[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Notices]
[Pages 67352-67353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19645]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8244-5]


Virginia State Prohibition on Discharges of Vessel Sewage; 
Receipt of Application and Tentative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Tentative Determination.

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

SUMMARY: Notice is hereby given that an application was received from 
the Commonwealth of Virginia on July 25, 2006, requesting a 
determination by the Regional Administrator, EPA Region III, 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 navigable waters of the 
Lynnhaven River and its tributaries, Virginia Beach, Virginia.

DATES: Comments and views regarding this application and EPA's 
tentative determination may be filed on or before December 21, 2006.

ADDRESSES: Comments or requests for information or copies of the 
State's application should be addressed to Edward Ambrogio, EPA Region 
III, Office of State and Watershed Partnerships, 1650 Arch Street, 
Philadelphia, PA 19103.

FOR FURTHER INFORMATION CONTACT: Edward Ambrogio, EPA Region III, 
Office of State and Watershed Partnerships, 1650 Arch Street, 
Philadelphia, PA 19103. Telephone: (215) 814-2758. Fax: (215) 814-2301. 
E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This application was made by the Virginia 
Secretary of Natural Resources on behalf of the Virginia Department of 
Environmental Quality (VDEQ). Upon receipt of an affirmative 
determination in response to this application, VDEQ would completely 
prohibit the discharge of sewage, whether treated or not, from any 
vessel in the Lynnhaven River in accordance with section 312(f)(3) of 
the Clean Water Act and 40 CFR 140.4(a).
    Section 312(f)(3) states: After the effective date of the initial 
standards and regulations promulgated under this section, if any State 
determines that the protection and enhancement of the quality of some 
or all of the waters within such States require greater environmental 
protection, such State may completely prohibit the discharge from all 
vessels of any sewage, whether treated or not, into such waters, except 
that no such prohibition shall apply until the Administrator determines 
that adequate facilities for the safe and sanitary removal and 
treatment of sewage from all vessels are reasonably available for such 
water to which such prohibition would apply.
    The Lynnhaven River is located in the northern part of the city of 
Virginia Beach, Virginia. It is connected to the Chesapeake Bay through 
the Lynnhaven Inlet, just east of the Chesapeake Bay Bridge-Tunnel. The 
Lynnhaven River, including the Eastern Branch, the Western Branch, and 
Broad Bay/Linkhorn Bay encompasses an area of land and water of 
approximately 64 square miles with nearly 150 miles of shoreline. The 
upstream portions of the Lynnhaven River system flow either north to 
the Chesapeake Bay or south to North Carolina depending on wind and 
tidal patterns. The Lynnhaven River is oligohaline and subject to the 
action of tides. The majority of the waters outside the bays are 
shallow with maintained channel depths of six to 10 feet.
    Many people enjoy the Lynnhaven River watershed for a variety of 
