[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Pages 32091-32092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12795]


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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

[[Page 32092]]

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 non-point 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 deg.58'45", 40 deg.22'40" to Lat./Long. 
73 deg.58'58", 40 deg.23'04". The western boundary of the Area is at 
Lat./Long. 74 deg.06'48", 40 deg.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 non-marina 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