80_FR_54455 80 FR 54281 - New York State Prohibition of Discharges of Vessel Sewage; Notice of Final Determination

80 FR 54281 - New York State Prohibition of Discharges of Vessel Sewage; Notice of Final Determination

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 174 (September 9, 2015)

Page Range54281-54283
FR Document2015-22694

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.

Federal Register, Volume 80 Issue 174 (Wednesday, September 9, 2015)
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54281-54283]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Contact        * Days and hours of
      No.                 Name               Location, Lat./Long.         information           operation          Water depth,  (feet)         Fee
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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



                                                                      Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices                                          54281

                                             FERCOnlineSupport@ferc.gov. or call                     Act: Pumpout Station and Dump Station                 present action is limited to whether
                                             (866) 208–3676 (toll free). For TTY, call               Technical Guidelines (Federal Register,               adequate facilities for the safe and
                                             (202) 502–8659.                                         Vol. 59, No. 47, March 10, 1994).                     sanitary removal and treatment of
                                               Dated: September 2, 2015.
                                                                                                        On April 17, 2015, EPA published                   sewage from all vessels are reasonably
                                                                                                     notice of its tentative affirmative                   available within Seneca Lake, Cayuga
                                             Kimberly D. Bose,
                                                                                                     determination that adequate facilities                Lake and the Seneca River and does not
                                             Secretary.                                              for the safe and sanitary removal and                 address the adequacy of enforcement of
                                             [FR Doc. 2015–22645 Filed 9–8–15; 8:45 am]              treatment of sewage from all vessels are              the proposed ban. This comment is
                                             BILLING CODE 6717–01–P                                  reasonably available for Seneca Lake,                 noted but is beyond the scope of EPA’s
                                                                                                     Cayuga Lake and the Seneca River, and                 determination on this matter.
                                                                                                     its approval of New York’s proposal to                   Comment 3: One commenter supports
                                             ENVIRONMENTAL PROTECTION                                ban the discharge of treated and                      the proposed NDZ and suggests that
                                             AGENCY                                                  untreated sewage from vessels into                    EPA and DEC do more to protect water
                                                                                                     those waters under Clean Water Act                    quality from land use changes, pollution
                                             [FRL–9933–54–Region 2]                                  (‘‘CWA’’) § 312(f)(3). (78 FR 59681,                  discharges and energy development.
                                                                                                     September 27, 2013) EPA solicited                        EPA Response: We appreciate this
                                             New York State Prohibition of                                                                                 comment. As noted above, EPA’s
                                                                                                     public comments for 30 days, and the
                                             Discharges of Vessel Sewage; Notice                                                                           determination in the present action is
                                                                                                     comment period ended on May 17,
                                             of Final Determination                                                                                        limited to whether adequate facilities
                                                                                                     2015. EPA received a total of twenty two
                                             AGENCY: Environmental Protection                        comments via letter and email. All of                 for the safe and sanitary removal and
                                             Agency.                                                 the twenty two commenters support                     treatment of sewage from all vessels are
                                             ACTION: Notice of determination.                        EPA’s proposed determination. All of                  reasonably available within Seneca
                                                                                                     the relevant comments received have                   Lake, Cayuga Lake and the Seneca River
                                             SUMMARY:    Notice is hereby given that,                been considered, as discussed below,                  and does not address the need for
                                             pursuant to 33 CFR 1322(f)(3) and 40                    and EPA hereby issues a final                         additional efforts to protect water
                                             CFR 140.4(a), the State of New York has                 affirmative determination that adequate               quality. This comment is noted but is
                                             determined that the protection and                      facilities for the safe and sanitary                  beyond the scope of EPA’s
                                             enhancement of the waters of Seneca                     removal and treatment of sewage from                  determination on this matter.
