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 Environmental Protection Agency [FRL-9292-3]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Notice—Receipt of petition and tentative affirmative determination.
 SUMMARY: Notice is hereby given that, pursuant to Clean Water Act, Section 312(f)(3) (33 U.S.C. 1322(f)(3)), the State of New York has determined that the protection and enhancement of the quality of the New York State areas of the Long Island Sound requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 2, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. New York State has proposed to establish a “Vessel Waste No-Discharge Zone” for the Long Island Sound that encompasses approximately 760 square miles, includes the open waters, harbors, bays and navigable tributaries of the Sound and a portion of the East River, from the Hell Gate Bridge in the west to the northern bounds of Block Island Sound in the east. It excludes waters of Mamaroneck Harbor, Huntington-Northport Bay Complex, Port Jefferson Complex, Hempstead Harbor and Oyster Bay/Cold Spring Harbor Complex, which have been previously designated as No Discharge Zones.
 DATES: Comments regarding this tentative determination are due by May 11, 2011.
 ADDRESSES: You may submit comments by any of the following methods: *E-mail: chang.moses@epa.gov.*
                         Include “Comments on Tentative Affirmative Decision for NYS LIS NDZ” in the subject line of the message.
                    *Fax:*
                         212-637-3891.
                    *Mail and Hand Delivery/Courier:*
                         Moses Chang, U.S. EPA Region 2, 290 Broadway, 24th Floor, New York, NY 10007-1866. Deliveries are only accepted during the Regional Office's normal hours of operation (8 a.m. to 5 p.m., Monday through Friday, excluding federal holidays), and special arrangements should be made for deliveries of boxed information.
 FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, e-mail address: 
                        *chang.moses@epa.gov.*


SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New York (NYS or State) has petitioned the United States Environmental Protection Agency, Region 2, (EPA) 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 the NYS areas of the Long Island Sound (LIS or Sound). Adequate pumpout facilities are defined as one pumpout station for 300-600 boats under the Clean Vessel Act: Pumpout Station and Dump Station Technical Guidelines (
                    **Federal Register**
                    , Vol. 59, No. 47, March 10, 1994). The Long Island Sound is one of the nation's premier water bodies, and supports a variety of possible uses—fish and shellfisheries, fish spawning areas, breeding grounds, valuable wildlife habitats, bathing beaches, commercial and recreational boating, and a profusion of recreational resources. In 1985, recognizing the Sound's ecological and economic value, New York State partnered with Connecticut and the EPA to create and support the Long Island Sound Study (LISS). The Sound was recognized as an Estuary of National Significance under the Clean Water Act in 1988, and as such, is one of the nation's twenty-eight (28) National Estuary Programs. The ecological, economic, and recreational resources provided by the Long Island Sound are vulnerable to the effects of poor water quality. The Sound was once home to some of the most productive shellfish beds in the nation, but many have now closed due to pathogen, low dissolved oxygen, and excessive nutrient contamination. The State of Connecticut designated the Connecticut portion of the Long Island Sound as a No-Discharge Zone (NDZ) in 2007. Previously established No-Discharge Zones in both New York State and Connecticut have made important reductions in vessel waste as a source of water pollution in the Long Island Sound. Degradation of any area, however, affects the whole. Extending the No-Discharge Zone designation to the remainder of the Long Island Sound would therefore be a positive component of an overall strategy to protect and improve these waters and would create a unified approach to vessel waste for the entirety of this waterbody. In order for EPA to determine that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the New York State areas of the Long Island Sound, the State must demonstrate that the pumpout-to-vessel ratio does not exceed 1:300. In its petition, the State described the recreational and commercial vessels that use the Sound, and the pumpout facilities that are available for their use. The recreational vessel population, 11,693, was estimated using 2008 recreational vessel registrations. In addition to recreational