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Citation: 68 Fed. Reg. 15720 2003 

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Federal Register/Vol. 68, No. 62/Tuesday, April 1, 2003/Notices

of exempt and prohibited off-the-record

communications.

Order No. 607 (64 FR 51222,

September 22, 1999) requires

Commission decisional employees, who

make or receive an exempt or a

prohibited off-the-record

communication relevant to the merits of

a contested on-the-record proceeding, to

deliver a copy of the communication, if

written, or a summary of the substance

of any oral communication, to the

Secretary.

Prohibited communications will be

included in a public, non-decisional file

associated with, but not part of, the

decisional record of the proceeding.

Unless the Commission determines that

the prohibited communication and any

responses thereto should become part of

the decisional record, the prohibited offthe-record communication will not be

considered by the Commission in

reaching its decision. Parties to a

proceeding may seek the opportunity to

respond to any facts or contentions

made in a prohibited off-the-record

communication, and may request that

the Commission place the prohibited

communication and responses thereto

in the decisional record. The

Commission will grant such requests

only when it determines that fairness so

requires. Any person identified below as

having made a prohibited off-the-record

communication should serve the

document on all parties listed on the

official service list for the applicable

proceeding in accordance with rule

2010, 18 CFR 385.2010.

Exempt off-the-record

communications will be included in the

decisional record of the proceeding,

unless the communication was with a

cooperating agency as described by 40

CFR 1501.6, made under 18 CFR

385.2201(e)(1)(v).

The following is a list of exempt and

prohibited off-the-record

communications recently received in

the Office of the Secretary. The

communications listed are grouped by

docket numbers. These filings are

available for review at the Commission

in the Public Reference Room or may be

viewed on the Commission's Web site at

http://www.ferc.gov using the "FERRIS"

link. Enter the docket number excluding

the last three digits in the docket

number field to access the document.

For assistance, please contact FERC

Online Support at

FERCOnlineSupport@ferc.gov or tollfree at (866)208-3676, or for TTY,

contact (202)502-8659.

Prohibited

Docket No., Date Filed, Presenter!

Requester

1. Project No. 1354-000, 3-11-03 Hon.

Ron W. Goode

Exempt

Docket No., Date Filed, Presenter, or

Requester

1. Project No. 719-000, 3-10-03, Reid

Brown

2. Project No. 184-000, 3-10-03, Sharon

Waechter

3. Project No. 2090-000, 3-10-03, Janet

Hutzel

5. CP02-434-000, 3-10-03, Peter Nauth

6. CP02-434-000, 3-18-03, David

Swearingen

7. CP02-90-000, 3-11-03, James Martin

8. Project No. 516-000, 3-13-03, Patti

Leppert

9. Project No. 2042-013, 3-19-03, Jeff

Selle

Magalie R. Salas,

Secretary.

[FR Doc. 03-7773 Filed 3-31-03; 8:45 am]

BILLING CODE 6717-01-P

ENVIRONMENTAL PROTECTION

AGENCY

[CA090-NOA; FRL-7475-6]

Official Release of EMFAC2002 Motor

Vehicle Emission Factor Model for Use

in the State of California

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability.

SUMMARY: EPA is approving and

announcing the availability of the latest

version of the California EMFAC model

for use in state implementation plan

(SIP) development in California.

EMFAC2002 is the latest update to the

EMFAC model for use by California

state and local governments to meet

Clean Air Act (CAA) requirements.

EMFAC2002 calculates air pollution

emission factors for passenger cars,

trucks and buses. The new model is

based on new and improved data and is

also a more user-friendly version of the

model, allowing agencies to update

assumptions and run multiple scenarios

for emissions analyses. Today's notice

also starts a time period before

EMFAC2002 is required to be used

statewide in all new transportation

conformity analyses in California. Since

the EMFAC model is only used in

California, EPA's approval of the model

does not affect MOBILE model users in

other states.

