Web site located at
https://www.ferc.gov/filingcomments.asp. More information about
this project can be viewed or printed on
the ‘‘eLibrary’’ link of the Commission’s
Web site at https://www.ferc.gov/docsfiling/elibrary.asp. Enter the docket
number (P–13324) in the docket number
field to access the document. For
assistance, call toll-free 1–866–208–
3372.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–31434 Filed 1–5–09; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2007–1156; FRL–8760–3]
RIN 2040–2A03
Cruise Ship Discharge Assessment
Report
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
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Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices
SUMMARY: EPA announces the
availability of the completed Cruise
Ship Discharge Assessment Report,
which assesses five cruise ship waste
streams (i.e., sewage, graywater, oily
bilge water, solid waste, and hazardous
waste). EPA prepared and invited public
comment on the draft Cruise Ship
Discharge Assessment Report as part of
its response to a petition submitted by
the Bluewater Network on behalf of a
443
(202) 566–1546; e-mail address:
johnson.laura-s@epa.gov.
SUPPLEMENTARY INFORMATION:
number of environmental advocacy
organizations. Today’s action is
intended to complete this portion of
EPA’s response to the petition.
I. General Information
FOR FURTHER INFORMATION CONTACT:
Laura S. Johnson, Oceans and Coastal
Protection Division, Office of Wetlands,
Oceans, and Watersheds (4504T), U.S.
EPA, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (202) 566–1273; fax number:
A. Interested Entities
Entities potentially interested in
today’s notice are those who are
interested in or addressing cruise ship
waste streams. Categories and entities
interested in today’s notice include:
Category
Examples of interested entities
Federal Government ...............................................................................................................
U.S. Coast Guard, National Oceanic and Atmospheric Administration, U.S. Department of Justice.
Governments interested in or addressing cruise ship
waste streams.
Cruise industry, environmental interest groups.
State/Local/Tribal Government ...............................................................................................
Industry and General Public ...................................................................................................
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This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
interested in this notice. This table lists
the types of entities that EPA is now
aware could potentially be interested in
this notice. Other types of entities not
listed in the table could also be
interested.
B. How Can I Get Copies of This
Document and Other Related
Information?
1. Document Electronic Access. To
obtain a copy of the report entitled
Cruise Ship Discharge Assessment
Report, please access our Web site at:
https://www.epa.gov/owow/oceans/
cruise_ships/disch_assess.html.
2. Federal Register Docket. EPA has
established a public docket for this
notice under Docket ID No. EPA–HQ–
OW–2007–1156. The public docket
consists of the documents specifically
referenced in this notice and other
information related to this notice. The
public docket does not include
information claimed as Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Publicly available
docket materials are available either
electronically through
www.regulations.gov or in hard copy at
the Water Docket in the EPA Docket
Center.
3. Federal Register Electronic Access.
You may access this Federal Register
document electronically through the
EPA Internet under the ‘‘Federal
Register ’’ listings at: https://
www.epa.gov/fedrgstr/.
II. Background
Cruise ships operate in every ocean
worldwide, often in pristine coastal
waters and sensitive marine ecosystems.
Cruise ship operators provide amenities
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to their passengers that are similar to
those of luxury resort hotels, including
pools, hair salons, restaurants, and dry
cleaners. As a result, cruise ships have
the potential to generate wastes similar
in volume and character to those
generated by hotels.
In March 2000, an environmental
advocacy group called the Bluewater
Network, representing 53 environmental
organizations, submitted a petition to
the U.S. Environmental Protection
Agency (EPA), requesting that EPA
identify and take regulatory action on
measures to address pollution by cruise
ships. Specifically, the petition
requested an in-depth assessment of the
volumes and characteristics of cruise
ship waste streams; analysis of their
potential impact on water quality, the
marine environment, and human health;
examination of existing federal
regulations governing cruise ship waste
streams; and formulation of
recommendations on how to better
control and regulate these waste
streams. The petition included specific
requests related to sewage, graywater,
oily bilge water, solid wastes, and
hazardous wastes, as well as
monitoring, recordkeeping, and
reporting. In addition, the petition
requested that EPA prepare a report of
its investigations and findings. An
August 2000 addendum to the petition
requested that EPA examine and
develop recommendations on how to
address air pollution from cruise ships.
