[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Notices]
[Pages 53702-53707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21408]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2011-0150; FRL-9916-36-OW]
Final National Pollutant Discharge Elimination System (NPDES)
Small Vessel General Permit for Discharges Incidental to the Normal
Operation of Vessels Less Than 79 Feet
AGENCY: Environmental Protection Agency.
ACTION: Notice of final permit issuance.
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SUMMARY: Environmental Protection Agency (EPA) Regions 1, 2, 3, 4, 5,
6, 7, 8, 9, and 10 are finalizing the NPDES Small Vessel General Permit
(sVGP) to authorize discharges incidental to the normal operation of
non-military and non-recreational vessels less than 79 feet in length.
EPA is finalizing the sVGP, which has an effective date of
[[Page 53703]]
December 19, 2014, to authorize discharges from vessels less than 79
feet in length, because the law imposing a moratorium against NPDES
permitting of these discharges expires on December 18, 2014. That law
generally provides that no NPDES permits shall be required for
discharges (except discharges of ballast water) incidental to the
normal operation of vessels less than 79 feet and all commercial
fishing vessels.
EPA provided notice of the availability of the draft permit and
accompanying fact sheet for public comment in the Federal Register on
December 8, 2011.
DATES: This permit is effective on December 19, 2014.
In accordance with 40 CFR part 23, this permit shall be considered
issued for the purpose of judicial review on the day 2 weeks after
Federal Register publication. Under section 509(b) of the Clean Water
Act, judicial review of this general permit can be had by filing a
petition for review in the United States Court of Appeals within 120
days after the permit is considered issued for purposes of judicial
review. Under section 509(b)(2) of the Clean Water Act, the
requirements in this permit may not be challenged later in civil or
criminal proceedings to enforce these requirements. In addition, this
permit may not be challenged in other agency proceedings. This permit
also provides additional dates for compliance with the terms of the
permit.
FOR FURTHER INFORMATION CONTACT: For further information on the sVGP,
contact Jack Faulk at (202) 564-0768 or Ryan Albert at (202) 564-0763,
or at EPA Headquarters, Office of Water, Office of Wastewater
Management, Mail Code 4203M, 1200 Pennsylvania Ave, NW., Washington DC
20460; or email at [email protected].
SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of these documents and other related
information?
C. Public Outreach: Public Hearings and Public Meetings, Web
Casts
D. Who are the EPA regional contacts for this permit?
II. Statutory and Regulatory History
III. Scope and Applicability of the 2014 sVGP
A. CWA Section 401 Certification and Coastal Zone Management Act
B. Geographic Coverage of sVGP
C. Categories of Vessels Covered Under the sVGP
D. Summary of the sVGP
E. Summary of Significant Changes from the Proposed sVGP
IV. Analysis of Economic Impacts of sVGP
A. Costs of the sVGP
B. Benefits of the sVGP
V. Executive Orders 12866 and 13563
I. General Information
A. Does this action apply to me?
This action applies to vessels less than 79 feet in length
operating in a capacity as a means of transportation that have
discharges incidental to their normal operation into waters subject to
this permit, except recreational vessels as defined in Clean Water Act
(CWA) section 502(25) and vessels of the Armed Forces as defined in CWA
section 312(a)(14). Affected vessels are henceforth referred to as non-
military, non-recreational vessels. Unless otherwise excluded from
coverage by Part 5 of the sVGP, the waters subject to this permit are
waters of the U.S. as defined in 40 CFR 122.2. That provision defines
``waters of the U.S.'' as certain inland waters and the territorial
sea, which extends three miles from the baseline. More specifically,
CWA section 502(8) defines ``territorial seas'' as ``the belt of the
seas measured from the line of the ordinary low water along that
portion of the coast which is in direct contact with the open sea and
the line marking the seaward limit of inland waters, and extending
seaward a distance of three miles.'' Note that the Clean Water Act 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''). This permit, therefore, does not apply in such waters.