DATES: This determination is effective

April 1, 2003. See below for further

information regarding how today's

approval starts a time period after which

EMFAC2002 is required in new

transportation conformity analyses.

FOR FURTHER INFORMATION CONTACT:

Karina O'Connor,

oconnor.karina@epa.gov, (775) 833-

1276, Air Planning Office (AIR-2), Air

Division, U.S. EPA, Region 9, 75

Hawthorne Street, San Francisco,

California 94105-3901.

SUPPLEMENTARY INFORMATION: Copies of

the official version of the EMFAC2002

model are available on the California

Air Resources Board (CARB) Web site:

http://www.arb.ca.gov/planningl

emfac2OO2/emfac2OO2.htm (transmittal

and links to support documents) and

http://www.arb.ca.gov/msei/on -road!

latest version.htm (model, technical

support documents, etc.).

I. Background

A. What Is the EMFAC Model?

The EMFAC model (short for

EMission FACtor) is a computer model

that can estimate emission rates for

motor vehicles for calendar years from

1970 to 2040 operating in California.

Pollutant emissions for hydrocarbons,

carbon monoxide, nitrogen oxides,

particulate matter, lead, sulfur oxides,

and carbon dioxide are output from the

model. Emissions are calculated for

passenger cars, eight different classes of

trucks, motorcycles, urban diesel and

school busses and motor homes. The

EMFAC2002 model is operated with a

user-friendly graphical user interface

(GUI) which facilitates data input and

allows the development of alternative

emissions scenarios through a What If

Scenarios (WIS) generator. The WIS

interface can be used to incorporate

updated vehicle data, adjust ambient

conditions or make changes to potential

emission control programs in a specific

area.

EMFAC is used to calculate current

and future inventories of motor vehicle

emissions at the state, county, air

district, air basin, or air basin within

county level. EMFAC contains default

vehicle activity data, and the option of

modifying that data, so it can be used to

estimate a motor vehicle emission

inventory in tons/day for a specific day,

month, or season, and as a function of

ambient temperature, relative humidity,

vehicle population, mileage accrual,

miles of travel and speeds. Thus the

model can be used to make decisions

about air pollution policies and

programs at the local or state level.

Inventories based on EMFAC are also

used to meet the federal CAA's state

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implementation plan (SIP) and

transportation conformity requirements.

B. What Versions of EMFAC Are

Currently in Use in California?

Most SIPs in California were

developed using the vehicle emission

models EMFAC7F (released by CARB

September 1993) or EMFAC7G (released

by CARB July 1997). EPA approved use

of EMFAC7F in May 1994 and then

EMFAC7G in April 1998. EMFAC7G

was considered a minor update to

EMFAC (similar to MOBILE5b as a

minor update to MOBILE5a), thus areas

with SIP motor vehicle emissions

budgets developed using EMFAC7F

were allowed to continue to use

EMFAC7F for conformity. EMFAC7G

included updated data on control

measures (e.g. inspection and

maintenance and truck standards),

updated vehicle information (e.g.

vehicle population and starts/vehicle/

day) and vehicle activity data (e.g.

vehicle miles per day and vehicle miles

per speed distribution). Areas with SIP

budgets developed using EMFAC7G

were required to use EMFAC7G for

regional conformity analyses.

Since the release of EMFAC7G, CARB

has made several interim updates to

EMFAC, EMFAC2000 and EMFAC2001.

