NOTICES
DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Federal Consistency Under the Coastal Zone Management Act; National Performance Standards for Discharges Incidental to the Normal Operation of a Commercial Vessel
[50 Pa.B. 7248]
[Saturday, December 19, 2020]This notice is published under section 306(d)(14) of the Federal Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C.A. § 1455(d)(14)), regarding public participation during consistency determinations. The Department of Environmental Protection (Department), Coastal Resources Management Program has received notice that the United States Environmental Protection Agency (EPA) is proposing National performance standards for discharges incidental to the normal operation of a commercial vessel.
On October 26, 2020, the EPA proposed regulations under the Clean Water Act (CWA) (33 U.S.C.A. §§ 1251—1376), as amended by the Vessel Incidental Discharge Act (VIDA) of 2018, to establish National performance standards for discharges incidental to the normal operation of primarily commercial vessels (85 FR 67818 (October 26, 2020)). The proposed rule would establish National standards for primarily nonmilitary and nonrecreational vessels 79 feet in length and above, into the waters of the United States or the waters of the contiguous zone. The proposed National standards of performance were developed in coordination with the United States Coast Guard (USCG). The EPA contends that the proposed standards, once finalized and implemented through corresponding USCG regulations addressing implementation, compliance and enforcement, would reduce the discharge of pollutants from vessels and streamline the current patchwork of Federal, state and local vessel discharge requirements.
Additionally, the EPA is proposing procedures for states to follow if they choose to petition the EPA to issue an emergency order, to review any standard of performance, regulation or policy, to request additional requirements with respect to discharges in the Great Lakes, or to apply to the EPA to prohibit one or more types of vessel discharges proposed for regulation in the rulemaking into specified waters to provide greater environmental protection. The proposed rule would establish general and specific technology-based discharge standards of performance for approximately 82,000 domestic and international nonmilitary, nonrecreational vessels operating in the waters of the United States or the waters of the contiguous zone. Discharges from commercial vessels have been regulated under section 402 of the CWA (33 U.S.C.A. § 1342) regarding the National Pollutant Discharge Elimination System permitting regime through the 2013 Vessel General Permit (VGP).
The VIDA is intended to transfer authority for establishing discharge requirements for commercial vessels from the VGP permitting program to the new uniform national regulation-based program under section 312(p) of the CWA (33 U.S.C.A. § 1322(p)). With certain exceptions, VIDA requires that the proposed standards be at least as stringent as the general requirements contained in the 2013 VGP. Section 312(p) of the CWA, captioned ''uniform national standards for discharges incidental to normal operation of vessels,'' directs the EPA to promulgate performance standards that apply consistently throughout the country to the regulated vessel discharges covered by the proposed VIDA rule. Among Congress' purposes in enacting the VIDA is to provide for uniform, environmentally sound standards and requirements for the management of discharges. The approach does not allow for state-specific distinctions in the development of the technology-based standards. The EPA has further determined that the proposed rule is a de minimis Federal activity because the requirements in the proposed rule are not significantly different than those established under the 2013 VGP. Vessels are already required to meet the requirements of the 2013 VGP, and the EPA expects that the proposed changes in the rule from the VGP requirements will not generate significant, new or different coastal effects. The EPA expects that any direct or indirect coastal effects resulting from the proposed rule will be environmentally beneficial.
This activity is subject to Department review for Federal consistency because it is a Federal agency activity and will have reasonably foreseeable effects on the Commonwealth's coastal resources or uses.
In accordance with section 307 of the CZMA (16 U.S.C.A. § 1456) and the National Oceanic and Atmospheric Administration (NOAA) regulations at 15 CFR Part 930, Subpart C (relating to consistency for Federal agency activities), the EPA has determined that the proposed activity will be conducted in a manner consistent with the applicable enforceable policies of the Commonwealth's NOAA-approved Coastal Resources Management Program. Interested parties may request a copy of the Federal Consistency Determination from the Department contact listed as follows.
Questions regarding this review can be directed to Matthew Walderon, Federal Consistency Coordinator, at RA-Fed_Consistency@pa.gov or (717) 772-2196.
The Department will consider all comments received on or before Monday, January 4, 2021, before issuing a final Federal consistency concurrence or objection. Comments submitted by facsimile will not be accepted. All comments, including comments submitted by e-mail, must include the commentator's name and address. Commentators are encouraged to submit comments using the Department's online eComment tool at www.ahs.dep.pa.gov/eComment or by e-mail to ecomment@pa.gov. Written comments can be mailed to the Department of Environmental Protection, Policy Office, 400 Market Street, P.O. Box 2063, Harrisburg, PA 17105-2063.
PATRICK McDONNELL,
Secretary
[Pa.B. Doc. No. 20-1780. Filed for public inspection December 18, 2020, 9:00 a.m.]
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