[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 35024-35025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14907]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9164-2]
North Carolina Waters Along the Entire Length of Brunswick and
Pender Counties and the Saline Waters of the Cape Fear River in
Brunswick and New Hanover Counties No Discharge Zone Determination
The Environmental Protection Agency (EPA), Region 4, concurs with
the determination of 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 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 geographic description including latitudes and longitudes are
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.
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 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:
(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) Watermark Marina of Wilmington, 910-794-5259, 10 a.m.-6 p.m.
Monday-Saturday, 7' draft at mean low tide
(10) Wilmington Marine Center, 910-395-5055, 8 a.m.-5 p.m.
Seasonal, 7' draft at mean low tide
(11) Cape Fear Marina, 910-772-9277, 8 a.m.-5 p.m. Monday-Friday
Weekends by appointment only, 8' draft at mean low tide
(12) Wrightsville Beach Marina/Trans Dock, 910-256-6666, 8 a.m.-
7:30 p.m. Monday-Friday, 13'-18' draft at mean low tide
(13) Seapath Yacht Club, 910-256-3747, 7 a.m.-7 p.m., 10'-12' draft
at mean low tide
(14) Harbour Village Marina, 910-270-2994, 7 a.m.-4 p.m., 10' draft
at mean low tide
(15) Beach House Marina, 910-328-2628, 8 a.m.-6 p.m., 7.5' draft at
mean low tide
Marinas outside of the propose 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
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 4,335. There are 15 marinas within this area, and this
[[Page 35025]]
yields a ratio of about 289 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 and regulated septic tanks or State approved on
site waste treatment plant, 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.
Comments regarding this proposed action should be addressed to Tony
Able, Chief, Coastal Section, EPA Region 4, Water Protection Division,
61 Forsyth Street, Atlanta, Georgia 30303-3104. Comments regarding this
proposed action will be accepted until 30 days from the date of this
publication in the Federal Register.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
Memorandum
SUBJECT: Adequate and Reasonably Available Pumpout Facility
Determination for North Carolina Waters Along the Entire Length of
Brunswick and Pender Counties and the Saline Waters of the Cape Fear
River in Brunswick and New Hanover Counties No Discharge Zone
Determination
FROM: James D. Giattina, Director, Water Protection Division
TO: A. Stanley Meiburg, Acting Regional Administrator
EPA Region 4 received a petition from North Carolina Department
of Environment and Natural Resources (NCDENR), Division of Water
Quality, requesting concurrence with its determination that there
are adequate and reasonably available pumpout facilities for
emptying marine sanitation device holding tanks for North Carolina
Waters along the entire length of Brunswick and Pender Counties and
the saline waters of the Cape Fear River in Brunswick and New
Hanover Counties.
All three counties (Brunswick, Pender and New Hanover) passed
resolutions to petition for the establishment of a No Discharge Zone
for their respective jurisdictions. Three members of the North
Carolina General Assembly have also written in support for the
designation of NDZ. This designation must be made before a State or
local government can enforce a No Discharge Zone in waters where
there is or may be interstate commerce. The establishment and
enforcement of this action is the responsibility of the State as
indicated in Section 312 of the Clean Water Act.
I recommend that EPA concur with this request, and proceed with
the Federal Register process for noticing EPA's final determination.
Section 312 of the Clean Water Act provides the authority for
this action, which has been delegated to the Regional Administrator.
Your approval and signature are requested.
If you need further information, please call me or Drew Kendall
of my staff at 2-9394.
Attachments:
No Discharge Zone Federal Register Notice
Federal Register Publication Interim Cover Sheet
Federal Typesetting Request Form and Accounting Information
[FR Doc. 2010-14907 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P