42070 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 

received by EPA by October 19, 2009. 

EPA intends to submit comments from 

the public received by this date for 

consideration by the external peer 

review panel. 

ADDRESSES: The draft ‘‘Toxicological 

Review of Ethyl Tertiary Butyl Ether: In 

Support of Summary Information on the 

Integrated Risk Information System 

(IRIS)’’ is available via the Internet on 

the National Center for Environmental 

Assessment (NCEA’s) home page under 

the Recent Additions and the Data and 

Publications menus at http:// 

www.epa.gov/ncea. A limited number of 

paper copies are available from NCEA’s 

Technical Information Staff, telephone: 

703–347–8561; facsimile: 703–347– 

8691. If you are requesting a paper copy, 

please provide your name, mailing 

address, and the document title, 

‘‘Toxicological Review of Ethyl Tertiary 

Butyl Ether: In Support of Summary 

Information on the Integrated Risk 

Information System (IRIS).’’ 

Comments may be submitted 

electronically via http:// 

www.regulations.gov, by mail, by 

facsimile, or by hand delivery/courier. 

Please follow the detailed instructions 

as provided in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: For 

information on the public comment 

period, contact the Office of 

Environmental Information Docket; 

telephone: 202–566–1752; facsimile: 

202–566–1753; or e-mail: 

ORD.Docket@epa.gov. 

If you have questions about the 

document, contact Andrew A. Rooney, 

IRIS Staff, National Center for 

Environmental Assessment, U.S. EPA, 

109 T.W. Alexander Drive, B243–01, 

Durham, NC 27711; telephone: 919– 

541–1492; facsimile: 919–541–0245; or 

e-mail: rooney.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Information About the 

Integrated Risk Information System 

(IRIS) 

IRIS is a database that contains 

potential adverse human health effects 

information that may result from 

chronic (or lifetime) exposure to specific 

chemical substances found in the 

environment. The database (available on 

the Internet at http://www.epa.gov/iris) 

contains qualitative and quantitative 

health effects information for more than 

540 chemical substances that may be 

used to support the first two steps 

(hazard identification and doseresponse evaluation) of a risk 

assessment process. When supported by 

available data, the database provides 

oral reference doses (RfDs) and 

inhalation reference concentrations 

(RfCs) for chronic health effects, and 

oral slope factors and inhalation unit 

risks for carcinogenic effects. Combined 

with specific exposure information, 

government and private entities can use 

IRIS data to help characterize public 

health risks of chemical substances in a 

site-specific situation and thereby 

support risk management decisions 

designed to protect public health. 

II. How To Submit Technical Comments 

to the Docket at http:// 

www.regulations.gov 

Submit your comments, identified by 

Docket ID No. EPA–HQ–ORD–2009– 

0229 by one of the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: ORD.Docket@epa.gov. 

• Fax: 202–566–1753. 

• Mail: Office of Environmental 

Information (OEI) Docket (Mail Code: 

2822T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. The phone 

number is 202–566–1752. 

• Hand Delivery: The OEI Docket is 

located in the EPA Headquarters Docket 

Center, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center’s Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is 202–566–1744. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

If you provide comments by mail or 

hand delivery, please submit one 

unbound original with pages numbered 

consecutively, and three copies of the 

comments. For attachments, provide an 

index, number pages consecutively with 

the comments, and submit an unbound 

original and three copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2008– 

0229. Please ensure that your comments 

are submitted within the specified 

comment period. Comments received 

after the closing date will be marked 

‘‘late,’’ and may only be considered if 

time permits. It is EPA’s policy to 

include all comments it receives in the 

public docket without change and to 

make the comments available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless a comment includes information 

claimed to be confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the OEI Docket in the EPA Headquarters 

Docket Center. 

Dated: May 26, 2009. 

Rebecca Clark, 

Director, National Center for Environmental 

Assessment. 

[FR Doc. E9–20044 Filed 8–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8946–5] 

Virginia Commonwealth Prohibition on 

Discharges of Vessel Sewage; Final 

Affirmative Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final determination. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 42071 

SUMMARY: Notice is hereby given that 

the Regional Administrator, EPA Region 

III has affirmatively determined, 

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 Broad Creek, Jackson 

Creek and Fishing Bay Watersheds in 

Middlesex County, VA. Virginia will 

completely prohibit the discharge of 

sewage, whether treated or not, from 

any vessel in Broad Creek, Jackson 

Creek and Fishing Bay Watersheds. 

