[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59681-59684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23688]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9901-45-Region2]
New York State Prohibition of Discharges of Vessel Sewage;
Receipt of Petition and Tentative Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Receipt of petition and tentative affirmative determination.
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SUMMARY: Notice is hereby given that, pursuant to Clean Water Act
Section 312(f)(3), the State of New York has determined that the
protection and enhancement of the quality of the New York State (NYS or
the State) area of Lake Erie 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.
NYS has proposed to establish a ``Vessel Waste No Discharge Zone''
for the NYS area of Lake Erie stretching from the Pennsylvania-New York
State boundary to include the upper Niagara River to Niagara Falls. The
proposed No Discharge Zone encompasses approximately 593 square miles
and 84 linear shoreline miles, including the navigable portions of the
Upper Niagara River and numerous other tributaries and harbors,
embayments of the Lake including Barcelona Harbor, Dunkirk Harbor and
Buffalo Outer Harbor, and other formally designated habitats and
waterways of local, state, and national significance.
On December 6, 2012, the EPA completed the review of NYS's petition
and issued a tentative affirmative determination in the Federal
Register that adequate facilities for the safe and sanitary removal and
treatment of sewage from all vessels for such waters are reasonably
available. During the 30-day public comment period, the EPA received
significant comments regarding the availability of adequate pumpouts
for commercial vessels. Specifically, two commenters submitted that the
December 6, 2012 notice did not contain adequate information about the
availability of pumpout facilities for large commercial vessels.
Therefore, the EPA and New York State collected additional information
to demonstrate the reasonable availability of pumpout services for
commercial vessels that use the New York area of Lake Erie. The EPA
hereby republishes its tentative affirmative determination with the
additional information included.
DATES: Comments regarding this tentative determination are due by
October 28, 2013.
Petition: The Lake Erie No Discharge Zone Petition is available at:
http://www.epa.gov/region2/water/permits.html.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``Comments on
Tentative Affirmative Decision for NYS Lake Erie 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
[[Page 59682]]
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.)
FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, email
address: [email protected].
SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New
York 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 area of Lake
Erie.
New York State's Certification of Need
The New York State Department of Environmental Conservation (DEC)
developed its petition in collaboration with the New York State
Department of State (DOS) and the New York State Environmental
Facilities Corporation (EFC) in order to establish a vessel waste No
Discharge Zone (NDZ) on the open waters, tributaries, harbors and
embayments of the New York State area of Lake Erie, and has submitted a
Certification of the Need for Greater Protection and Enhancement of
Lake Erie waters. Below is a summary of the basis for New York's
certification.
The Great Lakes are the largest group of freshwater lakes on Earth,
containing 95% of the fresh surface water in the United States and
acting as the largest single reservoir on Earth. The glacial history
and the influence of the Lakes themselves create unique conditions that
support a wealth of biological diversity, including over 200 globally
rare plants and animals and more than 40 species that are found nowhere
else in the world.
Lake Erie is the smallest and shallowest of the Great Lakes, with
depths that range from an approximate average of 24 feet in the western
basin, to 82 feet in the deeper eastern basin. Because of its
shallowness, it warms quickly in the spring and summer and cools
quickly in the fall. As a result, Lake Erie is the most biologically
productive of the Great Lakes.
The Lake Erie watershed is also home to approximately one-third of
the total human population of the Great Lakes basin--11.6 million
people (10 million in the U.S. and 1.6 million in Canada), including 17
metropolitan areas with more than 50,000 residents. The majority, 11
million people, receive their drinking water from the Lake. Of all the
Great Lakes, Lake Erie is exposed to the greatest stress from
urbanization, industrialization and agriculture. Because the Lake Erie
basin supports the largest population, it also surpasses all the other
Great Lakes in the amount of effluent discharged from sewage treatment
plants.
