Vessel General Permit (VGP) Version 2/5/2009 

United States Environmental Protection Agency (EPA) 

National Pollutant Discharge Elimination System (NPDES) 

VESSEL GENERAL PERMIT FOR DISCHARGES INCIDENTAL TO THE NORMAL 

OPERATION OF VESSELS (VGP) 

AUTHORIZATION TO DISCHARGE UNDER THE 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 

U.S.C. 1251 et seq.), any owner or operator of a vessel being operated in a capacity as a means 

of transportation who: 

• Is eligible for permit coverage under Part 1.2; 

• If required by Part 1.5.1, submits a complete and accurate Notice of Intent (NOI) 

is authorized to discharge in accordance with the requirements of this permit. 

General effluent limits for all eligible vessels are given in Part 2. Further vessel class or 

type specific requirements are given in Part 5 for select vessels and apply in addition to any 

general effluent limits in Part 2. Specific requirements that apply in individual States and Indian 

Country Lands are found in Part 6. Definitions of permit-specific terms used in this permit are 

provided in Appendix A. 

This permit becomes effective on December 19, 2008 for all jurisdictions except Alaska 

and Hawaii. 

This permit and the authorization to discharge expire at midnight, December 19, 2013 

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Vessel General Permit (VGP) Version 2/5/2009 

Signed and issued this 18th day of December, 2008 

Robert W. Varney, 

Regional Administrator, EPA Region 1 

Signed and issued this 18th day of December, 2008 

Barbara A. Finazzo, Director 

Division of Environmental Planning, and 

Protection, EPA Region 2 

Signed and issued this 18th day of December, 2008 

Carl-Axel P. Soderberg, Director 

Caribbean Environmental Protection Division, 

EPA Region 2 

Signed and issued this 18th day of December, 2008 

Jon M. Capacasa, Director 

Water Protection Division, EPA Region 3 

Signed and issued this 18th day of December, 2008 

James D. Giattina, Director 

Water Protection Division, EPA Region 4 

Signed and issued this 18th day of December, 

2008 

Peter Swenson, Acting Director 

Water Division, EPA Region 5 

Signed and issued this 18th day of December, 

2008 

William K. Honker, Acting Director 

Water Quality Protection Division, EPA Region 

6 

Signed and issued this 18th day of December, 

2008 

William A. Spratlin, Director 

Water, Wetlands and Pesticides Division, EPA 

Region 7 

Signed and issued this 18th day of December, 

2008 

Eddie A. Sierra, Acting Assistant Regional 

Administrator 

Office of Partnerships and Regulatory 

Assistance, EPA Region 8 

Signed and issued this 18th day of December, 

2008 

Nancy Woo, Associate Director 

Water Division, EPA Region 9 

Signed and issued this 18th day of December, 

2008 

Michael Gearheard, Director 

Office of Water and Watersheds, EPA Region 10 

This permit becomes effective on February 6, 2009 for Alaska and Hawaii. 

Signed and issued this 2nd day of February, 2009 

Alexis Strauss, Director 

Water Division, EPA Region 9 

Signed and issued this 2nd day of February, 2009 

Michael A. Bussell, Director 

Office of Water and Watersheds, EPA Region 10 

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Vessel General Permit (VGP) Version 2/5/2009 

Table of Contents: 

1. Coverage under this Permit..................................................................................................... 1 

1.1 Permit Structure .................................................................................................................. 1 

1.2 Eligibility ............................................................................................................................ 1 

1.2.1 General Scope of this Permit .................................................................................. 2 

1.2.2 Vessel Discharges Eligible for Coverage ............................................................... 2 

1.2.3 Limitations on Coverage......................................................................................... 3 

1.3 Reserved.............................................................................................................................. 5 

1.4 Permit Compliance.............................................................................................................. 5 

1.5 Authorization under this Permit.......................................................................................... 6 

1.5.1 How to Obtain Authorization.................................................................................. 6 

1.5.2 Continuation of this Permit..................................................................................... 7 

1.6 Terminating Coverage ........................................................................................................ 8
 

1.6.1 Terminating coverage for vessels required to submit a Notice of Intent (NOI) ..... 8 

1.6.2 Terminating coverage for vessels not required to submit a Notice of Intent (NOI)8 

1.7 Certification ........................................................................................................................ 9 

1.8 Alternative Permits ............................................................................................................. 9 

1.8.1 EPA Requiring Coverage under an Alternative Permit .......................................... 9 

1.8.2 Permittee Requesting Coverage under an Alternative Permit .............................. 10 

1.9 Permit Reopener Clause.................................................................................................... 10 

1.9.1 Procedures for Modification or Revocation.......................................................... 10 

1.9.2 Water Quality Protection ...................................................................................... 10 

1.9.3 Timing of Permit Modification............................................................................. 10 

1.10 Severability ....................................................................................................................... 11 

1.11 State Laws......................................................................................................................... 11 

1.12 Federal Laws..................................................................................................................... 11 

1.13 Standard Permit Conditions .............................................................................................. 11
 

2. Effluent Limits and Related Requirements........................................................................... 12 

2.1 Technology-based Effluent Limits and Related Requirements Applicable to all Vessels 12 

2.1.1 Material Storage.................................................................................................... 12 

2.1.2 Toxic and Hazardous Materials ............................................................................ 12 

2.1.3 Fuel Spills/Overflows ........................................................................................... 13 

2.1.4 Discharges of Oil Including Oily Mixtures .......................................................... 13 

2.1.5 Compliance with other statutes and regulations ................................................... 14 

2.2 Technology-based Effluent Limits and Related Requirements for Specific Discharge 

Categories ......................................................................................................................... 14 

2.2.1 Deck Washdown and Runoff and Above Water Line Hull Cleaning................... 14 

2.2.2 Bilgewater............................................................................................................. 15
 

2.2.3 Discharges of Ballast Water.................................................................................. 16 

2.2.4 Anti-Fouling Hull Coatings .................................................................................. 21 

2.2.5 Aqueous Film Forming Foam (AFFF).................................................................. 22 

2.2.6 Boiler/Economizer Blowdown.............................................................................. 23 

2.2.7 Cathodic Protection............................................................................................... 23 

2.2.8 Chain Locker Effluent........................................................................................... 23 

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Vessel General Permit (VGP) Version 2/5/2009 

2.2.9 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil to Sea 

Interfaces including Lubrication discharges from Paddle Wheel Propulsion, Stern 

Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, 

Propulsion Pod Lubrication, and Wire Rope and Mechanical Equipment Subject 

to Immersion. ........................................................................................................ 24 

2.2.10 Distillation and Reverse Osmosis Brine ............................................................... 24 

2.2.11 Elevator Pit Effluent ............................................................................................. 24 

2.2.12 Firemain Systems.................................................................................................. 25 

2.2.13 Freshwater Layup.................................................................................................. 25 

2.2.14 Gas Turbine Wash Water...................................................................................... 25 

2.2.15 Graywater.............................................................................................................. 25 

2.2.16 Motor Gasoline and Compensating Discharge ..................................................... 26 

2.2.17 Non-Oily Machinery Wastewater......................................................................... 27 

2.2.18 Refrigeration and Air Condensate Discharge ....................................................... 27 

2.2.19 Seawater Cooling Overboard Discharge (including non-contact engine cooling 

water; hydraulic system cooling water, refrigeration cooling water) ................... 27 

2.2.20 Seawater Piping Biofouling Prevention................................................................ 27 

2.2.21 Boat Engine Wet Exhaust ..................................................................................... 28 

2.2.22 Sonar Dome Discharge ......................................................................................... 28 

2.2.23 Underwater Ship Husbandry Discharges.............................................................. 28 

2.2.24 Welldeck Discharges ............................................................................................ 29 

2.2.25 Graywater Mixed with Sewage from Vessels....................................................... 29 

2.2.26 Exhaust Gas Scrubber Washwater Discharge....................................................... 29 

2.3 Water Quality Based Effluent Limits ............................................................................... 29 

2.3.1 Water Quality-Based Effluent Limitations ........................................................... 29 

2.3.2 Dischargers to Water Quality Impaired Waters.................................................... 30 

3. Corrective Actions ................................................................................................................ 32 

3.1 Problems Triggering the Need for Corrective Action....................................................... 32 

3.2 Corrective Action Assessment.......................................................................................... 32 

3.3 Deadlines for Eliminating Problem .................................................................................. 33 

3.4 Effect of Corrective Action............................................................................................... 33 

4. Inspections, Monitoring, Reporting, and Recordkeeping ..................................................... 35 

4.1 Self Inspections and Monitoring....................................................................................... 35 

4.1.1 Routine Visual Inspections ................................................................................... 35 

4.1.2 Analytical Monitoring........................................................................................... 36 

4.1.3 Comprehensive Annual Vessel Inspections.......................................................... 36 

4.1.4 Drydock Inspection Reports ................................................................................. 37 

4.2 Recordkeeping .................................................................................................................. 37 

4.3 Additional Recordkeeping for Vessels Equipped with Ballast Tanks.............................. 40 

4.4 Reporting........................................................................................................................... 41 

4.4.1 Reporting noncompliance ..................................................................................... 41 

4.4.2 Reportable Quantities of Hazardous Substances or Oil........................................ 41 

4.4.3 Additional Reporting ............................................................................................ 41 

4.4.4 One-Time Permit Report....................................................................................... 41 

5. Vessel Class Specific Requirements..................................................................................... 43 

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Vessel General Permit (VGP) Version 2/5/2009 

5.1 Large Cruise Ships (authorized to carry 500 people or more for hire)............................. 43 

5.1.1 Additional Effluent Limits.................................................................................... 43 

5.1.2 Monitoring Requirements ..................................................................................... 45 

5.1.3 Educational and Training Requirements............................................................... 47 

5.2 Medium Cruise Ships (authorized to carry 100 to 499 people for hire) ........................... 48 

5.2.1 Additional Effluent Limits.................................................................................... 48 

5.2.2 Monitoring Requirements ..................................................................................... 50 

5.2.3 Educational and Training Requirements............................................................... 52 

5.3 Large Ferries ..................................................................................................................... 53 

5.3.1 Additional Authorized Discharges........................................................................ 53 

5.3.2 Additional Effluent Limits.................................................................................... 53 

5.3.3 Educational and Training Requirements............................................................... 55 

5.4 Barges (such as hopper barges, chemical barges, tank barges, fuel barges, crane barges, 

dry bulk cargo barges) ...................................................................................................... 55 

5.4.1 Additional Effluent Limits.................................................................................... 55 

5.4.2 Supplemental Inspection Requirements................................................................ 56 

5.5 Oil Tankers or Petroleum Tankers.................................................................................... 56 

5.5.1 Additional Authorized Discharges........................................................................ 56 

5.5.2 Additional Effluent Limits.................................................................................... 56 

5.5.3 Supplemental Inspection Requirements................................................................ 56 

5.5.4 Educational and Training Requirements............................................................... 57 

5.6 Research Vessels............................................................................................................... 57 

5.6.1 Supplemental Authorized Discharges................................................................... 57 

5.6.2 Additional Effluent Limits.................................................................................... 57 

5.7 Emergency Vessels (Fire Boats, Police Boats)................................................................. 57 

5.7.1 Supplemental Authorized Discharges................................................................... 58 

5.7.2 Additional Effluent Limits.................................................................................... 58 

5.8 Vessels Employing Experimental Ballast Water Treatment Systems .............................. 58 

5.8.1 Authorization of Residual Biocides Associated with Experimental Ballast Water 

Treatment Systems................................................................................................ 58 

5.8.2 Monitoring Requirements ..................................................................................... 59 

5.8.3 Recordkeeping and Reporting Requirements ....................................................... 60 

6. Specific requirements for individual States or Indian Country Lands.................................. 62 

6.1 Bishop Paiute Tribe: ......................................................................................................... 62 

6.2 California: ......................................................................................................................... 62 

6.3 Connecticut: ...................................................................................................................... 64 

6.4 Florida:.............................................................................................................................. 65 

6.5 Georgia:............................................................................................................................. 66 

6.6 Guam:................................................................................................................................ 66 

6.7 Hawaii............................................................................................................................... 66 

6.8 Hualapai Tribe: ................................................................................................................. 70 

6.9 Idaho: ................................................................................................................................ 71 

6.10 Illinois: .............................................................................................................................. 71 

6.11 Indiana: ............................................................................................................................. 73 

6.12 Iowa: ................................................................................................................................. 74 

6.13 Kansas:.............................................................................................................................. 75 

6.14 Maine: ............................................................................................................................... 76 

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Vessel General Permit (VGP) Version 2/5/2009 

6.15 Massachusetts: .................................................................................................................. 76 

6.16 Michigan: .......................................................................................................................... 78 

6.17 Minnesota:......................................................................................................................... 80 

6.18 Missouri: ........................................................................................................................... 81 

6.19 Nebraska: .......................................................................................................................... 81 

6.20 Nevada: ............................................................................................................................. 82 

6.21 New Hampshire: ............................................................................................................... 82 

6.22 New York:......................................................................................................................... 82 

6.23 Ohio: ................................................................................................................................. 95 

6.24 Pennsylvania: .................................................................................................................... 99 

6.25 Rhode Island: .................................................................................................................. 103 

6.26 Utah:................................................................................................................................ 103 

6.27 Vermont: ......................................................................................................................... 104 

6.28 Wyoming: ....................................................................................................................... 105 

7. Appendix A definitions:...................................................................................................... 107 

8. Appendix B – EPA Regional Contacts ............................................................................... 114 

9. Appendix C – Areas Covered ............................................................................................. 116 

9.1 Appendix D Reserved..................................................................................................... 116
 

10. Appendix E – Notice of Intent (NOI) ................................................................................. 117 

10.1 Draft NOI Instructions .................................................................................................... 117 

11. Appendix F – Notice of Termination (NOT)...................................................................... 124 

11.1 NOT Instructions ............................................................................................................ 124 

12. Appendix G – Waters Federally Protected wholly or in part for Conservation Purposes .. 127 

12.1 Waters federally protected wholly or in part for conservation purposes........................ 127 

12.1.1 Marine Sanctuaries under the National Marine Sanctuaries Act (16 U.S.C. 1431 et 

seq.) and National Marine Monuments Designated under the Antiquities Act of 

1906..................................................................................................................... 127 

12.1.2 National Parks and Refuges: National Park Service, Department of the Interior128 

12.1.3 National Wildlife Refuges (including, but not limited to Wetlands Management 

Districts, Waterfowl Production Areas, National Game Preserves, Wildlife 

Management Areas, and National Fish and Wildlife Refuges) .......................... 134 

12.1.4 National Wilderness Areas ................................................................................. 139 

12.1.5 National Wild and Scenic Rivers........................................................................ 146 

12.1.6 Outstanding National Resource Water (ONRW) designated by a State or Tribe148 

13. Appendix H – One Time Report......................................................................................... 150 

14. Appendix I– Discharge Monitoring Report. ....................................................................... 152 

15. Appendix J - Procedure for Whole Effluent Toxicity Testing of Ballast Water ................ 153 

15.1 Required Toxicity Testing .............................................................................................. 153
 

15.2 Testing and reporting instructions: ................................................................................. 154 

15.3 Ballast Water Treatment System Options....................................................................... 156 

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15.4 Approval and Exceptions................................................................................................ 158
 

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Vessel General Permit (VGP) Version 2/5/2009 

1. Coverage under this Permit 

1.1 Permit Structure 

This permit is structured as follows: 

•	 General requirements that apply to all eligible vessel discharges are found in Parts 1 

through 4; 

•	 Specific additional requirements that apply to particular vessel classes are found in 

Part 5; and 

•	 Specific additional requirements that apply in individual States or Indian Country Lands 

are found in Part 6. 

The Appendices, listed here as Parts 7 through 15, include definitions, the Notice of 

Intent form, the Notice of Termination form, additional permit requirements, and supplemental 

information. 

Additionally, note that: 

•	 All requirements in this permit to comply with statutes and regulations, other than Clean 

Water Act section 402 and its implementing regulations, refer to those authorities as 

codified as of the date of Federal Register notice announcing availability of draft permit 

on June 17, 2008. Furthermore, with respect to references to class society or flag State 

requirements, all references to requirements are to those as of June 17, 2008. 

•	 All requirements to comply with specified statutes include the requirement to comply 

with any applicable implementing regulations. 

•	 Provisions stating that "EPA recommends" certain actions, or that you "should" take 

certain actions, constitute recommendations by the Agency and thus are not mandatory 

requirements of this permit. 

•	 EPA intends to implement the VGP in accordance with the Clean Water Act as well as 

U.S. international legal obligations, including those obligations associated with a vessel's 

right to innocent passage as provided for under customary international law. 

•	 Notwithstanding any other requirement of this permit, with the exception of any 

condition imposed by Section 1.13 (Standard Permit Conditions), requirements for 

inspections, training, recordkeeping and reporting, imposed by EPA in today’s permit are 

required to be met as of February 19, 2009. 

1.2 Eligibility 

You must meet the following provisions to be eligible for coverage under this permit. 

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Vessel General Permit (VGP) Version 2/5/2009 

1.2.1 General Scope of this Permit 

This permit is applicable to discharges incidental to the normal operation of a vessel 

identified in Part 1.2.2 into waters subject to this permit. These waters are “waters of the United 

States” as defined in 40 CFR 122.2 (extending to the outer reach of the 3 mile territorial sea as 

defined in section 502(8) of the CWA.) This includes all navigable waters of the Great Lakes 

subject to the jurisdiction of the United States. Recreational vessels as defined in section 502(25) 

of the Clean Water Act are not subject to this permit. Such vessels are not subject to NPDES 

permitting under Section 402 of the Clean Water Act, and are instead subject to regulation under 

Section 312(o) of the Clean Water Act. In addition, with the exception of ballast water 

discharges, non-recreational vessels less than 79 feet (24.08 meters) in length, and all 

commercial fishing vessels, regardless of length, are not subject to this permit. See P.L. 110-299. 

Commercial fishing vessels and other non-recreational vessels less than 79 feet are eligible for 

permit coverage under this permit for their ballast water discharges. If auxiliary vessels or craft, 

such as lifeboats, rescue boats, or barges onboard larger vessels require permit coverage (i.e. they 

are greater than 79 feet in length), they are eligible for coverage under this permit and are 

covered by submission of the Notice of Intent for the larger vessels. Nothing in this permit shall 

be interpreted to apply to a vessel of the Armed Forces as defined in § 312(a)(14) of the Clean 

Water Act. 

1.2.2 Vessel Discharges Eligible for Coverage 

Unless otherwise made ineligible under Part 1.2.3, the following discharge types are 

eligible for coverage under this permit: 

1.2.2.1	 Deck Runoff and Above Water Line Hull Cleaning 

1.2.2.2	 Bilgewater/Oily Water Separator Effluent 

1.2.2.3	 Ballast Water 

1.2.2.4	 Anti-fouling Leachate from Anti-Fouling Hull Coatings/Hull Coating Leachate, 

1.2.2.5	 Aqueous Film Forming Foam (AFFF) 

1.2.2.6	 Boiler/Economizer Blowdown 

1.2.2.7	 Cathodic Protection 

1.2.2.8	 Chain Locker Effluent 

1.2.2.9	 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil Sea 

Interfaces including Lubrication discharges from Paddle Wheel Propulsion, Stern 

Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, and 

Propulsion Pod Lubrication 

1.2.2.10	 Distillation and Reverse Osmosis Brine 

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Vessel General Permit (VGP) Version 2/5/2009 

1.2.2.11	 Elevator Pit Effluent 

1.2.2.12	 Firemain Systems 

1.2.2.13	 Freshwater Layup 

1.2.2.14	 Gas Turbine Wash Water 

1.2.2.15	 Graywater 

Except that Graywater from commercial vessels operating in the Great Lakes within the 

meaning of CWA section 312 is excluded from the requirement to obtain an NPDES permit (see 

CWA section 502(6)), and thus is not within the scope of this permit. 

1.2.2.16	 Motor Gasoline and Compensating Discharge 

1.2.2.17	 Non-Oily Machinery Wastewater 

1.2.2.18	 Refrigeration and Air Condensate Discharge 

1.2.2.19	 Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling 

Water; Hydraulic System Cooling Water, Refrigeration Cooling Water)
 

1.2.2.20	 Seawater Piping Biofouling Prevention 

1.2.2.21	 Boat Engine Wet Exhaust 

1.2.2.22	 Sonar Dome Discharge 

1.2.2.23	 Underwater Ship Husbandry 

1.2.2.24	 Welldeck Discharges 

1.2.2.25	 Graywater Mixed with Sewage from Vessels 

1.2.2.26	 Exhaust Gas Scrubber Washwater Discharge 

1.2.3 Limitations on Coverage 

1.2.3.1	 Discharges not subject to former NPDES permit exclusion and vessel discharges 

generated from vessels when they are operated in a capacity other than as a means of 

transportation 

Discharges that are outside the scope of the exclusion from NPDES permitting for 

discharges incidental to the normal operation of a vessel as set out in 40 Code of Federal 

Regulations (CFR) 122.3(a), as in effect on December 18, 2008, are ineligible for coverage under 

this permit. This permit does not apply to any vessel when it is operating in a capacity other than 

as a means of transportation. For any discharges identified in this permit, discharges are not 

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Vessel General Permit (VGP) Version 2/5/2009 

eligible if they contain materials resulting from industrial or manufacturing processes onboard or 

other materials not derived from the normal operations of a vessel. 

Vessels when they are being used as an energy or mining facility, a storage facility, a 

seafood processing facility, or when secured to the bed of waters subject to this permit or to a 

buoy for the purpose of mineral or oil exploration or development are not eligible for coverage 

under this permit. Furthermore, “floating” craft that are permanently moored to piers, such as 

“floating” casinos, hotels, restaurants, bars etc. are not covered by the current vessel exclusion 

and thus would not be covered by this draft vessel permit. 

1.2.3.2 Sewage 

Discharges of sewage from vessels, as defined in the Clean Water Act section 502(6) and 

40 C.F.R. 122.2, are not required to obtain NPDES permits. Instead, these discharges are 

regulated under section 312 of the Clean Water Act and 40 CFR Part 140 and 33 CFR Part 159. 

1.2.3.3 Used or Spent Oil 

Discharges of used or spent oil no longer being used for their intended purposes are not 

eligible for coverage under this permit. 

1.2.3.4 Garbage or Trash 

Discharges of rubbish, trash, garbage, or other such materials discharged overboard are 

not eligible for coverage under this permit. “Garbage” discharges include discharges of bulk dry 

cargo residues as defined at 33 CFR 151.66(b) (73 Fed. Reg. 56492 (September 29, 2008)) and 

agricultural cargo residues. Discharges of garbage continue to be subject to regulation under 33 

CFR Part 151, Subpart A. 

1.2.3.5 Photo processing effluent 

Discharges from photo-processing operations are not eligible for coverage under this 

permit. 

1.2.3.6 Effluent from dry cleaning operations 

Discharges of spent or unused effluent from dry cleaning operations are not eligible for 

coverage. This includes any spent or unused tetrachloroethylene from these operations. 

1.2.3.7 Discharges of medical waste and related materials 

Discharges of medical waste as defined in 33 U.S.C. 1362(20) are not eligible for 

coverage under this permit. Discharges of spent or unused pharmaceuticals, formaldehyde or 

other biohazards no longer being used for their intended purposes are not eligible for coverage 

under this permit. 

For purposes of the VGP, the liquid produced by dialysis treatment of humans is not 

deemed to be “medical waste,” and, like other human body waste, is subject to regulation under 

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Vessel General Permit (VGP) Version 2/5/2009 

CWA § 312 if introduced into marine sanitation devices, or under VGP Part 2.2.25 if added to a 

blackwater system combined with a graywater system. The direct overboard discharge of such 

liquid without treatment is not authorized by the VGP. 

1.2.3.8 Discharges of Noxious Liquid Substance Residues 

Discharges of noxious liquid substance residues subject to 33 CFR Part 151, Subpart A 

are not eligible for coverage under this permit. 

1.2.3.9 Tetrachloroethylene (perchloroethylene) degreasers 

Discharges of tetrachloroethylene degreasers or other products containing 

tetrachloroethylene are not eligible for coverage under this permit. 

1.2.3.10 Discharges currently or previously covered by NPDES permits 

The following discharges are not eligible for coverage under this permit: 

•	 Vessel discharges covered, as of the effective date of this permit, under an individual 

NPDES permit or another NPDES general permit, unless EPA specifically allows 

coverage under Part 1.8.2; or 

•	 Discharges from vessels covered by any NPDES permit that has been or is in the process 

of being denied, terminated, or revoked by EPA or state permitting authorities (this does 

not apply to the routine reissuance of permits every five years). 

1.3 Reserved 

1.4 Permit Compliance 

The CWA provides that any person who falsifies, tampers with, or knowingly renders 

inaccurate any monitoring device or method required to be maintained under this permit shall, 

upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not 

more than 2 years, or both. If a conviction of a person is for a violation committed after a first 

conviction of such person under this paragraph, punishment is a fine of not more than $20,000 

per day of violation, or by imprisonment of not more than 4 years, or both. The Act further 

provides that any person who knowingly makes any false statement, representation, or 

certification in any record or other document submitted or required to be maintained under this 

permit, including monitoring reports or reports of compliance or non-compliance shall, upon 

conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for 

not more than 6 months per violation, or by both. In addition, false statements or representations, 

as well as alterations or false entries in documents, may be punishable by more severe criminal 

penalties pursuant to 18 U.S.C. §1001 or 18 U.S.C. §1519. 

Any noncompliance with the requirements of this permit constitutes a violation of the 

Clean Water Act. Each day a violation continues is a separate violation of this permit. Where 

requirements and schedules for taking corrective actions are included in this permit, the time 

intervals provided are not grace periods, but schedules considered reasonable for making repairs 

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Vessel General Permit (VGP) Version 2/5/2009 

and improvements. They are included in this permit to ensure that the conditions prompting the 

need for these corrective actions are not allowed to persist indefinitely. You must return to 

compliance as promptly as possible, but no later than the time period specified in this permit. For 

provisions specifying a time period to remedy noncompliance, the initial and continuing failure, 

such as a violation of numeric or non-numeric effluent limit, constitutes a violation of this permit 

and the Clean Water Act. As such, any time periods specified for remedying noncompliance do 

not relieve parties of the initial underlying noncompliance. 

To provide clarity for the permittee, there are additional reminders in certain sections of 

this permit about what constitutes a permit violation. The absence of such a reminder in a 

particular section does not mean that failure to meet that requirement is not a permit violation. 

1.5 Authorization under this Permit 

1.5.1 How to Obtain Authorization 

To obtain authorization under this permit, you must meet the Part 1.2 eligibility 

requirements. If your vessel meets the requirements under Part 1.5.1.1, you must submit a Notice 

of Intent (NOI) to receive permit coverage beginning on June 19, 2009. Prior to NOI submission, 

owner/operators of these vessels are authorized to discharge under this permit. This automatic 

authorization extends until owner/operators of vessels that meet the requirements under Part 

1.5.1.1 submit NOIs, but shall not extend beyond 9 months after permit issuance. 

Owner/operators of vessels that meet the requirements under Part 1.5.1.2 are automatically 

authorized to discharge under this permit and are not required to submit NOIs. 

1.5.1.1 Vessels Required to Submit Notices of Intent (NOIs) 

If your vessel is greater than or equal to 300 gross tons or the vessel has the capacity to 

hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, you must submit a 

complete and accurate NOI in accordance with the requirements of Part 10 of this permit 

beginning on June 19, 2009 if you seek coverage under this permit. Submission must be in 

accordance with the deadlines in Table 1. 

If you submit an NOI, EPA strongly encourages you to prepare and submit your NOI 

using EPA’s Electronic Notice of Intent (eNOI) system (www.epa.gov/npdes/vessels/eNOI). 

EPA will post on the Internet, at www.epa.gov/npdes/noisearch, all NOIs received. Late NOIs 

will be accepted, but authorization to discharge will not be retroactive. 

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Vessel General Permit (VGP) Version 2/5/2009 

Table 1: NOI Submission Deadlines/Discharge Authorization Dates 

Category NOI Deadline Discharge Authorization Date* 

Vessels delivered to owner or 

operator on or before 

September 19, 2009 

No later than September 19, 

2009 

Authorization granted until September 19, 2009. 

If EPA receives an NOI on or before September 

19, 2009, uninterrupted coverage continues. 

New Owner/Operator of Vessel 

– transfer of ownership and/or 

operation of a vessel whose 

discharge is previously 

authorized under this permit 

By date of transfer of 

ownership and/or operation 

Date of transfer or date EPA receives NOI, 

whichever is later 

New vessels delivered to owner 

or operator after September 19, 

2009 

30 days prior to discharge into 

waters subject to this permit 

30 days after complete NOI received by EPA 

Existing vessels delivered to 

owner or operator after 

September 19, 2009 that were 

not previously authorized under 

this permit 

30 days prior to discharge into 

waters subject to this permit 

30 days after complete NOI received by EPA 

* Based on a review of your NOI or other information, EPA may delay the discharge authorization date for further 

review, or may deny coverage under this permit and require submission of an application for an individual NPDES 

permit, as detailed in Part 1.8. In these instances, EPA will notify you in writing of the delay or the request for 

submission of an individual NPDES permit application. If EPA requires an individual permit for an existing vessel 

previously covered by this general permit, EPA will allow the permittee a reasonable amount of time to obtain 

individual permit coverage before their general permit coverage terminates. 

1.5.1.2 Vessels Not Required to Submit Notices of Intent (NOIs) 

If your vessel is less than 300 gross tons and your vessel does not have the capacity to 

hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, you do not need to 

submit an NOI; you automatically receive coverage under this permit and are authorized to 

discharge in accordance with the conditions set forth within. 

1.5.2 Continuation of this Permit 

If this permit is not reissued or replaced prior to the expiration date, it will be 

administratively continued in accordance with section 558(c) of the Administrative Procedure 

Act (5 U.S.C. 558(c)) and EPA’s implementing regulations at 40 CFR 122. 6 and remain in force 

and effect for discharges that were covered prior to expiration. If you were granted permit 

coverage prior to the expiration date, you will automatically remain covered by this permit until 

the earliest of: 

•	 Your authorization for coverage under a reissuance or replacement of this permit, 

following your timely and appropriate submittal of a complete NOI requesting 

authorization to discharge under the new permit and compliance with the requirements of 

the new permit; or 

•	 Your submittal of a Notice of Termination; or 

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•	 Issuance of a new general permit that covers your vessel discharges or vessel type and 

provides you coverage without requiring you to submit a Notice of Intent to obtain 

coverage; or 

•	 Issuance or denial of an individual permit for the vessel’s discharges; or 

•	 A formal permit decision by EPA not to reissue this general permit, at which time EPA 

will identify a reasonable time period for covered dischargers to seek coverage under an 

alternative general permit or an individual permit. Coverage under this permit will cease 

at the end of this time period. 

1.6 Terminating Coverage 

1.6.1 Terminating coverage for vessels required to submit a Notice of Intent (NOI) 

1.6.1.1 Submitting a Notice of Termination (NOT) 

If you wish to terminate coverage under this permit, and you were required to file an 

NOI, you must submit your Notice of Termination in accordance with Part 11. If you were 

required to file an NOI by section 1.5.1, you may use the eNOI system to file your Notice of 

Termination, available at www.epa.gov/npdes/vessels/eNOI. Your authorization to discharge 

under this permit terminates at 11:59 pm on the day that a complete Notice of Termination is 

processed and posted on EPA’s website (www.epa.gov/npdes/vessels/eNOI). If you submit a 

Notice of Termination without meeting at least one of the conditions identified in Part 1.6.1.2, 

then your Notice of Termination is not valid. You will continue to be responsible for discharges 

from your vessel until you have submitted a valid Notice of Termination and it is posted on 

EPA’s website, unless permit coverage is terminated without a NOT pursuant to Part 1.8. 

1.6.1.2 When to Submit a Notice of Termination 

If you were required to submit an NOI by section 1.5.1, in order to be released from the 

requirements of this permit, you must submit a NOT within 30 days after one or more of the 

following conditions have been met: 

•	 A new owner or operator has taken over responsibility for the vessel; or 

•	 You have permanently ceased operating the vessel in waters subject to this permit and 

there are no longer vessel discharges; or 

•	 You have obtained coverage under an individual or alternative general permit for all 

discharges required to be covered by an NPDES permit, unless you were directed to 

obtain this coverage by EPA in accordance with Part 1.8. 

1.6.2 Terminating coverage for vessels not required to submit a Notice of Intent (NOI) 

For vessels that are not required to submit an NOI under Part 1.5.1.2, termination of 

coverage is automatic if any of the following conditions are met: 

•	 A new owner or operator has taken over responsibility for the vessel; or 

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•	 You have permanently ceased operating the vessel in waters subject to this permit and 

there are no longer vessel discharges; or 

•	 You have obtained coverage under an individual or alternative general permit for all 

discharges required to be covered by an NPDES permit. 

1.7 Certification 

The NOI, NOT, and any reports (including any monitoring data) submitted to EPA, must 

include the following certification: 

“I certify under penalty of law that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that 

qualified personnel properly gathered and evaluated the information contained therein. 

Based on my inquiry of the person or persons who manage the system, or those persons 

directly responsible for gathering the information, the information contained is, to the 

best of my knowledge and belief, true, accurate, and complete. I have no personal 

knowledge that the information submitted is other than true, accurate, and complete. I am 

aware that there are significant penalties for submitting false information, including the 

possibility of fine and imprisonment for knowing violations.” 

All other documentation required under this permit must be signed and dated by the 

person preparing the documentation. 

1.8 Alternative Permits 

1.8.1 EPA Requiring Coverage under an Alternative Permit 

Pursuant to 40 CFR section 122.28(b)(3), EPA may require you to apply for an individual 

NPDES permit or an alternative NPDES general permit. Any interested person may petition EPA 

to take action under this paragraph. If EPA requires you to apply for an individual NPDES 

permit, EPA will notify you in writing that a permit application is required. This notification will 

include a brief statement of the reasons for this decision and will provide application 

information. In addition, if you are an existing permittee authorized to discharge under this 

permit, the notice will set a deadline to file the permit application, and will include a statement 

that on the effective date of the individual NPDES permit, or the alternative general permit as it 

applies to you, coverage under this general permit will terminate. EPA may grant additional time 

to submit the application if you request it. If you are covered under this permit and fail to submit 

an individual NPDES permit application as required by EPA, then your coverage under this 

permit is terminated at midnight on the day specified by EPA as the deadline for application 

submittal. In addition, if EPA denies your application for an individual NPDES permit, you are 

also not authorized to discharge under this general permit. EPA may take enforcement action for 

any unpermitted discharge. 

When an individual NPDES permit is issued to you or you are authorized to discharge 

under an alternative NPDES general permit, your coverage under this permit is terminated on the 

effective date of the individual permit or the date of authorization of coverage under the 

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alternative general permit. In this case (where EPA requires you to obtain coverage under an 

individual or alternative general permit), you are not required to file a Notice of Termination as 

discussed above. 

1.8.2 Permittee Requesting Coverage under an Alternative Permit 

You may request to be excluded from coverage under this general permit by applying for 

an individual permit. In such a case, you must submit an individual permit application in 

accordance with the requirements of 40 CFR 122.21 with reasons supporting the request, to EPA 

at the appropriate EPA Regional Office(s) listed in Part 13 of this permit, no later than 90 days 

after March 31, 2009. The request may be granted by issuance of an individual permit or 

authorizing coverage under an alternative general permit if your reasons are adequate to support 

the request. A source excluded from this general permit solely because it already has an 

individual permit may request that the individual permit be revoked, and that it be covered by 

this general permit. Upon revocation of the individual permit, the general permit shall apply to 

the source. 

When an individual NPDES permit is issued to you or you are authorized to discharge 

under an alternative NPDES general permit, your authorization to discharge under this permit is 

terminated on the effective date of the individual permit or the date of authorization of coverage 

under the alternative general permit. 

1.9 Permit Reopener Clause 

1.9.1 Procedures for Modification or Revocation 

Permit modification or revocation will be conducted according to 40 CFR 122.62, 

122.63, 122.64, and 124.5. 

1.9.2 Water Quality Protection 

EPA may require you to obtain an individual permit in accordance with Part 1.8 of this 

permit for cause. This may happen, for example, if there is evidence that the discharges 

authorized by this permit cause, have the reasonable potential to cause or contribute to an 

excursion above any applicable water quality standard. Similarly, EPA may modify this permit 

to include different limitations and/or requirements for cause. 

1.9.3 Timing of Permit Modification 

EPA may elect to modify the permit prior to its expiration (rather than waiting for a new 

permit cycle) to comply with any new statutory or regulatory requirements, such as for effluent 

limitation guidelines, that may be promulgated in the course of the current permit cycle. 

Furthermore, EPA may modify the permit if new pollution control technologies for vessels or 

discharge types become available. 

