New York State Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination, 55668-55673 [2011-22997]

Download as PDF 55668 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices part 9 and included on the related collection instrument or form, if applicable. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average about 1.27 hours per response. Burden is defined in 5 CFR 1320.3(b). Respondents/Affected Entities: Entities potentially affected by this action are persons who currently possess PCB items, PCB-contaminated equipment, or other PCB waste. Frequency of Collection: On occasion. Estimated average number of responses for each respondent: Varies. Estimated No. of Respondents: 538,335. Estimated Total Annual Burden on Respondents: 685,335 hours. Estimated Total Annual Labor Costs: $21,842,536. Changes in Burden Estimates: This request reflects a decrease of 10,720 hours (from 696,055 hours to 685,335 hours) in the total estimated respondent burden from that currently in the OMB inventory. This decrease reflects improved estimates of the number of respondents EPA expects to be affected by this information collection, based on EPA’s actual experience in administering this program. The Supporting Statement provides details about the change in burden estimate. The change is an adjustment. Dated: September 1, 2011. John Moses, Director, Collection Strategies Division. [FR Doc. 2011–22991 Filed 9–7–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9461–1] New York State Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination Response to Comments Environmental Protection Agency (EPA). ACTION: Notice of determination. AGENCY: Notice is hereby given that, pursuant to Clean Water Act, Section 312(f)(3) (33 U.S.C. 1322(f)(3)), the State of New York has determined that the protection and enhancement of the quality of the New York State areas of the Long Island Sound (LIS or Sound) requires greater environmental protection, and has petitioned the United States Environmental Protection Agency (EPA), Region 2, for a determination that adequate facilities sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:26 Sep 07, 2011 Jkt 223001 for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. New York State has proposed to establish a ‘‘Vessel Waste No Discharge Zone’’ for the Long Island Sound that encompasses approximately 760 square miles, and includes the open waters, harbors, bays and navigable tributaries of the Sound and a portion of the East River, from the Hell Gate Bridge in the west to the northern bounds of Block Island Sound in the east. Today’s action does not pertain to the waters of Mamaroneck Harbor, HuntingtonNorthport Bay Complex, Port Jefferson Complex, Hempstead Harbor and Oyster Bay/Cold Spring Harbor Complex, which have been previously designated as No Discharge Zones. The New York State Department of Environmental Conservation (NYSDEC) certified the need for greater protection of the water quality. EPA hereby makes a final affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York State areas of the Long Island Sound. EPA published a tentative affirmative determination on April 11, 2011 in the Federal Register. Public comments were solicited for 30 days and the comment period ended on May 11, 2011. EPA received a total of twenty (20) comments via letter and e-mail. The comment tally was ten (10) in favor and ten (10) questioning or opposing the No Discharge Zone designation. All the relevant comments received have been considered in the final affirmative determination. This Federal Register document will address all comments submitted in response to the April 11, 2011 (76 FR 19989)), Federal Register document. 1. Comment: Several commenter’s including boaters, county legislators, non-governmental organizations, and community advocates expressed strong support of EPA’s action to establish a vessel waste no discharge zone for the New York State portions of the LIS. One commenter further pointed out this action will reduce pathogens and chemicals, aid lobster population and further protect and restore the LIS. EPA Response: EPA is in full agreement that designating the NYS portions of the LIS is an important step to further protect this valuable natural PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 resource, water quality and habitats throughout the entire LIS waterbody. 2. Comment: One commenter stated that this application should be denied until New York State can adequately cover the area with at least one pumpout facility for every 150 vessels. Another commenter argued that the sixty eight (68) cited pumpout facilities, while on paper produces the claimed ratio of 1:179.3 boats, ignores the disparate location of these facilities compared to the many harbors, marinas and yacht clubs that cover the hundreds of miles of shoreline that are involved. EPA Response: The criterion established pursuant to the Clean Vessel Act (CVA) for an adequate number of pumpouts is one pumpout per 300 to 600 vessels. Overall, the NYS area of the LIS exceeds this criterion, with a ratio of one pumpout station for every 179.3 vessels. Therefore, EPA’s determination of adequacy is justified. EPA recognizes the importance of adequate pumpouts to service the boating activity within a given waterbody, and notes that all of the pumpouts are located in the vicinity of a port, where the vast majority of vessels’ trips begin and end, so they are conveniently located and accessible. In addition, pumpout vessels (‘‘honey dippers’’) can be hired to provide waterbased mobile pumpout services to vessels anywhere in the Sound. Pumpout vessels can be found by searching business listings for pumpout boats, mobile pumpout, or septic boats. 3. Comment: Several commenters stated that discharges from vessels with the required Marine Sanitation Devices (MSDs) are a relatively small source of pollution compared to the pollution caused by agricultural run-off, lawn fertilizer runoff and discharges of untreated sewage from Combined Sewer Overflows (CSOs), and therefore, banning vessel sewage discharges is unnecessary and unfair. Another commenter stated that vessel owners had spent thousands of dollars to install MSDs, and therefore banning discharges from those devices would be unfair. EPA Response: These comments go beyond the scope of EPA’s authority in this action. Because EPA’s authority here is limited to determining whether adequate pumpout facilities exist, it cannot base its determination on whether vessel sewage is comparable in quantity or impact to other sources of pollution, or whether banning such discharges is otherwise unfair to boaters. However, it is noted that the sewage discharged from MSDs is treated with chlorine, quaternary ammonia and formaldehyde, which can all pose threats to the marine environment, especially, if present in substantial, E:\FR\FM\08SEN1.SGM 08SEN1 sroberts on DSK5SPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices concentrated amounts. EPA agrees with the NYSDEC, which certifies that the protection and enhancement of the waters of LIS require greater environmental protection than the applicable Federal standard. The designation of the LIS No Discharge Zone is an important step in further protecting the water quality, habitats and resources of the Sound. 4. Comment: One commenter stated that, while it is a good idea to make it illegal to discharge waste in Long Island Sound, there are not enough pumpout stations in the Port Jefferson area, noting that one of the town’s pumpouts has been out of service for years, and that one of the pumpout boats is only in service on Friday through Sunday during the summer. EPA Response: There are ten (10) pumpout facilities serving the Port Jefferson area, which are adequate to serve between 3,000 and 6,000 recreational vessels, as well as seven (7) pumpout facilities serving the neighboring Smithtown Bay area. 5. Comment: One commenter stated that New York State’s petition should have been posted at https://www. reglations.gov so the public could review it, and determine whether it addresses the needs of commercial vessels. EPA Response: In its April 11, 2011 Federal Register notice, EPA provided all of the factual information that it relied on in making its tentative affirmative determination and established a 30-day comment period. In addition, EPA’s contact information was published in the notice in case further information was needed. Therefore, all of the relevant information was publicly available, and the public had a full opportunity to comment and/or request additional information. 6. Comment: Some commenters stated that the pumpout facilities that serve recreational vessels may not be reasonably available to commercial vessels, including ferries, towboats and barges, because some of those commercial vessels are too large to dock where the recreational vessel pumpout facilities are located and may carry more sewage than a recreational pumpout facility can accept. Some commenters also stated that pumpout trucks are not adequate because they are not available 24 hours a day, do not have adequate capacity to accept all of the sewage on some commercial vessels, and would add substantial cost to their operations. One commenter stated that the pumpout trucks could not service the Bridgeport/ Port Jefferson Ferries because waiting in port for the pumpout to be completed would disrupt the ferry schedule. VerDate Mar<15>2010 16:26 Sep 07, 2011 Jkt 223001 EPA Response: EPA agrees that some commercial vessels are different from recreational vessels in terms of size, draft, and sewage holding capacity. In response to these comments, EPA and New York State gathered additional information from the commenters about the holding capacity of their commercial vessels, and gathered information from commercial pumpout providers about the availability of alternative pumpout facilities that can serve commercial vessels, and found that pumpout boats and pumpout trucks are widely available for hire throughout the New York side of the LIS, are able to reach commercial vessels either on the water or on commercial docks, and have more than adequate capacity to pumpout even the largest holding tank reported by the commenters. Specifically, the largest holding tank reported by the commenters was 2,500 gallons, while the largest pumpout truck capacity is 4,000 gallons. Significantly, the commenters reported that most commercial vessel holding tanks are under 1,000 gallons, while EPA and New York State found that many pumpout trucks have capacities greater than 1,000 gallons. One commercial vessel operator stated that pumpout facilities do exist at some commercial ports as well. Regarding the Bridgeport/ Port Jefferson Ferry, EPA confirmed by a site visit, that a pumpout truck could drive close to the ferry and access the holding tank to pump it out while the ferry is at dock. Arrangements for a pumpout truck service could be made when the ferry is in port thus avoiding any disruption to the ferry schedule. Finally, the comments about the cost of commercial pumpout services are beyond the scope of EPA’s determination, which is limited to whether adequate pumpout facilities are reasonably available. FOR FURTHER INFORMATION CONTACT: Moses Chang (212) 637–3867, e-mail address: chang.moses@epa.