EPA’s full response to the petition
and the addendum from Bluewater
Network was signed by EPA’s Assistant
Administrator for Water on January 31,
2008, and can be accessed at the public
docket established for the Cruise Ship
Discharge Assessment Report. (See Unit
I.B.) As part of this response, EPA
prepared a draft Cruise Ship Discharge
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Assessment Report (draft Assessment
Report) assessing five primary cruise
ship waste streams, specifically, sewage,
graywater, oily bilge water, solid waste,
and hazardous waste. For each waste
stream, the draft Assessment Report
discusses (1) The nature and volume of
the waste stream generated; (2) existing
federal regulations applicable to the
waste stream; (3) environmental
management, including treatment, of the
waste stream; (4) potential adverse
environmental impacts of the waste
stream; and (5) actions by the Federal
Government to address the waste
stream.
On December 20, 2007, EPA
published in the Federal Register a
notice of availability and request for
public comment on this draft
Assessment Report (72 FR 72353). In
addition to requesting comments on the
draft Assessment Report, EPA solicited
input on options, alternatives, and
recommendations on how to address the
waste streams assessed in the draft
Assessment Report. EPA extended the
initial 45-day comment period on the
draft Assessment Report by 15 days in
response to public requests; the
comment period ended on February 19,
2008. EPA received 26 comment letters
during the comment period and those
letters can be accessed at the docket.
(See Unit I.B. for details.)
III. This Action
EPA announces the availability of the
completed Cruise Ship Discharge
Assessment Report (Assessment Report).
Today’s action is intended to complete
this portion of EPA’s response to the
petition on cruise ship pollution
submitted by the Bluewater Network on
behalf of a number of environmental
advocacy organizations.
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IV. Summary of Comments on the Draft
Assessment Report
EPA received 26 comment letters on
the draft Assessment Report. Some
comments related to information in the
draft Assessment Report; some
comments provided options,
alternatives, and recommendations on
how to address the waste streams
discussed in the draft Assessment
Report. Many of the commenters
expressed concern over the potential
environmental impacts of cruise ship
waste streams. EPA carefully considered
all comments when completing the
Assessment Report. Based on these
comments, EPA made changes to the
draft Assessment Report to clarify
information and in some cases, added
new information.
In particular, some commenters
requested a fuller discussion of efforts
by state governments to regulate and
manage cruise ship waste streams. The
completed Assessment Report includes
an appendix with relevant information
regarding such efforts by state
governments to date. Other new
information includes an additional
section in each chapter identifying a
range of options and alternatives
(regulatory or non-regulatory) that
address the five specified waste streams
from cruise ships. Inclusion of any
particular option does not imply any
EPA recommendation or preference for
future action, or that EPA has
determined that any of these options are
necessary or feasible, or that EPA
believes a change to the status quo is
warranted, or that EPA or any other
entity has the legal authority to
implement that option.
In the completed Assessment Report,
the options and alternatives listed to
address the specified cruise ship waste
streams are based on the public
comments received, as well as other
information gathered. A number of
commenters recommended changes to
discharge standards and/or geographic
restrictions on discharges. Commenters
also recommended increased
monitoring, reporting, inspections, and
enforcement of cruise ship waste stream
discharges and management. Some
commenters recommended a careful
evaluation of cumulative impacts of
multiple vessels discharging in one
location. Other commenters
recommended careful consideration
and/or identification of sensitive or atrisk habitats when evaluating the
potential impacts of discharges. These
recommendations have been
incorporated into the options and
alternatives sections found at the end of
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16:52 Jan 05, 2009
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each waste stream chapter of the
completed Assessment Report.
While some commenters requested
regulatory action to implement their
recommendations for addressing cruise
ship waste streams, EPA does not
commit, through the completed
Assessment Report, to the formulation
of any Agency recommendations on
whether, and if so how, any existing
regulations should be revised. Though
the completed Assessment Report
identifies possible options and
alternatives representing a wide range of
actions that could be taken to address
the five specific waste streams from
cruise ships, EPA did not conduct an
analysis for each such discharge to
determine if changes to the current
regulatory scheme are warranted.
However, EPA is completing its analysis
of Alaska cruise ship sewage and
graywater standards in a separate
assessment of the adequacy of those
legislative standards (which apply
under special legislation only to those
ships and to those discharges).