                                             Lake, Cayuga Lake, the Seneca River                     all vessels are reasonably available                     Certification of Need: New York’s
                                             and tributaries thereto require greater                 within Seneca Lake, Cayuga Lake and                   petition contains a certification by the
                                             environmental protection than the                       the Seneca River.                                     Commissioner of the New York State
                                             applicable Federal standards provide                                                                          Department of Environmental
                                                                                                     EPA Response to Public Comments on                    Conservation (NYSDEC) that the
                                             and petitioned the United States                        the April 17, 2015 Tentative
                                             Environmental Protection Agency                                                                               protection and enhancement of Seneca
                                                                                                     Affirmative Determination                             Lake, Cayuga Lake, the Seneca River
                                             (EPA), Region 2 for a determination that
                                             adequate facilities for the safe and                       Comment 1: Several commenters,                     and the navigable tributaries thereto,
                                             sanitary removal and treatment of                       including boaters, residents, Non-                    requires greater environmental
                                             sewage from all vessels are reasonably                  Governmental Organizations (NGOs)                     protection than the applicable Federal
                                             available for the waters of Seneca Lake,                and community advocates expressed                     standards provide. The certification
                                             Cayuga Lake and the Seneca River, so                    strong support for the establishment of               states that Seneca Lake and Cayuga Lake
                                             that the State may completely prohibit                  a vessel waste no discharge zone                      are water bodies of unique ecological,
                                             the discharge from all vessels of any                   (‘‘NDZ’’) for Seneca Lake, Cayuga Lake,               economic and public health
                                             sewage, whether treated or not, into                    the Seneca River and tributaries thereto.             significance, as well as drinking water
                                             such waters. New York State proposes                    Some commenters pointed out that this                 sources. Pathogens and chemicals
                                                                                                     action will reduce pathogens and                      contained in the currently-lawful
                                             to establish a vessel waste No Discharge
                                                                                                     chemicals, improve water quality and                  effluent from discharging marine
                                             Zone (NDZ) covering the approximately
                                                                                                     further protect drinking water, wildlife              sanitation devices (MSDs) threaten
                                             150 square miles of connected waters
                                                                                                     habitats and restore the lakes.                       public health and the environment and
                                             and tributaries of Seneca Lake, Cayuga
                                                                                                        EPA Response: The petition was                     contravene the State’s ongoing efforts to
                                             Lake and the Seneca River.
                                                                                                     submitted under CWA § 312(f)(3), which                control point and non-point source
                                             FOR FURTHER INFORMATION CONTACT:                        allows New York to establish a vessel                 pollution from municipal discharges,
                                             Moses Chang, (212) 637–3867, email                      sewage no discharge zone if the state                 combined sewer overflows and storm
                                             address: chang.moses@epa.gov .                          determines that the protection and                    water runoff. The proposed NDZ
                                             SUPPLEMENTARY INFORMATION: Notice is                    enhancement of the quality of some or                 represents one component of a
                                             hereby given that the State of New York                 all of the waters within the state require            comprehensive approach to water
                                             (NYS or State) has petitioned the United                greater environmental protection and if               quality management. Protecting Seneca
                                             States Environmental Protection                         EPA determines that adequate facilities               Lake, Cayuga Lake and the Seneca River
                                             Agency, Region 2, pursuant to section                   for the safe and sanitary removal and                 warrants this greater level of
                                             312(f)(3) of Public Law 92–500 as                       treatment of sewage from all vessels are              environmental protection in order to
                                             amended by Public Law 95–217 and                        reasonably available within those                     maintain excellent water quality,
                                             Public Law 100–4, that adequate                         waters. These comments are consistent                 prevent future degradation and speed
                                             facilities for the safe and sanitary                    with New York’s determination of need.                the recovery of impaired segments.
Lhorne on DSK5TPTVN1PROD with NOTICES




