82_FR_11251 82 FR 11218 - Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination

82 FR 11218 - Washington State Department of Ecology Prohibition of Discharges of Vessel Sewage; Final Affirmative Determination

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 33 (February 21, 2017)

Page Range11218-11221
FR Document2017-03353

The Regional Administrator of the Environmental Protection Agency, Region 10, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available 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. This notice constitutes EPA's final determination on the petition submitted by the Washington State Department of Ecology on July 21, 2016, pursuant to Section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 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 Puget Sound. This determination does not itself constitute the designation of a no-discharge zone, rather, the State of Washington may now in its discretion finalize its proposed designation in accordance with state law and take the steps it deems appropriate to implement and enforce the discharge prohibition.

Federal Register, Volume 82 Issue 33 (Tuesday, February 21, 2017)
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Notices]
[Pages 11218-11221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03353]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9959-09-Region 10]


Washington State Department of Ecology Prohibition of Discharges 
of Vessel Sewage; Final Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of determination.

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

SUMMARY: The Regional Administrator of the Environmental Protection 
Agency, Region 10, has determined that adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available 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. This 
notice constitutes EPA's final determination on the petition submitted 
by the Washington State Department of Ecology on July 21, 2016, 
pursuant to Section 312(f)(3) of the Clean Water Act, 33 U.S.C. 1322, 
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 Puget Sound. This determination does not 
itself constitute the designation of a no-discharge zone, rather, the 
State of Washington may now in its discretion

[[Page 11219]]

finalize its proposed designation in accordance with state law and take 
the steps it deems appropriate to implement and enforce the discharge 
prohibition.

EPA Response to Public Comments on the November 7, 2016 Preliminary 
Affirmative Determination

    On November 7, 2016, EPA published notice of its preliminary 
affirmative 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 proposed 
no-discharge zone [FR Number 2016-26877; 81 FR 78141, November 7, 2016] 
with a 30-day public comment period. At the request of stakeholders, 
EPA extended the 30-day public comment period from December 7, 2016 to 
December 23, 2016.
    EPA received a total of 40,462 comments via letter, email, online 
using the Federal eRulemaking Portal, and in person. All forms of input 
were considered equally. Of the comments received, 328 were individual 
letters and 40,134 were form letters, mass mailers and/or petitions, a 
few with minor additions. Of the individual letters, approximately two-
thirds supported and one-third opposed EPA's preliminary affirmative 
determination. Two mass mailers totaling 72 signatures opposed EPA's 
tentative affirmative determination and 40,062 supported it. Comments 
were submitted by individuals, environmental organizations, vessel 
associations, boating and yacht clubs, industry representatives, port 
authorities, county, federal, local and tribal governmental entities, 
and other interested groups.
    In addition to comments expressing support or opposition to a Puget 
Sound no-discharge zone, many commenters specifically addressed the 
adequacy and availability of pumpout facilities, while others focused 
on broader issues beyond the scope of EPA's review and determination. 
All of the relevant comments received have been considered. EPA has 
prepared a response to comments that supports this determination. The 
response to comments document can be found at this Web site: https://www.epa.gov/puget-sound/epas-final-determination-no-discharge-zone-puget-sound.

FOR FURTHER INFORMATION, CONTACT: Catherine Gockel, U.S. EPA Region 10, 
Office of Water and Watersheds, 1200 Sixth Ave., Seattle, Washington 
98101; telephone number (206) 553-0325; fax number (206) 553-1280; 
email address [email protected].

SUPPLEMENTARY INFORMATION: The 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 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, 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 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.
    According to the Ecology's petition, 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 no-discharge zone, please go 
to: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/nodischargezone.html.

Washington State Department of Ecology's Certificate of Need

    The Washington State Department of Ecology developed its petition 
in order to establish a vessel sewage no-discharge zone 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, and has submitted a certificate that the 
protection and enhancement of the waters described in the petition 
require greater environmental protection than the applicable Federal 
standard.

Adequacy and Availability of Sewage Pumpout Facilities

    EPA's determination is based on the information provided in 
Ecology's July 21, 2016 petition as well as supplemental information 
that Ecology submitted to EPA on October 14, 2016, regarding commercial 
vessel pumpout availability in Puget Sound. In reaching this final 
determination, EPA has conducted additional outreach to verify and 
confirm the information provided in Ecology's submittals and follow up 
on comments received. The information obtained further supports EPA's 
determination that adequate pumpout out facilities for the safe and 
sanitary removal of sewage are reasonably available for both commercial 
and recreational vessels. Additional detail is provided below and in 
EPA's response to comments document.
    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 
as well as the stationary 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

[[Page 11220]]

