[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Notices]
[Pages 29757-29759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12653]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9155-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination.

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SUMMARY: Notice is hereby given that the Regional Administrator of the 
Environmental Protection Agency--Region 2, has determined that adequate 
facilities for the safe and sanitary removal and treatment of sewage 
from all vessels are reasonably available for the waters of the New 
York State (NYS) Canal System, including the 524 linear miles of 
navigable waterways within the Erie, Oswego, Champlain, and Cayuga-
Seneca canal segments, and including Onondaga, Oneida, and Cross Lakes.

SUPPLEMENTARY INFORMATION: On April 30, 2009, the State of New York 
petitioned the Regional Administrator, EPA--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, for a determination that adequate facilities for 
the safe and sanitary removal and treatment of sewage from all vessels 
are reasonably available for the NYS Canal System.
    The NYS Department of Environmental Conservation (NYSDEC), in 
collaboration with the New York State Canal Corporation, the New York 
Department of State, and the New York State Environmental Facilities 
Corporation, prepared and submitted the petition, and NYSDEC certified 
the need for greater protection of the water quality in the NYS Canal 
System.
    The waters of the proposed No Discharge Zone fall within the 
jurisdictions of the NYS Thruway Authority and NYS Canal Recreationway 
Commission, and include four distinct segments of the NYS Canal System. 
Adequate pumpout facilities are defined as one pumpout station for 
every 300 to 600 boats, pursuant to the Clean Vessel Act: Pumpout 
Station and Dump Station Technical Guidelines (59 FR 11290-02).
    Findings: Potential vessel population in the NYS Canal System was 
determined using three sources of information: slips (6,896), boater 
registrations (21,201), and lockings (23,278). Based on the numbers 
determined through these sources and the number of pumpouts available 
(87), the following ratios were determined: using number of slips: 
1:80, using NYS Boater Registrations 1:243, and using number of 
lockings: 1:267, respectively. Thus adequate pumpouts are available for 
all boaters using the NYS Canal System. For all vessel waste disposal 
from pumpouts, there are 87 NYS Clean Vessel Assistance Program (CVAP) 
completed projects, 4 dispose of wastes to an on-site septic system, 21 
dispose to a holding tank and 62 dispose to a municipal wastewater 
treatment plant. Thus all vessel sewage will be either discharge into 
State approved and regulated septic tanks or holding tanks for 
transport to a sewage treatment plant. Online maps are provided at 
http://www.nysefc.org/maps and include Google maps of pumpout locations 
and marina sheets that provide boaters with detailed availability 
information. Based on the above, EPA Region 2, has determined that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for the waters of the 
New York State (NYS) Canal System. The following is a summary of EPA's 
findings regarding the adequacy of pumpout facilities for the four 
Canal System segments at issue:

Champlain Canal

    The Champlain Canal encompasses an area from the Federal lock in 
Troy, NY, to Whitehall, NY. The Champlain Canal leads north to Lake 
Champlain. Lake Champlain is a large waterbody that is already 
designated as a No Discharge Zone (NDZ) for vessel sewage, and the 
direct disposal of greywater into the lake is also prohibited. The 
total travel distance of the canal area is 60 miles, and to travel the 
entire length takes approximately 7 hours. There are 276 slips 
available and 7 operating pumpouts on the Champlain Canal. The 1:300 
ratio would only require one pumpout, if the calculation were based 
solely on the number of slips. The availability of seven pumpouts for 
this canal meets the criteria for sufficient pumpout access, even 
accounting for some additional demand from transient traffic. The NYS 
side of Lake Champlain has an additional 1,014 slips available and 8 
additional pumpouts.

Erie Canal

    The Erie Canal stretches from Waterford (at the confluence of the 
Mohawk and Hudson Rivers) to the Tonawandas (at the Niagara River), 
traveling through Oneida Lake and Cross Lake, and connecting to 
Onondaga Lake along the way. This portion of the Canal is 338 miles 
long and has 44 pumpouts available for 2,555 slips. Achieving a 1:300 
ratio would require a minimum of nine pumpouts for the

[[Page 29758]]

current number of slips. Therefore, there is more than a sufficient 
number of pumpouts for this canal segment as a whole.

Oswego Canal

    The Oswego Canal is a 24-mile-long stretch from the main Erie Canal 
up to the Port of Oswego and Lake Ontario. This section of the canal 
has 407 slips and three pumpouts, all located at the City of Oswego 
terminus. The travel time for the length of this segment is 
approximately two hours and 20 minutes. Along the way, the Minetto 
River View Park in Minetto and the Canal Park Marina in Fulton have 
restrooms available for boaters.

