[Federal Register Volume 73, Number 216 (Thursday, November 6, 2008)]
[Notices]
[Pages 66042-66043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26497]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8738-4]

Environmental Protection Agency EPA


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

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 (EPA), that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for Oyster Bay/Cold 
Spring Harbor Complex, New York. The waters of the proposed No 
Discharge Zone fall within the jurisdictions of the Town of Oyster Bay, 
the Town of Huntington, the Village of Bayville, the Village of 
Bayville, the Village of Centre Island, the Village of Cove Neck, the 
Village of Lattingtown, the Village of Laurel Hollow, the Village of 
Lloyd Harbor, the Village of Mill Neck, the Village of Oyster Bay Cove, 
the County of Nassau, and the County of Suffolk. These entities 
submitted an application prepared by Cashin Associates, P.C. for the 
designation of a Vessel Waste No Discharge Zone. New York State 
Department of Environmental Conservation certified the need for greater 
protection of the water quality.
    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 Oyster Bay/Cold Spring Harbor Complex and its 
harbors and creeks within the following boundary:
    South of a line drawn from Rocky Point on Centre Island in west to 
Caumsett State Park in the east. The Complex encompasses 6400 acres of 
open water and intertidal area. The waterbodies included in the Complex 
are Oyster Bay Harbor between Bayville Bridge and Plum Point on Centre 
Island, Mill Neck Creek to the west of Bayville Bridge, Cold Spring 
Harbor south of a line between Cooper bluff in Cove Neck and West Neck 
Beach in the Village of Lloyd Harbor, and Oyster Bay between Centre 
Island and the Lloyd Neck peninsula that connects Oyster Bay

[[Page 66043]]

Harbor and Cold Spring Harbor to Long Island Sound.
    New York has provided documentation indicating that the total 
vessel population is estimated to be 2,000 in the proposed area. Based 
upon boat census data, approximately 1000 to 1500 vessels would be 
equipped with a Type III marine sanitation device (holding tank). Four 
pumpout facilities are operational in the Complex, these facilities are 
Roosevelt Marina, Powles Marina, Town of Oyster Bay Pumpout Barges (2-
East and West), and Town of Oyster Bay Pumpout Vessel. Based upon the 
criteria cited in the Clean Vessel Act (a pumpout facility can 
adequately service 300 to 600 vessels) and based upon the vessel 
population, the Complex requires approximately three to six pumpout 
facilities. The harbor has five facilities operational which satisfies 
the criteria. An additional pumpout boat is available when needed.
    Roosevelt Marina Pumpout is located at 40[deg]52.635'' N/
73[deg]31.805'' W. The pumpout is available 24 hours per day and 365 
days a year. The contact for information on the pumpout is the Town of 
Oyster Bay, Roosevelt Marina Pumpout, VHF Channel 9 or 516-797-4110. 
The facility fee is free. Vessel limitations are 36 feet in length and 
4 feet in draft at dead low tide. The collected vessel sewage is 
discharged to the sewer and treated at the Oyster Bay Sewer District 
Wasterwater Treatment Plant.
    Powles Marina Pumpout is at 40[deg]52'31.17'' N/73[deg]28'17.94'' 
W. The pumpout is available 24 hours per day from Mid-April to October 
31, seven days a week. The contact for information is the Powles Marina 
at 631-367-7670 or VHF Channel 9. The facility fee is free. Vessel 
limitations are 50 feet in length and 5 feet in draft at low tide. The 
pumpout facility is serviced by the town sewage truck.
    Town of Oyster Bay Pumpout Barges are located at 40[deg]52.657'' N/
73[deg]31.456'' W and 40[deg]52.804'' N/73[deg]32.264'' W. The barges 
are available Mid-April through October 31, 24 hours a day, 7 days per 
week. The contact for information is Oyster Bay Pumpout Barge on VHF 
Channel 9. The facility fee is free. Vessel limitations are location 
dependent. The pumpout barges offload vessel sewage at the Roosevelt 
Marina Pumpout.
    The Town of Oyster Bay Pumpout Vessel operates in the Complex and 
is available Mid-April through October 31, Thursday through Sunday, 
from 10 am until 6 pm. The contact for information is the Town of 
Oyster Bay Pumpout Vessel on VHF Channel 9. The facility fee is free. 
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 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 Oyster Bay/
Cold Spring Harbor Complex in the Counties of Nassau and Suffolk, New 
York.

    Dated: October 16, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
 [FR Doc. E8-26497 Filed 11-5-08; 8:45 am]
BILLING CODE 6560-50-P