2011-8463. New York State Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination

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: [e-mail]. Include “Comments on Tentative Affirmative Decision for NYS LIS NDZ” in the subject line of the message.
• Fax: [phone].
• 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.

FOR FURTHER INFORMATION CONTACT:

Moses Chang, [phone], e-mail address: [e-mail].

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 treatment 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.	Name	Location	Contact information	Dates/days/hours of operation	Water depth (feet)	Fee
1	Wright Island Marina	Milton Harbor, New Rochelle	914-235-8013	Memorial Day to Labor Day; daily; 9 a.m.-5 p.m	10	$5.00.
2	Nichols Yacht Yard, Inc	Mamaroneck Harbor, Mamaroneck	914-698-6065	Apr 15-Oct 15; daily; 9 a.m.-5 p.m.	8	Free.
3	Village of Mamaroneck—Harbor Island East and West Basin	Mamaroneck Harbor, Mamaroneck	914-777-7703; VHF 16	Apr-Nov; Mon-Sun (in season); 24 hours	8.5	Free.
4	City of Rye—Municipal Boat Basin	Milton Harbor, Rye	914-967-2011; VHF 16	Apr 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m	5	Free.
5	Town of Huntington—Cold Spring Harbor Replace	Cold Spring Harbor, Huntington	631-351-3049; VHF 9	May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m	6	Free.
6	Village of Greenport—Boat Engine Replacement	Greenport Harbor, Greenport	631-477-2385; VHF 9	May 1-Oct 31; Mon-Sun; 8 a.m.-5 p.m	N/A	$5.00.
7	Port of Egypt Marine, Inc	Southold Bay, Southold	631-765-2445	Apr-Nov; Mon-Sun; 7:30 a.m.-5 p.m	4	$5.00.
8	Claudio's Marina	Greenport Harbor, Greenport	631-477-0355; VHF 9	Apr 1-Nov 1; Mon-Sun; 8 a.m.-5 p.m	10	Free.
9	Albertson Marine Inc	Southold Bay, Southold	631-765-3232; VHF 16 & 18	Apr-Dec (Closed Sundays, Jan-Mar); Mon-Sun, 8 a.m.-5 p.m. (Sun 9 a.m.-3 p.m.)	5	$5.00.
10	Fishers Island Yacht Club Boat	Southold Bay, Fisher's Island	631-788-7036; VHF 73	Memorial Weekend to Columbus Day; Sat, Sun, & Holidays; 9 a.m-6 p.m.	10	Free.
11	Old Dock Bluff Park Replace	Stony Brook Harbor, Smithtown	631-360-7514; VHF 16	Apr-Oct; Mon-Sun; 24 Hrs	4	Free.
12	Town of Smithtown—Long Beach Mooring Area	Stony Brook Harbor, St. James	631-360-7643; VHF 16	Apr-Oct; Mon-Sun; 24 hours	4	Free.
13	Coecles Harbor Marina and Boatyard, Inc	Coecles Harbor, Shelter Island	631-749-0700; VHF 9	May 15-Oct 12; Mon-Sun; 8 a.m.-5 p.m	6	$5.00.
14	Village of Northport-Pumpout Boat	Northport Harbor, Northport	631-261-7502; VHF 9	May 15-Oct 15; Mon-Sun; 9 a.m.-5 p.m	N/A	Free.
15	Town of Huntington—Woodbine Marina	Northport Harbor, Northport	631-351-3192; VHF 9	May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m	6	Free.
16	Town of Huntington—South Town Dock	Huntington Harbor, Halesite	631-351-3049; VHF 9	May 1-Oct 31; Mon-Sun; Boats 8 a.m.-8 p.m.; Stationery station 24 hours	10	Free.
17	Town of Huntington-Mill Dam Marina Pumpout	Huntington Harbor, Huntington	631-351-3049; VHF 9	Apr 1-Sept 30; Mon-Sun; 24 hours	6	Free.
18	Town of Huntington—Huntington Boat Pumpout	Lloyd Harbor, Huntington	631-351-3049; VHF 9	Apr 20-Nov 30; Sat, Sun, & Holidays; 10 a.m.-8 p.m	8	Free.
19	Town of Huntington—Halesite Marina Pumpout	Huntington Harbor, Huntington	631-351-3049; VHF 9	Apr 1-Sept 30; Mon-Sun; 24 hours	10	Free.
20	Town of Huntington—Halesite Marina Boat	Huntington Harbor, Huntington	631-351-3049; VHF 9	Memorial Day to Labor Day; Sat & Sun; 10 a.m.-8 p.m	N/A	Free.