Cayuga-Seneca Canal

    The Cayuga-Seneca Canal is a small, 12-mile-long section of the 
larger canal that veers from the main Erie Canal and intersects with 
two Finger Lakes--Cayuga and Seneca Lakes. It contains 582 slips and 
seven pumpouts. In addition, although the two lakes are not included in 
this NYS Canal NDZ application, there are 7 pumpouts available in 
Cayuga and 5 pumpouts available in Seneca.
    Public Comments: EPA published a notice of petition and tentative 
affirmative determination on March 15, 2010 in the Federal Register (75 
FR 12233-01). Public comments were solicited for 30 days, and the 
comment period ended on April 14, 2010. EPA Region 2 received a total 
of forty-eight (48) comments. All the comments received are in favor of 
the NDZ designation with some suggestions and questions.
    EPA received letters from the following individuals:

1. George E. Wegman, Rochester, NY
2. Meredith J. Sorenoen, Fairport, NY
3. Eugene Spanganberg, Farmington, NY
4. Roberta Przybylowicz, Webster, NY
5. Barbara S. Rivette, Chair, Onondaga County Council on Environmental 
Health, Syracuse, New York

    EPA received e-mails from the following individuals:

1. Richard Steinheider, Pittsford, NY
2. Paul Miller, Churchville, NY
3. Gary & Carmela Gilbert
4. Doug Hitchcock, Fairport, NY
5. Richard Carello, Canastota, NY
6. Craig Farnsworth
7. Patrick Micari, Fairport, NY
8. Diane Worske, Johnstown, NY
9. Sara Jackson, West Melbourne, FL
10. Captain Hugh Warfle
11. Emily Castner, Pittsford, NY
12. Sean Patrick Mulvery, Pittsford, NY
13. Rob Peterson, Penfield, NY
14. Marci Wilcove, Pittsford, NY
15. Bill Campbell
16. Brian S. Smith, Ontario, NY
17. Sandy Leary, Webster, NY
18. Wade Hughes
19. Bernard McCullen, Pittsford, NY
20. Bill Pullis, Pittsford, NY
21. Stephanie Post, Waterloo, NY
22. Charles Gibson
23. J. Potter
24. Roger Schurkamp
25. James Whitney
26. Janet Blaser
27. William Wood, NY
28. Charlotte Witte, Conesus, NY
29. Marty La Nay
30. Melody Burdekin, Pittsford, NY
31. Tina McKean, Scottsville, NY
32. Margaret Y. Myers
33. Beth Tarduno
34. Maria Tarduno
35. Gene Dichiara, Rochester, NY
36. Pete Deloe
37. James Walsh, Pittsford, NY
38. Constance M. Glover, Fairport, NY
39. G. Terry Thomas
40. Peter Collinge, Henrietta, NY
41. Edmund Brescia, Staten Island, NY
42. Cindy Halpern, Pittsford, NY
43. Russell Nemecek, Syracuse, NY

    Summary of Comments and EPA's Responses: All forty-eight (48) 
commenters expressed strong support for the establishment of a NDZ for 
the NYS Canal System and commented that this Final Determination was an 
important step in protecting the water quality and the resources of the 
canal system. They raised the following issues or suggestions regarding 
the NDZ designation.
    Issue 1: One commenter stated that chlorine is introduced in large 
amounts through the disinfection of the final effluent from the on-line 
sewer plants on all tributaries flowing into Oneida Lake, and suggested 
that the potential adverse impact of the residual chlorine on biota and 
drinking water might be avoided by employing other means to disinfect 
the final effluent from the treatment plants, such as ultraviolet light 
or ozone.
    EPA Response: This comment is on a topic that is beyond the scope 
of this action, as this action does not involve treatment standards for 
sewage treatment plants.
    Issue 2: One commenter stated that, in addition to the boaters, 
there are many homes along the waterways that are dumping directly into 
the canal system.
    EPA Response: This comment is on a topic that is beyond the scope 
of this action, as this action only addresses the discharge of sewage 
from vessels. If the commenter has specific information regarding 
unpermitted discharges from homes into the canal system, the commenter 
should report that information to the NYSDEC.
    Issue 3: Many commenters expressed concerns about the adequacy of 
existing pumpout facilities in the NYS Canal System, including the 
total number of facilities and the conditions and availability of the 
pumpouts.
    EPA Response: The criterion established by the Clean Vessel Act 
regarding the adequate number of pumpouts per vessel population is one 
pumpout per 300 to 600 vessels. As described above, NYSDEC has 
submitted pumpout information (including location, phone numbers, lat./
long., VHF channel, dates and hours of operation, fees, and capacity) 
demonstrating that all areas of the NYS Canal System meet or exceed 
this criterion. Therefore, EPA has determined that there are adequate 
pumpout facilities.
    Issue 4: One commenter stated that the newly proposed NDZ for the 
NYS Canal System leads to the wrong impression that boaters have been, 
and continue to be, polluting the canal with human wastes. The 
commenter thought that the current Coast Guard Regulations prohibit 
discharge of waste within three miles of shore and, therefore, that 
there were no sewage discharges allowed by boaters into the canal.
    EPA Response: Federal law prohibits the discharge of untreated 
sewage from vessels into any waters of the U.S., which include 
territorial seas within three miles of shore. However, boats with Type 
I and Type II Marine Sanitation Devices may discharge treated effluent 
in coastal waters UNLESS they are in a No Discharge Zone. A Type III 
marine sanitation device (holding tank) is the only type that can be 
used legally in a NDZ. Once a NDZ is established, vessels cannot 
discharge treated or untreated sewage into the waterbody (40 CFR 
140.4).
    Issue 5: One commenter stated that states should designate all of 
their surface waters as NDZ. Several commenters stated that the 
proposed NDZ for the NYS Canal System should have been established much 
sooner to protect the water quality throughout the Canal System.
    EPA Response: Under the Clean Water Act, states may petition, by a 
written application, for a NDZ designation from the EPA Regional 
Administrator under Sections 312(f)(3), 312(f)(4)(A), or 312(f)(4)(B) 
of the Clean Water Act. To initiate the NDZ process, an interested 
party, group, or local government can discuss their concerns with the 
State agency or agencies responsible for addressing vessel sewage 
discharges. If the State determines a waterbody to be

