Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination, 11218-11221 [2017-03353]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 11218 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices approximately 1,760 feet above mean sea level (msl) created through construction of new roller-compacted concrete or rock-filled dams and/or dikes; (2) excavating a new lower reservoir with a surface area of 131 acres and a total storage capacity of 5,040 acre-feet at a surface elevation of 1,099 feet msl; (3) a new 900-foot-long, 48inch-diameter penstock connecting the upper reservoirs; (4) a new 3,387-footlong, 48-inch-diameter penstock connecting the upper and lower reservoirs; (5) a new 150-foot-long, 50foot-wide powerhouse containing two turbine-generator units with a total rated capacity of 300 megawatts; (6) a new transmission line connecting the powerhouse to a nearby electric grid interconnection point with options to evaluate multiple grid interconnection locations; and (7) appurtenant facilities. Possible initial fill water and make-up water would come from Catawissa Creek. The proposed project would have an annual generation of 867,187 megawatt-hours. Applicant Contact: Adam Rousselle, Merchant Hydro Developers, LLC, 5710 Oak Crest Drive, Doylestown, PA 18902; phone: (267) 254–6107. FERC Contact: Tim Looney; phone: (202) 502–6096. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission’s eFiling system at http:// www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P–14807–000. More information about this project, including a copy of the application, can be viewed or printed on the ‘‘eLibrary’’ link of the Commission’s Web site at http://www.ferc.gov/docs-filing/ elibrary.asp. Enter the docket number VerDate Sep<11>2014 17:15 Feb 17, 2017 Jkt 241001 (P–14807) in the docket number field to access the document. For assistance, contact FERC Online Support. Dated: February 14, 2017. Kimberly D. Bose, Secretary. [FR Doc. 2017–03323 Filed 2–17–17; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2017–0026; FRL–9959–39] Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA); Delay of Effective Date of Executive Departments and Agencies to temporarily postpone for sixty days from the date of the memorandum the effective dates of all regulations (defined in the January 20, 2017 memorandum to include ‘‘an interpretation of a statutory or regulatory issue’’) that had been published in the Federal Register but had not yet taken effect. The Federal Register Notice entitled ‘‘Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA)’’ is subject to the effective date delay. The new effective date for this action is March 21, 2017. If deemed appropriate, EPA may consider delaying the effective date of this action beyond March 21, 2017. Authority: 15 U.S.C. 2601 et seq. AGENCY: Environmental Protection Agency (EPA). ACTION: Delay of effective date. Dated: February 13, 2017. Wendy Cleland-Hamnett, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention. In accordance with the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review’’, this action delays until March 21, 2017, the effective date of the Federal Register Notice entitled ‘‘Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA)’’, published in the Federal Register on January 19, 2017 (82 FR 6522, FRL–9958–34). DATES: This action is effective February 21, 2017. The effective date of the Federal Register Notice entitled ‘‘Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA)’’, published in the Federal Register on January 19, 2017 (82 FR 6522, FRL– 9958–34), is delayed from March 20, 2017 to a new effective date of March 21, 2017. FOR FURTHER INFORMATION CONTACT: Scott M. Sherlock, Attorney Advisor, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–8257; email address: sherlock.scott@epa.gov. SUPPLEMENTARY INFORMATION: EPA bases this action on the Presidential directive as expressed in the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review’’. That memorandum directed the heads [FR Doc. 2017–03352 Filed 2–17–17; 8:45 am] SUMMARY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9959–09–Region 10] Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination Environmental Protection Agency (EPA). ACTION: Notice of determination. AGENCY: The Regional Administrator of the Environmental Protection Agency, Region 10, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for all marine waters of Washington State inward from the line between New Dungeness Lighthouse and the Discovery Island Lighthouse to the Canadian border, and fresh waters of Lake Washington, Lake Union, and connecting waters between and to Puget Sound. This notice constitutes EPA’s final determination on the petition submitted by the Washington State Department of Ecology on July 21, 2016, pursuant to Section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 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 Puget Sound. This determination does not itself constitute the designation of a no-discharge zone, rather, the State of Washington may now in its discretion SUMMARY: E:\FR\FM\21FEN1.SGM 21FEN1 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices finalize its proposed designation in accordance with state law and take the steps it deems appropriate to implement and enforce the discharge prohibition. sradovich on DSK3GMQ082PROD with NOTICES EPA Response to Public Comments on the November 7, 2016 Preliminary Affirmative Determination On November 7, 2016, EPA published notice of its preliminary affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters subject to Washington’s proposed nodischarge zone [FR Number 2016– 26877; 81 FR 78141, November 7, 2016] with a 30-day public comment period. At the request of stakeholders, EPA extended the 30-day public comment period from December 7, 2016 to December 23, 2016. EPA received a total of 40,462 comments via letter, email, online using the Federal eRulemaking Portal, and in person. All forms of input were considered equally. Of the comments received, 328 were individual letters