New York State Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination, 35347-35351 [2014-14489]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 119 (Friday, June 20, 2014)]
[Notices]
[Pages 35347-35351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14489]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9912-58-Region 2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Determination.

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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 a 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. 
Subsequently, 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.

EPA Response to Public Comments on the September 27, 2013 Tentative 
Affirmative Determination

    On September 27, 2013, EPA published notice of its tentative 
affirmative determination (``TAD'') that adequate facilities for the 
safe and sanitary removal and treatment of sewage from all vessels are 
reasonably available within the New York State waters of Lake Erie, and 
its approval of New York's proposal to ban the discharge of treated and 
untreated sewage from vessels into those waters under Clean Water Act 
(``CWA'') Sec.  312(f)(3). (78 FR 59681) Public comments were solicited 
for 30 days and the comment period ended on October 28, 2013.
    EPA received a total of eight comments via letter and email. Six of 
the commenters support EPA's tentative affirmative determination and 
two commenters oppose it. All of the relevant comments received have 
been considered, as discussed below, and EPA hereby issues a final 
affirmative determination that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available within the New York State waters of Lake Erie.
    Comment 1: Several commenters, including boaters, residents, Non-
Governmental Organizations (NGOs) and community advocates, expressed 
strong support for the establishment of a vessel waste no discharge 
zone (``NDZ'') for the New York waters of Lake Erie. Some commenters 
pointed out that this action will reduce pathogens and chemicals, 
improve water quality and further protect drinking water and restore 
the Lake.
    Response: The petition was submitted under CWA Sec.  312(f)(3), 
which allows New York to establish a vessel sewage no discharge zone if 
the state determines that the protection and enhancement of the quality 
of some or all of the waters within the state require greater 
environmental protection and if EPA determines that adequate facilities 
for the safe and sanitary removal and treatment of sewage from all 
vessels are reasonably available within those waters. Therefore, while 
these comments are consistent with New York's determination of need, 
that determination is beyond the scope of EPA's review.
    Comment 2: Two commenters stated that New York's petition did not 
include the additional information about available commercial pumpout 
trucks that was included in the republication.
    Response: In a letter to EPA dated September 6, 2013, prior to the

[[Page 35348]]

