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[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54281-54283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22694]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9933-54-Region 2]

New York State Prohibition of Discharges of Vessel Sewage; Notice 
of Final Determination

AGENCY: Environmental Protection Agency.

ACTION: Notice of determination.

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SUMMARY: Notice is hereby given that, pursuant to 33 CFR 1322(f)(3) and 
40 CFR 140.4(a), the State of New York has determined that the 
protection and enhancement of the waters of Seneca Lake, Cayuga Lake, 
the Seneca River and tributaries thereto require greater environmental 
protection than the applicable Federal standards provide and petitioned 
the United States Environmental Protection Agency (EPA), Region 2 for a 
determination that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are reasonably 
available for the waters of Seneca Lake, Cayuga Lake and the Seneca 
River, so that the State may completely prohibit the discharge from all 
vessels of any sewage, whether treated or not, into such waters. New 
York State proposes to establish a vessel waste No Discharge Zone (NDZ) 
covering the approximately 150 square miles of connected waters and 
tributaries of Seneca Lake, Cayuga Lake and the Seneca River.

FOR FURTHER INFORMATION CONTACT: Moses Chang, (212) 637-3867, email 
address: chang.moses@epa.gov .

SUPPLEMENTARY INFORMATION: Notice is hereby given that the State of New 
York (NYS or State) has petitioned the United States Environmental 
Protection Agency, Region 2, pursuant to section 312(f)(3) of Public 
Law 92-500 as amended by Public Law 95-217 and Public Law 100-4, that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for Seneca Lake, 
Cayuga Lake and the Seneca River.
    Adequate facilities are defined as one sewage pumpout station for 
every 300 to 600 boats pursuant to the Clean Vessel Act: Pumpout 
Station and Dump Station Technical Guidelines (Federal Register, Vol. 
59, No. 47, March 10, 1994).
    On April 17, 2015, EPA published notice of its tentative 
affirmative determination that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for Seneca Lake, Cayuga Lake and the Seneca River, 
and its approval of New York's proposal to ban the discharge of treated 
and untreated sewage from vessels into those waters under Clean Water 
Act (``CWA'') Sec.  312(f)(3). (78 FR 59681, September 27, 2013) EPA 
solicited public comments for 30 days, and the comment period ended on 
May 17, 2015. EPA received a total of twenty two comments via letter 
and email. All of the twenty two commenters support EPA's proposed 
determination. All of the relevant comments received have been 
considered, as discussed below, and EPA hereby issues a final 
affirmative determination that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available within Seneca Lake, Cayuga Lake and the Seneca 
River.

EPA Response to Public Comments on the April 17, 2015 Tentative 
Affirmative Determination

