Ship pumping ballast water.
Photograph Attribution: US Coast Guard, Public domain, via Wikimedia Commons
Alabama Department of Environmental Management
1400 Coliseum Blvd., Montgomery, Alabama 36110-2400
P.O. Box 301463, Montgomery, Alabama 36130-7950
adem.alabama.gov
January 6, 2021
Ms. Nelly Montanez
Environmental Review, Inc.
1792 Rogers Avenue
San Jose, California 95112
Dear Ms. Montanez:
Re: Coastal Consistency Determination
EPA Rulemaking --- Vessel Incidental Discharge National Standards of Performance
The Department reviewed your e-mail dated December 30, 2020 concerning the Coastal Consistency Determination (CD) for the Vessel Incidental Discharge National Standards of Performance that is being proposed by the U.S. Environmental Protection Agency (EPA). I would note that several of your comments are related to the technical standards associated with the Vessel Incidental Discharge National Standards of Performance that are being proposed by EPA and comments on those technical standards should be submitted directly to EPA.
On November 4, 2020 the Department received EPA’s CD that its proposed rules for the Vessel Incidental Discharge National Standards of Performance are consistent to the maximum extent practicable with the enforceable policies of the Alabama Coastal Area Management Program (ACAMP). The Department reviewed the information submitted by EPA and determined that the proposed rule will not cause negative impacts to Alabama’s coastal area. This, the Department has concurred with EPA’s CD.
ADEM Administrative Code 335-8-1-.14(3) states that “The Department will provide post notice of final determinations made on permit or variance applications to those individuals who properly request such notice in writing to the Department during the public comment period”. This correspondence fulfills the requirements of the ADEM Administrative Code.
In the event you have any questions feel free to contact Mr. Scott Brown who oversees the ADEM Coastal Program at 251/304-1176.
Sincerely,
Anthony Scott Hughes, Chief
Field Operations Division
__________________________________________________________
December 30, 2020
J. Scott Brown, Chief
Mobile Branch Office
Alabama Department of Environmental Management
3664 Dauphin Street, Suite B
Mobile, Alabama 36608-1211
Via email at This email address is being protected from spambots. You need JavaScript enabled to view it.
Re: Alabama Department of Environmental Management, Mobile and Baldwin Counties Notice of Request For A Review Of A Federal Agency’s Consistency Determination For A Proposed Federal Action Public Notice - 591, Comments Due 12-31-20
Dear Mr. Brown,
Environmental Review, Inc. has reviewed the proposed rule and has the following comments:
1) Please make sure the relevant documents for review are uploaded properly to the Alabama Department of Environmental Management (ADEM) Public Notices webpage to foster community involvement. In this case, the links to the proposed rule and to the Alabama Coastal Area Management Program IV, were not provided. We recommend that the pertinent information should be readily available with the comment period public notice.
2) EPA’s proposed rule, supporting documentation, and the Alabama Coastal Area Management Program IV (ACAMP) documents are both several hundred pages long and create a challenge to review and submit public comments for in such a limited time period. In order to foster community involvement, please extend the Public Comment period for an additional 30 or more days to allow me and the general public more time to conduct a thorough review and provide feedback of the documents.
3) Page 1-21 - According to the Alabama Department of Environmental Management Coastal Area Management Program Division 335-8, for any federal agency activity that may impact the coast, the federal agency must determine consistency with the coastal management program. Does the ADEM have cause to believe that the proposed rule will impact Alabama’s coastal area? Additionally, did the EPA submit its consistency determination to the ADEM?
4) Commercial fishing vessels and other non-recreational vessels less than 79 feet in length are currently covered under the 2013 Vessel General Permit (VGP) or EPA’s small VGP (sVGP). Per the proposed Vessel Incidental Discharge National Standards of Performance, vessels less than 79 feet in length are exempt. However, the rule applies to any discharge of ballast water. The document failed to present statistics on the effective impact of the proposed rule. We suggest that the State of Alabama provide information on these impacts (e.g., add a table showing how many vessels are currently regulated and provide information as to the number of vessels that will be both impacted and left unregulated by the proposed rule).
5) The federal rule proposes to not require vessel operators to minimize/avoid uptake of ballast water in certain areas and situations (e.g., toxic algal blooms).1 The proposed rule would appear to result in a failure to follow BMPs; therefore, the proposed rule should not be adopted. Not requiring this BMP makes the proposed standards less stringent than the existing 2013 VGP (i.e., operators would be able to uptake ballast water in areas known to have infestations or populations of harmful organisms and pathogens).
6) Page 67874 - Per Section X, 7th full paragraph, of the Vessel Incidental Discharge National Standards of Performance, “the proposed rule does not include implementation, compliance, or enforcement provisions”. The USCG is set to promulgate the monitoring and enforcement requirements of the proposed standards, conceivably indicating the new role for each state. The final rule should specify what measures the State of Alabama will take to prepare for a smooth transition. Additionally, the final rule should specify what the State of Alabama will be required to do to ensure the coastal waters are protected during any transitional period.
When responses to these comments are available, please email them to me at This email address is being protected from spambots. You need JavaScript enabled to view it..
Thank you,
Nelly Montanez (Associate in Illinois)
Environmental Reviewer
Environmental Review, Inc. (501 (c)(3) Nonprofit Public Benefit Corporation)
1792 Rogers Avenue
San Jose, CA 95112
Footnotes
1 Vessel Incidental Discharge National Standards of Performance section VIII. Development of National Discharge Standards of Performance, B. Discharges Incidental to the Normal Operation of a Vessel - Specific Standards, 2. Ballast Tanks, IV. Ballast Water Best Management Practices (BMPS), H. Best Management Practices Not Continued From Existing Requirements