There are 18 designated Significant Coastal Fish and Wildlife
Habitats in the two counties that comprise New York's Lake Erie
shoreline including: Cattaraugus Creek, Dunkirk Harbor, Buckhorn Island
Wetlands and Grand Island Tributaries. These habitats are essential to
the survival of a large portion of lake fish or wildlife population and
support populations of species which are of special concern and which
have significant commercial, recreational, and educational value.
The New York State shoreline and waters of Lake Erie also host a
variety of swimming, boating and recreational activities. These
recreational activities act as a source of revenue to the regional
economy by bringing people to the shoreline, where they patronize local
businesses.
Virtually all of Lake Erie is classified by New York State as Class
A waters. This classification means that the best uses of these waters
are for drinking, culinary or food processing purposes, recreation and
fishing, and that the waters shall be suitable for fish, shellfish, and
wildlife propagation and survival. Also, when the water in the Lake is
used as a source of drinking water, it must comply with the New York
State Department of Health's (DOH) drinking water safety standards.
There are currently six New York municipal and community water
supplies, including Buffalo and Erie County, that draw water from Lake
Erie to serve approximately 275,000 people.
In summary, as one of the nation's premier water bodies, Lake Erie
supports several important uses, including drinking water supplies,
valuable habitats, commercial shipping, recreational boating and other
recreational activities, and serves as an economic engine for the
region. The protection and enhancement of the open waters, tributaries,
harbors and embayments of the New York State area of Lake Erie require
greater protection than is afforded by applicable federal standards. An
NDZ designation covering the NYS waters of the Lake represents one
component of a comprehensive approach to water quality management,
which also includes initiatives to control point and non-point source
pollution, including pollution associated with municipal discharges,
combined sewer overflows, and storm water runoff.
Adequacy and Availability of Sewage Pumpout Facilities
Adequate pumpout facilities for recreational vessels are defined,
under the Clean Vessel Act, as one pumpout station for every 300--600
boats. See Clean Vessel Act: Pumpout Station and Dump Station Technical
Guidelines (Federal Register, Vol. 59, No. 47, March 10, 1994). Two
major sources of information were consulted to develop a reasonable
estimate of recreational vessel population. The first was DOS's Clean
Vessel Act Plan (``Statewide Plan''), released in 1996. Using data from
the Statewide Plan, the estimated number of recreational vessels in
each of the counties bordering Lake Erie is 2,029. The second source
for the State's estimate of the recreational vessel population is
boater registrations, obtained through the New York State Office of
Parks, Recreation and Historic Preservation's 2010 Boating Report
(OPRHP Report) for the counties of Erie and Chautauqua (all of which
have shoreline on Lake Erie). The data in the OPRHP Report yields an
estimate of 2,204 vessels with marine sanitation devices (MSDs) in the
respective counties, which are assumed to operate in Lake Erie.
The State provided sufficient information about fifteen pumpout
facilities that are publicly available for use by recreational and
small commercial vessels in the New York State area of Lake Erie, and
which either discharge to a holding tank, to a municipal wastewater
treatment plant or to an on-site septic system. All fifteen were
created through funding provided by the Clean Vessel Assistance Program
(CVAP), and are thus required to be open to the public. Nine additional
marinas are located along Lake Erie in New York State, including five
at which CVAP funding could support the development of future pumpout
facilities for recreational and small commercial vessels. However, only
the fifteen CVAP funded facilities were considered in determining the
adequacy and availability of pumpout facilities for those vessels.
Those facilities are summarized in Table 1, below. Using those fifteen
facilities, and the most conservative estimate of small vessel usage of
the NYS area of the Lake, the ratio of pumpout facilities to
recreational vessels is 15:2,204, or 1:147. This ratio falls well
within the range recommended in the Clean Vessel Act guidance, and
therefore demonstrates that adequate pumpout facilities for the safe
and sanitary
[[Page 59683]]
removal and treatment of sewage for recreational and small commercial
vessels are reasonably available for the New York State area of Lake
Erie.
