New York State Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination, 78253-78256 [2011-32276]
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[FR Doc. 2011–32282 Filed 12–15–11; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9508–1]
New York State Prohibition of
Discharges of Vessel Sewage; Final
Affirmative Determination
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 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.
The New York State Department of
Environmental Conservation (NYSDEC)
has proposed to establish a Vessel Waste
No Discharge Zone (NDZ) for the New
York State portion of Lake Ontario
(‘‘Lake’’) 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, and
Black Rivers; numerous other
tributaries, harbors, and embayments of
the Lake including Irondequoit Bay,
Sodus Bay, North/South Ponds,
Henderson Bay, Black River Bay and
Chautmont Bay; and an abundance of
formally designated habitats and
waterways of local, state, and national
significance. 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
Lake Ontario.
EPA published a tentative affirmative
determination on October 5, 2011 in the
Federal Register. Public comments were
solicited for 30 days and the comment
period ended on November 4, 2011.
SUMMARY:
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78253
EPA received a total of eight (8)
comments via letter and email. The
comment tally was seven (6) 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 addresses comments
submitted in response to the October 5,
2011 (Volume 76 No. 193) Federal
Register document.
Response to Comments
1. Comment: Several commenters,
including boaters, paddlers and
community advocates, expressed strong
support for EPA’s action to establish a
vessel waste no discharge zone for Lake
Ontario. Some commenters pointed out
that this action will reduce pathogens
and chemicals, improve water quality
and further protect and restore the Lake.
EPA Response: EPA is in full
agreement that designating Lake Ontario
is an important step to further protect
this valuable natural resource, water
quality, wetlands and habitats
throughout the U.S. portions of Lake
Ontario.
2. Comment: One commenter stated
that discharges from boats are a
relatively small source of pollution
compared to the pollution caused by
farm runoff into the Lake.
EPA Response: These comments go
beyond the scope of EPA’s authority in
this action. EPA’s authority here is
limited to determining whether
adequate pumpout facilities exist.
Establishing a no discharge zone for
vessel sewage will have a positive effect
on water quality in the Lake.
3. Comment: One commenter
expressed concerns about the conditions
and availability of the pumpout
facilities at Sodus Point in Lake Ontario.
EPA Response: The criterion
established by the Clean Vessel Act
regarding the adequate number of
pumpouts per vessel population is one
pumpout per 300 to 600 vessels.
NYSDEC has submitted pumpout
information (including location, phone
numbers, latitude/longitude, VHF
channel, dates and hours of operation,
fees, and capacity) outlining how areas
of the Lake meet or exceed this
criterion; therefore, EPA has determined
that there are adequate pumpout
facilities. EPA recognizes the
importance of adequate pumpouts to
service the boating activity within a
given waterbody. New York State is
responsible for ensuring that all of the
facilities are accessible and operational.
There are six pumpouts (Pultneyville
Yacht Club, Sodus Bay Yacht Club,
Krenzer Marine, Inc., Arney’s Marina,
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78254
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices
Inc., Anchor Resort and Marina, and
Bayside Marina) available in the vicinity
of Sodus Bay in Wayne County.
Therefore, in the event that a particular
facility is not accessible or operational,
the public should contact NYSDEC.
4. Comment: One commenter stated
that the pumpout facilities that serve
recreational vessels may not be
reasonably available to commercial
tugboat, towboats and barges that
service the area because some of those
commercial vessels are too large to dock
where the recreational vessel pumpout
facilities are located. The commenter
also indicated that in order to comply
with the NDZ requirements, a tugboat or
towboat must disable federally
compliant marine sanitation devices
and install holding tanks for effluent.
Such retrofitting is complicated due to
the extremely limited space aboard a
towing vessel and the necessity to
ensure that the additional weight does
not negatively impact the stability of the
vessel.
EPA Response: EPA understands that
some commercial vessels may not be
able to use pumpouts designed for
recreational vessels, and found that
‘‘honey dipper’’ pumpout trucks are
readily available for hire and are able to
reach commercial vessels on the
commercial docks on the Lake. In order
to achieve the storage capacity needed
to hold sewage on board, a Type II
Marine Sanitation Device (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.
