[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21240-21242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08807]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9925-75-Region 2]


New York State Prohibition of Discharges of Vessel Sewage; 
Proposed Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed determination.

-----------------------------------------------------------------------

SUMMARY: By petition dated May 19, 2014 and submitted pursuant to 33 
CFR 1322(f)(3) and 40 CFR 140.4(a), the State of New York certified 
that the protection and enhancement of the waters of Seneca Lake, 
Cayuga Lake, the Seneca River and tributaries thereto requires greater 
environmental protection than the applicable Federal standards provide 
and petitioned the Environmental Protection Agency (EPA), 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. Upon consideration of the petition, EPA proposes to 
make the requested determination and hereby invites the public to 
comment on the proposed determination.

DATES: Comments relevant to this proposed determination are due by May 
18, 2015.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``Comments on Proposed 
Determination on Seneca Lake/Cayuga Lake NDZ Petition'' in the subject 
line of the message.
     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: 
    Petition: To receive a copy of the petition, please contact Moses 
Chang at (212) 637-3867 or email at [email protected].

The Proposed No Discharge Zone

    New York proposes to establish a vessel waste No Discharge Zone 
(NDZ) covering the approximately 150 square miles of connected waters 
and tributaries of Seneca Lake, Cayuga Lake and the Seneca River.

Certification of Need

    New York's petition contains a certification by the Commissioner of 
the New York State Department of Environmental Conservation (NYSDEC) 
that the protection and enhancement of Seneca Lake, Cayuga Lake, the 
Seneca River and the navigable tributaries thereto, requires greater 
environmental protection than the applicable Federal standards provide. 
The certification states that Cayuga Lake and Seneca Lake are water 
bodies of unique ecological, economic and public health significance, 
as well as drinking water sources. Pathogens and chemicals contained in 
the currently-lawful effluent from discharging marine sanitation 
devices (MSDs) threaten public health and the environment and 
contravene the State's ongoing efforts to control point and non-point 
source pollution from municipal discharges, combined sewer overflows 
and stormwater runoff. A NDZ designation covering the waters of each 
lake represents one component of a comprehensive approach to water 
quality management. Protecting Cayuga Lake and Seneca Lake warrants 
this greater level of environmental protection in order to maintain 
excellent water quality, prevent future degradation and speed the 
recovery of impaired segments. Seneca Lake is the largest and deepest 
of all the Finger Lakes at 4.2 trillion gallons in volume and 291 feet 
in average depth. The maximum depth of the lake is 618 feet. The Seneca 
Lake Watershed comprises 14% of the greater Oswego River Watershed. 
While the water quality of the lake is generally good, the lake is on 
the NYSDEC Priority Waterbody List (PWL) as a Water with Minor Impacts. 
This means that the current uses of the lake are fully supported but 
some negative water quality impacts have been observed and action must 
be taken to ensure that the water will continue to support its uses in 
the future. Pollutants that negatively impact the lake include 
pathogens and oxygen demand from the Watkins Glen wastewater treatment 
plant and general lakeside activities as well as sediment from eroding 
stream banks and steep slopes surrounding the lake. As part of its 
broader efforts to protect and enhance the water quality of Seneca 
Lake, New York seeks to eliminate the discharge of pathogens and 
chemicals from all vessels using the lake.
    Cayuga Lake has a maximum depth of 435 feet and a volume of about 
2.5 trillion gallons. The Cayuga Lake Watershed comprises 15% of the 
greater Oswego River Watershed. While the water quality of Cayuga Lake 
is generally good, the northern to mid-south portions of the lake are 
on the NYSDEC Priority Waterbody List (PWL) as Threatened Segments 
because of the lake's significant value as a drinking water resource. 
As part of its broader effort to preserve and enhance water quality to 
maintain the lake's use as drinking waters with minimal required 
treatment, New York seeks to eliminate the discharge of pathogens and 
chemicals from all vessels using the lake.

[[Page 21241]]

Adequacy of Sewage Removal and Treatment Facilities

    In determining whether adequate facilities exist for the safe and 
sanitary removal and treatment of sewage from all vessels using a water 
body, EPA relies on the ``Clean Vessel Act: Pumpout Station and Dump 
Station Technical Guidelines,'' (59 FR 11290, March 10, 1994) published 
by the Department of the Interior (DOI), which provides that at least 
one pumpout station should be provided for every 300 to 600 boats over 
16 feet in length. The guidance also provides that approximately 20% of 
boats between 16 and 26 feet, 50% of boats between 26 and 40 feet and 
all vessels over 40 feet in length can be assumed to have an installed 
toilet with some type of MSD. Vessels below 16 feet in length are 
generally presumed not to have an MSD onboard.

