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Notice

Massachusetts Marine Sanitation Device Standard-Notice of Determination

Action

Notice Of Determination.

Summary

The Regional Administrator of the Environmental Protection Agency—New England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the state waters of Vineyard and Nantucket Sounds and the Islands collectively termed Southern Cape Cod.

 

Table of Contents Back to Top

Tables Back to Top

ADDRESSES: Back to Top

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Back to Top

Ann Rodney, U.S. Environmental Protection Agency—New England Region, Office of Ecosystem Protection, Oceans and Coastal Protection Unit, Five Post Office Square, Suite 100, OEP06-1, Boston, MA 02109-3912. Telephone: (617) 918-1538. Fax number: (617) 918-0538. Email address: rodney.ann@epa.gov.

SUPPLEMENTARY INFORMATION: Back to Top

On April 26, 2012, EPA published a notice that the Commonwealth of Massachusetts had petitioned the Regional Administrator, Environmental Protection Agency, to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters of Southern Cape Cod. Eight comments were received on this petition and all endorsed this designation. The response to comments can be obtained using the above contact information.

The petition was filed pursuant to Section 312(f)(3) of 92, as amended by Public Laws 95-217 and 100-4, for the purpose of declaring these waters a No Discharge Area (NDA).

Section 312(f)(3) states: After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such State require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply.

This Notice of Determination is for the waters of Southern Cape Cod. The NDA boundaries are as follows:

Waterbody/general area Latitude Longitude
West of the Elizabeth Islands 41°24′35.11″ N 70°56′54.62″ W
West of the Elizabeth Islands 41°22′30.32″ N 70°59′51.57″ W
West of the Elizabeth Islands 41°24′17.81″ N 71°02′06.69″ W

The upper-eastern area of the NDA is bound by the Outer Cape NDA:

Waterbody/general area Latitude Longitude
South of Monomoy Island 41°32′29.79″ N 70°00′36.28″ W
South of Monomoy Island 41°29′14.59″ N 70°00′10.93″ W

The small triangle of Commonwealth waters at the mouth of Buzzards Bay will be bound by the following coordinates along the Federal/State boundary line:

Waterbody/general area Latitude Longitude
Mouth of Buzzards Bay 41°24′50.40″ N 71°02′48.61″ W
Mouth of Buzzards Bay 41°25′25.66″ N 71°03′31.78″ W
Mouth of Buzzards Bay 41°25′18.57″ N 71°04′18.47″ W

The two temporarily undesignated areas will be bound by the following coordinates:

Area 1:

Waterbody/general area Latitude Longitude
Vineyard Sound 41°30′33.61″ N 70°40′06.67″ W
Vineyard Sound 41°30′49.20″ N 70°39′19.65″ W
Vineyard Sound 41°30′59.29″ N 70°39′02.76″ W
Vineyard Sound 41°30′03.08″ N 70°33′54.78″ W
Vineyard Sound 41°28′22.57″ N 70°33′27.72″ W
Vineyard Sound 41°28′44.74″ N 70°35′18.74″ W
Vineyard Sound 41°29′08.60″ N 70°35′32.38″ W

Area 2:

Waterbody/general area Latitude Longitude
Nantucket Sound 41°34′27.90″ N 70°16′48.99″ W
Nantucket Sound 41°34′27.90″ N 70°15′00.99″ W
Nantucket Sound 41°33′20.36″ N 70°14′39.33″ W
Nantucket Sound 41°31′41.73″ N 70°12′27.06″ W
Nantucket Sound 41°31′07.88″ N 70°15′32.25″ W

The boundaries were chosen to maximize the area designated, give larger vessels a temporary window in which to comply with this proposed regulation, and generally represent all navigational waters. The Southern Cape Cod NDA will encompass the state waters of Vineyard and Nantucket Sounds and the Islands.

The information submitted to EPA by the Commonwealth of Massachusetts certifies that there are 29 pumpout facilities available to the boating public. The location, contact information, hours of operation, and water depth are provided at the end of this notice.

Based on the examination of the petition and its supporting documentation, and information from site visits conducted by EPA New England staff, EPA has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the area covered under this determination.

This determination is made pursuant to Section 312(f)(3) of 92, as amended by Public laws 95-217 and 100-4.

