New York State Prohibition of Discharges of Vessel Sewage; Notice of Final Determination, 54281-54283 [2015-22694]
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Dated: September 2, 2015.
Kimberly D. Bose,
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[FR Doc. 2015–22645 Filed 9–8–15; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9933–54–Region 2]
New York State Prohibition of
Discharges of Vessel Sewage; Notice
of Final Determination
Environmental Protection
Agency.
ACTION: Notice of determination.
AGENCY:
Notice is hereby given that,
pursuant to 33 CFR 1322(f)(3) and 40
CFR 140.4(a), the State of New York has
determined that the protection and
enhancement of the waters of Seneca
Lake, Cayuga Lake, the Seneca River
and tributaries thereto require greater
environmental protection than the
applicable Federal standards provide
and 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 the waters of Seneca Lake,
Cayuga Lake and the Seneca River, so
that the State may completely prohibit
the discharge from all vessels of any
sewage, whether treated or not, into
such waters. New York State proposes
to establish a vessel waste No Discharge
Zone (NDZ) covering the approximately
150 square miles of connected waters
and tributaries of Seneca Lake, Cayuga
Lake and the Seneca River.
FOR FURTHER INFORMATION CONTACT:
Moses Chang, (212) 637–3867, email
address: chang.moses@epa.gov .
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the State of New York
(NYS or State) has petitioned the United
States Environmental Protection
Agency, Region 2, 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
Seneca Lake, Cayuga Lake and the
Seneca River.
Adequate facilities are defined as one
sewage pumpout station for every 300 to
600 boats pursuant to the Clean Vessel
Lhorne on DSK5TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
14:19 Sep 08, 2015
Jkt 235001
Act: Pumpout Station and Dump Station
Technical Guidelines (Federal Register,
Vol. 59, No. 47, March 10, 1994).
On April 17, 2015, EPA published
notice of its tentative affirmative
determination that adequate facilities
for the safe and sanitary removal and
treatment of sewage from all vessels are
reasonably available for Seneca Lake,
Cayuga Lake and the Seneca River, 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’’) § 312(f)(3). (78 FR 59681,
September 27, 2013) EPA solicited
public comments for 30 days, and the
comment period ended on May 17,
2015. EPA received a total of twenty two
comments via letter and email. All of
the twenty two commenters support
EPA’s proposed determination. 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 Seneca Lake, Cayuga Lake and
the Seneca River.
EPA Response to Public Comments on
the April 17, 2015 Tentative
Affirmative Determination
Comment 1: Several commenters,
including boaters, residents, NonGovernmental Organizations (NGOs)
and community advocates expressed
strong support for the establishment of
a vessel waste no discharge zone
(‘‘NDZ’’) for Seneca Lake, Cayuga Lake,
the Seneca River and tributaries thereto.
Some commenters pointed out that this
action will reduce pathogens and
chemicals, improve water quality and
further protect drinking water, wildlife
habitats and restore the lakes.
EPA Response: The petition was
submitted under CWA § 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. These comments are consistent
with New York’s determination of need.
Comment 2: One commenter
suggested that stricter enforcement
regulations for sewage discharge in
Seneca Lake, Cayuga Lake and the
Seneca River are needed.
EPA Response: We appreciate this
comment. EPA’s determination in the
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
54281
present action is limited to whether
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available within Seneca Lake, Cayuga
Lake and the Seneca River and does not
address the adequacy of enforcement of
the proposed ban. This comment is
noted but is beyond the scope of EPA’s
determination on this matter.
Comment 3: One commenter supports
the proposed NDZ and suggests that
EPA and DEC do more to protect water
quality from land use changes, pollution
discharges and energy development.
EPA Response: We appreciate this
comment. As noted above, EPA’s
determination in the present action is
limited to whether adequate facilities
for the safe and sanitary removal and
treatment of sewage from all vessels are
reasonably available within Seneca
Lake, Cayuga Lake and the Seneca River
and does not address the need for
additional efforts to protect water
quality. This comment is noted but is
beyond the scope of EPA’s
determination on this matter.
