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Notice

Clean Water Act: Maryland-City of Annapolis and Anne Arundel County Vessel Sewage No-Discharge Zone for Thirteen Waters-Tentative Affirmative Determination

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

Start Printed Page 59789

ACTION:

Notice of tentative affirmative determination.

SUMMARY:

Notice is hereby given that an application for a no-discharge zone has been received from the Secretary of Natural Resources and Secretary of the Environment on behalf of the State of Maryland requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency (EPA), Region 3, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for thirteen waters located in the City of Annapolis and Anne Arundel County, Maryland, pursuant to the Clean Water Act. The EPA is requesting comments on this application and whether EPA should finalize its tentative affirmative determination, or make a negative determination, on the proposed designation of a no-discharge zone for all and/or any of the thirteen waters located in the City of Annapolis and Anne Arundel County as provided in the Clean Water Act. The application is available upon request from EPA (at the email address below) or at https://dnr.maryland.gov/​boating/​Documents/​AANDZApplication.pdf.

DATES:

Comments must be received in writing to EPA on or before October 23, 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. Only written comments will be considered.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Matthew A. Konfirst, U.S. Environmental Protection Agency -Region III. Telephone: (215) 814-5801, Fax number: (215) 814-5007; email address: konfirst.matthew@epa.gov.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

This proposed sewage no-discharge zone includes 13 water bodies wholly within Anne Arundel County (Stoney Creek, Rock Creek, Bodkin Creek, the Atlantic Marina Resort, Magothy and Little Magothy Rivers, Severn River, South River, West and Rhode Rivers, Podickory Creek, Sandy Point/Mezick Ponds, Whitehall Bay, Oyster Cove and Fishing Creek). While these waterbodies constitute nearly all of the county's waters, a few water bodies have been excluded. The exclusions include two inter-jurisdictional rivers that border the county (the Patapsco River and Patuxent River), as well as Curtis Creek, which creates additional inter-jurisdictional complications for no-discharge zone management and is also the most heavily industrialized creek in the county with limited recreational boating activity. Maryland's proposed NDZ for the 13 water bodies if approved would total 27,379 acres, which would add to the 3,500 acres of the Herring Bay no-discharge zone that was approved in 2002. (67 FR 1352, January 10, 2002). Maryland has requested that should EPA determine that one (or more) of the 13 creeks, bays, or rivers do not meet the criteria for NDZ designation, such individual part be denied independently from the remaining waters in the application as a whole. As described in Maryland's application, local entities undertook robust public outreach and held a number of public meetings with boaters and other stakeholders.

WaterbodyWaterbody limitsArea (acres)
Stony Creek39.1723° N, 76.5171° Wto39.1725° N, 76.5126° W677
Rock Creek39.1614° N, 76.5004° Wto39.1625° N, 76.4862° W524
South Shore, Patapsco River39.1472° N, 76.4588° Wto39.1471° N, 76.4587° W2
Bodkin Creek39.1346 ° N, 76.4398° Wto39.1321° N, 76.4378° W609
Magothy and Little Magothy Rivers39.0597° N, 76.4332° Wto39.0527° N, 76.4382° W5,879
Podickory Creek39.0328° N, 76.4040° Wto39.0317° N, 76.4048° W9
Sandy Point/Mezick Ponds39.0082° N, 76.4031° Wto39.0081° N, 76.4033° W47
Whitehall Bay39.9748° N, 76.4547° Wto38.9871° N, 76.4268° W1,599
Severn River39.9748° W, 76.4547° Nto39.9411° N, 76.4502° W7,497
Oyster Creek38.9273° N, 76.4628° Wto38.9272° N, 76.4623° W34
Fishing Creek38.9147° N, 76.4590° Wto38.9073° N, 76.4600° W228
South River38.9073° N, 76.4600° Wto38.4848° N, 76.4908° W5,904
West and Rhode Rivers38.4848° N, 76.4908° Wto38.8531° N, 76.4959° W4,370
Total Area27,379

The criteria for EPA to make its determination are based on Clean Water Act 312(f), 33 U.S.C. 1322(f), 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 section 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 by the state that the waters described in the application require greater environmental protection; and (2) demonstration by the state that there are adequate vessel sewage pumpout facilities available to the boating public, in lieu of direct discharge of treated sewage into the waters described in the application.

