Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Notices 32091

In exchange, the United States grants a

covenant not to sue, intended to release

the City from liability which otherwise

would stem from ownership of the

Property. The City agrees to pay the

purchase price to EPA ($81,000) and to

DOI ($5,000). The purchase price is in

accordance with fair market value of the

property as determined by an appraiser

and appraisal approved by the

Department of Justice. Under the terms

of the Agreement and Covenant Not to

Sue, the City will also place a restrictive

covenant on the land that restricts

residential development. In exchange,

the City will receive a covenant not to

sue for response actions and costs

relating to the Site pursuant to Section

107(a) of CERCLA. The City will also

receive a covenant not to sue for natural

resource damages under CERCLA.

Dated: April 24, 2000.

Nathaniel Scurry,

Acting Regional Administrator, United States

Environmental Protection Agency, Region VII.

[FR Doc. 00–11564 Filed 5–19–00; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6704–3]

New Jersey State Prohibition on

Marine Discharges of Vessel Sewage;

Notice of Final Affirmative

Determination

Notice is hereby given that a final

determination has been made 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

available for the waters of the

Shrewsbury River, County of

Monmouth, State of New Jersey. A

Notice of Receipt of Petition and

Tentative Determination was published

in the Federal Register on April 3, 2000

and public comments regarding the

tentative determination were accepted

through May 3, 2000.

Comments were received from four

individuals, one supporting and three

objecting to the establishment of the

Shrewsbury River No Discharge Area.

These individuals are as follows:

Philip G. Conner, Crockett Brothers

Boatyard, P.O. Box 369, Oxford,

Maryland 21654

Shoreway Marine, Inc. Highway 73,

West Berlin, New Jersey 08091

Kim Shinn, Raritan Engineering, P.O.

Box 1157, Millville, New Jersey 08332

Monmouth County Board of Health,

P.O. Box 1255, Freehold, New Jersey

07728–1255

One individual stated that his boating

experience on the Manasquan River and

the Shark River has been that the

pumpouts located in the No Discharge

Area are accessible but are not readily

available. This individual attempted on

five different occasions to have his

holding tank pumped out and was not

successful. He wonders how EPA and

the New Jersey Department of

Environmental Protection (NJDEP)

intend to enforce an additional No

Discharge Area if the agencies have not

addressed the current problems on the

Manasquan River and the Shark River.

In response to these comments, EPA

acknowledges that pumpout facilities

will occasionally be out of service, but

this fact does not require a fundamental

change to the No Discharge Area

program. The commenter did not

provide the specifics regarding these

attempted pumpouts, such as whether

all five attempts were at the same

pumpout, the dates that these attempts

occurred or the circumstances which

prevented him from using the

pumpouts. Another commenter stated

that the Shark River pumpouts were not

available beginning late August 1999.

The commenter stated that this forced

boaters to discharge their holding tanks

into the Shark River. In response, EPA

and NJDEP have attempted to get

problems corrected when they are

brought to our attention. Also, for the

Shrewsbury River, the application

documents that all of the existing

pumpouts are expected to be available

for the entire boating season.

Several commenters objected to the

vessel population numbers and the

calculations used to estimate the

number of pumpouts needed based on

the vessel population. They feel that the

vessel population at private docks is too

low and that peak occupancy rates are

too low. The commenters also stated

that the equations are old, outdated and

need to be reevaluated. In response, the

vessel population numbers are based on

survey done by the local environmental

commissions. These surveys were

conducted on the water using visual

observations to count the boats at

private docks. The methods used to

estimate the vessel populations are

standard procedures established in the

1994 Clean Vessel Act Grant Program

and the 1994 EPA guidance document

entitled ‘‘Protecting Coastal Waters from

Vessel and Marina Discharges’’ and

have been accepted by EPA as valid

numbers. Regarding the equations used

to estimate the numbers of pumpouts to

service the vessel population in the

Shrewsbury, two different methods

were used to calculate the number of

pumpouts needed, which is between

two and four pumpouts. There are five

pumpouts currently available and

another three facilities have been

proposed. Based on the information

provided by the commenters, no

revision was made to the calculations.