and 40,134 were form letters, mass mailers and/or petitions, a few with minor additions. Of the individual letters, approximately two-thirds supported and one-third opposed EPA’s preliminary affirmative determination. Two mass mailers totaling 72 signatures opposed EPA’s tentative affirmative determination and 40,062 supported it. Comments were submitted by individuals, environmental organizations, vessel associations, boating and yacht clubs, industry representatives, port authorities, county, federal, local and tribal governmental entities, and other interested groups. In addition to comments expressing support or opposition to a Puget Sound no-discharge zone, many commenters specifically addressed the adequacy and availability of pumpout facilities, while others focused on broader issues beyond the scope of EPA’s review and determination. All of the relevant comments received have been considered. EPA has prepared a response to comments that supports this determination. The response to comments document can be found at this Web site: https://www.epa.gov/ puget-sound/epas-final-determinationno-discharge-zone-puget-sound. FOR FURTHER INFORMATION, CONTACT: Catherine Gockel, U.S. EPA Region 10, Office of Water and Watersheds, 1200 Sixth Ave., Seattle, Washington 98101; telephone number (206) 553–0325; fax number (206) 553–1280; email address gockel.catherine@epa.gov. VerDate Sep<11>2014 17:15 Feb 17, 2017 Jkt 241001 The Department of Ecology has petitioned the United States Environmental Protection Agency (EPA), Region 10, pursuant to section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 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 Puget Sound. As described in the State’s petition, submitted to EPA on July 21, 2016, the Washington State Department of Ecology has determined that the protection and enhancement of the quality of the waters of Puget Sound requires greater environmental protection, and petitioned the United States Environmental Protection Agency, Region 10, 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. According to the Ecology’s petition, the western boundary of the NDZ would be the exit of the Strait of Juan de Fuca near the entrance of Admiralty Inlet. This boundary is known and visible to vessel operators as it is the line between New Dungeness Lighthouse and Discovery Island Lighthouse. The northern boundary would be the border with Canada and heading south including all marine waters down to the south end of the south Sound and Hood Canal. The fresh waters of Lake Washington, Union Bay, Montlake Cut, Portage Bay, Lake Union, Fremont Cut, the Lake Washington Ship Canal, and Salmon Bay (the connecting waters from Lake Washington to Puget Sound) would be included. For more information regarding the State’s planned no-discharge zone, please go to: http://www.ecy.wa.gov/programs/wq/ nonpoint/CleanBoating/ nodischargezone.html. SUPPLEMENTARY INFORMATION: Washington State Department of Ecology’s Certificate of Need The Washington State Department of Ecology developed its petition in order to establish a vessel sewage nodischarge zone for all marine waters of Washington State inward from the line between New Dungeness Lighthouse and the Discovery Island Lighthouse to the Canadian border, and fresh waters of Lake Washington, Lake Union, and connecting waters between and to Puget Sound, and has submitted a certificate that the protection and enhancement of the waters described in the petition PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 11219 require greater environmental protection than the applicable Federal standard. Adequacy and Availability of Sewage Pumpout Facilities EPA’s determination is based on the information provided in Ecology’s July 21, 2016 petition as well as supplemental information that Ecology submitted to EPA on October 14, 2016, regarding commercial vessel pumpout availability in Puget Sound. In reaching this final determination, EPA has conducted additional outreach to verify and confirm the information provided in Ecology’s submittals and follow up on comments received. The information obtained further supports EPA’s determination that adequate pumpout out facilities for the safe and sanitary removal of sewage are reasonably available for both commercial and recreational vessels. Additional detail is provided below and in EPA’s response to comments document. Guidelines issued pursuant to the Clean Vessel Act for recreational vessels recommend one pumpout station for every 300–600 boats [Clean Vessel Act: Pumpout Station and Dump Station Technical Guidelines, Federal Register, Vol. 59, No. 47, March 10, 1994]. In its petition, the State described the recreational vessel population in Puget Sound as well as the stationary pumpout facilities and mobile pumpout services that are available for use. The State used two methods to develop a reasonable estimate of the recreational vessel population in Puget Sound. The first method was based on boater registration records obtained from the Washington State Department of Licensing (DOL). Using data from the DOL, the maximum estimated number of recreational vessels in each of the Washington State counties bordering Puget Sound that might require access to pumpout facilities or services under NDZ regulations (i.e., boats larger than 21 feet) is 43,677. Vessels under 21 feet were not included in the estimate because they typically do not have an installed toilet. Because boater registration data may include a number of small, locally registered, commercial vessels such as fishing boats or tug boats, the total may be an overestimate. The second method was based on the number of moorages and slips available to boaters, using Google Earth imagery captured during the summers of 2011 and 2012 to count vacant and occupied marina slips and moored vessels. Using this method, the State estimates a recreational vessel population of 23,555. The State believes that this also may be an overestimate, albeit less of an overestimate than the number E:\FR\FM\21FEN1.SGM 21FEN1 sradovich