[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Notices]
[Pages 11218-11221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03353]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9959-09-Region 10]


Washington State Department of Ecology Prohibition of Discharges 
of Vessel Sewage; Final Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination.

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SUMMARY: The Regional Administrator of the Environmental Protection 
Agency, Region 10, has determined that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for all marine waters of Washington State inward 
from the line between New Dungeness Lighthouse and the Discovery Island 
Lighthouse to the Canadian border, and fresh waters of Lake Washington, 
Lake Union, and connecting waters between and to Puget Sound. This 
notice constitutes EPA's final determination on the petition submitted 
by the Washington State Department of Ecology on July 21, 2016, 
pursuant to Section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 
for a determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are reasonably 
available for the waters of Puget Sound. This determination does not 
itself constitute the designation of a no-discharge zone, rather, the 
State of Washington may now in its discretion

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finalize its proposed designation in accordance with state law and take 
the steps it deems appropriate to implement and enforce the discharge 
prohibition.

EPA Response to Public Comments on the November 7, 2016 Preliminary 
Affirmative Determination

    On November 7, 2016, EPA published notice of its preliminary 
affirmative determination that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the waters subject to Washington's proposed 
no-discharge zone [FR Number 2016-26877; 81 FR 78141, November 7, 2016] 
with a 30-day public comment period. At the request of stakeholders, 
EPA extended the 30-day public comment period from December 7, 2016 to 
December 23, 2016.
    EPA received a total of 40,462 comments via letter, email, online 
using the Federal eRulemaking Portal, and in person. All forms of input 
were considered equally. Of the comments received, 328 were individual 
letters and 40,134 were form letters, mass mailers and/or petitions, a 
few with minor additions. Of the individual letters, approximately two-
thirds supported and one-third opposed EPA's preliminary affirmative 
determination. Two mass mailers totaling 72 signatures opposed EPA's 
tentative affirmative determination and 40,062 supported it. Comments 
were submitted by individuals, environmental organizations, vessel 
associations, boating and yacht clubs, industry representatives, port 
authorities, county, federal, local and tribal governmental entities, 
and other interested groups.
    In addition to comments expressing support or opposition to a Puget 
Sound no-discharge zone, many commenters specifically addressed the 
adequacy and availability of pumpout facilities, while others focused 
on broader issues beyond the scope of EPA's review and determination. 
All of the relevant comments received have been considered. EPA has 
prepared a response to comments that supports this determination. The 
response to comments document can be found at this Web site: https://www.epa.gov/puget-sound/epas-final-determination-no-discharge-zone-puget-sound.

FOR FURTHER INFORMATION, CONTACT: Catherine Gockel, U.S. EPA Region 10, 
Office of Water and Watersheds, 1200 Sixth Ave., Seattle, Washington 
98101; telephone number (206) 553-0325; fax number (206) 553-1280; 
email address [email protected].

SUPPLEMENTARY INFORMATION: The Department of Ecology has petitioned the 
United States Environmental Protection Agency (EPA), Region 10, 
pursuant to section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 
for a determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are reasonably 
available for the waters of Puget Sound. As described in the State's 
petition, submitted to EPA on July 21, 2016, the Washington State 
Department of Ecology has determined that the protection and 
enhancement of the quality of the waters of Puget Sound requires 
greater environmental protection, and petitioned the United States 
Environmental Protection Agency, Region 10, 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.
    According to the Ecology's petition, the western boundary of the 
NDZ would be the exit of the Strait of Juan de Fuca near the entrance 
of Admiralty Inlet. This boundary is known and visible to vessel 
operators as it is the line between New Dungeness Lighthouse and 
Discovery Island Lighthouse. The northern boundary would be the border 
with Canada and heading south including all marine waters down to the 
south end of the south Sound and Hood Canal. The fresh waters of Lake 
Washington, Union Bay, Montlake Cut, Portage Bay, Lake Union, Fremont 
Cut, the Lake Washington Ship Canal, and Salmon Bay (the connecting 
waters from Lake Washington to Puget Sound) would be included. For more 
information regarding the State's planned no-discharge zone, please go 
to: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/nodischargezone.html.

Washington State Department of Ecology's Certificate of Need

    The Washington State Department of Ecology developed its petition 
in order to establish a vessel sewage no-discharge zone for all marine 
waters of Washington State inward from the line between New Dungeness 
Lighthouse and the Discovery Island Lighthouse to the Canadian border, 
and fresh waters of Lake Washington, Lake Union, and connecting waters 
between and to Puget Sound, and has submitted a certificate that the 
protection and enhancement of the waters described in the petition 
require greater environmental protection than the applicable Federal 
standard.

