New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination, 59681-59684 [2013-23688]
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Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices
review, then the Agency may conclude
its work on the chemical being assessed.
III. How can I request to participate in
these meetings?
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A. Registration
To attend the peer review meetings,
you must register for the meeting no
later than 11:59 p.m., EDT, on October
13, 2013. To register for the meeting, go
to www.scgcorp.com/ATO2013,
complete the online registration form,
and submit the required information.
You may also register through the U.S.
Postal Service or by overnight/priority
mail by sending the necessary
registration information (see Unit III.B.)
to the SCG Meeting Coordinator, Ms.
Susie Warner. The U.S. Postal Service or
overnight/priority mail address is: The
Scientific Consulting Group, Inc., 656
Quince Orchard Rd., Suite 210,
Gaithersburg, MD 20878–1409. For
questions or additional information,
contact Ms. Warner by: Telephone
number: (301) 670–4990, ext. 227; fax:
(301) 670–3815; or email: SWARNER@
scgcorp.com. Registrations sent via U.S.
Postal Service or overnight/priority mail
must be received no later than 11:59
p.m., EDT, on September 23, 2013.
There will be no on-site registration, so
members of the public who do not
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13, 2013, using one of the methods
described in this unit, may not receive
web access information in time to attend
the first peer review meeting.
B. Required Registration Information
Members of the public may register to
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If you indicate that you wish to speak,
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categories related to the charge
questions are:
1. General comments on the risk
assessment document.
2. Comments on the exposure
assessment.
3. Comments on the hazard
assessment.
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4. Comments on the risk
characterization.
5. Other issues.
Should more than 30 speakers register
for a single meeting, these categories
will be used to ensure that a balance of
substantive science issues relevant to
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information on the selection of speakers
and speaking times will be sent out by
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To accommodate as many registered
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Peer review panel members will have
access to any written comments and
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Registered observers and speakers will
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C. Web Meeting Access
Each peer review meeting will be held
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SCG will provide all registered
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List of Subjects
Environmental protection, Antimony
trioxide, Chemicals, Peer review, Risk
assessments.
Dated: September 18, 2013.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and
Toxics.
[FR Doc. 2013–23634 Filed 9–24–13; 4:15 pm]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9901–45-Region2]
New York State Prohibition of
Discharges of Vessel Sewage; Receipt
of Petition and Tentative Affirmative
Determination
Environmental Protection
Agency (EPA).
ACTION: Receipt of petition and tentative
affirmative determination.
AGENCY:
Notice is hereby given that,
pursuant to Clean Water Act Section
312(f)(3), the State of New York has
determined that the protection and
enhancement of the quality of the New
York State (NYS or the State) area of
Lake Erie requires greater environmental
protection, and has petitioned the
SUMMARY:
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59681
United States Environmental Protection
Agency, 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.
NYS has proposed to establish a
‘‘Vessel Waste No Discharge Zone’’ for
the NYS area of Lake Erie stretching
from the Pennsylvania-New York State
boundary to include the upper Niagara
River to Niagara Falls. The proposed No
Discharge Zone encompasses
approximately 593 square miles and 84
linear shoreline miles, including the
navigable portions of the Upper Niagara
River and numerous other tributaries
and harbors, embayments of the Lake
including Barcelona Harbor, Dunkirk
Harbor and Buffalo Outer Harbor, and
other formally designated habitats and
waterways of local, state, and national
significance.
On December 6, 2012, the EPA
completed the review of NYS’s petition
and issued a tentative affirmative
determination in the Federal Register
that adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels for such waters
are reasonably available. During the 30day public comment period, the EPA
received significant comments regarding
the availability of adequate pumpouts
for commercial vessels. Specifically,
two commenters submitted that the
December 6, 2012 notice did not contain
adequate information about the
availability of pumpout facilities for
large commercial vessels. Therefore, the
EPA and New York State collected
additional information to demonstrate
the reasonable availability of pumpout
services for commercial vessels that use
the New York area of Lake Erie. The
EPA hereby republishes its tentative
affirmative determination with the
additional information included.
DATES: Comments regarding this
tentative determination are due by
October 28, 2013.
Petition: The Lake Erie No Discharge
Zone Petition is available at: https://
www.epa.gov/region2/water/
permits.html.
You may submit comments
by any of the following methods:
• Email: chang.moses@epa.gov.
Include ‘‘Comments on Tentative
Affirmative Decision for NYS Lake Erie
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
ADDRESSES:
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Federal Register / Vol. 78, No. 188 / Friday, September 27, 2013 / Notices
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.)
