The VGP: From the Old to the New
Sean Ramach NPDES Programs Branch, Region 5
U.S. Environmental Protection Agency 09/06/2013
This presentation is informational only and does not provide official EPA regulatory or enforcement decisions.
Why the VGP? Regulatory Exclusion at 40 CFR 122.3(a) of vessel discharges. EPA received petition to regulate ballast water under NPDES program. EPA denied petition based on Congressional acquiescence and Coast Guard authority under National Invasive Species Act. Ruling that the exclusion exceeded the Agency’s authority under the CWA. Final order vacating the regulatory exclusion as of September 30, 2008. EPA issues the final VGP on December 19, 2008.
All discharges incidental to normal operation of non-recreational vessels 79 feet or longer, except commercial fishing vessels.
For ballast water discharges, permit covers all non-recreational vessels (including commercial fishing vessels and vessels less than 79 feet).
EPA reissued the 2013 VGP on March 28, 2013 and it takes effect on December 19, 2013. EPA intends to issue the small Vessel General Permit in fall 2013. P.L. 112-213 enacted in December 2012 extended the moratorium for vessels covered by the sVGP to December 19, 2014.
Revising the VGP Ballast Water
Exhaust Gas Scrubber Effluent
Oil to Sea Interfaces (product substitution requirement)
Hull Husbandry Practices
Fish Hold Effluent
Additional Monitoring
Administrative Changes and Efficiency Improvements Combined Reporting
Reducing Redundancy
Changes to Inspections
VGP Structure
Part 1 – Coverage under the Permit Part 2 – Effluent Limits and Related Requirements Part 3 – Corrective Actions Part 4 – Inspections, Monitoring, Reporting, and Recordkeeping Part 5 – Vessel Class-Specific Requirements Part 6 – State 401 Certification Conditions Appendices
Part 1 – Coverage under the Permit
Notice of Intent For the VGP, NOI is required only for certain vessels:
Greater than or equal to 300 gross tons; or
Have a ballast water capacity of at least 8 cubic meters.
Visit www.epa.gov/npdes/vessels/eNOI to access system.
A new NOI must be submitted for the 2013 VGP even if a NOI was provided for the 2008 VGP.
Existing permittees must submit a new NOI at least 7 days prior to
December 19, 2013 (by December 12, 2013).
All vessels seeking coverage that do not submit a NOI must complete a Permit Authorization and Record of Inspection (PARI) Form.
This form must be kept onboard the vessel at all times. (Part 4.2.1 discusses valid electronic form methods)
Vessels less than 79 feet are eligible to be covered under the 2013 VGP or may seek coverage under the small VGP.
What is Ballast Water? “Ballast Water” means any water and suspended matter taken on board a vessel to control or maintain, trim, draught, stability, or stresses of the vessel, regardless of how it is carried. 33 C.F.R 151.1504 Capacity is determined by calculating volume of water that can be held in any tank that ballast may be pumped into…even if used for other purposes. Unmanned, unpowered barges are not required to meet the ballast water management measures of Part 2.2.3.5.
Inland Vessels and Seagoing Vessels less than 1600 Gross Registered Tons (3000 Gross Tons) are not required to meet the numeric treatment limits in Section 2.2.3.5. Seagoing Vessels are defined in 33 CFR 151.2005. EPA encourages inland vessels and seagoing vessels in this size class to use alternate measures to reduce the number of living organisms in their ballast water discharges. These vessels must still meet the mandatory Best Management Practices required of all vessels.
Ballast Water BMPs Avoid the discharge or uptake of ballast water in areas / into waters subject to this permit within, or that may directly affect, marine sanctuaries, marine preserves, marine parks, or coral reefs or other waters listed in Appendix G waters. Minimize or avoid uptake of ballast water in the following areas and situations:
Areas known to have infestations or populations of harmful organisms and pathogens (e.g., toxic algal blooms). Areas near sewage outfalls. Areas near dredging operations. Areas where tidal flushing is known to be poor or times when a tidal stream is known to be turbid. In darkness, when bottom-dwelling organisms may rise up in the water column. Where propellers may stir up the sediment. Areas with pods of whales, convergence zones, and boundaries of major currents
Clean ballast tanks regularly to remove sediments in mid-ocean (when not otherwise prohibited by applicable law) or under controlled arrangements in port, or at drydock. No discharge of sediments from cleaning of ballast tanks is authorized in waters subject to this permit. Where feasible, utilize the high sea suction when the clearance is less than 5 meters (approximately 15 feet) to the lower edge of the seachest or the vessel is dockside to reduce sediment intake. When feasible and safe, you must use your ballast water pumps instead of gravity draining to empty your ballast water tanks, unless you meet the treatment limits found in Part 2.2.3.5 of this permit. Minimize the discharge of ballast water essential for vessel operations while in the waters subject to this permit. Suggested control measures to minimize the discharge of ballast water include, but are not limited to, transferring ballast water between tanks within the vessel in lieu of ballast water discharge. Another option is to use public water supply water for ballast or, for vessels not subject to the numeric limits in Part 2.2.3.5 of this permit, use water from a potable water generator as ballast. EPA notes that vessels not subject to the numeric limits in Part 2.2.3.5 of this permit should endeavor to take all reasonable steps to minimize or eliminate the discharge of untreated ballast water.
