81 FR 78141 - Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Preliminary Affirmative Determination
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 215 (November 7, 2016)
Federal Register Volume 81, Issue 215 (November 7, 2016)
| Page Range | 78141-78143 | |
| FR Document | 2016-26877 |
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)] [Notices] [Pages 78141-78143] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26877] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-9954-99-Region 10] Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Receipt of Petition and Preliminary Affirmative Determination AGENCY: Environmental Protection Agency (EPA). ACTION: Notice--receipt of petition and preliminary affirmative determination. ----------------------------------------------------------------------- SUMMARY: Notice is given that, pursuant Clean Water Act Section 312(f)(3), the Washington State Department of Ecology has determined that the protection and enhancement of the quality of the waters of Puget Sound requires greater environmental protection, and has petitioned the United States Environmental Protection Agency, Region 10, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for those waters, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. Washington State has proposed to establish a ``No-Discharge Zone'' (NDZ) for all marine waters of Washington State inward from the line between New Dungeness Lighthouse and the Discovery Island Lighthouse to the Canadian border, and fresh waters of Lake Washington, Lake Union, and connecting waters between and to Puget Sound. The western boundary of the NDZ would be the exit of the Strait of Juan de Fuca near the entrance of Admiralty Inlet. This boundary is known and visible to vessel operators as it is the line between New Dungeness Lighthouse and Discovery Island Lighthouse. The northern boundary would be the border with Canada and heading south including all marine waters down to the south end of the south Sound and Hood Canal. The fresh waters of Lake Washington, Union Bay, Montlake Cut, Portage Bay, Lake Union, Fremont Cut, the Lake Washington Ship Canal, and Salmon Bay (the connecting waters from Lake Washington to Puget Sound) would be included. For more information regarding the State's planned NDZ, please go to http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/nodischargezone.html. Today's notice seeks public comment on EPA's tentative determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters subject to Washington's planned NDZ. DATES: Comments regarding this tentative determination must be received on or before December 7, 2016. ADDRESSES: Submit your comments to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Joel Salter, Oregon Operations Office, Water Program Coordinator, 805 SW Broadway, Suite 500, Portland OR 97205; telephone number: (503) 326-2653; fax number: (503) 326-3399.; email address: [email protected], SUPPLEMENTARY INFORMATION: Notice is given that the Washington State Department of Ecology has petitioned the United States Environmental Protection Agency (EPA), Region 10, pursuant to section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, for a [[Page 78142]] determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the waters of Puget Sound. As described in the State's petition, submitted to EPA on July 21, 2016, Ecology included in its application a certification that the protection and enhancement of the waters described in the petition require greater environmental protection than the applicable Federal standard along with pumpout facility information required by EPA regulations. See 40 CFR 140.4. Ecology also submitted supplemental information to EPA on October 14, 2016, regarding commercial vessel pumpout availability in Puget Sound. EPA's role under Section 312(f)(3) of the Clean Water Act is to determine whether adequate pumpout facilities are reasonably available, and EPA is seeking comments on this determination only. Adequacy and Availability of Sewage Pumpout Facilities Guidelines issued pursuant to the Clean Vessel Act for recreational vessels recommend one pumpout station for every 300-600 boats [Clean Vessel Act: Pumpout Station and Dump Station Technical Guidelines, Federal Register, Vol. 59, No. 47, March 10, 1994]. In its petition, the State described the recreational vessel population in Puget Sound and the pumpout facilities and mobile pumpout services that are available for use. The State used two methods to develop a reasonable estimate of the recreational vessel population in Puget Sound. The first method was based on boater registration records obtained from the Washington State Department of Licensing (DOL). Using data from the DOL, the maximum estimated number of recreational vessels in each of the Washington State counties bordering Puget Sound that might require access to pumpout facilities or services under NDZ regulations (i.e., boats larger than 21 feet) is 43,677. Vessels under 21 feet were not