[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Notices]
[Pages 66757-66759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27452]
[[Page 66757]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2010-0828; FRL-9218-8]
Stakeholder Input; Listening Session Seeking Suggestions for
Improving the Next National Pollutant Discharge Elimination System
(NPDES) General Permit for Discharges Incidental to the Normal
Operation of Vessels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency is announcing plans to
hold a ``listening session'' on December 15, 2010 to obtain suggestions
from the public for improving the next Vessel General Permit (VGP). The
listening session will be held in the EPA East Building, 1201
Constitution Ave., NW., Room 1153, Washington, DC 20004. The VGP is a
Clean Water Act NPDES permit that authorizes, on a nationwide basis,
discharges incidental to the normal operation of vessels as specified
in Part 1.2.2 of the 2008 VGP. EPA seeks the views of the interested
public on the requirements currently contained in the 2008 VGP, and any
changes or additions recommended for the next VGP. The 2008 VGP expires
on December 19, 2013 and EPA has begun the process of developing the
next VGP.
DATES: The listening session will be held in Washington DC on December
15, 2010. If you would prefer to provide written comments, EPA is
asking for comments or relevant information from the interested public
to be submitted to the docket on or before December 31, 2010.
ADDRESSES: Submit your statements or input, identified by Docket ID No.
EPA-HQ-OW-2010-0828 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected]. Attention Docket ID No. EPA-HQ-
OW-2010-0828.
Mail: Water Docket Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. OW-2010-0828.
Hand Delivery: Water Docket, EPA Docket Center, EPA West
Building Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460,
ID No. EPA-HQ-OW-2010-0828. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2010-
0828. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the 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 Water Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
The 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, and the telephone number for the
Water Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: For further information on the
``listening session,'' contact Shirley Fan at tel. 202-564-2425 or e-
mail [email protected]. For further information on the
VGP, please contact Robin Danesi at 202-564-1846, Ryan Albert at (202)
564-0763 or e-mail [email protected].
Public Listening Session: EPA will hold a public listening session
to gather opinions from the public on changes or additions recommended
for the next VGP. Written and oral statements will be accepted at the
public listening session. Input generated from the public listening
session will be compiled and archived in Docket ID No. EPA-HQ-OW-2010-
0828 found at http://www.regulations.gov. The public listening session
will begin with an EPA discussion of the background of the current VGP.
The date and time of the listening session is December 15, 2010, 9
a.m. to 5 p.m. The listening session will conclude early if all
comments are heard. The listening session will be held at EPA HQ
Office, EPA East Building, 1201 Constitution Ave., NW., Room 1153,
Washington, DC 20004.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does This Action Apply to Me?
Today's notice does not contain or establish any regulatory
requirements. Rather, it announces a public listening session and seeks
recommendations to improve the next VGP.
Today's notice will be of interest to the general public, State
permitting agencies, other Federal agencies, technology vendors and
owners or operators of non-recreational vessels that may have
discharges incidental to their normal operation. These vessel types may
include, but are not limited to, barges, tugs, cruise ships, commercial
fishing vessels, tankers, and ferries.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not
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contain the information claimed as CBI must be submitted for inclusion
in the public docket. Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the notice by docket number and other identifying
information (subject heading, Federal Register date, and page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a specific
section number in the VGP.
Explain why you agree or disagree; suggest alternatives;
and provide reasons for your suggested alternatives.
Describe any assumptions and provide any technical
information and/or data that you used.
Provide specific examples to illustrate your concerns and
suggest alternatives.
Explain your views as clearly as possible.
Make sure to submit your comments by the comment period deadline
identified. You may submit your comments electronically, by mail,
through hand delivery/courier, or in person by attending the public
listening session being held on December 15, 2010.
II. Background
In order to help the public prepare for the listening session, the
following background information is provided. Please note that the
information presented in this section is in summary form; for more
detail, please consult the VGP and supporting documents [available at
http://www.epa.gov/npdes/vessels].
Summary of 2008 VGP Requirements
A. Who is Subject to the 2008 VGP?
Vessels operating in a capacity as a means of transportation in the
waters of the U.S., except recreational vessels as defined in CWA
section 502(25) and vessels of the Armed Forces within the meaning of
CWA [section] 312, that have discharges incidental to their normal
operation are eligible for coverage under the VGP. With respect to (1)
commercial fishing vessels of any size as defined in 46 U.S.C. 2101 and
(2) those non-recreational vessels that are less than 79 feet in
length, the coverage under the VGP is limited to ballast water
discharges only and these vessels generally do not require permit
coverage for other discharges. ``Waters of the U.S.'' is defined in EPA
regulations to mean certain inland waters and the territorial sea,
which extends three miles from the baseline. Note that the Clean Water
Act (CWA) does not require NPDES permits for vessels or other floating
craft operating as a means of transportation beyond the territorial
seas, i.e., in the contiguous zone or ocean as defined by the CWA
sections 502(9), (10). See CWA section 502(12) and 40 CFR 122.2
(definition of ``discharge of a pollutant''). The VGP, therefore, does
not apply in such waters.