As a part of a separate effort, recent
legislation (Pub. L. 110–299) directs
EPA to conduct a study to evaluate the
impacts of discharges incidental to the
normal operation of commercial fishing
vessels (regardless of size) and other
non-recreational vessels less than 79
feet in length. Except for ballast water,
the incidental discharges from those
vessels are subject to a moratorium on
National Pollutant Discharge
Elimination System (NPDES) permitting
that expires July 31, 2010.
Some commenters questioned the
draft Assessment Report’s focus on
Alaska and requested that similar
assessments be conducted in other
geographic regions. While much of the
information about the treatment and
discharge of sewage and graywater
presented in the draft and completed
Assessment Reports was collected in
Alaska, the Assessment Report is not
solely focused on conditions or impacts
in Alaska. For example, the sections on
potential environmental impacts in the
sewage and graywater chapters compare
these waste streams to national
standards and criteria. The information
provided in the completed Assessment
Report should be helpful to stakeholders
interested in evaluating potential
impacts on a regional or waterbody
basis.
A number of commenters suggested
that dilution should not be considered
in evaluating potential impacts of
sewage and graywater discharges from
cruise ships. Other commenters
suggested that dilution is a very
important part of such assessments,
particularly when discharges are from
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ships underway, and therefore should
be discussed earlier and more frequently
in the sewage and graywater chapters.
The Assessment Report discussed
dilution because it is relevant to
assessments of potential toxicity, and in
some locations dilution is relevant to a
determination of whether receiving
waters are attaining concentration-based
water quality standards. The
Assessment Report’s discussion of
dilution does not express any
conclusion and should not be read to
imply that dilution addresses all
potential environmental impacts from
these discharges.
Related to this, one commenter
suggested that the evaluation of Type II
Marine Sanitation Devices for vessel
sewage should always include a
discussion of dilution while ships are
underway. While a number of cruise
lines have voluntarily agreed to
discharge from a Type II Marine
Sanitation Device only when the vessel
is underway and offshore, as a practical
matter, such restrictions are not
required, either as a matter of
circumstance or by law.
Some commenters requested more
information on potential treatment
technologies for sewage and graywater
treatment, such as cost, space, and
safety information. More information on
these technology options will be made
available at EPA’s Web site (https://
www.epa.gov/owow/oceans/
cruise_ships/) upon completion of
EPA’s analysis of cruise ship sewage
and graywater discharges in Alaska
waters.
One commenter noted that other
waste streams and contaminants, such
as hull coating leachate, deck runoff,
ballast water, viruses, and
pharmaceuticals, were not addressed in
the draft Assessment Report. The
Bluewater Network petition made
specific requests related to certain
identified cruise ship waste streams for
which EPA was to conduct an
assessment and produce a report of the
investigations and findings. Those same
five specified cruise ship waste streams
from the petition (sewage, graywater,
oily bilge water, solid waste, and
hazardous waste) are assessed in the
completed Assessment Report. There
are a number of other waste streams that
may be generated onboard cruise ships,
some of which may be considered
incidental to the normal operation of a
vessel (e.g., ballast water, deck runoff,
hull coat leachate). In responding to the
petition, EPA did not attempt to assess
such other waste streams, and therefore,
the completed Assessment Report does
not present an assessment of these other
waste streams. There are EPA efforts
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Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Notices
underway, however, that reach beyond
the scope of this Assessment Report. For
information regarding EPA efforts
relating to the occurrence of
pharmaceuticals and personal care
products, visit EPA’s Web site at
https://www.epa.gov.ppcp.
In a separate effort, EPA developed a
Clean Water Act (CWA) general permit
that addresses a range of discharges
incidental to the normal operation of
commercial vessels, including some of
the additional wastes identified by the
preceding comment. By virtue of a court
decision, which vacated the EPA
regulation that had excluded these
discharges from NPDES permitting,
these discharges will become subject to
CWA permitting requirements as of
February 6, 2009. Except for ballast
water, subsequent legislation (Pub. L.
110–299) exempts commercial vessels
shorter than 79 feet and commercial
fishing vessels (regardless of their size)
from NPDES permitting requirements
for these discharges for a period of two
years (during which time EPA has been
directed to conduct further study and
analysis).