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. EPA's review of Ecology's petition 
and the comments received has confirmed that the total number, location 
and availability of these pumpout facilities and services 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.
    Accordingly, even using the more conservative vessel count, the 
resulting ratio well exceeds the recommended minimum ratio of 1:600. In 
addition, EPA has confirmed that numerous mobile pumpout trucks and 
vessels are available to provide service for recreational vessels 
throughout Puget Sound. As set forth in Table 8 of Ecology's supplement 
information, there are 194 mobile pumpout companies; of these, at least 
52 vacuum trucks and two mobile pumpout vessels are available for 
pumping out larger recreational vessels. Mobile pumpout services are 
available seven days a week, with extended hours during the busy summer 
months. These mobile services provide additional pumpout options to 
address concerns raised regarding location or access issues. Additional 
information is provided in EPA's response to comments document.
    Based on this information, EPA 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 commercial vessel 
statistics are estimated to be similar to the data from 2005. Based on 
information provided by a commenter, updated information in 2013 may 
raise this number to 709. As discussed below, this difference of 31 
vessels does not make a measurable difference in terms of EPA's 
conclusions regarding the ratio of commercial vessels to available 
pumpout facilities.
    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. 
Although included in the initial overall vessel estimate, these vessels 
do not have a need to pumpout and were not included when assessing the 
adequacy of pumpout facilities. Washington State Ferries (WSDOT 
ferries) and U.S. military vessels have holding tanks and use large-
scale, dedicated 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 
2,200-7,000 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. EPA contacted four of 
the commercial marine work companies identified in Ecology's 
supplemental information document and confirmed that the information 
provided was accurate.
    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 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 within a no-
discharge zone 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, they have been removed

[[Page 11221]]

from the count and EPA has not included their 14 dedicated pumpout 
facilities in the analysis below. Using the starting number of 678 from 
the 2005 Starcrest survey, this leaves an approximate 600 vessels that 
would be in need of other pumpout facilities. Using the starting number 
of 709 from the 2013 Starcrest survey would leave 631 vessels in need 
of 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, using either the 600 or 631 vessel estimates cited above. In 
addition to this ratio, EPA has considered the fact that these mobile 
pumpouts provide service throughout Puget Sound, provide sufficient 
capacity for commercial vessels, and generally do not experience dock 
access issues. Moreover, these pumpout services can be scheduled by 
appointment to accommodate vessel needs and itineraries, and are 
sufficiently diversified such that they do not experience seasonal 
fluctuations. Given the widespread availability and flexibility of 
these services and the overall ratio of 11:1, EPA 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.
    EPA further notes that the 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.

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 Department of Ecology Web site: http://www.ecy.wa.gov/programs/wq/nonpoint/CleanBoating/VesselPumpoutTables.pdf.
    Based on the information above, the EPA hereby makes a final 
affirmative determination that adequate facilities for the safe and 
sanitary removal and treatment of sewage from all vessels are 
reasonably available for the waters of Puget Sound.

    Dated: February 13, 2017.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2017-03353 Filed 2-17-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                11218                       Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices

                                                approximately 1,760 feet above mean                     (P–14807) in the docket number field to               of Executive Departments and Agencies
                                                sea level (msl) created through                         access the document. For assistance,                  to temporarily postpone for sixty days
                                                construction of new roller-compacted                    contact FERC Online Support.                          from the date of the memorandum the
                                                concrete or rock-filled dams and/or                       Dated: February 14, 2017.                           effective dates of all regulations (defined
                                                dikes; (2) excavating a new lower                       Kimberly D. Bose,
                                                                                                                                                              in the January 20, 2017 memorandum to
                                                reservoir with a surface area of 131 acres                                                                    include ‘‘an interpretation of a statutory
                                                                                                        Secretary.
                                                and a total storage capacity of 5,040                                                                         or regulatory issue’’) that had been
                                                acre-feet at a surface elevation of 1,099               [FR Doc. 2017–03323 Filed 2–17–17; 8:45 am]
                                                                                                                                                              published in the Federal Register but
                                                feet msl; (3) a new 900-foot-long, 48-                  BILLING CODE 6717–01–P                                had not yet taken effect. The Federal
                                                inch-diameter penstock connecting the                                                                         Register Notice entitled ‘‘Statutory
                                                upper reservoirs; (4) a new 3,387-foot-                                                                       Requirements for Substantiation of
                                                long, 48-inch-diameter penstock                         ENVIRONMENTAL PROTECTION                              Confidential Business Information (CBI)
                                                connecting the upper and lower                          AGENCY                                                Claims Under the Toxic Substances
                                                reservoirs; (5) a new 150-foot-long, 50-                [EPA–HQ–OPPT–2017–0026; FRL–9959–39]                  Control Act (TSCA)’’ is subject to the
                                                foot-wide powerhouse containing two                                                                           effective date delay. The new effective
                                                turbine-generator units with a total rated              Statutory Requirements for                            date for this action is March 21, 2017.
                                                capacity of 300 megawatts; (6) a new                    Substantiation of Confidential                           If deemed appropriate, EPA may
                                                transmission line connecting the                        Business Information (CBI) Claims                     consider delaying the effective date of
                                                powerhouse to a nearby electric grid                    Under the Toxic Substances Control                    this action beyond March 21, 2017.
                                                interconnection point with options to                   Act (TSCA); Delay of Effective Date                     Authority: 15 U.S.C. 2601 et seq.
                                                evaluate multiple grid interconnection
                                                locations; and (7) appurtenant facilities.              AGENCY: Environmental Protection                        Dated: February 13, 2017.
                                                Possible initial fill water and make-up                 Agency (EPA).                                         Wendy Cleland-Hamnett,
                                                water would come from Catawissa                         ACTION: Delay of effective date.                      Acting Assistant Administrator, Office of
                                                Creek. The proposed project would have                                                                        Chemical Safety and Pollution Prevention.
                                                an annual generation of 867,187                         SUMMARY:   In accordance with the                     [FR Doc. 2017–03352 Filed 2–17–17; 8:45 am]
                                                megawatt-hours.                                         Presidential directive as expressed in                BILLING CODE 6560–50–P
                                                   Applicant Contact: Adam Rousselle,                   the memorandum of January 20, 2017,
                                                Merchant Hydro Developers, LLC, 5710                    from the Assistant to the President and
                                                Oak Crest Drive, Doylestown, PA 18902;                  Chief of Staff, entitled ‘‘Regulatory                 ENVIRONMENTAL PROTECTION
                                                phone: (267) 254–6107.                                  Freeze Pending Review’’, this action                  AGENCY
                                                   FERC Contact: Tim Looney; phone:                     delays until March 21, 2017, the
                                                                                                                                                              [FRL–9959–09–Region 10]
                                                (202) 502–6096.                                         effective date of the Federal Register
                                                   Deadline for filing comments, motions                Notice entitled ‘‘Statutory Requirements              Washington State Department of
                                                to intervene, competing applications                    for Substantiation of Confidential                    Ecology Prohibition of Discharges of
                                                (without notices of intent), or notices of              Business Information (CBI) Claims                     Vessel Sewage; Final Affirmative
                                                intent to file competing applications: 60               Under the Toxic Substances Control Act                Determination
                                                days from the issuance of this notice.                  (TSCA)’’, published in the Federal
                                                Competing applications and notices of                   Register on January 19, 2017 (82 FR                   AGENCY: Environmental Protection
                                                intent must meet the requirements of 18                 6522, FRL–9958–34).                                   Agency (EPA).
                                                CFR 4.36.                                               DATES: This action is effective February              ACTION: Notice of determination.
                                                   The Commission strongly encourages
                                                                                                        21, 2017. The effective date of the                   SUMMARY:    The Regional Administrator
                                                electronic filing. Please file comments,
                                                                                                        Federal Register Notice entitled                      of the Environmental Protection
                                                motions to intervene, notices of intent,
                                                                                                        ‘‘Statutory Requirements for                          Agency, Region 10, has determined that
                                                and competing applications using the
                                                                                                        Substantiation of Confidential Business               adequate facilities for the safe and
                                                Commission’s eFiling system at http://
                                                                                                        Information (CBI) Claims Under the                    sanitary removal and treatment of
                                                www.ferc.gov/docs-filing/efiling.asp.
                                                                                                        Toxic Substances Control Act (TSCA)’’,                sewage from all vessels are reasonably
                                                Commenters can submit brief comments
                                                                                                        published in the Federal Register on                  available for all marine waters of
                                                up to 6,000 characters, without prior
                                                                                                        January 19, 2017 (82 FR 6522, FRL–                    Washington State inward from the line
                                                registration, using the eComment system
                                                                                                        9958–34), is delayed from March 20,                   between New Dungeness Lighthouse
                                                at http://www.ferc.gov/docs-filing/
                                                                                                        2017 to a new effective date of March                 and the Discovery Island Lighthouse to
                                                ecomment.asp. You must include your
                                                                                                        21, 2017.                                             the Canadian border, and fresh waters of
                                                name and contact information at the end
                                                of your comments. For assistance,                       FOR FURTHER INFORMATION CONTACT:                      Lake Washington, Lake Union, and
                                                please contact FERC Online Support at                   Scott M. Sherlock, Attorney Advisor,                  connecting waters between and to Puget
                                                FERCOnlineSupport@ferc.gov, (866)                       Environmental Assistance Division,                    Sound. This notice constitutes EPA’s
                                                208–3676 (toll free), or (202) 502–8659                 Office of Pollution Prevention and                    final determination on the petition
                                                (TTY). In lieu of electronic filing, please             Toxics, Environmental Protection                      submitted by the Washington State
                                                send a paper copy to: Secretary, Federal                Agency, 1200 Pennsylvania Ave. NW.,                   Department of Ecology on July 21, 2016,
                                                Energy Regulatory Commission, 888                       Washington, DC 20460–0001; telephone                  pursuant to Section 312(f)(3) of the
                                                First Street NE., Washington, DC 20426.                 number: (202) 564–8257; email address:                Clean Water Act, 33 U.S.C. 1322, for a
                                                                                                        sherlock.scott@epa.gov.                               determination that adequate facilities
sradovich on DSK3GMQ082PROD with NOTICES