Adequacy and Availability of Sewage Pumpout Facilities

    EPA's determination is based on the information provided in 
Ecology's July 21, 2016 petition as well as supplemental information 
that Ecology submitted to EPA on October 14, 2016, regarding commercial 
vessel pumpout availability in Puget Sound. In reaching this final 
determination, EPA has conducted additional outreach to verify and 
confirm the information provided in Ecology's submittals and follow up 
on comments received. The information obtained further supports EPA's 
determination that adequate pumpout out facilities for the safe and 
sanitary removal of sewage are reasonably available for both commercial 
and recreational vessels. Additional detail is provided below and in 
EPA's response to comments document.
    Guidelines issued pursuant to the Clean Vessel Act for recreational 
vessels recommend one pumpout station for every 300-600 boats [Clean 
Vessel Act: Pumpout Station and Dump Station Technical Guidelines, 
Federal Register, Vol. 59, No. 47, March 10, 1994]. In its petition, 
the State described the recreational vessel population in Puget Sound 
as well as the stationary pumpout facilities and mobile pumpout 
services that are available for use.
    The State used two methods to develop a reasonable estimate of the 
recreational vessel population in Puget Sound. The first method was 
based on boater registration records obtained from the Washington State 
Department of Licensing (DOL). Using data from the DOL, the maximum 
estimated number of recreational vessels in each of the Washington 
State counties bordering Puget Sound that might require access to 
pumpout facilities or services under NDZ regulations (i.e., boats 
larger than 21 feet) is 43,677. Vessels under 21 feet were not included 
in the estimate because they typically do not have an installed toilet. 
Because boater registration data may include a number of small, locally 
registered, commercial vessels such as fishing boats or tug boats, the 
total may be an overestimate.
    The second method was based on the number of moorages and slips 
available to boaters, using Google Earth imagery captured during the 
summers of 2011 and 2012 to count vacant and occupied marina slips and 
moored vessels. Using this method, the State estimates a recreational 
vessel population of 23,555. The State believes that this also may be 
an overestimate, albeit less of an overestimate than the number

[[Page 11220]]

calculated using the DOL boater registration data.
    The State's petition also provided information about 173 pumpout 
units at 102 locations, and 21 mobile pumpout boats available for 
recreational vessels in Puget Sound. EPA's review of Ecology's petition 
and the comments received has confirmed that the total number, location 
and availability of these pumpout facilities and services track the 
overall distribution of the recreational vessel population. The ongoing 
costs for recreational vessels to pumpout is minimal, with most 
pumpouts being free or $5 per pumpout. The majority of pumped sewage is 
sent to wastewater treatment plants; however, some is sent to onsite 
septic tanks that meet federal requirements.
    The most conservative estimate of the ratio of pumpout facilities 
to recreational vessels is 1:171 boats for each pumpout facility, not 
including the mobile services. Based on DOL vessel registration data, 
there is a maximum of 43,677 recreation vessels in Puget Sound that 
could require access to pumpout facilities. As noted above, this is the 
State's most conservative (high) estimate. Using a 40 percent peak 
occupancy rate recommended by the Clean Vessel Act Technical Guidelines 
cited above, EPA has calculated that 17,471 of the 43,677 boats 
recreational vessels would require access to a pumpout facility during 
peak boating season. The State identified 102 recreational pumpout 
locations, which results in a ratio of 171 recreational vessels for 
each pumpout location, not including the mobile services. Applying the 
same 40% occupancy rate to the lower recreational vessel estimate of 
23,555 obtained from the moorage count results in a ratio of 92 
recreational vessels for each pumpout location, not including the 
mobile services.
    Accordingly, even using the more conservative vessel count, the 
resulting ratio well exceeds the recommended minimum ratio of 1:600. In 
addition, EPA has confirmed that numerous mobile pumpout trucks and 
vessels are available to provide service for recreational vessels 
throughout Puget Sound. As set forth in Table 8 of Ecology's supplement 
information, there are 194 mobile pumpout companies; of these, at least 
52 vacuum trucks and two mobile pumpout vessels are available for 
pumping out larger recreational vessels. Mobile pumpout services are 
available seven days a week, with extended hours during the busy summer 
months. These mobile services provide additional pumpout options to 
address concerns raised regarding location or access issues. Additional 
information is provided in EPA's response to comments document.
    Based on this information, EPA determines that adequate pumpout 
facilities for the safe and sanitary removal and treatment of sewage 
for recreational vessels are reasonably available for the waters of 
Puget Sound.
    Puget Sound is also used by many different sizes and types of 
commercial vessels. The State used a study conducted by the Puget Sound 
Maritime Air Forum (Starcrest, 2007) to develop a reasonable estimate 
of commercial vessel use of Puget Sound. The study concluded that there 
were 2,937 entries of large oceangoing vessels into Puget Sound in 
2005, and an estimated 678 other commercial vessels that operate mostly 
within Puget Sound (e.g., escort tugs) or have Puget Sound as their 
home port (e.g., the fleet of fishing vessels that travels to Alaska 
each year). According to the State, current commercial vessel 
statistics are estimated to be similar to the data from 2005. Based on 
information provided by a commenter, updated information in 2013 may 
raise this number to 709. As discussed below, this difference of 31 
vessels does not make a measurable difference in terms of EPA's 
conclusions regarding the ratio of commercial vessels to available 
pumpout facilities.
    The large, oceangoing transient commercial vessels that are only in 
Puget Sound for a short period of time (e.g., large cruise ships, 
freighters and tankers) have large enough holding tanks to hold their 
waste during the time they are in Puget Sound, with some exceptions. 
Although included in the initial overall vessel estimate, these vessels 
do not have a need to pumpout and were not included when assessing the 
adequacy of pumpout facilities. Washington State Ferries (WSDOT 
ferries) and U.S. military vessels have holding tanks and use large-
scale, dedicated pumpout facilities where they are moored. Smaller 
commercial vessels, such as ferries, tugboats, excursion vessels, and 
fishing vessels with installed toilets can use the stationary pumpouts, 
mobile pumpout service vessels, some of the recreational pumpouts, or 
shore-based pumper trucks, described in more detail below.
    The State identified eight stationary pumpouts dedicated to WSDOT 
ferries, three dedicated to U.S. Navy vessels, one dedicated to the 
Victoria Clipper vessels and one for the McNeil Island Department of 
Corrections vessels. The Port of Bellingham cruise terminal area also 
has three stationary pumpouts, one of which is used for Alaska Marine 
Highway vessels and two other pumpouts that can serve other commercial 
vessels. Although not included in this analysis, EPA notes that two 
more commercial pumpouts are being installed, one in Seattle for all 
commercial vessels and another at the Port of Bellingham mostly for 
fishing vessels. Estimated dates for completion are March and September 
2017, respectively.
    The State's supplemental information identified five companies that 
specialize in commercial marine work and that are capable of removing 
sewage from commercial vessel holding tanks. These five companies have 
a combined total of approximately 52 trucks (capacity ranging from 
2,200-7,000 gallons each) and two mobile barges (capacity of 3,000 
gallons each). These companies serve all of Puget Sound and can provide 
pumpout services at a variety of docks and ports for all types of 
commercial vessels, including tugs, fishing vessels, USCG vessels, 
smaller cruise ships, tankers, and other vessels. EPA contacted four of 
the commercial marine work companies identified in Ecology's 
supplemental information document and confirmed that the information 
provided was accurate.
    The State's petition and supplemental information also identified 
21-23 mobile pumpout vessels. These mobile pumpouts primarily service 
recreational boats, but several have serviced commercial vessels such 
as charter boats, fishing vessels, U.S. Coast Guard vessels, and 
passenger vessels. The mobile pumpout boats have a capacity between 40 
and 450 gallons and cover vast areas geographically as they are able to 
move to vessels, although some stay within their own marina or harbor 
area. In addition to the pumpouts described above, there are 
approximately 140 licensed or certified pumper truck companies in Puget 
Sound that primarily pump out septic tanks, but that can also pump out 
vessel sewage. The number of trucks in each company ranges from 1-13, 
and approximately half of these companies contacted by the State are 
currently, or are willing to, pump out commercial vessel sewage.
    The State indicates that the number of commercial vessels that are 
likely to be in regular need of pumpout facilities within a no-
discharge zone would include the non-ocean going vessels that include 
tugboats, commercial fishing vessels, small passenger vessels, NOAA 
research and survey vessels, WSDOT Ferries, military and other 
government vessels, excursion and other commercial vessels. Given that 
the WSDOT Ferries, military vessels, and Victoria Clipper vessels all 
have dedicated stationary pumpouts, they have been removed