Revisions and Additions Exhaust Gas Scrubber Washwater
Numeric limitations consistent with IMO Section 10 requirements. Monitoring and Reporting.
Oil Sea Interfaces Must use environmentally acceptable lubricants unless technically infeasible. This must be documented to show no available alternatives or manufacturer specifications. The use of a non EAL must be reported in the annual report.
Bilge Water New Build Vessels after December 19, 2013 greater than 400 gross tons that may discharge bilgewater must monitor at least once per year for oil and grease content. If the concentrations are less than 5 ppm for 2 consecutive years, you do not need to monitor further if you meet certain equipment requirements.
Graywater The one addition to the graywater section is that new build vessels (December 2013) that have crew capacity greater than or equal to 15 and provide berths for those crew or any vessels operating within the Great Lakes will be required to conduct sampling twice a year.
Part 5: Barge Specific Requirements
Section 5.4 Barges (such as hopper barges, chemical barges, tank barges, fuel barges, crane barges, dry bulk cargo barges)
5.4.1 Additional Effluent Limits Whenever barges are pumping water from below deck, the discharge shall not contain oil in quantities that may be harmful as defined in 40 CFR Part 110. All tank barges must have spill rails and must plug their scuppers before any cargo operations if required by the vessel class society. Vessel owner/operators must clean out cargo residues (i.e. broom clean) such that any remaining residue is minimized before washing the cargo compartment or tank and discharging wash water overboard.
5.4.2 Supplemental Inspection Requirements After every instance of pumping water from areas below decks, or immediately following washing down the decks, you must conduct a visual sheen test.
Deck and Hold Cleaning Vessel owner/operators must minimize the introduction of on-deck debris, garbage, residue, and spill into deck washdown and runoff discharges. You must broom clean (or equivalent) exposed decks or use comparable management measures and remove all existing debris. Vessel owner/operators must clean out cargo residues (i.e. broom clean) such that any remaining residue is minimized before washing the cargo compartment or tank and discharging wash water overboard. If conducted at cleaning or loading facility,
may be covered by individual NPDES permit.
There may be no discharge of the effluent into the waters of the US. EPA has had discussions indicating that the waste water is disposed of in a sanitary sewer or used for dust suppression at facilities.
Part 4: Inspections Still a requirement for weekly or once per voyage inspections.
If multiple voyages within a week, can conduct limited scope inspections to areas with changes/activities.
Definition of voyage Loading/unloading Crew/master change
Extended Unmanned Periods. When vessel is unmanned for a period of 13 days or more.
EPA is allowing for inspections once every two weeks.
Document various factors and fluid levels in pre- and post- inspection.
Annual Inspections
Part 4: Recordkeeping
EPA has clarified the conditions for the use of electronic records. In a format that can be read in a similar manner as a paper record, Legally dependable with no less evidentiary value than their paper equivalent, and Accessible to the inspector during an inspection to the same extent as a paper copy stored on the vessel would be, if the records were stored in paper form.
For unmanned, unpowered barges, certain recordkeeping requirements are not required if general maintenance and a history of where the vessel has operated can be made available. (voyage log most significant)
Part 4: Reporting EPA is now requiring an Annual Report to eliminate confusion on the need to submit an annual noncompliance report and to replace the One Time Report from the 2008 VGP.
Submitted electronically by February 28 of the next year (starting in 2015)
Dec 19-31 of 2013 will be included in 2014 report
Current 2008 VGP permittees must still report consistent with that permit for 2013. Combined Annual Report for Unmanned, Unpowered Barges.
