[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]


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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.

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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 
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.

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 http://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

[[Page 68446]]

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


