[Federal Register Volume 68, Number 62 (Tuesday, April 1, 2003)]
[Notices]
[Page 15724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7799]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7475-4]


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

    Notice is hereby given that a petition dated March 27, 2002 was 
received from the State of New Jersey 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 Barnegat Bay, 
Ocean County, New Jersey. This petition was made by the New Jersey 
Department of Environmental Protection (NJDEP) in cooperation with the 
Barnegat Bay Estuary Program, New Jersey Marine Sciences Consortium, 
Ocean County Planning Board and Ocean County Vacation and Technical 
School. 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 the Barnegat Bay Complex in 
accordance with section 312(f)(3) of the Clean Water Act and 40 CFR 
140.4(a).
    Barnegat Bay is a shallow, lagoon-type estuary characteristic of a 
back bay system of a barrier island coastline. Barnegat Bay is bordered 
by two barrier islands, Island Beach and Long Beach Island. These 
islands are approximately 64 km in total length, are oriented north-
south and separate the bay from the Atlantic Ocean. The No Discharge 
Zone (NDZ) will include Barnegat Bay Complex and its navigable 
tributaries. The boundary lines have been defined for the Point 
Pleasant Canal, Barnegat Inlet and Egg Harbor Inlet as lines between 
the following points:

Point Pleasant Canal--
    40 04.030 N, 74 03.281 W;
    40 04.068 N, 74 03.278 W
Barnegat Inlet--
    Inside South Bouy, 39 45.457 N, 74 05.519 W;
    Inside North Bouy, 39 45.525 N, 74 05.519 W
Egg Harbor Inlet--
    39 30.521 N, 74 18.389 W;
    39 30.476 N, 74 17.322 W

    Barnegat Bay provides recreational, economic, and aesthetic 
benefits to the coastal users of New Jersey. The estuary is productive 
for shellfish harvesting, recreational activities such as fishing, 
kayaking, swimming and boating. The bay supports hard clam harvest and 
blue crab landings. NJDEP Bureau of Marine Water Classification and 
Analysis has divided the State into 36 Shellfish growing water reaches. 
The bay complex is identified as Reaches 7 through 13 which are as 
follows:

Reach 7--Barnegat Bay (Bay Head to Seaweed Point)
Reach 8--Barnegat Bay (Seaweed Point to Mathis Bridge)
Reach 9--Toms River
Reach 10--Barnegat Bay (Mathis Bridge to Forked River)
Reach 11--Barnegat Bay (Forked River to Main Point)
Reach 12--Manahawkin/Little Egg Harbor Bay (Main Point to Long Point)
Reach 13--Long Point to Beach Haven Inlet

    Information submitted by the State of New Jersey indicate that 
there are sixty-six existing pumpout facilities and two pumpout boats 
available to service vessels throughout the Barnegat Bay Complex. The 
typical facility is available to the boating community from April 
through November with hours of operation from 8 am until 5 pm, seven 
days a week. Seven facilities are available all year. Sixty-three of 
the existing pumpout facilities are connected to municipal sewage 
lines. Sewage from these facilities is routed to the Ocean County 
Municipal Utilities Authority where it undergoes secondary treatment. 
Three pumpout facilities (Ocean Gate Yacht Basin, Ocean Beach South and 
Causeway Boat Rental and Marina) store their waste in holding tanks for 
disposal by a septic waste hauler.
    According to the State's petition, the vessel population for the 
waters of Barnegat Bay Complex is approximately 15,587 vessels which 
are docked at private residences and 12,900 vessels docked or moored at 
marinas or yacht clubs. The total vessel population is 28,487. The 
ratio of boats to pumpout facilities has been based on the total number 
of vessels which could be expected. With sixty-six shore-side pumpout 
facilities and two pumpout vessel available to boaters, the ratio of 
docked or moored boats (including transients) is approximately 420 
vessels per pumpout. Standard guidelines refer to acceptable ratios 
falling 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 twenty-
four pumpouts are needed to provide adequate facilities.
    Commercial vessels which operate in and around the harbor are 
engaged in fishing activities exclusively. Most of the operators will 
use the facilities where they dock or obtain fuel. The larger fishing 
vessels do not operate in the bay, but dock in the vicinity of Barnegat 
Light and fish the Atlantic Ocean.
    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 Barnegat Bay 
Complex in Ocean County, New Jersey. A final determination on this 
matter will be made following the 30-day period for public comment 
regarding a New Jersey State prohibition of any sewage discharges from 
marine vessels in the Barnegat Bay Complex.
    Comments and views regarding this petition and EPA's tentative 
determination may be filed on or before May 1, 2003. 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 2, Water Programs Branch, 290 Broadway, 24th Floor, New 
York, New York 10007-1866. Telephone: (212) 637-3880.

    Dated: March 14, 2003.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 03-7799 Filed 3-31-03; 8:45 am]
BILLING CODE 6560-50-P