Click to view RDC's Comment Letter

Deadline for comment is August 6, 2007

Overview:

The Environmental Protection Agency (EPA) is seeking information from the general public as it considers how to develop Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits incidental to the normal operation of vessels.  These discharges are related to general vessel operations in all industries, including deck runoff, gray water, and ballast water. 

Previously these vessels were exempt from Clean Water Act requirements for more than 30 years, but due to a U.S. District Court ruling that found EPA exceeded its authority by authorizing that exemption, they will now require a discharge permit for all U.S. waters beginning September 30, 2008.  The agency is appealing this court ruling, but believes it is prudent to initiate responsive action rather than await the outcome of the appeal.  There are an estimated 143,000 commercial vessels and more than 13 million privately registered recreational boats that could be affected by this permit program. 

EPA is seeking public comments and data to help the agency develop a permitting program that will identify and categorize:

• the universe of vessels and their various characteristics
• types of discharges and their characteristics
• identification of pollution control equipment and/or best management practices 

This has the potential for massive adverse impact on vessels and their current operations.  Routine discharges from vessels, such as deck runoff, may be impossible to manage without compromising the standard operations and stability of the vessel. 

For additional information, refer to the Federal Register Notice located at:

http://www.epa.gov/fedrgstr/EPA-WATER/2007/June/Day-21/w12022.htm

Action Requested: 

RDC encourages you to submit written comments by August 6, 2007:

Submit written comments to (include two copies with original comments):

Email: send to ow-docket@epa.gov and identify Docket ID No. OW-2007-0483 in the subject line.

Online: Visit http://www.regulations.gov and follow the online instructions for submitting comments.

Deadline for comment is August 6, 2007

Points to consider for your comments:

• The vessels which would be subject to this new NPDES program, even in their assemblage, cause no measurable harm to US coastal waters, making both regulatory and financial sense to avoid a system of individual permits.
• It is not feasible to require individual permits for all possible discharges on an estimated universe of 14 million commercial and private vessels operating in the contiguous waters of the US continental shelf, Alaska, and Hawaii.
• The EPA has long used general permits for various regulated groups whom have similar operations.  EPA should allow general permits covering a vast majority of vessel discharges covered in the court decision, rather than individual vessel permits. 
• Under the court’s ruling, commercial and recreational vessels operating off the coast of the United States would be responsible for numerous types of discharges, each requiring a permit.  Permits should not be required for deck runoff from a vessel, any engine cooling water, gray water, bilge water from properly functioning marine engines, or any other discharge incidental to the normal operation of a vessel.  The vast majority of these discharges pose absolutely no harm to the environment.
• Many of the commercial vessels that would be required to obtain individual permits fall into the category of small businesses, and many are family owned.  The time and expense incurred by these operators would be significant, with little or no benefit to the environment.
• Before permits are required, EPA should analyze the impacts of the enormous paperwork, manpower, and energy that would be necessary to conduct and enforce this level of regulations, and proceed only with regulations that will provide environmental protection while maintaining economic benefits from the waters.  It is unrealistic to expect the agency, which currently issues 600,000 permits annually, to suddenly expand the program to the point where it is capable of issuing individual permits.
• Many commercial vessels are currently required to obtain NPDES permits as part of doing business in Alaska.  The vast majority of vessel operators whom would need the new permits, as required by the court’s decision, would find the process to be an enormous burden, in terms of both time and cost.

Deadline for comment is August 6, 2007