[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Notices]
[Pages 29757-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12653]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9155-2]
New York State Prohibition of Discharges of Vessel Sewage; Final
Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of determination.
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SUMMARY: Notice is hereby given that the Regional Administrator of the
Environmental Protection Agency--Region 2, has determined that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for the waters of the New
York State (NYS) Canal System, including the 524 linear miles of
navigable waterways within the Erie, Oswego, Champlain, and Cayuga-
Seneca canal segments, and including Onondaga, Oneida, and Cross Lakes.
SUPPLEMENTARY INFORMATION: On April 30, 2009, the State of New York
petitioned the Regional Administrator, EPA--Region 2, pursuant to
Section 312(f)(3) of Public Law 92-500 as amended by Public Law 95-217
and Public Law 100-4, for a determination that adequate facilities for
the safe and sanitary removal and treatment of sewage from all vessels
are reasonably available for the NYS Canal System.
The NYS Department of Environmental Conservation (NYSDEC), in
collaboration with the New York State Canal Corporation, the New York
Department of State, and the New York State Environmental Facilities
Corporation, prepared and submitted the petition, and NYSDEC certified
the need for greater protection of the water quality in the NYS Canal
System.
The waters of the proposed No Discharge Zone fall within the
jurisdictions of the NYS Thruway Authority and NYS Canal Recreationway
Commission, and include four distinct segments of the NYS Canal System.
Adequate pumpout facilities are defined as one pumpout station for
every 300 to 600 boats, pursuant to the Clean Vessel Act: Pumpout
Station and Dump Station Technical Guidelines (59 FR 11290-02).
Findings: Potential vessel population in the NYS Canal System was
determined using three sources of information: slips (6,896), boater
registrations (21,201), and lockings (23,278). Based on the numbers
determined through these sources and the number of pumpouts available
(87), the following ratios were determined: using number of slips:
1:80, using NYS Boater Registrations 1:243, and using number of
lockings: 1:267, respectively. Thus adequate pumpouts are available for
all boaters using the NYS Canal System. For all vessel waste disposal
from pumpouts, there are 87 NYS Clean Vessel Assistance Program (CVAP)
completed projects, 4 dispose of wastes to an on-site septic system, 21
dispose to a holding tank and 62 dispose to a municipal wastewater
treatment plant. Thus all vessel sewage will be either discharge into
State approved and regulated septic tanks or holding tanks for
transport to a sewage treatment plant. Online maps are provided at
http://www.nysefc.org/maps and include Google maps of pumpout locations
and marina sheets that provide boaters with detailed availability
information. Based on the above, EPA Region 2, has determined that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for the waters of the
New York State (NYS) Canal System. The following is a summary of EPA's
findings regarding the adequacy of pumpout facilities for the four
Canal System segments at issue:
Champlain Canal
The Champlain Canal encompasses an area from the Federal lock in
Troy, NY, to Whitehall, NY. The Champlain Canal leads north to Lake
Champlain. Lake Champlain is a large waterbody that is already
designated as a No Discharge Zone (NDZ) for vessel sewage, and the
direct disposal of greywater into the lake is also prohibited. The
total travel distance of the canal area is 60 miles, and to travel the
entire length takes approximately 7 hours. There are 276 slips
available and 7 operating pumpouts on the Champlain Canal. The 1:300
ratio would only require one pumpout, if the calculation were based
solely on the number of slips. The availability of seven pumpouts for
this canal meets the criteria for sufficient pumpout access, even
accounting for some additional demand from transient traffic. The NYS
side of Lake Champlain has an additional 1,014 slips available and 8
additional pumpouts.
Erie Canal
The Erie Canal stretches from Waterford (at the confluence of the
Mohawk and Hudson Rivers) to the Tonawandas (at the Niagara River),
traveling through Oneida Lake and Cross Lake, and connecting to
Onondaga Lake along the way. This portion of the Canal is 338 miles
long and has 44 pumpouts available for 2,555 slips. Achieving a 1:300
ratio would require a minimum of nine pumpouts for the
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current number of slips. Therefore, there is more than a sufficient
number of pumpouts for this canal segment as a whole.
Oswego Canal
The Oswego Canal is a 24-mile-long stretch from the main Erie Canal
up to the Port of Oswego and Lake Ontario. This section of the canal
has 407 slips and three pumpouts, all located at the City of Oswego
terminus. The travel time for the length of this segment is
approximately two hours and 20 minutes. Along the way, the Minetto
River View Park in Minetto and the Canal Park Marina in Fulton have
restrooms available for boaters.