Certification of Need: New York’s
petition contains a certification by the
Commissioner of the New York State
Department of Environmental
Conservation (NYSDEC) that the
protection and enhancement of Seneca
Lake, Cayuga Lake, the Seneca River
and the navigable tributaries thereto,
requires greater environmental
protection than the applicable Federal
standards provide. The certification
states that Seneca Lake and Cayuga Lake
are water bodies of unique ecological,
economic and public health
significance, as well as drinking water
sources. Pathogens and chemicals
contained in the currently-lawful
effluent from discharging marine
sanitation devices (MSDs) threaten
public health and the environment and
contravene the State’s ongoing efforts to
control point and non-point source
pollution from municipal discharges,
combined sewer overflows and storm
water runoff. The proposed NDZ
represents one component of a
comprehensive approach to water
quality management. Protecting Seneca
Lake, Cayuga Lake and the Seneca River
warrants this greater level of
environmental protection in order to
maintain excellent water quality,
prevent future degradation and speed
the recovery of impaired segments.
Seneca Lake is the largest and deepest
of all the Finger Lakes at 4.2 trillion
gallons in volume and 291 feet in
average depth. The maximum depth of
the lake is 618 feet. The Seneca Lake
Watershed comprises 14% of the greater
Oswego River Watershed. While the
E:\FR\FM\09SEN1.SGM
09SEN1
54282
Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices
water quality of the lake is generally
good, the lake is on the NYSDEC
Priority Waterbody List as a Water with
Minor Impacts. This means that the
current uses of the lake are fully
supported but some negative water
quality impacts have been observed and
action must be taken to ensure that the
water will continue to support its uses
in the future. Pollutants that negatively
impact the lake include pathogens and
oxygen demand from the Watkins Glen
wastewater treatment plant and general
lakeside activities as well as sediment
from eroding stream banks and steep
slopes surrounding the lake. As part of
its broader efforts to protect and
enhance the water quality of Seneca
Lake, New York seeks to eliminate the
discharge of pathogens and chemicals
from all vessels using the lake.
Cayuga Lake has a maximum depth of
435 feet and a volume of about 2.5
trillion gallons. The Cayuga Lake
Watershed comprises 15% of the greater
Oswego River Watershed. While the
water quality of Cayuga Lake is
generally good, the northern to midsouth portions of the lake are on the
NYSDEC Priority Waterbody List as
Threatened Segments because of the
lake’s significant value as a drinking
water resource. As part of its broader
effort to preserve and enhance water
quality to maintain the lake’s use as
drinking waters with minimal required
treatment, New York seeks to eliminate
the discharge of pathogens and
chemicals from all vessels using the
lake.
Adequacy of Sewage Removal and
Treatment Facilities
In determining whether adequate
facilities exist for the safe and sanitary
removal and treatment of sewage from
all vessels using a water body, EPA
relies on the ‘‘Clean Vessel Act:
Pumpout Station and Dump Station
Technical Guidelines,’’ (59 FR 11290)
published by the U.S. Department of the
Interior (DOI), which provides that at
least one pumpout station should be
provided for every 300 to 600 boats over
16 feet in length. The guidance also
provides that approximately 20% of
boats between 16 and 26 feet, 50% of
boats between 26 and 40 feet and all
vessels over 40 feet in length can be
assumed to have an installed toilet with
some type of MSD. Vessels below 16
feet in length are generally presumed
not to have an MSD onboard.
Estimated Vessel Population
In support of its petition, New York
provided information on the vessel
population in the proposed NDZ. The
population of recreational vessels using
Seneca Lake, Cayuga Lake and the
Seneca River was estimated based on
the New York State Office of Parks,
Recreation and Historic Preservation’s
2012 Boating Report (OPRHP Report) for
the counties of Cayuga, Ontario,
Schuyler, Seneca, Steuben, Tompkins
and Yates, which surround the lakes.
While it is very unlikely that every
single vessel registered in these counties
will operate in the proposed NDZ
simultaneously, the state took a
conservative approach and considered
all boats registered in these counties as
part of the overall recreational vessel
population of the proposed NDZ.
According to the OPRHP Report, in
the seven counties surrounding the
proposed NDZ, there are 16,740
registered boats between 16 and 25 feet
long, 1,161 boats between 26 and 40 feet
long and 71 boats over 40 feet long.
Applying the percentages in the DOI
guidance yields an estimate of 3,967
recreational vessels with MSDs that
operate in the proposed NDZ.
The population of commercial vessels
using Seneca Lake, Cayuga Lake and the
Seneca River was estimated based on
information provided by the Genesee
Finger Lakes Regional Planning Board
and the Finger Lakes Institute as well as
information obtained from the Internet.