included in the estimate because they typically do not have an installed toilet. Because boater registration data may include a number of small, locally registered, commercial vessels such as fishing boats or tug boats, the total may be an overestimate. The second method was based on the number of moorages and slips available to boaters, using Google Earth imagery captured during the summers of 2011 and 2012 to count vacant and occupied marina slips and moored vessels. Using this method, the State estimates a recreational vessel population of 23,555. The State believes that this also may be an overestimate, albeit less of an overestimate than the number calculated using the DOL boater registration data. The State's petition also provided information about 173 pumpout units at 102 locations, and 21 mobile pumpout boats available for recreational vessels in Puget Sound. Both the location and availability of these pumpout facilities and services appear to approximately track the overall distribution of the recreational vessel population. The ongoing costs for recreational vessels to pumpout is minimal, with most pumpouts being free or $5 per pumpout. The majority of pumped sewage is sent to wastewater treatment plants; however, some is sent to onsite septic tanks that meet federal requirements. The most conservative estimate of the ratio of pumpout facilities to recreational vessels is 1:171 boats for each pumpout facility, not including the mobile services. Based on DOL vessel registration data, there is a maximum of 43,677 recreation vessels in Puget Sound that could require access to pumpout facilities. As noted above, this is the State's most conservative (high) estimate. Using a 40 percent peak occupancy rate recommended by the Clean Vessel Act Technical Guidelines cited above, EPA has calculated that 17,471 of the 43,677 boats recreational vessels would require access to a pumpout facility during peak boating season. The State identified 102 recreational pumpout locations, which results in a ratio of 171 recreational vessels for each pumpout location, not including the mobile services. Applying the same 40% occupancy rate to the lower recreational vessel estimate of 23,555 obtained from the moorage count results in a ratio of 92 recreational vessels for each pumpout location, not including the mobile services. Based on the number of available recreational pumpouts, which well exceeds the recommended minimum ratio of 1:600 using the most conservative estimates, EPA tentatively determines that adequate pumpout facilities for the safe and sanitary removal and treatment of sewage for recreational vessels are reasonably available for the waters of Puget Sound. Puget Sound is also used by many different sizes and types of commercial vessels. The State used a study conducted by the Puget Sound Maritime Air Forum (Starcrest, 2007) to develop a reasonable estimate of commercial vessel use of Puget Sound. The study concluded that there were 2,937 entries of large oceangoing vessels into Puget Sound in 2005, and an estimated 678 other commercial vessels that operate mostly within Puget Sound (e.g., escort tugs) or have Puget Sound as their home port (e.g., the fleet of fishing vessels that travels to Alaska each year). According to the State, current vessel statistics are estimated to be similar to the data from 2005. The large, oceangoing transient commercial vessels that are only in Puget Sound for a short period of time (e.g., large cruise ships, freighters and tankers) have large enough holding tanks to hold their waste during the time they are in Puget Sound, with some exceptions. All Washington State Ferries (WSDOT ferries) and U.S. military vessels have holding tanks and use large-scale pumpout facilities where they are moored. Smaller commercial vessels, such as ferries, tugboats, excursion vessels, and fishing vessels with installed toilets can use the stationary pumpouts, mobile pumpout service vessels, some of the recreational pumpouts, or shore-based pumper trucks, described in more detail below. The State identified eight stationary pumpouts dedicated to WSDOT ferries, three dedicated to U.S. Navy vessels, one dedicated to the Victoria Clipper vessels and one for the McNeil Island Department of Corrections vessels. The Port of Bellingham cruise terminal area also has three stationary pumpouts, one of which is used for Alaska Marine Highway vessels and two other pumpouts that can serve other commercial vessels. Although not included in this analysis, EPA notes that two more commercial pumpouts are being installed, one in Seattle for all commercial vessels and another at the Port of Bellingham mostly for fishing vessels. Estimated dates for completion are March and September 2017, respectively. The State's supplemental information identified five companies that specialize in commercial marine work and that are capable of removing sewage from commercial vessel holding tanks. These five companies have a combined total of approximately 