[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Notices]
[Pages 63941-63945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17329]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-12144-01-R4]


Florida--Indian River-Vero Beach to Fort Pierce Aquatic Preserve 
Vessel Sewage No-Discharge Zone; Tentative Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative affirmative determination.

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SUMMARY: Pursuant to the Clean Water Act, the State of Florida has 
determined that the protection and enhancement of the quality of the 
waters within the Indian River-Vero Beach to Fort Pierce Aquatic 
Preserve (``the Preserve'') requires greater environmental protection. 
As such, Florida has submitted an application to the U.S. Environmental 
Protection Agency (EPA), Region 4, for a determination that adequate 
facilities for the safe and sanitary removal and treatment of sewage 
from all vessels are reasonably available, so that the State may 
completely prohibit the discharge from all vessels of any sewage, 
whether treated or not, into such waters. The proposed no-discharge 
zone encompasses the 9,500 acres of the Preserve located in the Indian 
River and St. Lucie counties. The Preserve extends 12 miles from the 
southern Vero Beach corporate limit south to the north U.S. Highway A1A 
bridge in Fort Pierce. Through this notice, EPA is soliciting public 
comment on the Agency's tentative 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 the proposed no-discharge zone.

DATES: Comments must be received on or before September 5, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2024-0379, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from www.regulations.gov. EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jennifer Dimaio, Ocean, Wetlands, and 
Streams Protection Branch, Water Division, U.S. Environmental 
Protection

[[Page 63942]]

Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960; 
telephone number: (404) 562-9268; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Notice is hereby given that the State of Florida submitted an 
application on July 3, 2024, to the U.S. Environmental Protection 
Agency, Region 4, for a determination under Clean Water Act section 
312(f)(3) that adequate facilities for the safe and sanitary removal 
and treatment of sewage from all vessels are reasonably available for 
the Preserve.
    EPA's role under Clean Water Act section 312(f)(3) is to review 
State applications to determine whether adequate pumpout and treatment 
facilities are reasonably available. Applications submitted pursuant to 
section 312(f)(3), in accordance with 40 CFR 140.4, must include: (1) a 
certification that the protection and enhancement of the waters 
described in the petition require greater environmental protection than 
the applicable Federal standard; (2) a map showing the location of 
commercial and recreational pumpout facilities; (3) a description of 
the location of pumpout facilities within waters designated for no 
discharge; (4) the general schedule of operating hours of the pumpout 
facilities; (5) the draught requirements on vessels that may be 
excluded because of insufficient water depth adjacent to the facility; 
(6) information indicating that treatment of wastes from such pumpout 
facilities is in conformance with Federal law; and (7) information on 
vessel population and vessel usage of the subject waters. A copy of 
Florida's application, as well as a memorandum summarizing 
conversations between EPA and the State, are available in the docket.
    After consideration of all comments received, if 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 Preserve, the State of Florida may completely 
prohibit the discharge from all vessels of any sewage, whether treated 
or not, into those waters through the designation of a no-discharge 
zone. Vessels with installed toilets are required to operate U.S. Coast 
Guard-approved marine sanitation devices (MSDs). MSDs are either flow-
through systems--Type I or Type II MSDs--that treat sewage before 
discharging to surrounding waters or holding tanks--Type III MSDs--that 
retain sewage onboard. Upon designation of a vessel sewage no-discharge 
zone, vessels with flow-through systems that operate within the zone's 
boundaries would need to retrofit to holding tanks to prevent any 
overboard discharge. These vessels would then require access to pumpout 
facilities to empty their holding tanks. Alternatively, U.S. Coast 
Guard regulations at 33 CFR 159.7(b) specify four methods of securing a 
flow-through MSD to demonstrate compliance with a no-discharge zone. 
These methods include: (1) closing the seacock and removing the handle; 
(2) padlocking the seacock in the closed position; (3) using a non-
releasable wire-tie to hold the seacock in the closed position; or (4) 
locking the door to the space enclosing the toilets with a padlock or 
door handle key lock. EPA must determine whether adequate facilities 
are reasonably available to those vessels that would require pump outs 
to support the designation of a no-discharge zone.

