New York State Prohibition of Discharges of Vessel Sewage; Notice of Proposed Determination, 15702-15705 [2016-06701]
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Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices
APPENDIX—DOE/FE ORDERS GRANTING IMPORT/EXPORT AUTHORIZATIONS—Continued
3784 ...............
02/08/16
15–149–LNG
ConocoPhillips Alaska Natural
Gas Corporation.
3785 ...............
02/25/16
16–09–NG .....
NOCO Energy Corp ...............
3786 ...............
02/25/16
16–10–LNG ...
Shell NA LNG LLC ................
3787 ...............
02/25/16
16–11–NG .....
3788 ...............
02/25/16
16–12–NG .....
Shell Energy North America
(US), L.P.
Excelerate Energy L.P ...........
3789 ...............
02/25/16
16–16–LNG ...
New World Global LLC ..........
3790 ...............
02/25/16
16–14–NG .....
CNE Gas Supply, LLC ...........
3791 ...............
02/25/16
16–13–NG .....
Constellation Energy Gas
Choice, Inc.
[FR Doc. 2016–06662 Filed 3–23–16; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9944–20–Region 2]
New York State Prohibition of
Discharges of Vessel Sewage; Notice
of Proposed Determination
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed
determination.
AGENCY:
By petition dated September
20, 2012 and submitted pursuant to 33
CFR 1322(f)(3) and 40 CFR 140.4(a), the
State of New York certified that the
protection and enhancement of the
waters of the New York State portion of
the St. Lawrence River and the
numerous navigable tributaries, harbors
and embayments thereof, requires
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 those waters, so that the
State may completely prohibit the
discharge from all vessels of any
sewage, whether treated or not, into
such waters. On April 22, 2013, the EPA
requested additional information
regarding the population of commercial
vessels using the subject waters and the
availability of options for sewage
removal from those vessels. Upon
consideration of the petition, and
subsequently obtained information
regarding commercial vessels that has
been made part of the administrative
record, the EPA proposes to make the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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Order 3784 granting blanket authority to export LNG by vessel from the Kenai LNG Facility near Kenai, Alaska, and
vacating prior authority in Order 3418.
Order 3785 granting blanket authority to import/export natural gas from/to Canada.
Order 3786 granting blanket authority to import LNG from
various international sources by vessel.
Order 3787 granting blanket authority to import/export natural gas from/to Canada/Mexico.
Order 3788 granting blanket authority to import LNG from
various international sources by vessel.
Order 3789 granting blanket authority to export LNG to
Mexico by truck.
Order 3790 granting blanket authority to export natural gas
to Canada/Mexico.
Order 3791 granting blanket authority to import natural gas
from Canada.
requested determination and hereby
invites the public to comment.
DATES: Comments relevant to this
proposed determination are due by
April 25, 2016.
Petition: To receive a copy of the
petition and/or any other part of the
administrative record, please contact
Moses Chang at 212 637 3867 or email
at chang.moses@epa.gov.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: chang.moses@epa.gov.
Include ‘‘Comments on Proposed
Determination on New York State
portion of St. Lawrence River NDZ
Petition’’ in the subject line of the
message.
• Mail and Hand Delivery/Courier:
Moses Chang, U.S. EPA Region 2, 290
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), and special
arrangements should be made for
deliveries of boxed information.
FOR FURTHER INFORMATION CONTACT:
Moses Chang, (212) 637–3867, Email
address: chang.moses@epa.gov.
SUPPLEMENTARY INFORMATION: The
Proposed No Discharge Zone: The
proposed Vessel Waste No Discharge
Zone (NDZ) for the New York State
portion of the St. Lawrence River
includes the waters of the River within
the New York State boundary, stretching
from its southwestern boundary at
Tibbetts Point, where the river meets
Lake Ontario, to its northeastern
boundary at the St. Lawrence-Franklin
County Line, near Akwesasne, New
York.1 The proposed NDZ encompasses
1 New York State’s petition proposes to establish
a NDZ that extends, in the northeast, to the U.S.Canadian border. However, New York State’s
jurisdiction over waters of the St. Lawrence River
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approximately 112 miles of river and
shoreline, and the numerous navigable
tributaries, harbors, and embayments of
the River—including, but not limited to,
the New York State portions of the
Raquette River, the Grass River, Brandy
Brook, Sucker Brook, Whitehouse Bay,
Oswegatchie River, Morristown Bay,
Blind Bay, Chippewa Creek, Chippewa
Bay, Crooked Creek, Goose Bay, Lake of
the Isles, Eel Bay, South Bay, Carnegie
Bay, Greens Creek, Otter Creek, Swan
Bay, Spicer Bay, Carrier Bay, French
Creek Bay, Sawmill Bay, Sand Bay,
Dodge Bay, Millen Bay, Peos Bay and
Grass Bay—and other formally
designated habitats and waterways of
local, state and national significance.
