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Federal Register/Vol. 85, No. 207/Monday, October 26, 2020

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Federal Register/Vol. 85, No. 207/Monday, October 26, 2020 67818 Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules ENVIRONMENTAL PROTECTION All submissions received must include 1. General Operation and Maintenance AGENCY the Docket ID No. for this rulemaking. 2. Biofouling Management Comments received may be posted 3. Oil Management 40 CFR Part 139 without change to https:// 4. Training and Education B. Discharges Incidental to the Normal [EPA–HQ–OW–2019–0482; FRL–10015–54– www.regulations.gov, including any Operation of a Vessel—Specific OW] personal information provided. For Standards detailed instructions on sending 1. Ballast Tanks RIN 2040–AF92 comments and additional information 2. Bilges on the rulemaking process, see the 3. Boilers Vessel Incidental Discharge National 4. Cathodic Protection Standards of Performance ‘‘General Information’’ heading of the SUPPLEMENTARY INFORMATION section of 5. Chain Lockers 6. Decks AGENCY: Environmental Protection this document. Out of an abundance of 7. Desalination and Purification Systems Agency (EPA). caution for members of the public and 8. Elevator Pits ACTION: Proposed rule. our staff, the EPA Docket Center and 9. Exhaust Gas Emission Control Systems Reading Room are closed to the public, 10. Fire Protection Equipment SUMMARY: The U.S. Environmental with limited exceptions, to reduce the 11. Gas Turbines Protection Agency (EPA) is publishing risk of transmitting COVID–19. Our 12. Graywater Systems for public comment a proposed rule Docket Center staff will continue to 13. Hulls and Associated Niche Areas under the Vessel Incidental Discharge provide remote customer service via 14. Inert Gas Systems Act that would establish national email, phone, and webform. We 15. Motor Gasoline and Compensating standards of performance for marine Systems encourage the public to submit 16. Non-Oily Machinery pollution control devices for discharges comments via https:// incidental to the normal operation of 17. Pools and Spas www.regulations.gov or email, as there 18. Refrigeration and Air Conditioning primarily non-military and non- may be a delay in processing mail and 19. Seawater Piping recreational vessels 79 feet in length and faxes. Hand deliveries and couriers may 20. Sonar Domes above into the waters of the United be received by scheduled appointment C. Discharges Incidental to the Normal States or the waters of the contiguous only. For further information on EPA Operation of a Vessel—Federally- zone. The proposed national standards Docket Center services and the current Protected Waters Requirements of performance were developed in status, please visit us online at https:// D. Discharges Incidental to the Normal coordination with the U.S. Coast Guard Operation of a Vessel—Previous VGP www.epa.gov/dockets. Discharges No Longer Requiring Control (USCG) and in consultation with FOR FURTHER INFORMATION CONTACT: Jack interested Governors. The proposed IX. Procedures for States To Request Changes Faulk at (202) 564–0768; faulk.jack@ to Standards, Regulations, or Policy standards, once finalized and epa.gov or Katherine Weiler at (202) Promulgated by the Administrator implemented through corresponding 566–1280; [email protected] of A. Petition by a Governor for the USCG regulations addressing the Oceans and Coastal Management Administrator To Establish an implementation, compliance, and Branch (4504T), U.S. Environmental Emergency Order or Review a Standard, enforcement, would reduce the Protection Agency, 1200 Pennsylvania Regulation, or Policy B. Petition by a Governor for the discharge of pollutants from vessels and Avenue NW, Washington, DC 20460. streamline the current patchwork of Administrator To Establish Enhanced SUPPLEMENTARY INFORMATION: This federal, state, and local vessel discharge Great Lakes System Requirements supplementary information is organized requirements. Additionally, EPA is C. Application by a State for the as follows: Administrator To Establish a State No- proposing procedures for states to Discharge Zone I. Public Participation follow if they choose to petition EPA to X. Implementation, Compliance, and issue an emergency order, to review any A. How should I submit written comments? Enforcement standard of performance, regulation, or II. Legal Authority XI. Regulatory Impact Analysis policy, to request additional III. Executive Summary XII. Statutory and Executive Order Reviews requirements with respect to discharges IV. Background A. Executive Order 12866: Regulatory in the Great Lakes, or to apply to EPA A. Clean Water Act Planning and Review and Executive to prohibit one or more types of vessel B. Additional U.S. and International Order 13563: Improving Regulation and discharges proposed