    Comment 1: Several commenters, including boaters, residents, Non-
Governmental Organizations (NGOs) and community advocates expressed 
strong support for the establishment of a vessel waste no discharge 
zone (``NDZ'') for Seneca Lake, Cayuga Lake, the Seneca River and 
tributaries thereto. Some commenters pointed out that this action will 
reduce pathogens and chemicals, improve water quality and further 
protect drinking water, wildlife habitats and restore the lakes.
    EPA Response: The petition was submitted under CWA Sec.  312(f)(3), 
which allows New York to establish a vessel sewage no discharge zone if 
the state determines that the protection and enhancement of the quality 
of some or all of the waters within the state require greater 
environmental protection and if EPA determines that adequate facilities 
for the safe and sanitary removal and treatment of sewage from all 
vessels are reasonably available within those waters. These comments 
are consistent with New York's determination of need.
    Comment 2: One commenter suggested that stricter enforcement 
regulations for sewage discharge in Seneca Lake, Cayuga Lake and the 
Seneca River are needed.
    EPA Response: We appreciate this comment. EPA's determination in 
the present action is limited to whether adequate facilities for the 
safe and sanitary removal and treatment of sewage from all vessels are 
reasonably available within Seneca Lake, Cayuga Lake and the Seneca 
River and does not address the adequacy of enforcement of the proposed 
ban. This comment is noted but is beyond the scope of EPA's 
determination on this matter.
    Comment 3: One commenter supports the proposed NDZ and suggests 
that EPA and DEC do more to protect water quality from land use 
changes, pollution discharges and energy development.
    EPA Response: We appreciate this comment. As noted above, EPA's 
determination in the present action is limited to whether adequate 
facilities for the safe and sanitary removal and treatment of sewage 
from all vessels are reasonably available within Seneca Lake, Cayuga 
Lake and the Seneca River and does not address the need for additional 
efforts to protect water quality. This comment is noted but is beyond 
the scope of EPA's determination on this matter.
    Certification of Need: New York's petition contains a certification 
by the Commissioner of the New York State Department of Environmental 
Conservation (NYSDEC) that the protection and enhancement of Seneca 
Lake, Cayuga Lake, the Seneca River and the navigable tributaries 
thereto, requires greater environmental protection than the applicable 
Federal standards provide. The certification states that Seneca Lake 
and Cayuga Lake are water bodies of unique ecological, economic and 
public health significance, as well as drinking water sources. 
Pathogens and chemicals contained in the currently-lawful effluent from 
discharging marine sanitation devices (MSDs) threaten public health and 
the environment and contravene the State's ongoing efforts to control 
point and non-point source pollution from municipal discharges, 
combined sewer overflows and storm water runoff. The proposed NDZ 
represents one component of a comprehensive approach to water quality 
management. Protecting Seneca Lake, Cayuga Lake and the Seneca River 
warrants this greater level of environmental protection in order to 
maintain excellent water quality, prevent future degradation and speed 
the recovery of impaired segments.
    Seneca Lake is the largest and deepest of all the Finger Lakes at 
4.2 trillion gallons in volume and 291 feet in average depth. The 
maximum depth of the lake is 618 feet. The Seneca Lake Watershed 
comprises 14% of the greater Oswego River Watershed. While the

[[Page 54282]]

water quality of the lake is generally good, the lake is on the NYSDEC 
Priority Waterbody List as a Water with Minor Impacts. This means that 
the current uses of the lake are fully supported but some negative 
water quality impacts have been observed and action must be taken to 
ensure that the water will continue to support its uses in the future. 
Pollutants that negatively impact the lake include pathogens and oxygen 
demand from the Watkins Glen wastewater treatment plant and general 
lakeside activities as well as sediment from eroding stream banks and 
steep slopes surrounding the lake. As part of its broader efforts to 
protect and enhance the water quality of Seneca Lake, New York seeks to 
eliminate the discharge of pathogens and chemicals from all vessels 
using the lake.
    Cayuga Lake has a maximum depth of 435 feet and a volume of about 
2.5 trillion gallons. The Cayuga Lake Watershed comprises 15% of the 
greater Oswego River Watershed. While the water quality of Cayuga Lake 
is generally good, the northern to mid-south portions of the lake are 
on the NYSDEC Priority Waterbody List as Threatened Segments because of 
the lake's significant value as a drinking water resource. As part of 
its broader effort to preserve and enhance water quality to maintain 
the lake's use as drinking waters with minimal required treatment, New 
York seeks to eliminate the discharge of pathogens and chemicals from 
all vessels using the lake.

Adequacy of Sewage Removal and Treatment Facilities

    In determining whether adequate facilities exist for the safe and 
sanitary removal and treatment of sewage from all vessels using a water 
body, EPA relies on the ``Clean Vessel Act: Pumpout Station and Dump 
Station Technical Guidelines,'' (59 FR 11290) published by the U.S. 
Department of the Interior (DOI), which provides that at least one 
pumpout station should be provided for every 300 to 600 boats over 16 
feet in length. The guidance also provides that approximately 20% of 
boats between 16 and 26 feet, 50% of boats between 26 and 40 feet and 
all vessels over 40 feet in length can be assumed to have an installed 
toilet with some type of MSD. Vessels below 16 feet in length are 
generally presumed not to have an MSD onboard.

