[Federal Register Volume 67, Number 44 (Wednesday, March 6, 2002)]
[Notices]
[Pages 10208-10210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5313]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7153-5]
New York State Prohibition on Marine Discharges of Vessel Sewage;
Receipt of Petition and Tentative Determination
Notice is hereby given that a petition was received from the State
of New York on July 5, 2001 requesting a determination by the Regional
Administrator, Environmental Protection Agency (EPA), pursuant to
section 312(f) 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
[[Page 10209]]
available for the waters of the Peconic Estuary, County of Suffolk,
State of New York. The Towns of East Hampton, Riverhead, Shelter
Island, Southampton, and Southold, and the Villages of Dering Harbor,
Greenport, North Haven, and Sag Harbor are seeking to establish a New
York State Designated No-Discharge Zone for the open waters, harbors
and creeks on the Peconic Estuary, Suffolk County, New York west of a
line from Orient Point (41.16133, -72.23065) to Montauk Point
(41.07312, -71.8570).
Once the EPA has determined that the waterbody contains an adequate
number of pumpouts, it is automatically a State designated No-Discharge
Zone, pursuant to Section 33.e.1. of the New York State Navigation Law.
Within the No-Discharge Zone, discharges from marine toilets are
prohibited under Section 33.e.2 of the State Navigation Law, and marine
sanitation devices on board vessels operated in a No-Discharge Zone
must be secured to prevent discharges. This statute may be enforced by
any police officer or peace officer acting pursuant to their special
duties.
A New York State Designated No-Discharge Zone has already been
established in the Town of East Hampton (1998) for the enclosed harbors
and creeks on the Peconic Estuary from the Sag Harbor Village line to
Montauk Point, Town of East Hampton, Suffolk County, New York. The
existing NDA includes Northwest Creek, Accabonac Harbor, Three Mile
Harbor, Napeague Harbor, Hog Creek and Lake Montauk.
The open waters, harbors and creeks of the Peconic Estuary support
significant shellfisheries, fish spawning, nursery and feeding areas,
primary contact recreation such as swimming, and are or have within
them State designated Significant Coastal Fish and Wildlife Habitats.
Vessel counts indicate that there are approximately 7,000 to 11,300
boats in the area on an average summer weekend.
These areas provide important natural and recreational resources
that contribute significantly to the local, regional and state economy
and the protection and enhancement of these waters is crucial to
maintaining the natural resource values and economic viability of
traditional maritime commercial and recreational activities.
For many years, most of the Peconic Estuary was open for
shellfishing. However, beginning in the mid-1980's, the creeks and
embayments experienced partial seasonal closures due to coliform
bacteria levels. At present, the major creeks and embayments experience
closure on a year round or a seasonal basis due to high levels of
coliform bacteria in the water. Although vessel waste may be a
relatively small contributor to marine pollution in general in the
Peconic Estuary, pollution from boats has been identified in the New
York State Priority Waterbodies List as one of several key pollution
sources that has led to shellfish being classified as an impaired use
in water quality classifications within the Peconic Estuary.
According to the State's petition, the maximum daily vessel
population for the waters of the Peconic Estuary is 11,247 vessels
which are docked or moored. An inventory was developed including the
number of recreational, commercial and estimated transient vessels that
occupy the estuary. The following table summarizes the location of
pumpout facilities and vessel populations:
------------------------------------------------------------------------
Waterbody Vessels Pumpouts
------------------------------------------------------------------------
Orient Harbor....................................... 281 0
Greenport Harbor.................................... 1026 2
Southold Bay........................................ 1319 4
Hog Neck Bay........................................ 251 0
Cutchogue Harbor Complex............................ 699 2
Southold............................................ 449 2
Flanders Bay Complex................................ 572 4
Red Creek Pond...................................... 187 0
Cold Springs Pond................................... 341 3
Bullhead Bay/Sebonac Complex........................ 76 1
North Sea Harbor.................................... 253 0
Noyack Sea Harbor................................... 300 0
Sag Harbor Complex.................................. 1867 2
Three Mile Harbor................................... 1262 8
Accabonac Harbor.................................... 56 0
Napeague Harbor..................................... 20 0
Lake Montauk........................................ 1274 6
Dering Harbor....................................... 381 1
Coecles Harbor...................................... 287 1
West Neck Harbor.................................... 346 0
-------------------
Total........................................... 11247 36
------------------------------------------------------------------------
The ratio of boats to pumpout facilities has been based on the
total number of vessels which could be expected. With thirty shore-side
pumpout facilities and six pumpout vessel available to boaters, the
ratio of docked or moored boats (including transients) is approximately
311 vessels per pumpout. Standard guidelines refer to acceptable ratios
failing in the range of 300 to 600 vessels per pumpout.