B. What Does the 2008 VGP authorize?
The 2008 VGP addresses 26 vessel discharge streams by establishing
effluent limits, including Best Management Practices (BMPs), to control
the discharge of the waste streams and constituents found in those
waste streams. The discharge streams eligible for coverage under this
final permit as specified in Part 1.2.2 of the VGP are: Deck washdown
and runoff and above water line hull cleaning; bilge water; ballast
water; anti-fouling leachate from anti-fouling hull coatings; aqueous
film forming foam (AFFF); boiler/economizer blowdown; cathodic
protection; chain locker effluent; controllable pitch propeller
hydraulic fluid and thruster hydraulic fluid and other oil sea
interfaces including lubrication discharges from paddle wheel
propulsion, stern tubes, thruster bearings, stabilizers, rudder
bearings, azimuth thrusters, and propulsion pod lubrication;
distillation and reverse osmosis brine; elevator pit effluent; firemain
systems; freshwater layup; gas turbine wash water; graywater; motor
gasoline and compensating discharge; non-oily machinery wastewater;
refrigeration and air condensate discharge; seawater cooling overboard
discharge; seawater piping biofouling prevention; small boat engine wet
exhaust; sonar dome discharge, underwater ship husbandry; welldeck
discharges; graywater mixed with sewage from vessels; and exhaust gas
scrubber wash water discharge.
For each discharge type, among other things, the 2008 permit
establishes effluent limits pertaining to the constituents found in the
effluent, including BMPs designed to decrease the amount of
constituents entering the waste stream. A vessel might not produce all
of these discharges, but a vessel owner or operator is responsible for
meeting the applicable effluent limits and complying with all the
permit conditions for every listed discharge that the vessel produces.
C. Monitoring, Reporting, and Recordkeeping
The 2008 VGP requires a routine visual inspection and monitoring of
all accessible areas of the vessel that the permit addresses. The
routine self-inspection must be documented in the ship's logbook or
other recordkeeping documentation. Analytical monitoring is required
for certain types of discharges. The VGP also requires comprehensive
annual vessel inspections, to ensure even the hard-to-reach areas of
the vessel are inspected for permit compliance. If the vessel is placed
in dry dock while covered under this permit, a dry dock inspection and
report must be completed. Additional monitoring requirements are
imposed on certain classes of vessels.
Vessel owner/operators are required to keep the following records
on the vessel or accompanying tug as specified in Section 4.2 of the
2008 VGP: Owner/vessel information, voyage log, violation of any
effluent limit, log of deficiencies and problems found during routine
inspections conducted under Part 4.1.1 of the VGP, analytical results
for all monitoring conducted under 4.1.2, log of findings from annual
inspections conducted under Part 4.1.3, training records, and other
records required by the 2008 permit. Vessels with ballast tanks are
required to keep the following written information onboard: Total
ballast water information; ballast water management; information on
ballast water tanks that are to be discharged in waters subject to the
2008 permit or reception facility; and discharge of sediment.
The 2008 VGP requires a one-time permit report between 30 and 36
months after obtaining permit coverage. Vessel owner/operators must
also report all instances of noncompliance with the VGP in an annual
noncompliance report. If a noncompliance may endanger health or the
environment, vessel owner/operators must report the noncompliance
within 24 hours to the appropriate EPA Regional Office, and follow up
with a written submission 5 days later.
D. Vessel Class-Specific Requirements
The 2008 VGP imposes additional requirements for 8 specific classes
of vessels. These vessel types are medium cruise ships, large cruise
ships, large ferries, barges, oil or petroleum tankers, research
vessels, rescue boats, and vessels employing experimental ballast water
treatment systems. The permit requirements are designed to address the
discharges from features unique to those vessels, such as parking decks
on
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ferries and overnight accommodations for passengers on cruise ships.
III. Request for Public Input and Comment
Today's notice is being issued to inform the public that EPA is
beginning the process of developing the next VGP and to solicit comment
on recommended improvements. EPA is accepting information during the
listening session scheduled for December 15, 2010 and/or by submission
of written comments or relevant information in order to gain early
public input on improvements recommended for the next VGP.
In addition to generally requesting recommended changes for any
aspect of the next VGP, in order to maximize the quality of the next
permit, EPA is specifically requesting comment on the following:
(1) Were parts of the 2008 VGP confusing? Do certain sections need
to provide additional guidance?
(2) Are there any guidances, supporting documentation, or other
communication strategies that you would recommend EPA develop to help
vessel owner/operators better understand and comply with the next VGP?
If so, please suggest your approaches.
(3) Did the 2008 VGP accurately identify and capture all the
categories of discharges incidental to the normal operation of a vessel
in the vessel universe? Are there additional discharge categories EPA
should explore for the next VGP?
(4) Are there effluent limitations or best management practices in
the 2008 VGP you would recommend revising and if so, what are your
suggestions and why do you suggest making those revisions?
(5) Are there reporting, monitoring, and inspection requirements
you would recommend revising, and if so, what are your suggestions? Are
there additional forms or guidances EPA should consider in assisting
permittees in meeting their reporting, monitoring, and inspections
requirements?
(6) Did EPA accurately identify and capture additional requirements
needed for specific vessel classes and if not, what are your
suggestions? Are there additional specific vessel classes EPA should
explore for the next VGP and why?
(7) Are there additional Federal, State, or international permits,
rules, or guidances EPA should consider using to inform decisions for
the next VGP and why?
Dated: October 21, 2010.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2010-27452 Filed 10-28-10; 8:45 am]
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