[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72856-72858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29509]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9758-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice--receipt of petition and tentative affirmative 
determination.

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SUMMARY: Notice is given that, pursuant to Clean Water Act Section 
312(f)(3), the State of New York has determined that the protection and 
enhancement of the quality of the New York State (NYS or the State) 
portion of Lake Erie requires greater environmental protection, and has 
petitioned the United States Environmental Protection Agency, Region 2, 
for a determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are reasonably 
available for those waters, so that the State may completely prohibit 
the discharge from all vessels of any sewage, whether treated or not, 
into such waters.
    New York State has proposed to establish a ``Vessel Waste No 
Discharge Zone'' for the State's portion of Lake Erie stretching from 
the Pennsylvania-New York State boundary to include the upper Niagara 
River to Niagara Falls. The proposed No Discharge Zone encompasses 
approximately 593 square miles and 84 linear shoreline miles, including 
the navigable portions of the Upper Niagara River and numerous other 
tributaries and harbors, and embayments of the Lake, including 
Barcelona Harbor, Dunkirk Harbor and Buffalo Outer Harbor, and other 
formally designated habitats and waterways of local, state, and 
national significance.

DATES: Comments regarding this tentative determination are due by 
January 7, 2013.
    Petition: You may view Lake Erie No Discharge Zone Petition by 
clicking the link below: http://www.epa.gov/region02/water/permits.html.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``Comments on 
Tentative Affirmative Decision for NYS Lake Erie NDZ'' in the subject 
line of the message.
     Fax: 212-637-3891.
     Mail and Hand Delivery/Courier: Moses Chang, U.S. EPA 
Region 2, 290 Broadway, 24th Floor, New York, NY 10007-1866. Deliveries 
are only accepted during the Regional Office's normal hours of 
operation (8 a.m. to 5 p.m., Monday through Friday, excluding federal 
holidays), and special arrangements should be made for deliveries of 
boxed information.

FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Notice is given that the State of New York 
has petitioned the United States Environmental Protection Agency (EPA), 
Region 2, 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 the NYS portion of Lake Erie. Adequate 
pumpout facilities are defined as one pumpout station for every 300-600 
boats under the Clean Vessel Act: Pumpout Station and Dump Station 
Technical Guidelines (Federal Register, Vol. 59, No. 47, March 10, 
1994).
    The Great Lakes are the largest group of freshwater lakes on Earth, 
containing 95% of the fresh surface water in the United States and 
serving as the largest single reservoir on Earth. The glacial history 
and the influence of the Lakes themselves create unique conditions that 
support a wealth of biological diversity, including over 200 globally 
rare plants and animals and more than 40 species that are found nowhere 
else in the world.
    Lake Erie is the smallest of the Great Lakes. It is also the 
shallowest, with depths that range from an approximate average of 24 
feet in the western basin, to 82 feet in the deeper eastern basin. As 
the shallowest of the Great Lakes, it warms quickly in the spring and 
summer, and cools quickly in the fall. This shallowness and the warmer 
temperatures result in making Lake Erie the most biologically 
productive of the Great Lakes.
    The New York State Department of Environmental Conservation (DEC) 
developed the New York State petition in collaboration with New York 
State Department of State (DOS) and the New York State Environmental 
Facilities Corporation (EFC) to establish a vessel waste No Discharge 
Zone (NDZ) on the open waters, tributaries, harbors and embayments of 
New York State's portion of Lake Erie.
    A Clean Water Act Section 312(f)(4)(B) NDZ designation for drinking 
water intake zones might be appropriate for the vast majority of the 
Lake Erie waters included in this petition. However, to address the few 
areas that are not Class A (including Barcelona Harbor, Dunkirk Harbor 
and the Black Rock Canal), the State is seeking a determination by EPA, 
under Section 312(f)(3), that adequate facilities exist for the safe 
and sanitary removal and treatment of sewage from all vessels using 
this area of the Lake, and has provided information on Lake resources, 
vessel traffic, and vessel pumpout facilities in support of such a 
determination. In support of its petition, the state also submitted a 
Certification of the Need for Greater Protection and Enhancement of 
Lake Erie waters.
    The Lake Erie watershed is home to approximately one-third of the 
total human population of the Great Lakes basin: 11.6 million people 
(10 million

[[Page 72857]]