Lake Erie is also used by large commercial vessels. The commercial
vessel population was estimated using data from the National Ballast
Information Clearinghouse, which records ballast water discharge
reports for ships arriving, among other places, at the commercial ports
in Buffalo and Lackawanna. In 2010, ballast manifests showed 62 vessels
arriving at the Port of Buffalo and one arriving at the Gateway
Metroport, in Lackawanna. The majority (58) of these vessels were
bulkers, with two passenger ship arrivals and one more listed as
``other.'' The single arrival in Lackawanna was also a bulker. Two
commenters representing commercial vessel operators submitted comments
stating that more than 62 large commercial vessels use the New York
State area of Lake Erie. One commenter estimated that the number was
closer to 80, while the other commenter estimated that the number was
``over a hundred.''
Although there is no fixed commercial vessel pumpout facility at
either the Port of Buffalo or the Port of Lackawanna, information
submitted in the petition, and by companies that provide mobile pumpout
services, demonstrates that at least four companies are available and
qualified to provide pumpout services to large commercial vessels at
either port. In addition to commenting on the number of commercial
vessels using the NYS area of Lake Erie, the two commenters submitted
criteria they believe are necessary for determining whether a pumpout
truck is able to service their vessels. Those criteria were taken into
consideration, and were partially incorporated into the list of final
criteria the EPA used to determine the reasonable availability of those
services. In addition, one commenter confirmed that, while large
commercial vessels can hold multiple thousands of gallons of
wastewater, it is more likely that when these vessels discharge sewage,
their holding tanks contain less than 4,000 gallons of wastewater.
Based on all of this information, the EPA had determined that four
mobile pumpout companies, with approximately ten pumpout trucks (listed
in Table 2, below), are able to provide pumpout services to large
commercial vessels at the ports of Buffalo and Lackawanna. Assuming,
conservatively, that 100 large commercial vessels use the NYS area of
Lake Erie and given that at least four companies with as many as ten
pumpout trucks are able to provide pumpout services to these vessels at
both New York ports, the ratio of pumpout facilities to commercial
vessels is at least 4:100, or 1:25. While the Clean Vessel Act guidance
applies, by its terms, only to recreational vessels, the ratio it
recommends is instructive for purposes of determining the reasonable
availability of pumpout services for large commercial vessels as well.
In light of the relatively low ratio of pumpout companies to large
commercial vessels (and the even lower ratio of pumpout trucks to large
commercial vessels), adequate pumpout facilities for the safe and
sanitary removal of sewage for large commercial vessels are reasonably
available for the New York State area of Lake Erie.
Table 1--List of Sewage Pumpout Stations in the Proposed Lake Erie NDZ Serving Recreational and Small Commercial Vessels
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Water
No. Name Location Contact Days and hours of depth Fee
information operation (feet)
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1.................................... City of Dunkirk-- Dunkirk Harbor......... 716-366-9882 April 1-November 15, 6 6'-7' $5.00
Municipal Dock. a.m.-6 p.m..
2.................................... Niagara Frontier Trans. Buffalo Harbor and 716-855-7230 May 15-October 15, 7:00 6'-8' 0.00
Authority--Small Boat Buffalo River. a.m.-10:30 p.m..
Harbor.
3.................................... RCR Yachts Skyway Buffalo Harbor and 716-856-6314 April 1-November 30, 12' 5.00
Marina. Buffalo River. 8:30 a.m.-5:30 p.m..
4.................................... City of Buffalo--Erie Buffalo Harbor and 716-851-5389 May 1-October 15, 7:00 10' 6.50
Basin Marina. Buffalo River. a.m.-7:00 p.m..
5.................................... Rich Marine Sales, Inc. Buffalo Harbor and 716-873-4060 May 1-November 1, 9:00 6' 5.00
Buffalo River. a.m.-5:00 p.m..