Another comment concerned the lack

of dump stations for disposal of waste

from portable toilets. In response, EPA

notes that the pumpouts which received

Clean Vessel Act grant monies came

equipped with wand systems. The

wands permit the portable toilets to be

pumped out in a safe and sanitary

manner.

Another commenter asked what a

boater returning after 6 p.m., when all

the facilities have closed, should do to

pump out a holding tank. In response,

the boater has three options: they can

pump the holding tank prior to the next

trip out during business hours; they can

pump out at a facility on the Navesink

River such as Marine Park which is

open 24 hours a day; or they can

discharge the holding tank if they are

beyond the three mile limit. The same

commenter stated that there are many

commercial fishing vessels ‘‘in the area’’

that operate year round and questioned

how such an operator would pump out

in the off season. In response, EPA

acknowledges that there are some

vessels which operate off season ‘‘in the

area’’, but we note that the commenter

has not documented that such vessels

are active on the Shrewsbury River. The

application provided did not identify

any off season commercial vessels

which are based in or active on the

Shrewsbury River.

Another comment recommended that

current laws should be enforced by the

State of New Jersey and the New Jersey

Marine Police instead of proceeding

with this No Discharge Area proposal.

In response, EPA is obligated to act on

the application submitted, and we are

without authority to require the state

and local applicants to implement

alternate approaches.

Another comment relates to the

scheduling of a press event for May 11,

2000 while the comment period was

still open. In response, the tentative

scheduling of the event in advance of a

final determination is required due to

the busy schedules of EPA and NJDEP

senior managers. In the event that a final

determination had not been made or

that the final determination was to deny

the request, the press event would be

32092 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Notices

canceled, rescheduled or held to explain

the grounds for denial.

Another comment concerned a survey

of the boats registered in the State of

Maryland indicating that 5.2% of the

vessels were equipped with either a

Type I or Type II Marine Sanitation

Device (MSD). This commenter stated

that little if any environmental benefit

would be gained by elimination of these

flow through discharges. In response,

EPA contends that elimination of any

source of pollutants results in an

environmental benefit. This individual

also stated that it is a well known fact

that the existing, national prohibition on

the discharge of untreated vessel sewage

waste is not enforced. In response, EPA

notes that New Jersey has prosecuted

two boat captains criminally for

discharging vessel waste. New Jersey

conducted an investigation of the

fishing fleet operating out of the Belmar

Marina and found one boat that was

discharging into the Shark River, a

designated No Discharge Area. Further,

it must be noted that EPA’s decision in

this matter is limited to the adequacy

and availability of pumpout facilities,

and these comments are not relevant to

this specific decision.

A comment was received that

contends the establishment of a No

Discharge Area makes the use of Type

I and Type II MSDs illegal. In response,

this is not the case. The discharge of

sewage from any vessels while inside

the Area is prohibited. The use of a

Type I or Type II MSD is not illegal once

outside the No Discharge Area.

One individual advocated enforcing

the existing laws, revising the standards

for Type I and Type II MSDs to reflect

the current state of the art technology

and establishment of No Discharge

Areas only where scientific evidence

shows that boats discharging sewage are

the cause of the water quality problems.

In response, EPA agrees that existing

laws should be enforced. EPA also

agrees that technology-based standards

should be determined by the best

technology available. EPA Headquarters

is currently considering a review of the

technology for this purpose. We

disagree that No Discharge Areas should

only be established in areas where

boaters have been determined to be the

source of water quality problems. EPA

supports the reduction of all known

sources of pollution to address water

quality impairment problems. These

sources should include point and nonpoint sources alike.

One comment received supports the

establishment of the No Discharge Area.

This petition was made by the NJDEP

in cooperation with the North Coast

Regional Environmental Planning

Council (NCREPC), New Jersey Marine

Sciences, Marine Trades Association of

New Jersey, Monmouth County

Planning Board, Monmouth County

Environmental Council and Monmouth

County Board of Health. Members of the

NCREPC include the Borough of

Eatontown, the Borough of Fair Haven,

the Borough of Little Silver, the City of

Long Branch, the Borough of Monmouth

Beach, the Borough of Oceanport, the

Borough of Red Bank, the Borough of

Rumson, the Borough of Sea Bright, the

Borough of Shrewsbury, the Township

of Shrewsbury, the Borough of Tinton

Falls, and the Borough of West Long

Branch. Upon receipt of this affirmative

determination in response to this

petition, NJDEP will completely

prohibit the discharge of sewage,

whether treated or not, from any vessel

in Shrewsbury River in accordance with

section 312(f)(3) of the Clean Water Act

and 40 CFR 140.4(a).