52 trucks (capacity ranging from 2,200-7,500 gallons each) and two mobile barges (capacity of 3,000 gallons each). These companies serve all of Puget Sound and can provide pumpout services at a variety of docks and ports for all types of commercial vessels, including tugs, fishing vessels, USCG vessels, smaller cruise ships, tankers, and other vessels. The State's petition and supplemental information also identified 21-23 mobile pumpout vessels. These mobile pumpouts primarily service recreational boats, but several have serviced commercial vessels such as charter boats, fishing vessels, U.S. Coast Guard [[Page 78143]] vessels, and passenger vessels. The mobile pumpout boats have a capacity between 40 and 450 gallons and cover vast areas geographically as they are able to move to vessels, although some stay within their own marina or harbor area. In addition to the pumpouts described above, there are approximately 140 licensed or certified pumper truck companies in Puget Sound that primarily pump out septic tanks, but that can also pump out vessel sewage. The number of trucks in each company ranges from 1-13, and approximately half of these companies contacted by the State are currently, or are willing to, pump out commercial vessel sewage. The State indicates that the number of commercial vessels that are likely to be in regular need of pumpout facilities with a NDZ would include the non-ocean going vessels that include tugboats, commercial fishing vessels, small passenger vessels, NOAA research and survey vessels, WSDOT Ferries, military and other government vessels, excursion and other commercial vessels. Given that the WSDOT Ferries, military vessels, and Victoria Clipper vessels all have dedicated stationary pumpouts, this leaves an approximate 600 vessels that would be in need of other pumpout facilities. With the two stationary commercial pumpouts, at least 52 Sound-wide commercial pumper trucks, and the two Sound-wide mobile commercial pumpout barges described above, this amounts to at least 56 pumpouts available for commercial vessels which results in an approximate ratio of 11:1. This estimated ratio may be conservative, given that a number of the mobile pumpout boats and pumper trucks described above may also provide commercial pumpout services. Based on this information, EPA tentatively determines that adequate pumpout facilities for the safe and sanitary removal and treatment of sewage for commercial vessels are reasonably available for the waters of Puget Sound. Table of Facilities A list of pumpout facilities, phone numbers, locations, hours of operation, water depth and fees is provided at this link to the Washington Dept. of Ecology Web site: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/VesselPumpoutTables.pdf. Based on the information above, EPA proposes to make an 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 Puget Sound. A 30-day period for public comment has been opened on this matter, and EPA invites any comments relevant to this proposed determination. As noted above, EPA's authority under Clean Water Act section 312(f)(3) is to determine whether adequate pumpout facilities are reasonably available and EPA is therefore seeking comments on this determination only. If, after the public comment period ends, EPA 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 Puget Sound, the State may, in accordance with CWA section 312(f)(3), completely prohibit the discharge from all vessels of any sewage, whether treated or not, into those waters. Dated: October 27, 2016. Dennis McLerran, Regional Administrator, Region 10. [FR Doc. 2016-26877 Filed 11-4-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78141
electronic review in the Commission’s ecomment.asp. You must include your would be the border with Canada and
Public Reference Room in Washington, name and contact information at the end heading south including all marine
DC. There is an eSubscription link on of your comments. For assistance, waters down to the south end of the
the Web site that enables subscribers to please contact FERC Online Support at south Sound and Hood Canal. The fresh
receive email notification when a FERCOnlineSupport@ferc.gov, (866) waters of Lake Washington, Union Bay,
document is added to a subscribed 208–3676 (toll free), or (202) 502–8659 Montlake Cut, Portage Bay, Lake Union,
docket(s). For assistance with any FERC (TTY). In lieu of electronic filing, please Fremont Cut, the Lake Washington Ship
Online service, please email send a paper copy to: Secretary, Federal Canal, and Salmon Bay (the connecting
FERCOnlineSupport@ferc.gov. or call Energy Regulatory Commission, 888 waters from Lake Washington to Puget
(866) 208–3676 (toll free). For TTY, call First Street NE., Washington, DC 20426. Sound) would be included. For more
(202) 502–8659. The first page of any filing should information regarding the State’s
Dated: November 1, 2016. include docket number P–2935–026. planned NDZ, please go to http://
Dated: November 1, 2016.