Non-military, non-recreational vessels greater than 79 feet in
length operating in a capacity as a means of transportation that need
NPDES coverage for their incidental discharges will generally be
covered under the VGP (78 FR 21938, April 12, 2013). Similarly situated
vessels less than 79 feet in length may be covered under the VGP, or
may instead opt for coverage under the sVGP. Commercial fishing vessels
greater than 79 feet in length are not eligible for coverage under the
sVGP but can be covered under the VGP should they need to do so (e.g.,
after expiration of the moratorium from permit requirements for these
vessels).
B. How can I get copies of these documents and other related
information?
1. Docket. EPA has established an official public docket for this
action: Docket ID No. EPA-HQ-OW-2011-0150. The official public docket
is the collection of materials, including the administrative record
required by 40 CFR 124.18, for the final permit. It is available for
public viewing at the Water Docket in the EPA Docket Center, (EPA/DC)
EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460.
Although all documents in the docket are listed in an index, some
information may not be publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Publicly available docket materials are available
electronically through http://www.regulations.gov and in hard copy at
the EPA Docket Center Public Reading Room, 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.
2. Electronic Access. You may access this Federal Register document
electronically at http://www.federalregister.gov.
An electronic version of the public docket is available through the
Federal Docket Management System (FDMS) found at http://www.regulations.gov. You may use the FDMS to view public comments,
access the index listing of the contents of the official public docket,
and access those documents in the public docket that are available
electronically. Once at the Web site, enter the appropriate Docket ID
No. in the ``Search'' box to view the docket.
Certain types of information will not be placed in the EPA dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in this section.
C. Public Outreach: Public Hearings and Public Meetings, Web Casts
Because EPA anticipated a significant degree of public interest in
the draft sVGP and the draft VGP, EPA held a public hearing on
Wednesday January 11, 2012, to receive public comment and answer
questions concerning the draft permits. The hearing was held at EPA
[[Page 53704]]
East Room 1153, 1201 Constitution Ave. NW., Washington DC 20460. In
addition, EPA held a public meeting on Monday January 23, 2012, at the
Ralph H. Metcalfe Federal Building, Room 331, 77 West Jackson Blvd.,
Chicago, IL 60604. The purpose of those meetings was to present the
proposed requirements of these two draft general permits and the basis
for those requirements, as well as to answer questions concerning the
draft permits. The public meetings and public hearing were attended by
a wide variety of stakeholders including representatives from industry,
government agencies, and environmental organizations. In addition, EPA
held a webcast on January 19, 2012, and two online Question and Answer
sessions on January 31 and February 7, 2012, to provide information on
the proposed permits and to answer questions from interested parties
that were unable to attend the public meetings or hearing.
D. Who are the EPA regional contacts for this permit?
For EPA Region 1, contact John Nagle at tel.: (617) 918-1054; or
email at [email protected]; or at US EPA, Region 1, New England/Office
of Ecosystem Protection, 5 Post Office Square, Suite 100, Mail Code:
OEP 06-1, Boston, MA 02109-3912.
For EPA Region 2 in New York and New Jersey, contact Patricia
Pechko at tel.: (212) 637-3796; or email at [email protected]; or
at US EPA, Region 2, 290 Broadway, 24th Floor, New York, NY 10007-1866
or for EPA Region 2 in Puerto Rico and the Virgin Islands, contact
Sergio Bosques at tel.: (787) 977-5838; or email at
[email protected]; or at US EPA Region 2, Caribbean Environmental
Protection Division, City View Plaza II--Suite 7000, 48 Rd. 165 Km 1.2,
Guaynabo, Puerto Rico 00968-8069.
For EPA Region 3, contact Mark Smith at tel.: (215) 814-3105; or
email at [email protected]; or at US EPA, Region 3, 1650 Arch St.,
Mail Code: 3WP41, Philadelphia, PA 19103-2029.
