North Carolina Waters Along the Entire Length of Brunswick and Pender Counties and the Lower Portion of the Cape Fear River in Brunswick and New Hanover Counties; No Discharge Zone Determination, 18548-18549 [2011-7902]
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18548
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
Dated: March 28, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–7778 Filed 4–1–11; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9289–4]
Clean Water Act Section 303(d): Final
Agency Action on Three Total
Maximum Daily Loads (TMDLs) in
Louisiana
Environmental Protection
Agency (EPA).
ACTION: Notice of availability.
AGENCY:
This notice announces final
agency action on three TMDLs prepared
SUMMARY:
by EPA Region 6 for waters listed in
Louisiana’s Mississippi River Basin,
under Section 303(d) of the Clean Water
Act (CWA). Documents from the
administrative record file for the three
TMDLs, including TMDL calculations
and responses to comments, may be
viewed at https://www.epa.gov/region6/
water/npdes/tmdl/index.htm. The
administrative record file may be
examined by calling or writing Ms.
Diane Smith at the address below.
Please contact Ms. Smith to schedule an
inspection.
In 1996,
two Louisiana environmental groups,
the Sierra Club and Louisiana
Environmental Action Network
(plaintiffs), filed a lawsuit in Federal
Court against the EPA, styled Sierra
Club, et al. v. Clifford et al., No. 96–
0527, (E.D. La.). Among other claims,
plaintiffs alleged that EPA failed to
establish Louisiana TMDLs in a timely
manner. EPA established three of these
TMDLs pursuant to a consent decree
entered in this lawsuit.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
EPA Takes Final Agency Action on
Three TMDLs
Diane Smith, Environmental Protection
Specialist, Water Quality Protection
Division, U.S. EPA Region 6, 1445 Ross
Avenue, Dallas, TX 75202–2733, (214)
665–2145.
By this notice EPA is taking final
agency action on the following three
TMDLs on waters located within the
Louisiana Mississippi River Basin:
Subsegment
Waterbody name
070401 ..............
070502 ..............
070503 ..............
Mississippi River Passes (estuarine) .......................................................................................................
Thompson Creek .....................................................................................................................................
Capitol Lake .............................................................................................................................................
EPA requested the public provide to
EPA any significant water quality
related data or information that might
impact the three TMDLs in the Federal
Register Notice: volume 75, number 37,
page 8698 (February 25, 2010). The
comments which were received, EPA’s
response to comments, as well as the
TMDLs may be found at https://
www.epa.gov/region6/water/npdes/
tmdl/index.htm.
Dated: March 28, 2011.
Miguel I. Flores,
Director, Water Quality Protection Division,
EPA Region 6.
[FR Doc. 2011–7906 Filed 4–1–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9289–5]
Emcdonald on DSK2BSOYB1PROD with NOTICES
North Carolina Waters Along the Entire
Length of Brunswick and Pender
Counties and the Lower Portion of the
Cape Fear River in Brunswick and New
Hanover Counties; No Discharge Zone
Determination
On June 21, 2010, the Environmental
Protection Agency (EPA), Region 4,
published a proposal in concurrence
with the North Carolina Department of
Environment and Natural Resources
(DENR), Division of Water Quality
(DWQ), that adequate and reasonably
available pumpout facilities exist for the
VerDate Mar<15>2010
18:47 Apr 01, 2011
Jkt 223001
Pollutant
designation of Brunswick and Pender
Counties Coastal Waters and a portion
of the Cape Fear River, as a No
Discharge Zone (NDZ). Specifically,
these waters include all the tidal salt
waters extending 3 nautical miles (nm)
into the Atlantic Ocean along the entire
length of Brunswick and Pender
Counties, and the saline waters of the
Cape Fear River in Brunswick and New
Hanover Counties. The other saline
waters of New Hanover County have
already been designated as a NDZ.
