[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66041-66042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26495]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8738-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Notice is hereby given that a petition has been received from 
the State of New York requesting a determination by the Regional 
Administrator, U.S. Environmental Protection Agency, that adequate 
facilities for the safe and sanitary removal and treatment of sewage 
from all vessels are reasonably available for Hempstead Harbor, Nassau 
County, New York. The waters of the proposed No Discharge Zone fall 
within the jurisdictions of the Town of North Hempstead, the Town of 
Oyster Bay, the County of Nassau, the City of Glen Cove and the 
Villages of Sea Cliff, Roslyn Harbor, Roslyn, Flower Point and Sands 
Point. These entities, through the New York Department of State and the 
Hempstead Harbor Protection Committee prepared the application for the 
designation of a Vessel Waste No Discharge Zone, which was submitted by 
the New York State Department of Environmental Conservation.
    EPA published a Tentative Affirmative Determination on July 15, 
2008, in the Federal Register.
    Public comments were solicited for 30 days and the comment period 
ended on August 14, 2008. Comments were received from three 
individuals, one stating that EPA should not blame the boaters for 
water quality problems, one supporting the proposed NDZ and one who 
finds that pumpout facilities are sometimes inoperable and that fines 
should be levied against the marinas that cannot provide the pumpout 
service on which our determinations are based.
    Regarding the first comment of ``blaming the boaters,'' Section 
312(f)(3) of the Clean Water Act allows States to prohibit the 
discharge of sewage, whether treated or untreated, from vessels for the 
greater protection and enhancement of water quality. EPA determines 
whether adequate facilities, for the safe and sanitary removal and 
treatment of the sewage, are reasonably available. We have found the 
facilities in the proposed areas are reasonably available and recommend 
finalizing our determination. Regarding the third comment, the Clean 
Water Act Section 312(f) does not provide for the assessment of fines 
against marinas for inoperable pumpouts. In the past, when we have been 
made aware of inoperable or inaccessible pumpouts we have contacted the 
State agencies and requested their assistance in resolution of the 
matter. The situation has always been resolved as expeditiously as 
possible. EPA will continue to refer complaints about non-operational 
pumpouts to the appropriate State and local authorities when such 
complaints are received.

SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has 
been received from the State of New York requesting a determination by 
the Regional Administrator, U.S. Environmental Protection Agency, 
pursuant to section 312(f)(3) of Public Law 92-500 as amended by Public 
Law 95-217 and Public Law 100-4, that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for Hempstead Harbor and its harbors and creeks 
within the following boundaries: South of a line drawn from Mott Point 
on the west side of the harbor to a breakwater approximately one-half 
mile north of Mosquito Cove on the east side of the harbor (Lat 
40[deg]52' N, Long 73[deg]40' W) within the Villages of Sea Cliff, 
Roslyn, Roslyn Harbor, Flower Point and Sands Point and the City of 
Glen Cove.
    New York has provided documentation indicating that the total 
vessel population is estimated to be 1,350 in the proposed area. Five 
pumpout facilities are operational in the harbor, these facilities are 
Tappen Marina, Bar Beach, Brewer's Marina, Sea Cliff Yacht Club, and 
Glen Cove Yacht Club. In addition to these five pumpout facilities, the 
Towns of North Hempstead Harbor and Oyster Bay each operate pumpout 
boats that serve the harbor. Based upon the criteria cited in the Clean 
Vessel Act and based upon the vessel population, Hempstead Harbor 
requires approximately three to five pumpout facilities. The harbor has 
seven facilities operational which satisfies the criteria.
    Tappen Marina Pumpout is located at 40[deg]50'2.44'' N/
73[deg]39'2.93'' W. The pumpout is user operated and available 24 hours 
per day and 365 days a year. The contact for information on the pumpout 
is the Town of Oyster Bay Dockmaster or the Parks Commissioner at 516-
674-7100 and the facility fee is free. Vessel limitations are 50 feet 
in length and 10 feet in draft. An onsite septic field is used for 
disposal, with transport to a wastewater treatment plant as backup.
    Brewer's Marina is located at 40[deg]51'16.17'' N/73[deg]38'46.51'' 
W. The pumpout is user operated and available 24 hours per day from 
April 1 to November 30, seven days a week. The contact for information 
is the Brewer's Marina at 516-671-5563 and the facility fee is free. 
Vessel limitations are 40 feet in length and 6 feet in draft. The 
pumpout facility is directly connected to the Glen Cove wastewater 
treatment facility.
    Sea Cliff Yacht Club is located at 40[deg]51'11.03'' N/
73[deg]38'59.11'' W and is available Memorial Day through October 15th, 
9 a.m. until 5 p.m. on weekdays and by appointment on weekends. The 
contact for information is Jim Kowchesski, Manager, at (516) 671-7374 
or the Dockmaster at (516) 671-0193 and the facility fee is $5.00. 
Vessel limitations are 40 feet in length and 4.5 feet in draft. The 
pumpout facility discharges to the Glen Cove wastewater treatment 
facility.
    The Town of Oyster Bay Pumpout Boat operates in Hempstead Harbor 
and Oyster Bay and is available June through October, Friday through 
Monday. The contact for information is the Town of Oyster Bay at 516-
677-5711 or VHF Channel 9 and the fee is free. No vessel limitations 
exist. The Roosevelt Marina pumpout is used for disposal sewage from 
the pumpout boat and the marina pumpout discharges to the Oyster Bay 
Sewer District wastewater treatment plant.
    The Town of North Hempstead Pumpout Boat operates in Hempstead 
Harbor and Manhasset Bay and is available June through September, 
Wednesday through Sunday. The contact for information is the Town of 
Hempstead at 516-767-4622 or VHF Channel 9 and the fee is free. No 
vessel limitations exist. The pumpout boat discharges to the local 
sewer at Town dock. While Bar Beach and the Glen Cove Yacht Club 
pumpout facilities are listed in the petition, no information is 
provided regarding location, contact information or fees.
    The EPA hereby makes a final affirmative determination that 
adequate facilities for the safe and sanitary

[[Page 66042]]

removal and treatment of sewage from all vessels are reasonably 
available for Hempstead Harbor in the County of Nassau, New York.

    Dated: October 16, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
 [FR Doc. E8-26495 Filed 11-5-08; 8:45 am]
BILLING CODE 6560-50-P