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 the New
York State portion of the St. Lawrence
River and the numerous navigable
tributaries, harbors and embayments
thereof, requires greater environmental
protection than the applicable Federal
standards provide. The certification
states that the subject waters are of
unique ecological, economic and public
health significance, and that 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 nonends, in the northeast, at the St. Regis Mohawk
Reservation border at the St. Lawrence-Franklin
county line. Therefore, New York State does not
have the authority under the Clean Water Act to
establish a NDZ for the 2.9 miles of the St.
Lawrence River that lie within the United States,
between the St. Lawrence-Franklin county line and
the U.S.-Canadian border. Accordingly, this
tentative determination only regards the
approximately 112 miles of the St. Lawrence River
over which New York State has jurisdiction.
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point source pollution from, among
other things, municipal discharges,
combined sewer overflows and
stormwater runoff.
In support of the certification, the
Commissioner notes that the St.
Lawrence River supports a diversity of
uses, including providing drinking
water for approximately 17,000 people
in New York, valuable wildlife habitat,
a commercial shipping corridor,
recreational boating and numerous sites
for aquatic recreation. The River serves
as an economic engine for the region,
and is heavily used and enjoyed by the
citizens of the many lakeshore
communities and throughout the
watershed. The River is also home to the
Thousand Islands Region, an
international tourism destination
encompassing communities on both
sides of the U.S. and Canadian border
along the River and the eastern shores
of Lake Ontario. While New York
acknowledges that a No Discharge Zone
designation alone will not obviate the
need for other water quality
improvement efforts, a NDZ for the St.
Lawrence River would complement the
benefits of the State’s other efforts to
protect and improve water quality in the
River.
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, the EPA relies on the ‘‘Clean
Vessel Act: Pumpout Station and Dump
Station Technical Guidelines,’’ (CVA
Guidelines) published by the U.S.
Department of the Interior, which
provides that at least one pumpout
station should be provided for every 300
to 600 vessels over 16 feet in length. See
59 FR 11297. The guidelines also
provide that approximately 20% of
vessels between 16 and 26 feet, 50% of
vessels 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 Marine Sanitation Device
(MSD). Vessels below 16 feet in length
are generally presumed not to have an
MSD onboard.
Estimated Recreational Vessel
Population
There is no single definitive source of
information on the number of vessels, or
vessels with MSDs, that frequent the St.
Lawrence River. The number and
distribution fluctuates depending on the
time of year, day of the week, weather
conditions and special events. In order
to develop a reasonable estimate of
recreational vessel population, New
York relied on two major sources of
information. The first was the New York
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Department of State’s (DOS’s) Clean
Vessel Act Plan (‘‘Statewide Plan’’),
released in 1996. The purpose of the
plan was to characterize pumpout
adequacy across New York State. From
August 1994 to July 1995, DOS surveyed
municipalities to assess the availability
of public sewage pumpout facilities.
Many private marina operators were
also contacted. Private pumpouts and
dump stations were initially estimated
from the NYSDEC and New York Sea
Grant boating guides, augmented with
information on vessel registration, aerial
photographs of peak season use and
local plans and studies. Using data from
the Statewide Plan, the estimated
number of recreational vessels in
Jefferson and St. Lawrence Counties,
which border the St. Lawrence River, is
a total of 3,775 vessels (3,170 and 605,
respectively).
The second, and more recent, source
for information about the recreational
vessel population in the proposed NDZ
is the New York State Office of Parks,
Recreation and Historic Preservation’s
2012 Boating Report (OPRHP Report) for
the counties of Jefferson and St.
Lawrence, which encompass the
proposed NDZ. The OPRHP Report
provides a breakdown of the of the
vessel registrations by vessel length for
each county. Applying the CVA
Guidelines, above, on the relationship
between vessel length and MSDs to the
data in the OPRHP Report yields an
estimate of 2,611 vessels with MSDs
registered in Jefferson and St. Lawrence
counties, all of which, conservatively,
were assumed to operate on the St.
Lawrence River.
Available Pumpout Facilities to
Recreational Vessels
The federal Clean Vessel Act of 1992
made grants available to states for
construction, replacement and
renovation of recreational vessel
pumpouts. The NYSDEC 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 the New
York State Environmental Facilities
Corporation (NYSEFC). The NYSEFC
provides three distinct grant programs:
CVAP Construction Grants (for new
installations or replacement), CVAP
Upgrade Grants (for improvements to
existing pumpouts) and CVAP
Operation & Maintenance Grants (for
annual upkeep of pumpouts). The
NYSEFC also provides funding for
information and education on the
benefits, use and availability of
pumpouts. New York’s petition listed 22
currently operating stationary CVAP
pumpout facilities that serve the St.
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15703
Lawrence River in Jefferson and St.
Lawrence counties in the state, but the
EPA’s review has determined the
number to be 21. These facilities are
summarized in Table 1, below.
Ratio of Pumpout Facilities-toRecreational Vessels
In calculating the ratio of pumpout
facilities-to-vessels, only CVAP-funded
facilities were considered. (If all
pumpout facilities (CVAP and nonCVAP) are considered, the ratios would
show even greater coverage.) This
calculation shows that overall, within
the proposed St. Lawrence River NDZ,
there are an adequate number of
stationary pumpout facilities to support
the proposed NDZ, with a pumpout-tovessel ratio as high as 1:180 (using the
estimate of 3,775 vessels from the 1996
CVAP Statewide Plan) and as low as
1:119 (using the estimate of 2,611
registered vessels from the 2012 OPRHP
Report). By either of the methods
discussed above, there are currently
sufficient pumpout facilities to meet the
upper/maximum 1:600 ratio, and both
ratios fall well below the lower/
minimum 1:300 ratio used to determine
adequacy of pumpout facilities.
