Background and Overvie

of the 2013 Draft VGP ansVGP

Ryan Albert Ryan AlbertRobin DanesiJuhi SaxenaUS Environmental Protection Agency1/19/2012
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Outline

• Background of NPDES permittin

Background of NPDES permittin

discharges incidental to the norm

operation of vessels operating in operation of vessels operating in 

capacity of transportation (DINO

• Overview of the Draft 2013 VGP• Overview of the Draft 2013 sVG

Overview of the Draft 2013 sVG
Clean Water Act 

( ) CWA

) P

BasicsFor more info visit http://cfpub.epa.gov/npdes/• “Discharge of a pollutant” generally pr

without a 

p [ ( )] ermit 

[CWA section 301

(

a)]

• National Pollutant Discharge Eliminati

S

y( ) [ 

stem 

(NPDES

) Permits 

[CWA secti

– Individual permits– General permits General permits– Permit term not to exceed 5 years– For EPA For EPA

-issued permits State 401 cert

issued permits, State 401 cert

and CZMA concurrences required
Establishing NPDES Efflu

Li i m

its

• Effluent limits [CWA section 301(b

Effluent limits [CWA section 301(b

– Technology-based [CWA section 304

(TBEL)

• Generally, Best Available Technology (B

established on a Best 

Professional Judgment (BPJ) Professional Judgment (BPJ)

basis

– Water quality-based [CWA 

secti 301(b)(1)( )] (WQBEL) tion 301(b)(1)(

c)] (WQBEL)

• Generally, limit as stringent 

as necessar

y py to com

ply with 

applicable water quality standards 
Best Available Technolog

Best Available Technolog• Factors EPA uses to establish B

Factors EPA uses to establish B

Available Technology (BAT) incl

– cost of achieving BAT effluent red

cost of achieving BAT effluent red

– the age of equipment and facilities 

i ld nvo ve

d, 

– the process employed, 

– potential process changes, and– non-water 

qy 

ualit

y environmental im

including energy requirements
Exclusions

• Exclusions from NPDES Exclusions from NPDES

requirements include:

– Vessels operating as a means of Vessels operating as a means of

transportation beyond 3 mile limit 

Section 502(12)(B)] Section 502(12)(B)]

– Sewage from vessels or discharge

incidental to the normal operation incidental to the normal operation 

vessels of the Armed Forces, withmeaning [ of Section 312 [CWA Se

502(6)(A)]
Brief History and Key Dat

Brief History and Key Dat• Se

ptember 18, 2006, a U.S District Court i

order revoking regulation (40 C.F.R. 122.3effective in 2008

– Incidental discharges from vessels required per

Incidental discharges from vessels required per

Dec. 19, 2008

• Summer 2008: Congress passes two bills

– P.L. 110-288 exempts recreational vessels from 

permitting and develops regulatory regime unde312 of the Clean Water Act

– P.L. 110-299 creates a temporary moratorium fo

less than 79 feet and commercial fishing vesseregardless of size (except ballast water dischar

• December 18, 2008: EPA finalizes first Ves

General Permit (2008 VGP)
Brief History and Key Dat

Brief History and Key Dat• 2009–2011: EPA develops technical informatio

VGP

• December 15, 2010: EPA hosts listening sessi

collect additional information for next VGP. EPcollect additional information for next VGP. EP

docket to collect information

• November 30, 2011: EPA proposes 2013 VGP 

Small Vessel General Permit (sVGP) Small Vessel General Permit (sVGP)

• February 21, 2012: Close of public comment p• By November 30, 2012: Finalize 2013 VGP an

By November 30, 2012: Finalize 2013 VGP an

• December 19, 2013: 2013 VGP and sVGP effe
Goals

• Use the best available science to info

determinations of appropriate technolbased and water-quality based limitat

• Improve administrative efficiency whe

feasible

– Reduce permittee confusion Reduce permittee confusion

• Produce a permit for non-recreational

military vessels less than 79 feet in camilitary vessels less than 79 feet in ca

NPDES moratorium not extended beyDecember 18, 2013

– Effluent limits generally Best Managem

Practices (BMPs)
Applicability

• Vessel General Permit ( ) VGP : non-recre

non-military vessels greater than 79 feet

– Military vessels, including Navy and Coast 

vessels are not covered and not impacted vessels, are not covered and not impacted

