05-19252. New Hampshire Sanitation Device Standard; Notice of Determination

This Notice of Determination is for all New Hampshire coastal waters.

On July 8, 2005 notice was published that the State of New Hampshire 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 all coastal waters of New Hampshire. 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 States 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.

The information submitted to me by the State of New Hampshire certified that there are six disposal facilities available to service vessels operating in the coastal waters of New Hampshire. A list of the facilities, phone numbers, locations, and hours of operation is appended at the end of the determination.

Based on the examination of the petition and its supporting information, which included site visits by EPA New England staff, I have 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.

The area covered under this determination is:

Waterbody/general area	Latitude	Longitude
Open Ocean—southern	42°51′26.81241″	−70°44′50.43790″
Open Ocean—south of Isles of Shoals	42°54′54.69793″	−70°37′48.0360″
Open Ocean—east of Isles of Shoals	42°57′24.92153″	−70°32′6.08357″
Open Ocean—northern	43°0′40.06352″	−70°39′39.85119″
Open Ocean—center	42°57′13.00278″	−70°41′42.94551″
Hampton Falls River	42°54′39.99647″	−70°51′49.17592″
Great Bay—Squamscott River	42°58′55.12418″	−70°56′45.02511″
Great Bay—Lamprey River	43°4′53.81971″	−70°56′4.65330″
Little Bay—Oyster River	43°7′51.91065″	−70°55′4.−70649″
Cocheco River	43°11′42.30454″	−70°52′21.96791″
Salmon Falls River	43°13′36.97946″	−70°48′40.68515″

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.

EPA has prepared a response to the one written comment it received during the 45-day comment period, and it may be requested from EPA by writing to: Ann Rodney, U.S. EPA New England, 1 Congress Street, Suite 1100, COP, Boston, MA 2114-2023.

Marinas With Pumpout Stations

Marina name	Town	Waterbody	Phone number and VHF number	Contact	Operating hours
George's Marina	Dover	Cocheco River	[phone]	George Maglaras	8:30 a.m.-5:00 p.m. (weekdays); 8:30 a.m.-6:00 p.m. (Saturday); 9:00 a.m.-4:00 p.m. (Sunday).
Little Bay Boating Club	Dover	Little Bay	[phone] VHF: 9, 16	Ed Rosholt	Call marina.
Great Bay Marine	Newington	Little Bay	[phone] VHF: 9, 68	Ellen Saas/Tom Brown	24 hours (May through October).
Wentworth by the Sea Marina	New Castle	Little Harbor	[phone] VHF: 9, 68, 71	Pat Kelley	8:00 a.m.-8:00 p.m. (weekdays); 7:00 a.m. 8:00 p.m. (weekends).
Hampton River Marina	Hampton	Hampton Harbor	[phone] VHF:10, 16	Len Russell	Call marina.
DES Mobile Pumpout Boat	Portsmouth	All coastal	[phone] VHF: 9	Steve Root/Ken Anderson	Call for an appointment.

Dated: September 20, 2005.

Ira Leighton,

Acting Regional Administrator, Region 1.