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
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 area of Lake Erie.
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New York State’s Certification of Need
The New York State Department of
Environmental Conservation (DEC)
developed its 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 the New York State area
of Lake Erie, and has submitted a
Certification of the Need for Greater
Protection and Enhancement of Lake
Erie waters. Below is a summary of the
basis for New York’s certification.
The Great Lakes are the largest group
of freshwater lakes on Earth, containing
95% of the fresh surface water in the
United States and acting as the largest
single reservoir on Earth. The glacial
history and the influence of the Lakes
themselves create unique conditions
that support a wealth of biological
diversity, including over 200 globally
rare plants and animals and more than
40 species that are found nowhere else
in the world.
Lake Erie is the smallest and
shallowest of the Great Lakes, with
depths that range from an approximate
average of 24 feet in the western basin,
to 82 feet in the deeper eastern basin.
Because of its shallowness, it warms
quickly in the spring and summer and
cools quickly in the fall. As a result,
Lake Erie is the most biologically
productive of the Great Lakes.
The Lake Erie watershed is also home
to approximately one-third of the total
human population of the Great Lakes
basin—11.6 million people (10 million
in the U.S. and 1.6 million in Canada),
including 17 metropolitan areas with
more than 50,000 residents. The
majority, 11 million people, receive
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their drinking water from the Lake. Of
all the Great Lakes, Lake Erie is exposed
to the greatest stress from urbanization,
industrialization and agriculture.
Because the Lake Erie basin supports
the largest population, it also surpasses
all the other Great Lakes in the amount
of effluent discharged from sewage
treatment plants.
There are 18 designated Significant
Coastal Fish and Wildlife Habitats in the
two counties that comprise New York’s
Lake Erie shoreline including:
Cattaraugus Creek, Dunkirk Harbor,
Buckhorn Island Wetlands and Grand
Island Tributaries. These habitats are
essential to the survival of a large
portion of lake fish or wildlife
population and support populations of
species which are of special concern
and which have significant commercial,
recreational, and educational value.
The New York State shoreline and
waters of Lake Erie also host a variety
of swimming, boating and recreational
activities. These recreational activities
act as a source of revenue to the regional
economy by bringing people to the
shoreline, where they patronize local
businesses.
Virtually all of Lake Erie is classified
by New York State as Class A waters.
This classification means that the best
uses of these waters are for drinking,
culinary or food processing purposes,
recreation and fishing, and that the
waters shall be suitable for fish,
shellfish, and wildlife propagation and
survival. Also, when the water in the
Lake is used as a source of drinking
water, it must comply with the New
York State Department of Health’s
(DOH) drinking water safety standards.
There are currently six New York
municipal and community water
supplies, including Buffalo and Erie
County, that draw water from Lake Erie
to serve approximately 275,000 people.
In summary, as one of the nation’s
premier water bodies, Lake Erie
supports several important uses,
including drinking water supplies,
valuable habitats, commercial shipping,
recreational boating and other
recreational activities, and serves as an
economic engine for the region. The
protection and enhancement of the open
waters, tributaries, harbors and
embayments of the New York State area
of Lake Erie require greater protection
than is afforded by applicable federal
standards. An NDZ designation covering
the NYS waters of the Lake represents
one component of a comprehensive
approach to water quality management,
which also includes initiatives to
control point and non-point source
pollution, including pollution
associated with municipal discharges,
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combined sewer overflows, and storm
water runoff.
Adequacy and Availability of Sewage
Pumpout Facilities
Adequate pumpout facilities for
recreational vessels are defined, under
the Clean Vessel Act, as one pumpout
station for every 300—600 boats. See
Clean Vessel Act: Pumpout Station and
Dump Station Technical Guidelines
(Federal Register, Vol. 59, No. 47,
March 10, 1994). Two major sources of
information were consulted to develop
a reasonable estimate of recreational
vessel population. The first was DOS’s
Clean Vessel Act Plan (‘‘Statewide
Plan’’), released in 1996. Using data
from the Statewide Plan, the estimated
number of recreational vessels in each
of the counties bordering Lake Erie is
2,029. The second source for the State’s
estimate of the recreational vessel
population is boater registrations,
obtained through the New York State
Office of Parks, Recreation and Historic
Preservation’s 2010 Boating Report
(OPRHP Report) for the counties of Erie
and Chautauqua (all of which have
shoreline on Lake Erie). The data in the
OPRHP Report yields an estimate of
2,204 vessels with marine sanitation
devices (MSDs) in the respective
counties, which are assumed to operate
in Lake Erie.