Of these models, only EMFAC2000 was

submitted to EPA for approval and used

in development of a SIP. Like

EMFAC7G, EMFAC2000 included

updated data on control measures (e.g.,

cleaner fuels, new vehicle standards for

motorcycles, buses, and heavy-duty

trucks), updated vehicle information

(e.g., vehicle population, starts/vehicle/

day) and updated vehicle activity data

(e.g., vehicle miles per day, vehicle

miles per speed distribution, and

mileage accrual rates). In January 2002,

EPA approved EMFAC2000 (67 FR

1464, January 11, 2002) for use only in

the San Francisco Bay Area (Bay Area),

for estimation of ozone precursor

emission factors. EPA's approval of

EMFAC2000 was limited because: (1)

EMFAC2000 was an improvement on

existing available models despite certain

technical limitations; and (2) CARB has

committed to revise the Bay Area ozone

attainment SIP's motor vehicle

emissions budgets with EMFAC2001 or

a successor model as part of its midcourse review SIP revision in April

2004.

C. Why Have Transportation Agencies

Stopped Using EMFAC7F and

EMFAC7G for Regional Conformity

Emissions Analyses?

On May 2, 2002, the Federal Highway

Administration (FHWA) and the Federal

Transit Administration (FTA) sent a

letter to CARB indicating that, after

December 31, 2002, they would not

continue to make conformity

determinations that require a new

regional emissions analysis, unless the

analysis incorporates more recent

vehicle data. The letter indicated that

vehicle data embedded in the EMFAC7F

and EMFAC7G versions of the EMFAC

emission factor model were about ten

years old. Consistent with the U.S.

DOT/EPA January 18, 2001, guidance on

latest planning assumptions, new

vehicle registration data must be used

when it is available for conformity

purposes. Since newer vehicle data was

available but was not included in the

older versions of EMFAC, EMFAC7F

and EMFAC7G have not been used in

any new regional emissions analyses

since December 31, 2002.

D. Why Is EPA Announcing Its Approval

of the EMFAC Model?

CAA section 172(c)(3) and 40 CFR

51.112(a)(1) require that SIP inventories

be based on the most current and

applicable models that are available at

the time the SIP is developed. CAA

section 176(c)(1) requires that the latest

emissions estimates be used in

conformity analyses. EPA approves

models that fulfill these requirements.

Under 40 CFR 93.111(a), EPA must

approve new versions of EMFAC for SIP

purposes before they can be used in

conformity analyses. In a December 20,

2002 letter, CARB requested that EPA

approve EMFAC2002 for use in

developing SIPs and in determining

conformity of transportation plans in

California. EMFAC2002 is a significant

change from previous EMFAC models

and is capable of calculating motor

vehicle emissions for all California

areas. EMFAC2002 is being approved as

the latest emissions model for statewide

use in SIP development (rather than as

an interim update to the EMFAC model

as EMFAC7G was an interim update to

EMFAC7F). Since the EMFAC model is

only used in California, EPA's statewide

approval of the model does not affect

MOBILE emissions factor model users

in other states.

II. EPA Action

A. What Version of EMFAC Is EPA

Approving?

In this notice, EPA is approving and

announcing that EMFAC2002 is

available to use in statewide California

SIP development. EMFAC2002 was

developed by CARB and transmitted for

approval to EPA on December 20, 2002.

On January 28, 2003, CARB also

transmitted a methodology to adjust

vehicle activity data used by

EMFAC2002 when updated data is

available. Since the transportation

conformity rule (40 CFR 93.110)

requires areas to use the latest

information for estimating vehicle

activity, we are also approving the

CARB methodology for updating vehicle

activity data in EMFAC2002.

CARB's methodology,

"Recommended Methods for Use of

EMFAC2002 to Develop Motor Vehicle

Emission Budgets and Assess

Conformity," explains how vehicle

activity data should be updated. The

methodology explains how each

parameter associated with vehicle

activity was originally developed in

EMFAC, how each parameter is related,

and how each can be updated when

new data becomes available. These

relationships are important when

adjusting vehicle trips or VMT. For

example, VMT in EMFAC2002 is

directly related to vehicle population'

and mileage accrual rate. Similarly, start

and evaporative vehicle emissions are

also related to vehicle population levels.

