Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 66757 

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. 

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: ow-docket@epa.gov. 

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 

CommericalVesselPermit@epa.gov. For 

further information on the VGP, please 

contact Robin Danesi at 202–564–1846, 

Ryan Albert at (202) 564–0763 or e-mail 

commercialvesselpermit@epa.gov. 

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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66758 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 

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 selfinspection 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-toreach 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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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 66759 

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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9218–9 ] 

Science Advisory Board Staff Office; 

Notification of a Public Meeting of the 

Science Advisory Board Nutrient 

Criteria Review Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces a 

public meeting of the SAB Nutrient 

Criteria Review Panel. The Panel will 

review EPA’s technical support 

document on development of numeric 

nutrient criteria for Florida’s estuarine 

and coastal waters, and southern canals. 

DATES: The meeting will be held on 

Monday, December 13, 2010, and 

Tuesday, December 14, 2010, beginning 

at 8:30 a.m. and ending no later than 5 

p.m. (Eastern Time), each day. 

ADDRESSES: The public meeting will be 

held at the Washington Plaza Hotel, 10 

Thomas Circle, NW., Washington, DC 

20005. 

FOR FURTHER INFORMATION CONTACT: 

Members of the public who wish to 

obtain further information about this 

meeting may contact Ms. Stephanie 

Sanzone, Designated Federal Officer 

(DFO), EPA Science Advisory Board 

Staff Office (1400R), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

by telephone/voice mail: (202) 564– 

2067 or via e-mail at sanzone.stephanie

@epa.gov. General information about the 

SAB is available on the SAB Web site 

at http://www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act 

(FACA), 5 U.S.C., App. 2, notice is 

hereby given that the SAB Nutrient 

Criteria Review Panel will hold a public 

meeting to review a draft technical 

support document (TSD) being 

developed by the Office of Water (OW). 

The draft TSD will describe methods 

and approaches for developing numeric 

nutrient criteria for Florida’s estuarine 

and coastal waters, downstream 

protection values in streams to protect 

those waters, and criteria for flowing 

waters in the south Florida region 

(including canals). The Nutrient Criteria 

Review Panel has been asked to review 

and comment on the scientific validity 

of the Agency’s draft TSD. 

The SAB was established pursuant to 

42 U.S.C. 4365 to provide independent 

scientific and technical advice to the 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal Advisory Committee 

chartered under FACA. The SAB 

Nutrient Criteria Review Panel will 

provide advice through the chartered 

SAB. The SAB Panel will comply with 

the provisions of FACA and all 

appropriate SAB Staff Office procedural 

policies. 

Availability of Meeting Materials: The 

Charge to the Panel and the EPA draft 

technical support document will be 

available by mid-November, and will be 

posted on the SAB Web site at http://

yosemite.epa.gov/sab/sabproduct.nsf/

fedrgstr_activites/

FL%20Estuaries%20TSD?

OpenDocument. The EPA Office of 

Water technical contact for the draft 

TSD is Elizabeth Behl, at (202) 566– 

0788, or via e-mail at behl.betsy

@epa.gov. The meeting agenda for 

December 13–14, 2010 and other 

meeting materials also will be posted on 

the SAB Web site prior to the meeting. 

Procedures for Providing Public Input: 

Public comment for consideration by 

EPA’s Federal advisory committees and 

panels has a different purpose from 

public comment provided to EPA 

program offices. Therefore, the process 

for submitting comments to a Federal 

advisory committee is different from the 

process used to submit comments to an 

EPA program office. 

Federal advisory committees and 

panels, including scientific advisory 

committees, provide independent 

advice to EPA. Members of the public 

can submit comments for a Federal 

advisory committee to consider as it 

develops advice for EPA. They should 

send their comments directly to the 

Designated Federal Officer for the 

relevant advisory committee. Interested 

members of the public may submit 

relevant written information on the 

group conducting the activity or written 

or oral information for the Panel to 

consider on the topics of this review. 

Oral Statements: In general, individuals 

or groups requesting an oral 

presentation at a public meeting will be 

limited to five minutes per speaker. 

Interested parties should contact Ms. 

Sanzone at the contact information 

provided above by December 6, 2010, to 

be placed on the public speaker list for 

the December 13–14, 2010 meeting. 

Written Statements: Written statements 

should be received in the SAB Staff 

Office by December 6, 2010, so that the 

information can be made available to 

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