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Notice

New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination

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AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice—Receipt of petition and tentative affirmative determination.

SUMMARY:

Notice is hereby given that, pursuant to Clean Water Act, Section 312(f)(3) (33 U.S.C. 1322(f)(3)), the State of New York has determined that the protection and enhancement of the quality of the New York State areas of the Long Island Sound requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters.

New York State has proposed to establish a “Vessel Waste No-Discharge Zone” for the Long Island Sound that encompasses approximately 760 square miles, includes the open waters, harbors, bays and navigable tributaries of the Sound and a portion of the East River, from the Hell Gate Bridge in the west to the northern bounds of Block Island Sound in the east. It excludes waters of Mamaroneck Harbor, Huntington-Northport Bay Complex, Port Jefferson Complex, Hempstead Harbor and Oyster Bay/Cold Spring Harbor Complex, which have been previously designated as No Discharge Zones.

DATES:

Comments regarding this tentative determination are due by May 11, 2011.

ADDRESSES:

You may submit comments by any of the following methods:

  • E-mail: chang.moses@epa.gov. Include “Comments on Tentative Affirmative Decision for NYS LIS NDZ” in the subject line of the message.
  • Fax: 212-637-3891.
  • Mail and Hand Delivery/Courier: Moses Chang, U.S. EPA Region 2, 290 Broadway, 24th Floor, New York, NY 10007-1866. Deliveries are only accepted during the Regional Office's normal hours of operation (8 a.m. to 5 p.m., Monday through Friday, excluding federal holidays), and special arrangements should be made for deliveries of boxed information.
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FOR FURTHER INFORMATION CONTACT:

Moses Chang, (212) 637-3867, e-mail address: chang.moses@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

Notice is hereby given that the State of New York (NYS or State) has petitioned the United States Environmental Protection Agency, Region 2, (EPA) pursuant to section 312(f)(3) of Public Law 92-500 as amended by Public Law 95-217 and Public Law 100-4, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the NYS areas of the Long Island Sound (LIS or Sound). Adequate pumpout facilities are defined as one pumpout station for 300-600 boats under the Clean Vessel Act: Pumpout Station and Dump Station Technical Guidelines (Federal Register, Vol. 59, No. 47, March 10, 1994).

The Long Island Sound is one of the nation's premier water bodies, and supports a variety of possible uses—fish and shellfisheries, fish spawning areas, breeding grounds, valuable wildlife habitats, bathing beaches, commercial and recreational boating, and a profusion of recreational resources.

In 1985, recognizing the Sound's ecological and economic value, New York State partnered with Connecticut and the EPA to create and support the Long Island Sound Study (LISS). The Sound was recognized as an Estuary of National Significance under the Clean Water Act in 1988, and as such, is one of the nation's twenty-eight (28) National Estuary Programs.

The ecological, economic, and recreational resources provided by the Long Island Sound are vulnerable to the effects of poor water quality. The Sound was once home to some of the most productive shellfish beds in the nation, but many have now closed due to pathogen, low dissolved oxygen, and excessive nutrient contamination.

The State of Connecticut designated the Connecticut portion of the Long Island Sound as a No-Discharge Zone (NDZ) in 2007. Previously established No-Discharge Zones in both New York State and Connecticut have made important reductions in vessel waste as a source of water pollution in the Long Island Sound. Degradation of any area, however, affects the whole. Extending the No-Discharge Zone designation to the remainder of the Long Island Sound would therefore be a positive component of an overall strategy to protect and improve these waters and would create a unified approach to vessel waste for the entirety of this waterbody.

In order for EPA to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York State areas of the Long Island Sound, the State must demonstrate that the pumpout-to-vessel ratio does not exceed 1:300. In its petition, the State described the recreational and commercial vessels that use the Sound, and the pumpout facilities that are available for their use.

