Eddie Baza Calvo 

Governor of Guam 

BUREAU OF 

~: TATISTICS & PLANS 

Ray Tenorio 

Lieutenant Governor 

Mr. David Smith 

Manager, Pacific Islands Office 

SAGAN PLANUS I lA VAN EMfOTMASION 

P.O. Box 2950 Hagatiia, Guam 96932 

Tel: (671) 472-4201/3 Fax: (671) 477-1812 

MAR 1 3 2012 

United States Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105-390 I 

I fafa Adai Mr. Smith: 

Thomas A. Morrison 

Director 

The Bureau has completed the review ofthe U.S. Environmental Protection Agency's (USEPA) Federal 

consistency determination dated December 21, 20 II (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 in the waters of the United States. Additionally, a new 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 in the U.S. waters. 

Accordingly, a Congressional moratorium (initiated by Public Law 110-299 and subsequently extended 

by Pub I ic Law 11 1-215) exempts all incidental discharges, with the exception of ballast water, from 

commercial fishing vessels and non-recreational, non-military vessels less than 79 feet in length from 

obtaining a CWA permit until December 18, 2013. The permit will continue to regulate the 26 specific 

discharge categories that were contained in the EPA's proposed VGP/sYGP. Under the CWA, permits 

arc issued for a five-year period after wh ich 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 of a more stringent numeric ballast water discharge limits for 

most vessels for oil to sea interfaces and exhaust gas scrubber washwater. The permit specifies best 

management practices for several 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. As a 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 wi 11 have to conduct an annual self-inspection and certify that he/she has done the inspection 

by signing the form each year. 

Currently, the Clean Water Act (CW A) section 30 I (a) prohibits the discharge of pollutants within the 

Guam "coastal zone" including offshore Islands and the submerged lands and waters extending seaward 

to a distance ofthree (3) nautical miles of Guam, except in compliance with the corresponding provisions 

of the CWA and a 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 to the maximum extent practicable with the enforceable policies of the approved Guam Coastal 

Management Program. We agree that the VGP/sVGP for waters of the United States will provide 

increased protection to coastal waters by 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 Program 
Additionally, 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 of the United States for the 

health, safety, and well-being of the people of Guam. 

cc: GEPA 

DoAg 

DPR/HPO 

ACOE 

DLM 

NPS 

A.Loerzel/NOAA 

Si Yu' os Ma'ase, 

Director