New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination, 61696-61699 [2011-25758]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 61696 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be available to the public only at the EPA Docket Center. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Office of Environmental Information Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Office of Environmental Information Docket is (202) 566–1752. FOR FURTHER INFORMATION CONTACT: Carolyn Scully, Gulf Coast Ecosystem Restoration Task Force, Mail Code 1101R, Environmental Protection VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 Agency, 1300 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 566–1457; e-mail address: scully.carolyn@epa.gov. SUPPLEMENTARY INFORMATION: What should I consider as I prepare my feedback for the Gulf Coast Ecosystem Restoration Task Force? Tips for Preparing Your Feedback. When preparing your feedback, you may find the following suggestions helpful: • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified under DATES. Dated: September 26, 2011. John H. Hankinson, Jr., Executive Director, Gulf Coast Ecosystem Restoration Task Force. Dated: September 26, 2011. John E. Reeder, Deputy Chief of Staff to the Administrator, U.S. Environmental Protection Agency. [FR Doc. 2011–25769 Filed 10–4–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9475–3] Meeting of the Local Government Advisory Committee Environmental Protection Agency. ACTION: Notice. AGENCY: The Local Government Advisory Committee’s Gulf Coast Restoration Workgroup will meet on Thursday, October 13, 2011, in New Orleans, LA. The Workgroup meeting will be located at the Sheraton Hotel, 500 Canal Street, New Orleans, Louisiana 70130. The focus of the Gulf Coast Restoration Workgroup meeting is to engage local government officials in Gulf Coast Ecosystem restoration efforts and provide an opportunity for input to the full Committee as it develops recommendations for the Administrator in her role as Chair of the Gulf Coast Ecosystem Restoration Task Force. This is an open meeting and all interested persons are invited to attend. The Committee will hear comments from the public between 11:30 a.m.–12:15 p.m. on Thursday, October 13, 2011. Individuals or organizations wishing to address the Workgroup meeting will be allowed a maximum of five minutes to present their point of view. Also, written comments should be submitted electronically to cook.rebecca@epa.gov. Please contact the Designated Federal Officer (DFO) at the number listed below to schedule agenda time. Time will be allotted on a first come first serve basis, and the total period for comments may be extended if the number of requests for appearances requires it. ADDRESSES: The LGAC Gulf Coast Restoration Workgroup meeting will be held at the Sheraton Hotel, located at 500 Canal Street, New Orleans, Louisiana. The Workgroup’s meeting summary will be available after the meeting online at https://www.epa.gov/ ocir/scas and can be obtained by written request to the DFO. FOR FURTHER INFORMATION CONTACT: Rebecca Cook, Gulf Coast Restoration Workgroup at (202) 564–5340 or Fran Eargle, the Designated Federal Officer for the Local Government Advisory Committee (LGAC) at (202) 564–3115 or e-mail at Eargle.frances@epa.gov. Information on Services for Those With Disabilities: For Information on access or services for individuals with disabilities, please contact Frances Eargle at (202) 564–3115 or eargle. frances@epa.gov. To request accommodation of a disability, please request it 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: September 28, 2011. Frances Eargle, Designated Federal Officer, Local Government Advisory Committee. [FR Doc. 2011–25764 Filed 10–4–11; 8:45 am] BILLING CODE 6560–50–P SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [FRL–9475–8] New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination Environmental Protection Agency (EPA). ACTION: Notice—Receipt of Petition and Tentative Affirmative 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 SUMMARY: E:\FR\FM\05OCN1.SGM 05OCN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices of New York has determined that the protection and enhancement of the quality of the New York State portions of Lake Ontario 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 (NYS or State) has proposed to establish a Vessel Waste No Discharge Zone (NDZ) for the New York State portion of Lake Ontario including the waters of the Lake within the New York State