New York State Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination, 66927-66929 [2011-27990]
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Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
addition, as stated in the draft guidance,
the EPA is also currently drafting a
proposed rulemaking on specific
elements of the draft guidance
concerning the elements necessary for
the section 110(a)(1) maintenance plan
submittal. Since these two documents
are linked in terms of issues involved,
the EPA will be taking into
consideration the comments that will be
received on the draft guidance in
making decisions concerning each
document.
The draft of the guidance document is
available online at https://www.epa.gov/
airquality/sulfurdioxide/implement.
html or within the associated docket,
EPA–HQ–OAR–2010–1059.
Dated: October 25, 2011.
Mary Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2011–27964 Filed 10–27–11; 8:45 am]
BILLING CODE 6560–50–P
discussion on the use of electronic
medical records for asthma screening,
presentation and discussion on the IOM
Sustainability Report and a panel on
natural gas extraction. The final agenda
will be posted at https://www.epa.gov/
children.
Access: For information on access or
services for individuals with
disabilities, please contact Martha
Berger at (202) 564–2191 or
berger.martha@epa.gov.
Dated: October 7, 2011.
Martha Berger,
Designated Federal Official.
[FR Doc. 2011–27984 Filed 10–27–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9484–7]
New York State Prohibition of
Discharges of Vessel Sewage; Final
Affirmative Determination
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9484–1]
Environmental Protection
Agency (EPA).
ACTION: Notice of determination.
Notice of Meeting of the EPA’s
Children’s Health Protection Advisory
Committee (CHPAC)
SUMMARY:
AGENCY:
Environmental Protection
Agency (EPA).
ACTION: Notice of meeting.
AGENCY:
Pursuant to the provisions of
the Federal Advisory Committee Act,
Public Law 92–463, notice is hereby
given that the next meeting of the
Children’s Health Protection Advisory
Committee (CHPAC) will be held
November 16 and 17 at 2660 Woodley
Road NW., Washington, DC 20008. The
CHPAC advises the Environmental
Protection Agency on science,
regulations, and other issues relating to
children’s environmental health.
DATES: The CHPAC will meet from
9 a.m. to 5:30 p.m. on November 16 and
from 8:30 a.m. to Noon on November 17,
2011.
ADDRESSES: 2660 Woodley Road NW.,
Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT:
Martha Berger, Office of Children’s
Health Protection, USEPA, MC 1107T,
1200 Pennsylvania Avenue NW.,
Washington, DC 20460, (202) 564–2191,
berger.martha@epa.gov.
SUPPLEMENTARY INFORMATION: The
meetings of the CHPAC are open to the
public. Preliminary agenda includes
finalization of two letters of advice to
the Administrator, update on school
guidance documents, presentation and
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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 Jamaica Bay (the Bay) in the
New York City metropolitan area
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.
The New York State Department of
Conservation (NYSDEC) on behalf of the
New York City Department of
Environmental Protection (NYCDEP)
has proposed to establish a Vessel Waste
No Discharge Zone (NDZ) for the Bay
that covers an area of approximately
20,000 acres (17,177 acres of open water
and 2,695 acres of upland islands and
salt marshes). It is bounded on the west
and northwest by Brooklyn, and on the
north and northeast by Queens. The
northeastern and southeastern corners
of the Bay are bordered by Nassau
County. The northern shore of the
Rockaway Peninsula, a part of Queens,
forms the southern boundary. The Bay
is connected to the Atlantic Ocean
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
66927
through the Rockaway Inlet and has a
tidal range of approximately 5 to 6 feet.
The 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 Bay.
EPA published a tentative affirmative
determination on August 3, 2011 in the
Federal Register. Public comments were
solicited for 30 days and the comment
period ended on September 2, 2011.
EPA received a total of twenty (25)
comments via letter and email. The
comment tally was twenty-three (23) in
favor of, and two (2) 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 August 3, 2011 (Volume 76 Issue
149) Federal Register document.
Response to Comments
1. Comment: Twenty-three
commenters including boaters,
paddlers, kayakers, non-governmental
organizations, and community
advocates expressed strong support for
EPA’s action to establish a vessel waste
no discharge zone for the Bay. Some
commenters pointed out that this action
will reduce pathogens and chemicals,
improve water quality and further
protect and restore the Bay.
EPA Response: EPA is in full
agreement that designating the Bay is an
important step to further protect this
valuable natural resource, water quality,
wetlands and habitats throughout the
entire the Bay area.