                                                The first page of any filing should
                                                include docket number P–14807–000.                      SUPPLEMENTARY INFORMATION: EPA bases                  for the safe and sanitary removal and
                                                   More information about this project,                 this action on the Presidential directive             treatment of sewage from all vessels are
                                                including a copy of the application, can                as expressed in the memorandum of                     reasonably available for the waters of
                                                be viewed or printed on the ‘‘eLibrary’’                January 20, 2017, from the Assistant to               Puget Sound. This determination does
                                                link of the Commission’s Web site at                    the President and Chief of Staff, entitled            not itself constitute the designation of a
                                                http://www.ferc.gov/docs-filing/                        ‘‘Regulatory Freeze Pending Review’’.                 no-discharge zone, rather, the State of
                                                elibrary.asp. Enter the docket number                   That memorandum directed the heads                    Washington may now in its discretion


                                           VerDate Sep<11>2014   17:15 Feb 17, 2017   Jkt 241001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\21FEN1.SGM   21FEN1


                                                                            Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices                                           11219

                                                finalize its proposed designation in                    SUPPLEMENTARY INFORMATION:       The                  require greater environmental protection
                                                accordance with state law and take the                  Department of Ecology has petitioned                  than the applicable Federal standard.
                                                steps it deems appropriate to implement                 the United States Environmental
                                                                                                                                                              Adequacy and Availability of Sewage
                                                and enforce the discharge prohibition.                  Protection Agency (EPA), Region 10,
                                                                                                                                                              Pumpout Facilities
                                                                                                        pursuant to section 312(f)(3) of the
                                                EPA Response to Public Comments on                                                                               EPA’s determination is based on the
                                                                                                        Clean Water Act, 33 U.S.C. 1322, for a
                                                the November 7, 2016 Preliminary                                                                              information provided in Ecology’s July
                                                                                                        determination that adequate facilities
                                                Affirmative Determination                                                                                     21, 2016 petition as well as
                                                                                                        for the safe and sanitary removal and
                                                   On November 7, 2016, EPA published                   treatment of sewage from all vessels are              supplemental information that Ecology
                                                notice of its preliminary affirmative                   reasonably available for the waters of                submitted to EPA on October 14, 2016,
                                                                                                        Puget Sound. As described in the State’s              regarding commercial vessel pumpout
                                                determination that adequate facilities
                                                                                                        petition, submitted to EPA on July 21,                availability in Puget Sound. In reaching
                                                for the safe and sanitary removal and
                                                                                                        2016, the Washington State Department                 this final determination, EPA has
                                                treatment of sewage from all vessels are
                                                                                                        of Ecology has determined that the                    conducted additional outreach to verify
                                                reasonably available for the waters
                                                                                                        protection and enhancement of the                     and confirm the information provided
                                                subject to Washington’s proposed no-
                                                                                                        quality of the waters of Puget Sound                  in Ecology’s submittals and follow up
                                                discharge zone [FR Number 2016–
                                                                                                        requires greater environmental                        on comments received. The information
                                                26877; 81 FR 78141, November 7, 2016]
                                                                                                        protection, and petitioned the United                 obtained further supports EPA’s
                                                with a 30-day public comment period.
                                                                                                        States Environmental Protection                       determination that adequate pumpout
                                                At the request of stakeholders, EPA
                                                                                                        Agency, Region 10, for a determination                out facilities for the safe and sanitary
                                                extended the 30-day public comment                                                                            removal of sewage are reasonably
                                                period from December 7, 2016 to                         that adequate facilities for the safe and
                                                                                                        sanitary removal and treatment of                     available for both commercial and
                                                December 23, 2016.                                                                                            recreational vessels. Additional detail is
                                                                                                        sewage from all vessels are reasonably
                                                   EPA received a total of 40,462                                                                             provided below and in EPA’s response
                                                                                                        available for those waters, so that the
                                                comments via letter, email, online using                                                                      to comments document.
                                                                                                        State may completely prohibit the
                                                the Federal eRulemaking Portal, and in                                                                           Guidelines issued pursuant to the
                                                                                                        discharge from all vessels of any
                                                person. All forms of input were                                                                               Clean Vessel Act for recreational vessels
                                                                                                        sewage, whether treated or not, into