6.................................... Harbour Place Marine Buffalo Harbor and 716-876-5944 April 15-October 31, 24 12' 5.00
Sales, Inc. Buffalo River. Hours.
7.................................... NYSOPRHP--Beaver Island Grand Island........... 716-278-1775 May 15-October 15, 24 10' 5.00
State Park Transient Hours.
Marina.
8.................................... Blue Water Marine...... Grand Island........... 716-773-7884 May 1-November 1, 9:00 5' 0.00
a.m.-7:00 p.m..
9.................................... Mid River Marina Inc... Tonawanda Creek........ 716-875-7447 April 1-September 30, 5' 5.00
9:00 a.m.-6:00 p.m..
10................................... Collins Marine Inc..... Tonawanda Creek........ 716-875-6000 April 1-November 1, 24 6' 5.00
Hours.
11................................... The Shores/Placid Tonawanda Creek........ 716-625-8235 April 15-October 15, 12' 5.00
Harbor Marine-- 9:00 a.m.-9:00 p.m..
Tonawanda Marine
Develop Corp..
12................................... Niagara River Yacht Tonawanda Creek........ 716-693-2882 May 1-November 1, Dusk- NA 3.00
Club. Dawn.
13................................... Smith Boys of North Tonawanda Creek........ 716-695-3472 April-November, 24 8' 0.00
Tonawanda--Upgrade. Hours.
14................................... East Pier Marine, Inc.. Tonawanda Creek........ 716-693-6604 May 1-November 15, 9:00 5' 5.00
a.m.-8:00 p.m..
15................................... NYSOPRHP--Big Six Mile Grand Island........... 716-278-1775 May 1-November 1, 24 10' 5.00
Creek State Marina. Hours.
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[[Page 59684]]
Table 2--List of Sewage Pumpout Services Capable of Serving Large Commercial Vessels in the Proposed Lake Erie NDZ
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of sewage
Location & contact hauler pumpout Days and hours of Hose fittings & Head pump Truck serve the Fee/cost
No. Name of company information trucks/holding operation length (feet) pressure to reach port area per 1,000
capacity 46.5 Ft gal
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1................................ Macken Services, Inc 22 Simme Road, 3 sewage trucks--2 Mon-Fri 7:00 a.m.- Flexible 100 ft..... Yes.............. Yes.............. $ 230
Lancaster, NY 4,000 gal and 1-- 5:00 p.m.; or by
14086, Tel--716-683- 2,500 gal. appointment.
0704.
2................................ Meyer Septic Service 7130 Olean Road, 3 sewage trucks-- Mon-Fri 8:00 a.m.- Flexible up to 175 Yes.............. Yes.............. 255
South Wales, NY 3,500 gal each. 2:00 p.m.; or by ft.
14139, Tel--716-652- appointment.
0553.
3................................ Western New York 3045 Daniels Road, 2 sewage trucks-- Mon-Fri 7:00 a.m.- Flexible up to 200 Yes.............. Yes.............. 350
Septic Tank Wilson, NY 14172, 4,000 gal each. 5:00 p.m.; or by ft.
Cleaning Service. Tel--716-751-9611. appointment.
4................................ Ball Toilet & Septic 3725 Jeffrey Blvd., 2 sewage trucks-- Mon-Fri 6:00 a.m.- Flexible up to 200 Yes.............. Yes.............. 230
Service. Blasdell, NY14219, 1,000 gal and 5,000 4:30 p.m.; or by ft.
Tel--716-823-3606. gal. appointment.
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Based on the above, the 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 area of Lake Erie. A 30 day period for
public comment has been opened on this matter, and the EPA invites any
comments relevant to its proposed determination. If, after the public
comment period ends, the EPA 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
New York State area of Lake Erie, the State may completely prohibit the
discharge from all vessels of any sewage, whether treated or not, into
such waters.
Dated: September 17, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-23688 Filed 9-26-13; 8:45 am]
BILLING CODE 6560-50-P