Eddie Baza Calvo Governor of Guam

**BUREAU** OF **~: TATISTICS**  & PLANS Ray TenorioLieutenant GovernorMr. David Smith Manager, Pacific Islands Office SAGAN PLANUS IlA VAN EMfO T MASION P.O. Box 2950 Ha gatiia, Guam 96932 Tel: (671) 472-4201/3 Fax: (671) 477-1812MAR 1 3 2012 United States Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105-390 I Ifafa Adai Mr. Smith: Thomas A. Morrison Dir ector The Bureau has completed the review ofthe U.S. Environmental Protection Agency's (USEPA) Federal consistency determination dated December 21, 20II (received on Dec. 29) for the reissuance of the Vessel General Permit (VGP), greater than 79 feet in length for discharges incidental to the normal operation of vessels inthe waters ofthe United States. Additionally, anew Small Vessel General Permit

(sVGP) for commercial vessels, less than 79 feet, will be required to have Clean Water Act (CWA)

permit coverage to operate inthe U.S. waters. Accordingly, a Congressional moratorium (initiated by Public Law 110-299 and su bsequently extended by PubIic Law 11 1-215) exempts all incidental di scharges, with the exception of ballast water, from commercial fishing vessels and non-recreational, non-military vessels less than 79 feet inl ength from

obtaining a CWA permit until December 18, 2013. The permit will continue to regulate the 26 specific discharge categories that were conta ined inthe EPA's proposed VGP/sYGP. Under the CWA, permits arc issued fora five-year period after which time EPA generally issues revise permits based on updated information and requirements. The proposed permits will help protect the waters of the United States from ship-borne pollutants and reduce the risk of introduction of invasive species that comes from ballast water discharges by USEPA's imposition ofa more stringent numeric ballast water discharge limits for

most vessels for oiltosea interfaces and exhaust gas scrubber washwater. The permit specifies best management practices for severa l discharge management categories including fuel management, engine and oil control, solid and liquid maintenance, graywater management, fish hold effluent and ballast water management to reduce the risk of spreading invasive species. Asa requirement of this sVGP, small vessel owners or operators must complete the sYGP Permit Authorization and Record of Inspection (PARI) form which must be signed and maintained onboard the vessel for the entire permit term. The permittees wi11 have to conduct an annual self-inspection and certify that he/she has done the inspection bys igning the form each year. Currently, the Clean Water Act (CW A) section 30I(a) prohibits the discharge of pollutants withinthe Guam "coastal zone" including offshore Islands and the subme rged lands and waters extending seaward toa distance ofthree (3) nautical miles of Guam, except in compliance with the corresponding provisions ofthe CWA anda National Pollutant Discharge Elimination System (NPDES). Therefore, the Bureau concurs with the USEPA 's consistency determination that the issuance of these VGP and sVGP is consistent tothe maximum extent practicable with the enforceable policies ofthe approved Guam Coastal Management Program. We agree that the VGP/sVGP for waters of the United States will provide increased protection to coastal watersby imposing enforceable NPDES permit limits on discharges on

Guam's coastal zone. Guam Coastal Management Program ++ Land Use Planning ++ Socio-Economic Planning ++ Pianning lnfonnation ++ Business and Economic Statistics ProgramAdditionally, we wish to take this opportunity to thank both USEPA, in conjunction with the Guam Environmental Protection Agency for their dedication and efforts in trying to alleviate the discharge of noxious chemicals and pollutants and incidental discharges into the waters ofthe United States for the

health, safety ,and well-being ofthe people of Guam. cc: GEPA DoAg DPR/HPO ACOEDLMNPS A.Loerzel/NOAA SiYu'osMa'ase, Director