Florida-Indian River-Vero Beach to Fort Pierce Aquatic Preserve Vessel Sewage No-Discharge Zone; Tentative Affirmative Determination

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Published

August 6, 2024

Issuing agencies

Environmental Protection Agency

Abstract

Pursuant to the Clean Water Act, the State of Florida has determined that the protection and enhancement of the quality of the waters within the Indian River-Vero Beach to Fort Pierce Aquatic Preserve ("the Preserve") requires greater environmental protection. As such, Florida has submitted an application to the U.S. Environmental Protection Agency (EPA), Region 4, for a determination that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available, so that the State may completely prohibit the discharge from all vessels of any sewage, whether treated or not, into such waters. The proposed no-discharge zone encompasses the 9,500 acres of the Preserve located in the Indian River and St. Lucie counties. The Preserve extends 12 miles from the southern Vero Beach corporate limit south to the north U.S. Highway A1A bridge in Fort Pierce. Through this notice, EPA is soliciting public comment on the Agency's tentative 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 the proposed no-discharge zone.

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<title>Federal Register, Volume 89 Issue 151 (Tuesday, August 6, 2024)</title>
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[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Notices]
[Pages 63941-63945]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17329]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-12144-01-R4]

Florida--Indian River-Vero Beach to Fort Pierce Aquatic Preserve
Vessel Sewage No-Discharge Zone; Tentative Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative affirmative determination.

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SUMMARY: Pursuant to the Clean Water Act, the State of Florida has
determined that the protection and enhancement of the quality of the
waters within the Indian River-Vero Beach to Fort Pierce Aquatic
Preserve (``the Preserve'') requires greater environmental protection.
As such, Florida has submitted an application to the U.S. Environmental
Protection Agency (EPA), Region 4, for a determination that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available, so that the State may
completely prohibit the discharge from all vessels of any sewage,
whether treated or not, into such waters. The proposed no-discharge
zone encompasses the 9,500 acres of the Preserve located in the Indian
River and St. Lucie counties. The Preserve extends 12 miles from the
southern Vero Beach corporate limit south to the north U.S. Highway A1A
bridge in Fort Pierce. Through this notice, EPA is soliciting public
comment on the Agency's tentative 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 the proposed no-discharge zone.

DATES: Comments must be received on or before September 5, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OW-2024-0379, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://www.regulations.gov">www.regulations.gov</a>. 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. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.

FOR FURTHER INFORMATION CONTACT: Jennifer Dimaio, Ocean, Wetlands, and
Streams Protection Branch, Water Division, U.S. Environmental
Protection

[[Page 63942]]

Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960;
telephone number: (404) 562-9268; email address:
<a href="/cdn-cgi/l/email-protection#2f4b46424e464001454a414146494a5d6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="e7838e8a868e88c98d8289898e818295a7829786c9808891">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

Notice is hereby given that the State of Florida submitted an
application on July 3, 2024, to the U.S. Environmental Protection
Agency, Region 4, for a determination under Clean Water Act section
312(f)(3) that adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available for
the Preserve.
EPA's role under Clean Water Act section 312(f)(3) is to review
State applications to determine whether adequate pumpout and treatment
facilities are reasonably available. Applications submitted pursuant to
section 312(f)(3), in accordance with 40 CFR 140.4, must include: (1) a
certification that the protection and enhancement of the waters
described in the petition require greater environmental protection than
the applicable Federal standard; (2) a map showing the location of
commercial and recreational pumpout facilities; (3) a description of
the location of pumpout facilities within waters designated for no
discharge; (4) the general schedule of operating hours of the pumpout
facilities; (5) the draught requirements on vessels that may be
excluded because of insufficient water depth adjacent to the facility;
(6) information indicating that treatment of wastes from such pumpout
facilities is in conformance with Federal law; and (7) information on
vessel population and vessel usage of the subject waters. A copy of
Florida's application, as well as a memorandum summarizing
conversations between EPA and the State, are available in the docket.
After consideration of all comments received, if EPA makes a final
determination that adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are reasonably
available for the Preserve, the State of Florida may completely
prohibit the discharge from all vessels of any sewage, whether treated
or not, into those waters through the designation of a no-discharge
zone. Vessels with installed toilets are required to operate U.S. Coast
Guard-approved marine sanitation devices (MSDs). MSDs are either flow-
through systems--Type I or Type II MSDs--that treat sewage before
discharging to surrounding waters or holding tanks--Type III MSDs--that
retain sewage onboard. Upon designation of a vessel sewage no-discharge
zone, vessels with flow-through systems that operate within the zone's
boundaries would need to retrofit to holding tanks to prevent any
overboard discharge. These vessels would then require access to pumpout
facilities to empty their holding tanks. Alternatively, U.S. Coast
Guard regulations at 33 CFR 159.7(b) specify four methods of securing a
flow-through MSD to demonstrate compliance with a no-discharge zone.
These methods include: (1) closing the seacock and removing the handle;
(2) padlocking the seacock in the closed position; (3) using a non-
releasable wire-tie to hold the seacock in the closed position; or (4)
locking the door to the space enclosing the toilets with a padlock or
door handle key lock. EPA must determine whether adequate facilities
are reasonably available to those vessels that would require pump outs
to support the designation of a no-discharge zone.

