[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)]
[Notices]
[Pages 59791-59792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29660]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6185-6]


New York Marine Sanitation Device Standard; Receipt of Petition 
and Tentative Determination

    Notice is hereby given that a petition was received from the State 
of New York on June 2, 1998 requesting a determination by the Regional 
Administrator, Environmental Protection Agency (EPA), 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 harbors and creeks of the 
Peconic Estuary from the Sag Harbor Village Line to Montauk Point, East 
Hampton, New York. The harbors and creeks included in this tentative 
determination are Northwest Creek, Three Mile Harbor, Hog Creek, 
Accabonac Harbor, Napeague Harbor and Lake Montauk.
    This petition was made by the New York State Department of 
Environmental Conservation (NYSDEC) in cooperation with the New York 
State Department of State and the Town of East Hampton. The State of 
New York has certified that greater protection of the surface water in 
the harbors and creeks of the Peconic Estuary in the Town of East 
Hampton is required than the applicable federal standards provide. Upon 
receipt of an affirmative determination in response to this petition, 
NYSDEC would completely prohibit the discharge of sewage, whether 
treated or not, from any vessel in Northwest Creek, Three Mile Harbor, 
Hog Creek, Accabonac Harbor, Napeague Harbor and Lake Montauk in 
accordance with Section 312(f)(3) of the Clean Water Act and 40 CFR 
140.4(a). This prohibition would be part of a comprehensive approach to 
water quality management aimed at preventing water quality impairments 
and improving overall water quality in the harbors and creeks. This 
designation is part of a wider effort at controlling non-point source 
pollution including problems associated with stormwater runoff and 
residential septic systems.
    The proposed No Discharge Area (NDA) lies within the Town of East 
Hampton, Suffolk County, New York. The boundaries of the Proposed NDAs 
will be the mouth of each individual creek or harbor and all the waters 
within the following harbors and creeks:

------------------------------------------------------------------------
    Name of harbor or creek           Latitude            Longitude
------------------------------------------------------------------------
Northwest Creek................  N 41 deg. 00.8'...  W 72 deg. 15.3'
Three Mile Harbor..............  N 41 deg. 031''...  W 72 deg. 11.3'
Hog Creek......................  N 41 deg. 03.1'...  W 72 deg. 08.2'
Accabonac Harbor...............  N 41 deg. 01.5'...  W 72 deg. 18.2'
Napeague Harbor--west..........  N 41 deg. 00.8'...  W 72 deg. 03.7'
Napeague Harbor--east..........  N 41 deg. 01.1'...  W 72 deg. 03.3'
Lake Montauk...................  N 41 deg. 04.7'...  W 72 deg. 56.4'
------------------------------------------------------------------------

    Information submitted by the State of New York and the Town East 
Hampton shows that there are ten existing pump-out facilities available 
and that three pumpout boats service vessels in the proposed NDA. 
Harbor Marina, located in Three Mile Harbor, operates a portable 
pumpout. The pumpouts are available from 8:30 a.m. to 4:30 p.m. daily 
and the fee is $25. Town Dock--Gann Road, located in Three Mile Harbor, 
operates a stationary pumpout and a portable pumpout. The pumpouts, 
which are free to use, are available self-service 24 hours a day and 
from 8:00 a.m. to 4:00 p.m. with an attendant on duty. Maidstone Harbor 
Marina, located in Three Mile Harbor, operates a stationary pumpout. 
The pumpout is available on weekends from May 1 through October 31 from 
9:00 a.m. to 5:00 p.m and the fee is $20. East Hampton Point Marina, 
located in Three Mile Harbor, operates a portable pumpout. The pumpout 
is available from 8:30 a.m. to 4:00 p.m. from May through October. The 
fee is $5. Shagwong Marina, located in Three Mile Harbor, operates a 
portable pumpout. The pumpout is available from 9:00 a.m. to 5:00 p.m. 
daily and the fee is $5. Town Dock--Star Island, located in Montauk 
Harbor, operates two stationary pumpout facilities. These facilities 
are available on a self-service basis 24 hours a day and operated by an 
attendant from 8:00 a.m. through 4:00 p.m. Montauk Sportsman's Dock, 
located in Montauk, operates a portable pumpout. The pumpout is 
available from 9:00 a.m. through 4:00 p.m. daily. Gone Fishing Marina, 
located in Montauk Harbor, operates a portable pumpout unit. The unit 
is available from 8:00 a.m. through 5:00 p.m. and the fee is $5. 
Darenberg Marine operates two pumpout boats in Three Mile Harbor and 
Lake Montauk, and will serve any harbor on an as-needed basis. 
Darenberg Marine can be reached at 329-2739 or VHF channel 73. The boat 
located on Three Mile Harbor operates from 8:00 a.m. through 2:00 p.m. 
on Tuesday and Wednesday, and from 7:00 a.m. through 12:00 p.m. Friday, 
Saturday and Sunday. The boat located on Lake Montauk operates from 
2:30 p.m. through 7:00 p.m. on Tuesday and Wednesday, and from 12:30 
p.m. through 7:00 p.m. Friday, Saturday and Sunday. Darenberg Marine 
charges a fee of $10 per boat. The Town of East Hampton operates a 
pumpout boat in Three Mile Harbor and does not charge for the service. 
East Hampton operates the boat 40 hours per week and can be contacted 
at 267-8688 or VHF Channel 73.