II. Application Information and Determination

A. Proposed Waters and Certification of Need

    As described in its application, the State of Florida has 
determined that the protection and enhancement of the quality of the 
waters within the Preserve requires greater environmental protection 
than is afforded by the applicable Federal standard. The proposed no-
discharge zone encompasses the entirety of the Preserve, as delineated 
in Chapter 258.39, Florida Statutes (F.S.), as described in the 
Official Records of Indian River County in Book 368, pages 9-12, and in 
the Official Records of Saint Lucie County in Book 187, pages 1083-
1086. The proposed no-discharge zone includes a segment of the Atlantic 
Intracoastal Waterway between approximately mile 953.5 (North 27 
degrees 37.6153 minutes, West 80 degrees 22.1865 minutes) and mile 
964.8 (North 27 degrees 28.3272 minutes, West 80 degrees 19.4741 
minutes). The 9,500-acre Preserve extends 12 miles from the southern 
Vero Beach corporate limit to the north U.S. Highway A1A bridge in Fort 
Pierce and includes Big Starvation Cove, Wildcat Cove, and Fort Pierce 
Cut.
    The Florida Department of Environmental Protection's Office of 
Resilience and Coastal Protection administers the Preserve as part of a 
network that protects the State's most popular and ecologically 
important waters. The Preserve lies within the Indian River Lagoon, one 
of the most biologically diverse estuaries in North America and is also 
designated as an Estuary of National Significance and an Outstanding 
Florida Water (Chapter 62-302, Florida Administrative Code (F.A.C.)). 
As referenced in the State of Florida's application, the East Coast 
Florida Regional Planning Council and Treasure Coast Regional Planning 
Council estimated the total annual value of the lagoon to be $7.6 
billion in 2014.
    The waters in parts of the Preserve do not meet all applicable 
water quality standards and have been identified by the State of 
Florida as impaired by nutrients and fecal coliforms. A nutrient Total 
Maximum Daily Load for the Preserve was adopted by the State of Florida 
in March 2009 and is included in the State's 2021 Central Indian River 
Lagoon Basin Management Action Plan.
    In 2021, the Florida Legislature passed Senate Bill 1086 creating 
Chapter 327.521, F.S., designating, upon approval from EPA, all waters 
within the boundaries of aquatic preserves identified in Chapter 
258.39, F.S., as no-discharge zones. The State of Florida's application 
and this notice pertain only to the Preserve.

B. Adequacy and Availability of Pumpout Facilities

    EPA's analysis of the reasonable availability of adequate 
facilities considers the number of recreational and commercial vessels 
that use the proposed waters on both a regular and transient basis. To 
estimate the number of vessels operating in the proposed waters, the 
State of Florida used registration data from the Florida Department of 
Highway Safety and Motor Vehicles and determined that there are 
approximately 26,000 vessels registered in the Indian River and St. 
Lucie counties. There is high vessel usage both inside and outside of 
the Preserve without significant seasonal variation. About 25,000 of 
the vessels registered in the two counties are for recreational 
purposes. In consideration that the Preserve encompasses only 25 
percent of the water area in the two counties, the State of Florida 
estimates that 25 percent of the approximately 25,000 recreation 
vessels, or 6,209 recreational vessels, would operate within the 
proposed waters. To estimate how many of these 6,209 vessels have MSDs 
onboard, the State of Florida used the ``Recreational Vessel 
Worksheet'' from EPA's Guidance for Vessel Sewage No-Discharge Zone 
Applications (Clean Water Act Section 312(f)). The Worksheet provides 
default values for the percent of vessels, by length, that are expected 
to have an MSD onboard. Based on these calculations, about 1,534 
recreational vessels are likely to require

[[Page 63943]]

