[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Notices]
[Pages 26858-26861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13059]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8913-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative determination.

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SUMMARY: Notice is hereby given that an application dated December 8, 
2008 was received from the Commonwealth of Virginia on December 11, 
2008 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 Broad Creek, Jackson Creek and Fishing Bay Watersheds in 
Middlesex County, VA.

DATES: Comments and views regarding this application and EPA's 
tentative determination may be filed on or before July 6, 2009.

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

FOR FURTHER INFORMATION CONTACT: Robert Runowski, EPA Region III, 
Office of State and Watershed Partnerships, 1650 Arch Street, 
Philadelphia, PA 19103. Telephone: (215) 814-5385. 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 Commonwealth of 
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 Broad Creek, Jackson Creek and Fishing Bay 
watersheds 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 Broad Creek, Jackson Creek and Fishing Bay watersheds are 
located in the eastern-most part of Middlesex County (i.e., 
Deltaville), Virginia. The Broad Creek discharges north to the 
Rappahannock River near its confluence to the Chesapeake Bay. Jackson 
Creek discharges east into the mouth of the Piankatank River, and 
Fishing Bay discharges directly south to the Piankatank River, which 
discharges to the east to the Chesapeake Bay. These watersheds, 
including Porpoise Cove and Moore Creek, encompass an area of land and 
water of approximately 3.4 sq mi with nearly 18 miles of shoreline. All 
these water bodies are 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, although some of the areas may not 
exceed four (4) feet in depth.
    Many people enjoy the Broad Creek, Jackson Creek and Fishing Bay 
watersheds for a variety of activities, including boating, fishing, 
crabbing, water skiing, and swimming. The shoreline surrounding these 
three watersheds includes 1,583 housing units (824 year round), public 
access areas, thirty two (32) marinas, boat launch facilities, and 
waterside restaurants. Both recreational and commercial large and small 
boats, personal watercraft, canoes, kayaks, water skiers, and swimmers 
enjoy these rivers for their recreational benefits. The full time 
resident population of 1,716 people (increasing to several thousand 
during the summer months) use these adjacent areas for boating, 
fishing, and

[[Page 26859]]

commercial shellfish cultivation and harvesting.
    The two Creeks and Fishing Bay host threatened, endangered and rare 
species of plants and animals, including more than forty (40) water 
dependent species. The waters of both the Rappahannock and Piankatank 
Rivers and their tributaries are historically known to accommodate 
migrating populations of more than ten (10) anadromous fish species. 
Marine mammals, sea turtles, and waterfowl are also dependent on the 
environmental quality of these three watersheds and surrounding areas.
    The waters of the Broad and Jackson Creeks have been under varying 
levels of shellfish condemnation for more than twenty (20) years. The 
2006 Virginia Water Quality Assessment listed Broad, Jackson and Moore 
Creeks, Fishing Bay and Porpoise Cove as requiring total maximum daily 
loads' determinations (TMDLs) for dissolved oxygen, aquatic plants and 
bacteriological impairments from fecal coliform and enterococci 
bacteria. In 2005, EPA Region III and the Virginia State Water Control 
Board (SWCB) approved a TMDL for the shellfish harvest use impairments 
on Broad and Jackson Creeks and the lower Piankatank River. 
Establishing a No Discharge Zone is one of the Commonwealth strategies 
in improving overall water quality in the lower Chesapeake Bay, and 
these identified reaches of the Rappahannock and Piankatank Rivers. The 
small tributaries to the Rappahannock and Piankatank Rivers noted 
within the areas to be designated are exceptional state resources in 
need of greater water quality protection than the current applicable 
Federal standards afford due to their high utilization by recreational 
vessels, significant shell- and finfish resources, and direct public 
contact with the affected waters.
    For the purposes of this application:
    A. The proposed Broad Creek Watershed No Discharge Zone is defined 
as all contiguous waters south of the line formed between the points 
formed by Latitude 37[deg]33'46.3'' N and Longitude 76[deg]18'45.9'' W) 
and north to Latitude 37[deg]33'47.4'' N and Longitude 76[deg]19'24.7'' 
W).
    B. The proposed Jackson Creek watershed No Discharge Zone is 
defined as all contiguous waters west of the line formed between the 
points formed by Latitude 37[deg]32'40'' N and Longitude 
76[deg]19'40.6'' W) at Stove Point Neck and Latitude 37[deg]32'46.8'' N 
and Longitude 76[deg]19'15.6'' W) at the western point of the entrance 
to the eastern prong of Jackson Creek.
    C. The proposed Fishing Bay No Discharge Zone is defined as all 
contiguous waters north of the line formed between the points formed by 
the Latitude 37[deg]32'01.9'' N and Longitude 76[deg]21'43.5'' W) at 
the southernmost tip of Bland Point and Latitude 37[deg]31'29.4'' N and 
Longitude 76[deg]19'53.6'' W) at the southernmost tip of Stove point. 
This area includes all of Fishing Bay, and encompasses Moore Creek and 
Porpoise Cove.
    The Commonwealth of Virginia Department of Health (VDH) ensures 
that proper sanitary facilities are present. There are eighteen (18) 
marinas in Broad Creek, of which nine (9) waterfront marinas operating 
ten (10) sanitary pumpouts. The remaining nine Broad Creek marinas have 
no pump outs but seven (7) offer sanitary restroom facilities. In 
Jackson Creek, five (5) marinas operate six (6) sanitary sewage 
pumpouts and dump station facilities. The remaining four (4) Jackson 
Creek marinas have no pump outs but three (3) have sanitary restroom 
facilities. Within Fishing Bay, there are two (2) sewage pumpouts 
stations and one (1) under construction in Porpoise Cove. All of these 
facilities also provide dump stations, restrooms, and informational 
signage. Costs for pumpouts can vary from no charge to less than $15.00 
Further details:

Broad Creek

    Walden Brothers Marina (Deltaville, VA) on the west side of Broad 
Creek operates a dump station, sewage holding tank and restrooms. The 
clearly-identified pump-out is accessible to all boaters. The marina 
has 63 seasonal slips, 6 transient slips and 15 dry storage areas with 
dump station, restrooms, fuel, potable water, electricity, solid waste 
containers and repair facilities. The facility operates daily 8 a.m. to 
5 p.m., 12 months/year.
    Bay Marine (Deltaville, VA) is adjacent to Walden Brothers. It 
operates sewage pumpout, dump station and public restrooms. This 
facility operates a Class II package wastewater treatment unit with a 
5,000 gallon holding tank. This facility has sixty (60) seasonal slips, 
many of which are occupied with houseboats. Dump station, restrooms, 
fuel, potable water, electricity, solid waste containers are on site. 
Operations are 8 a.m. to 4:30 p.m. daily, 12 months/year.
    Norton's Marina (Deltaville, VA) is upstream of Bay Marine. It 
operates an accessible, clearly posted holding tank pumpout facility, 
with 42 seasonal slips. Restrooms, fuel, potable water, electricity, 
solid waste containers and repair facilities are available. Operations 
are on request, 7 days/week and 12 months/year.
    Timberneck Marina (Deltaville, VA) is adjacent to Norton's Marina. 
There are 35 seasonal slips accessible to fuel, potable water, 
electricity, solid waste containers and repair facilities. The posted 
pump out station is at the terminus of its dock at Broad Creek. 
Operations are 8 a.m. to 4:30 p.m., six (6) days/week all year.
    Broad Creek Marina (Deltaville, VA) has 20 seasonal slips with a 
posted holding tank pump out unit, dump station, restrooms, fuel, 
potable water, electricity, solid waste containers. Operations are 8 
a.m. to 5 p.m., seven days/week from May through November.
    Walter's Marina (Deltaville, VA) is adjacent to Broad Creek Marina 
is managed as a bed/breakfast serving 12 (max) vessels. It offers dump 
station, restrooms, potable water, electricity, and solid waste 
containers. Operations are on demand.
    Chesapeake Cove Marina (Deltaville, VA), further upstream on Broad 
Creek with 37 seasonal slips and dump station, restrooms, fuel, potable 
water, electricity, solid waste containers and repair facilities. There 
is a posted holding tank pump out facility. Operations are 8 a.m. to 5 
p.m., 7 days/week, April though December.
    J&M Marine (Deltaville, VA), on the south shore of Broad Creek 
western branch adjacent to Chesapeake Cove and Coastal Marinas. There 
are 50 seasonal and 17 dry storage slips, with boat ramp, restrooms, 
potable water, electricity, solid waste containers and repair 
facilities. Hours of operation were not listed.
    Coastal Marine (Deltaville, VA) on the south shore of the western 
branch of Broad Creek, adjacent to J&M and Deltaville Yachting Center. 
It offers 12 seasonal slips and potable water, electricity, solid waste 
containers and repair facilities. Hours of operation were not listed.
    Deltaville Yachting Center (Deltaville, VA) is adjacent to Coastal 
Marine and upstream of Norview Marina with 80 seasonal slips, 4 
transient slips, 190 dry storage spaces, and two (2) sewage holding 
tank pumpout stations, in addition to dump station, restrooms, fuel, 
potable water, electricity, solid waste containers and repair 
facilities. Operations are 8 a.m. to 4:30 p.m. for 6 days/week, March 
through November/year.
    Norview Marina (Deltaville, VA) is on the east shore at the mouth 
of Broad Creek, and adjacent to the Regatta Point Yacht Club, and 
across Broad Creek from Bay Marine and Walden Brothers Marina. It has 
110 seasonal slips, 188 dry storage spaces, boat ramp, dump