According to these sources, the majority
of commercial vessels operating in the
proposed NDZ are chartered fishing
boats. There are at least 18 charter
services that operate primarily in
Seneca Lake and Cayuga Lake, as well
as 11 cruise companies. These
companies own anywhere from one to
three vessels. A conservative
assumption of 40 companies (18 charter
companies + 11 cruise companies + 11
unlisted businesses) with three vessels
Lhorne on DSK5TPTVN1PROD with NOTICES
Available Pumpout Facilities
In further support of its petition, New
York provided information on the
number of pumpout facilities available
to the recreational and commercial
vessels in the proposed NDZ. The
federal Clean Vessel Act of 1992 made
grants available to states for
construction, replacement and
renovation of recreational vessel
pumpouts. New York applied for the
first federal grant in 1994 and initiated
a statewide program known as the Clean
Vessel Assistance Program (CVAP),
managed and administered by New
York State Environmental Facilities
Corporation that has helped establish
and support 17 pumpout facilities
serving Seneca Lake, Cayuga Lake and
the Seneca River, of which two are
pumpout boats and 15 are dockside
pumpouts. EPA independently updated
and verified these pumpout information
and concluded that two pumpout boats
are out of operation and only 14
dockside pumpouts are operational. An
additional three pumpout facilities are
available to the public but are not
funded through CVAP. All these current
17 pumpout (14 CVAP + 3 non-CVAP
pumpouts = 17 pumpouts) facilities
either discharge to a holding tank, to a
municipal wastewater treatment plant
or to an on-site septic system.
While some commercial shipping
vessels are so large as to require special
docking accommodations or mobile
pumpouts to access pumpout services,
the commercial vessels that operate in
the proposed NDZ are all small enough
to use the same pumpouts that the
recreational vessels use. Therefore, the
total number of pumpout facilities
available for use by the vessels that
operate in the proposed NDZ is 17. A
list of pumpout facilities, phone
numbers, locations, hours of operation,
water depth and fees is provided below:
Contact
information
* Days and hours
of operation
Seneca Lake State Park, 42.870575/
—76.939667.
315–789–2331
Allan H Treman. State Marine Park,
42.458467/—76.513033.
Frontenac Harbor, 42.839778/—
76.695769.
607–273–3440
April 1–September 30, 24
hours.
May 1–October
15, 24 hours.
April 1–October
15, 9:00 a.m.–
4:30 p.m.
No.
Name
Location, Lat./Long.
1 .......
2 .......
Cayuga—Seneca—Lock
CS1–4.
Cayuga Lake .......
3 .......
Cayuga Lake .......
VerDate Sep<11>2014
each yields a total of 120 commercial
vessels that operate in the proposed
NDZ. As an additional conservative
assumption, all 120 commercial vessels
are assumed to have MSDs. Therefore,
there are approximately 4,090 vessels
with MSDs operating in the proposed
NDZ.
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315–889–5532
Fmt 4703
Sfmt 4703
E:\FR\FM\09SEN1.SGM
Water depth,
(feet)
Fee
6′ .........................
$2.00
7′ .........................
2.00
4′ .........................
5.00
09SEN1
Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices
54283
Contact
information
* Days and hours
of operation
Water depth,
(feet)
315–789–9513
0.00
5′ .........................
5.00
6 .......
Seneca Lake .......
Stivers (GPJ) Seneca Marine, Inc.,
42.868925/—76.939064.
315–789–5520
6′ .........................
5.00
7 .......
Cayuga Lake .......
607–272–5191
6′ .........................
0.00
8 .......
Seneca Lake .......
Johnson Boat Yard (dba)–Pierce
Cleveland, Inc., 42.452369/—
76.510231.
Montour Falls-V Municipal Marina,
42.354167/—76.853333.
4.5′ ......................
5.00
9 .......
8′ .........................
0.00
12′ .......................
5.00
11 .....
Seneca Lake .......
Oak
Island
Marine
Facility,
42.900983/—76.866894.
Hibiscus
Harbor,
42.856781/—
76.706081.
Frog Hollow Marina, 42.370636/—
76.859106.
315–539–9131
10 .....
Cayuga Seneca—
Lock CS1–4.
Cayuga Lake .......
5′ .........................
5.00
12 .....
Seneca Lake .......
315–568–2316
20′ .......................
2.00
13 .....
10′ .......................
5.00
14 .....