If new VMT data is available, CARB

suggests modifying the input vehicle

population levels, instead of directly

inputting new VMT data so that start

and evaporative emissions are revised

appropriately. Updated vehicle activity

data (vehicle miles traveled) can also be

input to EMFAC using the WIS

interface. As CARB states, local

circumstances may alternatively support

adjustment of mileage accrual rates,

subject to the interagency consultation

process. In addition, CARB intends to

periodically update vehicle population

information, including vehicle classes

by model year, in EMFAC2002.

B. What Pollutants Can EMFAC2002

Estimate?

EPA is approving the model to

estimate regional emissions of

hydrocarbons (HC), carbon monoxide

(CO), nitrogen oxides (NOx), particulate

matter (PM), lead, sulfur oxides and

carbon dioxide. However, EMFAC2002

will only be used in transportation

conformity for pollutants and precursors

that affect transportation emissions and

are identified in air quality plans as

significant. Transportation-related

pollutants and precursors that are

currently covered by the conformity rule

are HC, NOx, CO, and PM-10. EPA is

also approving EMFAC2002 to estimate

hotspot emissions for carbon monoxide.

'Vehicle population includes vehicle type (class)

and age distribution.

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C. Why Does EPA Consider EMFA C2002

as a Major Update to EMFAC?

EMFAC2002 includes significant

changes to its model interface, new data

and methodologies regarding

calculation of vehicle emissions,

revisions to implementation data for

control measures, and corrections to

technical errors mentioned in our prior

approval of EMFAC2000. The new WIS

interface makes EMFAC2002 both more

user friendly and allows users to change

input data updated for factors that had

previously been embedded within the

model (e.g. fleet vehicle data).

EMFAC2002 includes updated data

estimating idle emissions from heavy

duty trucks and school buses. Base

emission rates for light-duty vehicles are

now drawn from the real-world unified

drive cycle. EMFAC2002 accounts for

gross evaporative emissions (i.e., "liquid

leakers") and updates particulate

emissions to account for smoking

vehicles. The model also accounts for

recent amendments to California's low

emissions vehicle and fuels regulations,

as well as updated heavy-duty truck

standards. Full chassis dynamometer

tests, rather than engine dynamometer

tests, are now the source of heavy-duty

truck emissions factors. CARB's web site

describes these and other model

changes at http://www.arb.ca.govl

planning/emfac2OO2/encl a.pdf.

D. How Were Stakeholders and the

Public Involved in the EMFAC

Development Process?

Since 1999, CARB has held a series of

public workshops to discuss proposed

model updates and receive comments

on interim versions of the new model.

In the most recent workshops, held June

11 and 13, 2002, CARB described the

latest EMFAC changes under

consideration and sought public input.

Those changes are reflected in the final

EMFAC2002 model released in October

2002. Two additional public

information briefings were held on

November 6 and 7, 2002, to share the

emissions estimates resulting from use

of the final model with updated travel

activity, as well as plans for transmittal

of EMFAC2002 to U.S. EPA. CARB has

also discussed both the model and the

activity update methodology with

affected transportation and air agencies

as part of the interagency consultation

process.

CARB also released a series of

technical memos, that describe each

update to the model, and a public

information document that summarizes

the changes from earlier versions of the

model. The technical memos are

available on CARB's Web site at: http:/

/www.arb.ca.gov/msei/on -road!

latest revisions.htm. Each memo

describes the model update, the reason

for the change, how the change was

incorporated into the EMFAC model,

and the resulting emissions impact. The

public information document is also

available on the CARB Web site at:

http://www.arb.ca.gov/msei/on -road!

briefs/2002.pdf. This document

summarizes the major changes to the

EMFAC model and contains tables

showing the impacts of the changes both

statewide and by county for VOC, CO,

NOx and PM. The detailed description

of all major model updates since

EMFAC7F is an enclosure to the

transmittal package and available on the

CARB Web site at: http://

www.arb.ca.gov/planning/emfac2002/

encla.pdf.