activities, including boating, fishing, crabbing, water skiing, and 
swimming. The shoreline surrounding the Lynnhaven River includes 4,478 
private waterfront homes, public access areas, marinas, boat launch 
facilities, waterside restaurants, and a State park. Large and small 
boats, personal watercraft, canoes, kayaks, water skiers, and swimmers 
enjoy the river for its recreational benefits. There are several 
waterfront access areas within First Landing State Park for swimming 
during summer months. The Lynnhaven River was also once a prime oyster 
harvesting area known throughout the world for the famous Lynnhaven 
oyster. Oyster habitat restoration projects are presently being 
implemented in the Lynnhaven River. Lynnhaven River 2007, an advocacy 
group, in partnership with the city of Virginia Beach, the Chesapeake 
Bay Foundation, and the U.S. Army Corps of Engineers initiated an 
oyster-growing program in the summer of 2004 to assist in repopulating 
the river with this valuable living resource.
    Portions of the Lynnhaven River were listed for bacteriological 
impairments from fecal coliform and enterococci bacteria in Virginia's 
1998 section 303(d) list requiring the development of a total maximum 
daily load (TMDL). Consequently in 2004, EPA Region III and the 
Virginia State Water Control Board approved a TMDL for the shellfish 
harvest use impairments on Lynnhaven, Broad, and Linkhorn Bays prepared 
by the VDEQ. The establishment of a No Discharge Zone for the Lynnhaven 
River is one component of the TMDL Implementation Plan.
    For the purpose of this application, the proposed Lynnhaven River 
No Discharge Zone is defined as all contiguous waters south of the 
Lesner Bridge at Lynnhaven Inlet (Latitude 36[deg]54'27.90'' N and 
Longitude 76[deg]05'30.90'' W) and north of the watershed break point 
defined as the intersection of West Neck Creek at Dam Neck Road 
(Latitude 36[deg]47'17.60'' N and Longitude 76[deg]04'14.62'' W).
    Information submitted by the Commonwealth of Virginia states that 
there are six waterfront marinas operating sanitary pump-outs in the 
Lynnhaven River. Each of these facilities also provides dump stations, 
restrooms, and informational signage. Details of these facilities' 
location, availability and hours of operation are as follows:
    Long Bay Pointe marina is located on the north side of Long Creek, 
west of the West Great Neck Road Bridge over the creek (2101 West Great 
Neck Rd., Virginia Beach). The marina currently operates a Chesapeake 
Bay Marine pump-out system on the fuel dock accessible to all boaters. 
There is a sign on the pump station. The marina also has a dump station 
adjacent to the dock for portable toilets. The marina's sewage disposal 
hours of operation are 10 a.m.-6 p.m., 7 days a week, 12 months per 
year. Lynnhaven Dry Storage marina is located on the north side of Long 
Creek between the West Great Neck Road and North Great Neck Road 
bridges over the creek (2150 West Great Neck Rd., Virginia Beach). The 
marina currently operates a SaniSailor pump-out system on the fuel dock 
accessible to all boaters. A sign for the pump-out is posted on the 
side of the building adjacent to the dock. The marina has a dump 
station adjacent to the dock for portable toilets. The marina's sewage 
disposal hours of operation are 8 a.m.-5 p.m., 7 days a week, 12 months 
per