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1.10 Severability 

Invalidation of a portion of this permit does not necessarily render the whole permit 

invalid. EPA’s intent is that the permit remains in effect to the extent possible; in the event that 

any part of this permit is invalidated, EPA will advise the regulated community as to the effect of 

such invalidation. 

1.11 State Laws 

Nothing in this permit shall be construed to preclude the institution of any legal action or 

relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any 

applicable state law or regulation under authority preserved by section 510 of the Clean Water 

Act. 

1.12 Federal Laws 

Nothing in this permit shall be construed to affect, supersede, or relieve the vessel owner 

or operator of any otherwise applicable requirements or prohibitions under other provisions of 

Federal law or regulations. 

1.13 Standard Permit Conditions 

As provided by the introductory text of 40 CFR 122.41 and the regulation at 40 CFR 

122.43(c), all of the standard permit conditions published in federal regulations at 40 CFR 

122.41 (2008) are hereby incorporated by reference. 

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2. Effluent Limits and Related Requirements 

In the limits below and throughout this permit, the term “minimize” means reduce and/or 

eliminate to the extent achievable using control measures (including best management practices) 

that are technologically available and economically practicable and achievable in light of best 

marine practice. 

You may not add any constituents to any discharge that are not incidental to the normal 

operation of a vessel. 

You may not dilute discharges eligible for coverage under this permit prior to their 

discharge in order to meet limits set forth in this permit. 

2.1	 Technology-based Effluent Limits and Related Requirements Applicable to all 

Vessels 

You are required to meet the following effluent limits, regardless of the type of vessel 

you own or operate: 

2.1.1	 Material Storage 

For cargoes or other onboard materials which might wash overboard or dissolve as a 

result of contact with precipitation or surface water spray, or which may be blown overboard by 

air currents, minimize the amount of time these items are exposed to such conditions. Locate 

storage areas on the vessel for such items in covered areas where feasible and consistent with any 

applicable regulations promulgated by the Secretary of the Department in which the Coast Guard 

is operating that establish specifications for safe transportation, handling, carriage, and storage of 

pollutants (see Part 2.1.5). If water draining from storage areas comes in contact with oily 

materials, you must: 

•	 Use dry cleanup methods or absorbents to clean up the wastewater; 

•	 Store the water for onshore disposal; 

•	 Run the water through an oily water separator when so required by Coast Guard 

regulations, or if not subject to such requirement, use other effective methods to comply 

with Part 2.1.4 of this permit to prevent the discharge into waters subject to this permit of 

any oils, including oily materials, in quantities which may be harmful as defined in 40 

CFR Part 110. 

2.1.2	 Toxic and Hazardous Materials 

Where consistent with vessel design and construction, you must locate toxic and 

hazardous materials in protected areas of the vessel unless the master determines this would 

interfere with essential vessel operations or safety of the vessel or doing so would violate any 

applicable regulations promulgated by the Secretary of the Department in which the Coast Guard 

is operating that establish specifications for safe transportation, handling, carriage, and storage of 

pollutants (see Part 2.1.5). Any discharge which is made for safety reasons must be documented 

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as part of the requirements in Part 4.2. This includes ensuring that toxic and hazardous materials 

are in appropriate sealed containers constructed of a suitable material, labeled, and secured. 

Containers must not be overfilled and incompatible wastes should not be mixed. Exposure of 

containers to ocean spray or precipitation must be minimized. Jettisoning of containers holding 

toxic or hazardous material is not authorized by this permit. 

2.1.3 Fuel Spills/Overflows 

Fuel spills or overflows must not result in a discharge of oil in quantities that may be 

harmful, pursuant to 40 CFR Part 110. You must conduct all fueling operations using control 

measures and practices designed to minimize spills and overflows and ensure prompt 

containment and cleanup if they occur. Vessel operators must not overfill fuel tanks. For vessels 

with interconnected fuel tanks, fueling must be conducted in a manner that prevents overfilling 

and release from the system to the environment. 

Vessels with air vents from fuel tanks must use spill containment or other methods to 

prevent or contain any fuel or oil spills. Large scale fuel spills or overflows are not incidental to 

the normal operation of the vessel and are not authorized by this permit. 

The following requirements apply to fueling of auxiliary vessels such as life-boats, 

tenders or rescue boats deployed from “host” vessels subject to this permit: 

•	 While fueling, examine the surrounding water for the presence of a visible sheen. If a 

visible sheen is observed, as a result of your fueling, it must be cleaned up immediately. 

•	 It is important to know the capacity of the fuel tanks before you begin fueling in order to 

prevent unintentionally overfilling the tank. 

•	 Prevent overfilling and do not top off your fuel tanks. 

•	 When possible, fill fuel tanks while boat is on shore or recovered from the water. 

•	 When possible, fill portable tanks on shore or on the host vessel, not on the auxiliary 

vessel. 

•	 Use an oil absorbent material or other appropriate device while fueling the auxiliary 

vessel to catch drips from the vent overflow and fuel intake. 

•	 Regularly inspect the fuel and hydraulic systems for any damage or leaks. 

Owner/operators shall ensure that any crew responsible for conducting fueling operations 

are trained in methods to minimize spills caused by human error and/or the improper use of 

equipment. 

2.1.4 Discharges of Oil Including Oily Mixtures 

All discharges of oil, including oily mixtures, from ships subject to Annex I of the 

International Convention for the Prevention of Pollution from Ships as implemented by the Act 

to Prevent Pollution from Ships and U.S. Coast Guard regulations found in 33 CFR 151.09 

(hereinafter referred to as “MARPOL vessels”) must have concentrations of oil less than 15 parts 

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per million (ppm) (as measured by EPA Method 1664 or other appropriate method for 

determination of oil content as accepted by the International Maritime Organization (IMO) (e.g. 

ISO Method 9377) or U.S. Coast Guard) before discharge. All MARPOL vessels must have a 

current International Oil Pollution Prevention Certificate (IOPP) issued in accordance with 33 

CFR 151.19 or 151.21. All other discharges of oil including oily mixtures must not contain oil in 

quantities that may be harmful, pursuant to 40 CFR Part 110. 

2.1.5	 Compliance with other statutes and regulations 

As required by 40 C.F.R 122.44(p), you must comply with any applicable regulations 

promulgated by the Secretary of the Department in which the Coast Guard is operating, that 

establish specifications for safe transportation, handling, carriage, and storage of pollutants. 

Any discharge from your vessel must comply with sections 311 (33 U.S.C. 1321) of the 

Federal Water Pollution Control Act (the Clean Water Act), the Act to Prevent Pollution from 

Ships (APPS 33 USC §§ 190-1915), the National Marine Sanctuaries Act, (16 U.S.C. 1431 et 

seq.) and implementing regulations found at 15 CFR Part 922 and 50 CFR Part 404, the Federal 

Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. § 136 et seq.), and the Oil 

Pollution Control Act (OPA ’90, 33 U.S.C. § 2701-2720). 

The US Code of Federal Regulations containing these provisions can be found at: 

www.gpoaccess.gov/ECFR. 

2.2	 Technology-based Effluent Limits and Related Requirements for Specific Discharge 

Categories 

2.2.1	 Deck Washdown and Runoff and Above Water Line Hull Cleaning 

Vessel owner/operators must minimize the introduction of on-deck debris, garbage, 

residue and spill into deck washdown and runoff discharges. When required by their class 

societies (e.g., oil tankers), their flag Administrations, or the U.S. Coast Guard, vessels must be 

fitted with and use perimeter spill rails and scuppers to collect the runoff for treatment. Where 

feasible, machinery on deck must have coamings or drip pans to collect any oily water from 

machinery and prevent spills. The drip pans must be drained to a waste container for proper 

disposal and/or periodically wiped and cleaned. The presence of floating solids, visible foam, 

halogenated phenol compounds, and dispersants, or surfactants in deck washdowns must be 

minimized. Vessel operators must minimize deck washdowns while in port. 

Vessel operators must maintain their topside surface and other above water line portions 

of the vessel to minimize the discharge of rust (and other corrosion by-products), cleaning 

compounds, paint chips, non-skid material fragments, and other materials associated with 

exterior topside surface preservation. Furthermore, vessel owner/operators must minimize 

residual paint droplets from entering waters subject to this permit whenever they are conducting 

maintenance painting. Possible minimization techniques include, but are not limited to, avoiding 

paint spraying in windy conditions or avoiding overapplication of paint. This permit does not 

authorize the disposal of unused paint into waters subject to this permit. 

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If deck washdowns or above water line hull cleaning will result in a discharge, they must 

be conducted with non-toxic and phosphate free cleaners and detergents. Furthermore, cleaners 

and detergents should not be caustic or only minimally caustic and should be biodegradable. 

2.2.2 Bilgewater 

All bilgewater discharges must be in compliance with the regulations in 40 CFR Parts 

110 (Discharge of Oil), 116 (Designation of Hazardous Substances), and 117 (Determination of 

Reportable Quantities for Hazardous Substances) and 33 CFR §151.10 (Control of Oil 

Discharges). In addition: 

•	 Vessel operators may not use dispersants, detergents, emulsifiers, chemicals or other 

substances to remove the appearance of a visible sheen in their bilgewater discharges. 

•	 Except in the case of flocculants or other required additives (excluding any dispersants or 

surfactants) used to enhance oil/water separation during processing (after bilgewater has 

been removed from the bilge), vessel operators may not add substances that drain to the 

bilgewater that are not produced in the normal operation of a vessel. The use of oil 

solidifiers, flocculants, or other required additives are allowed only as part of an oil water 

separation system provided they do not alter the chemical make-up of the oils being 

discharged and they are not discharged into waters subject to this permit. Routine 

cleaning and maintenance activities associated with vessel equipment and structures are 

considered to be normal operation of a vessel if those practices fall within normal marine 

practice. 

•	 All vessels must minimize the discharge of bilgewater into waters subject to this permit. 

This can be done by minimizing the production of bilgewater, disposing of bilgewater on 

shore where adequate facilities exist, or discharging into waters not subject to this permit 

(i.e., more than 3 nautical miles (nm) from shore) for vessels that regularly travel into 

such waters. Though not regulated under this permit, EPA notes that discharges of 

bilgewater outside waters subject to this permit (i.e. more than 3 nm from shore) are 

regulated under Annex I of the International Convention for the Prevention of Pollution 

from Ships as implemented by the Act to Prevent Pollution from Ships and U.S. Coast 

Guard regulations found in 33 CFR 151.09. 

•	 Vessels greater than 400 gross tons shall not discharge untreated oily bilgewater into 

waters subject to this permit. 

•	 Vessels greater than 400 gross tons that regularly sail outside the territorial sea (at least 

once per month) shall not discharge treated bilgewater within 1 nm of shore if 

technologically feasible (e.g. holding would not impact safety and stability, would not 

contaminate other holds or cargo, would not interfere with essential operations of the 

vessel). Any discharge which is not technologically feasible to avoid must be 

documented as part of the requirements in Part 4.2. 

•	 Vessels greater than 400 gross tons shall not discharge treated bilgewater into waters 

referenced in Part 12.1 unless the discharge is necessary to maintain the safety and 

stability of the ship. Any discharge of bilgewater into these waters must be documented 

as part of the recordkeeping requirements in Part 4.2 and vessel operators must document 

whether this bilgewater discharge was made for safety reasons. 

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•	 For vessels greater than 400 gross tons that regularly sail outside the territorial sea (at 

least once per month), if treated bilgewater is discharged into waters subject to this 

permit, it must be discharged when vessels are underway (sailing at speeds greater than 6 

knots), unless doing so would threaten the safety and stability of the ship. EPA notes that 

vessel operators may also choose to dispose of bilgewater on shore where adequate 

facilities exist. Any discharge which is made for safety reasons must be documented as 

part of the requirements in Part 4.2. 

2.2.3 Discharges of Ballast Water 

All discharges of ballast water must comply with the Coast Guard regulations found in 33 

CFR Part 151. Vessels that operate solely within one Captain of the Port (COTP) zone are 

exempt from certain requirements, as described in 33 CFR 151.2010(b). Additionally, 

owner/operators of all vessels subject to coverage under this permit which are equipped with 

Ballast Tanks must comply with any additional BMPs in this section. 

All discharges of ballast water may not contain oil, noxious liquid substances (NLSs), or 

hazardous substances in a manner prohibited by U.S. laws, including section 311 of the Clean 

Water Act. 

2.2.3.1 Training 

All owner/operators of vessels equipped with ballast water tanks must train the master, 

operator, person-in-charge, and crew members who actively take part in the management of the 

discharge or who may affect the discharge, on the application of ballast water and sediment 

management and treatment procedures. 

2.2.3.2 Ballast Water Management Plans 

All owner/operators of vessels equipped with ballast water tanks must maintain a ballast 

water management plan that has been developed specifically for the vessel that will allow those 

responsible for the plan’s implementation to understand and follow the vessel’s ballast water 

management strategy. Owner/operators must make that plan available upon request to any EPA 

representative. Vessel owner/operators must assure that the master and crew members who 

actively take part in the management of the discharge or who may affect the discharge 

understand and follow the management strategy laid out in the plan. 

EPA notes that these plans are being imposed as “conditions to assure compliance” with 

effluent limitations under CWA 402(a)(2) and 40 CFR 122.43(a). 

2.2.3.3 Mandatory and Suggested Ballast Water Management Practices 

Masters, owners, operators, or persons-in-charge of all vessels equipped with ballast 

water tanks that operate in waters of the U.S. must: 

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•	 Avoid the discharge of ballast water into waters subject to this permit that are within or 

that may directly affect marine sanctuaries, marine preserves, marine parks, shellfish 

beds, or coral reefs or other waters listed in Part 12.1. 

•	 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., algal blooms). 

–	 Areas near sewage outfalls. 

–	 Areas near dredging operations. 

–	 Areas where tidal flushing is poor or when a tidal stream is known to be more turbid. 

–	 In darkness when bottom dwelling organisms may rise up in the water column. 

–	 In shallow water or 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 or under controlled 

arrangements in port, or at dry dock. 

•	 No discharge of sediments from cleaning of ballast tanks is authorized in waters subject 

to this permit. 

•	 Discharge only the minimal amount 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 for minimizing the potential for spread of aquatic nuisance species 

(ANS) via ballast water discharges might be using treated graywater (only in areas where treated 

graywater may be discharged) for those vessels that generate substantial quantities of graywater 

(e.g. cruise ships). Yet another option is to use potable water for ballast. 

2.2.3.4 On-shore Treatment of Ballast Water 

For those vessels whose design and construction safely allows for the transfer of ballast 

water to shore, if compatible onshore treatment for ballast water is available and economically 

practicable and achievable, the vessel owner/operator must use this treatment for any ballast 

water discharges, unless they use an onboard ballast water treatment system approved by the 

Commandant of the Coast Guard. If vessels use on-shore treatment at one port, and they will not 

discharge ballast water into any other waters subject to this permit for their entire duration in 

waters subject to this permit, then it is not necessary to meet the requirements of 2.2.3.5, 2.2.3.6, 

2.2.3.7, and 2.2.3.8. 

2.2.3.5 Requirements for Ocean Going Voyages While Carrying Ballast Water 

Any vessels that carry ballast water that was taken on in areas less than 200 nautical 

miles from any shore that will subsequently operate beyond the Exclusive Economic Zone (EEZ) 

and more than 200 nm from any shore must carry out an exchange of ballast water for any tanks 

that will discharge ballast water into waters subject to this permit unless the vessel meets one of 

the exemptions in Part 2.2.3.11. 

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This exchange must be conducted in compliance with the following standards prior to 

discharging ballast water into waters subject to this permit: 

•	 The exchange must occur in waters beyond the U.S. EEZ; 

•	 The exchange must occur in an area more than 200 nautical miles from any shore; 

•	 The exchange must be commenced as early in the vessel voyage as possible, as long as 

the vessel is more than 200 nm from any shore. 

2.2.3.6 Vessels Carrying Ballast Water Engaged in Pacific Nearshore Voyages 

Unless the vessel meets one of the exemptions in Part 2.2.3.11, any vessel engaged in 

Pacific nearshore voyages that carry ballast water that was taken on in areas less than 50 nautical 

miles from any shore must carry out an exchange of ballast water in accordance with this Part 

before discharging from any tanks that carry ballast water into waters subject to this permit if the 

vessel travels through more than one COTP zone as listed in 33 CFR Part 3 or the vessel crosses 

international boundaries. 

Vessels engaged in Pacific nearshore voyages are: 

•	 Vessels engaged in the Pacific coastwise trade and vessels transiting between Pacific 

ports that travel between more than one Captain of the Port Zone, and 

•	 All other vessels that sail from foreign, non-U.S Pacific, Atlantic (including the 

Caribbean Sea), or Gulf of Mexico ports, which do not sail further than 200 nm from any 

shore, and that discharge or will discharge ballast water into the territorial sea or inland 

waters of Alaska or off the west coast of the continental United States. 

Ballast water exchange for vessels subject to this Part must occur in waters more than 50 

nautical miles from any shore (US or otherwise), and in waters more than 200 meters deep, prior 

to discharging ballast water into waters subject to this permit. Exchange should occur as far from 

the shore, major estuary and oceanic river plumes, subsurface physical features (e.g. seamounts), 

and known fishery habitats as practicable. Vessels engaged in voyages that take them further 

than 200 nm from any shore and who will remain outside 200 nm from for a sufficient period to 

conduct exchange, are not allowed to exchange ballast water between 50 and 200 nm from shore 

to meet the requirements of Part 2.2.3.5 (unless the master determines that flushing farther than 

200 nm from shore would interfere with essential vessel operations or safety of the vessel but the 

master determines that the vessel is able to safely flush more than 50 nm from shore) and instead, 

must conduct exchange more than 200 nm from shore in accordance with Part 2.2.3.5 of this 

permit. For vessels engaged in the coastwise trade who are not outside 200 nm for a sufficient 

period to conduct exchange, they may conduct exchange outside 50 nm (even if they voyage 

beyond 200 nm) to meet the requirements of this permit. 

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2.2.3.7	 Vessels with any Ballast Water Tanks that are Empty or have Unpumpable Residual 

Water 

For vessels that travel between more than one COTP Zone while undertaking voyages 

described in Part 2.2.3.5 and which either reported No Ballast on Board (NOBOB) in accordance 

with Coast Guard regulations or which have any ballast water tank that is empty or contains 

unpumpable residual water, you must follow the applicable requirements in Part 2.2.3.5 for those 

tanks with ballast water. For those tanks which are empty or contain unpumpable residual water, 

you must either seal the tank so that there is no discharge or uptake and subsequent discharge of 

ballast water within waters subject to this permit or conduct saltwater flushing of such tanks in 

an area 200 nautical miles from any shore prior to the discharge or uptake and subsequent 

discharge of any ballast water to any U.S. waters subject to this permit, unless you meet one of 

the exemptions in Part 2.2.3.11. For the purposes of Part 2.2.3.7, saltwater flushing means the 

addition of mid-ocean water to empty ballast water tanks; the mixing of the added water with 

residual ballast water and sediment through the motion of the vessel; and the discharge of the 

mixed water until loss of suction, such that the resulting residual water remaining in the tank has 

either a salinity greater than or equal to 30 parts per thousand (ppt) or a salinity concentration 

equal to the ambient salinity of the location where the uptake of the added water took place. In 

order to conduct saltwater flushing, the vessel should take on as much mid-ocean water into each 

tank as is safe (for the vessel and crew). 

For all vessel owner/operators subject to this section that contain some empty ballast 

water tanks and some full ballast water tanks, if you elect to seal those empty tanks, you must not 

allow water that will be discharged into waters subject to this permit to commingle with waters 

from the empty tanks if you have not conducted saltwater flushing as specified above. 

2.2.3.8 Vessels Engaged in Pacific Nearshore Voyages with Unpumpable Ballast Water and 

Residual Sediment (including NOBOBs) 

Unless the vessel meets one of the exemptions in Part 2.2.3.11, any vessel engaged in 

Pacific Nearshore Voyages as defined in Part 2.2.3.6 which the owner/operator has reported as 

having No Ballast on Board in accordance with Coast Guard regulations, or which have any 

ballast water tank that is empty or contains unpumpable residual water, must follow the 

applicable requirements in Part 2.2.3.6 for those tanks with ballast water and Part 2.2.3.8.1 for 

those tanks which are empty or contain unpumpable residual water. 

2.2.3.8.1	 Nearshore saltwater flushing requirements 

For those tanks which are empty or contain unpumpable residual water, you must either 

seal the tank so that there is no discharge or uptake and subsequent discharge of ballast water 

within waters subject to this permit or conduct saltwater flushing of such tanks in an area 50 

nautical miles from any shore and in waters at least 200 meters deep prior to the discharge or 

uptake and subsequent discharge of any ballast water to or from any waters subject to this 

permit. For purposes of Part 2.2.3.8, saltwater flushing means the addition of water from the 

“coastal exchange zone” to empty ballast water tanks; the mixing of the flush water with residual 

water and sediment through the motion of the vessel; and the discharge of the mixed water, such 

that the resulting residual water remaining in the tank has either a salinity greater than or equal to 

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30 parts per thousand (ppt) or a salinity concentration equal to the ambient salinity of the 

location where the uptake of the added water took place. In order to conduct saltwater flushing, 

the vessel should take on as much coastal exchange zone water into each tank as is safe (for the 

vessel and crew). These requirements apply to all vessels carrying ballast water that will enter 

any US port in the states of Alaska, California, Oregon, or Washington and that travels through 

more than one COTP zone. 

Vessels engaged in voyages that take them further than 200 nm from any shore and who 

will remain outside 200 nm from for a sufficient period to flush ballast water, are not allowed to 

exchange ballast water between 50 and 200 nm from shore to meet the requirements of Part 

2.2.3.7 (unless the master determines that flushing farther than 200 nm from shore would 

interfere with essential vessel operations or safety of the vessel but the master determines that the 

vessel is able to safely flush more than 50 nm from shore) and instead, must conduct flushing 

more than 200 nm from shore in accordance with Part 2.2.3.7 of this permit. For vessels engaged 

in the coastwise trade who are not outside 200 nm for a sufficient period to conduct flushing, 

they may flush outside 50 nm (even if they voyage beyond 200 nm) to meet the requirements of 

this permit. 

For all vessel owner/operators subject to this section that contain some empty ballast 

water tanks and some full ballast water tanks, if you elect to seal those empty tanks, you must not 

allow water from the full tanks to commingle with waters from the empty tanks if it will 

subsequently be discharged into waters subject to this permit. 

2.2.3.9 Vessels Entering the Great Lakes 

In addition to complying with the requirements of this permit, all vessels that are 

equipped to carry ballast water and enter the Great Lakes must comply with 33 CFR Part 151, 

Subpart C titled: “Ballast Water Management for Control of Nonindigenous Species in the Great 

Lakes and Hudson River.” Vessels that operate outside the EEZ and more than 200 nm from any 

shore and then enter the Great Lakes via the Saint Lawrence Seaway System must also comply 

with 33 CFR Part 401.30, which requires oceangoing vessels to conduct saltwater flushing of 

ballast water tanks 200 nautical miles from any shore before entering either the U.S. or Canadian 

waters of the Seaway System. 

2.2.3.10 Discharge Prohibitions 

Vessels referenced in Parts 2.2.3.5, 2.2.3.6, 2.2.3.7, and 2.2.3.8 may not discharge 

unexchanged or untreated ballast water or sediment in waters subject to this permit referenced in 

Part 12.1. 

2.2.3.11 Exemptions: 

The operator or master of a vessel may elect not to exchange ballast water (or not conduct 

saltwater flushing if applicable) if the vessel meets one of the following conditions: 

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•	 The master of the vessel determines, and justifies in writing, and documents in the log or 

record book, that it is unsafe to do so, in accordance with the Coast Guard Regulations at 

33 CFR 151.2030. If this exemption is claimed, the vessel operator must record the date, 

location, and reason for the claim in its recordkeeping documentation. 

•	 The master uses an alternative, environmentally sound method of ballast water 

management that has been approved by the Commandant of the Coast Guard prior to the 

vessel's voyage in accordance with 33 C.F.R. Part 151. 

•	 The vessel is accepted by the U.S. Coast Guard into the Shipboard Technology 

Evaluation Program (STEP), the technology is operated in accordance with requirements 

of that program, and the acceptance has not been withdrawn. 

•	 The master retains all ballast water on board the vessel for the duration of the vessel’s 

voyage in waters subject to this permit. 

•	 The vessel is not engaged in an international voyage and does not traverse more than one 

COTP zone. 

•	 In the case of Pacific Nearshore Voyages, the vessel need not comply with Parts 2.2.3.6 

or 2.2.3.8 of this permit if the ballast water consists of water drawn exclusively from 

treated municipal or similar water supplies (e.g. potable water), provided that such ballast 

water is not mixed with any ballast water or sediments from other sources. 

Additionally, except for vessels entering the Great Lakes, a vessel is not required to 

deviate from its voyage, or delay the voyage to conduct Ballast Water Exchange or Saltwater 

Flushing. 

2.2.4 Anti-Fouling Hull Coatings 

•	 All anti-fouling hull coatings subject to registration under FIFRA (see 40 CFR 152.15) 

must be registered, sold or distributed, applied, maintained, and removed in a manner 

consistent with applicable requirements on the coatings’ FIFRA label. 

•	 For anti-fouling hull coatings not subject to FIFRA registration (i.e. not produced for sale 

and distribution in the United States), hull coatings must not contain any biocides or toxic 

materials banned for use in the United States (including those on EPA’s List of Banned 

or Severely Restricted Pesticides). This requirement applies to all vessels, including those 

registered and painted outside the United States. 

At the time of initial application or scheduled reapplication of anti-fouling coatings, you 

must give consideration, as appropriate for vessel class and vessel operations, to the use of hull 

coatings with the lowest effective biocide release rates, rapidly biodegradable components (once 

separated from the hull surface), or non-biocidal alternatives, such as silicone coatings. 

Some ports and harbors are impaired by copper. These waters include Shelter Island 

Yacht Basin in San Diego, California and waters in and around the ports of Los Angeles/Long 

Beach. A complete list of such waters may be found at www.epa.gov/npdes/vessels. When 

vessels spend considerable time in these waters (defined as spending more than 30 days per 

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year), or use these waters as their home port (i.e. house boats, ferries or rescue vessels), vessel 

owner/operators shall consider using antifouling coatings that rely on a rapidly biodegradable 

biocide or another alternative rather than copper based coatings. If after consideration of 

alternative biocides, vessel operators continue to use copper based antifoulant paints, they must 

document in their recordkeeping documentation how this decision was reached. 

The discharge of Tributyltin (TBT) or any other organotin compound is prohibited by this 

permit. Therefore, vessel operators covered by this permit have a zero discharge standard for 

TBT or any other organotin compound. You may not use an antifoulant coating containing TBT 

or any other organotin compound. If the vessel has previously been covered with a hull coating 

containing TBT or any other organotin compound, vessels must be effectively overcoated so that 

no TBT or other organotin leaches from the vessel hull or the TBT or other organotin coating 

must have been removed from the vessel’s hull. 

2.2.5 Aqueous Film Forming Foam (AFFF) 

Discharges of AFFF are authorized for emergency purposes when needed to ensure the 

safety and security of the vessel and her crew. 

For all vessels that sail outside of the territorial sea more than once per month, 

maintenance and training discharges of fluorinated AFFF are not authorized within waters 

subject to this permit (Any such discharges should be collected and stored for onshore disposal 

or scheduled when the vessel is outside such waters). Discharge volumes associated with 

regulatory certification and inspection must be minimized and a substitute foaming agent (i.e. 

non-fluorinated) must be used if possible within waters subject to this permit. 

For vessels that do not leave the territorial sea more than once per month, if maintenance 

and training discharges are required, AFFF must be collected and stored for onshore disposal if 

technologically feasible unless the vessel uses non-fluorinated or alternative foaming agent. For 

those vessels for which it is not technologically feasible to collect and store the fluorinated AFFF 

foam, vessel owner/operators must limit the discharge to that amount necessary to conduct 

legally required tests. Training should be conducted as far from shore as is practicable. 

Maintenance and training discharges are not allowed in port. 

For all vessels, AFFF discharges may not occur in or within 1 nm of a water referenced in 

Part 12.1 unless they are discharged: 

•	 For emergency purposes, 

•	 By rescue vessels such as fireboats for firefighting purposes, 

•	 By vessels owned or under contract to do business exclusively in or within 1 nm of those 

protected areas by the United States government or state or local governments. 

If AFFF discharge occurs in waters in Part 12.1 for emergency purposes, a written 

explanation must be kept in the ship’s log or other vessel recordkeeping documentation 

consistent with Part 4.2 of this permit. 

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2.2.6 Boiler/Economizer Blowdown 

Minimize the discharge of boiler/economizer blowdown in port if chemicals or other 

additives are used to reduce impurities or prevent scale formation. For vessels greater than 400 

gross tons which leave the territorial sea at least once per week, boiler/economizer blowdown 

may not be discharged in waters subject to this permit, unless: 

•	 The vessel remains within waters subject to this permit for a longer period than the 

necessary duration between blowdown cycles, 

•	 The vessel needs to conduct blowdown immediately before entering drydock, or 

•	 For safety purposes. 

For all vessels, boiler/economizer blowdown may not be discharged in waters referenced 

in Part 12.1 except for safety purposes. Furthermore, boiler/economizer blowdown should be 

discharged as far from shore as practical. 

2.2.7 Cathodic Protection 

Cathodic protection must be maintained to prevent the corrosion of the ship’s hull. The 

discharge of zinc, magnesium, and aluminum are expected from properly functioning cathodic 

protection sacrificial electrodes. However, vessel operators must minimize the flaking of large, 

corroded portions of these anodes. Sacrificial anodes must not be used more than necessary to 

adequately prevent corrosion of the vessel’s hull, sea chest, rudder, and other exposed areas of 

the vessel. Vessel operators must appropriately clean and/or replace these anodes in periods of 

maintenance (such as drydocking), so that release of these metals to waters is minimized. 

Vessel operators should be cognizant that magnesium is less toxic than aluminum, which 

is less toxic than zinc. If vessel operators use sacrificial electrodes, they must use the metals that 

are less toxic to the extent technologically feasible and economically practicable and achievable. 

EPA recommends the use of Impressed Current Cathodic Protection (ICCP) in place of or 

to reduce the use of sacrificial electrodes when technologically feasible (e.g. adequate power 

sources, appropriate for vessel hull size and design), safe, and adequate to protect against 

corrosion, particularly for new vessels. If vessel operators use ICCP, they must maintain 

dielectric shields to prevent flaking. 

2.2.8 Chain Locker Effluent 

The anchor chain must be carefully and thoroughly washed down (i.e., more than a 

cursory rinse) as it is being hauled out of the water to remove sediment and marine organisms. In 

addition, chain lockers must be cleaned thoroughly during dry docking to eliminate accumulated 

sediments and any potential accompanying pollutants. For vessels that regularly sail outside 

waters subject to this permit, if technically feasible, periodically clean, rinse, and/or pump out 

the space beneath the chain locker prior to entering waters subject to this permit (preferably mid 

ocean) if the anchor has been lowered into any nearshore waters. Furthermore, for vessels that 

leave waters subject to this permit at least once per month, chain lockers may not be rinsed or 

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pumped out in waters subject to this permit, unless not emptying them would compromise safety. 

Such a safety claim must be documented in the vessel’s recordkeeping documentation consistent 

with Part 4.2. 

2.2.9	 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil to Sea 

Interfaces including Lubrication discharges from Paddle Wheel Propulsion, Stern 

Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, 

Propulsion Pod Lubrication, and Wire Rope and Mechanical Equipment Subject to 

Immersion. 

The protective seals on controllable pitch propellers, azimuth thrusters, propulsion pods, 

rudder bearings, or any other oil to sea interfaces must be maintained in good operating order to 

minimize the leaking of hydraulic oil or other oils. The vessel owner/operator must not discharge 

oil in quantities that may be harmful as defined in 40 CFR Part 110 from any oil to sea interface. 

If possible, maintenance activities on controllable pitch propellers, thrusters and other oil-to-sea 

interfaces should be conducted when a vessel is in drydock. 

Minimize maintenance activities on stern tube seals when a vessel is outside of drydock. 

If maintenance or emergency repair must occur on stern tubes or other oil-to sea interfaces which 

have a potential to release oil in quantities that may be harmful as defined in 40 CFR Part 110, 

appropriate spill response resources (e.g. oil booms) must be used to contain any oil leakage. 

Operators of the vessel must have ready access to any spill response resources to clean any 

potential oil spills. 

After applying lubrication to wire rope and mechanical equipment subject to immersion, 

wire ropes and other equipment must be thoroughly wiped-down to remove excess lubricant. 

Owner/operators should use an environmentally preferable lubricant, including vegetable 

oil, synthetic ester, or polyalkylene glycol as a base for these applications when feasible. Use of 

an environmentally preferable lubricant does not authorize the discharge of any lubricant in a 

quantity that may be harmful as defined in 40 CFR Part 110. 

2.2.10 Distillation and Reverse Osmosis Brine 

Brine from the distillation system and reverse osmosis reject water shall not contain or 

come in contact with machinery or industrial equipment (other than that necessary for the 

production of potable water), toxic or hazardous materials, or wastes. 

2.2.11 Elevator Pit Effluent 

Discharges of untreated elevator pit effluent are not authorized within waters subject to 

this permit except in cases of emergency. Elevator pit effluent may be discharged into waters 

subject to this permit if it is managed with the vessel’s bilgewater and meets all the requirements 

of Part 2.2.2 of this permit or it must otherwise be treated with an oily-water separator and 

discharged with an oil content below 15 ppm as measured by EPA Method 1664 or other 

appropriate method for determination of oil content as accepted by the International Maritime 

Organization (IMO) (e.g. ISO Method 9377) or U.S. Coast Guard. Emergency discharges must 

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be documented in the ship’s log or other vessel recordkeeping documentation consistent with 

Part 4.2. 

2.2.12 Firemain Systems 

Discharges from firemain systems are authorized for emergency purposes when needed 

to ensure the safety and security of the vessel and her crew, other emergency situations, and for 

testing and inspection purposes as may be required to assure its operability in an emergency. 

Firemain systems may be discharged in port for certification, maintenance, and training 

requirements if the intake comes directly from the surrounding waters or potable water supplies 

and there are no additions to the discharge. Furthermore, firemain discharges may be discharged 

for deck washdown or other secondary uses if the intake comes directly from the surrounding 

waters or potable water supplies and the discharge meets all relevant effluent limitation 

associated with that activity. When feasible, maintenance and training should be conducted 

outside port and/or outside waters subject to this permit. 

Do not discharge firemain systems in waters listed in Part 12.1 except in emergency 

situations or when washing down the anchor chain to comply with anchor wash down 

requirements in Part 2.2.8. 

2.2.13 Freshwater Layup 

Minimize the amount of disinfection agents used in freshwater layup to the minimum 

required to prevent aquatic growth. 

2.2.14 Gas Turbine Wash Water 

Gas turbine wash water must not be directly discharged within waters subject to this 

permit. Where feasible, such washwater must be prevented from commingling with bilge water 

that will be discharged in waters subject to this permit, for example by collecting it separately 

and properly disposing of it on-shore. Under no circumstances may oils, including oily mixtures, 

from gas turbine wash water be discharged in waters subject to this permit in quantities that may 

be harmful as determined in accordance with 40 CFR Part 110. 

2.2.15 Graywater 

All vessels must minimize the discharge of graywater while in port. For those vessels that 

cannot store graywater, the owner or operator and their crews should minimize the production of 

graywater in port. All vessels that have the capacity to store graywater shall not discharge that 

graywater in waters listed in Part 12.1. For vessels that cannot store graywater, vessel operators 

must minimize the production of graywater while in waters listed in Part 12.1. 

For vessels greater than 400 gross tons that regularly travel more than 1 nm from shore 

that have the capacity to store graywater for a sufficient period, graywater must be discharged 

greater than 1 nm from shore while the vessel is underway, unless the vessel meets the treatment 

standards and other requirements contained under Parts 5.1.1 and 5.1.2 or 5.2.1 and 5.2.2 of this 

permit. Additional specific requirements for Graywater apply to Cruise Vessels (Parts 5.1 and 

5.2) and Large Ferries (Part 5.3). 

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Vessels that do not travel more than 1 nm from shore shall minimize the discharge of 

graywater and, provided the vessel has available graywater storage capacity, must dispose of 

graywater on shore if appropriate facilities are available and such disposal is economically 

practicable and achievable unless the vessel meets the treatment standards and other 

requirements contained under Parts 5.1.1 and 5.1.2 or 5.2.1 and 5.2.2 of this permit. Minimize 

the discharge of graywater when the vessel is not underway. 

If graywater will be discharged in waters subject to this permit, the introduction of 

kitchen oils must be minimized to the graywater system. When cleaning dishes, you must 

remove as much food and oil residue as practicable before rinsing dishes. Oils used in cooking 

shall not be added to the graywater system. Oil from the galley and scullery shall not be 

discharged in quantities that may be harmful as defined in 40 CFR Part 110. 