republication, DEC supplemented its petition with the commercial 
pumpout information, and that information was subject to public review 
and comment in the pending TAD.
    Comment 3: Two commenters stated that the petition did not include 
the information required to be submitted by New York State under 40 CFR 
140.4(a).
    Response: The commenters did not specify what information was 
allegedly missing from New York's petition, and EPA has determined that 
New York's petition supports a finding that adequate facilities for the 
safe and sanitary removal and treatment of sewage from commercial 
vessels are reasonably available. Specifically, the petition contains 
information demonstrating that four pumpout truck companies are 
available to serve the ports of Buffalo and Lackawanna, with a total of 
ten trucks and a total pumpout capacity of 33,500 gallons.
    Comment 4: Two commenters stated that the public record is 
inadequate because it does not include any communications with, or 
information provided by, the vendors to support EPA's determination and 
because several questions suggested by the commenters were not asked of 
the vendors.
    Response: EPA is not required to publish all of its, or the 
state's, fact-finding communications, as long as the data relied upon 
by EPA is published and subject to public scrutiny and comment. The 
Federal Register notice for the pending TAD contained all of the data 
and criteria upon which EPA based its tentative determination, 
including two criteria (hose fittings, flexibility and length, and head 
pump pressure) that were suggested by the same two commenters and 
incorporated by EPA and DEC in their evaluation of the adequacy of the 
commercial pumpout companies. Other questions suggested by the two 
commenters were deemed by EPA and DEC to be irrelevant to EPA's 
determination, and therefore were not explored. For example, the 
commenters asked that the petition include references, insurance 
coverage, port access agreements, spill procedures, employee training 
information, and testing and labeling of hoses, none of which is 
required by the law or is otherwise necessary for EPA's determination.
    Comment 5: Two commenters stated that three of the four commercial 
pumpout companies ``declined to service [their] vessels outright (two 
in writing, one orally),'' and submitted a copy of a fax from Macken 
Services, Inc., an email from Ball Toilet and Septic Service and an 
email from Western New York Septic Tank Cleaning Service purporting to 
demonstrate those declinations.
    Response: The purported declinations are responses to a different 
and more elaborate survey that the commenters sent to the companies, 
which contains several questions that are irrelevant to EPA's finding 
of adequacy. Therefore, a refusal to answer that survey is not 
equivalent to a refusal to provide the pumpout services that the 
companies specifically told EPA and DEC that they could provide. 
Additionally, the purported response from Macken Services, Inc, is 
actually consistent with EPA's findings, even if it doesn't answer all 
of the commenter's additional questions to their satisfaction. Further, 
the responses from Ball Toilet and Septic Service and Western New York 
Septic Tank Cleaning Services are not specific about which questions 
they are responding to, and therefore, do not rebut the answers that 
the companies provided for New York's petition. Finally, there is no 
evidence of the purported oral declination. While it might be presumed 
that the commenters are referring to Meyer Septic Service (because the 
comments do not include any purported written declination from Meyer), 
there is no evidence or description of that alleged oral declination.
    Comment 6: Two commenters stated that Ball Toilet and Septic 
Service does not meet the minimum criteria because it has no spill 
control plan or sewage pumping training, and because it only has three 
trucks, with holding tanks that are too small for vessels that hold 
4,000-111,000 gallons, require 3 hours advance notice, and cannot 
guarantee their availability.
    Response: A spill control plan is not required for EPA to determine 
that the pumpout services are reasonably available. Regarding the 
holding capacity of the pumpout trucks, during the previous public 
comment period, one of these commenters submitted evidence to EPA that 
their members' vessels typically discharge sewage while holding less 
than 3,000 gallons, and, among the four companies that are available to 
provide pumpout truck services, there are a total of eight trucks with 
tanks equal to or greater than 3,500 gallons. Therefore, the pumpout 
truck companies have sufficient capacity to meet the needs of the 
commenters' vessels. Moreover, one commenter states that its members' 
vessels call on the Port of Buffalo 80 times per year (every 4-5 days), 
and another commenter states that its members' vessels each transit 
through the New York portion of Lake Erie approximately 30 times per 
year (also see Comment 10, below). These numbers are consistent with 
the numbers contained in the petition, and with EPA's determination 
that the four pumpout truck companies are capable of serving the waste 
disposal needs of the commenters' members' vessels.
    Comment 7: One commenter stated that New York's petition should be 
denied because EPA Region 5 denied a petition from Ohio, in 2004, to 
designate the Ohio section of Lake Erie a no discharge zone.
    Response: Ohio's petition submitted 10 years ago has no bearing on 
the instant determination because EPA must evaluate each petition on 
its own facts and merits in determining whether adequate facilities for 
the safe and sanitary removal and treatment of sewage from all vessels 
are reasonably available.
    Comment 8: Two commenters stated that New York's petition does not 
establish the need for greater environmental protection because their 
members' discharges conform to Coast Guard standards for marine 
sanitation devices (``MSDs'') and Canadian effluent limitations for 
commercial vessels, respectively, and therefore pose no threat to human 
health or the marine environment.
    Response: Section 312(f) of the CWA specifically contemplates the 
imposition of a ban on the discharge of treated or untreated sewage, 
notwithstanding any other requirements to control or limit pollutants 
in those discharges. Furthermore, EPA's determination in the instant 
matter is limited to evaluating the adequacy of pumpout facilities, and 
does not include a review of the adequacy of New York's Certification 
of Need or the water quality impacts of any particular pollutant or 
source.
    Comment 9: One commenter stated that the establishment of a NDZ is 
an inadequate solution to water pollution in Lake Erie and also argues 
that its members' vessels should be exempt from the ban because the 
petition does not demonstrate that they are a significant source of 
water pollution.
    Response: Section 312(f) of the CWA does not require that the NDZ 
be a total solution to all water pollution problems in the proposed 
NDZ, or that the state demonstrate that any particular vessels are a 
significant source of pollution.
    Comment 10: One commenter stated that EPA understates the vessel 
traffic in the proposed NDZ, and that the number is closer to 3,000 
transits per year for its 100 member vessels.
    Response: This number of vessels contradicts the commenter's claim, 
in the same comment letter, that it has 80

[[Page 35349]]

member vessels. In any event, as noted above, even assuming 3,000 
transits for 100 vessels, each vessel would make, on average, 30 
transits per year. Furthermore, not every vessel will need to discharge 
every time it transits through the Lake Erie NDZ.
    Comment 11: Two commenters stated that EPA has failed to answer the 
state's petition within the 90 days required under the regulations, and 
therefore lacks authority to make the determination.
    Response: EPA extended the public comment period and its 
consideration of this petition, including issuing a second TAD with 
additional information, in response to the same commenters' request for 
an extension of time to comment on the first TAD and the same 
commenters' request, which EPA granted, for a meeting in order to share 
their concerns about the petition. Therefore, those commenters have not 
been harmed by EPA's extended consideration of the petition and have no 
valid objection to the extended timeline for which they advocated and 
from which they benefitted.
    Comment 12: One commenter stated that the petition should have been 
reviewed under CWA Sec.  312(f)(4)(B), as a request to only ban vessel 
sewage discharges in specified drinking water intake zones.
    Response: The petition was submitted under CWA Sec.  312(f)(3). 
While New York notes in the petition that much of the proposed zone 
could be designated as an NDZ under CWA Sec.  312(f)(4)(B), which 
allows for the establishment of NDZs in drinking water intake zones, 
the petition goes on to state that, in order to designate the entire 
New York State section of Lake Erie as an NDZ, the state was submitting 
the information required for a CWA Sec.  312(f)(3) petition, namely a 
Certification of Need, and a demonstration of the adequacy of pumpout 
facilities. Significantly, the petition contains no information about 
the location or extent of drinking water intake zones, nor does it 
contain any request to create NDZs in drinking water intake zones.