FOR FURTHER INFORMATION CONTACT: 

Michael D. Hoffmann, EPA Region III, 

Office of State and Watershed 

Partnerships, 1650 Arch Street, 

Philadelphia, PA 19103. Telephone: 

(215) 814–2716. Fax: (215) 814–2301. 

E-mail: hoffmann.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: An 

application was made by the Virginia 

Secretary of Natural Resources on behalf 

of the Commonwealth of Virginia 

Department of Environmental Quality 

(VDEQ) to EPA Region III to approve a 

no discharge zone for the Broad Creek, 

Jackson Creek and Fishing Bay 

Watersheds. Upon publication of this 

final affirmative determination, VDEQ 

will completely prohibit the discharge 

of sewage, whether treated or not, from 

any vessel in Broad Creek, Jackson 

Creek and Fishing Bay watersheds in 

accordance with section 312(f)(3) of the 

Clean Water Act and 40 CFR 140.4(a). 

Notice of the Receipt of Application and 

Tentative Determination was published 

in the Federal Register on Thursday 

June 4, 2009 (74 FR 26858, June 4, 

2009). Comments on the tentative 

determination were accepted during the 

30-day comment period which closed 

on July 6, 2009. No comment letters 

were received during the 30-day 

comment period. The remainder of this 

Notice summarizes the location of the 

no discharge zone, the available 

pumpout facilities and related 

information. 

Broad Creek, Jackson Creek and 

Fishing Bay Watersheds 

The Broad Creek, Jackson Creek and 

Fishing Bay Watersheds are located in 

the easternmost part of Middlesex 

County (i.e., Deltaville), Virginia. The 

Broad Creek discharges north to the 

Rappahannock River near its confluence 

to the Chesapeake Bay. Jackson Creek 

discharges east into the mouth of the 

Piankatank River, and Fishing Bay 

discharges directly south to the 

Piankatank River, which discharges to 

the east to the Chesapeake Bay. These 

watersheds, including Porpoise Cove 

and Moore Creek, encompass an area of 

land and water of approximately 3.4 

square miles with nearly 18 miles of 

shoreline. All these water bodies are 

oligohaline and subject to the action of 

tides. The majority of the waters outside 

the bays are shallow with maintained 

channel depths of six (6) to ten (10) feet, 

although some of the areas may not 

exceed four (4) feet in depth. 

Many people enjoy the Broad Creek, 

Jackson Creek and Fishing Bay 

Watersheds for a variety of activities, 

including boating, fishing, crabbing, 

water skiing, and swimming. The 

shoreline surrounding these three 

watersheds includes 1,583 housing 

units (824 year round), public access 

areas, thirty two (32) marinas, boat 

launch facilities, and waterside 

restaurants. Both recreational and 

commercial large and small boats, 

personal watercraft, canoes, kayaks, 

water skiers, and swimmers enjoy these 

rivers for their recreational benefits. The 

full time resident population of 1,716 

people (increasing to several thousand 

during the summer months) use these 

adjacent areas for boating, fishing, and 

commercial shellfish cultivation and 

harvesting. 

Broad Creek, Jackson Creek and 

Fishing Bay host threatened, 

endangered and rare species of plants 

and animals, including more than forty 

(40) water dependent species. The 

waters of both the Rappahannock and 

Piankatank Rivers and their tributaries 

are historically known to accommodate 

migrating populations of more than ten 

(10) anadromous fish species. Marine 

mammals, sea turtles, and waterfowl are 

also dependent on the environmental 

quality of these three watersheds and 

surrounding areas. 