www.ecy.wa.gov/programs/wq/
Nathaniel J. Davis, Sr.,
nonpoint/CleanBoating/
Deputy Secretary. Nathaniel J. Davis, Sr.,
nodischargezone.html.
[FR Doc. 2016–26838 Filed 11–4–16; 8:45 am] Deputy Secretary. Today’s notice seeks public comment
BILLING CODE 6717–01–P [FR Doc. 2016–26840 Filed 11–4–16; 8:45 am] on EPA’s tentative determination that
BILLING CODE 6717–01–P adequate facilities for the safe and
sanitary removal and treatment of
DEPARTMENT OF ENERGY sewage from all vessels are reasonably
ENVIRONMENTAL PROTECTION available for the waters subject to
Federal Energy Regulatory AGENCY Washington’s planned NDZ.
Commission
[FRL–9954–99–Region 10] DATES: Comments regarding this
[Project No. 2935–026] tentative determination must be
Washington State Department of received on or before December 7, 2016.
Melaver/Enterprise Mill, LLC; Ecology Prohibition of Discharges of ADDRESSES: Submit your comments to
Enterprise Mill LLC; Notice of Vessel Sewage; Receipt of Petition and the Federal eRulemaking Portal: http://
Application for Transfer of License and Preliminary Affirmative Determination www.regulations.gov. Follow the online
Soliciting Comments, Motions To instructions for submitting comments.
Intervene, and Protests AGENCY: Environmental Protection Once submitted, comments cannot be
Agency (EPA). edited or withdrawn. The EPA may
On October 12, 2016, Melaver/ ACTION: Notice—receipt of petition and
Enterprise Mill, LLC (transferor) and publish any comment received to its
preliminary affirmative determination. public docket. Do not submit
Enterprise Mill LLC (transferee) filed an
application for the transfer of license of SUMMARY: Notice is given that, pursuant electronically any information you
the Enterprise Mill Project No. 2935. Clean Water Act Section 312(f)(3), the consider to be Confidential Business
The project is located on the Augusta Washington State Department of Information (CBI) or other information
Canal of the Savannah River in Ecology has determined that the whose disclosure is restricted by statute.
Richmond County, Georgia. The project protection and enhancement of the Multimedia submissions (audio, video,
does not occupy federal lands. quality of the waters of Puget Sound etc.) must be accompanied by a written
The applicants seek Commission requires greater environmental comment. The written comment is
approval to transfer the license for the protection, and has petitioned the considered the official comment and
Enterprise Mill Project Melaver/ United States Environmental Protection should include discussion of all points
Enterprise Mill, LLC to Enterprise Mill Agency, Region 10, for a determination you wish to make. The EPA will
LLC. that adequate facilities for the safe and generally not consider comments or
Applicants Contact: For transferor: sanitary removal and treatment of comment contents located outside of the
Ms. Karen Hudspeth, Melaver/ sewage from all vessels are reasonably primary submission (i.e. on the web,
Enterprise Mill, LLC, c/o Melaver, Inc., available for those waters, so that the cloud, or other file sharing system). For
114 Barnard Street, Suite 1A, Savannah, State may completely prohibit the additional submission methods, the full
GA 31401, phone: 912–236–0781. For discharge from all vessels of any EPA public comment policy,
transferee: Mr. Carlos Imery, Enterprise sewage, whether treated or not, into information about CBI or multimedia
Mill LLC, 201 Alhambra Circle, Suite such waters. Washington State has submissions, and general guidance on
1205, Coral Gables, FL 33134, phone: proposed to establish a ‘‘No-Discharge making effective comments, please visit
561–212–8331. Zone’’ (NDZ) for all marine waters of http://www2.epa.gov/dockets/
FERC Contact: Patricia W. Gillis, (202) Washington State inward from the line commenting-epa-dockets.