Vessel owner/operators must use phosphate free and non-toxic soaps and detergents for 

any purpose if they will be discharged into waters subject to this permit. These detergents must 

be free from toxic or bioaccumulative compounds and not lead to extreme shifts in receiving 

water pH. 

If you are underway in a nutrient impaired water, or a water that is impaired as a result of 

nutrient enrichment (such as waters listed as impaired for phosphorus, nitrogen, or for hypoxia or 

anoxia (low dissolved oxygen concentrations)) you must follow these additional steps: 

When the vessel has adequate graywater storage capacity, the vessel owner/operator shall 

not discharge graywater into nutrient impaired waters subject to this permit (e.g., the Chesapeake 

Bay). A complete list of such waters can be found at www.epa.gov/npdes/vessels. Where the 

vessel does not have adequate storage capacity to eliminate such discharges, graywater 

production and discharge must be minimized in such waters. Any such discharge must be 

conducted while the vessel is underway in areas with significant circulation and depth to the 

extent feasible. Graywater stored while in such waters can later be disposed of on shore or 

discharged in accordance with the other requirements of this permit. 

2.2.16 Motor Gasoline and Compensating Discharge 

The discharge of motor gasoline and compensating effluent must not have oil in 

quantities that may be harmful as defined in 40 CFR 110.3, which includes discharges resulting 

in a visible sheen, or an oil concentration that exceeds 15 ppm. Determination of oil 

concentration may be measured by EPA Method 1664 or other appropriate method for 

determination of oil content as accepted by the International Maritime Organization (IMO) (e.g. 

ISO Method 9377) or U.S. Coast Guard. Compliance with the 15 ppm oil concentration 

limitation may be established with visual monitoring for an oily sheen. Minimize discharge of 

motor gasoline and compensating discharge in port. If an oily sheen is observed, the vessel 

operator must deploy appropriate oil containment practices. Vessels shall not discharge motor 

gasoline and compensating discharge in waters subject to this permit listed in Part 12.1. 

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2.2.17 Non-Oily Machinery Wastewater 

If discharged directly overboard, non-oily machinery wastewater must be free from oils 

(in quantities that may be harmful pursuant to 40 CFR Part 110) and any additives that are toxic 

or bioaccumulative in nature. Non-oily machinery wastewater may also be drained to the bilge. 

2.2.18 Refrigeration and Air Condensate Discharge 

You must not allow refrigeration and air condensate discharge to come into contact with 

oily or toxic materials if it is discharged directly overboard. Refrigeration and air conditioning 

condensate that is collected and plumbed for internal recycling (e.g. recycled as “technical 

water”) is allowed to commingle with oily water; however, the commingled discharge must meet 

all requirements of Part 2.1.4 of this permit and Part 2.2.2 of this permit if applicable. 

2.2.19 Seawater Cooling Overboard Discharge (including non-contact engine cooling 

water; hydraulic system cooling water, refrigeration cooling water) 

When possible, seawater cooling overboard should be discharged when the vessel is 

underway so that any thermal impacts are dispersed. 

To reduce the production and discharge of seawater cooling overboard discharge, EPA 

recommends that vessel owner/operators use shore based power when the vessel is in port if: 

•	 Shore power is readily available for vessel owner/operators from utilities or port 

authorities, 

•	 Shore based power supply systems are capable of providing all needed electricity 

required for vessel operations; and 

•	 The vessel is equipped to connect to shore-based power and such systems are compatible 

with the available shore power. 

Maintenance of all piping and seawater cooling systems must meet the requirements of 

Part 2.2.20 (Seawater-Piping Biofouling Prevention). 

2.2.20 Seawater Piping Biofouling Prevention 

Seawater piping biofouling chemicals subject to FIFRA registration (see 40 CFR 152.15) 

must be used in accordance with their FIFRA label. No pesticides or chemicals banned for use in 

the United States may be discharged into waters subject to this permit. 

Vessel owner/operators must use the minimum amount of biofouling chemicals needed to 

keep fouling under control. Discharges containing active agents must contain as little chlorine as 

possible. 

Vessel owner/operators must remove fouling organisms from seawater piping on a 

regular basis and dispose of removed substances in accordance with local, State, and federal 

regulations. Removed fouling organisms shall not be discharged into waters subject to this 

permit and EPA recommends that if discharged into waters, should be discharged more than 50 

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nm from shore. Vessel owner/operators should remove any organisms while at sea to reduce the 

risk of invasive species introduction in ports. 

2.2.21 Boat Engine Wet Exhaust 

Vessels generating wet exhaust must be maintained in good operating order, well tuned, 

and functioning according to manufacturer specifications if available to decrease pollutant 

contributions to wet exhaust. Vessel owner/operators should use low sulfur or alternative fuels 

for their vessels to reduce the concentration of pollutants in their discharge. 

EPA encourages vessel operators to consider four stroke versus two stroke engines for 

vessels generating wet exhaust that are covered under this permit. Use of a four stroke engine 

may minimize the discharge of pollutants to US waters. 

2.2.22 Sonar Dome Discharge 

The water inside the sonar dome shall not be discharged within waters subject to this 

permit for maintenance purposes. Vessel operators should not use biofouling chemicals that are 

bioaccumulative for the exterior of sonar domes when other viable alternatives are available. 

2.2.23 Underwater Ship Husbandry Discharges 

Vessel owner/operators must minimize the transport of attached living organisms when 

they travel into U.S. waters from outside the U.S. economic zone or when traveling between 

COTP zones. 

Whenever possible, rigorous hull-cleaning activities should take place in drydock, or 

another land-based facility where the removal of fouling organisms or spent antifouling coatings 

paint can be contained. If water-pressure based systems are used to clean the hull and remove old 

paint, use facilities which treat the washwater prior to discharge to remove the antifouling 

compound(s) and fouling growth from the washwater. 

Vessel owner/operators who remove fouling organisms from hulls while the vessel is 

waterborne must employ methods that minimize the discharge of fouling organisms and 

antifouling hull coatings. These shall include: 

•	 Selection of appropriate cleaning brush or sponge rigidity to minimize removal of 

antifouling coatings and biocide releases into the water column. 

•	 Limiting use of hard brushes and surfaces to the removal of hard growth. 

•	 When available and feasible, use of vacuum control technologies to minimize the release 

or dispersion of antifouling hull coatings and fouling organisms into the water column. 

Vessel owner/operators must minimize the release of copper based antifoulant paint into 

the water column when they clean their vessel. Cleaning of copper based antifoulant paints must 

not result in any visible cloud or plume of paint in the water: if a visible cloud or plume of paint 

develops, shift to a softer brush or less abrasive cleaning technique. A plume or cloud of paint 

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can be noted by the presence of discoloration or other visible indication that is distinguishable 

from hull growth or sediment removal. Production of a plume or cloud of sediment or hull 

growth is normal in some cases during vessel hull cleaning, but this plume or cloud should be 

substantially paint free (e.g. paint should not be clearly identifiable in the plume or cloud). 

Vessels that use copper based anti-fouling paint must not clean the hull in copper 

impaired waters within the first 365 days after paint application unless there is a significant 

visible indication of hull fouling. 

2.2.24 Welldeck Discharges 

Welldeck discharges that contain graywater from smaller vessels should not be 

discharged within waters subject to this permit except in cases of emergency. Welldeck 

discharges from washdown of gas turbine engines may not be discharged within waters subject 

to this permit. Welldeck discharges from equipment and vehicle washdowns must be free from 

garbage and must not contain oil in quantities that may be harmful as defined in 40 CFR Part 

110. 

2.2.25 Graywater Mixed with Sewage from Vessels 

The commingled discharge of graywater mixed with sewage from vessels must comply 

with the effluent limits for graywater discharge in Part 2 or Part 5 of this permit if applicable. 

Though not a requirement of this permit, vessel owner/operators are advised that all discharges 

commingled with sewage must meet the requirements set forth in section 312 of the Clean Water 

Act and its implementing regulations found at 40 CFR Part 140 and 33 CFR Part 159. Hence, 

discharges of graywater mixed with sewage must meet both standards to be in compliance with 

the Clean Water Act. 

2.2.26 Exhaust Gas Scrubber Washwater Discharge 

Exhaust gas scrubber washwater discharge must not contain oil, including oily mixtures, 

in quantities that may be harmful as determined in accordance with 40 CFR Part 110. Sludge 

generated from exhaust gas scrubber washwater discharge must not be discharged in waters 

subject to this permit. In addition, EPA recommends that owner/operators of vessels with 

exhaust gas cleaning systems that result in washwater discharges follow the guidelines set out in 

section 10 for Exhaust Gas Cleaning Systems (resolution MEPC.170(57)). 

2.3 Water Quality Based Effluent Limits 

The requirements in Part 2.3 constitute the water quality-based effluent limitations in this 

permit. These water quality-based effluent limitations supplement this permit’s technology-based 

limitations in Parts 2.1, 2.2, 2.3.2 and 5 of this permit. 

2.3.1 Water Quality-Based Effluent Limitations 

Your discharge must be controlled as necessary to meet applicable water quality 

standards in the receiving waterbody or another waterbody impacted by your discharges. 

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EPA generally expects that compliance with the other conditions in this permit, including 

Parts 2.1, 2.2, and 5, will control discharges as necessary to meet applicable water quality 

standards. If at any time you become aware, or EPA determines, that your discharge causes or 

contributes to an exceedance of applicable water quality standards, you must take corrective 

actions as required in Part 3; you must also report the exceedance(s) to EPA as required in Parts 

1.13 and 4.4.1. 

Additionally, EPA may impose additional water quality-based limitations on a sitespecific basis, or require you to obtain coverage under an individual permit, if information in 

your NOI (if applicable), required reports, or from other sources indicates that, after meeting the 

water quality-based limitations in this section, your discharges are not controlled as necessary to 

meet applicable water quality standards, either in the receiving waterbody or another waterbody 

impacted by your discharges. EPA or an authorized representative of EPA may inform vessel 

owner/operators of specific requirements via dock side postings at marinas and ports or by 

specifically contacting the owner/operator of a vessel. 

2.3.2 Dischargers to Water Quality Impaired Waters 

Impaired waters or “water quality limited segment[s]” are those which have been 

identified by a State or EPA pursuant to Section 303(d) of the CWA as not meeting applicable 

State water quality standards. Impaired waters may include both waters with EPA-approved or 

EPA-established Total Maximum Daily Loads (TMDLs), and those for which EPA has not yet 

approved or established a TMDL. 

2.3.2.1 Discharges to Impaired Waters without an EPA-Approved or Established TMDL 

If you discharge to an impaired water without an EPA-approved or established TMDL, 

you are required to comply with the requirements in Part 2.3.1, including any additional 

requirements that EPA may impose pursuant to that section. Note that this provision also applies 

to situations where EPA determines that your discharge is not controlled as necessary to meet 

water quality standards in another waterbody, even if your discharge is to a receiving water that 

is not specifically identified on a Section 303(d) list. 

2.3.2.2 Discharges to Impaired Waters with an EPA-Approved or Established TMDL 

If you discharge to an impaired water with an EPA-approved or established TMDL and 

EPA or state TMDL authorities have informed you that a Waste Load Allocation (WLA) has 

been established that applies specifically to your vessel’s discharges, to discharges from vessels 

in your vessel class or type, or to discharges from vessels in general if applicable, your discharge 

must be consistent with the assumptions and requirements of that WLA. If such a WLA exists, 

EPA will inform you if any additional limits or controls are necessary for your discharge to be 

consistent with the assumptions of any available WLA in the TMDL, or whether an individual 

permit application is necessary in accordance with Part 1.8.1. Note that this provision also 

applies to situations where EPA determines that your discharges are covered by the WLA in an 

EPA approved or established TMDL for another waterbody, even if your discharge is to a 

receiving water that is not specifically identified on a Section 303(d) list. 

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If an applicable TMDL exists either individually or categorically for your vessel or vessel 

class (including disallowing discharges from your vessel), EPA and/or state TMDL agencies will 

inform vessel owner/operators of specific requirements via dock side postings, or by specifically 

contacting the owner/operator of a vessel. 

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3. Corrective Actions 

This corrective action section in no way impairs EPA’s or an authorized representative 

acting on EPA’s behalf ability to require remedies to bring vessel owner/operators into 

compliance. EPA may take enforcement action to require any remedy necessary to achieve 

compliance as quickly as possible, including more stringent time tables than those listed in this 

section. 

3.1 Problems Triggering the Need for Corrective Action 

If any of the following problems are identified, you must take action to ensure that the 

problem is eliminated and will not be repeated in the future: 

•	 You violate one or more effluent limits in Part 2 or Part 5 or any other requirement of this 

permit, or an inspection or evaluation of your vessel by an EPA official or an official 

agent acting on EPA’s behalf determines that modifications to the control measures are 

necessary to meet the effluent limit; 

•	 You become aware, or EPA determines, that your measures do not control discharges as 

stringently as necessary to meet applicable water quality standards; or 

•	 You find, or EPA determines, that your pollution control measures or best management 

practices are not being properly operated and maintained, or are not having the intended 

effect in minimizing pollutant discharges. 

Problems might be identified through: the routine visual inspections or comprehensive 

annual inspections required by this permit under Part 4; any other inspection or evaluation of 

your operations by you, a government official, or anyone else; or through any other means. 

3.2 Corrective Action Assessment 

Following the identification of any of the problems listed in Part 3.1, you must conduct a 

corrective action assessment into the nature, cause, and potential options for eliminating these 

problems. The assessment must include the following: 

•	 A description of the problem(s) discovered (e.g., the release of untreated ballast water not 

meeting the effluent limit, spilling oil in quantities that may be harmful as defined in 40 

CFR Part 110), including the date, time and locations on the vessel where it occurred, the 

types of impacts observed, and the name, title and signature of the person who identified 

the problem and of the person who recorded the problem; 

•	 An explanation of the cause of the problem(s), if known. If unknown at the time of the 

assessment, provide an indication of what steps will be taken to determine the cause; 

•	 A description of the corrective actions to be taken necessary to eliminate the problem(s), 

and a schedule of activities for completing such actions within the timeframes established 

in Part 3.3; 

•	 An indication whether the corrective action requires the vessel to be in dry dock and, if 

so, the next planned date the vessel will be drydocked; and 

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•	 Once the corrective action is implemented, record the date(s) and time(s) of the action, a 

description of the corrective action implemented, and the name, title and signature of the 

person recording this information. 

You must retain the findings of your corrective action assessment in your recordkeeping 

documentation or in your ship’s log (pursuant to Part 4.2.3), signed and certified in accordance 

with Part 1.7 of this permit. 

3.3 Deadlines for Eliminating Problem 

Compliance with many permit requirements can be accomplished immediately. These 

requirements include, but are not limited to housekeeping and certain operation and maintenance 

requirements. In these situations, you must return to compliance immediately. 

Compliance with some permit requirements may require additional time for the vessel 

owner/operator to reasonably correct the problem. The following deadlines apply for eliminating 

the problem identified in Part 3.1 depending on the type of corrective action that must be taken: 

•	 Corrective actions that can be accomplished with relatively simple adjustments to your 

control measures, using existing personnel and resources, and not requiring the vessel to 

be in dry dock: as soon as possible but no later than 2 weeks after the discovery of the 

problem, or, if leaving waters subject to this permit, before the expiration of the twoweek period or before re-entering waters subject to this permit, whichever is later; 

•	 Corrective actions that require new parts or the installation of new equipment, not 

requiring the vessel to be in dry dock: you must address the underlying cause of the 

noncompliance and return to compliance and/or complete necessary repairs no later than 

3 months after the discovery of the problem, or, if leaving waters subject to this permit, 

before the expiration of the three-month period or before re-entering waters subject to 

this permit, whichever is later. However, if completing repairs within 3 months is 

impracticable, you must complete repairs as soon as possible after 3 months and 

document the reason why more time is needed as part of your corrective action 

assessment; 

•	 For corrective actions that require large or comprehensive renovations, alterations, or 

repairs to the vessel that can only be achieved while the vessel is in dry dock: you must 

address the underlying cause of the noncompliance and return to compliance and/or 

complete necessary renovations or repairs prior to re-launching the vessel from dry dock. 

3.4 Effect of Corrective Action 

The initial occurrence of the problem in Part 3.1 constitutes a violation of the permit. 

Conducting the Part 3.2 assessment and correcting the problem according to Part 3.3 does not 

absolve you of liability for this original violation. However, failure to comply with Parts 3.2 

and/or 3.3 constitutes an additional permit violation. EPA will consider the appropriateness and 

promptness of corrective action in determining enforcement responses to permit violations. 

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EPA may impose additional requirements and schedules of compliance, including 

requirements to submit additional information concerning the condition(s) triggering corrective 

action or schedules and requirements more stringent than specified in this permit. Those 

requirements and schedules will supersede those of Part 3.3 if such requirements conflict. EPA 

may also notify you that an individual permit application is necessary in accordance with Part 

1.8.1. 

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4. Inspections, Monitoring, Reporting, and Recordkeeping 

4.1 Self Inspections and Monitoring 

You must conduct the following inspections of your vessel. 

4.1.1 Routine Visual Inspections 

Conduct routine visual inspections of all areas addressed in this permit, including, but not 

limited to cargo holds, boiler areas, machinery storage areas, welldecks, and other deck areas. 

Ensure these areas are clear of garbage, exposed raw materials, oil, any visible pollutant or 

constituent of concern that could be discharged in any waste stream, and that pollution 

prevention mechanisms are in proper working order. At a minimum, the routine inspection must 

verify that requirements of Part 2.1 are being met and document any instances of noncompliance. Routine inspections should be conducted on a schedule that coincides with other 

routine vessel inspections if feasible. At least once per week or per voyage, whichever is more 

frequent, you must conduct a visual inspection of safely accessible deck and cargo areas and all 

accessible areas where chemicals, oils, dry cargo or other materials are stored, mixed, and used, 

whether or not the areas have been used since the last inspection. If operators engage in multiple 

voyages per day, they need not conduct inspections on every voyage, but must conduct 

inspections at least once per day. Furthermore, the inspection should verify whether all 

monitoring, training, and inspections are logged according to permit requirements. A ship’s 

watch must include visual monitoring of the water around and behind the vessel for visible 

sheens, dust, chemicals, abnormal discoloration or foaming, and other indicators of pollutants or 

constituents of concern originating from the vessel. Particular attention should be paid to deck 

runoff, ballast water, and bilgewater. If you identify or are made aware that pollutants or 

constituents of concern are originating from your vessel, you must initiate corrective actions in 

Part 3. Vessel owner/operators may conduct these inspections as part of meeting their existing 

(or updated) international safety management code (ISM) safety management system (SMS) plan 

obligations, provided that those inspections meet the minimum requirements discussed above. 

At least once per quarter, you must sample any discharge stream such as bilgewater or 

graywater if accessible that is not readily visually inspected, such as effluent streams discharged 

below the water line. Inspect the sample for any signs of visible pollutants or constituents of 

concern, including discoloration, visible sheens, suspended solids, floating solids, foam, or 

changes to clarity. If you discover signs of oil, other pollutants, or other constituents of concern 

exceeding the applicable effluent limit, you must record the steps you have taken to prevent the 

continued discharge of these pollutants or constituents of concern and what corrective actions 

were taken to remediate the problem(s). Sampling of readily visible discharges is not required, 

but is recommended if the inspector cannot easily view their discharge characteristics (such as 

clarity or discoloration, presence of oily sheens, presence of foams, etc.). The vessel 

owner/operator and master are responsible for assuring that all discharges comply with the 

effluent limits in Part 2 of this permit and these visible inspections are one such tool a Master or 

owner/operator may use. 

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4.1.1.1 Documentation of the Routine Vessel Inspection 

You must document the findings of each routine vessel inspection in the official ship 

logbook or as a component of other recordkeeping documentation referenced in Part 4.2. You 

must document the date and time of inspection, ship locations inspected, personnel conducting 

the inspection, location of any visual sampling and observations, note any potential problems and 

sources of contamination found, and it must be signed by the person conducting the inspection, if 

not the Master. The person conducting the inspection must be a signatory under 40 Part 122.22. 

A signatory includes the person in charge (e.g. the Master), or his duly authorized representative. 

The records of routine visual inspections must be made available to EPA or its authorized 

representative upon request. Vessel operators must initiate corrective actions, as required under 

Part 3 of this permit, for problems noted in their inspections. 

4.1.2 Analytical Monitoring 

Analytical monitoring requirements are identified in Part 5 of this permit. 

4.1.3 Comprehensive Annual Vessel Inspections 

Comprehensive vessel inspections must be conducted by qualified personnel at least once 

every 12 months. Qualified personnel include the master or owner/operator of the vessel, if 

appropriately trained, or appropriately trained marine or environmental engineers or technicians 

or an appropriately trained representative of a vessel’s class society acting on behalf of the 

owner/operator. 

Comprehensive annual inspections must cover all areas of the vessel affected by the 

requirements in this permit that can be inspected without forcing a vessel into drydock. Special 

attention should be paid to those areas most likely to result in a discharge likely to cause or 

contribute to exceedances of water quality standards or violate effluent limits established in this 

permit. Areas that inspectors must examine include, but are not limited to: 

•	 Vessel hull for attached living organisms, flaking antifoulant paint, exposed TBT or other 

organotin surfaces, 

•	 Ballast water tanks, as applicable, 

•	 Bilges, pumps, and oily water separator (OWS) sensors, as applicable, 

•	 Protective seals for lubrication and hydraulic oil leaks, 

•	 Oil and chemical storage areas, cargo areas, and waste storage areas, and 

•	 All visible pollution control measures to ensure that they are functioning properly. 

If any of these portions of the vessel are not inspectable without the vessel entering 

drydock, the vessel owner/operator must inspect these areas during their drydock inspection and 

their results must be documented in their drydock inspection reports. Furthermore, vessel 

owner/operators must document which portions of the vessel are not inspectable for the annual 

inspection in their recordkeeping documentation. 

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The annual inspections must also include a review of monitoring data collected in 

accordance with Part 5 if applicable, and routine maintenance records to ensure that required 

maintenance is being performed (e.g., annual tune-ups for small boats that have wet exhaust). 

Inspectors must also consider the results of the past year’s visual and analytical monitoring when 

planning and conducting inspections. 

When comprehensive vessel inspection schedules overlap with routine vessel inspections 

required under Part 4.1.1, your annual comprehensive vessel inspection may also be used as one 

of the routine inspections, as long as components of both types of inspections are included. 

If inspections revealed flaws that would result in a violation of the effluent limits in Parts 

2 and 5, or that indicated that control measures are not functioning as anticipated or are in need 

of repair or upgrade, you must take corrective action to resolve such flaws in accordance with 

Part 3. You must record all results from your annual inspection in your vessel’s recordkeeping 

documentation or logbook. 

4.1.4 Drydock Inspection Reports 

Vessel owner/operators must make any drydock reports prepared by the class society or 

their flag administrations available to EPA or an authorized representative of EPA upon request. 

If you do not have a drydock report from either of these entities, you must prepare your own 

drydock report and it must be made available to EPA or an authorized representative of EPA 

upon request. The drydock report must note that: 

•	 The chain locker has been cleaned for both sediment and living organisms, 

•	 The vessel hull, propeller, rudder, thruster gratings, sea chest, and other surface areas of 

the vessel have been inspected for attached living organisms and those organisms have 

been removed or neutralized, 

•	 Any antifoulant hull coatings have been applied, maintained and removed consistent with 

the FIFRA label if applicable; any exposed existing or any new coating does not contain 

biocides or toxics that are banned for use in the United States, 

•	 For all cathodic protection, anodes or dialectic coatings have been cleaned and/or 

replaced to reduce flaking, and 

•	 All pollution control equipment is properly functioning. 

4.2 Recordkeeping 

For all vessels covered by this permit, you must keep written records on the vessel or 

accompanying tug that include the following information: 

1) Owner/Vessel information 

i) Name, 

ii) International Maritime Organization (IMO) Number (official number if 

IMO number not issued), 

iii) Vessel type, 

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iv) 

v) 

vi) 

vii) 

viii) 

ix) 

Owner or operator company name, 

Owner or operator certifying official’s name, 

Address of owner/operator, 

Gross tonnage, 

Call sign, and 

Port of Registry (Flag). 

2) Voyage Log. Include the dates and ports of arrival, vessel agent(s), last port and 

country of call, and next port and country of call (when known). 

3) If you have any violation of any effluent limit, you must document the violation. 

You must also record: 

i) 

ii) 

iii) 

iv) 

v) 

vi) 

A description of the violation, 

Date of the violation, 

Name, title and signature of the person who identified the violation, 

Name, title and signature of the person who is recording the violation (if 

different from person who identified the violation), 

If a Corrective Action Assessment pursuant to Part 3.2 is needed, attach a 

copy or indicate where the corrective action assessment is stored, and 

If a Corrective Action Assessment was previously conducted pursuant to 

Part 3.2 (and revisions are not needed for this violation of the effluent 

limit), a reference to that previous corrective action assessment. 

4) Log of deficiencies and problems found during routine inspections conducted 

under Part 4.1.1, including a discussion of any corrective actions required by Part 

3 if applicable. Include date, inspector’s name, findings, and corrective actions 

planned or taken. If no deficiencies or problems are found during a routine 

inspection, record that the inspection was completed with the inspector’s name 

and date. Routine visual inspections must be recorded as completed according to 

Part 4.1.1. 

5) Analytical results of all monitoring conducted under Part 4.1.2, including sample 

documentation, results, and laboratory QA documentation. 

6) Log of findings from annual inspections conducted under Part 4.1.3, including a 

discussion of any corrective actions planned or taken required by Part 3. Include 

date, inspector’s name, findings, and corrective actions taken. 

7) Record of any specific requirements in Part 2.3 given to your vessel by EPA, or 

clearly posted by state agencies and how you have met those requirements. 

8) Additional maintenance and discharge information to be recorded and kept in a 

log on the vessel. 

i) Deck maintenance. Record dates, materials used, application process, etc. 

for any significant maintenance of the deck surface(s) (e.g. more than 

routine, daily cleaning activities, such as sweeping). 

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ii)	 Bilgewater. Record dates, location, oil concentration (for MARPOL 

vessels) or visible sheen observation (non-MARPOL vessels), and 

estimated volume of bilgewater discharges. Record the same information 

for bilgewater disposed at onshore locations. 

iii) Paint application. Record dates, materials used, application process, etc. 

for any antifouling paint applied to the vessel. 

iv) AFFF. Record dates, estimated volumes, and constituents of any 

discharges of AFFF. 

v) Chain locker inspections. Dates of inspections and any rinsing conducted 

within waters subject to this permit. 

vi)	 Controllable pitch propeller, stern tube, and other oil-to-sea interface 

maintenance. Record dates and locations of any maintenance of 

controllable pitch propellers that occurs while the vessel is in waters 

subject to this permit. 

vii)	 Any emergencies requiring discharges otherwise prohibited to waters 

listed in Part 12.1. 

viii)	 Gas Turbine Water Wash. Record dates and estimated volume of any 

discharge of gas turbine wash water within waters subject to this permit. If 

hauled or disposed onshore, record log hauler and volume. 

ix)	 Estimated volume and location of graywater discharged while in waters 

subject to this permit. 

9)	 All other documentation requirements stated in the permit. 

10)	 Record of training completed as required by this permit. 

It is not the intention of this permit to require separate records for the Coast Guard and 

EPA. Rather, vessels can harmonize their recordkeeping practices, where appropriate, so that 

records are not unnecessarily duplicative. For example, information can be logged with 

maintenance records, the ship’s log, in existing ISM/SMS plans or recordkeeping, or other 

additional recordkeeping documentation as appropriate but must be provided to EPA or its 

authorized representative if requested. Operators may choose how these records will be 

maintained, but must retain these records on the vessel for a period of 3 years. 

Certification of accurate information is required, pursuant to the certification and 

signatory requirements referenced in Parts 1.7 of this permit and 40 CFR 122.22. You must 

retain copies of all reports, certifications, records, monitoring data, and other information 

required by this permit, and records of all data used to complete the NOI to be covered by this 

permit, for a period of at least 3 years from the date that your coverage under this permit expires 

or is terminated. 

The vessel master, owner/operator, or person in charge shall make available to EPA or an 

authorized representative from EPA all records kept under this section upon request. 

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4.3 Additional Recordkeeping for Vessels Equipped with Ballast Tanks 

For vessels equipped with ballast tanks that are bound for a port or place in the United 

States, you must meet the recordkeeping requirements of 33 CFR Part 151. 

The master, owner, operator, or person in charge of a vessel bound for a port or place in 

the United States must keep written records that include the following information: 

1) Total ballast water information. Include the total ballast water capacity, total 

volume of ballast water on board, total number of ballast water tanks, and total 

number of ballast water tanks in ballast. Use units of measurements such as metric 

tons (MT), cubic meters (m3), long tons (LT), and short tons (ST). 

2) Ballast water management. Include the total number of ballast tanks/holds that are 

to be discharged into the waters of the United States or to a reception facility. If 

an alternative ballast water management method is used, please note the number 

of tanks that were managed using an alternative method, as well as the type of 

method used. Indicate whether the vessel has a ballast water management plan 

and IMO guidelines on board, and whether the ballast water management plan is 

used. 

3) Information on ballast water tanks that are to be discharged into waters subject to 

this permit or to a reception facility. Include the following: 

i) The origin of ballast water. This includes date(s), locations(s) (including 

latitude and longitude and port (if relevant)), volume(s), and 

temperatures(s). If a tank has been exchanged, list the loading port of the 

ballast water that was discharged during the exchange. 

ii) The date(s), location(s) (including latitude and longitude), volume(s), 

method, thoroughness (percentage exchanged if exchange conducted), sea 

height at time of exchange if exchange conducted, of any ballast water 

exchanged or otherwise managed. 

iii) The expected date, location, volume, and salinity of any ballast water to be 

discharged into the waters of the United States or a reception facility. 

4) Discharge of sediment. If sediment is to be discharged into a facility within the 

jurisdiction of the United States include the location of the facility where the 

disposal will take place. 

The ballast water reporting forms must be kept on board the vessel and must be submitted 

to the National Ballast Information Clearinghouse before arriving to US ports if required by the 

US Coast Guard. In addition, all vessels which conduct saltwater flushing as required by Part 

2.2.3.7 and Part 2.2.3.8 of the permit, but do not report saltwater flushing to the NBIC, must 

instead keep a record of saltwater flushing to meet the requirements of this permit. 

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4.4 Reporting 

4.4.1 Reporting noncompliance 

You must report all instances of noncompliance with this permit at least once per year to 

the regional offices listed in Part 8. Vessel operators must report the noncompliance to the 

regional office responsible for the waters in which the noncompliance occurred. If vessels have 

multiple occurrences of non compliance, they must report all noncompliance to the regional 

office where either: 1) the greatest number of noncompliance events occurred, or 2) if the same 

number of noncompliance events occurred, to the regional office responsible for waters where 

the vessel spent the most time. 

4.4.2 Reportable Quantities of Hazardous Substances or Oil 

Although not a requirement of this permit, if a discharge contains a hazardous substance 

or oil in an amount equal to or in excess of a reportable quantity established under 40 CFR 110, 

40 CFR 117, or 40 CFR 302, during a 24-hour period, the National Response Center (NRC) must 

be notified (dial 800-424-8802 or 202-426-2675 in the Washington, DC area). Also, within 14 

calendar days of knowledge of the release, the date and description of the release, the 

circumstances leading to the release, responses to be employed for such releases, and measures 

to prevent reoccurrence of such releases must be recorded in your recordkeeping documentation 

consistent with Part 4.2 of this permit. 

Where a discharge of hazardous substances or oil in excess of reportable quantities 

occurs, such discharge is not authorized by this permit and may also be a violation of Section 

311 of the CWA, 33 USC § 1321. Note that these spills must be reported as described above. 

Also applicable are Section 311 of the CWA and certain provisions of Sections 301 and 402 of 

the CWA. 

4.4.3 Additional Reporting 

In addition to the reporting requirements stipulated in Part 4, you are also subject to the 

standard permit reporting provisions referenced in Part 1.13. 

Where applicable, you must submit the following reports to the appropriate EPA 

Regional Office listed in Part 8 as applicable. 

•	 24-hour reporting – You must report any noncompliance which may endanger health or 

the environment. Any information must be provided orally within 24 hours from the time 

you become aware of the circumstances; 

•	 5-day follow-up reporting to the 24-hour reporting – A written submission must also be 

provided within five days of the time you become aware of the circumstances. 

4.4.4 One-Time Permit Report 

For each vessel, owner/operators are required to submit a one-time report between 30 

months and 36 months after obtaining permit coverage. This report should take less than 30 

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minutes to complete and will assist EPA in developing the next round of general permits 

covering vessel discharges. The report form, included in Part 13 of this Permit, will be available 

for printing as a file on EPA’s website (www.epa.gov/npdes/vessels within two years of 

finalization of this permit, or through EPA’s eNOI system (www.epa.gov/npdes/vessels/eNOI). 

Please respond to the questions and submit any necessary data that support your responses. EPA 

encourages all owner/operators to submit their reports electronically. If you print out a hard copy 

of the report, you may send your completed report to EPA HQ (Attn: Vessel One Time Report, 

Mail Code 4203M, 1200 Pennsylvania Ave. NW, Washington, DC 20460) 

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5. Vessel Class Specific Requirements 

You must comply with Part 5 vessel-specific requirements associated with your vessel 

class in addition to any requirements specified elsewhere in this permit. 

5.1 Large Cruise Ships (authorized to carry 500 people or more for hire). 

The requirements in Part 5.1 apply to vessel discharges from cruise ships providing 

overnight accommodations (has onboard sleeping facilities) to passengers authorized to carry 

500 people or more for hire. 

5.1.1 Additional Effluent Limits 

5.1.1.1 Graywater Management 

5.1.1.1.1 Graywater Discharge Location and Rate 

Pierside Limits – While pierside, appropriate reception facilities for graywater must be 

used, if reasonably available unless the vessel treats graywater with a device to meet the 

standards in Part 5.1.1.1.2. If such facilities are not reasonably available, you must treat 

graywater with a device to meet the standards in Part 5.1.1.1.2 or hold the graywater for 

discharge while the vessel is underway and discharge according to the operational limits below. 

Appropriate reception facilities are those authorized for use by the port authority or municipality 

and that treat the discharge in accordance with its NPDES permit. 

Operational Limits – You must meet the following restrictions: 

•	 While operating within 1 nm from shore, discharges of graywater are prohibited unless 

they meet the effluent standards in Part 5.1.1.1.2. 

•	 If you operate between 1 nm and 3 nm from shore, discharges of graywater must either: 

(1) meet the effluent standards in Part 5.1.1.1.2, or (2) be released while the Cruise Ship 

is sailing at a speed of at least 6 knots in a water that is not listed in Part 12.1. 

Limits Applicable to Operation in Nutrient Impaired Waters – If you operate in nutrient 

impaired waters including the Chesapeake Bay or the territorial Sea surrounding the mouth of the 

Mississippi River in the Gulf of Mexico, you must: 

•	 Not discharge any graywater in nutrient impaired waters subject to this permit unless the 

length of voyage in that water exceeds the vessel’s holding capacity for graywater; and 

•	 Minimize the discharge of any graywater into nutrient impaired waters subject to this 

permit, which may require minimizing the production of graywater; and 

•	 If your vessel’s holding capacity for graywater is exceeded, treat such excess graywater 

(above the vessel holding capacity) by a device meeting the standards in Part 5.1.1.1.2 

prior to discharge into nutrient impaired waters subject to this permit or 

•	 Dispose of the graywater properly on shore. 

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A list of nutrient impaired waters is available at www.epa.gov/npdes/vessels. 

5.1.1.1.2 Graywater Treatment Standards 

The discharge of treated graywater must meet the following standards: 

1) The discharge must satisfy the minimum level of effluent quality specified in 40 CFR 

133.102, 

2) The geometric mean of the samples from the discharge during any 30-day period may not 

exceed 20 fecal coliform/100 milliliters (ml) and not more than 10 percent of the samples 

exceed 40 fecal coliform/100 ml, and 

3) Concentrations of total residual chlorine may not exceed 10.0 micrograms per liter (μg/l). 

5.1.1.1.3 Sculleries and Galleys 

Cruise ship owner/operators must use detergents that are phosphate free. Degreasers must 

be non-toxic if they will be discharged as part of any waste stream. 

5.1.1.1.4 Other Materials 

Waste from mercury containing products, dry cleaners or dry cleaner condensate, photo 

processing labs, medical sinks or floor drains, chemical storage areas, and print shops using 

traditional or non-soy based inks and chlorinated solvents must be prevented from entering the 

ship’s graywater, blackwater, or bilgewater systems if water from these systems will ever be 

discharged into waters subject to this permit. Preventing these wastes from entering these 

systems can be accomplished by plugging all drains that flow to the graywater, blackwater, or 

bilge systems in areas where these wastes are produced and creating alternate waste receptacles 

or replumbing drains to appropriate holding tanks. 