boundary, stretching from the Niagara River (including the Niagara River up to Niagara Falls) in the west, to Tibbetts Point at the Lake’s outlet to the Saint Lawrence River in the east. The proposed No Discharge Zone encompasses approximately 3,675 square miles and 326 linear shoreline miles, including the navigable portions of the Lower Genesee, Oswego, Black Rivers and numerous other tributaries and harbors, embayments of the Lake including Irondequoit Bay, Sodus Bay, North/South Ponds, Henderson Bay, Black River Bay and Chautmont Bay, and abundance of formally designated habitats and waterways of local, state, and national significance. DATES: Comments regarding this tentative determination are due by November 4, 2011. ADDRESSES: You may submit comments by any of the following methods: • E-mail: chang.moses@epa.gov. Include ‘‘Comments on Tentative Affirmative Decision for NYS Lake Ontario NDZ’’ in the subject line of the message. • Fax: 212–637–3891 • Mail and Hand Delivery/Courier: Moses Chang, U.S. EPA Region 2, 290 Broadway, 24th Floor, New York, NY 10007–1866. Deliveries are only accepted during the Regional Office’s normal hours of operation (8 a.m. to 5 p.m., Monday through Friday, excluding Federal holidays), and special arrangements should be made for deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637–3867, e-mail address: chang.moses@epa.gov. The EPA Region 2 NDZ Web site is: https:// www.epa.gov/region02/water/ndz/ index.html. A copy of the State’s NDZ petition can be found there. VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 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 NYS portion of Lake Ontario. Adequate pumpout facilities are defined as one pumpout station for every 300— 600 boats pursuant to the Clean Vessel Act: Pumpout Station and Dump Station Technical Guidelines (Federal Register, Vol. 59, No. 47, March 10, 1994). As one of the nation’s premier waterbodies, the open waters, harbors, embayments, creeks and wetlands of Lake Ontario support a remarkable diversity of uses—fish spawning areas, breeding grounds, valuable habitats, commercial and recreational boating, and a profusion of recreational resources. The Lake serves as an economic engine for the region and a place of great natural beauty, heavily used and enjoyed by the citizens of the many lakeshore communities and throughout the Lake Ontario Watershed, which encompasses about one-quarter of New York State. It is also a source of drinking water for 760,000 people. The New York State Department of Environmental Conservation (DEC) developed this petition in collaboration with New York State Department of State (DOS) and the New York State Environmental Facilities Corporation (EFC) in order to establish a vessel waste No Discharge Zone (NDZ) on the open waters, tributaries, harbors and embayments New York State’s portion of Lake Ontario. In 1987, the governments of Canada and the United States made a commitment, under the Great Lakes Water Quality Agreement (GLWQA), to develop a Lakewide Management Plan (LaMP) for each of the five Great Lakes. This commitment was adopted into Federal law as part of the 1987 amendments to the U.S. Federal Water Pollution Control Act (33 U.S.C. 1268). The Lake Ontario LaMP is a binational, cooperative effort to restore and protect the health of Lake Ontario by reducing chemical pollutants entering the lake and addressing the needs of fish and wildlife living in the watershed. Virtually all of the waters of Lake Ontario are classified by New York State as Class A. As such, the best usages of these waters are as ‘‘a source of water supply for drinking, food processing purposes; primary and secondary contact recreation; and fishing.’’ SUPPLEMENTARY INFORMATION: PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 61697 Furthermore, this classification states that such waters, if subjected to treatment typical of and appropriate for water supply use, will meet New York State Department of Health (DOH) drinking water standards and are or will be considered safe and satisfactory for drinking water purposes. Currently there are ten municipal water supplies that draw water from Lake Ontario, serving over 760,000 people in New York State. But the Lake’s significance as a water supply goes beyond its current use. As part of the Great Lakes System, Lake Ontario is one component of a reservoir that contains 95 percent of the fresh surface water in the United States and is the largest single reservoir on earth. As such, the importance of protecting this water source cannot