2. Comment: One commenter stated
that discharges from several small tugs
with the required Marine Sanitation
Devices (MSDs) are a relatively small
source of pollution compared to the
pollution caused by 1,200 to 1,500 of
recreational vessels that utilized the
Bay.
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 commercial vessel sewage is
comparable in quantity or impact to
other sources of pollution, or whether
banning such discharges is otherwise
unfair to commercial 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
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28OCN1
66928
Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
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substantial, concentrated amounts. EPA
agrees with the NYSDEC, which
certifies that the protection and
enhancement of the waters of the Bay
require greater environmental protection
than the applicable federal regulations.
Moreover, as noted above, the
prohibition of sewage discharges
pursuant to Clean Water Act Section
312(f)(3) applies to all vessels.
3. Comment: One commenter stated
that the pumpout facilities that serve
recreational vessels may not be
reasonably available to commercial
towboats and barges that service two oil
terminals and two sand and gravel
handling facilities located near Inwood
at the head of the Bay, because some of
those commercial vessels are too large to
dock where the recreational vessel
pumpout facilities are located. The
commenter also stated that the type II
flow-through MSD systems installed on
the majority of their tugs have no
storage capacity to retain effluent
onboard.
EPA Response: EPA and NYCDEP
gathered additional information about
the location and accessibility of
pumpout trucks in relation to
commercial vessels that service the oil
terminal and sand and gravel facilities.
Pumpout trucks are readily available for
hire and are able to reach commercial
vessels on commercial docks at the head
of the Bay. Therefore, commercial vessel
operators can make arrangements to hire
pumpout trucks and have their vessels
pumped out at the accessible
commercial docks. Alternatively, the
tugs and barges could discharge sewage
while at their home port(s). In order to
achieve the storage capacity needed to
hold sewage on board, a Type II MSD
can be converted to a Type III MSD,
commonly called a holding tank, which
can be equipped with the valve, usually
called a Y-valve, needed to discharge to
a pumpout truck.
FOR FURTHER INFORMATION CONTACT:
Moses Chang (212) 637–3867, email
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 open waters and tributaries of the
Bay, so that the State may completely
prohibit the discharge from all vessels of
any sewage, whether treated or not, into
such waters. 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 Bay is the largest estuarine water
body in the New York City metropolitan
area and one of the largest coastal
wetland ecosystems in New York State.
The open waters and tributaries within
the Bay provide important natural and
recreational resources for boating and
recreational activities that contribute
significantly to the local and regional
economy. In 2005, the Jamaica Bay
Watershed Protection Plan (JBWPP) was
put into motion by the City Council of
New York City under Local Law 71 (LL
71). The objective of LL 71 is to ensure
a holistic watershed approach toward
restoring and maintaining the water
quality and ecological integrity of the
Bay. The JBWPP recommends
management actions for protecting and
improving the health of the Bay, e.g.,
adoption of appropriate regulations to
mitigate the impacts of boat vessel waste
discharges.
The Bay is a component of the
National Park Service’s (NPS) Gateway
National Recreation Area (GNRA). A
significant portion of the Bay,
approximately 9,100 acres, has also
been designated by the NPS as the
Jamaica Bay Wildlife Refuge and is
designated by the New York State
Department of State (NYSDOS) as a
Significant Coastal Fish and Wildlife
Habitat. The diversity of bird species
and breeding habitats within the Bay
were important factors in these
designations. The Jamaica Bay Wildlife
Refuge was also the first site to be
designated by the National Audubon
Society as an ‘‘Important Bird Area.’’ It
is clear that the Bay is currently
functioning as a regional habitat for
many different species of wildlife. In
combination with other water quality
improvement initiatives, the NDZ
designation will further enhance the
recreational and ecological benefits of
the Bay, potentially attracting more
visitors to the Bay.
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 Bay, the State must demonstrate
that the pumpout-to-vessel ratio does
not exceed 1:600.
In its petition, the State described the
recreational vessels that use the Bay,
and the pumpout facilities that are
available for their use. Based on a
review of NYS Department of Motor
Vehicle boat registrations, site visits to
marinas and reviewing high resolution
orthoimagery of the Bay, NYCDEP has
determined that there are approximately
1,200 to 1,500 boats that utilize the Bay
throughout the boating season. This
number may include a significant
number of transient vessels and not only
boats that are permanently moored in
the Bay.