on DSK3GMQ082PROD with NOTICES 11220 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices calculated using the DOL boater registration data. The State’s petition also provided information about 173 pumpout units at 102 locations, and 21 mobile pumpout boats available for recreational vessels in Puget Sound. EPA’s review of Ecology’s petition and the comments received has confirmed that the total number, location and availability of these pumpout facilities and services track the overall distribution of the recreational vessel population. The ongoing costs for recreational vessels to pumpout is minimal, with most pumpouts being free or $5 per pumpout. The majority of pumped sewage is sent to wastewater treatment plants; however, some is sent to onsite septic tanks that meet federal requirements. The most conservative estimate of the ratio of pumpout facilities to recreational vessels is 1:171 boats for each pumpout facility, not including the mobile services. Based on DOL vessel registration data, there is a maximum of 43,677 recreation vessels in Puget Sound that could require access to pumpout facilities. As noted above, this is the State’s most conservative (high) estimate. Using a 40 percent peak occupancy rate recommended by the Clean Vessel Act Technical Guidelines cited above, EPA has calculated that 17,471 of the 43,677 boats recreational vessels would require access to a pumpout facility during peak boating season. The State identified 102 recreational pumpout locations, which results in a ratio of 171 recreational vessels for each pumpout location, not including the mobile services. Applying the same 40% occupancy rate to the lower recreational vessel estimate of 23,555 obtained from the moorage count results in a ratio of 92 recreational vessels for each pumpout location, not including the mobile services. Accordingly, even using the more conservative vessel count, the resulting ratio well exceeds the recommended minimum ratio of 1:600. In addition, EPA has confirmed that numerous mobile pumpout trucks and vessels are available to provide service for recreational vessels throughout Puget Sound. As set forth in Table 8 of Ecology’s supplement information, there are 194 mobile pumpout companies; of these, at least 52 vacuum trucks and two mobile pumpout vessels are available for pumping out larger recreational vessels. Mobile pumpout services are available seven days a week, with extended hours during the busy summer months. These mobile services provide additional pumpout options to address concerns raised regarding location or access issues. Additional information is VerDate Sep<11>2014 17:15 Feb 17, 2017 Jkt 241001 provided in EPA’s response to comments document. Based on this information, EPA determines that adequate pumpout facilities for the safe and sanitary removal and treatment of sewage for recreational vessels are reasonably available for the waters of Puget Sound. Puget Sound is also used by many different sizes and types of commercial vessels. The State used a study conducted by the Puget Sound Maritime Air Forum (Starcrest, 2007) to develop a reasonable estimate of commercial vessel use of Puget Sound. The study concluded that there were 2,937 entries of large oceangoing vessels into Puget Sound in 2005, and an estimated 678 other commercial vessels that operate mostly within Puget Sound (e.g., escort tugs) or have Puget Sound as their home port (e.g., the fleet of fishing vessels that travels to Alaska each year). According to the State, current commercial vessel statistics are estimated to be similar to the data from 2005. Based on information provided by a commenter, updated information in 2013 may raise this number to 709. As discussed below, this difference of 31 vessels does not make a measurable difference in terms of EPA’s conclusions regarding the ratio of commercial vessels to available pumpout facilities. The large, oceangoing transient commercial vessels that are only in Puget Sound for a short period of time (e.g., large cruise ships, freighters and tankers) have large enough holding tanks to hold their waste during the time they are in Puget Sound, with some exceptions. Although included in the initial overall vessel estimate, these vessels do not have a need to pumpout and were not included when assessing the adequacy of pumpout facilities. Washington State Ferries (WSDOT ferries) and U.S. military vessels have holding tanks and use large-scale, dedicated pumpout facilities where they are moored. Smaller commercial vessels, such as ferries, tugboats, excursion vessels, and fishing vessels with installed toilets can use the stationary pumpouts, mobile pumpout service vessels, some of the recreational pumpouts, or shore-based pumper trucks, described in more detail below. The State identified eight stationary pumpouts dedicated to WSDOT ferries, three dedicated to U.S. Navy vessels, one dedicated to the Victoria Clipper vessels and one for the McNeil Island Department of Corrections vessels. The Port of Bellingham cruise terminal area also has three stationary pumpouts, one of which is used for Alaska Marine Highway vessels and two other pumpouts that can serve other PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 commercial vessels. Although not included in this analysis, EPA notes that two more commercial pumpouts are being installed, one in Seattle for all commercial vessels and another at the Port of Bellingham mostly for fishing vessels. Estimated dates for completion are March and September 2017, respectively. The State’s supplemental information identified five companies that specialize in commercial marine work and that are capable of removing sewage from commercial vessel holding tanks. These five companies have a combined total of approximately 52 trucks (capacity ranging from 2,200–7,000 gallons each) and two mobile barges (capacity of 3,000 gallons each). These companies serve all of Puget Sound and can provide pumpout services at a variety of docks and ports for all types of commercial vessels, including tugs, fishing