In the application, Maryland certified that the waters of the City of Annapolis and Anne Arundel County require greater environmental protection than provided by currently applicable Federal regulations. All Anne Arundel County tributaries drain into the Chesapeake Bay. The Magothy River, White Hall Bay/Meredith River, Severn River, South River, Rhode River and West River have been listed on current or previous Clean Water Act 303(d) lists of impaired waters by Maryland as impaired for shellfish harvesting due to fecal coliform. As such, many shellfish beds are restricted or closed. All except White Hall Bay/Meredith Creek are also impaired for nutrients (nitrogen and phosphorus) and all except the White Hall Bay/Meredith Creek and West River for total suspended solids (TSS). While marine sanitation devices lower fecal coliform levels, they do not effectively eliminate nutrients or solids. A no-discharge zone is expected to help reduce levels of nutrients, total suspended solids, and fecal coliform within these impaired waters.

Anne Arundel County, Maryland, supports a long history of boating, highlighted by the establishment in 1845 of the U.S. Naval Academy in the Start Printed Page 59790county seat and state capital, Annapolis, along with active centers of boat-building, fishing, crabbing, and oystering from the earliest settlements into the 1980s. In recent decades, commercial vessels have largely given way to so much recreational boating that Annapolis is well known as “The Nation's Sailing Capital.” The U.S. Sailboat and Powerboat Shows, held annually in Annapolis each October since 1970, are the largest in-the-water boat shows in the United States. The 2017 Portbook lists 96 recreational boating businesses in Anne Arundel County; and identifies several more that support and depend on recreational crabbing and fishing.

Maryland provided documentation indicating that the maximum total vessel population is estimated to be 29,789 vessels, the majority of which are recreational. The most conservative vessel population estimates provided by Maryland suggest that there are 7,182 vessels less than 16 feet in length, 10,307 vessels between 16 feet and 26 feet in length, 9,072 vessels between 26 feet and 40 feet in length, and 3,228 vessels greater than 40 feet in length. Commercial traffic on these waterways is limited to boat rental companies, public charter boats and several small cruise ships. Based on the number and size of vessels and EPA guidance, the estimated number of vessels requiring pumpout facilities in the City of Annapolis and Anne Arundel County during peak occupancy is 2,924 vessels.

Based on the boater population in the City of Annapolis and Anne Arundel County, EPA guidance recommends that 46 pumpout facilities are needed to adequately service the vessel population. Maryland certified that there are 63 marinas offering public pumpout service, including 60 stationary units, nine portable units and three mobile pumpout boats. A list of the facilities, phone numbers, locations and hours of operation follows.