Cayuga-Seneca—
Lock CS1–4.
Seneca Lake .......
Seneca
Falls-V,
42.909675/—
76.795868.
Waterloo
Harbor,
42.540172/—
76.524237.
Glen Harbor Marina, 42.383099/—
76.861575.
6′ .........................
0.00
15 .....
Cayuga Lake .......
Unknown .............
0.00
16 .....
Cayuga Lake .......
6′ .........................
0.00
17 .....
Seneca Lake .......
Year round, 8:00
a.m.–7:00 p.m.
June–October,
11:00 a.m.–6:00
p.m.
May 1–Labor Day,
8:00 a.m.–8:00
p.m.
April 1–November
1, 9:00 a.m.–
5:00 p.m.
May 2–October
15, 7:00 a.m.–
7:00 p.m.
April 1–October 1,
24 hours.
April 1–November
1, 24 hours.
April 15–November 15, 9:00
a.m.–5:00 p.m.
May 1–November
1, 24 hours.
May 1–September
30, 24 hours.
April 15–October
15, 10:00 a.m.–
5:00 p.m.
April 15–October
15.
March 1–October
15.
April 15–October
20.
5′ .........................
Seneca Lake .......
Barret
Marine,
Inc.–Stationary,
42.874176/—76.935906.
Village
Marina,
42.384630/—
76.87871697.
Unknown .............
0.00
No.
Name
Location, Lat./Long.
4 .......
Seneca Lake .......
5 .......
Eagles Landing Marina, 42.072211/
—76.548915.
Taughannock Falls State Park,
42.547636/—76.595714.
Sampson
State
Park
Marina,
42.4247/—76.9119.
607–535–7910
607–210–4124
315–889–5086
607–535–2671
315–539–8848
607–535–2751
315–834–6829
607–387–6739
315–585–6392
Fee
* Please note that the actual days of operation depend on the weather.
RATIO OF PUMPOUTS FACILITIES TO VESSELS OPERATING IN THE PROPOSED NDZ
Total
pumpout
facilities
Boat:
pumpout
ratio
4,090 ........................................................................................................................................................................
Lhorne on DSK5TPTVN1PROD with NOTICES
Total boat registrations
17
241:1
Based on a total vessel population of
4,090 and 17 currently available
pumpout facilities, the ratio of boats to
pumpouts is 241:1, which means there
are significantly more pumpouts than
the recommended range of 300–600:1.
In addition, the pumpouts are well
distributed between the lakes (7 are in
Cayuga Lake and 10 are in Seneca Lake).
Based on the information above, and
after considering the relevant public
comments, EPA hereby makes a final
affirmative determination that adequate
facilities for the safe and sanitary
removal and treatment of sewage are
reasonably available for all vessels that
use the waters of Seneca Lake, Cayuga
Lake and the Seneca River. Accordingly,
pursuant to 33 CFR 1322(f)(3) and 40
CFR 140.4(a), New York may completely
prohibit the discharge from all vessels of
any sewage, whether treated or not, into
such waters.
VerDate Sep<11>2014
14:19 Sep 08, 2015
Jkt 235001
Dated: August 11, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2015–22694 Filed 9–8–15; 8:45 am]
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ACTION: Notice and request for
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AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
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E:\FR\FM\09SEN1.SGM
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Agencies
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54281-54283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22694]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9933-54-Region 2]
New York State Prohibition of Discharges of Vessel Sewage; Notice
of Final Determination
AGENCY: Environmental Protection Agency.
ACTION: Notice of determination.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that, pursuant to 33 CFR 1322(f)(3) and
40 CFR 140.4(a), the State of New York has determined that the
protection and enhancement of the waters of Seneca Lake, Cayuga Lake,
the Seneca River and tributaries thereto require greater environmental
protection than the applicable Federal standards provide and 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 the waters of Seneca Lake, Cayuga Lake and the Seneca
River, so that the State may completely prohibit the discharge from all
vessels of any sewage, whether treated or not, into such waters. New
York State proposes to establish a vessel waste No Discharge Zone (NDZ)
covering the approximately 150 square miles of connected waters and
tributaries of Seneca Lake, Cayuga Lake and the Seneca River.
FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, email
address: chang.moses@epa.gov .
SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New
York (NYS or State) has petitioned the United States Environmental
Protection Agency, Region 2, 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 Seneca Lake,
Cayuga Lake and the Seneca River.