vessels, the Sound is used by commercial vessels. The majority of commercial vessels are small fishing vessels, tankers, tugs, or barges. Because the small fishing vessels are comparably sized to the bulk of recreational vessels, they can make use of the existing vessel pumpouts that are available for recreational vehicles. The small commercial vessel population, 500, was estimated based on aerial photographs used to develop the 1996 Statewide Clean Vessel Plan. The figures for recreational and small commercial vessels were then compared to the number of pumpouts available to determine the applicable ratio and whether the requirement is met. There are fifty-two (52) pumpout facilities funded by the Clean Vessel Assistance Program (CVAP) in the relevant areas of the Sound. Of those, twenty-six (26) discharge to a holding tank and twenty-six (26) discharge to a municipal wastewater treatment plant. There are also sixteen (16) other (non-CVAP funded) pumpouts available for recreational and small commercial vessels that either discharge to a holding tank or to a municipal wastewater 
                    ( print page 19990)
                    treatment plant. Therefore, the total number of pumpouts available for the 12,193 recreational and small commercial vessels that use the Sound is sixty-eight (68), and the pumpout-to-vessel ratio for those vessels is 1:179.3 (68:12,193). The number of large commercial vessels was estimated using the following information sources: ballast manifests; U.S. Coast Guard assessments; phone contacts with ferries, cruise ships, the State University of New York (SUNY), and the Port Authority of New York and New Jersey. On any given day, the numbers of large vessels in the New York waters of the Long Island Sound is very low, partially due to complex navigational issues. Tankers, tugs, cruise ships and barges have access to mobile pumpout facilities (i.e., “honey-dipper” trucks or boats) as they do in Connecticut, or may access pumpout facilities at their home port, outside of the region, eliminating the need for services within the Sound. Ferries constitute the greatest need for pumpouts for large commercial vessels. The New London to Orient Point Ferry does not discharge to LIS waters. It pumps waste from its ferries into the New London City sewer system. The Bridgeport to Port Jefferson Ferry could discharge its waste into a sewage system operated by either the Town of Port Jefferson, or Suffolk County, and the ferry company is in the process of negotiating an agreement to do so. In the interim, septic truck services are readily available for pumpout while the ferries are docked in Bridgeport. SUNY Maritime College's large vessel is equipped with a marine sanitation device (MSD) that it discharges to the open sea or when docked in its home port at Fort Schuyler. SUNY may install a sewer pipe on the pier so that the vessel can discharge to the municipal system. In the interim, septic truck services are readily available for pumpout when in port at Fort Schuyler. A list of the facilities, phone numbers, locations, hours of operation, water depth and fee is provided as follows: List of Pumpouts in the LIS NDZ Proposed Area
No.
Name
Location
Contact 
                             information
Dates/days/hours of 
                             operation
Water depth (feet)
Fee1
Wright Island Marina
Milton Harbor, New Rochelle
914-235-8013
Memorial Day to Labor Day; daily; 9 a.m.-5 p.m
10
$5.00.2
Nichols Yacht Yard, Inc
Mamaroneck Harbor, Mamaroneck
914-698-6065
Apr 15-Oct 15; daily; 9 a.m.-5 p.m.
8
Free.3
Village of Mamaroneck—Harbor Island East and West Basin
Mamaroneck Harbor, Mamaroneck
914-777-7703; VHF 16
Apr-Nov; Mon-Sun (in season); 24 hours
8.5
Free.4
City of Rye—Municipal Boat Basin
Milton Harbor, Rye
914-967-2011; VHF 16
Apr 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m
5
Free.5
Town of Huntington—Cold Spring Harbor Replace
Cold Spring Harbor, Huntington
631-351-3049; VHF 9
May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m
6
Free.6
Village of Greenport—Boat Engine Replacement
Greenport Harbor, Greenport
631-477-2385; VHF 9
May 1-Oct 31; Mon-Sun; 8 a.m.-5 p.m
N/A
$5.00.7
Port of Egypt Marine, Inc
Southold Bay, Southold
631-765-2445
Apr-Nov; Mon-Sun; 7:30 a.m.-5 p.m
4
$5.00.8
Claudio's Marina
Greenport Harbor, Greenport
631-477-0355; VHF 9
Apr 1-Nov 1; Mon-Sun; 8 a.m.-5 p.m
10
Free.9
Albertson Marine Inc
Southold Bay, Southold
631-765-3232; VHF 16 & 18
Apr-Dec (Closed Sundays, Jan-Mar); Mon-Sun, 8 a.m.-5 p.m. (Sun 9 a.m.-3 p.m.)
5
$5.00.10
Fishers Island Yacht Club Boat
Southold Bay, Fisher's Island
631-788-7036; VHF 73
Memorial Weekend to Columbus Day; Sat, Sun, & Holidays; 9 a.m-6 p.m.