21	Town of Huntington—Gold Star Battalion	Huntington Harbor, Huntington	631-351-3049; VHF 9	May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m	8	Free.
22	Huntington Yacht Club	Huntington Harbor, Huntington	631-427-4949; VHF 68	Apr 15-Nov 15; Mon-Sun; 8 a.m.-8 p.m	8	$5.00.
23	Town of Huntington-Mill Dam Marina Pumpout Upgrade	Huntington Harbor, Huntington	631-351-3049; VHF 9	Apr 1-Dec 31; Mon-Sun; 24 hours	10 low tide	Free.
24	Town of Brookhaven-Port Jefferson Boat-Replacement	Port Jefferson and Setauket Harbors & Conscience Bay, Port Jefferson	631-473-3052; VHF 73	May 15-Sept 15; Weekends & Holidays; 8 a.m.-4 p.m	N/A	Free.
25	Town of Brookhaven—Mt. Sinai Boat-Replacement	Mt. Sinai Harbor, Port Jefferson	631-473-3052; VHF 73	Mid-May to Mid-Sept; Weekends & Holidays; 8 a.m.-4 p.m	N/A	Free.
26	NYCDEP-World's Fair Marina	East River, Flushing	631-595-4458; VHF 71	May 1-Oct 31; Mon-Sun; 8 a.m.-6 p.m	8	Free.
27	NYCDEP-Bayside Marina	Little Neck Bay, Flushing	718-595-4458; VHF 72	May 1-Oct 31; Mon-Sun; 24 hours	4-12	Free.
28	Capri Marine & Yachting Center	Manhasset Bay, Port Washington	516-883-7800; VHF 9 & 71	May 1-Oct 31; Mon-Sun; 8 a.m.-10 p.m	1.5	Free.
29	Town of Oyster Bay—Theodore Roosevelt Beach & Marina Upgrade	Oyster Bay	516-624-6180	N/A	N/A	Free.
30	Town of Oyster Bay—Tappen Beach & Marina	Hempstead Harbor, Glenwood Landing	516-624-6180; VHF 9	Jan-Dec; Mon-Sun; 24 hours	7-8	Free.
31	Sea Cliff Yacht Club	Hempstead Harbor, Sea Cliff	516-671-7374; VHF 9	May 15-Sept 15; Mon-Fri; 9 a.m.-5 p.m	8	$5.00.
32	Town of North Hempstead—Port Washington Dock Pump Replacement	Hempstead Harbor, Port Washington	516-767-4622; VHF 9 & 16	May 15-Nov 1; Mon-Sun; 24 hours	7	Free.
33	Town of North Hempstead—Manorhaven Beach Park	Manhasset Bay, Port Washington	516-767-4622	May 15-Nov 1; Wed-Sun; 8 a.m.-4 p.m	6	Free.
34	Town of North Hempstead-Bar Beach Park	Hempstead Harbor, Port Washington	516-767-4622; VHF 9 & 16	Apr-Oct; Mon-Sun; 24 hours	6	Free.
35	Manhasset Bay Marina (Port Washington)—1995 Project	Manhasset Bay, Port Washington	516-883-8411; VHF 9 & 71	Apr 1-Oct 1; Mon-Sun; 24 hours	15	Free.
36	InspirationWharf, c/o Ventura Management Corp	Manhasset Bay, Port Washington	516-883-7800; VHF 7 & 9	May 1-Oct 31; Mon-Sun; 8 a.m.-10 p.m	6	Free.
37	U.S Merchant Marine Academy	Little Neck Bay, Kings Point	516-773-5798	Jan-Dec; Mon-Sun; 9 a.m.-3 p.m	6	Free.
38	Glen Cove Yacht Service & Repair, Inc.	Hempstead Harbor, Glen Cove	516-676-0777	Apr-Oct; Mon-Sun; 24 hours	6	$5.00.
39	City of Glen Cove—Glen Cove Yacht Club	Hempstead Harbor, Glen Cove	516-676-1625	N/A	7	Free.
40	Brewer Marina at Glen Cove	Hempstead Harbor, Glen Cove	800-331-3077; VHF 9 & 16	May 1-Oct 31; Mon-Sun; 7:30 a.m.-4 p.m	6	$5.00.
41	NYCDEP—Locust Point Marina	Pelham Bay, Bronx	718-595-4458; VHF 68	May 1-Oct 31; Mon-Sun; Sunrise to Sunset	4	Free.
42	City Island Yacht Sales—Pumpout Boat	Pelham Bay, City Island	718-885-2300; VHF 9	Apr 1-Dec 8; Mon-Sun; 8 a.m.-4:30 p.m	N/A	$5.00.
43	City of New Rochelle—Municipal Marina	New Rochelle Creek & Lower Harbor, New Rochelle	914-235-7339; VHF 9 & 16	Apr-Nov 30; Mon-Sun; 24 hours	8	Free.
44	Town of Oyster Bay—Theodore Roosevelt Beach & Marina Boat Rep	Oyster Bay Harbor and Mill Neck Bay, Oyster Bay	516-624-6180; VHF 9	Apr 1 to Mid-Nov; 7 days/week; 24 hours	7-8	Free.
45	Haven Marina	Manhasset Bay, Port Washington	516-883-0937	May-Sept; Mon-Sun; Sunrise to Sunset	8	Free.