For EPA Region 4, contact Karrie-Jo Robinson at tel.: (404) 562-
9308; or email at [email protected]; or Kip Tyler at 404-562-
9294 or email at [email protected]; or at US EPA, Region 4/Water
Permits Division, Atlanta Federal Center, 61 Forsyth St. SW., Atlanta,
GA 30303-3104.
For EPA Region 5, contact Sean Ramach at tel.: (312) 886-5284; or
email at [email protected]; or US EPA, Region 5, 77 W Jackson Blvd.,
Mail Code: WN16J, Chicago, IL 60604-3507.
For EPA Region 6, contact Jenelle Hill at tel.: (214) 665-9737; or
email at [email protected]; or at US EPA, Region 6, 1445 Ross Ave.,
Suite 1200, Dallas, TX 75202-2733.
For EPA Region 7, contact Alex Owutaka at tel.: (913) 551-7584; or
email at [email protected]; or at US EPA, Region 7, 11201 Renner
Boulevard, Lenexa, Kansas 66219.
For EPA Region 8, contact Lisa Luebke at tel.: (303) 312-6256; or
email at [email protected]; or at US EPA, Region 8, 1595 Wynkoop St.,
Mail Code: 8P-W-WW, Denver, CO 80202.
For EPA Region 9, contact Eugene Bromley at tel.: (415) 972-3510;
or email at [email protected]; or at US EPA, Region 9, 75
Hawthorne St., San Francisco, CA 94105-3901.
For EPA Region 10, contact Cindi Godsey at tel.: (206) 553-1676; or
email at [email protected]; or at US EPA, Region 10, 1200 6th
Avenue, Suite 900, Seattle, WA 98101.
II. Statutory and Regulatory History
The Clean Water Act (CWA) section 301(a) provides that ``the
discharge of any pollutant by any person shall be unlawful'' unless the
discharge is in compliance with certain other sections of the Act. 33
U.S.C. 1311(a). The CWA defines ``discharge of a pollutant'' as ``(A)
any addition of any pollutant to navigable waters from any point
source, (B) any addition of any pollutant to the waters of the
contiguous zone or the ocean from any point source other than a vessel
or other floating craft.'' 33 U.S.C. 1362(12). A ``point source'' is a
``discernible, confined and discrete conveyance'' and includes a
``vessel or other floating craft.'' 33 U.S.C. 1362(14).
The term ``pollutant'' includes, among other things, ``garbage . .
. chemical wastes . . . and industrial, municipal, and agricultural
waste discharged into water.'' The Act's definition of ``pollutant''
specifically excludes ``sewage from vessels or a discharge incidental
to the normal operation of a vessel of the Armed Forces'' within the
meaning of CWA section 312. 33 U.S.C. 1362(6).
One way a person may discharge a pollutant without violating the
CWA section 301 prohibition is by obtaining authorization to discharge
(referred to herein as ``coverage'') under a CWA section 402 National
Pollutant Discharge Elimination System (NPDES) permit (33 U.S.C.
section 1342). Under CWA section 402(a), EPA may ``issue a permit for
the discharge of any pollutant, or combination of pollutants,
notwithstanding section 1311(a)'' upon certain conditions required by
the Act.
Historically, EPA had not required NPDES permits for discharges
incidental to the normal operation of a vessel; however, on July 23,
2008, the United States Ninth Circuit Court of Appeals upheld a lower
court decision that the Agency's approach to exclude these discharges
from permitting exceeded the Agency's authority to do so under the
Clean Water Act. Northwest Envtl. Advocates et al. v. United States
EPA, 2006 U.S. Dist. LEXIS 69476 (N.D. Cal. 2006). This decision
prompted EPA and Congress to take several actions. For larger vessels
(i.e., greater than 79 feet in length), EPA issued the Vessel General
Permit (VGP) in late 2008 to provide a mechanism for these vessels to
comply with CWA permitting obligations. For smaller vessels and
commercial fishing vessels, Congress enacted Public Law (Pub. L.) 110-
299 to provide a two-year permitting moratorium to allow time for EPA
to study discharges from these vessels and provide a Report to Congress
(``Study of Discharges Incidental to Normal Operation of Commercial
Fishing Vessels and Other Non-Recreational Vessels Less Than 79 Feet,''
August 2010). Congress has subsequently extended the permitting
moratorium for smaller vessels and commercial fishing vessels through
December 18, 2014. (Pub. L. 111-215 and Pub. L. 112-213).