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New York (NYS or State) has petitioned the United States Environmental Protection Agency, Region 2, (EPA) pursuant to section 312(f)(3) of Public Law 92–500 as amended by Public Law 95–217 and Public Law 100–4, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York State areas of the Long Island Sound. Adequate pumpout facilities are defined as one pumpout station for 300–600 boats under the Clean Vessel Act: Pumpout Station and Dump Station Technical Guidelines PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 55669 (Federal Register, Vol. 59, No. 47, March 10, 1994). The Long Island Sound is one of the nation’s premier water bodies, and supports a variety of possible uses—fish and shellfisheries, fish spawning areas, breeding grounds, valuable wildlife habitats, bathing beaches, commercial and recreational boating, and a profusion of recreational resources. In 1985, recognizing the Sound’s ecological and economic value, New York State partnered with Connecticut and the EPA to create and support the Long Island Sound Study (LISS). The Sound was recognized as an Estuary of National Significance under the Clean Water Act in 1988, and as such, is one of the nation’s twenty-eight (28) National Estuary Programs. The ecological, economic, and recreational resources provided by the Long Island Sound are vulnerable to the effects of poor water quality. The Sound was once home to some of the most productive shellfish beds in the nation, but many have now closed due to pathogen, low dissolved oxygen, and excessive nutrient contamination. The State of Connecticut designated the Connecticut portion of the Long Island Sound as a No-Discharge Zone in 2007. Previously established No Discharge Zones in both New York State and Connecticut have made important reductions in vessel waste as a source of water pollution in the Long Island Sound. Degradation of any area, however, affects the whole. Extending the No Discharge Zone designation to the remainder of the Long Island Sound would therefore be a positive component of an overall strategy to protect and improve these waters and would create a unified approach to vessel waste for the entirety of this waterbody. In order for EPA to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York State areas of the Long Island Sound, the State must demonstrate that the pumpout-to-vessel ratio does not exceed 1:600. In its petition, the State described the recreational and commercial vessels that use the Sound, and the pumpout facilities that are available for their use. The recreational vessel population, 11,693, was estimated using 2008 recreational vessel registrations. In addition to recreational vessels, the Sound is used by commercial vessels. The majority of commercial vessels are small fishing vessels, tankers, tugs, or barges. Because the small fishing vessels are comparably sized to the bulk of recreational vessels, they can make use E:\FR\FM\08SEN1.SGM 08SEN1 55670 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices of the existing vessel pumpouts that are available for recreational vehicles. The small commercial vessel population, 500, was estimated based on aerial photographs used to develop the 1996 Statewide Clean Vessel Plan. The figures for recreational and small commercial vessels were then compared to the number of pumpouts available to determine the applicable ratio and whether the requirement is met. There are fifty-two (52) pumpout facilities funded by the Clean Vessel Assistance Program (CVAP) in the relevant areas of the Sound. Of those, twenty-six (26) discharge to a holding tank and twentysix (26) discharge to a municipal wastewater treatment plant. There are also sixteen (16) other (non-CVAP funded) pumpouts available for recreational and small commercial vessels that either discharge to a holding tank or to a municipal wastewater treatment plant. Therefore, the total number of pumpouts available for the 12,193 recreational and small commercial vessels that use the Sound is sixty-eight (68), and the pumpout-tovessel ratio for those vessels is 1:179.3 (68:12,193). The number of large commercial vessels was estimated using the following information sources: ballast manifests; U.S. Coast Guard assessments; correspondence with operators of ferries, cruise ships, towboats and barges; the State University of New York (SUNY); and the Port Authority of New York and New Jersey. Based on the information from those sources, on any given day, the numbers of large vessels in the New York waters of the Long Island Sound is less than fifty (50), partially due to complex navigational issues. These vessels have access to mobile pumpout facilities (i.e., ‘‘honey-dipper’’ trucks or boats), or may access pumpout facilities at their origination or destination ports outside of the Sound, thus reducing the need for services within the Sound. A list of the pumpout facilities in New York areas of the Sound and adjacent nearby waters, along with their phone numbers, locations, hours of operation, water depth and fees, is provided as follows: LIST OF PUMPOUTS IN THE PROPOSED LIS NDZ AREA Contact information Dates/Days/Hours of operation Water depth (feet) Milton Harbor, New Rochelle. 914–235–8013 .......... 10 ............ $5.00. Mamaroneck Harbor, Mamaroneck. Mamaroneck Harbor, Mamaroneck. 914–698–6065 .......... Memorial Day to Labor Day; daily; 9 a.m.–5 p.m. Apr 15–Oct 15; daily; 9 a.m.–5 p.m. Apr–Nov; Mon–Sun (in season); 24 hours. 8 .............. Free. 8.5 ........... Free. Milton Harbor, Rye ... Apr 1–Oct 31; Mon– Sun; 8 a.m.–8 p.m. May 1–Oct 31; Mon– Sun; 8 a.m.–8 p.m. 5 .............. Free. Cold Spring Harbor, Huntington. 914–967–2011; VHF 16. 631–351–3049; VHF 9. 6 .............. Free. Greenport Harbor, Greenport. 631–477–2385; VHF 9. May 1–Oct 31; Mon– Sun; 8 a.m.–5 p.m. N/A .......... $5.00. Southold Bay, Southold. Greenport Harbor, Greenport. Southold Bay, Southold. 631–765–2445 .......... 4 .............. $5.00. 10 ............ Free. 5 .............. $5.00. Fishers Island Yacht Club Boat. Southold Bay, Fisher’s Island. 631–788–7036; VHF 73. 10 ............ Free. Old Dock Bluff Park Replace. Town of Smithtown— Long Beach Mooring Area. Coecles Harbor Marina and Boatyard, Inc. Village of Northport— Pumpout Boat. Stony Brook Harbor, Smithtown. Stony Brook Harbor, St. James. 631–360–7514; VHF 16. 631–360–7643; VHF 16. Apr–Nov; Mon–Sun; 7:30 a.m.–5 p.m. Apr 1–Nov 1; Mon– Sun; 8 a.m.–5 p.m. Apr–Dec (Closed Sundays, Jan– Mar); Mon–Sun, 8 a.m.–5 p.m. (Sun 9 a.m.-3 p.m.). Memorial Weekend to Columbus Day; Sat, Sun, & Holidays; 9 a.m.–6 p.m. Apr–Oct; Mon–Sun; 24 Hrs. Apr–Oct; Mon–Sun; 24 hours. 4 .............. Free. 4 .............. Free. Coecles Harbor, Shelter Island. 631–749–0700; VHF 9. 6 .............. $5.00. Northport Harbor, Northport. 631–261–7502; VHF 9. N/A .......... Free. Town of Huntington— Woodbine Marina. Town of Huntington— South Town Dock. Northport Harbor, Northport. Huntington Harbor, Halesite. 631–351–3192; VHF 9. 631–351–3049; VHF 9. May 15–Oct 12; Mon–Sun; 8 a.m.– 5 p.m. May 15–Oct 15; Mon–Sun; 9 a.m.– 5 p.m. May 1–Oct 31; Mon– Sun; 8 a.m.–8 p.m. May 1–Oct 31; Mon– Sun; Boats 8 a.m.– 8 p.m.; Stationary station 24 hours. 6 .............. Free. 10 ............ Free. No. Name 1 .............. Wright Island Marina 2 .............. 8 .............. Nichols Yacht Yard, Inc. Village of Mamaroneck—Harbor Island East and West Basin. City of Rye—Municipal Boat Basin. Town of Huntington— Cold Spring Harbor Replace. Village of Greenport—Boat Engine Replacement. Port of Egypt Marine, Inc. Claudio’s Marina ....... 9 .............. Albertson Marine Inc 10 ............ 11 ............ 3 .............. 4 .............. 5 .............. 6 .............. 7 .............. 12 ............ sroberts on DSK5SPTVN1PROD with NOTICES 13 ............ 14 ............ 15 ............ 16 ............ VerDate Mar<15>2010 16:26 Sep 07, 2011 Location Jkt 223001 PO 00000 914–777–7703; VHF 16. 631–477–0355; VHF 9. 631–765–3232; VHF 16 & 18. Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1 Fee 55671 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices LIST OF PUMPOUTS IN THE PROPOSED LIS NDZ AREA—Continued Contact information Dates/Days/Hours of operation Water depth (feet) Huntington Harbor, Huntington. 631–351–3049; VHF 9. Apr 1–Sept 30; Mon– Sun; 24 hours. 6 .............. Free. Lloyd Harbor, Huntington. 631–351–3049; VHF 9. 8 .............. Free. Huntington Harbor, Huntington. 631–351–3049; VHF 9. Apr 20–Nov 30; Sat, Sun, & Holidays; 10 a.m.–8 p.m. Apr 1–Sept 30; Mon– Sun; 24 hours. 10 ............ Free. Huntington Harbor, Huntington. 631–351–3049; VHF 9. N/A .......... Free. Town of Huntington— Gold Star Battalion. Huntington Yacht Club. Huntington Harbor, Huntington. Huntington Harbor, Huntington. 631–351–3049; VHF 9. 631–427–4949; VHF 68. 8 .............. Free. 8 .............. $5.00. Town of Huntington— Mill Dam Marina Pumpout Upgrade. Town of BrookhavenPort Jefferson Boat-Replacement. Huntington Harbor, Huntington. 631–351–3049; VHF 9. Memorial Day to Labor Day; Sat & Sun; 10 a.m.–8 p.m. May 1–Oct 31; Mon– Sun; 8 a.m.–8 p.m. Apr 15–Nov 15; Mon–Sun; 8 a.m.– 8 p.m. Apr 1–Dec 31; Mon– Sun; 24 hours. 10 low tide Free. Port Jefferson and Setauket Harbors & Conscience Bay, Port Jefferson. Mt. Sinai Harbor, Port Jefferson. 631–473–3052; VHF 73. May 15–Sept 15; N/A .......... Weekends & Holidays; 8 a.m.–4 p.m. Free. 631–473–3052; VHF 73. N/A .......... Free. East River, Flushing 8 .............. Free. Little Neck Bay, Flushing. Manhasset Bay, Port Washington. 631–595–4458; VHF 71. 718–595–4458; VHF 72. 516–883–7800; VHF 9 & 71. 4–12 ........ Free. 1.5 ........... Free. Town of Oyster Bay—Theodore Roosevelt Beach & Marina Upgrade. Town of Oyster Bay—Tappen Beach & Marina. Sea Cliff Yacht Club Oyster Bay ................ 