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Notice

Massachusetts Marine Sanitation Device Standard-Notice of Determination

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AGENCY:

Environmental Protection Agency (EPA).

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 coastal waters of Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury, Newburyport, Salisbury, Amesbury, West Newbury, Merrimac, Groveland, North Andover, Haverhill, Methuen, and Lawrence, collectively termed the Upper North Shore for the purpose of this notice.

ADDRESSES:

Docket: All documents in the docket are listed in the http://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 http://www.regulations.gov.

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FOR FURTHER INFORMATION CONTACT:

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. E-mail address: rodney.ann@epa.gov.

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SUPPLEMENTARY INFORMATION:

On May 20, 2010, 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 the Upper North Shore. Four comments were received on this petition. The response to comments can be obtained utilizing the above contact information.

The petition was filed pursuant to Section 312(f)(3) of Public Law 92-500, 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 Start Printed Page 43980treated 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 the Upper North Shore. The NDA boundaries are as follows:

Waterbody/General areaFrom longitudeFrom latitudeTo longitudeTo latitude
The southern edge of the Upper North Shore NDA boundary is the Manchester/Gloucester municipal line at70°42′50″ W42°34′21″ N70°35′59″ W42°33′02″ N
The northern edge of the Upper North Shore NDA boundary is MA/Seabrook, NH border at70°48′47″ W42°52′19″ N70°43′57″ W42°52′35″ N
On the Merrimack River, the inland edge of the NDA boundary is at the Essex Dam in Lawrence at71°09′58″ W42°42′02″ N
On the Parker River, the inland edge of the NDA boundary is at the MBTA bridge in Newbury at70° 52′00″ W42° 45′20″ N
On the Rowley River, the inland edge of the NDA boundary is at the MBTA bridge on the Rowley/Ipswich town line at70° 51′28″ W42° 43′19″ N
On the Ipswich River, the inland edge of the NDA boundary is at County Street in Ipswich at70° 50′07″ W42° 40′44″ N
On the Essex River, the inland edge of the NDA boundary is at Main Street in Essex at70° 46′43″ W42° 37′55″ N

The eastern edge of the boundary is contiguous with the state/federal line also known as the Submerged Lands Act boundary line and Territorial Sea boundary. The area includes the municipal waters of Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury, Newburyport, Salisbury, Amesbury, West Newbury, Merrimac, Groveland, North Andover, Haverhill, Methuen, and Lawrence.

The information submitted to EPA by the Commonwealth of Massachusetts certifies that there are 13 pumpout facilities located within this area. A list of the facilities, with locations, phone numbers, and hours of operation is appended at the end of this determination.

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 Public Law 92-500, as amended by Public Laws 95-217 and 100-4.

Pumpout Facilities Within the No Discharge Area

[Upper North Shore]

NameLocationContact Info.HoursMean low water depth (ft)
Gloucester Cape Ann Marina75 Essex Ave., Annisquam River978-283-3293; VHF 108am-4pm6
Gloucester Harbormaster19 Harbor Loop978-282-3012; VHF 16On callN/A
Rockport Harbormaster34 Broadway978-546-9589; VHF 9, 16On callN/A
Ipswich Harbormaster15 Elm Street, Plum Island Sound978-356-4343; VHF 9, 16On callN/A
Rowley Harbormaster497 Main StreetVHF 9Thur-Tue; 10am-6pmN/A
Rowley, Perley's Marina109 Warehouse Lane978-948-2812; VHF 9, 16Mon-Fri 8am-6pm; Sat-Sun 8am-5pm4
Newbury Riverfront Marina292 High Road978-465-6090; VHF 98am-5pm (6pm weekend)4
Newburyport Cashman ParkMerrimack River978-462-3746; VHF 12, 16Self Service Memorial Day/End of October6
Newburyport Harbormaster60 Pleasant Street978-462-3746; VHF 12, 16Fri 1pm-5pm; Sat, Sun & Holidays 9am-5pmN/A
Amesbury Marina at Hatter's Point60 Merrimac Street978-388-7333; VHF 98am-9pm4
West Newbury HarbormasterMerrimack River Town Dock978-363-1213; VHF 9, 16On call; 9am-5pmN/A
Salisbury HarbormasterTown Wharf978-499-0740; VHF 12On callN/A
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Dated: June 28, 2010.

H. Curtis Spalding,

Regional Administrator, New England Region.

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[FR Doc. 2010-18363 Filed 7-26-10; 8:45 am]

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