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EPA's Vessel General Permit and Small Vessel General

EPA's Vessel General Permit and Small Vessel General

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submitted or required to be maintained under the sVGP shall, upon conviction, be punished by a<br />

fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per<br />

violation, or by both. In addition, false statements or representations, as well as alterations or<br />

false entries in documents, may be punishable by more severe criminal penalties pursuant to 18<br />

USC §1001 or 18 USC §1519.<br />

To monitor <strong>and</strong> insure compliance with its sVGP, EPA will:<br />

� Develop <strong>and</strong> implement a monitoring <strong>and</strong> compliance plan within 1 year of finalization<br />

of the permit to assess the performance of the permit in protecting listed resources.<br />

� Organize a meeting with their Office of Enforcement <strong>and</strong> Compliance Assurance for the<br />

Services to discuss <strong>and</strong> provide input to OECA’s inspection <strong>and</strong> enforcement plans for<br />

the sVGP.<br />

� Work with USCG, with the input of the Services, to update the inspection <strong>and</strong><br />

enforcement document inspection checklist (i.e., Job Aide) to reflect sVGP requirements<br />

� Conduct outreach to the states to raise awareness about small vessel requirements; EPA<br />

will encourage States to check records of quarterly self-inspection records <strong>and</strong> visible<br />

portions of the hull while inspecting vessels when implementing their own programs.<br />

� Develop trainings covering the small vessel requirements <strong>and</strong> share these with the Coast<br />

Guard <strong>and</strong> States<br />

The EPA will provide the Services with a yearly summary of the number of inspections (by<br />

EPA, the Coast Guard, States or other sources) <strong>and</strong> results (including number of inspections by<br />

type of vessel, location when available, <strong>and</strong> number <strong>and</strong> type of deficiencies). During a Senior<br />

Manager’s Meeting (October 19, 2012), EPA assured the Services that a subset of small vessels<br />

would be inspected.<br />

Reinitiation Clause<br />

Additional Actions Taken by EPA to Protect Listed Resources<br />

The VGPs include permit reopener clauses which state that the permits are subject to<br />

modification based on the receipt of new information that was not available at the time of permit<br />

issuance <strong>and</strong> would have justified the application of different permit conditions at the time of<br />

permit issuance. This new information may include data indicating greater than anticipated ANS<br />

invasion rates, new technologies to minimize ANS invasions that were not available at the time<br />

of permit issuance, discharge concentrations or volumes, pollutant risks, compliance or lack<br />

thereof, <strong>and</strong> adverse affects to listed resources that were not considered in the BE. This<br />

information would also allow EPA to determine whether reinititation of formal ESA Section 7<br />

consultation would be required as provided in 50 CFR 402.16, as described in the Fact Sheets.<br />

VGP Requirements<br />

The EPA will include the following language in the VGP Fact Sheet to minimize exposure<br />

<strong>and</strong>/or adverse affects to listed resources. The EPA requires vessel owners/operators to:<br />

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