Estimated Vessel Population

    In support of its petition, New York provided information on the 
vessel population in the proposed NDZ. The population of recreational 
vessels using Seneca Lake, Cayuga Lake and the Seneca River was 
estimated based on the New York State Office of Parks, Recreation and 
Historic Preservation's 2012 Boating Report (OPRHP Report) for the 
counties of Cayuga, Ontario, Schuyler, Seneca, Steuben, Tompkins and 
Yates, which surround the lakes. While it is very unlikely that every 
single vessel registered in these counties will operate in the proposed 
NDZ simultaneously, the state took a conservative approach and 
considered all boats registered in these counties as part of the 
overall recreational vessel population of the proposed NDZ.
    According to the OPRHP Report, in the seven counties surrounding 
the proposed NDZ, there are 16,740 registered boats between 16 and 25 
feet long, 1,161 boats between 26 and 40 feet long and 71 boats over 40 
feet long. Applying the percentages in the DOI guidance yields an 
estimate of 3,967 recreational vessels with MSDs that operate in the 
proposed NDZ.
    The population of commercial vessels using Seneca Lake, Cayuga Lake 
and the Seneca River was estimated based on information provided by the 
Genesee Finger Lakes Regional Planning Board and the Finger Lakes 
Institute as well as information obtained from the Internet. According 
to these sources, the majority of commercial vessels operating in the 
proposed NDZ are chartered fishing boats. There are at least 18 charter 
services that operate primarily in Seneca Lake and Cayuga Lake, as well 
as 11 cruise companies. These companies own anywhere from one to three 
vessels. A conservative assumption of 40 companies (18 charter 
companies + 11 cruise companies + 11 unlisted businesses) with three 
vessels each yields a total of 120 commercial vessels that operate in 
the proposed NDZ. As an additional conservative assumption, all 120 
commercial vessels are assumed to have MSDs. Therefore, there are 
approximately 4,090 vessels with MSDs operating in the proposed NDZ.

Available Pumpout Facilities

    In further support of its petition, New York provided information 
on the number of pumpout facilities available to the recreational and 
commercial vessels in the proposed NDZ. The federal Clean Vessel Act of 
1992 made grants available to states for construction, replacement and 
renovation of recreational vessel pumpouts. New York applied for the 
first federal grant in 1994 and initiated a statewide program known as 
the Clean Vessel Assistance Program (CVAP), managed and administered by 
New York State Environmental Facilities Corporation that has helped 
establish and support 17 pumpout facilities serving Seneca Lake, Cayuga 
Lake and the Seneca River, of which two are pumpout boats and 15 are 
dockside pumpouts. EPA independently updated and verified these pumpout 
information and concluded that two pumpout boats are out of operation 
and only 14 dockside pumpouts are operational. An additional three 
pumpout facilities are available to the public but are not funded 
through CVAP. All these current 17 pumpout (14 CVAP + 3 non-CVAP 
pumpouts = 17 pumpouts) facilities either discharge to a holding tank, 
to a municipal wastewater treatment plant or to an on-site septic 
system.
    While some commercial shipping vessels are so large as to require 
special docking accommodations or mobile pumpouts to access pumpout 
services, the commercial vessels that operate in the proposed NDZ are 
all small enough to use the same pumpouts that the recreational vessels 
use. Therefore, the total number of pumpout facilities available for 
use by the vessels that operate in the proposed NDZ is 17. A list of 
pumpout facilities, phone numbers, locations, hours of operation, water 
depth and fees is provided below:

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                                                                            Contact        * Days and hours of
      No.                 Name               Location, Lat./Long.         information           operation          Water depth,  (feet)         Fee
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1.............  Cayuga--Seneca--Lock     Seneca Lake State Park,           315-789-2331  April 1-September 30,    6'....................           $2.00
                 CS1-4.                   42.870575/--76.939667.                          24 hours.
2.............  Cayuga Lake............  Allan H Treman. State Marine      607-273-3440  May 1-October 15, 24     7'....................            2.00
                                          Park, 42.458467/--76.513033.                    hours.
3.............  Cayuga Lake............  Frontenac Harbor, 42.839778/      315-889-5532  April 1-October 15,      4'....................            5.00
                                          --76.695769.                                    9:00 a.m.-4:30 p.m.