516–624–6180 .......... Mid-May to Mid-Sept; Weekends & Holidays; 8 a.m.–4 p.m. May 1–Oct 31; Mon– Sun; 8 a.m.–6 p.m. May 1–Oct 31; Mon– Sun; 24 hours. May 1–Oct 31; Mon– Sun; 8 a.m.–10 p.m. N/A ............................ N/A .......... Free. Hempstead Harbor, Glenwood Landing. 516–624–6180; VHF 9. Jan–Dec; Mon–Sun; 24 hours. 7–8 .......... Free. Hempstead Harbor, Sea Cliff. 516–671–7374; VHF 9. 8 .............. $5.00. Town of North Hempstead—Port Washington Dock Pump Replacement. Town of North Hempstead— Manorhaven Beach Park. Town of North Hempstead—Bar Beach Park. Manhasset Bay Marina (Port Washington)—1995 Project. Inspiration Wharf, c/o Ventura Management Corp. U.S. Merchant Marine Academy. Glen Cove Yacht Service & Repair, Inc. Hempstead Harbor, Port Washington. 516–767–4622; VHF 9 & 16. May 15–Sept 15; Mon–Fri; 9 a.m.–5 p.m. May 15–Nov 1; Mon– Sun; 24 hours. 7 .............. Free. Manhasset Bay, Port Washington. 516–767–4622 .......... May 15–Nov 1; Wed– Sun; 8 a.m.–4 p.m. 6 .............. Free Hempstead Harbor, Port Washington. 516–767–4622; VHF 9 & 16. Apr–Oct; Mon–Sun; 24 hours. 6 .............. Free. Manhasset Bay, Port Washington. 516–883–8411; VHF 9 & 71. Apr 1–Oct 1; Mon– Sun; 24 hours. 15 ............ Free. Manhasset Bay, Port Washington. 516–883–7800; VHF 7 & 9. 6 .............. Free. Little Neck Bay, Kings Point. Hempstead Harbor, Glen Cove. 516–773–5798 .......... May 1–Oct 31; Mon– Sun; 8 a.m.–10 p.m. Jan–Dec; Mon–Sun; 9 a.m.–3 p.m. Apr–Oct; Mon–Sun; 24 hours. 6 .............. Free. 6 .............. $5.00. No. Name 17 ............ Town of Huntington— Mill Dam Marina Pumpout. Town of Huntington— Huntington Boat Pumpout. Town of Huntington— Halesite Marina Pumpout. Town of Huntington— Halesite Marina Boat. 18 ............ 19 ............ 20 ............ 21 ............ 22 ............ 23 ............ 24 ............ 25 ............ 26 ............ 27 ............ 28 ............ 29 ............ 30 ............ 31 ............ 32 ............ 33 ............ 34 ............ sroberts on DSK5SPTVN1PROD with NOTICES 35 ............ 36 ............ 37 ............ 38 ............ VerDate Mar<15>2010 Location Town of BrookhavenMt. Sinai Boat-Replacement. NYCDEP—World’s Fair Marina. NYCDEP—Bayside Marina. Capri Marine & Yachting Center. 16:26 Sep 07, 2011 Jkt 223001 PO 00000 516–676–0777 .......... Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1 Fee 55672 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices LIST OF PUMPOUTS IN THE PROPOSED LIS NDZ AREA—Continued No. 39 ............ Name Contact information Location Dates/Days/Hours of operation Water depth (feet) Fee City of Glen Cove— Glen Cove Yacht Club. Brewer Marina at Glen Cove. Hempstead Harbor, Glen Cove. 516–676–1625 .......... N/A ............................ 7 .............. Free. Hempstead Harbor, Glen Cove. 800–331–3077; VHF 9 & 16. 6 .............. $5.00. 41 ............ NYCDEP—Locust Point Marina. Pelham Bay, Bronx .. 718–595–4458; VHF 68. 4 .............. Free. 42 ............ City Island Yacht Sales—Pumpout Boat. City of New Rochelle—Municipal Marina. Town of Oyster Bay—Theodore Roosevelt Beach & Marina Boat Rep. Haven Marina ........... Pelham Bay, City Island. 718–885–2300; VHF 9. N/A .......... $5.00. New Rochelle Creek & Lower Harbor, New Rochelle. Oyster Bay Harbor and Mill Neck Bay, Oyster Bay. 914–235–7339; VHF 9 & 16. May 1–Oct 31; Mon– Sun; 7:30 a.m.–4 p.m. May 1–Oct 31; Mon– Sun; Sunrise to Sunset. Apr 1–Dec 8; Mon– Sun; 8 a.m.–4:30 p.m. Apr–Nov 30; Mon– Sun; 24 hours. 8 .............. Free. 516–624–6180; VHF 9. Apr 1 to Mid-Nov; 7 days/week; 24 hours. 7–8 .......... Free. Manhasset Bay, Port Washington. Stony Brook Harbor, St. James. 516–883–0937 .......... May–Sept; Mon–Sun; Sunrise to Sunset. Apr–Oct; Mon–Sun; 24 hours. 8 .............. Free. 4 .............. Free. Esopus-Lloyd-Marlborough, Marlboro. VHF 16 & 19 ............ N/A .......... Free. City of New Rochelle—Pumpout Boat. City of New Rochelle—Municipal Marina. Town of Huntington— Mill Dam Boat. Echo Bay, New Rochelle. 914–235–7339; VHF 9. N/A .......... Free. New Rochelle Creek & Lower Harbor, New Rochelle. Huntington Harbor, Huntington. 914–235–7339; VHF 9 & 16. Mon–Sat, 8 a.m.–5 p.m.; Sun, 10 a.m.–5 p.m. Memorial Day to Labor Day; Fri– Mon; 8 a.m.–4 p.m. Apr–Nov 30; Mon– Sun; 24 hours. 8 .............. Free. 8 .............. Free. Manhasset Pumpout Boat. North Hempstead Pumpout Boat. Tappen Marina Pumpout Boat. Manhasset Bay, Syosset. Manhasset Bay ......... 516–677–5853 .......... Apr 20–Sept 30; Sat, Sun & Holidays; 10 a.m.–8 p.m. Fri–Sun & Holidays; 10 a.m.–6 p.m. Apr 1–Oct 30; Mon– Fri; 9 a.m.–3 p.m. June–Oct; Fri–Mon; 8 a.m.–6 p.m. Varies ...... Free. Varies ...... Free. Varies ...... Free. Memorial Day to Labor Day; 7 days/ week; 24 hours. Mid-Apr to Oct 31; Thu–Sun; 10 a.m.– 6 p.m. Memorial Day to Labor Day; Sat & Sun; 8 a.m.–8 p.m. N/A .......... Free. Varies ...... Free. 6′ at low tide; 12′ at high tide. 15 ............ Free. $5.00. 11 ............ Free. 8 .............. Free for self service; $5.00 for assistance from attendant. 40 ............ 43 ............ 44 ............ 45 ............ 46 ............ 47 ............ 48 ............ 49 ............ 50 ............ 51 ............ 52 ............ 53 ............ Town of Smithtown— Long Beach Park East Replacement. West Shore Marine .. Western Waterfront Pier. 55 ............ Theodore Roosevelt Pumpout Boat. 56 ............ Soundview Boat Ramp. 57 ............ Island Boat Yard ....... 58 ............ sroberts on DSK5SPTVN1PROD with NOTICES 54 ............ 59 ............ VerDate Mar<15>2010 Oyster Bay Harbor and Mill Neck Bay, Oyster Bay. Oyster Bay Harbor, Oyster Bay. 631–360–7620; VHF 16. 631–351–3049; VHF 9. 516–767–4622; VHF 9 or 71. 516–677–5853; VHF 9. VHF 9 ....................... Oyster Bay Harbor and Mill Neck Bay, Oyster Bay. Northport Harbor, Northport. 516–677–5853; VHF 9. Port Jefferson Marina West Neck Harbor, Shelter Island. Port Jefferson Harbor, Port Jefferson. 631–749–3333; VHF 9. 631–331–3567; VHF 9 for marina, VHF 73 for pumpout boats. Brewer Yacht Yard ... Greenport Harbor, Greenport. 631–477–9594; VHF 9. 16:26 Sep 07, 2011 Jkt 223001 PO 00000 631–351–3255; VHF 9. Frm 00031 Fmt 4703 Sfmt 4703 Apr 15–Oct 15; Mon– Sun; 9 a.m.–5 p.m. Boats: May to MidSept; Fri, Sat, & Sun; 8 a.m.–6 p.m. Barge: May–Nov; 7 days/week; 24 hours. Year-round however they do winterize. If requested, can run the pumpout in winter conditions. 7 days/week, 24 hours. E:\FR\FM\08SEN1.SGM 08SEN1 55673 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices LIST OF PUMPOUTS IN THE PROPOSED LIS NDZ AREA—Continued Contact information Dates/Days/Hours of operation Water depth (feet) Greenport Harbor, Greenport. 631–477–0828; VHF 9. 7–8 .......... N/A. Brick Cove Marina .... Southold Harbor, Southold. 631–477–0830 .......... 6 .............. Yes, for non-marina customers. 62 ............ Goldsmith’s Boat Shop. Southold Bay, Southold. 631–765–1600 .......... 6 .............. N/A. 63 ............ Mt. Sinai Yacht Club Mt. Sinai Harbor, Mt. Sinai. 631–473–2993; VHF 16. 20 ............ None for members; $15 for outside boaters. 64 ............ Mt. Sinai Marina ....... Mt. Sinai Harbor, Mt. Sinai. 631–928–0199; VHF 9 & 73. 6 .............. Free. 65 ............ Old Man’s Boatyard .. 631–473–7330 .......... 8 .............. $50 for pumpout. 66 ............ Danford’s Marina ...... Mt. Sinai Harbor, St. James. Port Jefferson Harbor, Port Jefferson. 3–10 ........ Free. 67 ............ Knutson West Marina 631–549–7842 .......... N/A .......... N/A. 68 ............ Seymour’s Boatyard Huntington Harbor, Huntington. Northport Harbor, Northport. 5 days/week, yearround; Mon–Fri 7:30 a.m.–4 p.m.; Sat in off season 8–12; Sat in season 7:30 a.m.–7 p.m. Mar–Dec; Mon–Fri, 7 a.m.–4 p.m.; Sat 9 a.m.–5 p.m.; Sun 1:30 p.m.–4 p.m. Year round; 7 days/ week (closed Sun in Jan & Feb); 8:30 a.m.–4:30 p.m. (Sun 9 a.m.–4:30 p.m.). May 15–Oct 1; May & June, open Fri, Sat, & Sun; June to Labor Day, open 7 days/week; 9 a.m.–6 p.m. Marina: Mother’s Day to 1st weekend in Nov. Pumpout boats: May to MidSept (8 a.m.–6 p.m.). Apr 15–Oct 15; Mon– Fri; 8 a.m.–4 p.m. May 1–Oct 31; 7 days/week; 7 a.m.– 9 p.m. N/A ............................ 7 .............. N/A. No. Name Location 60 ............ Brewer Yacht Yard ... 61 ............ Based on the above, EPA hereby makes a final affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are available for the New York State areas of the Long Island Sound. Dated: August 15, 2011. Judith A. Enck, Regional Administrator, Region 2. [FR Doc. 2011–22997 Filed 9–7–11; 8:45 am] sroberts on DSK5SPTVN1PROD with NOTICES BILLING CODE 6560–50–P 631–928–5200; VHF 9. 631–261–6574 .......... Apr 15–Oct 31; 7 days/week; hours vary. ENVIRONMENTAL PROTECTION AGENCY [FRL–9460–8; Docket ID No. EPA–HQ–ORD– 2011–0485] Vulnerability Assessments in Support of the Climate Ready Estuaries Program: A Novel Approach Using Expert Judgment, Volume I: Results for the San Francisco Estuary Partnership and Volume II: Results for the Massachusetts Bays Program Environmental Protection Agency (EPA). ACTION: Notice of Public Comment Period and Letter Peer-Review. AGENCY: EPA is announcing a 30-day public comment period for the draft documents titled, Vulnerability Assessments in Support of the Climate Ready Estuaries Program: A Novel Approach Using Expert Judgment, Volume I: Results for the San Francisco Estuary Partnership (EPA/600/R–11/ SUMMARY: VerDate Mar<15>2010 16:26 Sep 07, 2011 Jkt 223001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Fee 058a) and Vulnerability Assessments in Support of the Climate Ready Estuaries Program: A Novel Approach Using Expert Judgment, Volume II: Results for the Massachusetts Bays Program (EPA/ 600/R–11/058b). The EPA also is announcing that Eastern Research Group, an EPA contractor for external scientific peer review, will select two independent groups of experts to conduct a letter peer-review of the same draft documents. The documents were prepared by the National Center for Environmental Assessment within EPA’s Office of Research and Development, in collaboration with the San Francisco Estuary Partnership (SFEP), the San Francisco Bay Conservation and Development Commission, and the Massachusetts Bays Program (MBP). The reports are pilot ecological vulnerability assessments using a novel methodology, based on expert judgment, to inform adaptation planning under EPA’s E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55668-55673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22997]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9461-1]