5. One commenter suggested that EPA
provide a suitable lag time between
when an NDZ is established and when
compliance is required to improve
compliance and ease the heavy financial
burden on commercial vessel owners.
According to this commenter, the
current model of instant
implementation without a phase-in
period does not allow vessel owners to
make the necessary changes in a
planned and cost-effective fashion.
EPA Response: EPA’s authority here
is limited to determining whether
adequate pumpout facilities exist, it
cannot base its determination on the
cost of compliance and, once EPA issues
a final affirmative determination, it is
up to the petitioning state, in this case,
New York, to determine how to
implement and enforce the NDZ.
FOR FURTHER INFORMATION CONTACT:
Moses Chang, (212) 637–3867, email
address: chang.moses@epa.gov. The
EPA Region 2 NDZ Web site is: https://
www.epa.gov/region02/water/ndz/
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index.html. 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, 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 to
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.
NYSDEC developed their petition in
collaboration with the 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 of New York State’s
portion of Lake Ontario.
The Clean Vessel Act requires that
one pumpout station be available for
every 300 to 600 boats in order to
support an NDZ 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,
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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 nine other (nonCVAP funded) pumpouts available for
recreational and small commercial
vessels for a total of 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
EPA did not have sufficient information
for seven of the nine non-CVAP funded
pumpout facilities in NYSDEC’s
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 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
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
the 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
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Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices
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 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 fees is provided as
follows:
LIST OF PUMPOUTS IN THE LAKE ONTARIO NDZ PROPOSED AREA
Numbers
Name
Location
1 ..........
Youngstown Yacht Club ..
Lower Niagara River ........
716–754–8245
2 ..........
Tuscarora Bay .................
716–278–1775
3 ..........
NYSOPRSHP-WilsonTuscarora SP Marina.
Tuscarora Yacht Club ......
Tuscarora Bay .................
716–434–4475
4 ..........
Rochester Yacht Club .....
Genesee River/Lake Ontario.
5 ..........
Genesee River-Canal
North to 490 Dam.
Irondequoit Bay ...............
716–428–5301
Oak Orchard Creek .........
585–682–4224
8 ..........
City of Rochester-River
Street Waterfront.
County of MonroeIrondequoit Bay NYS
Marine.
Four C’S Marina at Oak
Orchard Creek.
Eagle Creek Marina .........
Oak Orchard Creek .........
585–723–5708
9 ..........
Braddock Marina .............
Braddock Bay ..................
585–227–1579
10 ........
Newport Marina, Inc ........
Irondequoit Bay ...............
585–544–4950
11 ........
Sutter’s Marine, Inc .........
Irondequoit Bay ...............
716–217–8811
12 ........
Pultneyville Yacht Club ....
Pultneyville .......................
315–524–2762
13 ........
Sodus Bay Yacht Club ....
Pultneyville .......................
315–483–9550
14 ........
Krenzer Marine, Inc .........
Sodus Bay .......................
315–483–8808
15 ........
Arney’s Marina, Inc ..........
Sodus Bay .......................
315–483–9111
16 ........
Anchor Resort and Marina.
Little Sodus Bay ..............
315–947–5331
17 ........
Bayside Marina ................
Little Sodus Bay ..............
315–947–5773
18 ........
Port of Oswego-International Marina West.
315–343–4503
19 ........
Port of Oswego-East Marina.
20 ........
Mexico Bay Co. ...............
21 ........
Wigwam Marina ...............
(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 ......................
22 ........
Seber Shores Marina ......
North Pond ......................
6 ..........
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7 ..........
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Contact information
585–342–5511/585–314–6460
Fmt 4703
716–428–7045
315–343–4503
315–963–3221
315–387–3001
315–387–5502
Sfmt 4703
Days and
hours of
operation
Apr–Nov,
Mon–Fri, 9
a.m.–5
p.m.
24 hours .....