Estimated Vessel Population

    In support of its petition, New York provided information on the 
vessel population in the proposed NDZ. The population of recreational 
vessels using Seneca Lake, Cayuga Lake and the Seneca River was 
estimated based on the New York State Office of Parks, Recreation and 
Historic Preservation's 2012 Boating Report (OPRHP Report) for the 
counties of Cayuga, Ontario, Schuyler, Seneca, Stueben, Tompkins and 
Yates, which surround the lakes. While it is very unlikely that every 
single vessel registered in these counties will operate in the proposed 
NDZ simultaneously, the state took a conservative approach and 
considered all boats registered in these counties as part of the 
overall recreational vessel population of the proposed NDZ. According 
to the OPRHP Report, in the seven counties surrounding the proposed 
NDZ, there are 16,740 registered boats between 16 and 25 feet long, 
1161 boats between 26 and 40 feet long and 71 boats over 40 feet long. 
Applying the percentages in the DOI guidance yields an estimate of 
3,967 recreational vessels with MSDs that operate in the proposed NDZ.
    The population of commercial vessels using Seneca Lake, Cayuga Lake 
and the Seneca River was estimated based on information provided by the 
Genesee Finger Lakes Regional Planning Board and the Finger Lakes 
Institute as well as information obtained from the Internet.
    According to these sources, the majority of commercial vessels 
operating in the proposed NDZ are chartered fishing boats. There are at 
least 18 charter services that operate primarily in Seneca Lake and 
Cayuga Lake, as well as 11 cruise companies. These companies own 
anywhere from one to three vessels. A conservative assumption of 40 
companies (18 charter companies + 11 cruise companies + 11 unlisted 
business) with 3 vessels each yields a total of 120 commercial vessels 
that operate in the proposed NDZ. As an additional conservative 
assumption, all 120 commercial vessels are assumed to have MSDs. 
Therefore, there are approximately 4,090 vessels with MSDs operating in 
the proposed NDZ.

Available Pumpout Facilities

    In further support of its petition, New York provided information 
on the number of pumpout facilities available to the recreational and 
commercial vessels in the proposed NDZ. The federal Clean Vessel Act of 
1992 made grants available to states for construction, replacement and 
renovation of recreational vessel pumpouts. New York applied for the 
first federal grant in 1994 and initiated a statewide program known as 
the Clean Vessel Assistance Program (CVAP), managed and administered by 
New York State Environmental Facilities Corporation (EFC) that has 
helped establish and support 17 pumpout facilities serving Seneca Lake 
and Cayuga Lake, of which two are pumpout boats and 15 are dockside 
pumpouts. EPA independently updated and verified these pumpout 
information and concluded that two pumpout boats are out of operation 
and only 14 dockside pumpouts are operational. An additional 3 pumpout 
facilities are available to the public but are not funded through CVAP. 
All these current 17 pumpout (14 CVAP + 3 non-CVAP pumpouts = 17 
pumpouts) facilities either discharge to a holding tank, to a municipal 
wastewater treatment plant or to an on-site septic system.
    While some commercial shipping vessels are so large as to require 
special docking accommodations or mobile pumpouts to access pumpout 
services, the commercial vessels that operate in the proposed NDZ are 
all small enough to use the same pumpouts that the recreational vessels 
use. Therefore, the total number of pumpout facilities available for 
use by the vessels that operate in the proposed NDZ is 17. A list of 
pumpout facilities, phone numbers, locations, hours of operation, water 
depth and fees is provided below:

                                               Pumpout Facilities
----------------------------------------------------------------------------------------------------------------
                                     Location Lat./        Contact      *Days and hours   Water depth
      #               Name                Long.          information     of  operation       (feet)       Fee
----------------------------------------------------------------------------------------------------------------
1............  Cayuga-Seneca--     Seneca Lake State     315-789-2331  April 1-September            6      $2.00
                Lock CS1-4.         Park, 42.870575/-                   30, 24 hours.
                                    76.939667.
2............  Cayuga Lake.......  Allan H Treman.       607-273-3440  May 1-October 15,            7       2.00
                                    State Marine                        24 hours.
                                    Park, 42.458467/-
                                    76.513033.
3............  Cayuga Lake.......  Frontenac Harbor,     315-889-5532  April 1-October              4       5.00
                                    42.839778/-                         15, 9:00 a.m.-
                                    76.695769.                          4:30 p.m..
4............  Seneca Lake.......  Barret Marine,        315-789-9513  Year round, 8:00             5       0.00
                                    Inc.--Stationary,                   a.m.-7:00 p.m..
                                    42.874176/-
                                    76.935906.
5............  Seneca Lake.......  Village Marina,       607-535-7910  June -October,               5       5.00
                                    42.384630/-                         11:00 a.m.-6:00
                                    76.87871697.                        p.m..
6............  Seneca Lake.......  Stivers (GPJ)         315-789-5520  May 1--Labor Day,            6       5.00
                                    Seneca Marine,                      8:00 a.m.-8:00
                                    Inc., 42.868925/-                   p.m..
                                    76.939064.
7............  Cayuga Lake.......  Johnson Boat Yard     607-272-5191  April 1-November             6       0.00
                                    (dba)--Pierce                       1, 9:00 a.m.-
                                    Cleveland, Inc.,                    5:00 p.m..
                                    42.452369/-
                                    76.510231.
8............  Seneca Lake.......  Montour Falls-V       607-210-4124  May 2-October 15,          4.5       5.00
                                    Municipal Marina,                   7:00 a.m.-7:00
                                    42.354167/-                         p.m..
                                    76.853333.
9............  Cayuga Seneca--     Oak Island Marine     315-539-9131  April 1-October              8       0.00
                Lock CS1-4.         Facility,                           1, 24 hours.
                                    42.900983/-
                                    76.866894.
10...........  Cayuga Lake.......  Hibiscus Harbor,      315-889-5086  April 1-November            12       5.00
                                    42.856781/-                         1, 24 hours.
                                    76.706081.

[[Page 21242]]

 
11...........  Seneca Lake.......  Frog Hollow           607-535-2671  April 15-November            5       5.00
                                    Marina, 42.370636/                  15, 9:00 a.m.-
                                    -76.859106.                         5:00 p.m..
12...........  Seneca Lake.......  Seneca Falls-V,       315-568-2316  May 1-November 1,           20       2.00
                                    42.909675/-                         24 hours.
                                    76.795868.
13...........  Cayuga-Seneca--     Waterloo Harbor,      315-539-8848  May 1-September             10       5.00
                Lock CS1-4.         42.540172/-                         30, 24 hours.
                                    76.524237.
14...........  Seneca Lake.......  Glen Harbor           607-535-2751  April 15-October             6       0.00
                                    Marina, 42.383099/                  15, 10:00 a.m.-
                                    -76.861575.                         5:00 p.m..
15...........  Cayuga Lake.......  Eagles Landing        315-834-6829  April 15-October       Unknown       0.00
                                    Marina, 42.072211/                  15.
                                    -76.548915.
16...........  Cayuga Lake.......  Taughannock Falls     607-387-6739  March 1-October              6       0.00
                                    State Park,                         15.
                                    42.547636/-
                                    76.595714.
17...........  Seneca Lake.......  Sampson State Park    315-585-6392  April 15-October       Unknown       0.00
                                    Marina, 42.4247/-                   20.
                                    76.9119.
----------------------------------------------------------------------------------------------------------------
* Please note that the actual days of operation depend on the weather.


  Ratio of Pumpouts Facilities to Vessels Operating in the Proposed NDZ
------------------------------------------------------------------------
                                                      Total      Boat:
             Total boat registrations                pumpout    pumpout
                                                   facilities    ratio
------------------------------------------------------------------------
4,090............................................          17      241:1
------------------------------------------------------------------------

    Based on a total vessel population of 4,090 and 17 currently 
available pumpout facilities, the ratio of boats to pumpouts is 241:1, 
which means there are significantly more pumpouts than the recommended 
range of 300-600:1. Also, the pumpouts are evenly distributed between 
the lakes (7 in Cayuga Lake and 10 in Seneca Lake). Therefore, EPA 
proposes to issue a determination that adequate pumpout facilities for 
the safe and sanitary removal and treatment of sewage for all vessels 
are reasonably available for the waters of Seneca Lake, Cayuga Lake and 
the Seneca River.
    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 
determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are reasonably 
available for the waters of Seneca Lake, Cayuga Lake and the Seneca 
River, the State may completely prohibit the discharge from all vessels 
of any sewage, whether treated or not, into such waters.

Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2015-08807 Filed 4-16-15; 8:45 am]
 BILLING CODE 6560-50-P