[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30740-30742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15015]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6108-2]


New Jersey State Prohibition on Marine Discharges of Vessel 
Sewage; Final Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Notification is hereby given that the Regional Administrator, 
Environmental Protection Agency (EPA) Region II has affirmatively 
determined, 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), that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for the waters of the 
Manasquan River, Counties of Monmouth and Ocean, State of New Jersey.
    This petition was made by the New Jersey Department of 
Environmental Protection (NJDEP) in cooperation with the Monmouth-Ocean 
Alliance to Enhance the Manasquan River. Upon receipt of this 
affirmative determination, NJDEP will completely prohibit the discharge 
of sewage, whether treated or not, from any vessel in the Manasquan 
River in accordance with section 312(f)(3) of the Clean Water Act and 
40 CFR 140.4(a). Notice of the Receipt of Petition and Tentative 
Determination was published in the Federal Register on March 12, 1998. 
Comments on the tentative determination were accepted during the 
comment period which closed on April 13, 1998. Written statements were 
received from the following:
1. James F. Lacey, Freeholder Director, Ocean County Board of Chosen 
Freeholders, P.O. Box 2191, Toms River, New Jersey 08754-2191
2. Mr. Lester W. Jargowsky, M.P.H., Public Health Coordinator, Monmouth 
County Board of Health, 3435 Highway 9, Freehold, New Jersey 07728
3. Ms. Cindy Zipf, Executive Director, Clean Ocean Action, P.O. Box 
505, Highlands, New Jersey 07732
4. Mr. Arthur J. Bretnall, Jr., President, Raritan Engineering, P.O. 
Box 1157, Millville, New Jersey 08332
5. Mr. Philip G. Conner, President, Crockett Brothers Boatyard, Inc., 
P.O. Box 369, Oxford, Maryland 21654

    The comments are summarized and responded to below:
    Three individuals expressed their support of the Manasquan River 
determination. One individual stated that the notice failed to mention 
that the proposed No Discharge Area (NDA) included the southern shore 
of the Manasquan River which lies within Ocean County. Another 
individual stated that many organizations and individuals have worked 
hard to ensure that there are an adequate and convenient supply of 
sewerage pumpout facilities in the subject coastal watershed. He 
further commented that his organization will continue to educate and 
motivate boaters to adhere to the designation.
    EPA acknowledges the support. While the document clearly indicates 
the boundaries of the area including the southern shoreline, EPA has 
added Monmouth County and Ocean County to the listed communities for 
clarification. The description now reads, ``The lower 6.5 miles of the 
river forms the estuary that is bordered by Wall Township, Brielle 
Borough and Manasquan Borough to the north in Monmouth County and Brick 
Township, Point Pleasant Borough and Point Pleasant Beach Borough to 
the south in Ocean County.'' EPA also agrees that education is a key 
component of the compliance and enforcement effort.
    One individual stated that there is evidence that there is a need 
for better management of marine sewage. He commented that shellfish 
beds in the river continue to be closed to harvesting due to elevated 
fecal coliform counts. Through the establishment of an NDA, the local 
Boards of Health will have a new management tool for vessel sewage 
which can reduce the fecal coliform loading and which may assist in the 
reopening of the shellfish beds for harvest. No revision to the 
determination is warranted based on this comment.
    Another individual stated that there is no credible reason to 
disallow the continued use of the Type I and Type II Marine Sanitation 
Devices (MSDs). He further stated that according to the National 
Shellfish Register the five principal sources of pollution are upstream 
sources, wildlife, individual waste management systems, septic tanks 
and waste treatment plants.
    In response, EPA notes that the National Shellfish Register stated 
in the

[[Page 30741]]