10
Free.11
Old Dock Bluff Park Replace
Stony Brook Harbor, Smithtown
631-360-7514; VHF 16
Apr-Oct; Mon-Sun; 24 Hrs
4
Free.12
Town of Smithtown—Long Beach Mooring Area
Stony Brook Harbor, St. James
631-360-7643; VHF 16
Apr-Oct; Mon-Sun; 24 hours
4
Free.13
Coecles Harbor Marina and Boatyard, Inc
Coecles Harbor, Shelter Island
631-749-0700; VHF 9
May 15-Oct 12; Mon-Sun; 8 a.m.-5 p.m
6
$5.00.14
Village of Northport-Pumpout Boat
Northport Harbor, Northport
631-261-7502; VHF 9
May 15-Oct 15; Mon-Sun; 9 a.m.-5 p.m
N/A
Free.15
Town of Huntington—Woodbine Marina
Northport Harbor, Northport
631-351-3192; VHF 9
May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m
6
Free.16
Town of Huntington—South Town Dock
Huntington Harbor, Halesite
631-351-3049; VHF 9
May 1-Oct 31; Mon-Sun; Boats 8 a.m.-8 p.m.; Stationery station 24 hours
10
Free.17
Town of Huntington-Mill Dam Marina Pumpout
Huntington Harbor, Huntington
631-351-3049; VHF 9
Apr 1-Sept 30; Mon-Sun; 24 hours
6
Free.18
Town of Huntington—Huntington Boat Pumpout
Lloyd Harbor, Huntington
631-351-3049; VHF 9
Apr 20-Nov 30; Sat, Sun, & Holidays; 10 a.m.-8 p.m
8
Free.( print page 19991)19
Town of Huntington—Halesite Marina Pumpout
Huntington Harbor, Huntington
631-351-3049; VHF 9
Apr 1-Sept 30; Mon-Sun; 24 hours
10
Free.20
Town of Huntington—Halesite Marina Boat
Huntington Harbor, Huntington
631-351-3049; VHF 9
Memorial Day to Labor Day; Sat & Sun; 10 a.m.-8 p.m
N/A
Free.21
Town of Huntington—Gold Star Battalion
Huntington Harbor, Huntington
631-351-3049; VHF 9
May 1-Oct 31; Mon-Sun; 8 a.m.-8 p.m
8
Free.22
Huntington Yacht Club
Huntington Harbor, Huntington
631-427-4949; VHF 68
Apr 15-Nov 15; Mon-Sun; 8 a.m.-8 p.m
8
$5.00.23
Town of Huntington-Mill Dam Marina Pumpout Upgrade
Huntington Harbor, Huntington
631-351-3049; VHF 9
Apr 1-Dec 31; Mon-Sun; 24 hours
10 low tide
Free.24
Town of Brookhaven-Port Jefferson Boat-Replacement
Port Jefferson and Setauket Harbors & Conscience Bay, Port Jefferson
631-473-3052; VHF 73
May 15-Sept 15; Weekends & Holidays; 8 a.m.-4 p.m
N/A
Free.25
Town of Brookhaven—Mt. Sinai Boat-Replacement
Mt. Sinai Harbor, Port Jefferson
631-473-3052; VHF 73
Mid-May to Mid-Sept; Weekends & Holidays; 8 a.m.-4 p.m
N/A
Free.26
NYCDEP-World's Fair Marina
East River, Flushing
631-595-4458; VHF 71
May 1-Oct 31; Mon-Sun; 8 a.m.-6 p.m
8
Free.27
NYCDEP-Bayside Marina
Little Neck Bay, Flushing
718-595-4458; VHF 72
May 1-Oct 31; Mon-Sun; 24 hours
4-12
Free.28
Capri Marine & Yachting Center
Manhasset Bay, Port Washington
516-883-7800; VHF 9 & 71
May 1-Oct 31; Mon-Sun; 8 a.m.-10 p.m
1.5
Free.29
Town of Oyster Bay—Theodore Roosevelt Beach & Marina Upgrade
Oyster Bay
516-624-6180
N/A
N/A
Free.30
Town of Oyster Bay—Tappen Beach & Marina
Hempstead Harbor, Glenwood Landing
516-624-6180; VHF 9
Jan-Dec; Mon-Sun; 24 hours
7-8
Free.31
Sea Cliff Yacht Club
Hempstead Harbor, Sea Cliff
516-671-7374; VHF 9
