Federal Register, Volume 74 Issue 220 (Tuesday, November 17, 2009)

[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Notices]
[Pages 59176-59183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27567]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8977-1]

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

AGENCY: Environmental Protection Agency (EPA).

SUMMARY: Notice is hereby given that a petition has been received from
the State of New York requesting a determination by the Regional
Administrator, U.S. Environmental Protection Agency--Region 2, that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for the South Shore
Estuary Reserve (SSER), New York. The waters of the proposed No
Discharge Zone (NDZ) fall within the jurisdictions of the Town of
Southampton, the Town of Brookhaven, the Town of Islip, the Town of
Babylon, the Town of Oyster Bay and the Town of Hempstead. The entities
submitted an application prepared by the Peconic Baykeeper for the
designation of a Vessel Waste No Discharge Zone. New York State
Department of Environmental Conservation certified the need for greater
protection of the water quality.
EPA published a tentative affirmative determination on July 6, 2009
in the Federal Register. Public comments were solicited for 30 days and
the comment period ended on August 5, 2009. EPA Region 2 received a
total of twenty five (26) comments via letter (14) and e-mail (12). The
comment tally was twenty three (23) in favor and three (3) are
questioning or opposing the NDZ designation. This Federal Register
document will address all comments submitted in response to the July 6,
2009 (Volume 74 Number 127), Federal Register document.
EPA received letters from the following individuals:

1. Douglas R. Lemaitre, 4207 Oak Beach, Oak Beach, NY 11702
2. Ann Cestare, 77 Bayview Ave. West Lindenhurst, NY 11757
3. Charles K McDermott, 3740 Somerset Dr. Seaford, NY 11783
4. Stephen D. Walsh, 47 Eatondale Avenue, Blue Point, NY 11715
5. Virginia Matney, 112 Eldorado St. Atlantic Beach, NY 11509
6. Diana C. Teta, PhD 771 S. Country Road, E Patchogue, NY 11772
7. Mara Dias, Water Quality Coordinator, Surfrider Foundation, P.O. Box
6010, San Clemente, CA 92674
8. Adrienne Esposito, Citizens Campaign, 225A Main St. Farmingdale, NY
11735
9. Maureen Dolan Murphy, South Shore Reserve Council, 300 Woodcleft
Avenue, Freeport, New York, NY 11520
10. Lawrence A. Merryman, Great South Bay Audubon Society, P.O. Box 267
Sayville, NY 11782
11. Jennifer Skilbred, Environmental Advocate, Group for the East End,
P.O. Box 1792, Southold, NY 11971
12. Kenneth Blum, Meridian Shipping Co., In. 147-20 181 St. Jamaica, NY
11413
13. Jean Weltner, 629 Miller Ave. Freeport, NY 11520-6312
14. Joe Zysman, Fire Island Wildeness Committee, 325 Beaverdam Road,
Brookhaven, NY 11719
EPA received e-mails from the following individuals:

1. Flori Grottoli 2. Frank Marinaccio 3. Frank Peter 4. Arthur H.
Kopelman, PhD Coastal Research and Education Society of Long Island 5.
Marty O'Connell, South Bay Cruising Club/Babylon Yacht Club 6. Mike
Burns, www.ECwindfest.com 7. Theodore Drossos, 47 Division Avenue, East
Islip, NY 11730 8. William Hasback, Acting Shellfisheries Head,
NYSDEC--Bureau of Marine Resources, 205 N. Belle Mead Road, East
Setauket, NY 11733 9. Della Bucher, Harborfields P.L. 10. Kevin
McAllister, Peconic Baykeeper, Inc. 10 Old Country Road, P.O. Box 893,
Quogue, NY 11959. 11. Sue Montana, 34 River Road, Sayville, NY 11782
12. Bryan McLoughlin

[[Page 59177]]

