[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Notices]
[Pages 39720-39722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14495]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7228-2]


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

    Notice is hereby given that a petition was received from the State 
of New York on July 5, 2001 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 Peconic Estuary, 
County of Suffolk, State of New York. The Towns of East Hampton, 
Riverhead, Shelter Island, Southampton, and Southold, and the Villages 
of Dering Harbor, Greenport, North Haven, and Sag Harbor are seeking to 
establish a New York State Designated No-Discharge Zone (NDZ) for the 
open waters, harbors and creeks on the Peconic Estuary, Suffolk County, 
New York west of a line from Orient Point (41.16133, -72.23065) to 
Montauk Point (41.07312, -71.8570).
    On March 6, 2002, EPA published a Receipt of Petition and Tentative 
Determination and accepted comments from the public for a thirty (30) 
day period. EPA received letters from the following individuals or 
communities:

Honorable David E. Kapell, Mayor, Village of Greenport, 236 Third 
Street, Greenport, New York 11944.

Paul W. Esterle, 2971 Broad Street, 155, Bristol, Tennessee 
37620-3461.

Rameshwar Das, 61 Shoridge, East Hampton, New York 11937.

    Two of the comment letters expressed support for the establishment 
of the NDZ, stating that the NDZ was important to protect fishing and 
water recreational resources. One letter stated that the existing NDZ 
in East Hampton is a valuable component of public awareness for 
ensuring the health of the estuary and that it served to bring the 
stakeholders in the estuary into the process.
    One comment letter objected to establishing a NDZ and raised two 
general concerns. In explaining the first concern, the commentor 
pointed out that the existing national standards already prohibit the 
discharge of untreated sewage from vessels and argued that the quality 
of treated wastes discharged from marine sanitation devices (MSDs) was 
better than wastes discharged from on-shore sewage treatment systems.
    In response, EPA acknowledges the accuracy of the first point 
regarding the existing national prohibition against untreated 
discharges from MSDs in coastal waters such as the Peconic Estuary. 
However, EPA questions the claim that MSDs produce wastewater that is 
cleaner than the wastes discharged from on-shore sewage treatment 
plants, and EPA notes that the justification provided in the letter to 
support the claim is anecdotal. Further, EPA is not aware of any 
studies conducted on the discharges from existing MSDs that evaluate 
the efficacy of the units after years of operation. Sewage treatment 
plants, on the other hand, are typically required to reduce biochemical 
oxygen demand and total suspended solids by 85%, and are generally 
subject to routine monitoring and reporting requirements. In addition, 
many sewage treatment plants are required to provide disinfection, 
which commonly results in effluent quality less than 100 colonies per 
100 milliliter for fecal coliform, which is better than the standards 
that MSDs are required to meet.
    The second concern raised in the letter challenged the conclusion 
in the tentative determination that sufficient pumpout facilities were 
available for boaters. The commentor cites an article that was 
published in Cruising World regarding the Rhode Island coastal waters 
NDZ. The article recounts a boater's three day attempt, in Rhode 
Island, to locate a functioning pumpout facility. The article alleges 
that many of the pumpouts in the waters of Rhode Island are in 
disrepair or not accessible. Based on their independent surveys, the 
State of Rhode Island and Save the Bay disagree with the conclusion of 
the Cruising World article.
    EPA does not see the relevance of the article on the Rhode Island 
NDZ to the number of pumpouts and vessel populations in the Peconic 
Estuary. Based upon the information provided in the application, there 
are more than adequate pumpout facilities available to the boaters. 
While neither agreeing or disagreeing with the article conclusion, EPA 
does recognize that proper operation and maintenance of the pumpout 
facilities are essential to the successful implementation of the NDZ.
    In further response to the comment letter, the Clean Water Act 
(Sec. 314(f)(3)) authorizes a State to completely prohibit the 
discharge from all vessels of any sewage, whether treated or not, by 
making a written application to EPA. Upon receipt of an application, 
EPA must determine whether adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available. The State of New York has applied to EPA in 
accordance with the Clean Water Act and EPA has determined that such 
facilities are reasonably available. The criteria for approval of the 
NDZ application is the adequacy and availability of the pumpouts for 
the number and size of vessels operating in the Peconic Estuary. This 
criteria has been satisfied.
    This determination is based on the following information which was 
included in the application submitted to EPA by the State of New York 
and the Towns of East Hampton, Riverhead, Shelter Island, Southampton, 
and Southold, and the Villages of Dering Harbor, Greenport, North 
Haven, and Sag Harbor. The open waters, harbors and creeks of the 
Peconic Estuary support significant shellfisheries, fish spawning, 
nursery and feeding areas, primary contact recreation such as swimming, 
and are or have within them State designated Significant Coastal Fish 
and Wildlife Habitats. Vessel counts indicate that there are 
approximately 7,000 to 11,300 boats in the area on an average summer 
weekend.
    These areas provide important natural and recreational resources 
that contribute significantly to the local, regional and state economy 
and the protection and enhancement of these waters is crucial to 
maintaining the natural resource values and economic viability of 
traditional maritime commercial and recreational activities.
    A New York State Designated No-Discharge Zone has already been 
established in the Town of East Hampton (1998) for the enclosed harbors 
and creeks on the Peconic Estuary from the Sag Harbor Village line to 
Montauk Point, Town of East Hampton, Suffolk County, New York. The 
existing NDZ includes Northwest Creek, Accabonac Harbor, Three Mile 
Harbor, Napeague Harbor, Hog Creek and Lake Montauk.
    For many years, most of the Peconic Estuary was open for 
shellfishing. However, beginning in the mid-1980's, the creeks and 
embayments experienced partial seasonal closures due to coliform 
bacteria levels. At present, the major creeks and embayments experience 
closure on a year round or a seasonal