be overstated. The Clean Vessel Act requires that one pumpout station be available for every 300—600 boats in order to support a No Discharge Zone Determination. Accordingly, 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 portion of Lake Ontario, the State must demonstrate that the pumpout-tovessel ratio meets the requirement. In its petition, the State described the recreational and commercial vessels that use Lake Ontario, and the pumpout facilities that are available for their use. Based on recreational boater registrations obtained through the New York State Office of Parks, Recreation and Historic Preservation’s 2009 Boating Report for the counties of Niagara, Orleans, Monroe, Wayne, Cayuga, Oswego and Jefferson (all of which have shoreline on Lake Ontario), a general estimate places the recreational vessel population at 10,050. There are 28 pumpout facilities funded by the Clean Vessel Assistance Program (CVAP) in the relevant areas of the Lake. There are also 9 other (nonCVAP funded) pumpouts available for recreational and small commercial vessels for a total 37 facilities. These facilities either discharge to a holding tank, to a municipal wastewater treatment plant or to an on-site septic system. With 37 pumpouts available for the 10,050 recreational and small commercial vessels that use the lake, the pumpout-to-vessel ratio for those vessels is 1:272 (37:10,050). Because 7 of the nine non-CVAP funded pumpout facilities did not provide sufficient facility information in this petition we also evaluated the vessel to pumpout ratio using a more conservative total of 30 pumpout facilities for 10,050 boats yielding a 1:335 pumpout per vessel E:\FR\FM\05OCN1.SGM 05OCN1 61698 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices ratio. (Note: These are the 30 pumpout facilities identified in the table below.) Based on NYS 2009 boater registrations, the pumpout facility ratios for each individual county are as follows: Orleans (1:138), Jefferson (1:193), Niagara (1:223), Oswego (1:231), Wayne (1:234), Cayuga (1:252), and Monroe (1:449). Therefore, adequate pumpout facilities for the safe and sanitary removal and treatment of sewage for recreational vessels are reasonably available for the New York portions of the lake as a whole and for each county on the lake along the Lake Ontario shore line. In addition, Lake Ontario is used by commercial vessels. Commercial vessel populations were estimated using data from the National Ballast Information Clearinghouse (NBIC), which records ballast water discharge reports for arriving ships, and interviews with administrators involved with the two main commercial ports on Lake Ontario, Oswego and Rochester. In the calendar year 2010, ballast manifests showed 73 vessel arrivals at the Port of Oswego, 43 of these ships were bulkers carrying a wide array of goods, such as petroleum, aluminum and salt. The other 30 ships consist of passenger ships, tugs and barges. During 2010 survey, ballast manifests showed 24 commercial vessels arriving at the Port of Rochester, one passenger ship and 23 bulkers. As with the Port of Oswego, all other commercial vessels in the Port of Rochester are transient. Summing these sources, an upper bound estimate of commercial boat traffic in Lake Ontario using New York ports is approximately 150 vessels a year, less than one every other day. Although there are no fixed commercial vessel pumpouts at the Ports of Oswego or Rochester, mobile pumpout services are available for hire. The Port of Rochester reported that ‘‘honey dipper’’ trucks have come in to pumpout commercial vessels on occasion while they are docked in the Port. The Port of Rochester supplies all commercial vessels with the names of pumpout trucks (as well as other services, such as solid waste handlers) at the time they receive their permits to dock at the terminal. Therefore, it appears that there are adequate pumpout facilities to serve the commercial vessels in Lake Ontario. Based on the above information which supports that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Lake Ontario, the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. A list of the pumpout facilities, phone numbers, locations, hours of operation, water depth and fee is provided as follows: LIST OF PUMPOUTS IN THE LAKE ONTARIO NDZ PROPOSED AREA Number Name Location Contact information Days and hours of operation 1 .......... Youngstown Yacht Club Lower Niagara River ...... 716–754–8245 9′–12′ $5.00 2 .......... NYSOPRSHP–WilsonTuscarora SP Marina. Tuscarora Yacht Club .... Rochester Yacht Club .... Tuscarora Bay ................ 