Three (3) commenters are questioning or opposing the NDZ
designation.
1. Comment: One commenter stated that the pollution near the shore
comes from leaching septic tanks, fertilizer, and road runoff. The
boater uses his boat for a limited time during the season and stated
that what is needed is another sewer district.
EPA Response: This comment is beyond the scope of this action in
which EPA finds adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available for
the South Shore Estuary Reserve (SSER), New York. EPA has point and
nonpoint source control programs that address pollution from leaching
septic tanks, fertilizer, and road runoff.
2. Comment: The commenter asked why EPA was picking on boaters when
many beaches are closed due to storm water runoff and not from
overboard discharge.
EPA's Response: Regarding the comment of ``pick on the boaters''
Section 312(f)(3) of the Clean Water Act allows States to prohibit the
discharge of sewage, whether treated or untreated, from vessels for the
greater protection and enhancement of water quality. New York State has
exercised its option to support the petition put forth by the Peconic
Baykeeper. EPA's role is to determine whether adequate facilities, for
the safe and sanitary removal and treatment of the sewage, are
reasonably available. We have found the facilities in the proposed
areas are reasonably available and recommend finalizing our
determination. Sometimes beaches are closed due to high bacterial
counts from storm water or other sources. However, it should be noted
the intent of NDZ designation for the SSER is to protect the whole SSER
ecosystem not just beaches.
3. Comment: One commenter stated that his vessel is equipped with a
Lectrasan Marine Sewage Treatment System and produces cleaner treated
effluent than the publicly owned treatment works (POTWs). The commenter
asked whether it would be acceptable for the boat to discharge
overboard in the NDZ.
Response: EPA has classified the Lectra/San unit as a Type I MSD.
For Type I MSDs the effluent produced must not have a fecal bacterial
count greater than 1,000 per 100 milliliters and have no visible
floating solids. Due to the deficiencies in treatment (not 100% free of
pathogens), vessels using Lectra/San units are not permitted to
discharge in No-Discharge Zones. Once a NDZ is established, vessels
cannot discharge treated or untreated sewage into the waterbody (40 CFR
140.4).
Twenty three (23) commenters expressed strong support for the
establishment of a NDZ for SSER and commented that this Final
Determination was an important step in protecting the water quality of
the SSER and its marine resources. These commenters raised questions
and concerns regarding outreach, education, enforcement, pump out
facilities, water quality improvements, and legislative issues. These
comments are addressed below in general subject categories.

Adequate Pumpout Facilities

4. Comment: Many commenters expressed concerns about the adequacy
of existing pumpout facilities in the Great South Bay, including the
total number of facilities and the conditions and availability of the
pumpouts. In addition, a few commenters stated that there should be
more operable pump out facilities (Town of Babylon especially). One
commenter expressed the funding concern for increased numbers of pump
out facilities if needed.
EPA Response: The criterion established by the Clean Vessel Act
regarding the adequate number of pumpouts per vessel population is one
pumpout per 300 to 600 vessels. All areas of the SSER meet or exceed
this criterion, therefore, EPA has determined that there is an adequate
number of pumpouts. A number of pumpout boats operate in the SSER area
and are available for boaters' convenience. EPA recognizes the
importance of adequate pumpouts to service the boating activity within
a given waterbody. There are a sufficient number of pumpouts to service
the Great South Bay. The Towns of Brookhaven and Islip provide mobile
pumpout boats that operate in the Great South Bay (four boats total)
and can be hailed on channel 73. Environmental/stakeholder
organizations such as Peconic Baykeeper and the South Bay Cruising Club
have been encouraging the Town of Babylon to bring a pumpout boat on-
line. State agencies are contacted regarding inoperable or inaccessible
pumpouts for their assistance in expeditious resolution of the matter.
EPA will continue to refer complaints about non-operational pumpouts to
the appropriate State and local authorities if such complaints are
received.
5. Comment: One commenter stated that the depth of the waters
adjacent to the pump-out facilities are not deep enough to allow
sailboats with a draft over four feet to access them.
EPA Response: There are boats that may require greater depth for
pumpout. They have the option to use any of the four pumpout boats in
Islip and Brookhaven. Boaters can also anchor off in the area and call
out for service.
6. Comment: One commenter suggested that boaters need to see more
convenient and reasonable priced pumpout stations.
Response: As stated in the Response to Comment 4, EPA has
determined that there is an adequate number of pumpouts. Among all the
available pumpout stations the service charge varies mostly from free
of charge to $5 per service. EPA believes this is more than reasonable.
7. Comment: One commenter expressed concerns regarding where the
pumpout waste goes and the capacity of these facilities.
EPA Response: Sanitary waste water removed from pump out is
generally transported to municipal wastewater treatment plants. In a
few instances, the waste pumped out from vessels is pumped directly
into onsite septic systems.

Other Sources of Pollution in the (Great South Bay) GSB Area

8. Comment: One commenter stated that the water quality has
degraded year by year, that the Babylon Sewage treatment plant does not
remove the nitrogen, and not only has the water turned brown but it
smells bad. There is an uncertified shellfish area near the Fire Island
Inlet which has been closed by NYSDEC apparently due to impairment
related sewage discharge and the commenter asked how EPA plans to
correct this condition.
EPA Response: This comment is beyond the scope of this action.
However, EPA agrees that uncertified shellfish designation is
potentially due to stormwater and other nonpoint sources including
vessel waste. The Babylon facility whose treatment train does not
include nitrogen removal is an ocean discharge and should not affect
SSER water quality. Questions related to the shellfish designations in
the Great South Shore Reserve should be directed to the NYSDEC.
9. Comment: One commenter asked how the Babylon Sewage Treatment
Plant neutralizes the waste water before it is discharged in the water.
EPA Response: The Babylon (Bergen Point) facility is a secondary
wastewater treatment plant. Secondary treatment standards are
established by EPA for publicly owned treatment works (POTWs) and
reflect the performance of secondary wastewater treatment plants. These
technology-based regulations