pumpout services if a no-discharge zone is designated.
    The State of Florida also estimates that there are 823 commercial 
vessels operating in the Preserve, largely on a transient basis, in the 
fishing and boating industries (e.g., construction, charter boats, and 
towing). Most of these vessels (637) are under 26 feet in length, and 
the State of Florida does not expect these smaller vessels to be 
equipped with an installed toilet. By extension, these vessels would 
not have MSDs onboard and would not require pumpout services if a no-
discharge zone is designated. The basis for this assumption is that 
Florida law only requires those vessels 26 feet or more in length that 
have an enclosed cabin with berthing facilities to be equipped with a 
toilet (either portable or permanently installed). The State of Florida 
also provided information regarding a 48-slip marina that supports 
commercial fishing vessels 40 to 60 feet in length, noting that it is 
the only marina in the vicinity of the Preserve for commercial vessels 
over 40 feet. The marina and fishing fleet owner indicated to the State 
of Florida that these vessels are engaged in offshore day trips, 
traveling briefly through the southern border of the Preserve before 
departing into the Atlantic Ocean. The owner also explained that the 
vessels either do not have MSDs or, if a vessel is equipped with a 
toilet, the crew will lock the toilet (consistent with U.S. Coast Guard 
regulations at 33 CFR 159.7(b)) so that it cannot be used until 
offshore. Based on the foregoing information--that neither vessels 
under 26 feet in length (637) nor vessels over 40 feet in length (40) 
are expected to require pumpout services--there are 146 commercial 
vessels between 26 and 40 feet in length that may be affected by a no-
discharge zone designation.
    The State of Florida acknowledges that some vessels may be excluded 
from accessing available pumpout facilities due to draft limitations, 
since the authorized depth of the nearby Intracoastal Waterway is 12 
feet. The State of Florida explained that any ``draft excluded'' vessel 
would not be originating in the Preserve and reasoned that these 
transient vessels with flow-through MSDs could refrain from discharging 
during the period of time (i.e., 30 minutes to one hour) it would take 
to traverse the no-discharge zone. As such, the State of Florida does 
not expect any vessels to be excluded from operating within the 
Preserve despite draft limitations associated with the identified 
pumpout facilities.
    In support of its application, the State of Florida provided 
information on the available pumpout facilities that can service the 
vessels that operate within the Preserve. Eight marinas with stationary 
pumpout facilities are located within approximately two miles of the 
Preserve. One of the eight pumpout facilities is a private, members-
only facility, and the remaining seven are publicly accessible. The 
seven publicly accessible pumpout facilities dispose of collected 
sewage directly to a wastewater treatment plant (i.e., either the Fort 
Pierce Utilities Authority or the City of Vero Beach Wastewater 
Treatment Plant). The private pumpout facility contracts with a 
licensed septage hauler.
    The State of Florida also provided information on two mobile 
service providers that operate pumpout trucks that can service vessels 
operating in and around the Preserve. In addition to reviewing the 
information provided in the State of Florida's application, EPA 
contacted the two providers to request additional information regarding 
their operations and availability to vessel operators in the Preserve. 
The first provider, Marine and RV Pumping ToGo, services Miami to Fort 
Pierce and operates nine trucks with capacities between 900 and 1,500 
gallons. The provider charges a base fee of 200 dollars for a pumpout, 
increasing from there based on gallons pumped and distance traveled. 
The second provider, Coastal Tank, is based out of Fort Lauderdale but 
offers services between Key West and the Florida-Georgia border on the 
Atlantic Coast. Coastal Tank operates three trucks with a capacity of 
4,000 gallons and typically charges between 650 and 1,300 dollars for a 
pumpout depending on factors, such as distance traveled. The second 
provider typically services the superyacht industry and focuses on oil 
and tank cleanings, but also provides sewage pump out services. A 
memorandum is available in the docket which summarizes EPA's 
conversations with the two providers and includes additional details 
regarding their services.
    To determine whether sewage pumpout capacity for recreational 
vessels is sufficient to meet demand during periods of peak usage in 
the Preserve, EPA compared the number of vessels needing pumpout 
service during peak usage with the number of vessels supported by 
existing pumpout facilities within the proposed no-discharge zone. In 
its application, the State of Florida provided a completed copy of the 
``Recreational Vessel Worksheet'' discussed earlier in this notice. 
Based on the total number of vessels operating during peak usage (e.g., 
a holiday weekend), the number of vessels serviced per hour by each 
facility, and the hours of operation for each facility, the Worksheet 
generates a recommended number of pumpout facilities to provide a 
reliable level of service for the recreational vessel population within 
a proposed no-discharge zone. Of the 1,534 recreational vessels 
expected to have MSDs onboard, the Worksheet assumes that 40 percent of 
those vessels would be operating during peak usage, such as a holiday 
weekend. In this case, 614 recreational vessels are expected to require 
access to pumpout facilities during peak usage, but up to 778 
recreational vessels can be served by existing pumpout facilities (see 
Section 3.1 of the State of Florida's application, available in the 
docket, for the completed worksheet). As such, EPA expects that 
adequate pumpout facilities are available to handle expected demand 
during periods of peak recreational boating. Additionally, the ongoing 
cost for recreational vessels to access these facilities is minimal, 
with most of the facilities charging only five dollar per use. 
Information regarding each pumpout facility, including location, 
operating hours, and fees, can be found in Table 1.
    Because commercial vessels incur additional types of costs 
associated with accessing pumpout facilities that recreational vessels 
do not, EPA evaluated the adequacy and reasonable availability of 
facilities for commercial vessels using the ``No-Discharge Zone Cost 
Analysis Tool'' from EPA's Guidance for Vessel Sewage No-Discharge Zone 
Applications (Clean Water Act Section 312(f)). The Tool, which relies 
on a mix of default values and information provided in the State of 
Florida's application, conducts a screening analysis to calculate how 
frequently the demand for pumpout facilities (i.e., the volume of 
sewage produced by commercial vessels) is projected to exceed 
commercial vessel pumpout facility capacity (i.e., the volume of sewage 
that can be pumped out) across a typical year. Then, the cost analysis 
portion of the Tool generates an estimate of the percent increase in 
baseline operating costs that commercial vessels may incur as a result 
of using pumpout facilities if the no-discharge zone is established. 
While the State of Florida's application reiterates that not all 
registered commercial vessels would be operating in the proposed no-
discharge zone because it only covers 25 percent of the water area of 
the two counties, EPA conservatively assumed that all 146 commercial 
vessels between