One commenter urged EPA and other
federal agencies to work at the
international level on issues directly
associated with discharges from cruise
ships and other ocean-going vessels.
Numerous federal agencies are presently
working cooperatively through forums,
such as the International Maritime
Organization, to enhance international
environmental protection standards. At
present, the U.S. government is
simultaneously supporting efforts to
enhance international standards related
to discharges of machinery space
wastes, sewage, and garbage. In
addition, among other efforts, the U.S.
government is also working diligently to
enhance and implement international
standards relating to air emissions from
ships, including measures to reduce
greenhouse gas emissions. This work is
ongoing and extensive.
SUMMARY: Pursuant to the Federal
Advisory Committee Act, Public Law
92–463, notice is hereby given that the
Good Neighbor Environmental Board
(GNEB) will hold a public
teleconference on January 16, 2009 from
1 p.m. to 3 p.m. Eastern Standard Time.
The meeting is open to the public. For
further information regarding the
teleconference and background
materials, please contact Mark Joyce at
the number listed below.
Background: GNEB is a Federal
advisory committee chartered under the
Federal Advisory Committee Act, Public
Law 92–463. UNEB provides advice and
recommendations to the President and
Congress on environmental and
infrastructure issues along the U.S.
border with Mexico.
Purpose of Meeting: The purpose of
this teleconference is to discuss and
approve the Good Neighbor
Environmental Board’s Twelfth Report:
Innovative Approaches to Addressing
Environmental Problems along the US/
Mexico Border.
Supplementary Information: If you
wish to make oral comments or submit
written comments to the Board, please
contact Mark Joyce at least five days
prior to the meeting.
General Information: Additional
information concerning the GNEB can
be found on its Web site at https://
www.epa.gov/ocem/gneb.
Meeting Access: For information on
access or services for individual with
disabilities, please contact Mark Joyce at
(202) 564–2130 or e-mail him at
joyce.mark@epa.gov. To request
accommodation of a disability, please
contact Mark Joyce at least 10 days prior
to the meeting to give EPA as much time
as possible to process your request.
Dated: December 30, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. E8–31453 Filed 1–5–09; 8:45 am]
BILLING CODE 6560–50–M
[FRL–8759–2]
ENVIRONMENTAL PROTECTION
AGENCY
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[FRL–8759–1]
Good Neighbor Environmental Board;
Notification of Public Advisory
Committee Teleconference
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Dated: December 19, 2008.
Mark Joyce,
Designated Federal Officer.
[FR Doc. E8–31152 Filed 1–5–09; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notification of Public Advisory
Committee Teleconference.
Good Neighbor Environmental Board;
Request for Nominations to the Good
Neighbor Environmental Board
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of request for
nominations.
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445
SUMMARY: The U.S. Environmental
Protection Agency (EPA) is inviting
nominations from a diverse range of
qualified candidates to be considered
for appointment to fill vacancies on the
Good Neighbor Environmental Board.
Vacancies are expected to be filled by
late spring 2009.
Additional sources may be utilized in
the solicitation of nominees.
SUPPLEMENTARY INFORMATION: The Good
Neighbor Environmental Board was
created by the Enterprise for the
Americas Initiative Act of 1992. Under
Executive Order 12916, implementation
authority is delegated to the
Administrator of the EPA. The Board is
responsible for providing advice to the
President and Congress on
environmental and infrastructure issues
and needs within the states contiguous
to Mexico. The statute calls for the
Board to have representatives from U.S.
government agencies; the states of
Arizona, California, New Mexico and
Texas; local government; tribes; and a
variety of non-governmental officials
including the private sector; academic
officials; environmental group
representatives; health groups; ranching
and grazing interests; and other relevant
sectors. U.S. government agency
representatives are nominated by the
heads of their agencies. Non-federal
members are appointed by the
Administrator of the EPA. The Board
meets three times annually, twice at
various locations along the U.S.-Mexico
border and once in Washington, DC.
The average workload for members is
approximately 10 to 15 hours per
month. Members serve on the Board in
a voluntary capacity.
However, EPA provides
reimbursement for travel expenses
associated with official government
business. Nominees will be considered
according to the mandates of the Federal
Advisory Committee Act, which
requires committees to maintain
diversity across a broad range of
constituencies, sectors, and groups. The
following criteria will be used to
evaluate nominees:
• Resident of a U.S.-Mexico border
state, ideally within the border region
itself.