The recreational vessel population, 11,693, was estimated using 2008 recreational vessel registrations. In addition to recreational vessels, the Sound is used by commercial vessels. The majority of commercial vessels are small fishing vessels, tankers, tugs, or barges. Because the small fishing vessels are comparably sized to the bulk of recreational vessels, they can make use of the existing vessel pumpouts that are available for recreational vehicles. The small commercial vessel population, 500, was estimated based on aerial photographs used to develop the 1996 Statewide Clean Vessel Plan. The figures for recreational and small commercial vessels were then compared to the number of pumpouts available to determine the applicable ratio and whether the requirement is met. There are fifty-two (52) pumpout facilities funded by the Clean Vessel Assistance Program (CVAP) in the relevant areas of the Sound. Of those, twenty-six (26) discharge to a holding tank and twenty-six (26) discharge to a municipal wastewater treatment plant. There are also sixteen (16) other (non-CVAP funded) pumpouts available for recreational and small commercial vessels that either discharge to a holding tank or to a municipal wastewater Start Printed Page 19990treatment plant. Therefore, the total number of pumpouts available for the 12,193 recreational and small commercial vessels that use the Sound is sixty-eight (68), and the pumpout-to-vessel ratio for those vessels is 1:179.3 (68:12,193).

The number of large commercial vessels was estimated using the following information sources: ballast manifests; U.S. Coast Guard assessments; phone contacts with ferries, cruise ships, the State University of New York (SUNY), and the Port Authority of New York and New Jersey. On any given day, the numbers of large vessels in the New York waters of the Long Island Sound is very low, partially due to complex navigational issues. Tankers, tugs, cruise ships and barges have access to mobile pumpout facilities (i.e., “honey-dipper” trucks or boats) as they do in Connecticut, or may access pumpout facilities at their home port, outside of the region, eliminating the need for services within the Sound.

Ferries constitute the greatest need for pumpouts for large commercial vessels. The New London to Orient Point Ferry does not discharge to LIS waters. It pumps waste from its ferries into the New London City sewer system. The Bridgeport to Port Jefferson Ferry could discharge its waste into a sewage system operated by either the Town of Port Jefferson, or Suffolk County, and the ferry company is in the process of negotiating an agreement to do so. In the interim, septic truck services are readily available for pumpout while the ferries are docked in Bridgeport. SUNY Maritime College's large vessel is equipped with a marine sanitation device (MSD) that it discharges to the open sea or when docked in its home port at Fort Schuyler. SUNY may install a sewer pipe on the pier so that the vessel can discharge to the municipal system. In the interim, septic truck services are readily available for pumpout when in port at Fort Schuyler.

A list of the facilities, phone numbers, locations, hours of operation, water depth and fee is provided as follows:

List of Pumpouts in the LIS NDZ Proposed Area

No.NameLocationContact informationDates/days/hours of operationWater depth (feet)Fee
1Wright Island MarinaMilton Harbor, New Rochelle914-235-8013Memorial Day to Labor Day; daily; 9 a.m.-5 p.m10$5.00.
2Nichols Yacht Yard, IncMamaroneck Harbor, Mamaroneck914-698-6065Apr 15-Oct 15; daily; 9 a.m.-5 p.m.8Free.
3Village of Mamaroneck—Harbor Island East and West BasinMamaroneck Harbor, Mamaroneck914-777-7703; VHF 16Apr-Nov; Mon-Sun (in season); 24 hours8.5Free.
4City of Rye—Municipal Boat BasinMilton Harbor, Rye914-967-2011; VHF 16Apr 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m5Free.
5Town of Huntington—Cold Spring Harbor ReplaceCold Spring Harbor, Huntington631-351-3049; VHF 9May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m6Free.
6Village of Greenport—Boat Engine ReplacementGreenport Harbor, Greenport631-477-2385; VHF 9May 1-Oct 31; Mon-Sun; 8 a.m.-5 p.mN/A$5.00.
7Port of Egypt Marine, IncSouthold Bay, Southold631-765-2445Apr-Nov; Mon-Sun; 7:30 a.m.-5 p.m4$5.00.
8Claudio's MarinaGreenport Harbor, Greenport631-477-0355; VHF 9Apr 1-Nov 1; Mon-Sun; 8 a.m.-5 p.m10Free.
9Albertson Marine IncSouthold Bay, Southold631-765-3232; VHF 16 & 18Apr-Dec (Closed Sundays, Jan-Mar); Mon-Sun, 8 a.m.-5 p.m. (Sun 9 a.m.-3 p.m.)5$5.00.
10Fishers Island Yacht Club BoatSouthold Bay, Fisher's Island631-788-7036; VHF 73Memorial Weekend to Columbus Day; Sat, Sun, & Holidays; 9 a.m-6 p.m.10Free.
11Old Dock Bluff Park ReplaceStony Brook Harbor, Smithtown631-360-7514; VHF 16Apr-Oct; Mon-Sun; 24 Hrs4Free.
12Town of Smithtown—Long Beach Mooring AreaStony Brook Harbor, St. James631-360-7643; VHF 16Apr-Oct; Mon-Sun; 24 hours4Free.
13Coecles Harbor Marina and Boatyard, IncCoecles Harbor, Shelter Island631-749-0700; VHF 9May 15-Oct 12; Mon-Sun; 8 a.m.-5 p.m6$5.00.
14Village of Northport-Pumpout BoatNorthport Harbor, Northport631-261-7502; VHF 9May 15-Oct 15; Mon-Sun; 9 a.m.-5 p.mN/AFree.
15Town of Huntington—Woodbine MarinaNorthport Harbor, Northport631-351-3192; VHF 9May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m6Free.
16Town of Huntington—South Town DockHuntington Harbor, Halesite631-351-3049; VHF 9May 1-Oct 31; Mon-Sun; Boats 8 a.m.-8 p.m.; Stationery station 24 hours10Free.
17Town of Huntington-Mill Dam Marina PumpoutHuntington Harbor, Huntington631-351-3049; VHF 9Apr 1-Sept 30; Mon-Sun; 24 hours6Free.
18Town of Huntington—Huntington Boat PumpoutLloyd Harbor, Huntington631-351-3049; VHF 9Apr 20-Nov 30; Sat, Sun, & Holidays; 10 a.m.-8 p.m8Free.
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19Town of Huntington—Halesite Marina PumpoutHuntington Harbor, Huntington631-351-3049; VHF 9Apr 1-Sept 30; Mon-Sun; 24 hours10Free.
20Town of Huntington—Halesite Marina BoatHuntington Harbor, Huntington631-351-3049; VHF 9Memorial Day to Labor Day; Sat & Sun; 10 a.m.-8 p.mN/AFree.
21Town of Huntington—Gold Star BattalionHuntington Harbor, Huntington631-351-3049; VHF 9May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m8Free.
22Huntington Yacht ClubHuntington Harbor, Huntington631-427-4949; VHF 68Apr 15-Nov 15; Mon-Sun; 8 a.m.-8 p.m8$5.00.
23Town of Huntington-Mill Dam Marina Pumpout UpgradeHuntington Harbor, Huntington631-351-3049; VHF 9Apr 1-Dec 31; Mon-Sun; 24 hours10 low tideFree.
