From: Deborah Nagle/DC/USEPA/US

To: Jim Lecky <Jim.Lecky@noaa.gov>, gary_frazer@fws.gov

Cc: Juhi Saxena/DC/USEPA/US@EPA

Date: 11/29/2011 07:43 PM Subject: Commencing informal consultation under the Endan gered Species Act on the next Vessel General

Permit and the new Small Vessel General Permit

Gary and Jim,

I am writing to initiate informal consultation under the Endangered Species Act (“ESA”), pursuant to 50 C.F.R. 402.13(a), on EPA’s reissuance of the Vessel General Permit (VGP), which regulates discharges incidental to the normal operation of non-military, non-recreational vessels that operate in a capacity as a means of transportation, and the Small Vessel GeneralPermit (sVGP), which regulates incidental discharges from commercial fishing vessels and nonmilitary, non-recreational vessels less than 79 feet in length. In accordance with a settlement agreement addressing litigation on the 2008 VGP, the Agency is required to propose the draft VGP, as well as the sVGP, for public notice and comment no later than November 30, 2011. In that same settlement agreement, EPA committed to taking final action on the VGP by November 2012. We appreciated comments received from NOAA Fisheries on the draft documents during interagency review, and have incorporated its recommendations, which it indicated would greatly improve protections of Essential Fish Habitat. The draft permits and supporting documents provided by OMB as part of interagency review are attached below.

We would like to host a meeting at EPA in early December to discuss how to move forward in the consultation process. At that time, we will provide both Service agencies with an overview of the permits and want to seek your input on t he most important elements of the Biological Evaluation, especially given that these permits are national in scope. It would be helpful if you provide me with the name of your staff lead on this matter so that we can set up this meeting.

We are proud of the improvements being proposed for the VGP, which would, if finalized, greatly advance environmental protection of our nation's waters. We focused a great deal of effort on the permit's ballast water provisions that regulate aquatic nuisance species, and we believe those requirements reflect the best science and information available. As you may know, we commissioned two scientific studies, one from the National Academy of Science (NAS) and one from EPA's Science Advisory Board (SAB). The NAS study was designed to provide an assessment of the environmental risks associated with ballast water discharges, and the SAB study was designed to evaluate the status of ballast water treatment technologies. In addition, we have developed and proposed more stringent requirements for the discharges of bilgewater (lowering the numeric limit for oily water discharges from new vessels), oil-to-sea interfaces (mandating the use of environmentally friendly lubricants), graywater, cruise ships, and have included numeric limits for exhaust gas scrubber washwater.

Thank you for your attention and please contact me with any questions. Alternatively, your staff may contact Dr. Ryan Albert of my staff (albert.ryan@epa.gov; 202-564-0763), who is leading

our efforts on this consultation.

************************************* Deborah NagleDirector

Water Permits Division
MC 4203M 1200 Pennsylvania Ave, NW Washington, DC 20460 Tel: (202) 564-1185 FAX: (202) 564-6392

EO12866_NPDES_NA2040_VGP2013_20111025 w ballast water.docx

EO12866_NPDES_NA2040_VGP2013_EA_20111011 w ballast water.docx

EO12866_NPDES_NA2040_VGP2013_Fact_S heet_20111011 w ballast water.docx

EO12866_NPDES_NA2040_sVGP2013_20111011 w ballast water.docx

EO12866_NPDES_NA2040_sVGP2013_EA_20111011 w ballast water.docx

EO12866_NPDES_NA2040_sVGP2013_Fact_Sheet _20111011 w ballast water.docx