May 15-Sept 15; Mon-Fri; 9 a.m.-5 p.m
8
$5.00.32
Town of North Hempstead—Port Washington Dock Pump Replacement
Hempstead Harbor, Port Washington
516-767-4622; VHF 9 & 16
May 15-Nov 1; Mon-Sun; 24 hours
7
Free.33
Town of North Hempstead—Manorhaven Beach Park
Manhasset Bay, Port Washington
516-767-4622
May 15-Nov 1; Wed-Sun; 8 a.m.-4 p.m
6
Free.34
Town of North Hempstead-Bar Beach Park
Hempstead Harbor, Port Washington
516-767-4622; VHF 9 & 16
Apr-Oct; Mon-Sun; 24 hours
6
Free.35
Manhasset Bay Marina (Port Washington)—1995 Project
Manhasset Bay, Port Washington
516-883-8411; VHF 9 & 71
Apr 1-Oct 1; Mon-Sun; 24 hours
15
Free.36
InspirationWharf, c/o Ventura Management Corp
Manhasset Bay, Port Washington
516-883-7800; VHF 7 & 9
May 1-Oct 31; Mon-Sun; 8 a.m.-10 p.m
6
Free.37
U.S Merchant Marine Academy
Little Neck Bay, Kings Point
516-773-5798
Jan-Dec; Mon-Sun; 9 a.m.-3 p.m
6
Free.38
Glen Cove Yacht Service & Repair, Inc.
Hempstead Harbor, Glen Cove
516-676-0777
Apr-Oct; Mon-Sun; 24 hours
6
$5.00.39
City of Glen Cove—Glen Cove Yacht Club
Hempstead Harbor, Glen Cove
516-676-1625
N/A
7
Free.40
Brewer Marina at Glen Cove
Hempstead Harbor, Glen Cove
800-331-3077; VHF 9 & 16
May 1-Oct 31; Mon-Sun; 7:30 a.m.-4 p.m
6
$5.00.41
NYCDEP—Locust Point Marina
Pelham Bay, Bronx
718-595-4458; VHF 68
May 1-Oct 31; Mon-Sun; Sunrise to Sunset
4
Free.42
City Island Yacht Sales—Pumpout Boat
Pelham Bay, City Island
718-885-2300; VHF 9
Apr 1-Dec 8; Mon-Sun; 8 a.m.-4:30 p.m
N/A
$5.00.43
City of New Rochelle—Municipal Marina
New Rochelle Creek & Lower Harbor, New Rochelle
914-235-7339; VHF 9 & 16
Apr-Nov 30; Mon-Sun; 24 hours
8
Free.44
Town of Oyster Bay—Theodore Roosevelt Beach & Marina Boat Rep
Oyster Bay Harbor and Mill Neck Bay, Oyster Bay
516-624-6180; VHF 9
Apr 1 to Mid-Nov; 7 days/week; 24 hours
7-8
Free.( print page 19992)45
Haven Marina
Manhasset Bay, Port Washington
516-883-0937
May-Sept; Mon-Sun; Sunrise to Sunset
8
Free.46
Town of Smithtown—Long Beach Park East Replacement
Stony Brook Harbor, St. James
631-360-7620; VHF 16
Apr-Oct; Mon-Sun; 24 hours
4
Free.47
West Shore Marine
Esopus-Lloyd—Marlborough, Marlboro
VHF 16 & 19
Mon-Sat, 8 a.m.-5 p.m.; Sun, 10 a.m.-5 p.m
N/A
Free.48
City of New Rochelle—Pumpout Boat
Echo Bay, New Rochelle
914-235-7339; VHF 9
Memorial Day to Labor Day; Fri-Mon; 8 a.m.-4 p.m
N/A
Free.49
City of New Rochelle—Municipal Marina
New Rochelle Creek & Lower Harbor, New Rochelle
914-235-7339; VHF 9 & 16
Apr-Nov 30; Mon-Sun; 24 hours
8
Free.50
Town of Huntington—Mill Dam Boat
Huntington Harbor, Huntington
631-351-3049; VHF 9
Apr 20-Sept 30; Sat, Sun & Holidays; 10 a.m.-8 p.m
8
Free.51
Manhasset Pumpout Boat
Manhasset Bay, Syosset
516-677-5853
Fri-Sun & Holidays; 10 a.m.-6 p.m
Varies
Free.52
North Hempstead Pumpout Boat
Manhasset Bay
516-767-4622; VHF 9 or 71
Apr 1-Oct 30; Mon-Fri; 9 a.m.-3 p.m
Varies
Free.53
Tappen Marina Pumpout Boat