                                             removal and treatment of sewage from                       Comment 2: One commenter                              Seneca Lake is the largest and deepest
                                             all vessels are reasonably available for                suggested that stricter enforcement                   of all the Finger Lakes at 4.2 trillion
                                             Seneca Lake, Cayuga Lake and the                        regulations for sewage discharge in                   gallons in volume and 291 feet in
                                             Seneca River.                                           Seneca Lake, Cayuga Lake and the                      average depth. The maximum depth of
                                                Adequate facilities are defined as one               Seneca River are needed.                              the lake is 618 feet. The Seneca Lake
                                             sewage pumpout station for every 300 to                    EPA Response: We appreciate this                   Watershed comprises 14% of the greater
                                             600 boats pursuant to the Clean Vessel                  comment. EPA’s determination in the                   Oswego River Watershed. While the


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                                             54282                     Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices

                                             water quality of the lake is generally                   boats between 26 and 40 feet and all                  each yields a total of 120 commercial
                                             good, the lake is on the NYSDEC                          vessels over 40 feet in length can be                 vessels that operate in the proposed
                                             Priority Waterbody List as a Water with                  assumed to have an installed toilet with              NDZ. As an additional conservative
                                             Minor Impacts. This means that the                       some type of MSD. Vessels below 16                    assumption, all 120 commercial vessels
                                             current uses of the lake are fully                       feet in length are generally presumed                 are assumed to have MSDs. Therefore,
                                             supported but some negative water                        not to have an MSD onboard.                           there are approximately 4,090 vessels
                                             quality impacts have been observed and                                                                         with MSDs operating in the proposed
                                                                                                      Estimated Vessel Population
                                             action must be taken to ensure that the                                                                        NDZ.
                                             water will continue to support its uses                     In support of its petition, New York
                                                                                                      provided information on the vessel                    Available Pumpout Facilities
                                             in the future. Pollutants that negatively
                                             impact the lake include pathogens and                    population in the proposed NDZ. The                      In further support of its petition, New
                                             oxygen demand from the Watkins Glen                      population of recreational vessels using              York provided information on the
                                             wastewater treatment plant and general                   Seneca Lake, Cayuga Lake and the                      number of pumpout facilities available
                                             lakeside activities as well as sediment                  Seneca River was estimated based on                   to the recreational and commercial
                                             from eroding stream banks and steep                      the New York State Office of Parks,                   vessels in the proposed NDZ. The
                                             slopes surrounding the lake. As part of                  Recreation and Historic Preservation’s                federal Clean Vessel Act of 1992 made
                                             its broader efforts to protect and                       2012 Boating Report (OPRHP Report) for                grants available to states for
                                             enhance the water quality of Seneca                      the counties of Cayuga, Ontario,                      construction, replacement and
                                             Lake, New York seeks to eliminate the                    Schuyler, Seneca, Steuben, Tompkins                   renovation of recreational vessel
                                             discharge of pathogens and chemicals                     and Yates, which surround the lakes.                  pumpouts. New York applied for the
                                             from all vessels using the lake.                         While it is very unlikely that every                  first federal grant in 1994 and initiated
                                                Cayuga Lake has a maximum depth of                    single vessel registered in these counties            a statewide program known as the Clean
                                             435 feet and a volume of about 2.5                       will operate in the proposed NDZ                      Vessel Assistance Program (CVAP),
                                             trillion gallons. The Cayuga Lake                        simultaneously, the state took a                      managed and administered by New
                                             Watershed comprises 15% of the greater                   conservative approach and considered                  York State Environmental Facilities
                                             Oswego River Watershed. While the                        all boats registered in these counties as             Corporation that has helped establish
                                             water quality of Cayuga Lake is                          part of the overall recreational vessel               and support 17 pumpout facilities
                                             generally good, the northern to mid-                     population of the proposed NDZ.                       serving Seneca Lake, Cayuga Lake and
                                             south portions of the lake are on the                       According to the OPRHP Report, in                  the Seneca River, of which two are
                                             NYSDEC Priority Waterbody List as                        the seven counties surrounding the                    pumpout boats and 15 are dockside
                                             Threatened Segments because of the                       proposed NDZ, there are 16,740                        pumpouts. EPA independently updated
                                             lake’s significant value as a drinking                   registered boats between 16 and 25 feet               and verified these pumpout information
                                             water resource. As part of its broader                   long, 1,161 boats between 26 and 40 feet              and concluded that two pumpout boats
                                             effort to preserve and enhance water                     long and 71 boats over 40 feet long.                  are out of operation and only 14
                                             quality to maintain the lake’s use as                    Applying the percentages in the DOI                   dockside pumpouts are operational. An
                                             drinking waters with minimal required                    guidance yields an estimate of 3,967                  additional three pumpout facilities are
                                             treatment, New York seeks to eliminate                   recreational vessels with MSDs that                   available to the public but are not
                                             the discharge of pathogens and                           operate in the proposed NDZ.                          funded through CVAP. All these current
                                             chemicals from all vessels using the                        The population of commercial vessels               17 pumpout (14 CVAP + 3 non-CVAP
                                             lake.                                                    using Seneca Lake, Cayuga Lake and the                pumpouts = 17 pumpouts) facilities
                                                                                                      Seneca River was estimated based on                   either discharge to a holding tank, to a
                                             Adequacy of Sewage Removal and                           information provided by the Genesee                   municipal wastewater treatment plant
                                             Treatment Facilities                                     Finger Lakes Regional Planning Board                  or to an on-site septic system.
                                                In determining whether adequate                       and the Finger Lakes Institute as well as                While some commercial shipping
                                             facilities exist for the safe and sanitary               information obtained from the Internet.               vessels are so large as to require special
                                             removal and treatment of sewage from                     According to these sources, the majority              docking accommodations or mobile
                                             all vessels using a water body, EPA                      of commercial vessels operating in the                pumpouts to access pumpout services,
                                             relies on the ‘‘Clean Vessel Act:                        proposed NDZ are chartered fishing                    the commercial vessels that operate in
                                             Pumpout Station and Dump Station                         boats. There are at least 18 charter                  the proposed NDZ are all small enough
                                             Technical Guidelines,’’ (59 FR 11290)                    services that operate primarily in                    to use the same pumpouts that the
                                             published by the U.S. Department of the                  Seneca Lake and Cayuga Lake, as well                  recreational vessels use. Therefore, the
                                             Interior (DOI), which provides that at                   as 11 cruise companies. These                         total number of pumpout facilities
                                             least one pumpout station should be                      companies own anywhere from one to                    available for use by the vessels that
                                             provided for every 300 to 600 boats over                 three vessels. A conservative                         operate in the proposed NDZ is 17. A
                                             16 feet in length. The guidance also                     assumption of 40 companies (18 charter                list of pumpout facilities, phone
                                             provides that approximately 20% of                       companies + 11 cruise companies + 11                  numbers, locations, hours of operation,
                                             boats between 16 and 26 feet, 50% of                     unlisted businesses) with three vessels               water depth and fees is provided below:

                                                                                                                                 Contact           * Days and hours          Water depth,
                                               No.             Name                      Location, Lat./Long.                                                                                           Fee
                                                                                                                               information            of operation              (feet)

                                             1 .......   Cayuga—Sen-           Seneca Lake State Park, 42.870575/              315–789–2331        April 1–Sep-          6′ .........................         $2.00
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                                                          eca—Lock               —76.939667.                                                         tember 30, 24
                                                          CS1–4.                                                                                     hours.
                                             2 .......   Cayuga Lake .......   Allan H Treman. State Marine Park,              607–273–3440        May 1–October         7′ .........................          2.00
                                                                                  42.458467/—76.513033.                                              15, 24 hours.
                                             3 .......   Cayuga Lake .......   Frontenac Harbor, 42.839778/—                   315–889–5532        April 1–October       4′ .........................          5.00
                                                                                  76.695769.                                                         15, 9:00 a.m.–
                                                                                                                                                     4:30 p.m.



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                                                                                Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Notices                                                                                              54283

                                                                                                                                                                Contact                  * Days and hours                     Water depth,
                                               No.                  Name                                 Location, Lat./Long.                                                                                                                            Fee
                                                                                                                                                              information                   of operation                         (feet)

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

                                                                                  RATIO OF PUMPOUTS FACILITIES TO VESSELS OPERATING IN THE PROPOSED NDZ
                                                                                                                                                                                                                                     Total               Boat:
                                                                                                                 Total boat registrations                                                                                          pumpout              pumpout
                                                                                                                                                                                                                                   facilities             ratio

                                             4,090 ........................................................................................................................................................................            17                241:1



                                                Based on a total vessel population of                                       Dated: August 11, 2015.                                                    3520), the Federal Communications
                                             4,090 and 17 currently available                                             Judith A. Enck,                                                              Commission (FCC or Commission)
                                             pumpout facilities, the ratio of boats to                                    Regional Administrator, Region 2.                                            invites the general public and other
                                             pumpouts is 241:1, which means there                                         [FR Doc. 2015–22694 Filed 9–8–15; 8:45 am]                                   Federal agencies to take this
                                             are significantly more pumpouts than                                         BILLING CODE 6560–50–P                                                       opportunity to comment on the
                                             the recommended range of 300–600:1.                                                                                                                       following information collections.
                                             In addition, the pumpouts are well                                                                                                                        Comments are requested concerning:
                                             distributed between the lakes (7 are in                                      FEDERAL COMMUNICATIONS                                                       Whether the proposed collection of
                                             Cayuga Lake and 10 are in Seneca Lake).                                      COMMISSION                                                                   information is necessary for the proper
                                                Based on the information above, and                                       [OMB 3060–XXXX]                                                              performance of the functions of the
                                             after considering the relevant public                                                                                                                     Commission, including whether the
                                             comments, EPA hereby makes a final                                           Information Collection Being                                                 information shall have practical utility;
                                             affirmative determination that adequate                                      Submitted for Review and Approval to                                         the accuracy of the Commission’s
                                             facilities for the safe and sanitary                                         the Office of Management and Budget                                          burden estimate; ways to enhance the
                                             removal and treatment of sewage are                                                                                                                       quality, utility, and clarity of the
                                                                                                                          AGENCY: Federal Communications
                                             reasonably available for all vessels that                                    Commission.                                                                  information collected; ways to minimize
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                                             use the waters of Seneca Lake, Cayuga                                                                                                                     the burden of the collection of
                                                                                                                          ACTION: Notice and request for
                                             Lake and the Seneca River. Accordingly,                                                                                                                   information on the respondents,
                                                                                                                          comments.
                                             pursuant to 33 CFR 1322(f)(3) and 40                                                                                                                      including the use of automated
                                             CFR 140.4(a), New York may completely                                        SUMMARY:  As part of its continuing effort                                   collection techniques or other forms of
                                             prohibit the discharge from all vessels of                                   to reduce paperwork burdens, and as                                          information technology; and ways to
                                             any sewage, whether treated or not, into                                     required by the Paperwork Reduction                                          further reduce the information
                                             such waters.                                                                 Act (PRA) of 1995 (44 U.S.C. 3501–


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Document Created: 2015-12-15 09:53:08
Document Modified: 2015-12-15 09:53:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of determination.
ContactMoses Chang, (212) 637-3867, email
FR Citation80 FR 54281 

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