[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Notices]
[Pages 53067-53068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19819]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7807-9]


Receipt of an Application From the State of Ohio to Declare Its 
Waters of Lake Erie a No Discharge Zone for Vessel Sewage

AGENCY: Environmental Protection Agency (EPA).

ACTION: Receipt of a petition from the State of Ohio for determination 
as to the adequacy of facilities on Lake Erie for the disposal of 
vessel sewage.

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[[Page 53068]]

SUMMARY: Notice is hereby given that a petition has been received from 
the State of Ohio for a determination by the Administrator of Region 5 
that there is a reasonable availability of adequate facilities for the 
safe and sanitary removal and treatment of sewage from all vessels on 
its waters of Lake Erie.

SUPPLEMENTARY INFORMATION: On June 23, 2004, the State of Ohio, 
Department of Natural Resources, submitted a petition requesting the 
EPA to declare the Ohio waters of Lake Erie a No Discharge Zone under 
section 312(f)(3) of the Clean Water Act (33 U.S.C. 1322(f)(3) and 40 
CFR 140.4(a). Section 312(f)(3) states that ``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 State 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 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 waters to which the prohibition would 
apply.''
    The petition states that there are 81,371 licensed watercraft in 
the counties bordering Lake Erie with 22% of the motorized boat users 
having either a portable or permanent toilet on board and that 
approximately 353 marinas are located with access to the lake. Of 
these, 121 marinas have pumpout and/or dump stations for vessel sewage. 
A listing of these facilities and their location has been submitted 
with the petition. In addition, there are over 700 shoreline public 
restrooms available at public boat launches, docks and parks. Also, 
there are nine ports with 35 commercial docking facilities with no 
pumpout stations. However, the petition states that these ports are 
serviced by private septage tanker trucks. Once the Regional 
Administrator determines that adequate facilities are available, the 
State of Ohio has the authority pursuant to section 312(f)(3) of the 
Clean Water Act and 40 CFR 140.4(a) to completely prohibit the 
discharge of sewage, whether treated or not, from all vessels into the 
waters of Lake Erie under its jurisdiction.
    Comments and views regarding this petition, pending a determination 
by the Regional Administrator, may be filed within 30 days of 
publication of this notice. These should be addressed to Irvin J. 
Dzikowski P.E. at U.S. Environmental Protection Agency, Region 5 WN-
16J, 77 West Jackson Blvd, Chicago, Illinois 60604.

    Dated: August 23, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-19819 Filed 8-30-04; 8:45 am]
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