[[Page 63944]]

26 and 40 feet in length would require pumpout services when populating 
the Tool. EPA also assumed that one-third of these 146 vessels were 
working vessels (e.g., tugboats) and two-thirds were fishing vessels. 
Regarding available pumpout facilities, EPA included the seven publicly 
accessible facilities but conservatively did not include the private 
facility since it is unclear how many vessels can be serviced there. 
The two mobile service providers were also not included in the Tool 
because vessels are largely expected to access the stationary 
facilities due to convenience and cost.
    EPA's screening analysis showed that demand for pumpout services is 
never expected to exceed capacity in the Preserve, indicating that 
sufficient pumpout capacity is available for commercial vessels. In 
fact, capacity greatly exceeds demand, and EPA expects that this 
capacity surplus would be sufficient even if both recreational and 
commercial vessels were accessing the facilities during peak usage. EPA 
also considered the various costs incurred by commercial vessels 
associated with accessing facilities, including pumpout fees and lost 
revenue due to the time spent pumping out. The Tool showed that the 
tugboat category, used as a catch all for the working boats in the 
area, would incur a 0.8 percent increase in baseline operating costs, 
while commercial fishing vessels would incur a 6.3 percent increase. 
Almost all of this increase is attributable to lost revenue due to the 
time it takes to pump out sewage from a vessel; however, these costs 
would only be incurred when the vessel operator is forgoing work in 
favor of pumping out sewage. In other words, if the vessel can pump out 
sewage in between fishing trips, then revenue is not being lost. The 
true percent increase, therefore, is likely much lower on the basis 
that vessel operators should be able to time their pumpout activities 
to minimize cost impacts and, more generally, EPA used conservative 
values in populating the Tool. As discussed, most of these vessels are 
believed to be transient and not likely to be impacted in any 
meaningful way by the designation of a no-discharge zone. As such, EPA 
determined that facilities are reasonably available to these vessels. A 
copy of the completed Tool that includes the calculations and 
underlying assumptions is available in the docket.
    The wastewater treatment plants that receive sewage from the 
stationary pumpout facilities are the Fort Pierce Utilities Authority 
(FPUA) Wastewater Treatment Plant (WWTP) and the City of Vero Beach 
WWTP. The FPUA WWTP has a permitted capacity of 10 million gallons per 
day annual average daily flow (MGD AADF). The FPUA is in the process of 
relocating the WWTP five miles inland from its current location and has 
a projected fully operational date in late 2027. The relocated WWTP 
will be rated at 8 MGD AADF with a peak flow of 24 MGD and can be 
increased to 30 MGD to accommodate future growth. The City of Vero 
Beach WWTP has a permitted capacity of 4.5 MGD AADF. The State of 
Florida anticipates that the City of Vero Beach will replace and 
relocate this WWTP in early 2027 with a WWTP to be located further 
inland with a capacity of 5 MGD AADF. The State of Florida indicated 
that capacity analysis projections demonstrate that the City of Vero 
Beach WWTP's current design capacity would not be exceeded within a 
ten-year timeframe. Despite some deficiencies regarding reporting, 
exceedances, and unresolved discharges over the last few years, the 
State of Florida indicated that both WWTPs are in compliance with 
effluent limits. Additionally, based on best available information, the 
State of Florida explained that the capacity loads of these WWTPs would 
not be meaningfully impacted by the likely increase in the volume of 
sewage treated by the WWTPs that may result from establishment of a no-
discharge zone. In support of its application, the State of Florida 
provided capacity reports for the two WWTPs. These reports are 
available in the docket.