The State provided sufficient
information about fifteen pumpout
facilities that are publicly available for
use by recreational and small
commercial vessels in the New York
State area of Lake Erie, and which either
discharge to a holding tank, to a
municipal wastewater treatment plant
or to an on-site septic system. All fifteen
were created through funding provided
by the Clean Vessel Assistance Program
(CVAP), and are thus required to be
open to the public. Nine additional
marinas are located along Lake Erie in
New York State, including five at which
CVAP funding could support the
development of future pumpout
facilities for recreational and small
commercial vessels. However, only the
fifteen CVAP funded facilities were
considered in determining the adequacy
and availability of pumpout facilities for
those vessels. Those facilities are
summarized in Table 1, below. Using
those fifteen facilities, and the most
conservative estimate of small vessel
usage of the NYS area of the Lake, the
ratio of pumpout facilities to
recreational vessels is 15:2,204, or
1:147. This ratio falls well within the
range recommended in the Clean Vessel
Act guidance, and therefore
demonstrates that adequate pumpout
facilities for the safe and sanitary
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removal and treatment of sewage for
recreational and small commercial
vessels are reasonably available for the
New York State area of Lake Erie.
Lake Erie is also used by large
commercial vessels. The commercial
vessel population was estimated using
data from the National Ballast
Information Clearinghouse, which
records ballast water discharge reports
for ships arriving, among other places,
at the commercial ports in Buffalo and
Lackawanna. In 2010, ballast manifests
showed 62 vessels arriving at the Port of
Buffalo and one arriving at the Gateway
Metroport, in Lackawanna. The majority
(58) of these vessels were bulkers, with
two passenger ship arrivals and one
more listed as ‘‘other.’’ The single
arrival in Lackawanna was also a bulker.
Two commenters representing
commercial vessel operators submitted
comments stating that more than 62
large commercial vessels use the New
York State area of Lake Erie. One
commenter estimated that the number
was closer to 80, while the other
commenter estimated that the number
was ‘‘over a hundred.’’
Although there is no fixed
commercial vessel pumpout facility at
either the Port of Buffalo or the Port of
Lackawanna, information submitted in
the petition, and by companies that
provide mobile pumpout services,
demonstrates that at least four
companies are available and qualified to
provide pumpout services to large
commercial vessels at either port. In
addition to commenting on the number
of commercial vessels using the NYS
area of Lake Erie, the two commenters
submitted criteria they believe are
necessary for determining whether a
pumpout truck is able to service their
vessels. Those criteria were taken into
consideration, and were partially
incorporated into the list of final criteria
the EPA used to determine the
reasonable availability of those services.
In addition, one commenter confirmed
that, while large commercial vessels can
hold multiple thousands of gallons of
wastewater, it is more likely that when
these vessels discharge sewage, their
holding tanks contain less than 4,000
gallons of wastewater. Based on all of
this information, the EPA had
determined that four mobile pumpout
companies, with approximately ten
pumpout trucks (listed in Table 2,
below), are able to provide pumpout
services to large commercial vessels at
the ports of Buffalo and Lackawanna.
Assuming, conservatively, that 100 large
commercial vessels use the NYS area of
Lake Erie and given that at least four
companies with as many as ten
pumpout trucks are able to provide
pumpout services to these vessels at
both New York ports, the ratio of
pumpout facilities to commercial
vessels is at least 4:100, or 1:25. While
the Clean Vessel Act guidance applies,
by its terms, only to recreational vessels,
the ratio it recommends is instructive
for purposes of determining the
reasonable availability of pumpout
services for large commercial vessels as
well. In light of the relatively low ratio
of pumpout companies to large
commercial vessels (and the even lower
ratio of pumpout trucks to large
commercial vessels), adequate pumpout
facilities for the safe and sanitary
removal of sewage for large commercial
vessels are reasonably available for the
New York State area of Lake Erie.
TABLE 1—LIST OF SEWAGE PUMPOUT STATIONS IN THE PROPOSED LAKE ERIE NDZ SERVING RECREATIONAL AND SMALL
COMMERCIAL VESSELS
Contact
information
No.
Name
Location
1 ......................
City of Dunkirk—Municipal Dock.
Niagara Frontier Trans.
Authority—Small Boat
Harbor.
RCR Yachts Skyway Marina.
City of Buffalo—Erie
Basin Marina.
Rich Marine Sales, Inc ....
Dunkirk Harbor ................
716–366–9882
Buffalo Harbor and Buffalo River.
716–855–7230
716–856–6314
716–278–1775
8 ......................