E. Will a Transportation Conformity

Grace Period Be Set by This Approval?

Yes. The transportation conformity

rule (40 CFR 93.111) requires that

conformity analyses be based on the

latest motor vehicle emissions model

approved by EPA for SIP purposes for

a state or area. Section 176(c)(1) of the

CAA states that"* * * [t]he

determination of conformity shall be

based on the most recent estimates of

emissions, and such estimates shall be

determined from the most recent

population, employment, travel, and

congestion estimates* * *." When we

approve a new emissions model such as

EMFAC2002, a grace period is

established before the model is required

for conformity analyses. However, areas

have the option of using the new model

prior to the end of the grace period. The

conformity rule provides for a grace

period for new emissions models of

between 3 to 24 months.

In consultation with the DOT, EPA

considers many factors in establishing

the length of the grace period, including

the degree of change in emissions

models and the effects of the new model

on the transportation planning process

(40 CFR 93.111).

Upon consideration of all of these

factors, EPA is establishing a 3-month

grace period before EMFAC2002 is

required for new conformity analyses.

The grace period begins today and ends

on June 30, 2003. As discussed earlier

in the notice, several prior versions of

EMFAC (EMFAC7F, EMFAC7G) are no

longer used in California for new

regional emissions analyses for

transportation plan and transportation

improvement program (TIP) conformity

determinations. Therefore it is

appropriate to set a short grace period

since all areas in California will need to

use EMFAC2002 to begin any new

regional conformity analyses. A longer

grace period would provide no practical

benefit for transportation plan and TIP

conformity determinations, since older

EMFAC models cannot be used in new

regional analyses.

When the grace period ends on June

30, 2003, EMFAC2002 will become the

only approved motor vehicle emissions

model for new regional and hot-spot

transportation conformity analyses

across California. In general, this means

that all new VOC, NOx, PM-10, and CO

regional conformity analyses and CO

hot-spot analyses started after the end of

the 3-month grace period must be based

on EMFAC2002, even if the SIP is based

on an earlier version of the EMFAC

model.

F. Can Areas Use Any Other Models

During the Grace Period?

Yes, in limited cases. The only area in

California with motor vehicle emission

budgets developed with EMFAC2000

and approved to use EMFAC2000 is the

Bay Area. During the grace period, the

Bay Area can continue to use

EMFAC2000 for regional analyses for

ozone precursors or choose to use

EMFAC2002 on a shorter time frame.

DOT's May 2, 2002 memo did not

preclude the continuing use of

EMFAC2000 for use in new regional

conformity determinations. In addition,

the Bay Area could proceed with

transportation plan and TIP conformity

analyses for ozone precursors based on

EMFAC2000 if the analysis was begun

before or during the grace period. (40

CFR 93.111(c))

Conformity determinations for

transportation projects can also be based

on EMFAC7F if the analysis was begun

before the end of the grace period, and

if the final environmental document for

the project is issued no more than three

years after the issuance of the draft

environmental document (see 40 CFR

93.111(c)). The interagency consultation

process should be used if it is unclear

whether an EMFAC7F or EMFAC7G

based analysis was begun before the end

of the grace period.

G. Related SIP Development Actions

The Bay Area 2001 ozone SIP

included a commitment from CARB to

revise the SIP with the latest technical

information as part of its mid-course

review in April 2004. This commitment

was referenced in EPA's approval of

EMFAC2000 (67 FR 1464, January 11,

2002), with the understanding that

CARB would submit revisions to the

EMFAC model (e.g., EMFAC2002) in

early 2003, so that the Bay Area SIP

revision would occur within one year of

EPA's approval of EMFAC2002. This is

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consistent with EPA's past practice

where an older version of the MOBILE

model has been used prior to the release

of a newer version that includes

technical corrections in emission

estimates. We understand that the Bay

Area has begun work on the plan

revision, that the EMFAC2002 model

will be used in development of the

motor vehicle emission inventories in

the plan and that the SIP should be

submitted to EPA by the April 2004

deadline.