The waters of the Broad and Jackson 

Creeks have been under varying levels 

of shellfish condemnation for more than 

twenty (20) years. The 2006 Virginia 

Water Quality Assessment listed Broad, 

Jackson and Moore Creeks, Fishing Bay 

and Porpoise Cove as requiring total 

maximum daily loads’ determinations 

(TMDLs) for dissolved oxygen, aquatic 

plants and bacteriological impairments 

from fecal coliform and enterococci 

bacteria. In 2005, EPA Region III and the 

Virginia State Water Control Board 

(SWCB) approved a TMDL for the 

shellfish harvest use impairments on 

Broad and Jackson Creeks and the lower 

Piankatank River. Establishing a No 

Discharge Zone is one of the 

Commonwealth’s strategies in 

improving overall water quality in the 

lower Chesapeake Bay, and these 

identified reaches of the Rappahannock 

and Piankatank Rivers. The small 

tributaries to the Rappahannock and 

Piankatank Rivers noted within the 

areas to be designated are exceptional 

state resources in need of greater water 

quality protection than the current 

applicable Federal standards afford due 

to their high utilization by recreational 

vessels, significant shell- and finfish 

resources, and direct public contact 

with the affected waters. 

For the purposes of this application 

A. The proposed Broad Creek 

Watershed No Discharge Zone is 

defined as all contiguous waters south 

of the line formed between the points 

formed by Latitude 37°33′46.3′′ N and 

Longitude –76°18′45.9′′ W and north to 

Latitude 37°33′47.4′′ N and Longitude 

–76°19′24.7′′ W. 

B. The proposed Jackson Creek 

Watershed No Discharge Zone is 

defined as all contiguous waters west of 

the line formed between the points 

formed by Latitude 37°32′40′′ N and 

Longitude –76°19′40.6′′ W at Stove Point 

Neck and Latitude 37°32′46.8′′ N and 

Longitude –76°19′15.6′′ W at the 

western point of the entrance to the 

eastern prong of Jackson Creek. 

C. The proposed Fishing Bay No 

Discharge Zone is defined as all 

contiguous waters north of the line 

formed between the points formed by 

Latitude 37°32′01.9′′ N and Longitude 

–76°21′43.5′′ W at the southernmost tip 

of Bland Point and Latitude 37°31′29.4′′ 

N and Longitude –76°19′53.6′′ W at the 

southernmost tip of Stove Point. This 

area includes all of Fishing Bay, and 

encompasses Moore Creek and Porpoise 

Cove. 

The Commonwealth of Virginia 

Department of Health (VDH) ensures 

that proper sanitary facilities are 

present. There are eighteen (18) marinas 

in Broad Creek, of which are nine (9) 

waterfront marinas operating ten (10) 

sanitary pumpouts. The remaining nine 

Broad Creek marinas have no pumpouts 

but seven (7) offer sanitary restroom 

facilities. In Jackson Creek, five (5) 

marinas operate six (6) sanitary sewage 

pumpouts and dump station facilities. 

The remaining four (4) Jackson Creek 

marinas have no pumpouts but three (3) 

have sanitary restroom facilities. Within 

Fishing Bay, there are two (2) sewage 

pumpout stations and one (1) under 

construction in Porpoise Cove. All of 

these facilities also provide dump 

stations, restrooms, and informational 

signage. Costs for pumpouts can vary 

from no charge to less than $15.00 

Further details: 

Broad Creek 

Walden Brothers Marina (Deltaville, 

VA), on the west side of Broad Creek, 


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42072 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 

operates a dump station, a sewage 

holding tank and restrooms. The clearlyidentified pumpout is accessible to all 

boaters. The marina has 63 seasonal 

slips, 6 transient slips and 15 dry 

storage areas with dump station, 

restrooms, fuel, potable water, 

electricity, solid waste containers and 

repair facilities. The facility operates 

daily 8 a.m. to 5 p.m., 12 months/year. 

Bay Marine (Deltaville, VA) is 

adjacent to Walden Brothers. It operates 

a sewage pumpout, a dump station and 

public restrooms. This facility operates 

a Class II package wastewater treatment 

unit with a 5,000 gallon holding tank. 

This facility has sixty (60) seasonal 

slips, many of which are occupied with 

houseboats. Dump station, restrooms, 

fuel, potable water, electricity, solid 

waste containers are on site. Operations 

are 8 a.m. to 4:30 p.m. daily, 12 months/ 

year. 

Norton’s Marina (Deltaville, VA) is 

upstream of Bay Marine. It operates an 

accessible, clearly posted holding tank 

pumpout facility, with 42 seasonal slips. 

Restrooms, fuel, potable water, 

electricity, solid waste containers and 

repair facilities are available. Operations 

are on request, 7 days/week and 12 

months/year. 