vessels, USCG vessels, smaller cruise ships, tankers, and other vessels. EPA contacted four of the commercial marine work companies identified in Ecology’s supplemental information document and confirmed that the information provided was accurate. The State’s petition and supplemental information also identified 21–23 mobile pumpout vessels. These mobile pumpouts primarily service recreational boats, but several have serviced commercial vessels such as charter boats, fishing vessels, U.S. Coast Guard vessels, and passenger vessels. The mobile pumpout boats have a capacity between 40 and 450 gallons and cover vast areas geographically as they are able to move to vessels, although some stay within their own marina or harbor area. In addition to the pumpouts described above, there are approximately 140 licensed or certified pumper truck companies in Puget Sound that primarily pump out septic tanks, but that can also pump out vessel sewage. The number of trucks in each company ranges from 1–13, and approximately half of these companies contacted by the State are currently, or are willing to, pump out commercial vessel sewage. The State indicates that the number of commercial vessels that are likely to be in regular need of pumpout facilities within a no-discharge zone would include the non-ocean going vessels that include tugboats, commercial fishing vessels, small passenger vessels, NOAA research and survey vessels, WSDOT Ferries, military and other government vessels, excursion and other commercial vessels. Given that the WSDOT Ferries, military vessels, and Victoria Clipper vessels all have dedicated stationary pumpouts, they have been removed E:\FR\FM\21FEN1.SGM 21FEN1 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES from the count and EPA has not included their 14 dedicated pumpout facilities in the analysis below. Using the starting number of 678 from the 2005 Starcrest survey, this leaves an approximate 600 vessels that would be in need of other pumpout facilities. Using the starting number of 709 from the 2013 Starcrest survey would leave 631 vessels in need of pumpout facilities. With the two stationary commercial pumpouts, at least 52 Sound-wide commercial pumper trucks, and the two Sound-wide mobile commercial pumpout barges described above, this amounts to at least 56 pumpouts available for commercial vessels which results in an approximate ratio of 11:1, using either the 600 or 631 vessel estimates cited above. In addition to this ratio, EPA has considered the fact that these mobile pumpouts provide service throughout Puget Sound, provide sufficient capacity for commercial vessels, and generally do not experience dock access issues. Moreover, these pumpout services can be scheduled by appointment to accommodate vessel needs and itineraries, and are sufficiently diversified such that they do not experience seasonal fluctuations. Given the widespread availability and flexibility of these services and the overall ratio of 11:1, EPA determines that adequate pumpout facilities for the safe and sanitary removal and treatment of sewage for commercial vessels are reasonably available for the waters of Puget Sound. EPA further notes that the estimated ratio may be conservative, given that a number of the mobile pumpout boats and pumper trucks described above may also provide commercial pumpout services. Table of Facilities A list of pumpout facilities, phone numbers, locations, hours of operation, water depth, and fees is provided at this link to the Washington Department of Ecology Web site: http:// www.ecy.wa.gov/programs/wq/ nonpoint/CleanBoating/ VesselPumpoutTables.pdf. 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 reasonably available for the waters of Puget Sound. Dated: February 13, 2017. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. [FR Doc. 2017–03353 Filed 2–17–17; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 17:15 Feb 17, 2017 Jkt 241001 11221 standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise Sunshine Act Meetings noted, nonbanking activities will be conducted throughout the United States. AGENCY: Federal Election Commission. Unless otherwise noted, comments DATE AND TIME: Thursday, February 23, regarding each of these applications 2017 at 10:00 a.m. must be received at the Reserve Bank PLACE: 999 E Street NW., Washington, indicated or the offices of the Board of DC (Ninth Floor) Governors not later than March 17, STATUS: This meeting will be open to the 2017. A. Federal Reserve Bank of public. Minneapolis (Jacquelyn K. Brunmeier, ITEMS TO BE DISCUSSED: Assistant Vice President) 90 Hennepin Draft Advisory Opinion 2016–23: Avenue, Minneapolis, Minnesota Socialist Workers Party 55480–0291: Management and Administrative 1. Stearns Financial Services, Inc. Matters Employee Stock Ownership Plan, Saint Individuals who plan to attend and Cloud, Minnesota; to retain and acquire require special assistance, such as sign additional stock and increase its language interpretation or other ownership interest up to 23.594 percent reasonable accommodations, should of Stearns Financial Services, Inc., Saint contact Dayna C. Brown, Acting Cloud, Minnesota, and thereby Secretary and Clerk, at (202) 694–1040, indirectly increase its control of Stearns at least 72 hours prior to the meeting Bank National Association, Saint Cloud, date. Minnesota; Stearns Bank of Upsala, PERSON TO CONTACT FOR INFORMATION: National Association, Upsala, Judith Ingram, Press Officer, Telephone: Minnesota; and Stearns Bank of (202) 694–1220. Holdingford, National Association, Signed: Holdingford, Minnesota. FEDERAL ELECTION COMMISSION Dayna C. Brown, Acting Secretary and Clerk of the Commission. [FR Doc. 2017–03456 Filed 2–16–17; 4:15 pm] BILLING CODE 6715–01–P Board of Governors of the Federal Reserve System, February 14, 2017. Yao-Chin Chao, Assistant Secretary of the Board. [FR Doc. 2017–03257 Filed 2–17–17; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States. Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act. E:\FR\FM\21FEN1.SGM 21FEN1