[[Page 26860]]

station, restrooms, fuel, potable water, electricity, solid waste 
containers and repair facilities. Operations are 8 a.m.-6 p.m., 7 days/
week, 12 months/year.
    Regatta Point Marina (Deltaville, VA) is on the eastern shore near 
the mouth of Broad Creek. There are 80 seasonal slips and dump station, 
restrooms, fuel, potable water, electricity, solid waste containers and 
repair facilities. Operations are May 15 through September 15 yearly, 7 
days/week.
    Stingray Point Marina (Deltaville, VA) is on the eastern branch 
near the mouth of Broad Creek and adjacent to Regatta Point Yacht Club, 
and across from Bay Marine and Walden Brothers Marina. There are 178 
seasonal slips with dump station, restrooms, fuel, potable water, 
electricity, solid waste containers and repair facilities. Operations 
are 8 a.m.-4:30 p.m., 7 days/week, March through November/year. In 
addition, there are at least four (4) additional facilities on the 
Broad Creek in the Deltaville VA area with nominal amenities for 
boaters and water recreation craft.

Jackson Creek

    Harbour House (Deltaville, VA) is a private marina at the mouth of 
Mill Creek meeting Jackson Creek offering 22 seasonal slips, with ramp, 
electricity, solid waste containers, restrooms and sewage holding tank 
pump out facilities. Operations are 24 hours/day, 7 days/week, 12 
months/year.
    Jackson Creek Harbor Condominium (Deltaville, VA) is a private 
marina with 36 seasonal slips and electricity, potable water, and 
restroom facilities. No times were listed.
    Deltaville Marina (Deltaville, VA) has 79 seasonal slips, 10 
transient slips, two sewage holding tank pumpout facilities in addition 
to dump station, restrooms, fuel, potable water, electricity, solid 
waste containers and repair facilities. Operations are 8 a.m.-6 p.m., 
for March through December (2 pumpouts available).
    Powell's Marina (Deltaville, VA) has 43 seasonal slips with dump 
station, restrooms, fuel, potable water, electricity, solid waste 
containers and sewage holding tank pumpout facilities. Operations are 8 
a.m.-5 p.m., 7 days/week, 12 months/year.
    Fitzgerald Boat Basin (Deltaville, VA) has 22 seasonal slips, with 
dump station, restrooms, potable water, electricity, solid waste 
containers and sewage holding tank pumpout facilities. Operations are 7 
a.m.-7 p.m., 7 days/week, April through November.
    Little Snug Harbor (Deltaville, VA) has 27 seasonal slips with 
electricity, potable water and restroom facilities. Operation times 
were not listed.
    Fishing Bay Yacht Club (Deltaville, VA) with 80 seasonal slips, and 
boat ramp, dump station, restrooms, potable water, electricity, solid 
waste containers and sewage holding tank facilities. Operations are at 
no charge, 24 hours/day, 7 days/week, 12 months/year. There are at 
least two other mooring areas with limited amenities on Jackson Creek 
accessible to boaters.

Fishing Bay

    Ruark's Marina (Deltaville, VA) is adjacent to Fishing Bay Trace 
and Fishing Bay Harbor which lie just to the south. The marina operates 
a dump station, and is contracted to provide a publicly accessible and 
posted pumpout unit at the terminus of their ``A'' dock. On site at 
Ruark's are 72 seasonal slips with potable water, electricity, solid 
waste containers and restroom facilities. The site is under 
construction; no hours are yet listed.
    Fishing Bay Trace (Deltaville, VA) is a private facility which has 
12 slips but no dump station, solid waste or pumpout facilities. No 
times listed.
    Fishing Bay Harbor Marina (Deltaville, VA) is on the western shore 
of Fishing Bay and adjacent to Fishing Bay Trace and the Chesapeake 
Marine Railway. There are 106 slips with fuel, potable water, 
electricity, solid waste containers, dump station, sanitary pumpout and 
restroom facilities. Operations are 8 a.m.-5 p.m., 7 days/week from 
April through December.