[[Page 39721]]

basis due to high levels of coliform bacteria in the water. Although 
vessel waste may be a relatively small contributor to marine pollution 
in general in the Peconic Estuary, pollution from boats has been 
identified in the New York State Priority Waterbodies List as one of 
several key pollution sources that has led to shellfish being 
classified as an impaired use in water quality classifications within 
the Peconic Estuary.
    According to the State's petition, the maximum daily vessel 
population for the waters of the Peconic Estuary is 11,247 vessels 
which are docked or moored. An inventory was developed including the 
number of recreational, commercial and estimated transient vessels that 
occupy the estuary. The following table summarizes the location of 
pumpout facilities and vessel populations:

------------------------------------------------------------------------
                   Waterbody                      Vessels      Pumpouts
------------------------------------------------------------------------
Orient Harbor.................................          281            0
Greenport Harbor..............................         1026            2
Southold Bay..................................         1319            4
Hog Neck Bay..................................          251            0
Cutchogue Harbor Complex......................          699            2
Southold......................................          449            2
Flanders Bay Complex..........................          572            4
Red Creek Pond................................          187            0
Cold Springs Pond.............................          341            3
Bullhead Bay/Sebonac Complex..................           76            1
North Sea Harbor..............................          253            0
Noyack Sea Harbor.............................          300            0
Sag Harbor Complex............................         1867            2
Three Mile Harbor.............................         1262            8
Accabonac Harbor..............................           56            0
Napeague Harbor...............................           20            0
Lake Montauk..................................         1274            6
Dering Harbor.................................          381            1
Coecles Harbor................................          287            1
West Neck Harbor..............................          346            0
                                               -------------------------
    Total.....................................        11247           36
------------------------------------------------------------------------