The Small Vessel General Permit (sVGP), as finalized, is a
mechanism for EPA to provide coverage for discharges incidental to the
normal operation of non-military and non-recreational vessels less than
79 feet in length once the discharge moratorium ends on December 18,
2014. All discharges incidental to the normal operation of a vessel
less than 79 feet, when that vessel is operating in capacity as a means
of transportation, are eligible for coverage under this permit.
EPA is issuing this permit in advance of the date permit coverage
is required to give small vessel owners and operators time to read and
prepare for these new permit requirements.
III. Scope and Applicability of the 2014 sVGP
A. CWA Section 401 Certification and Coastal Zone Management Act
EPA may not issue a permit authorizing discharges into the waters
of a state until that state has granted certification under CWA section
401 or has waived its right to certify (or been deemed to have waived).
33 U.S.C. 1341(a)(1); 40 CFR 124.53(a). EPA gave each state, tribe, and
territory as applicable over nine months to certify, well over the 60
day regulatory norm for NPDES permits. EPA found that this 401
certification had unusual circumstances
[[Page 53705]]
which warranted additional time (e.g., the permits regulate discharges
of mobile point sources; they have broad applicability to the waters of
every state and tribe in the country). If a state believed that any
permit condition(s) more stringent than those contained in the draft
permit were necessary to meet the applicable requirements of either the
CWA or state law, the state had an opportunity to include those
condition(s) in its certification. 40 CFR 124.53(e)(1). Twenty-three
states and one Indian tribe provided such conditions in their
certifications, and EPA has added them to the sVGP pursuant to CWA
section 401(d). 33 U.S.C. 1341(d).
Similarly, EPA may not authorize discharges under a general permit
into waters of a State if the State objects with EPA's National
Consistency Determination, pursuant to the regulations implementing of
the Coastal Zone Management Act (``CZMA''), specifically the
regulations at 15 CFR 930.31(d) and 930.36(e). If the State coastal
zone management agency objects to the general permit, then the general
permit is not available for use by potential general permit users in
that State unless the applicant who wants to use the general permit
provides the State agency with the applicant's consistency
determination and the State agency concurs. 15 CFR 930.31(d). The
National Oceanic and Atmospheric Administration (NOAA) has explained
that ``a State objection to a consistency determination for the
issuance of a general permit would alter the form of CZMA compliance
required, transforming the general permit into a series of case by case
CZMA decisions and requiring an individual who wants to use the general
permit to submit an individual consistency certification to the State
agency in compliance with 15 CFR part 930.'' 71 FR 788, 793. No state
objected to EPA's national consistency determination.
B. Geographic Coverage of sVGP
The sVGP is applicable to discharges incidental to the normal
operation of a vessel (identified in Part 1.4 of the sVGP and section
3.6 of the sVGP fact sheet) into waters subject to these permits, which
means ``waters of the U.S.'' as defined in 40 CFR 122.2, except as
otherwise excluded by Part 5 of the permit. This includes the
territorial seas, defined in section 502(8) of the CWA, extending to
three miles from the baseline. Pacific Legal Foundation v. Costle, 586
F.2d 650, 655-656 (9th Cir. 1978); Natural Resources Defense Council,
Inc. v. U.S. EPA, 863 F.2d 1420, 1435 (9th Cir. 1988).