Porpoise Cove

    Porpoise Cove Marina (Deltaville, VA) is located at the southern 
end of Porpoise Cove on the north shore of the Piankatank River. There 
are 21 slips with potable water, electricity, solid waste containers, 
dump station, and restroom facilities. The marina is under contract 
with the VDH Marina program to build a new pump out station in 2009. No 
times listed; the facility is under construction.
    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. The Virginia State Water Control Law Section 62.1-44.33 
addresses vessel discharges and authorizes the State Water Control 
Board to adopt regulations controlling discharges from boats, which are 
listed and defined in 9 VAC 25-71-70, which also addresses, defines and 
designates No Discharge Zones (9 VAC 25-71-60).
    Broken pumpout stations can be reported to the Virginia Department 
of Health by calling 1-800-ASK-FISH. These regulations also address 
treatment of collected vessel sewage from pumpouts and dump stations. 
In compliance with these regulations, all wastes from marinas within 
the Broad and Jackson Creeks and Fishing Bay are collected in and 
transported by haulers who deliver them to municipal waste treatment 
facilities or private facilities permitted under the Commonwealth of 
Virginia Pollutant Elimination Discharge System for final treatment and 
disposal.
    According to the Commonwealth of Virginia's application there are 
approximately 631 vessels operating in the Deltaville VA area (551 
registered and 80 documented) on any given day based on boater 
registrations and observations. Transient boat population was not 
included in the VDH or VDEQ field reconnaissance. 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 marinas in the Broad and 
Jackson Creeks and Fishing Bay areas.
    The estimated vessel population in all of the affected areas is 
based on length: 297 vessels less than 16 feet in length, 537 vessels 
between 16 feet and 26 feet in length, 1,239 vessels between 27 feet 
and 40 feet in length, and 42 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, 
three (3) pumpouts and one dump station are needed for the Broad Creek. 
Currently, there are eleven (11) pumpout facilities and nine (9) dump 
stations in the Broad Creek. In Jackson Creek, four (4) pumpouts and 
one (1) dump station are required while six (6) pumpouts and three (3) 
dump stations exist. For Fishing Bay and the adjacent waters of 
Porpoise Cove and Moore Creek, two (2) pumpouts and one (1) dump 
station were required, while there are now two (2) pumpouts and two (2) 
dump stations currently available.
    Using the VDH submitted calculations and information, there are 
sufficient number of pumpout facilities and dump stations at the 
marinas in the waters in and around the affected areas to adequately 
service marine sanitary needs. These facilities are easily accessible 
to all vessels and provide safe and sanitary wastewater removal and 
treatment. EPA hereby makes a tentative affirmative determination that 
adequate facilities for the safe and sanitary

[[Page 26861]]

removal and treatment of sewage from all vessels are reasonably 
available for the Broad and Jackson Creeks, the Fishing Bay and 
Porpoise Cove and Moore Creek areas, in and around Deltaville Virginia. 
The Commonwealth of Virginia has demonstrated that there is adequate 
and sufficient law enforcement capability of these regulations. The 
Commonwealth has also submitted data to document that local citizens, 
advocacy groups, and marina personnel are concerned about the adverse 
impacts from vessel sanitary discharges into the Broad and Jackson 
Creeks and Fishing Bay, and adjacent areas. In response to public 
meetings in May and June 2008, professional and public comments were 
all supportive of the decision to designate the affected areas as a no 
discharge zone. There were sufficient agency and environmental groups' 
comments to also support these measures.
    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 Broad and 
Jackson Creeks and Fishing Bay areas. Comments and views regarding this 
application and EPA's tentative determination may be filed on or before 
July 6, 2009. Comments or requests for information or copies of the 
application should be addressed to Robert Runowski, EPA Region III, 
Office of State and Watershed Partnerships, 1650 Arch Street, 
Philadelphia, PA 19103. E-mail: [email protected]. Telephone: (215) 
814-5385. Fax: (215) 814-2301.

    Dated: May 19, 2009.
William C. Early,
Acting Regional Administrator.
[FR Doc. E9-13059 Filed 6-3-09; 8:45 am]
BILLING CODE 6560-50-P