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[Federal Register Volume 75, Number 44 (Monday, March 8, 2010)]
[Notices]
[Pages 10477-10479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4828]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2009-0828; FRL-9123-6]

Draft Report to Congress: Study of Discharges Incidental to 
Normal Operation of Commercial Fishing Vessels and Other Non-
Recreational Vessels Less Than 79 Feet

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comments and information.

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SUMMARY: This notice provides the public with notification that EPA has 
prepared a draft Report to Congress: Study of Discharges Incidental to 
Normal Operation of Commercial Fishing Vessels and Other Non-
Recreational Vessels Less than 79 feet. EPA conducted the study 
required by Public Law 110-299 and is publishing this draft report to 
seek public comment prior to finalizing the report. This draft report 
presents the information required by Public Law 110-299 on the types of 
wastewater discharged from commercial fishing vessels and non-
recreational vessels less than 79 feet in length. The draft report can 
be accessed in its entirety at http://www.epa.gov/npdes/vessels. This 
notice is being issued to obtain public comment on the draft report.

DATES: Comments must be received on or before April 7, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0208, 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. OW-2009-
0208.
     Mail: Water Docket Environmental Protection Agency, 
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
Attention Docket ID No. OW-2009-0208. Please include a total of two 
copies in addition to the original.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334, 
1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. 
OW-2009-0208. 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-2009-
0208. 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: Dr. Ryan Albert, Water Permits 
Division, Office of Wastewater Management (4203M), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 566-0763; fax number: (202) 564-6392; or Robin 
Danesi, Water Permits Division, Office of Wastewater Management 
(4203M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-1846; fax number: 
(202) 564-6392.

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 seeks public comment on EPA's draft Report to 
Congress on the Study of Discharges Incidental to the Normal Operation 
of Commercial Fishing Vessels and Other Vessels under 79 feet.
    Today's notice will be of interest to the general public, State 
permitting agencies, other Federal agencies, and owners or operators of 
commercial fishing vessels or other non-recreational vessels that may 
have discharges incidental to their normal operation.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
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 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).

[[Page 10478]]

     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     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.

II. Why Did EPA Conduct the Study?

    On July 31, 2008, Public Law (Pub. L.) 110-299 was signed into law. 
It generally provided a two-year moratorium for non-recreational 
vessels less than 79 feet in length and all commercial fishing vessels 
regardless of length, from the requirements of the National Pollutant 
Discharge Elimination System (NPDES) program to obtain a permit in 
order to authorize discharges incidental to the normal operation of 
those vessels. Additionally, Public Law 110-299 directed the United 
States Environmental Protection Agency (EPA) to study the impacts of 
discharges incidental to the normal operation of those vessels. 
Specifically, the law directs the agency to study and evaluate the 
impacts of:
    (1) Any discharge of effluent from properly functioning marine 
engines;
    (2) Any discharge of laundry, shower, and galley sink wastes; and
    (3) Any other discharge incidental to the normal operation of a 
vessel.
Congress mandated that EPA include the following in the study:
    (1) Characterizations of the nature, type, and composition of the 
discharges for:
    a. Representative single vessels; and
    b. Each class of vessels;
    (2) Determinations of the volume (including average volumes) of 
those discharges for:
    a. Representative single vessels;
    b. Each class of vessels;
    (3) A description of the locations (including the more common 
locations) of the discharges;
    (4) Analyses and findings as to the nature and extent of the 
potential effects of the discharges, including determinations of 
whether the discharges pose a risk to human health, welfare, or the 
environment, and the nature of those risks;
    (5) Determinations of the benefits to human health, welfare, and 
the environment from reducing, eliminating, controlling, or mitigating 
the discharges;
    (6) Analyses of the extent to which the discharges are currently 
subject to regulation under Federal law or a binding international 
obligation of the United States.
    The law expressly excludes certain discharges from the scope of the 
study: discharges from vessels owned and operated by the Armed Forces; 
discharges of sewage from vessels; and discharges of ballast water.
    Congress may find the information in this report useful as it 
considers how best to address discharges incidental to the normal 
operation of those types of vessels studied. Currently, discharges 
incidental to the normal operation of certain other types of vessels 
are regulated under two different regimes in the Clean Water Act. 
First, incidental discharges from non-recreational, non-fishing vessels 
larger than 79 feet currently are regulated under the National 
Pollution Discharge Elimination System (NPDES) permitting program. 
Second, Congress has chosen to exempt incidental discharges from 
certain other vessels from NPDES permitting and instead provided for 
the development and implementation of national standards or management 
practices as appropriate. In particular, discharges incidental to the 
normal operation of vessels of the US armed forces are subject to the 
Uniform National Discharge Standard (UNDS) program established under 
Section 312 (n) of the Clean Water Act and are exempt from NPDES 
permitting. Additionally, due to passage of the Clean Boating Act in 
2008, discharges incidental to the normal operation of recreational 
vessels also are exempt from NPDES permitting and will instead have to 
meet national best management requirements and performance standards 
established under Section 312 (o) of the Clean Water Act. Finally, in 
lieu of NPDES permitting, discharges of vessel sewage are subject 
instead to regulation under sections 312(b)-(m) of the Clean Water Act.
    The objective of the draft report is to provide a scientifically 
informative, policy neutral document to inform Congress about discharge 
characteristics from the types of vessels studied. As Congress 
considers the result of this study, they may take into account various 
Federal regulatory regimes or other options. Congress may use the 
information in this report to extend the permitting moratorium for 
these vessels, to establish an alternate regulatory regime, or to do 
nothing, allowing the moratorium to expire, thereby requiring NPDES 
permitting coverage for these 140,000 vessel operators.