Vessel owner/operators must not discharge any toxic or hazardous materials, including 

products containing acetone, benzene, or formaldehyde into salon and day spa sinks or floor 

drains if those sinks or floor drains lead to any system which will ever be discharged into waters 

subject to this permit. This includes using these materials on passengers (or crew) and rinsing 

residuals into these sinks. Alternate waste receptacles or holding tanks must be used for these 

materials. Additions of these materials to any systems which will discharge into waters subject to 

this permit is a permit violation. 

5.1.1.2 Pool and Spa discharges 

Discharges of pool or spa water are not authorized into waters listed in Part 12.1 of this 

permit. Discharges from pools and spas are authorized into other waters subject to this permit, 

provided they are dechlorinated and/or debrominated, and discharged while the vessel is 

underway. To be considered dechlorinated, the total residual chlorine in the pool or spa effluent 

must be less than 100μg/l if the pool or spa water is discharged without treatment through an 

advanced wastewater treatment system. To be considered debrominated, the total residual 

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oxidant in the pool or spa effluent must be below 25μg/l if the pool or spa water is discharged 

without going through an advanced wastewater treatment system. Pool and spa water may be 

added to the graywater treatment systems, however any resultant discharge must meet all 

standards and requirements found in Part 5.1.1.1 and must be debrominated. 

5.1.2 Monitoring Requirements 

5.1.2.1 Untreated Graywater 

The owner/operator must maintain records estimating all discharges of untreated 

graywater into waters subject to this permit, including date, location and volume discharged and 

speed of the vessel at the time of discharge in their recordkeeping documentation. These records 

can be maintained as part of the vessel’s sewage and graywater discharge record book required 

under 33 CFR §159.315. 

5.1.2.2 Treated Graywater 

Prior to entering waters of the U.S., vessel operators must demonstrate that they have an 

effective treatment system that complies with the standards in Part 5.1.1.1.2 if they will 

discharge graywater: 

1) Within 1 nm of shore, or 

2) Within 3 nm of shore and sailing less than 6 knots. 

5.1.2.2.1 Initial Monitoring 

In order to demonstrate the effectiveness of the treatment system, the vessel operator 

must take at least five (5) samples taken from the vessel on different days over a 30-day period 

that are representative of the treated effluent to be discharged. Initial monitoring must be done 

within the first 90 days of permit coverage, within 90 days of AWTS installation onboard the 

vessel, or before vessels discharge into waters subject to this permit, whichever is later. Samples 

must be taken for biochemical oxygen demand (BOD), fecal coliform, suspended solids, pH, and 

total residual chlorine. Sampling and testing shall be conducted according to 40 CFR Part 136. If 

the measured samples meet the standards specified in Part 5.1.1.1.2, then the owner/operator has 

demonstrated the effectiveness of their treatment system for controlling their graywater 

discharge. Records of the sampling and testing results must be retained onboard for a period of 3 

years in the vessel’s recordkeeping documentation. 

Records of monitoring information shall include: 

• The date, exact place, and time of sampling or measurements, 

• The individual(s) who performed the sampling or measurements, 

• The date(s) analyses were performed, 

• The individual(s) who performed the analyses; 

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• The analytical techniques or methods used; and 

• The results of such analyses. 

Analytical results for total residual chlorine below the method detection limit shall be 

deemed compliant with the effluent limits, provided the permittee uses a testing method with a 

detection limit no higher than 10.0 μg/L under ideal conditions. EPA recommends method 

SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 μg/L 

under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method 

that ADEC/USCG uses for compliance monitoring. 

Testing and reporting for total residual chlorine is not required if chlorine is not used as 

disinfectant in the wastewater treatment works process and no water is drained to the graywater 

system from water with onboard chlorine additions (e.g. swimming pools, spas. . .). 

If a permittee has already received certification for continuous discharges from AWTS by 

the United States Coast Guard to meet the requirements of Section 1411(b) of Title XIV, Pub. L. 

106-554 (Dec. 31, 2000, 114 Stat. 2763) [Certain Alaska Cruise Ship Operations] (codified at 33 

U.S.C. 1901 note), the vessel need not conduct initial monitoring and may commence conducting 

maintenance monitoring. 

5.1.2.2.2 Maintenance Monitoring 

After demonstrating the effectiveness of their system, vessel owner/operators must 

collect and analyze one sample per quarter for each of the constituents analyzed in Part 5.1.2.2.1 

to demonstrate treatment equipment maintenance and compliance with this permit. Records of 

the sampling and testing results must be retained onboard for a period of 3 years in the vessel’s 

recordkeeping documentation. 

5.1.2.2.3 Monitoring Reporting 

Unless the vessel meets the conditions in the following paragraph, the operator must 

submit data showing that the graywater standards are achieved by their treatment system to 

EPA’s e-reporting system or to EPA, 1200 Pennsylvania Ave., MC 4203M, Washington, DC 

20460. Initial sampling data must be submitted at least 7 days before entering waters subject to 

this permit, within 90 days of obtaining permit coverage, or within 90 days of AWTS installation 

onboard the vessel, whichever is later. Maintenance monitoring data must be submitted at least 

once per year within 30 days of the fourth sample collection. Data must be submitted on 

Discharge Monitoring Reports available in Appendix I of this permit or submitted to EPA’s ereporting system available at www.epa.gov/npdes/vessels/eNOI, which will be available within 

two years of finalization of this permit. 

If the vessel operates in Alaskan waters and submits or has already submitted the above 

information to the COTP to meet the requirements of Section 1411(b) of Title XIV, Pub. L. 106­

554 (Dec. 31, 2000, 114 Stat. 2763) [Certain Alaska Cruise Ship Operations] (codified at 33 

U.S.C. 1901 note), that submission will serve to satisfy these requirements. EPA will obtain the 

data from the COTP in order to minimize duplicative requirements. 

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5.1.2.2.4 Reserved Authority 

Even if owner/operators have demonstrated their system meets the standards in Part 

5.1.1.1.2, if EPA, its authorized representative, or the Coast Guard sample their graywater 

effluent and find that they are not meeting these standards, the cruise ship owner/operators are 

liable for violating their effluent limits. 

5.1.2.2.5 Treated Graywater Records 

The owner/operator must maintain records estimating all discharges of treated graywater 

into waters subject to this permit, including date, location and volume discharged in their 

recordkeeping documentation. These records can be maintained as part of or in combination with 

the vessel’s sewage and graywater discharge record book required under 33 CFR 159.315. 

5.1.2.3 Treated Pool and Spa Discharges 

Vessel owner/operators must monitor chlorine or bromine concentrations (as applicable) 

in pool or spa water before every discharge event using Part 136 methods if they will discharge 

these streams directly into waters subject to this permit to assure that the dechlorination process 

is complete. If vessel owner/operators are monitoring bromine concentrations, they may use a 

field test kit which uses the colorimetric method in lieu of Part 136 methods to assure waters 

have been debrominated, provided that test kit has method detection limit no higher than 50 

μg/L. You must record the location of the discharge, the estimated volume of the discharge, and 

the concentration of chlorine or bromine (as applicable). Records of this monitoring must be kept 

with other graywater monitoring records. 

For Chlorine, analytical results below the method detection limit shall be deemed 

compliant with the effluent limits, provided the permittee uses a testing method with a detection 

limit no higher than 10.0 μg/L under ideal conditions. EPA recommends method SM4500-CL G 

(DPD Colorimetric Method) for these purposes as it is able to reach 10 μg/L under ideal 

conditions and so meets these requirements. SM4500-Cl G is typically the method that 

ADEC/USCG uses for compliance monitoring. For bromine, analytical results below the method 

detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a 

testing method with a detection limit no higher than 50.0 μg/L. 

5.1.3 Educational and Training Requirements 

The crews of cruise ships play a key role in minimizing the discharge of pollutants from 

cruise ship operations and passengers. Therefore cruise ship operators are subject to the 

following requirements: 

•	 The ship’s crew members who actively take part in the management of a discharge or 

who may affect any discharge must receive training regarding shipboard environmental 

procedures and must be able to demonstrate proficiency in implementing these 

procedures. 

•	 Advanced training in shipboard environmental management procedures must be provided 

for those directly involved in managing specific discharge types or areas of the ship and 

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these crew members must be able to demonstrate proficiency in implementing these 

procedures. 

•	 Appropriate reprimand procedures must be developed for crew whose actions lead to 

violations of any effluent limit set forth in this permit or procedures established by the 

cruise ship operator to minimize the discharge of pollutants. 

Cruise ships must also educate passengers on their potential environmental impacts. The 

goals of these education efforts should include preventing trash from entering any waste stream, 

eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or 

blackwater systems and minimizing production of graywater. This can be accomplished in a 

variety of ways including, but not limited to posting signage and informational material in 

guestrooms and common areas, incorporating environmental information passenger orientation 

presentations or packages at the start of cruises, incorporating this information into additional 

lectures and seminars, or broadcasting information via loudspeakers. 

5.2 Medium Cruise Ships (authorized to carry 100 to 499 people for hire) 

The requirements in Part 5.2 apply to vessel discharges from cruise ships providing 

overnight accommodations (has onboard sleeping facilities) to passengers authorized to carry 

between 100 and 499 people for hire. 

5.2.1 Additional Effluent Limits 

5.2.1.1 Graywater Management 

5.2.1.1.1 Graywater Discharge Location and Rate 

All medium cruise ships must meet the requirements of Parts 5.2.1.1.1 unless they are a 

vessel unable to voyage more than 1 nm from shore. Vessels unable to voyage 1 nm from shore 

must meet the requirements of Part 5.2.1.1.1 if they are constructed on or after the issuance date 

of this permit. 

Pierside Limits – While pierside, appropriate reception facilities for graywater must be 

used, if reasonably available unless the vessel treats graywater with a device to meet the 

standards in Part 5.2.1.1.2. If such facilities are not reasonably available, you must treat 

graywater with a device to meet the standards in Part 5.2.1.1.2 or hold the graywater for 

discharge while the vessel is underway and discharge according to the Operational Limits below. 

Appropriate reception facilities are those authorized for use by the port authority or municipality 

and that treat the discharge in accordance with its NPDES permit. 

Operational Limits – You must meet the following restrictions: 

•	 While operating within 1 nm from shore, discharges of graywater are prohibited unless 

they meet the effluent standards in Part 5.2.1.1.2. 

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• If you operate between 1 nm and 3 nm from shore, discharges of graywater must either: 

(1) meet the effluent standards in Part 5.2.1.1.2, or (2) be released while the cruise ship is 

sailing at a speed of at least 6 knots in a water that is not listed in Part 12.1. 

Limits Applicable to Operation in Nutrient Impaired Waters – If you operate in nutrient 

impaired waters including the Chesapeake Bay or the territorial sea surrounding the mouth of 

the Mississippi River in the Gulf of Mexico, you must: 

•	 Not discharge any graywater in nutrient impaired waters subject to this permit unless the 

length of voyage in that water exceeds the vessel’s holding capacity for graywater, and 

•	 Minimize the discharge of any graywater into nutrient impaired waters subject to this 

permit, which may require minimizing the production of graywater, and 

•	 If your vessel’s holding capacity for graywater is exceeded, treat such excess graywater 

(above the vessel holding capacity) by a device meeting the standards in Part 5.2.1.1.2 

prior to discharge into nutrient impaired waters subject to this permit, or 

•	 Dispose of the graywater properly on shore, or 

•	 Discharge the graywater while the cruise ship is sailing at a speed of at least 6 knots. 

A list of nutrient impaired waters is available at www.epa.gov/npdes/vessels. 

5.2.1.1.2 Graywater Treatment Standards 

The discharge of treated graywater must meet the following standards: 

1) The discharge must satisfy the minimum level of effluent quality specified in 40 CFR 

133.102, 

2) The geometric mean of the samples from the discharge during any 30-day period may not 

exceed 20 fecal coliform/100 milliliters (ml) and not more than 10 percent of the samples 

exceed 40 fecal coliform/100 ml, and 

3)	 Concentrations of total residual chlorine may not exceed 10.0 micrograms per liter (μg/l). 

5.2.1.1.3 Sculleries and Galleys 

Cruise ship owner/operators must use detergents that are phosphate free. Degreasers must 

be non-toxic if they will be discharged as part of any waste stream. 

5.2.1.1.4 Other Materials 

Waste from mercury containing products, dry cleaners or dry cleaner condensate, photo 

processing labs, medical sinks or floor drains, chemical storage areas, and print shops using 

traditional or non-soy based inks and chlorinated solvents must be prevented from entering the 

ship’s graywater, blackwater, or bilgewater systems if water from these systems will ever be 

discharged into waters subject to this permit. Preventing these wastes from entering these 

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systems can be accomplished by plugging all drains that flow to the graywater, blackwater, or 

bilge systems in areas where these wastes are produced and creating alternate waste receptacles 

or replumbing drains to appropriate holding tanks. 

Vessel owner/operators must not discharge any toxic or hazardous materials, including 

products containing acetone, benzene, or formaldehyde into salon and day spa sinks or floor 

drains if those sinks or floor drains lead to any system which will ever be discharged into waters 

subject to this permit. This includes using these materials on passengers (or crew) and rinsing 

residuals into these sinks. Alternate waste receptacles or holding tanks must be used for these 

materials. Additions of these materials to any systems which will discharge into waters subject to 

this permit is a permit violation. 

5.2.1.2 Pool and Spa Discharges 

Discharges of pool or spa water are not authorized into waters listed in Part 12.1 of this 

permit. Discharges from pools and spas are authorized into other waters subject to this permit, 

provided they are de-chlorinated and/or debrominated, and discharged while the vessel is 

underway. To be considered dechlorinated, the total residual chlorine in the pool or spa effluent 

must be less than 100μg/l if the pool or spa water is discharged without treatment through an 

advanced wastewater treatment system. To be considered debrominated, the total residual 

oxidant in the pool or spa effluent must be below 25μg/l if the pool or spa water is discharged 

without going through an advanced wastewater treatment system. Pool and spa water may be 

added to the graywater treatment systems, however any resultant discharge must meet all 

standards and requirements found in Part 5.2.1.1 and must be debrominated. 

5.2.2 Monitoring Requirements 

5.2.2.1 Untreated Graywater 

The owner/operator must maintain records estimating all discharges of untreated 

graywater into waters subject to this permit, including date, location and volume discharged in 

their recordkeeping documentation. These records can be maintained as part of the vessel’s 

sewage and graywater discharge record book required under 33 CFR 159.315. 

5.2.2.2 Treated Graywater 

Prior to entering waters of the U.S., vessel operators must demonstrate that they have an 

effective treatment system that complies with the standards in Part 5.1.1.1.2 if they will 

discharge graywater: 

1) Within 1 nm of shore, or 

2) Within 3 nm of shore and sailing less than 6 knots. 

5.2.2.2.1 Initial Monitoring 

In order to demonstrate the effectiveness of the treatment system, the vessel operator 

must take at least five (5) samples taken from the vessel on different days over a 30-day period 

that are representative of the treated effluent to be discharged. Initial monitoring must be done 

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within the first 90 days of permit coverage, within 90 days of AWTS installation onboard the 

vessel, or before vessels discharge into waters subject to this permit, whichever is later. Samples 

must be taken for BOD, fecal coliform, suspended solids, pH, and total residual chlorine. 

Sampling and testing shall be conducted according to 40 CFR Part 136. If the measured samples 

meet the standards specified in Part 5.1.1.1.2., then the owner/operator has demonstrated the 

effectiveness of their treatment system for controlling their graywater discharge. Records of the 

sampling and testing results must be retained onboard for a period of 3 years in the vessel’s 

recordkeeping documentation. 

Records of monitoring information shall include: 

• The date, exact place, and time of sampling or measurements, 

• The individual(s) who performed the sampling or measurements, 

• The date(s) analyses were performed, 

• The individual(s) who performed the analyses, 

• The analytical techniques or methods used, and 

• The results of such analyses. 

Analytical results for total residual chlorine below the method detection limit shall be 

deemed compliant with the effluent limits, provided the permittee uses a testing method with a 

detection limit no higher than 10.0 μg/L under ideal conditions. EPA recommends method 

SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 μg/L 

under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method 

that ADEC/USCG uses for compliance monitoring. 

Testing and reporting for total residual chlorine is not required if chlorine is not used as 

disinfectant in the wastewater treatment works process and no water is drained to the graywater 

system from water with on board chlorine additions (e.g. swimming pools, spas. . .). 

5.2.2.2.2 Maintenance Monitoring 

After demonstrating the effectiveness of their system, vessel owner/operators must 

collect and analyze one sample per quarter for each of the constituents analyzed in Part 5.1.2.2.1 

to demonstrate treatment equipment maintenance and compliance with this permit. Records of 

the sampling and testing results must be retained onboard for a period of 3 years in the vessel’s 

recordkeeping documentation. 

5.2.2.2.3 Monitoring Reporting 

Unless the vessel meets the conditions in the following paragraph, the operator must 

submit data showing that the graywater standards are achieved by their treatment system to 

EPA’s e-reporting system or to EPA, 1200 Pennsylvania Ave., MC 4203M, Washington, DC 

20460. Initial sampling data must be submitted at least 7 days before entering waters subject to 

this permit, within 90 days of obtaining permit coverage, or within 90 days of AWTS installation 

onboard the vessel, whichever is later. Maintenance monitoring data must be submitted at least 

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once per year within 30 days of the fourth sample collection. Data must be submitted on 

Discharge Monitoring Reports available in Appendix I of this permit or submitted to EPA’s ereporting system available at www.epa.gov/npdes/vessels/eNOI, which will be available within 

two years of finalization of this permit. 

5.2.2.2.4 Reserved Authority 

Even if owner/operators have demonstrated their system meets the standards in Part 

5.1.1.1.2, if EPA, its authorized representative, or the Coast Guard sample their graywater 

effluent and find that they are not meeting these standards, the Cruise Ship owner/operators are 

liable for violating their effluent limits. 

5.2.2.2.5 Treated Graywater Records 

The owner/operator must maintain records estimating all discharges of treated graywater 

into waters subject to this permit, including date, location and volume discharged in their 

recordkeeping documentation. 

5.2.2.3 Treated Pool and Spa Discharges 

Vessel owner/operators must monitor chlorine or bromine concentrations (as applicable) 

in pool or spa water before every discharge event using Part 136 methods if they will discharge 

these streams directly into waters subject to this permit to assure that the dechlorination process 

is complete. If vessel owner/operators are monitoring bromine concentrations, they may use a 

field test kit which uses the colorimetric method in lieu of Part 136 methods to assure waters 

have been debrominated, provided that test kit has method detection limit no higher than 50 

μg/L. You must record the location of the discharge, the estimated volume of the discharge, and 

the concentration of chlorine or bromine (as applicable). Records of this monitoring must be kept 

with other graywater monitoring records. 

For Chlorine, analytical results below the method detection limit shall be deemed 

compliant with the effluent limits, provided the permittee uses a testing method with a detection 

limit no higher than 10.0 μg/L under ideal conditions. EPA recommends method SM4500-CL G 

(DPD Colorimetric Method) for these purposes as it is able to reach 10 μg/L under ideal 

conditions and so meets these requirements. SM4500-Cl G is typically the method that 

ADEC/USCG uses for compliance monitoring. For bromine, analytical results below the method 

detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a 

testing method with a detection limit no higher than 50.0 μg/L. 

5.2.3 Educational and Training Requirements 

The crews of cruise ships play a key role in minimizing the discharge of pollutants from 

cruise ship operations and passengers. Therefore cruise ship operators are subject to the 

following requirements: 

•	 The ship’s crew members who actively take part in the management of the discharge or 

who may affect the discharge must receive training regarding shipboard environmental 

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procedures and must be able to demonstrate proficiency in implementing these 

procedures. 

•	 Advanced training in shipboard environmental management procedures must be provided 

for those directly involved in managing specific discharge types or areas of the ship and 

these crew members must be able to demonstrate proficiency in implementing these 

procedures. 

•	 Appropriate reprimand procedures must be developed for crew whose actions lead to 

violations of any effluent limit set forth in this permit or procedures established by the 

cruise ship operator to minimize the discharge of pollutants. 

Cruise ships must also educate passengers on their potential environmental impacts. The 

goals of these education efforts should include preventing trash from entering any waste stream, 

eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or 

blackwater systems, and minimizing production of graywater. This can be accomplished in a 

variety of ways including, but not limited to posting signage and informational material in 

guestrooms and common areas, incorporating environmental information passenger orientation 

presentations or packages at the start of cruises, incorporating this information into additional 

lectures and seminars, or broadcasting information via loudspeakers. 

5.3 Large Ferries 

Ferries are vessels for hire that are designed to carry passengers and/or vehicles between 

two ports, usually in inland, coastal, or near-shore waters. “Large Ferry” means a “ferry” that: a) 

has a capacity greater than or equal to 100 tons of cargo, e.g., for cars, trucks, trains, or other 

land-based transportation or b) is authorized by the Coast Guard to carry 250 or more people. All 

large ferries authorized to carry more than 100 tons of cars, trucks, trains, or other land-based 

transportation must meet the requirements in section 5.3.1.1 (Deck Water) and section 5.3.2 

(Education and Training). Large ferries authorized by the Coast Guard to carry 250 or more 

people must meet the requirements of section 5.3.1.2 (Graywater management) and section 5.3.2 

(Education and Training). 

5.3.1 Additional Authorized Discharges 

5.3.1.1 Coal Ash from Coal Fired Propulsion Systems on Ferries 

The discharge of coal ash slurry from coal fired propulsion systems on a ferry is 

authorized in waters subject to this permit until December 19, 2012. All coal ash slurry 

discharges must comply with effluent limits in Part 5.3.2.3 of this permit. 

5.3.2 Additional Effluent Limits 

5.3.2.1 Deck Water 

Large ferries may not discharge untreated below deck water from parking areas or other 

storage areas for motor vehicles or other motorized equipment into waters subject to this permit 

without first treating the effluent with an oily water separator or other appropriate device. Large 

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ferry operators must use oil absorbent cloths or other appropriate spill response resources to 

clean oily spills or substances from deck surfaces. Any effluent created by washing the decks 

may not be discharged into the waters subject to this permit listed in Part 12.1. 

5.3.2.2 Graywater Management 

5.3.2.2.1 Graywater Discharge Location and Rate 

Pierside Limits – While pierside, appropriate reception facilities for Graywater must be 

used, if reasonably available. If such facilities are not reasonably available, you must hold the 

graywater if the vessel has the holding capacity and discharge the effluent while the vessel is 

underway. Appropriate reception facilities are those authorized for use by the port authority or 

municipality and that treat the discharge in accordance with its NPDES permit. 

Operational Limits – You must also meet the following restrictions: 

•	 If you operate within 3 nm from shore, discharges of graywater must be released while 

the ferry is sailing at a speed of at least 6 knots if feasible. 

5.3.2.3 Coal Ash Effluent Limits and Related Requirements 

5.3.2.3.1 Minimization of coal ash slurry discharge 

Vessel owner/operators must minimize the discharge of coal ash slurry into waters 

subject to this permit. Minimization techniques shall include: 

•	 Efficient combustion of coal, 

•	 Minimize the ash content of the coal used onboard, but in no event may the ash content 

exceed 9.5 % (by weight and as received), and 

•	 Limiting discharge quantities to those necessary for the safe and efficient operation of the 

vessel. 

5.3.2.3.2 Coal Sulfur Content 

Vessel owner/operators must minimize the sulfur content of all coal ash slurry discharged 

into waters subject to this permit by using coal with the lowest sulfur concentration 

technologically feasible and economically practicable and achievable, but in no event may the 

sulfur content of the coal exceed 1.023% (by weight and as received). 

5.3.2.3.3 Limitations on Coal Ash Discharge Locations 

Except in emergency situations, as determined and documented in the ship’s log by the 

vessel’s master, coal ash discharge may only occur when the vessel is: 

•	 If in waters subject to this permit, more than 5 nm from any shore and in waters over 100 

feet in depth, and 

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•	 Underway at a speed of at least 6 knots. 

5.3.3	 Educational and Training Requirements 

The crews of ferries play a key role in minimizing the discharge of pollutants from ferry 

operations and its passengers. Therefore ferry operators are subject to the following 

requirements: 

•	 The ship’s crew members who actively take part in the management of the discharge or 

who may affect the discharge must receive training regarding shipboard environmental 

procedures and must be able to demonstrate proficiency in implementing these 

procedures. 

•	 Advanced training in shipboard environmental management procedures must be provided 

for those directly involved in managing specific discharge types or areas of the ship and 

these crew must be able to demonstrate proficiency in implementing these procedures. 

•	 Appropriate reprimand procedures must be developed for crew whose actions lead to 

violations of any effluent limit set forth in this permit or procedures established by the 

Cruise Ship operator to minimize the discharge of pollutants. 

Ferry operators must also educate passengers on their potential environmental impacts. 

The goals of these education efforts should include eliminating the discharge of trash overboard, 

minimizing the production of trash from parking areas or other storage areas, eliminating the 

addition of unused soaps, detergents, and pharmaceuticals to the graywater or blackwater 

systems, and minimizing production of graywater. This can be accomplished in a variety of ways 

including, but not limited to posting signage and informational material in common areas, 

incorporating environmental information into orientation presentations, or broadcasting 

information via loudspeakers. 

5.4	 Barges (such as hopper barges, chemical barges, tank barges, fuel barges, crane 

barges, dry bulk cargo barges) 

You must comply with Part 5 vessel-specific requirements associated with your vessel 

class in addition to any requirements specified elsewhere in this permit. 

The requirements in Part 5.4 apply to vessel discharges from barges. 

5.4.1	 Additional Effluent Limits 

Barges must minimize the contact of below deck condensation with oily or toxic 

materials, and any materials containing hydrocarbon. 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. If a visible sheen is noted, vessel operators must initiate corrective action in 

accordance with Part 3 and meet recordkeeping requirements in Part 4.2 of this permit. 

All tank barges must have spill rails and must plug their scuppers before any cargo 

operations if required by the vessel class society. If any spills result during loading or unloading 

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of cargo, vessel owner/operators must completely clean up spills or residue before scuppers are 

unplugged. Once all spills and residue have been cleaned, scuppers may be unplugged. 

Vessel owner/operators must clean out cargo residues 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. The visual sheen test is used to 

detect free oil by observing the surface of the receiving water for the presence of an oily sheen. 

The operator should focus the inspection on the area surrounding the vessel where discharges 

from below deck or deck washings are discharged into the receiving water. A visible sheen is 

defined in Part 7 of this permit. If a visible sheen is observed, you must initiate corrective actions 

required in Part 3 of this permit and meet recordkeeping requirements in Part 4.2 of this permit. 

5.5 Oil Tankers or Petroleum Tankers 

The requirements in Part 5.5 apply to vessel discharges from Oil Tankers or Petroleum 

Tankers. 

5.5.1 Additional Authorized Discharges 

For vessels which have an inert gas system, the effluent produced from inert gas 

scrubbers (IGS) may be discharged into waters subject to this permit. 

The discharges of water from deck seals are authorized when such seals are installed as 

an integral part of an IGS system. 

5.5.2 Additional Effluent Limits 

Owner/operators of oil tankers must plug scuppers during cargo loading and unloading 

operations to prevent the discharge of oil into waters subject to this permit. Any oil spilled must 

be cleaned with oil absorbent cloths or another appropriate approach. Additionally, 

owner/operators of oil tankers must comply with applicable requirements of 33 CFR 155.310. 

Vessel owner/operators must minimize the discharge of effluent produced from inert gas 

scrubbers if feasible for their vessel design. 

5.5.3 Supplemental Inspection Requirements 

After every instance of loading or unloading operations or immediately following 

washing down the decks, you must conduct a visual sheen test. The visual sheen test is used to 

detect free oil by observing the surface of the receiving water for the presence of an oily sheen. 

The owner/operator should focus the inspection on the area surrounding the vessel where 

effluent from loading operations or deck washings discharge into the receiving water. A sheen is 

defined in Part 7 of this permit. If a visible sheen is observed, you must comply with all 

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requirements contained in Part 4.4 of this permit and initiate corrective actions required in Part 3 

of this permit. 

5.5.4 Educational and Training Requirements 

The crews of oil tankers play a key role in minimizing the discharge of pollutants from 

vessel operations. Therefore oil tanker operators are subject to the following requirements: 

•	 The ship’s crew members who actively take part in the management of the discharge or 

who may affect the discharge must receive training regarding shipboard environmental 

procedures and must be able to demonstrate proficiency in implementing these 

procedures. 

•	 Advanced training in shipboard environmental management procedures must be provided 

for those directly involved in managing specific discharge types or areas of the ship and 

these crew must be able to demonstrate proficiency in implementing these procedures. 

•	 Appropriate reprimand procedures must be developed for crew actions that lead to 

violations of any effluent limit set forth in this permit or procedures established by the 

vessel operator to minimize the discharge of pollutants. 

5.6 Research Vessels 

The requirements in Part 5.6 apply to vessel discharges from research vessels. Research 

vessels are those that are engaged in investigation or experimentation aimed at discovery and 

interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical 

application of such new or revised theories or laws. 

5.6.1 Supplemental Authorized Discharges 

In addition to the discharges incidental to the normal operation of a vessel authorized 

elsewhere in this permit, owner/operators of research vessels are authorized to discharge tracers 

(dyes, fluorescent beads, SF6), drifters, tracking devices and the like, and expendable 

bathythermograph (XBT) probes, into waters subject to this permit, provided such discharges are 

for the sole purpose of conducting research on the aquatic environment or its natural resources in 

accordance with generally recognized scientific methods, principles, or techniques. 

5.6.2 Additional Effluent Limits 

Owner/operators of research vessels must discharge only the minimal amount of 

materials referenced in Part 5.6.1 necessary to conduct research on the aquatic environment or its 

natural resources in accordance with generally recognized scientific methods, principles, or 

techniques. 

5.7 Emergency Vessels (Fire Boats, Police Boats) 

The requirements in Part 5.7 apply to vessel discharges from emergency and rescue 

boats. 

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5.7.1	 Supplemental Authorized Discharges 

In addition to the discharges incidental to the normal operation of a vessel authorized 

elsewhere in this permit, vessel owner/operators of emergency vessels are authorized to 

discharge waste streams in conjunction with training, testing, and maintenance operations, 

provided that they comply with all additional requirements of the Clean Water Act (e.g. section 

311) and the National Contingency Plan (40 CFR 300). This section does not relieve vessel 

operators of any additional responsibilities under the CWA and the National Contingency Plan 

which prohibits the discharge of oil for research or demonstration purposes without 

Administrator approval. The use of foaming agents for oil or chemical fire response must be 

implemented in accordance with the National Contingency Plan (40 CFR 300). 

5.7.2	 Additional Effluent Limits 

Owner/Operators are strongly encouraged to seek alternative formulations of AFFF that 

are less harmful to the aquatic environment, such as non-fluorinated foam, while maintaining 

their effectiveness in emergency operations. Furthermore, operators are encouraged to not use 

AFFF or discharge toxic substances in areas near active commercial or recreational fisheries, 

near swimmable waters, or in high traffic areas for maintenance or training purposes. Emergency 

vessel owner/operators are also encouraged to perform training, testing, and maintenance 

operations outside of port and as far from shore as possible. The use of foaming agents for oil or 

chemical fire response, and the control of their discharge from a vessel, must be implemented in 

accordance with the National Contingency Plan (40 CFR 300). 

5.8	 Vessels Employing Experimental Ballast Water Treatment Systems 

For the purposes of this first-iteration permit only, any vessel employing a ballast 

treatment system which uses biocides to treat organisms in the ballast water is considered 

experimental. 

The requirements in Part 5.8 apply to ballast water discharges from vessels employing 

experimental ballast water treatment systems that make use of biocides. 

5.8.1	 Authorization of Residual Biocides Associated with Experimental Ballast Water 

Treatment Systems 

Some experimental ballast water treatment systems produce or use biocides as an agent to 

reduce living organisms present in the ballast water tank. In order to be eligible for coverage 

under this permit, any ballast water technology must not use any biocide that is a “pesticide” 

within the meaning of the Federal Insecticide, Fungicide, Rodenticide Act (7 U.S.C § 136 et 

seq.) unless that biocide has been registered for use in ballast water treatment under such Act. 

The requirement in the preceding sentence does not apply if such biocide is generated solely by 

the use of a “device,” as that term is defined in the Federal Insecticide, Fungicide, and 

Rodenticide Act, on board the same vessel as the ballast water to be treated by the biocide. In 

addition, if the ballast water treatment system uses or generates biocides and you will discharge 

ballast water treated with biocides into waters subject to this permit, you must meet one of the 

following conditions to be eligible for permit coverage: 

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Vessel General Permit (VGP) Version 2/5/2009 

5.8.1.1 Analytical Monitoring 

The discharge of Total Residual Chlorine (TRC) as a biocide or derivative may not 

exceed 100 micrograms per liter (μg/l) as an instantaneous maximum. Any other biocides or 

derivatives may not exceed acute water quality criteria listed in EPA’s 1986 Quality Criteria for 

Water [the Gold Book], and any subsequent revision, at the point of ballast water discharge. The 

Gold Book can be found at: www.epa.gov/waterscience/criteria/library/goldbook.pdf. Tables 

summarizing the subsequent revisions can be found at: 

http://www.epa.gov/waterscience/criteria/wqctable/index.html. Discharges of biocide residuals 

or derivatives must also meet monitoring requirements under Part 5.8.2.1, and reporting and 

recordkeeping requirements in Part 5.8.3. 

5.8.1.2 WET testing 

The permittee shall conduct whole effluent toxicity (WET) testing on samples of the 

discharges from shipboard ballast water treatment systems to establish and annually verify the 

appropriateness of methods for treating ballast water with biocides lacking EPA Water Quality 

Criteria or known to produce chemical biocides or derivatives lacking EPA Water Quality 

Criteria. 

The procedures for such WET testing are set forth in Part 15 (Appendix J) of this permit. 

The annual verification testing must demonstrate, for each organism tested, that the WET in the 

ballast water discharges, without allowance for mixing, does not exceed a chronic toxicity of 1.6 

TUc as a daily maximum or 1.0 TUc as a monthly median. 

If the toxicity of the treatment system results in a discharge which exceeds 1.0 TUc as a 

monthly median or 1.6 TUc as a daily maximum, EPA may require the owner/operator to cease 

discharging from the treatment system until they obtain coverage under an individual NPDES 

permit. 

5.8.2 Monitoring Requirements 

5.8.2.1 Residual Biocide or Derivative Monitoring 

For vessels subject to Part 5.8.1.1, above: you must conduct monitoring of the vessel 

ballast water discharge for any residual biocides or derivatives used in the treatment process to 

demonstrate compliance with the conditions in Part 5.8.1.1. For instance, if chlorine is the 

biocide used in the ballast water treatment, you must test for chlorine in the vessel ballast water 

discharge to see if it complies with the standards in Part 5.8.1.1. If there are no Part 136 test 

methods for the residual biocide or derivatives of the residual biocide, you must comply with 

Part 5.8.1.2 or seek coverage under an individual NPDES permit pursuant to Part 1.8 of this 

permit. In order to demonstrate that residual biocides or derivatives are in compliance with this 

permit, the vessel operator initially must take at least five (5) samples on different days over a 

90-day period that are representative of the treated ballast water discharge. Each sample must be 

tested independently and the individual results must be reported and not averaged. Samples must 

be tested as soon as possible after sampling, and may not be held longer than recommended for 

each tested constituent as given in 40 CFR Part 136. Sampling and testing shall be conducted 

according to 40 CFR Part 136. 

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Records of monitoring information shall include: 

• The date, exact place, and time of sampling or measurements, 

• The individual(s) who performed the sampling or measurements, 

• The date(s) analyses were performed, 

• The individual(s) who performed the analyses, 

• The analytical techniques or methods used, and 

• The results of such analyses. 

Thereafter, you must conduct maintenance sampling and analysis at least quarterly (4 

times per year) of the vessel ballast water discharge in order to demonstrate continued 

compliance with the standards in Part 5.8.1.1. If any of the initial or maintenance samples exceed 

the standards specified in Part 5.8.1.1, then the owner/operator must immediately undertake steps 

necessary to achieve compliance and take and submit samples demonstrating such compliance. 

5.8.2.2 Whole Effluent Toxicity (WET) monitoring 

For vessels subject to 5.8.1.2, above: you must initially conduct whole effluent toxicity 

(WET) testing consistent with Part 15 (Appendix J) of this permit using samples from the ballast 

water treatment system at the end of pipe for assessing the environmental safety of the resulting 

ballast water discharges. Two sets of WET tests must be done as set forth in Part 15 of this 

permit (Appendix E) using different ballast water discharge events separated by at least no less 

than 14 days, for initial testing followed by annual verification testing for each year of permit 

coverage. Initial WET testing must be done in the first 90 days of permit coverage or the first 90 

days of using the ballast water treatment system after permit issuance. 