Harbour Place Marine
Sales, Inc.
NYSOPRHP—Beaver Island State Park Transient Marina.
Blue Water Marine ..........
Buffalo Harbor and Buffalo River.
Buffalo Harbor and Buffalo River.
Buffalo Harbor and Buffalo River.
Buffalo Harbor and Buffalo River.
Grand Island ....................
Grand Island ....................
716–773–7884
9 ......................
Mid River Marina Inc .......
Tonawanda Creek ...........
716–875–7447
10 ....................
Collins Marine Inc ...........
Tonawanda Creek ...........
716–875–6000
11 ....................
The Shores/Placid Harbor
Marine—Tonawanda
Marine Develop Corp..
Niagara River Yacht Club
Tonawanda Creek ...........
716–625–8235
Tonawanda Creek ...........
716–693–2882
Smith Boys of North
Tonawanda—Upgrade.
East Pier Marine, Inc ......
Tonawanda Creek ...........
716–695–3472
Tonawanda Creek ...........
716–693–6604
Grand Island ....................
716–278–1775
2 ......................
3 ......................
4 ......................
5 ......................
6 ......................
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7 ......................
12 ....................
13 ....................
14 ....................
15 ....................
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Mile Creek State Marina.
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716–851–5389
716–873–4060
716–876–5944
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Days and hours
of operation
Water
depth
(feet)
Fee
April 1–November 15, 6
a.m.–6 p.m..
May 15–October 15, 7:00
a.m.–10:30 p.m..
6′–7′
$5.00
6′–8′
0.00
April 1–November 30,
8:30 a.m.–5:30 p.m..
May 1–October 15, 7:00
a.m.–7:00 p.m..
May 1–November 1, 9:00
a.m.–5:00 p.m..
April 15–October 31, 24
Hours.
May 15–October 15, 24
Hours.
12′
5.00
10′
6.50
6′
5.00
12′
5.00
10′
5.00
5′
0.00
5′
5.00
6′
5.00
12′
5.00
NA
3.00
8′
0.00
5′
5.00
10′
5.00
May 1–November 1, 9:00
a.m.–7:00 p.m..
April 1–September 30,
9:00 a.m.–6:00 p.m..
April 1–November 1, 24
Hours.
April 15–October 15, 9:00
a.m.–9:00 p.m..
May 1–November 1,
Dusk–Dawn.
April–November, 24
Hours.
May 1–November 15,
9:00 a.m.–8:00 p.m..
May 1–November 1, 24
Hours.
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TABLE 2—LIST OF SEWAGE PUMPOUT SERVICES CAPABLE OF SERVING LARGE COMMERCIAL VESSELS IN THE PROPOSED
LAKE ERIE NDZ
No.
Location &
contact
information
# of sewage
hauler pumpout
trucks/holding
capacity
Days and hours
of operation
Hose fittings &
length (feet)
Head
pump
pressure to
reach 46.5
Ft
Truck
serve the
port area
22 Simme
Road, Lancaster, NY
14086, Tel—
716–683–
0704.
7130 Olean
Road, South
Wales, NY
14139, Tel—
716–652–
0553.
3045 Daniels
Road, Wilson,
NY 14172,
Tel—716–
751–9611.
3725 Jeffrey
Blvd.,
Blasdell,
NY14219,
Tel—716–
823–3606.
3 sewage
trucks—2
4,000 gal and
1—2,500 gal.
Mon–Fri 7:00
a.m.–5:00
p.m.; or by
appointment.
Flexible 100 ft ..
Yes ..........
Yes ..........
$ 230
3 sewage
trucks—3,500
gal each.
Mon–Fri 8:00
a.m.–2:00
p.m.; or by
appointment.
Flexible up to
175 ft.
Yes ..........
Yes ..........
255
2 sewage
trucks—4,000
gal each.
Mon–Fri 7:00
a.m.–5:00
p.m.; or by
appointment.
Flexible up to
200 ft.
Yes ..........
Yes ..........
350
2 sewage
trucks—1,000
gal and 5,000
gal.
Mon–Fri 6:00
a.m.–4:30
p.m.; or by
appointment.
Flexible up to
200 ft.
Yes ..........
Yes ..........
230
Name of
company
1 ...............
Macken Services, Inc.
2 ...............
Meyer Septic
Service.
3 ...............
Western New
York Septic
Tank Cleaning Service.
4 ...............
Ball Toilet &
Septic Service.