II. Application Information and Determination

A. Proposed Waters and Certification of Need

As described in its application, the State of Florida has
determined that the protection and enhancement of the quality of the
waters within the Preserve requires greater environmental protection
than is afforded by the applicable Federal standard. The proposed no-
discharge zone encompasses the entirety of the Preserve, as delineated
in Chapter 258.39, Florida Statutes (F.S.), as described in the
Official Records of Indian River County in Book 368, pages 9-12, and in
the Official Records of Saint Lucie County in Book 187, pages 1083-
1086. The proposed no-discharge zone includes a segment of the Atlantic
Intracoastal Waterway between approximately mile 953.5 (North 27
degrees 37.6153 minutes, West 80 degrees 22.1865 minutes) and mile
964.8 (North 27 degrees 28.3272 minutes, West 80 degrees 19.4741
minutes). The 9,500-acre Preserve extends 12 miles from the southern
Vero Beach corporate limit to the north U.S. Highway A1A bridge in Fort
Pierce and includes Big Starvation Cove, Wildcat Cove, and Fort Pierce
Cut.
The Florida Department of Environmental Protection's Office of
Resilience and Coastal Protection administers the Preserve as part of a
network that protects the State's most popular and ecologically
important waters. The Preserve lies within the Indian River Lagoon, one
of the most biologically diverse estuaries in North America and is also
designated as an Estuary of National Significance and an Outstanding
Florida Water (Chapter 62-302, Florida Administrative Code (F.A.C.)).
As referenced in the State of Florida's application, the East Coast
Florida Regional Planning Council and Treasure Coast Regional Planning
Council estimated the total annual value of the lagoon to be $7.6
billion in 2014.
The waters in parts of the Preserve do not meet all applicable
water quality standards and have been identified by the State of
Florida as impaired by nutrients and fecal coliforms. A nutrient Total
Maximum Daily Load for the Preserve was adopted by the State of Florida
in March 2009 and is included in the State's 2021 Central Indian River
Lagoon Basin Management Action Plan.
In 2021, the Florida Legislature passed Senate Bill 1086 creating
Chapter 327.521, F.S., designating, upon approval from EPA, all waters
within the boundaries of aquatic preserves identified in Chapter
258.39, F.S., as no-discharge zones. The State of Florida's application
and this notice pertain only to the Preserve.

B. Adequacy and Availability of Pumpout Facilities

EPA's analysis of the reasonable availability of adequate
facilities considers the number of recreational and commercial vessels
that use the proposed waters on both a regular and transient basis. To
estimate the number of vessels operating in the proposed waters, the
State of Florida used registration data from the Florida Department of
Highway Safety and Motor Vehicles and determined that there are
approximately 26,000 vessels registered in the Indian River and St.
Lucie counties. There is high vessel usage both inside and outside of
the Preserve without significant seasonal variation. About 25,000 of
the vessels registered in the two counties are for recreational
purposes. In consideration that the Preserve encompasses only 25
percent of the water area in the two counties, the State of Florida
estimates that 25 percent of the approximately 25,000 recreation
vessels, or 6,209 recreational vessels, would operate within the
proposed waters. To estimate how many of these 6,209 vessels have MSDs
onboard, the State of Florida used the ``Recreational Vessel
Worksheet'' from EPA's Guidance for Vessel Sewage No-Discharge Zone
Applications (Clean Water Act Section 312(f)). The Worksheet provides
default values for the percent of vessels, by length, that are expected
to have an MSD onboard. Based on these calculations, about 1,534
recreational vessels are likely to require

[[Page 63943]]

pumpout services if a no-discharge zone is designated.
The State of Florida also estimates that there are 823 commercial
vessels operating in the Preserve, largely on a transient basis, in the
fishing and boating industries (e.g., construction, charter boats, and
towing). Most of these vessels (637) are under 26 feet in length, and
the State of Florida does not expect these smaller vessels to be
equipped with an installed toilet. By extension, these vessels would
not have MSDs onboard and would not require pumpout services if a no-
discharge zone is designated. The basis for this assumption is that
Florida law only requires those vessels 26 feet or more in length that
have an enclosed cabin with berthing facilities to be equipped with a
toilet (either portable or permanently installed). The State of Florida
also provided information regarding a 48-slip marina that supports
commercial fishing vessels 40 to 60 feet in length, noting that it is
the only marina in the vicinity of the Preserve for commercial vessels
over 40 feet. The marina and fishing fleet owner indicated to the State
of Florida that these vessels are engaged in offshore day trips,
traveling briefly through the southern border of the Preserve before
departing into the Atlantic Ocean. The owner also explained that the
vessels either do not have MSDs or, if a vessel is equipped with a
toilet, the crew will lock the toilet (consistent with U.S. Coast Guard
regulations at 33 CFR 159.7(b)) so that it cannot be used until
offshore. Based on the foregoing information--that neither vessels
under 26 feet in length (637) nor vessels over 40 feet in length (40)
are expected to require pumpout services--there are 146 commercial
vessels between 26 and 40 feet in length that may be affected by a no-
discharge zone designation.
The State of Florida acknowledges that some vessels may be excluded
from accessing available pumpout facilities due to draft limitations,
since the authorized depth of the nearby Intracoastal Waterway is 12
feet. The State of Florida explained that any ``draft excluded'' vessel
would not be originating in the Preserve and reasoned that these
transient vessels with flow-through MSDs could refrain from discharging
during the period of time (i.e., 30 minutes to one hour) it would take
to traverse the no-discharge zone. As such, the State of Florida does
not expect any vessels to be excluded from operating within the
Preserve despite draft limitations associated with the identified
pumpout facilities.
In support of its application, the State of Florida provided
information on the available pumpout facilities that can service the
vessels that operate within the Preserve. Eight marinas with stationary
pumpout facilities are located within approximately two miles of the
Preserve. One of the eight pumpout facilities is a private, members-
only facility, and the remaining seven are publicly accessible. The
seven publicly accessible pumpout facilities dispose of collected
sewage directly to a wastewater treatment plant (i.e., either the Fort
Pierce Utilities Authority or the City of Vero Beach Wastewater
Treatment Plant). The private pumpout facility contracts with a
licensed septage hauler.
The State of Florida also provided information on two mobile
service providers that operate pumpout trucks that can service vessels
operating in and around the Preserve. In addition to reviewing the
information provided in the State of Florida's application, EPA
contacted the two providers to request additional information regarding
their operations and availability to vessel operators in the Preserve.
The first provider, Marine and RV Pumping ToGo, services Miami to Fort
Pierce and operates nine trucks with capacities between 900 and 1,500
gallons. The provider charges a base fee of 200 dollars for a pumpout,
increasing from there based on gallons pumped and distance traveled.
The second provider, Coastal Tank, is based out of Fort Lauderdale but
offers services between Key West and the Florida-Georgia border on the
Atlantic Coast. Coastal Tank operates three trucks with a capacity of
4,000 gallons and typically charges between 650 and 1,300 dollars for a
pumpout depending on factors, such as distance traveled. The second
provider typically services the superyacht industry and focuses on oil
and tank cleanings, but also provides sewage pump out services. A
memorandum is available in the docket which summarizes EPA's
conversations with the two providers and includes additional details
regarding their services.
To determine whether sewage pumpout capacity for recreational
vessels is sufficient to meet demand during periods of peak usage in
the Preserve, EPA compared the number of vessels needing pumpout
service during peak usage with the number of vessels supported by
existing pumpout facilities within the proposed no-discharge zone. In
its application, the State of Florida provided a completed copy of the
``Recreational Vessel Worksheet'' discussed earlier in this notice.
Based on the total number of vessels operating during peak usage (e.g.,
a holiday weekend), the number of vessels serviced per hour by each
facility, and the hours of operation for each facility, the Worksheet
generates a recommended number of pumpout facilities to provide a
reliable level of service for the recreational vessel population within
a proposed no-discharge zone. Of the 1,534 recreational vessels
expected to have MSDs onboard, the Worksheet assumes that 40 percent of
those vessels would be operating during peak usage, such as a holiday
weekend. In this case, 614 recreational vessels are expected to require
access to pumpout facilities during peak usage, but up to 778
recreational vessels can be served by existing pumpout facilities (see
Section 3.1 of the State of Florida's application, available in the
docket, for the completed worksheet). As such, EPA expects that
adequate pumpout facilities are available to handle expected demand
during periods of peak recreational boating. Additionally, the ongoing
cost for recreational vessels to access these facilities is minimal,
with most of the facilities charging only five dollar per use.
Information regarding each pumpout facility, including location,
operating hours, and fees, can be found in Table 1.
Because commercial vessels incur additional types of costs
associated with accessing pumpout facilities that recreational vessels
do not, EPA evaluated the adequacy and reasonable availability of
facilities for commercial vessels using the ``No-Discharge Zone Cost
Analysis Tool'' from EPA's Guidance for Vessel Sewage No-Discharge Zone
Applications (Clean Water Act Section 312(f)). The Tool, which relies
on a mix of default values and information provided in the State of
Florida's application, conducts a screening analysis to calculate how
frequently the demand for pumpout facilities (i.e., the volume of
sewage produced by commercial vessels) is projected to exceed
commercial vessel pumpout facility capacity (i.e., the volume of sewage
that can be pumped out) across a typical year. Then, the cost analysis
portion of the Tool generates an estimate of the percent increase in
baseline operating costs that commercial vessels may incur as a result
of using pumpout facilities if the no-discharge zone is established.
While the State of Florida's application reiterates that not all
registered commercial vessels would be operating in the proposed no-
discharge zone because it only covers 25 percent of the water area of
the two counties, EPA conservatively assumed that all 146 commercial
vessels between

[[Page 63944]]

26 and 40 feet in length would require pumpout services when populating
the Tool. EPA also assumed that one-third of these 146 vessels were
working vessels (e.g., tugboats) and two-thirds were fishing vessels.
Regarding available pumpout facilities, EPA included the seven publicly
accessible facilities but conservatively did not include the private
facility since it is unclear how many vessels can be serviced there.
The two mobile service providers were also not included in the Tool
because vessels are largely expected to access the stationary
facilities due to convenience and cost.
EPA's screening analysis showed that demand for pumpout services is
never expected to exceed capacity in the Preserve, indicating that
sufficient pumpout capacity is available for commercial vessels. In
fact, capacity greatly exceeds demand, and EPA expects that this
capacity surplus would be sufficient even if both recreational and
commercial vessels were accessing the facilities during peak usage. EPA
also considered the various costs incurred by commercial vessels
associated with accessing facilities, including pumpout fees and lost
revenue due to the time spent pumping out. The Tool showed that the
tugboat category, used as a catch all for the working boats in the
area, would incur a 0.8 percent increase in baseline operating costs,
while commercial fishing vessels would incur a 6.3 percent increase.
Almost all of this increase is attributable to lost revenue due to the
time it takes to pump out sewage from a vessel; however, these costs
would only be incurred when the vessel operator is forgoing work in
favor of pumping out sewage. In other words, if the vessel can pump out
sewage in between fishing trips, then revenue is not being lost. The
true percent increase, therefore, is likely much lower on the basis
that vessel operators should be able to time their pumpout activities
to minimize cost impacts and, more generally, EPA used conservative
values in populating the Tool. As discussed, most of these vessels are
believed to be transient and not likely to be impacted in any
meaningful way by the designation of a no-discharge zone. As such, EPA
determined that facilities are reasonably available to these vessels. A
copy of the completed Tool that includes the calculations and
underlying assumptions is available in the docket.
The wastewater treatment plants that receive sewage from the
stationary pumpout facilities are the Fort Pierce Utilities Authority
(FPUA) Wastewater Treatment Plant (WWTP) and the City of Vero Beach
WWTP. The FPUA WWTP has a permitted capacity of 10 million gallons per
day annual average daily flow (MGD AADF). The FPUA is in the process of
relocating the WWTP five miles inland from its current location and has
a projected fully operational date in late 2027. The relocated WWTP
will be rated at 8 MGD AADF with a peak flow of 24 MGD and can be
increased to 30 MGD to accommodate future growth. The City of Vero
Beach WWTP has a permitted capacity of 4.5 MGD AADF. The State of
Florida anticipates that the City of Vero Beach will replace and
relocate this WWTP in early 2027 with a WWTP to be located further
inland with a capacity of 5 MGD AADF. The State of Florida indicated
that capacity analysis projections demonstrate that the City of Vero
Beach WWTP's current design capacity would not be exceeded within a
ten-year timeframe. Despite some deficiencies regarding reporting,
exceedances, and unresolved discharges over the last few years, the
State of Florida indicated that both WWTPs are in compliance with
effluent limits. Additionally, based on best available information, the
State of Florida explained that the capacity loads of these WWTPs would
not be meaningfully impacted by the likely increase in the volume of
sewage treated by the WWTPs that may result from establishment of a no-
discharge zone. In support of its application, the State of Florida
provided capacity reports for the two WWTPs. These reports are
available in the docket.

C. Determination

In summary, EPA finds that adequate facilities for the safe and
sanitary removal of sewage are reasonably available to recreational and
commercial vessels within the Preserve. This analysis included an
assessment of whether existing pumpout facilities could meet the
expected demand during periods of peak usage, as well as a
consideration of the costs associated with accessing and using those
facilities. EPA finds that both recreational and commercial vessels
would incur minimal costs to access pumpout facilities. Finally, EPA
finds that sewage is handled in conformance with Federal law by the
pumpout facilities and the associated wastewater treatment plants.
Based on the information above, EPA Region 4 hereby makes a
tentative affirmative determination that adequate facilities for the
safe and sanitary removal and treatment of sewage from all vessels are
available for the waters of the Preserve in the State of Florida. EPA
is seeking public comment on the contents of Florida's application and
EPA's tentative affirmative determination.

Table 1--List of Pumpout Facilities
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Water depth
Name Location Contact information Operating schedule (feet) Fee ($) Type of facility
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Causeway Cove Marina............ 601 Seaway Dr., Fort (772) 242-3552..... 9 a.m.-5 p.m....... 5.6 5.00 Stationary.
Pierce, FL 34949.
Fort Pierce City Marina......... 1 Ave. A, Fort Pierce, (772) 464-1245..... 6:30 a.m.-5:30 p.m. 7.6 5.00 Stationary.
FL 34950.
Harbour Isle.................... 801 Seaway Dr., Fort (772) 461-9049..... 9:30 a.m.-1:30 p.m. 9.0 5.00 Stationary.
Pierce, FL 34949. (Mon-Fri) 10 a.m.-
1 p.m. (Sat-Sun).
Pelican Yacht Club.............. 1120 Seaway Dr., Fort (772) 464-2700..... 11:30 a.m.-9 p.m. 6.0 5.00 Stationary.
Pierce, FL 34949. (Wed-Sat) 8 a.m.-6
p.m. (Sun).
Quail Valley River Club......... 2345 Hwy. A1A, Vero (772) 492-2020..... 9:30 a.m.-4 p.m.... 8.0 5.00 Stationary.
Beach, FL 32963.
Riverside Boatyard & Marina..... 2350 Old Dixie Hwy., (772) 464-5720..... 8 a.m.-7 p.m. (Mon- 6.0 Private Stationary.
Fort Pierce, FL 34946. Sat).
Safe Harbor Harbortown.......... 1936 Harbortown Dr., (772) 466-7300..... 7 a.m.-5 p.m....... 6.5 15.00 Stationary.
Fort Pierce, FL 34946.
Vero Beach Municipal Marina..... 3611 Rio Vista Blvd., (772) 978-4960..... 8 a.m.-5 p.m....... 8.0 5.00 Stationary.
Vero Beach, FL 32963.

[[Page 63945]]

Coastal Tank.................... Service area from Miami (954) 562-8656..... 7 a.m.-5 p.m.; N/A See Section II.B. Mobile (3 trucks).
to Fort Pierce. advanced for details
scheduling for off
hours and
emergency services
available.
Marine and RV Pumping ToGo...... Service area from Key (954) 740-7506..... 7 a.m.-7 p.m. (Mon- N/A See Section II.B. Mobile (9 trucks).
West to Florida/Georgia Sat); advanced for details
border. scheduling for off
days/hours and
emergency services
available.
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Dated: August 1, 2024.
Jeaneanne M. Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-17329 Filed 8-5-24; 8:45 am]
BILLING CODE 6560-50-P

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