– Approximately 70,000 existing VGP 

vessels plus ~2,200 commercial 

fi hi l t th 79 f t fishing vessels greater than 79 feet

• Small Vessel General Permit 

(sVGP): non (sVGP): non-recreational,

non-military vessels less than 79 feet

– A i t l 118 000 t Approximately 118,000 to 

138,000 vessels eligible for coverage
VGP: Key Improvements VGP: Key Improvements

• Ballast Water Ballast Water• Exhaust Gas Scrubber Effluent• Oil to Sea Interfaces (product 

substitution requirement)

• Administrative Changes and Effici

Improvements

– Combined Reporting– Reducin

g y Redundanc

y

– Changes to Inspections
Science Advisory Board 

B ll W S d B

allast 

Water 

Stu

d

y

• EPA s’ Science Advisory Board (SAB) Pane

Science Advisory Board (SAB) Pane

evaluate the status of existing and potential shballast water treatment technologies and their meet different dischar

g (p e standards 

(Re

port fin

July 12, 2011)

• SAB Report Key Conclusions: International 

Organization (IMO) standard is achievable from Organization (IMO) standard is achievable from

technology and testing standpoint

– The state of technology does not support a TBE

more stringent than IMO for shipboard treatmen

– Issue of Detection/Quantification below IMO
National Academy of 

Si S d c

iences 

Stu

d

y

• National Academ

y of Sciences Nation

Research Council (NAS) Charge:

– The NAS study panel assessed methods to 

evaluate the risk of invasive species introduevaluate the risk of invasive species introdu

associated with ballast water discharges (report finalized June 2, 2011)

• NAS R t K C l i NAS

Repor

t

Key 

Conclusions:

– Found our ability to adequately quantify ris

from a “

profound lack of data”

– Concluded that the IMO standard is “clearly 

step forward” and that it “represents a sign

reduction in concentrations beyond ballast reduction in concentrations beyond ballast 

exchange”
Ballast Water Limits in th

Ballast Water Limits in th• Establish numeric limits set at a ran

g q e e

q

to proposed USCG Phase I limit as TechBased Effluent Limit (same as InternationMaritime Organization (IMO) limits) Maritime Organization (IMO) limits)

– Expressed as instantaneous maximum

Large Small Organisms Toxigenic Vibrio Eschericia In

Organisms

(> 50

μm)

Organisms

(>10μ and

≤50 μm)

cholerae (O1

&

O139)

Eschericia

coli

In

en

< 10 per

m3 < 10 per ml <1 cfu per 100 ml <250 cfu

per 100 ml

<10

• Found numeric Water Quality-Based Effl

Li it (WQBEL) i f ibl t l l t

per 100 ml 

Li

mit (WQBEL) in

feasible 

to calcula

t

e
Ballast Water Limit Applic

Ballast Water Limit Applic• Vessels for which the numeric TBE

Vessels for which the numeric TBE

not apply; hence, limits are BMPs:

– Unmanned,p g un

powered bar

ges

– Confined Lakers– Short distance voyage vessels Short distance voyage vessels– Seagoing/Inland vessels with 

less than 8 cubic meters of ballast water

– Shipboard Technology 

E l ti P (STEP) Evaluation 

Program (STEP)

vessels
Ballast Water Ballast Water

• Four possible options to meet limits:

– Use a treatment device– Use onshore treatment– Use potable water (from US and Canada only)– No discharge

• IMO

-equivalent implementation schedule equivalent implementation schedule

Vessel’s Ballast Water

Capacity Date Constructed Vessel’s 

D

New vessels After January 1, 2012 On d

Existingvessels

Less than 1500

m3 Before January 1, 2012 First schedu

after Jan

1500‐5000

m3 Before January 1, 2012 First schedu

after Jan

Greater than 5000

m3 Greater than 5000m Before January January

1, 2012 First schedu

schedu

after Jan
Ballast Water Monitoring Ballast Water Monitoring

• Monitoring requirements if using a treatment d

– Functional

• Goal is to test if the system functioning as designed

(e.g., applying chlorine dose, filtering water)

– Biological

• E. coli, enterococci, and total heterotrophic ba

– Active substance and residuals (for systems that 

Active substance and residuals (for systems that 

• Numeric limits for systems using chlorine, chlorine d

ozone, and peracetic acid

• Other parameters set at Gold Book values (if such 

Other parameters set at Gold Book values (if such 

were developed)