[[Page 67353]]

year. Lynnhaven Municipal marina is located along the north side of 
Long Creek between the West Great Neck Road Bridge and the Lesner 
Bridge (3211 Lynnhaven Drive, Virginia Beach). The marina currently 
operates a Chesapeake Bay Marine pump-out system at the building face 
with a hose that reaches the dock accessible to all boaters. There is a 
sign for the pump-out posted on the dock and on the building face. The 
marina also has a dump station at the building face adjacent to the 
dock for portable toilets. The marina's sewage disposal hours of 
operation are 8 a.m.-4 p.m., 7 days a week, 12 months per year. 
Lynnhaven Seafood marina is located along the north side of Long Creek 
between the West Great Neck Road Bridge and the Lesner Bridge (3311 
Shore Drive, Virginia Beach). The marina currently operates a 
SaniSailor pump-out system on the fuel dock accessible to all boaters. 
There is a sign on the pump station. The marina also has a dump station 
adjacent to the dock for portable toilets. The marina's sewage disposal 
hours of operation are 6:30 a.m.-11 p.m., 7 days a week, 12 months per 
year. Marina Shores marina is located on the north side of Long Creek 
just east of the North Great Neck Road Bridge over the creek (2100 
Marina Shores Drive, Virginia Beach). The marina currently operates an 
Edson pump-out system on the fuel dock accessible to all boaters. There 
is a sign posted on the pump station. The marina also has a dump 
station adjacent to the dock for portable toilets. The marina's sewage 
disposal hours of operation are 7 a.m.-8 p.m. weekends, 8 a.m.-7 p.m. 
weekdays, May through September, and, 8 a.m.-5 p.m. October through 
June. Cavalier Golf & Yacht Club marina is located at the north end of 
the Bird Neck Point Neighborhood at Bird Neck Point where Little Neck 
Creek meets Linkhorn Bay (1052 Cardinal Road, Virginia Beach). The 
marina currently operates a KECO diaphragm pump-out system on the dock 
accessible to club members only. They also have a dump station adjacent 
to the dock for portable toilets. The club currently serves 
approximately one hundred-fifty (150) vessels at this facility. The 
marina's sewage disposal hours of operation are 8 a.m.-6 p.m., 7 days a 
week, 12 months per year.
    There are no draught limitations for vessels at pump-out facilities 
and dump stations in the Lynnhaven River. All vessels using the 
facilities have sufficient water to dock at the marinas. There are two 
bridges within the Lynnhaven River as well as the Lesner Bridge located 
at Lynnhaven Inlet. Pump-out facility locations as well as the bridge 
heights (35 feet) do not restrict accessibility to marinas or pump-out 
facilities. The facilities are generally concentrated near Lynnhaven 
Inlet because the watershed becomes dominated by private residences as 
one travels further away from the inlet. However, transient boats enter 
the watershed at the inlet and most local boats travel to the inlet 
facilities for fuel, so the grouping of facility locations does not 
appear to be an inconvenience.
    The Commonwealth of Virginia Sanitary Regulations for Marinas and 
Boat Moorings specifies requirements for facility design and operation. 
Routine health department inspections and performance tests are 
performed to ensure that facilities are available and functioning 
properly. Broken pump-out stations can be reported to the Virginia 
Department of Health (VDH) by calling 1-800-ASK-FISH. These regulations 
also address treatment of collected vessel sewage from pump-outs and 
dump stations. In compliance with these regulations, all wastes from 
marinas within the Lynnhaven River are collected in and transported 
through the City of Virginia Beach's sanitary sewer collection system 
to the Hampton Roads Sanitation District for ultimate treatment and 
disposal.
    According to Virginia's application there are approximately 11,253 
vessels operating in the Lynnhaven River on any given day based on 
Virginia Beach boater registrations, and estimates of the transient 
boat population, minus the estimated number of registered boats 
operating in other Virginia Beach watersheds. The VDH marina inspection 
slip counts indicate only four out of 535 wet slips at commercial 
marinas with pump-outs in the Lynnhaven River are designated as 
transient vessel slips. Based on this information, it is assumed that 
most transient boats are brought in by trailer.
    Most of these boats would not be of a size expected to have a 
holding tank. Transient boat counts have been estimated based on boat 
information given by the operators of the three public boat ramps in 
the Lynnhaven River.
    The vessel population based on length is 2,883 vessels less than 16 
feet in length, 7,272 vessels between 16 feet and 26 feet in length, 
899 vessels between 27 feet and 40 feet in length, and 199 vessels 
greater than 40 feet in length. Based on the number and size of vessels 
and EPA guidance for State and local officials to estimate the number 
of vessels with holding tanks, two pump-outs and four dump stations are 
needed for the Lynnhaven River. As described above, there are currently 
six pump-out facilities and six dump stations in the Lynnhaven River.
    EPA hereby makes a tentative affirmative determination that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for the Lynnhaven 
River, Virginia Beach, Virginia. A final determination on this matter 
will be made following the 30 day period for public comment and may 
result in a Virginia State prohibition of any sewage discharges from 
vessels in the Lynnhaven River. Comments and views regarding this 
application and EPA's tentative determination may be filed on or before 
December 21, 2006.
    Comments or requests for information or copies of the application 
should be addressed to Edward Ambrogio, EPA Region III, Office of State 
and Watershed Partnerships, 1650 Arch Street, Philadelphia, PA 19103. 
Telephone: (215) 814-2758. Fax: (215) 814-2301. E-mail: 
[email protected].

    Dated: November 13, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-19645 Filed 11-20-06; 8:45 am]
BILLING CODE 6560-50-P