Adequacy of Available Pumpout
Facilities to Commercial Vessels
Commercial vessel populations were
estimated using data from the National
Ballast Information Clearinghouse
(NBIC), which records ballast water
discharge reports for ships arriving at
the two main commercial ports on the
St. Lawrence River (U.S. side)—
Ogdensburg and Massena. In calendar
year 2011, ballast manifests showed
eight vessels arriving in Ogdensburg and
one in Massena. These vessels were
either bulkers or passenger cruise ships.
Most passenger cruise ships using ports
in the proposed NDZ are smaller,
chartered site-seeing boats, but this
commercial traffic also includes two
cruise passenger vessels (the St. Laurent
and Pearl Mist), which can hold 200 to
300 passengers each. In calendar year
2010, there were four commercial
arrivals at Ogdensburg and seven at
Massena. Overall, at both ports
combined, annual commercial traffic
averages approximately one vessel per
month. While other commercial vessels
move through the proposed NDZ, they
do not stop at the main commercial
ports.
Commercial vessels in the proposed
NDZ that are too large to use a CVAP
stationary pumpout facility may dock at
either commercial port, and call a
mobile septic waste hauler (pumpout
truck) to meet the vessel and provide
pumpout services at the dock. There are
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Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices
at least four mobile septic waste hauling
companies with trucks that have the
capacity to pumpout and transfer a
combined total of 36,400 gallons of
sewage to a local sewage treatment
plant. Based on the low level of
commercial vessel traffic using the ports
in the proposed NDZ, and the transience
of these vessels, the availability of four
septic hauler pumpout truck companies
provides adequate pumpout capacity for
commercial vessels. These services are
summarized in Table 2, below.
TABLE 1—LIST OF STATIONARY SEWAGE PUMPOUT FACILITIES SERVING VESSELS IN THE PROPOSED ST. LAWRENCE
RIVER NO DISCHARGE ZONE
Marina name
Location
lat./long.
1 .......
Navy Point Marina .........
2 .......
Kitto’s Marina .................
3 .......
Henchen Marina ............
4 .......
Village of Morristown—
Bayside Park.
5 .......
Spicer Marina Basin ......
6 .......
Northern Marine, Inc. ....
7 .......
French Bay ....................
8 .......
Madison Barracks Marina.
9 .......
French Creek Marina—
North.
10 .....
French Creek Marina—
South.
11 .....
Harbor’s End, Inc. .........
12 .....
Chaumont Yacht Club ...
13 .....
Bonnie Castle Yacht
Basin.
14 .....
Hutchinson’s Boat
Works, Inc..
15 .....
RJ Marine Associates,
Ltd..
16 .....
City of Ogdensburg .......
17 .....
Cedar Point State Park
18 .....
Village of Waddington—
Island View Park.
19 .....
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Number
Contact information
Millens Bay Marina ........
20 .....
Village of Waddington—
Whitaker Park Dock.
21 .....
Blind Bay Marina Corp.
Black River Bay,
43.950172/
¥76.120633.
Chaumont Bay,
44.003881/
¥76.171825.
Henderson Bay and
Harbor, 43.862222/
¥76.202500.
Morristown Bay,
44.585944/
¥75.650281.
Spicer Bay, 44.255990/
¥76.036610.
Spicer Bay, 44.257500/
¥76.035833.
French Creek Bay,
44.234444/
¥76.090833.
Black River Bay,
43.953333/
¥76.113333.
French Creek Bay,
44.235160/
¥76.089050.
French Creek Bay,
44.232689/
¥76.086183.
Henderson Bay and
Harbor, 43.849083/
¥76.210714.
Black River Bay,
44.063200/
¥76.131360.
Alexandria Bay,
44.342780/
¥75.911980.
Alexandria Bay,
44.334053/
¥75.920244.
French Creek Bay,
44.239989/
¥76.090391.
Ogdensburg 44.700478/
¥75.495156.
Alexandria Bay,
44.204810/
¥76.196740.
Lisbon-Waddington,
44.865264/
¥75.206024.
Cape Vincent,
44.171790/
¥76.244780.
St. Lawrence River,
44.867821/
¥75.193852.
Chippewa Bay,
44.477440/
¥75.776520.
* Days and hours of operation
Water depth
(feet)
315–646–3364, VHF–
Channel 9.
May 1–November 30,
8:00 a.m. to 5:00 p.m.
10
$0.00
315–639–6043, 315–
639–6922.
April–October 15, 8:00
a.m. to 7:00 p.m.
7
5.00
315–345–4294, VHF–
Channel 16.
April 1–October 31, 7:00
a.m.–8:00 p.m.
8
10.00
315–375–8822 ...............
May 1–October 30,
Dawn to Dusk.