Based on the above, the 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 area of Lake Erie. A 30 day period
for public comment has been opened on
this matter, and the EPA invites any
comments relevant to its proposed
determination. If, after the public
comment period ends, the EPA makes a
final affirmative determination that
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available for the New York State area of
Lake Erie, the State may completely
prohibit the discharge from all vessels of
any sewage, whether treated or not, into
such waters.
Dated: September 17, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013–23688 Filed 9–26–13; 8:45 am]
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9901–48–OGC]
Proposed Settlement Agreement
Environmental Protection
Agency (EPA).
AGENCY:
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Notice of proposed settlement
agreement; request for public comment.
ACTION:
In accordance with section
113(g) of the Clean Air Act, as amended
(‘‘Act’’), notice is hereby given of a
proposed settlement agreement to
address a lawsuit filed by the American
Forest & Paper Association, Inc. and
American Wood Council (‘‘Petitioners’’)
in the United States Court of Appeals
for the District of Columbia: American
Forest and Paper Association, Inc. and
American Wood Council v. EPA, No.
12–1452 (D.C. Cir.). Petitioners filed a
petition for review challenging EPA’s
final rule entitled ‘‘Mandatory Reporting
of Greenhouse Gases; Final Rule,’’ (Oct.
30, 2009) (‘‘GHG Reporting Rule’’).
Under the terms of the proposed
settlement agreement, Petitioners would
dismiss their claims if, at the conclusion
of a rulemaking process that has
included notice and an opportunity for
public comment, EPA promulgates in
final form an amendment to the GHG
Reporting Rule that includes changes
that are substantially the same
substance as set forth in Attachment A
to the proposed settlement agreement.
Nothing in the proposed settlement
agreement limits or modifies EPA’s
discretion under the Clean Air Act.
SUMMARY:
Written comments on the
proposed settlement agreement must be
received by October 28, 2013.
DATES:
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Fee/cost
per 1,000
gal
Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2013–0181, online at
www.regulations.gov (EPA’s preferred
method); by email to oei.docket@
epa.gov; by mail to EPA Docket Center,
Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
or by hand delivery or courier to EPA
Docket Center, EPA West, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC, between 8:30 a.m. and
4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on
a disk or CD–ROM should be formatted
in Word or ASCII file, avoiding the use
of special characters and any form of
encryption, and may be mailed to the
mailing address above.
FOR FURTHER INFORMATION CONTACT:
Ragan Tate, Air and Radiation Law
Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone: (202)
564–7382; fax number (202) 564–5603;
email address: tate.ragan@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Additional Information About the
Proposed Settlement Agreement
The proposed settlement agreement
would resolve a lawsuit filed by the
American Forest & Paper Association,
Inc. and American Wood Council
seeking to compel the Agency to
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]]>Agencies
[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59681-59684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23688]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9901-45-Region2]
New York State Prohibition of Discharges of Vessel Sewage;
Receipt of Petition and Tentative Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Receipt of petition and tentative affirmative determination.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, pursuant to Clean Water Act
Section 312(f)(3), the State of New York has determined that the
protection and enhancement of the quality of the New York State (NYS or
the State) area of Lake Erie requires greater environmental protection,
and has petitioned the United States Environmental Protection Agency,
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.
NYS has proposed to establish a ``Vessel Waste No Discharge Zone''
for the NYS area of Lake Erie stretching from the Pennsylvania-New York
State boundary to include the upper Niagara River to Niagara Falls. The
proposed No Discharge Zone encompasses approximately 593 square miles
and 84 linear shoreline miles, including the navigable portions of the
Upper Niagara River and numerous other tributaries and harbors,
embayments of the Lake including Barcelona Harbor, Dunkirk Harbor and
Buffalo Outer Harbor, and other formally designated habitats and
waterways of local, state, and national significance.
On December 6, 2012, the EPA completed the review of NYS's petition
and issued a tentative affirmative determination in the Federal
Register that adequate facilities for the safe and sanitary removal and
treatment of sewage from all vessels for such waters are reasonably
available. During the 30-day public comment period, the EPA received
significant comments regarding the availability of adequate pumpouts
for commercial vessels. Specifically, two commenters submitted that the
December 6, 2012 notice did not contain adequate information about the
availability of pumpout facilities for large commercial vessels.
Therefore, the EPA and New York State collected additional information
to demonstrate the reasonable availability of pumpout services for
commercial vessels that use the New York area of Lake Erie. The EPA
hereby republishes its tentative affirmative determination with the
additional information included.
DATES: Comments regarding this tentative determination are due by
October 28, 2013.
Petition: The Lake Erie No Discharge Zone Petition is available at:
https://www.epa.gov/region2/water/permits.html.