StationLocationPhoneHoursDepthOff season operationLimited overheadAddress
AREA: PATAPSCO RIVER (11):
Atlantic Marina ResortPatapsco River (mouth)410-437-69269-5 Daily4′NoNA2010 Knollview Ave, Pasadena, MD 21122.
Blake's Bar HarborPatapsco River Rock Creek410-255-55008-6 Daily4′NoNA208 Bar Harbor Rd, Pasadena, MD 21122.
Fairview MarinaPatapsco River Rock Creek410-437-3400Mon-Fri 8-4; Sat-Sun 8-35′NoNA1575 Fairview Beach Rd, Pasadena, MD 21122.
Hammock Island MarinaPatapsco River Bodkin Creek410-437-187010-4 daily7′NoNA8083 Ventnor Rd, Pasadena, MD 21122.
Maryland Yacht ClubPatapsco River Rock Creek410-255-44448-4 daily17′YesNA1500 Fairview Beach Rd, Pasadena, MD 21122.
Nabbs Creek MarinaPatapsco River Stoney Creek410-437-04028:30-5 daily6′NoYes864 Nabbs Creek Rd, Glen Burnie, MD 21060.
Oak Harbor MarinaPatapsco River Rock Creek410-255-407024-715′NoNA1343 Old Water Oak Point Rd, Pasadena, MD 21122.
Pasadena Yacht YardPatapsco River Rock Creek410-255-17719-5 daily4′NoNA8631 Fort Smallwood Road Pasadena, MD 21122.
Pleasure Cove MarinaPatapsco River Bodkin Creek410-437-6600Mon-Thur 9-6; Fri-Sun 9-88′YesNA1701 Poplar Ridge Rd, Pasadena, MD 21122.
Ventnor MarinaPatapsco River Bodkin Creek410-255-41009-5 daily10′YesNA8070 Ventnor Rd, Pasadena, MD 21122.
White Rocks Marina & BoatyardPatapsco River Rock Creek410-255-3800Mon-Fri 9-3; Sat 11-214′NoNA1402 Colony Rd, Pasadena, MD 21122.
AREA: MAGOTHY RIVER (7):
Atlantic Marina on the MagothyMagothy River/Grays Creek410-360-25009-5 daily6′NoNA487 New York Ave, Pasadena, MD 21122.
Fairwinds MarinaMagothy Marina410-974-07588-5 daily6′NoNA1000 Fairwinds Dr, Annapolis, MD 21409.
Ferry Point MarinaMagothy River/Mill Creek410-544-63687am-8pm daily14′YesNA1606 Marina Dr, Trappe, MD 21673.
Hamilton Harbour MarinaMagothy River410-647-0733Thurs-Tues 9-512′NoNA368 North Dr, Severna Park, MD 21146.
Hinckley YachtsWhitehall Creek443-951-4380M-F 8-9; S/S by appt.11′YesNA1656 Homewood Landing Road, Annapolis, MD 21409.
Magothy MarinaMagothy River410-647-2356Mon-Thur 8-6, Fri-Sun 8-816′NoNA360 Magothy Rd, Severna Park, MD 21146.
Start Printed Page 59791
Podickory Point Yacht ClubChesapeake Bay410-757-80009-5 daily5′NoNA2116 Bay Front Terrace, Annapolis, MD 21409.
Sandy Point State ParkChesapeake Bay410-974-214924-76′NoNA1100 E College Pkwy, Annapolis, MD 21409.
AREA: SEVERN RIVER (17):
Annapolis City MarinaSevern River Spa Creek410-268-06608-8 daily14′Upon RequestNA410 Severn Ave, Annapolis, MD 21403.
Annapolis Landing MarinaSevern River Back Creek410-263-009010-5 daily6′NoNA980 Awald Rd, Annapolis, MD 21403.
Annapolis Maryland Capital Yacht ClubSevern River Back Creek410-269-52199-5 daily8′NoNA16 Chesapeake Landing, Annapolis, MD 21403.
Bert Jabin's Yacht YardSevern River Back Creek410-268-96678-4:30 daily8′NoNA7310 Edgewood Rd, Annapolis, MD 21403.
Chesapeake Harbour MarinaChesapeake Bay410-268-19699-5 daily8′NoNA2030 Chesapeake Harbour Dr E, Annapolis, MD 21403.
City of Annapolis Pumpout BoatSevern River Spa Creek410-320-6852Mon-Sat 8-4:30nanaNAna.
Eastport Yacht CenterSevern River Back Creek410-280-99888-4 daily8′NoNA726 2nd St, Annapolis, MD 21403.
Horn Point Harbour MarinaSevern River Back Creek410-263-05509-5 daily8′NoNA105 Eastern Ave, Annapolis, MD 21403.
JPort MarinaSevern River Back Creek410-280-86929-5 daily9′NoNA7074 Bembe Beach Rd, Annapolis, MD 21403.
Little John MarinaSevern River Brewer Creek410-841-64919-5 daily15′NoNA134 Sherwood Forest Road, Sherwood Forest, MD 21405.
Mears MarinaSevern River Back Creek410-268-828224-710′NoNA519 Chester Ave, Annapolis, MD 21403.
Pines on the SevernSevern River/Chase Creek410-370-294824-710′NoNA21012, Arnold, MD 21012.
Port Annapolis MarinaSevern River Back Creek410-269-19908-4:30 daily10′YesNA7074 Bembe Beach Rd, Annapolis, MD 21403.
Smith's MarinaSevern River Little Round Bay410-923-34448-8 daily7′NoYes529 Ridgley Rd, Crownsville, MD 21032.
The President PointSevern River Spa Creek410-991-93817-7 daily5′NoNA
Watergate Pointe MarinaSevern River/Back Creek443-926-130324-77′NoNA655 Americana Dr, Annapolis, MD 21403.