6
5.00
315–686–3141, VHF–
Channel 16.
315–686–4398, VHF–
Channel 16.
315–686–5574, VHF–
Channel 16.
May 1–October 15, 8:00
a.m.–6:00 p.m.
April 1–September 30,
9:00 a.m.–6:00 p.m.
April 1–November 15,
8:00 a.m.–5:00 p.m.
8
5.00
8
5.00
8
3.00
315–646–3374 ...............
May 15–October 15,
8:00 a.m.–6:00 p.m.
10
0.00
315–686–3621, VHF–
Channel 16.
April 15–October 15,
8:00 a.m.–5:00 p.m.
8
2.00
315–686–3621, VHF–
Channel 16.
April 15–October 15,
8:00 a.m.–5:00 p.m.
4
2.00
315–938–5425, VHF–
Channel 67.
April 1–November 1,
8:00 a.m.—4:30 p.m.
4.5
5.00
315–523–5055 ...............
April 15–November 1,
7:00 a.m.–5:00 p.m.
6.5′–7
0.00
315–482–2526, VHF–
Channel 16.
May15–October 15, 8:00
a.m.–7:00 p.m.
5′–6
5.00
315–482–9931 ...............
April–October, 8:00
a.m.–5:00 p.m.
6
0.00
315–686–9805 ...............
April–October, 7:00
a.m.–7:00 p.m.
11
15.00
315–393–1980, VHF–
Channel 16.
315–654–2522, VHF–
Channel 16.
11
5.00
3 to 4
5.00
315–388–5534 ...............
None ..............................
May 1–October 15, 8:00
a.m.–8:00 p.m.
Memorial Day to Labor
Day, 7:30 a.m.–8:00
p.m.
April–November, 24
Hours.
3–4
5.00
315–654–2174, VHF–
Channel 16.
April–November, 8:00
a.m.–7:00 p.m.
8
5.00
315–388–5534 ...............
None ..............................
April–November, 24
Hours.
8
5.00
315–322–3762 ...............
None ..............................
May 15–September 15,
7:00 a.m.–10:00 p.m.
5
5.00
* Please note that the actual days of operation depend on the weather.
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TABLE 2—LIST OF MOBILE SEWAGE PUMPOUT SERVICES SERVING VESSELS IN THE PROPOSED ST. LAWRENCE RIVER NO
DISCHARGE ZONE
Number
Name of
company
Location and contact information
Number of sewage
hauler pumpout trucks/
holding capacity
1 .......
Pomerville’s
Septic
Service.
Gleason’s
Septic
Service.
Bach & Co
27440 Ridge Road, Watertown, NY 13601,
Tel. 315–782–6056.
Route 3, Black River,
NY 13612, Tel. 315–
773–4135.
11176 County Road 9,
Clayton, NY 13624,
Tel. 315–686–3083.
20892 NYS Route 411,
P.O. Box 112,
LaFargeville, NY
13656, Tel. 315–658–
9916.
2 trucks—1 × 4,600 gal
and 1 × 2,500 gal.
2 .......
3 .......
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4 .......
Gilco Trucking Co.
Based on a total recreational vessel
population of 3,775 and 21 currently
available pumpout facilities, the ratio of
vessels to pumpouts is 180:1, which
means there are significantly more
pumpouts than the recommended range
of 300–600:1. Also, based on the low
level of commercial vessel traffic
(approximately one vessel per month) at
the two St. Lawrence River commercial
ports and the transience of these vessels,
the availability of four septic hauler
pumpout truck companies provides
adequate pumpout capacity for vessels
that are too large to use the stationary
pumpout facilities. Therefore, the EPA
proposes to issue a determination that
adequate pumpout facilities for the safe
and sanitary removal and treatment of
sewage for all vessels are reasonably
available for the waters of the New York
portion of the St. Lawrence River.
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 determination that
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available for the waters of the New York
State portion of the St. Lawrence River,
the State may completely prohibit the
discharge from all vessels of any
sewage, whether treated or not, into
such waters.
Dated: March 4, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016–06701 Filed 3–23–16; 8:45 am]
BILLING CODE 6560–50–P
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Days and hours of operation
3 trucks—2 × 2,500 gal
and 1 × 4,400 gal.
1 truck × 1,500 gal .......
2 trucks × 9,200 gal .....
Mon–Fri, 7:00 a.m.–
5:00 p.m.; or by appointment.
Mon–Fri, 7:00 a.m.–
3:00 p.m.; or by appointment.
Mon–Fri, 7:00 a.m.–
5:00 p.m.; or by appointment.
Mon–Fri, 7:00 a.m.–
5:00 p.m.; or by appointment.
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OARM–2016–0210; FRL 9944–18–
OA]
National and Governmental Advisory
Committees to the U.S. Representative
to the Commission for Environmental
Cooperation
Environmental Protection
Agency (EPA).
ACTION: Notice of Advisory Committee
meeting.