ADDRESSES: You may submit comments by any of the following methods:
Email: chang.moses@epa.gov. Include ``Comments on
Tentative Affirmative Decision for NYS Lake Erie 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
[[Page 59682]]
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.)
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 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 area of Lake
Erie.
New York State's Certification of Need
The New York State Department of Environmental Conservation (DEC)
developed its 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 the New York State area of Lake Erie, and has submitted a
Certification of the Need for Greater Protection and Enhancement of
Lake Erie waters. Below is a summary of the basis for New York's
certification.
The Great Lakes are the largest group of freshwater lakes on Earth,
containing 95% of the fresh surface water in the United States and
acting as the largest single reservoir on Earth. The glacial history
and the influence of the Lakes themselves create unique conditions that
support a wealth of biological diversity, including over 200 globally
rare plants and animals and more than 40 species that are found nowhere
else in the world.
Lake Erie is the smallest and shallowest of the Great Lakes, with
depths that range from an approximate average of 24 feet in the western
basin, to 82 feet in the deeper eastern basin. Because of its
shallowness, it warms quickly in the spring and summer and cools
quickly in the fall. As a result, Lake Erie is the most biologically
productive of the Great Lakes.
The Lake Erie watershed is also home to approximately one-third of
the total human population of the Great Lakes basin--11.6 million
people (10 million in the U.S. and 1.6 million in Canada), including 17
metropolitan areas with more than 50,000 residents. The majority, 11
million people, receive their drinking water from the Lake. Of all the
Great Lakes, Lake Erie is exposed to the greatest stress from
urbanization, industrialization and agriculture. Because the Lake Erie
basin supports the largest population, it also surpasses all the other
Great Lakes in the amount of effluent discharged from sewage treatment
plants.
There are 18 designated Significant Coastal Fish and Wildlife
Habitats in the two counties that comprise New York's Lake Erie
shoreline including: Cattaraugus Creek, Dunkirk Harbor, Buckhorn Island
Wetlands and Grand Island Tributaries. These habitats are essential to
the survival of a large portion of lake fish or wildlife population and
support populations of species which are of special concern and which
have significant commercial, recreational, and educational value.
The New York State shoreline and waters of Lake Erie also host a
variety of swimming, boating and recreational activities. These
recreational activities act as a source of revenue to the regional
economy by bringing people to the shoreline, where they patronize local
businesses.
Virtually all of Lake Erie is classified by New York State as Class
A waters. This classification means that the best uses of these waters
are for drinking, culinary or food processing purposes, recreation and
fishing, and that the waters shall be suitable for fish, shellfish, and
wildlife propagation and survival. Also, when the water in the Lake is
used as a source of drinking water, it must comply with the New York
State Department of Health's (DOH) drinking water safety standards.
There are currently six New York municipal and community water
supplies, including Buffalo and Erie County, that draw water from Lake
Erie to serve approximately 275,000 people.
In summary, as one of the nation's premier water bodies, Lake Erie
supports several important uses, including drinking water supplies,
valuable habitats, commercial shipping, recreational boating and other
recreational activities, and serves as an economic engine for the
region. The protection and enhancement of the open waters, tributaries,
harbors and embayments of the New York State area of Lake Erie require
greater protection than is afforded by applicable federal standards. An
NDZ designation covering the NYS waters of the Lake represents one
component of a comprehensive approach to water quality management,
which also includes initiatives to control point and non-point source
pollution, including pollution associated with municipal discharges,
combined sewer overflows, and storm water runoff.
Adequacy and Availability of Sewage Pumpout Facilities
Adequate pumpout facilities for recreational vessels are defined,
under the Clean Vessel Act, as one pumpout station for every 300--600
boats. See Clean Vessel Act: Pumpout Station and Dump Station Technical
Guidelines (Federal Register, Vol. 59, No. 47, March 10, 1994). Two
major sources of information were consulted to develop a reasonable
estimate of recreational vessel population. The first was DOS's Clean
Vessel Act Plan (``Statewide Plan''), released in 1996. Using data from
the Statewide Plan, the estimated number of recreational vessels in
each of the counties bordering Lake Erie is 2,029. The second source
for the State's estimate of the recreational vessel population is
boater registrations, obtained through the New York State Office of
Parks, Recreation and Historic Preservation's 2010 Boating Report
(OPRHP Report) for the counties of Erie and Chautauqua (all of which
have shoreline on Lake Erie). The data in the OPRHP Report yields an
estimate of 2,204 vessels with marine sanitation devices (MSDs) in the
respective counties, which are assumed to operate in Lake Erie.