    The ratio of boats to pumpout facilities has been based on the 
total number of vessels which could be expected. With thirty shore-side 
pumpout facilities and six pumpout vessel available to boaters, the 
ratio of docked or moored boats (including transients) is approximately 
311 vessels per pumpout. Standard guidelines refer to acceptable ratios 
failing in the range of 300 to 600 vessels per pumpout.
    There are commercial vessel operators active in and around the 
Peconic Estuary. These include the Cross Sound Ferry, the Plum Island 
Ferry, the Shelter Island Ferry and the commercial fishing fleets which 
operate out of Greenport and East Hampton. Cross Sound Ferry has a 
fleet of seven vessels. Six of these accommodate autos, trucks, buses 
and passengers. Cross Sound Ferry also offers high speed ferry service 
on its passenger only vessel, Sea Jet I. The ferries run hourly from 
each location, generally between 7 a.m. and 9 p.m., although the 
schedule varies with the season and at holidays. All of the Cross Sound 
Ferry fleet have holding tanks. These are pumped out at its facility in 
New London. Waste is emptied into the sewer system for treatment at the 
New London Sewage Treatment Plant. The Plum Island Ferry operates three 
vessels between Orient Point and the USDA facility on Plum Island. 
Vessel waste from the ferries is pumped out and treated at the sewage 
treatment facility at Plum Island.
    Two vehicle ferries run between Shelter Island and the mainland. 
The North Ferry Co., Inc. provides ferry service between the Village of 
Greenport and the Town of Shelter Island. The North Ferry operates four 
100-ton, 90-foot-long ferries, each capable of carrying cars, trucks, 
bicycles, and passengers. The ferry operates between 5:40 a.m. and 
11:45 p.m., running every 15 minutes between 7:15 a.m. and 10:15 p.m., 
with additional trips on holiday weekends. No restroom facilities are 
on board.
    South Ferry Inc. of Shelter Island provides ferry service between 
the Town of Shelter Island and the Village of North Haven. The South 
Ferry operates 3 ferries, each capable of carrying cars, trucks, 
bicycles, and passengers. The ferry operates between 6 a.m. and 11:45 
p.m., running every 10-12 minutes, with additional trips on holiday 
weekends. No restroom facilities are on board.
    Greenport is home to a commercial fishing fleet. Although subject 
to turnover and change, the fleet has an estimated 16 vessels. The 
Village of Greenport Harbor Management Plan (December 1998) identified 
3 bay draggers operating out of Stirling Basin and 11 trawlers and 2 
scallopers operating from facilities in Greenport Harbor, including 
Coopers, Greenport Yacht and Shipbuilding and the Village of 
Greenport's commercial fishing dock. The Greenport Seafood Dock and 
Market and the Greenport Fish factory provide facilities for the 
unloading and distribution of fish and are used by both local and 
offshore fleets. The Village's commercial fishing dock, known as the 
railroad dock, is a layover facility for commercial craft and is not a 
full service facility. Discussions with the commercial fishing fleet 
indicate that they discharge holding tanks outside the three mile 
limit.
    Commercial fishing facilities in East Hampton are concentrated in 
Three Mile Harbor and Lake Montauk. Data from the Town of East Hampton 
Draft LWRP (Feb. 1999) indicate that the Town's Commercial Dock at the 
end of Gann Road on Three Mile Harbor serves 5-6 bay trawlers, 3-5 
lobster boats and three or more trap fishermen. Lake Montauk is an 
important commercial fishing center and has an extensive and varied 
fleet. Although subject to turnover and change, the fleet has at times 
comprised as many as 44 ground fish trawlers, 12 inshore and 7 offshore 
lobster boats, and 53 long-liners, including as many as 30 transient 
boats from other areas of the East Coast (A. T. Kearney, Development of 
a Commercial Fisheries Industry Strategy for the State of New York, 
1989). Commercial dock space is available at two municipal and four 
private docks on Star Island and on West Lake Drive, two facilities on 
East Lake Drive and two facilities on the west side of the Inlet. 
Discussions with the commercial fishing fleet indicate that they 
discharge holding tanks outside the three mile limit.
    There is one recreational party fishing boat that operates out of 
Greenport, the Peconic Star II. It docks at the Mitchell site and has a 
capacity for up to 150 persons. This vessel has two 60 gallon holding 
tanks and these are pumped out by a septic truck. The Peconic Queen 
operates out of the Peconic River in Riverhead and tours the estuary. 
This vessel has a holding tank and pumps out at the Town of Riverhead 
pumpout in downtown Riverhead. Montauk is also home to charter boats 
for offshore sport fishing and the Viking passenger ferry fleet. 
Interviews indicate that these vessels discharge holding tanks outside 
the three mile limit.
    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 Peconic 
Estuary in the County of Suffolk, New York. This final determination on 
this matter follows a 30-day period for public comment and results in a 
New York State prohibition of any sewage discharges from vessels in the 
Peconic Estuary.
    Based on this EPA determination, the Peconic Estuary automatically 
becomes

[[Page 39722]]

a State designated No-Discharge Zone, pursuant to Section 33.e.1. of 
the New York State Navigation Law. Within the No-Discharge Zone, 
discharges from marine toilets are prohibited under Section 33.e.2 of 
the State Navigation Law, and marine sanitation devices on board 
vessels operated in a No-Discharge Zone must be secured to prevent 
discharges. This statute may be enforced by any police officer or peace 
officer acting pursuant to their special duties.

    Dated: May 21, 2002.
Jane M. Kenny,
Regional Administrator, Region II.
[FR Doc. 02-14495 Filed 6-7-02; 8:45 am]
BILLING CODE 6560-50-P