46	Town of Smithtown—Long Beach Park East Replacement	Stony Brook Harbor, St. James	631-360-7620; VHF 16	Apr-Oct; Mon-Sun; 24 hours	4	Free.
47	West Shore Marine	Esopus-Lloyd—Marlborough, Marlboro	VHF 16 & 19	Mon-Sat, 8 a.m.-5 p.m.; Sun, 10 a.m.-5 p.m	N/A	Free.
48	City of New Rochelle—Pumpout Boat	Echo Bay, New Rochelle	914-235-7339; VHF 9	Memorial Day to Labor Day; Fri-Mon; 8 a.m.-4 p.m	N/A	Free.
49	City of New Rochelle—Municipal Marina	New Rochelle Creek & Lower Harbor, New Rochelle	914-235-7339; VHF 9 & 16	Apr-Nov 30; Mon-Sun; 24 hours	8	Free.
50	Town of Huntington—Mill Dam Boat	Huntington Harbor, Huntington	631-351-3049; VHF 9	Apr 20-Sept 30; Sat, Sun & Holidays; 10 a.m.-8 p.m	8	Free.
51	Manhasset Pumpout Boat	Manhasset Bay, Syosset	516-677-5853	Fri-Sun & Holidays; 10 a.m.-6 p.m	Varies	Free.
52	North Hempstead Pumpout Boat	Manhasset Bay	516-767-4622; VHF 9 or 71	Apr 1-Oct 30; Mon-Fri; 9 a.m.-3 p.m	Varies	Free.
53	Tappen Marina Pumpout Boat	Oyster Bay Harbor and Mill Neck Bay, Oyster Bay	516-677-5853; VHF 9	June-Oct; Fri-Mon; 8 a.m.-6 p.m	Varies	Free.
54	Western Waterfront Pier	Oyster Bay Harbor, Oyster Bay	VHF 9	Memorial Day to Labor Day; 7 days/week; 24 hours	N/A	Free.
55	Theodore Roosevelt Pumpout Boat	Oyster Bay Harbor and Mill Neck Bay, Oyster Bay	516-677-5853; VHF 9	Mid-Apr to Oct 31; Thu-Sun; 10 a.m.-6 p.m	Varies	Free.
56	Soundview Boat Ramp	Northport Harbor, Northport	631-351-3255; VHF 9	Memorial Day to Labor Day; Sat & Sun; 8 a.m.-8 p.m	6′ at low tide; 12′ at high tide	Free.
57	Island Boat Yard	West Neck Harbor, Shelter Island	631-749-3333; VHF 9	Apr 15-Oct 15; Mon-Sun; 9 a.m.-5 p.m	15	$5.00.
58	Port Jefferson Marina	Port Jefferson Harbor, Port Jefferson	631-331-3567; VHF 9 for marina, VHF 73 for pumpout boats	Boats: May to Mid-Sept; Fri, Sat, & Sun; 8 a.m.-6 p.m. Barge: May-Nov; 7 days/week; 24 hours	11	Free.
59	Brewer Yacht Yard	Greenport Harbor, Greenport	631-477-9594; VHF 9	Year-round however they do winterize. If requested, can run the pumpout in winter conditions. 7 days/week, 24 hours	8	Free for self service; $5.00 for assistance from attendant.
60	Brewer Yacht Yard	Greenport Harbor, Greenport	631-477-0828; VHF 9	5 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.m	7-8	N/A
61	Brick Cove Marina	Southold Harbor, Southold	631-477-0830	Mar-Dec; Mon-Fri, 7 a.m.-4 p.m.; Sat 9 a.m.-5 p.m.; Sun 1:30 p.m.-4 p.m	6	Yes, for non-marina customers.
62	Goldsmith's Boat Shop	Southold Bay, Southold	631-765-1600	Year 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.)	6	N/A
63	Mt. Sinai Yacht Club	Mt. Sinai Harbor, Mt. Sinai	631-473-2993; VHF 16	May 15-Oct 1; May & June, open Fri, Sat, & Sun; June to Labor Day, open 7 days/week; 9 a.m.-6 p.m	20	None for members; $15 for outside boaters.
64	Mt. Sinai Marina	Mt. Sinai Harbor, Mt. Sinai	631-928-0199; VHF 9 & 73	Marina: Mother's Day to 1st weekend in Nov. Pumpout boats: May to Mid-Sept (8 a.m.-6 p.m.)	6	Free
65	Old Man's Boatyard	Mt. Sinai Harbor, St. James	631-473-7330	Apr 15-Oct 15; Mon-Fri; 8 a.m.-4 p.m	8	$50 for pumpout.
66	Danford's Marina	Port Jefferson Harbor, Port Jefferson	631-928-5200; VHF 9	May 1-Oct 31; 7 days/week; 7 a.m.-9 p.m	3-10	Free
67	Knutson West Marina	Huntington Harbor, Huntington	631-549-7842	N/A	N/A	N/A
68	Seymour's Boatyard	Northport Harbor, Northport	631-261-6574	Apr 15-Oct 31; 7 days/week; hours vary	7	N/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.

Dated: March 31, 2011.

Judith A. Enck,

Regional Administrator, Region 2.