– Reduced frequency monitoring schedule available 

is one for which US government has high quality 

effi /t i it t l d t f fl d i 

fficacy/toxicity 

type approval d

a

ta 

from flag a

d

mi

or vendor
Ballast Water: Additional 

WQ b d i WQ

base

d requ

irement

• Certain vessels entering Certain vessels entering

the Great Lakes must conduct ballast water 

exchange/saltwater flushing in addition to treatment if they have treatment if they have

taken on ballast from freshwater or brackish 

water ecosystems within the previous month
Interim Ballast Water 

R i equ

irements

• Interim requirements must be met (Part 2.2.3.6

numeric limits apply

– Requirements fundamentally the same as the 2

• Interim requirements include: Interim requirements include:

– Incorporating existing Coast Guard mandatory 

management and exchange requirements

– Mandatory saltwater flushing for all vessels with 

ballast water and sediment (NOBOBs) coming outside the USEEZ and 200 nm from shore

– Mandatory exchange and flushing for vessels e

Pacific nearshore voyages 

– Conducting exchange as early as practicable Conducting exchange as early as practicable
Exhaust Gas Scrubber Ef

Exhaust Gas Scrubber Ef• Exhaust gas scrubber effluent is waste water that h

usedi l i l h d in cleaning vessel ex

haust gases

• Make IMO voluntary guidelines mandatory

– Guidelines include limits for pH turbidity nitrates an

Guidelines include limits for pH, turbidity, nitrates, an

compound

• Require monitoring 

– A t bl f ti li it Assure systems capable of meeting li

mit

s

– IMO guidelines do not currently contain total PAH an

limits: may later find that limits may need to be adde

• Currently applicable to a handful of vessels

– EPA trying to establish clear limits to provide 

certainty for system operators and assure that di h t l ft t ll d disc

harges are not left uncontroll

e

d
Oil to Sea Interfaces Oil to Sea Interfaces

• Oil to Sea interfaces include stern tubes, thrus

hydraulic pitch propellers, wire rope lubrication

• Stern tubes alone have been estimated to leak 

4.6 to 28.6 million liters of oil annually into port4.6 to 28.6 million liters of oil annually into por

worldwide

• Increasing mandate for use of “environmentall

acceptable lubricants acceptable lubricants

” (EALs) in US waters (ve

(EALs) in US waters (ve

oils, synthetic esters, and polyalkylene glycols

– For existing vessels, owner/operators must use 

environmentally acceptable lubricants in all oil tenvironmentally acceptable lubricants in all oil t

interfaces unless technologically infeasible. 

– New build vessels must use EALs in oil to sea i
Bilgewater: Seeking Com

Bilgewater: Seeking Com• Amon

g g, g other thin

g

s, EPA is seekin

g com

potential changes to the bilgewater dischlimits (primarily for new build vessels)

– For Existing Oceangoing Vessels: For Existing Oceangoing Vessels:

• Same requirements as the 2008 VGP, with ad

option for vessels greater than 400 GT to disc

within 1 nm if less than 5 ppm (whether or not within

1 nm if less than

5 ppm (whether or not

technologically infeasible to hold)

– New Vessels

• Discharge within 3 nm if <5 ppm for all new bu

> 400 GT, otherwise may pump onshore or disoutside 3 nm at a concentration less than 15 p

• See Pages 58-70 of the VGP fact sheet
Reporting Improvements Reporting Improvements

• Annual Report 

– Eliminate One-Time Report and Annual Non-Co

Report and consolidate into Annual Report

• EPA found that thousands of permittees were confu

EPA found that thousands of permittees were confu

annual noncompliance report

– Report all analytical monitoring as part of Annua

• Red ce freq enc of hen the m st s bmit inform

Red

uce freq

uency of when they 

m

ust

s

ubmit inform

to one time per year

– Allow unmanned, unpowered barges meeting c

requirements to submit consolidated annual reprequirements to submit consolidated annual rep

• Reduce duplicative reporting

– Where immediate notification is re

ported to the 

longer need to also report to EPA regions
Inspection Improvements Inspection Improvements

• Eliminate quarterl

y visual 

monitoring

– Instead, require additional 

anal

y g tical monitorin

g from select 

vessel discharges from certain vessels (ballast water, exhaust gas scrubber, graywater)