for regulation in Authorities Regulatory Review C. Environmental Impacts of Discharges for B. Executive Order 13771: Reducing this rulemaking into specified waters to Regulation and Controlling Regulatory provide greater environmental Which Technology-Based Standards Would Be Established by This Rule Costs protection. V. Scope of the Regulatory Action C. Paperwork Reduction Act DATES: Comments must be received on A. Waters D. Regulatory Flexibility Act or before November 25, 2020. Under the B. Vessels E. Unfunded Mandates Reform Act C. Incidental Discharges F. Executive Order 13132: Federalism Paperwork Reduction Act (PRA), G. Executive Order 13175: Consultation comments on the information collection D. Emergency and Safety Concerns E. Effective Date and Coordination With Indian Tribal provisions are best assured of VI. Stakeholder Engagement Governments consideration if the Office of A. Informational Webinars and Public H. Executive Order 13045: Protection of Management and Budget (OMB) Listening Session Children From Environmental Health receives a copy of your comments on or B. Post-Proposal Public Meetings and Safety Risks before November 25, 2020. C. Consultation and Coordination With I. Executive Order 13211: Actions Concerning Regulations That ADDRESSES: Submit your comments to States Significantly Affect Energy Supply, the public docket for this proposed rule, VII. Definitions VIII. Development of National Discharge Distribution, or Use identified by Docket No. EPA–HQ–OW– Standards of Performance J. National Technology Transfer and 2019–0482, at https:// A. Discharges Incidental to the Normal Advancement Act www.regulations.gov. Follow the online Operation of a Vessel—General K. Executive Order 12898: Federal Actions instructions for submitting comments. Standards To Address Environmental Justice in VerDate Sep<11>2014 17:58 Oct 23, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26OCP2.SGM 26OCP2 Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Proposed Rules 67819 Minority Populations and Low-Income EPA continues to carefully and reduce the discharge of pollutants from Populations continuously monitor information from vessels. XIII. References the Centers for Disease Control and More specifically, the new CWA I. Public Participation Prevention (CDC), local area health Section 312(p) directs the Administrator departments, and our Federal partners of EPA (Administrator) to develop A. How should I submit written so that we can respond rapidly as national standards of performance in comments? conditions change regarding COVID–19. consultation with interested Governors EPA solicits comment on the and with the concurrence of the proposed rule during the public II. Legal Authority Secretary of the department in which comment period. Submit your EPA proposes this rule under the the USCG is operating (Secretary) by comments, identified by Docket ID No. authority of Clean Water Act Sections December 2020. With limited EPA–HQ–OW–2019–0482, at https:// 301, 304, 307, 308, 312, and 501 as exceptions, the VIDA requires that the www.regulations.gov. Once submitted, amended by the Vessel Incidental standards be at least as stringent as comments cannot be edited or removed Discharge Act. 33 U.S.C. 1311, 1314, EPA’s 2013 National Pollutant from the docket. EPA may publish any 1317, 1322, and 1361. Discharge Elimination System (NPDES) comment received to its public docket. Vessel General Permit (VGP) Do not submit to EPA’s docket at III. Executive Summary requirements established under CWA https://www.regulations.gov any Discharges incidental to the normal Section 402. See 33 U.S.C. information you consider to be operation of a vessel, also referred to as 1322(p)(4)(B)(iii) (EPA standards); id. Confidential Business Information (CBI) ‘‘incidental discharges’’ or ‘‘discharges’’ (5)(A)(ii) (USCG requirements). The or other information whose disclosure is in this rulemaking, can have adverse VIDA also requires that the standards be restricted by statute. Multimedia impacts on aquatic ecosystems and technology-based using a similar submissions (audio, video, etc.) must be other potential impacts such as to approach to that outlined by the CWA accompanied by a written comment. human health through contamination of for setting, among other things, effluent The written comment is considered the food from aquaculture/shellfish limitation guidelines. Additionally, the official comment and should include harvesting areas because the discharges VIDA requires the USCG to develop discussion of all points you wish to may contain pollutants such as aquatic corresponding implementation, make. To facilitate the processing of nuisance species (ANS), nutrients, compliance, and enforcement comments, commenters are encouraged bacteria or pathogens (e.g., Escherichia regulations within two
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