[[Page 29759]]

appropriate for designation as a NDZ, the State can submit to the EPA 
Regional Administrator an application to have the waterbody (or 
waterbodies) of concern designated. The application and designation 
process varies depending upon the type of NDZ that the State is 
seeking.
    Issue 6: Several commenters suggest that stricter enforcement 
regulations for sewage discharge in the NYS Canal System are needed.
    EPA Response: New York State's enforcement authority of NDZs is 
addressed in the New York State Navigation Law. Under Article 3, 
Section 33(e), paragraph 4 ``any vessel being operated upon waters of 
the State that have been designated as a vessel waste NDZ may be 
boarded and inspected by the department or health department or any 
lawfully designated agents or inspectors thereof * * *'' All certified 
peace officers are agents of the State, which means that any bona-fide 
law enforcement officer (State, County, Village police, including bay 
constables, Harbor Masters, etc.) has the authority to enforce the NDZ. 
Therefore, EPA believes that New York State's ability to enforcement 
the NDZs is sufficient.
    While information on each pumpout was published in the March 15, 
2010, some information was missing at that time. Therefore, the 
following listings complete those pumpout facility descriptions that 
were incomplete.
    Name: Brockport Lift Bridge.
    Phone Number: (585) 637-5300.
    Lat./Long.: 43.216898/-77.938367.
    VHF Channel: None.
    Dates of Operation: May 1-October 15, Mon.-Sun.
    Hours of Operation: 24 Hours.
    Facility Fee: $0.00.
    Vessel Size: Unlimited.
    Disposal/Treatment: Connection to Municipal System.
    Facility Fee: $0.00.

    Name: Village of Fairport, NY.
    Phone Number: (585) 421-3240.
    Lat./Long.: 43. 100742/-77.440136.
    VHF Channel: None.
    Dates of Operation: Memorial Day-November 1, Mon.-Sun.
    Hours of Operation: 24 hrs.
    Facility Fee: $0.00.
    Vessel Size: 40'.
    Disposal/Treatment: N/A.

    Name: Little Falls Canal Harbor.
    Phone Number: (315) 823-2400.
    Lat./Long.: 43.034692/-74.865492.
    VHF Channel: 16.
    Dates of Operation: Memorial Day-November 1, Mon.-Sun.
    Hours of Operation: 7 a.m. to 10 p.m.
    Facility Fee: $0.00.
    Vessel Size: Unlimited.
    Disposal/Treatment: Septic.

    Name: Schenectady Yacht Club, Inc.
    Phone Number: (585) 384-3707.
    Lat./Long.: 42.850978/-73.88734723.
    VHF Channel: 16.
    Dates of Operation: Memorial Day-November 1, Mon.-Sun.
    Hours of Operation: 24 Hours.
    Facility Fee: $0.00.
    Vessel Size: Unlimited.
    Disposal/Treatment: N/A.
    In addition, some pumpouts that were included in the tentative 
decision are no longer available. These are listed below. Midway Marina 
and Service, Weedsport, NY, Fisher Bay Marina, Bridgeport, NY, Cold 
Springs Harbor, Baldwinsville, NY.
    Determination: EPA hereby makes a final affirmative determination 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage from all vessels are reasonably available for the 
waters of the New York State Canal System, including the 524 linear 
miles of navigable waterways within the Erie, Oswego, Champlain, and 
Cayuga-Seneca canal segments, and including Onondaga, Oneida, and Cross 
Lakes.

    Dated: May 14, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-12653 Filed 5-26-10; 8:45 am]
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