Adequate facilities are defined as one sewage 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).
On April 17, 2015, EPA published notice of its tentative
affirmative determination that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are
reasonably available for Seneca Lake, Cayuga Lake and the Seneca River,
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, September 27, 2013) EPA
solicited public comments for 30 days, and the comment period ended on
May 17, 2015. EPA received a total of twenty two comments via letter
and email. All of the twenty two commenters support EPA's proposed
determination. 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 Seneca Lake, Cayuga Lake and the Seneca
River.
EPA Response to Public Comments on the April 17, 2015 Tentative
Affirmative Determination
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 Seneca Lake, Cayuga Lake, the Seneca River and
tributaries thereto. Some commenters pointed out that this action will
reduce pathogens and chemicals, improve water quality and further
protect drinking water, wildlife habitats and restore the lakes.
EPA 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. These comments
are consistent with New York's determination of need.
Comment 2: One commenter suggested that stricter enforcement
regulations for sewage discharge in Seneca Lake, Cayuga Lake and the
Seneca River are needed.
EPA Response: We appreciate this comment. EPA's determination in
the present action is limited to whether adequate facilities for the
safe and sanitary removal and treatment of sewage from all vessels are
reasonably available within Seneca Lake, Cayuga Lake and the Seneca
River and does not address the adequacy of enforcement of the proposed
ban. This comment is noted but is beyond the scope of EPA's
determination on this matter.
Comment 3: One commenter supports the proposed NDZ and suggests
that EPA and DEC do more to protect water quality from land use
changes, pollution discharges and energy development.
EPA Response: We appreciate this comment. As noted above, EPA's
determination in the present action is limited to whether adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available within Seneca Lake, Cayuga
Lake and the Seneca River and does not address the need for additional
efforts to protect water quality. This comment is noted but is beyond
the scope of EPA's determination on this matter.
Certification of Need: New York's petition contains a certification
by the Commissioner of the New York State Department of Environmental
Conservation (NYSDEC) that the protection and enhancement of Seneca
Lake, Cayuga Lake, the Seneca River and the navigable tributaries
thereto, requires greater environmental protection than the applicable
Federal standards provide. The certification states that Seneca Lake
and Cayuga Lake are water bodies of unique ecological, economic and
public health significance, as well as drinking water sources.
Pathogens and chemicals contained in the currently-lawful effluent from
discharging marine sanitation devices (MSDs) threaten public health and
the environment and contravene the State's ongoing efforts to control
point and non-point source pollution from municipal discharges,
combined sewer overflows and storm water runoff. The proposed NDZ
represents one component of a comprehensive approach to water quality
management. Protecting Seneca Lake, Cayuga Lake and the Seneca River
warrants this greater level of environmental protection in order to
maintain excellent water quality, prevent future degradation and speed
the recovery of impaired segments.
Seneca Lake is the largest and deepest of all the Finger Lakes at
4.2 trillion gallons in volume and 291 feet in average depth. The
maximum depth of the lake is 618 feet. The Seneca Lake Watershed
comprises 14% of the greater Oswego River Watershed. While the
[[Page 54282]]
water quality of the lake is generally good, the lake is on the NYSDEC
Priority Waterbody List as a Water with Minor Impacts. This means that
the current uses of the lake are fully supported but some negative
water quality impacts have been observed and action must be taken to
ensure that the water will continue to support its uses in the future.
Pollutants that negatively impact the lake include pathogens and oxygen
demand from the Watkins Glen wastewater treatment plant and general
lakeside activities as well as sediment from eroding stream banks and
steep slopes surrounding the lake. As part of its broader efforts to
protect and enhance the water quality of Seneca Lake, New York seeks to
eliminate the discharge of pathogens and chemicals from all vessels
using the lake.
Cayuga Lake has a maximum depth of 435 feet and a volume of about
2.5 trillion gallons. The Cayuga Lake Watershed comprises 15% of the
greater Oswego River Watershed. While the water quality of Cayuga Lake
is generally good, the northern to mid-south portions of the lake are
on the NYSDEC Priority Waterbody List as Threatened Segments because of
the lake's significant value as a drinking water resource. As part of
its broader effort to preserve and enhance water quality to maintain
the lake's use as drinking waters with minimal required treatment, New
York seeks to eliminate the discharge of pathogens and chemicals from
all vessels using the lake.
