Notice2026-09042
Virginia; Waters of the Northern Neck Peninsula Vessel Sewage No-Discharge Zone; Final Affirmative Determination
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Published
May 7, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA), Region 3, has determined that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for waters within Virginia's Northern Neck peninsula to support the designation of a vessel sewage no-discharge zone for such waters. Pursuant to the Clean Water Act section 312, this notice constitutes the EPA's final affirmative determination on the application submitted by Virginia on September 10, 2025. Following this final affirmative determination, Virginia may designate certain waters within Richmond, Lancaster, Northumberland, and Westmoreland Counties as a vessel sewage no-discharge zone in accordance with State law.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Notices]
[Pages 24863-24865]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09042]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R03-OW-2025-2004; FRL-12999-02-R3]
Virginia; Waters of the Northern Neck Peninsula Vessel Sewage No-
Discharge Zone; Final Affirmative Determination
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final determination.
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SUMMARY: The U.S. Environmental Protection Agency (EPA), Region 3, has
determined that adequate facilities for the safe and sanitary removal
and treatment of sewage from all vessels are reasonably available for
waters within Virginia's Northern Neck peninsula to support the
designation of a vessel sewage no-discharge zone for such waters.
Pursuant to the Clean Water Act section 312, this notice constitutes
the EPA's final affirmative determination on the application submitted
by Virginia on September 10, 2025. Following this final affirmative
determination, Virginia may designate certain waters within Richmond,
Lancaster, Northumberland, and Westmoreland Counties as a vessel sewage
no-discharge zone in accordance with State law.
FOR FURTHER INFORMATION CONTACT: Byron Riggins, Wetlands Branch, Water
Division (3WD10), U.S. Environmental Protection Agency, Region 3, Four
Penn Center, 1600 John F Kennedy Blvd., Philadelphia, PA 19103-2852;
telephone number: (215) 814-5146; email address: <a href="/cdn-cgi/l/email-protection#9ae8f3fdfdf3f4e9b4f8e3e8f5f4daffeafbb4fdf5ec"><span class="__cf_email__" data-cfemail="ea98838d8d838499c48893988584aa8f9a8bc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 10, 2025, the Commonwealth of Virginia submitted an
application to the U.S. Environmental Protection Agency (EPA), Region
3, for a determination that adequate facilities for the safe and
sanitary removal and treatment of sewage from all vessels are
reasonably available for certain waters of Northern Neck peninsula, so
that Virginia may completely prohibit the discharge from all vessels of
any sewage, whether treated or not, into such waters. This application
for a no-discharge zone was made pursuant to Clean Water Act section
312(f)(3).
The proposed no-discharge zone encompasses various waterbodies in
the rural watersheds of Virginia's Coastal Plain, specifically on the
Northern Neck peninsula, in the counties of Richmond, Lancaster,
Northumberland, and Westmoreland. Virginia's application includes maps
that depict the waterbodies included in the proposed no-discharge zone,
as well as tables that specify the geographic coordinates of the zone's
boundaries. In its application, Virginia certified that the protection
and enhancement of the quality of these waters require greater
environmental protection than is afforded by the applicable Federal
standard. This certification was based on a need to protect extensive
shellfish harvest and aquaculture acreage from bacterial impairment and
to preserve water
[[Page 24864]]
quality for recreational activities, such as boating, fishing, and
swimming. Virginia also provided information on the vessel population
and usage of these waters and identified the pumpout facilities
available to service these vessels. Virginia's application is available
electronically in Docket ID No. EPA-R03-OW-2025-2004 through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
II. Response to Public Comments
On December 8, 2025 (90 FR 56748), the EPA published a tentative
affirmative determination in the Federal Register that adequate
facilities for the safe and sanitary removal and treatment of sewage
from all vessels are reasonably available for the waters subject to
Virginia's proposed no-discharge zone and solicited the public's input
during a 30-day comment period.