The Bay is primarily used for
recreational boating with very little
commercial traffic. The few commercial
vessels that do enter the Bay are
primarily sightseeing and fishing vessels
which, pursuant to New York City
regulations, must use private boat
pumpout services to unload sewage
within the Bay. Therefore, the boat
pumpouts provided by NYCDEP within
the Bay are utilized for recreational
vessels only.
There are four vessel pumpout
facilities available in the Bay. Three of
those are land-based pumpout facilities
operated by NYCDEP, and the fourth is
a 24-foot sewage pumpout vessel
operated by New York/New Jersey
Baykeeper, that serves vessels docked or
anchored throughout the Bay. All four
facilities provide the pumpout services
free of charge. Given that approximately
1,500 recreational vessels use the Bay,
the pumpout-to-vessel ratio for those
vessels is 1:375 (i.e., 4 facilities for
1,500 boats). Therefore, the pumpout
facilities in the Bay satisfy the Clean
Vessel Act criterion of 1 pumpout per
300–600 vessels.
A list of the facilities, phone numbers,
locations, hours of operation, water
depth and fee is provided as follows:
LIST OF PUMPOUTS IN THE BAY NDZ PROPOSED AREA AVAILABLE FOR RECREATIONAL VESSELS
Number
Name
Location
Contact information
1 .........
Hudson River Yacht Club
Paerdegat Basin .............
718–251–9791; Channel
71.
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Dates/days/hours of
operation
May 1–Oct 31; daily, 10
a.m.–5 p.m.
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Water depth
(feet)
Cost
10–14
Free.
66929
Federal Register / Vol. 76, No. 209 / Friday, October 28, 2011 / Notices
LIST OF PUMPOUTS IN THE BAY NDZ PROPOSED AREA AVAILABLE FOR RECREATIONAL VESSELS—Continued
Number
Name
Location
Contact information
Dates/days/hours of
operation
2 .........
Coney Island WWTP ......
Shellbank Creek .............
3 .........
Rockaway WWTP ...........
Jamaica Bay ...................
4 .........
NY/NJ Baykeeper’s 24
foot sewage-pumpout
vessel.
Jamaica Bay ...................
718–743–0990; Channel
13.
718–474–3663; Channel
68.
732–337–9262; Channel
9.
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 open waters and tributaries of the
Bay of the New York City metropolitan
area.
Dated: September 30, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011–27990 Filed 10–27–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare and Medicaid
Services
[CMS–2901–PN]
Medicare and Medicaid Programs; The
American Association for
Accreditation of Ambulatory Surgery
Facilities for Approval of Deeming
Authority for Rural Health Clinics
Centers for Medicare and
Medicaid Services, HHS.
ACTION: Proposed notice.
AGENCY:
This proposed notice with
comment period acknowledges the
receipt of a deeming application from
the American Association for
Accreditation of Ambulatory Surgery
Facilities (AAAASF) for recognition as a
national accrediting organization for
rural health clinics (RHCs) that wish to
participate in the Medicare or Medicaid
programs. The statute requires that
within 60 days of receipt of an
organization’s complete application, we
publish a notice that identifies the
national accrediting body making the
request, describes the nature of the
request, and provides at least a 30-day
public comment period.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on November 28, 2011.
ADDRESSES: In commenting, please refer
to file code CMS–2901–PN. Because of
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SUMMARY:
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Water depth
(feet)
Cost
May 1–Oct 31; 24 hrs .....
8–10
Free.
May 1–Oct 31; 24 hrs .....
10–14
Free.
Memorial Day to Labor
Day; Sunrise to sunset.
N/A
Free.
staff and resource limitations, we cannot
accept comments by facsimile (Fax)
transmission.
You may submit comments in one of
four ways (no duplicates, please):
1. Electronically. You may submit
electronic comments on this notice to
https://www.regulations.gov. Follow the
‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address only: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2901–PN, P.O. Box 8010,
Baltimore, MD 21244–8010.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address only: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–2901–PN,
Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments only to the
following addresses prior to the close of
the comment period:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
Federal government identification,
commenters are encouraged to leave
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
PO 00000
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If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–9994 in
advance to schedule your arrival with
one of our staff members.
Comments erroneously mailed to the
addresses indicated as appropriate for
hand or courier delivery may be delayed
and received after the comment period.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: L.
Tyler Whitaker, (410) 786–5236. Patricia
Chmielewski, (410) 786–6899.
SUPPLEMENTARY INFORMATION: Inspection
of Public Comments: All comments
received before the close of the
comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://
www.regulations.gov. Follow the search
instructions on that Web site to view
public comments.
