[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Notices]
[Page 63584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27257]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6890-8]


New York State Prohibition on Marine Discharges of Vessel Sewage; 
Receipt of Petition and Tentative Determination

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a petition was received from the 
State of New York on April 29, 1999 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 Hudson River and 
its tributaries including, but not limited to, Rondout Creek, Esopus 
Creek and Catskill Creek. The southern boundary of the proposed No 
Discharge Area (NDA) in this application would begin at the Battery in 
Manhattan, New York and the northern boundary would be the Federal Dam 
in Troy, New York. This area includes waters up to the New Jersey-New 
York boundary and does not include waters in New Jersey. EPA is 
currently reviewing a petition submitted by the New Jersey Department 
of Environmental Protection requesting a No Discharge Area for the New 
Jersey waters of the Hudson River. The area proposed by the State of 
New York is 153 miles long and encompasses approximately 81,000 acres 
of tidal waters and wetlands.
    Following EPA's review of the petition and discussions with EPA, 
the State revised the application on certain occasions, most recently 
on August 24, 2000.
    Previously, EPA established on December 13, 1995 two NDAs to 
protect drinking water intake zones. Zone 1 is bounded by the northern 
confluence of the Mohawk River on the south and Lock 2 on the north. It 
is approximately 8 miles long. Zone 2 is bounded on the south by the 
Village of Roseton on the western shore and bounded on the north by the 
southern end of Houghtaling Island. Zone 2 is approximately 60 miles 
long.
    This petition was made by the New York State Department of State, 
in conjunction with the New York State Department of Environmental 
Conservation. Upon receipt of a final affirmative determination in 
response to this petition, the State of New York would completely 
prohibit the discharge of sewage, whether treated or not, from any 
vessel on the Hudson River in the area north of the Battery in 
Manhattan, New York and south of Federal Dam in Troy, New York in 
accordance with section 312(f)(3) of the Clean Water Act and 40 CFR 
140.4(a).
    According to the State's petition, the vessel population for the 
waters of the Hudson River is approximately 7300 vessels. This number 
is based on analyses of aerial photographs taken before and during the 
Labor Day weekend. Each photo was identified by the embayment or reach 
and all boats were counted. Totals were tabulated by embayment. Surveys 
of the marinas operating on the Hudson River were also used when 
estimating the size of the fleet operating on the Hudson River. 
Information regarding commercial vessels indicates that many of the 
commercial operators have installed pumpout facilities at their docks 
to service their vessels. These operators include NY Waterway, Circle 
Line and World Yacht. Other operators make arrangements with local 
waste haulers to service their vessels while docked at facilities such 
as the Brooklyn Naval Yard. Marinas which are capable of providing 
pumpout service to commercial vessels are Liberty Landing Marina and 
Port Imperial Marina in New Jersey. Liberty Landing Marina can 
accommodate essentially any size commercial vessel, while Port Imperial 
Marina has a draft restriction of 4 feet and a length restriction of 45 
feet. In New York, Pancor Marine, Inc., White's Marina and Kingston 
West Strand provide pumpout service to commercial vessels according to 
the application submitted by the State of New York.
    With 35 pumpout facilities available to vessels, the ratio of boats 
is approximately 208 vessels per pumpout. Standard guidelines refer to 
acceptable ratios falling in the range of 300 to 600 vessels per 
pumpout. The State of New York divided the river into 8 segments and 
analyzed pumpout availability for each segment. All segments met the 
more stringent criterion of 300 vessels per pumpout. There are also 21 
facilities capable of servicing portable toilets.
    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 Hudson River, 
New York. A final determination on this matter will be made following 
the 30-day period for public comment and will result in a New York 
State prohibition of any sewage discharges from vessels in the Hudson 
River from the Battery in Manhattan, New York to the Federal Dam at 
Troy, New York.
    Comments and views regarding this petition and EPA's tentative 
determination may be filed on or before November 24, 2000. 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 II, Water Programs Branch, 290 Broadway, 24th Floor, New 
York, New York, 10007-1866. Telephone: (212) 637-3880.

    Dated: September 28, 2000.
Jeanne M. Fox,
Regional Administrator, Region II.
[FR Doc. 00-27257 Filed 10-23-00; 8:45 am]
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