2010-18363. Massachusetts Marine Sanitation Device Standard-Notice of Determination

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice of Determination.

SUMMARY:

The Regional Administrator of the Environmental Protection Agency—New England Region, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the coastal waters of Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury, Newburyport, Salisbury, Amesbury, West Newbury, Merrimac, Groveland, North Andover, Haverhill, Methuen, and Lawrence, collectively termed the Upper North Shore for the purpose of this notice.

ADDRESSES:

Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available electronically in http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Ann Rodney, U. S. Environmental Protection Agency—New England Region, Office of Ecosystem Protection, Oceans and Coastal Protection Unit, Five Post Office Square, Suite 100, OEP06-1, Boston, MA 02109-3912. Telephone: [phone]. Fax number: [phone]. E-mail address: [e-mail].

SUPPLEMENTARY INFORMATION:

On May 20, 2010, EPA published a notice that the Commonwealth of Massachusetts 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 the waters of the Upper North Shore. Four comments were received on this petition. The response to comments can be obtained utilizing the above contact information.

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 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.

This Notice of Determination is for the waters of the Upper North Shore. The NDA boundaries are as follows:

Waterbody/General area	From longitude	From latitude	To longitude	To latitude
The southern edge of the Upper North Shore NDA boundary is the Manchester/Gloucester municipal line at	70°42′50″ W	42°34′21″ N	70°35′59″ W	42°33′02″ N
The northern edge of the Upper North Shore NDA boundary is MA/Seabrook, NH border at	70°48′47″ W	42°52′19″ N	70°43′57″ W	42°52′35″ N
On the Merrimack River, the inland edge of the NDA boundary is at the Essex Dam in Lawrence at	71°09′58″ W	42°42′02″ N
On the Parker River, the inland edge of the NDA boundary is at the MBTA bridge in Newbury at	70° 52′00″ W	42° 45′20″ N
On the Rowley River, the inland edge of the NDA boundary is at the MBTA bridge on the Rowley/Ipswich town line at	70° 51′28″ W	42° 43′19″ N
On the Ipswich River, the inland edge of the NDA boundary is at County Street in Ipswich at	70° 50′07″ W	42° 40′44″ N
On the Essex River, the inland edge of the NDA boundary is at Main Street in Essex at	70° 46′43″ W	42° 37′55″ N

The eastern edge of the boundary is contiguous with the state/federal line also known as the Submerged Lands Act boundary line and Territorial Sea boundary. The area includes the municipal waters of Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury, Newburyport, Salisbury, Amesbury, West Newbury, Merrimac, Groveland, North Andover, Haverhill, Methuen, and Lawrence.

The information submitted to EPA by the Commonwealth of Massachusetts certifies that there are 13 pumpout facilities located within this area. A list of the facilities, with locations, phone numbers, and hours of operation is appended at the end of this determination.

Based on the examination of the petition and its supporting documentation, and information from site visits conducted by EPA New England staff, EPA has 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.

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.

Pumpout Facilities Within the No Discharge Area

[Upper North Shore]

Name	Location	Contact Info.	Hours	Mean low water depth (ft)
Gloucester Cape Ann Marina	75 Essex Ave., Annisquam River	978-283-3293; VHF 10	8am-4pm	6
Gloucester Harbormaster	19 Harbor Loop	978-282-3012; VHF 16	On call	N/A
Rockport Harbormaster	34 Broadway	978-546-9589; VHF 9, 16	On call	N/A
Ipswich Harbormaster	15 Elm Street, Plum Island Sound	978-356-4343; VHF 9, 16	On call	N/A
Rowley Harbormaster	497 Main Street	VHF 9	Thur-Tue; 10am-6pm	N/A
Rowley, Perley's Marina	109 Warehouse Lane	978-948-2812; VHF 9, 16	Mon-Fri 8am-6pm; Sat-Sun 8am-5pm	4
Newbury Riverfront Marina	292 High Road	978-465-6090; VHF 9	8am-5pm (6pm weekend)	4
Newburyport Cashman Park	Merrimack River	978-462-3746; VHF 12, 16	Self Service Memorial Day/End of October	6
Newburyport Harbormaster	60 Pleasant Street	978-462-3746; VHF 12, 16	Fri 1pm-5pm; Sat, Sun & Holidays 9am-5pm	N/A
Amesbury Marina at Hatter's Point	60 Merrimac Street	978-388-7333; VHF 9	8am-9pm	4
West Newbury Harbormaster	Merrimack River Town Dock	978-363-1213; VHF 9, 16	On call; 9am-5pm	N/A
Salisbury Harbormaster	Town Wharf	978-499-0740; VHF 12	On call	N/A

Dated: June 28, 2010.

H. Curtis Spalding,

Regional Administrator, New England Region.