Water depth
(feet)
Fee
9′–12′
$5.00.
5′
$5.00.
9 a.m.–5
p.m.
Mon–Sun, 7
a.m.–10
p.m.
7′
$5.00.
9′
Jan–Dec, 24
hours.
Apr–Oct, 7
a.m.–7
p.m.
6 a.m.–7
p.m.
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.
Apr–Oct, 24
hours.
Apr–Nov, 7
a.m.–9
p.m.
Apr–Nov, 7
a.m.–9
p.m.
Daylight
Hours.
12 p.m.–4
p.m.
May–Nov, 9
a.m.–5
p.m.
4′–6′
Free Members/
$10.00–
Guest.
0.00.
E:\FR\FM\16DEN1.SGM
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8′
$5.00.
10′
$5.00.
8′–9′
$5.00.
2′
$8.00.
6′
$10.00.
7′
$5.00.
6′
$5.00.
6′
$5.00.
3′–6′
0.00.
7′
$5.00.
8′–10′
$5.00.
8′
$5.00.
15′
$5.00.
18′
$5.00.
....................
0.00.
8′
0.00.
8′
$5.00.
78256
Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Notices
LIST OF PUMPOUTS IN THE LAKE ONTARIO NDZ PROPOSED AREA—Continued
Days and
hours of
operation
Numbers
Name
Location
23 ........
Harbor’s End, Inc .............
Henderson Bay and Harbor.
315–938–5425
24 ........
Henchen Marina ..............
Henderson Bay and Harbor.
315–938–5313
25 ........
Harbor View Marina, Inc ..
Henderson Bay and Harbor.
315–938–5494
26 ........
27 ........
Grunerts Marina ...............
Navy Point Marina ...........
Black River Bay ...............
Black River Bay ...............
315–646–2003
315–646–3364
28 ........
Madison Barracks ............
Black River Bay ...............
315–646–3374
29 ........
Kitto’s Marina ...................
Chaumont Bay .................
315–788–2191
30 ........
Chaumont Club ................
Black River Bay ...............
315–649–5018
Based on the information 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 waters of the New York
State portion of Lake Ontario.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011–32276 Filed 12–15–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9508–2]
Request for Nominations of Experts for
the Review of Approaches To Derive a
Maximum Contaminant Level Goal for
Perchlorate
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA Science Advisory
Board (SAB) Staff Office requests public
nominations for technical experts to
form an SAB panel to review the
agency’s approaches for a deriving
maximum contaminant level goal
(MCLG) for perchlorate.
DATES: Nominations should be
submitted by January 13, 2012.
FOR FURTHER INFORMATION CONTACT: Any
member of the public wishing further
information regarding this Notice and
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SUMMARY:
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Contact information
Request for Nominations may contact
Mr. Thomas Carpenter, Designated
Federal Officer (DFO), SAB Staff Office,
by telephone/voice mail at (202) 564–
4885, by fax at (202) 565–2098, or via
email at carpenter.thomas@epa.gov.
General information concerning the EPA
SAB can be found at the EPA SAB Web
site at http//www.epa.gov/sab.
SUPPLEMENTARY INFORMATION:
Background: The SAB (42 U.S.C.
4365) is a chartered Federal Advisory
Committee that provides independent
scientific and technical peer review,
advice, consultation, and
recommendations to the EPA
Administrator on the technical basis for
EPA actions. As a Federal Advisory
Committee, the SAB conducts business
in accordance with the Federal
Advisory Committee Act (FACA) (5
U.S.C. App. 2) and related regulations.
The SAB will comply with the
provisions of FACA and all appropriate
SAB Staff Office procedural policies. In
response to EPA’s request, the SAB Staff
Office will form an expert panel to
review EPA’s approaches to derive an
MCLG for perchlorate.
In 2011, EPA announced its decision
(76 FR 7762–7767) to regulate
perchlorate under the Safe Drinking
Water Act (SDWA) and publish a
proposal no later than February 2013.