Comments received timely will also
be available for public inspection as
they are received, generally beginning
approximately 3 weeks after publication
of a document, at the headquarters of
the Centers for Medicare & Medicaid
Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday
through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an
appointment to view public comments,
phone 1–(800) 743–3951.
I. Background
Under the Medicare program, eligible
beneficiaries may receive covered
services from an rural health clinic
(RHC) provided certain requirements are
met. Sections 1861(aa) of the Social
Security Act (the Act) establish distinct
criteria for facilities seeking designation
as RHCs. Regulations concerning
provider agreements are at 42 CFR part
489 and those pertaining to activities
relating to the survey and certification
E:\FR\FM\28OCN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 209 (Friday, October 28, 2011)]
[Notices]
[Pages 66927-66929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27990]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9484-7]
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
Jamaica Bay (the Bay) in the New York City metropolitan area 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.
The New York State Department of Conservation (NYSDEC) on behalf of
the New York City Department of Environmental Protection (NYCDEP) has
proposed to establish a Vessel Waste No Discharge Zone (NDZ) for the
Bay that covers an area of approximately 20,000 acres (17,177 acres of
open water and 2,695 acres of upland islands and salt marshes). It is
bounded on the west and northwest by Brooklyn, and on the north and
northeast by Queens. The northeastern and southeastern corners of the
Bay are bordered by Nassau County. The northern shore of the Rockaway
Peninsula, a part of Queens, forms the southern boundary. The Bay is
connected to the Atlantic Ocean through the Rockaway Inlet and has a
tidal range of approximately 5 to 6 feet. The 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 Bay.
EPA published a tentative affirmative determination on August 3,
2011 in the Federal Register. Public comments were solicited for 30
days and the comment period ended on September 2, 2011. EPA received a
total of twenty (25) comments via letter and email. The comment tally
was twenty-three (23) in favor of, and two (2) 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 August 3, 2011 (Volume 76 Issue 149) Federal Register
document.
Response to Comments
1. Comment: Twenty-three commenters including boaters, paddlers,
kayakers, non-governmental organizations, and community advocates
expressed strong support for EPA's action to establish a vessel waste
no discharge zone for the Bay. Some commenters pointed out that this
action will reduce pathogens and chemicals, improve water quality and
further protect and restore the Bay.
EPA Response: EPA is in full agreement that designating the Bay is
an important step to further protect this valuable natural resource,
water quality, wetlands and habitats throughout the entire the Bay
area.
2. Comment: One commenter stated that discharges from several small
tugs with the required Marine Sanitation Devices (MSDs) are a
relatively small source of pollution compared to the pollution caused
by 1,200 to 1,500 of recreational vessels that utilized the Bay.
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 commercial vessel sewage is comparable in
quantity or impact to other sources of pollution, or whether banning
such discharges is otherwise unfair to commercial 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
[[Page 66928]]
substantial, concentrated amounts. EPA agrees with the NYSDEC, which
certifies that the protection and enhancement of the waters of the Bay
require greater environmental protection than the applicable federal
regulations. Moreover, as noted above, the prohibition of sewage
discharges pursuant to Clean Water Act Section 312(f)(3) applies to all
vessels.
3. Comment: One commenter stated that the pumpout facilities that
serve recreational vessels may not be reasonably available to
commercial towboats and barges that service two oil terminals and two
sand and gravel handling facilities located near Inwood at the head of
the Bay, because some of those commercial vessels are too large to dock
where the recreational vessel pumpout facilities are located. The
commenter also stated that the type II flow-through MSD systems
installed on the majority of their tugs have no storage capacity to
retain effluent onboard.
EPA Response: EPA and NYCDEP gathered additional information about
the location and accessibility of pumpout trucks in relation to
commercial vessels that service the oil terminal and sand and gravel
facilities. Pumpout trucks are readily available for hire and are able
to reach commercial vessels on commercial docks at the head of the Bay.
Therefore, commercial vessel operators can make arrangements to hire
pumpout trucks and have their vessels pumped out at the accessible
commercial docks. Alternatively, the tugs and barges could discharge
sewage while at their home port(s). In order to achieve the storage
capacity needed to hold sewage on board, a Type II MSD can be converted
to a Type III MSD, commonly called a holding tank, which can be
equipped with the valve, usually called a Y-valve, needed to discharge
to a pumpout truck.