Timberneck Marina (Deltaville, VA) is 

adjacent to Norton’s Marina. There are 

35 seasonal slips accessible to fuel, 

potable water, electricity, solid waste 

containers and repair facilities. The 

posted pumpout station is at the 

terminus of its dock at Broad Creek. 

Operations are 8 a.m. to 4:30 p.m., six 

(6) days/week all year. 

Broad Creek Marina (Deltaville, VA) 

has 20 seasonal slips with a posted 

holding tank pumpout unit, a dump 

station, restrooms, fuel, potable water, 

electricity, solid waste containers. 

Operations are 8 a.m. to 5 p.m., seven 

days/week from May through 

November. 

Walter’s Marina (Deltaville, VA), 

adjacent to Broad Creek Marina, is 

managed as a bed/breakfast serving 12 

(max) vessels. It offers a dump station, 

restrooms, potable water, electricity, 

and solid waste containers. Operations 

are on demand. 

Chesapeake Cove Marina (Deltaville, 

VA) is further upstream on Broad Creek 

with 37 seasonal slips and a dump 

station, restrooms, fuel, potable water, 

electricity, solid waste containers and 

repair facilities. There is a posted 

holding tank pumpout facility. 

Operations are 8 a.m. to 5 p.m., 7 days/ 

week, April though December. 

J&M Marine (Deltaville, VA) is on the 

south shore of Broad Creek western 

branch adjacent to Chesapeake Cove and 

Coastal Marinas. There are 50 seasonal 

and 17 dry storage slips, with a boat 

ramp, restrooms, potable water, 

electricity, solid waste containers and 

repair facilities. Hours of operation were 

not listed. 

Coastal Marine (Deltaville, VA) is on 

the south shore of the western branch of 

Broad Creek, adjacent to J&M and 

Deltaville Yachting Center. It offers 12 

seasonal slips and potable water, 

electricity, solid waste containers and 

repair facilities. Hours of operation were 

not listed. 

Deltaville Yachting Center (Deltaville, 

VA) is adjacent to Coastal Marine and 

upstream of Norview Marina with 80 

seasonal slips, 4 transient slips, 190 dry 

storage spaces, and two (2) sewage 

holding tank pumpout stations, in 

addition to a dump station, restrooms, 

fuel, potable water, electricity, solid 

waste containers and repair facilities. 

Operations are 8 a.m. to 4:30 p.m. for 6 

days/week, March through November/ 

year. 

Norview Marina (Deltaville, VA) is on 

the east shore at the mouth of Broad 

Creek, and adjacent to the Regatta Point 

Yacht Club, and across Broad Creek 

from Bay Marine and Walden Brothers 

Marina. It has 110 seasonal slips, 188 

dry storage spaces, a boat ramp, a dump 

station, restrooms, fuel, potable water, 

electricity, solid waste containers and 

repair facilities. Operations are 8 a.m. to 

6 p.m., 7 days/week, 12 months/year. 

Regatta Point Marina (Deltaville, VA) 

is on the eastern shore near the mouth 

of Broad Creek. There are 80 seasonal 

slips and a dump station, restrooms, 

fuel, potable water, electricity, solid 

waste containers and repair facilities. 

Operations are May 15 through 

September 15 yearly, 7 days/week. 

Stingray Point Marina (Deltaville, VA) 

is on the eastern branch near the mouth 

of Broad Creek and adjacent to Regatta 

Point Yacht Club, and across from Bay 

Marine and Walden Brothers Marina. 

There are 178 seasonal slips with a 

dump station, restrooms, fuel, potable 

water, electricity, solid waste containers 

and repair facilities. Operations are 8 

a.m.–4:30 p.m., 7 days/week, March 

through November/year. 

In addition, there are at least four (4) 

additional facilities on the Broad Creek 

in the Deltaville, VA area with nominal 

amenities for boaters and water 

recreation craft. 

Jackson Creek 

Harbour House (Deltaville, VA) is a 

private marina at the mouth of Mill 

Creek meeting Jackson Creek offering 22 

seasonal slips, with a ramp, electricity, 

solid waste containers, restrooms and 

sewage holding tank pumpout facilities. 

Operations are 24 hours/day, 7 days/ 

week, 12 months/year. 

Jackson Creek Harbor Condominium 

(Deltaville, VA) is a private marina with 

36 seasonal slips and electricity, potable 

water, and restroom facilities. No times 

were listed. 