AGENCY:
Under the Federal Advisory
Committee Act, Public Law 92–463, the
Environmental Protection Agency (EPA)
gives notice of a meeting of the National
Advisory Committee (NAC) and
Governmental Advisory Committee
(GAC) to the U.S. Representative to the
North American Commission for
Environmental Cooperation (CEC). The
National and Governmental Advisory
Committees advise the EPA
Administrator in her capacity as the
U.S. Representative to the CEC Council.
The committees are authorized under
Articles 17 and 18 of the North
American Agreement on Environmental
Cooperation (NAAEC), North American
Free Trade Agreement Implementation
Act, Public Law 103–182, and as
directed by Executive Order 12915,
entitled ‘‘Federal Implementation of the
North American Agreement on
Environmental Cooperation.’’ The NAC
is composed of 15 members
representing academia, environmental
non-governmental organizations, and
private industry. The GAC consists of 14
members representing state, local, and
tribal governments. The committees are
responsible for providing advice to the
U.S. Representative on a wide range of
strategic, scientific, technological,
SUMMARY:
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Hose fittings &
length (feet)
Truck
serves the
port area
Estimated
fee/cost per
1,000 gal
Flexible up
to 250 ft.
Yes
$225
Flexible up
to 175 ft.
Yes
250
Flexible up
to 100 ft.
Yes
250
Flexible up
to 250 ft.
Yes
NA
regulatory, and economic issues related
to implementation and further
elaboration of the NAAEC.
The purpose of the meeting is to
provide advice on issues related to the
CEC’s 2016 Council Session theme and
to discuss additional trade and
environment issues in North America.
The meeting will also include a public
comment session. The agenda, meeting
materials, and general information about
the NAC and GAC will be available at
https://www2.epa.gov/faca/nac-gac.
The National and Governmental
Advisory Committees will hold an open
meeting on Wednesday, April 20, 2016
from 9:00 a.m. to 5:00 p.m., and
Thursday, April 21, 2016 from 9:00 a.m.
until 3:00 p.m.
DATES:
The meeting will be held at
the U.S. EPA, Conference Room 2138,
located in the William Jefferson Clinton
South Building, 1200 Pennsylvania Ave.
NW., Washington, DC 20004.
Telephone: 202–564–2294. The meeting
is open to the public, with limited
seating on a first-come, first-served
basis.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Oscar Carrillo, Designated Federal
Officer, carrillo.oscar@epa.gov, 202–
564–0347, U.S. EPA, Office of Diversity,
Advisory Committee Management and
Outreach (1601–M), 1200 Pennsylvania
Avenue NW., Washington, DC 20004.
Requests
to make oral comments, or provide
written comments to the NAC/GAC
should be sent to Oscar Carrillo at
carrillo.oscar@epa.gov by Friday, April
8, 2016. The meeting is open to the
public, with limited seating on a firstcome, first-served basis. Members of the
public wishing to participate in the
teleconference should contact Oscar
SUPPLEMENTARY INFORMATION:
E:\FR\FM\24MRN1.SGM
24MRN1
]]>Agencies
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15702-15705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06701]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9944-20-Region 2]
New York State Prohibition of Discharges of Vessel Sewage; Notice
of Proposed Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed determination.
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SUMMARY: By petition dated September 20, 2012 and submitted pursuant to
33 CFR 1322(f)(3) and 40 CFR 140.4(a), the State of New York certified
that the protection and enhancement of the waters of the New York State
portion of the St. Lawrence River and the numerous navigable
tributaries, harbors and embayments thereof, requires 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 those waters, so that the State may completely
prohibit the discharge from all vessels of any sewage, whether treated
or not, into such waters. On April 22, 2013, the EPA requested
additional information regarding the population of commercial vessels
using the subject waters and the availability of options for sewage
removal from those vessels. Upon consideration of the petition, and
subsequently obtained information regarding commercial vessels that has
been made part of the administrative record, the EPA proposes to make
the requested determination and hereby invites the public to comment.
DATES: Comments relevant to this proposed determination are due by
April 25, 2016.
Petition: To receive a copy of the petition and/or any other part
of the administrative record, please contact Moses Chang at 212 637
3867 or email at chang.moses@epa.gov.
ADDRESSES: You may submit comments by any of the following methods:
Email: chang.moses@epa.gov. Include ``Comments on Proposed
Determination on New York State portion of St. Lawrence River NDZ
Petition'' in the subject line of the message.
Mail and Hand Delivery/Courier: Moses Chang, U.S. EPA
Region 2, 290 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), and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, Email
address: chang.moses@epa.gov.
SUPPLEMENTARY INFORMATION: The Proposed No Discharge Zone: The proposed
Vessel Waste No Discharge Zone (NDZ) for the New York State portion of
the St. Lawrence River includes the waters of the River within the New
York State boundary, stretching from its southwestern boundary at
Tibbetts Point, where the river meets Lake Ontario, to its northeastern
boundary at the St. Lawrence-Franklin County Line, near Akwesasne, New
York.\1\ The proposed NDZ encompasses approximately 112 miles of river
and shoreline, and the numerous navigable tributaries, harbors, and
embayments of the River--including, but not limited to, the New York
State portions of the Raquette River, the Grass River, Brandy Brook,
Sucker Brook, Whitehouse Bay, Oswegatchie River, Morristown Bay, Blind
Bay, Chippewa Creek, Chippewa Bay, Crooked Creek, Goose Bay, Lake of
the Isles, Eel Bay, South Bay, Carnegie Bay, Greens Creek, Otter Creek,
Swan Bay, Spicer Bay, Carrier Bay, French Creek Bay, Sawmill Bay, Sand
Bay, Dodge Bay, Millen Bay, Peos Bay and Grass Bay--and other formally
designated habitats and waterways of local, state and national
significance.