Thereafter, you must conduct maintenance sampling and analysis at least once per year of 

the vessel ballast water discharge in order to demonstrate continued compliance with the 

standards in Part 5.8.1.2. If any of the initial or maintenance samples exceed the standards 

specified in Part 5.8.1.2, then the owner/operator must immediately undertake steps necessary to 

achieve compliance and take and submit samples demonstrating such compliance. 

5.8.3 Recordkeeping and Reporting Requirements 

Records of the sampling and testing results must be retained onboard for a period of 3 

years in the vessel’s recordkeeping documentation. 

You must submit your monitoring data to EPA HQ, Attn: Ballast Water Treatment 

System Test Results -Mail Code 4203M, 1200 Pennsylvania Ave., Washington DC 20460 at 

least once per year. For systems already in use as of the effective date of this permit, initial 

sampling data must be submitted within 6 months of this permit’s effective date. For systems 

which are not already in use as of the effective date of this permit, initial sampling data must be 

submitted within 6 months of the system’s first use. Maintenance monitoring data must be 

submitted at least once per year within 30 days of the final sample collection. Data must be 

submitted on Discharge Monitoring Reports available in Appendix I of this permit or submitted 

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to EPA’s e-reporting system available at www.epa.gov/npdes/vessels/eNOI, which will be 

available within two years of finalization of this permit. 

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6.	 Specific requirements for individual States or Indian Country Lands 

Section 401(d) of the CWA provides that any certification under the Act "shall set forth 

any effluent limitations and other limitations, and monitoring requirements" necessary to assure 

that any applicant for a federal license or permit will comply with any applicable CWA-based 

effluent limitations and other limitations, standards of performance, prohibitions, effluent 

standards, or pretreatment standards, and with any other appropriate requirements of State and 

Tribal law. Section 401(d) further provides that such additional limitations and monitoring 

requirements "shall become a condition on any Federal license or permit subject to the 

provisions of this section." Pursuant to section 401(d), EPA has attached provisions provided by 

States and Tribes in their CWA § 401 certifications; those that constitute effluent or other 

limitations or monitoring requirements are enforceable conditions of this permit. 

The VGP is effective in every State and Indian Country Land except in Taos Pueblo 

Tribal Lands (New Mexico). States and Indian Tribes which are not listed below have either 

certified without conditions or waived. 

The following States or Tribes included additional permit requirements in their CWA § 

401 certification: 

6.1 Bishop Paiute Tribe: 

The Bishop Paiute Tribe certified the VGP with the following additional permit 

condition: 

Copies of Notice of Intents for proposed VGP and RGP must be submitted to the Bishop 

Paiute Tribe’s Environmental Management office for review and comment. 

6.2 California: 

California certified the VGP with the following additional permit conditions: 

1.	 Deleted. 

2.	 Deleted. 

3.	 Vessel discharges must be in accordance with the requirements of PRC section 72400 

et seq. None of the 26 discharges covered by the VGP may contain hazardous waste as 

defined under California law, as well as hazardous substances listed in Attachment 2 of this 

document. The following other wastes are prohibited from discharge: sewage sludge, used or 

spent oil, garbage or trash (including plastic), photo-developing wastes, dry cleaning wastes, 

noxious liquid substance residues, and medical wastes. The vessel owner or operator must 

submit a certification stating that hazardous wastes as defined under California law, and 

prohibited wastes, will not be discharged. 

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4.	 Vessel discharges must comply with California State Lands Commission (SLC) requirements 

for ballast water discharges and hull fouling to control and prevent the introduction of 

nonindigenous species, found in PRC section 71200 et seq. and in the 

CCR sections 2270 through 2291, inclusive (See Attachment 3 of this document). 

5.	 Deleted. 

6.	 Propeller cleaning is allowed until January 1, 2012, after which, propeller cleaning is allowed 

as specified in regulations adopted by SLC. All other in-water hull cleaning is prohibited 

unless conducted using the best available technologies economically feasible, as determined 

by both SLC and the State Water Board. This prohibition includes underwater ship 

husbandry discharges (Discharge #25). 

7.	 Deleted. 

8.	 Deleted. 

9.	 Deleted. 

10.	 Deleted. 

11.	 There must be no oily sheen from any discharge, and oil and grease must not exceed 15 

milligrams per liter (mg/L) from any discharge. 

12.	 Detergents must not be used to disperse hydrocarbon sheens in any waste streams. To ensure 

this practice is implemented for all state waters, and additionally to protect drinking water 

sources in the Sacramento and San Joaquin Delta, methylene blue active substances (MBAS) 

should not exceed 0.5 mg/L in all waterbodies. 

13.	 Deleted. 

14.	 Deleted. 

15.	 Deleted. 

16.	 All monitoring and reporting information shall be submitted to USEPA. Vessels entering the 

State of California shall also submit reports using the following forms: 

• 7.1 - Deleted. 

• 7.2 - Deleted. 

• 7.3 – SLC Marine Invasive Species Program Hull Husbandry Reporting Form 

Submit annually within 60 days of receiving a written or electronic request from the 

California State Lands Commission. 

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•	 7.4 – SLC Ballast Water Reporting Form 

Upon departure from each port or place in California waters. 

California State Lands Commission 

Marine Facilities Division 

200 Oceangate, Suite 900 

Long Beach, CA 90802 

17.	 This Certification includes Attachments 1-71

. Following is a description of these 

attachments: 

•	 Attachment 1 – Signatory Requirements; 

•	 Attachment 2 – List of Chemical Names and Common Names for Hazardous Wastes 

and Hazardous Materials, Title 22, Chapter 11, Appendix X, California Code of 

Regulations 

•	 Attachment 3 – California State Lands Commission’s Ballast Water Performance 

Standards; and 

•	 Attachment 4 – Deleted; 

•	 Attachment 5 –Deleted; 

•	 Attachment 6 – Deleted; 

•	 Attachment 7 – Vessel Discharge Reporting Forms. 

6.3 Connecticut: 

Connecticut certified the VGP with the following additional permit conditions: 

1. Rights. This certificate is subject to and does not derogate any present or future property 

rights or other rights or powers of the State of Connecticut, and conveys no property rights in 

real estate or material nor any exclusive privileges, and is further subject to any and all public 

and private rights and to any federal, state, or local laws or regulations pertinent to the property 

or activity affected hereby. This certification does not comprise the permits or approvals as may 

be required by Chapters 440, 446i, 446j and 446k of the Connecticut General Statutes. 

2. Expiration of Certificate. This Section 401 Water Quality Certification shall be valid for five 

(5) years or until such time as the VGP issued by EPA on or about December 19, 2008 expires or 

is modified, suspended, revoked or reissued. 

3. Compliance with Certificate. All work and all activities authorized herein conducted by the 

permittees in accordance with the VGP shall be consistent with the terms and conditions of this 

certificate. Any regulated activities carried out in a manner inconsistent with the Best 

Management Practices identified in the VGP constitute a violation of this certificate. 

4. Reliance on Application. In evaluating the EPA’s application for this certificate, the 

Commissioner has relied on information provided by the EPA. If such information subsequently 

1

 These attachments are available as a PDF file with California’s full 401 certification letter. This information is 

available by linking to EPA’s website at: www.epa.gov/npdes/vessels. 

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proves to be false, deceptive, incomplete or inaccurate, this certificate may be modified, 

suspended or revoked. 

5. Best Management Practices. In conducting the activities authorized by the VGP, the 

permittees shall employ all applicable best management practices, consistent with the terms and 

conditions of the VGP and this certificate as applicable. 

6. Ballast Water Management Requirements. The ballast water management requirements in 

the Draft VGP section 2.2.3 shall be the minimum standard for covered vessels operating in 

Connecticut waters. All vessels covered by the VGP that have a ballast water treatment system 

installed for any reason, including but not limited to compliance with the conditions of any VGP 

401 Water Quality Certificate issued by any other jurisdiction, or compliance with International 

Marine Organization (IMO) standards, shall utilize such treatment system to treat ballast water to 

the highest level afforded by such installed treatment system prior to discharge into Connecticut 

waters. 

7. Effective upon issuance of the VGP, graywater as defined in 33 USC § 1322 (a)(11) shall not 

be discharged into Connecticut waters from a vessel covered under the VGP unless such vessel is 

not equipped to hold such graywater for processing ashore or for discharge outside Connecticut 

waters. 

Effective January 1, 2012, graywater from any vessel covered under the VGP operating in 

Connecticut waters shall not be discharged into such waters unless such discharge is granted an 

extension under the limited circumstances described herein. This prohibition shall be in effect 

regardless of a vessel’s traveling speed. 

No extensions will be made to the above implementation date, unless an entity covered under the 

VGP makes a request for an extension to the Commissioner and can provide sufficient 

justification for such a request. Any such extension request shall state and demonstrate that: (1) 

there is a shortage in supply of the technology necessary to meet the limits set forth in this 

certification, or a vessel-specific engineering constraint or other factor related to the availability 

and installation of technology beyond the vessel owner/operator’s control, that delays the 

technology being available and installed in time to comply with this standard; (2) the 

unavailability of supply or installation constraint is the only reason the January 1, 2012 date 

cannot be met; and (3) the vessel has exhausted all other options to comply with this standard. 

Any extension request must be made no later than June 30, 2010, and the extension request shall 

indicate when the vessel will come into compliance with this deadline. 

6.4 Florida: 

Florida certified VGP with the following additional permit conditions: 

“Effluent limitations established in Section 2.1.4 Discharges of Oil Including Oily Mixtures, and 

Section 2.2.16 Motor Gasoline and Compensating Discharge of the VGP, are not as stringent as 

the State of Florida Requirements. Florida’s surface water quality standard for oil and grease in 

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Rule 62-302-.530(50) F.A.C., state that dissolved or emulsified oils and greases shall not exceed 

5.0 mg/L.” 

6.5 Georgia: 

Georgia certified the VGP with the following additional permit conditions: 

Except for ocean going vessels of 20 tons displacement or more, the discharge of graywater shall 

be through a marine sanitation device that is in compliance with the Federal standards of 

performance and regulations for marine sanitation devices promulgated pursuant to Section 312 

of the Clean Water Act. 

6.6 Guam: 

Guam certified the VGP with the following additional permit condition: 

We note that discharges to coral spawning areas during coral mass spawning shall be avoided. 

In regards to the Clean Water Act Section 401 Water Quality Certification (WQC) for this 

activity, we find these proposed NPDES permits tentatively to be acceptable, in accordance with 

the Guam Water Quality Standards, as amended in 2001. Based on the proposed numerical 

criteria, permit narrative, monitoring requirements, and the current Guam Water Quality 

Standards, Guam Environmental Protection Agency believes that there is reasonable assurance 

that the NPDES permitted discharge activity will not violate applicable water quality standards. 

Therefore, we hereby issue Section 401 Water Quality Certification for the proposed NPDES for 

VGP. 

6.7 Hawaii: 

Hawaii certified the VGP with the following additional permit conditions: 

This conditional Section 401 WQC covers effluent discharges into waters of the State of 

Hawaii incidental to the normal operation of applicable commercial vessels (operated in a 

capacity as a means of transportation) and commercial fishing vessels that are eligible for 

permit coverage under Part 1.2 of the proposed VGP and to be authorized under the 

provisions of Section 402 of the CWA (33 U.S.C. 1342). 

Effluent discharges evaluated under this conditional Section 401 WQC are limited to the 

following that are currently excluded from obtaining the National Pollutant Discharge 

Elimination System (NPDES) permit under 40 CFR §122.3 requirements: 

(1) Ballast water discharges incidental to normal operations of all commercial 

vessels including commercial fishing vessels; and 

(2) Twenty-seven (27) types of effluent discharges incidental to commercial 

vessels 79-ft or longer, but not including commercial fishing vessels: 

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(A) Deck Runoff 

(B) Bilgewater Oily Water Separator Effluent 

(C) Anti-fouling Leachate from Anti-Fouling Hull Coatings/Hull Coating 

Leachate 

(D) Aqueous Film Forming Foam (AFFF) 

(E) Boiler/Economizer Blowdown 

(F) Cathodic Protection 

(G) Chain Locker Effluent 

(H) Controllable Pitch Propeller Hydraulic Fluid 

(I) Distillation and Reverse Osmosis Brine 

(J) Elevator Pit Effluent 

(K) Firemain Systems 

(L) Freshwater Layup 

(M) Gas Turbine Wash Water 

(N) Graywater Except that Graywater from commercial vessels operating 

in the Great Lakes within the meaning of CWA section 312 is excluded 

from the requirement to obtain an NPDES permit (see CWA Section 

502(6), and thus is not within the scope of this permit. 

(O) Motor Gasoline and Compensating Discharge 

(P) Non-Oily Machinery Wastewater 

(Q) Refrigeration and Air Condensate Discharge 

(R) Rudder Bearing Lubrication Discharge 

(S) Seawater Cooling Overboard Discharge (Including Non-Contact 

Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration 

Cooling Water) 

(T) Seawater Piping Biofouling Prevention 

(U) Small Boat Engine Wet Exhaust 

(V) Sonar Dome Discharge 

(W) Sterntube Oily Discharge 

(X) Underwater Ship Husbandry 

(Y) Welldeck Discharges 

(Z) Graywater Mixed with Sewage from Vessels 

(AA) Exhaust Gas Scrubber Washwater Discharge 

Geographical Area Exclusions: 

(1) There shall be no waste discharges into natural freshwater lakes, saline lakes 

and anchialine pools. Waste means sewage, industrial and agricultural matter, and 

all other liquid, gaseous, or solid substance, including radioactive substance, 

whether treated or not, which may pollute or tend to pollute the waters of the 

State. 

(2) Sewage, whether commingled with graywater or not, shall be disposed at pier 

side collection or treatment system or outside of estuaries or embayments. No 

new treated sewage discharges shall be permitted within estuaries. [HAR, 

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Paragraph 11-54-3(b)(2)] No new sewage discharges will be permitted within 

embayments. [HAR, Paragraph 11-54-3(c)(2)] 

Limitations on Coverage 

This conditional Section 401 WQC does not apply to any of the following: 

(1) The discharge(s) that is regulated under CWA, Section 404. 

(2) Discharge activity(ies), to be authorized under the EPA proposed VGP, which 

is inconsistent with criteria established in HAR, Subsection 11-54-1.1. 

(3) When the Director finds that it is more appropriate to evaluate the project 

impacts under an individual application for a Section 401 WQC. 

Discharge Limitations 

a. All waters shall be free of substances attributable to the activities authorized under this 

conditional Section 401 WQC and EPA VGP, including: 

(1) Materials that will settle to form objectionable sludge or bottom deposits. 

(2) Floating debris, oil, grease, scum, or other floating materials. 

(3) Substances in amounts sufficient to produce taste in the water or detectable 

off-flavor in the flesh of fish, or in amounts sufficient to produce objectionable 

color, turbidity or other conditions in the receiving waters. 

(4) High or low temperatures; biocides; pathogenic organisms; toxic, radioactive, 

corrosive, or other deleterious substances at levels or in combinations sufficient to 

be toxic or harmful to human, animal, plant, or aquatic life, or in amounts 

sufficient to interfere with any beneficial use of the water. 

(5) Substances or conditions or combinations thereof in concentrations which 

produce undesirable aquatic life. 

(6) Soil particles resulting from erosion on land involved in earthwork, such as the 

construction of public works; highways; subdivisions; recreational, commercial, 

or industrial developments; or the cultivation and management of agricultural 

lands. 

b. The following conditions as proposed in the letter of September 12, 2008, are hereby 

incorporated into this conditional Section 401 WQC and shall also be incorporated into 

Part 6 of the Final Region 9 VGP for discharges into Waters of the State of Hawaii 

"incidental to the normal operation of commercial vessels": 

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Vessel General Permit (VGP) Version 2/5/2009 

(1) Any discharge which would be unlawful under HRS, Section 342D-51 (or 

Section 30l(a) of the Clean Water Act) must be reported to the Director, Water 

Division, EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, and to 

the Director of Health, Hawaii Department of Health, 919 Ala Moana Blvd., Rm. 

301, Honolulu, Hawaii 96814-4920 within 24 hours of the discharge, unless a 

valid NPDES permit issued under HRS, Section 342D-6 (or Section 402 of the 

Clean Water Act) specifies another reporting period for the specific discharge. 

(2) Enterococcus shall be added to the list of analytes for which samples shall be 

taken in accordance with Parts 5.1.2.2.1, 5.1.2.2.2, 5.2.2.2.1 and 5.2.2.2.2 of the 

VGP. Monitoring results shall be reported to the Director of Health, Hawaii 

Department of Hea1th, 919 Ala Moana Blvd, Rm. 301, Honolulu, Hawaii 96814­

4920 in addition to EPA's Washington DC office. 

(3) Receiving waters of the State of Hawaii shall be free of substances attributable 

to the discharges including high or low temperatures; biocides; pathogenic 

organisms; toxic, radioactive, corrosive, or other deleterious substances at levels 

or in combinations sufficient to be toxic or harmful to humans, animal, plant, or 

aquatic life, or in amounts sufficient to interfere with any beneficial use of the 

water. 

(4) Receiving waters of the State of Hawaii shall be free of substances attributable 

to the discharges including floating debris, oil, grease, scum, or other floating 

materials. 

c. Ballast water discharges from "Qualifying Vessels" shall also comply with the 

provisions of HAR, Chapter 13-76. 

The term "Qualifying Vessels", as defined in HAR, Section 13-76-12, means all vessels, 

United States or foreign flagged, carrying ballast water into state marine waters after 

operating outside the EEZ. 

The term "EEZ", as defined in HAR, Section 13-76-12, means the United States 

exclusive economic zone established by Presidential Proclamation No. 5030, dated 

March 10, 1983, which extends from the baseline of the territorial sea of the United 

States seaward 200 nautical miles, substantially as defined in federal law 33 CFR 

151.2025, dated July 1, 2005. 

d. Discharges from "Commercial Passenger Vessels" shall comply with requirements 

specified in HRS, Sections 342D-I02, 342D-I03, 342D-I04, 342D-105 and 342-106 of 

PART VI of HRS, Chapter 342D titled "DISCHARGES FROM COMMERCIAL 

PASSENGER VESSELS." "Commercial passenger vessel," as defined in HRS, Section 

342D-I 0I, means a vessel that carries passengers for hire. The term does not include a 

vessel: 

(1) Authorized to carry fewer than fifty passengers; 

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Vessel General Permit (VGP) Version 2/5/2009 

(2) That does not provide overnight accommodations for at least fifty passengers 

for hire, determined with reference to the number of lower berths and based on an 

average of two persons per cabin; or 

(3) Operated by the United States or a foreign government. 

e. Concentration of Total Residual Chlorine (TRC) in et11uent discharges shall not 

exceed an acute concentration of 13.0 ug/I in salt water or an acute concentration of 19.0 

mcg/l in fresh water 

g. State waters affected by the applicable discharge activities are subject to monitoring 

and to the standards for acute and chronic toxicity and the protection of human health as 

specified in HAR, Subsection 11-54-4(b). 

h. The discharge incidental to normal operation of commercial vessels and commercial 

fishing vessels permitted under the authorization of EPA VGP shall not interfere with or 

become injurious to any assigned uses made of (designated uses, as defined in BAR, 

Section 11-54-1, and specified in BAR, Section 11-54-3), or presently in (existing uses, 

as defined in BAR, Section 11-54-1, and specified in BAR, Subsection 11-54-1.1), those 

waters. 

It shall constitute a violation under HRS, Chapter 342D; HAR, Chapter 11-54; and this WQC if 

any discharges resulting from the activities authorized under the EPA VGP, resulting in any 

noncompliance to terms, requirements, restrictions, or limitations as specified in this WQC. The 

DOH reserves the right to take enforcement actions authorized by law. 

After consideration of the expressed views of all interested persons and agencies and pertinent 

State statutes and rules, the DOH hereby issues this conditional Section 401 WQC to the EPA, 

Region 9, for the proposed VGP for listed discharges incidental to the normal operation of 

commercial vessels. 

6.8 Hualapai Tribe: 

Hualapai Tribe certified with the following conditions: 

In response to the U.S. Environmental Protection Agency (EPA) request for certification of two 

National Pollutant Discharge Elimination System (NPDES) general permits: The Vessel General 

Permit (VGP) and Recreational Vessel General Permit (RGP) for Discharges Incidental to the 

Normal Operation of Commercial and Large Recreational Vessels. Water bodies within the 

jurisdiction of the Hualapai Tribe, the Hualapai Tribes water quality standards and corresponding 

mitigation measures will be adhered to in accordance with all rights and obligations stemming 

from tribal sovereignty and Treatment as a State under the Clean Water Act. The Tribe requires 

that all permits issued in close proximity to Hualapai waters, be consistent with the Tribes’ water 

quality standards set forth in the Hualapai Environmental Review Code, Subtitle I. Water 

Resources and Wetlands, Part 1. Water Resources Ordinance; 401 certification is hereby given. 

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6.9 Idaho: 

Idaho certified the VGP with the following additional permit conditions: 

Reporting of Discharges Containing Hazardous Substances or Oil 

Any discharges containing hazardous substances or oil must be reported to the Idaho State 

Communications Center (1-800-632-8000) or to the appropriate DEQ Regional Office (IDAPA 

58.01.02.850). 

Regional Office Phone Number Regional Office Phone Number 

Boise (208) 373-0550 Lewiston (208) 799-4370 

Coeur d’Alene (208) 769-1422 Pocatello (208) 236-6168 

Idaho Falls (208) 528-2650 Twin Falls (208) 736-2190 

Regulations Prohibiting Discharges on Certain Water Bodies 

Owners or operators of vessels covered by this general permit must be aware of and comply with 

applicable Idaho Administrative Code provisions governing discharges from vessels. The 

discharge of graywater or a sewage/graywater mixture otherwise authorized under this general 

permit is prohibited in certain regions of the state pursuant to IDAPA 41.01.01.200.01(c). Those 

areas include Boundary, Bonner, Kootenai, Benewah, and Shoshone counties in northern Idaho. 

(IDAPA 41.01.01.200.01 et seq.) 

6.10 Illinois: 

Illinois certified the VGP with the following additional permit conditions: 

1.	 Discharges of wastestreams containing Bioaccumulative Chemicals of Concern (BCCs) 

from vessels covered by the Vessel General Permit shall be consistent with the provisions 

of 35 Ill. Adm. Code 302.520, 302,521, and 302.530. 

2.	 All discharges to Waters of the State from vessels covered by the Vessel General Permit 

shall not cause a violation of Illinois Water Quality Standards, as found at 35 Ill. Adm. 

Code Part 302 or effluent standards, as found at 35 Ill. Adm. Code Part 304. 

3.	 No effluent from any vessel covered by the Vessel General Permit shall contain settleable 

solids, floating debris, visible oil, grease, scum or sludge solids. Color, odor and turbidity 

must be reduced to below obvious levels, pursuant to 35 Ill. Adm. Code 304.106. 

4.	 Any vessel covered by the Vessel General Permit discharging ballast water employing 

ballast water treatment systems using chlorine shall not exceed a maximum total residual 

chlorine limit of 0.05 mg/l. The usage of other biocides shall not cause a violation of 

applicable water quality standards and shall not be discharged in concentrations 

considered to be toxic or harmful to aquatic life, pursuant to 35 Ill Adm. Code 302.210, 

302.410, and 302.540. 

5.	 The discharge from any vessel covered by the Vessel General Permit shall be free from 

any substances or combination of substances in concentrations toxic or harmful to human 

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health, or to animal, plant or aquatic life, pursuant to 35 Ill Adm. Code 302.210, 302.410, 

and 302.540. 

6.	 No bilge or ballast water from vessels covered by the Vessel General Permit which fails 

to meet the effluent standards of Part 304 shall be discharged to waters of the State 

pursuant to 35 Ill. Adm. Code 308.103. 

7.	 Except as provided in Condition No. 8, discharges of ballast water from vessels covered 

by the Vessel General Permit to the Illinois portion of Lake Michigan must meet the 

International Maritime Organization certified treatment standard according to the 

following schedule: 

a.	 For vessels constructed prior to January 1, 2012, meeting the applicability 

criteria in the federal NPDES permit, treatment shall be installed an 

operational to meet the performance standards for organisms included in 

Table A by January 1, 2016. 

b.	 For vessels constructed after January 1, 2012, meeting the applicability 

criteria in the federal NPDES permit, treatment stall be installed and 

operational to meet the performance standards for organisms included in 

Table A prior to commencement of vessel operation. 

Table A. Biological Performance Standards for Ballast Water Treatment Technology 

Parameter Limit Limit Type Sample Type 

Organisms > 50um in 

minimum dimension 

<10 viable/m3 Daily Average Composite 

Organisms 10-50 um in 

minimum dimension 

<10 viable/ml Daily Average Composite 

Escherichia coliform <250 cfu/100ml Daily Average Composite 

Intestinal enterococci <100 cfu/100 ml Daily Average Composite 

Analysis required by the above table shall be performed consistent with current protocols. 

8.	 If ballast water treatment technologies, standards or limitations are adopted or approved 

by the USEPA, the U.S. Coast Guard, or other duly authorized Federal Agency and 

incorporated into the Vessel General Permit, the Agency will review the new or modified 

Vessel General Permit to ensure compliance with applicable Illinois laws and regulations. 

Based on that review, the Agency will waive, modify the existing certification or issue a 

new certification pursuant to Section 401 of the Clean Water Act. 

9.	 If the IEPA determines that vessel discharges covered by the Vessel General Permit 

cannot comply with the conditions of this certification or the Illinois Water Quality 

Standards, then this certification may be amended to include different limitations, 

conditions, or requirements which are consistent with applicable laws, regulations, or 

judicial orders. The Agency will public notice any proposed amendments to the 

certification. 

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10. The issuance or this certification pursuant to Section 401 of the Clean Water Act does not 

release any dischargers from responsibilities or liabilities for past or future violations of 

federal, state, or local laws or regulations, nor does it release any potential dischargers 

from the responsibility of obtaining permits, including any from the IEPA, or other 

approvals from other units of government as may be required by law. 

6.11 Indiana: 

Indiana certified the VGP with the following additional permit conditions: 

The following conditions shall apply to any activity that qualifies under this general permit. 

1.	 Permittee shall allow the commissioner or an authorized representative of the 

commissioner (including an authorized contractor), upon the presentation of credentials: 

a.	 to enter and inspect covered vessels; 

b.	 to have access to and copy at reasonable times any records that must be kept 

under the conditions of this certifications; 

c.	 to inspect, at reasonable times, any monitoring or operational equipment or 

method; collections, treatment, pollution management or discharge facility or 

device; practices required by this certification; and 

d.	 to sample or monitor any discharge of pollutants from covered vessels. 

2.	 This granting of WQC does not relieve permittee from the responsibility of obtaining any 

other permits or authorizations that may be required for the project or related activities 

from the IDEM or any other agency or person. 

3.	 This certification does not: 

a.	 Authorize impacts or activities outside the scope of this certification; 

b.	 Authorize any injury to permittees or private property or invasion of other private 

rights, or any infringement of federal, state, or local laws or regulations; 

c.	 Convey any property rights of any sort, or any exclusive privileges; or 

d.	 Preempt any duty to obtain federal, state or local permits or authorizations 

required by law. 

4.	 The IDEM, for any vessel that qualifies under the terms and conditions of this 

certifications, may choose to require an individual WQC if it determines that the vessel 

would have more than minimal impacts to water quality, either viewed individually or 

collectively with other activities that may affect the same waterbody. 

5.	 Activities authorized by the general permit shall not violate or exceed Indiana’s Water 

Quality Standards at 327 IAC 2. 

6.	 Discharges of ballast water to the Indiana portion of Lake Michigan must meet the 

International Maritime Organization certified treatment standard according to the 

following schedule: 

a.	 For ocean-going vessels constructed prior to January 1, 2012, and meeting the 

applicability criteria in the federal NPDES permit, treatment shall be installed and 

operational to meet the performance standards for organisms included in Table 1 

by January 1, 2016. 

b.	 For ocean-going vessels constructed after January 1, 2012, and meeting the 

applicability criteria in the federal NPDES permit, treatment shall be installed and 

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operational to meet the performance standards for organisms included in Table 1 

prior to commencement of vessel operation in Indiana State waters. 

Analysis required by Table 1 shall be performed consistent with the protocols 

currently being validated by the EPA Environmental Technology Verification 

Program (EPA/U.S. Coast Guard/Naval Research Laboratory) and/or the 

following Great Ships Initiative protocols: The Procedure for Algae/Small 

Protozoan Sample Analysis, the Procedure for Zooplankton Sample Analysis, the 

Procedure for the Detection and Enumeration of E. coli by Membrane Filtration 

available online at http://www.nemw.org/GSI/protocols.htm 

c.	 If the federal government adopts treatment standards more stringent than IMO, 

then those standards shall replace those in Table 1 for new treatment systems 

installed after the date those federal standards go into effect. 

Table 1. Biological performance standards for ballast water treatment technology 

Parameter Limit Limit Type Sample Type 

Organisms > 50um in 

minimum dimension 

<10 viable2/m3 Daily Average Composite3 

Organisms 10-50 um in 

minimum dimension 

<10 viable/ml Daily Average Composite 

Escherichia coliform <250 cfu/100ml Daily Average Composite 

Intestinal enterococci <100 cfu/100 ml Daily Average Composite 

7.	 Any ocean-going vessel discharging ballast water employing ballast water treatment 

systems using chlorine, shall not exceed a maximum total residual chlorine limit of .02 

mg/l. The usage of other biocides shall not be discharged in concentrations considered to 

be toxic or harmful to aquatic life or in concentrations that would violate applicable water 

quality standards. 

6.12 Iowa: 

Iowa certified the VGP with the following additional permit conditions: 

Conditions: 

1.	 Permittee is responsible for securing and for compliance with such other permits or 

approvals as may be required by the IDNR, federal, state, or local governmental agencies 

for the project activities described. 

2

 “Viable organism” means organisms that are living and able to reproduce. 3

 “Composite” sample type is a combination of individual grab samples taken at periodic intervals over the specified 

time period. Either samples taken at equal time intervals shall be combined using a volume of each sample that is 

proportional to the flow that sample represents, or equal volume samples shall be combined that are taken at 

intervals of equal flow volumes. 

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2.	 If the vessel discharges oil or hazardous substances in the water, immediately call 

the U.S. Coast Guard at 1-800-424-8802 and the IDNR Emergency Response Unit at 

1-515-281-8694. 

3.	 Discharge of ballast water into Iowa’s waters is authorized only if there has been an open 

sea exchange or if the vessel has treated its ballast water to meet water quality standards 

set by the IDNR in 567~ 61.3 (455B). See 

www.iowadnr.com/water/standards/files/chapter61.pdf. 

4.	 It is illegal for anglers to possess, introduce, purchase, sell, or transport aquatic invasive 

species in Iowa except when a species is being removed from watercraft or equipment, is 

caught and immediately killed or returned to the water from which it came, or is being 

transported in a sealed container for identification purposes. It is also illegal to introduce 

any live fish, except for hooked bait, into public waters. 

5.	 It is illegal to dump trash into federally controlled or state waters. 

6.	 It is illegal to discharge oil or hazardous substances into the water. 

7.	 Oil may not be dumped into the bilge of the vessel without means for proper disposal. 

8.	 Oil waste must be disposed of at an approved reception facility. On recreational vessels, a 

bucket or bailer is adequate for temporary storage. 

9.	 Recreational vessels with installed toilets must have an operable marine sanitation device 

on board. All installed devices must be U.S. Coast Guard-certified. 

10. The United States Coast Guard’s Mandatory Practices for all vessels with ballast tanks on 

all waters of the United States, regardless of Exclusive Economic Zone (EEZ) Entry (33 

CFR 151.2035(a)) must be followed. 

11. The United States Coast Guard’s Additional Mandatory Practices for all vessels transiting 

to U.S. waters with ballast water that was taken on within 200 nautical miles of any coast 

after operating beyond the U.S. EEZ (33 CFR 151.2035(b)) must be followed. 

6.13 Kansas: 

Kansas certified the VGP with the following conditions: 

The permittee shall not cause or contribute to a violation of the following narrative Kansas 

Surface Water Quality Standards [KAR 28-16-28e(B)]: 

(1) Surface waters shall be free, at all times, from the harmful effects of substances that 

originate from artificial sources of pollution and that produce any public health hazard, 

nuisance condition, or impairment of a designated use. 

(2) Hazardous materials derived from artificial sources, including toxic substances, 

radioactive isotopes, and infectious microorganisms derived directly or indirectly from 

point or nonpoint sources, shall not occur in surface waters at concentrations or in 

combinations that jeopardize the public health or the survival or well-being of livestock, 

domestic animals, terrestrial wildlife, or aquatic or semiaquatic life. 

(3) Surface waters shall be free of all discarded solid materials, including trash, garbage, 

rubbish, offal, grass clippings, discarded building or construction materials, car bodies, 

tires, wire, and other unwanted or discarded materials. The placement of stone and 

concrete rubble for bank stabilization shall be acceptable to the department, if all other 

required permits are obtained before placement. 

(4) Surface waters shall be free of floating debris, scum, foam, froth, and other floating 

materials directly or indirectly attributable to artificial sources of pollution. 

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(5) Oil and grease from artificial sources shall not cause any visible film or sheen to form 

upon the surface of the water or upon submerged substrate or adjoining shorelines, nor 

shall these materials cause a sludge or emulsion to be deposited beneath the surface of the 

water or upon the adjoining shorelines. 

(6) Surface waters shall be free of deposits of sludge or fine solids attributable to artificial 

sources of pollution. 

(7) Taste-producing and odor-producing substances of artificial origin shall not occur in 

surface waters at concentrations that interfere with the production of potable water by 

conventional water treatment processes, that impart an unpalatable flavor to edible 

aquatic or semiaquatic life or terrestrial wildlife, or that result in noticeable odors in the 

vicinity of surface waters. 

(8) The natural appearance of surface waters shall not be altered by the addition of colorproducing or turbidity-producing substances of artificial origin. 

6.14 Maine: 

Maine certified the VGP with the following additional permit conditions: 

1.	 Large Commercial Passenger Vessels that provide overnight accommodations for 250 or 

more overnight passengers are prohibited from discharging graywater or a mixture of 

graywater and blackwater to the coastal waters unless they first obtain authorization to 

discharge through Maine Department of Environmental Protection General Permit 

#W008222-5Y-A-N dated December 22, 2005.4 

2.	 Large Commercial Passenger Vessels are prohibited from discharging graywater into No 

Discharge Areas designated pursuant to Section 312 of the Act, 33 CFR Part 159 and 40 

CFR Part 140. 

3.	 Large Commercial Passenger Vessels must report discharges of blackwater or graywater 

not authorized through Permit #W008222-5Y-A-N, or discharges to No Discharge Areas, 

to the Department.5 

4.	 No vessel covered by the VGP may discharge pollutants to Class GPA or class SA 

waters.6 

5.	 No vessel covered by the VGP may conduct underwater hull cleaning except as part of 

emergency hull repairs necessary to secure the vessel or saving a life at sea. The Maine 

Department of Environmental Protection has determined that removal of biological 

growth, debris, or scrubbing the hull to reveal fresh antifouling coatings will invariable 

release pollutants at levels potential toxic to the marine environment. 

6.15 Massachusetts: 

Massachusetts certified the VGP subject to the following conditions: 

Unnumbered section 

4

 38 MRSA §423-D 

5

 38 MRSA §423-D 

6

 38 MRSA §465-A (1) and 38 MRSA §465-B(1) 

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The discharge of tetrachloroethylene (TCE) from all activities (not just drycleaning) is 

prohibited. 

Section 2.2.3.8 Vessels Engaged in Pacific Nearshore Voyages with Unpumpable Ballast 

Water and Residual Sediment (including NOBOBs) 

Ballast water exchange requirements similar to those proposed for Pacific near- shore voyages 

(section 2.2.3.8) are required for vessels engaged in coastwise trade on the Atlantic or Gulf 

Coasts that will discharge to waters subject to this permit. 

Section 2.2.15 Graywater 

Vessels that have the capacity to store graywater are prohibited from discharging it in areas listed 

in Part 12.1. In Massachusetts these areas include: the Boston Harbor Islands National 

Recreation Area, the Cape Cod National Seashore, and the Essex National Heritage Area. 

Section 2.2.15 Graywater 

The discharge of untreated graywater within 3 nautical miles (nm) for vessels greater than 400 

gross tons is prohibited, regardless of the speed of the vessel. Treated graywater must meet the 

graywater treatment standards included in Section 5.1.1.1.2 of the VGP. 

Section 2.2.21 Seawater Piping Biofouling Prevention 

All seawater piping biofouling discharges shall meet the same chlorine discharge limit of 10 μg/l 

as is proposed in the graywater treatment standards (e.g., Section 5.1.1.1.2). 

Section 2.2.25 Underwater Ship Husbandry Discharges 

Discharges associated with Underwater Ship Husbandry are prohibited in waters within 3 nm. 

Specifically, the removal of fouling organisms is prohibited within 3 nm in order to prevent the 

spread of invasive species. In addition, all hull cleaning shall occur while a vessel is in drydock 

or at another landside facility so that wash water and hull cleaning residuals can be collected and 

disposed of properly. 