502–8735, patricia.gillis@ferc.gov. between New Dungeness Lighthouse FOR FURTHER INFORMATION CONTACT: Joel
Deadline for filing comments, motions and the Discovery Island Lighthouse to Salter, Oregon Operations Office, Water
to intervene, and protests: 30 days from the Canadian border, and fresh waters of Program Coordinator, 805 SW
the date that the Commission issues this Lake Washington, Lake Union, and Broadway, Suite 500, Portland OR
notice. The Commission strongly connecting waters between and to Puget 97205; telephone number: (503) 326–
encourages electronic filing. Please file Sound. 2653; fax number: (503) 326–3399.;
comments, motions to intervene, and The western boundary of the NDZ email address: salter.joel@epa.gov,
sradovich on DSK3GMQ082PROD with NOTICES
protests using the Commission’s eFiling would be the exit of the Strait of Juan SUPPLEMENTARY INFORMATION: Notice is
system at http://www.ferc.gov/docs- de Fuca near the entrance of Admiralty given that the Washington State
filing/efiling.asp. Commenters can Inlet. This boundary is known and Department of Ecology has petitioned
submit brief comments up to 6,000 visible to vessel operators as it is the the United States Environmental
characters, without prior registration, line between New Dungeness Protection Agency (EPA), Region 10,
using the eComment system at http:// Lighthouse and Discovery Island pursuant to section 312(f)(3) of the
www.ferc.gov/docs-filing/ Lighthouse. The northern boundary Clean Water Act, 33 U.S.C. 1322, for a
VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1](https://thefederalregister.org/doc/81_FR_78356/page/1.svg)
![78142 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices
determination that adequate facilities an overestimate, albeit less of an mostly within Puget Sound (e.g., escort
for the safe and sanitary removal and overestimate than the number tugs) or have Puget Sound as their home
treatment of sewage from all vessels are calculated using the DOL boater port (e.g., the fleet of fishing vessels that
reasonably available for the waters of registration data. travels to Alaska each year). According
Puget Sound. As described in the State’s The State’s petition also provided to the State, current vessel statistics are
petition, submitted to EPA on July 21, information about 173 pumpout units at estimated to be similar to the data from
2016, Ecology included in its 102 locations, and 21 mobile pumpout 2005.
application a certification that the boats available for recreational vessels The large, oceangoing transient
protection and enhancement of the in Puget Sound. Both the location and commercial vessels that are only in
waters described in the petition require availability of these pumpout facilities Puget Sound for a short period of time
greater environmental protection than and services appear to approximately (e.g., large cruise ships, freighters and
the applicable Federal standard along track the overall distribution of the tankers) have large enough holding
with pumpout facility information recreational vessel population. The tanks to hold their waste during the
required by EPA regulations. See 40 ongoing costs for recreational vessels to time they are in Puget Sound, with some
CFR 140.4. Ecology also submitted pumpout is minimal, with most exceptions. All Washington State
supplemental information to EPA on pumpouts being free or $5 per pumpout. Ferries (WSDOT ferries) and U.S.
October 14, 2016, regarding commercial The majority of pumped sewage is sent military vessels have holding tanks and
vessel pumpout availability in Puget to wastewater treatment plants; use large-scale pumpout facilities where
Sound. EPA’s role under Section however, some is sent to onsite septic they are moored. Smaller commercial
312(f)(3) of the Clean Water Act is to tanks that meet federal requirements. vessels, such as ferries, tugboats,
determine whether adequate pumpout The most conservative estimate of the excursion vessels, and fishing vessels
facilities are reasonably available, and ratio of pumpout facilities to with installed toilets can use the
EPA is seeking comments on this recreational vessels is 1:171 boats for stationary pumpouts, mobile pumpout
determination only. each pumpout facility, not including the service vessels, some of the recreational
mobile services. Based on DOL vessel pumpouts, or shore-based pumper
Adequacy and Availability of Sewage registration data, there is a maximum of trucks, described in more detail below.
