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Citation: 68 Fed. Reg. 15720 2003

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 68, No. 62/Tuesday, April 1, 2003/Notices

ofexempt 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 ofthe communication, if written, or a summary ofthe substance ofany 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 ofthe proceeding. Unless the Commission determines that the prohibited communication and any responses thereto shouldbecome part of the decisional record, the prohibited offthe-record communication will notbe 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 onlywhen itdetermines thatfairness so requires. Any person identified below as having made a prohibited off-the-record communication should serve the document onall 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 ofthe 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 alist ofexempt and prohibited off-the-record communications recently received in the Office ofthe Secretary. The communications listed are grouped by docketnumbers. 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.govusing the "FERRIS" link. Enter the docket number excluding the last three digits in the docket number fieldto access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov ortollfree at (866)208-3676, or for TTY,
contact (202)502-8659. Prohibited

DocketNo., DateFiled,Presenter! Requester
1.Project No. 1354-000, 3-11-03 Hon.

Ron W. Goode Exempt

DocketNo., DateFiled,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 ofthe latest version ofthe 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 andbuses. The new model is based onnew andimproved data and is also amore user-friendly version ofthe 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 allnew transportation conformity analyses in California. Since the EMFAC model is only used in California, EPA's approval ofthe model does not affect MOBILE model users in other states. DATES: This determination is effective April 1,2003. See below forfurther information regarding how today's approval starts a time period afterwhich EMFAC2002 isrequired innew 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 ofthe EMFAC2002 model are available onthe California AirResources Board (CARB) Web site: http://www.arb.ca.gov/planningl emfac2OO2/emfac2OO2.htm(transmittal and linksto support documents) and http://www.arb.ca.gov/msei/on -road! latest version.htm(model, technical support documents, etc.).

I. Background

A. WhatIs theEMFACModel?

The EMFAC model (short for EMission FACtor) is a computer model that can estimate emission rates for
motorvehicles 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 andmotor homes. The EMFAC2002 model is operated with a user-friendly graphical userinterface (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 isused to calculate current and future inventories ofmotor vehicle emissions at the state, county, air district, airbasin, or air basin within county level. EMFAC contains default vehicle activity data, and the option of modifying that data, so it canbe used to estimate a motorvehicle 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 oftravel and speeds. Thus the model can be used to make decisions about air pollution policies and
programs atthe local or state level. Inventories based onEMFAC are also usedto meet the federal CAA's state 

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implementation plan (SIP) and transportation conformity requirements.

B. What VersionsofEMFACAre Currentlyin Usein California?

Most SIPs in California were developed using the vehicle emission models EMFAC7F (releasedby CARB September 1993) orEMFAC7G (released by CARB July 1997). EPA approved use ofEMFAC7F in May 1994 and then EMFAC7G in April 1998. EMFAC7G

was considered a minor update to EMFAC (similar toMOBILE5b as a minor update toMOBILE5a), thus areas with SIP motor vehicle emissions budgets developed using EMFAC7F

were allowed to continue touse 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 ofEMFAC7G, CARB has made several interim updates to EMFAC, EMFAC2000 and EMFAC2001. Ofthese models, only EMFAC2000 was submitted to EPA for approval andused in development ofa SIP. Like EMFAC7G, EMFAC2000 included updated data on control measures (e.g., cleaner fuels, newvehicle 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). InJanuary 2002, EPA approved EMFAC2000 (67 FR 1464, January 11, 2002) for use only in the San Francisco Bay Area (BayArea), for estimation ofozone 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 ofits midcourse review SIP revision in April 2004.

C. WhyHave Transportation Agencies Stopped UsingEMFAC7Fand EMFAC7G forRegionalConformity EmissionsAnalyses?

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 thatrequire a new regional emissions analysis, unless the analysis incorporates more recent vehicle data. The letter indicated that vehicle data embedded in the EMFAC7F andEMFAC7G versions ofthe 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 itis available for conformity purposes. Since newer vehicle data was available but was not included in the olderversions ofEMFAC, EMFAC7F andEMFAC7G have notbeen used in any new regional emissions analyses since December 31, 2002.