Section 2.2.27 Graywater Mixed with Sewage from Vessels 

Graywater commingled with sewage is not allowed to be discharged in No Discharge Areas. As 

of December 2008, three quarters of Massachusetts’ coastal waters have been designated as 

NDAs. A map of No Discharge Areas in Massachusetts can be found at 

http://www.epa.gov/region01/eco/nodiscrg/index.html. 

Section 5.1.1.1.1 Graywater Discharge Location and Rate (for large cruise ships) 

The discharge of all (treated and untreated) graywater from large cruise ships is prohibited within 

3 nm of shore unless the discharge meets the graywater treatment standards in Section 5.1.1.1.2. 

Sections 5.1.1.1.2 Graywater Treatment Standards (for large cruise ships) 

All discharges of graywater for large cruise ships shall meet the state water quality standard for 

fecal coliform of 14 fecal coliform colony forming units (cfu) per 100 ml with not more than 10 

percent of the samples exceeding 28 fecal coliform cfu per 100 ml. 

Section 5.2.1.1.1 Graywater Discharge Location and Rate (for medium cruise ships) 

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The discharge of all (treated and untreated) graywater from medium-sized cruise ships (those 

authorized to carry 100-499 passengers) is prohibited within 3 nm of shore unless the discharge 

meets the graywater treatment standards in Section 5.2.1.1.2. 

Sections 5.2.1.1.2 Graywater Treatment Standards (for medium cruise ships) 

All discharges of graywater from medium cruise ships shall meet the state water quality standard 

for fecal coliform of 14 fecal coliform cfu per 100 ml with not more than 10 percent of the 

samples exceeding 28 fecal coliform cfu per 100 ml. 

Section 5.3.1.2.1 Graywater Discharge Location and Rate (for large ferries) 

The discharge of all (treated and untreated) graywater from large ferries (those authorized to 

carry more than 100 tons of land transportation vehicles or greater than 250 people) is prohibited 

with 3 nm of shore unless the discharge meets the graywater treatments standards in Section 

5.2.1.1.2. 

Section 5.8.1 Authorization of Residual Biocides Associated with Experimental Ballast 

Water Treatment Systems 

All discharges from experimental ballast water treatment systems shall contain no more than 10 

ug/l total residual chlorine (TRC, as is proposed in the graywater treatment standards (e.g., 

Sections 5.1.1.1.2 and 5.2.1.1.2). 

6.16 Michigan: 

Michigan certified the VGP with the following additional permit conditions: 

1.	 Discharges of blackwater and graywater from vessels covered by the USEPA’s VGP are 

prohibited in Michigan waters. (Part 95, Watercraft Pollution Control, of the Natural 

Resources and Environmental Protection Act, 1994 PA 451, as amended, [NREPA]) 

2.	 Oceangoing vessels covered by the USEPA’s VGP are prohibited from discharging 

ballast water in Michigan waters, unless the vessel has obtained a Certificate of Coverage 

under the Ballast Water Control General Permit (Permit No. MIG140000) or an 

Individual Permit from the MDEQ and is in full compliance with the discharge 

limitations, monitoring requirements, and other conditions set forth in that General 

Permit or Individual Permit. (Section 3112[6]of Part 31, Water Resources Protection, of 

the NREPA) 

3.	 Non-oceangoing vessels covered by the USEPA’s VGP that operate experimental ballast 

water treatment systems are prohibited from discharging ballast water in Michigan waters 

with total residual chlorine concentrations above 38 micrograms per liter (μg/l) when the 

ballast water discharge duration exceeds 160 minutes, or above 200 μg/l when the ballast 

water discharge duration is less than or equal to 160 minutes. Non-oceangoing vessels 

covered by the USEPA’s VGP that operate experimental ballast water treatment systems 

are prohibited from discharging ballast water in Michigan waters with chlorite 

concentrations above 13 μg/l. (R 323.1057 of the MWQS) 

4.	 Each vessel required to operate a ballast water treatment system pursuant to Condition 

No. 2 of the Certification shall allow the MDEQ reasonable entry onto the vessel for 

inspection, access to records, and collection of a ballast water discharge sample(s) for 

determining compliance with this Certification and applicable laws. In the event ballast 

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water monitoring results indicate the discharge of aquatic nuisance species to Michigan 

waters is not being effectively prevented as determined by the MDEQ, the vessel operator 

shall cease any further discharges of ballast water until an aquatic nuisance species 

discharge prevention plan, submitted to, and approved by the MDEQ, is implemented. (R 

323.2149 of the Part 21 rules, Wastewater Discharge Permits, promulgated under Part 31 

of the NREPA) 

5.	 All vessels covered by the USEPA’s VGP are prohibited from lowering the water quality 

of Michigan’s Outstanding State Resource Waters or their tributaries. The following 

water bodies in Michigan are designated as Outstanding State Resource Waters: (R 

323.1098 of the MWQS) 

•	 The Carp River (Mackinac County) – The 7.5 mile segment from Michigan State 

Highway 123, T42N, R5W, Section 2, to one-quarter mile upstream from Forest 

Development Road 3119, T42N, R4W, Section 4. 

•	 The Carp River (Mackinac County)- the 4.9-mile segment from one-quarter mile 

downstream of Forest Development Road 3119, T42N, R4W, Section 3 to 

McDonald Rapids. 

•	 The east branch of the Ontonagon River (Houghton and Ontonagon Counties) – 

the 25.5 mile segment from the east branch of the Ontonagon River’s confluence 

with and unnamed stream in T48N, R37W, Section 30, to the Ottawa National 

Forest boundary, T50W, R38W, Section 33. 

•	 The middle branch of the Ontonagon River (Ontonagon County)- the 17.4 mile 

segment from Trout Creek, T48N, R38W, Section 20, to the northern boundary of 

the Ottawa National Forest, T48N, R39W, Section 12. 

•	 The Sturgeon River (Baraga and Houghton Counties) – The 16.5 mile segment 

from the Sturgeon River’s entry into the Ottawa National Forest, T48N, R35W, 

Section 12, to Prickett Lake. 

•	 The east branch of the Tahquamenon River (Chippewa County) – the 3.2 mile 

segment from the center of T46, R6W, Sections 20, to the boundary of the 

Hiawatha National Forest, T46N, R6W, Section 19. 

•	 The Yellow Dog River (Marquette County) – the 4 mile segment from the Yellow 

Dog River’s origin at the outlet of Bulldog Lake Dam, T50N, R29W, Section 31, 

to the boundary of the Ottawa National Forest. T50N, R29W, Section 17. 

•	 The main, north, south, east, and west branches of the Two Hearted River and 

Dawson Creek from their headwaters to the mouth of the river at Lake Superior. 

•	 Water bodies within the designated boundaries of the following national parks or 

lakeshores: Sleeping Bear Dunes National Lakeshore, Picture Rocks National 

Lakeshore, and Isle Royale National Park. 

6.	 All Discharges in Michigan waters from vessels covered by the USEPA’s VGP are 

prohibited from causing or contributing to exceedances of the MWQS. (Part 4 rules) 

7.	 No condition in the USEPA’s VGP may be made less restrictive because such action may 

violate the requirements of Michigan state law, including the MWQS. 

8.	 Nothing in this Certification diminishes, negates, or precludes the state of Michigan from 

bringing civil and/or criminal actions for violations of state law and/or state issued 

permits. (Part 31 of the NREPA) 

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9.	 If the MDEQ determines that vessel discharges covered by this Certification can no 

longer comply with this Certification, the MDEQ may revoke or modify the Certification 

after appropriate public notice. (CWA, Section 401) 

10. The MDEQ reserves the right to modify this Certification, after appropriate public notice, 

to require non-oceangoing vessels covered by the USEPA’s VGP to install and operate 

ballast water treatment systems to prevent the discharge of aquatic nuisance species to 

Michigan waters, if a determination is made by the MDEQ’s Director that such ballast 

water treatment systems are necessary, available, and cost effective. 

11. All conditions of this Certification apply in all Michigan waters regardless of their 

distance from shore. (Part 4 rules) 

12. The issuance of this Certification does not authorize violation of any Federal, state, or 

local laws or regulations, nor does it obviate the necessity of obtaining such permits, 

including any other MDEQ permits, or approvals from other units of government as may 

be required by law. (Part 31 of the NREPA) 

13. The contact point for consultation, submittals, an approvals as referred to in this 

Certification is: 

MDEQ Chief, Surface Water Assessment Section 

P.O Box 30273 

Lansing, Michigan 48909-7773 

 Phone: 517-335-4121 

6.17 Minnesota: 

Minnesota certified the VGP with the following additional permit conditions: 

1.	 Vessels covered by the EPA's VGP must obtain any permits required by the state of 

Minnesota for vessel discharges. (Minn. Stat. § 115.07). The MPCA's ballast water 

discharge general permit MNG300000 requires vessels meeting the permit's applicability 

criteria to comply with the following biological performance standards and 

implementation schedule: 

a. Table A Biological Performance Standards for Ballast Water Treatment Technology 

Parameter Limit Limit Type Sample Type 

Organisms >50um in minimum 

dimension 

<10 viable /m3 Daily average Composite 

Organisms 10-50 um in 

minimum dimension 

<10 viable / ml Daily average Composite 

Escherichia coliform <250 cfu / 100 ml Daily average Composite 

Intestinal enterococci <100 cfu / 100 ml Daily average Composite 

b. For vessels constructed prior to January 1, 2012, and meeting the applicability criteria 

in the permit, treatment shall be installed and operational to meet the performance 

standards for organisms included in Table A by January 1, 2016. 

c. For vessels constructed after January 1, 2012, and meeting the applicability criteria in 

the permit, treatment shall be installed and operational to meet the performance standards 

for organisms included in Table A prior to commencement of vessel operation in the 

Minnesota state waters of Lake Superior. 

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2.	 Vessels covered by the EPA's VGP must comply with a ballast water and sediment 

management plan approved by the MPCA and maintain a ballast record book meeting the 

requirements prescribed by the MPCA. (Minn. Stat. § 115.0306, 115.0307). 

3.	 Discharge of ballast water from vessels employing ballast water treatment systems using 

chlorine must meet a maximum total residual oxidants limit, measured as total residual 

chlorine, of 0.038 mg/L. (Minn. R. 7050.0220). 

4.	 Each condition in the proposed permit cannot be made less stringent without potentially 

violating the requirements of Minnesota State law, including water quality standards. 

5.	 If the MPCA determines that vessel discharges covered by this Certification can no 

longer comply with Section 401 of the Clean Water Act or Minnesota laws and 

regulations, then this Certification may be revoked or modified. (Minn. R. 7001.1450, 

Minn. R. ch. 7050, 7052, and 7053). 

6.18 Missouri: 

Missouri certified the VGP with the following additional permit conditions: 

1.	 The National Pollutant Discharge Elimination System (NPDES) permit is written such 

that limitations do not cause the general or numeric criteria to be exceeded nor impair 

beneficial uses established in the Water Quality Standards, 10 CSR 20-7.031. 

2.	 Representatives from the department shall be allowed to inspect the authorized activity at 

any time deemed necessary to ensure that it is being or has been accomplished in 

accordance with the letters and conditions of the permit. 

3.	 This Water Quality Certification shall not be construed or interpreted to imply the 

requirements for other permits are replaced or superceded. Any NPDES Permits, Land 

Disturbance General Permits, or other requirements shall be complied with. 

6.19 Nebraska: 

Nebraska certified the VGP with the following permit conditions: 

Chapter 6, § 004 of Title 117 – Nebraska’s Surface Water Quality Standards, states that: 

“No discharge of wastewater from domestic, municipal, or industrial sources shall be allowed 

directly into lakes or impounded waters except: 

“004.01 Wastewater from sources authorized by NPDES permits to discharge to these 

waters prior to May 10, 1982 which have operated under active NPDES permits since 

then. 

“004.02 Noncontact cooling waters from sources authorized by NPDES permits to 

discharge to these waters. 

“004.03 Stormwater from sources authorized by NPDES permits to discharge to these 

waters.” 

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This precludes allowing discharges into lakes and reservoirs of greywater, bilge water, or any 

sewage commingled with any other discharge as described in the permits and in Federal 

Register Vol. 73, No. 117, pp 34296 through 34304. Vessels on these waters will need to 

discharge to these wastewaters into sanitary dump stations that do not result in discharge to 

lakes or impounded waters. Cooling water discharges are allowed. Use of these General 

Permits for vessels operating on streams of the State of Nebraska is acceptable. 

With that condition observed, use of these General Permits for vessels operating on streams of 

the State of Nebraska is acceptable. 

We therefore, by this letter, provide Section 401 Water Quality Certification. This certification 

does not constitute authorization to conduct your project. It is a statement of compliance with the 

Surface Water Quality Standards only, which is one requirement to gain authorization from the 

U.S. Army Corps of Engineers in the form of a Section 404 permit. 

6.20 Nevada: 

Nevada certified the VGP with the following additional permit conditions: 

1. The proposed discharges permitted by the VGP will comply with all applicable 

State, Local, Interstate Agency and Federal laws, policies and regulations 

governing the protection of the beneficial uses of the State’s Waters. 

2. If in the opinion of the State the Final VGP does not adequately protect the 

Waters of the State or does not achieve compliance with the Nevada Water 

Quality Standards and other applicable provisions of state law, the 401 WQC may 

be modified or revoked. 

3. This 401 WQC is valid until the VGP is modified, reissued, suspended or 

revoked. EPA must reapply for a new 401 WQC if any of these actions occur. 

6.21 New Hampshire: 

New Hampshire certified the VGP with the following additional permit conditions: 

Upon final issuance by the federal EPA, the New Hampshire Department of Environmental 

Services assumes EPA will include the following provision: “On September 30, 2005, the State 

of New Hampshire was granted permission by EPA for a No Discharge Area. The No Discharge 

Area consists of all tidal and estuarine waters, including all bays and rivers to the tidal dams, and 

all ocean waters within three miles of the New Hampshire shoreline and Isles of Shoals. In the 

No Discharge Area, all boat sewage discharge, whether treated or untreated, is prohibited.” 

6.22 New York: 

New York certified the VGP with the following additional permit conditions: 

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DEC certifies there is a reasonable assurance that discharges from vessels covered by the United 

States Environmental Protection Agency General Permit for discharges incidental to the normal 

operation of commercial vessels and large recreational vessels (VGP) will comply with the 

applicable provisions of 33 U.S.C §§ 1311, 1312, 1313, 1316, 1317 and 1341, (CWA §§ 301, 

302, 303, 306, 307 and 401), and that permittees and their activities will not contravene 

applicable limitations, standards and other appropriate requirements of State law, provided the 

following conditions set forth in the Certification are met. 

The CWA’s “objective . . . is to restore and maintain the chemical, physical and biological 

integrity of the Nation’s waters (and) [i]n order to achieve this objective . . . 

(1) it is the national goal that the discharge of pollutants into the navigable waters be 

eliminated by 1985; 

(2) it is the national goal that wherever attainable, an interim goal of water quality which 

provides for the protection and propagation of fish, shellfish, and wildlife and provides 

for recreation in and on the water be achieved by July 1, 1983; 

(3) it is the national policy that the discharge of toxic pollutants in toxic amount be 

prohibited. 

33 U.S.C. § 1251 (a). In addition, the Act requires that “[i]n order to carry out (its) objective . . . 

there shall be achieved 

– not later than July 1, 1977, any more stringent limitation, including those necessary to 

meet water quality standards, treatment standards, or schedules of compliance, 

established pursuant to any State law or regulations (under authority preserved by section 

1370 of this title) or any other Federal law or regulation, or required to implement any 

applicable water quality standard established pursuant to this chapter. 

33 U.S.C. § 1311 (b)(1)(C). The CWA further requires that “water quality standard(s) shall 

consist of the designated uses of the navigable waters involved and the water quality criteria for 

such waters based on such uses.” 33 U.S.C. § 1313(c)(2)(A). Moreover, EPA regulations 

implementing the Act’s requirements to “maintain” the chemical, physical, and biological 

integrity of the nation’s waters require States to include in their water quality standards an 

antidegradation policy. 40 C.F.R. 131.6(d); 40 C.F.R. 131.12. Among other aspects of the 

required antidegradation policy is the protection of existing uses, 40 C.F.R. 131.12(a)(1), defined 

as “those uses actually attained in the water body on or after November 28, 1975, whether or not 

they are included in the water quality standards.” 40 C.F.R. 131.3(e). 

New York Environmental Conservation Law (ECL) Article 17 is entitled “Water Pollution 

Control.” Its declaration of policy states: 

It is declared to be the public policy of the state of New York to maintain reasonable 

standards of purity of waters of the state consistent with public health and public 

enjoyment thereof, the propagation and protection of fish and wild life, including birds, 

mammals and other terrestrial and aquatic life, and the industrial development of the 

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state, and to that end requires the use of all known available and reasonable methods to 

prevent and control the pollution of the waters of the state of New York. 

ECL § 17-0101. Department regulations adopted pursuant to ECL Article 17 define “pollution” 

as follows: 

Pollution means the presence in the environment of conditions and/or contaminants in 

quantities of characteristics that are or may be injurious to human, plant or animal life or 

to property or that unreasonably interfere with the comfortable enjoyment of life and 

property throughout such areas of the State as shall be affected thereby. 

6 NYCRR § 700.1(a)(47). Both the CWA and the ECL define “pollutant” to include “biological 

materials”. 33 U.S.C. § 1362 (6); ECL § 17-0105 (17). The ECL further defines “pollutant” to 

include “ballast”. Id. 

Pursuant to ECL Section 17-0301, DEC has developed water quality standards for the waters of 

New York State. Title 5 of ECL Article 17 makes unlawful any discharges that violate those 

water quality standards, providing that: 

[i]t shall be unlawful for any person, directly or indirectly, to throw, drain, run or 

otherwise discharge into such waters organic or inorganic matter that shall cause or 

contribute to a condition in contravention of the standards adopted by the department 

pursuant to section 17-0301. 

ECL § 17-0501. Department regulations adopted pursuant to ECL Article 17 broadly define 

effluent limitations that serve to, inter alia, control the discharges prohibited under ECL § 17- 

0501. 

Effluent limitations mean any restriction on quantities, qualities, rates and concentrations 

of chemical, physical, biological, and other constituents of effluents that are discharged 

into or allowed to run from an outlet or point source or any other discharge within the 

meaning of section 17-0501 of the Environmental Conservation Law into surface waters, 

groundwater or unsaturated zones. 

6 NYCRR § 700.1(a)(15). 

New York’s water quality standards establish classifications and designated uses of New York 

waters. 6 NYCRR Part 701. New York’s water quality standards also include the water quality 

criteria set forth at 6 NYCRR Part 703. Included therein is the criteria, that, for numerous 

identified classes of waters, limits the discharge of “toxic or other deleterious substances” to 

“none in amounts that will . . . impair the waters for their best usages.” 6 NYCRR § 703.2. The 

best usages of the classes of waters specified in 6 NYCRR § 703.2 include fish, shellfish and 

wildlife propogation and survival, fishing, drinking water supply, and primary and secondary 

contact recreation. Further, consistent with the requirements of the CWA, New York’s Water 

Quality Antidegradation Policy, implemented through State laws including ECL Article 17 and 

Department regulations adopted pursuant thereto, operates to ensure existing instream water uses 

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and the level of water quality necessary to maintain and protect those existing uses. See DEC 

Organization and Delegation Memorandum No. 85-40, Water Quality Antidegradation Policy, 

September 9, 1985. 

As further explained herein, Conditions #1-6 of this Certification are needed to assure 

compliance with the CWA and the provisions of New York State law set forth above. In 

accordance with 40 CFR § 124.53(e)(2), the CWA and State law provisions cited above form the 

basis for each of Conditions #1-6 of this Certification. In accordance with 40 CFR § 124.53 

(e)(3) these conditions cannot be made less stringent and still comply with the requirements of 

State law, including State water quality standards. Since the requirements of New York State 

law, including water quality standards, are more stringent than the protections the VGP would 

provide, this water quality certification is necessary. 

This certification shall expire five years after the date of issuance of the EPA’s VGP. 

Note that all studies, reports, authorities and other documents cited herein are incorporated into 

this Certification by reference. 

Certification Conditions for the VGP 

1. The operator of any vessel covered under the VGP whose voyage originates from within the 

exclusive economic zone7

 and enters New York waters with ballast on board, shall conduct 

ballast water exchange at least 50 nautical miles from shore and in water at least 200 meters in 

depth. Such vessels that carry only residual amounts of ballast water and/or sediments shall 

conduct saltwater flushing of their ballast water tanks, at least 50 nautical miles from shore and 

in water at least 200 meters in depth. 

Ballast water exchange is defined as at least 1 empty and refill cycle of each ballast tank that 

contains ballast water, resulting in a salinity level of at least 30 parts per thousand 

(ppt). If the master of a vessel determines that such exchange is impracticable, a sufficient 

number of flow-through exchanges of ballast water may be conducted to achieve replacement of 

at least 95 percent of ballast water in ballast tanks of the vessel, resulting in a salinity level of at 

least 30 ppt. 

Saltwater flushing is defined as the addition of ocean water to ballast water tanks, the mixing of 

the flushwater with residual water and sediment through the motion of the vessel, and the 

discharge of the mixed water, such that the resulting residual water has a salinity level of at least 

30 ppt. 

All vessels entering New York waters must maintain the ability to measure salinity levels in each 

tank onboard the vessel so that salinities of at least 30 ppt can be ensured. 

7

 “Exclusive Economic Zone” (EEZ) means the area established by Presidential Proclamation Number 5030, dated 

March 10, 1983 (48 FR 10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line of the territorial sea of 

the United States seaward 200 miles, and the equivalent zone of Canada. [source: 33 C.F.R. 151.2025] 

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This condition does not apply to vessel(s): 

(i) that operate exclusively in the Great Lakes - St. Lawrence Seaway System upstream of a line 

drawn from Cap-de-Rosiers to West Point, Anticosti Island and then to the north shore of the St. 

Lawrence River along a meridian of longitude 63 degrees West, or 

(ii) operating exclusively within waters of New York Harbor and Long Island Sound, or 

(iii) entering New York waters from ports of call within New Jersey and Connecticut waters 

which are included in the definition of "waters of New York Harbor and 

Long Island Sound," provided that the vessel has met the requirements of this condition prior to 

entering the waters of New York Harbor and Long Island Sound, or 

(iv) that have met the requirements of Condition #2 or Condition #3, or 

(v) that carry only permanent ballast water, all of which is in sealed tanks that are not subject to 

discharge, or 

(vi) of the National Defense Reserve Fleet that are scheduled to be disposed of through scrapping 

or sinking. 

This condition does not apply to the discharge of ballast water if the master of the vessel 

determines that compliance with this condition would threaten the safety or stability of the 

vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other 

relevant condition. If a vessel is unable to conduct ballast water exchange, or flushing, as 

specified, due to serious safety concerns as specified above, the operator of any vessel with 

ballast on board shall take reasonable measures to avoid discharge of organisms in ballast water 

and shall inform the Department in writing of the measures taken. 

For purposes of this condition, “waters of New York Harbor and Long Island Sound” means 

waters in and around New York City, consisting of the waters, tributaries, bays, harbors, inlets, 

coves, channels, and other waterways within Lower and Upper New York 

Bay, Jamaica Bay, Raritan Bay, Newark Bay, Hudson River south of the Tappan Zee 

Bridge, Harlem River, East River, Gravesend Bay, Flushing Bay, Eastchester Bay, the 

Kills, and Long Island Sound. 

2. By not later than January 1, 2012, each vessel covered under the VGP that operates in 

New York waters, shall have a ballast water treatment system that meets the following standards, 

subject to the exceptions listed below. 

(A) Standard for organisms 50 or more micrometers in minimum dimension: Any ballast water 

discharged shall contain less than 1 living organism per 10 cubic meters. 

(B) Standard for organisms less than 50 micrometers in minimum dimension and more than 10 

micrometers in minimum dimension: Any ballast water discharged shall contain less than 1 living 

organism per 10 milliliters. 

(C) Standards for indicator microbes: 

(i) Any ballast water discharged shall contain less than 1 colony-forming unit of 

toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colonyforming unit of that microbe per gram of wet weight of zoological samples; 

(ii) Any ballast water discharged shall contain less than 126 colony-forming units of 

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escherichia coli per 100 milliliters; and 

(iii) Any ballast water discharged shall contain less than 33 colony-forming units of intestinal 

enterococci per 100 milliliters. 

(D) This condition does not apply to vessel(s): 

(i) operating exclusively within waters of New York Harbor and Long Island Sound. For 

purposes of this condition, “waters of New York Harbor and Long Island Sound” has the same 

meaning as in Condition #1, or 

(ii) that carry only permanent ballast water, all of which is in sealed tanks that are not subject to 

discharge, or 

(iii) of the National Defense Reserve Fleet that are scheduled to be disposed of through 

scrapping or sinking. 

No extensions will be made to this implementation date, unless an entity covered under the 

permit makes a request for an extension to the Department and can provide sufficient 

justification for such a request. Any such extension request shall state and demonstrate that: (1) 

there is a shortage in supply of the technology necessary to meet the limits set forth in this 

certification, or a vessel-specific engineering constraint, or other factor related to the availability 

and installation of technology beyond the vessel owner/operator’s control, that delays the 

technology being available and installed in time to comply with this standard; (2) the 

unavailability of supply or installation constraint is the only reason the January 1, 2012 date 

cannot be met; and (3) the vessel has exhausted all other options to comply with this standard. 

Any extension request must be made no later than June 30, 2010, and the extension request shall 

indicate when the vessel will come into compliance with this deadline. 

3. Each vessel constructed on or after January 1, 2013 that is covered under the VGP and 

operates in New York waters, shall have a ballast water treatment system that meets the 

following standards, subject to the exceptions listed below. 

(A) Standard for organisms 50 or more micrometers in minimum dimension: Any ballast water 

discharged shall contain no detectable living organisms. 

(B) Standard for organisms less than 50 micrometers in minimum dimension and more than 10 

micrometers in minimum dimension: Any ballast water discharged shall contain less than 0.01 

living organism per milliliter. 

(C) Standards for indicator microbes: 

(i) Any ballast water discharged shall contain less than 1 colony-forming unit of 

toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colonyforming unit of that microbe per gram of wet weight of zoological samples, 

(ii) Any ballast water discharged shall contain less than 126 colony-forming units of 

escherichia coli per 100 milliliters, and 

(iii) Any ballast water discharged shall contain less than 33 colony-forming units of intestinal 

enterococci per 100 milliliters. 

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(D) Standard for bacteria: Any ballast water discharged shall contain less than 1,000 bacteria per 

100 milliliters. 

(E) Standard for viruses: Any ballast water discharged shall contain less than 10,000 viruses per 

100 milliliters. 

(F) For purposes of this condition, “Constructed” means a stage of vessel construction where: 

(i) the keel is laid; or 

(ii) construction identifiable with a specific vessel begins; or 

(iii) assembly of the vessel has commenced comprising at least 50 tonnes or 1 percent of the 

estimated mass of all structural material, whichever is less; or 

(iv) the vessel undergoes a major conversion. 

(G) In the context of this condition, “Major Conversion” means a conversion of a vessel; 

(i) which changes its ballast water carrying capacity by 15 percent or greater; or 

(ii) which changes the vessel type; or 

(iii) which, in the opinion of the Department, is projected to prolong its life by ten years or more; 

or 

(iv) which results in modifications to its ballast water system other than component replacementin-kind. 

(H) This condition does not apply to vessel(s): 

(i) operating exclusively within waters of New York Harbor and Long Island Sound. For 

purposes of this condition, “waters of New York Harbor and Long Island Sound” has the same 

meaning as in Condition #1, or 

(ii) that carry only permanent ballast water, all of which is in sealed tanks that are not subject to 

discharge, or 

(iii) of the National Defense Reserve Fleet that are scheduled to be disposed of through 

scrapping or sinking. 

No extensions will be made to this implementation date, unless an entity covered under the 

permit makes a request for an extension to the Department and can provide sufficient 

justification for such a request. Any such extension request shall state and demonstrate that: (1) 

there is a shortage in supply of the technology necessary to meet the limits set forth in this 

certification or other factor related to the availability and installation of technology beyond the 

vessel owner/operator’s control, that delays the technology being available and installed in time 

to comply with this standard; (2) the unavailability of supply is the only reason the January 1, 

2013 date cannot be met; and (3) the vessel has exhausted all other options to comply with this 

standard. Any extension request must be made no later than June 30, 2011, and the extension 

request shall indicate when the vessel will come into compliance with this deadline. 

4. Effective January 1, 2012, any vessel covered under the VGP that operates in New York 

waters may not discharge treated or untreated graywater into New York waters within 3 nautical 

miles of shoreline, or within Long Island Sound or New York Harbor. This limit is in effect 

regardless of a vessel’s traveling speed. 

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No extensions will be made to this implementation date, unless an entity covered under the 

permit makes a request for an extension to the Department and can provide sufficient 

justification for such a request. Any such extension request shall state and demonstrate that: (1) 

there is a shortage in supply of the technology necessary to meet the limits set forth in this 

certification, or a vessel-specific engineering constraint or other factor related to the availability 

and installation of technology beyond the vessel owner/operator’s control, that delays the 

technology being available and installed in time to comply with this standard; (2) the 

unavailability of supply or installation constraint is the only reason the January 1, 2012 date 

cannot be met; and (3) the vessel has exhausted all other options to comply with this standard. 

Any extension request must be made no later than June 30, 2010, and the extension request shall 

indicate when the vessel will come into compliance with this deadline. 

5. Effective January 1, 2012, any vessel covered under the VGP that operates in New York 

waters may not discharge treated or untreated bilge water into New York Waters. 

This condition does not apply to the discharge of bilge water if the master of the vessel 

determines that compliance with this condition would threaten the safety or stability of the 

vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other 

relevant condition. 

No extensions will be made to this implementation date, unless an entity covered under the 

permit makes a request for an extension to the Department and can provide sufficient 

justification for such a request. Any such extension request shall state and demonstrate that: (1) 

there is a shortage in supply of the technology necessary to meet the limits set 

forth in this certification, or a vessel-specific engineering constraint or other factor related to the 

availability and installation of technology beyond the vessel owner/operator’s control, that delays 

the technology being available and installed in time to comply with this standard; (2) the 

unavailability of supply or installation constraint is the only reason the January 1, 2012 date 

cannot be met; and (3) the vessel has exhausted all other options to comply with this standard. 

Any extension request must be made no later than June 30, 2010, and the extension request shall 

indicate when the vessel will come into compliance with this deadline. 

6. Pursuant to the Clean Water Act, the inclusion of a state water quality certification 

requirement in the draft VGP appropriately preserves the lawful authority of the individual States 

to implement more protective ballast water pollution controls as part of the EPA general permit 

within their respective waters. Pursuant to the Clean Water Act, the States also have the authority 

to adopt more stringent ballast water requirements than currently proposed under the draft VGP. 

As part of New York’s certification of the draft VGP, DEC finds that the additional discharge 

standards set forth as conditions in this certification letter are necessary to reduce the 

unintentional discharge of invasive species, disease organisms and other pollutants that have the 

potential to disrupt the ecological balance of New York’s waters and negatively impact the fish 

and wildlife resources of the State, as well as other states, and to comply with the requirements 

of federal and State law, including State water quality standards. 

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The additional discharge standards set forth as conditions in this certification letter are necessary 

for the following reasons. First, there is overwhelming evidence that water quality, including 

fish, shellfish, and wildlife propagation and survival, has been impaired in recent decades in New 

York’s waters by invasive species. Second, there is evidence that direct discharge of invasive 

species into New York waters is not a necessary condition for impairment by invasive species; 

discharges into adjacent, connected waters have severely impaired New York waters for their 

best usage such as fish, shellfish, and wildlife propagation and survival. Third, the above points 

provide a reasonable basis for inferring that water quality will be further impaired by additional, 

future introductions of invasive species and that impairments to New York’s water quality will 

be caused by discharges of such species to adjacent, connected waters. 

The ability of various invasive species to spread into adjacent, connected waters is well known. 

The zebra mussel is a prime example. This mussel, introduced in or near Lake St. Clair where it 

was discovered in 1988,8

 quickly spread into New York waters and throughout the Great Lakes 

and beyond. The rapid spread of the zebra mussel during the past twenty years can be seen, for 

example, on a series of maps available on the website of Sea Grant’s National Aquatic Nuisance 

Species Clearinghouse.9

 As another example, the round goby was introduced into the St. Clair 

River in 1990, “probably via contaminated ballast water of transoceanic ships.”10 Following this 

discharge in adjacent, connected waters, the round goby has moved into New York waters and 

contributed to the impairment of these waters for their best usage such as fish, shellfish, and 

wildlife propagation and survival.11 Round gobies “have shown a rapid range of expansion 

through the Great Lakes”12 and have been found in the upper St. Lawrence River and the lower 

Genesee River, among other New York waters.13 Yet another example is the spiny water flea, 

“first found in Lake Huron in 1984 – probably imported in the ballast water of a trans-oceanic 

freighter. Since then, populations have exploded and the animal can now be found throughout the 

Great Lakes and in some inland lakes,”14 including New York waters. 

As recognized by EPA,15 the predominant pathway for aquatic invasive species entry into 

8

 NOAA, National Center for Research on Aquatic Invasive Species, Great Lakes Aquatic Nonindigenous 

Species List (www.glerl.noaa.gov/res/Programs/ncrais/great_lakes_list.html). 9

 New York Sea Grant, National Aquatic Nuisance Species Clearinghouse (www.aquaticinvaders.org). 10 Great Lakes Information Network, “Goby in the Great Lakes Region” (www.great-lakes.net/envt/flora-fauna/
 

invasive/goby.html). 11 U.S. Geological Survey, Nonindigenous Aquatic Species (NAS) Program, Species Fact Sheet, 

“Apollonia (Neogobius) melanostomus (Pallas 1814); Common Name: round goby,” 

(http://nas.er.usgs.gov/queries/FactSheet.asp?speciesID=713); M. Walsh et al., Occurrence and Food Habits of the 

Round Goby in the Profundal Zone of Southwestern Lake Ontario, 33 J. of Great Lakes Research 83 (2007).

12 U.S. Geological Survey, Species Fact Sheet, op. cit..
 13 U.S. Geological Survey, Nonindigenous Aquatic Species (NAS) Program 

(http://nas.er.usgs.gov/AlertSystem/default.asp), NAS Alert System results for New York.
 14 Great Lakes Information Network, “Spiny Water Flea in the Great Lakes Region” (www.greatlakes.net/envt/flora-fauna/invasive/spinyflea.html).; DEC, Spiny Flea Confirmed in First “Inland” Water
 

(October 30, 2008). 

15 EPA, Aquatic Nuisance Species in Ballast Water Discharges: Issues and Options, 4, 6 (September 10, 

2001), identified at 66 Fed. Reg. 49381 (September 27, 2001). 

10 E. Mills, et al., Exotic Species in the Great Lakes: A History of Biotic Crises and Anthropogenic 

Introductions, 19 J. of Great Lakes Research 1 (1993). 

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the Great Lakes is the ballast water of oceangoing ships.16 Invasive species introduced into the 

Great Lakes from vessels’ untreated ballast water discharges have created serious, damaging 

impacts that threaten the resource’s ecological and economic health.17 

Because the Great Lakes contain fresh water, some of the most damaging ballast water- induced 

species are native to other fresh or brackish waters, particularly those in the 

Ponto-Caspian region (the Black, Caspian and Azov Seas).18 These Ponto-Caspian invaders are 

now abundant in European waters used extensively by ships destined for the 

Great Lakes, and their continued invasion into the Lakes is considered highly probable.19 

Such invasive species have competed with, preyed upon and otherwise altered the Great 

Lakes’ environment, resulting in population declines and compromised species viability of the 

region’s native plants, fish and wildlife.20 They have harmed the region’s commercial and 

recreational fishing industries and damaged its public water and energy generating 

infrastructure.21 The insidious effects of these species have been costly to deal with and show no 

signs of dissipating. The harm caused by exotic nuisance species such as the zebra mussel, round 

goby, and spiny water flea in the Great Lakes is widespread. 

For example, large zebra mussel populations reduce food and oxygen for native fauna, and have 

been observed completely covering native mussels and snails, threatening their survival.22 The 

zebra mussel readily attaches to submerged hard surfaces including rocky shoals, water intake 

pipes and docks, forming dense layered colonies that have approached one million mussels per 

square meter.23 Power companies and others must repeatedly remove mats of these mussels from 

their infrastructure. In addition, selective feeding by zebra mussels has been implicated in 

recurring nuisance algae blooms in the Great Lakes, causing taste and odor problems and 

increased treatment costs for municipal water supplies.24 Congress estimates that the economic 

disruption to communities, just from the zebra mussel, has already cost billions of dollars.25 The 

round goby, an invader from the Black and Caspian Seas, feeds on mollusks, crustaceans, and 

lake trout eggs and fry, injuring Great Lakes native species through competition for food and 

predation.26 

16 E. Mills, et al., Exotic Species in the Great Lakes: A History of Biotic Crises and Anthropogenic Introductions, 10 

J. of Great Lakes Research 1 (1993). 

17 16 U.S.C. §4701(a)
 18 A. Ricciardi and H. MacIsaac, Recent Mass Invasion of the North American Great Lakes by Ponto-Caspian 

Species, 15 Trends in Ecology and Evolution 62 (2000). 