The EPA received two comments on the tentative affirmative
determination. One commenter wrote in support of the designation. The
other commenter expressed concern that obtaining data for this area is
difficult due to the construction of offshore wind turbines in the
Virginia Beach area. The EPA disagrees. Virginia's application included
the necessary data and information to demonstrate the adequacy and
availability of pumpout facilities to potentially affected vessels in
the Northern Neck peninsula. Other matters discussed in this comment
are outside the scope of the EPA's responsibility to determine whether
adequate facilities are reasonably available for the removal and
treatment of sewage from all vessels to which the no-discharge zone
would apply.
III. Adequacy and Availability of Pumpout Facilities
In the tentative determination, the EPA outlined the Agency's role
in evaluating Virginia's application for a vessel sewage no-discharge
zone under Clean Water Act section 312(f)(3), which requires that the
Agency determine whether adequate facilities for the safe and sanitary
removal and treatment of sewage from all vessels are reasonably
available for the waters proposed for a no-discharge zone designation.
As set forth in the tentative determination, based on the
information provided by Virginia and the EPA's subsequent review, there
are an estimated 3,105 recreational and transient vessels and 50
commercial vessels operating within the waters of the Northern Neck
that are expected to require pumpout services. These vessels may be
serviced by 24 publicly accessible sewage pumpout facilities, as well
as one private facility. Information about these facilities is provided
in Table 1 \1\ of this document. During peak usage, such as a holiday
weekend, the EPA estimates that 1,292 vessels are expected to require
access to pumpout facilities, and up to 1,456 vessels may be served by
available pumpout facilities. This estimate is based on the number of
vessels that can be serviced per hour by each available facility and
the hours of operation of each facility. As such, the EPA determined
that adequate pumpout facilities are reasonably available to meet the
expected demand during peak usage. Additionally, the EPA finds that the
cost for recreational vessels to access these facilities is minimal,
with most publicly accessible facilities (19 of the 24 facilities)
charging 10 dollars or less per pump out.
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\1\ Table 1 of the tentative determination incorrectly included
information for only 20 of the 25 facilities identified in
Virginia's application. This transcription error has been resolved
in this final determination.
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Because commercial vessels incur additional types of costs
associated with accessing pumpout facilities that recreational vessels
do not, the EPA compared the volume of sewage produced by commercial
vessels with the volume that can be received by available pumpout
facilities and considered the costs associated with accessing and using
those facilities. As described in the tentative affirmative
determination, the EPA's screening analysis showed that demand for
pumpout services is never expected to exceed capacity in the waters
proposed for designation, indicating that sufficient pumpout capacity
is available for commercial vessels. Because capacity significantly
exceeds demand, the EPA expects that this capacity surplus would be
sufficient when both recreational and commercial vessels access the
facilities during peak usage. The EPA also considered the various costs
incurred by commercial vessels to determine how the proposed no-
discharge zone would impact baseline operating costs. The EPA estimates
that the increase in baseline operating costs would be 0.2 percent for
working vessels (e.g., tugboats), 1.8 percent for commercial fishing
vessels, 2.3 percent for excursion vessels, and 1.3 percent for
offshore vessels. This increase is largely attributable to lost revenue
due to the time it takes to pump out sewage from a vessel; therefore,
savings may be achieved if vessel operators are able to time pumpout
activities to minimize cost impacts. The EPA also used conservative
values in estimating the increase in costs, as such, the true percent
increases are likely to be lower.
Finally, the EPA verified that the treatment of waste from pumpout
facilities is in conformance with Federal law. As discussed in the
EPA's tentative affirmative determination, seven wastewater treatment
plants (WWTPs) receive sewage from the available pumpout facilities.