D. WhyIsEPAAnnouncingItsApproval oftheEMFACModel?

CAA section 172(c)(3) and 40 CFR 51.112(a)(1) require that SIP inventories be based onthe 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 ofEMFAC for SIP
purposes before they can be used in conformity analyses. In aDecember 20, 2002 letter, CARB requested that EPA
approve EMFAC2002 for use in developing SIPs andin determining conformity oftransportation plans in California. EMFAC2002 is a significant change from previous EMFAC models and is capable ofcalculating 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 tothe EMFAC model

asEMFAC7G was an interim update to EMFAC7F). Since the EMFAC model is onlyused in California, EPA's statewide approval ofthe model does not affect MOBILE emissions factor model users in other states.
II. EPA Action

A. What Version of EMFACIsEPA Approving?

In this notice, EPAis approving and announcing thatEMFAC2002 is available touse in statewide California SIP development. EMFAC2002 was developed byCARB and transmitted for approval to EPA onDecember 20, 2002.

OnJanuary 28, 2003, CARB also transmitted amethodology to adjust vehicle activity dataused by EMFAC2002 when updated datais 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 andAssess 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 canbe updated when

new databecomes 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. Ifnew VMT data is available, CARB suggests modifying the inputvehicle population levels, instead ofdirectly 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 theWIS interface. As CARB states, local circumstances may alternatively support adjustment ofmileage 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. WhatPollutantsCanEMFAC2002 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 onlybe used intransportation 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 bythe conformity rule

are HC, NOx, CO, andPM-10. EPAis also approving EMFAC2002 to estimate hotspot emissions for carbon monoxide.

'Vehicle population includes vehicle type (class) and agedistribution. 

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C. WhyDoesEPA Consider EMFAC2002

asaMajor UpdatetoEMFAC?

EMFAC2002 includes significant changes to its model interface, new data and methodologies regarding calculation ofvehicle emissions, revisions to implementation data for control measures, and corrections to technical errors mentioned in our prior approval ofEMFAC2000. The new WIS interface makes EMFAC2002 both more

user friendly and allows users to change input dataupdated for factors thathad 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 nowthe source ofheavy-duty truck emissions factors. CARB's web site describes these and other model changes athttp://www.arb.ca.govl planning/emfac2OO2/encla.pdf.

D.How Were Stakeholdersandthe PublicInvolvedin theEMFAC DevelopmentProcess?

Since 1999, CARB has held a series of public workshops to discuss proposed model updates and receive comments

oninterim versions ofthe new model. In the mostrecent 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 ofthe final model with updated travel activity, as well as plans fortransmittal ofEMFAC2002 toU.S. EPA. CARB has also discussed both the model and the activity update methodology with affected transportation and air agencies

aspart ofthe interagency consultation process.

CARB also released aseries of technical memos, that describe each update to the model, and a public information document that summarizes the changes from earlier versions ofthe 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, howthe 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 ofthe changes both statewide andby county for VOC, CO, NOx and PM. The detailed description ofall 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 GracePeriod Be Set by ThisApproval?
Yes. The transportation conformity rule (40 CFR 93.111) requires that conformity analyses be based on the latest motor vehicle emissions model approved byEPA for SIP purposes for

a state or area. Section 176(c)(1) ofthe CAA states that"* * * [t]he determination ofconformity shall be based onthe mostrecent estimates of emissions, and such estimates shall be determined from the mostrecent population, employment, travel, and congestion estimates* * *." When we approve anew emissions model such as EMFAC2002, a grace period is established before the model is required for conformity analyses. However, areas have the option ofusing the new model prior to the end ofthe grace period. The conformity rule provides for a grace period for new emissions models of between 3to 24 months.

In consultation with the DOT, EPA considers many factors in establishing the length ofthe grace period, including the degree ofchange in emissions models and the effects ofthe new model

onthe transportation planning process (40 CFR 93.111).

