Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination, 11218-11221 [2017-03353]
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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 https://
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 https://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
https://www.ferc.gov/docs-filing/
elibrary.asp. Enter the docket number
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(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
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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
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Notice entitled ‘‘Statutory Requirements
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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:
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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:
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finalize its proposed designation in
accordance with state law and take the
steps it deems appropriate to implement
and enforce the discharge prohibition.
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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.
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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:
https://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
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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
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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
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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
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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
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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: https://
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
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standards in section 4 of the BHC Act
(12 U.S.C. 1843). Unless otherwise
Sunshine Act Meetings
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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:
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Draft Advisory Opinion 2016–23:
Avenue, Minneapolis, Minnesota
Socialist Workers Party
55480–0291:
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1. Stearns Financial Services, Inc.
Matters
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Individuals who plan to attend and
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additional stock and increase its
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of Stearns Financial Services, Inc., Saint
contact Dayna C. Brown, Acting
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indirectly increase its control of Stearns
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date.
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FEDERAL ELECTION COMMISSION
Dayna C. Brown,
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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
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The companies listed in this notice
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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
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assets or the ownership of, control of, or
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bank holding company and all of the
banks and nonbanking companies
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The applications listed below, as well
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Board, are available for immediate
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persons may express their views in
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the BHC Act (12 U.S.C. 1842(c)). If the
proposal also involves the acquisition of
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Notice of Proposals To Engage in or
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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
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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.
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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: https://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: https://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