                                                considered equally. Of the comments                                                                           recommend one pumpout station for
                                                                                                        such waters.
                                                received, 328 were individual letters                                                                         every 300–600 boats [Clean Vessel Act:
                                                and 40,134 were form letters, mass                         According to the Ecology’s petition,               Pumpout Station and Dump Station
                                                mailers and/or petitions, a few with                    the western boundary of the NDZ would                 Technical Guidelines, Federal Register,
                                                minor additions. Of the individual                      be the exit of the Strait of Juan de Fuca             Vol. 59, No. 47, March 10, 1994]. In its
                                                letters, approximately two-thirds                       near the entrance of Admiralty Inlet.                 petition, the State described the
                                                supported and one-third opposed EPA’s                   This boundary is known and visible to                 recreational vessel population in Puget
                                                preliminary affirmative determination.                  vessel operators as it is the line between            Sound as well as the stationary
                                                Two mass mailers totaling 72 signatures                 New Dungeness Lighthouse and                          pumpout facilities and mobile pumpout
                                                opposed EPA’s tentative affirmative                     Discovery Island Lighthouse. The                      services that are available for use.
                                                determination and 40,062 supported it.                  northern boundary would be the border                    The State used two methods to
                                                Comments were submitted by                              with Canada and heading south                         develop a reasonable estimate of the
                                                individuals, environmental                              including all marine waters down to the               recreational vessel population in Puget
                                                organizations, vessel associations,                     south end of the south Sound and Hood                 Sound. The first method was based on
                                                boating and yacht clubs, industry                       Canal. The fresh waters of Lake                       boater registration records obtained
                                                representatives, port authorities, county,              Washington, Union Bay, Montlake Cut,                  from the Washington State Department
                                                federal, local and tribal governmental                  Portage Bay, Lake Union, Fremont Cut,                 of Licensing (DOL). Using data from the
                                                entities, and other interested groups.                  the Lake Washington Ship Canal, and                   DOL, the maximum estimated number
                                                                                                        Salmon Bay (the connecting waters from                of recreational vessels in each of the
                                                   In addition to comments expressing                   Lake Washington to Puget Sound)                       Washington State counties bordering
                                                support or opposition to a Puget Sound                  would be included. For more                           Puget Sound that might require access
                                                no-discharge zone, many commenters                      information regarding the State’s                     to pumpout facilities or services under
                                                specifically addressed the adequacy and                 planned no-discharge zone, please go to:              NDZ regulations (i.e., boats larger than
                                                availability of pumpout facilities, while               http://www.ecy.wa.gov/programs/wq/                    21 feet) is 43,677. Vessels under 21 feet
                                                others focused on broader issues beyond                 nonpoint/CleanBoating/                                were not included in the estimate
                                                the scope of EPA’s review and                           nodischargezone.html.                                 because they typically do not have an
                                                determination. All of the relevant
                                                                                                        Washington State Department of                        installed toilet. Because boater
                                                comments received have been
                                                                                                        Ecology’s Certificate of Need                         registration data may include a number
                                                considered. EPA has prepared a
                                                                                                                                                              of small, locally registered, commercial
                                                response to comments that supports this
                                                                                                          The Washington State Department of                  vessels such as fishing boats or tug
                                                determination. The response to
                                                                                                        Ecology developed its petition in order               boats, the total may be an overestimate.
                                                comments document can be found at
                                                                                                        to establish a vessel sewage no-                         The second method was based on the
                                                this Web site: https://www.epa.gov/
                                                                                                        discharge zone for all marine waters of               number of moorages and slips available
                                                puget-sound/epas-final-determination-
                                                                                                        Washington State inward from the line                 to boaters, using Google Earth imagery
                                                no-discharge-zone-puget-sound.
                                                                                                        between New Dungeness Lighthouse                      captured during the summers of 2011
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                                                FOR FURTHER INFORMATION, CONTACT:                       and the Discovery Island Lighthouse to                and 2012 to count vacant and occupied
                                                Catherine Gockel, U.S. EPA Region 10,                   the Canadian border, and fresh waters of              marina slips and moored vessels. Using
                                                Office of Water and Watersheds, 1200                    Lake Washington, Lake Union, and                      this method, the State estimates a
                                                Sixth Ave., Seattle, Washington 98101;                  connecting waters between and to Puget                recreational vessel population of 23,555.
                                                telephone number (206) 553–0325; fax                    Sound, and has submitted a certificate                The State believes that this also may be
                                                number (206) 553–1280; email address                    that the protection and enhancement of                an overestimate, albeit less of an
                                                gockel.catherine@epa.gov.                               the waters described in the petition                  overestimate than the number


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                                                11220                       Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices

                                                calculated using the DOL boater                         provided in EPA’s response to                         commercial vessels. Although not
                                                registration data.                                      comments document.                                    included in this analysis, EPA notes that
                                                   The State’s petition also provided                      Based on this information, EPA                     two more commercial pumpouts are
                                                information about 173 pumpout units at                  determines that adequate pumpout                      being installed, one in Seattle for all
                                                102 locations, and 21 mobile pumpout                    facilities for the safe and sanitary                  commercial vessels and another at the
                                                boats available for recreational vessels                removal and treatment of sewage for                   Port of Bellingham mostly for fishing
                                                in Puget Sound. EPA’s review of                         recreational vessels are reasonably                   vessels. Estimated dates for completion
                                                Ecology’s petition and the comments                     available for the waters of Puget Sound.              are March and September 2017,
                                                received has confirmed that the total                      Puget Sound is also used by many                   respectively.
                                                number, location and availability of                    different sizes and types of commercial                  The State’s supplemental information
                                                these pumpout facilities and services                   vessels. The State used a study                       identified five companies that specialize
                                                track the overall distribution of the                   conducted by the Puget Sound Maritime                 in commercial marine work and that are
                                                recreational vessel population. The                     Air Forum (Starcrest, 2007) to develop                capable of removing sewage from
                                                ongoing costs for recreational vessels to               a reasonable estimate of commercial                   commercial vessel holding tanks. These
                                                pumpout is minimal, with most                           vessel use of Puget Sound. The study                  five companies have a combined total of
                                                pumpouts being free or $5 per pumpout.                  concluded that there were 2,937 entries               approximately 52 trucks (capacity
                                                The majority of pumped sewage is sent                   of large oceangoing vessels into Puget                ranging from 2,200–7,000 gallons each)
                                                to wastewater treatment plants;                         Sound in 2005, and an estimated 678                   and two mobile barges (capacity of
                                                however, some is sent to onsite septic                  other commercial vessels that operate                 3,000 gallons each). These companies
                                                tanks that meet federal requirements.                   mostly within Puget Sound (e.g., escort               serve all of Puget Sound and can
                                                   The most conservative estimate of the                tugs) or have Puget Sound as their home               provide pumpout services at a variety of
                                                ratio of pumpout facilities to                          port (e.g., the fleet of fishing vessels that         docks and ports for all types of
                                                recreational vessels is 1:171 boats for                 travels to Alaska each year). According               commercial vessels, including tugs,
                                                each pumpout facility, not including the                to the State, current commercial vessel               fishing vessels, USCG vessels, smaller
                                                mobile services. Based on DOL vessel                    statistics are estimated to be similar to             cruise ships, tankers, and other vessels.
                                                registration data, there is a maximum of                the data from 2005. Based on                          EPA contacted four of the commercial
                                                43,677 recreation vessels in Puget                      information provided by a commenter,                  marine work companies identified in
                                                Sound that could require access to                      updated information in 2013 may raise                 Ecology’s supplemental information
                                                pumpout facilities. As noted above, this                this number to 709. As discussed below,               document and confirmed that the
                                                is the State’s most conservative (high)                 this difference of 31 vessels does not                information provided was accurate.
                                                estimate. Using a 40 percent peak                       make a measurable difference in terms                    The State’s petition and supplemental
                                                occupancy rate recommended by the                       of EPA’s conclusions regarding the ratio              information also identified 21–23
                                                Clean Vessel Act Technical Guidelines                   of commercial vessels to available                    mobile pumpout vessels. These mobile
                                                cited above, EPA has calculated that                    pumpout facilities.                                   pumpouts primarily service recreational
                                                17,471 of the 43,677 boats recreational                    The large, oceangoing transient                    boats, but several have serviced
                                                vessels would require access to a                       commercial vessels that are only in                   commercial vessels such as charter
                                                pumpout facility during peak boating                    Puget Sound for a short period of time                boats, fishing vessels, U.S. Coast Guard
                                                season. The State identified 102                        (e.g., large cruise ships, freighters and             vessels, and passenger vessels. The
                                                recreational pumpout locations, which                   tankers) have large enough holding                    mobile pumpout boats have a capacity
                                                results in a ratio of 171 recreational                  tanks to hold their waste during the                  between 40 and 450 gallons and cover
                                                vessels for each pumpout location, not                  time they are in Puget Sound, with some               vast areas geographically as they are
                                                including the mobile services. Applying                 exceptions. Although included in the                  able to move to vessels, although some
                                                the same 40% occupancy rate to the                      initial overall vessel estimate, these                stay within their own marina or harbor
                                                lower recreational vessel estimate of                   vessels do not have a need to pumpout                 area. In addition to the pumpouts
                                                23,555 obtained from the moorage count                  and were not included when assessing                  described above, there are
                                                results in a ratio of 92 recreational                   the adequacy of pumpout facilities.                   approximately 140 licensed or certified
                                                vessels for each pumpout location, not                  Washington State Ferries (WSDOT                       pumper truck companies in Puget
                                                including the mobile services.                          ferries) and U.S. military vessels have               Sound that primarily pump out septic
                                                   Accordingly, even using the more                     holding tanks and use large-scale,                    tanks, but that can also pump out vessel
                                                conservative vessel count, the resulting                dedicated pumpout facilities where they               sewage. The number of trucks in each
                                                ratio well exceeds the recommended                      are moored. Smaller commercial                        company ranges from 1–13, and
                                                minimum ratio of 1:600. In addition,                    vessels, such as ferries, tugboats,                   approximately half of these companies
                                                EPA has confirmed that numerous                         excursion vessels, and fishing vessels                contacted by the State are currently, or
                                                mobile pumpout trucks and vessels are                   with installed toilets can use the                    are willing to, pump out commercial
                                                available to provide service for                        stationary pumpouts, mobile pumpout                   vessel sewage.
                                                recreational vessels throughout Puget                   service vessels, some of the recreational                The State indicates that the number of
                                                Sound. As set forth in Table 8 of                       pumpouts, or shore-based pumper                       commercial vessels that are likely to be
                                                Ecology’s supplement information, there                 trucks, described in more detail below.               in regular need of pumpout facilities
                                                are 194 mobile pumpout companies; of                       The State identified eight stationary              within a no-discharge zone would
                                                these, at least 52 vacuum trucks and two                pumpouts dedicated to WSDOT ferries,                  include the non-ocean going vessels that
                                                mobile pumpout vessels are available                    three dedicated to U.S. Navy vessels,                 include tugboats, commercial fishing
                                                for pumping out larger recreational                     one dedicated to the Victoria Clipper                 vessels, small passenger vessels, NOAA
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                                                vessels. Mobile pumpout services are                    vessels and one for the McNeil Island                 research and survey vessels, WSDOT
                                                available seven days a week, with                       Department of Corrections vessels. The                Ferries, military and other government
                                                extended hours during the busy summer                   Port of Bellingham cruise terminal area               vessels, excursion and other commercial
                                                months. These mobile services provide                   also has three stationary pumpouts, one               vessels. Given that the WSDOT Ferries,
                                                additional pumpout options to address                   of which is used for Alaska Marine                    military vessels, and Victoria Clipper
                                                concerns raised regarding location or                   Highway vessels and two other                         vessels all have dedicated stationary
                                                access issues. Additional information is                pumpouts that can serve other                         pumpouts, they have been removed


