EPA's Vessel General Permit and Small Vessel General

and was reviewed by NMFS in its Biological Opinion for the EPA-NMFS consultation on
Pesticides Containing Chlorpyrifos, Diazinon, and Malathion (NMFS 2008d). In a review of
ECOTOX data in this Biological Opinion, the lowest fish LOEC reported was 0.15 ug/L for
fathead minnow reproduction. Numerous fish studies reported LOECs at or below 10 ug/L.
Additionally, salmonid prey species are also sensitive to sublethal effects of nonylphenol. The
amphipod, Corophium volutator, grew less and had disrupted sexual differentiation (Brown et al.
1999). Multiple studies with fish indicated that nonylphenol disrupts fish endocrine systems by
mimicking the female hormone 17B-estradiol (Arsenault et al. 2004; Brown and Fairchild 2003;
Hutchinson et al. 2006; Jardine et al. 2005; Lerner et al. 2007a; Lerner et al. 2007b; Luo et al.
2005; Madsen et al. 2004; McCormick et al. 2005; Segner 2005). NP induced the production of
vitellogenin in fish at concentrations ranging from 5-100 ug/L (Arukwe and Roe 2008; Hemmer
et al. 2002; Ishibashi et al. 2006; Schoenfuss et al. 2008). Vitellogenin is an egg yolk protein
produced by mature females in response to 17-β estradiol, however immature male fish contain
the capacity to produce vitellogenin if exposed to estrogenic compounds. As such, vitellogenin is
a robust biomarker of exposure. A retrospective analysis of an Atlantic salmon population crash
suggested the crash was due to NP applied as an adjuvant in a series of pesticide applications in
Canada (Brown and Fairchild 2003; Fairchild et al. 1999). Additionally, processes involved in
sea water adaptation of salmonid smolts are impaired by NP (Jardine et al. 2005; Lerner et al.
2007a; Lerner et al. 2007b; Luo et al. 2005; Madsen et al. 2004; McCormick et al. 2005).
Since graywater discharges primarily contain the NP precursors, there is little concern that direct
acute exposures to NP discharge plumes would occur. Additionally EPA proposes to add the
following sentence to the VGP and sVGP fact sheets definition of minimally toxic: “EPA
expects that soaps that are “minimally toxic” will contain little to no nonylphenols.” For these
reasons, NMFS concludes that nonylphenols from vessel discharges are not expected to result in
harmful levels in waters where our species occur.
Programmatic Summary
In this section, we summarize whether and to what degree EPA has structured the VGPs, as well
as monitoring and compliance, to insure that vessel discharges into waters of the U.S. are not
likely to jeopardize the continued existence of endangered species or threatened species or result
in the destruction or adverse modification of critical habitat that has been designated for those
species. In this evaluation, we ask whether or to what degree EPA has structured its proposed
permits so that the Agency (1) understands the scope of its action; (2) reliably estimates the
physical, chemical, or biotic stressors that are likely to be produced as a direct or indirect result
of their action; (3) reliably estimates the exposure of ESA-listed resources (species and
designated critical habitat) to these stressors; (4) collects and monitors information on authorized
activities throughout the life of the permit; (5) evaluates the information to assess how its
actions have affected listed resources; (6) monitors and enforces permit compliance; and (7)
modifies its action if new information (including inadequate protection for species or low levels
of compliance) becomes available.
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