94-19638. New York State Prohibition on Marine Discharges of Vessel Sewage; Notice of Final Determination

[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19638]


[[Page Unknown]]

[Federal Register: August 11, 1994]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5030-6]

 

New York State Prohibition on Marine Discharges of Vessel Sewage; 
Notice of Final Determination

Summary

    Today the Environmental Protection Agency (EPA) is noticing its 
final affirmative determination in response to a petition from New York 
State to determine whether adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the coastal waters of Huntington Harbor and 
Lloyd Harbor, in the Town of Huntington, Suffolk County, New York. On 
November 9, 1993, notice was published that the State of New York had 
requested that the Regional Administrator of the EPA, Region II make 
this determination and that EPA had made a tentative affirmative 
determination in response to this petition (56 FR 59465). The Regional 
Administrator made a final affirmative determination in this matter on 
April 21, 1994. This decision allows the New York State Department of 
Environmental Conservation (NYSDEC) to completely prohibit vessel 
sewage discharges into Huntington and Lloyd Harbors.

Background

    This petition was filed on July 1, 1993 by the New York State 
Department of Environmental Conservation (NYSDEC) in cooperation with 
the Town of Huntington, pursuant to Section 312(f) of Public Law 92-
500, as amended by Public Law 95-217 and Public Law 100-4, (the ``Clean 
Water Act'').
    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.

    Based on the information submitted by the NYSDEC and the Town of 
Huntington, EPA has made a final affirmative determination regarding 
the adequacy of pump-out facilities.
    The Town of Huntington is located on the north shore of Long Island 
and includes approximately 64 miles of tidal shoreline contiguous to 
Long Island Sound. Huntington Harbor encompasses approximately 340 
acres of tidal waters and surrounding wetlands. Lloyd Harbor consists 
of approximately 800 acres that has been designated as a ``Significant 
Coastal Fish and Wildlife Habitat Area'' by New York State. The NYSDEC 
application proposed that discharges would be prohibited in an area 
including Huntington and Lloyd Harbors with the seaward boundary 
beginning at East Beach, extending south to Huntington Lighthouse, and 
then landward to the Wincoma Peninsula.
    Information submitted by the State of New York and the Town of 
Huntington states that there are seven existing pump-out facilities 
available to service vessels which use Huntington and Lloyd Harbors, 
and one additional facility proposed for construction. Five are located 
in the southern portion of Huntington Harbor and are open to the 
general public. Of these, three facilities are owned and operated by 
the Town of Huntington. These three facilities are open continuously 
from approximately April 15 until November 15 of each year and charge 
no fee for pump-out services. The Town of Huntington has stated that 
one of the Town owned pump-out facilities, at a minimum, will remain in 
operation through the winter months. The pump-out facilities can 
service vessels up to 60 feet in length with up to an 8 foot draft. The 
other two facilities are privately owned and charge a $10.00 fee for 
pump-out services. These two facilities have vessel size limitations of 
65 foot length and 14 foot draft, and 40 foot length and 6 foot draft. 
Two additional facilities are located in nearby Northport Harbor. One 
is a pump-out facility operated by the Town of Huntington and the other 
is a portable unit at a privately owned marina which is designed to 
service vessels within their slips. The Town of Huntington is planning 
to construct and operate a pump-out facility at the Castle Cove Marina, 
near the mouth of Huntington Harbor and closer to Lloyd Harbor.
    Vessel waste generated from the pump-out facilities in Huntington 
Harbor is transported to the Town sewage treatment plant, which 
provides pretreatment and full secondary treatment. This plant operates 
under a State Pollutant Discharge Elimination System (SPDES) permit 
issued by the NYSDEC.
    EPA's determination that adequate pump-out facilities exist for 
vessels which use Huntington and Lloyd Harbors allows the NYSDEC to 
prohibit vessel sewage discharges in these waters. Questions in this 
matter may be directed to Mr. Phil DeGaetano of the NYSDEC at (518) 
457-2286, Mr. Glen Hulse of the Town of Huntington Department of 
Environmental Control at [phone] or Anne Reynolds, U.S. 
Environmental Protection Agency, Region 2, Water Permits and Compliance 
Branch, 26 Federal Plaza, New York, New York, 10278, [phone].

    Dated: July 14, 1994.
Jeanne Fox,
Regional Administrator.
[FR Doc. 94-19638 Filed 8-10-94; 8:45 am]
BILLING CODE 6560-50-M