19 Id. 

20 16 U.S.C. §4701(a). 21 Id. 

22 U.S. Dept. of the Interior, National Biological Survey, A. Benson, et al., “Invasion of the Zebra Mussel into the 

United States,” Our Living Resources: A Report to the Nation on the Distribution, Abundance, and Health of U.S.
 

Plants, Animals and Ecosystems, 445-46 (1995). 

23 Id.; D. Pimentel, et al., Environmental and Economic Costs of Non-Indigenous Species in the 

United States, 50 Bioscience 53, 58 (2000). 

24 National Oceanic and Atmospheric Administration, Great Lakes Environmental Research Laboratory, 

Aquatic Invasive Species (AIS) and the Great Lakes: Simple Questions, Complex Answers, (September 

2002). 

25 16 U.S.C. §4701(a)(4).
 26 M.L. Corn et al., “Invasive Non-Native Species: Background and Issues for Congress,” Congressional 

Research Service, Report for Congress, RL30123 (updated November 25, 2002); Michigan Dept. of 

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Another exotic invader from the Black and Caspian Seas, the spiny water flea, rarely more than a 

centimeter in length, competes with newly hatched Great Lakes native fish populations by 

feeding on zooplankton. The sharp spines characteristic of the spiny water flea prevent most 

small fish from swallowing it, thereby allowing this invader to reach a disproportionate 

population abundance.27 

Since 2000, significant mortality of lake sturgeon, Common Loon, Red-breasted Merganser, and 

other fish and waterbirds have been documented on Lake Erie. More recently, since 2002, 

similar mortality events have been noted, with increasing regularity, distribution and magnitude 

on Lake Ontario. Over the last three years Caspian Tern, and several other waterbird species, 

have been impacted. Nonnative invasive species, the 

quagga mussel and round goby, appear to be the biological transport mechanism bringing deadly 

Type E botulism toxin from the benthic environment to within foraging range of nesting and 

migrating waterbirds.28 

Aquatic invasive species also pose a serious threat to the ecological health and biodiversity of 

native ecosystems of Long Island Sound and can affect the economic interests and public health 

of residents. To date, more than 50 non-native and 40 cryptogenic species have been identified in 

Long Island Sound.29 The Asian shore crab, believed to have been introduced via ballast water 

discharge, was first found in the U.S. in 1988 in southern New Jersey and is now found from 

Maine to North Carolina.30 The Asian shore crab arrived in New York Harbor and Long Island 

Sound in 1994 or 1995, and has since become the dominant crab in the intertidal zone in these 

areas, reaching densities greater than 300 per square meter in western Long Island Sound and 

causing population declines of native crabs such as common mud crab, green crab, and Atlantic 

rock crab. Atlantic rock crab has not been found since 1998, green crab densities have decreased 

50% from 1998 to 2001, and common mud crab densities are down 96%. Overall, the diversity 

of the intertidal crab community in portions of western Long Island 

Sound have dropped greatly since 1998.31 

In the Hudson River basin, at least 113 nonindigenous species have established populations.32 

Most came from Eurasia or the Mississippi-Great Lakes basin, and some are ballast-water 

invaders, many of which cause large economic damage and irreversible ecological changes. The 

best-known of these is the zebra mussel, which appeared in the Hudson in 1991 following 

Natural Resources, Annual Report, State of the Great Lakes, 32 (1993). 27 Corn et al., op. cit.; Michigan Dept. of Natural Resources, op. cit. 

28 K. Roblee, W. Stone and D. Adams, “Waterbird Mortality as a Result of Type E Botulism in Lake Erie 

and Lake Ontario,” Northeast Natural History Conference IX, New York State Museum, Albany, NY 

(2006). 

29 Balcom, Nancy. 2007. Long Island Sound Interstate Aquatic Invasive Species Management Plan. New 

England Interstate Water Pollution Control Commission, US Environmental Protection Agency, Long 

Island Sound Study, State of Connecticut and New York State. 

30 Science Daily, Japanese Shore Crabs Invade Penobscot Bay, Maine, 

http://www.sciencedaily.com/releases/2002/07/020719073146.htm (July 19, 2002).
 31 Long Island Sound Study, 2001 Fall Update, 

http://www.longislandsoundstudy.net/pubs/news/fall01txt.htm. 32 Mills, E., M. Scheuerell, D. Strayer and J. Carlton. 1996. Exotic Species in the Hudson River Basin: A 

History of Invasions and Introductions. 18 Estuaries 814-823. 

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introduction to the Great Lakes via ballast water. Zebra mussels now constitute more than half of 

consumer biomass in the river, and have completely altered the river’s ecosystem by consuming 

80% of the plankton in the river,33 causing large declines in valuable open-water fish species 

such as American shad34 and the destruction of hundreds of millions of native bivalves.35 

Economic costs of the zebra mussel invasion to water intakes alone have been estimated at $267 

million in North America36 and in the range of $100,000-$1,000,000 per year in the Hudson 

River alone.37 

Other invaders that are thought to have arrived in ballast water have caused large ecological 

changes in the Hudson River; these include the Asian shore crab, now very common along the 

lower Hudson, where it displaces native crabs, the wedge rangia (Rangia cuneata), which 

dominates the waters of the lower Hudson, and the Chinese mitten crab, which appeared in 

numbers in the Hudson for the first time in 2008, and which has the potential to damage 

infrastructure (levees and embankments) as well as harm native populations of plants and 

shellfish.38 Many other species now traveling around the world in ballast water (e.g., the golden 

mussel Limnoperna fortunei, the amphipod Corophium curvispinum, and the ruffe 

Gymnocephalus cernuus) would be able to survive and prosper in the Hudson, where they could 

contribute to further economic and ecological damage.39 

Less stringent conditions than those set forth in this certification letter are not sufficient to 

prevent the impairment of New York’s waters for their best usage such as fish, shellfish, and 

wildlife propagation and survival for the following reasons. As stated in a recent California 

report on ballast water standards, “Reports submitted as part of the IMO 

Convention suggest that the standards adopted by IMO would only be a marginal improvement 

on current management practices of ballast water exchange for the largest organisms (>50 μm) 

and may be similar to unmanaged ballast water for the smaller organisms (<50 μm) (Table V-1, 

MEPC 49/2/12003) (Section VII ‘Scientific Considerations’).”40 These IMO standards – 

33 Strayer, D.L., N.F. Caraco, J.J. Cole, S. Findlay, and M.L. Pace. 1999. Transformation of freshwater
 

ecosystems by bivalves: a case study of zebra mussels in the Hudson River. 49 BioScience 19-27. 34 Strayer, D.L., K. Hattala, and A. Kahnle. 2004. Effects of an invasive bivalve (Dreissena polymorpha) 

on fish populations in the Hudson River estuary. 61 Canadian Journal of Fisheries and Aquatic Sciences
 

924-941. 

35 Strayer, D.L., and H.M. Malcom. 2007. Effects of zebra mussels (Dreissena polymorpha) on native 

bivalves: the beginning of the end or the end of the beginning? Journal of the North American 

Benthological Society 26: 111-122. 

36 Connelly, N.A.; O’Neill, C.R.; Knuth, B.A. and Brown, T.L. 2007. Economic impacts of zebra 

mussels on drinking water treatment and electric power generation facilities. 40 Environ. Mgmt. 105-112. 37 Strayer, D.L. 2006. Alien species in the Hudson River, pp. 296-310 in: J.S. Levinton and J.R.
 

Waldman (eds.). The Hudson River estuary. Cambridge University Press. 38 Id.; MacDonald, J.A., R. Roudez, T. Glover, and J.S. Weis, 2007, The invasive green crab and Japanese
 

shore crab: behavioral interactions with a native crab species, the blue crab. 9 Biological Invasions 837­

848; NOBANIS, 2008, Invasive species fact sheet. Eriocheir sinensis. 

http://www.nobanis.org/files/factsheets/Eriocheir_sinensis.pdf. 39 Ricciardi, A., 1998, Global range expansion of the Asian mussel Limnoperna fortunei (Dunker, 1857)
 

(Bivalvia: Mytilidae): another fouling threat to freshwater systems, 13 Biofouling 97-106; Ricciardi, A., 

and J.B. Rasmussen, 1998, Predicting the identity of future biological invaders: a priority for aquatic 

resource management, 55 Canadian Journal of Fisheries and Aquatic Sciences 1759-1765. 

40 M. Falkner et al., “California State Lands Commission Report on Performance Standards for Ballast
 

Water Discharges in California Waters,” California State Lands Commission, Marine Facilities Division, 

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considered to be no more than a marginal improvement over the practice of ballast water 

exchange – are not included in this certification. The IMO standards are concentration-based, 

which is beneficial, yet they are not sufficiently protective. More stringent concentration-based 

standards are needed to protect New York’s waters and are specified as conditions in this 

certification. 

In general, concentration-based numerical discharge standards are needed as a replacement for 

ballast water exchange because the results of ballast water exchange are so highly variable41 and 

therefore unprotective as an ongoing permit condition. As stated in the California report, 

“Concentration based standards...would specify a specific concentration of organisms that could 

be discharged following treatment, regardless of source port concentrations.... Concentration 

based standards allow for the consideration of both a protection level to reduce risk, as well as 

technical consistency, such as detection limits.”42 Both New York and California routinely use 

concentration-based standards for protection of water and air quality. 

The State of California recently promulgated relatively stringent concentration-based standards43 

that “encompass several...desirable characteristics: they are significantly better than ballast water 

exchange, they are in-line with the best professional judgment from the scientific experts 

participating in the IMO Convention, and they do approach a protective zero discharge 

standard.”44 These standards are based primarily on recommendations made by U.S. government 

representatives participating in the IMO Convention45 and were subsequently recommended by 

the California Performance Standards Advisory Panel in its Majority Report.46 The standards, 

considered to be approximately a 1000-fold improvement over ballast water exchange,47 provide 

a reasonable basis for protection of New York waters and are adopted as a condition (Condition 

#3) for new ships constructed after January 1, 2013 that operate in New York waters. New York 

finds that the standards set forth in Condition #3 are needed to prevent impairment of waters for 

their best usage and are thus needed to comply with the New York State statutes and regulations 

set forth above. In accordance with 40 CFR 124.53 (e)(3), this condition cannot be made less 

stringent and still comply with State water quality standards. 

New York has set a reasonable compliance schedule for ships operating in New York waters and 

has allowed an additional year or more beyond the California implementation schedule. This 

additional time is intended to alleviate possible congestion problems for shipyards or possible 

supply problems for equipment vendors that might occur if simultaneous compliance were 

required in New York and California. 

January 2006, at 34. 

41 Id., esp. Fig. VII-1 at 18. 

42 Id. at 16. 

43 California Title 2, Division 3, Chapter 1, Article 4.7, Performance Standards for the Discharge of
 

Ballast Water For Vessels Operating in California Waters (2007). 

44 M. Falkner et al., op. cit., at 36-37. 

45 Id. at 19; Submission by the United States to IMO on Ballast Water Discharge Standards, Regulation
 

D-2, document BWM/CONF/14 (2004). 

46 M. Falkner et al., op. cit., at 32; Report and Recommendations of the California Advisory Panel on 

Ballast Water Performance Standards, October 2005. 

47 M. Falkner et al., op. cit., at 19. 

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Other standards, considered to be approximately a 100-fold improvement over ballast water 

exchange, are adopted as a condition that must be met by all ships covered by the VGP that 

operate in New York waters after January 1, 2012. These standards are based partly on 

recommendations made by the International Study Group on Ballast Water and Other Ship 

Vectors48 and partly on the widely discussed numeric limits proposed in the recent House of 

Representatives bill #H.R. 2830. The standards, which provide a reasonable basis for protection 

of New York waters and are implemented on a reasonable compliance schedule, are adopted as 

Condition #2 in this certification. New York finds that the standards set forth in Condition #2 are 

needed to prevent impairment of waters for their best usage and are thus needed to comply with 

the New York State statutes and regulations set forth above. In accordance with 40 CFR 124.53 

(e)(3), this condition cannot be made less stringent and still comply with State water quality 

standards. 

It should be noted that this certification is only effective for the next five years. Since some 

period of time is required to allow vessels to install the technology needed to meet the conditions 

of this certification, the Department has sought to provide reasonable notice and time allowance. 

It is the Department’s intention to apply the relatively stringent standards set forth in Condition 

#3 to all ships operating in New York waters in the next water quality certification to be filed 

after the expiration of this one. 

Ballast water exchange or flushing, as already required by the VGP for many vessels, is widely 

recognized as a beneficial but imperfect way to reduce invasive species introductions in ballast 

water discharges. Condition #1 extends the requirement of exchange or flushing to certain other 

vessels that enter New York waters on coastal voyages, thereby reducing the likelihood of 

invasions from other coastal waters such as Chesapeake Bay. New York finds that the standards 

set forth in Condition #1 are needed to prevent impairment of waters for their best usage and are 

thus needed to comply with the New York State statutes and regulations set forth above. In 

accordance with 40 CFR 124.53 (e)(3), this condition cannot be made less stringent and still 

comply with State water quality standards. 

Condition #4 and Condition #5 restrict discharges of bilge water and graywater in order to 

protect New York’s coastal waters from contaminants, nutrients, and bacterial and viral agents. 

New York finds that the standards set forth in Condition #4 and Condition #5 are needed to 

prevent impairment of waters for their best usage and are thus needed to comply with the New 

York State statutes and regulations set forth above. In accordance with 40 CFR 124.53 (e)(3), 

these conditions cannot be made less stringent and still comply with State water quality 

standards. It should be noted that the discharge of sewage is not covered by either this 

certification or the VGP because sewage discharge is governed by the Marine Sanitation Devices 

requirements of the Clean Water Act, 33 U.S.C. 1322. 

6.23 Ohio: 

Ohio certified the VGP with the following additional permit conditions: 

I. WATER QUALITY STANDARDS AND IMPACTS 

48 Id. 

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a.	 Ohio Narrative Water Quality Standards and Nuisance Species: 

Ohio Water Quality Standards (WQS) contain narrative conditions to prohibit nuisance 

conditions in waters of the state. The specific standard states that “To every extent 

practical and possible as determined by the director, these waters shall be ... Free from 

materials entering the waters as a result of human activity producing color, odor or other 

conditions in such a degree as to create a nuisance;” [Ohio Administrative Code 3745-1­

04(C)]. 

In this rule, the term materials is not defined or limited; Ohio considers that this condition 

applies to non-indigenous nuisance species. The federal NPDES permit does not 

adequately prevent the introduction of new non-indigenous species. 

b.	 Ohio Narrative Water Quality Standards for Toxicity: 

The narrative WQS also contain a provision prohibiting toxicity: “To every extent 

practical and possible as defined by the director, these waters shall be....Free from 

substances entering the waters as a result of human activity in concentrations that are 

toxic or harmful to human, animal or aquatic life and/or are rapidly lethal in the mixing 

zone;” [Ohio Administrative Code 3745-1-04(D)]. 

The Federal NPDES permit requirement for salt water ballast exchange means that ballast 

water discharges to fresh water will contain large concentrations of dissolved solids; 

these solids have the potential to be toxic to fresh water aquatic life, and discharges must 

meet the narrative toxicity standard. 

c.	 Chlorine Limits, Biocides and Experimental Ballast Water Treatment: 

The discharge limits for residual chlorine do not meet Ohio WQS for continuous 

discharges. The federal NPDES permit’s total residual chlorine discharge standard is 100 

ug/l for discharges from experimental ballst water treatment systems. This limit meets 

Ohio WQS for 2 hour/day discharges, but does not meet WQS for continuous discharges. 

Ohio has used its authority to establish site-specific WQS to establish a separate insidemixing-zone maximum criterion for short-term exposures to chlorine (less than 2 

hours/day). This criterion for exposures less than 2 hours/day is 200 ug/l; the otherwise 

applicable criterion is 38 ug/l. [OAC 3745-1-35 and -36] 

Discharges of other biocides must meet the narrative water quality standard for toxicity 

noted above. [OAC 3745-1-04(D)]. 

II. SPECIFIC CONDITIONS 

a.	 Ballast Water Controls 

Given the number of invasive species already in the Great Lakes, the number of recent 

introductions, and the likelihood of increased ship traffic, the existing program of ballast 

water control is not effective in preventing the introduction of invasive non-native 

organisms, and therefore does not meet Ohio’s narrative WQS. A system of ballast water 

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treatment would reduce the number of live organisms in ballast water, and is the most 

effective approach to meeting the nuisance WQS. [OAC 3745-1-04(C)] 

Treatment systems to reduce the number of live organisms discharged in ballast water exist 

and are continuing to be developed. These treatment systems are intended to kill and/or 

filter all organisms from ballast water so that they are not discharged. Several of the 

treatment systems being designed to meet the discharge standards of the International 

Maritime Organization (IMO) can remove a large percentage, if not all, organisms. Ohio 

EPA is certifying IMO standards because they are the most widely accepted and tested 

standards in the world. These treatment systems shall be operated to maximize the 

destruction and/or removal of organisms in the ballast water, with the object of discharging 

no viable organisms. 

Ohio EPA believes that the IMO certification is sufficient demonstration that these 

treatment standards are “practical and possible” methods for meeting ballast water 

treatment standards for ocean-going ships. More restrictive standards proposed or adopted 

by certain other states (such as California and New York) have not been demonstrated to be 

“practical and possible”, and can not be applied at this time. 

Ohio EPA also believes that there are reasons to treat existing vessels that operate 

exclusively within the Great Lakes differently than those that operate outside the Lakes. 

The effluent flows of ballast water are larger than ocean-going vessels, are discharged more 

rapidly than the ballast water of ocean-going vessels, and space for treatment equipment is 

limited on existing lake vessels. These factors affect the practicability of treatment. Ohio 

EPA believes that IMO treatment standards is not “practical and possible” at this time for 

existing vessels operating exclusively within the Great Lakes; 

These factors may or may not apply to new vessels in the Great Lakes. Ohio EPA is 

extending the schedule for treatment on new Great Lakes-only vessels to gain extra time to 

evaluate these discharges for treatment. The schedule for these new vessels is given below. 

The treatment standards in Table A apply to vessels operating exclusively in the Great 

Lakes, launched after January 1, 2016. 

Discharges of ballast water from vessels that operate outside of the Great Lakes must meet 

an International Maritime Organization-certified treatment standard according to the 

following schedule: 

For vessels launched prior to January 1, 2012, and meeting the applicability criteria in the 

federal NPDES permit, treatment shall be installed and operational to meet the performance 

standards for organisms included in Table A by January 1, 2016. 

For vessels launched after January 1, 2012, and meeting the applicability criteria in the 

federal NPDES permit, treatment shall be installed and operational to meet the performance 

standards for organisms included in Table A prior to commencement of vessel operation in 

Ohio State waters of Lake Erie. 

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Table A Biological Performance Standards for Ballast Water Treatment Technology 

Parameter Limit Limit Type Sample Type 

Organisms >50 microns in 

minimum dimension 

<10 viable /m3 Daily average Composite 

Organisms 10-50 microns in 

minimum dimension 

<10 viable / ml Daily average Composite 

Escherichia coliform <250 cfu / 100 ml Daily average Composite 

Intestinal enterococci <100 cfu / 100 ml Daily average Composite 

Note 1- Analysis required by the above table shall be performed consistent with the 

protocols currently being validated by the EPA Environmental Technology Verification 

Program (EPA/U.S. Coast Guard/Naval Research Laboratory) and/or the following Great 

Ships Initiative protocols: 

•	 Procedure for Algae/Small Protozoan Sample Analysis, Procedure for 

Zooplankton Sample Analysis, Procedure for the Detection and 

•	 Enumeration of Enterococci by Membrane Filtration, Procedure for Microbial 

Analysis using the Heterotrophic Plate Count Method, and 

•	 Procedure for the Detection and Enumeration of E. coli by Membrane Filtration 

available online at http://www.nemw.org/GSI/protocols.htm 

“Composite” sample type is a combination of individual grab samples taken at periodic 

intervals over the specified time period. Either samples taken at equal time intervals shall 

be combined using a volume of each sample that is proportional to the flow that sample 

represents, or equal volume samples shall be combined that are taken at intervals of equal 

flow volumes. 

“Viable organism” means organisms that are living and able to reproduce. 

Until these standards are effective, all vessels shall meet the Best Management Practices 

(BMP) requirements of the federal NPDES Permit, including the salt water ballast 

exchange or salt water flushing requirements for ocean-going vessels. 

In addition to the discharge standards in Table A, discharges of any biocide or toxic 

chemical shall not be toxic to organisms in ambient waters, or rapidly lethal within the 

mixing zone [OAC 3745-1-04(D)]: 

If the federal government adopts treatment standards more stringent than IMO, then those 

standards shall replace the above treatment standards for new treatment systems installed 

after the date those Federal standards go into effect. 

The Director will evaluate treatment standards equivalent to IMO or more restrictive 

standards for all vessel classes covered by the federal general permit (including both 

ocean-going vessels and vessels that operate only in the Great Lakes) when he issues the 

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next certification on this permit. The decision to require IMO or more restrictive 

treatment standards will be based on treatment system availability and costs, and other 

considerations required by law. 

b.	 Salt Water Discharges 

It is likely that discharges of ballasted sea water will not meet the toxicity narrative water 

quality standard if discharge in the relatively shallow water of Ohio’s Lake Erie ports, due 

to the dissolved solids levels in sea water. Discharges in the open waters of the Lake 

minimize the risk of toxicity, and will allow the standard to be met. In order to prevent 

toxicity to ambient organisms or rapidly lethal conditions, discharges of ballasted sea water 

within the breakwalls of Ohio’s Lake Erie Ports is prohibited. 

c.	 Ballast Treatment - Chlorine Discharge Limits 

For experimental ballast water treatment systems using chlorine, discharges must meet a 

maximum chlorine limit of 38 micrograms per liter (ug/l) if the discharge lasts for more 

than 2 hours/day; the limit is 200 ug/l if the discharge is 2 hours/day or less. [OAC 3745-1­

07 (inside-mixing-zone maximum water quality standards, definition and applicability), 

OAC 3745-1-35, (site-specific WQS, exposure time-based criteria), OAC 3745-1-36 

(aquatic life criteria calculation procedures, equivalency of IMZM with FAV criteria), 

OAC 3745-2-05(B)(3) (maximum limits for discharges to lakes)] These standards apply to 

all ballast water treatments – both experimental and those treatments installed to meet IMO 

standards. 

Ohio EPA acknowledges that the limit of 38 ug/l is less than the Ohio EPA practical 

quantification level for residual chlorine analysis (50 ug/l). Analyses less than or equal to 

50 ug/l are judged to be in compliance with this certification. 

d.	 Ballast Treatment- Other Biocides
 

Biocides other than chlorine used in ballast water treatment must meet Ohio’s narrative 

toxicity water quality standard. To meet the ‘no rapidly lethal conditions’ narrative, 

discharges of all biocides must meet inside-mixing zone water quality standards (Final 

Acute Values) as determined by the OAC Rule 3745-1-36 [Great Lakes Initiative rule 

procedures]. The discharge of organic quaternary ammonium compounds is prohibited. 

6.24 Pennsylvania: 

Pennsylvania certified the VGP with the following additional permit conditions: 

This certification shall expire five years after the date of issuance of the EPA’s VGP. However, 

the Department reserves the right to amend, modify or withdraw certification of the VGP in 

order to protect the waters of the Commonwealth or if for any reason further changes to the draft 

VGP are made upon issuance of the final VGP. Furthermore, the Department reserves the right 

to modify this Certification to require vessels covered by the VGP to install and operate ballast 

water treatment systems to prevent the discharge of aquatic nuisance species to Pennsylvania 

waters provided a determination is made by the Department that such ballast water treatment 

systems are necessary, available and cost effective. 

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The issuance of the Certification does not authorize violation of any federal, state and local laws 

or regulations, nor does it rule out the necessity of obtaining applicable permits, including any 

other Department permits, or approvals from other units of government as may be required by 

law. 

Certification Conditions for the VGP 

1.	 The operator of any vessel covered under the VGP whose voyage originates from within 

the United States exclusive economic zone and enters Pennsylvania waters with ballast 

on board, shall conduct ballast water exchange at least 50 nautical miles from shore and 

in water of at least 200 meters in depth. Such vessels that carry only residual amounts of 

ballast water and/or sediments shall conduct saltwater flushing of their ballast tanks at 

least 50 nautical miles from shore and in water of at least 200 meters in depth. 

Ballast water exchange is defined as at least one empty and refill cycle of each ballast 

tank of a vessel that contains ballast water, resulting in a salinity level or at least 30 parts 

per thousand (ppt). If the master of a vessel determines that such exchange is 

impracticable, a sufficient number of flow-through exchanges of ballast water may be 

conducted to achieve replacement of at least 95 percent ballast water in ballast tanks of 

the vessel, resulting in a salinity level of at least 30 ppt. 

All vessels entering Pennsylvania waters must maintain a salinity level in each tank 

onboard the vessel of at least 30 ppt. 

This condition does not apply to vessels: 

(i)	 that operate exclusive in the Great Lakes, or 

(ii)	 operate exclusively within waters of Pennsylvania, or 

(iii)	 enter Pennsylvania waters from ports of call on the Delaware River within the 

States of New Jersey and Delaware, provided that the vessel has met the 

requirements of this condition prior to entering waters of Pennsylvania, or 

(iv)	 have met the requirements of Condition No. 2, or 

(v)	 that carry only permanent ballast water, all of which is in sealed tanks that are not 

subject to discharge, 

(vi)	 of the Armed Forces, or 

(vii)	 of the National Defense Reserve Fleet. 

This condition does not apply to the discharge of ballast water if the master of the vessel 

reasonably determines that compliance with this condition would threaten the safety or 

stability of the vessel, its crew, or its passengers because of adverse weather, equipment 

failure, or any other relevant condition. If the operator of a vessel is unable to conduct 

ballast water exchange or flushing as specified due to serious safety concerns as stated 

above, the operator of any such vessel with ballast on board shall take reasonable 

measures to avoid discharge of organisms in ballast water and shall inform the 

Department and EPA in writing of the measures taken 

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2.	 By no later than January 1, 2016, each vessel covered under the VGP that operates in 

Pennsylvania waters and is constructed prior to January 1, 2012 shall have a ballast water 

treatment system that meets the following IMO standards, subject to the exceptions listed 

below. 

(A) Standard for organisms 50 or more micrometers in minimum dimension: Any 

ballast water discharged shall contain less than 10 viable organisms per cubic 

meter. 

(B) Standard for organisms less than 50 micrometers in minimum dimension and 10 

or more micrometers in minimum dimension: Any ballast water discharged shall 

contain less than 10 viable organisms per milliliter. 

(C) Standards for indicator microbes: 

i.	 Any ballast water discharged shall contain less than 1 colony-forming unit 

(cfu) of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 

milliliters or less than 1 colony-forming unit of that microbe per gram of 

wet weight of zoological samples; 

ii.	 Any ballast water discharged shall contain less than 250 colony-forming 

units of Escherichia coli per 100 milliliters; and 

iii.	 Any ballast water discharged shall contain less than 100 colony-forming 

units of intestinal enterococci per 100 milliliters. 

(D) This condition does not apply to vessels: 

i.	 Operating exclusively within waters of Pennsylvania, or 

ii.	 That carry only permanent ballast water, all of which is in sealed thanks 

that are not subject to discharge, or 

iii.	 Of the Armed Forces, or 

iv.	 Of the national Defense Reserve Fleet, or 

v.	 Operating exclusively within Lake Erie. 

If compliance with this condition can’t be achieved immediately, the permittee may 

request an extension from the Department and EPA within six months of the issuance of 

the VGP to comply with this condition. The request shall provide written justification for 

an extension and shall demonstrate there is a shortage in supply of technology necessary 

to meet the limits set forth in this certification, or indicate a vessel specific engineering 

constraint that must be addressed, or demonstrate another factor related to the availability 

and installation of technology and parts is beyond the vessel owner/operator’s control, or 

provide reasoning for a delay in the technology being available and installed in time to 

comply with this condition. 

3.	 Each vessel covered under the VGP that operates in Pennsylvania waters and is 

constructed after January 1, 2012 shall have a ballast water treatment system that meets 

the following standards, subject to the exceptions listed below. 

(A) Standard for organisms 50 or more micrometers in minimum dimension: Any 

ballast water discharged shall no detectable living organisms. 

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(B) Standard for organisms less than 50 micrometers in minimum dimension and 10 

or more micrometers in minimum dimension: Any ballast water discharged shall 

contain less than .01 viable organisms per milliliter. 

(C) Standards for indicator microbes: 

i.	 Any ballast water discharged shall contain less than 1 colony-forming unit 

(cfu) of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 

milliliters or less than 1 colony-forming unit of that microbe per gram of 

wet weight of zoological samples; 

ii.	 Any ballast water discharged shall contain less than 126 colony-forming 

units of Escherichia coli per 100 milliliters; and 

iii.	 Any ballast water discharged shall contain less than 33 colony-forming 

units of intestinal enterococci per 100 milliliters. 

(D) Standards for bacteria: Any ballast water discharged shall contain less than 1,000 

bacteria per 100 milliliters. 

(E) Standards for viruses: Any ballast water discharged shall contain less than 10,000 

viruses per 100 milliliters. 

(F)	 This condition does not apply to vessels: 

i.	 Operating exclusively within waters of Pennsylvania, or 

ii.	 That carry only permanent ballast water, all of which is in sealed thanks 

that are not subject to discharge, or 

iii.	 Of the Armed Forces, or 

iv.	 Of the national Defense Reserve Fleet, or 

v.	 Operating exclusively within Lake Erie. 

If compliance with this condition can’t be achieved immediately, the permittee may request an 

extension from the Department and EPA within six months of the issuance of the VGP to comply 

with this condition. The request shall provide written justification for an extension and shall 

demonstrate there is a shortage in supply of technology necessary to meet the limits set forth in 

this certification, or indicate a vessel specific engineering constraint that must be addressed, or 

demonstrate another factor related to the availability and installation of technology and parts is 

beyond the vessel owner/operator’s control, or provide reasoning for a delay in the technology 

being available and installed in time to comply with this condition. 

4.	 The permittee may not discharge floating materials, oil, grease, scum, foam, sheen and 

substances which produce color, taste, turbidity or settle to form deposits in 

concentrations or amounts sufficient to be, or creating a danger of being, inimical to the 

water uses to be protected or to human, animal, plant or aquatic life. 

The conditions set forth in this certification letter are necessary to ensure compliance with the 

requirements of the Pennsylvania Clean Streams Law (35 P.S. §§ 691.1 – 691.1011) as well as to 

reduce water degradation, unintentional discharge of invasive species, nutrient loading, disease 

organisms and other pollutants discharged from vessels covered by the VGP that have the 

potential to disrupt the ecological balance of Pennsylvania’s waters and the Great Lakes and 

negatively impact the fish and wildlife resources of this Commonwealth. 

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6.25 Rhode Island: 

Rhode Island certified the VGP with the following additional permit conditions: 

1. In accordance with the Rhode Island Water Quality Regulations (including but not limited to 

Rule 17) and all other applicable laws and regulations, the Director may modify, suspend, or 

revoke, in whole or in part this water quality certification for a specific vessel that is authorized 

or is seeking authorization to discharge under the VGP. 

2. In accordance with the Rhode Island Water Quality Regulations (including but not limited to 

Rule 17) and all other applicable laws and regulations, the Director may modify, suspend, or 

revoke, in whole or in part this water quality certification for the VGP. 

3. Nutrient impaired waters shall be those referenced in the State's most current 303D list. 

4. A map identifying all nutrient impaired waters and biodiversity-impaired waters within the 

State of Rhode Island shall be included in all permits issued under this general permit. 

5. This Water Quality Certificate shall expire five (5) years from the date of issuance. 

6.26 Utah: 

Utah certified the VGP subject to the following additional permit conditions: 

The 2008 Utah Legislature passed the Aquatic Invasive Species Interdiction Act (S.B. 238) and 

subsequently the Utah Wildlife Board passed associated rule (R657-60, Aquatic Invasive 

Species Interdiction), both with a purpose to define procedures and regulations designed to 

prevent and control the spread of aquatic invasive species, particularly Dreissena mussels, 

within the State of Utah. The aforementioned act and rule establish a situation in Utah that is 

more restrictive than the Vessel General Permits. It is unlawful to possess or transport Dreissena 

mussels within the State of Utah. Additionally, all boats having been used anywhere within the 

last 30 days on a Dreissena mussel infested water, either marine or fresh, and subsequently 

launching on any waters in Utah must certify prior to launch that they have been properly 

decontaminated. Launch is denied until certification can be met. The only two accepted 

decontamination protocols in Utah as per Rule R657-60 are as follows: 

Do-it-yourself Decontamination 

•	 Clean all plants, fish, mussels and mud from boat or equipment before leaving water 

body area (discard unused bait in the trash where you fished); 

•	 Drain all water from boat (equipment storage areas, ballast tanks, bilge, livewells and 

motor) before leaving water body area; 

•	 Dry boat and equipment at home or at suitable storage area (7 days summer, 18 days 

spring and fall, and 30 days winter or expose boat and equipment to freezing conditions 

for a continuous 72 hour period) prior to another launch. 

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Professional Decontamination 

0 

• Use a professional to apply scalding water (140 Fahrenheit )to wash equipment, boat 

and trailer and to flush equipment storage areas, ballast tanks, bilge, livewells and 

motor or other raw water circulation systems. 

Either of the aforementioned decontamination protocols will kill aquatic invasive species either 

already inhabiting Utah or threatening to arrive, including adult, juvenile and microscopic life 

forms. 

In the State of Utah it is unlawful to discharge any volume of water, which is laden with viable 

aquatic invasive species, into any waters within the State of Utah. Thus, any discharge for any 

volume of ballast, bilge or other raw water suspected of harboring aquatic invasive species must 

0 

not occur unless it has been heated to at least 140 Fahrenheit. Since ballast and bilge waters 

frequently contain other undesirable materials (e.g. oil and grease, solvents and soaps, etc.), it is 

preferable that such water discharges be made onshore into an appropriate, approved wastewater 

treatment system. If there are any questions regarding these procedures related to the control of 

invasive aquatic species please contact the Utah Division of Wildlife Resources. 

Lake Powell has been designated as a "no discharge" waterbody by the National Park Service. 

As such, there will be no discharge of wastewater, treated or untreated, within the legal boundary 

of Lake Powell. 

6.27 Vermont: 

Vermont certified the VGP subject to the following additional permit conditions: 

1. This Certification is valid only for those activities that fully comply with all terms and 

conditions of the Vessel General Permit and all other state laws applicable to such 

discharges. The Department reserves the authority to enforce any violation of the 

Vermont Water Quality Standards that results from any discharge and to enforce all other 

state laws applicable to such discharges. 

2. Discharges that are not eligible for coverage under the Vessel General Permit and that 

require an individual permit must obtain an individual Water Quality Certification or 

waiver from the Department. 

3. This Water Quality Certification shall be valid until such time as the Vessel General 

Permit is modified, suspended, revoked or reissued. 

4. The issuance of this Certification does not authorize violation of any federal, state or 

local laws or regulations, nor does it obviate the necessity of obtaining such permits, 

including any Department permits, or approvals from other governmental entities. 

5. This Water Quality Certification may be revoked or modified if it is found, in the 

opinion of the Department, that the process and conditions of the Vessel General Permit 

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do not achieve compliance with the Vermont Water Quality Standards and other 

applicable provisions of state law. 

6.28 Wyoming: 

Wyoming certified the VGP subject to the following additional conditions: 

In accordance with the provisions of the state certification program for boating activities and 

discharges incidental to the normal operation of vessels, this office has reviewed the proposed 

nationwide permits and had made the following determinations: 

In view of the current state water quality standards and regulations, we have found that the 

nationwide permits are acceptable as written with the stipulation that certification of permits for 

eligible large (over 79 feet in length) and commercial vessels operating within Class 1 waters 

must be deferred for agency review and public notice. For all eligible small recreational vessels 

and those large and commercial vessels operating outside of Class 1 waters, we waive our right 

to individually certify. 

DEFERAL OF CERIFICATION ON CLASS 1 WATERS 

Class 1 waters are defined in Chapter 1 of the Wyoming Water Quality Rules and Regulations as 

those in which no further water quality degradation by point source discharges other than from 

dams will be allowed. Nonpoint source discharges will be controlled by the implementation of 

the best management practices designed to maintain existing water quality. Because of the high 

level of protection afforded to these waters by the regulations, authorization of the activities 

covered by the above Nation Wide Permits (NWPs) requires individual departmental review. 