Agencies

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Notices]
[Pages 11218-11221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03353]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9959-09-Region 10]


Washington State Department of Ecology Prohibition of Discharges 
of Vessel Sewage; Final Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination.

-----------------------------------------------------------------------

SUMMARY: The Regional Administrator of the Environmental Protection 
Agency, Region 10, has determined that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for all marine waters of Washington State inward 
from the line between New Dungeness Lighthouse and the Discovery Island 
Lighthouse to the Canadian border, and fresh waters of Lake Washington, 
Lake Union, and connecting waters between and to Puget Sound. This 
notice constitutes EPA's final determination on the petition submitted 
by the Washington State Department of Ecology on July 21, 2016, 
pursuant to Section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 
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 Puget Sound. This determination does not 
itself constitute the designation of a no-discharge zone, rather, the 
State of Washington may now in its discretion

[[Page 11219]]

finalize its proposed designation in accordance with state law and take 
the steps it deems appropriate to implement and enforce the discharge 
prohibition.

EPA Response to Public Comments on the November 7, 2016 Preliminary 
Affirmative Determination

    On November 7, 2016, EPA published notice of its preliminary 
affirmative determination that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the waters subject to Washington's proposed 
no-discharge zone [FR Number 2016-26877; 81 FR 78141, November 7, 2016] 
with a 30-day public comment period. At the request of stakeholders, 
EPA extended the 30-day public comment period from December 7, 2016 to 
December 23, 2016.
    EPA received a total of 40,462 comments via letter, email, online 
using the Federal eRulemaking Portal, and in person. All forms of input 
were considered equally. Of the comments received, 328 were individual 
letters and 40,134 were form letters, mass mailers and/or petitions, a 
few with minor additions. Of the individual letters, approximately two-
thirds supported and one-third opposed EPA's preliminary affirmative 
determination. Two mass mailers totaling 72 signatures opposed EPA's 
tentative affirmative determination and 40,062 supported it. Comments 
were submitted by individuals, environmental organizations, vessel 
associations, boating and yacht clubs, industry representatives, port 
authorities, county, federal, local and tribal governmental entities, 
and other interested groups.
    In addition to comments expressing support or opposition to a Puget 
Sound no-discharge zone, many commenters specifically addressed the 
adequacy and availability of pumpout facilities, while others focused 
on broader issues beyond the scope of EPA's review and determination. 
All of the relevant comments received have been considered. EPA has 
prepared a response to comments that supports this determination. The 
response to comments document can be found at this Web site: https://www.epa.gov/puget-sound/epas-final-determination-no-discharge-zone-puget-sound.

