Program Status Reports
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- Report to Congress: Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 79 Feet
This study was conducted to meet the obligations of EPA under Public Law (P.L.) 110-299 (July 31, 2008). The law provided for a two-year moratorium on National Pollutant Discharge Elimination System (NPDES) permitting of discharges from commercial fishing vessels, regardless of size, and other non-recreational vessels less than 79-feet long that were subject to the 40 CFR 122.3(a) exclusion. This report summarizes the primary pollutant concentrations in the discharges sampled and evaluates the potential environmental impact of these discharges on large water bodies.
- Report to Congress: Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 79 Feet (PDF)
(598 pp, 18MB)
- Cover; Acknowledgements and Table of Contents (PDF)
(15 pp, 756K)
- Executive Summary (PDF)
(8 pp, 174K)
- Chapter 1: Introduction (PDF)
(38 pp, 3.8MB)
- Chapter 2: Study Design (PDF)
(28 pp, 4.1MB)
- Chapter 3: Analysis of Discharges and Potential Impact to Human Health and the Environment (PDF)
(301 pp, 5.0MB)
- Chapter 4: Potential Large-scale Impacts of Study Vessels’ Incidental Discharges to Human Health and the Environment (PDF)
(33 pp, 435K)
- Chapter 5: Summary of Findings (PDF)
(21 pp, 432K)
- Chapter 6: Analysis of the Extent to Which Incidental Discharges are Currently Subject to Regulation Under Federal Law or a Binding International Obligation of the United States (PDF)
(36 pp, 337K)
- Chapter 7: References (PDF)
(7 pp, 124K)
- Appendices (PDF)
(111 pp, 3.7MB)
- State 401 Certification Letters
Section 401(d) of the Clean Water Act (CWA) provides that any certification under the Act "shall set forth any effluent limitations and other limitations, and monitoring requirements" necessary to assure that any applicant for a federal license or permit will comply with any applicable CWA-based effluent limitations and other limitations, standards of performance, prohibitions, effluent standards, or pretreatment standards, and with any other appropriate requirements of State and Tribal law. Section 401(d) further provides that such additional limitations and monitoring requirements "shall become a condition on any Federal license or permit subject to the provisions of this section." Pursuant to section 401(d), EPA has attached provisions provided by States and Tribes in their CWA § 401 certifications; those that constitute effluent or other limitations or monitoring requirements are enforceable conditions of this permit.
Part 6 of the Final Vessel General Permit (VGP) identifies provisions provided to EPA by States and Tribes in their CWA § 401 certifications that the States and Tribes deemed necessary to assure compliance with applicable provisions of the CWA and any other appropriate requirements of State and Tribal law. See 33 U.S.C. 1341(d); 40 C.F.R. § 124.53(e)(1). Pursuant to CWA § 401(d), EPA has attached those State and Tribal provisions to the final VGP; those that constitute effluent or other limitations or monitoring requirements are enforceable conditions of the federal permit. American Rivers, Inc. v. FERC, 129 F.3d 99, 107 (2nd Cir. 1997). These conditions are subject to review in State and Tribal administrative and judicial tribunals with appropriate jurisdiction. 40 C.F.R. § 124.55(e); American Rivers, Inc. v. FERC, 129 F.3d 99, 102 (2nd Cir. 1997); Roosevelt Campobello Int'l Park Comm'n v. EPA, 684 F.2d 1041, 1056 (1st Cir. 1982). The complete certification letters which contained additional permit conditions received from each State and Tribe are below.
Additional State and tribal certification letters are available in the docket for this permit, available at www.regulations.gov under docket number EPA-HQ-OW-2008-0055.
- Vessels General Permit Settlement Agreement (Case 09-1089) (PDF)
(39 pp, 2.95MB)
This settlement agreement is between EPA and several environmental groups and the State of Michigan regarding their legal challenge to the Vessels General Permit.
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