The Virginia Department of Environmental Quality reviews and issues
Virginia Pollutant Elimination Discharge System permits to the WWTPs to
ensure compliance with applicable regulations. While two of the
facilities (Reedville WWTP and Town of Colonial Beach WWTP) had permit
violations within the last five years, Virginia confirmed that
Reedville WWTP is currently in compliance with a consent order intended
to bring the facility into compliance. For the Town of Colonial Beach
WWTP, the EPA determined that, upon implementation of appropriate
corrective actions, the facility could be operated consistent with
Federal, State, and local requirements. Based on a review of design
capacities and average actual flows, the EPA does not expect that any
of the WWTPs would exceed capacity due to increased volumes that may
result from establishment of a no-discharge zone.
IV. Determination
Based on the EPA's review of both the information provided in
Virginia's application and the comments received on the EPA's tentative
determination, the EPA Region 3 hereby makes a final determination that
adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels are available for the waters of the Northern
Neck peninsula, including waters in Richmond, Lancaster,
Northumberland, and Westmoreland Counties.
[[Page 24865]]
Table 1--List of Pumpout Facilities
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Water
Name Location Contact Operating depth Fee
information schedule (feet)
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Blue Compass Marina at Horn 836 Horn Harbor 804-453-3351 Apr-Oct: 8 a.m.-9 7 Free.
Harbor (CB-3). Rd., Burgess, VA p.m. (M-F); 9:30
22432. a.m.-4 p.m. (S &
Su); Nov-Mar: 11
a.m.-4 p.m. (W-
Su); 24/7 call
ahead service.
Buzzard Point Dry Storage & 468 Buzzard Point 804-453-3545 Late Mar-Dec: 8 8.5 $5.
Marina (CB-7). Rd., Reedville, a.m.-5 p.m. (M-
VA 22539. S); 8 a.m.-4
p.m. (Su).
Carter's Cove Marina (RAP-3).. 347 Carters Cove 804-438-5299 Apr-Nov: 9 a.m.-5 5 Free ($5 for non-
Drive, Weems, VA p.m.. slip holders).
22576.
Chesapeake Boat Basin (CB-10). 1686 Waverly 804-436-1234 8 a.m.-5 p.m. (M- 13 $5.
Ave., S); 8 a.m.-3
Kilmarnock, VA p.m. (Su);
22482. Closed Sun & Mon
in Jan & Feb.
Coan River Marina (POT-9)..... 3170 Lake Rd., 804-529-6767 Apr-Oct: 8:30 7 $10 ($5 for
Lottsburg, VA a.m.-5 p.m. (M- portable
22511. F); 9:30 a.m.-2 toilets).
p.m. (S); Nov-
Mar: 9:30 a.m.-4
p.m. (M-F).
Cockrell's Marine Railway Inc. 309 Railway Dr., 804-453-3560 6:00 a.m.-6:00 5 $5-20 (holding
(CB-12). Heathsville, VA p.m.. tank size
22473. dependent).
Coles Point Marina (POT-6).... 190 Plantation 804-472-4011 Apr-Oct: 9 a.m.-5 6 $20.
Drive, Hague, VA p.m. (M-Th); 8
22469. a.m.-7 p.m. (F &
S); 9 a.m.-4
p.m. (Su); Nov-
Mar: 9 a.m.-5
p.m. (M-S); 9
a.m.-12 p.m.
(Su).
Colonial Beach Yacht Center 1787 Castlewood 804-224-7230 Apr-Oct: 10 a.m.- 5 $5.
(POT-5). Drive, Colonial 4 p.m. (daily
Beach, VA 22443. except T); Nov-
Mar: 10 a.m.-4
p.m. (F-Su).
Fairport Marina (CB-8)........ 252 Polly Cove 804-453-5002 9 a.m.-5 p.m. (M, 8 $5-10 (holding
Rd., Reedville, T, S, Su); 9 tank size
VA 22539. a.m.-10 p.m. (W- dependent).
F).
Indian Creek Country & Yacht 362 Club Drive, 804-435-1340 Private (members 6 Free for members
Club (CB-9). Kilmarnock, VA & guests only). & guests.
22482.