Cayuga-Seneca Canal
The Cayuga-Seneca Canal is a small, 12-mile-long section of the
larger canal that veers from the main Erie Canal and intersects with
two Finger Lakes--Cayuga and Seneca Lakes. It contains 582 slips and
seven pumpouts. In addition, although the two lakes are not included in
this NYS Canal NDZ application, there are 7 pumpouts available in
Cayuga and 5 pumpouts available in Seneca.
Public Comments: EPA published a notice of petition and tentative
affirmative determination on March 15, 2010 in the Federal Register (75
FR 12233-01). Public comments were solicited for 30 days, and the
comment period ended on April 14, 2010. EPA Region 2 received a total
of forty-eight (48) comments. All the comments received are in favor of
the NDZ designation with some suggestions and questions.
EPA received letters from the following individuals:
1. George E. Wegman, Rochester, NY
2. Meredith J. Sorenoen, Fairport, NY
3. Eugene Spanganberg, Farmington, NY
4. Roberta Przybylowicz, Webster, NY
5. Barbara S. Rivette, Chair, Onondaga County Council on Environmental
Health, Syracuse, New York
EPA received e-mails from the following individuals:
1. Richard Steinheider, Pittsford, NY
2. Paul Miller, Churchville, NY
3. Gary & Carmela Gilbert
4. Doug Hitchcock, Fairport, NY
5. Richard Carello, Canastota, NY
6. Craig Farnsworth
7. Patrick Micari, Fairport, NY
8. Diane Worske, Johnstown, NY
9. Sara Jackson, West Melbourne, FL
10. Captain Hugh Warfle
11. Emily Castner, Pittsford, NY
12. Sean Patrick Mulvery, Pittsford, NY
13. Rob Peterson, Penfield, NY
14. Marci Wilcove, Pittsford, NY
15. Bill Campbell
16. Brian S. Smith, Ontario, NY
17. Sandy Leary, Webster, NY
18. Wade Hughes
19. Bernard McCullen, Pittsford, NY
20. Bill Pullis, Pittsford, NY
21. Stephanie Post, Waterloo, NY
22. Charles Gibson
23. J. Potter
24. Roger Schurkamp
25. James Whitney
26. Janet Blaser
27. William Wood, NY
28. Charlotte Witte, Conesus, NY
29. Marty La Nay
30. Melody Burdekin, Pittsford, NY
31. Tina McKean, Scottsville, NY
32. Margaret Y. Myers
33. Beth Tarduno
34. Maria Tarduno
35. Gene Dichiara, Rochester, NY
36. Pete Deloe
37. James Walsh, Pittsford, NY
38. Constance M. Glover, Fairport, NY
39. G. Terry Thomas
40. Peter Collinge, Henrietta, NY
41. Edmund Brescia, Staten Island, NY
42. Cindy Halpern, Pittsford, NY
43. Russell Nemecek, Syracuse, NY
Summary of Comments and EPA's Responses: All forty-eight (48)
commenters expressed strong support for the establishment of a NDZ for
the NYS Canal System and commented that this Final Determination was an
important step in protecting the water quality and the resources of the
canal system. They raised the following issues or suggestions regarding
the NDZ designation.
Issue 1: One commenter stated that chlorine is introduced in large
amounts through the disinfection of the final effluent from the on-line
sewer plants on all tributaries flowing into Oneida Lake, and suggested
that the potential adverse impact of the residual chlorine on biota and
drinking water might be avoided by employing other means to disinfect
the final effluent from the treatment plants, such as ultraviolet light
or ozone.
EPA Response: This comment is on a topic that is beyond the scope
of this action, as this action does not involve treatment standards for
sewage treatment plants.
Issue 2: One commenter stated that, in addition to the boaters,
there are many homes along the waterways that are dumping directly into
the canal system.
EPA Response: This comment is on a topic that is beyond the scope
of this action, as this action only addresses the discharge of sewage
from vessels. If the commenter has specific information regarding
unpermitted discharges from homes into the canal system, the commenter
should report that information to the NYSDEC.
Issue 3: Many commenters expressed concerns about the adequacy of
existing pumpout facilities in the NYS Canal System, including the
total number of facilities and the conditions and availability of the
pumpouts.
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. As described above, NYSDEC has
submitted pumpout information (including location, phone numbers, lat./
long., VHF channel, dates and hours of operation, fees, and capacity)
demonstrating that all areas of the NYS Canal System meet or exceed
this criterion. Therefore, EPA has determined that there are adequate
pumpout facilities.