In addition, on June 14, 2002, CARB

submitted a letter indicating the State's

intention to submit comprehensive

revisions to the progress, attainment,

and maintenance SIPs and the budgets

for most areas in California. These SIP

revisions, would reflect, among other

new information, the State's revised

motor vehicle emissions factors using

EMFAC2002 and updated information

on vehicle fleet, age distribution, and

activity levels (letter from Michael P.

Kenny, CARB, to Wayne Nastri, EPA). In

this letter, CARB acknowledged that the

previously approved budgets had

become outdated and made clear its

intention to update these budgets as part

of a comprehensive update to the plans.

CARB also requested that EPA limit the

duration of its prior approvals of the

emission budgets.

In response, on July 16, 2002 (67 FR

46618), EPA proposed to limit our

approvals of the existing SIP budgets to

last only until the effective date of our

adequacy finding for new budgets that

replace the existing approved budgets

for the same pollutant, CAA

requirement, and year. That proposal

was finalized on November 15, 2002 (67

FR 69139), limiting our prior approvals

of the emission budgets. Normally, new

budgets that replace existing budgets in

approved plans cannot be used until the

corresponding plans have been fully

approved as part of the SIP (see 40 CFR

93.118(e)). However, since approval of

the existing budgets now expires when

we determine that the new budgets are

adequate, the updated budgets can be

employed in transportation conformity

determinations within a few months of

their submission, rather than only when

the SIP is finally approved, which could

take as long as 18 months.

Consistent with the June 2002 letter,

CARB has already begun submitting

revised SIPs. Ozone maintenance plans,

new and revised, have already been

submitted for San Diego and Santa

Barbara. A revised statewide CO

maintenance plan and revised regional

air quality plans for San Joaquin Valley,

South Coast, Coachella Valley, and

Ventura County are also expected

within the next year. Motor vehicle

emission budgets from all of these plans

would go into effect upon determination

of a positive adequacy finding, rather

than after a full plan approval and be

available for conformity analyses using

EMFAC2002.

H. Summary of EPA Actions

EPA is approving EMFAC2002 as

submitted by CARB on December 20,

2002 with the following limitations and

conditions.

(1) The approval is limited to

California.

(2) The approval is Statewide and

applies to estimation of hydrocarbon,

carbon monoxide, nitrogen oxides, and

particulate matter emissions, lead,

sulfur oxides and carbon dioxide.

However, EMFAC2002 will only be

used in transportation conformity for

pollutants and precursors that affect

transportation emissions and are

identified in air quality plans as

significant. EPA is also approving

EMFAC2002 to estimate hotspot

emissions for carbon monoxide.

(3) A 3-month statewide conformity

grace period will be established

beginning April 1, 2003 and ends June

30, 2003.

Dated: March 20, 2003.

Wayne Nastri,

Regional Administrator, EPA Region IX.

[FR Doc. 03-7815 Filed 3-31-03; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL-7475-3]

EPA National Advisory Council for

Environmental Policy and Technology;

Notification of Public Advisory

Committee Teleconference Meeting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; notification of Public

Advisory Committee teleconference

meeting.

SUMMARY: Pursuant to the Federal

Advisory Committee Act, Public Law

92-463, notice is hereby given that the

National Advisory Council for

Environmental Policy and Technology

(NACEPT) will meet in a public

teleconference on Thursday, April 17,

2003, from 10 a.m. to 12 p.m. Eastern

Time. The meeting will be hosted out of

the main conference room, U.S. EPA,

655 15th Street, NW., Suite 800,

Washington, DC 20005. The meeting is

open to the public, however, due to

limited space, seating will be on a

registration-only basis. For further

information regarding the

teleconference meeting, or how to

register and obtain the phone number,

please contact the individuals listed

below.