Deltaville Marina (Deltaville, VA) has 

79 seasonal slips, 10 transient slips, two 

sewage holding tank pumpout facilities 

in addition to a dump station, 

restrooms, fuel, potable water, 

electricity, solid waste containers and 

repair facilities. Operations are 8 a.m.– 

6 p.m., for March through December (2 

pumpouts available). 

Powell’s Marina (Deltaville, VA) has 

43 seasonal slips with a dump station, 

restrooms, fuel, potable water, 

electricity, solid waste containers and 

sewage holding tank pumpout facilities. 

Operations are 8 a.m.–5 p.m., 7 days/ 

week, 12 months/year. 

Fitzgerald Boat Basin (Deltaville, VA) 

has 22 seasonal slips, with a dump 

station, restrooms, potable water, 

electricity, solid waste containers and 

sewage holding tank pumpout facilities. 

Operations are 7 a.m–7 p.m., 7 days/ 

week, April through November. 

Little Snug Harbor (Deltaville, VA) 

has 27 seasonal slips with electricity, 

potable water and restroom facilities. 

Operation times were not listed. 

Fishing Bay Yacht Club (Deltaville, 

VA) has 80 seasonal slips, a boat ramp, 

a dump station, restrooms, potable 

water, electricity, solid waste containers 

and sewage holding tank facilities. 

Operations are at no charge, 24 hours/ 

day, 7 days/week, 12 months/year. 

There are at least two other mooring 

areas with limited amenities on Jackson 

Creek accessible to boaters. 

Fishing Bay 

Ruark’s Marina (Deltaville, VA) is 

adjacent to Fishing Bay Trace and 

Fishing Bay Harbor which lie just to the 

south. The marina operates a dump 

station, and is contracted to provide a 

publicly accessible and posted pumpout 

unit at the terminus of their ‘‘A’’ dock. 

On site at Ruark’s are 72 seasonal slips 

with potable water, electricity, solid 

waste containers and restroom facilities. 

The site is under construction; no hours 

are yet listed. 

Fishing Bay Trace (Deltaville, VA) is 

a private facility which has twelve (12) 

slips but no dump station, solid waste 

or pumpout facilities. No times listed. 

Fishing Bay Harbor Marina 

(Deltaville, VA) is on the western shore 

of Fishing Bay and adjacent to Fishing 

Bay Trace and the Chesapeake Marine 

Railway. There are 106 slips with fuel, 

potable water, electricity, solid waste 

containers, a dump station, a sanitary 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 42073 

pumpout and restroom facilities. 

Operations are 8 a.m. to 5 p.m., 7 days/ 

week from April through December. 

Porpoise Cove 

Porpoise Cove Marina (Deltaville, VA) 

is located at the southern end of 

Porpoise Cove on the north shore of the 

Piankatank River. There are 21 slips 

with potable water, electricity, solid 

waste containers, a dump station, and 

restroom facilities. The marina is under 

contract with the VDH Marina program 

to build a new pumpout station in 2009. 

No times listed; the facility is under 

construction. 

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. The Virginia State 

Water Control Law Section 62.1–44.33 

addresses vessel discharges and 

authorizes the State Water Control 

Board to adopt regulations controlling 

discharges from boats, which are listed 

and defined in 9 VAC 25–71–70, which 

also addresses, defines and designates 

No Discharge Zones (9VAC 25–71–60). 

Broken pumpout stations can be 

reported to the Virginia Department of 

Health by calling 1–800–ASK–FISH. 

These regulations also address treatment 

of collected vessel sewage from 

pumpouts and dump stations. In 

compliance with these regulations, all 

wastes from marinas within the Broad 

and Jackson Creeks and Fishing Bay are 

collected in and transported by haulers 

who deliver them to municipal waste 

treatment facilities or private facilities 

permitted under the Commonwealth of 

Virginia Pollutant Discharge 

Elimination System for final treatment 

and disposal. 

According to the Commonwealth of 

Virginia’s application there are 

approximately 631 vessels operating in 

the Deltaville, VA area (551 registered 

and 80 documented) on any given day 

based on boater registrations and 

observations. Transient boat population 

was not included in the VDH or VDEQ 

field reconnaissance. 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 marinas in 

the Broad and Jackson Creeks and 

Fishing Bay areas. 