Ingram Bay Marina (CB-4)...... 545 Harveys Neck 804-580-7292 9 a.m.-5 p.m..... 6 $5.
Rd.,
Heathsville, VA
22473.
Jenning's Boatyard Inc. (CB-5) 169 Boatyard 804-453-7181 8 a.m.-5 p.m. (M- 9 $5.
Road, Reedville, F); 8 a.m.-12
VA 22539. p.m. (S).
Lewisetta Marina (POT-10)..... 369 Church Lane, 804-529-7299 7 a.m.-5 p.m..... 9 $5.
Lottsburg, VA
22511.
Monroe Bay & Winkie Doodle 551 Lafayette 804-224-7544 Apr-Oct: 8 a.m.-8 5.5 Free.
Marinas (POT-7). Street, p.m..
Westmoreland, VA
22443.
Olverson's Lodge Creek Marina 1161 Melrose Rd., 804-529-5071 8 a.m.-5 p.m. (M- 10 $5.
(POT-8). Lottsburg, S); 8 a.m.-2
VA22511. p.m. (Su).
Reedville Marina--Crazy Crab 902 Main St., 804-453-6789 Apr-Oct: 9 a.m.-5 14 $5.
Restaurant (CB-11). Reedville, VA p.m..
22539.
Smith Point Marina (CB-2)..... 989 Smith Point 804-453-4077 Apr-Dec: 8 a.m.-4 4.5 Free; ($10 for
Rd., Reedville, p.m.; Nov-Mar: 8 non-slip
VA 22539. a.m.-4 p.m. (M- holders).
F).
Stepp's Harbor View Marina 277 Harbor View 804-224-7230 Apr-Nov: 9 a.m.-5 8 $10.
(POT-2). Circle, Colonial p.m..
Beach, VA 22443.
The Boat House Marina (POT-3). 829 Robin Grove 804-224-7644 8 a.m.-4 p.m. (T- 6 Free.
Lane, Colonial S).
Beach, VA 22443.
Tides Inn & Lodge (RAP-6)..... 480 King Carter 804-438-4418 Mid-Mar-Dec: 8 8 Free.
Drive, a.m.-7 p.m.; Jan-
Irvington, VA, Mid-Mar: 8 a.m.-
22480. 4 p.m.
Tiffany Yacht Company (CB-6).. 2355 Jessie 804-453-3464 7:30 a.m.-4:30 10 $20+ (holding
Dupont Memorial p.m. (M-F); 7:30 tank size
Highway, a.m.-12 p.m. (S). dependent).
Burgess, VA
22432.
Whelan's Marina & Campground 3993 Hales Point 804-394-9500 Apr-Oct: 8 a.m.-5 3 Free.
(RAP-7). Rd, Farham, VA p.m. (M-F); 8
22460. a.m.-1 p.m. (S);
Nov-Mar: 8 a.m.-
5 p.m. (M-F).
White Point Marina (POT-4).... 175 Marina Drive, 804-472-2977 Mar 15-Nov 15: 8 $5.
Kinsale, VA 7:30 a.m.-4 p.m.
22488. (M-F); 7:30 a.m.-
5 p.m. (S & Su).
Windmill Point Marina (RAP-2). 40 Windjammer 804-436-1818 9 a.m.-5 p.m. (on 6.5 $20.
Lane, White call 24/7).
Stone, VA 22578.
Yankee Point Marina (RAP-5)... 1303 Oak Hill 804-462-7635 May 1-Sept 30: 8 8.5 $10+ (holding
Rd., Lancaster, a.m.-4:30 p.m. tank size
VA 22503. (M-Th); 7 a.m.-6 dependent).
p.m. (S & Su);
Oct 1-Apr 30: 8
a.m.-4:30 p.m.
(M-F); 9 a.m.-4
p.m. (S).
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Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-09042 Filed 5-6-26; 8:45 am]
BILLING CODE 6560-50-P
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