Adequacy of Sewage Removal and Treatment Facilities
In determining whether adequate facilities exist for the safe and
sanitary removal and treatment of sewage from all vessels using a water
body, EPA relies on the ``Clean Vessel Act: Pumpout Station and Dump
Station Technical Guidelines,'' (59 FR 11290) published by the U.S.
Department of the Interior (DOI), which provides that at least one
pumpout station should be provided for every 300 to 600 boats over 16
feet in length. The guidance also provides that approximately 20% of
boats between 16 and 26 feet, 50% of boats between 26 and 40 feet and
all vessels over 40 feet in length can be assumed to have an installed
toilet with some type of MSD. Vessels below 16 feet in length are
generally presumed not to have an MSD onboard.
Estimated Vessel Population
In support of its petition, New York provided information on the
vessel population in the proposed NDZ. The population of recreational
vessels using Seneca Lake, Cayuga Lake and the Seneca River was
estimated based on the New York State Office of Parks, Recreation and
Historic Preservation's 2012 Boating Report (OPRHP Report) for the
counties of Cayuga, Ontario, Schuyler, Seneca, Steuben, Tompkins and
Yates, which surround the lakes. While it is very unlikely that every
single vessel registered in these counties will operate in the proposed
NDZ simultaneously, the state took a conservative approach and
considered all boats registered in these counties as part of the
overall recreational vessel population of the proposed NDZ.
According to the OPRHP Report, in the seven counties surrounding
the proposed NDZ, there are 16,740 registered boats between 16 and 25
feet long, 1,161 boats between 26 and 40 feet long and 71 boats over 40
feet long. Applying the percentages in the DOI guidance yields an
estimate of 3,967 recreational vessels with MSDs that operate in the
proposed NDZ.
The population of commercial vessels using Seneca Lake, Cayuga Lake
and the Seneca River was estimated based on information provided by the
Genesee Finger Lakes Regional Planning Board and the Finger Lakes
Institute as well as information obtained from the Internet. According
to these sources, the majority of commercial vessels operating in the
proposed NDZ are chartered fishing boats. There are at least 18 charter
services that operate primarily in Seneca Lake and Cayuga Lake, as well
as 11 cruise companies. These companies own anywhere from one to three
vessels. A conservative assumption of 40 companies (18 charter
companies + 11 cruise companies + 11 unlisted businesses) with three
vessels each yields a total of 120 commercial vessels that operate in
the proposed NDZ. As an additional conservative assumption, all 120
commercial vessels are assumed to have MSDs. Therefore, there are
approximately 4,090 vessels with MSDs operating in the proposed NDZ.
Available Pumpout Facilities
In further support of its petition, New York provided information
on the number of pumpout facilities available to the recreational and
commercial vessels in the proposed NDZ. The federal Clean Vessel Act of
1992 made grants available to states for construction, replacement and
renovation of recreational vessel pumpouts. New York applied for the
first federal grant in 1994 and initiated a statewide program known as
the Clean Vessel Assistance Program (CVAP), managed and administered by
New York State Environmental Facilities Corporation that has helped
establish and support 17 pumpout facilities serving Seneca Lake, Cayuga
Lake and the Seneca River, of which two are pumpout boats and 15 are
dockside pumpouts. EPA independently updated and verified these pumpout
information and concluded that two pumpout boats are out of operation
and only 14 dockside pumpouts are operational. An additional three
pumpout facilities are available to the public but are not funded
through CVAP. All these current 17 pumpout (14 CVAP + 3 non-CVAP
pumpouts = 17 pumpouts) facilities either discharge to a holding tank,
to a municipal wastewater treatment plant or to an on-site septic
system.
While some commercial shipping vessels are so large as to require
special docking accommodations or mobile pumpouts to access pumpout
services, the commercial vessels that operate in the proposed NDZ are
all small enough to use the same pumpouts that the recreational vessels
use. Therefore, the total number of pumpout facilities available for
use by the vessels that operate in the proposed NDZ is 17. A list of
pumpout facilities, phone numbers, locations, hours of operation, water
depth and fees is provided below:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Contact * Days and hours of
No. Name Location, Lat./Long. information operation Water depth, (feet) Fee
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............. Cayuga--Seneca--Lock Seneca Lake State Park, 315-789-2331 April 1-September 30, 6'.................... $2.00
CS1-4. 42.870575/--76.939667. 24 hours.