Overview of Results that the top five pollution sources reported as 
contributing to harvest limitations were urban runoff, upstream 
sources, wildlife, individual wastewater treatment systems and 
wastewater treatment systems. The above commenter's listing of the top 
five pollution sources omitted urban runoff and listed septic tanks in 
addition to individual wastewater treatment systems.
    In addition, the Overview of Results in the National Shellfish 
Register regarding pollution sources cites an apparent trend. Compared 
to the 1990 Register, there is a significant decrease in the acreage 
that is harvest-limited due to contributions from industry, wastewater 
treatment plants and direct discharges. There is an increase in the 
acreage limited by boating and marinas (when added together to reflect 
the way the data were collected in the 1990 Register), urban runoff and 
agricultural runoff.
    In further response to the above comments, EPA notes that NJDEP's 
application includes a certification that the protection and 
enhancement of the Manasquan River requires greater environmental 
protection than the applicable federal standard. NJDEP presented data 
which indicate that fecal coliforms exceed the bathing beach and 
shellfish special restricted classification criteria. In 1990, 400 
acres of the more than 1,500 acres were downgraded to Prohibited status 
by NJDEP. Runoff from residential and commercial development, marina 
and boating activity, and agriculture have been implicated as sources 
of bacterial loading. EPA has accepted NJDEP's certification and EPA 
concludes that no revision to the determination is warranted.
    One individual criticized the method used to calculate the number 
of pumpouts for the vessel population. He stated that no allowance was 
made for vessels of length 26 feet and under with toilets. He commented 
that the assumption used in NJDEP's application that only 50% of the 
boats between 26 feet and 40 feet length were equipped with toilets was 
low based on his experience. He also stated that the assumed peak 
occupancy rate of 45% was low. During the busiest part of the boating 
season, the percentage of boats in use would be much higher. Due to 
these assumptions, he stated the application underestimated the need 
for pumpouts.
    The vessel populations were based on the vessels docked at marinas 
and yacht clubs, vessels docked at non-marina facilities and transient 
vessels. The number of pumpouts needed in the Manasquan River NDA were 
calculated using two different methodologies. Both are based on the 
probability of a vessel being equipped with a holding tank, not a 
toilet, and an acceptable boat to pumpout ratio. The first method is 
based on the New Jersey Clean Vessel Act Steering Committee's 
recommendation that one pumpout be provided for every 200 to 300 
vessels. The second method was developed by the U.S. Department of 
Interior Fish and Wildlife Service. The percent of vessels with holding 
tanks is based on surveys conducted by the Fish and Wildlife Service 
and available data for vessels using the Manasquan River. EPA finds the 
estimates to be based on accepted methodologies and the best 
information available. No revision to the determination is needed.
    One individual stated that there was no need for the establishment 
of an NDA in the Manasquan River. He indicated that enforcement of the 
current regulation, 40 CFR 140.3, which prohibits discharge of 
untreated sewage is the ``key element to the issue.'' He further stated 
that the prohibition of the discharge of untreated sewage from vessels 
has never been adequately enforced. In response, EPA notes that the New 
Jersey Attorney General's Office and the New Jersey Marine Police have 
issued numerous citations when the discharge of raw sewage has been 
observed. One violator was criminally prosecuted and received 5 years 
probation, a $30,000 fine and 200 hours of community service. New 
Jersey has enforced current regulations, but as certified in the 
application, greater environmental protection is needed. No revision to 
the determination is warranted.
    Another individual stated that the only effect the establishment of 
an NDA will have would be to outlaw the use of Type I and Type II MSDs.
    The intent of the Manasquan River NDA is not to outlaw any type of 
MSDs, but to prohibit the discharge of sewage, whether treated or 
untreated, from a vessel until the vessel has left the Manasquan River. 
Once a vessel has exited the Inlet and is in the Atlantic Ocean, the 
discharge from a Type I or Type II MSD is allowed. Discharge of 
untreated sewage is prohibited from a vessel at all times while 
operating in U.S. waters. No revision to the determination is 
warranted.
    Another individual stated that the intent of Congress when it 
passed the Federal Water Pollution Control Act of 1976 (referred to as 
the current MSD law) was to assure uniformity as vessels engaged in 
interstate commerce. He further stated that granting exceptions 
compromises the existing uniformity.
    The federal MSD standards were set to provide a uniform standard 
for all vessels, regardless of area operation, in regards to protecting 
waters of the U.S. Congress also recognized that States, when further 
environmental protection was warranted, should be allowed to completely 
prohibit the discharge from all vessels of any sewage, whether treated 
or not, into some or all of the waters within a State by applying to 
EPA for such a prohibition. The State of New Jersey is exercising that 
option provided by Congress through section 312(f)(3) of the Clean 
Water Act. No revision to the determination is warranted based on the 
comment.
    Two people commented that forcing boaters into a position that 
requires holding tanks with no other option is dangerous to the boating 
public. These comments addressed the risk of transmitting disease when 
handling untreated waste. One person further stated that people have 
been overcome and died due to the generation and the escaping of 
hydrogen sulfide gas from a holding tank. He stated that the 
application does not address this. Another person stated that methane 
gas may build up in the holding tanks and explode.
    The establishment of a Manasquan River NDA does not require vessel 
owners to retrofit their MSDs. The comment regarding the generation of 
hydrogen sulfide gas and escape from a holding tank, is not relevant to 
the adequacy of the application submitted by NJDEP. MSDs are certified 
by the U.S. Coast Guard in regard to safety and performance. Any 
questions regarding the safety of any certified MSD should be brought 
to the attention of the U.S. Coast Guard since it is the certifying 
agency. No revision to the determination is warranted based on the 
comment.
    One individual commented that the establishment of an NDA, in and 
of itself, does not prevent the discharge of raw sewage.
    The discharge of raw sewage is currently prohibited by law. 
Establishment of an NDA prohibits the discharge of sewage, whether 
treated or untreated, from vessels. Compliance with the prohibition is 
dependent on the attitude of the boating population. A major component 
of a compliance program is the education of the regulated community and 
the impacts of noncompliance. No revision to the determination is 
warranted based on the comment.
    One person stated that Type I and Type II MSDs treat the pathogens 
in