Oyster Bay Harbor and Mill Neck Bay, Oyster Bay
516-677-5853; VHF 9
June-Oct; Fri-Mon; 8 a.m.-6 p.m
Varies
Free.54
Western Waterfront Pier
Oyster Bay Harbor, Oyster Bay
VHF 9
Memorial Day to Labor Day; 7 days/week; 24 hours
N/A
Free.55
Theodore Roosevelt Pumpout Boat
Oyster Bay Harbor and Mill Neck Bay, Oyster Bay
516-677-5853; VHF 9
Mid-Apr to Oct 31; Thu-Sun; 10 a.m.-6 p.m
Varies
Free.56
Soundview Boat Ramp
Northport Harbor, Northport
631-351-3255; VHF 9
Memorial Day to Labor Day; Sat & Sun; 8 a.m.-8 p.m
6′ at low tide; 12′ at high tide
Free.57
Island Boat Yard
West Neck Harbor, Shelter Island
631-749-3333; VHF 9
Apr 15-Oct 15; Mon-Sun; 9 a.m.-5 p.m
15
$5.00.58
Port Jefferson Marina
Port Jefferson Harbor, Port Jefferson
631-331-3567; VHF 9 for marina, VHF 73 for pumpout boats
Boats: May to Mid-Sept; Fri, Sat, & Sun; 8 a.m.-6 p.m. Barge: May-Nov; 7 days/week; 24 hours
11
Free.59
Brewer Yacht Yard
Greenport Harbor, Greenport
631-477-9594; VHF 9
Year-round however they do winterize. If requested, can run the pumpout in winter conditions. 7 days/week, 24 hours
8
Free for self service; $5.00 for assistance from attendant.60
Brewer Yacht Yard
Greenport Harbor, Greenport
631-477-0828; VHF 9
5 days/week, year-round; Mon-Fri 7:30 a.m.-4 p.m.; Sat in off season 8-12; Sat in season 7:30 a.m.-7 p.m
7-8
N/A61
Brick Cove Marina
Southold Harbor, Southold
631-477-0830
Mar-Dec; Mon-Fri, 7 a.m.-4 p.m.; Sat 9 a.m.-5 p.m.; Sun 1:30 p.m.-4 p.m
6
Yes, for non-marina customers.62
Goldsmith's Boat Shop
Southold Bay, Southold
631-765-1600
Year round; 7 days/week (closed Sun in Jan & Feb); 8:30 a.m.-4:30 p.m. (Sun 9 a.m.-4:30 p.m.)
6
N/A( print page 19993)63
Mt. Sinai Yacht Club
Mt. Sinai Harbor, Mt. Sinai
631-473-2993; VHF 16
May 15-Oct 1; May & June, open Fri, Sat, & Sun; June to Labor Day, open 7 days/week; 9 a.m.-6 p.m
20
None for members; $15 for outside boaters.64
Mt. Sinai Marina
Mt. Sinai Harbor, Mt. Sinai
631-928-0199; VHF 9 & 73
Marina: Mother's Day to 1st weekend in Nov. Pumpout boats: May to Mid-Sept (8 a.m.-6 p.m.)
6
Free65
Old Man's Boatyard
Mt. Sinai Harbor, St. James
631-473-7330
Apr 15-Oct 15; Mon-Fri; 8 a.m.-4 p.m
8
$50 for pumpout.66
Danford's Marina
Port Jefferson Harbor, Port Jefferson
631-928-5200; VHF 9
May 1-Oct 31; 7 days/week; 7 a.m.-9 p.m
3-10
Free67
Knutson West Marina
Huntington Harbor, Huntington
631-549-7842
N/A
N/A
N/A68
Seymour's Boatyard
Northport Harbor, Northport
631-261-6574
Apr 15-Oct 31; 7 days/week; hours vary
7
N/A.
 Based on the above, EPA hereby proposes to make an 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 New York State Long Island Sound. A 30-day period for public comment has been opened on this matter, and EPA invites any comments relevant to its proposed determination. Dated: March 31, 2011. Judith A. Enck, Regional Administrator, Region 2.


[FR Doc. 2011-8463 Filed 4-8-11; 8:45 am] BILLING CODE 6560-50-P