2............. Cayuga Lake............ Allan H Treman. State Marine 607-273-3440 May 1-October 15, 24 7'.................... 2.00
Park, 42.458467/--76.513033. hours.
3............. Cayuga Lake............ Frontenac Harbor, 42.839778/ 315-889-5532 April 1-October 15, 4'.................... 5.00
--76.695769. 9:00 a.m.-4:30 p.m.
[[Page 54283]]
4............. Seneca Lake............ Barret Marine, Inc.- 315-789-9513 Year round, 8:00 a.m.- 5'.................... 0.00
Stationary, 42.874176/-- 7:00 p.m.
76.935906.
5............. Seneca Lake............ Village Marina, 42.384630/-- 607-535-7910 June-October, 11:00 5'.................... 5.00
76.87871697. a.m.-6:00 p.m.
6............. Seneca Lake............ Stivers (GPJ) Seneca Marine, 315-789-5520 May 1-Labor Day, 8:00 6'.................... 5.00
Inc., 42.868925/--76.939064. a.m.-8:00 p.m.
7............. Cayuga Lake............ Johnson Boat Yard (dba)- 607-272-5191 April 1-November 1, 6'.................... 0.00
Pierce Cleveland, Inc., 9:00 a.m.-5:00 p.m.
42.452369/--76.510231.
8............. Seneca Lake............ Montour Falls-V Municipal 607-210-4124 May 2-October 15, 7:00 4.5'.................. 5.00
Marina, 42.354167/-- a.m.-7:00 p.m.
76.853333.
9............. Cayuga Seneca--Lock CS1- Oak Island Marine Facility, 315-539-9131 April 1-October 1, 24 8'.................... 0.00
4. 42.900983/--76.866894. hours.
10............ Cayuga Lake............ Hibiscus Harbor, 42.856781/-- 315-889-5086 April 1-November 1, 24 12'................... 5.00
76.706081. hours.
11............ Seneca Lake............ Frog Hollow Marina, 607-535-2671 April 15-November 15, 5'.................... 5.00
42.370636/--76.859106. 9:00 a.m.-5:00 p.m.
12............ Seneca Lake............ Seneca Falls-V, 42.909675/-- 315-568-2316 May 1-November 1, 24 20'................... 2.00
76.795868. hours.
13............ Cayuga-Seneca--Lock CS1- Waterloo Harbor, 42.540172/-- 315-539-8848 May 1-September 30, 24 10'................... 5.00
4. 76.524237. hours.
14............ Seneca Lake............ Glen Harbor Marina, 607-535-2751 April 15-October 15, 6'.................... 0.00
42.383099/--76.861575. 10:00 a.m.-5:00 p.m.
15............ Cayuga Lake............ Eagles Landing Marina, 315-834-6829 April 15-October 15.... Unknown............... 0.00
42.072211/--76.548915.
16............ Cayuga Lake............ Taughannock Falls State 607-387-6739 March 1-October 15..... 6'.................... 0.00
Park, 42.547636/--76.595714.
17............ Seneca Lake............ Sampson State Park Marina, 315-585-6392 April 15-October 20.... Unknown............... 0.00
42.4247/--76.9119.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Please note that the actual days of operation depend on the weather.
Ratio of Pumpouts Facilities to Vessels Operating in the Proposed NDZ
------------------------------------------------------------------------
Total pumpout Boat: pumpout
Total boat registrations facilities ratio
------------------------------------------------------------------------
4,090................................. 17 241:1
------------------------------------------------------------------------
Based on a total vessel population of 4,090 and 17 currently
available pumpout facilities, the ratio of boats to pumpouts is 241:1,
which means there are significantly more pumpouts than the recommended
range of 300-600:1. In addition, the pumpouts are well distributed
between the lakes (7 are in Cayuga Lake and 10 are in Seneca Lake).
Based on the information above, and after considering the relevant
public comments, EPA hereby makes a final affirmative determination
that adequate facilities for the safe and sanitary removal and
treatment of sewage are reasonably available for all vessels that use
the waters of Seneca Lake, Cayuga Lake and the Seneca River.
Accordingly, pursuant to 33 CFR 1322(f)(3) and 40 CFR 140.4(a), New
York may completely prohibit the discharge from all vessels of any
sewage, whether treated or not, into such waters.
Dated: August 11, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2015-22694 Filed 9-8-15; 8:45 am]
BILLING CODE 6560-50-P