Pumpout Facilities 43,677 recreation vessels in Puget The State identified eight stationary
Guidelines issued pursuant to the Sound that could require access to pumpouts dedicated to WSDOT ferries,
Clean Vessel Act for recreational vessels pumpout facilities. As noted above, this three dedicated to U.S. Navy vessels,
recommend one pumpout station for is the State’s most conservative (high) one dedicated to the Victoria Clipper
every 300–600 boats [Clean Vessel Act: estimate. Using a 40 percent peak vessels and one for the McNeil Island
Pumpout Station and Dump Station occupancy rate recommended by the Department of Corrections vessels. The
Technical Guidelines, Federal Register, Clean Vessel Act Technical Guidelines Port of Bellingham cruise terminal area
Vol. 59, No. 47, March 10, 1994]. In its cited above, EPA has calculated that also has three stationary pumpouts, one
petition, the State described the 17,471 of the 43,677 boats recreational of which is used for Alaska Marine
recreational vessel population in Puget vessels would require access to a Highway vessels and two other
Sound and the pumpout facilities and pumpout facility during peak boating pumpouts that can serve other
mobile pumpout services that are season. The State identified 102 commercial vessels. Although not
available for use. recreational pumpout locations, which included in this analysis, EPA notes that
The State used two methods to results in a ratio of 171 recreational two more commercial pumpouts are
develop a reasonable estimate of the vessels for each pumpout location, not being installed, one in Seattle for all
recreational vessel population in Puget including the mobile services. Applying commercial vessels and another at the
Sound. The first method was based on the same 40% occupancy rate to the Port of Bellingham mostly for fishing
boater registration records obtained lower recreational vessel estimate of vessels. Estimated dates for completion
from the Washington State Department 23,555 obtained from the moorage count are March and September 2017,
of Licensing (DOL). Using data from the results in a ratio of 92 recreational respectively.
DOL, the maximum estimated number vessels for each pumpout location, not The State’s supplemental information
of recreational vessels in each of the including the mobile services. identified five companies that specialize
Washington State counties bordering Based on the number of available in commercial marine work and that are
Puget Sound that might require access recreational pumpouts, which well capable of removing sewage from
to pumpout facilities or services under exceeds the recommended minimum commercial vessel holding tanks. These
NDZ regulations (i.e., boats larger than ratio of 1:600 using the most five companies have a combined total of
21 feet) is 43,677. Vessels under 21 feet conservative estimates, EPA tentatively approximately 52 trucks (capacity
were not included in the estimate determines that adequate pumpout ranging from 2,200–7,500 gallons each)
because they typically do not have an facilities for the safe and sanitary and two mobile barges (capacity of
installed toilet. Because boater removal and treatment of sewage for 3,000 gallons each). These companies
registration data may include a number recreational vessels are reasonably serve all of Puget Sound and can
of small, locally registered, commercial available for the waters of Puget Sound. provide pumpout services at a variety of
vessels such as fishing boats or tug Puget Sound is also used by many docks and ports for all types of
boats, the total may be an overestimate. different sizes and types of commercial commercial vessels, including tugs,
The second method was based on the vessels. The State used a study fishing vessels, USCG vessels, smaller
number of moorages and slips available conducted by the Puget Sound Maritime
sradovich on DSK3GMQ082PROD with NOTICES
cruise ships, tankers, and other vessels.
