[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Pages 20989-20990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10434]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6968-8]


New York State Prohibition on Marine Discharges of Vessel Sewage; 
Receipt of Petition and Tentative Determination

    Notice is hereby given that a petition was received from the State 
of New York on November 3, 2000 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 waters of the Port Jefferson 
Harbor Complex, County of Suffolk, State of New York. The Harbor 
complex consists of several waterbodies, including Port Jefferson 
Harbor, Setauket Harbor, Little Bay, the Narrows and Conscience Bay. 
The boundary line for the proposed No Discharge Area shall extend from 
the easternmost point at Old Field Beach northerly to the westernmost 
point at White Beach.
    This petition was made by the New York State Department of 
Environmental Conservation (NYSDEC) in cooperation with the Town of 
Brookhaven. Upon receipt of an affirmative determination in response to

[[Page 20990]]

this petition, NYSDEC would completely prohibit the discharge of 
sewage, whether treated or not, from any vessel in the Port Jefferson 
Harbor Complex in accordance with section 312(f)(3) of the Clean Water 
Act and 40 CFR 140.4(a).
    The Port Jefferson Harbor Complex is located on the north shore of 
Long Island with approximately 64 miles of tidal shoreline contiguous 
to Long Island Sound. Port Jefferson's marine waters are comprised of 
approximately 2,000 acres of harbors, bays and tidal wetlands. The 
Harbor complex is a major producer of hard clams, soft clams and 
oysters in New York State. The Harbor complex is used extensively by 
recreational boaters. Seasonal and transient mooring areas, as well as 
private and public marinas and boat ramps, are located in the area.
    Information submitted by the State of New York and the Town of 
Brookhaven indicate that there are two existing pumpout facilities and 
two pumpout boats available to service vessels which use the Port 
Jefferson Harbor Complex. The Town of Brookhaven operates a fixed 
pumpout station at the Port Jefferson Marina. The pumpout is available 
24 hours a day beginning May 1 through October 31 and is self-service. 
No fee is charged for the use of the pumpout. Water Depth is 10-feet at 
mean low water making it accessible to all recreational boats. The Town 
of Brookhaven operates a mobile pumpout vessel which is dedicated to 
the Harbor complex from mid-May through mid-September. The hours of 
operations are Saturdays from 10 am to 5 pm, Sundays from 8 am to 5 pm 
and holidays from 8 am to 5 pm. The pumpout vessel is also available 
for pumpouts on Fridays and Mondays by appointment. No fee is charged 
for the service. The Town has a second pumpout vessel that during 
periods of heavy demand also services Port Jefferson Harbor. Danfords 
Marina located on East Broadway, Port Jefferson, operates a pumpout. 
The pumpout is available during normal business hours from May through 
October. A $10.00 fee is charged for the use of the pumpout. Water 
depth is 6 feet at mean low water.
    Vessel waste generated from the pumpout facilities located at the 
Town of Brookhaven's Port Jefferson Marina and their pumpout vessel, 
and at the Danfords Marina is hauled by privately operated waste 
haulers. All hauled waste from the pumpout facilities is discharged 
into and treated at the Suffolk County sewage treatment plant at Bergen 
Point located in Babylon.
    There are five pumpouts located in harbors adjacent to the Port 
Jefferson Harbor Complex. Two pumpouts are located in Stony Brook 
Harbor. One pumpout is located in the Nisseqouque River while two more 
are located in Mt. Sinai Harbor.
    According to the State's petition, the maximum daily vessel 
population for the waters of Port Jefferson Harbor Complex is 
approximately 900 vessels which are docked or moored. An inventory was 
developed including the number of recreational, commercial and 
estimated transient vessels that occupy the harbor bay complex. The 
ratio of boats to pumpout facilities has been based on the total number 
of vessels which could be expected. With two shore-side pumpout 
facilities and one pumpout vessel available to boaters, the ratio of 
docked or moored boats (including transients) is approximately 300 
vessels per pumpout. Standard guidelines refer to acceptable ratios 
failing in the range of 300 to 600 vessels per pumpout. If the EPA 
calculation is employed (as listed in the guidance manual entitled, 
``Protecting Coastal Waters from Vessel and Marina Discharges: A Guide 
for State and Local Officials--April 1994), it estimates that two 
pumpouts are needed to provide adequate facilities.
    Several commercial vessel operators are active in and around the 
harbor. These include the Bridgeport/Port Jefferson Ferry, Miller 
Marine, Barker Marine, Buchanan Marine, Ltd., Martha Jefferson 
Paddlewheel Cruises, Port Jefferson Ace and Prowler Recreational/
Charter Fishing, and Osprey Recreational/Charter Fishing. These 
businesses were contacted by the Town of Brookhaven and asked to 
provide information regarding their methods for treating their vessel 
sewage. Most of the operators contacted use holding tanks to retain 
their sewage. The operators that currently use flow-through systems 
have made commitments to retrofit and comply with the No Discharge Area 
when finalized.
    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 the Port Jefferson 
Harbor Complex in the County of Suffolk, New York. A final 
determination on this matter will be made following the 30-day period 
for public comment and will result in a New York State prohibition of 
any sewage discharges from vessels in Port Jefferson Harbor Complex.
    Comments and views regarding this petition and EPA's tentative 
determination may be filed on or before May 29, 2001. 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: April 6, 2001.
Kathleen C. Callahan,
Acting Regional Administrator, Region II.
[FR Doc. 01-10434 Filed 4-25-01; 8:45 am]
BILLING CODE 6560-50-P