The State provided sufficient information about fifteen pumpout
facilities that are publicly available for use by recreational and
small commercial vessels in the New York State area of Lake Erie, and
which either discharge to a holding tank, to a municipal wastewater
treatment plant or to an on-site septic system. All fifteen were
created through funding provided by the Clean Vessel Assistance Program
(CVAP), and are thus required to be open to the public. Nine additional
marinas are located along Lake Erie in New York State, including five
at which CVAP funding could support the development of future pumpout
facilities for recreational and small commercial vessels. However, only
the fifteen CVAP funded facilities were considered in determining the
adequacy and availability of pumpout facilities for those vessels.
Those facilities are summarized in Table 1, below. Using those fifteen
facilities, and the most conservative estimate of small vessel usage of
the NYS area of the Lake, the ratio of pumpout facilities to
recreational vessels is 15:2,204, or 1:147. This ratio falls well
within the range recommended in the Clean Vessel Act guidance, and
therefore demonstrates that adequate pumpout facilities for the safe
and sanitary
[[Page 59683]]
removal and treatment of sewage for recreational and small commercial
vessels are reasonably available for the New York State area of Lake
Erie.
Lake Erie is also used by large commercial vessels. The commercial
vessel population was estimated using data from the National Ballast
Information Clearinghouse, which records ballast water discharge
reports for ships arriving, among other places, at the commercial ports
in Buffalo and Lackawanna. In 2010, ballast manifests showed 62 vessels
arriving at the Port of Buffalo and one arriving at the Gateway
Metroport, in Lackawanna. The majority (58) of these vessels were
bulkers, with two passenger ship arrivals and one more listed as
``other.'' The single arrival in Lackawanna was also a bulker. Two
commenters representing commercial vessel operators submitted comments
stating that more than 62 large commercial vessels use the New York
State area of Lake Erie. One commenter estimated that the number was
closer to 80, while the other commenter estimated that the number was
``over a hundred.''
Although there is no fixed commercial vessel pumpout facility at
either the Port of Buffalo or the Port of Lackawanna, information
submitted in the petition, and by companies that provide mobile pumpout
services, demonstrates that at least four companies are available and
qualified to provide pumpout services to large commercial vessels at
either port. In addition to commenting on the number of commercial
vessels using the NYS area of Lake Erie, the two commenters submitted
criteria they believe are necessary for determining whether a pumpout
truck is able to service their vessels. Those criteria were taken into
consideration, and were partially incorporated into the list of final
criteria the EPA used to determine the reasonable availability of those
services. In addition, one commenter confirmed that, while large
commercial vessels can hold multiple thousands of gallons of
wastewater, it is more likely that when these vessels discharge sewage,
their holding tanks contain less than 4,000 gallons of wastewater.
Based on all of this information, the EPA had determined that four
mobile pumpout companies, with approximately ten pumpout trucks (listed
in Table 2, below), are able to provide pumpout services to large
commercial vessels at the ports of Buffalo and Lackawanna. Assuming,
conservatively, that 100 large commercial vessels use the NYS area of
Lake Erie and given that at least four companies with as many as ten
pumpout trucks are able to provide pumpout services to these vessels at
both New York ports, the ratio of pumpout facilities to commercial
vessels is at least 4:100, or 1:25. While the Clean Vessel Act guidance
applies, by its terms, only to recreational vessels, the ratio it
recommends is instructive for purposes of determining the reasonable
availability of pumpout services for large commercial vessels as well.
In light of the relatively low ratio of pumpout companies to large
commercial vessels (and the even lower ratio of pumpout trucks to large
commercial vessels), adequate pumpout facilities for the safe and
sanitary removal of sewage for large commercial vessels are reasonably
available for the New York State area of Lake Erie.
Table 1--List of Sewage Pumpout Stations in the Proposed Lake Erie NDZ Serving Recreational and Small Commercial Vessels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water
No. Name Location Contact Days and hours of depth Fee
information operation (feet)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.................................... City of Dunkirk-- Dunkirk Harbor......... 716-366-9882 April 1-November 15, 6 6'-7' $5.00
Municipal Dock. a.m.-6 p.m..
2.................................... Niagara Frontier Trans. Buffalo Harbor and 716-855-7230 May 15-October 15, 7:00 6'-8' 0.00
Authority--Small Boat Buffalo River. a.m.-10:30 p.m..
Harbor.
3.................................... RCR Yachts Skyway Buffalo Harbor and 716-856-6314 April 1-November 30, 12' 5.00
Marina. Buffalo River. 8:30 a.m.-5:30 p.m..
