[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Notices]
[Page 58345-58346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-84]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7572-1]
New York State Prohibition on Marine Discharges of Vessel Sewage;
Final Affirmative Determination
Notice is hereby given that EPA has made a final affirmative
determination regarding the petition received from the State of New
York on April 29, 1999 requesting a determination by the Regional
Administrator, Environmental Protection Agency (EPA), pursuant to
Section 312(f)(3) of Public Law 92-500, as amended by Public Law 95-217
and Public Law 100-4 (the Clean Water Act), that adequate facilities
for the safe and sanitary removal and treatment of sewage from all
vessels are reasonably available for the waters of the Hudson River and
its tributaries including, but not limited to, Rondout Creek, Esopus
Creek and Catskill Creek. This petition was made by the New York State
Department of State, in conjunction with the New York State Department
of Environmental Conservation. New York State certified in the petition
a need for greater protection and enhancement. The certification states
that the discharge of vessel waste often contain chemical additives
such as formaldehyde, phenols and chlorine. These wastes increase
loadings of nutrients, pathogens and chemical loading particularly in
shallow, poorly flushed waterbodies, and may adversely affect water
quality, sensitive and important resources, and uses of these waters.
The Hudson River provides habitat for fish and wildlife species.
Congress has designated the Hudson River as a National Heritage Area
under the purview of the National Park Service, and in 1998, the Hudson
River was designated an American Heritage River. Upon receipt of this
final affirmative determination, the State of New York will completely
prohibit the discharge of sewage, whether treated or not, from any
vessel, with the exception of commercial vessels that are greater than
225 feet in overall length or are greater than 20 feet in draft, on the
Hudson River in the area north of the Battery in Manhattan, New York
and south of Federal Dam in Troy, New York in accordance with Section
312(f)(3) of the Clean Water Act and 40 CFR 140.4(a). For vessels that
are greater than 225 feet in overall length or are greater than 20 feet
in draft, the prohibition will be applicable one year from the date of
publication in the Federal Register.
Previously, EPA established on December 13, 1995 two No Discharge
Areas (NDAs) to protect drinking water intake zones. Zone 1 is bounded
by the northern confluence of the Mohawk River on the south and Lock 2
on the north. It is approximately 8 miles long. Zone 2 is bounded on
the south by the Village of Roseton on the western shore and bounded on
the north by the southern end of Houghtaling Island. Zone 2 is
approximately 60 miles long.
The southern boundary of the proposed NDA in this application would
begin at the Battery in Manhattan, New York and the northern boundary
would be the Federal Dam in Troy, New York. This area includes waters
up to the New Jersey-New York boundary and does not include waters in
New Jersey. The area proposed by the State of New York is 153 miles
long and encompasses approximately 81,000 acres of tidal waters and
wetlands.
On October 24, 2000, EPA published a Receipt of Petition and
Tentative Determination and accepted comments from the public for a
thirty (30) day period. The comment period was extended until December
22, 2000 at the request of one of the commenters. EPA received letters
from the following individuals:
1. Harold Gorman, 2332 Fort Lyon Drive, Stanton, VA
2. Edward V. Weber, 60 Round Hill Road, Poughkeepsie, NY 12603-5125
3. Ned Sullivan, Executive Director, Scenic Hudson, Inc., 9 Vassar
Street, Poughkeepsie, NY 12601
4. Andrew J. Spano, County Executive, Westchester County, Michaelian
Office Building, White Plains, NY 10601
5. Manna Jo Greene, Environmental Director, Clearwater, Inc., 112
Little Market Street, Poughkeepsie, NY 12601
6. Joseph P. Gehegan, Jr., Vice President, Spentonbush/Red Star
Companies, P.O. Box 392, Brooklyn, NY 11231
7. Joseph Tesoriero, Safety Director, McAllister Towing and
Transportation Company, Inc., 17 Battery Place, New York, NY 10004-1260
8. Kenneth L. Peterson, Jr., Port Captain, Reinauer Transportation
Companies, 1983 Richmond Terrace, Staten Island, NY 10302
9. Robert J. Hughes, Jr., Hughes Marine Firms, Raritan Plaza I, Raritan
Center, Edison, NJ 08837
10. John C. Tobin, New York State Waterways Association, Inc., 174
Washington Avenue, Albany, NY 12210
11. Kevin A. Nugent, Vice President, Bouchard Transportation Co., Inc.,
77 Newbridge Road, Hicksville, NY 11801
12. Richard M. Larrabee, Director, Port Commerce Dept., The Port
Authority of New York & New Jersey, One World Trade Center, 34S, New
York, NY 10048-0682
13. Linda O'Leary, Vice President--Atlantic Coast Region, American
Waterways Operators, 241 Water Street, New York, NY 10038
One commenter expressed confusion over the boundaries of the Hudson
River NDA. His confusion was caused by the statement that some vessel
operators while docked at the Brooklyn Naval Yard have their holding
tanks pumped out by waste haulers. Since the Brooklyn Naval Yard is on
the East River, he asked whether the prohibition included the East
River. It does not include the East River, but boaters may choose to
use pumpout facilities located outside of the NDA because the
facilities are more convenient for them. For example, a boater who
keeps his boat in a Staten Island marina may choose to use the pumpout
at his home marina because it is convenient. The southern boundary of
the proposed No Discharge Area (NDA) in this application would begin at
the Battery in Manhattan, New York and the northern boundary would be
the Federal Dam in Troy, New York. This area includes waters up to the
New Jersey-New York boundary and does not include waters in New Jersey.