Background

NACEPT is a federal advisory

committee under the Federal Advisory

Committee Act, Public Law 92463.

NACEPT provides advice and

recommendations to the Administrator

and other EPA officials on a broad range

of domestic and international

environmental policy issues. NACEPT

consists of a representative cross-section

of EPA's partners and principle

constituents who provide advice and

recommendations on policy issues and

serves as a sounding board for new

strategies that the Agency is developing.

Purpose of Meeting

The NACEPT Council will review and

discuss the EPA's draft FY 2003-2008

Strategic Plan. The draft Strategic Plan

is built around five goals, centered on

the themes of air, water, land,

communities and ecosystems, and

compliance and environmental

stewardship. EPA is currently soliciting

public comments on the draft strategic

plan. This meeting will provide the full

NACEPT Council the opportunity to

make recommendations on EPA's draft

strategic plan.

Availability of Review Materials

EPA's Draft FY 2003-2008 Draft

Strategic Plan is available electronically

from EPA's Office of Chief Financial

Officer, at http://pa.gov/ocfo/planl

plan.htm.

FOR FURTHER INFORMATION CONTACT:

Members of the public wishing to gain

access to the conference room on the

day of the meeting must contact Ms.

Gwen Whitt, Designated Federal Officer

for NACEPT, U.S. Environmental

Protection Agency (1601E), Office of

Cooperative Environmental

Management, 655 15th Street, NW.,

Suite 800, Washington, DC 20005;

telephone/voice mail at (202) 233-0090

or via email at whitt.gwen@epa.gov. You

may also contact Sonia Altieri at (202)

233-0090 if you have any questions.

The agenda will be available to the

public upon request. General comments

from the public on the draft strategic

plan should be sent to http://epa.govl

ocfo/plan/plan.htm. Specific comments

for NACEPT's consideration should be

submitted no later than Monday April

21, 2003.

General Information

Additional information concerning

the National Advisory Council for

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Environmental Policy and Technology

(NACEPT) can be found on our website

(http://www.epa.gov/ocem).

Meeting Access

Individuals requiring special

accommodation at this meeting,

including wheelchair access to the

conference room, should contact Ms.

Whitt at least five business days prior to

the meeting so that appropriate

arrangements can be made.

Dated: March 24, 2003.

Gwen Whitt,

Designated Federal Officer.

[FR Doc. 03-7798 Filed 3-31-03; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL-7475-4]

New Jersey State Prohibition on

Marine Discharges of Vessel Sewage;

Receipt of Petition and Tentative

Determination

Notice is hereby given that a petition

dated March 27, 2002 was received from

the State of New Jersey 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

available for the waters of the Barnegat

Bay, Ocean County, New Jersey. This

petition was made by the New Jersey

Department of Environmental Protection

(NJDEP) in cooperation with the

Barnegat Bay Estuary Program, New

Jersey Marine Sciences Consortium,

Ocean County Planning Board and

Ocean County Vacation and Technical

School. Upon receipt of an affirmative

determination in response to this

petition, NJDEP would completely

prohibit the discharge of sewage,

whether treated or not, from any vessel

in the Barnegat Bay Complex in

accordance with section 312(f)(3) of the

Clean Water Act and 40 CFR 140.4(a).

Barnegat Bay is a shallow, lagoon-type

estuary characteristic of a back bay

system of a barrier island coastline.

Barnegat Bay is bordered by two barrier

islands, Island Beach and Long Beach

Island. These islands are approximately

64 km in total length, are oriented

north-south and separate the bay from

the Atlantic Ocean. The No Discharge

Zone (NDZ) will include Barnegat Bay

Complex and its navigable tributaries.

