Clean Water Act: Maryland-Chester River Vessel Sewage No-Discharge Zone-Final Affirmative Determination, 68444-68446 [2019-27065]
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68444
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
Support at FERCOnlineSupport@
ferc.gov, (866) 208–3676 (toll free), or
(202) 502–8659 (TTY). In lieu of
electronic filing, please send a paper
copy to: Secretary, Federal Energy
Regulatory Commission, 888 First Street
NE, Washington, DC 20426. The first
page of any filing should include docket
number P–2816–050.
m. The application is not ready for
environmental analysis at this time.
n. Project Description: The existing
North Hartland Hydroelectric Project
consists of: (1) A steel-lined intake
structure in the Corps’ North Hartland
Dam that is equipped with 2-inch
trashracks; (2) a 470-foot-long, 12-footdiameter steel penstock that provides
flow to a 4.0-megawatt (MW) adjustable
blade, vertical shaft turbine-generator
unit located inside of a 59-foot-long, 40foot-wide concrete powerhouse; (3) a
12-foot-diameter bypass conduit that
branches off of the 12-foot-diameter
penstock about 100 feet before the
powerhouse, and that empties into a 60foot-long concrete-lined channel
through a bypass control gate; (4) a 30inch-diameter steel penstock that
branches off of the 12-foot-diamater
bypass conduit about 50 feet upstream
of the bypass control gate, and that
provides flow to a 0.1375–MW fixed
geometry, horizontal pump turbinegenerator unit located on a raised
platform outside of the southern wall of
the powerhouse; (5) a 400-foot-long, 50
to 150-foot-wide tailrace channel; (6) a
transmission line that comprises an
approximately 600-foot-long,12.5
kilovolt (kV) underground segment, and
a 4,000-foot-long, 12.5-kV overhead
segment that connect the generators to
Green Mountain Power Corporation’s
Clay Hill Road Line 66 Transmission
Project No. 12766; and (9) appurtenant
facilities.
The project is managed to meet daily
peak electrical system demand, as
needed using the available head and
reservoir outflow from Corps’ North
Hartland dam. The current license
requires North Hartland to release a
continuous minimum flow of 23 cubic
feet per second (cfs) from July1 through
October 31, and 40 cfs during the
remainder of the year, or the inflow to
the reservoir, whichever is less, for the
purpose of protecting and enhancing
aquatic resources in the Ottauquechee
River. The project has an average annual
generation of approximately 13,991,990
kilowatt-hours from 2014 through 2018.
North Hartland proposes to provide
the following minimum and maximum
flows, respectively: (1) 60 and 700 cfs,
from October 1 through March 31; (2)
160 and 835 cfs, from April 1 through
April 31; (3) 160 and 550 cfs, from May
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1 through May 31; (4) 140 and 450 cfs,
from June 1 through June 30; and (5) 60
and 300 cfs, from July 1 through
September 30.
o. A copy of the application is
available for review at the Commission
in the Public Reference Room or may be
viewed on the Commission’s website at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, contact FERC
Online Support. A copy is also available
for inspection and reproduction at the
town of Hartland’s library, located at
153 Rt. 5, Hartland, VT.
You may also register online at https://
www.ferc.gov/docs-filing/
esubscription.asp to be notified via
email of new filings and issuances
related to this or other pending projects.
For assistance, contact FERC Online
Support.
p. Procedural schedule and final
amendments: The application will be
processed according to the following
preliminary schedule. Revisions to the
schedule will be made as appropriate.
Issue Deficiency Letter (if necessary)—
January 2020
Request Additional Information—
January 2020
Issue Acceptance Letter—April 2020
Issue Scoping Document 1 for
comments—May 2020
Request Additional Information (if
necessary)—July 2020
Issue Scoping Document 2—August
2020
Issue Notice of Ready for Environmental
Analysis—August 2020
Commission issues Environmental
Assessment—February 2021
Final amendments to the application
must be filed with the Commission no
later than 30 days from the issuance
date of the notice of ready for
environmental analysis.
Dated: December 10, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019–27018 Filed 12–13–19; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10002–94–Region 3]
Clean Water Act: Maryland—Chester
River Vessel Sewage No-Discharge
Zone—Final Affirmative Determination
Environmental Protection
Agency (EPA).
ACTION: Notice of final determination.
AGENCY:
PO 00000
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The Environmental Protection
Agency (EPA) has approved the
establishment of a no-discharge zone in
the Chester River, Kent and Queen
Anne’s Counties, Maryland and its
tributaries.
SUMMARY:
Comments must be received in
writing to the EPA on or before January
15, 2020.
ADDRESSES: Comments should be sent to
Matthew A. Konfirst, U.S.
Environmental Protection Agency—
Mid-Atlantic Region, 1650 Arch Street,
Mail Code 3WD31, Philadelphia, PA
19103–2029, or emailed to
konfirst.matthew@epa.gov.
FOR FURTHER INFORMATION CONTACT:
Matthew A. Konfirst, U.S.
Environmental Protection Agency—
Mid-Atlantic Region. Telephone: (215)
814–5801; Fax number: (215) 814–2301;
email address: konfirst.matthew@
epa.gov.
DATES:
On behalf
of the State of Maryland, the Secretary
of the Maryland Department of Natural
Resources requested that the Regional
Administrator, U.S. Environmental
Protection Agency, Region 3 approve a
no-discharge zone pursuant to section
312(f)(3) of the Clean Water Act, 33
U.S.C. 1322(f)(3). After review of
Maryland’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
the Chester River and its tributaries. The
State’s application is available upon
request from the EPA (please contact the
person identified in the ADDRESSES
section of this document) or at https://
dnr.maryland.gov/boating/Documents/
FINAL_CRA_NDZ_APPLICATION.pdf.
The delineation of the proposed nodischarge zone of the Chester River and
its tributaries to the Chesapeake Bay
will begin at 39°8′54.48″ N, 76°16′37.11″
W and extend down to 39°2′23.56″ N,
76°18′8.89″ W. From there it will
continue east throughout any navigable
waters including all tributaries and
bays. Included within this zone are
Lankford Bay, Corsica River, Southeast
Creek, and many smaller tributaries.
The application identifies 19
stationary and four mobile cart pumpout
stations located at 17 marinas or docks
throughout the Chester River. Sixteen of
the nineteen stationary units also have
a method to empty portable toilets. The
pumpout stations were funded through
the Clean Vessel Act and Maryland
Waterway Improvement Fund with
grants administered by the Maryland
Department of Natural Resources. Use of
the pumpout stations incurs a fee of no
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
more than $5.00 for the first 50 gallons
of sewage pumped plus an additional 10
cents per gallon for every gallon above
50. All pumpouts comply with local and
state sanitary permitting requirements.
A list of the facilities, phone numbers,
68445
locations, and hours of operation can be
found below.
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LIST OF FACILITIES WITH PUMPOUTS IN THE PROPOSED NO-DISCHARGE ZONE
Pumpout facility
Operating hours in
season
Mean low
water depth
(ft)
Bayside Landing Park .........................
Castle Harbor Marina ..........................
Chestertown Marina ............................
Gratitude Marina ..................................
Haven Harbor Marina ..........................
Kennersley Point Marina .....................
Lankford Bay Marina ...........................
Long Cove Marina ...............................
Mears Point Marina .............................
North Point Marina ..............................
Osprey Point Marina ...........................
Piney Narrows Yacht Haven ...............
Queenstown Harbor Community Pier
Rock Hall Landing Marina ...................
Sailing Emporium ................................
Spring Cove Marina ............................
Swan Creek Marina .............................
24–7 ......................
24–7 ......................
9:00–5:00 daily .....
9:00–5:00 daily .....
8:00–5:00 daily .....
8:00–5:00 daily .....
24–7 ......................
8:00–5:00 daily .....
8:30–7:00 daily .....
9:00–5:00 daily .....
24–7 ......................
8:30–6:30 daily .....
24–7 ......................
9:00–5:00 daily .....
8:00–5:00 daily .....
24–7 ......................
24–7 ......................
5
6
10
7
6
3
7
6
6
6
6
8
6
5
8
5
7
The State of Maryland provided
documentation demonstrating that the
total resident and transient vessel
population using the proposed waters is
estimated to be between 2,705 and 4,700
boats. Using the higher of those
estimates, the State identified
approximately 3,196 as recreational
vessels, 1,151 as commercial vessels,
and 353 as ‘‘Other.’’ Commercial vessels
in the Chester River include crabbing
and fishing boats, charter fishing boats,
and passenger vessels. The estimated
vessel population is based on length:
The most conservative estimates
provided by the State of Maryland
suggest that there are no vessels less
than 16 feet in length, 15 vessels
between 16 feet and 25 feet in length,
3,034 vessels between 25 feet and 40
feet in length, and 1,651 vessels greater
than 40 feet in length. Based on the
number and size of vessels and EPA
guidance (Protecting Coastal Waters
from Vessel and Marina Discharges: A
Guide for State and Local Officials,
August 1994), the estimated number of
vessels requiring pumpout facilities in
the Chester River during peak
occupancy is 1,207.
In the application, Maryland certified
that the Chester River and its tributaries
need greater environmental protection
to improve water quality and protect
important resources. Both the Chester
River and the Chesapeake Bay into
which it drains, are classified as
impaired for not meeting applicable
State water quality standards. The
entirety of the Chester River is
considered impaired by nutrients,
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Phone No.
Address
410–778–2600
410–643–5599
410–778–0500
410–639–7011
410–778–6687
410–758–2394
410–778–1414
410–778–6777
410–827–8888
410–639–2907
410–639–2194
410–643–6600
301–343–5487
410–639–2224
410–778–1342
410–639–2110
410–639–7813
20927 Bayside Avenue, Rock Hall, MD 21661.
301 Tackle Cir, Chester, MD 21619.
207 S Water St, Chestertown, MD 21620.
5924 Lawton Ave, Rock Hall, MD 21661.
20880 Rock Hall Ave, Rock Hall, MD 21661.
223 Marina Ln, Church Hill, MD 21623.
23002 McKinleyville Rd, Rock Hall, MD 21661.
22589 Hudson Rd, Rock Hall, MD 21661.
428 Kent Narrow Way N, Grasonville, MD 21638.
5639 Walnut St, Rock Hall, MD 21661.
20786 Rock Hall Ave, Rock Hall, MD 21661.
500 Piney Narrows Rd, Chester, MD 21619.
252 Harbor Lane, Queenstown, MD 21658.
5657 S Hawthorne Ave, Rock Hall, MD 21661.
21144 Green Lane, Rock Hall, MD 21661.
21035 Spring Cove Rd, Rock Hall, MD 21661.
6043 Lawton Ave, Rock Hall, MD 21661.
sediment, bacteria or a combination
thereof. The two counties that surround
the Chester River, Kent County and
Queen Anne’s County, rank as the top
two Maryland waterfront counties in
terms of beach closures by percentage of
beaches. All beach closures were the
result of elevated bacteria as evidenced
by high levels of enterococci.
The Chester River is an important
economic driver for the region,
providing jobs and revenue through
tourism, commercial and recreational
fishing for fish and shellfish, boating,
and more. Many people use the Chester
River for hunting, cruising, nature
observation, sightseeing, waterskiing,
tubing, racing, and swimming. Based on
a study by the Sage Policy Group in
2012, cited in the application, the
Chester River supports $86 million in
annual local economic activity, 900
jobs, and $26.7 million in annual labor
income.
The EPA determined that the costs
associated with designating the Chester
River as a vessel sewage NDZ are
reasonable. Sufficient pumpout stations
exist to service the resident vessel
population and the fee is capped at
$5.00 per pumpout of 50 gallons or less.
The commercial vessels operating in
Chester River include crabbing, fishing,
and charter vessels. These vessels have
drafts less than 10 feet and can therefore
access the facilities described
previously in this document. Neither
the recreational vessels, nor most of the
commercial vessels, are expected to
require pumpouts in excess of 50
gallons. As identified in the application,
two larger passenger vessels that may
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generate greater volumes of sewage are
already operating holding tanks, and
therefore would not experience any
incremental costs associated with
designation of a NDZ.
Following publication of the Receipt
of Petition in the Federal Register at 82
FR 15357, March 28, 2017, a 30-day
public comment period was opened.
The EPA received comments from 64
unique individuals regarding
establishment of a no-discharge zone
(NDZ) in the Chester River and its
tributaries. Of those, 57 supported and
7 contested the effort. Comments critical
of establishing a NDZ focused on five
primary issues: Issue 1: The volume of
discharge targeted by the establishment
of a NDZ in the Chester River is
minimal. Response: These comments go
beyond the scope of the EPA’s authority
in this action. Because the EPA’s
authority is limited to determining
whether adequate pumpout facilities
exist, it is not appropriate to base its
determination on whether vessel sewage
is comparable in quantity or impact to
other sources of pollution. Issue 2:
Effective enforcement of the regulation
will be difficult. Response: Both the US
Coast Guard and Maryland Department
of the Environment have the authority
to enforce NDZ requirements; however,
initial efforts to achieve compliance are
expected to focus on boater education.
Issue 3: The data used to determine boat
populations is outdated and the formula
used to calculate pumpout availability
does not accurately represent on-theground conditions. Response:
Calculations indicate that a minimum of
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
10 pumpout facilities are required to
service the Chester River boating
population. There are currently 23
facilities with the capacity to support
6,900 boats; the upper estimate of boats
is 4,700. Therefore, even if there is an
increase in the number of boats, there is
adequate capacity for pumpout service.
Issue 4: Pumpout facilities are
concentrated in certain areas of the river
and are not available on a year-round
basis. Response: There is a
concentration of pumpout facilities at
Rock Hall near the northern end of the
Chester River’s mouth, but facilities are
distributed along the river as far
upstream as Chestertown. Ten of the 23
pumpout facilities are open year-round
and are distributed throughout the
Chester River NDZ. Issue 5: Establishing
a NDZ would negate boaters’ ability to
operate certain flow-through marine
sanitation devices that are currently
Coast Guard-approved, thereby limiting
boaters’ options for handling sewage.
Response: The NDZ only applies to the
Chester River and its tributaries, not to
the entirety of the Chesapeake Bay.
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 the Chester
River and its tributaries such that the
State of Maryland may establish a vessel
sewage no-discharge zone.
Dated: November 18, 2019.
Cosmo Servidio,
Regional Administrator, Mid-Atlantic Region.
[FR Doc. 2019–27065 Filed 12–13–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request (OMB No.
3064–0026; –00079; –0122 and –0139)
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Agency information collection
activities: Submission for OMB review;
comment request.
AGENCY:
The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995, invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of the existing
information collections described
below. On September 30, 2019, the FDIC
requested comment for 60 days on a
proposal to renew these information
collections. No comments were
received. The FDIC hereby gives notice
of its plan to submit to OMB a request
to approve the renewal of these
information collections, and again
invites comment on their renewal.
DATES: Comments must be submitted on
or before January 15, 2020.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• https://www.FDIC.gov/regulations/
laws/federal.
• Email: comments@fdic.gov. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
SUMMARY:
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street Building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, mcabeza@fdic.gov, MB–
3128, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently approved collection of
information:
1. Title: Transfer Agent Registration
and Amendment Form.
OMB Number: 3064–0026.
Form: Transfer Agent Registration and
Amendment Form (Form TA–1).
Affected Public: Private Sector,
insured state nonmember banks and
state savings associations.
Burden Estimate:
SUMMARY OF ANNUAL BURDEN
Estimated
number of
responses
Estimated time
per response
(hours)
Obligation to
respond
Transfer Agent Registration and Amendment Form.
Reporting ........
Mandatory ......
12
1
.39
On Occasion ..
4.73
........................
........................
........................
........................
........................
........................
4.73
General Description of Collection:
Section 17A(c) of the Security Exchange
Act of 1934 (the Act) requires all
transfer agents for securities registered
under section 12 of the Act or, if the
security would be required to be
registered except for the exemption from
registration provided by Section
12(g)(2)(B) or Section 12(g)(2)(G), to
‘‘fil[e] with the appropriate regulatory
agency . . . an application for
registration in such form and containing
such information and documents . . . as
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19:21 Dec 13, 2019
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such appropriate regulatory agency may
prescribe as necessary or appropriate in
furtherance of the purposes of this
section.’’ In general, an entity
performing transfer agent functions for a
security is required to register with its
appropriate regulatory agency (‘‘ARA’’)
if the security is registered on a national
securities exchange or if the issuer of
the security has total assets exceeding
$10 million and a class of equity
security held of record by 2,000 persons
or, for an issuer that is not a bank, BHC,
PO 00000
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Sfmt 4703
Frequency of
response
Total
estimated
annual
burden
(hours)
Type of burden
Total Estimated Annual Burden Hours
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Estimated
number of
respondents
Information collection (IC) description
or SLHC, by 500 persons who are not
accredited investors. The Board’s
Regulation H (12 CFR 208.31(a)) and
Regulation Y (12 CFR 225.4(d)), the
OCC’s 12 CFR 9.20, and the FDIC’s 12
CFR part 341 implement these
provisions of the Act. To accomplish the
registration of transfer agents, Form TA–
1 was developed in 1975 as an
interagency effort by the Securities and
Exchange Commission (SEC) and the
agencies. The agencies primarily use the
data collected on Form TA–1 to
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68444-68446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27065]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-10002-94-Region 3]
Clean Water Act: Maryland--Chester River Vessel Sewage No-
Discharge Zone--Final Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) has approved the
establishment of a no-discharge zone in the Chester River, Kent and
Queen Anne's Counties, Maryland and its tributaries.
DATES: Comments must be received in writing to the EPA on or before
January 15, 2020.
ADDRESSES: Comments should be sent to Matthew A. Konfirst, U.S.
Environmental Protection Agency--Mid-Atlantic Region, 1650 Arch Street,
Mail Code 3WD31, Philadelphia, PA 19103-2029, or emailed to
[email protected].
FOR FURTHER INFORMATION CONTACT: Matthew A. Konfirst, U.S.
Environmental Protection Agency--Mid-Atlantic Region. Telephone: (215)
814-5801; Fax number: (215) 814-2301; email address:
[email protected].
SUPPLEMENTARY INFORMATION: On behalf of the State of Maryland, the
Secretary of the Maryland Department of Natural Resources requested
that the Regional Administrator, U.S. Environmental Protection Agency,
Region 3 approve a no-discharge zone pursuant to section 312(f)(3) of
the Clean Water Act, 33 U.S.C. 1322(f)(3). After review of Maryland'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 the Chester River and its
tributaries. The State's application is available upon request from the
EPA (please contact the person identified in the ADDRESSES section of
this document) or at https://dnr.maryland.gov/boating/Documents/FINAL_CRA_NDZ_APPLICATION.pdf.
The delineation of the proposed no-discharge zone of the Chester
River and its tributaries to the Chesapeake Bay will begin at
39[deg]8'54.48'' N, 76[deg]16'37.11'' W and extend down to
39[deg]2'23.56'' N, 76[deg]18'8.89'' W. From there it will continue
east throughout any navigable waters including all tributaries and
bays. Included within this zone are Lankford Bay, Corsica River,
Southeast Creek, and many smaller tributaries.
The application identifies 19 stationary and four mobile cart
pumpout stations located at 17 marinas or docks throughout the Chester
River. Sixteen of the nineteen stationary units also have a method to
empty portable toilets. The pumpout stations were funded through the
Clean Vessel Act and Maryland Waterway Improvement Fund with grants
administered by the Maryland Department of Natural Resources. Use of
the pumpout stations incurs a fee of no
[[Page 68445]]
more than $5.00 for the first 50 gallons of sewage pumped plus an
additional 10 cents per gallon for every gallon above 50. All pumpouts
comply with local and state sanitary permitting requirements. A list of
the facilities, phone numbers, locations, and hours of operation can be
found below.
List of Facilities With Pumpouts in the Proposed No-Discharge Zone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mean low
Pumpout facility Operating hours in season water depth Phone No. Address
(ft)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bayside Landing Park........... 24-7...................... 5 410-778-2600 20927 Bayside Avenue, Rock Hall, MD 21661.
Castle Harbor Marina........... 24-7...................... 6 410-643-5599 301 Tackle Cir, Chester, MD 21619.
Chestertown Marina............. 9:00-5:00 daily........... 10 410-778-0500 207 S Water St, Chestertown, MD 21620.
Gratitude Marina............... 9:00-5:00 daily........... 7 410-639-7011 5924 Lawton Ave, Rock Hall, MD 21661.
Haven Harbor Marina............ 8:00-5:00 daily........... 6 410-778-6687 20880 Rock Hall Ave, Rock Hall, MD 21661.
Kennersley Point Marina........ 8:00-5:00 daily........... 3 410-758-2394 223 Marina Ln, Church Hill, MD 21623.
Lankford Bay Marina............ 24-7...................... 7 410-778-1414 23002 McKinleyville Rd, Rock Hall, MD 21661.
Long Cove Marina............... 8:00-5:00 daily........... 6 410-778-6777 22589 Hudson Rd, Rock Hall, MD 21661.
Mears Point Marina............. 8:30-7:00 daily........... 6 410-827-8888 428 Kent Narrow Way N, Grasonville, MD 21638.
North Point Marina............. 9:00-5:00 daily........... 6 410-639-2907 5639 Walnut St, Rock Hall, MD 21661.
Osprey Point Marina............ 24-7...................... 6 410-639-2194 20786 Rock Hall Ave, Rock Hall, MD 21661.
Piney Narrows Yacht Haven...... 8:30-6:30 daily........... 8 410-643-6600 500 Piney Narrows Rd, Chester, MD 21619.
Queenstown Harbor Community 24-7...................... 6 301-343-5487 252 Harbor Lane, Queenstown, MD 21658.
Pier.
Rock Hall Landing Marina....... 9:00-5:00 daily........... 5 410-639-2224 5657 S Hawthorne Ave, Rock Hall, MD 21661.
Sailing Emporium............... 8:00-5:00 daily........... 8 410-778-1342 21144 Green Lane, Rock Hall, MD 21661.
Spring Cove Marina............. 24-7...................... 5 410-639-2110 21035 Spring Cove Rd, Rock Hall, MD 21661.
Swan Creek Marina.............. 24-7...................... 7 410-639-7813 6043 Lawton Ave, Rock Hall, MD 21661.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The State of Maryland provided documentation demonstrating that the
total resident and transient vessel population using the proposed
waters is estimated to be between 2,705 and 4,700 boats. Using the
higher of those estimates, the State identified approximately 3,196 as
recreational vessels, 1,151 as commercial vessels, and 353 as
``Other.'' Commercial vessels in the Chester River include crabbing and
fishing boats, charter fishing boats, and passenger vessels. The
estimated vessel population is based on length: The most conservative
estimates provided by the State of Maryland suggest that there are no
vessels less than 16 feet in length, 15 vessels between 16 feet and 25
feet in length, 3,034 vessels between 25 feet and 40 feet in length,
and 1,651 vessels greater than 40 feet in length. Based on the number
and size of vessels and EPA guidance (Protecting Coastal Waters from
Vessel and Marina Discharges: A Guide for State and Local Officials,
August 1994), the estimated number of vessels requiring pumpout
facilities in the Chester River during peak occupancy is 1,207.
In the application, Maryland certified that the Chester River and
its tributaries need greater environmental protection to improve water
quality and protect important resources. Both the Chester River and the
Chesapeake Bay into which it drains, are classified as impaired for not
meeting applicable State water quality standards. The entirety of the
Chester River is considered impaired by nutrients, sediment, bacteria
or a combination thereof. The two counties that surround the Chester
River, Kent County and Queen Anne's County, rank as the top two
Maryland waterfront counties in terms of beach closures by percentage
of beaches. All beach closures were the result of elevated bacteria as
evidenced by high levels of enterococci.
The Chester River is an important economic driver for the region,
providing jobs and revenue through tourism, commercial and recreational
fishing for fish and shellfish, boating, and more. Many people use the
Chester River for hunting, cruising, nature observation, sightseeing,
waterskiing, tubing, racing, and swimming. Based on a study by the Sage
Policy Group in 2012, cited in the application, the Chester River
supports $86 million in annual local economic activity, 900 jobs, and
$26.7 million in annual labor income.
The EPA determined that the costs associated with designating the
Chester River as a vessel sewage NDZ are reasonable. Sufficient pumpout
stations exist to service the resident vessel population and the fee is
capped at $5.00 per pumpout of 50 gallons or less. The commercial
vessels operating in Chester River include crabbing, fishing, and
charter vessels. These vessels have drafts less than 10 feet and can
therefore access the facilities described previously in this document.
Neither the recreational vessels, nor most of the commercial vessels,
are expected to require pumpouts in excess of 50 gallons. As identified
in the application, two larger passenger vessels that may generate
greater volumes of sewage are already operating holding tanks, and
therefore would not experience any incremental costs associated with
designation of a NDZ.
Following publication of the Receipt of Petition in the Federal
Register at 82 FR 15357, March 28, 2017, a 30-day public comment period
was opened. The EPA received comments from 64 unique individuals
regarding establishment of a no-discharge zone (NDZ) in the Chester
River and its tributaries. Of those, 57 supported and 7 contested the
effort. Comments critical of establishing a NDZ focused on five primary
issues: Issue 1: The volume of discharge targeted by the establishment
of a NDZ in the Chester River is minimal. Response: These comments go
beyond the scope of the EPA's authority in this action. Because the
EPA's authority is limited to determining whether adequate pumpout
facilities exist, it is not appropriate to base its determination on
whether vessel sewage is comparable in quantity or impact to other
sources of pollution. Issue 2: Effective enforcement of the regulation
will be difficult. Response: Both the US Coast Guard and Maryland
Department of the Environment have the authority to enforce NDZ
requirements; however, initial efforts to achieve compliance are
expected to focus on boater education. Issue 3: The data used to
determine boat populations is outdated and the formula used to
calculate pumpout availability does not accurately represent on-the-
ground conditions. Response: Calculations indicate that a minimum of
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10 pumpout facilities are required to service the Chester River boating
population. There are currently 23 facilities with the capacity to
support 6,900 boats; the upper estimate of boats is 4,700. Therefore,
even if there is an increase in the number of boats, there is adequate
capacity for pumpout service. Issue 4: Pumpout facilities are
concentrated in certain areas of the river and are not available on a
year-round basis. Response: There is a concentration of pumpout
facilities at Rock Hall near the northern end of the Chester River's
mouth, but facilities are distributed along the river as far upstream
as Chestertown. Ten of the 23 pumpout facilities are open year-round
and are distributed throughout the Chester River NDZ. Issue 5:
Establishing a NDZ would negate boaters' ability to operate certain
flow-through marine sanitation devices that are currently Coast Guard-
approved, thereby limiting boaters' options for handling sewage.
Response: The NDZ only applies to the Chester River and its
tributaries, not to the entirety of the Chesapeake Bay.
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 the Chester River and its tributaries such
that the State of Maryland may establish a vessel sewage no-discharge
zone.
Dated: November 18, 2019.
Cosmo Servidio,
Regional Administrator, Mid-Atlantic Region.
[FR Doc. 2019-27065 Filed 12-13-19; 8:45 am]
BILLING CODE 6560-50-P