It does not include the East River, the Harlem River, the Long Island
Sound nor the Raritan Bay. No change to the determination is necessary
based on this comment.
Three commenters expressed their support for the complete
prohibition of the discharge of sewage from vessels. They believe that
this determination is an important step in maintaining the vitality of
the Hudson River. No change to the determination is necessary based on
these comments.
One commenter compared the prohibition to a ``chamber pot''
approach and questioned whether making waste disposal more difficult
for boaters effectively eliminates sewage. The commenter stated that
marine sanitation devices (MSDs) must be
[[Page 58346]]
allowed to operate and discharge. In response, EPA notes that the
pumpout and subsequent treatment of wastes at a sewage treatment plant
generally results in a higher level of treatment than an MSD can
provide. A holding tank is a total retention/no discharge alternative.
A flow through device (Type I or Type II) treats the waste to some
degree and then discharges into the water. This discharge contains
pathogens, nutrients and various chemicals. This commenter also
expressed concern about the capacity of a holding tank capacity (2 days
of waste), the distance between pumpouts (15.5 miles) and the speed at
which most vessels travel (5 knots per hour). The capacity of a holding
tank is determined by several factors, volume, size of the crew, and
the use of shore bathroom facilities when available. The greatest
distance between pumpout facilities, based on the charts submitted in
the application, is 12 miles. The speed at which vessels travel is
determined by whether the vessel is a sailing or power vessel. These
are all factors, including fuel, weather, supplies and charts, which
the operator of the vessel needs to consider when planning his trip. No
changes to the determination are necessary based on these comments.
Several commenters expressed concerns regarding the ability of
large commercial vessels to dispose of sewage due to the lack of
facilities and the draft restriction at pumpout facilities. These
vessels may exceed 200 feet in length and have drafts in excess of 20
feet. The commenters also stated that many, if not all, of these
commercial vessels have been equipped with Type II marine sanitation
devices, which are a flow-through type treatment devices as opposed to
a Type III MSD which are a holding tank. They stated that to retrofit
tugs and barges with holding tanks would cost several thousand dollars
and the time in dry dock would cost several thousand dollars in lost
revenue. Some commenters requested that commercial vessels be exempted
from the prohibition since no pumpout facilities were available for
their vessels due to size and draft requirements. The same commenters
requested that the NDA apply only to recreational boaters. While many
of the commercial vessels are equipped with Type II MSDs, there are
several commercial operators that utilize Type III MSDs and have their
holding tanks pumped out at facilities that are available in their home
ports or that make arrangements with waste haulers to pumpout their
holding tanks when they dock to load, unload or take on supplies and
fuels. EPA concludes that adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are reasonably
available. One commenter stated that 50% of the petroleum transported
by tug/barge units was delivered to Albany, 29% of the petroleum was
delivered to Newburgh and 21% of the petroleum was delivered to various
terminals along the Hudson River. This commenter contended that the
imposition of the NDA on all vessels will cause a disruption in the
petroleum delivery system, unduly harm the tug and barge industry,
result in hardship to the residents of New York State and serve no
useful purpose in terms of improving water quality or protecting
environmental resources. Based on this information, EPA has decided
that the complete prohibition of discharge of vessel sewage will not
apply for one year from the date of Federal Register publication of
this notice to commercial vessels which are greater than 225 feet in
length or are greater than 20 feet in draft. The prohibition of
discharge of vessel sewage will apply to all other vessels upon
publication of this determination in the Federal Register.
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 Hudson River,
New York. A final determination on this matter will result in a New
York State prohibition of any sewage discharges from vessels, with the
exception of commercial vessels that are greater than 225 feet in
length or are greater than 20 feet in draft, on the Hudson River from
the Battery in Manhattan, New York to the Federal Dam at Troy, New
York. For vessels that are greater than 225 feet in overall length or
are greater than 20 feet in draft, the prohibition will be applicable
on October 8, 2004.
Any questions regarding this notice should be addressed to Walter
E. Andrews, U.S. Environmental Protection Agency, Region 2, Water
Programs Branch, 290 Broadway, 24th Floor, New York, New York, 10007-
1866. Telephone: (212) 637-3880.
Dated: September 3, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-25637 Filed 10-8-03; 8:45 am]
BILLING CODE 6560-50-P