Same answers
No monitoring
Submitted electronically
Still have reporting requirements for ballast water, 24 hour and 5 day followup.
If you report an incident to the National Response Center, you no longer have to report that incident separately to the EPA. However, it must be documented in your records.
No noncompliance
NOI or unique identifier
Part 6 401 Certification Requirements
Vary from State to State – 28 States, Tribes, and Territories added additional conditions.
Some are being challenged in state courts or administrative proceedings.
To ensure they are fully compliant with the permit, permittees need to read the conditions for each States’ or Tribes’ waters in which they will be operating. If permittees have questions regarding conditions in a given State’s waters, EPA advises the permittees to contact the State Agency.
Certification documents are available on EPA website.
State 401 certification conditions include additional provisions for (varying by State):
Ballast Water - several States include various treatment standards
Bilgewater
Graywater
Underwater Ship Husbandry
Discharge Location Limitations
Resources Visit www.epa.gov/npdes/vessels
This website contains all the permit documents and links to websites and further information.
VGP fact sheet – Similar to a rule preamble, this document explains EPA’s logic behind
many decisions Industry groups’ compliance documents Docket
– Has numerous background papers, also includes Response to Comment Document and other supporting information.
– More documents available at www.regulations.gov, Docket # OW-2011-0141.
Webcasts Regional Contacts for Enforcement and Reporting
EPA Headquarters Robin Danesi Phone: 202-564-1846 Email: [email protected]
Region 5 (IL, IN, MI, MN, OH, WI) Sean Ramach Phone: 312-886-5284 Email: [email protected]
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Small Vessel General Permit (sVGP) (for non recreational, non military vessels < 79 feet)
Eligible for coverage if less than 79 feet and have less than 8 cubic meters of ballast water Slightly different structure than VGP
Draft Permit is less than 20 pages long Most important information up front Discharge limits in the middle Standard Permit Conditions and Other Requirements toward the end
Organized by management groups rather than by discharge types. No NOIs required.
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sVGP
Part 1 - Overview of Permit
Part 2 – Effluent Limitations and Related Requirements
Part 3 – Monitoring and Recordkeeping
Part 4 – Additional Requirements
Part 5 – State Specific Requirements
Part 6 – Definitions Part 7 – sVGP contacts Appendix A– Permit
Authorization and Record of Inspection Form
Management Area Highlighted management practices include:
2.1 General Requirements Oil, including oily mixtures, may not be discharged in quantities that may be harmful or cause a visible sheen
2.2 Fuel Management Regularly inspect the fuel and hydraulic systems for any damage or leaks, repair if found.
2.3 Engine and Oil Control Preference for environmentally acceptable lubricants
2.4 Solid and Liquid Waste Management
Prevent monofilament line, fishing nets, lines, lures, rope, bait boxes, and hooks from entering any waste stream covered by this permit
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Part 2 Effluent Limitations and Related Requirements (example language)
Management Area Highlighted management practices include:
2.5 Deck Washdown and Runoff Minimize the introduction of on deck debris, garbage, residue and spill into deck washdown and runoff discharges.
2.6 Vessel Hull Maintenance Must use phosphate free, non-toxic soaps
2.7 Graywater Minimize graywater discharges in areas that have heavy vessel traffic or recreational use and in marine sanctuaries, national wildlife refuges, national wild and scenic rivers, and national wilderness areas.
2.8 Fish Hold Effluent
Minimize discharge of fish hold or dirty ice while in port. If onshore treatment available, must use it.
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Part 2 Effluent Limitations and Related Requirements (example language)
Part 2 Effluent Limitations and Related Requirements (example language)
Management Area Highlighted management practices include:
2.9 Ballast Water When feasible, use one of the following measures to reduce the potential transfer or introduction of organisms to waters of the U.S.: • Use potable water for ballasting •Utilize onshore treatment or disposal methods for ballast water •For vessels that conduct fixed routes, capture and reuse ballast water in each port.
2.10 Seawater Cooling Overboard Discharge Minimize thermal impacts to the receiving waters by discharging seawater cooling overboard while the vessel is underway.
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Vessel owner/operator must: Read and follow the sVGP by implementing all applicable permit requirements. Sign and maintain a copy of the sVGP Permit Authorization and Record of Inspection (PARI) form.
Acknowledgement and Certification statements Corrective action and annual non-compliance forms
Conduct quarterly visual inspections each year. Document on PARI form.
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Monitoring and Recordkeeping