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\1\ New York State's petition proposes to establish a NDZ that
extends, in the northeast, to the U.S.-Canadian border. However, New
York State's jurisdiction over waters of the St. Lawrence River
ends, in the northeast, at the St. Regis Mohawk Reservation border
at the St. Lawrence-Franklin county line. Therefore, New York State
does not have the authority under the Clean Water Act to establish a
NDZ for the 2.9 miles of the St. Lawrence River that lie within the
United States, between the St. Lawrence-Franklin county line and the
U.S.-Canadian border. Accordingly, this tentative determination only
regards the approximately 112 miles of the St. Lawrence River over
which New York State has jurisdiction.
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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 the New
York State portion of the St. Lawrence River and the numerous navigable
tributaries, harbors and embayments thereof, requires greater
environmental protection than the applicable Federal standards provide.
The certification states that the subject waters are of unique
ecological, economic and public health significance, and that 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-
[[Page 15703]]
point source pollution from, among other things, municipal discharges,
combined sewer overflows and stormwater runoff.
In support of the certification, the Commissioner notes that the
St. Lawrence River supports a diversity of uses, including providing
drinking water for approximately 17,000 people in New York, valuable
wildlife habitat, a commercial shipping corridor, recreational boating
and numerous sites for aquatic recreation. The River serves as an
economic engine for the region, and is heavily used and enjoyed by the
citizens of the many lakeshore communities and throughout the
watershed. The River is also home to the Thousand Islands Region, an
international tourism destination encompassing communities on both
sides of the U.S. and Canadian border along the River and the eastern
shores of Lake Ontario. While New York acknowledges that a No Discharge
Zone designation alone will not obviate the need for other water
quality improvement efforts, a NDZ for the St. Lawrence River would
complement the benefits of the State's other efforts to protect and
improve water quality in the River.
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, the EPA relies
on the ``Clean Vessel Act: Pumpout Station and Dump Station Technical
Guidelines,'' (CVA Guidelines) published by the U.S. Department of the
Interior, which provides that at least one pumpout station should be
provided for every 300 to 600 vessels over 16 feet in length. See 59 FR
11297. The guidelines also provide that approximately 20% of vessels
between 16 and 26 feet, 50% of vessels 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 Marine Sanitation Device (MSD). Vessels below
16 feet in length are generally presumed not to have an MSD onboard.
Estimated Recreational Vessel Population
There is no single definitive source of information on the number
of vessels, or vessels with MSDs, that frequent the St. Lawrence River.
The number and distribution fluctuates depending on the time of year,
day of the week, weather conditions and special events. In order to
develop a reasonable estimate of recreational vessel population, New
York relied on two major sources of information. The first was the New
York Department of State's (DOS's) Clean Vessel Act Plan (``Statewide
Plan''), released in 1996. The purpose of the plan was to characterize
pumpout adequacy across New York State. From August 1994 to July 1995,
DOS surveyed municipalities to assess the availability of public sewage
pumpout facilities. Many private marina operators were also contacted.
Private pumpouts and dump stations were initially estimated from the
NYSDEC and New York Sea Grant boating guides, augmented with
information on vessel registration, aerial photographs of peak season
use and local plans and studies. Using data from the Statewide Plan,
the estimated number of recreational vessels in Jefferson and St.
Lawrence Counties, which border the St. Lawrence River, is a total of
3,775 vessels (3,170 and 605, respectively).
The second, and more recent, source for information about the
recreational vessel population in the proposed NDZ is the New York
State Office of Parks, Recreation and Historic Preservation's 2012
Boating Report (OPRHP Report) for the counties of Jefferson and St.
Lawrence, which encompass the proposed NDZ. The OPRHP Report provides a
breakdown of the of the vessel registrations by vessel length for each
county. Applying the CVA Guidelines, above, on the relationship between
vessel length and MSDs to the data in the OPRHP Report yields an
estimate of 2,611 vessels with MSDs registered in Jefferson and St.
Lawrence counties, all of which, conservatively, were assumed to
operate on the St. Lawrence River.
Available Pumpout Facilities to Recreational Vessels
The federal Clean Vessel Act of 1992 made grants available to
states for construction, replacement and renovation of recreational
vessel pumpouts. The NYSDEC 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 the New York State
Environmental Facilities Corporation (NYSEFC). The NYSEFC provides
three distinct grant programs: CVAP Construction Grants (for new
installations or replacement), CVAP Upgrade Grants (for improvements to
existing pumpouts) and CVAP Operation & Maintenance Grants (for annual
upkeep of pumpouts). The NYSEFC also provides funding for information
and education on the benefits, use and availability of pumpouts. New
York's petition listed 22 currently operating stationary CVAP pumpout
facilities that serve the St. Lawrence River in Jefferson and St.