New York State Prohibition of Discharges of Vessel Sewage; Final 
Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that, pursuant to Clean Water Act, 
Section 312(f)(3) (33 U.S.C. 1322(f)(3)), the State of New York has 
determined that the protection and enhancement of the quality of the 
New York State areas of the Long Island Sound (LIS or Sound) requires 
greater environmental protection, and has petitioned the United States 
Environmental Protection Agency (EPA), Region 2, for a determination 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage from all vessels are reasonably available for those 
waters, so that the State may completely prohibit the discharge from 
all vessels of any sewage, whether treated or not, into such waters.
    New York State has proposed to establish a ``Vessel Waste No 
Discharge Zone'' for the Long Island Sound that encompasses 
approximately 760 square miles, and includes the open waters, harbors, 
bays and navigable tributaries of the Sound and a portion of the East 
River, from the Hell Gate Bridge in the west to the northern bounds of 
Block Island Sound in the east. Today's action does not pertain to the 
waters of Mamaroneck Harbor, Huntington-Northport Bay Complex, Port 
Jefferson Complex, Hempstead Harbor and Oyster Bay/Cold Spring Harbor 
Complex, which have been previously designated as No Discharge Zones. 
The New York State Department of Environmental Conservation (NYSDEC) 
certified the need for greater protection of the water quality. EPA 
hereby makes a final affirmative determination that adequate facilities 
for the safe and sanitary removal and treatment of sewage from all 
vessels are reasonably available for the New York State areas of the 
Long Island Sound.
    EPA published a tentative affirmative determination on April 11, 
2011 in the Federal Register. Public comments were solicited for 30 
days and the comment period ended on May 11, 2011. EPA received a total 
of twenty (20) comments via letter and e-mail. The comment tally was 
ten (10) in favor and ten (10) questioning or opposing the No Discharge 
Zone designation. All the relevant comments received have been 
considered in the final affirmative determination. This Federal 
Register document will address all comments submitted in response to 
the April 11, 2011 (76 FR 19989)), Federal Register document.