• Extensive professional knowledge
of the unique environmental and
infrastructure issues that are found in
the region, including the bi-national
dimension of these issues.
• Representative of a sector or group
that helps to shape border-region
environmental policy.
• Senior-level experience that fills a
current need on the Board for a
representative with that particular type
of knowledge.
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Agencies
[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Notices]
[Pages 442-445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31453]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2007-1156; FRL-8760-3]
RIN 2040-2A03
Cruise Ship Discharge Assessment Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
-----------------------------------------------------------------------
[[Page 443]]
SUMMARY: EPA announces the availability of the completed Cruise Ship
Discharge Assessment Report, which assesses five cruise ship waste
streams (i.e., sewage, graywater, oily bilge water, solid waste, and
hazardous waste). EPA prepared and invited public comment on the draft
Cruise Ship Discharge Assessment Report as part of its response to a
petition submitted by the Bluewater Network on behalf of a number of
environmental advocacy organizations. Today's action is intended to
complete this portion of EPA's response to the petition.
FOR FURTHER INFORMATION CONTACT: Laura S. Johnson, Oceans and Coastal
Protection Division, Office of Wetlands, Oceans, and Watersheds
(4504T), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 566-1273; fax number: (202) 566-1546; e-mail
address: johnson.laura-s@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Interested Entities
Entities potentially interested in today's notice are those who are
interested in or addressing cruise ship waste streams. Categories and
entities interested in today's notice include:
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Category Examples of interested entities
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Federal Government.................... U.S. Coast Guard, National Oceanic and Atmospheric Administration, U.S.
Department of Justice.
State/Local/Tribal Government......... Governments interested in or addressing cruise ship waste streams.
Industry and General Public........... Cruise industry, environmental interest groups.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in this
notice. This table lists the types of entities that EPA is now aware
could potentially be interested in this notice. Other types of entities
not listed in the table could also be interested.
B. How Can I Get Copies of This Document and Other Related Information?
1. Document Electronic Access. To obtain a copy of the report
entitled Cruise Ship Discharge Assessment Report, please access our Web
site at: https://www.epa.gov/owow/oceans/cruise_ships/disch_
assess.html.
2. Federal Register Docket. EPA has established a public docket for
this notice under Docket ID No. EPA-HQ-OW-2007-1156. The public docket
consists of the documents specifically referenced in this notice and
other information related to this notice. The public docket does not
include information claimed as Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Water Docket in the
EPA Docket Center.
3. Federal Register Electronic Access. You may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register '' listings at: https://www.epa.gov/fedrgstr/.
II. Background
Cruise ships operate in every ocean worldwide, often in pristine
coastal waters and sensitive marine ecosystems. Cruise ship operators
provide amenities to their passengers that are similar to those of
luxury resort hotels, including pools, hair salons, restaurants, and
dry cleaners. As a result, cruise ships have the potential to generate
wastes similar in volume and character to those generated by hotels.
In March 2000, an environmental advocacy group called the Bluewater
Network, representing 53 environmental organizations, submitted a
petition to the U.S. Environmental Protection Agency (EPA), requesting
that EPA identify and take regulatory action on measures to address
pollution by cruise ships. Specifically, the petition requested an in-
depth assessment of the volumes and characteristics of cruise ship
waste streams; analysis of their potential impact on water quality, the
marine environment, and human health; examination of existing federal
regulations governing cruise ship waste streams; and formulation of
recommendations on how to better control and regulate these waste
streams. The petition included specific requests related to sewage,
graywater, oily bilge water, solid wastes, and hazardous wastes, as
well as monitoring, recordkeeping, and reporting. In addition, the
petition requested that EPA prepare a report of its investigations and
findings. An August 2000 addendum to the petition requested that EPA
examine and develop recommendations on how to address air pollution
from cruise ships.
EPA's full response to the petition and the addendum from Bluewater
Network was signed by EPA's Assistant Administrator for Water on
January 31, 2008, and can be accessed at the public docket established
for the Cruise Ship Discharge Assessment Report. (See Unit I.B.) As
part of this response, EPA prepared a draft Cruise Ship Discharge
Assessment Report (draft Assessment Report) assessing five primary
cruise ship waste streams, specifically, sewage, graywater, oily bilge
water, solid waste, and hazardous waste. For each waste stream, the
draft Assessment Report discusses (1) The nature and volume of the
waste stream generated; (2) existing federal regulations applicable to
the waste stream; (3) environmental management, including treatment, of
the waste stream; (4) potential adverse environmental impacts of the
waste stream; and (5) actions by the Federal Government to address the
waste stream.