4.................................... City of Buffalo--Erie Buffalo Harbor and 716-851-5389 May 1-October 15, 7:00 10' 6.50
Basin Marina. Buffalo River. a.m.-7:00 p.m..
5.................................... Rich Marine Sales, Inc. Buffalo Harbor and 716-873-4060 May 1-November 1, 9:00 6' 5.00
Buffalo River. a.m.-5:00 p.m..
6.................................... Harbour Place Marine Buffalo Harbor and 716-876-5944 April 15-October 31, 24 12' 5.00
Sales, Inc. Buffalo River. Hours.
7.................................... NYSOPRHP--Beaver Island Grand Island........... 716-278-1775 May 15-October 15, 24 10' 5.00
State Park Transient Hours.
Marina.
8.................................... Blue Water Marine...... Grand Island........... 716-773-7884 May 1-November 1, 9:00 5' 0.00
a.m.-7:00 p.m..
9.................................... Mid River Marina Inc... Tonawanda Creek........ 716-875-7447 April 1-September 30, 5' 5.00
9:00 a.m.-6:00 p.m..
10................................... Collins Marine Inc..... Tonawanda Creek........ 716-875-6000 April 1-November 1, 24 6' 5.00
Hours.
11................................... The Shores/Placid Tonawanda Creek........ 716-625-8235 April 15-October 15, 12' 5.00
Harbor Marine-- 9:00 a.m.-9:00 p.m..
Tonawanda Marine
Develop Corp..
12................................... Niagara River Yacht Tonawanda Creek........ 716-693-2882 May 1-November 1, Dusk- NA 3.00
Club. Dawn.
13................................... Smith Boys of North Tonawanda Creek........ 716-695-3472 April-November, 24 8' 0.00
Tonawanda--Upgrade. Hours.
14................................... East Pier Marine, Inc.. Tonawanda Creek........ 716-693-6604 May 1-November 15, 9:00 5' 5.00
a.m.-8:00 p.m..
15................................... NYSOPRHP--Big Six Mile Grand Island........... 716-278-1775 May 1-November 1, 24 10' 5.00
Creek State Marina. Hours.
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[[Page 59684]]
Table 2--List of Sewage Pumpout Services Capable of Serving Large Commercial Vessels in the Proposed Lake Erie NDZ
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
of sewage
Location & contact hauler pumpout Days and hours of Hose fittings & Head pump Truck serve the Fee/cost
No. Name of company information trucks/holding operation length (feet) pressure to reach port area per 1,000
capacity 46.5 Ft gal
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1................................ Macken Services, Inc 22 Simme Road, 3 sewage trucks--2 Mon-Fri 7:00 a.m.- Flexible 100 ft..... Yes.............. Yes.............. $ 230
Lancaster, NY 4,000 gal and 1-- 5:00 p.m.; or by
14086, Tel--716-683- 2,500 gal. appointment.
0704.
2................................ Meyer Septic Service 7130 Olean Road, 3 sewage trucks-- Mon-Fri 8:00 a.m.- Flexible up to 175 Yes.............. Yes.............. 255
South Wales, NY 3,500 gal each. 2:00 p.m.; or by ft.
14139, Tel--716-652- appointment.
0553.
3................................ Western New York 3045 Daniels Road, 2 sewage trucks-- Mon-Fri 7:00 a.m.- Flexible up to 200 Yes.............. Yes.............. 350
Septic Tank Wilson, NY 14172, 4,000 gal each. 5:00 p.m.; or by ft.
Cleaning Service. Tel--716-751-9611. appointment.
4................................ Ball Toilet & Septic 3725 Jeffrey Blvd., 2 sewage trucks-- Mon-Fri 6:00 a.m.- Flexible up to 200 Yes.............. Yes.............. 230
Service. Blasdell, NY14219, 1,000 gal and 5,000 4:30 p.m.; or by ft.
Tel--716-823-3606. gal. appointment.
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Based on the above, the 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 area of Lake Erie. A 30 day period for
public comment has been opened on this matter, and the EPA invites any
comments relevant to its proposed determination. If, after the public
comment period ends, the EPA makes a final affirmative determination
that adequate facilities for the safe and sanitary removal and
treatment of sewage from all vessels are reasonably available for the
New York State area of Lake Erie, the State may completely prohibit the
discharge from all vessels of any sewage, whether treated or not, into
such waters.
Dated: September 17, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-23688 Filed 9-26-13; 8:45 am]
BILLING CODE 6560-50-P