C. Determination

    In summary, EPA finds that adequate facilities for the safe and 
sanitary removal of sewage are reasonably available to recreational and 
commercial vessels within the Preserve. This analysis included an 
assessment of whether existing pumpout facilities could meet the 
expected demand during periods of peak usage, as well as a 
consideration of the costs associated with accessing and using those 
facilities. EPA finds that both recreational and commercial vessels 
would incur minimal costs to access pumpout facilities. Finally, EPA 
finds that sewage is handled in conformance with Federal law by the 
pumpout facilities and the associated wastewater treatment plants.
    Based on the information above, EPA Region 4 hereby makes a 
tentative 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 Preserve in the State of Florida. EPA 
is seeking public comment on the contents of Florida's application and 
EPA's tentative affirmative determination.

                                                           Table 1--List of Pumpout Facilities
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                                                                                                      Water depth
              Name                        Location          Contact information   Operating schedule     (feet)         Fee ($)        Type of facility
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Causeway Cove Marina............  601 Seaway Dr., Fort      (772) 242-3552.....  9 a.m.-5 p.m.......          5.6               5.00  Stationary.
                                   Pierce, FL 34949.
Fort Pierce City Marina.........  1 Ave. A, Fort Pierce,    (772) 464-1245.....  6:30 a.m.-5:30 p.m.          7.6               5.00  Stationary.
                                   FL 34950.
Harbour Isle....................  801 Seaway Dr., Fort      (772) 461-9049.....  9:30 a.m.-1:30 p.m.          9.0               5.00  Stationary.
                                   Pierce, FL 34949.                              (Mon-Fri) 10 a.m.-
                                                                                  1 p.m. (Sat-Sun).
Pelican Yacht Club..............  1120 Seaway Dr., Fort     (772) 464-2700.....  11:30 a.m.-9 p.m.            6.0               5.00  Stationary.
                                   Pierce, FL 34949.                              (Wed-Sat) 8 a.m.-6
                                                                                  p.m. (Sun).
Quail Valley River Club.........  2345 Hwy. A1A, Vero       (772) 492-2020.....  9:30 a.m.-4 p.m....          8.0               5.00  Stationary.
                                   Beach, FL 32963.
Riverside Boatyard & Marina.....  2350 Old Dixie Hwy.,      (772) 464-5720.....  8 a.m.-7 p.m. (Mon-          6.0            Private  Stationary.
                                   Fort Pierce, FL 34946.                         Sat).
Safe Harbor Harbortown..........  1936 Harbortown Dr.,      (772) 466-7300.....  7 a.m.-5 p.m.......          6.5              15.00  Stationary.
                                   Fort Pierce, FL 34946.
Vero Beach Municipal Marina.....  3611 Rio Vista Blvd.,     (772) 978-4960.....  8 a.m.-5 p.m.......          8.0               5.00  Stationary.
                                   Vero Beach, FL 32963.

[[Page 63945]]

 
Coastal Tank....................  Service area from Miami   (954) 562-8656.....  7 a.m.-5 p.m.;               N/A  See Section II.B.  Mobile (3 trucks).
                                   to Fort Pierce.                                advanced                               for details
                                                                                  scheduling for off
                                                                                  hours and
                                                                                  emergency services
                                                                                  available.
Marine and RV Pumping ToGo......  Service area from Key     (954) 740-7506.....  7 a.m.-7 p.m. (Mon-          N/A  See Section II.B.  Mobile (9 trucks).
                                   West to Florida/Georgia                        Sat); advanced                         for details
                                   border.                                        scheduling for off
                                                                                  days/hours and
                                                                                  emergency services
                                                                                  available.
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    Dated: August 1, 2024.
Jeaneanne M. Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-17329 Filed 8-5-24; 8:45 am]
BILLING CODE 6560-50-P