716–278–1775 Apr–Nov, Mon–Fri, 9 a.m.–5 p.m.. 24 hours ......................... 5′ $5.00 Tuscarora Bay ................ Genesee River/Lake Ontario. Genesee River—Canal North to 490 Dam. Irondequoit Bay .............. 716–434–4475 585–342–5511/ 585–314–6460 716–428–7045 9 a.m.–5 p.m. ................. Mon–Sun, 7 a.m.–10p.m. 7′ 9′ $5.00 Jan–Dec, 24 hours ......... 4′–6′ 0.00 716–428–5301 Apr–Oct, 7 a.m.–7 p.m. .. 8′ $5.00 Oak Orchard Creek ........ 585–682–4224 6 a.m.–7 p.m. ................. 10′ $5.00 Oak Orchard Creek ........ Braddock Bay ................. Irondequoit Bay .............. Irondequoit Bay .............. 585–723–5708 585–227–1579 585–544–4950 716–217–8811 8′–9′ 2′ 6′ 7′ $5.00 $8.00 $10.00 $5.00 Pultneyville ..................... Pultneyville ..................... Sodus Bay ...................... Sodus Bay ...................... Little Sodus Bay ............. 315–524–2762 315–483–9550 315–483–8808 315–483–9111 315–947–5331 8 a.m.–5 p.m. ................. 10 a.m.–4 p.m. ............... Mar–Dec, 9 a.m.–6 p.m. Apr–Nov, Mon–Fri, 6:30 a.m.–5:00 p.m.. Apr–Sep, 24 hours ......... Apr–Sep, 24 hours ......... Apr–Nov, 8 a.m.–5 p.m. Apr–Oct, 9 a.m.–5 p.m. .. Apr–Sep, 6 a.m.–6 p.m. 6′ 6′ 3′–6′ 7′ 8′–10′ $5.00 $5.00 0.00 $5.00 $5.00 Little Sodus Bay ............. (Erie) Oneida Shore Park Terminal—Three Rivers Port Terminal. Three Rivers Point Terminal—Lock 8 (Wright’s Landing). Mexico Bay—Little Salmon River. North Pond ..................... North Pond ..................... Henderson Bay and Harbor. Henderson Bay and Harbor. Henderson Bay and Harbor. 315–947–5773 315–343–4503 Apr–Oct, 24 hours .......... Apr–Nov, 7 a.m.–9 p.m. 8′ 15′ $5.00 $5.00 315–343–4503 Apr–Nov, 7 a.m.–9 p.m. 18′ $5.00 315–963–3221 Daylight hours ................ ........................ $0.00 315–387–3001 315–387–5502 315–938–5425 8′ 8′ 4.5′ $0.00 $5.00 $5.00 315–938–5313 12 p.m.–4 p.m. ............... May–Nov, 9 a.m.–5 p.m. Apr–Nov, 8 a.m.–4:30 p.m.. Apr–Oct, 7 a.m.–8 p.m. .. 8′ $10.00 315–938–5494 May–Oct, 8 a.m.–5 p.m. ........................ $0.00 3 .......... 4 .......... 5 .......... 6 .......... 7 .......... 8 .......... 9 .......... 10 ........ 11 ........ 12 13 14 15 16 ........ ........ ........ ........ ........ 17 ........ 18 ........ City of Rochester—River Street Waterfront. County of Monroe— Irondequoit Bay NYS Marine. Four C’S Marina at Oak Orchard Creek. Eagle Creek Marina ....... Braddock Marina ............ Newport Marina, Inc. ...... Sutter’s Marine, Inc. ....... Pultneyville Yacht Club .. Sodus Bay Yacht Club ... Krenzer Marine, Inc. ....... Arney’s Marina, Inc. ....... Anchor Resort and Marina. Bayside Marina .............. Port of Oswego—International Marina West. Port of Oswego—East Marina. 20 ........ mstockstill on DSK4VPTVN1PROD with NOTICES 19 ........ Mexico Bay Co. .............. 21 ........ 22 ........ 23 ........ Wigwam Marina ............. Seber Shores Marina ..... Harbor’s End, Inc. .......... 24 ........ Henchen Marina ............. 25 ........ Harbor View Marina, Inc. VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\05OCN1.SGM 05OCN1 Water depth (feet) Fee 1 61699 Federal Register / Vol. 76, No. 193 / Wednesday, October 5, 2011 / Notices LIST OF PUMPOUTS IN THE LAKE ONTARIO NDZ PROPOSED AREA—Continued Number Name Location Contact information Days and hours of operation Water depth (feet) 26 ........ 27 ........ 28 ........ Grunerts Marina ............. Navy Point Marina .......... Madison Barracks .......... Black River Bay .............. Black River Bay .............. Black River Bay .............. 315–646–2003 315–646–3364 315–646–3374 ........................ 10′ 10′ $0.00 $0.00 $0.00 29 ........ 30 ........ Kitto’s Marina ................. Chaumont Club .............. Chaumont Bay ............... Black River Bay .............. 315–788–2191 315–649–5018 ......................................... May–Nov, 8 a.m.–5 p.m. May 15–Oct 15, 8 a.m.– 6 p.m.. Apr–Oct, 8 a.m.–7 p.m. .. Apr 15 –Nov, 7 a.m.–5 p.m.. 7′ 6.5′–7′ $0.00 $0.00 Fee 1 Free—Members/$10.00—Guest. Based on the information above, EPA hereby proposes to make an affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are available for the waters of the New York State portion of Lake Ontario. A 30-day period for public comment has been opened on this matter, and EPA invites any comments relevant to its proposed determination. Dated: September 27, 2011. Judith A. Enck, Regional Administrator, Region 2. [FR Doc. 2011–25758 Filed 10–4–11; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Information Collections Being Reviewed by the Federal Communications Commission Under Delegated Authority Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burdens, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection, as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:11 Oct 04, 2011 Jkt 226001 and (e) ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number. DATES: Written PRA comments should be submitted on or before December 5, 2011. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to the Federal Communications Commission via e-mail to PRA@fcc.gov and Cathy.Williams@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information about the information collection, contact Cathy Williams at (202) 418–2918. SUPPLEMENTARY INFORMATION: OMB Control No.: 3060–1014. Title: Ku-band NGSO FSS. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit. Number of Respondents: 1 respondent; 1 response. Estimated Time per Response: 2 hours. Frequency of Response: Annual reporting requirement. Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in Sections 4, 301, 302, 303, 307, 309, and 332 of the Communications Act of 1934, as amended, 47 U.S.C. 154, 302, 303, 307, 309, 332, and 701. Total Annual Burden: 2 hours. Annual Cost Burden: None. Privacy Act Impact Assessment: No impact(s). PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 Nature and Extent of Confidentiality: In general, there is no need for confidentiality with this collection of information. Needs and Uses: This collection will be submitted to the Office of Management and Budget (OMB) as an extension after this 60 day comment period has ended in order to obtain the full three year OMB clearance. The information collection requirements (annual filings by licensees of reports on the status of their space station construction and launch) accounted for in this collection are necessary to ensure that prospective licensees in the Non-geostationary (NGSO) Fixed Satellite Service (FSS) follow their service rules. Without such information collection requirements, many existing radio services, both satellite and terrestrial, could potentially be interrupted by interference caused by NGSO FSS systems on the same frequencies. OMB Control No.: 3060–1095. Title: Surrenders of Authorizations for International Carrier, Space Station and Earth Station Licensees. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit. Number of Respondents: 82 respondents; 82 responses. Estimated Time per Response: 1 hour. Frequency of Response: On occasion reporting requirement. Obligation To Respond: Voluntary. The statutory authority for this information collection is contained in Sections 4(i), 7(a), 11, 303(c), 303(f), 303(g), and 303(r) of the Communications Act of 1934, as amended; 47 U.S.C. 154(i), 157(a), 161, 303(c), 303(f), 303(g), and 303(r). Total Annual Burden: 82 hours. Annual Cost Burden: None. Privacy Act Impact Assessment: No impact(s). Nature and Extent of Confidentiality: In general, there is no need for confidentiality. E:\FR\FM\05OCN1.SGM 05OCN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61696-61699]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25758]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9475-8]

New York State Prohibition of Discharges of Vessel Sewage;
Receipt of Petition and Tentative Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice--Receipt of Petition and Tentative Affirmative
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

[[Page 61697]]

of New York has determined that the protection and enhancement of the
quality of the New York State portions of Lake Ontario 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 (NYS or State) has proposed to establish a Vessel
Waste No Discharge Zone (NDZ) for the New York State portion of Lake
Ontario including the waters of the Lake within the New York State
boundary, stretching from the Niagara River (including the Niagara
River up to Niagara Falls) in the west, to Tibbetts Point at the Lake's
outlet to the Saint Lawrence River in the east. The proposed No
Discharge Zone encompasses approximately 3,675 square miles and 326
linear shoreline miles, including the navigable portions of the Lower
Genesee, Oswego, Black Rivers and numerous other tributaries and
harbors, embayments of the Lake including Irondequoit Bay, Sodus Bay,
North/South Ponds, Henderson Bay, Black River Bay and Chautmont Bay,
and abundance of formally designated habitats and waterways of local,
state, and national significance.