The general permit will cover vessel discharges into the waters of
the U.S. in all states and territories, regardless of whether a state
is authorized to implement other aspects of the NPDES permit program
within its jurisdiction, except as otherwise excluded by Part 5 of the
sVGP. While, pursuant to CWA section 402(c), EPA typically is required
to suspend permit issuance in authorized states, EPA may issue NPDES
permits in authorized states for discharges incidental to the normal
operation of a vessel because 402(c)(1) of the Clean Water Act
prohibits EPA from issuing permits in authorized states only for
``those discharges subject to [the state's authorized] program.''
Discharges formerly excluded under 40 CFR 122.3 are not ``subject to''
authorized state programs. The vessel discharges that will be covered
by the permit are discharges formerly excluded from NPDES permitting
programs under 40 CFR 122.3. (See discussion of the vacatur of this
exclusion above.) Therefore the discharges at issue are not considered
a part of any currently authorized state NPDES program. See 40 CFR
123.1(i)(2) (where state programs have a greater scope of coverage than
``required'' under the federal program, that additional coverage is not
part of the authorized program) and 40 CFR 123.1(g)(1) (authorized
state programs are not required to prohibit point source discharges
exempted under 40 CFR122.3).
C. Categories of Vessels Covered Under the sVGP
The sVGP applies to discharges incidental to the normal operation
of non-military, non-recreational vessels less than 79 feet (unless a
vessel elects for coverage under the VGP instead). The discharges
eligible for coverage under this permit are those covered by the former
exclusion in 40 CFR 122.3(a) prior to its vacatur.
D. Summary of the sVGP
EPA is today finalizing the sVGP for vessels less than 79 feet. EPA
is finalizing the sVGP to provide coverage for vessels less than 79
feet in length because the Public Law (Pub. L.) 110-299 NPDES
permitting moratorium (subsequently extended by Pub. L. 111- 215 and
Pub. L. 112-213) expires on December 18, 2014. EPA recognizes that
small commercial vessels are different in operation than larger
commercial vessels, generally have fewer discharge types, and that
owner/operators of smaller vessels have particularized expertise and
different resources available to manage their vessels than owner/
operators of larger vessels. Hence, the sVGP is structured differently
for this class of permittees. The sVGP will not require the vessel
owner or operator to submit a Notice of Intent (NOI) to receive permit
coverage. However, as with vessels not required to submit an NOI under
the 2013 VGP, sVGP permittees are required to complete and keep a
Permit Authorization and Record of Inspection (PARI) form onboard their
vessel at all times (either in paper form or electronically). EPA also
notes that vessel owner/operators of vessels less than 79 feet may
choose whether they wish to seek coverage under the sVGP or the VGP.
The PARI form, different forms for the sVGP and VGP, will document
under which permit the owner/operator has sought coverage. The
discharges covered in the sVGP are categorized into several broad
categories listed in the permit and include: common-sense requirements
for general discharges, fuel management, engine and oil control, solid
and liquid waste management, deck washdown and runoff and above water
line hull cleaning, vessel hull maintenance, graywater, fish hold
effluent, ballast water, and overboard cooling water discharges. The
sVGP includes non-numeric effluent limits in the form of Best
Management Practices (BMPs), which were developed for these discharges
because EPA has determined that it is infeasible to calculate numeric
effluent limits at this time. The BMPs are designed to minimize the
amount of any discharge produced as well as reduce the likelihood the
discharge would enter a waterbody. EPA determined that for most small
vessel discharges, minimization of pollutants in discharges can be
achieved without using highly engineered, complex treatment systems.
The sVGP also requires the owner/operator to inspect the vessel
quarterly and take any corrective action, as necessary, and certify to
such on the PARI form each year.