FOR FURTHER INFORMATION CONTACT: Moses Chang (212) 637-3867, email
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
open waters and tributaries of the Bay, so that the State may
completely prohibit the discharge from all vessels of any sewage,
whether treated or not, into such waters. 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 Bay is the largest estuarine water body in the New York City
metropolitan area and one of the largest coastal wetland ecosystems in
New York State. The open waters and tributaries within the Bay provide
important natural and recreational resources for boating and
recreational activities that contribute significantly to the local and
regional economy. In 2005, the Jamaica Bay Watershed Protection Plan
(JBWPP) was put into motion by the City Council of New York City under
Local Law 71 (LL 71). The objective of LL 71 is to ensure a holistic
watershed approach toward restoring and maintaining the water quality
and ecological integrity of the Bay. The JBWPP recommends management
actions for protecting and improving the health of the Bay, e.g.,
adoption of appropriate regulations to mitigate the impacts of boat
vessel waste discharges.
The Bay is a component of the National Park Service's (NPS) Gateway
National Recreation Area (GNRA). A significant portion of the Bay,
approximately 9,100 acres, has also been designated by the NPS as the
Jamaica Bay Wildlife Refuge and is designated by the New York State
Department of State (NYSDOS) as a Significant Coastal Fish and Wildlife
Habitat. The diversity of bird species and breeding habitats within the
Bay were important factors in these designations. The Jamaica Bay
Wildlife Refuge was also the first site to be designated by the
National Audubon Society as an ``Important Bird Area.'' It is clear
that the Bay is currently functioning as a regional habitat for many
different species of wildlife. In combination with other water quality
improvement initiatives, the NDZ designation will further enhance the
recreational and ecological benefits of the Bay, potentially attracting
more visitors to the Bay.
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 Bay, the State
must demonstrate that the pumpout-to-vessel ratio does not exceed
1:600.
In its petition, the State described the recreational vessels that
use the Bay, and the pumpout facilities that are available for their
use. Based on a review of NYS Department of Motor Vehicle boat
registrations, site visits to marinas and reviewing high resolution
orthoimagery of the Bay, NYCDEP has determined that there are
approximately 1,200 to 1,500 boats that utilize the Bay throughout the
boating season. This number may include a significant number of
transient vessels and not only boats that are permanently moored in the
Bay.
The Bay is primarily used for recreational boating with very little
commercial traffic. The few commercial vessels that do enter the Bay
are primarily sightseeing and fishing vessels which, pursuant to New
York City regulations, must use private boat pumpout services to unload
sewage within the Bay. Therefore, the boat pumpouts provided by NYCDEP
within the Bay are utilized for recreational vessels only.
There are four vessel pumpout facilities available in the Bay.
Three of those are land-based pumpout facilities operated by NYCDEP,
and the fourth is a 24-foot sewage pumpout vessel operated by New York/
New Jersey Baykeeper, that serves vessels docked or anchored throughout
the Bay. All four facilities provide the pumpout services free of
charge. Given that approximately 1,500 recreational vessels use the
Bay, the pumpout-to-vessel ratio for those vessels is 1:375 (i.e., 4
facilities for 1,500 boats). Therefore, the pumpout facilities in the
Bay satisfy the Clean Vessel Act criterion of 1 pumpout per 300-600
vessels.
A list of the facilities, phone numbers, locations, hours of
operation, water depth and fee is provided as follows:
List of Pumpouts in the Bay NDZ Proposed Area Available for Recreational Vessels
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Contact Dates/days/hours Water depth
Number Name Location information of operation (feet) Cost
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1......... Hudson River Paerdegat Basin.. 718-251-9791; May 1-Oct 31; 10-14 Free.
Yacht Club. Channel 71. daily, 10 a.m.-5
p.m.
[[Page 66929]]
2......... Coney Island WWTP Shellbank Creek.. 718-743-0990; May 1-Oct 31; 24 8-10 Free.
Channel 13. hrs.
3......... Rockaway WWTP.... Jamaica Bay...... 718-474-3663; May 1-Oct 31; 24 10-14 Free.
Channel 68. hrs.
4......... NY/NJ Baykeeper's Jamaica Bay...... 732-337-9262; Memorial Day to N/A Free.
24 foot sewage- Channel 9. Labor Day;
pumpout vessel. Sunrise to
sunset.
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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 open waters
and tributaries of the Bay of the New York City metropolitan area.
Dated: September 30, 2011.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-27990 Filed 10-27-11; 8:45 am]
BILLING CODE 6560-50-P