to boaters, using Google Earth imagery Air Forum (Starcrest, 2007) to develop The State’s petition and supplemental
captured during the summers of 2011 a reasonable estimate of commercial information also identified 21–23
and 2012 to count vacant and occupied vessel use of Puget Sound. The study mobile pumpout vessels. These mobile
marina slips and moored vessels. Using concluded that there were 2,937 entries pumpouts primarily service recreational
this method, the State estimates a of large oceangoing vessels into Puget boats, but several have serviced
recreational vessel population of 23,555. Sound in 2005, and an estimated 678 commercial vessels such as charter
The State believes that this also may be other commercial vessels that operate boats, fishing vessels, U.S. Coast Guard
VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1](https://thefederalregister.org/doc/81_FR_78356/page/2.svg)
![Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices 78143
vessels, and passenger vessels. The matter, and EPA invites any comments ADDRESSES: EPA has established a
mobile pumpout boats have a capacity relevant to this proposed determination. docket for this action under Docket ID
between 40 and 450 gallons and cover As noted above, EPA’s authority under EPA–HQ–OAR–2013–0573. All
vast areas geographically as they are Clean Water Act section 312(f)(3) is to documents relied upon in making this
able to move to vessels, although some determine whether adequate pumpout decision, including those submitted to
stay within their own marina or harbor facilities are reasonably available and EPA by CARB, are contained in the
area. In addition to the pumpouts EPA is therefore seeking comments on public docket. Publicly available docket
described above, there are this determination only. If, after the materials are available either
approximately 140 licensed or certified public comment period ends, EPA electronically through
pumper truck companies in Puget makes a final affirmative determination www.regulations.gov or in hard copy at
Sound that primarily pump out septic that adequate facilities for the safe and the Air and Radiation Docket in the EPA
tanks, but that can also pump out vessel sanitary removal and treatment of Headquarters Library, EPA West
sewage. The number of trucks in each sewage from all vessels are reasonably Building, Room 3334, 1301 Constitution
company ranges from 1–13, and available for the waters of Puget Sound, Avenue NW., Washington, DC. The
approximately half of these companies the State may, in accordance with CWA Public Reading Room is open to the
contacted by the State are currently, or section 312(f)(3), completely prohibit public on all federal government
are willing to, pump out commercial the discharge from all vessels of any working days from 8:30 a.m. to 4:30
vessel sewage. sewage, whether treated or not, into p.m.; generally, it is open Monday
The State indicates that the number of those waters. through Friday, excluding holidays. The
commercial vessels that are likely to be telephone number for the Reading Room
Dated: October 27, 2016.
in regular need of pumpout facilities is (202) 566–1744. The Air and
with a NDZ would include the non- Dennis McLerran,
Radiation Docket and Information
ocean going vessels that include Regional Administrator, Region 10.
Center’s Web site is http://www.epa.gov/
tugboats, commercial fishing vessels, [FR Doc. 2016–26877 Filed 11–4–16; 8:45 am]
oar/docket.html. The email address for
small passenger vessels, NOAA research BILLING CODE 6560–50–P the Air and Radiation Docket is: a-and-
and survey vessels, WSDOT Ferries, r-docket@epa.gov, the telephone
military and other government vessels, number is (202) 566–1742, and the fax
excursion and other commercial vessels. ENVIRONMENTAL PROTECTION
number is (202) 566–9744. An
Given that the WSDOT Ferries, military AGENCY
electronic version of the public docket
vessels, and Victoria Clipper vessels all is available through the federal
have dedicated stationary pumpouts, [EPA–HQ–OAR–2013–0573; FRL–9954–96– government’s electronic public docket
this leaves an approximate 600 vessels OAR] and comment system at http://
that would be in need of other pumpout www.regulations.gov. After opening the
facilities. With the two stationary California State Motor Vehicle
www.regulations.gov Web site, enter
commercial pumpouts, at least 52 Pollution Control Standards;
EPA–HQ–OAR–2013–0573 in the ‘‘Enter
Sound-wide commercial pumper trucks, Malfunction and Diagnostic System
Keyword or ID’’ fill-in box to view
and the two Sound-wide mobile Requirements and Enforcement for
documents in the record. Although a
commercial pumpout barges described 2004 and Subsequent Model Year
part of the official docket, the public
above, this amounts to at least 56 Passenger Cars, Light Duty Trucks,
docket does not include Confidential
pumpouts available for commercial and Medium Duty Vehicles and
Business Information (‘‘CBI’’) or other
vessels which results in an approximate Engines; Notice of Decision
information whose disclosure is
ratio of 11:1. This estimated ratio may
AGENCY: Environmental Protection restricted by statute.
