[Federal Register: November 21, 2006 (Volume 71, Number 224)]
[Notices]
[Page 67352-67353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no06-44]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8244-5]
Virginia State Prohibition on Discharges of Vessel Sewage;
Receipt of Application and Tentative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Tentative Determination.
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SUMMARY: Notice is hereby given that an application was received from
the Commonwealth of Virginia on July 25, 2006, requesting a
determination by the Regional Administrator, EPA Region III, pursuant
to section 312(f) of Public Law 92-500, as amended by Public Law 95-217
and Public Law 100-4 (the Clean Water Act), that adequate facilities
for the safe and sanitary removal and treatment of sewage from all
vessels are reasonably available for the navigable waters of the
Lynnhaven River and its tributaries, Virginia Beach, Virginia.
DATES: Comments and views regarding this application and EPA's
tentative determination may be filed on or before December 21, 2006.
ADDRESSES: Comments or requests for information or copies of the
State's application should be addressed to Edward Ambrogio, EPA Region
III, Office of State and Watershed Partnerships, 1650 Arch Street,
Philadelphia, PA 19103.
FOR FURTHER INFORMATION CONTACT: Edward Ambrogio, EPA Region III,
Office of State and Watershed Partnerships, 1650 Arch Street,
Philadelphia, PA 19103. Telephone: (215) 814-2758. Fax: (215) 814-2301.
E-mail: ambrogio.edward@epa.gov.
SUPPLEMENTARY INFORMATION: This application was made by the Virginia
Secretary of Natural Resources on behalf of the Virginia Department of
Environmental Quality (VDEQ). Upon receipt of an affirmative
determination in response to this application, VDEQ would completely
prohibit the discharge of sewage, whether treated or not, from any
vessel in the Lynnhaven River in accordance with section 312(f)(3) of
the Clean Water Act and 40 CFR 140.4(a).
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.
The Lynnhaven River is located in the northern part of the city of
Virginia Beach, Virginia. It is connected to the Chesapeake Bay through
the Lynnhaven Inlet, just east of the Chesapeake Bay Bridge-Tunnel. The
Lynnhaven River, including the Eastern Branch, the Western Branch, and
Broad Bay/Linkhorn Bay encompasses an area of land and water of
approximately 64 square miles with nearly 150 miles of shoreline. The
upstream portions of the Lynnhaven River system flow either north to
the Chesapeake Bay or south to North Carolina depending on wind and
tidal patterns. The Lynnhaven River is oligohaline and subject to the
action of tides. The majority of the waters outside the bays are
shallow with maintained channel depths of six to 10 feet.
Many people enjoy the Lynnhaven River watershed for a variety of
activities, including boating, fishing, crabbing, water skiing, and
swimming. The shoreline surrounding the Lynnhaven River includes 4,478
private waterfront homes, public access areas, marinas, boat launch
facilities, waterside restaurants, and a State park. Large and small
boats, personal watercraft, canoes, kayaks, water skiers, and swimmers
enjoy the river for its recreational benefits. There are several
waterfront access areas within First Landing State Park for swimming
during summer months. The Lynnhaven River was also once a prime oyster
harvesting area known throughout the world for the famous Lynnhaven
oyster. Oyster habitat restoration projects are presently being
implemented in the Lynnhaven River. Lynnhaven River 2007, an advocacy
group, in partnership with the city of Virginia Beach, the Chesapeake
Bay Foundation, and the U.S. Army Corps of Engineers initiated an
oyster-growing program in the summer of 2004 to assist in repopulating
the river with this valuable living resource.
Portions of the Lynnhaven River were listed for bacteriological
impairments from fecal coliform and enterococci bacteria in Virginia's
1998 section 303(d) list requiring the development of a total maximum
daily load (TMDL). Consequently in 2004, EPA Region III and the
Virginia State Water Control Board approved a TMDL for the shellfish
harvest use impairments on Lynnhaven, Broad, and Linkhorn Bays prepared
by the VDEQ. The establishment of a No Discharge Zone for the Lynnhaven
River is one component of the TMDL Implementation Plan.
For the purpose of this application, the proposed Lynnhaven River
No Discharge Zone is defined as all contiguous waters south of the
Lesner Bridge at Lynnhaven Inlet (Latitude 36[deg]54'27.90'' N and
Longitude 76[deg]05'30.90'' W) and north of the watershed break point
defined as the intersection of West Neck Creek at Dam Neck Road
(Latitude 36[deg]47'17.60'' N and Longitude 76[deg]04'14.62'' W).
Information submitted by the Commonwealth of Virginia states that
there are six waterfront marinas operating sanitary pump-outs in the
Lynnhaven River. Each of these facilities also provides dump stations,
restrooms, and informational signage. Details of these facilities'
location, availability and hours of operation are as follows:
Long Bay Pointe marina is located on the north side of Long Creek,
west of the West Great Neck Road Bridge over the creek (2101 West Great
Neck Rd., Virginia Beach). The marina currently operates a Chesapeake
Bay Marine pump-out system on the fuel dock accessible to all boaters.