Upon consideration of all ofthese factors, EPAis establishing a 3-month grace period before EMFAC2002 is required for new conformity analyses. The grace period begins today and ends

onJune 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 andtransportation 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 fortransportation plan and TIP conformity determinations, since older EMFAC models cannot be usedin new regional analyses.

When the grace period ends onJune 30, 2003, EMFAC2002 willbecome 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 ifthe SIP is based

on an earlier version ofthe EMFAC model.

F. CanAreas UseAny Other Models Duringthe GracePeriod?

Yes, inlimited cases. The only area in California with motor vehicle emission budgets developed with EMFAC2000 and approved to use EMFAC2000 isthe Bay Area. During the grace period, the Bay Area can continue to use EMFAC2000 forregional 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 foruse in new regional conformity determinations. In addition, the Bay Area could proceed with transportation plan andTIP conformity analyses for ozone precursors based on EMFAC2000 ifthe analysis was begun before or duringthe grace period. (40 CFR 93.111(c))

Conformity determinations for transportation projects can alsobe based

on EMFAC7F ifthe analysis was begun before the end ofthe grace period, and ifthe final environmental document for the project is issuedno more than three
years after the issuance ofthe draft environmental document (see40 CFR 93.111(c)). The interagency consultation
process should be used ifit isunclear whether an EMFAC7F or EMFAC7G based analysis was begun before the end ofthe grace period.

G. RelatedSIPDevelopmentActions

The Bay Area 2001 ozone SIP included a commitment from CARB to revise the SIP with the latest technical information as part ofits 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 thatthe Bay Area SIP revision would occur within one year of EPA's approval ofEMFAC2002. Thisis 

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consistent with EPA's past practice where an older version ofthe MOBILE model has been used prior to the release ofa newerversion that includes technical corrections in emission estimates. We understand that the Bay Area has begun work on the plan revision, thatthe EMFAC2002 model will be used in development ofthe
motor vehicle emission inventories in the plan and thatthe SIP should be submitted to EPA by the April 2004 deadline.

In addition, on June 14, 2002, CARB submitted aletter 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 andupdated information

onvehicle fleet, age distribution, and activity levels (letterfrom 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 toupdate these budgets as part ofa comprehensive update to the plans. CARB also requested that EPAlimit the duration ofitsprior approvals ofthe emissionbudgets.

In response, on July 16, 2002 (67 FR 46618), EPA proposed to limit our approvals ofthe existing SIPbudgets to last only until the effective date ofour 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 ofthe emissionbudgets. Normally, new budgets thatreplace existing budgets in approved plans cannot be used until the corresponding plans have been fully approved as part ofthe 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 canbe employed in transportation conformity determinations within a few months of their submission, rather than onlywhen 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 andrevised, have already been submitted for San Diego and Santa Barbara. Arevised 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 nextyear. Motor vehicle emission budgets from all ofthese plans would go into effect upon determination ofa positive adequacy finding, rather than aftera full plan approval and be available for conformity analyses using EMFAC2002.

H. SummaryofEPAActions

EPA is approving EMFAC2002 as submittedby CARB onDecember 20, 2002 withthe following limitations and conditions.

(1)The approval is limited to California. (2)The approval is Statewide and applies to estimation ofhydrocarbon, carbon monoxide, nitrogen oxides, and particulate matter emissions, lead, sulfur oxides and carbon dioxide. However, EMFAC2002 will onlybe used in transportation conformity for pollutants and precursors that affect transportation emissions and are identified in air quality plans as significant. EPAis 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, RegionalAdministrator, EPARegionIX. [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 Councilfor Environmental Policyand Technology; Notificationof PublicAdvisory Committee Teleconference Meeting

AGENCY: Environmental Protection Agency (EPA). ACTION: Notice; notification ofPublic Advisory Committee teleconference meeting.