There are commercial vessel operators active in and around the
Peconic Estuary. These include the Cross Sound Ferry, the Plum Island
Ferry, the Shelter Island Ferry and the commercial fishing fleets which
operate out of Greenport and East Hampton. Cross Sound Ferry has a
fleet of seven vessels. Six of these accommodate autos, trucks, buses
and passengers. Cross Sound Ferry also offers high speed ferry service
on its passenger only vessel, Sea Jet I. The ferries run hourly from
each location, generally between 7 a.m. and 9 p.m., although the
schedule varies with the season and at holidays. All of the Cross Sound
Ferry fleet have holding tanks. These are pumped out at its facility in
New London. Waste is emptied into the sewer system for treatment at the
New London Sewage Treatment Plant. The Plum Island Ferry operates three
vessels between Orient Point and the USDA facility on Plum Island.
Vessel waste from the ferries is pumped out and treated at the sewage
treatment facility at Plum Island.
Two vehicle ferries run between Shelter Island and the mainland.
The North Ferry Co., Inc. provides ferry service between the Village of
Greenport and the Town of Shelter Island. The North Ferry operates four
100-ton, 90-foot-long ferries, each capable of carrying cars, trucks,
bicycles, and passengers. The ferry operates between 5:40 a.m. and
11:45 p.m., running every 15 minutes between 7:15 a.m. and 10:15 p.m.,
with additional trips on holiday weekends. No restroom facilities are
on board.
South Ferry Inc. of Shelter Island provides ferry service between
the Town of Shelter Island and the Village of North Haven. The South
Ferry operates 3 ferries, each capable of carrying cars, trucks,
bicycles, and passengers. The ferry operates between 6 a.m. and 11:45
p.m., running every 10-12 minutes, with additional trips on holiday
weekends. No restroom facilities are on board.
Greenport is home to a commercial fishing fleet. Although subject
to turnover and change, the fleet has an estimated 16 vessels. The
Village of Greenport Harbor Management Plan (December 1998) identified
3 bay draggers operating out of Stirling Basin and 11 trawlers and 2
scallopers operating from facilities in Greenport Harbor, including
Coopers, Greenport Yacht and Shipbuilding and the Village of
Greenport's commercial fishing dock. The Greenport Seafood Dock and
Market and the Greenport Fish factory provide facilities for the
unloading and distribution of fish and are used by both local and
offshore fleets. The Village's commercial fishing dock, known as the
railroad dock, is a layover facility for commercial craft and is not a
full service facility. Discussions with the commercial fishing fleet
indicate that they discharge holding tanks outside the three mile
limit.
Commercial fishing facilities in East Hampton are concentrated in
Three
[[Page 10210]]
Mile Harbor and Lake Montauk. Data from the Town of East Hampton Draft
LWRP (Feb 1999) indicate that the Town's Commercial Dock at the end of
Gann Road on Three Mile Harbor serves 5-6 bay trawlers, 3-5 lobster
boats and three or more trap fishermen. Lake Montauk is an important
commercial fishing center and has an extensive and varied fleet.
Although subject to turnover and change, the fleet has at times
comprised as many as 44 ground fish trawlers, 12 inshore and 7 offshore
lobster boats, and 53 long-liners, including as many as 30 transient
boats from other areas of the East Coast. (A. T. Kearney, Development
of a Commercial Fisheries Industry Strategy for the State of New York,
1989). Commercial dock space is available at two municipal and four
private docks on Star Island and on West Lake Drive, two facilities on
East Lake Drive and two facilities on the west side of the Inlet.
Discussions with the commercial fishing fleet indicate that they
discharge holding tanks outside the three mile limit.
There is one recreational party fishing boat that operates out of
Greenport, the Peconic Star II. It docks at the Mitchell site and has a
capacity for up to 150 persons. This vessel has two 60 gallon holding
tanks and these are pumped out by a septic truck. The Peconic Queen
operates out of the Peconic River in Riverhead and tours the estuary.
This vessel has a holding tank and pumps out at the Town of Riverhead
pumpout in downtown Riverhead. Montauk is also home to charter boats
for offshore sport fishing and the Viking passenger ferry fleet.
Interviews indicate that these vessels discharge holding tanks outside
the three mile limit.
The EPA hereby makes a tentative affirmative determination that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are reasonably available for the Peconic
Estuary in the County of Suffolk, New York. A final determination on
this matter will be made following the 30-day period for public comment
and will result in a New York State prohibition of any sewage
discharges from vessels in the Peconic Estuary.
Comments and views regarding this petition and EPA's tentative
determination may be filed on or before April 5, 2002. Comments or
requests for information or copies of the applicant's petition should
be addressed to Walter E. Andrews, U.S. Environmental Protection
Agency, Region II, Water Programs Branch, 290 Broadway, 24th Floor, New
York, New York, 10007-1866. Telephone: (212) 637-3880.
Dated: February 20, 2002.
Jane M. Kenny,
Regional Administrator, Region II.
[FR Doc. 02-5313 Filed 3-5-02; 8:45 am]
BILLING CODE 6560-50-P