[[Page 59178]]

apply to all municipal wastewater treatment plants and represent the
minimum level of effluent quality attainable by secondary treatment, as
reflected in terms of 5-day biochemical oxygen demand (BOD5) and total
suspended solids (TSS) removal. The Babylon facility does not discharge
into the Great South Bay. An extensive pipeline crosses the GSB and
extends a considerable distance out into the Atlantic Ocean where the
effluent discharged. The NYSDEC should be contacted for detailed
information regarding the Babylon facility.

Enforcement

10. Comment: One commenter expressed concerns that older boats are
not equipped with holding tanks and potentially contribute sewage to
the bay while anchored overnight. There are house boats and barges
where people live year round, that instead of pumping out and trucking
away, they may be pumping it directly into bayside canals.
EPA Response: Boats with Type I or Type II Marine Sanitation
Devices (MSDs) but without holding tanks are prohibited from using
these MSDs in a NDZ. Compliance in an NDZ requires that at the time of
boarding by a bona-fide law enforcement officer the vessel is incapable
of discharging. One does not have to be caught in the act of
discharging to be in violation of the law.
11. Comment: One commenter suggested a potential concern was that
there was insufficient state or local resources for enforcement of a
NDZ and possible resistance to the NDZ designation by local government
and boat owners due to lack of understanding of the benefits. In
addition, the commenter asked if funds are available for additional
staffing.
EPA Response: According to the SSER Comprehensive Management Plan,
published in 2001, to reduce impairments and to improve water quality,
Federal, State, and local governments are undertaking a heavily funded
and comprehensive program to reduce or eliminate all point and nonpoint
sources of pollution and to forestall or reverse a pattern of water
quality impairments throughout the region. The Management Plan lays out
a strategy for enforcement, cooperation, funding and staffing among the
federal, state, local and non-governmental organizations (NGOs).
12. Comment: One commenter suggested that each individual boat
should be declared a point source and required to get a permit. Another
commenter suggested that all boats with bathrooms should be required to
have boat inspection similar to car inspections that would require
boats to have the opening under the boat sealed before passing
inspection. They also commented that mariners that install toilets that
discharge into the waterways should be fined as well.
EPA Response: The Clean Water Act does not authorize EPA to require
NPDES permits from vessels beyond what is currently regulated by the
vacatur of the vessel exclusion (i.e., which resulted in EPA developing
the ``Vessel General Permit''). The Vessel General Permit (VGP)
regulates discharges incidental to the normal operation of vessels
operating in a capacity as a means of transportation. Recreational
vessels as defined in section 502(25) of the Clean Water Act are not
subject to this permit. In addition, with the exception of ballast
water discharges, non-recreational vessels less than 79 feet (24.08
meters) in length, and all commercial fishing vessels, regardless of
length, are not subject to this permit. Currently in the SSER there are
commercial transportation vessels which are required to obtain and
comply with the VGP permit. Recreational boats in the SSER are not
required to have NPDES permit coverage at this time. With regard to the
boat inspection, New York State enforcement of NDZs are captured under
the New York State Navigation Law. Under Article 3, Section 33(e),
paragraph 4 ``any vessel being operated upon waters of the state that
have been designated as a vessel waste NDZ may be boarded and inspected
by the department or health department or any lawfully designated
agents or inspectors thereof * * *.'' All certified peace officers are
agents of the state. This means a bona-fide law enforcement officer
(State, County, Village police, including bay constables, Harbor
Masters, etc.) can enforce the law. Therefore, EPA believes that the
enforcement of the NDZ is sufficient and therefore, no need to add
requirements such as a permit or inspection for boaters.

Public Education

13. Comment: Several commenters suggested public education to
promote awareness and cooperation of people polluting waters. One
commenter suggested that it is important to engage boaters in
conversations about the importance of properly disposing of sewage from
their boats and the benefits of a NDZ. As boating continues to increase
in popularity, one commenter suggested a strategy to provide voluntary
environmental programs and education to support a NDZ and other marine
pollution controls.
EPA Response: As part of instituting a NDZ, Peconic Baykeeper has
published and is distributing a Clean Boating Guide throughout the
estuary to educate the boaters on clean water practices and to inform
them of the location of pumpout facilities. Additional educational
efforts are expected from the South Shore Estuary Reserve Program
Office.