DATES: Comments regarding this tentative determination are due by
November 4, 2011.

ADDRESSES: You may submit comments by any of the following methods:
E-mail: chang.moses@epa.gov. Include ``Comments on
Tentative Affirmative Decision for NYS Lake Ontario NDZ'' in the
subject line of the message.
Fax: 212-637-3891
Mail and Hand Delivery/Courier: Moses Chang, U.S. EPA
Region 2, 290 Broadway, 24th Floor, New York, NY 10007-1866. Deliveries
are only accepted during the Regional Office's normal hours of
operation (8 a.m. to 5 p.m., Monday through Friday, excluding Federal
holidays), and special arrangements should be made for deliveries of
boxed information.

FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, e-mail
address: chang.moses@epa.gov. The EPA Region 2 NDZ Web site is: https://www.epa.gov/region02/water/ndz/. A copy of the State's NDZ
petition can be found there.

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
NYS portion of Lake Ontario. Adequate pumpout facilities are defined as
one pumpout station for every 300--600 boats pursuant to the Clean
Vessel Act: Pumpout Station and Dump Station Technical Guidelines
(Federal Register, Vol. 59, No. 47, March 10, 1994).
As one of the nation's premier waterbodies, the open waters,
harbors, embayments, creeks and wetlands of Lake Ontario support a
remarkable diversity of uses--fish spawning areas, breeding grounds,
valuable habitats, commercial and recreational boating, and a profusion
of recreational resources. The Lake serves as an economic engine for
the region and a place of great natural beauty, heavily used and
enjoyed by the citizens of the many lakeshore communities and
throughout the Lake Ontario Watershed, which encompasses about one-
quarter of New York State. It is also a source of drinking water for
760,000 people. The New York State Department of Environmental
Conservation (DEC) developed this petition in collaboration with New
York State Department of State (DOS) and the New York State
Environmental Facilities Corporation (EFC) in order to establish a
vessel waste No Discharge Zone (NDZ) on the open waters, tributaries,
harbors and embayments New York State's portion of Lake Ontario.
In 1987, the governments of Canada and the United States made a
commitment, under the Great Lakes Water Quality Agreement (GLWQA), to
develop a Lakewide Management Plan (LaMP) for each of the five Great
Lakes. This commitment was adopted into Federal law as part of the 1987
amendments to the U.S. Federal Water Pollution Control Act (33 U.S.C.
1268). The Lake Ontario LaMP is a binational, cooperative effort to
restore and protect the health of Lake Ontario by reducing chemical
pollutants entering the lake and addressing the needs of fish and
wildlife living in the watershed.
Virtually all of the waters of Lake Ontario are classified by New
York State as Class A. As such, the best usages of these waters are as
``a source of water supply for drinking, food processing purposes;
primary and secondary contact recreation; and fishing.'' Furthermore,
this classification states that such waters, if subjected to treatment
typical of and appropriate for water supply use, will meet New York
State Department of Health (DOH) drinking water standards and are or
will be considered safe and satisfactory for drinking water purposes.
Currently there are ten municipal water supplies that draw water
from Lake Ontario, serving over 760,000 people in New York State. But
the Lake's significance as a water supply goes beyond its current use.
As part of the Great Lakes System, Lake Ontario is one component of a
reservoir that contains 95 percent of the fresh surface water in the
United States and is the largest single reservoir on earth. As such,
the importance of protecting this water source cannot be overstated.
The Clean Vessel Act requires that one pumpout station be available
for every 300--600 boats in order to support a No Discharge Zone
Determination. Accordingly, 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
portion of Lake Ontario, the State must demonstrate that the pumpout-
to-vessel ratio meets the requirement. In its petition, the State
described the recreational and commercial vessels that use Lake
Ontario, and the pumpout facilities that are available for their use.
Based on recreational boater registrations obtained through the New
York State Office of Parks, Recreation and Historic Preservation's 2009
Boating Report for the counties of Niagara, Orleans, Monroe, Wayne,
Cayuga, Oswego and Jefferson (all of which have shoreline on Lake
Ontario), a general estimate places the recreational vessel population
at 10,050.