The Shrewsbury River is located in

Monmouth County, New Jersey, and is

part of the Atlantic Coastal Drainage

Basin. The Shrewsbury River drains

approximately 27 square miles of urban/

suburban residential development and

agricultural lands. The Shrewsbury

River runs easterly from Eatontown,

Tinton Falls, and West Long Branch,

New Jersey and then joins the Navesink

River and empties into Sandy Hook Bay.

The No Discharge Area will include the

navigable waters of the Shrewsbury

River and all its tributaries downstream

to the point where the Route 36 Bridge

crosses the river. The eastern boundary

of the Area is a line from Lat./Long.

73°58′45′′, 40°22′40′′ to Lat./Long.

73°58′58′′, 40°23′04′′. The western

boundary of the Area is at Lat./Long.

74°06′48′′, 40°19′12′′.

Information submitted by the State of

New Jersey and the Shrewsbury

Regional Environmental Planning

Council states that there are six existing

pumpout facilities at five different

locations available to service vessels

which use the Shrewsbury River.

Atlantis Yacht Club, located at 66 River

Avenue, Monmouth Beach, operates a

stationary pumpout. The pumpout is

available from 8:00 a.m. to 5:00 p.m.

beginning April until October and is

operated by the marina staff. A $5.00 fee

is charged for the use of the pumpout.

Carriage House Marina, located at 1200

Ocean Avenue, Sea Bright, operates a

stationary pumpout and a portable

pumpout. The pumpouts are available

from 9:00 a.m. to 6:00 p.m. beginning

May until October and is operated by

the marina staff. A fee of $5.00 is

charged for the use of the pumpout.

Channel Club Marina, located at

Channel Drive, Monmouth Beach,

operates a stationary pumpout. The

pumpout is available from 8:00 a.m. to

6:00 p.m. beginning May until October

and is operated by the marina staff. No

fee is charged for use of the pumpout.

Navesink Marina, located at 1410 Ocean

Avenue, Sea Bright, operates a

stationary pumpout. The pumpout is

available from 8:00 a.m. to 5:00 p.m.

beginning April until October and is

operated by the marina staff. A $5.00 fee

is charged for the use of the pumpout.

Oceanport Landing, located at 417 River

Street, Oceanport, operates a portable

pumpout. The pumpout is available

from 8:00 a.m. to 4:30 p.m. beginning

April until September and is operated

by the marina staff. A $5.00 fee is

charged for use of the pumpout. In the

case of slip holders and residents of

Oceanport, the $5.00 fee is waived.

None of the facilities have draft

restrictions which would exclude boats

access to the pumpouts.

Vessel waste generated from the

pumpout facilities within the No

Discharge Area is discharged into

municipal sewer lines and is conveyed

to the Northeast Monmouth Regional

Sewage Authority (NJPDES Permit No.

NJ0024520) at 1 Highland Avenue in

Monmouth Beach for treatment.

According to the State’s petition, the

maximum daily vessel population for

the waters of Shrewsbury River is

approximately 2115 vessels. This

estimate is based on (1) vessels docked

at marinas and yacht clubs (1303

vessels), (2) vessels docked at nonmarina facilities (584 vessels) and (3)

transient vessels (228 vessels). The

vessel population based on length is

2240 vessels less than 26 feet in length,

700 vessels between 26 feet and 40 feet

in length and 175 vessels greater than 40

feet in length. Based on number and size

of boats, and using various methods to

estimate the number of holding tanks, it

is estimated that between two and four

pumpouts are needed for the

Shrewsbury River. As previously stated,

five pumpout facilities are currently

available to service the boating

population. Additionally, three

additional pumpouts have applied for

pumpout grant funding.

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 Shrewsbury River in the County of

Monmouth, New Jersey.

Dated: May 8, 2000.

Jeanne M. Fox,

Regional Administrator, Region 2.

[FR Doc. 00–12795 Filed 5–19–00; 8:45 am]

BILLING CODE 6560–50–P