Notice2024-22499
Florida-Indian River-Vero Beach to Fort Pierce Aquatic Preserve Vessel Sewage No-Discharge Zone; Final Affirmative Determination
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA), Region 4 has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the Indian River-Vero Beach to Fort Pierce Aquatic Preserve ("the Preserve") in Florida to support the designation of a vessel sewage no-discharge zone for such waters. Pursuant to the Clean Water Act section 312, this notice constitutes EPA's final affirmative determination on the application submitted by Florida on July 3, 2024. Following this final affirmative determination, Florida may designate all waters within the Preserve as a vessel sewage no-discharge zone in accordance with State law.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 190 (Tuesday, October 1, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Notices]
[Pages 79912-79914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22499]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-12144-02-R4]
Florida--Indian River-Vero Beach to Fort Pierce Aquatic Preserve
Vessel Sewage No-Discharge Zone; Final Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of determination.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA), Region 4 has
determined that adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available for
the Indian River-Vero Beach to Fort Pierce Aquatic Preserve (``the
Preserve'') in Florida to support the designation of a vessel sewage
no-discharge zone for such waters. Pursuant to the Clean Water Act
section 312, this notice constitutes EPA's final affirmative
determination on the application submitted by Florida on July 3, 2024.
Following this final affirmative determination, Florida may designate
all waters within the Preserve as a vessel sewage no-discharge zone in
accordance with State law.
FOR FURTHER INFORMATION CONTACT: Jennifer Dimaio, Ocean, Wetlands, and
Streams Protection Branch, Water Division, U.S. Environmental
Protection 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#6f0b06020e060041050a010106090a1d2f0a1f0e41080019"><span class="__cf_email__" data-cfemail="3054595d51595f1e5a555e5e59565542705540511e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On July 3, 2024, Florida 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 for
waters of the Preserve so that Florida may completely prohibit the
discharge from all vessels of any sewage, whether treated or not, into
such waters. This application for a no-discharge zone was made pursuant
to Clean Water Act section 312(f)(3).
The planned no-discharge zone would include all waters of the
Preserve, as delineated in Chapter 258.39, Florida Statutes (F.S.), as
described in the Official Records of Indian River County
[[Page 79913]]
in Book 368, pages 9-12, and in the Official Records of Saint Lucie
County in Book 187, pages 1083-1086. This 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.
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 vessel sewage no-discharge zones. Florida's
application and this final determination pertain only to the Indian
River-Vero Beach to Fort Pierce Aquatic Preserve.
In its application, Florida certified that the protection and
enhancement of the quality of the waters within the Preserve require
greater environmental protection than is afforded by the applicable
Federal standard. Florida also provided information on the vessel
population and usage of the Preserve and identified the pumpout
facilities available to service these vessels. Florida's application is
available electronically in Docket ID No. EPA-R04-OW-2024-0379 through
<a href="https://www.regulations.gov">https://www.regulations.gov</a>.
II. Response to Public Comments
On August 6, 2024, EPA published a tentative affirmative
determination in the Federal Register that adequate facilities for the
safe and sanitary removal and treatment of sewage from all vessels are
reasonably available for the waters subject to Florida's proposed no-
discharge zone and solicited the public's input during a 30-day comment
period (89 FR 63941).
EPA received five comments on the tentative affirmative
determination, four of which were in support of a no-discharge zone for
the Preserve. First, a Florida boater who regularly pumps out a 43-foot
cabin cruiser and traverses the 12-mile Preserve agreed that adequate
pumpout facilities are reasonably available in the area. Additionally,
one commenter expressed general support for the designation, noting
that the Indian River Lagoon contains the county's healthiest seagrass
beds. In its comment, the City of Vero Beach indicated that the city
supports a no-discharge zone designation for the Preserve but requested
guidance on how the city's corporate limits could be included in the
designation. In a similar vein, another commenter recommended that EPA
designate all seven preserves in the Indian River Lagoon area as no-
discharge zones. EPA acknowledges these commenters' support for a no-
discharge zone designation, but notes that the scope of EPA's
determination is limited to those waters included in Florida's
application dated July 3, 2024. To designate any other waters or
preserves as vessel sewage no-discharge zones, Florida must first apply
to EPA for a determination on those waters and provide the requisite
information, as detailed in 40 CFR 140.4. Finally, one commenter
discussed a proposed housing development adjacent to the Indian River
Lagoon; however, this is outside the scope of EPA's action here to
determine whether adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available for
the waters subject to Florida's proposed no-discharge zone.
III. Adequacy and Availability of Pumpout Facilities
In the tentative determination, EPA outlined the Agency's role in
evaluating Florida's application for a vessel sewage no-discharge zone
under Clean Water Act section 312(f)(3), which requires that the Agency
determine whether adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available for
the waters proposed for a no-discharge zone designation.
Based on the information provided by Florida and EPA's subsequent
review, there are an estimated 1,534 recreational vessels operating in
the Preserve that will likely require pumpout services, and those
vessels may be serviced by eight stationary sewage pumpout facilities
(Table 1). During peak usage, EPA estimates that 614 recreational
vessels can be served by these available facilities. This estimate is
based on the number of vessels that can be serviced per hour by each
available facility and the hours of operation of each facility. As
such, EPA determined that adequate pumpout facilities are reasonably
available to meet the expected demand during periods of peak
recreational boating. Additionally, EPA finds that the cost for
recreational vessels to access these facilities is minimal, with most
of the facilities charging only five dollars per use.
Florida estimated that there are 146 commercial vessels operating
within the Preserve that will likely require pumpout services, and
those vessels may also be serviced by the eight stationary pumpout
facilities (Table 1). Table 1 also includes two mobile service
providers that were identified by Florida as having coverage areas that
include the Preserve. To determine whether pumpout facilities are
reasonably available to commercial vessels, EPA compared the volume of
sewage produced by commercial vessels with the volume that can be
received by available pumpout facilities and considered the costs
associated with accessing and using those facilities. As described in
the tentative affirmative determination, 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 access the facilities
during peak usage. EPA also considered the various costs incurred by
commercial vessels to determine how the proposed no-discharge zone
would impact baseline operating costs. Working vessels (e.g., tugboats)
may incur an estimated 0.8 percent increase in baseline operating
costs, while commercial fishing vessels may incur an estimated 6.3
percent increase. This increase is largely 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
paid work in favor of pumping out sewage. The actual increase,
therefore, is likely much lower on the basis that vessel operators
should be able to time their pumpout activities to minimize cost
impacts.
Finally, EPA verified that the treatment of wastes from the pumpout
facilities is in conformance with federal law. As discussed in EPA's
tentative affirmative determination, the wastewater treatment plants
that receive sewage from the stationary pumpout facilities are the Fort
Pierce Utilities Authority Wastewater Treatment Plant and the City of
Vero Beach Wastewater Treatment Plant. Florida indicated that both
facilities are in compliance with effluent limits and are not expected
to be meaningfully impacted by an increase in volume of sewage to be
treated as a result of a no-discharge zone designation.
IV. Determination
Based on EPA's review of both the information provided in Florida's
application and the comments received on EPA's tentative affirmative
[[Page 79914]]
determination, EPA Region 4 hereby makes a final determination that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are available for the waters of the Indian
River-Vero Beach to Fort Pierce Aquatic Preserve.
Table 1--List of Pumpout Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Water
Name Location Contact Operating schedule depth Fee ($) Type of facility
information (feet)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 (772) 464-1245 6:30 a.m.-5:30 p.m.. 7.6 5.00................ Stationary.
Pierce, 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., (772) 464-2700 11:30 a.m.-9 p.m. 6.0 5.00................ Stationary.
Fort Pierce, FL (Wed.-Sat.) 8 a.m.-
34949. 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 Sat.).
34946.
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 (772) 978-4960 8 a.m.-5 p.m........ 8.0 5.00................ Stationary.
Blvd., Vero Beach,
FL 32963.
Coastal Tank...................... Service area from (954) 562-8656 7 a.m.-5 p.m.; N/A Variable (See Mobile (3 trucks).
Miami to Fort advanced scheduling Section II.B. of
Pierce. for off hours and EPA's tentative
emergency services determination for
available. details).
Marine and RV Pumping ToGo........ Service area from (954) 740-7506 7 a.m.-7 p.m. (Mon.- N/A Variable (See Mobile (9 trucks).
Key West to Florida/ Sat.); advanced Section II.B. of
Georgia border. scheduling for off EPA's tentative
days/hours and determination for
emergency services details).
available.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: September 25, 2024.
Jeaneanne M. Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-22499 Filed 9-30-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 1, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.