24Town of Brookhaven-Port Jefferson Boat-ReplacementPort Jefferson and Setauket Harbors & Conscience Bay, Port Jefferson631-473-3052; VHF 73May 15-Sept 15; Weekends & Holidays; 8 a.m.-4 p.mN/AFree.
25Town of Brookhaven—Mt. Sinai Boat-ReplacementMt. Sinai Harbor, Port Jefferson631-473-3052; VHF 73Mid-May to Mid-Sept; Weekends & Holidays; 8 a.m.-4 p.mN/AFree.
26NYCDEP-World's Fair MarinaEast River, Flushing631-595-4458; VHF 71May 1-Oct 31; Mon-Sun; 8 a.m.-6 p.m8Free.
27NYCDEP-Bayside MarinaLittle Neck Bay, Flushing718-595-4458; VHF 72May 1-Oct 31; Mon-Sun; 24 hours4-12Free.
28Capri Marine & Yachting CenterManhasset Bay, Port Washington516-883-7800; VHF 9 & 71May 1-Oct 31; Mon-Sun; 8 a.m.-10 p.m1.5Free.
29Town of Oyster Bay—Theodore Roosevelt Beach & Marina UpgradeOyster Bay516-624-6180N/AN/AFree.
30Town of Oyster Bay—Tappen Beach & MarinaHempstead Harbor, Glenwood Landing516-624-6180; VHF 9Jan-Dec; Mon-Sun; 24 hours7-8Free.
31Sea Cliff Yacht ClubHempstead Harbor, Sea Cliff516-671-7374; VHF 9May 15-Sept 15; Mon-Fri; 9 a.m.-5 p.m8$5.00.
32Town of North Hempstead—Port Washington Dock Pump ReplacementHempstead Harbor, Port Washington516-767-4622; VHF 9 & 16May 15-Nov 1; Mon-Sun; 24 hours7Free.
33Town of North Hempstead—Manorhaven Beach ParkManhasset Bay, Port Washington516-767-4622May 15-Nov 1; Wed-Sun; 8 a.m.-4 p.m6Free.
34Town of North Hempstead-Bar Beach ParkHempstead Harbor, Port Washington516-767-4622; VHF 9 & 16Apr-Oct; Mon-Sun; 24 hours6Free.
35Manhasset Bay Marina (Port Washington)—1995 ProjectManhasset Bay, Port Washington516-883-8411; VHF 9 & 71Apr 1-Oct 1; Mon-Sun; 24 hours15Free.
36InspirationWharf, c/o Ventura Management CorpManhasset Bay, Port Washington516-883-7800; VHF 7 & 9May 1-Oct 31; Mon-Sun; 8 a.m.-10 p.m6Free.
37U.S Merchant Marine AcademyLittle Neck Bay, Kings Point516-773-5798Jan-Dec; Mon-Sun; 9 a.m.-3 p.m6Free.
38Glen Cove Yacht Service & Repair, Inc.Hempstead Harbor, Glen Cove516-676-0777Apr-Oct; Mon-Sun; 24 hours6$5.00.
39City of Glen Cove—Glen Cove Yacht ClubHempstead Harbor, Glen Cove516-676-1625N/A7Free.
40Brewer Marina at Glen CoveHempstead Harbor, Glen Cove800-331-3077; VHF 9 & 16May 1-Oct 31; Mon-Sun; 7:30 a.m.-4 p.m6$5.00.
41NYCDEP—Locust Point MarinaPelham Bay, Bronx718-595-4458; VHF 68May 1-Oct 31; Mon-Sun; Sunrise to Sunset4Free.
42City Island Yacht Sales—Pumpout BoatPelham Bay, City Island718-885-2300; VHF 9Apr 1-Dec 8; Mon-Sun; 8 a.m.-4:30 p.mN/A$5.00.
43City of New Rochelle—Municipal MarinaNew Rochelle Creek & Lower Harbor, New Rochelle914-235-7339; VHF 9 & 16Apr-Nov 30; Mon-Sun; 24 hours8Free.
44Town of Oyster Bay—Theodore Roosevelt Beach & Marina Boat RepOyster Bay Harbor and Mill Neck Bay, Oyster Bay516-624-6180; VHF 9Apr 1 to Mid-Nov; 7 days/week; 24 hours7-8Free.
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45Haven MarinaManhasset Bay, Port Washington516-883-0937May-Sept; Mon-Sun; Sunrise to Sunset8Free.
46Town of Smithtown—Long Beach Park East ReplacementStony Brook Harbor, St. James631-360-7620; VHF 16Apr-Oct; Mon-Sun; 24 hours4Free.
47West Shore MarineEsopus-Lloyd—Marlborough, MarlboroVHF 16 & 19Mon-Sat, 8 a.m.-5 p.m.; Sun, 10 a.m.-5 p.mN/AFree.
48City of New Rochelle—Pumpout BoatEcho Bay, New Rochelle914-235-7339; VHF 9Memorial Day to Labor Day; Fri-Mon; 8 a.m.-4 p.mN/AFree.
49City of New Rochelle—Municipal MarinaNew Rochelle Creek & Lower Harbor, New Rochelle914-235-7339; VHF 9 & 16Apr-Nov 30; Mon-Sun; 24 hours8Free.