SDWA requires EPA to request
comments from the SAB prior to
proposal of a maximum contaminant
level goal (MCLG) and national primary
drinking water regulation. EPA has
PO 00000
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Apr–Nov, 8
a.m.–4:30
p.m.
Apr–Oct, 7
a.m.–8
p.m.
May–Oct, 8
a.m.–5
p.m.
.....................
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.
Water depth
(feet)
4.5′
8′
Fee
$5.00.
$10.00.
....................
0.00.
....................
10′
0.00.
0.00.
10′
0.00.
7′
0.00.
6.5′–7′
0.00.
therefore requested an SAB review of
the scientific and technical bases for the
approaches being considered to derive
an MCLG for perchlorate. The agency
seeks review of a draft Health Effects
Support Document for Perchlorate. This
draft document is under development
and is expected to be available in early
2012. The document will include the
following information: EPA’s use and
interpretation of reference doses (RfDs);
statutory requirements for MCLGs and
approaches for deriving MCLGs that
EPA has used in the past; a discussion
of the 2005 National Research Council
report, ‘‘Health Implications of
Perchlorate Ingestion;’’ and discussion
of physiologically based
pharmacokinetic (PBPK) modeling
related to perchlorate health effects.
Availability of the review materials:
The draft Health Effects Support
Document for perchlorate will be
available and posted on the agency’s
Web site in the near future. For
questions concerning the draft Health
Effects Support Document for
Perchlorate, please contact either Mr.
Eric Burneson, Office of Ground Water
and Drinking Water, U.S. EPA, 1200
Pennsylvania Avenue NW., MC 4607M,
Washington, DC 20460, phone (202)
564–5250 or at burneson.eric@epa.gov
or Mr. Daniel Olson, Office of Ground
Water and Drinking Water, U.S. EPA,
1200 Pennsylvania Avenue NW., MC
4607M, Washington, DC 20460, phone
(202) 564–5239 or at
olson.daniel@epa.gov
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]]>Agencies
[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices]
[Pages 78253-78256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32276]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9508-1]
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 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.
The New York State Department of Environmental Conservation
(NYSDEC) has proposed to establish a Vessel Waste No Discharge Zone
(NDZ) for the New York State portion of Lake Ontario (``Lake'')
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,
and Black Rivers; numerous other tributaries, harbors, and embayments
of the Lake including Irondequoit Bay, Sodus Bay, North/South Ponds,
Henderson Bay, Black River Bay and Chautmont Bay; and an abundance of
formally designated habitats and waterways of local, state, and
national significance. 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 Lake Ontario.
EPA published a tentative affirmative determination on October 5,
2011 in the Federal Register. Public comments were solicited for 30
days and the comment period ended on November 4, 2011. EPA received a
total of eight (8) comments via letter and email. The comment tally was
seven (6) 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 addresses comments submitted in response to the
October 5, 2011 (Volume 76 No. 193) Federal Register document.
Response to Comments
1. Comment: Several commenters, including boaters, paddlers and
community advocates, expressed strong support for EPA's action to
establish a vessel waste no discharge zone for Lake Ontario. Some
commenters pointed out that this action will reduce pathogens and
chemicals, improve water quality and further protect and restore the
Lake.
EPA Response: EPA is in full agreement that designating Lake
Ontario is an important step to further protect this valuable natural
resource, water quality, wetlands and habitats throughout the U.S.
portions of Lake Ontario.
2. Comment: One commenter stated that discharges from boats are a
relatively small source of pollution compared to the pollution caused
by farm runoff into the Lake.
EPA Response: These comments go beyond the scope of EPA's authority
in this action. EPA's authority here is limited to determining whether
adequate pumpout facilities exist. Establishing a no discharge zone for
vessel sewage will have a positive effect on water quality in the Lake.
3. Comment: One commenter expressed concerns about the conditions
and availability of the pumpout facilities at Sodus Point in Lake
Ontario.