• Allow “Extended Unmanned 

Vessel” inspections in lieu of routine vessel ins

pections for 

unmanned vessels

– Reduced routine visual inspection 

frequency requested by frequency requested by

permittees with “fleeted” vessels to reduce burden
General Efficiency 

Improvements• Reducing NOI processing time from 30 to 

7 days (for electronic filers only)

• Developing electronic tools to submit all 

information/data

– Requiring e-reporting unless specified exemptio

• Making data submitted to the agency in 

electronic form available to the public in electr

• Clearly allow for and specify electronic recordk

re

quirements

– Requested by permittees as a way to reduce bu

• For vessels who need not submit an NOI, sign 

mai t i f th VGP P it A th i 

in

t

ain a copy o

f the sVGP

Permit

A

uthoriza

Record of Inspection (PARI) form
QUESTIONS
Small Vessel General Per

( VGP) s
Small Vessel General Per

(

sVGP

)

(for non recreational, non military vessels < 79 feet)
NPDES Permitting Morato

NPDES Permitting Morato• Senate Bill S. 3298 

(P.L. 110-299

)

– Signed on July 29, 2008 P.L. 110-299 place

moratorium on NPDES permitting of non-B

discharges from (1) commercial fishing vesdischarges from (1) commercial fishing ves

regardless of size; (2) <79 foot non-recreatvessels.

– Moratorium extended to December 18 201

Moratorium extended to December 18, 201

111-215.

– Among other things, P.L. 110-299 required 

assess discharges f f rom commercial 

fishing 

and non-recreational vessels less than 79 fwere subject to the NPDES exemption. EP

conducted this study and delivered the Repconducted this study and delivered the Rep

Congress in August 2010.
Report to Congress Report to Congress

• EPA was requested to examine 6 elements for 

individual vessels and classes of vessels, inclu

– Concentration of pollutants in discharges– Volume of discharges Volume of discharges– Location of discharges– Im

pact to the environment and human health fr

discharges

– Benefits from reducing the 

concentration/loadin

g p of 

pollutants 

in those discharges to the environment and human health

– Evaluation of existin

g U.S. laws 

and regulations applicable to discharges
Study Components Study Components

• Literature reviews Literature reviews• Sampling• Screening level Screening level

modeling

• Data interpretation Data interpretation• Legal summaries and 

interpretation

www.epa.gov/npdes/vessels/reportcongress.cf
Types of Vessels Sample

Types of Vessels Sample• Commercial Fishing Vessels

– Ground fishery boats (trawlers/draggers)– Shrimpers– L li T ll Gill tt P S i d T 

Longliners, 

Trollers, Gillnetters, 

Purse 

S

einers, an

d

T

• Tugboats•

S pp y u l Boats

• Tow Salvage Boats• Tour Boats/Water Taxis• Fireboats• Recreational Boats•

Rec-lik b t like 

boa

ts 

(EPA boats in Gulf Breeze)
Discharges Sampled Discharges Sampled

• Fish hold/ice slurry• Cleaning of fish holds • Deck washdown/runoff• Bilgewate

r

• Shaft packing gland discharge• Graywater composites Graywater composites• Propulsion engine effluent• Generator en

gine effluent

• Firemain• Source water and ambient samples from every are

are taken (to determine background concentrationsare taken (to determine background concentrations
The Report The Report s’ Analyses Analyses

• Interpretative Text Interpretative Text• Summary Statistics

– More than 22,000 data

points generated by 

sampling.

• Box Plots• Potential Hazard Quotients (PH• Screening Model Summary Screening Model Summary
The Report’s Summary 

C li onc

lus

ions

• Certain pollutants from vessel discharges subj

moratorium are in elevated concentrations.

• Generally discharges are in low or lower volum

• U lik l t ‘ l l ’ d f WQS 

U

nlik

ely 

to ‘solely’ cause excee

dance o

f WQS 

waterbodies. However, cumulative impacts of unregulated discharges may significantly cont

exceedances for limited pollutants (e g coppeexceedances for limited pollutants (e.g., coppe

large waterbodies.

