[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59796-59797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20956]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10013-48-Region 3]


Clean Water Act: Virginia--Sarah Creek and Perrin River Vessel 
Sewage No-Discharge Zone--Final Affirmative Determination

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Notice--final determination.

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SUMMARY: On behalf of the Commonwealth of Virginia (the Commonwealth), 
the Secretary of the Virginia Department of Natural Resources requested 
that the Regional Administrator, U.S. Environmental Protection Agency, 
Region 3 approve a no-discharge zone for Sarah Creek and Perrin River, 
Gloucester County, Virginia pursuant to the Clean Water Act. After 
review of Virginia's application, the EPA determined that adequate 
facilities for the safe and sanitary removal and treatment of sewage 
from all vessels are reasonably available for the entirety of Sarah 
Creek and Perrin River. The application is available upon request from 
the EPA (at the email address below) or at https://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/NoDischargeZoneDesignations.aspx.

DATES: This approval is effective upon the date of publication in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Matthew A. Konfirst, U.S. 
Environmental Protection Agency--Region III. Telephone: (215) 814-5801, 
Fax number: (215) 814-5007; email address: [email protected].

SUPPLEMENTARY INFORMATION: As described in the Commonwealth's 
application, the extent of the proposed no-discharge zone of Sarah 
Creek from York River begins at 37[deg]14'58.34'' N, 76[deg]29'39.17'' 
W and extends to 37[deg]15'00.81'' N, 76[deg]28'37.84'' W. From there 
it continues north throughout any navigable waters including all 
tributaries and bays. The delineation of the proposed no-discharge zone 
of Perrin River from York River begins at 37[deg]15'47.18'' N, 
76[deg]25'20.73'' W and extends to 37[deg]15'50.63'' N, 
76[deg]25'11.84'' W. From there it continues north throughout any 
navigable waters including all tributaries and bays.
    The Commonwealth certified that there are three stationary and one 
mobile pumpout facilities at two locations along Sarah Creek and one 
stationary pumpout facility along the Perrin River. Two of the three 
locations also have a method to empty portable toilets. Furthermore, 
the Hampton Roads Sanitation District (HRSD) provides free portable 
pumpout service in Gloucester County on Fridays, Saturdays, and Sundays 
during summer months and on Saturdays the rest of the year. HRSD 
prefers to service marinas but will provide the portable pumpout at a 
private residence when requested. The Virginia Department of Health 
(VDH) ensures that proper sanitary facilities are present at marinas, 
and marina facilities are inspected annually by VDH for compliance with 
regulations. A list of the facilities, phone numbers, locations, and 
hours of operation follows.

                       List of Facilities With Pumpouts in the Proposed No-Discharge Zone
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                                                           Mean low water
         Pumpout facility              Operating hours       depth (ft)       Phone No.            Address
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York River Yacht Haven (Sarah       24/7.................               8     804-642-2156  8109 Yacht Haven
 Creek).                                                                                     Road Gloucester
                                                                                             Point, VA 23062.
Dockside Condominiums (Sarah        24/7 April 1-November               6     757-876-1568  Sunset Drive
 Creek).                             15.                                                     Gloucester Point,
                                                                                             VA 23062.
Crown Pointe Marina (Perrin River)  The pumpout is                      5     804-642-6177  9737 Cooks Landing
                                     available 24/7 from                                     Road Hayes, VA
                                     March 1-November 30                                     23072.
                                     (so it is available
                                     even if the other
                                     marina services are
                                     closed). Dec 1-Feb
                                     28 pumpout is
                                     winterized.
----------------------------------------------------------------------------------------------------------------