On December 20, 2007, EPA published in the Federal Register a
notice of availability and request for public comment on this draft
Assessment Report (72 FR 72353). In addition to requesting comments on
the draft Assessment Report, EPA solicited input on options,
alternatives, and recommendations on how to address the waste streams
assessed in the draft Assessment Report. EPA extended the initial 45-
day comment period on the draft Assessment Report by 15 days in
response to public requests; the comment period ended on February 19,
2008. EPA received 26 comment letters during the comment period and
those letters can be accessed at the docket. (See Unit I.B. for
details.)
III. This Action
EPA announces the availability of the completed Cruise Ship
Discharge Assessment Report (Assessment Report). Today's action is
intended to complete this portion of EPA's response to the petition on
cruise ship pollution submitted by the Bluewater Network on behalf of a
number of environmental advocacy organizations.
[[Page 444]]
IV. Summary of Comments on the Draft Assessment Report
EPA received 26 comment letters on the draft Assessment Report.
Some comments related to information in the draft Assessment Report;
some comments provided options, alternatives, and recommendations on
how to address the waste streams discussed in the draft Assessment
Report. Many of the commenters expressed concern over the potential
environmental impacts of cruise ship waste streams. EPA carefully
considered all comments when completing the Assessment Report. Based on
these comments, EPA made changes to the draft Assessment Report to
clarify information and in some cases, added new information.
In particular, some commenters requested a fuller discussion of
efforts by state governments to regulate and manage cruise ship waste
streams. The completed Assessment Report includes an appendix with
relevant information regarding such efforts by state governments to
date. Other new information includes an additional section in each
chapter identifying a range of options and alternatives (regulatory or
non-regulatory) that address the five specified waste streams from
cruise ships. Inclusion of any particular option does not imply any EPA
recommendation or preference for future action, or that EPA has
determined that any of these options are necessary or feasible, or that
EPA believes a change to the status quo is warranted, or that EPA or
any other entity has the legal authority to implement that option.
In the completed Assessment Report, the options and alternatives
listed to address the specified cruise ship waste streams are based on
the public comments received, as well as other information gathered. A
number of commenters recommended changes to discharge standards and/or
geographic restrictions on discharges. Commenters also recommended
increased monitoring, reporting, inspections, and enforcement of cruise
ship waste stream discharges and management. Some commenters
recommended a careful evaluation of cumulative impacts of multiple
vessels discharging in one location. Other commenters recommended
careful consideration and/or identification of sensitive or at-risk
habitats when evaluating the potential impacts of discharges. These
recommendations have been incorporated into the options and
alternatives sections found at the end of each waste stream chapter of
the completed Assessment Report.
While some commenters requested regulatory action to implement
their recommendations for addressing cruise ship waste streams, EPA
does not commit, through the completed Assessment Report, to the
formulation of any Agency recommendations on whether, and if so how,
any existing regulations should be revised. Though the completed
Assessment Report identifies possible options and alternatives
representing a wide range of actions that could be taken to address the
five specific waste streams from cruise ships, EPA did not conduct an
analysis for each such discharge to determine if changes to the current
regulatory scheme are warranted. However, EPA is completing its
analysis of Alaska cruise ship sewage and graywater standards in a
separate assessment of the adequacy of those legislative standards
(which apply under special legislation only to those ships and to those
discharges).
As a part of a separate effort, recent legislation (Pub. L. 110-
299) directs EPA to conduct a study to evaluate the impacts of
discharges incidental to the normal operation of commercial fishing
vessels (regardless of size) and other non-recreational vessels less
than 79 feet in length. Except for ballast water, the incidental
discharges from those vessels are subject to a moratorium on National
Pollutant Discharge Elimination System (NPDES) permitting that expires
July 31, 2010.