There are 28 pumpout facilities funded by the Clean Vessel
Assistance Program (CVAP) in the relevant areas of the Lake. There are
also 9 other (non-CVAP funded) pumpouts available for recreational and
small commercial vessels for a total 37 facilities. These facilities
either discharge to a holding tank, to a municipal wastewater treatment
plant or to an on-site septic system. With 37 pumpouts available for
the 10,050 recreational and small commercial vessels that use the lake,
the pumpout-to-vessel ratio for those vessels is 1:272 (37:10,050).
Because 7 of the nine non-CVAP funded pumpout facilities did not
provide sufficient facility information in this petition we also
evaluated the vessel to pumpout ratio using a more conservative total
of 30 pumpout facilities for 10,050 boats yielding a 1:335 pumpout per
vessel

[[Page 61698]]

ratio. (Note: These are the 30 pumpout facilities identified in the
table below.) Based on NYS 2009 boater registrations, the pumpout
facility ratios for each individual county are as follows: Orleans
(1:138), Jefferson (1:193), Niagara (1:223), Oswego (1:231), Wayne
(1:234), Cayuga (1:252), and Monroe (1:449). Therefore, adequate
pumpout facilities for the safe and sanitary removal and treatment of
sewage for recreational vessels are reasonably available for the New
York portions of the lake as a whole and for each county on the lake
along the Lake Ontario shore line.
In addition, Lake Ontario is used by commercial vessels. Commercial
vessel populations were estimated using data from the National Ballast
Information Clearinghouse (NBIC), which records ballast water discharge
reports for arriving ships, and interviews with administrators involved
with the two main commercial ports on Lake Ontario, Oswego and
Rochester.
In the calendar year 2010, ballast manifests showed 73 vessel
arrivals at the Port of Oswego, 43 of these ships were bulkers carrying
a wide array of goods, such as petroleum, aluminum and salt. The other
30 ships consist of passenger ships, tugs and barges. During 2010
survey, ballast manifests showed 24 commercial vessels arriving at the
Port of Rochester, one passenger ship and 23 bulkers. As with the Port
of Oswego, all other commercial vessels in the Port of Rochester are
transient. Summing these sources, an upper bound estimate of commercial
boat traffic in Lake Ontario using New York ports is approximately 150
vessels a year, less than one every other day. Although there are no
fixed commercial vessel pumpouts at the Ports of Oswego or Rochester,
mobile pumpout services are available for hire. The Port of Rochester
reported that ``honey dipper'' trucks have come in to pumpout
commercial vessels on occasion while they are docked in the Port. The
Port of Rochester supplies all commercial vessels with the names of
pumpout trucks (as well as other services, such as solid waste
handlers) at the time they receive their permits to dock at the
terminal. Therefore, it appears that there are adequate pumpout
facilities to serve the commercial vessels in Lake Ontario.
Based on the above information which supports that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for the Lake Ontario, the
State may completely prohibit the discharge from all vessels of any
sewage, whether treated or not, into such waters.
A list of the pumpout facilities, phone numbers, locations, hours
of operation, water depth and fee is provided as follows:

List of Pumpouts in the Lake Ontario NDZ Proposed Area
----------------------------------------------------------------------------------------------------------------
Contact Days and hours Water depth
Number Name Location information of operation (feet) Fee
----------------------------------------------------------------------------------------------------------------
1.......... Youngstown Yacht Lower Niagara 716-754-8245 Apr-Nov, Mon- 9'-12' $5.00
Club. River. Fri, 9 a.m.-5
p.m..
2.......... NYSOPRSHP-Wilson- Tuscarora Bay.. 716-278-1775 24 hours....... 5' $5.00
Tuscarora SP
Marina.
3.......... Tuscarora Yacht Tuscarora Bay.. 716-434-4475 9 a.m.-5 p.m... 7' $5.00
Club.
4.......... Rochester Yacht Genesee River/ 585-342-5511/ Mon-Sun, 7 a.m.- 9' \1\
Club. Lake Ontario. 585-314-6460 10p.m..
5.......... City of Genesee River-- 716-428-7045 Jan-Dec, 24 4'-6' 0.00
Rochester--Rive Canal North to hours.
r Street 490 Dam.
Waterfront.
6.......... County of Irondequoit Bay 716-428-5301 Apr-Oct, 7 a.m.- 8' $5.00
Monroe--Irondeq 7 p.m..
uoit Bay NYS
Marine.