The originally proposed geographic
description including latitudes and
longitudes were as follows:
Northern Border of Pender County
with Onslow County (34° 27′23.9″ N 77°
32.4′.859″ W), southwest along the
mainland coast, to include all named
and unnamed creeks, the Atlantic
Intracoastal Waterway, Cape Fear River
(up to Toomers Creek 34° 15′36.61″ N
77° 58′56.03″ W), Brunswick River, and
Northeast Cape Fear River (up to Ness
Creek 34° 17′7.10″ N 77° 57′17.70″ W),
to the intersection of the Western tip of
Brunswick County and South Carolina,
3 nm into the Atlantic Ocean (33°
48′32.903″ N 78° 30′33.675″ W) to
include all the U.S. Territorial Sea
extending 3 nm from South Carolina to
a point 3 nm into the Atlantic Ocean
(34° 24′30.972″ N 78° 28′18.903″ W) to
the Pender/Onslow County Line.
Three comment letters opposing this
designation were received. These letters
were from Cruise Lines International
Association, Moran of Wilmington
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
Fecal Coliform.
Fecal Coliform.
Fecal Coliform.
(Division of Moran Towing
Corporation), and McAllister Towing
and Transportation Company. The
reason for the opposition is that there
are not adequate and reasonably
available pumpout facilities available
for these commercial vessels which
have deeper drafts than most
recreational vessels. These are valid
concerns. The State explored the
comments and options, and confirmed
that pumpout facilities are not available
in the upper Cape Fear River
specifically for the tugboats that operate
in those waters and hereby amend the
proposal to remove the Cape Fear River,
above the waterway known as Snow’s
Cut, from the NDZ area. The lower Cape
Fear River is still proposed for NDZ.
The inland limit of the NDZ in the Cape
Fear River will be the waterway known
as Snow’s Cut (A line drawn across the
Cape Fear River at Snows Cut on the
Cape Fear River at Snows Cut on the
Cape Fear River from 34°3′5.8962″ N;
77°55′4.8966″ W to 34°3′4.5216″ N
77°56′37.086″ 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
E:\FR\FM\04APN1.SGM
04APN1
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices
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
Brunswick, Pender, and New Hanover
Counties for pumping out vessel
holding tanks:
Emcdonald on DSK2BSOYB1PROD with NOTICES
Marinas Within the Proposed NDZ
(1) St James Plantation Marina, 910–
253–0463, 8 a.m.–5 p.m. M–F, 7′ draft
at mean low tide.
(2) South Harbor Village Marina, 910–
454–7486, 7 a.m.–7 p.m. Summers,
varies off season, 10′15′ draft at mean
low tide.
(3) Southport Marina Inc., 910–457–
9900, Sunrise to Sunset, 6′ draft at mean
low tide.
(4) Bald Head Island Marina, 910–
457–7380, 9 a.m.–5 p.m. M–F 9 a.m.–6
p.m. Saturday 8 a.m.–6 p.m. Sunday, 8′
draft at mean low tide.
(5) Mona Black Marina, 910–458–
0575, Flexible—open year round, 4′
draft at mean low tide.
(6) Waterfront Village & Yacht Club,
910–458–7400, Call ahead, 5.5′ draft at
mean low tide.
(7) Carolina Beach State Park, 910–
458–7770, May–August 8 a.m.–5 p.m.
March, April, September, October 8
a.m.–7 p.m., 8′ draft at mean low tide.
(8) Joyner Marina, 910–458–5053,
Winter and Weekdays 8 a.m.–5 p.m.
Summer and Weekends 7 a.m.–7 p.m.,
5.5′ draft at mean low tide.
(9) Wrightsville Beach Marina/Trans
Dock, 910–256–6666, 8 a.m.–7:30 p.m.
Monday–Friday, 13′–18′ draft at mean
low tide.
(10) Seapath Yacht Club, 910–256–
3747, 7 a.m.–7 p.m., 10′–12′ draft at
mean low tide.
(11) Harbour Village Marina, 910–
270–2994, 7 a.m.–4 p.m., 10′ draft at
mean low tide.
(12) Beach House Marina, 910–328–
2628, 8 a.m.–6 p.m., 7.5′ draft at mean
low tide.
Marinas Outside of the Proposed NDZ,
but Within 5 nm
(1) Coquina Harbor Marina, 843–249–
5376, 8 a.m.–6 p.m., 9′–13′ draft at mean
low tide.
VerDate Mar<15>2010
18:47 Apr 01, 2011
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(2) Cricket Cove Marina, 843–249–
7169, 8 a.m.–Sunset, 9′ draft at mean
low tide.
(3) Anchor Marina, 843–249–7899, 8
a.m.–5 p.m., 5′ draft at mean low tide.
(4) Doc Holidays Marina, 843–280–
6354, 8 a.m.–6 or 8 p.m. depending on
season, 8′ draft at mean low tide.
Marinas Outside of the Proposed NDZ,
but Within 7 nm
(1) Watermark Marina of Wilmington,
910–794–5259, 10 a.m.–6 p.m. Monday–
Saturday, 7′ draft at mean low tide.
(2) Wilmington Marine Center, 910–
395–5055, 8 a.m.–5 p.m. Seasonal, 7′
draft at mean low tide.
18549
approved waste treatment systems, 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
the described area going from the South
Carolina/North Carolina State line to the
northern boundary of the Pender County
line in North Carolina, with the inland
limit of the NDZ in the Cape Fear River
being the waterway known as Snow’s
Cut (Snow’s Cut entrance to Cape Fear
River located from 34°3′5.8962″ N;
77°55′4.8966″ W to 34°3′4.5216″ N
77°56′37.086″ W), and 3 nm out into the
Atlantic Ocean, and therefore this area
is designated as a NDZ.
Marinas Outside of the Proposed NDZ,
but Within 12 nm
(1) Cape Fear Marina, 910–772–9277,
8 a.m.–5 p.m. Monday–Friday
Weekends by appointment only, 8′ draft
at mean low tide.
The total vessel population for these
three counties (2009 data) is 28,400.
This number reflects active vessel
registrations and was obtained from the
North Carolina Wildlife Resources
Commission (inactive registrations were
not included in these figures). It is
recognized that only a small percent of
the vessels in the coastal waters of
Brunswick and Pender Counties 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
as follows:
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Boat
Boat
Boat
Boat
AGENCY:
Length
Length
Length
Length
< 16′ .....
16′–25′ ..
26′–40′ ..
> 40′ .....
8.3% with MSDs.
10.6% with MSDs.
78.5% with MSDs.
82.6% with MSDs.
In applying these percentages an
estimated 3,888 MSDs are in use by
registered boats within the proposed
NDZ.
According to the New Hanover
County NDZ Application submitted to
EPA, the number of transient boats
serviced by marinas in New Hanover
County was calculated to be
approximately 180 per month.
Assuming similar numbers of transient
boats for Brunswick and Pender
Counties, the total number of transient
boats for Brunswick, Pender, and New
Hanover Counties would be 540. Using
the figures for both county and transient
boats, the total number of MSDs in these
waters is estimated to be 4,428. There
are 12 marinas within this area, and this
yields a ratio of about 369 boats per
pumpout facility. This figure does not
include the 4 marinas that are located
within 5 nm of this proposed NDZ area.
All vessel pumpout facilities that are
described either discharge into State
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
[FR Doc. 2011–7902 Filed 4–1–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9289–3]
Casmalia Disposal Site; Notice of
Proposed CERCLA Administrative De
Minimis Settlement
Environmental Protection
Agency (EPA).
ACTION: Notice; request for public
comment.
In accordance with section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act, as
amended (CERCLA) and section 7003 of
the Resource Conservation and
Recovery Act (RCRA), EPA is hereby
providing notice of a proposed
administrative de minimis settlement
concerning the Casmalia Disposal Site
in Santa Barbara County, California (the
Casmalia Disposal Site). Section 122(g)
of CERCLA provides EPA with the
authority to enter into administrative de
minimis settlements. This settlement is
intended to resolve the liabilities of 49
settling parties for the Casmalia
Disposal Site under sections 106 and
107 of CERCLA and section 7003 of
RCRA. These parties are identified
below. These parties have also elected
to resolve their liability for response
costs and potential natural resource
SUMMARY:
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Pages 18548-18549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7902]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9289-5]
North Carolina Waters Along the Entire Length of Brunswick and
Pender Counties and the Lower Portion of the Cape Fear River in
Brunswick and New Hanover Counties; No Discharge Zone Determination
On June 21, 2010, the Environmental Protection Agency (EPA), Region
4, published a proposal in concurrence with the North Carolina
Department of Environment and Natural Resources (DENR), Division of
Water Quality (DWQ), that adequate and reasonably available pumpout
facilities exist for the designation of Brunswick and Pender Counties
Coastal Waters and a portion of the Cape Fear River, as a No Discharge
Zone (NDZ). Specifically, these waters include all the tidal salt
waters extending 3 nautical miles (nm) into the Atlantic Ocean along
the entire length of Brunswick and Pender Counties, and the saline
waters of the Cape Fear River in Brunswick and New Hanover Counties.
The other saline waters of New Hanover County have already been
designated as a NDZ.
The originally proposed geographic description including latitudes
and longitudes were as follows:
Northern Border of Pender County with Onslow County (34[deg]
27'23.9'' N 77[deg] 32.4'.859'' W), southwest along the mainland coast,
to include all named and unnamed creeks, the Atlantic Intracoastal
Waterway, Cape Fear River (up to Toomers Creek 34[deg] 15'36.61'' N
77[deg] 58'56.03'' W), Brunswick River, and Northeast Cape Fear River
(up to Ness Creek 34[deg] 17'7.10'' N 77[deg] 57'17.70'' W), to the
intersection of the Western tip of Brunswick County and South Carolina,
3 nm into the Atlantic Ocean (33[deg] 48'32.903'' N 78[deg] 30'33.675''
W) to include all the U.S. Territorial Sea extending 3 nm from South
Carolina to a point 3 nm into the Atlantic Ocean (34[deg] 24'30.972'' N
78[deg] 28'18.903'' W) to the Pender/Onslow County Line.
Three comment letters opposing this designation were received.
These letters were from Cruise Lines International Association, Moran
of Wilmington (Division of Moran Towing Corporation), and McAllister
Towing and Transportation Company. The reason for the opposition is
that there are not adequate and reasonably available pumpout facilities
available for these commercial vessels which have deeper drafts than
most recreational vessels. These are valid concerns. The State explored
the comments and options, and confirmed that pumpout facilities are not
available in the upper Cape Fear River specifically for the tugboats
that operate in those waters and hereby amend the proposal to remove
the Cape Fear River, above the waterway known as Snow's Cut, from the
NDZ area. The lower Cape Fear River is still proposed for NDZ. The
inland limit of the NDZ in the Cape Fear River will be the waterway
known as Snow's Cut (A line drawn across the Cape Fear River at Snows
Cut on the Cape Fear River at Snows Cut on the Cape Fear River from
34[deg]3'5.8962'' N; 77[deg]55'4.8966'' W to 34[deg]3'4.5216'' N
77[deg]56'37.086'' 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
[[Page 18549]]
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
Brunswick, Pender, and New Hanover Counties for pumping out vessel
holding tanks:
Marinas Within the Proposed NDZ
(1) St James Plantation Marina, 910-253-0463, 8 a.m.-5 p.m. M-F, 7'
draft at mean low tide.
(2) South Harbor Village Marina, 910-454-7486, 7 a.m.-7 p.m.
Summers, varies off season, 10'15' draft at mean low tide.
(3) Southport Marina Inc., 910-457-9900, Sunrise to Sunset, 6'
draft at mean low tide.
(4) Bald Head Island Marina, 910-457-7380, 9 a.m.-5 p.m. M-F 9
a.m.-6 p.m. Saturday 8 a.m.-6 p.m. Sunday, 8' draft at mean low tide.
(5) Mona Black Marina, 910-458-0575, Flexible--open year round, 4'
draft at mean low tide.
(6) Waterfront Village & Yacht Club, 910-458-7400, Call ahead, 5.5'
draft at mean low tide.
(7) Carolina Beach State Park, 910-458-7770, May-August 8 a.m.-5
p.m. March, April, September, October 8 a.m.-7 p.m., 8' draft at mean
low tide.
(8) Joyner Marina, 910-458-5053, Winter and Weekdays 8 a.m.-5 p.m.
Summer and Weekends 7 a.m.-7 p.m., 5.5' draft at mean low tide.
(9) Wrightsville Beach Marina/Trans Dock, 910-256-6666, 8 a.m.-7:30
p.m. Monday-Friday, 13'-18' draft at mean low tide.
(10) Seapath Yacht Club, 910-256-3747, 7 a.m.-7 p.m., 10'-12' draft
at mean low tide.
(11) Harbour Village Marina, 910-270-2994, 7 a.m.-4 p.m., 10' draft
at mean low tide.
(12) Beach House Marina, 910-328-2628, 8 a.m.-6 p.m., 7.5' draft at
mean low tide.
Marinas Outside of the Proposed NDZ, but Within 5 nm
(1) Coquina Harbor Marina, 843-249-5376, 8 a.m.-6 p.m., 9'-13'
draft at mean low tide.
(2) Cricket Cove Marina, 843-249-7169, 8 a.m.-Sunset, 9' draft at
mean low tide.
(3) Anchor Marina, 843-249-7899, 8 a.m.-5 p.m., 5' draft at mean
low tide.
(4) Doc Holidays Marina, 843-280-6354, 8 a.m.-6 or 8 p.m. depending
on season, 8' draft at mean low tide.
Marinas Outside of the Proposed NDZ, but Within 7 nm
(1) Watermark Marina of Wilmington, 910-794-5259, 10 a.m.-6 p.m.
Monday-Saturday, 7' draft at mean low tide.
(2) Wilmington Marine Center, 910-395-5055, 8 a.m.-5 p.m. Seasonal,
7' draft at mean low tide.
Marinas Outside of the Proposed NDZ, but Within 12 nm
(1) Cape Fear Marina, 910-772-9277, 8 a.m.-5 p.m. Monday-Friday
Weekends by appointment only, 8' draft at mean low tide.
The total vessel population for these three counties (2009 data) is
28,400. This number reflects active vessel registrations and was
obtained from the North Carolina Wildlife Resources Commission
(inactive registrations were not included in these figures). It is
recognized that only a small percent of the vessels in the coastal
waters of Brunswick and Pender Counties 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 as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Boat Length < 16'......................... 8.3% with MSDs.
Boat Length 16'-25'....................... 10.6% with MSDs.
Boat Length 26'-40'....................... 78.5% with MSDs.
Boat Length > 40'......................... 82.6% with MSDs.
------------------------------------------------------------------------
In applying these percentages an estimated 3,888 MSDs are in use by
registered boats within the proposed NDZ.
According to the New Hanover County NDZ Application submitted to
EPA, the number of transient boats serviced by marinas in New Hanover
County was calculated to be approximately 180 per month. Assuming
similar numbers of transient boats for Brunswick and Pender Counties,
the total number of transient boats for Brunswick, Pender, and New
Hanover Counties would be 540. Using the figures for both county and
transient boats, the total number of MSDs in these waters is estimated
to be 4,428. There are 12 marinas within this area, and this yields a
ratio of about 369 boats per pumpout facility. This figure does not
include the 4 marinas that are located within 5 nm of this proposed NDZ
area.
All vessel pumpout facilities that are described either discharge
into State approved waste treatment systems, 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 the described area going from the South
Carolina/North Carolina State line to the northern boundary of the
Pender County line in North Carolina, with the inland limit of the NDZ
in the Cape Fear River being the waterway known as Snow's Cut (Snow's
Cut entrance to Cape Fear River located from 34[deg]3'5.8962'' N;
77[deg]55'4.8966'' W to 34[deg]3'4.5216'' N 77[deg]56'37.086'' W), and
3 nm out into the Atlantic Ocean, and therefore this area is designated
as a NDZ.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-7902 Filed 4-1-11; 8:45 am]
BILLING CODE 6560-50-P