Some commenters questioned the draft Assessment Report's focus on
Alaska and requested that similar assessments be conducted in other
geographic regions. While much of the information about the treatment
and discharge of sewage and graywater presented in the draft and
completed Assessment Reports was collected in Alaska, the Assessment
Report is not solely focused on conditions or impacts in Alaska. For
example, the sections on potential environmental impacts in the sewage
and graywater chapters compare these waste streams to national
standards and criteria. The information provided in the completed
Assessment Report should be helpful to stakeholders interested in
evaluating potential impacts on a regional or waterbody basis.
A number of commenters suggested that dilution should not be
considered in evaluating potential impacts of sewage and graywater
discharges from cruise ships. Other commenters suggested that dilution
is a very important part of such assessments, particularly when
discharges are from ships underway, and therefore should be discussed
earlier and more frequently in the sewage and graywater chapters. The
Assessment Report discussed dilution because it is relevant to
assessments of potential toxicity, and in some locations dilution is
relevant to a determination of whether receiving waters are attaining
concentration-based water quality standards. The Assessment Report's
discussion of dilution does not express any conclusion and should not
be read to imply that dilution addresses all potential environmental
impacts from these discharges.
Related to this, one commenter suggested that the evaluation of
Type II Marine Sanitation Devices for vessel sewage should always
include a discussion of dilution while ships are underway. While a
number of cruise lines have voluntarily agreed to discharge from a Type
II Marine Sanitation Device only when the vessel is underway and
offshore, as a practical matter, such restrictions are not required,
either as a matter of circumstance or by law.
Some commenters requested more information on potential treatment
technologies for sewage and graywater treatment, such as cost, space,
and safety information. More information on these technology options
will be made available at EPA's Web site (https://www.epa.gov/owow/
oceans/cruise_ships/) upon completion of EPA's analysis of cruise ship
sewage and graywater discharges in Alaska waters.
One commenter noted that other waste streams and contaminants, such
as hull coating leachate, deck runoff, ballast water, viruses, and
pharmaceuticals, were not addressed in the draft Assessment Report. The
Bluewater Network petition made specific requests related to certain
identified cruise ship waste streams for which EPA was to conduct an
assessment and produce a report of the investigations and findings.
Those same five specified cruise ship waste streams from the petition
(sewage, graywater, oily bilge water, solid waste, and hazardous waste)
are assessed in the completed Assessment Report. There are a number of
other waste streams that may be generated onboard cruise ships, some of
which may be considered incidental to the normal operation of a vessel
(e.g., ballast water, deck runoff, hull coat leachate). In responding
to the petition, EPA did not attempt to assess such other waste
streams, and therefore, the completed Assessment Report does not
present an assessment of these other waste streams. There are EPA
efforts
[[Page 445]]
underway, however, that reach beyond the scope of this Assessment
Report. For information regarding EPA efforts relating to the
occurrence of pharmaceuticals and personal care products, visit EPA's
Web site at https://www.epa.gov.ppcp.
In a separate effort, EPA developed a Clean Water Act (CWA) general
permit that addresses a range of discharges incidental to the normal
operation of commercial vessels, including some of the additional
wastes identified by the preceding comment. By virtue of a court
decision, which vacated the EPA regulation that had excluded these
discharges from NPDES permitting, these discharges will become subject
to CWA permitting requirements as of February 6, 2009. Except for
ballast water, subsequent legislation (Pub. L. 110-299) exempts
commercial vessels shorter than 79 feet and commercial fishing vessels
(regardless of their size) from NPDES permitting requirements for these
discharges for a period of two years (during which time EPA has been
directed to conduct further study and analysis).
One commenter urged EPA and other federal agencies to work at the
international level on issues directly associated with discharges from
cruise ships and other ocean-going vessels. Numerous federal agencies
are presently working cooperatively through forums, such as the
International Maritime Organization, to enhance international
environmental protection standards. At present, the U.S. government is
simultaneously supporting efforts to enhance international standards
related to discharges of machinery space wastes, sewage, and garbage.
In addition, among other efforts, the U.S. government is also working
diligently to enhance and implement international standards relating to
air emissions from ships, including measures to reduce greenhouse gas
emissions. This work is ongoing and extensive.
Dated: December 30, 2008.
Benjamin H. Grumbles,
Assistant Administrator for Water.
[FR Doc. E8-31453 Filed 1-5-09; 8:45 am]
BILLING CODE 6560-50-P