Lawrence counties in the state, but the EPA's review has determined the
number to be 21. These facilities are summarized in Table 1, below.
Ratio of Pumpout Facilities-to-Recreational Vessels
In calculating the ratio of pumpout facilities-to-vessels, only
CVAP-funded facilities were considered. (If all pumpout facilities
(CVAP and non-CVAP) are considered, the ratios would show even greater
coverage.) This calculation shows that overall, within the proposed St.
Lawrence River NDZ, there are an adequate number of stationary pumpout
facilities to support the proposed NDZ, with a pumpout-to-vessel ratio
as high as 1:180 (using the estimate of 3,775 vessels from the 1996
CVAP Statewide Plan) and as low as 1:119 (using the estimate of 2,611
registered vessels from the 2012 OPRHP Report). By either of the
methods discussed above, there are currently sufficient pumpout
facilities to meet the upper/maximum 1:600 ratio, and both ratios fall
well below the lower/minimum 1:300 ratio used to determine adequacy of
pumpout facilities.
Adequacy of Available Pumpout Facilities to Commercial Vessels
Commercial vessel populations were estimated using data from the
National Ballast Information Clearinghouse (NBIC), which records
ballast water discharge reports for ships arriving at the two main
commercial ports on the St. Lawrence River (U.S. side)--Ogdensburg and
Massena. In calendar year 2011, ballast manifests showed eight vessels
arriving in Ogdensburg and one in Massena. These vessels were either
bulkers or passenger cruise ships. Most passenger cruise ships using
ports in the proposed NDZ are smaller, chartered site-seeing boats, but
this commercial traffic also includes two cruise passenger vessels (the
St. Laurent and Pearl Mist), which can hold 200 to 300 passengers each.
In calendar year 2010, there were four commercial arrivals at
Ogdensburg and seven at Massena. Overall, at both ports combined,
annual commercial traffic averages approximately one vessel per month.
While other commercial vessels move through the proposed NDZ, they do
not stop at the main commercial ports.
Commercial vessels in the proposed NDZ that are too large to use a
CVAP stationary pumpout facility may dock at either commercial port,
and call a mobile septic waste hauler (pumpout truck) to meet the
vessel and provide pumpout services at the dock. There are
[[Page 15704]]
at least four mobile septic waste hauling companies with trucks that
have the capacity to pumpout and transfer a combined total of 36,400
gallons of sewage to a local sewage treatment plant. Based on the low
level of commercial vessel traffic using the ports in the proposed NDZ,
and the transience of these vessels, the availability of four septic
hauler pumpout truck companies provides adequate pumpout capacity for
commercial vessels. These services are summarized in Table 2, below.
Table 1--List of Stationary Sewage Pumpout Facilities Serving Vessels in the Proposed St. Lawrence River No
Discharge Zone
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Location lat./ Contact * Days and hours Water depth
Number Marina name long. information of operation (feet) Fee
----------------------------------------------------------------------------------------------------------------
1........ Navy Point Marina. Black River Bay, 315-646-3364, VHF- May 1-November 10 $0.00
43.950172/- Channel 9. 30, 8:00 a.m. to
76.120633. 5:00 p.m.
2........ Kitto's Marina.... Chaumont Bay, 315-639-6043, 315- April-October 15, 7 5.00
44.003881/- 639-6922. 8:00 a.m. to
76.171825. 7:00 p.m.
3........ Henchen Marina.... Henderson Bay and 315-345-4294, VHF- April 1-October 8 10.00
Harbor, Channel 16. 31, 7:00 a.m.-
43.862222/- 8:00 p.m.
76.202500.
4........ Village of Morristown Bay, 315-375-8822..... May 1-October 30, 6 5.00
Morristown--Baysi 44.585944/- Dawn to Dusk.
de Park. 75.650281.
5........ Spicer Marina Spicer Bay, 315-686-3141, VHF- May 1-October 15, 8 5.00
Basin. 44.255990/- Channel 16. 8:00 a.m.-6:00
76.036610. p.m.
6........ Northern Marine, Spicer Bay, 315-686-4398, VHF- April 1-September 8 5.00
Inc.. 44.257500/- Channel 16. 30, 9:00 a.m.-
76.035833. 6:00 p.m.
7........ French Bay........ French Creek Bay, 315-686-5574, VHF- April 1-November 8 3.00
44.234444/- Channel 16. 15, 8:00 a.m.-
76.090833. 5:00 p.m.
8........ Madison Barracks Black River Bay, 315-646-3374..... May 15-October 10 0.00
Marina. 43.953333/- 15, 8:00 a.m.-
76.113333. 6:00 p.m.
9........ French Creek French Creek Bay, 315-686-3621, VHF- April 15-October 8 2.00
Marina--North. 44.235160/- Channel 16. 15, 8:00 a.m.-
76.089050. 5:00 p.m.
10....... French Creek French Creek Bay, 315-686-3621, VHF- April 15-October 4 2.00
Marina--South. 44.232689/- Channel 16. 15, 8:00 a.m.-
76.086183. 5:00 p.m.