EPA Response: The criterion established by the Clean Vessel Act
regarding the adequate number of pumpouts per vessel population is one
pumpout per 300 to 600 vessels. NYSDEC has submitted pumpout
information (including location, phone numbers, latitude/longitude, VHF
channel, dates and hours of operation, fees, and capacity) outlining
how areas of the Lake meet or exceed this criterion; therefore, EPA has
determined that there are adequate pumpout facilities. EPA recognizes
the importance of adequate pumpouts to service the boating activity
within a given waterbody. New York State is responsible for ensuring
that all of the facilities are accessible and operational. There are
six pumpouts (Pultneyville Yacht Club, Sodus Bay Yacht Club, Krenzer
Marine, Inc., Arney's Marina,
[[Page 78254]]
Inc., Anchor Resort and Marina, and Bayside Marina) available in the
vicinity of Sodus Bay in Wayne County. Therefore, in the event that a
particular facility is not accessible or operational, the public should
contact NYSDEC.
4. Comment: One commenter stated that the pumpout facilities that
serve recreational vessels may not be reasonably available to
commercial tugboat, towboats and barges that service the area because
some of those commercial vessels are too large to dock where the
recreational vessel pumpout facilities are located. The commenter also
indicated that in order to comply with the NDZ requirements, a tugboat
or towboat must disable federally compliant marine sanitation devices
and install holding tanks for effluent. Such retrofitting is
complicated due to the extremely limited space aboard a towing vessel
and the necessity to ensure that the additional weight does not
negatively impact the stability of the vessel.
EPA Response: EPA understands that some commercial vessels may not
be able to use pumpouts designed for recreational vessels, and found
that ``honey dipper'' pumpout trucks are readily available for hire and
are able to reach commercial vessels on the commercial docks on the
Lake. In order to achieve the storage capacity needed to hold sewage on
board, a Type II Marine Sanitation Device (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.
5. One commenter suggested that EPA provide a suitable lag time
between when an NDZ is established and when compliance is required to
improve compliance and ease the heavy financial burden on commercial
vessel owners. According to this commenter, the current model of
instant implementation without a phase-in period does not allow vessel
owners to make the necessary changes in a planned and cost-effective
fashion.
EPA Response: EPA's authority here is limited to determining
whether adequate pumpout facilities exist, it cannot base its
determination on the cost of compliance and, once EPA issues a final
affirmative determination, it is up to the petitioning state, in this
case, New York, to determine how to implement and enforce the NDZ.
FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, email
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, 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 to 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. NYSDEC developed their petition in collaboration with
the 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 of New York State's portion of Lake Ontario.
The Clean Vessel Act requires that one pumpout station be available
for every 300 to 600 boats in order to support an NDZ 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 nine other (non-CVAP funded) pumpouts available for recreational
and small commercial vessels for a total of 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 EPA did not have sufficient
information for seven of the nine non-CVAP funded pumpout facilities in
NYSDEC's 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 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 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 the 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
[[Page 78255]]
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 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 fees is provided as follows:
List of Pumpouts in the Lake Ontario NDZ Proposed Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Days and hours of Water depth
Numbers Name Location Contact information operation (feet) Fee
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................ Youngstown Yacht Club Lower Niagara River.. 716-754-8245 Apr-Nov, Mon-Fri, 9 9'-12' $5.00.
a.m.-5 p.m.
2................ NYSOPRSHP-Wilson- Tuscarora Bay........ 716-278-1775 24 hours............. 5' $5.00.
Tuscarora SP Marina.
3................ Tuscarora Yacht Club. Tuscarora Bay........ 716-434-4475 9 a.m.-5 p.m......... 7' $5.00.
4................ Rochester Yacht Club. Genesee River/Lake 585-342-5511/585-314-6460 Mon-Sun, 7 a.m.-10 9' Free Members/$10.00-
Ontario. p.m. Guest.
5................ City of Rochester- Genesee River-Canal 716-428-7045 Jan-Dec, 24 hours.... 4'-6' 0.00.
River Street North to 490 Dam.
Waterfront.
6................ County of Monroe- Irondequoit Bay...... 716-428-5301 Apr-Oct, 7 a.m.-7 p.m 8' $5.00.