Issue 4: One commenter stated that the newly proposed NDZ for the
NYS Canal System leads to the wrong impression that boaters have been,
and continue to be, polluting the canal with human wastes. The
commenter thought that the current Coast Guard Regulations prohibit
discharge of waste within three miles of shore and, therefore, that
there were no sewage discharges allowed by boaters into the canal.
EPA Response: Federal law prohibits the discharge of untreated
sewage from vessels into any waters of the U.S., which include
territorial seas within three miles of shore. However, boats with Type
I and Type II Marine Sanitation Devices may discharge treated effluent
in coastal waters UNLESS they are in a No Discharge Zone. A Type III
marine sanitation device (holding tank) is the only type that can be
used legally in a NDZ. Once a NDZ is established, vessels cannot
discharge treated or untreated sewage into the waterbody (40 CFR
140.4).
Issue 5: One commenter stated that states should designate all of
their surface waters as NDZ. Several commenters stated that the
proposed NDZ for the NYS Canal System should have been established much
sooner to protect the water quality throughout the Canal System.
EPA Response: Under the Clean Water Act, states may petition, by a
written application, for a NDZ designation from the EPA Regional
Administrator under Sections 312(f)(3), 312(f)(4)(A), or 312(f)(4)(B)
of the Clean Water Act. To initiate the NDZ process, an interested
party, group, or local government can discuss their concerns with the
State agency or agencies responsible for addressing vessel sewage
discharges. If the State determines a waterbody to be
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appropriate for designation as a NDZ, the State can submit to the EPA
Regional Administrator an application to have the waterbody (or
waterbodies) of concern designated. The application and designation
process varies depending upon the type of NDZ that the State is
seeking.
Issue 6: Several commenters suggest that stricter enforcement
regulations for sewage discharge in the NYS Canal System are needed.
EPA Response: New York State's enforcement authority of NDZs is
addressed in 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, which means that any bona-fide
law enforcement officer (State, County, Village police, including bay
constables, Harbor Masters, etc.) has the authority to enforce the NDZ.
Therefore, EPA believes that New York State's ability to enforcement
the NDZs is sufficient.
While information on each pumpout was published in the March 15,
2010, some information was missing at that time. Therefore, the
following listings complete those pumpout facility descriptions that
were incomplete.
Name: Brockport Lift Bridge.
Phone Number: (585) 637-5300.
Lat./Long.: 43.216898/-77.938367.
VHF Channel: None.
Dates of Operation: May 1-October 15, Mon.-Sun.
Hours of Operation: 24 Hours.
Facility Fee: $0.00.
Vessel Size: Unlimited.
Disposal/Treatment: Connection to Municipal System.
Facility Fee: $0.00.
Name: Village of Fairport, NY.
Phone Number: (585) 421-3240.
Lat./Long.: 43. 100742/-77.440136.
VHF Channel: None.
Dates of Operation: Memorial Day-November 1, Mon.-Sun.
Hours of Operation: 24 hrs.
Facility Fee: $0.00.
Vessel Size: 40'.
Disposal/Treatment: N/A.
Name: Little Falls Canal Harbor.
Phone Number: (315) 823-2400.
Lat./Long.: 43.034692/-74.865492.
VHF Channel: 16.
Dates of Operation: Memorial Day-November 1, Mon.-Sun.
Hours of Operation: 7 a.m. to 10 p.m.
Facility Fee: $0.00.
Vessel Size: Unlimited.
Disposal/Treatment: Septic.
Name: Schenectady Yacht Club, Inc.
Phone Number: (585) 384-3707.
Lat./Long.: 42.850978/-73.88734723.
VHF Channel: 16.
Dates of Operation: Memorial Day-November 1, Mon.-Sun.
Hours of Operation: 24 Hours.
Facility Fee: $0.00.
Vessel Size: Unlimited.
Disposal/Treatment: N/A.
In addition, some pumpouts that were included in the tentative
decision are no longer available. These are listed below. Midway Marina
and Service, Weedsport, NY, Fisher Bay Marina, Bridgeport, NY, Cold
Springs Harbor, Baldwinsville, NY.
Determination: 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 the New York State Canal System, including the 524 linear
miles of navigable waterways within the Erie, Oswego, Champlain, and
Cayuga-Seneca canal segments, and including Onondaga, Oneida, and Cross
Lakes.
Dated: May 14, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-12653 Filed 5-26-10; 8:45 am]
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