U.S. and 1.6 million Canadian), including 17 metropolitan areas, each 
with more than 50,000 residents. The majority, 11 million people, 
receive their drinking water from the Lake. Of all the Great Lakes, 
Lake Erie is exposed to the greatest stress from urbanization, 
industrialization and agriculture. Because the Lake Erie basin supports 
such a large human population, it surpasses all the other Great Lakes 
in the amount of effluent received from sewage treatment plants.
    There are 18 designated Significant Coastal Fish and Wildlife 
Habitats in the two counties that comprise New York's Lake Erie 
shoreline, including Cataraugus Creek, Dunkirk Harbor, Buckhorn Island 
Wetlands and Grand Island Tributaries. These habitats are essential to 
the survival of a large portion of lake fish and wildlife populations, 
and they support populations of species of special concern as well as 
those having significant commercial, recreational, and educational 
values.
    The New York State shoreline and waters of Lake Erie also host a 
variety of swimming, boating and other recreational activities. These 
recreational activities are a source of revenue to the regional 
economy, bringing people to the shoreline, where they patronize local 
businesses.
    Virtually all of Lake Erie is classified by New York State as Class 
A waters. This classification means that the best uses of these waters 
are for drinking, culinary or food processing purposes, recreation and 
fishing. Class A waters shall be suitable for fish, shellfish, and 
wildlife propagation and survival, and, when subject to accepted 
treatment for drinking water supplies, must comply with New York State 
Department of Health (DOH) drinking water safety standards. Currently, 
six New York municipal and community water supplies, including Buffalo 
and Erie County, draw water from Lake Erie, and serve approximately 
275,000 people.
    In summary, as one of the nation's premier waterbodies, Lake Erie 
supports several important uses, including drinking water supplies, 
valuable habitats, commercial and recreational boating and other 
recreational activities. The Lake serves as an economic engine for the 
region, heavily used and enjoyed by the citizens of the many lakeshore 
communities and throughout the watershed. The protection and 
enhancement of the open waters, tributaries, harbors and embayments of 
the New York State portion of Lake Erie require greater protection than 
is afforded by the current federal vessel sewage discharge standards. 
And, an NDZ designation covering the waters of the Lake represents one 
component of a comprehensive approach to water quality management. This 
wider effort includes initiatives to control point and non-point source 
pollution, including pollution associated with municipal discharges, 
Combined Sewer Overflows, and storm water runoff.
    For EPA to determine that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the New York State portion of Lake Erie, the 
State must demonstrate that the pumpout-to-vessel ratio does not exceed 
1:600. In its petition, the State described the recreational and 
commercial vessels that use Lake Erie and the pumpout facilities that 
are available for their use.
    To develop a reasonable estimate of recreational vessel use of the 
NYS portion of Lake Erie, the State utilized two major sources of 
information. The first was DOS's Clean Vessel Act Plan (Statewide 
Plan), released in1996. Using data from the Statewide Plan, the 
estimated number of recreational vessels in each of the New York State 
counties bordering Lake Erie is 2,029. The second information source 
for recreational boater usage was boater registrations, obtained 
through the New York State Office of Parks, Recreation and Historic 
Preservation's 2010 Boating Report (OPRHP Report) for the counties of 
Erie and Chautauqua (the two New York State counties on Lake Erie). The 
data in the OPRHP Report yields an estimate of 2,204 vessels with MSDs 
in the respective counties, which are assumed to operate in Lake Erie.
    The State provided sufficient information about 15 pumpout 
facilities that are publicly available for use by recreational and 
small commercial vessels on the New York State shore of Lake Erie. 
These facilities either discharge to a holding tank, to a municipal 
wastewater treatment plant, or to an on-site septic system. All fifteen 
(15) were created through funding provided by the Clean Vessel 
Assistance Program (CVAP), and are thus required to be open to the 
public. Nine additional marinas are located along Lake Erie in New York 
State. Four of these do not receive CVAP funding, so specific 
information is not available. The other five marinas represent 
locations where CVAP funding could support future pumpout facilities. 
However, for purposes of this adequacy determination, EPA only 
considered the 15 CVAP funded facilities. Therefore, the most 
conservative estimate of the ratio of pumpout facilities to 
recreational vessels is 15:2,204 or 1:147. Because this exceeds the 
minimum ratio of 1:600, EPA proposes to determine that adequate pumpout 
facilities for the safe and sanitary removal and treatment of sewage 
for recreational vessels are reasonably available for the New York 
State portion of Lake Erie shoreline.
    Lake Erie is also used by large commercial vessels. The commercial 
vessel population was estimated using data from the National Ballast 
Information Clearinghouse (NBIC), which records ballast water discharge 
reports for arriving ships at the two main commercial ports on Lake 
Erie: Buffalo and Lackawanna. In 2010, ballast manifests showed that 62 
vessels arrived in Buffalo, and one arrived in Lackawanna. The majority 
(58) of these vessels were bulk ships, with two passenger ships and one 
more listed as ``other.'' The single arrival in Lackawanna was also a 
bulk ship. Based on these sources, New York State conservatively 
estimates that the commercial boat traffic docking in the New York 
State portion of Lake Erie is approximately one vessel per week. 
Although there are no fixed commercial vessel pumpout facilities at the 
Ports of Buffalo or Lackawanna, information gathered from the petition 
indicated that mobile pumpout services are available for hire, 
including septic waste haulers or pumpout trucks, which can service the 
vessels while they are docked in either port.
    To supplement the State's submissions regarding commercial vessel 
traffic in the NYS section of Lake Erie, DEC published a data call on 
its Web site seeking any additional relevant information, and also sent 
an informal request for information to commercial boating organizations 
that had commented on previous New York State NDZ petitions. Through 
that data call or request for information exercise DEC did not obtain 
any additional information. Therefore, based on the low level of 
commercial vessel traffic at Lake Erie ports in New York, and the 
availability of septic hauler pumpout trucks, EPA proposes to determine 
that adequate pumpout facilities for the safe and sanitary removal and 
treatment of sewage for commercial vessels are reasonably available for 
the New York State portion of Lake Erie shoreline.
    A list of pumpout facilities, phone numbers, locations, hours of 
operation, water depth and fees is provided below:

[[Page 72858]]



                               List of Pumpouts in the Lake Erie NDZ Proposed Area
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                                                                                              Water
     No.              Name              Location           Contact       Days and hours of    depth       Fee
                                                         information         operation        (feet)
----------------------------------------------------------------------------------------------------------------
1............  City of Dunkirk--   Dunkirk Harbor....     716-366-9882  April 1-November        6'-7'      $5.00
                Municipal Dock.                                          15, 6 a.m.-6 p.m.
2............  Niagara Frontier    Buffalo Harbor and     716-855-7230  May 5-October 15,       6'-8'       5.00
                Trans. Authority.   Buffalo River.                       7:00 a.m.-10:30
                                                                         p.m.
3............  RCR Yachts Skyway   Buffalo Harbor and     716-856-6314  April 1-November          12'       5.00
                Marina.             Buffalo River.                       30, 8:30 a.m.-
                                                                         5:30 p.m.
4............  City of Buffalo--   Buffalo Harbor and     716-851-5389  May 1-October 15,         10'       6.50
                Erie Basin Marina.  Buffalo River.                       7:00 a.m.-7:00
                                                                         p.m.
5............  Rich Marine Sales,  Buffalo Harbor and     716-873-4060  May 1-November 1,          6'       5.00
                Inc.                Buffalo River.                       9:00 a.m.-5:00
                                                                         p.m.
6............  Harbour Place       Buffalo Harbor and     716-876-5944  April 15-October          12'       5.00
                Marine Sales, Inc.  Buffalo River.                       31, 24 Hours.
7............  NYSOPRHP--Beaver    Grand Island......     716-278-1775  May 15-October 15,        10'       5.00
                Island State Park                                        24 Hours.
                Transient M.
8............  Blue Water Marine.  Grand Island......     716-773-7884  May 1-November 1,          5'       0.00
                                                                         9:00 a.m.-7:00
                                                                         p.m.
9............  Mid River Marina    Tonawanda Creek...     716-875-7447  April 1-September          5'       5.00
                Inc.                                                     30, 9:00 a.m.-
                                                                         6:00 p.m.
10...........  Collins Marine Inc  Tonawanda Creek...     716-875-6000  April 1-November           6'       5.00
                                                                         1, 24 Hours.
11...........  The Shores/Placid   Tonawanda Creek...     716-625-8235  April 15-October          12'       5.00
                Harbor Marine--                                          15, 9:00 a.m.-
                Tonawanda Marine                                         9:00 p.m.
                Develop Corp.
12...........  Niagara River       Tonawanda Creek...     716-693-2882  May 1-November 1,          NA       3.00
                Yacht Club.                                              Dusk-Dawn.
13...........  Smith Boys of       Tonawanda Creek...     716-693-3472  April 1-November,          8'       0.00
                North Tonawanda--                                        24 Hours.
                Upgrade.
14...........  East Pier Marine,   Tonawanda Creek...     716-693-6604  May 1-November 15,         5'       5.00
                Inc.                                                     9:00 a.m.-8:00
                                                                         p.m.
15...........  NYSOPRHP--Big Six   Grand Island......     315-483-9111  May 1-November 1,         10'       5.00
                Mile Creek State                                         24 Hours.
                Marina.
----------------------------------------------------------------------------------------------------------------

    Based on the above, EPA proposes to make an affirmative 
determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are available for the 
waters of the New York State portion of Lake Erie. A 30-day period for 
public comment has been opened on this matter, and EPA invites any 
comments relevant to its proposed determination. If, after the public 
comment period ends, EPA 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 New York State 
areas of Lake Erie, the State may completely prohibit the discharge 
from all vessels of any sewage, whether treated or not, into those 
waters.

    Dated: November 16, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2012-29509 Filed 12-5-12; 8:45 am]
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