The estimated vessel population in all 

of the affected areas is based on length: 

297 vessels less than 16 feet in length, 

537 vessels between 16 feet and 26 feet 

in length, 1,239 vessels between 27 feet 

and 40 feet in length, and 42 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, three (3) pumpouts and 

one dump station are needed for Broad 

Creek. Currently, there are eleven (11) 

pumpout facilities and nine (9) dump 

stations in Broad Creek. In Jackson 

Creek, four (4) pumpouts and one (1) 

dump station are required while six (6) 

pumpouts and three (3) dump stations 

exist. For Fishing Bay and the adjacent 

waters of Porpoise Cove and Moore 

Creek, two (2) pumpouts and one (1) 

dump station were required, while there 

are now two (2) pumpouts and two (2) 

dump stations currently available. 

Using the VDH submitted calculations 

and information, there are sufficient 

numbers of pumpout facilities and 

dump stations at the marinas in the 

waters in and around the affected areas 

to adequately service marine sanitary 

needs. These facilities are easily 

accessible to all vessels and provide safe 

and sanitary wastewater removal and 

treatment. 

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 Broad and 

Jackson Creeks, the Fishing Bay and 

Porpoise Cove and Moore Creek areas, 

in and around Deltaville Virginia. The 

Commonwealth of Virginia has 

demonstrated that there is adequate and 

sufficient law enforcement capability of 

these regulations. The Commonwealth 

has also submitted data to document 

that local citizens, advocacy groups, and 

marina personnel are concerned about 

the adverse impacts from vessel sanitary 

discharges into the Broad and Jackson 

Creeks and Fishing Bay, and adjacent 

areas. In response to public meetings in 

May and June 2008, professional and 

public comments were all supportive of 

the decision to designate the affected 

areas as a no discharge zone. There were 

sufficient agency and environmental 

groups’ comments to also support these 

measures. 

Finding 

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 Broad Creek, Jackson Creek and 

Fishing Bay Watersheds. This final 

determination will result in a Virginia 

state prohibition of any sewage 

discharges, whether treated or not, from 

vessels in the Broad Creek, Jackson 

Creek and Fishing Bay Watersheds. 

Dated: August 6, 2009. 

William C. Early, 

Acting Regional Administrator. 

[FR Doc. E9–20023 Filed 8–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8947–1] 

Gulf of Mexico Program Citizens 

Advisory Committee 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Request for Nominations to the 

Citizens Advisory Committee. 

SUMMARY: The U.S. Environmental 

Protection Agency, Gulf of Mexico 

Program Office (Gulf Program) invites 

nominations from a diverse range of 

qualified candidates to be considered 

for appointment to the Citizens 

Advisory Committee (Committee). It is 

anticipated that vacancies will be filled 

by the end of the 2009 calendar year. 

Additional sources may be utilized in 

the solicitation of nominees. 

Background: The Citizens Advisory 

Committee is a standing Advisory 

Subcommittee established by the 

Environmental Protection Agency (EPA) 

as a part of the EPA Gulf of Mexico 

Program under the Federal Advisory 

Committee Act (FACA) charter for the 

Policy Review Board (PRB). The 

function of the Citizens Advisory 

Committee is to provide guidance, 

advice, and support for the Gulf of 

Mexico Program. The Committee is 

composed of 25 members drawn from 

the areas of environment, business and 

industry, agriculture, fishing and 

tourism. Members of the Committee are 

from the Gulf Coast States of Alabama, 

Florida, Louisiana, Mississippi, and 

Texas. The Committee usually meets 

three times annually. Members serve on 

the Committee in a voluntary capacity. 

However, EPA provides reimbursement 

for travel expenses associated with 

attending official FACA meetings. 

The Gulf Program is seeking 

nominations from all sectors, including 

academia, industry, non-governmental 

organizations, and State, local and tribal 

governments to represent Alabama in 

the areas of agriculture and fisheries; 

Florida in the areas of fisheries and 

business/industry; Louisiana in the 

areas of agriculture and fisheries; and 

Mississippi in the areas of agriculture, 

fisheries, and tourism. Nominees will be 

considered according to the mandates of 


sroberts on DSKD5P82C1PROD with NOTICES