be conservative, given that a number of EPA’s Office of Transportation and
the mobile pumpout boats and pumper Agency (EPA).
ACTION: Notice of Decision. Air Quality (‘‘OTAQ’’) maintains a Web
trucks described above may also provide page that contains general information
commercial pumpout services. Based on on its review of California waiver and
SUMMARY: The Environmental Protection
this information, EPA tentatively authorization requests. Included on that
Agency (EPA) is granting the California
determines that adequate pumpout page are links to prior waiver Federal
Air Resources Board’s (‘‘CARB’’) request
facilities for the safe and sanitary Register notices, some of which are
for a waiver of Clean Air Act
removal and treatment of sewage for cited in today’s notice; the page can be
preemption to enforce amendments to
commercial vessels are reasonably accessed at http://www.epa.gov/otaq/
regulations entitled ‘‘Malfunction and
available for the waters of Puget Sound. cafr.htm.
Diagnostic System Requirements—2004
Table of Facilities and Subsequent Model-Year Passenger FOR FURTHER INFORMATION CONTACT:
A list of pumpout facilities, phone Cars, Light-Duty Trucks and Medium- David Dickinson, Office of
numbers, locations, hours of operation, Duty Vehicles and Engines’’ (‘‘OBD II Transportation and Air Quality, U.S.
water depth and fees is provided at this Requirements’’) and amendments to Environmental Protection Agency, 1200
link to the Washington Dept. of Ecology CARB’s regulations entitled Pennsylvania Ave. (6405J) NW.,
Web site: http://www.ecy.wa.gov/ ‘‘Enforcement of Malfunction and Washington, DC 20460. Telephone:
programs/wq/nonpoint/CleanBoating/ Diagnostic Systems Requirements for (202) 343–9256. Fax: (202) 343–2800.
VesselPumpoutTables.pdf. 2004 and Subsequent Model-Year Email: dickinson.david@epa.gov.
Based on the information above, EPA Passenger Cars, Light-Duty Trucks, and
sradovich on DSK3GMQ082PROD with NOTICES
SUPPLEMENTARY INFORMATION:
proposes to make an affirmative Medium-Duty Vehicles and Engines’’
determination that adequate facilities (‘‘OBD II Enforcement Regulation’’). I. Background
for the safe and sanitary removal and This decision is issued under the CARB initially adopted the OBD II
treatment of sewage from all vessels are authority of the Clean Air Act (‘‘CAA’’ regulation in July 1990 and has adopted
reasonably available for the waters of or ‘‘the Act’’). a number of amendments subsequently.
Puget Sound. A 30-day period for public DATES: Petitions for review must be filed The OBD II regulation directs motor
comment has been opened on this by January 6, 2017. vehicle manufacturers to incorporate
VerDate Sep<11>2014 16:02 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\07NON1.SGM 07NON1](https://thefederalregister.org/doc/81_FR_78356/page/3.svg)
Document Created: 2018-02-14 08:21:24
Document Modified: 2018-02-14 08:21:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice--receipt of petition and preliminary affirmative determination. | |
| Dates | Comments regarding this tentative determination must be received on or before December 7, 2016. | |
| Contact | Joel Salter, Oregon Operations Office, Water Program Coordinator, 805 SW Broadway, Suite 500, Portland OR 97205; telephone number: (503) 326-2653; fax number: (503) 326-3399.; | |
| FR Citation | 81 FR 78141 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR