Letter to The Honorable Lisa Jackson, Administrator, Environmental Protection Agency

Letter

Dear EPA Administrator Jackson,

I write in support of the creation of a Vessel No-Discharge Zone (NDZ) along the United State's Lake Ontario Coastal Waters. As we enter another summer swimming season and beach-goers flock to New York's Lake Ontario beaches, it is imperative that we take the necessary steps to safeguard their health and protect the Lake's marine life and habitats from pathogens, endocrine disrupters, and toxins such as formaldehyde, phenols and chlorine.

A No-Discharge Zone is an area in which is it prohibited for vessels to discharge sewage into the water. Establishing a Lake Ontario NDZ will limit a source of waste and chemicals that exacerbate current poor water quality conditions that typical result in numerous beach closures each year. For example, last year the two established beaches in Monroe County, New York, Ontario Beach and Durand Eastman Beach, were closed 42 of 81 days (52% of the season) and 32 of 51 days (39% of the season) respectively due to poor water quality.

Moreover, the establishment of an NDZ along the U.S. Lake Ontario Coastal Waters would better align U.S. standards with the stricter rules enforced by Canada in areas of the lake bordering Canada. Specifically, in 2001 the Canadian government enacted the Canadian Shipping Act that effectively created a prohibition on discharging any waste within 1 mile of Canada's Lake Ontario shoreline and a ban on discharging untreated waste as far as 3 miles from shore since even treated waste can still deliver pathogens and toxins to local waters. U.S. beach goers should have the same protections as their Canadian neighbors on the other side of Lake Ontario.

The New York State Department of Environmental Conservation (DEC) recently certified to the U.S. Environmental Protection Agency (EPA) under a provision in the U.S. Clean Water Act that there is a need to establish a Lake Ontario NDZ as an additional level of protection to safeguard human and ecological health. In addition, funding provided through New York's Clean Vessel Assistance grant program helps support more than three dozen shoreline pump-out stations currently available to accept vessel waste and safely accommodate boaters' needs. Indeed boaters and beach-goers alike that use these waters have a vested interest in protecting these environmentally sensitive near shore areas.

The DEC's NDZ application was submitted to the EPA on May 9th, however, I understand the EPA has not yet acted on this application nor established the public comment period required prior to EPA approval. In light of the approaching swimming season and the number of Lake Ontario beaches that will open this month, I respectfully request timely consideration of this matter. Please feel free to contact my Washington, D.C. office at 202-224-6542 should you have any questions or need additional information.

Sincerely,

Senator Charles E. Schumer

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