SUMMARY: Pursuant tothe 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 apublic 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 afederal advisory committee under the Federal Advisory Committee Act, Public Law 92463. NACEPT provides advice and recommendations to the Administrator and other EPA officials on abroad range ofdomestic and international environmental policy issues. NACEPT consists of arepresentative cross-section ofEPA's partners and principle constituents who provide advice and recommendations on policy issues and

serves as a soundingboard for new strategies thatthe Agency is developing. Purpose ofMeeting

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. EPAis currently soliciting public comments onthe draft strategic plan. This meeting willprovide the full NACEPT Council the opportunity to make recommendations on EPA's draft strategic plan. Availability ofReview Materials

EPA's DraftFY 2003-2008 Draft Strategic Plan is available electronically fromEPA's Office ofChiefFinancial Officer, at http://pa.gov/ocfo/planl plan.htm. FOR FURTHER INFORMATION CONTACT: Members ofthe public wishing to gain

access tothe conference room onthe day ofthe 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

orvia email at whitt.gwen@epa.gov.You may also contact Sonia Altieri at (202) 233-0090 ifyou have any questions. The agenda willbe available tothe public uponrequest. General comments fromthe public on the draft strategic plan shouldbe sent to http://epa.govl ocfo/plan/plan.htm.Specific comments for NACEPT's consideration shouldbe submitted nolater thanMonday 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 tothe conference room, shouldcontact Ms. Whitt atleast fivebusiness days prior to the meeting so that appropriate arrangements can be made.

Dated: March 24, 2003. GwenWhitt, Designated FederalOfficer. [FRDoc. 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 ishereby given that a petition dated March 27, 2002 was received from the State ofNewJersey requesting a determination by the Regional Administrator, Environmental Protection Agency (EPA), pursuant to section 312(f) ofPublic Law 92-500, as amendedby 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 ofthe Barnegat Bay, Ocean County, NewJersey. This petition was madeby the NewJersey Department ofEnvironmental 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) ofthe Clean Water Act and 40 CFR 140.4(a).

Barnegat Bay is a shallow, lagoon-type estuary characteristic ofa backbay system ofabarrier 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 PointPleasant 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 SouthBouy, 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 ofNewJersey. The estuary is productive for shellfish harvesting, recreational activities such as fishing, kayaking, swimming andboating. The bay supports hard clam harvest and blue crab landings. NJDEP Bureau ofMarine 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 (BayHead to Seaweed Point) Reach 8-Barnegat Bay (SeaweedPoint
to Mathis Bridge) Reach 9-Toms River Reach 10-Barnegat Bay (MathisBridge
to Forked River) Reach 11-Barnegat Bay (ForkedRiver
to Main Point) Reach 12-Manahawkin/Little Egg Harbor Bay (MainPoint toLong Point) Reach 13-Long Pointto Beach Haven Inlet Information submitted bythe State of New Jersey indicate thatthere are sixtysix existing pumpout facilities and two pumpout boats available to service vessels throughout the Barnegat Bay Complex. The typical facility is available tothe boating community from April through November with hours of operation from 8 am until 5pm, seven days a week. Seven facilities are available all year. Sixty-three ofthe 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 andCauseway 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 oryacht clubs. The total vessel population is 28,487. The ratio ofboats to pumpout facilities has been based on the total number ofvessels which couldbe 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
perpumpout. Standard guidelines refer
to acceptable ratios falling in the range of300 to 600 vessels per pumpout. Ifthe EPA calculation is employed (aslisted in the guidance manual entitled, "Protecting Coastal Waters from Vessel and Marina Discharges: A Guide for State andLocal Officials-April 1994"), itestimates 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 fishingvessels do not operate in the bay,but dock in the vicinity of Barnegat Light and fish the Atlantic Ocean.

The EPA hereby makes atentative affirmative determination that adequate facilities forthe safe and sanitary removal and treatment ofsewage from allvessels are reasonably available for the Barnegat Bay Complex in Ocean County, NewJersey. Afinal determination on this matter willbe made following the 30-day period for public commentregarding a NewJersey State prohibition of any sewage discharges from marine vessels in the Barnegat Bay Complex.

Comments and views regarding this petition andEPA's tentative determination maybe filed on or before May 1, 2003. Comments orrequests for information or copies ofthe applicant's petition shouldbe 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, ActingRegional Administrator,Region2. [FR Doc. 03-7799 Filed 3-31-03; 8:45 am]

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