50Town of Huntington—Mill Dam BoatHuntington Harbor, Huntington631-351-3049; VHF 9Apr 20-Sept 30; Sat, Sun & Holidays; 10 a.m.-8 p.m8Free.
51Manhasset Pumpout BoatManhasset Bay, Syosset516-677-5853Fri-Sun & Holidays; 10 a.m.-6 p.mVariesFree.
52North Hempstead Pumpout BoatManhasset Bay516-767-4622; VHF 9 or 71Apr 1-Oct 30; Mon-Fri; 9 a.m.-3 p.mVariesFree.
53Tappen Marina Pumpout BoatOyster Bay Harbor and Mill Neck Bay, Oyster Bay516-677-5853; VHF 9June-Oct; Fri-Mon; 8 a.m.-6 p.mVariesFree.
54Western Waterfront PierOyster Bay Harbor, Oyster BayVHF 9Memorial Day to Labor Day; 7 days/week; 24 hoursN/AFree.
55Theodore Roosevelt Pumpout BoatOyster Bay Harbor and Mill Neck Bay, Oyster Bay516-677-5853; VHF 9Mid-Apr to Oct 31; Thu-Sun; 10 a.m.-6 p.mVariesFree.
56Soundview Boat RampNorthport Harbor, Northport631-351-3255; VHF 9Memorial Day to Labor Day; Sat & Sun; 8 a.m.-8 p.m6′ at low tide; 12′ at high tideFree.
57Island Boat YardWest Neck Harbor, Shelter Island631-749-3333; VHF 9Apr 15-Oct 15; Mon-Sun; 9 a.m.-5 p.m15$5.00.
58Port Jefferson MarinaPort Jefferson Harbor, Port Jefferson631-331-3567; VHF 9 for marina, VHF 73 for pumpout boatsBoats: May to Mid-Sept; Fri, Sat, & Sun; 8 a.m.-6 p.m. Barge: May-Nov; 7 days/week; 24 hours11Free.
59Brewer Yacht YardGreenport Harbor, Greenport631-477-9594; VHF 9Year-round however they do winterize. If requested, can run the pumpout in winter conditions. 7 days/week, 24 hours8Free for self service; $5.00 for assistance from attendant.
60Brewer Yacht YardGreenport Harbor, Greenport631-477-0828; VHF 95 days/week, year-round; Mon-Fri 7:30 a.m.-4 p.m.; Sat in off season 8-12; Sat in season 7:30 a.m.-7 p.m7-8N/A
61Brick Cove MarinaSouthold Harbor, Southold631-477-0830Mar-Dec; Mon-Fri, 7 a.m.-4 p.m.; Sat 9 a.m.-5 p.m.; Sun 1:30 p.m.-4 p.m6Yes, for non-marina customers.
62Goldsmith's Boat ShopSouthold Bay, Southold631-765-1600Year round; 7 days/week (closed Sun in Jan & Feb); 8:30 a.m.-4:30 p.m. (Sun 9 a.m.-4:30 p.m.)6N/A
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63Mt. Sinai Yacht ClubMt. Sinai Harbor, Mt. Sinai631-473-2993; VHF 16May 15-Oct 1; May & June, open Fri, Sat, & Sun; June to Labor Day, open 7 days/week; 9 a.m.-6 p.m20None for members; $15 for outside boaters.
64Mt. Sinai MarinaMt. Sinai Harbor, Mt. Sinai631-928-0199; VHF 9 & 73Marina: Mother's Day to 1st weekend in Nov. Pumpout boats: May to Mid-Sept (8 a.m.-6 p.m.)6Free
65Old Man's BoatyardMt. Sinai Harbor, St. James631-473-7330Apr 15-Oct 15; Mon-Fri; 8 a.m.-4 p.m8$50 for pumpout.
66Danford's MarinaPort Jefferson Harbor, Port Jefferson631-928-5200; VHF 9May 1-Oct 31; 7 days/week; 7 a.m.-9 p.m3-10Free
67Knutson West MarinaHuntington Harbor, Huntington631-549-7842N/AN/AN/A
68Seymour's BoatyardNorthport Harbor, Northport631-261-6574Apr 15-Oct 31; 7 days/week; hours vary7N/A.

Based on the above, EPA hereby proposes to make an affirmative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are available for the waters of the New York State Long Island Sound. A 30-day period for public comment has been opened on this matter, and EPA invites any comments relevant to its proposed determination.

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Dated: March 31, 2011.

Judith A. Enck,

Regional Administrator, Region 2.

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[FR Doc. 2011-8463 Filed 4-8-11; 8:45 am]

BILLING CODE 6560-50-P