• Some pollutants/discharges more likely to cau

l li d i t i t i ll t b localize

d impac

ts or impac

ts in small wa

ter 

b

o

particularly in water bodies with poor flushing, pollutant sources, or with many vessels. 
sVGP

• Eligible for coverage if less than Part 1 – Ov

79 feet and have less than 8 cubic meters of ballast water

• Slightly different structure than VGP

Part 2 – Eff

LimitatRequire

P 3 M

Slightly different structure than VGP

– Draft Permit is less than 20 pages 

long

M t i t t i f ti f t

Part 3 – Mo

Record

Part 4 – Ad

Require

– Most important information up front– Discharge limits in the middle– Standard Permit Conditions and

Require

Part 5 – Sta

Require

Standard Permit Conditions and Part 6 – De

Other Requirements toward the end

• Organized by management groups 

rather than by discharge types

Part 7 – sV

Appendix A 

Author

rather than by discharge types Record 

Form
Part 2 Effluent Limitation

and Related Requirement(example language)

Management Area Highlighted management practic

2.1 General Requirements Oil, including oily mixtures, may not be d

quantities quantities that may be harmful harmful or cause

2.2 Fuel Management Regularly inspect the fuel and hydraulic s

damage or leaks, repair if found.

2 3. Engine and Oil Control Control Preference Preference for environmentally environmentally acceptab

acceptab

2.4 Solid and Liquid

Waste Management

Prevent monofilament line, fishing nets, 

rope, bait boxes, and hooks from enterinstream covered by this permit
Part 2 Effluent Limitation

and Related Requirement(example language)

Management Area Highlighted management practic

2.5 Deck Washdown andRunoff

Minimize the introduction of on deck deb

Runoff residue residue and spill into deck washdown washdown and 

discharges.

2.6 Vessel HullMaintenance

Must use phosphate free, non‐toxic soaps

2.7 Graywater Minimize graywater discharges in areas th

vessel traffic or recreational use and in ma

sanctuaries, national wildlife refuges, nati

scenic rivers, and national wilderness area

2.8 Fish Hold Effluent Minimize discharge of fish hold or dirty ice 

onshore treatment available, must use it.
Part 2 Effluent Limitation

and Related Requirement(example language)

Management Area Highlighted management practice

2.9 Ballast Water When feasible, use one of the following me

reduce the potential potential transfer transfer or introductio

introductio

to waters of the U.S.:

• Use potable water for ballasting

• Utilize onshore treatment or disposal me

ballast water

• For vessels that conduct fixed routes, ca

reuse ballast water in each port.

2.10 Seawater Cooling Minimize thermal impacts to the receiving w

Overboard Discharge discharging seawater cooling overboard wh

underway.
Monitoring and Recordke

Monitoring and Recordke• Vessel owner/operator must: Vessel owner/operator must:

– Read and follow the sVGP by implemen

applicable permit requirements

– Sign and maintain a copy of the sVGP P

Authorization and Record of Inspection form

• Acknowledgement and Certification stateme• C ti ti d l Corrective action an

d annual non-compli 

anc

– Conduct quarterly visual inspections ea

• d t PARI f documen

t on PARI

form
Submitting Comments Submitting Comments

• 75 day Public comment period ends February 21, 2• Submit your VGP comments, identified by Docket I

EPA-HQ-OW-2011-0141, or sVGP comments, iden

Docket ID No. EPA-HQ-OW-2011-0150 by one of t

meth do

ds:

– www.regulations.gov: Follow the on-line instructions 

comments.

– Email: ow-docket@epa.gov.

– Mail: Original and three copies to: Water Docket, Env

Protection Agency, Mail Code: 2822T, 1200 Pennsylv

NW Washington DC 20460 NW, Washington, DC 20460. 

– Hand Delivery: EPA Docket Center, Public Reading R

Headquarters West Building, Room 3334, 1301 ConNW, as gto , C 0 60 Suc de e es a e o 

 Washingto

n, D

C 2

0

460. Such deliv

eries

a

r

e

onl

during the Docket’s normal hours of operation, and sarrangements should be made for deliveries of boxe
Written Public Comment Written Public Comment

• EPA is specifically seeking comment o

EPA is specifically seeking comment o

provisions discussed above, in additioother specific questions posed (see D

2011 FR notice for list)

• Permits, fact sheets, and additional 

information are available at:

www.epa.gov/npdes/vessels

Questions?
QUESTIONS
Contact Information Contact Information

For questions on the VGP: VGP@epaFor questions on the sVGP: sVGP@ep

• Ryan Albert, Ph.D., EPA's Wate

Permits Division

• Robin Danesi, EPA’s Water Perm

Division

• Juhi Saxena, EPA Juhi Saxena, EPAs’ Water Perm

Water Perm

Division