Clean Water Act: Virginia-Sarah Creek and Perrin River Vessel Sewage No-Discharge Zone-Tentative Affirmative Determination, 14195-14196 [2020-05008]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Notices]
[Pages 14195-14196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05008]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10006-45-Region 3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of tentative affirmative determination.

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SUMMARY: Notice is hereby given that an application for a no-discharge 
zone has been received from the Secretary of Natural Resources on 
behalf of the Commonwealth of Virginia requesting a determination by 
the Regional Administrator, U.S. Environmental Protection Agency (EPA) 
Mid-Atlantic Region, that adequate facilities for the safe and sanitary 
removal and treatment of sewage from all vessels are reasonably 
available for the Sarah Creek and Perrin River, Gloucester County, 
Virginia. The EPA is requesting comments on this application and 
whether the EPA should finalize its tentative affirmative determination 
or make a negative determination on the proposed designation for Sarah 
Creek and Perrin River as provided in the Clean Water Act. 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: Comments must be received in writing to the EPA on or before 
April 10, 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]. Only written comments will be considered.

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

SUPPLEMENTARY INFORMATION: The delineation of the proposed no-discharge 
zone of Sarah Creek from York River will begin at 37[deg]14'58.34'' N, 
76[deg]29'39.17'' W and extend to 37[deg]15'00.81'' N, 
76[deg]28'37.84'' W. From there it will continue north throughout any 
navigable waters including all tributaries and bays. The delineation of 
the proposed no-discharge zone of Perrin River from York River will 
begin at 37[deg]15'47.18'' N, 76[deg]25'20.73'' W and extend to 
37[deg]15'50.63'' N, 76[deg]25'11.84'' W. From there it will continue 
north throughout any navigable waters including all tributaries and 
bays.
    Based on the boater population in Sarah Creek and Perrin River, EPA 
guidance recommends one pumpout facility for each waterbody. The 
Commonwealth of Virginia has certified that there are three stationary 
and one mobile pumpout facilities at two locations on Sarah Creek and 
one stationary pumpout facility on 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
----------------------------------------------------------------------------------------------------------------
                                                                Mean low
                                                                 water
          Pumpout facility                Operating hours        depth       Phone No.            Address
                                                                  (ft)
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York River Yacht Haven (Sarah Creek)  24/7...................          8    804-642-2156  8109 Yacht Haven Road,
                                                                                           Gloucester Point, VA
                                                                                           23062.
Dockside Condominiums (Sarah Creek).  24/7--April 1-November           6    757-876-1568  Sunset Drive,
                                       15.                                                 Gloucester Point, VA
                                                                                           23062.
Crown Pointe Marina (Perrin River)..  The pump-out 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
                                       pump-out is winterized
----------------------------------------------------------------------------------------------------------------


[[Page 14196]]

    The Commonwealth of Virginia has provided documentation indicating 
that the maximum 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. Based on the number and size of vessels and EPA guidance for 
state and local officials, the estimated number of vessels requiring 
pumpout facilities in Sarah Creek and Perrin River during peak 
occupancy is 221.
    In the application, Virginia has 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 to the York River, which drains into the Chesapeake 
Bay. All or portions of the proposed waters have been listed on current 
or previous Clean Water Act 303(d) lists of impaired waters by the 
state as impaired for shellfish harvesting due to fecal coliform. As 
such, many shellfish beds are restricted or closed. Both are also 
impaired for dissolved oxygen and aquatic plants (macrophytes). 
Establishing a no-discharge zone would contribute to: (1) Protecting 
tidal ecosystem services provided by these waterbodies, (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 criteria for the EPA to make its decision are based on Section 
312 of the Clean Water Act, 33 U.S.C. 1322, and EPA's implementing 
regulations found at 40 CFR 140.4. A detailed EPA guidance document 
entitled ``Protecting Coastal Waters from Vessel and Marina Discharges: 
A Guide for State and Local Officials, Volume 1. Establishing No-
Discharge Areas under Sec.  312 of the Clean Water Act (EPA 842-B-94-
004, August 1994)'' provides additional detail and informs EPA's 
analysis. The two primary criteria upon which an affirmative decision 
is based are: (1) A certifying statement of need that the waters 
described in the application require greater environmental protection; 
and (2) demonstrating that there is a sufficient number of accessible 
boat sewage pumpout and dump station facilities available to the 
boating public, in lieu of direct discharge of treated sewage into the 
waters described in the application.
    The EPA has made a tentative determination that sufficient pumpout 
stations exist in both Sarah Creek and Perrin River to service the 
vessel population 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. The commercial vessels operating in Sarah Creek and 
Perrin River include 24-30 dead rise boats, two large fiberglass 
fishing boats, three charter fishing boats and a few small tugs. 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. Vessels requiring greater depths than provided at the 
pumpout station would have difficulty entering the creek. 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 state's application, two large fiberglass 
fishing boats in the Perrin River have MSDs. Additionally, a few small 
tug boats use the Perrin River as a staging area. These vessels likely 
have MSDs onboard, but also use porta-johns located on the barges. Of 
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 information above, the EPA hereby makes a tentative 
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 of Virginia may establish a 
vessel sewage no-discharge zone.

    Dated: February 13, 2020.
Cosmo Servidio,
Regional Administrator, Mid-Atlantic Region.
[FR Doc. 2020-05008 Filed 3-10-20; 8:45 am]
BILLING CODE 6560-50-P