III. Overview of the Study's Methods and Findings

    EPA estimates there are nearly 140,000 vessels in the United States 
subject to the permitting moratorium established under Public Law 110-
299 (hereinafter referred to as ``study vessels''). Approximately one-
half of these vessels are commercial fishing vessels involved in 
activities such as fish catching (e.g., longliner, shrimper, trawler) 
and charter fishing. The other half is distributed among a variety of 
vessel classes, including passenger vessels (e.g., water taxis, tour 
boats, harbor cruise ships, dive boats), utility vessels (e.g., tug/tow 
boats, research vessels, offshore supply boats), and freight barges.
    In order to complete this study, EPA conducted literature reviews, 
sampled vessel discharges, and used existing data from other EPA data 
collection efforts and other government data sources to inform its 
analysis. To select specific vessel classes for sampling, EPA first 
developed a list of commercial vessel classes. Next, EPA eliminated 
those vessel classes believed to consist primarily of vessels greater 
than 79 feet in length, with the exception of commercial fishing 
vessels. Examples of vessel classes eliminated because of their size 
included cable laying ships, cruise ships, large ferries, and oil and 
petroleum tankers. With the exception of fishing vessels, vessels over 
79 feet are outside the scope of the Act's permitting moratorium and 
are generally subject to EPA's existing Vessel General Permit. Next, 
EPA eliminated vessel classes that have historically been subject to 
NPDES permitting, including stationary seafood processing vessels and 
vessels that can be secured to the ocean floor for mineral or oil 
exploration. After screening out these vessel classes, EPA selected a 
subset of priority vessel classes to sample including commercial 
fishing boats, tug/tow boats, water taxis, tour boats, recreational 
vessels used for nonrecreational purposes, and industrial support boats 
less than 79 feet in length. EPA selected these vessel classes because 
they represent a cross section of discharges and have the potential to 
release a broad range of pollutants.
    EPA sampled wastewater discharges and gathered shipboard process 
information from 61 vessels in nine vessel classes. These classes 
included fishing vessels, tugboats, water taxis, tour boats, towing/
salvage vessels, small research vessels, a fire boat, and a