Response to Comments

    1. Comment: Several commenter's including boaters, county 
legislators, non-governmental organizations, and community advocates 
expressed strong support of EPA's action to establish a vessel waste no 
discharge zone for the New York State portions of the LIS. One 
commenter further pointed out this action will reduce pathogens and 
chemicals, aid lobster population and further protect and restore the 
LIS.
    EPA Response: EPA is in full agreement that designating the NYS 
portions of the LIS is an important step to further protect this 
valuable natural resource, water quality and habitats throughout the 
entire LIS waterbody.
    2. Comment: One commenter stated that this application should be 
denied until New York State can adequately cover the area with at least 
one pumpout facility for every 150 vessels. Another commenter argued 
that the sixty eight (68) cited pumpout facilities, while on paper 
produces the claimed ratio of 1:179.3 boats, ignores the disparate 
location of these facilities compared to the many harbors, marinas and 
yacht clubs that cover the hundreds of miles of shoreline that are 
involved.
    EPA Response: The criterion established pursuant to the Clean 
Vessel Act (CVA) for an adequate number of pumpouts is one pumpout per 
300 to 600 vessels. Overall, the NYS area of the LIS exceeds this 
criterion, with a ratio of one pumpout station for every 179.3 vessels. 
Therefore, EPA's determination of adequacy is justified. EPA recognizes 
the importance of adequate pumpouts to service the boating activity 
within a given waterbody, and notes that all of the pumpouts are 
located in the vicinity of a port, where the vast majority of vessels' 
trips begin and end, so they are conveniently located and accessible. 
In addition, pumpout vessels (``honey dippers'') can be hired to 
provide water-based mobile pumpout services to vessels anywhere in the 
Sound. Pumpout vessels can be found by searching business listings for 
pumpout boats, mobile pumpout, or septic boats.
    3. Comment: Several commenters stated that discharges from vessels 
with the required Marine Sanitation Devices (MSDs) are a relatively 
small source of pollution compared to the pollution caused by 
agricultural run-off, lawn fertilizer runoff and discharges of 
untreated sewage from Combined Sewer Overflows (CSOs), and therefore, 
banning vessel sewage discharges is unnecessary and unfair. Another 
commenter stated that vessel owners had spent thousands of dollars to 
install MSDs, and therefore banning discharges from those devices would 
be unfair.
    EPA Response: These comments go beyond the scope of EPA's authority 
in this action. Because EPA's authority here is limited to determining 
whether adequate pumpout facilities exist, it cannot base its 
determination on whether vessel sewage is comparable in quantity or 
impact to other sources of pollution, or whether banning such 
discharges is otherwise unfair to boaters. However, it is noted that 
the sewage discharged from MSDs is treated with chlorine, quaternary 
ammonia and formaldehyde, which can all pose threats to the marine 
environment, especially, if present in substantial,

[[Page 55669]]

concentrated amounts. EPA agrees with the NYSDEC, which certifies that 
the protection and enhancement of the waters of LIS require greater 
environmental protection than the applicable Federal standard. The 
designation of the LIS No Discharge Zone is an important step in 
further protecting the water quality, habitats and resources of the 
Sound.
    4. Comment: One commenter stated that, while it is a good idea to 
make it illegal to discharge waste in Long Island Sound, there are not 
enough pumpout stations in the Port Jefferson area, noting that one of 
the town's pumpouts has been out of service for years, and that one of 
the pumpout boats is only in service on Friday through Sunday during 
the summer.
    EPA Response: There are ten (10) pumpout facilities serving the 
Port Jefferson area, which are adequate to serve between 3,000 and 
6,000 recreational vessels, as well as seven (7) pumpout facilities 
serving the neighboring Smithtown Bay area.
    5. Comment: One commenter stated that New York State's petition 
should have been posted at https://www.reglations.gov so the public 
could review it, and determine whether it addresses the needs of 
commercial vessels.
    EPA Response: In its April 11, 2011 Federal Register notice, EPA 
provided all of the factual information that it relied on in making its 
tentative affirmative determination and established a 30-day comment 
period. In addition, EPA's contact information was published in the 
notice in case further information was needed. Therefore, all of the 
relevant information was publicly available, and the public had a full 
opportunity to comment and/or request additional information.
    6. Comment: Some commenters stated that the pumpout facilities that 
serve recreational vessels may not be reasonably available to 
commercial vessels, including ferries, towboats and barges, because 
some of those commercial vessels are too large to dock where the 
recreational vessel pumpout facilities are located and may carry more 
sewage than a recreational pumpout facility can accept. Some commenters 
also stated that pumpout trucks are not adequate because they are not 
available 24 hours a day, do not have adequate capacity to accept all 
of the sewage on some commercial vessels, and would add substantial 
cost to their operations. One commenter stated that the pumpout trucks 
could not service the Bridgeport/Port Jefferson Ferries because waiting 
in port for the pumpout to be completed would disrupt the ferry 
schedule.
    EPA Response: EPA agrees that some commercial vessels are different 
from recreational vessels in terms of size, draft, and sewage holding 
capacity. In response to these comments, EPA and New York State 
gathered additional information from the commenters about the holding 
capacity of their commercial vessels, and gathered information from 
commercial pumpout providers about the availability of alternative 
pumpout facilities that can serve commercial vessels, and found that 
pumpout boats and pumpout trucks are widely available for hire 
throughout the New York side of the LIS, are able to reach commercial 
vessels either on the water or on commercial docks, and have more than 
adequate capacity to pumpout even the largest holding tank reported by 
the commenters. Specifically, the largest holding tank reported by the 
commenters was 2,500 gallons, while the largest pumpout truck capacity 
is 4,000 gallons. Significantly, the commenters reported that most 
commercial vessel holding tanks are under 1,000 gallons, while EPA and 
New York State found that many pumpout trucks have capacities greater 
than 1,000 gallons. One commercial vessel operator stated that pumpout 
facilities do exist at some commercial ports as well. Regarding the 
Bridgeport/Port Jefferson Ferry, EPA confirmed by a site visit, that a 
pumpout truck could drive close to the ferry and access the holding 
tank to pump it out while the ferry is at dock. Arrangements for a 
pumpout truck service could be made when the ferry is in port thus 
avoiding any disruption to the ferry schedule. Finally, the comments 
about the cost of commercial pumpout services are beyond the scope of 
EPA's determination, which is limited to whether adequate pumpout 
facilities are reasonably available.