Irondequoit Bay NYS
Marine.
7................ Four C'S Marina at Oak Orchard Creek.... 585-682-4224 6 a.m.-7 p.m......... 10' $5.00.
Oak Orchard Creek.
8................ Eagle Creek Marina... Oak Orchard Creek.... 585-723-5708 8 a.m.-5 p.m......... 8'-9' $5.00.
9................ Braddock Marina...... Braddock Bay......... 585-227-1579 10 a.m.-4 p.m........ 2' $8.00.
10............... Newport Marina, Inc.. Irondequoit Bay...... 585-544-4950 Mar-Dec, 9 a.m.-6 p.m 6' $10.00.
11............... Sutter's Marine, Inc. Irondequoit Bay...... 716-217-8811 Apr-Nov, Mon-Fri, 7' $5.00.
6:30 a.m.-5:00 p.m.
12............... Pultneyville Yacht Pultneyville......... 315-524-2762 Apr-Sep, 24 hours.... 6' $5.00.
Club.
13............... Sodus Bay Yacht Club. Pultneyville......... 315-483-9550 Apr-Sep, 24 hours.... 6' $5.00.
14............... Krenzer Marine, Inc.. Sodus Bay............ 315-483-8808 Apr-Nov, 8 a.m.-5 p.m 3'-6' 0.00.
15............... Arney's Marina, Inc.. Sodus Bay............ 315-483-9111 Apr-Oct, 9 a.m.-5 p.m 7' $5.00.
16............... Anchor Resort and Little Sodus Bay..... 315-947-5331 Apr-Sep, 6 a.m.-6 p.m 8'-10' $5.00.
Marina.
17............... Bayside Marina....... Little Sodus Bay..... 315-947-5773 Apr-Oct, 24 hours.... 8' $5.00.
18............... Port of Oswego- (Erie) Oneida Shore 315-343-4503 Apr-Nov, 7 a.m.-9 p.m 15' $5.00.
International Marina Park Terminal-Three
West. Rivers Port Terminal.
19............... Port of Oswego-East Three Rivers Point 315-343-4503 Apr-Nov, 7 a.m.-9 p.m 18' $5.00.
Marina. Terminal--Lock 8
(Wright's Landing).
20............... Mexico Bay Co........ Mexico Bay--Little 315-963-3221 Daylight Hours....... ........... 0.00.
Salmon River.
21............... Wigwam Marina........ North Pond........... 315-387-3001 12 p.m.-4 p.m........ 8' 0.00.
22............... Seber Shores Marina.. North Pond........... 315-387-5502 May-Nov, 9 a.m.-5 p.m 8' $5.00.
[[Page 78256]]
23............... Harbor's End, Inc.... Henderson Bay and 315-938-5425 Apr-Nov, 8 a.m.-4:30 4.5' $5.00.
Harbor. p.m.
24............... Henchen Marina....... Henderson Bay and 315-938-5313 Apr-Oct, 7 a.m.-8 p.m 8' $10.00.
Harbor.
25............... Harbor View Marina, Henderson Bay and 315-938-5494 May-Oct, 8 a.m.-5 p.m ........... 0.00.
Inc. Harbor.
26............... Grunerts Marina...... Black River Bay...... 315-646-2003 ..................... ........... 0.00.
27............... Navy Point Marina.... Black River Bay...... 315-646-3364 May-Nov, 8 a.m.-5 p.m 10' 0.00.
28............... Madison Barracks..... Black River Bay...... 315-646-3374 May 15-Oct 15, 8 a.m.- 10' 0.00.
6 p.m.
29............... Kitto's Marina....... Chaumont Bay......... 315-788-2191 Apr-Oct, 8 a.m.-7 p.m 7' 0.00.
30............... Chaumont Club........ Black River Bay...... 315-649-5018 Apr 15 -Nov, 7 a.m.-5 6.5'-7' 0.00.
p.m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on the information 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 waters of the New York State portion of Lake Ontario.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2011-32276 Filed 12-15-11; 8:45 am]
BILLING CODE 6560-50-P