E. Summary of Significant Changes From the Proposed sVGP
EPA received comments from more than 70 commenters and based on
those comments, the Agency made a number of revisions to the proposed
permit as reflected in today's action. Significant changes from the
proposed permit are summarized below and discussed in more detail in
the permit fact sheet and in the response to comments document
available in the docket (Docket ID No. EPA-HQ-OW-2011-0150 accessible
at http://www.regulations.gov):
1. Removed the requirement that only vessels with less than 8 cubic
meters of
[[Page 53706]]
ballast water are eligible for sVGP coverage.
2. Added a provision that, when feasible and safe, operators must
use ballast water pumps instead of gravity draining to empty these
tanks.
3. Defined what it means for an environmentally acceptable
lubricant (EAL) to be ``technically infeasible'' for a vessel to use as
the term is used in the permit describing when EALs may not be required
and added the Swedish Standard SS 155434, Convention for the Protection
of the Marine Environment of the North-East Atlantic (OSPAR)
requirements, and EPA's Design for the Environment (DfE) to the list of
acceptable labeling programs for EALs.
4. Clarified the prohibition against discharging unused bait
overboard is specific to unused ``live'' bait from a different water
body.
5. Added a condition that accumulated bilgewater must be removed,
to the extent practicable, prior to transporting a vessel from one
waterbody to another over land.
6. Added a prohibition against using any other organotin compound
(beyond an absolute prohibition of tributyl tin) as a hull coating
except in certain instances.
7. Clarified vessel hull cleaning should not be done within 90 days
of painting, unless the vessel's hull is ``substantially fouled'' and
that cleaning of hulls does not necessarily have to done using ``only
soft sponges.''
8. Clarified that discharges from continuous ``once-through''
ambient water used for keeping the catch alive during transit is not
subject to the permit requirements for discharging to shore-based
facilities.
9. Clarified that ``periodic'' inspections of the engine and of the
hull are to be done at least quarterly.
10. Clarified that any problems identified during the quarterly
visual inspection or when inspecting fuel and hydraulic systems for
damage or leaks must be corrected as soon as possible.
11. Added a condition that a quarterly inspection is not required
on vessels that are not in the water for that quarter but this must be
documented on the PARI form for that quarter.
12. Added definitions for several terms used in the permit,
including ``ballast tank,'' ``ballast water,'' ``ballast water
capacity,'' ``fish hold,'' ``minimally-toxic,'' ``minimally-toxic
soaps, cleaners, and detergents,'' ``minimize,'' ``not
bioaccumulative,'' ``seafood processing,'' and ``sewage from vessels.''
13. Added State and Tribal-specific requirements for 21 states and
one tribe, pursuant to CWA Sec. 401, to the permit.
IV. Analysis of Economic Impacts of sVGP
A. Costs of the sVGP
EPA estimates that between 115,000 and 138,000 vessels are
potentially affected by the sVGP requirements. The establishments that
own and operate vessels that will be subject to the sVGP are primarily
associated with the fishing and water transportation industries, and
with the oil and gas sector within the mining industry. To estimate the
effect of sVGP requirements on an industry as a whole, EPA's analysis
takes into account previous conditions and determines how the industry
would act in the future in the absence of permit requirements. The
baseline for this analysis is full industry compliance with existing
federal and state regulations and with current industry practices or
standards that exceed current regulations to the extent that they can
be empirically observed. EPA estimated potential compliance costs to
vessels associated with each of the practices and discharge categories
identified in the sVGP, and with the inspection and recordkeeping
requirements. Overall, EPA finds that sVGP requirements could result in
total annual incremental costs for domestic vessels ranging between
$7.1 million and $16.9 million (2010$) in the aggregate. This includes
the paperwork burden costs and the incremental costs of all practices
for applicable discharge categories. Per vessel incremental compliance
costs average between $17 and $133 per year, depending on the number of
applicable discharge categories and baseline practices.