FOR FURTHER INFORMATION CONTACT: Moses Chang (212) 637-3867, e-mail 
address: chang.moses@epa.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New 
York (NYS or State) has petitioned the United States Environmental 
Protection Agency, Region 2, (EPA) pursuant to section 312(f)(3) of 
Public Law 92-500 as amended by Public Law 95-217 and Public Law 100-4, 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage from all vessels are reasonably available for the 
New York State areas of the Long Island Sound. Adequate pumpout 
facilities are defined as one pumpout station for 300-600 boats under 
the Clean Vessel Act: Pumpout Station and Dump Station Technical 
Guidelines (Federal Register, Vol. 59, No. 47, March 10, 1994).
    The Long Island Sound is one of the nation's premier water bodies, 
and supports a variety of possible uses--fish and shellfisheries, fish 
spawning areas, breeding grounds, valuable wildlife habitats, bathing 
beaches, commercial and recreational boating, and a profusion of 
recreational resources.
    In 1985, recognizing the Sound's ecological and economic value, New 
York State partnered with Connecticut and the EPA to create and support 
the Long Island Sound Study (LISS). The Sound was recognized as an 
Estuary of National Significance under the Clean Water Act in 1988, and 
as such, is one of the nation's twenty-eight (28) National Estuary 
Programs.
    The ecological, economic, and recreational resources provided by 
the Long Island Sound are vulnerable to the effects of poor water 
quality. The Sound was once home to some of the most productive 
shellfish beds in the nation, but many have now closed due to pathogen, 
low dissolved oxygen, and excessive nutrient contamination.
    The State of Connecticut designated the Connecticut portion of the 
Long Island Sound as a No-Discharge Zone in 2007. Previously 
established No Discharge Zones in both New York State and Connecticut 
have made important reductions in vessel waste as a source of water 
pollution in the Long Island Sound. Degradation of any area, however, 
affects the whole. Extending the No Discharge Zone designation to the 
remainder of the Long Island Sound would therefore be a positive 
component of an overall strategy to protect and improve these waters 
and would create a unified approach to vessel waste for the entirety of 
this waterbody.
    In order for EPA to determine that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for the New York State areas of the Long Island 
Sound, the State must demonstrate that the pumpout-to-vessel ratio does 
not exceed 1:600. In its petition, the State described the recreational 
and commercial vessels that use the Sound, and the pumpout facilities 
that are available for their use.
    The recreational vessel population, 11,693, was estimated using 
2008 recreational vessel registrations. In addition to recreational 
vessels, the Sound is used by commercial vessels. The majority of 
commercial vessels are small fishing vessels, tankers, tugs, or barges. 
Because the small fishing vessels are comparably sized to the bulk of 
recreational vessels, they can make use

[[Page 55670]]

of the existing vessel pumpouts that are available for recreational 
vehicles. The small commercial vessel population, 500, was estimated 
based on aerial photographs used to develop the 1996 Statewide Clean 
Vessel Plan. The figures for recreational and small commercial vessels 
were then compared to the number of pumpouts available to determine the 
applicable ratio and whether the requirement is met. There are fifty-
two (52) pumpout facilities funded by the Clean Vessel Assistance 
Program (CVAP) in the relevant areas of the Sound. Of those, twenty-six 
(26) discharge to a holding tank and twenty-six (26) discharge to a 
municipal wastewater treatment plant. There are also sixteen (16) other 
(non-CVAP funded) pumpouts available for recreational and small 
commercial vessels that either discharge to a holding tank or to a 
municipal wastewater treatment plant. Therefore, the total number of 
pumpouts available for the 12,193 recreational and small commercial 
vessels that use the Sound is sixty-eight (68), and the pumpout-to-
vessel ratio for those vessels is 1:179.3 (68:12,193).
    The number of large commercial vessels was estimated using the 
following information sources: ballast manifests; U.S. Coast Guard 
assessments; correspondence with operators of ferries, cruise ships, 
towboats and barges; the State University of New York (SUNY); and the 
Port Authority of New York and New Jersey. Based on the information 
from those sources, on any given day, the numbers of large vessels in 
the New York waters of the Long Island Sound is less than fifty (50), 
partially due to complex navigational issues. These vessels have access 
to mobile pumpout facilities (i.e., ``honey-dipper'' trucks or boats), 
or may access pumpout facilities at their origination or destination 
ports outside of the Sound, thus reducing the need for services within 
the Sound.
    A list of the pumpout facilities in New York areas of the Sound and 
adjacent nearby waters, along with their phone numbers, locations, 
hours of operation, water depth and fees, is provided as follows:

                                                      List of Pumpouts in the Proposed LIS NDZ Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Contact        Dates/Days/Hours
               No.                       Name              Location           information        of operation     Water depth (feet)          Fee
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...............................  Wright Island       Milton Harbor, New  914-235-8013......  Memorial Day to     10................  $5.00.
                                   Marina.             Rochelle.                               Labor Day; daily;
                                                                                               9 a.m.-5 p.m.
2...............................  Nichols Yacht       Mamaroneck Harbor,  914-698-6065......  Apr 15-Oct 15;      8.................  Free.
                                   Yard, Inc.          Mamaroneck.                             daily; 9 a.m.-5
                                                                                               p.m.
3...............................  Village of          Mamaroneck Harbor,  914-777-7703; VHF   Apr-Nov; Mon-Sun    8.5...............  Free.
                                   Mamaroneck--Harbo   Mamaroneck.         16.                 (in season); 24
                                   r Island East and                                           hours.
                                   West Basin.
4...............................  City of Rye--       Milton Harbor, Rye  914-967-2011; VHF   Apr 1-Oct 31; Mon-  5.................  Free.
                                   Municipal Boat                          16.                 Sun; 8 a.m.-8 p.m.
                                   Basin.
5...............................  Town of             Cold Spring         631-351-3049; VHF   May 1-Oct 31; Mon-  6.................  Free.
                                   Huntington--Cold    Harbor,             9.                  Sun; 8 a.m.-8 p.m.
                                   Spring Harbor       Huntington.
                                   Replace.
6...............................  Village of          Greenport Harbor,   631-477-2385; VHF   May 1-Oct 31; Mon-  N/A...............  $5.00.
                                   Greenport--Boat     Greenport.          9.                  Sun; 8 a.m.-5 p.m.
                                   Engine
                                   Replacement.
7...............................  Port of Egypt       Southold Bay,       631-765-2445......  Apr-Nov; Mon-Sun;   4.................  $5.00.
                                   Marine, Inc.        Southold.                               7:30 a.m.-5 p.m.
8...............................  Claudio's Marina..  Greenport Harbor,   631-477-0355; VHF   Apr 1-Nov 1; Mon-   10................  Free.
                                                       Greenport.          9.                  Sun; 8 a.m.-5 p.m.
9...............................  Albertson Marine    Southold Bay,       631-765-3232; VHF   Apr-Dec (Closed     5.................  $5.00.
                                   Inc.                Southold.           16 & 18.            Sundays, Jan-
                                                                                               Mar); Mon-Sun, 8
                                                                                               a.m.-5 p.m. (Sun
                                                                                               9 a.m.-3 p.m.).
10..............................  Fishers Island      Southold Bay,       631-788-7036; VHF   Memorial Weekend    10................  Free.
                                   Yacht Club Boat.    Fisher's Island.    73.                 to Columbus Day;
                                                                                               Sat, Sun, &
                                                                                               Holidays; 9 a.m.-
                                                                                               6 p.m.
11..............................  Old Dock Bluff      Stony Brook         631-360-7514; VHF   Apr-Oct; Mon-Sun;   4.................  Free.
                                   Park Replace.       Harbor, Smithtown.  16.                 24 Hrs.
12..............................  Town of Smithtown-- Stony Brook         631-360-7643; VHF   Apr-Oct; Mon-Sun;   4.................  Free.
                                   Long Beach          Harbor, St. James.  16.                 24 hours.
                                   Mooring Area.
13..............................  Coecles Harbor      Coecles Harbor,     631-749-0700; VHF   May 15-Oct 12; Mon- 6.................  $5.00.
                                   Marina and          Shelter Island.     9.                  Sun; 8 a.m.-5 p.m.
                                   Boatyard, Inc.
14..............................  Village of          Northport Harbor,   631-261-7502; VHF   May 15-Oct 15; Mon- N/A...............  Free.
                                   Northport--Pumpou   Northport.          9.                  Sun; 9 a.m.-5 p.m.
                                   t Boat.
15..............................  Town of             Northport Harbor,   631-351-3192; VHF   May 1-Oct 31; Mon-  6.................  Free.
                                   Huntington--Woodb   Northport.          9.                  Sun; 8 a.m.-8 p.m.
                                   ine Marina.
16..............................  Town of             Huntington Harbor,  631-351-3049; VHF   May 1-Oct 31; Mon-  10................  Free.
                                   Huntington--South   Halesite.           9.                  Sun; Boats 8 a.m.-
                                   Town Dock.                                                  8 p.m.;
                                                                                               Stationary
                                                                                               station 24 hours.