The boundary lines have been defined

for the Point Pleasant Canal, Barnegat

Inlet and Egg Harbor Inlet as lines

between the following points:

Point Pleasant Canal40 04.030 N, 74 03.281 W;

40 04.068 N, 74 03.278 W

Barnegat InletInside South Bouy, 39 45.457 N, 74

05.519 W;

Inside North Bouy, 39 45.525 N, 74

05.519 W

Egg Harbor Inlet39 30.521 N, 74 18.389 W;

39 30.476 N, 74 17.322 W

Barnegat Bay provides recreational,

economic, and aesthetic benefits to the

coastal users of New Jersey. The estuary

is productive for shellfish harvesting,

recreational activities such as fishing,

kayaking, swimming and boating. The

bay supports hard clam harvest and blue

crab landings. NJDEP Bureau of Marine

Water Classification and Analysis has

divided the State into 36 Shellfish

growing water reaches. The bay

complex is identified as Reaches 7

through 13 which are as follows:

Reach 7-Barnegat Bay (Bay Head to

Seaweed Point)

Reach 8-Barnegat Bay (Seaweed Point

to Mathis Bridge)

Reach 9-Toms River

Reach 10-Barnegat Bay (Mathis Bridge

to Forked River)

Reach 11-Barnegat Bay (Forked River

to Main Point)

Reach 12-Manahawkin/Little Egg

Harbor Bay (Main Point to Long

Point)

Reach 13-Long Point to Beach Haven

Inlet

Information submitted by the State of

New Jersey indicate that there are sixtysix existing pumpout facilities and two

pumpout boats available to service

vessels throughout the Barnegat Bay

Complex. The typical facility is

available to the boating community from

April through November with hours of

operation from 8 am until 5 pm, seven

days a week. Seven facilities are

available all year. Sixty-three of the

existing pumpout facilities are

connected to municipal sewage lines.

Sewage from these facilities is routed to

the Ocean County Municipal Utilities

Authority where it undergoes secondary

treatment. Three pumpout facilities

(Ocean Gate Yacht Basin, Ocean Beach

South and Causeway Boat Rental and

Marina) store their waste in holding

tanks for disposal by a septic waste

hauler.

According to the State's petition, the

vessel population for the waters of

Barnegat Bay Complex is approximately

15,587 vessels which are docked at

private residences and 12,900 vessels

docked or moored at marinas or yacht

clubs. The total vessel population is

28,487. The ratio of boats to pumpout

facilities has been based on the total

number of vessels which could be

expected. With sixty-six shore-side

pumpout facilities and two pumpout

vessel available to boaters, the ratio of

docked or moored boats (including

transients) is approximately 420 vessels

per pumpout. Standard guidelines refer

to acceptable ratios falling in the range

of 300 to 600 vessels per pumpout. If the

EPA calculation is employed (as listed

in the guidance manual entitled,

"Protecting Coastal Waters from Vessel

and Marina Discharges: A Guide for

State and Local Officials-April 1994"),

it estimates that twenty-four pumpouts

are needed to provide adequate

facilities.

Commercial vessels which operate in

and around the harbor are engaged in

fishing activities exclusively. Most of

the operators will use the facilities

where they dock or obtain fuel. The

larger fishing vessels do not operate in

the bay, but dock in the vicinity of

Barnegat Light and fish the Atlantic

Ocean.

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 Barnegat Bay Complex in Ocean

County, New Jersey. A final

determination on this matter will be

made following the 30-day period for

public comment regarding a New Jersey

State prohibition of any sewage

discharges from marine vessels in the

Barnegat Bay Complex.

Comments and views regarding this

petition and EPA's tentative

determination may be filed on or before

May 1, 2003. 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 2, Water

Programs Branch, 290 Broadway, 24th

Floor, New York, New York 10007-

1866. Telephone: (212) 637-3880.

Dated: March 14, 2003.

William J. Muszynski,

Acting Regional Administrator, Region 2.

[FR Doc. 03-7799 Filed 3-31-03; 8:45 am]

BILLING CODE 6560-50-P

15724

HeinOnline -- 68 Fed. Reg. 15724 2003