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                                                                            Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Notices                                                 11221

                                                from the count and EPA has not                          FEDERAL ELECTION COMMISSION              standards in section 4 of the BHC Act
                                                included their 14 dedicated pumpout                                                              (12 U.S.C. 1843). Unless otherwise
                                                facilities in the analysis below. Using                 Sunshine Act Meetings                    noted, nonbanking activities will be
                                                the starting number of 678 from the                                                              conducted throughout the United States.
                                                                                                        AGENCY: Federal Election Commission.
                                                2005 Starcrest survey, this leaves an                                                              Unless otherwise noted, comments
                                                                                                        DATE AND TIME: Thursday, February 23,    regarding each of these applications
                                                approximate 600 vessels that would be
                                                in need of other pumpout facilities.                    2017 at 10:00 a.m.                       must be received at the Reserve Bank
                                                Using the starting number of 709 from                   PLACE: 999 E Street NW., Washington,     indicated or the offices of the Board of
                                                the 2013 Starcrest survey would leave                   DC (Ninth Floor)                         Governors not later than March 17,
                                                631 vessels in need of pumpout                          STATUS: This meeting will be open to the 2017.
                                                facilities.                                             public.                                    A. Federal Reserve Bank of
                                                   With the two stationary commercial                   ITEMS TO BE DISCUSSED:                   Minneapolis (Jacquelyn K. Brunmeier,
                                                pumpouts, at least 52 Sound-wide                        Draft Advisory Opinion 2016–23:          Assistant Vice President) 90 Hennepin
                                                commercial pumper trucks, and the two                      Socialist Workers Party               Avenue, Minneapolis, Minnesota
                                                Sound-wide mobile commercial                            Management and Administrative            55480–0291:
                                                pumpout barges described above, this                       Matters                                 1. Stearns Financial Services, Inc.
                                                amounts to at least 56 pumpouts                            Individuals who plan to attend and    Employee Stock Ownership Plan, Saint
                                                available for commercial vessels which                  require special assistance, such as sign Cloud, Minnesota; to retain and acquire
                                                results in an approximate ratio of 11:1,                language interpretation or other         additional stock and increase its
                                                using either the 600 or 631 vessel                      reasonable accommodations, should        ownership interest up to 23.594 percent
                                                estimates cited above. In addition to this              contact Dayna C. Brown, Acting           of Stearns Financial Services, Inc., Saint
                                                ratio, EPA has considered the fact that                 Secretary and Clerk, at (202) 694–1040,  Cloud, Minnesota, and thereby
                                                these mobile pumpouts provide service                   at least 72 hours prior to the meeting   indirectly increase its control of Stearns
                                                throughout Puget Sound, provide                         date.                                    Bank National Association, Saint Cloud,
                                                sufficient capacity for commercial                                                               Minnesota; Stearns Bank of Upsala,
                                                                                                        PERSON TO CONTACT FOR INFORMATION:
                                                vessels, and generally do not experience                                                         National Association, Upsala,
                                                                                                        Judith Ingram, Press Officer, Telephone:
                                                dock access issues. Moreover, these                                                              Minnesota; and Stearns Bank of
                                                                                                        (202) 694–1220.
                                                pumpout services can be scheduled by                                                             Holdingford, National Association,
                                                                                                          Signed:                                Holdingford, Minnesota.
                                                appointment to accommodate vessel
                                                needs and itineraries, and are                          Dayna C. Brown,                                         Board of Governors of the Federal Reserve
                                                sufficiently diversified such that they do              Acting Secretary and Clerk of the                     System, February 14, 2017.
                                                not experience seasonal fluctuations.                   Commission.                                           Yao-Chin Chao,
                                                Given the widespread availability and                   [FR Doc. 2017–03456 Filed 2–16–17; 4:15 pm]           Assistant Secretary of the Board.
                                                flexibility of these services and the                   BILLING CODE 6715–01–P                                [FR Doc. 2017–03257 Filed 2–17–17; 8:45 am]
