18548 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 

Dated: March 28, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–7778 Filed 4–1–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9289–4] 

Clean Water Act Section 303(d): Final 

Agency Action on Three Total 

Maximum Daily Loads (TMDLs) in 

Louisiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: This notice announces final 

agency action on three TMDLs prepared 

by EPA Region 6 for waters listed in 

Louisiana’s Mississippi River Basin, 

under Section 303(d) of the Clean Water 

Act (CWA). Documents from the 

administrative record file for the three 

TMDLs, including TMDL calculations 

and responses to comments, may be 

viewed at http://www.epa.gov/region6/ 

water/npdes/tmdl/index.htm. The 

administrative record file may be 

examined by calling or writing Ms. 

Diane Smith at the address below. 

Please contact Ms. Smith to schedule an 

inspection. 

FOR FURTHER INFORMATION CONTACT: 

Diane Smith, Environmental Protection 

Specialist, Water Quality Protection 

Division, U.S. EPA Region 6, 1445 Ross 

Avenue, Dallas, TX 75202–2733, (214) 

665–2145. 

SUPPLEMENTARY INFORMATION: In 1996, 

two Louisiana environmental groups, 

the Sierra Club and Louisiana 

Environmental Action Network 

(plaintiffs), filed a lawsuit in Federal 

Court against the EPA, styled Sierra 

Club, et al. v. Clifford et al., No. 96– 

0527, (E.D. La.). Among other claims, 

plaintiffs alleged that EPA failed to 

establish Louisiana TMDLs in a timely 

manner. EPA established three of these 

TMDLs pursuant to a consent decree 

entered in this lawsuit. 

EPA Takes Final Agency Action on 

Three TMDLs 

By this notice EPA is taking final 

agency action on the following three 

TMDLs on waters located within the 

Louisiana Mississippi River Basin: 

Subsegment Waterbody name Pollutant 

070401 .............. Mississippi River Passes (estuarine) ....................................................................................................... Fecal Coliform. 

070502 .............. Thompson Creek ..................................................................................................................................... Fecal Coliform. 

070503 .............. Capitol Lake ............................................................................................................................................. Fecal Coliform. 

EPA requested the public provide to 

EPA any significant water quality 

related data or information that might 

impact the three TMDLs in the Federal 

Register Notice: volume 75, number 37, 

page 8698 (February 25, 2010). The 

comments which were received, EPA’s 

response to comments, as well as the 

TMDLs may be found at http:// 

www.epa.gov/region6/water/npdes/ 

tmdl/index.htm. 

Dated: March 28, 2011. 

Miguel I. Flores, 

Director, Water Quality Protection Division, 

EPA Region 6. 

[FR Doc. 2011–7906 Filed 4–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9289–5] 

North Carolina Waters Along the Entire 

Length of Brunswick and Pender 

Counties and the Lower Portion of the 

Cape Fear River in Brunswick and New 

Hanover Counties; No Discharge Zone 

Determination 

On June 21, 2010, the Environmental 

Protection Agency (EPA), Region 4, 

published a proposal in concurrence 

with 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 and a portion 

of the Cape Fear River, 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 originally proposed geographic 

description including latitudes and 

longitudes were as follows: 

Northern Border of Pender County 

with Onslow County (34° 27′23.9′′ N 77° 

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° 15′36.61′′ N 

77° 58′56.03′′ W), Brunswick River, and 

Northeast Cape Fear River (up to Ness 

Creek 34° 17′7.10′′ N 77° 57′17.70′′ W), 

to the intersection of the Western tip of 

Brunswick County and South Carolina, 

3 nm into the Atlantic Ocean (33° 

48′32.903′′ N 78° 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° 24′30.972′′ N 78° 28′18.903′′ W) to 

the Pender/Onslow County Line. 

