Federal Register Date: 2026-05-07
Original Source: Read Full Notice
The Environmental Protection Agency (EPA), Region 3, has issued a final affirmative determination regarding the application submitted by the Commonwealth of Virginia on September 10, 2025, for the designation of a Vessel Sewage No-Discharge Zone (NSDZ) in specific waters of the Northern Neck Peninsula. This determination, made under the authority of Section 312 of the Clean Water Act (CWA), concludes that adequate facilities are reasonably available for the safe and sanitary removal and treatment of sewage from all vessels operating within the proposed NSDZ.
The Northern Neck Peninsula, located in eastern Virginia, is bounded by the Potomac River to the north, the Rappahannock River to the south, and the Chesapeake Bay to the east. The proposed NSDZ encompasses certain waters within Richmond, Lancaster, Northumberland, and Westmoreland Counties. The application detailed the rationale for the NSDZ, emphasizing the importance of protecting water quality in these sensitive estuarine environments. These waters support a variety of recreational activities, including boating, fishing, and swimming, and are ecologically significant habitats for numerous aquatic species.
The CWA prohibits the discharge of untreated sewage from vessels into navigable waters. However, Section 312 allows states to apply to the EPA for a determination that adequate pumpout facilities are available to accommodate vessels operating in specific areas. If the EPA makes an affirmative determination, the state can then designate those waters as an NSDZ, where the discharge of all vessel sewage, whether treated or untreated, is prohibited. Vessels operating in an NSDZ must retain sewage onboard for proper disposal at a pumpout facility.
Virginia’s application included a comprehensive assessment of the availability and accessibility of pumpout facilities within the Northern Neck region. The assessment considered the number and location of existing pumpout stations, their capacity, operating hours, and accessibility to different types of vessels. The application also addressed the anticipated demand for pumpout services, taking into account the number of registered vessels in the area and the frequency of vessel usage.
In evaluating Virginia’s application, the EPA considered several factors, including the adequacy of the pumpout facilities to handle the volume of sewage generated by vessels in the proposed NSDZ, the accessibility of these facilities to all types of vessels, and the reliability of the facilities to operate consistently. The EPA also considered public comments received during the review process. The EPA concluded that there are sufficient pumpout facilities to support the NSDZ designation.
This final affirmative determination allows Virginia to proceed with the formal designation of the specified waters within Richmond, Lancaster, Northumberland, and Westmoreland Counties as an NSDZ, in accordance with state law. This action will require vessels operating in the designated area to utilize functioning marine sanitation devices (MSDs) and to retain all sewage onboard for disposal at approved pumpout facilities. The designation is expected to improve water quality, protect sensitive aquatic habitats, and enhance recreational opportunities in the Northern Neck region. The EPA believes this action will also help to protect public health by reducing the risk of exposure to waterborne pathogens.
The EPA emphasizes that this final determination does not automatically establish the NSDZ. The Commonwealth of Virginia must take further action under state law to formally designate the waters as an NSDZ. Once Virginia has completed this process, the restrictions on vessel sewage discharge will become enforceable. The EPA encourages vessel operators to familiarize themselves with the specific boundaries of the designated NSDZ and to comply with all applicable regulations.