Yacht Haven of AnnapolisSevern River Spa Creek410-267-7654Mon-Fri 7:30-4:3011′NoNA326 First St, Annapolis, MD 21403.
AREA: SOUTH RIVER (13):
Anchor Yacht BasinSouth River Selby Bay410-798-14318-5 daily5′NoNA1048 Turkey Point Rd, Edgewater, MD 21037.
Arundel on the BaySouth River/Fishing Creek443-253-0596dawn to dusk4-6′YesNAP.O. Box 4665, Annapolis.
Fishing CreekSouth River Duvall Creek24-77′NoNA122 Cherry Lane, Annapolis 21403.
Holiday Point MarinaSouth River Selby Bay410-956-2208Mon-Fri 7:30-4; Sat by appointment6′YesNA3774 Beach Dr Blvd # C, Edgewater, MD 21037.
Liberty MarinaSouth River410-266-56338-4:30 daily15′YesYes64 Old South River Rd, Edgewater, MD 21037.
Mayo Ridge MarinaSouth River Ramsey Lake410-798-19529-7 daily5′YesNA1293 Mayo Ridge Rd, Edgewater, MD 21037.
Norris MarinaSouth River Ramsey Lake410-798-02758-4 daily8′NoYes1111 Turkey Point Rd, Edgewater, MD 21037.
Oak Grove Marine CenterSouth River410-266-6696Mon-Fri 10-6; Sat-Sun 8-79′NoNA2820 Solomons Island Rd, Edgewater, MD 21037.
Start Printed Page 59792
Oyster HarborSouth River/Oyster Creek410-280-899924-76′NoNAP.O. Box 3174, Annapolis.
Pier 7 MarinaSouth River410-956-22889-5 daily12′NoYes48 S River Road South, Edgewater, MD 21037.
Pocahontas MarinaSouth River/Pocahontas Creek410-533-875224-710′YesNA3365 Pocahontas Drive Edgewater, MD 21037.
Selby Bay MarinaSouth River Selby Bay410-798-02329-5 daily8′YesNA931 Selby Blvd, Edgewater, MD 21037.
Turkey Point MarinaSouth River Ramsey Lake410-798-1369Tues-Sat 9-54′NoNo1107 Turkey Point Rd, Edgewater, MD 21037.
AREA: RHODE RIVER (5):
Blue Water MarinaRhode River, Bear Neck Creek410-798-696810-5 daily10′NoNA1024 Carrs Wharf Rd, Edgewater, MD 21037.
Cadle Creek MarinaRhode River Cadle Creek410-798-19159-5 daily6′NoNA4159 Cadle Creek Rd, Edgewater, MD 21037.
Casa Rio MarinaRhode River Cadle Creek410-798-4731Mon-Fri 8-45′YesNA4079 Cadle Creek Rd, Mayo, MD 21106.
Rhode River MarinaRhode River Back Neck Creek410-798-16588-5 daily9′NoNA3932 Germantown Rd, Edgewater, MD 21037.
West/Rhode Riverkeeper Pumpout BoatRhode River443-221-5104 or VHF channel 71Fri-Mon 8-6NoNA4800 Atwell Road, Edgewater, MD 21037.
AREA: WEST RIVER (7):
Backyard BoatsWest River/Parrish Creek301-261-51158-4 daily10′YesNA4819 Woods Wharf Rd Shady Side, MD 20764.
Chesapeake Yacht ClubWest River410-867-1500Wed-Mon 9-48′NoNA4943 Hine Dr, Shady Side, MD 20764.
Hartge Yacht HarborWest River443-607-6306Mon-Fri 8-5; Sat & Sun 9-510′NoNA4883 Church Ln, Galesville, MD 20765.
Shady Oaks MarinaWest River410-267-18088-8 daily5′NoNA846 Shady Oaks Rd, West River, MD 20778.
West/Rhode River Keeper Pump outWest River443-221-5104 or VHF channel 71Fri-Mon 8-6NoNA4800 Atwell Road, Edgewater, MD 21037.
West River Fuel DockWest River410-867-1444M-Th 9-5 S/S 8-6 Fri 9-68′NoNA4801 Riverside Dr. Galesville, MD 20765.
West River Yacht Harbor CondoWest River301-672-34738-6 daily7′YesNA4801 Riverside Dr, Galesville, MD 20765.
AREA: WHITEHALL BAY (1):
John L. Dunning Memorial PierMill Creek/Mill Creek Cove410-293-92029-5 Mon-Sun12′YesNA140 Hooper High Rd. Annapolis, MD 21403.

The use of these facilities imposes minimal cost. As shown in the table below, pumpout facilities located within the proposed no-discharge zone charge fees that range from $3.00 to $50.00, with 55 of 63 available facilities charging $5.00 or less, including 15 facilities that are free to use. According to Maryland's application, the majority of commercial vessels operating in the proposed no-discharge zone are already equipped with holding tank capacity and therefore are not expected to experience incremental cost increases associated with a designation.

FeeNumber of pumpout facilitiesProportion of pumpout facilities (%)
Free1524
$311.5
$53962
$1058
$1523
Start Printed Page 59793
$5011.5
Total63100

Based on the information above, 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 all thirteen waters located in the City of Annapolis and Anne Arundel County.

Start Signature

Dated: September 17, 2020.

Cosmo Servidio,

Regional Administrator, EPA Region III.

End Signature End Supplemental Information

[FR Doc. 2020-20957 Filed 9-22-20; 8:45 am]

BILLING CODE 6560-50-P