FOR FURTHER INFORMATION, CONTACT: Catherine Gockel, U.S. EPA Region 10, 
Office of Water and Watersheds, 1200 Sixth Ave., Seattle, Washington 
98101; telephone number (206) 553-0325; fax number (206) 553-1280; 
email address gockel.catherine@epa.gov.

SUPPLEMENTARY INFORMATION: The Department of Ecology has petitioned the 
United States Environmental Protection Agency (EPA), Region 10, 
pursuant to section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 
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 Puget Sound. As described in the State's 
petition, submitted to EPA on July 21, 2016, the Washington State 
Department of Ecology has determined that the protection and 
enhancement of the quality of the waters of Puget Sound requires 
greater environmental protection, and petitioned the United States 
Environmental Protection Agency, Region 10, 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.
    According to the Ecology's petition, the western boundary of the 
NDZ would be the exit of the Strait of Juan de Fuca near the entrance 
of Admiralty Inlet. This boundary is known and visible to vessel 
operators as it is the line between New Dungeness Lighthouse and 
Discovery Island Lighthouse. The northern boundary would be the border 
with Canada and heading south including all marine waters down to the 
south end of the south Sound and Hood Canal. The fresh waters of Lake 
Washington, Union Bay, Montlake Cut, Portage Bay, Lake Union, Fremont 
Cut, the Lake Washington Ship Canal, and Salmon Bay (the connecting 
waters from Lake Washington to Puget Sound) would be included. For more 
information regarding the State's planned no-discharge zone, please go 
to: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/nodischargezone.html.

Washington State Department of Ecology's Certificate of Need

    The Washington State Department of Ecology developed its petition 
in order to establish a vessel sewage no-discharge zone for all marine 
waters of Washington State inward from the line between New Dungeness 
Lighthouse and the Discovery Island Lighthouse to the Canadian border, 
and fresh waters of Lake Washington, Lake Union, and connecting waters 
between and to Puget Sound, and has submitted a certificate that the 
protection and enhancement of the waters described in the petition 
require greater environmental protection than the applicable Federal 
standard.

Adequacy and Availability of Sewage Pumpout Facilities

    EPA's determination is based on the information provided in 
Ecology's July 21, 2016 petition as well as supplemental information 
that Ecology submitted to EPA on October 14, 2016, regarding commercial 
vessel pumpout availability in Puget Sound. In reaching this final 
determination, EPA has conducted additional outreach to verify and 
confirm the information provided in Ecology's submittals and follow up 
on comments received. The information obtained further supports EPA's 
determination that adequate pumpout out facilities for the safe and 
sanitary removal of sewage are reasonably available for both commercial 
and recreational vessels. Additional detail is provided below and in 
EPA's response to comments document.
    Guidelines issued pursuant to the Clean Vessel Act for recreational 
vessels recommend one pumpout station for every 300-600 boats [Clean 
Vessel Act: Pumpout Station and Dump Station Technical Guidelines, 
Federal Register, Vol. 59, No. 47, March 10, 1994]. In its petition, 
the State described the recreational vessel population in Puget Sound 
as well as the stationary pumpout facilities and mobile pumpout 
services that are available for use.
    The State used two methods to develop a reasonable estimate of the 
recreational vessel population in Puget Sound. The first method was 
based on boater registration records obtained from the Washington State 
Department of Licensing (DOL). Using data from the DOL, the maximum 
estimated number of recreational vessels in each of the Washington 
State counties bordering Puget Sound that might require access to 
pumpout facilities or services under NDZ regulations (i.e., boats 
larger than 21 feet) is 43,677. Vessels under 21 feet were not included 
in the estimate because they typically do not have an installed toilet. 
Because boater registration data may include a number of small, locally 
registered, commercial vessels such as fishing boats or tug boats, the 
total may be an overestimate.
    The second method was based on the number of moorages and slips 
available to boaters, using Google Earth imagery captured during the 
summers of 2011 and 2012 to count vacant and occupied marina slips and 
moored vessels. Using this method, the State estimates a recreational 
vessel population of 23,555. The State believes that this also may be 
an overestimate, albeit less of an overestimate than the number

