[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3372]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9114-9]


North Carolina Waters Along the Entire Length of New Hanover 
County; Final No Discharge Zone Determination

    On August 24, 2009, the Environmental Protection Agency (EPA) 
published a notice that the North Carolina Department of Environment 
and Natural Resources (DENR) Division of Water Quality (DWQ) had 
petitioned the Region 4 Regional Administrator to determine that 
adequate and reasonably available pumpout facilities exist for the 
designation of New Hanover County, North Carolina, Coastal Waters as a 
No Discharge Zone (NDZ). One comment in favor of this designation was 
received.
    Specifically, these waters extend three nautical miles (nm) into 
the Atlantic Ocean along the entire length of New Hanover County, 
including Futch Creek, Pages Creek, Bradley Creek, Hewlett's Creek, 
Howe Creek, Whiskey Creek, Snow's Cut, as well as unnamed tributaries 
and all unnamed tidal creeks to those waters.
    The geographic description including latitudes and longitudes are 
as follows: northern border of New Hanover County with southern border 
of Pender County (34[deg]17[min]53.5[sec] N 77[deg]42[min]32.2[sec] W), 
to a point 3 nm off the coast at the intersection of New Hanover and 
Pender Counties (34[deg]16[min]01.9[sec] N 77[deg]40[min]20.5[sec] W).

[[Page 7591]]

    Intersection of the southern tip of New Hanover County with 
Brunswick County at the Cape Fear River (33[deg]55[min]43.0[sec] N 
77[deg]56[min]13.6[sec] W), southeastward along the extended 
intersection of the two counties, 3 nm into the Atlantic Ocean 
(33[deg]53[min]07.5[sec] N 77[deg]55[min]34.5[sec] W).
    This petition was filed pursuant to the Clean Water Act, Section 
312(f)(3), Public Law 92-500 as amended by Public Law 95-217 and Public 
Law 100-4. A NDZ is defined as a body of water in which the discharge 
of vessel sewage, both treated and untreated, is prohibited.
    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.''

    According to DENR DWQ the following facilities are located in New 
Hanover County for pumping out vessel holding tanks:
    (1) Carolina Beach Municipal Marina, Carolina Beach, 910-458-2540, 
open 24 hours per day, 7 days per week, 6' draft at mean low tide.
    (2) Carolina Beach State Park Marina, Carolina Beach State Park, 
Carolina Beach, 910-458-7770, 8 AM-5:45 PM, 7 days/week, 6' draft at 
mean low tide.
    (3) Federal Point Yacht Club, 910 Basin Road, Carolina Beach, 910-
458-4511, only available to club members, 5' draft at mean low tide.
    (4) Mona Black Marina, Carolina Beach, 910-458-0575, open 24/7, 20' 
draft at mean low tide.
    (5) Joyner Marina, Carolina Beach, 910-458-5053, open 7 AM-6 PM, 7 
days per week, 6' draft at mean low tide.
    (6) Bridge Tender Marina, City of Wilmington, 910-256-6550, 7 AM- 8 
PM, 7 days/week, 10' draft at mean low tide.
    (7) Creekside Yacht Club, City of Wilmington, 910-350-0023, 
Operational December 2009, 4' draft at mean low tide.
    (8) Sea Path Yacht Club, Town of Wrightsville Beach, 910-256-3747, 
7 AM-7 PM, 7 days/week, 10' draft at mean low tide.
    (9) Wrightsville Beach Marina & Transient Dock, Town of 
Wrightsville Beach, 910-256-6666, 7 AM-7 PM, 7 days/week, 12' draft at 
mean low tide.
    Two Marinas that are located within 7 nautical miles of the 
proposed NDZ are:
    (A) Wilmington Marine Center, 910-395-5055, 8 AM--5 PM 7 days/week, 
7' draft at mean low tide.
    (B) Bald Head Island Marina, 910-457-7380, 8:30 AM-5:30 PM 7 days/
week, 8' draft at mean low tide.
    The total vessel population for New Hanover County as of August 5, 
2008, was 13,940. This number reflects active vessel registrations and 
was obtained from the North Carolina Wildlife Resources Commission. 
During the period of 2006 to 2008, the total number of active 
registered vessels increased nearly 15%. The result is that there are 
nearly 1,800 more pleasure boats in the area waters today than just two 
years ago, with the largest increase occurring in boats between 16' and 
25' in length. It is recognized that only a percentage of the vessels 
in the coastal waters of New Hanover County are equipped with a Marine 
Sanitation Device (MSD). To estimate the number of MSDs in use, 
percentages obtained from EPA (Region 2) were applied, and are listed 
below:

------------------------------------------------------------------------
                                                               Percent
                        Boat length                           with MSDs
------------------------------------------------------------------------
<16'.......................................................          8.3
16'-25'....................................................         10.6
26'-40'....................................................         78.5
>40'.......................................................         82.6
------------------------------------------------------------------------

    This yields an estimated 2,046 MSDs in use by registered boats 
within New Hanover County.
    Through the use of a marina survey, the number of transient boats 
serviced by marinas in New Hanover County was calculated to be 
approximately 180 per month. This figure was arrived at by using the 
peak season transient boat figures from each marina. Using the figures 
for both county and transient boats, the total number of MSDs in the 
New Hanover County waters is estimated to be 2,194. There are 9 marinas 
within New Hanover County and this yields a ratio of about 244 boats 
per pumpout facility. This figure does not include the two marinas that 
are located within 7 nautical miles of this proposed NDZ area.
    All vessel pumpout facilities that are described either discharge 
into State approved and regulated septic tanks or State approved on-
site waste treatment plant, or the waste is collected into a large 
holding tank for transport to a sewage treatment plant. Thus all vessel 
sewage will be treated to meet existing standards for secondary 
treatment. Based on the examination of this petition, its supporting 
documentation, and public response, EPA concurs with the State of North 
Carolina's determination that adequate and reasonably available 
facilities for the safe and sanitary removal and treatment of sewage 
from all vessels are present in New Hanover County North Carolina, and 
therefore this area is designated as a NDZ.

    Dated: January 29, 2010.
J. Scott Gordon,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-3372 Filed 2-19-10; 8:45 am]
BILLING CODE 6560-50-P