[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Notices]
[Pages 42377-42378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20041]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6412-9]


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

    Notice is hereby given that a final determination has been made 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 waters of the 
Navesink River, County of Monmouth, State of New Jersey. A Notice of 
Receipt of Petition and Tentative Determination was published in the 
Federal Register on May 12, 1999 and public comments regarding the 
tentative determination were accepted through June 12, 1999.
    Comments were received from two parties, both objecting to the 
establishment of the Navesink River No Discharge Area. One individual, 
who has a boat berthed on the Navesink River, stated that due to his 
vessel's six-foot draft the available pumpouts are inaccessible to him. 
He also raised general concerns about maintenance and operability of 
pumpouts and excessive fees for pumpout use. In response, the 
application description of depth restrictions to the pumpouts are based 
on mean low water depth. Two of the available pumpouts have a depth of 
six-feet at mean low water, so that vessels with a six-foot draft would 
find pumpouts inaccessible for relatively short periods of time before 
and after low tide. During high tides, many of the marina operators 
have indicated that larger vessels will be able to access the pumpouts. 
Further, the application documents that the fees charged for pumpout on 
the Navesink River are reasonable. The regulations, 40 CFR 140.4, 
regarding the prohibition of the discharge from all vessels of any 
sewage states that the determination will be based on ``whether 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels using such waters are reasonably available''. 
Based upon the application submitted by the State of New Jersey, 
adequate facilities do exist in the no discharge area. Additionally, 
Monmouth County (in conjunction with the Navesink municipalities) is in 
the process of purchasing a pumpout boat for use in the Navesink River. 
The boat should be in operation by May 2000.
    Another commenter stated that the calculations and estimates used 
to determine an adequate number of pumpouts to service the vessel 
population underestimated the number of pumpouts needed. This commenter 
indicated that the formula in an EPA guidance document estimates that 
in New Jersey 6% of the vessels greater than twenty-six feet in length 
are equipped with holding tanks. However, in the application submitted, 
the State estimated that 50% of the vessels greater than twenty-six 
feet were equipped with holding tanks. Based on these numbers and using 
the calculations as a guideline, four pumpouts available in this area 
are adequate based on the vessel population. Even if it were assumed 
that 100% of the vessels greater than twenty-six feet were equipped 
with holding tanks, the existing number of pumpouts would be 
sufficient.
    Another comment concerned the lack of dump stations for disposal of 
waste from portable toilets. In response, EPA notes that the pumpouts 
which received Clean Vessel Act grant monies came equipped with wand 
systems. The wands permit the portable toilets to be pumped out in a 
safe and sanitary manner.
    An additional comment cited a general provision of the Clean Water 
Act (CWA) which reads, ``* * * it is the national policy that a major 
research and demonstration effort be made to develop technology 
necessary to eliminate the discharge of pollutants into the navigable 
waters, waters of the contiguous zone, and the oceans.'' The commenter 
claims the Agency is going against the intent of the CWA by eliminating 
a person's ability to use marine sanitation devices. The goal of the 
CWA which was cited actually envisions that eventually, through 
research, the discharge of any pollutants to waters of the U.S., in any 
quantities, would be eliminated. The Agency does not agree that this 
affirmative decision violates any provisions of nor the intent of the 
CWA.
    This petition was made by the New Jersey Department of 
Environmental Protection (NJDEP) on April 3, 1998 in cooperation with 
the Navesink Regional Environmental Council. Members of the Council 
include the Borough of Fair Haven, the Township of Middletown, the 
Borough of Red Bank, the Borough of Rumson, the Borough of Tinton 
Falls, the Township of Holmdel, the Township of Colts Neck, the 
Township of Freehold and the Township of Marlboro. The Council worked 
in conjunction with Clean Ocean Action, Marine Development USA, Inc.; 
Marine Trade Association of New Jersey, Monmouth County Health 
Department, Monmouth County Planning Board, New Jersey Marine Sciences 
Consortium, New Jersey Sea Grant Advisory Service, New Jersey State 
Police Marine Division, U.S. Coast Guard Auxiliary and the U.S. Coast 
Guard. Upon receipt of an affirmative determination in response to this 
petition, NJDEP would completely prohibit the discharge of sewage, 
whether treated or not, from any vessel in Navesink River in accordance 
with section 312(f)(3) of the Clean Water Act and 40 CFR 140.4(a).
    The Navesink River, located in central New Jersey, is part of the 
Hudson-Raritan Bay Estuary and drains approximately 95 square miles of 
urban/suburban residential development and agricultural lands. The 
Navesink River runs easterly from Red Bank, New Jersey and then joins 
the Shrewsbury River and empties into Sandy Hook Bay. The tidal waters 
of the Navesink River extend from the Shrewsbury River, near Sea 
Bright, upstream to the Swimming River Reservoir dam. The Navesink 
River has been identified as a waterbody of national significance and 
is part of the New York-New Jersey Harbor Estuary Program. The No 
Discharge Area (NDA) will include all tidal waters of the Navesink 
River which extend from the Shrewsbury River, near Sea Bright, upstream 
to the Swimming River Reservoir dam. The eastern boundary of the NDA is 
a line from Lat./Long. 73 deg. 58' 45'', 40 deg. 22' 40'' to Lat./Long. 
73 deg. 58' 58'', 40 deg. 23' 04''. The western boundary of the NDA is 
at Lat./Long. 74 deg. 06' 48'', 40 deg. 19' 12''.
    Information submitted by the State of New Jersey and the Navesink 
Regional Environmental Planning Council states that there are five 
existing pumpout facilities available to service vessels which use the 
Navesink River. Sea Land Marina, located at 261 West Front Street, Red 
Bank, operates a portable pumpout. The pumpout is available from 7 a.m. 
to 5 p.m. beginning April 15 until October 15 and is operated by the 
marina staff. A $5.00 fee is charged for the use of the pumpout. 
Irwin's Boat Works, located at 1 Marine Park, Red Bank, operates a 
stationary pumpout. The pumpout is available from 8 a.m. to 5 p.m. 
beginning May until October 31 and is operated by the marina staff. A 
fee of $5.00 is charged for the use of the

[[Page 42378]]

pumpout. Red Bank Municipal Basin, located at Marine Park, Red Bank, 
operates a stationery pumpout. The pumpout is available 24 hours a day 
year round and is self-operated. No fee is charged for use of the 
pumpout. Fair Haven Yacht Works, located at 75 DeNormandie Avenue, Fair 
Haven, operates a portable pumpout. The pumpout is available from 8:00 
a.m. to 5:00 p.m. and is operated by the marina staff. A $5.00 fee is 
charged for the use of the pumpout. Molly Pitcher Inn and Marina, 
located at 88 Riverside Avenue, Red Bank, operates a stationary 
pumpout. The pumpout is available upon request for customers of the 
marina. One facility, Sea Land Marina, located in Red Bank has a 
restriction which would exclude boats greater than 26 feet in length. 
This restriction impacts approximately 18% of the vessel fleet and 
there are three facilities available for their needs.
    Vessel waste generated from the pumpout facilities within the NDA 
is discharged into municipal sewer lines and is conveyed to the 
Northeast Monmouth Regional Sewage Authority (NJPDES Permit No. 
NJ0024520) at 1 Highland Avenue in Monmouth Beach for treatment.
    According to the State's petition, the maximum daily vessel 
population for the waters of Navesink River is approximately 1122 
vessels. This estimate is based on (1) vessels docked at marinas and 
yacht clubs (866 vessels), (2) vessels docked at non-marina facilities 
(227 vessels) and (3) transient vessels (29 vessels). The vessel 
population based on length is 915 vessels less than 26 feet in length, 
193 vessels between 26 feet and 40 feet in length and 14 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 one pumpout is needed for the Navesink River. As 
previously stated, five pumpout facilities are currently available to 
service the boating population. Additionally, four marinas have applied 
for pumpout grants to install a total of five new pumpouts.
    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 Navesink River 
in the county of Monmouth, New Jersey. For further information contact 
Jim Olander at (212) 637-3833.

    Dated: July 26, 1999.
Jeanne M. Fox,
Regional Administrator, Region II.
[FR Doc. 99-20041 Filed 8-3-99; 8:45 am]
BILLING CODE 6560-50-P