[[Page 10479]]

supply boat. EPA sampled more commercial fishing vessels than any other 
vessel class due to the large number of fishing vessels subject to the 
Public Law 110-299 permitting moratorium. Vessels were sampled in 15 
separate cities and towns in nine States across multiple geographic 
regions, including New England, the Mid-Atlantic, the Gulf Coast, the 
Mississippi River, and Alaska.
    EPA sampled a total of nine discharge types from the various vessel 
classes. These were bilgewater, stern tube packing gland effluent, deck 
runoff and/or washdown, fish hold effluent (both refrigerated seawater 
effluent and ice slurry), effluent from the cleaning of fish holds, 
graywater, propulsion and generator engine effluent, engine 
dewinterizing effluent, and firemain effluent.
    EPA typically sampled one to four discharge types on each vessel, 
depending on applicability, accessibility, and logistical 
considerations. Vessel discharge samples were analyzed for a variety of 
pollutants, including classical pollutants such as biochemical oxygen 
demand (BOD5), total suspended solids (TSS), residual chlorine, and oil 
and grease; nutrients; total and dissolved metals; volatile and 
semivolatile organic compounds (VOCs and SVOCs); nonylphenols 
ethoxylates (used as surfactants in detergents), which are converted to 
nonylphenols (a class of endocrine-disrupting compounds); and pathogen 
indicators (i.e., E. coli, enterococci, fecal coliforms).
    EPA found that some vessel discharges from commercial fishing 
vessels and commercial vessels less than 79 feet in length may have the 
potential to impact the aquatic environment and/or human health or 
welfare. The discharges with the greatest potential to impact surface 
water quality include deck washdown, fish hold effluent, graywater, 
bilgewater, and marine engine effluent. Review of available literature 
also indicates that leachate from antifouling hull coatings used on 
certain vessels to prevent buildup of organisms, such as barnacles and 
algae, as well as underwater hull cleaning, also likely impact surface 
water quality, particularly in areas where a large number of vessels 
are concentrated in a relatively small water body.
    Using the results obtained in this study, EPA used a simple model 
to evaluate how the nine vessel discharge types EPA sampled may impact 
water quality in a large, hypothetical harbor. Based on this 
evaluation, EPA determined that the incidental discharges from study 
vessels are not likely to solely cause an exceedance of any National 
Recommended Water Quality Criteria (NRWQC) to a relatively large water 
body. This finding suggests that these discharges are unlikely to pose 
acute or chronic exceedances of the NRWQC across an entire large water 
body. However, since many of the pollutants present in the vessel 
discharges were at end-of-pipe concentrations that exceeded an NRWQC, 
there is the potential for these discharges to contribute a water 
quality impact on a more localized scale. The study results indicate 
that total arsenic and dissolved copper are the most significant water 
quality concerns for the study vessels as a whole, and that they are 
more likely than other pollutants to contribute to exceedances of water 
quality criteria. This is especially true if there are other sources of 
pollutants or the receiving water already has high background 
concentrations.

IV. Request for Public Input and Comment

    In addition to generally requesting comment on all aspects of the 
draft report, in order to maximize the quality of the report, EPA is 
specifically requesting comment on the following:
    (1) Are there additional existing data or data sources which EPA 
should incorporate into or analyze in the final report? If so, please 
provide the specific data sets, papers, and/or citations EPA should 
consider.
    (2) Did EPA accurately summarize how these vessels generate these 
discharges, and accurately summarize how mariners and fishermen manage 
the discharges (e.g., fishermen in the Northeast holding bilgewater 
discharges until they are more than 3 nm from shore)?
    (3) Did EPA present the information clearly and concisely? Do you 
have suggestions to better present these data for both technical and 
non-technical audiences?
    (4) Should EPA consider other approaches to summarizing the data 
collected for this study, and if so, what specific alternative 
approaches are suggested?
    (5) Are there additional data sources that identify specific 
environmental impacts that result from discharges incidental to normal 
operation of commercial fishing vessels and other non-recreational 
vessels less than 79 feet in length (other than ballast water)? If so, 
please provide the specific data sets, papers, and/or citations EPA 
should consider.
    (6) Are there any additional existing data sources outlining usage 
patterns and discharge locations of commercial fishing vessels and 
other non-recreational vessels less than 79 feet in length that EPA 
should consider? If so, please provide specific data sets, papers, and 
or citations for EPA review.
    (7) Has EPA sufficiently analyzed the extent to which the 
discharges are currently subject to regulation under Federal law or a 
binding international obligation of the United States? Does the report 
appropriately convey which discharges and vessel types are already 
regulated and unregulated?

    Dated: March 1, 2010.
Peter A. Silva,
Assistant Administrator for Water.
[FR Doc. 2010-4828 Filed 3-5-10; 8:45 am]
BILLING CODE 6560-50-P
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