[Federal Register Volume 66, Number 130 (Friday, July 6, 2001)]
[Notices]
[Page 35628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16942]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7006-9]


Massachusetts Marine Sanitation Device Standard; Notice of 
Determination

    On May 23, 2001, notice was published that the State 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 Three Bay/Centerville Harbor Area in the 
Town of Barnstable, County of Barnstable, State of Massachusetts. 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 States 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.
    The information submitted to me by the State of Massachusetts 
certified that there are two public pump-out facilities located within 
the proposed area to service vessels in Three Bay/Centerville Harbor 
Area.
    There is a self service pumpout trailer unit located at the Oyster 
Harbor Marina, with a holding capacity of 250 gallons, and provides 
access for vessels up to 50 feet in length and a draft of 4 feet at 
mean low water. This facility is available daily from June 15 through 
September 15 from approximately 0800 to 1700 (8am to 5pm). The second 
pumpout facility is a pumpout boat operated by the Harbormasters 
Office, and docked at the Oyster Harbor Marina when not in use. The 
boat has a holding capacity of 300 gallons. The pumpout boat is 
available Wednesday through Sunday from 0930 to 1630 (9:30am-4:30pm) 
from Memorial Day to Thanksgiving. The pump-out boat is accessible by 
VHF marine radio via Channel 9 and by calling the Oyster Harbor Marine 
and Environmental Affairs Division (MEAD) in Barnstable at (508) 790-
6273.
    The waste from the pump-out boat is off loaded to the trailer unit 
then transported to the Barnstable Water Pollution Control Facility. 
The Barnstable Board of Health issues a waste permit for this disposal.
    The town of Barnstable maintains public facilities at four 
locations, Loop Beach, Craigville Beach, Covells Beach and Dowse's 
Beach and are seasonal. In addition, the three marinas in the area 
provide on-shore toilet facilities for marina patrons and their guests.
    The number of mooring permits indicate that 1,667 vessels reside 
within the Three Bay/Centerville Harbor Area and 1584 are identified as 
recreational and 83 are commercial vessels. The Three Bay/Centerville 
Harbor Area is primarily a ``parking lot'' harbor and 70% of the vessel 
population is under 25 feet in length, and therefore do not have any 
type of Marine Sanitation Device (MSD). There are a number of locations 
in the Three Bay/Centerville Harbor Area with public launching ramps, 
however, the size and condition of the ramps and the depth of the water 
limit use to vessels 25 feet and under. In addition to the vessels that 
reside in the Complex, there is a transient population estimated at 110 
vessels which have MSD's.
    The resources of the Three Bay/Centerville Harbor Area are 
recreational and commercial. There are four public beaches, the Dead 
Neck Audubon Bird/Wildlife Refuge, and town conservation lands located 
within the area. The Three Bay/Centerville Harbor Area is also used by 
both recreational and commercial shell fishermen for the harvest of 
quahogs, soft-shell clams.
    Therefore, based on an examination of the petition and its 
supporting information, which included a site visit by EPA New England 
staff, I have determined that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the areas covered under this petition. The 
area includes Cotuit Bay, West Bay, East Bay, and Squaw Island Marsh, 
north of a line drawn 500 feet south of their mouths at Nantucket 
Sound. The area also includes the following sub-embayments: North Bay, 
Prince Cove, Marstons Mills River South of Route 28, Scudder Bay South 
of Bumps River Road, Bumps River East of Bumps River Road, Centerville 
River West of Craigville Beach Road, and Halls Creek South of 
Craigville Beach Road. The proposed NDA encompasses approximately 2,150 
surface acres in the Southwest corner in the Town of Barnstable. The 
area is roughly bounded by: 41 deg. 36' 40.0" N by 70 deg. 26' 41.1" W, 
41 deg. 37' 26.9" N by 70 deg. 19' 05.4" W, 41 deg. 38' 19.8" N by 
70 deg. 19' 21.9" W, and 41 deg. 39' 03.2"N-70 deg. 24' 53.8" W.
    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.

    Dated: June 22, 2001.
Ira Leighton,
Acting Regional Administrator.
[FR Doc. 01-16942 Filed 7-5-01; 8:45 am]
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