EPA's Vessel General Permit and Small Vessel General

In conclusion, the Service evaluated EPA’s BE and identified specific discharges (anti-fouling
hull coatings and exhaust gas scrubbers) and pollutants (copper and selenium) that could pose
substantial risks to listed species. Considering the uncertainties described above, EPA, with the
technical assistance of the Services, will identify metrics for assessing selenium and copper
loadings to waters inhabited by ESA-listed species. EPA will evaluate vessel data and identify
ports/locations where the metric has been exceeded and, as appropriate, identify and implement
additional actions to reduce any unacceptable risk.
ANS
According to the BE, EPA considered the individual life history for 612 threatened and
endangered species (those identified by EPA to represent all listed species that occur in the
action area) to assess exposure and the likelihood of adverse effects from ANS. They anticipate
that both permits will “significantly benefit listed species due to the anticipated reduction in
potential ANS release from ballast water due to the requirements of the VGP and sVGP.” While
we agree that ANS invasions are likely to be reduced as a result of the VGP ballast water
numeric standards, we do not agree that there are similarly effective requirements in the sVGP.
Furthermore, there are few requirements to prevent the introduction of ANS through hull fouling,
underwater hull husbandry, and other discharges (i.e., chain lockers, seachests, and fish holds).
In the BE, EPA describes a “relatively low historic potential for adverse impacts from ANS
introductions,” but their literature review identifies invasive species introductions as the second
greatest threat to biodiversity, with shipping as the greatest source of ANS introductions to
marine and coastal ecosystems. Our literature review similarly indicates that ANS introductions
have led to the endangerment and extinction of species. Therefore, there is a high potential for
adverse impacts from ANS introductions as a result of discharges authorized by the VGPs.
Despite anticipating a reduction in ANS introductions, EPA does not expect ANS invasions to
cease as a result of their VGPs. In light of limited data and uncertainty quantifying the risk of
ANS introduction, EPA concluded that ANS introductions as a result of their action “may affect”
aquatic species and their critical habitat. They concluded that aquatic listed species, including all
listed species under NMFS’ authority, may be affected by new vessel-discharge-related ANS,
and thus made a “may affect” determination for these species. We agree that the species
considered by EPA may be affected by discharges containing ANS that are authorized by their
VGPs.
(6) Compliance
Here we ask whether EPA has a mechanism to reliably determine whether and to what degree
operators have complied with the conditions, restrictions, or mitigation measures required of the
VGPs.
To monitor and insure compliance with its VGP, EPA will develop, with the technical assistance
of the Services, and implement a monitoring and compliance plan by December 2013 to assess
the performance of the permit in protecting listed resources. Currently, the U.S. Coast Guard
conducts all inspections of vessels covered under the VGP using the EPA and USCG jointly
developed Job Aid, i.e., “Guidelines for Coast Guard Evaluations of Compliance with the US
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