To evaluate economic impacts of sVGP requirements on the affected
industries, EPA performed a firm-level analysis. The firm-level
analysis examines the impact of incremental costs per vessel to comply
with the sVGP requirements on model firms that represent the financial
conditions of ``typical'' businesses in each of the examined industry
sectors. Since nearly all firms in the affected industries are small,
the firm-level analysis focuses on assessment of impacts on small
businesses. Further, given the distribution of revenue among firms in
the affected industry sectors, which suggests a relatively greater
potential for impacts to small firms in the commercial fishing
industry, EPA looked more specifically at this industry when assessing
the significance of impacts. To evaluate the potential impact of the
sVGP on small entities, EPA used a cost-to-revenue test to evaluate the
potential severity of economic impact on vessels and facilities owned
by small entities. The test calculates annualized pre-tax compliance
cost as a percentage of total revenues and uses a threshold of 1 and 3
percent to identify facilities that would be significantly impacted as
a result of this permit. Because the impact of sVGP compliance is
likely to be most significant for firms at the lower end of the firm
size spectrum, the analysis focused on firms in the smallest revenue
category in each industry. The results of this test provide estimated
compliance cost thresholds that range between $331 and $680 per year
(1%) and between $994 and $2,040 per year (3%), depending on the
industry. The estimated sVGP compliance costs ($17 to $133 per year)
are well below these thresholds. Based on this firm-level analysis
using the average characteristics of firms in the lowest revenue
category, EPA concludes that the sVGP will not have a significant
economic impact on a substantial number of small entities based on
information showing that firms would have lower compliance costs than
would exceed the 1 percent cost-to-revenue threshold under high-end
cost assumptions.
B. Benefits of the sVGP
Although EPA was unable to evaluate the expected benefits of the
permit in dollar terms due to data limitations, the Agency collected
and considered relevant information to enable qualitative consideration
of ecological benefits and to assess the importance of the ecological
gains from the revisions. EPA expects that reductions in vessel
discharges will benefit society in two broad categories: (1) Enhanced
water quality from reduced pollutant discharges and (2) reduced risk of
invasive species introduction.
Because many of the nation's busiest ports are considered to be
impaired by a variety of pollutants found in vessel discharges,
reducing pollutant loadings from these discharges is expected to have
benefits associated with the reduction of concentrations of nutrients,
metals, oil, grease, and toxics in waters with high levels of vessel
traffic.
V. Executive Orders 12866 and 13563
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)) this
action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under Executive Orders 12866 and 13563 (76 FR 3821) and any
changes made in response to OMB recommendations have been documented in
the docket for this action.
[[Page 53707]]
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.
Dated: August 21, 2014.
Deborah A. Szaro,
Deputy Regional Administrator, EPA Region 1.
Dated: August 21, 2014.
Joan Leary Matthews,
Director, Clean Water Division, EPA Region 2.
Dated: August 21, 2014.
Jose C. Font,
Director, Caribbean Environmental Protection Division, EPA Region 2.
Dated: August 21, 2014.
Jon M. Capacasa,
Director, Water Protection Division, EPA Region 3.
Dated: August 21, 2014.
Gail D. Mitchell,
Deputy Director, Water Protection Division, EPA Region 4.
Dated: August 21, 2014.
Timothy C. Henry,
Deputy Director, Water Division, EPA Region 5.
Dated: August 21, 2014.
James R. Brown,
Acting Deputy Director, Water Quality Protection Division, EPA Region
6.
Dated: August 21, 2014.
Karen Flournoy,
Director, Water, Wetlands, and Pesticides Division, EPA Region 7.
Dated: August 21, 2014.
Darcy O'Connor,
Acting Assistant Regional Administrator, Office of Partnerships and
Regulatory Assistance, EPA Region 8.
Dated: August 21, 2014.
Nancy Woo,
Associate Director, Water Division, EPA Region 9.
Dated: August 21, 2014.
Daniel Opalski,
Director, Office of Water and Watersheds, EPA Region 10.
[FR Doc. 2014-21408 Filed 9-9-14; 8:45 am]
BILLING CODE 6560-50-P