[[Page 59792]]

    Draft restrictions at three of the marinas would exclude a certain 
number of the larger vessels from accessing the pumpouts at these three 
marinas. Montauk Sportsman's Dock has a water depth of 6 feet; it is 
estimated that 5% of the vessels would be excluded. Captain's Cove 
Marina has a water depth of 5 feet; it is estimated that 10% of the 
vessels would be excluded. Gone Fishing Marina has a water depth of 6 
feet; it is estimated that 5% of the vessels would be excluded. For 
these excluded vessels, there are seven other pumpouts and three 
pumpout boats available for their use.
    Vessel waste generated from the pump-out facilities operated by the 
Town of East Hampton is conveyed to a storage tank at the municipal 
scavenger waste treatment plant. The waste is hauled from the scavenger 
plant to the Bergen Point Wastewater Treatment Plant. With two 
exceptions, the other marinas empty their pumpouts into large storage 
tanks ranging in size from 500 gallons to 2,376 gallons. A certified 
hauler collects, transports and disposes of the sewage in accordance 
with all Federal, State and local laws. The two exceptions are Harbor 
Marina, which uses an on-site Bio-Robi septic system, and Captain's 
Cove Marina, which does not have a pumpout facility and instead uses a 
certified waste hauler to pumpout a vessel on request.
    According to the petition, the slip and mooring capacity for each 
harbor or creek is as follows:

------------------------------------------------------------------------
                                                        Number of slips/
               Name of harbor or creek                   moorings/docks
------------------------------------------------------------------------
Northwest Creek......................................                 21
Three Mile Harbor....................................               1067
Accabonac Harbor.....................................                 56
Hog Creek............................................                195
Napeague Harbor......................................                 20
Lake Montauk.........................................               1274
                                                      ------------------
    Total............................................               2577
------------------------------------------------------------------------

    The New York State Department of State conducted a survey of 
recreational vessels using aerial photography during August 1995 for 
the New York State Clean Vessel Act Plan. Analysis of the photographs 
provided information on the total numbers of vessels by water body. 
Data indicates the following peak season vessel population in the 
proposed NDAs in East Hampton:

------------------------------------------------------------------------
              Name of harbor or creek                 Number of vessels
------------------------------------------------------------------------
Northwest Creek....................................    No data available
Three Mile Harbor..................................                  734
Accabonac Harbor...................................                   38
Hog Creek..........................................    No data available
Napeague Harbor....................................                   56
Lake Montauk.......................................                  883
                                                    --------------------
    Total..........................................                 1711
------------------------------------------------------------------------

    Information regarding vessel population based on length shows that 
63% of the boats are less than 40 feet and 37% of the vessels are 40 
feet or greater in length. These percentages are based on a survey of 
overnight and long term occupancy and omitted marinas with recreational 
small crafts. Based on the number and size of boats, and using various 
methods to estimate the number of holding tanks, it is estimated that 5 
to 8 pumpouts are needed to service the vessel population in the 
proposed NDAs. Currently, ten pumpouts and three pumpout boats exist in 
the proposed NDAs.
    The EPA hereby makes a tentative affirmative determination that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for Northwest Creek, 
Three Mile Harbor, Hog Creek, Accabonac Harbor, Napeague Harbor and 
Lake Montauk in the Town of East Hampton, New York. A final 
determination on this matter will be made following the 30 day period 
for public comment. A final affirmative determination would result in a 
New York State prohibition of any sewage discharges from vessels in 
Northwest Creek, Three Mile Harbor, Hog Creek, Accabonac Harbor, 
Napeague Harbor and Lake Montauk.
    Comments and views regarding this petition and EPA's tentative 
determination may be filed on or before December 7, 1998. Comments or 
requests for information or copies of the applicant's petition should 
be addressed to Walter E. Andrews, U.S. Environmental Protection 
Agency, Region II, Water Programs Branch, 290 Broadway, 24th Floor, New 
York, New York, 10007-1866. Telephone: (212) 637-3880.

    Dated: October 21, 1998.
Jeanne Fox,
Regional Administrator, Region II.
[FR Doc. 98-29660 Filed 11-4-98; 8:45 am]
BILLING CODE 6560-50-P