[[Page 54283]]

 
4.............  Seneca Lake............  Barret Marine, Inc.-              315-789-9513  Year round, 8:00 a.m.-   5'....................            0.00
                                          Stationary, 42.874176/--                        7:00 p.m.
                                          76.935906.
5.............  Seneca Lake............  Village Marina, 42.384630/--      607-535-7910  June-October, 11:00      5'....................            5.00
                                          76.87871697.                                    a.m.-6:00 p.m.
6.............  Seneca Lake............  Stivers (GPJ) Seneca Marine,      315-789-5520  May 1-Labor Day, 8:00    6'....................            5.00
                                          Inc., 42.868925/--76.939064.                    a.m.-8:00 p.m.
7.............  Cayuga Lake............  Johnson Boat Yard (dba)-          607-272-5191  April 1-November 1,      6'....................            0.00
                                          Pierce Cleveland, Inc.,                         9:00 a.m.-5:00 p.m.
                                          42.452369/--76.510231.
8.............  Seneca Lake............  Montour Falls-V Municipal         607-210-4124  May 2-October 15, 7:00   4.5'..................            5.00
                                          Marina, 42.354167/--                            a.m.-7:00 p.m.
                                          76.853333.
9.............  Cayuga Seneca--Lock CS1- Oak Island Marine Facility,       315-539-9131  April 1-October 1, 24    8'....................            0.00
                 4.                       42.900983/--76.866894.                          hours.
10............  Cayuga Lake............  Hibiscus Harbor, 42.856781/--     315-889-5086  April 1-November 1, 24   12'...................            5.00
                                          76.706081.                                      hours.
11............  Seneca Lake............  Frog Hollow Marina,               607-535-2671  April 15-November 15,    5'....................            5.00
                                          42.370636/--76.859106.                          9:00 a.m.-5:00 p.m.
12............  Seneca Lake............  Seneca Falls-V, 42.909675/--      315-568-2316  May 1-November 1, 24     20'...................            2.00
                                          76.795868.                                      hours.
13............  Cayuga-Seneca--Lock CS1- Waterloo Harbor, 42.540172/--     315-539-8848  May 1-September 30, 24   10'...................            5.00
                 4.                       76.524237.                                      hours.
14............  Seneca Lake............  Glen Harbor Marina,               607-535-2751  April 15-October 15,     6'....................            0.00
                                          42.383099/--76.861575.                          10:00 a.m.-5:00 p.m.
15............  Cayuga Lake............  Eagles Landing Marina,            315-834-6829  April 15-October 15....  Unknown...............            0.00
                                          42.072211/--76.548915.
16............  Cayuga Lake............  Taughannock Falls State           607-387-6739  March 1-October 15.....  6'....................            0.00
                                          Park, 42.547636/--76.595714.
17............  Seneca Lake............  Sampson State Park Marina,        315-585-6392  April 15-October 20....  Unknown...............            0.00
                                          42.4247/--76.9119.
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* Please note that the actual days of operation depend on the weather.

  Ratio of Pumpouts Facilities to Vessels Operating in the Proposed NDZ
------------------------------------------------------------------------
                                         Total  pumpout   Boat:  pumpout
       Total boat registrations            facilities         ratio
------------------------------------------------------------------------
4,090.................................              17            241:1
------------------------------------------------------------------------

    Based on a total vessel population of 4,090 and 17 currently 
available pumpout facilities, the ratio of boats to pumpouts is 241:1, 
which means there are significantly more pumpouts than the recommended 
range of 300-600:1. In addition, the pumpouts are well distributed 
between the lakes (7 are in Cayuga Lake and 10 are in Seneca Lake).
    Based on the information above, and after considering the relevant 
public comments, EPA hereby makes a final affirmative determination 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage are reasonably available for all vessels that use 
the waters of Seneca Lake, Cayuga Lake and the Seneca River. 
Accordingly, pursuant to 33 CFR 1322(f)(3) and 40 CFR 140.4(a), New 
York may completely prohibit the discharge from all vessels of any 
sewage, whether treated or not, into such waters.

    Dated: August 11, 2015.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2015-22694 Filed 9-8-15; 8:45 am]
 BILLING CODE 6560-50-P
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