Three comment letters opposing this 

designation were received. These letters 

were from Cruise Lines International 

Association, Moran of Wilmington 

(Division of Moran Towing 

Corporation), and McAllister Towing 

and Transportation Company. The 

reason for the opposition is that there 

are not adequate and reasonably 

available pumpout facilities available 

for these commercial vessels which 

have deeper drafts than most 

recreational vessels. These are valid 

concerns. The State explored the 

comments and options, and confirmed 

that pumpout facilities are not available 

in the upper Cape Fear River 

specifically for the tugboats that operate 

in those waters and hereby amend the 

proposal to remove the Cape Fear River, 

above the waterway known as Snow’s 

Cut, from the NDZ area. The lower Cape 

Fear River is still proposed for NDZ. 

The inland limit of the NDZ in the Cape 

Fear River will be the waterway known 

as Snow’s Cut (A line drawn across the 

Cape Fear River at Snows Cut on the 

Cape Fear River at Snows Cut on the 

Cape Fear River from 34°3′5.8962′′ N; 

77°55′4.8966′′ W to 34°3′4.5216′′ N 

77°56′37.086′′ W). 

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 


Emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Notices 18549 

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: 

Marinas Within the Proposed NDZ 

(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) Wrightsville Beach Marina/Trans 

Dock, 910–256–6666, 8 a.m.–7:30 p.m. 

Monday–Friday, 13′–18′ draft at mean 

low tide. 

(10) Seapath Yacht Club, 910–256– 

3747, 7 a.m.–7 p.m., 10′–12′ draft at 

mean low tide. 

(11) Harbour Village Marina, 910– 

270–2994, 7 a.m.–4 p.m., 10′ draft at 

mean low tide. 

(12) Beach House Marina, 910–328– 

2628, 8 a.m.–6 p.m., 7.5′ draft at mean 

low tide. 

Marinas Outside of the Proposed 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. 

Marinas Outside of the Proposed NDZ, 

but Within 7 nm 

(1) Watermark Marina of Wilmington, 

910–794–5259, 10 a.m.–6 p.m. Monday– 

Saturday, 7′ draft at mean low tide. 

(2) Wilmington Marine Center, 910– 

395–5055, 8 a.m.–5 p.m. Seasonal, 7′ 

draft at mean low tide. 

Marinas Outside of the Proposed NDZ, 

but Within 12 nm 

(1) Cape Fear Marina, 910–772–9277, 

8 a.m.–5 p.m. Monday–Friday 

Weekends by appointment only, 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 4,428. There 

are 12 marinas within this area, and this 

yields a ratio of about 369 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 waste treatment systems, 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. 

Based on the examination of this 

petition, its supporting documentation, 

and public response, EPA concurs with 

the State of North Carolina’s 

determination that adequate and 

reasonably available facilities for the 

safe and sanitary removal and treatment 

of sewage from all vessels are present in 

the described area going from the South 

Carolina/North Carolina State line to the 

northern boundary of the Pender County 

line in North Carolina, with the inland 

limit of the NDZ in the Cape Fear River 

being the waterway known as Snow’s 

Cut (Snow’s Cut entrance to Cape Fear 

River located from 34°3′5.8962′′ N; 

77°55′4.8966′′ W to 34°3′4.5216′′ N 

77°56′37.086′′ W), and 3 nm out into the 

Atlantic Ocean, and therefore this area 

is designated as a NDZ. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–7902 Filed 4–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9289–3] 

Casmalia Disposal Site; Notice of 

Proposed CERCLA Administrative De 

Minimis Settlement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (CERCLA) and section 7003 of 

the Resource Conservation and 

Recovery Act (RCRA), EPA is hereby 

providing notice of a proposed 

administrative de minimis settlement 

concerning the Casmalia Disposal Site 

in Santa Barbara County, California (the 

Casmalia Disposal Site). Section 122(g) 

of CERCLA provides EPA with the 

authority to enter into administrative de 

minimis settlements. This settlement is 

intended to resolve the liabilities of 49 

settling parties for the Casmalia 

Disposal Site under sections 106 and 

107 of CERCLA and section 7003 of 

RCRA. These parties are identified 

below. These parties have also elected 

to resolve their liability for response 

costs and potential natural resource 


Emcdonald on DSK2BSOYB1PROD with NOTICES