11....... Harbor's End, Inc. Henderson Bay and 315-938-5425, VHF- April 1-November 4.5 5.00
Harbor, Channel 67. 1, 8:00 a.m.--
43.849083/- 4:30 p.m.
76.210714.
12....... Chaumont Yacht Black River Bay, 315-523-5055..... April 15-November 6.5'-7 0.00
Club. 44.063200/- 1, 7:00 a.m.-
76.131360. 5:00 p.m.
13....... Bonnie Castle Alexandria Bay, 315-482-2526, VHF- May15-October 15, 5'-6 5.00
Yacht Basin. 44.342780/- Channel 16. 8:00 a.m.-7:00
75.911980. p.m.
14....... Hutchinson's Boat Alexandria Bay, 315-482-9931..... April-October, 6 0.00
Works, Inc.. 44.334053/- 8:00 a.m.-5:00
75.920244. p.m.
15....... RJ Marine French Creek Bay, 315-686-9805..... April-October, 11 15.00
Associates, Ltd.. 44.239989/- 7:00 a.m.-7:00
76.090391. p.m.
16....... City of Ogdensburg Ogdensburg 315-393-1980, VHF- May 1-October 15, 11 5.00
44.700478/- Channel 16. 8:00 a.m.-8:00
75.495156. p.m.
17....... Cedar Point State Alexandria Bay, 315-654-2522, VHF- Memorial Day to 3 to 4 5.00
Park. 44.204810/- Channel 16. Labor Day, 7:30
76.196740. a.m.-8:00 p.m.
18....... Village of Lisbon- 315-388-5534..... April-November, 3-4 5.00
Waddington--Islan Waddington, None............. 24 Hours.
d View Park. 44.865264/-
75.206024.
19....... Millens Bay Marina Cape Vincent, 315-654-2174, VHF- April-November, 8 5.00
44.171790/- Channel 16. 8:00 a.m.-7:00
76.244780. p.m.
20....... Village of St. Lawrence 315-388-5534..... April-November, 8 5.00
Waddington--Whita River, 44.867821/ None............. 24 Hours.
ker Park Dock. -75.193852.
21....... Blind Bay Marina Chippewa Bay, 315-322-3762..... May 15-September 5 5.00
Corp.. 44.477440/- None............. 15, 7:00 a.m.-
75.776520. 10:00 p.m.
----------------------------------------------------------------------------------------------------------------
* Please note that the actual days of operation depend on the weather.
[[Page 15705]]
Table 2--List of Mobile Sewage Pumpout Services Serving Vessels in the Proposed St. Lawrence River No Discharge Zone
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Estimated
Location and contact Number of sewage Days and hours of Hose fittings & Truck fee/cost
Number Name of company information hauler pumpout trucks/ operation length (feet) serves the per 1,000
holding capacity port area gal
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1........... Pomerville's Septic 27440 Ridge Road, 2 trucks--1 x 4,600 Mon-Fri, 7:00 a.m.- Flexible up to 250 Yes $225
Service. Watertown, NY 13601, gal and 1 x 2,500 5:00 p.m.; or by ft.
Tel. 315-782-6056. gal. appointment.
2........... Gleason's Septic Route 3, Black River, 3 trucks--2 x 2,500 Mon-Fri, 7:00 a.m.- Flexible up to 175 Yes 250
Service. NY 13612, Tel. 315- gal and 1 x 4,400 3:00 p.m.; or by ft.
773-4135. gal. appointment.
3........... Bach & Co............ 11176 County Road 9, 1 truck x 1,500 gal.. Mon-Fri, 7:00 a.m.- Flexible up to 100 Yes 250
Clayton, NY 13624, 5:00 p.m.; or by ft.
Tel. 315-686-3083. appointment.
4........... Gilco Trucking Co.... 20892 NYS Route 411, 2 trucks x 9,200 gal. Mon-Fri, 7:00 a.m.- Flexible up to 250 Yes NA
P.O. Box 112, 5:00 p.m.; or by ft.
LaFargeville, NY appointment.
13656, Tel. 315-658-
9916.
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Based on a total recreational vessel population of 3,775 and 21
currently available pumpout facilities, the ratio of vessels to
pumpouts is 180:1, which means there are significantly more pumpouts
than the recommended range of 300-600:1. Also, based on the low level
of commercial vessel traffic (approximately one vessel per month) at
the two St. Lawrence River commercial ports and the transience of these
vessels, the availability of four septic hauler pumpout truck companies
provides adequate pumpout capacity for vessels that are too large to
use the stationary pumpout facilities. Therefore, the EPA proposes to
issue a determination that adequate pumpout facilities for the safe and
sanitary removal and treatment of sewage for all vessels are reasonably
available for the waters of the New York portion of the St. Lawrence
River.
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 determination that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are
reasonably available for the waters of the New York State portion of
the St. Lawrence River, the State may completely prohibit the discharge
from all vessels of any sewage, whether treated or not, into such
waters.
Dated: March 4, 2016.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2016-06701 Filed 3-23-16; 8:45 am]
BILLING CODE 6560-50-P