[[Page 55671]]

 
17..............................  Town of             Huntington Harbor,  631-351-3049; VHF   Apr 1-Sept 30; Mon- 6.................  Free.
                                   Huntington--Mill    Huntington.         9.                  Sun; 24 hours.
                                   Dam Marina
                                   Pumpout.
18..............................  Town of             Lloyd Harbor,       631-351-3049; VHF   Apr 20-Nov 30;      8.................  Free.
                                   Huntington--Hunti   Huntington.         9.                  Sat, Sun, &
                                   ngton Boat                                                  Holidays; 10 a.m.-
                                   Pumpout.                                                    8 p.m.
19..............................  Town of             Huntington Harbor,  631-351-3049; VHF   Apr 1-Sept 30; Mon- 10................  Free.
                                   Huntington--Hales   Huntington.         9.                  Sun; 24 hours.
                                   ite Marina
                                   Pumpout.
20..............................  Town of             Huntington Harbor,  631-351-3049; VHF   Memorial Day to     N/A...............  Free.
                                   Huntington--Hales   Huntington.         9.                  Labor Day; Sat &
                                   ite Marina Boat.                                            Sun; 10 a.m.-8
                                                                                               p.m.
21..............................  Town of             Huntington Harbor,  631-351-3049; VHF   May 1-Oct 31; Mon-  8.................  Free.
                                   Huntington--Gold    Huntington.         9.                  Sun; 8 a.m.-8 p.m.
                                   Star Battalion.
22..............................  Huntington Yacht    Huntington Harbor,  631-427-4949; VHF   Apr 15-Nov 15; Mon- 8.................  $5.00.
                                   Club.               Huntington.         68.                 Sun; 8 a.m.-8 p.m.
23..............................  Town of             Huntington Harbor,  631-351-3049; VHF   Apr 1-Dec 31; Mon-  10 low tide.......  Free.
                                   Huntington--Mill    Huntington.         9.                  Sun; 24 hours.
                                   Dam Marina
                                   Pumpout Upgrade.
24..............................  Town of Brookhaven- Port Jefferson and  631-473-3052; VHF   May 15-Sept 15;     N/A...............  Free.
                                   Port Jefferson      Setauket Harbors    73.                 Weekends &
                                   Boat-Replacement.   & Conscience Bay,                       Holidays; 8 a.m.-
                                                       Port Jefferson.                         4 p.m.
25..............................  Town of Brookhaven- Mt. Sinai Harbor,   631-473-3052; VHF   Mid-May to Mid-     N/A...............  Free.
                                   Mt. Sinai Boat-     Port Jefferson.     73.                 Sept; Weekends &
                                   Replacement.                                                Holidays; 8 a.m.-
                                                                                               4 p.m.
26..............................  NYCDEP--World's     East River,         631-595-4458; VHF   May 1-Oct 31; Mon-  8.................  Free.
                                   Fair Marina.        Flushing.           71.                 Sun; 8 a.m.-6 p.m.
27..............................  NYCDEP--Bayside     Little Neck Bay,    718-595-4458; VHF   May 1-Oct 31; Mon-  4-12..............  Free.
                                   Marina.             Flushing.           72.                 Sun; 24 hours.
28..............................  Capri Marine &      Manhasset Bay,      516-883-7800; VHF   May 1-Oct 31; Mon-  1.5...............  Free.
                                   Yachting Center.    Port Washington.    9 & 71.             Sun; 8 a.m.-10
                                                                                               p.m.
29..............................  Town of Oyster      Oyster Bay........  516-624-6180......  N/A...............  N/A...............  Free.
                                   Bay--Theodore
                                   Roosevelt Beach &
                                   Marina Upgrade.
30..............................  Town of Oyster      Hempstead Harbor,   516-624-6180; VHF   Jan-Dec; Mon-Sun;   7-8...............  Free.
                                   Bay--Tappen Beach   Glenwood Landing.   9.                  24 hours.
                                   & Marina.
31..............................  Sea Cliff Yacht     Hempstead Harbor,   516-671-7374; VHF   May 15-Sept 15;     8.................  $5.00.
                                   Club.               Sea Cliff.          9.                  Mon-Fri; 9 a.m.-5
                                                                                               p.m.
32..............................  Town of North       Hempstead Harbor,   516-767-4622; VHF   May 15-Nov 1; Mon-  7.................  Free.
                                   Hempstead--Port     Port Washington.    9 & 16.             Sun; 24 hours.
                                   Washington Dock
                                   Pump Replacement.
33..............................  Town of North       Manhasset Bay,      516-767-4622......  May 15-Nov 1; Wed-  6.................  Free
                                   Hempstead--Manorh   Port Washington.                        Sun; 8 a.m.-4 p.m.
                                   aven Beach Park.
34..............................  Town of North       Hempstead Harbor,   516-767-4622; VHF   Apr-Oct; Mon-Sun;   6.................  Free.
                                   Hempstead--Bar      Port Washington.    9 & 16.             24 hours.
                                   Beach Park.
35..............................  Manhasset Bay       Manhasset Bay,      516-883-8411; VHF   Apr 1-Oct 1; Mon-   15................  Free.
                                   Marina (Port        Port Washington.    9 & 71.             Sun; 24 hours.
                                   Washington)--1995
                                   Project.
36..............................  Inspiration Wharf,  Manhasset Bay,      516-883-7800; VHF   May 1-Oct 31; Mon-  6.................  Free.
                                   c/o Ventura         Port Washington.    7 & 9.              Sun; 8 a.m.-10
                                   Management Corp.                                            p.m.
37..............................  U.S. Merchant       Little Neck Bay,    516-773-5798......  Jan-Dec; Mon-Sun;   6.................  Free.
                                   Marine Academy.     Kings Point.                            9 a.m.-3 p.m.
38..............................  Glen Cove Yacht     Hempstead Harbor,   516-676-0777......  Apr-Oct; Mon-Sun;   6.................  $5.00.
                                   Service & Repair,   Glen Cove.                              24 hours.
                                   Inc.