    The Commonwealth provided documentation indicating that the total 
vessel population is estimated to be 3,563 vessels (2,115 in Sarah 
Creek and 1,448 in Perrin River), the majority of which are 
recreational. The most conservative vessel population estimates 
provided by the Commonwealth of Virginia suggest that there are 535 
vessels less than 16 feet in length, 1,531 vessels between 16 feet and 
25 feet in length, 1,263 vessels between 25 feet and 40 feet in length, 
and 234 vessels greater than 40 feet in length. Commercial traffic on 
these waterways is limited to 24-30 dead rise workboats, two large 
fiberglass fishing boats, three charter fishing boats, and a few small 
tugs that work at the oil refinery on the other side of the York River. 
Most commercial boats, such as local watermen's boats, generally do not 
have marine sanitation devices (MSDs) installed and do not require a 
pumpout. As described in the Commonwealth's application, two large 
fiberglass fishing boats in the Perrin River have MSDs. Additionally, a 
few small tugboats use the Perrin River as a staging area. These 
vessels likely have MSDs onboard, but also use porta-johns located on 
the barges. Of the three charter fishing boats that are kept in Sarah 
Creek and operate primarily on the York River and Chesapeake Bay, two 
have porta-potties, while the third has an existing holding tank. Based 
on the number and size of vessels and EPA NDZ guidance (Protecting 
Coastal Waters from Vessel

[[Page 59797]]

and Marina Discharges: A Guide for State and Local Officials, August 
1994), the estimated number of vessels requiring pumpout facilities in 
Sarah Creek and Perrin River during peak occupancy is 221. For these 
vessels, EPA guidance recommends at least one pumpout facility each for 
Sarah Creek and Perrin River.
    In the application, the Commonwealth certified that Sarah Creek and 
Perrin River require greater environmental protection than provided by 
currently applicable federal regulations. Sarah Creek and Perrin River 
are tributaries of the York River, which drains into the Chesapeake 
Bay. All or portions of the proposed waters are listed by the 
Commonwealth on current or previous Clean Water Act section 303(d) 
lists of impaired waters as impaired for shellfish harvesting due to 
fecal coliform. As such, many shellfish beds are restricted or closed. 
Both waterbodies are also impaired for dissolved oxygen and aquatic 
plants (macrophytes). Establishing a no-discharge zone will contribute 
to: (1) Protecting the tidal ecosystem; (2) restoring the restricted 
and closed shellfish beds in these areas; and (3) preventing further 
water quality degradation and loss of beneficial uses in these 
tributaries as well as in the York River.
    Sarah Creek and Perrin River are used for a variety of activities, 
including boating, fishing, shellfish harvesting, oyster gardening, 
crabbing, water skiing, swimming, and more. There are marinas, private 
piers, numerous vessel anchorages, public and private boat launch 
facilities, commercial seafood docks, and a waterside restaurant. Local 
watermen are interwoven with the unique identity of the Chesapeake Bay, 
influencing its history, culture, and economy. Furthermore, these 
waterbodies provide food, spawning grounds, and/or habitat to 
approximately 33 threatened, endangered, and rare species of plants and 
animals, including the Atlantic sturgeon, loggerhead sea turtle, and 
the northern diamond-backed terrapin.
    The EPA made a final determination that adequate pumpout facilities 
are reasonably available in both Sarah Creek and Perrin River and that 
the use of these facilities imposes minimal costs. In Sarah Creek, 
there is no charge to use the available pumpout facilities, while in 
Perrin River there is a $5.00 fee per pumpout for non-slip holders, 
though the fee is waived with a small purchase at the marina store. 
Depth at low tide at the pumpout facilities is between five and eight 
feet, which is comparable to the depths at the entrances to Sarah Creek 
and Perrin River. Therefore, vessels requiring greater depths than 
provided at the pumpout station would have difficulty entering Sarah 
Creek or Perrin River.
    Following publication of the Tentative Affirmative Determination in 
the Federal Register on March 11, 2020, a 30-day public comment period 
was opened (85 FR 14195). The EPA did not receive any comments 
regarding the EPA's intent to issue an affirmative determination on 
Virginia's application to designate Sarah Creek and Perrin River as a 
no-discharge zone.
    Based on the information above, 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 Sarah Creek and Perrin River and its 
tributaries such that the Commonwealth may establish a vessel sewage 
no-discharge zone.

Cosmo Servidio,
Regional Administrator, EPA Region III.
[FR Doc. 2020-20956 Filed 9-22-20; 8:45 am]
BILLING CODE 6560-50-P