[Federal Register Volume 74, Number 160 (Thursday, August 20, 2009)]
[Notices]
[Pages 42070-42073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20023]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8946-5]


Virginia Commonwealth Prohibition on Discharges of Vessel Sewage; 
Final Affirmative Determination

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination.

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[[Page 42071]]

SUMMARY: Notice is hereby given that the Regional Administrator, EPA 
Region III has affirmatively determined, 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. 
Virginia will completely prohibit the discharge of sewage, whether 
treated or not, from any vessel in Broad Creek, Jackson Creek and 
Fishing Bay Watersheds.

FOR FURTHER INFORMATION CONTACT: Michael D. Hoffmann, EPA Region III, 
Office of State and Watershed Partnerships, 1650 Arch Street, 
Philadelphia, PA 19103. Telephone: (215) 814-2716. Fax: (215) 814-2301. 
E-mail: [email protected].

SUPPLEMENTARY INFORMATION: An application was made by the Virginia 
Secretary of Natural Resources on behalf of the Commonwealth of 
Virginia Department of Environmental Quality (VDEQ) to EPA Region III 
to approve a no discharge zone for the Broad Creek, Jackson Creek and 
Fishing Bay Watersheds. Upon publication of this final affirmative 
determination, VDEQ will 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). Notice of the Receipt of 
Application and Tentative Determination was published in the Federal 
Register on Thursday June 4, 2009 (74 FR 26858, June 4, 2009). Comments 
on the tentative determination were accepted during the 30-day comment 
period which closed on July 6, 2009. No comment letters were received 
during the 30-day comment period. The remainder of this Notice 
summarizes the location of the no discharge zone, the available pumpout 
facilities and related information.

Broad Creek, Jackson Creek and Fishing Bay Watersheds

    The Broad Creek, Jackson Creek and Fishing Bay Watersheds are 
located in the easternmost 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 square 
miles 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 (6) to ten (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 commercial shellfish cultivation and harvesting.
    Broad Creek, Jackson Creek 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's 
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 
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 are nine (9) waterfront marinas 
operating ten (10) sanitary pumpouts. The remaining nine Broad Creek 
marinas have no pumpouts 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 pumpouts but three (3) have sanitary 
restroom facilities. Within Fishing Bay, there are two (2) sewage 
pumpout 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,

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operates a dump station, a sewage holding tank and restrooms. The 
clearly-identified pumpout 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 a sewage pumpout, a 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 
pumpout 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 pumpout unit, a 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), adjacent to Broad Creek Marina, 
is managed as a bed/breakfast serving 12 (max) vessels. It offers a 
dump station, restrooms, potable water, electricity, and solid waste 
containers. Operations are on demand.
    Chesapeake Cove Marina (Deltaville, VA) is further upstream on 
Broad Creek with 37 seasonal slips and a dump station, restrooms, fuel, 
potable water, electricity, solid waste containers and repair 
facilities. There is a posted holding tank pumpout facility. Operations 
are 8 a.m. to 5 p.m., 7 days/week, April though December.
    J&M Marine (Deltaville, VA) is 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 a boat ramp, restrooms, 
potable water, electricity, solid waste containers and repair 
facilities. Hours of operation were not listed.
    Coastal Marine (Deltaville, VA) is 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 a 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, a boat ramp, a dump 
station, restrooms, fuel, potable water, electricity, solid waste 
containers and repair facilities. Operations are 8 a.m. to 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 a 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 a 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 a 
ramp, electricity, solid waste containers, restrooms and sewage holding 
tank pumpout 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 a 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 a 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 
a 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) has 80 seasonal slips, a 
boat ramp, a 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 
twelve (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, a dump station, a sanitary

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pumpout and restroom facilities. Operations are 8 a.m. to 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, a 
dump station, and restroom facilities. The marina is under contract 
with the VDH Marina program to build a new pumpout 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 (9VAC 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 Discharge Elimination 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 Broad Creek. 
Currently, there are eleven (11) pumpout facilities and nine (9) dump 
stations in 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 numbers 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 final affirmative determination that adequate 
facilities for the safe and sanitary 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.

Finding

    The EPA hereby makes a final affirmative determination that 
adequate facilities for the safe and sanitary removal and treatment of 
sewage from all vessels are reasonably available for the Broad Creek, 
Jackson Creek and Fishing Bay Watersheds. This final determination will 
result in a Virginia state prohibition of any sewage discharges, 
whether treated or not, from vessels in the Broad Creek, Jackson Creek 
and Fishing Bay Watersheds.

    Dated: August 6, 2009.
William C. Early,
Acting Regional Administrator.
[FR Doc. E9-20023 Filed 8-19-09; 8:45 am]
BILLING CODE 6560-50-P