[[Page 11220]]

calculated using the DOL boater registration data.
    The State's petition also provided information about 173 pumpout 
units at 102 locations, and 21 mobile pumpout boats available for 
recreational vessels in Puget Sound. EPA's review of Ecology's petition 
and the comments received has confirmed that the total number, location 
and availability of these pumpout facilities and services track the 
overall distribution of the recreational vessel population. The ongoing 
costs for recreational vessels to pumpout is minimal, with most 
pumpouts being free or $5 per pumpout. The majority of pumped sewage is 
sent to wastewater treatment plants; however, some is sent to onsite 
septic tanks that meet federal requirements.
    The most conservative estimate of the ratio of pumpout facilities 
to recreational vessels is 1:171 boats for each pumpout facility, not 
including the mobile services. Based on DOL vessel registration data, 
there is a maximum of 43,677 recreation vessels in Puget Sound that 
could require access to pumpout facilities. As noted above, this is the 
State's most conservative (high) estimate. Using a 40 percent peak 
occupancy rate recommended by the Clean Vessel Act Technical Guidelines 
cited above, EPA has calculated that 17,471 of the 43,677 boats 
recreational vessels would require access to a pumpout facility during 
peak boating season. The State identified 102 recreational pumpout 
locations, which results in a ratio of 171 recreational vessels for 
each pumpout location, not including the mobile services. Applying the 
same 40% occupancy rate to the lower recreational vessel estimate of 
23,555 obtained from the moorage count results in a ratio of 92 
recreational vessels for each pumpout location, not including the 
mobile services.
    Accordingly, even using the more conservative vessel count, the 
resulting ratio well exceeds the recommended minimum ratio of 1:600. In 
addition, EPA has confirmed that numerous mobile pumpout trucks and 
vessels are available to provide service for recreational vessels 
throughout Puget Sound. As set forth in Table 8 of Ecology's supplement 
information, there are 194 mobile pumpout companies; of these, at least 
52 vacuum trucks and two mobile pumpout vessels are available for 
pumping out larger recreational vessels. Mobile pumpout services are 
available seven days a week, with extended hours during the busy summer 
months. These mobile services provide additional pumpout options to 
address concerns raised regarding location or access issues. Additional 
information is provided in EPA's response to comments document.
    Based on this information, EPA determines that adequate pumpout 
facilities for the safe and sanitary removal and treatment of sewage 
for recreational vessels are reasonably available for the waters of 
Puget Sound.
    Puget Sound is also used by many different sizes and types of 
commercial vessels. The State used a study conducted by the Puget Sound 
Maritime Air Forum (Starcrest, 2007) to develop a reasonable estimate 
of commercial vessel use of Puget Sound. The study concluded that there 
were 2,937 entries of large oceangoing vessels into Puget Sound in 
2005, and an estimated 678 other commercial vessels that operate mostly 
within Puget Sound (e.g., escort tugs) or have Puget Sound as their 
home port (e.g., the fleet of fishing vessels that travels to Alaska 
each year). According to the State, current commercial vessel 
statistics are estimated to be similar to the data from 2005. Based on 
information provided by a commenter, updated information in 2013 may 
raise this number to 709. As discussed below, this difference of 31 
vessels does not make a measurable difference in terms of EPA's 
conclusions regarding the ratio of commercial vessels to available 
pumpout facilities.
    The large, oceangoing transient commercial vessels that are only in 
Puget Sound for a short period of time (e.g., large cruise ships, 
freighters and tankers) have large enough holding tanks to hold their 
waste during the time they are in Puget Sound, with some exceptions. 
Although included in the initial overall vessel estimate, these vessels 
do not have a need to pumpout and were not included when assessing the 
adequacy of pumpout facilities. Washington State Ferries (WSDOT 
ferries) and U.S. military vessels have holding tanks and use large-
scale, dedicated pumpout facilities where they are moored. Smaller 
commercial vessels, such as ferries, tugboats, excursion vessels, and 
fishing vessels with installed toilets can use the stationary pumpouts, 
mobile pumpout service vessels, some of the recreational pumpouts, or 
shore-based pumper trucks, described in more detail below.
    The State identified eight stationary pumpouts dedicated to WSDOT 
ferries, three dedicated to U.S. Navy vessels, one dedicated to the 
Victoria Clipper vessels and one for the McNeil Island Department of 
Corrections vessels. The Port of Bellingham cruise terminal area also 
has three stationary pumpouts, one of which is used for Alaska Marine 
Highway vessels and two other pumpouts that can serve other commercial 
vessels. Although not included in this analysis, EPA notes that two 
more commercial pumpouts are being installed, one in Seattle for all 
commercial vessels and another at the Port of Bellingham mostly for 
fishing vessels. Estimated dates for completion are March and September 
2017, respectively.
    The State's supplemental information identified five companies that 
specialize in commercial marine work and that are capable of removing 
sewage from commercial vessel holding tanks. These five companies have 
a combined total of approximately 52 trucks (capacity ranging from 
2,200-7,000 gallons each) and two mobile barges (capacity of 3,000 
gallons each). These companies serve all of Puget Sound and can provide 
pumpout services at a variety of docks and ports for all types of 
commercial vessels, including tugs, fishing vessels, USCG vessels, 
smaller cruise ships, tankers, and other vessels. EPA contacted four of 
the commercial marine work companies identified in Ecology's 
supplemental information document and confirmed that the information 
provided was accurate.
    The State's petition and supplemental information also identified 
21-23 mobile pumpout vessels. These mobile pumpouts primarily service 
recreational boats, but several have serviced commercial vessels such 
as charter boats, fishing vessels, U.S. Coast Guard vessels, and 
passenger vessels. The mobile pumpout boats have a capacity between 40 
and 450 gallons and cover vast areas geographically as they are able to 
move to vessels, although some stay within their own marina or harbor 
area. In addition to the pumpouts described above, there are 
approximately 140 licensed or certified pumper truck companies in Puget 
Sound that primarily pump out septic tanks, but that can also pump out 
vessel sewage. The number of trucks in each company ranges from 1-13, 
and approximately half of these companies contacted by the State are 
currently, or are willing to, pump out commercial vessel sewage.
    The State indicates that the number of commercial vessels that are 
likely to be in regular need of pumpout facilities within a no-
discharge zone would include the non-ocean going vessels that include 
tugboats, commercial fishing vessels, small passenger vessels, NOAA 
research and survey vessels, WSDOT Ferries, military and other 
government vessels, excursion and other commercial vessels. Given that 
the WSDOT Ferries, military vessels, and Victoria Clipper vessels all 
have dedicated stationary pumpouts, they have been removed