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 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

[[Page 35350]]

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 Act (CVA) Grant 
Program, 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 CVA funding could support the development of 
future pumpout facilities for recreational and small commercial 
vessels. However, only the fifteen CVA-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 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 Lake Erie NDZ Serving Recreational and Small Commercial Vessels
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                                                                                              Water
    Number             Name              Location           Contact      Days and hours of    depth       Fee
                                                          information        operation        (feet)
----------------------------------------------------------------------------------------------------------------
1............  City of Dunkirk-     Dunkirk Harbor....    716-366-9882  April 1-November        6'-7'      $5.00
                Municipal Dock.                                          15, 6 a.m.-6 p.m..
2............  Niagara Frontier     Buffalo Harbor and    716-855-7230  May 15-October 15,      6'-8'       0.00
                Trans. Authority--   Buffalo River.                      7:00 a.m.-10:30
                Small Boat Harbor.                                       p.m..
3............  RCR Yachts Skyway    Buffalo Harbor and    716-856-6314  April 1-November          12'       5.00
                Marina.              Buffalo River.                      30, 8:30 a.m.-
                                                                         5:30 p.m..
4............  City of Buffalo--    Buffalo Harbor and    716-851-5389  May 1-October 15,         10'       6.50
                Erie Basin Marina.   Buffalo River.                      7:00 a.m.-7:00
                                                                         p.m..
5............  Rich Marine Sales,   Buffalo Harbor and    716-873-4060  May 1-November 1,          6'       5.00
                Inc..                Buffalo River.                      9:00 a.m.-5:00
                                                                         p.m..
6............  Harbour Place        Buffalo Harbor and    716-876-5944  April 15-October          12'       5.00
                Marine Sales. Inc.   Buffalo River.                      31, 24 Hours.
7............  NYSOPRHP--Beaver     Grand Island......    716-278-1775  May 15-October 15,        10'       5.00
                Island State Park                                        24 Hours.
                Transient Marina.

[[Page 35351]]

 
8............  Blue Water Marine..  Grand Island......    716-773-7884  May 1-November 1,          5'       0.00
                                                                         9:00 a.m.-7:00
                                                                         p.m..
9............  Mid River Marina     Tonawanda Creek...    716-875-7447  April 1-September          5'       5.00
                Inc.                                                     30, 9:00 a.m.-
                                                                         6:00 p.m..
10...........  Collins Marine Inc.  Tonawanda Creek...    716-875-6000  April 1-November           6'       5.00
                                                                         1, 24 Hours.
11...........  The Shores/Placid    Tonawanda Creek...    716-625-8235  April 15-October          12'       5.00
                Harbor Marine--                                          15, 9:00 a.m.-
                Tonawanda Marine                                         9:00 p.m..
                Develop Corp.
12...........  Niagara River Yacht  Tonawanda Creek...    716-693-2882  May 1-November 1,          NA       3.00
                Club.                                                    Dusk-Dawn.
13...........  Smith Boys of North  Tonawanda Creek...    716-695-3472  April-November, 24         8'       0.00
                Tonawanda--Upgrade.                                      Hours.
14...........  East Pier Marine,    Tonawanda Creek...    716-693-6604  May 1-November 15,         5'       5.00
                Inc.                                                     9:00 a.m.-8:00
                                                                         p.m..
15...........  NYSOPRHP--Big Six    Grand Island......    716-278-1775  May 1-November 1,         10'       5.00
                Mile Creek State                                         24 Hours.
                Marina.
----------------------------------------------------------------------------------------------------------------


                   Table 2--List of Sewage Pumpout Services Capable of Serving Large Commercial Vessels in the Proposed, Lake Erie NDZ
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                   Fee/
                                                           Number of sewage                                             Head pump   Truck serve    cost
    Number       Name of company     Location & contact     hauler pumpout     Days and hours of     Hose fittings &   pressure to    the port     per
                                        information         trucks/holding         operation         length  (feet)     reach 46.5      area      1,000
                                                               capacity                                                     ft                     gal
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............  Macken Services,     22 Simme Road,       3 sewage trucks--2   Mon-Fri 7:00 a.m.-   Flexible 100 ft...  Yes........  Yes........     $230
                Inc.                 Lancaster, NY        4,000 gal and 1--    5:00 p.m.; or by
                                     14086, Tel--716      2,500 gal.           appointment.
                                     683 0704.
2............  Meyer Septic         7130 Olean Road,     3 sewage trucks--    Mon-Fri 8:00 a.m.-   Flexible up to 175  Yes........  Yes........      255
                Service.             South Wales, NY      3,500 gal each.      2:00 p.m.; or by     ft.
                                     14139, Tel--716                           appointment.
                                     652 0553.
3............  Western New York     3045 Daniels Road,   2 sewage truck--     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 &        3725 Jeffrey Blvd.,  2 sewage truck--     Mon-Fri 6:00 a.m.-   Flexible up to 200  Yes........  Yes........      230
                Septic Service.      Blasdell, NY         1,000 gal and        4:30 p.m.; or by     ft.
                                     14219, Tel--716      5,000 gal.           appointment.
                                     823 3606.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the information above, the 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 area of Lake Erie.

    Dated: June 4, 2014.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2014-14489 Filed 6-19-14; 8:45 am]
BILLING CODE 6560-50-P