Outreach

14. Comment: One commenter inquired as to what kind of performance
measure on outreach efforts there was for the NDZ designations.
EPA Response: As a result of this designation approval,
improvements in water quality may be demonstrated through routine
ambient sampling. Since there are several ongoing programs to improve
the water quality in the estuary, it is difficult to attribute these
improvements to a specific program. Currently, EPA is undertaking a
national study to evaluate the efficacy of the NDZ designations and
will publish the results when they are available.
15. Comment: One commenter asked if EPA would be able to post an
online map of NDZs on the EPA Region 2 Web page.
EPA Response: EPA Region 2 has established a regional Web page that
can be viewed at the following link: EPA R2 Web page at: http://www.epa.gov/region02/water/ndz/index.html
The EPA national NDZ web page is located at: http://www.epa.gov/owow/oceans/regulatory/vessel_sewage/vs_nodischarge_map.htm.

SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has
been received from the State of New York requesting a determination by
the Regional Administrator, U.S. Environmental Protection Agency,
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 South Shore Estuary Reserve (SSER) and its
harbors, bays and creeks within the following boundaries:

East Rockaway Inlet, approach to Reynolds Channel, flashing green
buoy (N ``9'')
N 40[deg]-35.5[min]
W 73[deg]-44.9[min]
Jones Inlet, Jones Inlet red buoy (N ``8'')
N 40[deg]-35.2[min]
W 73[deg]-34.3[min]
Fire Island Inlet, Fire Island Inlet flashing red buoy (N ``10'')
N 40[deg]-37.5[min]
W 73[deg]-17.9[min]

[[Page 59179]]

Moriches Inlet, flashing red tower on east jetty terminus
N 40[deg]-45.8[min]
W 72[deg]-45.3[min]
Shinnecock Inlet, flashing green tower on west jetty terminus
N 40[deg]-50.2[min]
W 72[deg]-28.7[min]

The SSER encompasses 110,720 acres of open water and intertidal
area. The waterbodies included in the SSER are Shinnecock Bay (East and
West), Quantuck Bay, Moriches Bay (East and West), Bellport Bay,
Patchogue Bay, Nicoll Bay, Great South Bay (West, East and Great Cove),
South Oyster Bay, East Bay Complex, Middle Bay Complex and Western
South Shore Bay. New York has provided documentation indicating the
SSER vessel population and the number of pumpouts for each embayment.
Shinnecock Bay--East is serviced by 3 pumpouts and has a vessel
population of 864 (288 vessels per pumpout). Shinnecock Bay--West is
serviced by 1 pumpout and has a vessel population of 1841 (1841 vessels
per pumpout). Quantuck Bay is serviced by 1 pumpout and has a vessel
population of 363 (363 vessels per pumpout). Moriches Bay--East is
serviced by 2 pumpouts and has a vessel population of 951 (476 vessels
per pumpout). Moriches Bay--West is serviced by 5 pumpouts and has a
vessel population of 1829 (366 vessels per pumpout). Bellport Bay is
serviced by 2 pumpouts and has a vessel population of 336 (168 vessels
per pumpout). Patchogue Bay is serviced by 11 pumpouts and has a vessel
population of 2814 (256 vessels per pumpout). Nicoll Bay is serviced by
6 pumpouts and has a vessel population of 1765 (294 vessels per
pumpout). Great South Bay--East and Great Cove is serviced by 7
pumpouts and has a vessel population of 1810 (259 vessels per pumpout).
Great South Bay--West is serviced by 12 pumpouts and has a vessel
population of 5066 (422 vessels per pumpout). South Oyster Bay is
serviced by 5 pumpouts and has a vessel population of 1453 (291 vessels
per pumpout). East Bay Complex is serviced by 4 pumpouts and has a
vessel population of 747 (187 vessels per pumpout). Middle Bay Complex
is serviced by 8 pumpouts and has a vessel population of 3392 (424
vessels per pumpout). Western South Shore Bay is serviced by 2 pumpouts
and has a vessel population of 705 (352 vessels per pumpout).
The criterion established by the Clean Vessel Act regarding the
adequate number of pumpouts per vessel population is 1 pumpout per 300-
600 vessels. All areas of the SSER meet or exceed this criterion with
the exception of Shinnecock Bay--West, which has one pumpout per 1841
vessels. Factoring in the adjacent waters, Shinnecock Bay--East and
Quantuck Bay, 5 pumpouts service a vessel population of 2492. The ratio
is one pumpout per 498 vessels, which meets the criterion.
The facilities located in the Shinnecock Bay--East are as follow:

Name: Sherry and Joe Corrs Best Boat Works.
Lat/Long: N40.97938 W72.43858.
Phone: 631-283-7359.
VHF Channel: N/A.
Dates of Operation: Spring-Summer.
Hours of Operation: 9 a.m.-5 p.m.
Fee: $5.
Vessel Limitations Length/Draught: None/4.5 feet.
Method of Sewage Disposal: Private contractor.
Name: Shinnecock Canal County Marina.
Lat/Long: N40.884444 W72.501944.
Phone: 631-852-8291 or 631-852-8899.
VHF Channel: N/A.
Dates of Operation: April 1-October 31.
Hours of Operation: 24 hours.
Fee: Free.
Vessel Limitation Length/Draught: 60 feet/8 feet.
Method of Sewage Disposal: Private contractor.
Name: Southampton Town Pumpout Boat.
Lat/Long: N/A.
Phone: 631-283-6000.
VHF Channel: 73.
Dates of Operation: April-November.
Hours of Operation: 8 a.m.-5 p.m.
Fee: Free.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Pumps out at Shinnecock Canal County
Marina.

The facility located in Quantuck Bay and Shinnecock Bay--West is as
follows:

Name: Southampton Town Pumpout Boat.
Lat/Long: N/A.
Phone: 631-283-6000.
VHF Channel: 73.
Dates of Operation: April-November.
Hours of Operation: 8 a.m.-5 p.m.
Fee: Free.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Pumps out at Shinnecock Canal County
Marina.

The facility located in Moriches Bay--East is as follows:

Name: Remsenburg Marina.
Lat/Long: N40.8157 W72.72324.
Phone: 631-325-1677.
VHF Channel: N/A.
Dates of Operation: April 1-November 1, 7 days a week.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 45 feet/4 feet.
Method of Sewage Disposal: Waste emptied and disposed of by private
contractor.

The facilities located in Moriches Bay--West are as follow:

Name: Windswept Marina.
Lat/Long: N40.791389 W72.753333.
Phone: 631-878-2100.
VHF Channel: N/A.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 45 feet/6 feet.
Method of Sewage Disposal: Waste emptied and disposed of private
contractor.
Name: Senix Marina.
Lat/Long: N40.795 W72.805833.
Phone: 631-874-2092.
VHF Channel: N/A.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 45 feet/4 feet.
Method of Sewage Disposal: Waste emptied and disposed of private
contractor.
Name: Waterways Marina.
Lat/Long: N40.78756 W72.81813.
Phone: 631-874-8066.
VHF Channel: N/A.
Dates of Operation: March 15-November 15.
Hours of Operation: 8 a.m.-4 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 60 feet/4 feet.
Method of Sewage Disposal: Pumped into sewage treatment plant.
Name: Brookhaven Town Marina.
Lat/Long: N40.80199 W72.83084.
Phone: 631-395-3993.
VHF Channel: N/A.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 45 feet/4 feet.
Method of Sewage Disposal: Waste emptied weekly and disposed of
private contractor.
Name: Brookhaven Town Pumpout Boat.
Lat/Long: N/A.
Phone: 631-878-2100.

[[Page 59180]]

VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Waste emptied and disposed of private
contractor.

The facility located in Bellport Bay is as follows:

Name: Beaver DamBoat Marina.
Lat/Long: N40.77222 W72.91778.
Phone: 631-286-7186.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 45 feet/4 feet.
Method of Sewage Disposal: Waste emptied and disposed of private
contractor.

The facilities located in Patchogue Bay are as follow:

Name: Patchogue Shores Marina.
Lat/Long: N40.75 W72.975278.
Phone: 631-475-0790.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 45 feet/4 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Brookhaven Town Pumpout Boats (2), these boats also service
vessels in Bellport Bay and Moriches Bay--West.
Lat/Long: N/A.
Phone: N/A.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Dockside Mobile Pumpout--pumpout boat and mobile truck.
Lat/Long: N/A.
Phone: 631-447-1189.
VHF Channel: N/A.
Dates of Operation: All year.
Hours of Operation: 8 a.m.-5 p.m.
Fee: Varies based on location.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Morgan's Swan Marina.
Lat/Long: N40.7481 W72.99726.
Phone: 631-785-3524.
VHF Channel: 73.
Dates of Operation: Memorial Day-September, Tuesday-Sunday.
Hours of Operation: 10 a.m.-4 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 34 feet/5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Watch Hill.
Lat/Long: N40.69147 W72.98933.
Phone: 631-597-3109.
VHF Channel: 9.
Dates of Operation: April 1-November 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 45 feet/4.5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Davis Park Marina.
Lat/Long: N40.68581 W73.00312.
Phone: 631-597-6830.
VHF Channel: 9.
Dates of Operation: Everyday from the third week of May through the
end of October.
Hours of Operation: 8 a.m.-9 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 40 feet/3.5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Sandspit Marina.
Lat/Long: N40.74715 W73.01513.
Phone: 631-475-1592.
VHF Channel: 9.
Dates of Operation: May-November.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: 35+ feet/2 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Island View Marina.
Lat/Long: N40.75035 W73.01805.
Phone: 631-447-1234.
VHF Channel: N/A.
Dates of Operation: April 1-December 15.
Hours of Operation: Monday-Thursday 8 a.m.-6 p.m., Friday-Sunday 8
a.m.-8 p.m.
Fee: $10.
Vessel Limitation Length/Draught: 65 feet/5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Leeward Cove Marina.
Lat/Long: N40.75619 W73.02737.
Phone: 631-363-6045.
VHF Channel: N/A.
Dates of Operation: May-November.
Hours of Operation: 24 hours.
Fee: Free.
Vessel Limitation Length/Draught: 32 feet/6 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Blue Point Marina.
Lat/Long: N40.74679 W73.02737.
Phone: 631-363-6045.
VHF Channel: N/A.
Dates of Operation: May-November.
Hours of Operation: 24 hours.
Fee: Free.
Vessel Limitation Length/Draught: 32 feet/6 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Browns River Marina.
Lat/Long: N40.7250 W73.0706.
Phone: 631-589-5550.
VHF Channel:
Dates of Operation: Year round.
Hours of Operation: 24 hours.
Fee: Free.
Vessel Limitation Length/Draught: 60 feet/6 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: East West Sayville Boat Basin.
Lat/Long: N40.72117 W73.09324.
Phone: 631-589-4141.
VHF Channel: N/A.
Dates of Operation: All Year (self serve March 1-December 1).
Hours of Operation: 24 hours.
Fee: $5 (voluntary).

The facilities located in Nicoll Bay are as follow:

Name: West Sayville Boat Basin.
Lat/Long: N40.72117 W73.09324.
Phone: 631-589-4141.
VHF Channel: N/A.
Dates of Operation: All Year (self serve March 1-December 1).
Hours of Operation: 24 hours.
Fee: $5 (voluntary).
Vessel Limitation Length/Draught: None/5 feet/.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Sailors Haven.
Lat/Long: N40.65714 W73.10440.
Phone: 631-597-6171.
VHF Channel: N/A.
Dates of Operation: May 15-October 15.
Hours of Operation: 24 hours.
Fee: Free.
Vessel Limitation Length/Draught: None/2.5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Timber Point East County Marina.
Lat/Long: N40.71273 W73.14414.
Phone: 631-854-0930.
VHF Channel: N/A.
Dates of Operation: June-October.
Hours of Operation: 7 a.m.-7 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 40 feet/4.5 feet.

[[Page 59181]]

Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Heckster State Park.
Lat/Long: N40.70332 W73.14691.
Phone: 631-581-2100.
VHF Channel: N/A.
Dates of Operation: April 1-November 1.
Hours of Operation: 7 a.m.-Sunset.
Fee: Free with entrance fee to park.
Vessel Limitation Length/Draught: None/3 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
The facilities located in Great South Bay--East and Great Cove are
as follow:

Name: Atlantique Marina.
Lat/Long: N40.64340 W73.17353.
Phone: 631-583-8610.
VHF Channel: 9.
Dates of Operation: When Marina is open during boating season.
Hours of Operation: 9 a.m.-6:30 p.m.
Fee: Free.
Vessel Limitation Length/Draught: None/10 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: East Islip Marina.
Lat/Long: N40.70744 W73.18954.
Phone: 631-224-5413.
VHF Channel: N/A.
Dates of Operation: During Marina Season.
Hours of Operation: 8 a.m.-4 p.m.
Fee: Free.
Vessel Limitation Length/Draught: None/6 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Islip Pumpout Boat.
Lat/Long: N/A.
Phone: N/A.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 7 a.m.-Sunset.
Fee: Free.
Vessel Limitation Length/Draught: None/10 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Bay Shore Marina.
Lat/Long: N40.71276 W73.23727.
Phone: 631-224-5648.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 7 a.m.-Sunset.
Fee: Free.
Vessel Limitation Length/Draught: 30 feet/3 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Captree State Park.
Lat/Long: N40.64208 W73.25290.
Phone: 631-321-3533.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 7 a.m.-Sunset.
Fee: Free.
Vessel Limitation Length/Draught: None/3 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Robert Moses State Park.
Lat/Long: N40.62483 W73.26657.
Phone: 631-669-1000 or 631-669-0470.
VHF Channel: 73.
Dates of Operation: April 1-November 1.
Hours of Operation: 7 a.m.-sunset.
Fee: Free.
Vessel Limitation Length/Draught: None/3 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.

The facilities located in Great South Bay--West are as follow:

Name: Babylon Fishing Station.
Lat/Long: N40.686111 W73.31611.
Phone: 631-669-4503.
VHF Channel: 78.
Dates of Operation: April 1-December 1.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $5.
Vessel Limitation Length/Draught: Unlimited/5 feet.
Method of Sewage Disposal: Waste pumped directly into the sewer
system.
Name: Babylon Marine.
Lat/Long: N40.68646 W73.32479.
Phone: 631-587-0333.
VHF Channel: N/A.
Dates of Operation: Spring and Summer.
Hours of Operation: Monday-Saturday 8 a.m.-5 p.m., Sunday 9 a.m.-5
p.m.
Fee: Free with gas purchase, $10 without.
Vessel Limitation Length/Draught: None/4 feet.
Method of Sewage Disposal: Waste pumped directly into sewer system.
Name: Bergen Point Marina.
Lat/Long: N40.677222 W73.338056.
Phone: 631-957-7440.
VHF Channel: N/A.
Dates of Operation: May-November.
Hours of Operation: 24 hours/7 days.
Fee: Free.
Vessel Limitation Length/Draught: None/10 feet.
Method of Sewage Disposal: Bergen Point STP.
Name: Cedar Beach Marina.
Lat/Long: N40.635156 W73.34457.
Phone: 631-669-5949.
VHF Channel: N/A.
Dates of Operation: Weekends beginning 2nd weekend of May, full-
time June 28-Columbus Day.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: 45 feet/14 feet.
Method of Sewage Disposal: Settling pools onsite, truck pumpout if
necessary.
Name: Surfside 3 Marina.
Lat/Long: N40.66984 W73.35807.
Phone: 631-957-5900.
VHF Channel: N/A.
Dates of Operation: All Year.
Hours of Operation: 8 a.m.-8 p.m.
Fee: Free with gas purchase, $10 without.
Vessel Limitation Length/Draught: 50 feet/4 feet.
Method of Sewage Disposal: Waste pumped directly into sewer system.
Name: Boatland.
Lat/Long: N40.675556 W73.358611.
Phone: 631-957-5550.
VHF Channel: N/A.
Dates of Operation: April 1-October 1.
Hours of Operation: Monday-Thursday 8 a.m.-5 p.m., Friday-Sunday 7
a.m.-7 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 50 feet/5 feet.
Method of Sewage Disposal: Waste pumped directly into sewer system.
Name: The Anchorage.
Lat/Long: N40.67066 W73.35812.
Phone: 631-225-5656.
VHF Channel: N/A.
Dates of Operation: April-October.
Hours of Operation: 9 a.m.-7 p.m.
Fee: $10.
Vessel Limitation Length/Draught: 60 Feet/5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: LaSala Boat Yard.
Lat/Long: N40.5931 W73.5403.
Phone: 516-623-5757.
VHF Channel: N/A.
Dates of Operation: Boating Season.
Hours of Operation: 8 a.m.-5 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 40 feet/4 feet.
Method of Sewage Disposal: Waste pumped directly into sewer system.
Name: Tanner Park.
Lat/Long: N40.66023 W73.39365.
Phone: 631-789-4159.
VHF Channel: N/A.
Dates of Operation: Boating Season.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: 60 feet/5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Gilgo Beach Marina.
Lat/Long: N40.61879 W73.39796.
Phone: 631-826-1255.
VHF Channel: N/A.

[[Page 59182]]

Dates of Operation: April 1-November 1.
Hours of Operation: Monday-Friday 8 a.m.-5 p.m., Saturday and
Sunday 7 a.m.-7 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 60 feet/4.5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Delmarine, Inc.
Lat/Long: N40.66333 W73.4225.
Phone: 631-598-2946.
VHF Channel: N/A.
Dates of Operation: Boating Season.
Hours of Operation: Monday-Friday 8 a.m.-5 p.m., Saturday 8 a.m.-12
p.m.
Fee: Available only to private slip users, Free.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Waste pumped directly into sewer system.

The facilities located in South Oyster Bay are as follow:

Name: TOBAY Heading Marina.
Lat/Long: N40.615 W73.426667.
Phone: 516-679-3900.
VHF Channel: 16.
Dates of Operation: Memorial Day-October.
Hours of Operation: 9 a.m.-7 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 45 feet/4 feet.
Method of Sewage Disposal: 2 cesspools and leaching field, pump
truck if needed.
Name: Town of Oyster Bay Pumpout Boat.
Lat/Long: N/A.
Phone: 516-679-3900.
VHF Channel: 9.
Dates of Operation: Memorial Day-October.
Hours of Operation: 9 a.m.-7 p.m.
Fee: Free.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Empties at TOBAY Marina.
Name: Treasure Island Marine Basin Corp.
Lat/Long: N40.649444 W73.498056.
Phone: 516-221-7156.
VHF Channel: N/A.
Dates of Operation: April-November.
Hours of Operation: Weekdays 8 a.m.-5 p.m., Weekends 9 a.m.-4 p.m.
Fee: Free for customers, $20 otherwise.
Vessel Limitation Length/Draught: 35 feet/5 feet.
Method of Sewage Disposal: Waste pumped directly into sewer sytem.
Name: Precision Marina.
Lat/Long: N40.647222 W73.498611.
Phone: 516-785-3013.
VHF Channel: N/A.
Dates of Operation: April-November.
Hours of Operation: Summer 8 a.m.-6 p.m., Winter 8 a.m.-4 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 35/5 feet.
Method of Sewage Disposal: Waste epumped directly into sewer
system.

The facilities located in East Bay Complex are as follow:

Name: Wantagh County Park.
Lat/Long: N40.645556 W73.514722.
Phone: 516-571-7460.
VHF Channel: N/A.
Dates of Operation: April-November.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: 40 feet/5 feet.
Method of Sewage Disposal: Waste pumped directly into sewer system.
Name: Blue Water Yacht Club.
Lat/Long: N40.5931 W73.5403.
Phone: 516-625-5757.
VHF Channel: N/A.
Dates of Operation: April-November.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: 40 feet/5 feet.
Method of Sewage Disposal: Water pumped directly into sewer system.

This facility services vessels in Western South Shore Bay, Middle
Bay, and East Bay:

Name: Town of Hempstead Pumpout Boat.
Lat/Long: N/A.
Phone: 516-431-9200.
VHF Channel: 73.
Dates of Operation: Mid-May-October.
Hours of Operation: 9 a.m.-5 p.m.
Fee: Free.
Vessel Limitation Length/Draught: N/A.
Method of Sewage Disposal: Waste pumped into sewage treatment
plant.

The facilities located in Middle Bay Complex are as follow:

Name: West End Boat Basin.
Lat/Long: N40.59056 W73.5556.
Phone: 516-785-1600.
VHF Channel: N/A.
Dates of Operation: April 1-October 15.
Hours of Operation: 9 a.m.-4:30 p.m.
Fee: Free.
Vessel Limitation Length/Draught: 50 feet/7 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Al Grover's High and Dry.
Lat/Long: N40.64417 W73.57333.
Phone: 516-546-8880.
VHF Channel: N/A.
Dates of Operation: April-October.
Hours of Operation: 8 a.m.-5 p.m.
Fee: $40.
Vessel Limitation Length/Draught: 35 feet/7 feet.
Method of Sewage Disposal: Waste emptied directly into sewer
system.
Name: Guy Lombardo Marina.
Lat/Long: N40.629444 W73.58.
Phone: 516-378-3417.
VHF Channel: N/A.
Dates of Operation: April-November.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: None/5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor
Name: Town of Hempstead East Marina.
Lat/Long: N40.59361 W73.584722.
Phone: 516-897-4128.
VHF Channel: N/A.
Dates of Operation: April-November.
Hours of Operation: 24 hours a day.
Fee: Free.
Vessel Limitation Length/Draught: None/5 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
Name: Empire Point Marina.
Lat/Long: N40.61556 W73.64889.
Phone: 516-889-1067.
VHF Channel: N/A.
Dates of Operation: Year round.
Hours of Operation: Monday-Thursday 9 a.m.-5 p.m., Friday-Sunday 6
a.m.-6 p.m.
Fee: $5.
Vessel Limitation Length/Draught: 100 feet/30 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.

The facility located in Western South Shore Bay is as follows:

Name: Crow's Nest Marina.
Lat/Long: N40.63597 W73.6577.
Phone: 516-766-2020.
VHF Channel: N/A.
Dates of Operation: May-October, Monday-Friday.
Hours of Operation: 9 a.m.-4 p.m.
Fee: Free for marina patrons, $25 for visitors.
Vessel Limitation Length/Draught: 35 feet/4 feet.
Method of Sewage Disposal: Waste emptied and disposed of by
contractor.
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 South Shore
Estuary Reserve in the Counties of Nassau and Suffolk, New York.

[[Page 59183]]

Dated: October 20, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. E9-27567 Filed 11-16-09; 8:45 am]
BILLING CODE 6560-50-P