7.......... Four C'S Marina Oak Orchard 585-682-4224 6 a.m.-7 p.m... 10' $5.00
at Oak Orchard Creek.
Creek.
8.......... Eagle Creek Oak Orchard 585-723-5708 8 a.m.-5 p.m... 8'-9' $5.00
Marina. Creek.
9.......... Braddock Marina. Braddock Bay... 585-227-1579 10 a.m.-4 p.m.. 2' $8.00
10......... Newport Marina, Irondequoit Bay 585-544-4950 Mar-Dec, 9 a.m.- 6' $10.00
Inc.. 6 p.m..
11......... Sutter's Marine, Irondequoit Bay 716-217-8811 Apr-Nov, Mon- 7' $5.00
Inc.. Fri, 6:30 a.m.-
5:00 p.m..
12......... Pultneyville Pultneyville... 315-524-2762 Apr-Sep, 24 6' $5.00
Yacht Club. hours.
13......... Sodus Bay Yacht Pultneyville... 315-483-9550 Apr-Sep, 24 6' $5.00
Club. hours.
14......... Krenzer Marine, Sodus Bay...... 315-483-8808 Apr-Nov, 8 a.m.- 3'-6' 0.00
Inc.. 5 p.m..
15......... Arney's Marina, Sodus Bay...... 315-483-9111 Apr-Oct, 9 a.m.- 7' $5.00
Inc.. 5 p.m..
16......... Anchor Resort Little Sodus 315-947-5331 Apr-Sep, 6 a.m.- 8'-10' $5.00
and Marina. Bay. 6 p.m..
17......... Bayside Marina.. Little Sodus 315-947-5773 Apr-Oct, 24 8' $5.00
Bay. hours.
18......... Port of Oswego-- (Erie) Oneida 315-343-4503 Apr-Nov, 7 a.m.- 15' $5.00
International Shore Park 9 p.m..
Marina West. Terminal--Thre
e Rivers Port
Terminal.
19......... Port of Oswego-- Three Rivers 315-343-4503 Apr-Nov, 7 a.m.- 18' $5.00
East Marina. Point 9 p.m..
Terminal--Lock
8 (Wright's
Landing).
20......... Mexico Bay Co... Mexico Bay-- 315-963-3221 Daylight hours. .............. $0.00
Little Salmon
River.
21......... Wigwam Marina... North Pond..... 315-387-3001 12 p.m.-4 p.m.. 8' $0.00
22......... Seber Shores North Pond..... 315-387-5502 May-Nov, 9 a.m.- 8' $5.00
Marina. 5 p.m..
23......... Harbor's End, Henderson Bay 315-938-5425 Apr-Nov, 8 a.m.- 4.5' $5.00
Inc.. and Harbor. 4:30 p.m..
24......... Henchen Marina.. Henderson Bay 315-938-5313 Apr-Oct, 7 a.m.- 8' $10.00
and Harbor. 8 p.m..
25......... Harbor View Henderson Bay 315-938-5494 May-Oct, 8 a.m.- .............. $0.00
Marina, Inc.. and Harbor. 5 p.m..

[[Page 61699]]

26......... Grunerts Marina. Black River Bay 315-646-2003 ............... .............. $0.00
27......... Navy Point Black River Bay 315-646-3364 May-Nov, 8 a.m.- 10' $0.00
Marina. 5 p.m..
28......... Madison Barracks Black River Bay 315-646-3374 May 15-Oct 15, 10' $0.00
8 a.m.-6 p.m..
29......... Kitto's Marina.. Chaumont Bay... 315-788-2191 Apr-Oct, 8 a.m.- 7' $0.00
7 p.m..
30......... Chaumont Club... Black River Bay 315-649-5018 Apr 15 -Nov, 7 6.5'-7' $0.00
a.m.-5 p.m..
----------------------------------------------------------------------------------------------------------------
\1\ Free--Members/$10.00--Guest.

Based on the information above, EPA hereby proposes to make an
affirmative determination that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are available
for the waters of the New York State portion of Lake Ontario. A 30-day
period for public comment has been opened on this matter, and EPA
invites any comments relevant to its proposed determination.

Dated: September 27, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-25758 Filed 10-4-11; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.