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New York State Prohibition on Marine Discharges of Vessel Sewage; Notice of Final Affirmative Determination
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 11, 2001 (Volume 66, Number 197)]
[Notices]
[Page 51954-51955]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc01-88]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7078-2]
New York State Prohibition on Marine Discharges of Vessel Sewage;
Notice of Final Affirmative Determination
Notice is hereby given that a final affirmative determination has
been made by the Regional Administrator, Environmental Protection
Agency (EPA), pursuant to section 312(f) of Public Law 92-500, as
amended by Public Law 95-217 and Public Law 100-4 (the Clean Water
Act), that adequate facilities for the safe and sanitary removal and
treatment of sewage from all vessels are reasonably available for the
waters of the Port Jefferson Harbor Complex, County of Suffolk, State
of New York. The Harbor complex consists of several waterbodies,
including Port Jefferson Harbor, Setauket Harbor, Little Bay, the
Narrows and Conscience Bay. The boundary line for the proposed No
Discharge Area shall extend from the easternmost point at Old Field
Beach northerly to the westernmost point at White Beach. A Notice of
Receipt of Petition and Tentative Determination was published in the
Federal Register on April 26, 2001 and public comments regarding the
tentative determination were accepted through May 26, 2001. One comment
letter was received from the American Waterways Operators (AWO) dated
May 4, 2001.
AWO commented that the Town of Brookhaven had not contacted any of
their members, which operate in the Port Jefferson Harbor, as the Town
claims. Specifically, AWO contends that the two largest commercial
waterfront facilities, TOSCO and Keyspan Energy, in Port Jefferson
Harbor that are served by the tug and barge industry were neither
consulted nor considered. The Town of Brookhaven contacted Barking
Marine representing TILCON, TOSCO Pipeline and Keyspan Energy on
September 22, 2000. The companies indicated that compliance with No
Discharge Area (NDA) requirements would not be a problem. These
conversations were documented and signed by Peter Koutrakos,
Harbormaster, Town of Brookhaven. Many of the commercial vessels are
equipped with chemical treatment systems and holding tanks. These
vessels can either use a pumpout facility, a commercial septage hauler
or discharge their treated waste after they have left the NDA. Based on
the logs submitted to EPA and the statements made by the
representatives of TOSCO Pipeline, Keyspan Energy and Barker Marine,
EPA has determined that adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are reasonably
available.
This petition was made by the New York State Department of
Environmental Conservation (NYSDEC) in cooperation with the Town of
Brookhaven. Upon receipt of an affirmative determination in response to
this petition, NYSDEC will completely prohibit the discharge of sewage,
whether treated or not, from any vessel in the Port Jefferson Harbor
Complex in accordance with section 312(f)(3) of the Clean Water Act and
40 CFR 140.4(a).
The Port Jefferson Harbor Complex is located on the north shore of
Long Island with approximately 64 miles of tidal shoreline contiguous
to Long Island Sound. Port Jefferson's marine waters are comprised of
approximately 2,000 acres of harbors, bays and tidal wetlands. The
Harbor complex is a major producer of hard clams, soft clams and
oysters in New York State. The Harbor complex is used extensively by
recreational boaters. Seasonal and transient mooring areas, as well as
private and public marinas and boat ramps, are located in the area.
Information submitted by the State of New York and the Town of
Brookhaven indicate that there are two existing pumpout facilities and
two pumpout boats available to service vessels which use the Port
Jefferson Harbor Complex. The Town of Brookhaven operates a fixed
pumpout station at the Port Jefferson Marina. The pumpout is available
24 hours a day beginning May 1 through October 31 and is self-service.
No fee is charged for the use of the pumpout. Water Depth is 10-feet at
mean low water making it accessible to all recreational boats. The Town
of Brookhaven operates a mobile pumpout vessel which is dedicated to
the Harbor complex from mid-May through mid-September. The hours of
operations are Saturdays from 10 am to 5 pm, Sundays from 8 am to 5 pm
and holidays from 8 am to 5 pm. The pumpout vessel is also available
for pumpouts on Fridays and Mondays by appointment. No fee is charged
for the service. The Town has a second pumpout vessel that during
periods of heavy demand also services Port Jefferson Harbor. Danfords
Marina located on East Broadway, Port Jefferson, operates a pumpout.
The pumpout is available during normal business hours from May through
October. A $10.00 fee is charged for the use of the pumpout. Water
depth is 6 feet at mean low water.
Vessel waste generated from the pumpout facilities located at the
Town of Brookhaven's Port Jefferson Marina and their pumpout vessel,
and at the Danfords Marina is hauled by privately operated waste
haulers. All hauled waste from the pumpout facilities is discharged
into and treated at the Suffolk County sewage treatment plant at Bergen
Point located in Babylon.
There are five pumpouts located in harbors adjacent to the Port
Jefferson Harbor Complex. Two pumpouts are located in Stony Brook
Harbor. One pumpout is located in the Nisseqouque River while two more
are located in Mt. Sinai Harbor.
According to the State's petition, the maximum daily vessel
population for the waters of Port Jefferson Harbor Complex is
approximately 900 vessels which are docked or moored. An inventory was
developed including the number of recreational, commercial and
estimated transient vessels that occupy the harbor bay complex. The
ratio of boats to pumpout facilities has been based on the total number
of vessels which could be expected. With two shore-side pumpout
facilities and one pumpout vessel available to boaters, the ratio of
docked or moored boats (including transients) is approximately 300
vessels per pumpout. Standard guidelines refer to acceptable ratios
failing in the range of 300 to 600 vessels per pumpout. If the EPA
calculation is employed (as listed in the guidance manual entitled,
``Protecting Coastal Waters from Vessel and Marina Discharges: A Guide
for State and Local Officials--April 1994), it estimates that two
pumpouts are needed to provide adequate facilities.
Several commercial vessel operators are active in and around the
harbor. These include the Bridgeport/Port Jefferson Ferry, Miller
Marine, Barker Marine, Buchanan Marine, Ltd., Martha Jefferson
Paddlewheel Cruises, Port Jefferson Ace and Prowler Recreational/
Charter Fishing, and Osprey Recreational/Charter Fishing. These
businesses were contacted by the Town of Brookhaven and asked to
provide information regarding their methods for treating their vessel
sewage. Most of the operators contacted use holding tanks to retain
their sewage. The operators that currently use flow-through systems
have made commitments to retrofit and comply with the No Discharge Area
when finalized.
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 Port Jefferson
Harbor Complex, County of Suffolk, State of New York. This final
determination on this matter
[[Page 51955]]
will result in a New York State prohibition of any sewage discharges
from vessels in the Port Jefferson Harbor Complex.
Dated: September 25, 2001.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 01-25589 Filed 10-10-01; 8:45 am]
BILLING CODE 6560-50-P