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from the count and EPA has not included their 14 dedicated pumpout 
facilities in the analysis below. Using the starting number of 678 from 
the 2005 Starcrest survey, this leaves an approximate 600 vessels that 
would be in need of other pumpout facilities. Using the starting number 
of 709 from the 2013 Starcrest survey would leave 631 vessels in need 
of pumpout facilities.
    With the two stationary commercial pumpouts, at least 52 Sound-wide 
commercial pumper trucks, and the two Sound-wide mobile commercial 
pumpout barges described above, this amounts to at least 56 pumpouts 
available for commercial vessels which results in an approximate ratio 
of 11:1, using either the 600 or 631 vessel estimates cited above. In 
addition to this ratio, EPA has considered the fact that these mobile 
pumpouts provide service throughout Puget Sound, provide sufficient 
capacity for commercial vessels, and generally do not experience dock 
access issues. Moreover, these pumpout services can be scheduled by 
appointment to accommodate vessel needs and itineraries, and are 
sufficiently diversified such that they do not experience seasonal 
fluctuations. Given the widespread availability and flexibility of 
these services and the overall ratio of 11:1, EPA determines that 
adequate pumpout facilities for the safe and sanitary removal and 
treatment of sewage for commercial vessels are reasonably available for 
the waters of Puget Sound.
    EPA further notes that the estimated ratio may be conservative, 
given that a number of the mobile pumpout boats and pumper trucks 
described above may also provide commercial pumpout services.

Table of Facilities

    A list of pumpout facilities, phone numbers, locations, hours of 
operation, water depth, and fees is provided at this link to the 
Washington Department of Ecology Web site: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/VesselPumpoutTables.pdf.
    Based on the information above, 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 waters of Puget Sound.

    Dated: February 13, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-03353 Filed 2-17-17; 8:45 am]
 BILLING CODE 6560-50-P