[[Page 30742]]

sewage as effectively, if not better than, municipal sewer plants. In 
comparing Type I and Type II systems to sewage treatment plants, he 
stated that an MSD achieves coliform results that are virtually zero 
and BOD percent reductions of over 70%.
    The treatment plants that handle the sewage from the pumpouts are 
reporting Fecal Coliform counts of less than 10 colonies per 100 ml. 
and achieve BOD percent removal of greater than 90%. Samples of the 
effluent are taken at least twice per week to monitor the discharge. 
Based on these removals, EPA believes the performance of the treatment 
works is better than MSDs. The municipal authorities are required by 
New Jersey Pollutant Discharge Elimination System (NJPDES) permits to 
properly operate and maintain the treatment plant and to report any 
noncompliance with the permit conditions. Also, the treated wastewater 
from the treatment plant is discharged to the Atlantic Ocean, not the 
Manasquan River. MSDs are certified on a one time basis and after 
installation are rarely, if ever, checked to see if they are operating 
properly. They are never recertified. No revision to the determination 
is warranted based on the comment.
    One individual commented that the federal MSD laws are obsolete and 
that the standards should be modified immediately. While this comment 
is not relevant to the determination or the factual content of the 
application, modification of the regulation cannot be initiated by the 
State or EPA Region II. 40 CFR 140 was recently modified to clarify the 
application requirements to establish NDAs for drinking water intakes 
zones. It is unlikely that this regulation will be evaluated for 
modification in the near future. No revision to the determination is 
warranted.
    The remainder of this document summarizes the location of the NDA, 
the available pumpout facilities and related information. The Manasquan 
River is located in central New Jersey and runs southeasterly through 
Monmouth County for more than 23 miles before emptying into the 
Atlantic Ocean at the Manasquan Inlet. The Manasquan River is 
classified as a medium river with a drainage area of 81 square miles. 
The lower 6.5 miles of the river forms the estuary that is bordered by 
Wall Township, Brielle Borough and Manasquan Borough to the north in 
Monmouth County and Brick Township, Point Pleasant Borough and Point 
Pleasant Beach Borough to the south in Ocean County. The NDA will 
include all navigable waters in the Manasquan Estuary beginning at 
Manasquan Inlet and including Stockton Lake, Glimmer Glass, Lake Louise 
and Point Pleasant Canal up to the Route 88 bridge.
    Information submitted by the State of New Jersey and the Monmouth-
Ocean Alliance to Enhance the Manasquan River stated that there are 
five existing pumpout facilities available and two portable toilet dump 
stations to service vessels which use the Manasquan River. A detailed 
description of the available facilities was published in the Tentative 
Affirmative Determination in the Federal Register on March 12, 1998. 
The location of the facilities are as follows:

1. Brielle Marine Basin (stationary pumpout and portable pumpout), 608 
Green Avenue, Brielle, New Jersey
2. Brielle Yacht Club (stationary pumpout), located 201 Union Lane, 
Brielle, New Jersey
3. Manasquan River Club (portable toilet dump station), 217 Riverside 
Drive, Brick, New Jersey

4. Suburban Boatworks and Marina (stationary pumpout and a portable 
toilet dump station), 1500 Riverside Drive, Brick, New Jersey
5. Crystal Point Yacht Club (stationary pumpout), 4000 River Road, 
Point Pleasant, New Jersey
    Within six nautical miles of the Manasquan River are eight 
additional pumpout facilities and two portable toilet dump stations. 
Three facilities are located on the Shark River, three facilities are 
located on the Metedeconk River and two facilities are on Barnegat Bay.
    Vessel waste generated from the pumpout facilities in Monmouth 
County is conveyed to the South Monmouth Regional Sewage Authority 
(NJPDES Permit No. NJ0024520). Vessel waste generated from the pumpout 
facilities in Ocean County is conveyed to the Ocean County Utilities 
Authority--Northern Plant (NJPDES Permit No. NJ0028142). These plants 
operate under permits issued by the New Jersey Department of 
Environmental Protection.
    According to the State's petition, the maximum daily vessel 
population for the waters of Manasquan River is approximately 2624 
vessels. This estimate is based on (1) vessels docked at marinas and 
yacht clubs (1940 vessels), (2) vessels docked at non-marina facilities 
(559 vessels) and (3) transient vessels (125 vessels). The vessel 
population based on length is 1505 vessels less than 26 feet in length, 
885 vessels between 26 feet and 40 feet in length and 234 vessels 
greater than 40 feet in length. Based on number and size of boats, and 
using various methods to estimate the number of holding tanks, it is 
estimated that 3 to 5 pumpouts are needed for the Manasquan River.
    The EPA hereby 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 Manasquan 
River in the counties of Monmouth and Ocean, New Jersey. This final 
determination on this matter will result in a New Jersey State 
prohibition of any sewage discharges from vessels in Manasquan River.

    Dated: May 26, 1998.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 98-15015 Filed 6-4-98; 8:45 am]
BILLING CODE 6560-50-P