[[Page 11221]]

from the count and EPA has not included their 14 dedicated pumpout 
facilities in the analysis below. Using the starting number of 678 from 
the 2005 Starcrest survey, this leaves an approximate 600 vessels that 
would be in need of other pumpout facilities. Using the starting number 
of 709 from the 2013 Starcrest survey would leave 631 vessels in need 
of pumpout facilities.
    With the two stationary commercial pumpouts, at least 52 Sound-wide 
commercial pumper trucks, and the two Sound-wide mobile commercial 
pumpout barges described above, this amounts to at least 56 pumpouts 
available for commercial vessels which results in an approximate ratio 
of 11:1, using either the 600 or 631 vessel estimates cited above. In 
addition to this ratio, EPA has considered the fact that these mobile 
pumpouts provide service throughout Puget Sound, provide sufficient 
capacity for commercial vessels, and generally do not experience dock 
access issues. Moreover, these pumpout services can be scheduled by 
appointment to accommodate vessel needs and itineraries, and are 
sufficiently diversified such that they do not experience seasonal 
fluctuations. Given the widespread availability and flexibility of 
these services and the overall ratio of 11:1, EPA determines that 
adequate pumpout facilities for the safe and sanitary removal and 
treatment of sewage for commercial vessels are reasonably available for 
the waters of Puget Sound.
    EPA further notes that the estimated ratio may be conservative, 
given that a number of the mobile pumpout boats and pumper trucks 
described above may also provide commercial pumpout services.

Table of Facilities

    A list of pumpout facilities, phone numbers, locations, hours of 
operation, water depth, and fees is provided at this link to the 
Washington Department of Ecology Web site: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/VesselPumpoutTables.pdf.
    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 
reasonably available for the waters of Puget Sound.

    Dated: February 13, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-03353 Filed 2-17-17; 8:45 am]
 BILLING CODE 6560-50-P