[[Page 55672]]

 
39..............................  City of Glen Cove-- Hempstead Harbor,   516-676-1625......  N/A...............  7.................  Free.
                                   Glen Cove Yacht     Glen Cove.
                                   Club.
40..............................  Brewer Marina at    Hempstead Harbor,   800-331-3077; VHF   May 1-Oct 31; Mon-  6.................  $5.00.
                                   Glen Cove.          Glen Cove.          9 & 16.             Sun; 7:30 a.m.-4
                                                                                               p.m.
41..............................  NYCDEP--Locust      Pelham Bay, Bronx.  718-595-4458; VHF   May 1-Oct 31; Mon-  4.................  Free.
                                   Point Marina.                           68.                 Sun; Sunrise to
                                                                                               Sunset.
42..............................  City Island Yacht   Pelham Bay, City    718-885-2300; VHF   Apr 1-Dec 8; Mon-   N/A...............  $5.00.
                                   Sales--Pumpout      Island.             9.                  Sun; 8 a.m.-4:30
                                   Boat.                                                       p.m.
43..............................  City of New         New Rochelle Creek  914-235-7339; VHF   Apr-Nov 30; Mon-    8.................  Free.
                                   Rochelle--Municip   & Lower Harbor,     9 & 16.             Sun; 24 hours.
                                   al Marina.          New Rochelle.
44..............................  Town of Oyster      Oyster Bay Harbor   516-624-6180; VHF   Apr 1 to Mid-Nov;   7-8...............  Free.
                                   Bay--Theodore       and Mill Neck       9.                  7 days/week; 24
                                   Roosevelt Beach &   Bay, Oyster Bay.                        hours.
                                   Marina Boat Rep.
45..............................  Haven Marina......  Manhasset Bay,      516-883-0937......  May-Sept; Mon-Sun;  8.................  Free.
                                                       Port Washington.                        Sunrise to Sunset.
46..............................  Town of Smithtown-- Stony Brook         631-360-7620; VHF   Apr-Oct; Mon-Sun;   4.................  Free.
                                   Long Beach Park     Harbor, St. James.  16.                 24 hours.
                                   East Replacement.
47..............................  West Shore Marine.  Esopus-Lloyd-       VHF 16 & 19.......  Mon-Sat, 8 a.m.-5   N/A...............  Free.
                                                       Marlborough,                            p.m.; Sun, 10
                                                       Marlboro.                               a.m.-5 p.m.
48..............................  City of New         Echo Bay, New       914-235-7339; VHF   Memorial Day to     N/A...............  Free.
                                   Rochelle--Pumpout   Rochelle.           9.                  Labor Day; Fri-
                                   Boat.                                                       Mon; 8 a.m.-4 p.m.
49..............................  City of New         New Rochelle Creek  914-235-7339; VHF   Apr-Nov 30; Mon-    8.................  Free.
                                   Rochelle--Municip   & Lower Harbor,     9 & 16.             Sun; 24 hours.
                                   al Marina.          New Rochelle.
50..............................  Town of             Huntington Harbor,  631-351-3049; VHF   Apr 20-Sept 30;     8.................  Free.
                                   Huntington--Mill    Huntington.         9.                  Sat, Sun &
                                   Dam Boat.                                                   Holidays; 10 a.m.-
                                                                                               8 p.m.
51..............................  Manhasset Pumpout   Manhasset Bay,      516-677-5853......  Fri-Sun &           Varies............  Free.
                                   Boat.               Syosset.                                Holidays; 10 a.m.-
                                                                                               6 p.m.
52..............................  North Hempstead     Manhasset Bay.....  516-767-4622; VHF   Apr 1-Oct 30; Mon-  Varies............  Free.
                                   Pumpout Boat.                           9 or 71.            Fri; 9 a.m.-3 p.m.
53..............................  Tappen Marina       Oyster Bay Harbor   516-677-5853; VHF   June-Oct; Fri-Mon;  Varies............  Free.
                                   Pumpout Boat.       and Mill Neck       9.                  8 a.m.-6 p.m.
                                                       Bay, Oyster Bay.
54..............................  Western Waterfront  Oyster Bay Harbor,  VHF 9.............  Memorial Day to     N/A...............  Free.
                                   Pier.               Oyster Bay.                             Labor Day; 7 days/
                                                                                               week; 24 hours.
55..............................  Theodore Roosevelt  Oyster Bay Harbor   516-677-5853; VHF   Mid-Apr to Oct 31;  Varies............  Free.
                                   Pumpout Boat.       and Mill Neck       9.                  Thu-Sun; 10 a.m.-
                                                       Bay, Oyster Bay.                        6 p.m.
56..............................  Soundview Boat      Northport Harbor,   631-351-3255; VHF   Memorial Day to     6' at low tide;     Free.
                                   Ramp.               Northport.          9.                  Labor Day; Sat &    12' at high tide.
                                                                                               Sun; 8 a.m.-8 p.m.
57..............................  Island Boat Yard..  West Neck Harbor,   631-749-3333; VHF   Apr 15-Oct 15; Mon- 15................  $5.00.
                                                       Shelter Island.     9.                  Sun; 9 a.m.-5 p.m.
58..............................  Port Jefferson      Port Jefferson      631-331-3567; VHF   Boats: May to Mid-  11................  Free.
                                   Marina.             Harbor, Port        9 for marina, VHF   Sept; Fri, Sat, &
                                                       Jefferson.          73 for pumpout      Sun; 8 a.m.-6
                                                                           boats.              p.m. Barge: May-
                                                                                               Nov; 7 days/week;
                                                                                               24 hours.
59..............................  Brewer Yacht Yard.  Greenport Harbor,   631-477-9594; VHF   Year-round however  8.................  Free for self
                                                       Greenport.          9.                  they do                                 service; $5.00
                                                                                               winterize. If                           for assistance
                                                                                               requested, can                          from attendant.
                                                                                               run the pumpout
                                                                                               in winter
                                                                                               conditions. 7
                                                                                               days/week, 24
                                                                                               hours.

[[Page 55673]]

 
60..............................  Brewer Yacht Yard.  Greenport Harbor,   631-477-0828; VHF   5 days/week, year-  7-8...............  N/A.
                                                       Greenport.          9.                  round; Mon-Fri
                                                                                               7:30 a.m.-4 p.m.;
                                                                                               Sat in off season
                                                                                               8-12; Sat in
                                                                                               season 7:30 a.m.-
                                                                                               7 p.m.
61..............................  Brick Cove Marina.  Southold Harbor,    631-477-0830......  Mar-Dec; Mon-Fri,   6.................  Yes, for non-
                                                       Southold.                               7 a.m.-4 p.m.;                          marina customers.
                                                                                               Sat 9 a.m.-5
                                                                                               p.m.; Sun 1:30
                                                                                               p.m.-4 p.m.
62..............................  Goldsmith's Boat    Southold Bay,       631-765-1600......  Year round; 7 days/ 6.................  N/A.
                                   Shop.               Southold.                               week (closed Sun
                                                                                               in Jan & Feb);
                                                                                               8:30 a.m.-4:30
                                                                                               p.m. (Sun 9 a.m.-
                                                                                               4:30 p.m.).
63..............................  Mt. Sinai Yacht     Mt. Sinai Harbor,   631-473-2993; VHF   May 15-Oct 1; May   20................  None for members;
                                   Club.               Mt. Sinai.          16.                 & June, open Fri,                       $15 for outside
                                                                                               Sat, & Sun; June                        boaters.
                                                                                               to Labor Day,
                                                                                               open 7 days/week;
                                                                                               9 a.m.-6 p.m.
64..............................  Mt. Sinai Marina..  Mt. Sinai Harbor,   631-928-0199; VHF   Marina: Mother's    6.................  Free.
                                                       Mt. Sinai.          9 & 73.             Day to 1st
                                                                                               weekend in Nov.
                                                                                               Pumpout boats:
                                                                                               May to Mid-Sept
                                                                                               (8 a.m.-6 p.m.).
65..............................  Old Man's Boatyard  Mt. Sinai Harbor,   631-473-7330......  Apr 15-Oct 15; Mon- 8.................  $50 for pumpout.
                                                       St. James.                              Fri; 8 a.m.-4 p.m.
66..............................  Danford's Marina..  Port Jefferson      631-928-5200; VHF   May 1-Oct 31; 7     3-10..............  Free.
                                                       Harbor, Port        9.                  days/week; 7 a.m.-
                                                       Jefferson.                              9 p.m.
67..............................  Knutson West        Huntington Harbor,  631-549-7842......  N/A...............  N/A...............  N/A.
                                   Marina.             Huntington.
68..............................  Seymour's Boatyard  Northport Harbor,   631-261-6574......  Apr 15-Oct 31; 7    7.................  N/A.
                                                       Northport.                              days/week; hours
                                                                                               vary.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the above, EPA hereby makes a final affirmative 
determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are available for the 
New York State areas of the Long Island Sound.

    Dated: August 15, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-22997 Filed 9-7-11; 8:45 am]
BILLING CODE 6560-50-P
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