Pumpout Facilities Within Proposed No Discharge Area Back to Top
Name Location Contact information Hours of operation Depth (ft)
Menemsha Harbor Chilmark 508-645-2846, VHF 9,16 8 a.m.-4 p.m. 4
Vineyard Haven Harbor/Tashmoo Pond Tisbury 508-696-4249, VHF 9 9 a.m.-4 p.m. NA
Tisbury Wharf Co. 144 Beach Road, P.O. Box 1317, Tisbury 508-693-9300, VFH 9 9 a.m.-4 p.m. 4
Oak Bluffs Harbor Oak Bluffs 508-693-4355, VHF 71 9 a.m.-4 p.m. NA
Oak Bluffs Harbor Marina Box 1327, Oak Bluffs 508-693-4355, VHF 71 9 a.m.-4 p.m. 6
Edgartown Marina 1 Morse Street Edgartown 508-627-4746, VHF 9, 74 8 a.m.-4 p.m. 6
Edgartown Harbor 1 Morse Street Edgartown 508-627-4746, VHF 9, 74 8 a.m.-4 p.m. NA
Falmouth Marine Inner Harbor 278 Scranton Avenue, Falmouth 508-548-4600, VHF 9, 16 9 a.m.-5 p.m. 6
McDougall's Inner Harbor 145 Falmouth Heights Road, Falmouth 508-548-3146, VHF 9, 16 9 a.m.-5 p.m. NA
Falmouth Town Dock Falmouth 508-457-2550, VHF 9, 16 9 a.m.-5 p.m. 6
Green Pond Marina 70 Green Harbor Road, East Falmouth 508-457-9283, VHF 9, 16 9 a.m.-4 p.m. 3
Bosun's Marine 1209 East Falmouth Highway, Route 28, Falmouth 508-548-2216, VHF 9, 16 9 a.m.-4 p.m. 3
Waquoit Bay/Inner Harbor Falmouth 508-457-2550, VHF 9, 16 9 a.m.-5 p.m. NA
Popponessett Bay Mashpee 508-539-1450, VHF 9, 16 9 a.m.-4 p.m. NA
Oyster Harbor Marine 122 Bridge Street, Osterville 508-428-2017, VHF 9, 79 9 a.m.-4 p.m. 6
Crosby Yacht Yard 72 Crosby Circle Osterville, MA 508-428-6900 VHF 9 9 a.m.-5 p.m. 6
Centerville Harbor/3 Bays Barnstable 508-790-6273, VHF 9, 16 9 a.m.-4 p.m. NA
Bismore Park (Hyannis) 180 Ocean Street Hyannis 508-790-6273, VHF, 9, 16 9 a.m.-5 p.m. 6
Hyannis Marine 1 Willow Street, Hyannis 508-790-4000, VHF 9, 72 9 a.m.-5 p.m. 6
Lewis Bay/Hyannis Harbor/Bass River Yarmouth 508-760-4800, VHF 66 9 a.m.-4 p.m. NA
Bass River Packet Landing, Water Street. Yarmouth 508-760-4800, VHF 66 9 a.m.-4 p.m. 3
Bass River Marina 140 Main Street, West Dennis 508-394-8341, VHF 71 8 a.m.-5 p.m. 3
Saquatucket, Allen & Wychmere Harbors (Within existing NDA) Harwich 508-430-7532, VHF 68 9:30 a.m.-3:30 p.m. NA
Saquatucket, fuel dock (Within existing NDA) Harwich 508-430-7532, VHF 68 9 a.m.-5 p.m. 5
Stage Harbor (Within existing NDA) Chatham 508-945-5185, VHF 16, 66 7 a.m.-6 p.m. 5.5
Madaket Marine (Within Existing NDA) Nantucket 508-228-1163, VHF 9, 16 9 a.m.-5 p.m. 3
Nantucket Boat Basin (Within Existing NDA) Nantucket 508-325-1350, VHF 9, 11 9 a.m.-5 p.m. 6
Nantucket Harbor (Within Existing NDA) Nantucket 508-228-7261, VHF 9, 14 9 a.m.-4 p.m. 6
Nantucket Harbor (Within Existing NDA) Nantucket 508-228-7261, VHF 9, 14 9 a.m.-4 p.m. NA

Dated: June 20, 2012.

H. Curtis Spalding,

Regional Administrator, New England Region.

[FR Doc. 2012-16057 Filed 6-28-12; 8:45 am]

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