                                                overall ratio of 11:1, EPA determines                                                                         BILLING CODE 6210–01–P
                                                that adequate pumpout facilities for the
                                                safe and sanitary removal and treatment                 FEDERAL RESERVE SYSTEM
                                                of sewage for commercial vessels are                                                                          FEDERAL RESERVE SYSTEM
                                                reasonably available for the waters of                  Formations of, Acquisitions by, and
                                                Puget Sound.                                            Mergers of Bank Holding Companies                     Notice of Proposals To Engage in or
                                                   EPA further notes that the estimated                                                                       To Acquire Companies Engaged in
                                                                                                          The companies listed in this notice
                                                ratio may be conservative, given that a                                                                       Permissible Nonbanking Activities
                                                                                                        have applied to the Board for approval,
                                                number of the mobile pumpout boats                      pursuant to the Bank Holding Company                     The companies listed in this notice
                                                and pumper trucks described above may                   Act of 1956 (12 U.S.C. 1841 et seq.)                  have given notice under section 4 of the
                                                also provide commercial pumpout                         (BHC Act), Regulation Y (12 CFR part                  Bank Holding Company Act (12 U.S.C.
                                                services.                                               225), and all other applicable statutes               1843) (BHC Act) and Regulation Y, (12
                                                Table of Facilities                                     and regulations to become a bank                      CFR part 225) to engage de novo, or to
                                                   A list of pumpout facilities, phone                  holding company and/or to acquire the                 acquire or control voting securities or
                                                numbers, locations, hours of operation,                 assets or the ownership of, control of, or            assets of a company, including the
                                                water depth, and fees is provided at this               the power to vote shares of a bank or                 companies listed below, that engages
                                                link to the Washington Department of                    bank holding company and all of the                   either directly or through a subsidiary or
                                                Ecology Web site: http://                               banks and nonbanking companies                        other company, in a nonbanking activity
                                                www.ecy.wa.gov/programs/wq/                             owned by the bank holding company,                    that is listed in § 225.28 of Regulation Y
                                                nonpoint/CleanBoating/                                  including the companies listed below.                 (12 CFR 225.28) or that the Board has
                                                VesselPumpoutTables.pdf.                                  The applications listed below, as well              determined by Order to be closely
                                                   Based on the information above, the                  as other related filings required by the              related to banking and permissible for
                                                EPA hereby makes a final affirmative                    Board, are available for immediate                    bank holding companies. Unless
                                                determination that adequate facilities                  inspection at the Federal Reserve Bank                otherwise noted, these activities will be
                                                for the safe and sanitary removal and                   indicated. The applications will also be              conducted throughout the United States.
                                                treatment of sewage from all vessels are                available for inspection at the offices of               Each notice is available for inspection
                                                                                                        the Board of Governors. Interested                    at the Federal Reserve Bank indicated.
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                                                reasonably available for the waters of
                                                Puget Sound.                                            persons may express their views in                    The notice also will be available for
                                                                                                        writing on the standards enumerated in                inspection at the offices of the Board of
                                                 Dated: February 13, 2017.                              the BHC Act (12 U.S.C. 1842(c)). If the               Governors. Interested persons may
                                                Michelle L. Pirzadeh,                                   proposal also involves the acquisition of             express their views in writing on the
                                                Acting Regional Administrator, Region 10.               a nonbanking company, the review also                 question whether the proposal complies
                                                [FR Doc. 2017–03353 Filed 2–17–17; 8:45 am]             includes whether the acquisition of the               with the standards of section 4 of the
                                                BILLING CODE 6560–50–P                                  nonbanking company complies with the                  BHC Act.


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Document Created: 2018-02-01 15:04:14
Document Modified: 2018-02-01 15:04:14
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.
FR Citation82 FR 11218 

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