There is a sign on the pump station. The marina also has a dump station
adjacent to the dock for portable toilets. The marina's sewage disposal
hours of operation are 10 a.m.-6 p.m., 7 days a week, 12 months per
year. Lynnhaven Dry Storage marina is located on the north side of Long
Creek between the West Great Neck Road and North Great Neck Road
bridges over the creek (2150 West Great Neck Rd., Virginia Beach). The
marina currently operates a SaniSailor pump-out system on the fuel dock
accessible to all boaters. A sign for the pump-out is posted on the
side of the building adjacent to the dock. The marina has a dump
station adjacent to the dock for portable toilets. The marina's sewage
disposal hours of operation are 8 a.m.-5 p.m., 7 days a week, 12 months
per
[[Page 67353]]
year. Lynnhaven Municipal marina is located along the north side of
Long Creek between the West Great Neck Road Bridge and the Lesner
Bridge (3211 Lynnhaven Drive, Virginia Beach). The marina currently
operates a Chesapeake Bay Marine pump-out system at the building face
with a hose that reaches the dock accessible to all boaters. There is a
sign for the pump-out posted on the dock and on the building face. The
marina also has a dump station at the building face adjacent to the
dock for portable toilets. The marina's sewage disposal hours of
operation are 8 a.m.-4 p.m., 7 days a week, 12 months per year.
Lynnhaven Seafood marina is located along the north side of Long Creek
between the West Great Neck Road Bridge and the Lesner Bridge (3311
Shore Drive, Virginia Beach). The marina currently operates a
SaniSailor pump-out system on the fuel dock accessible to all boaters.
There is a sign on the pump station. The marina also has a dump station
adjacent to the dock for portable toilets. The marina's sewage disposal
hours of operation are 6:30 a.m.-11 p.m., 7 days a week, 12 months per
year. Marina Shores marina is located on the north side of Long Creek
just east of the North Great Neck Road Bridge over the creek (2100
Marina Shores Drive, Virginia Beach). The marina currently operates an
Edson pump-out system on the fuel dock accessible to all boaters. There
is a sign posted on the pump station. The marina also has a dump
station adjacent to the dock for portable toilets. The marina's sewage
disposal hours of operation are 7 a.m.-8 p.m. weekends, 8 a.m.-7 p.m.
weekdays, May through September, and, 8 a.m.-5 p.m. October through
June. Cavalier Golf & Yacht Club marina is located at the north end of
the Bird Neck Point Neighborhood at Bird Neck Point where Little Neck
Creek meets Linkhorn Bay (1052 Cardinal Road, Virginia Beach). The
marina currently operates a KECO diaphragm pump-out system on the dock
accessible to club members only. They also have a dump station adjacent
to the dock for portable toilets. The club currently serves
approximately one hundred-fifty (150) vessels at this facility. The
marina's sewage disposal hours of operation are 8 a.m.-6 p.m., 7 days a
week, 12 months per year.
There are no draught limitations for vessels at pump-out facilities
and dump stations in the Lynnhaven River. All vessels using the
facilities have sufficient water to dock at the marinas. There are two
bridges within the Lynnhaven River as well as the Lesner Bridge located
at Lynnhaven Inlet. Pump-out facility locations as well as the bridge
heights (35 feet) do not restrict accessibility to marinas or pump-out
facilities. The facilities are generally concentrated near Lynnhaven
Inlet because the watershed becomes dominated by private residences as
one travels further away from the inlet. However, transient boats enter
the watershed at the inlet and most local boats travel to the inlet
facilities for fuel, so the grouping of facility locations does not
appear to be an inconvenience.
The Commonwealth of Virginia Sanitary Regulations for Marinas and
Boat Moorings specifies requirements for facility design and operation.
Routine health department inspections and performance tests are
performed to ensure that facilities are available and functioning
properly. Broken pump-out stations can be reported to the Virginia
Department of Health (VDH) by calling 1-800-ASK-FISH. These regulations
also address treatment of collected vessel sewage from pump-outs and
dump stations. In compliance with these regulations, all wastes from
marinas within the Lynnhaven River are collected in and transported
through the City of Virginia Beach's sanitary sewer collection system
to the Hampton Roads Sanitation District for ultimate treatment and
disposal.
According to Virginia's application there are approximately 11,253
vessels operating in the Lynnhaven River on any given day based on
Virginia Beach boater registrations, and estimates of the transient
boat population, minus the estimated number of registered boats
operating in other Virginia Beach watersheds. The VDH marina inspection
slip counts indicate only four out of 535 wet slips at commercial
marinas with pump-outs in the Lynnhaven River are designated as
transient vessel slips. Based on this information, it is assumed that
most transient boats are brought in by trailer.
Most of these boats would not be of a size expected to have a
holding tank. Transient boat counts have been estimated based on boat
information given by the operators of the three public boat ramps in
the Lynnhaven River.
The vessel population based on length is 2,883 vessels less than 16
feet in length, 7,272 vessels between 16 feet and 26 feet in length,
899 vessels between 27 feet and 40 feet in length, and 199 vessels
greater than 40 feet in length. Based on the number and size of vessels
and EPA guidance for State and local officials to estimate the number
of vessels with holding tanks, two pump-outs and four dump stations are
needed for the Lynnhaven River. As described above, there are currently
six pump-out facilities and six dump stations in the Lynnhaven River.
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 the Lynnhaven
River, Virginia Beach, Virginia. A final determination on this matter
will be made following the 30 day period for public comment and may
result in a Virginia State prohibition of any sewage discharges from
vessels in the Lynnhaven River. Comments and views regarding this
application and EPA's tentative determination may be filed on or before
December 21, 2006.
Comments or requests for information or copies of the application
should be addressed to Edward Ambrogio, EPA Region III, Office of State
and Watershed Partnerships, 1650 Arch Street, Philadelphia, PA 19103.
Telephone: (215) 814-2758. Fax: (215) 814-2301. E-mail:
ambrogio.edward@epa.gov.
Dated: November 13, 2006.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E6-19645 Filed 11-20-06; 8:45 am]
BILLING CODE 6560-50-P