Therefore, 401 certification for NWP, Vessel General Permit Discharges Incidental to the 

Normal Operation of Commercial Vessels and Large Recreational Vessels (VGP) is deferred 

when operation occurs on Wyoming Class 1 waters. This nationwide permit is certified for use 

on Wyoming class 2, 3, and 4 waters (all other waters) provided that the general conditions, 

management practices, and other provisions of the nationwide program are strictly followed. 

The following is a listing of current class 1 waters in Wyoming: 

1.	 All surface waters located within the boundaries of national parks and congressionally 

designated wilderness areas as of January 1, 1999; 

2.	 The main stem of the Snake River through its entire length about U.S. Highway 22 

Bridge (Wilson Bridge); 

3.	 The main stem of the Green River, including the Green River Lakes from the mouth of 

the New Fork River upstream to the wilderness boundary; 

4.	 The main stem of the Wind River from the Wedding of the Waters upstream to Boysen 

Dam; 

5.	 The main stem of the North Platte River from the mouth of Sage Creek (approximately 

15 stream miles downstream of Saratoga, Wyoming) upstream to the Colorado state line; 

6.	 The main stem of the North Platte River from the headwaters of Pathfinder Reservoir 

upstream to Kortes Dam (Miracle Mile segment); 

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7.	 The main stem of the North Platte River from the Natrona County Road 309 bridge 

(Goose Egg bridge) upstream to Alcova Reservoir; 

8.	 The main stem of Sand Creek above the U.S. Highway 14 bridge; 

9.	 The main stem of the Middle Fork of the Powder River through its entire length above 

the mouth of Buffalo Creek; 

10. The main stem of the Tongue River, the main stem of the North Fork of the Tongue 

River, and the main stem of the South Fork of the Tongue River above the U.S. Forest 

Service Boundary; 

11. The main stem of the Sweetwater River above the mouth of Alkali Creek; 

12. The main stem of the Encampment River from the northern U.S. Forest Service boundary 

upstream to the Colorado state line; 

13. The main stem of the Clarks Fork River from the U.S. Forest Service Boundary upstream 

to the Montana state line; 

14. All waters within the Fish Creek (near Wilson, Wyoming) drainage; 

15. The main stem of Granite Creek (tributary to the Hoback River) through its entire length; 

16. Fremont Lake; 

17. Wetlands adjacent to the above listed Class 1 waters. 

WAIVED 401 CERTIFICATION 

State Certification of General Permit for Discharges Associated with Recreational Vessels is 

waived. The Wyoming Department of Environmental Quality certifies that these permits are 

acceptable as described above. The Department also reserves the right to amend, modify, 

suspend or revoke this certification or any of its terms or conditions as may be appropriate or 

necessary to protect water quality and associated beneficial uses. Upon adoption of updated 

standards, this certification may be revoked and modified appropriately. 

Please be aware that this letter constitutes state certification of these permits as required by 

Section 401 of the federal Clean Water Act. It does not provide an exemption from any other 

federal, state or local laws or regulations, nor does it provide exemption from legal action by 

private citizens for damage to property which the activity may cause. 

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7. Appendix A definitions: 

The following definitions apply to this permit. Terms not defined in this Appendix have 

the meaning given by 40 CFR Part 122.2. When a defined term appears in a definition, the 

defined term is placed in quotation marks as an aid to readers.

 “Appropriate Regional Office” means the regional office listed in Part 8 of the Permit 

responsible for the waters where the vessel spends the most time or is based in a home port. 

“Aqueous Film-Forming Foam” means the firefighting foam and seawater mixture discharged 

during training, testing, or maintenance operations. [source: 40 C.F.R 1700.4] 

“Atlantic or Gulf Coastwise Trade” means vessels engaged in coastwise trade along the Atlantic 

coast or Gulf of Mexico coast of the United States, or in between those coasts, operating in and 

between ports on these coasts. 

“Atlantic or Gulf Nearshore Voyages” means voyages by any vessels engaged in the Atlantic or 

Gulf Coastwise trade and vessels transiting between Atlantic ports (including those in the 

Caribbean Sea) or Gulf of Mexico ports that travel between more than one Captain of the Port 

Zone, and all other vessels that sail from foreign, Atlantic, or Gulf of Mexico ports, which do not 

sail further than 200 nm from any shore, and that discharge or will discharge ballast water into 

ports on the Atlantic or Gulf coasts. 

“Ballast Tank” means any tank or hold on a vessel used for carrying “ballast water”, whether or 

not the tank or hold was designed for that purpose. [source: 33 C.F.R. 151.2025] 

“Ballast Water Exchange” see “Exchange”. 

“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. [source: 

33 C.F.R 151.1504] 

“Ballast Water Capacity” means the total volumetric capacity of any tanks, spaces, or 

compartments for carrying, loading, or discharging “ballast water”, including any multi-use 

tanks, space or compartment designed to allow carriage of “ballast water”. 

“Bilgewater means the wastewater from a variety of sources that accumulates in the lowest part 

of the vessel (the bilge). 

“Biocide” means a substance or organism, including a virus or a fungus, that is introduced into, 

or produced by, ballast water treatment systems to kill or eliminate organisms as part of the 

ballast water treatment process. 

“Boat Engine Wet Exhaust” means the seawater that is mixed and discharged with small boat 

propulsion engine exhaust to cool the exhaust and quiet the engine. [source: 40 C.F.R 1700.4] 

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“Captain of the Port” (COTP) means the Coast Guard officer designated as the COTP, or a 

person designated by that officer, for the COTP zone covering the U.S. port of destination. These 

COTP zones are listed in 33 C.F.R. part 3. [source: 33 C.F.R. 151.2025] 

“Chain Locker Effluent” means the accumulated precipitation and seawater that is emptied from 

the compartment used to store the vessel's anchor chain. [source: 40 C.F.R 1700.4] 

“Coastal Exchange Zone” means an area greater than 50 nm from shore and greater than 200 

meters in depth. 

“Commercial fishing vessel” means any vessel which is documented under the laws of the 

United States or, if under five net tons, registered under the laws of any State, and used for 

commercial fishing or activities directly related to commercial fishing. (source: modified from 50 CFR 

296.2) 

“Commercial vessel” means any “vessel” other than a “recreational vessel” or a vessel of the 

U.S. armed forces. 

“Constructed’ means a state of construction of a vessel at which— 

“(A) the keel is laid; 

“(B) construction identifiable with the specific vessel begins; 

“(C) assembly of the vessel has begun comprising at least 50 tons or 1 percent of the 

estimated mass of all structural material of the vessel, whichever is less; or 

“(D) the vessel undergoes a major conversion;” [patterned after the February 2004 Ballast Water 

Treaty, regulation A1(4)] 

"Control measure" means any BMP or other method (including effluent limitations) used to 

prevent or reduce the discharge of pollutants to waters of the United States. 

“Controllable Pitch Propeller Hydraulic Fluid” means the hydraulic fluid that discharges into the 

surrounding seawater from propeller seals as part of normal operation, and the hydraulic fluid 

released during routine maintenance of the propellers. [source: 40 C.F.R 1700.4] 

“Cruise ship” means a passenger ship used commercially for pleasure cruises that provides 

overnight accommodations to passengers. 

“Darkness” means sunset to sunrise. 

“Deck” means a horizontal surface or part thereof serving as a floor or structural support over the 

upper section of the hull and which is exposed to weather and sea such as freeboard and 

superstructure decks from which runoff may originate. 

“Deck Runoff” means the precipitation, washdowns, and seawater falling on the weather deck of 

a vessel and discharged overboard through deck openings. 

[source: 40 C.F.R 1700.4] 

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“Delivered” means the date of the owner/operator’s formal acceptance of the ship from the 

builder or another seller or the point in time when custody or ownership of the vessel officially 

transfers from the shipbuilder or other seller to the owner/operator. 

“Discharge incidental to the normal operation of a vessel” means those discharges that were 

excluded from the NPDES permitting program by operation of 40 C.F.R. 122.3(a) as in effect on 

September 29, 2008. 

“Distillation and Reverse Osmosis Brine” means the concentrated seawater (brine) produced as a 

byproduct of the processes used to generate freshwater from seawater. [source: 40 C.F.R 1700.4] 

“Elevator Pit Effluent” means the liquid that accumulates in, and is discharged from, the sumps 

of elevator wells on vessels. [source: 40 C.F.R 1700.4] 

“Exchange” means to replace the water in a ballast tank using one of the following methods: 

“Ferry” means a vessel having provisions for deck passengers and/or vehicles operating between 

two points over the most direct water route, operating on a frequent schedule, and offering a 

public service of a type normally attributed to a bridge or tunnel. [modified from: 46 C.F.R. 

§70.10-1] 

“Flow through exchange” means to flush out “ballast water” by pumping in water from the “midocean” or “coastal exchange zone” (as applicable) into the bottom of the tank and continuously 

overflowing the tank from the top until three full volumes of water has been changed to 

minimize the number of original organisms remaining in the tank. 

“Empty/refill exchange” means to pump out the “ballast water” taken on in ports, estuarine, or 

territorial waters until the tank is empty, then refilling it with water from the “mid-ocean” or 

“coastal exchange zone” (as applicable); masters/operators should pump out as close to 100 

percent of the “ballast water” as is safe to do so. [modified from: 33 C.F.R. 151.2025] 

“Exclusive Economic Zone” (EEZ) means the area established by Presidential Proclamation 

Number 5030, dated March 10, 1983 (48 FR 10605, 3 CFR, 1983 Comp., p. 22) which extends 

from the base line of the territorial sea of the United States seaward 200 miles, and the equivalent 

zone of Canada. [source: 33 C.F.R. 151.2025] 

“Firemain Systems” means the seawater pumped through the firemain system for firemain 

testing, maintenance, and training, and to supply water for the operation of certain vessel 

systems. [source: 40 C.F.R 1700.4] 

“Fouling organisms” means any aquatic flora and/or fauna which attach to, associate with, and/or 

grow on or in the vessel. 

“Freshwater Layup” means the potable water or freshwater taken from surrounding waters that is 

discharged from the water cooling system while the vessel is in port, and the cooling system is in 

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lay-up mode (a standby mode where seawater in the system is replaced with potable water for 

corrosion protection). [modified from: 40 C.F.R 1700.5(d)] 

“Gas Turbine Water Wash” means the water released from washing gas turbine components. 

[source: 40 C.F.R 1700.4] 

“Graywater” means galley, bath, and shower water, as well as wastewater from lavatory sinks, 

laundry, and water fountains. [modified from 40 C.F.R 1700.4 but removed shop sinks] 

“Gross Ton” means the size of the vessel as calculated using the formula set by the International 

Convention on Tonnage Measurement of Ships, 1969. GT = K * V where V = total volume in m3 

and K = a figure from 0.22 up to 0.32, depending on the ship’s size (calculated by : K = 0.2 +.02 

* log10V). 

“Hull Coating Leachate” the constituents that leach, dissolve, ablate, or erode from the paint on 

the hull into the surrounding seawater. [source: 40 C.F.R 1700.4] 

“IMO Guidelines” mean the Guidelines for the Control and Management of Ships’ Ballast Water 

to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens (IMO Resolution A.868 

(20), adopted November 1997). [source: 33 C.F.R. 151.2025] 

“In Port” means, for the purposes of this permit, anchored, moored, or otherwise secured while 

located in waters subject to this permit which are inside the baseline of the US territorial sea. 

“Large cruise ship” means a passenger ship, used commercially for pleasure cruises, that 

provides overnight accommodations to passengers, and is authorized by the Coast Guard to carry 

500 or more passengers. 

“Large Ferry” means a “ferry” that: a) has a capacity greater than or equal to 100 tons of cargo, 

e.g., for cars, trucks, trains, or other land-based transportation or b) is authorized by the Coast 

Guard to carry 250 or more people. 

“Major conversion” means a conversion of a vessel, that— 

(A) substantially alters the dimensions or carrying capacity of the vessel; 

(B) changes the type of the vessel; or 

(C) the intent of which, in the opinion of the director, is substantially to prolong its life 

[modified from 33 CFR 151.05 with the exception language specific to MARPOL is removed]. 

“MARPOL 73/78” means the International Convention for the Prevention of Pollution from 

Ships, 1973, as modified by the Protocol of 1978 relating thereto. [[source: modified from 40 C.F.R 

110.1] 

“MARPOL vessel” means a ship subject to Annex I of the International Convention for the 

Prevention of Pollution from Ships as implemented by the Act to Prevent Pollution from Ships 

and the oil pollution provisions of U.S. Coast Guard regulations in 33 CFR Part 151, Subpart A. 

“Master” means captain, person-in-charge, or other party responsible for operation of the vessel. 

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“Medium Cruise Ship” means a passenger ship, used commercially for pleasure cruises, that 

provides overnight accommodations to passengers, and is authorized by the Coast Guard to carry 

100 to 499 passengers. 

“Mid-Ocean” means waters greater than 200 nm from any shore. 

“Mile” means nautical mile as used in this permit, or 6076.1 feet or 1.852 kilometers. 

“Motor Gasoline and Compensating Discharge” means the seawater taken into, and discharged 

from, motor gasoline tanks to eliminate free space where vapors could accumulate. [source: 40 

C.F.R 1700.4] 

“NANPCA” means the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990. 

[source: 33 C.F.R. 151.2025] 

“NBIC” means the National Ballast Water Information Clearinghouse operated by the Coast 

Guard and the Smithsonian Environmental Research Center as mandated under NISA. [source: 

33 C.F.R. 151.2025] 

“NISA” means the National Invasive Species Act of 1996, which reauthorized and amended 

NANPCA. [source: 33 C.F.R. 151.2025] 

“Non-Oily machinery wastewater” means the combined wastewater from the operation of 

distilling plants, water chillers, valve packings, water piping, low- and high-pressure air 

compressors, propulsion engine jacket coolers, fire pumps, and seawater and potable water 

pumps. [modified from: 40 C.F.R 1700.4]

 “Non-toxic” soaps, cleaners, and detergents means these materials which do not exhibit 

potentially harmful characteristics as defined by the Consumer Product Safety Commission 

regulations found at 16 CFR Chapter II, Subchapter C, Part 1500. 

“Noxious Liquid Substance” (“NLS”) has the same meaning given that term by 33 CFR Part 

151, Subpart A. 

“Oil” means oil of any kind or in any form, including but not limited to, petroleum, fuel oil, 

sludge, oil refuse, and oil mixed with wastes other than dredged spoil. [source: 33 CFR 154.105] 

“Oil in quantities that may be harmful” means any discharge of oil having the effects identified 

in 40 CFR 110.3, provided that this term does not include those discharges specified in 40 CFR 

110.5(a) – (c). 

“Oily mixture” means a mixture, in any form, with any oil content, including, but not limited to: 

(1) slops from bilges; (2) slops from oil cargoes (such as cargo tank washings, oily waste, and 

oily refuse; (3) oil residue; and (4) oily Ballast Water from cargo or fuel oil tanks. [source: 33 CFR 

151.05] 

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"Owner or operator" and "Owner/Operator" mean the owner or operator of any facility or 

activity subject to regulation under the NPDES program. For purposes of this permit, an 

"operator" means a party, including a charterer by demise, who: 

(1) has operational control over vessel activities, including the ability to modify those 

activities; or 

(2) has day-to-day operational control of those activities that are necessary to ensure 

compliance with the permit or to direct workers to carry out activities required to comply 

with the permit. 

“Pacific Coastwise Trade” means vessels engaged in coastwise trade along the Pacific Coast of 

the United States, operating in and between ports in Alaska, California, Oregon, and 

Washington. 

“Pacific Nearshore Voyages” means voyages by any vessels engaged in the Pacific Coastwise 

trade and vessels transiting between Pacific Ports that travel between more than one Captain of 

the Port Zone, and all other vessels that sail from foreign, non U.S. Pacific, Atlantic, or Gulf of 

Mexico ports, which do not sail further than 200 nm from any shore, and that discharge or will 

discharge ballast water into the territorial sea or inland waters of Alaska or of the West Coast of 

the continental United States. 

“Person” means an individual, association, partnership, corporation, municipality, State or 

Federal agency, or an agent or employee thereof. [source – 40 CFR Part 122.2] 

“Phosphate Free” soaps, cleaners, and detergents means these materials which contain, by 

weight, 0.5% or less of phosphates or derivatives of phosphates. 

“Photographic Laboratory Drains” means the drains containing laboratory wastewater resulting 

from processing of photographic film. [adapted from: 40 C.F.R 1700.4] 

“Port” see “In Port” 

“Port or place of departure” means any port or place in which a vessel is anchored or moored. 

[source: 33 C.F.R. 151.2025] 

“Port or place of destination” means any port or place to which a vessel is bound to anchor or 

moor. [source: 33 C.F.R. 151.2025] 

“Recreational vessel” means a “vessel” being manufactured or operated primarily for pleasure or 

leased, rented, or chartered to another for the latter's pleasure. [source: 46 USC 2101(25)] 

“Saltwater flushing” means the addition of “mid-ocean” (in the case of 2.2.3.7) or “coastal 

exchange zone” (in Part 2.2.3.8) water to empty ballast water tanks; the mixing of the added 

water with residual ballast water and sediment through the motion of the vessel; and the 

discharge of the mixed water until loss of suction, such that the resulting residual water 

remaining in the tank has either a salinity greater than or equal to 30 parts per thousand (ppt) or a 

salinity concentration equal to the ambient salinity of the location where the uptake of the added 

water took place. 

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“Seawater Cooling Overboard Discharge” means the discharge of seawater from a dedicated 

system that provides noncontact cooling water for other vessel systems. [source: 40 C.F.R 1700.4] 

“Seawater Piping Biofouling Prevention” means the discharge of seawater containing additives 

used to prevent the growth and attachment of biofouling organisms in dedicated seawater cooling 

systems on selected vessels. [source: 40 C.F.R 1700.4] 

“Sewage” means human body wastes and the wastes from toilets and other receptacles intended 

to receive or retain body wastes that are discharged from vessels, except that with respect to 

commercial vessels on the Great Lakes, this term includes galley, bath, and shower water. 

“Sonar Dome Discharge” means the leaching of antifoulant materials into the surrounding 

seawater and the release of seawater or freshwater retained within the sonar dome. [source: 40 

C.F.R 1700.4] 

“Surface Vessel Bilgewater/Oily Water Separator Effluent” means the wastewater from a variety 

of sources that accumulates in the lowest part of the vessel (the bilge), and the effluent produced 

when the wastewater is processed by an oil water separator. [source: 40 C.F.R 1700.4] 

“Technical Water” means water that is collected, generated or managed on board for uses other 

than potable water. 

“Territorial sea” has the meaning assigned by section 502(8) of the Federal Water Pollution 

Control Act (33 U.S.C. 1362(8)). 

“Treated Bilgewater” means bilgewater treated with an oily water separator and having oil 

concentrations less than 15 ppm and that does not result in a discharge of oil in quantities that 

may be harmful, pursuant to 40 CFR Part 110. 

“Toxic and hazardous materials” means, for purposes of the VGP: any substance identified in 40 

CFR 116.4; any toxic pollutant identified in 40 CFR 401.15; and any hazardous material as 

defined in 49 CFR 171.8”” 

“United States” means the States, the District of Columbia, the Commonwealth of Puerto Rico, 

Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. 

[source: 33 C.F.R. 151.2025] 

“Underwater Ship Husbandry Discharges” means the materials discharged during the inspection, 

maintenance, cleaning, and repair of hulls or hull appendages performed while the vessel is 

waterborne. [modified from: 40 C.F.R 1700.4] 

“Untreated Bilgewater” means bilgewater that is not treated. 

“Vessel” means every description of watercraft or other artificial contrivance being used as a 

means of transportation on “waters subject to this permit.” [modified from CWA § 312(a)] 

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“Vessels unable to voyage more than 1 mile from shore” means vessels operating in waters 

which do not physically allow them to voyage more than 1 nm from shore (e.g. underway on 

inland river systems) or vessels which do not possess required certifications from the Coast 

Guard to operate more than 1 nm from shore. 

“Visible Sheen” means a “silvery” or “metallic” sheen, gloss, or increased reflectivity; visual 

color; iridescence, or oil slick on the surface. [Source: 58 FR 12507]. 

“Waters subject to this permit” means “waters of the US” as defined in as 40 CFR 122.2 and 

extends to the outer reach of the 3 mile territorial sea as defined in section 502(8) of the CWA, 

unless otherwise excluded from coverage by Part 6 of the permit. 

“Welldeck Discharges” means the water that accumulates from seawater flooding of the docking 

well (welldeck) of a vessel used to transport, load, and unload amphibious vessels, and from 

maintenance and freshwater washings of the welldeck and equipment and vessels stored in the 

welldeck. [source: 40 C.F.R 1700.4] 

“You” means the “owner” or “operator” of a permitted vessel 

8.	 Appendix B – EPA Regional Phone: (404) 562-9390 

Contacts Phone: (404) 562-9900

Toll Free: 1-800-241-1754 

Region 1 – CT, ME, MA, NH, RI, VT, 

and 10 Tribal Nations Region 5 – IL, IN, MI, MN, OH, WI, 

1 Congress St, Suite 1100 and 35 Tribes 

Boston, MA 02114-2023 Ralph Metcalfe Federal Building 

New England States: (888) 372-7341 77 W Jackson Blvd 

Outside New England: (617) 918-1111 Chicago, IL 60604-3507 

Phone: (312) 353-2000 

Region 2 – NJ, NY, PR, VI, and 7 

Tribal Nations Region 6 – LA, AR, OK, NM, TX, and 

290 Broadway, 24th Floor 65 Tribes 

New York, NY 10007-1866 1445 Ross Ave 

Phone: (212) 637-3660 Dallas, TX 75202-2733 

Phone: (214) 665-6444 

Region 3 – DE, DC, MD, PA, VA, WV 

1650 Arch St Region 7 – IA, KS, MO, NE, and 9 

Philadelphia, PA 19103 Tribes 

Phone: 215-814-5000 901 N 5th St

Toll Free w/in Region 3: (800) 438-2474 Kansas City, KS 66101 

Phone: (913) 551-7003 

Region 4 – AL, FL, GA, KY, MS, NC, Toll-Free: 1-800-223-0425 

SC, TN, and 2 Tribes 

Atlanta Federal Center 

61 Forsyth St SW
 

Atlanta, GA 30303-3104 

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Region 8 - CO, MT, ND, SD, UT, WY, 

and 27 Tribal Nations 

1595 Wynkoop St 

Denver, CO 80202-1129 

Phone: (303) 312-6312 

Toll Free w/in Region 8: (800) 227-8917 

Region 9 – AZ, CA, HI, NV, and 

Pacific Islands 

75 Hawthorne St 

San Francisco, CA 94105-3901 

Phone: (415) 947-8000 

Toll Free: (866) EPA-WEST 

Region 10 – AK, ID, OR, WA, and 

Native Tribes 

1200 6th Ave, Suite 900 

Seattle, WA 98101-1128 

Phone: (206) 553-1200 

Toll Free: (800) 424-4EPA 

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9. Appendix C – Areas Covered 

This permit is effective in Waters of the United States for any State, Territory, Indian 

Country, or the District of Columbia listed as covered under Part 6 of this permit. As states or 

tribes seek authorization to issue vessel permits, areas covered by this permit could change. 

9.1 Appendix D Reserved 

Reserved. 

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10. Appendix E – Notice of Intent (NOI) 

10.1 Draft NOI Instructions 

Who Must File an NOI Form 

Under the provisions of the Clean Water Act, as amended (33 U.S.C. 1251 et. seq.), 

federal law prohibits discharges incidental to the normal operation of a vessel unless that 

discharge is covered under a National Pollutant Discharge Elimination System (NPDES) Permit. 

To obtain authorization under this permit, operators must meet the eligibility requirements found 

in Part 1.2 of the Permit and, if required by Part 1.5.1.1 of the Permit, submit a complete and 

accurate NOI according to the requirements in Part 10/Appendix E. NOIs must be signed in 

accordance with 40 CFR 122.22. 

An owner/operator is required to submit an NOI if the vessel meets either of the 

following two criteria: 

•	 The vessel is greater or equal to 300 gross tons, 

Or 

•	 The vessel has the capacity to hold or discharge more than 8 cubic meters (2113 gallons) 

of Ballast Water. 

10.1.1.1.1 Owner/Operators required to submit NOIs 

For owner/operators required to submit an NOI for their vessel, they must submit an NOI 

in accordance with the following table. 

NOI Submission Deadlines/Discharge Authorization Dates 

Category NOI Deadline Discharge Authorization Date* 

Vessels delivered to owner or 

operator on or before 

September 19, 2009 

No later than September 19, 

2009 

Authorization granted until September 19, 2009. 

If EPA receives an NOI on or before September 

19, 2009, uninterrupted coverage continues. 

New Owner/Operator of Vessel 

– transfer of ownership and/or 

operation of a vessel whose 

discharge is previously 

authorized under this permit 

By date of transfer of 

ownership and/or operation 

Date of transfer or date EPA receives NOI, 

whichever is later 

New vessels delivered to owner 

or operator after September 19, 

2009 

30 days prior to discharge into 

waters subject to this permit 

30 days after complete NOI received by EPA 

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NOI Submission Deadlines/Discharge Authorization Dates 

Category NOI Deadline Discharge Authorization Date* 

Existing vessels delivered to 

owner or operator after 

September 19, 2009 that were 

not previously authorized under 

this permit 

30 days prior to discharge into 

waters subject to this permit 

30 days after complete NOI received by EPA 

* Based on a review of your NOI or other information, EPA may delay the discharge authorization date for further 

review, or may deny coverage under this permit and require submission of an application for an individual NPDES 

permit, as detailed in Part 1.8. In these instances, EPA will notify you in writing of the delay or the request for 

submission of an individual NPDES permit application. If EPA requires an individual permit for an existing vessel 

previously covered by this general permit, EPA will allow the permittee a reasonable amount of time to obtain 

individual permit coverage before their general permit coverage terminates. 

10.1.1.1.2 Owner/Operators not required to submit NOIs 

An operator of a vessel is not required to submit an NOI pursuant to Part 1.5.1.2 of the 

permit if the vessel is less than 300 tons and does not have the capacity to hold or discharge more 

than 8 cubic meters of ballast water. Owner/Operators that are not required to submit an NOI 

automatically receive coverage under this permit for their vessel and are authorized to discharge 

in accordance with the permit requirements. 

Where to File NOI Form 

All NOIs must be completed and filed using the eNOI system at 

www.epa.gov/npdes/vessels/eNOI or send your completed NOI to the Notice Processing Center 

at EPA Headquarters, EPA Vessel Notice Processing Center, Mail Code 4203M, 1200 

Pennsylvania Avenue, NW, Washington, DC 20460. Processing will be available after June 19, 

2009. 

If you have questions about whether you need to file an NOI or questions about 

completing the form, refer to www.epa.gov/npdes/vessels/eNOI after June 19, 2009 or contact 

the NOI center at 1-866-352-7755. 

Completing the Form 

Section I: Owner/Operator Information 

Provide the full legal name of the person, firm, public organization, or other entity that is 

the owner/operator of the vessel, as well as the name of the certifying official. Include the 

complete contact information for the owner/operator. The mailing address, city, state, and zip 

code, as well as phone number are required. The fax number and email address are optional. 

Section II: Vessel Information 

Provide the vessel name, registered identification number, call sign, and port of registry. 

Select the type of vessel by checking the appropriate box. Only the vessel types required to meet 

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additional, vessel type-specific Permit standards are listed; all other vessel types should select 

“other” and enter the vessel type in the space provided. Enter the vessel weight in gross tons, the 

length in feet, and the ballast water capacity in gallons or m3. Indicate whether the vessel 

currently holds or has ever held a NPDES permit. Include the Permit number and dates of permit 

coverage. If the vessel is covered under this General Permit and this NOI is being submitted for a 

transfer of ownership to continue coverage, check the appropriate box, and include the date of 

transfer. 

Section III: General Voyage Information 

Enter the vessel home port, or if it does not have a home port, enter the US port it most 

frequently visits. Provide the name of each US port the vessel may visit during the Permit term. 

This list does not need to be exhaustive, but should be based on ports visited in the past and 

should be representative of the geographic area in which the vessel travels. Provide the Crew 

Capacity, that is, the number of crew needed for or normally used for operating the vessel. Also, 

select the appropriate box to indicate if the vessel will travel in ocean waters seaward of the US 

EEZ. 

Section IV: Discharge Information 

From the list provided, select each applicable discharge type that your vessel may create. 

All discharges incidental to the normal operation of a vessel are included in permit coverage; you 

do not have to select each discharge type for your vessel to receive coverage for all discharges 

you may have; however, when completing the NOI, vessel owner/operators should list all 

discharge types they expect from their vessels. Commercial fishing vessels and vessels less than 

79 feet in length will only receive permit coverage for ballast water discharges and do not need 

to check other types of discharges in the NOI. Select the appropriate box to indicate whether the 

vessel ever engages or has the capacity to engage in industrial operations, such as seafood 

processing, energy exploration, or mining. If the vessel will be using a ballast water treatment 

system, check the appropriate box and answer the questions related to the discharge of residual 

biocides. The requirements for vessels using a ballast water treatment system can be found in 

section 5.8 of the Permit. Indicate whether the vessel currently has any onboard treatment 

systems for any waste stream listed in the permit, such as an Advanced Wastewater Treatment 

System (AWTS) used for graywater or an Oily Water Separator (OWS) used for bilgewater. 

Describe the treatment system, including what waste stream it treats, the type and design of the 

system, and treatment capacity. Provide information on the frequency and method of ballast tank 

sediment disposal and whether the vessel currently has a ballast water management plan. Indicate 

whether the vessel has an anti-foulant coating applied to the hull, what type of coating, when it 

was last applied, and briefly describe the vessel hull husbandry practices, including frequency of 

hull cleaning and method usually used. 

Section V: Certification 

Carefully read the certification language. To indicate your acceptance of these terms, 

check the “accept” box. Checking this box acts as a virtual signature on the NOI and indicates 

the operators consent to adhere to all the applicable terms of the Permit. By completing and 

submitting the NOI, the owner/operator certifies that every applicable General permit 

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requirement will be met. Include the name and title of the person completing the eNOI. The 

person completing the eNOI will have a box to check for “accept” which will act as virtual 

signature. 

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NOI Form 

NPDES EPA United States Environmental Protection Agency 

Form Washington, DC 20460 Form Approved OMB No. 

_ _ _ _ - _ Notice of Intent (NOI) for Discharges Incidental to the Normal Operation 2040-0004 

Of a Vessel under the NPDES Vessel General Permit 

Submission of this completed Notice of Intent (NOI) constitutes notice that the entity in Section A intends to be authorized to 

discharge pollutants to waters of the United States, from the vessel identified in Section B, under EPA’s Vessel General Permit 

(VGP). Submission of the NOI also constitutes notice that the party identified in Section B of this form has read, understands, 

and meets the eligibility conditions of Part 1 of the VGP; agrees to comply with all applicable terms and conditions of the VGP; 

and understands that continued authorization under the VGP is contingent on maintaining eligibility for coverage. In order to be 

granted coverage, all information required on this form must be completed. Please read and make sure you comply with all 

permit requirements. 

A. Vessel Owner/Operator Information 

1. Name: 

2. IRS Employer Information Number: _ _ - _ _ _ _ _ _ _ 

3. Name of Certifying Official 

4. Mailing Address: a. Street: 

b. City: c. State: _ _ d. Zip code: _ _ _ _ _ - _ _ _ _ 

d. Country: 

e. Phone: _ _ _ - _ _ _ - _ _ _ _ f. Fax (Optional): _ _ _ - _ _ _ - _ _ _ _ 

g. E-mail: 

B. Vessel Information 

1. Vessel Name: 

2. Vessel ID/Registered Number/IMO number 

3. Vessel Call Sign 

4. Flag State/Port of Registry 

5. Type of Vessel (select one) 

□ Commercial Fishing Vessel with Ballast Water □ Barge 

□ Medium Cruise Ship (100 to 499 passengers) □ Oil or Gas Tanker 

□ Large Cruise Ship (500+ passengers) □ Research Vessel 

□ Large Ferry (250+ passengers or more than 100 tons of □ Rescue Vessel 

cargo, e.g., cars, trucks, trains, or other land- based □ Other: 

transportation.) 

6. Vessel Dimensions: a. Weight: gross tons 

b. Length: feet 

7. Ballast Water Capacity: gallons or meters3 

8. Year Vessel Built:
 

9. a. Date of last dry-dock: b. Date of next scheduled/anticipated dry-dock:
 

10. Does the vessel have onboard treatment systems for any other waste stream covered by this permit (e.g. Advanced 

Wastewater Treatment System for Graywater, Oily Water Separator)?
 

□ Yes □ No 

If yes, please complete the following for each treatment system:
 

Waste stream: 

Treatment system type/design and manufacturer: 

Treatment System Capacity:
 

11. Ballast Water – 

a. How often if the ballast tank cleaned and sediment disposed of?
 

b. How and where do you typically dispose of ballast tank sediment?
 

c. Does vessel have an existing ballast water management plan? □ Yes □ No 

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12. a. Type of anti-fouling hull coating on the vessel: 

b. When anti-fouling hull coating was last applied: 

c. Describe hull husbandry practices, such as frequency of cleaning, method used, etc: 

13. Does vessel currently have, or has vessel ever held, an NPDES permit, for any part, discharge, or operation of the vessel? 

□ Yes □ No 

a. If yes, please provide the following: 

Permit Number: 

Dates of coverage: 

b. Is this a transfer of ownership? □ Yes □ No 

If Yes, provide date of transfer: 

C. Vessel Voyage Information 

1. Home Port/Most Frequented US Port: 

2. US Ports Vessel Anticipates Visiting During Permit Term: 

3. Number of overnight berths: a. Passengers b. Crew 

a. Maximum passenger capacity b. Crew 

4. Does vessel travel beyond the US EEZ and more than 200 nm from any shore? □ Yes □ No 

5. Is the vessel engaged in Pacific Nearshore Voyages? □ Yes □ No 

D. Discharge Information (commercial fishing vessels and vessels < 79 feet in length need only select Ballast Water; if such 

vessels have no ballast water discharges they do not need coverage under this permit): 

1. Select all applicable discharges vessel may generate: 

□ Deck Washdown and Runoff □ Gas Turbine Wash Water 

□ Bilgewater/Oily Water Separator Effluent □ Graywater 

□ Ballast Water □ Motor Gasoline and Compensating Discharge 

□ Anti-fouling hull coatings □ Non-Oily Machinery Wastewater 

□ Aqueous Film Forming Foams (AFFF) □ Refrigeration and Air Condensate Discharge 

□ Boiler/Economizer Blowdown □ Seawater Cooling Overboard Discharge 

□ Cathodic Protection □ Seawater Piping Biofouling Prevention 

□ Chain Locker Effluent □ Small Boat Engine Wet Exhaust 

□ Controllable Pitch Propeller Hydraulic Fluid and other □ Sonar Dome Discharge 

Oil-to-Sea Interfaces □ Underwater Ship Husbandry 

□ Distillation or Reverse Osmosis Brine □ Welldeck Discharges 

□ Elevator Pit Effluent □ Graywater Mixed with Sewage 

□ Firemain Systems □ Exhaust Gas Scrubber Washwater Discharge 

□ Freshwater layup 

2. Does Vessel ever engage in or have capacity to engage in industrial operations? □ Yes □ No 

a. If yes, please select appropriate box: 

□ Seafood processing □ Mining 

□ Energy Exploration □ Other: 

3. Will the vessel be using an experimental ballast water treatment system which discharges residual biocides? 

□ Yes □ No 

b. If yes, are biocide concentrations below those listed in Part 5.8 of the Permit? □ Yes □ No 

c. List the biocide residuals or derivatives that may be discharged by the ballast water treatment system: 

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E. Certifier Name and Title 

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in 

accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained 

therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering 

the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no 

personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. 

Print Name: 

Title: 

Signature: 

Email: 

NOI Preparer (Complete if NOI was prepared by someone other than the certifier) 

Prepared By:
 

Organization: 

Phone: Ext:
 

Email:
 

Date: _ _ - _ _ - _ _ 

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11. Appendix F – Notice of Termination (NOT) 

11.1 NOT Instructions 

Who Must File an NOT Form 

Any owner/operator who was required to submit an NOI under Part 1.5.1.1 and meets the 

conditions of Part 1.6.1.2 of the General Permit is required to submit an NOT to end coverage 

under this permit. 

If you have questions about whether you need to file an NOT or questions about 

completing the form, refer to (website will be inserted after finalization of this permit) or contact 

the NOI center at 1-866-352-7755. 

Where to File NOT Form 

All NOIs must be completed and filed using the eNOI system at 

www.epa.gov/npdes/vessels/eNOI or send your completed NOI to the Notice Processing Center 

at EPA Headquarters, EPA Vessel Notice Processing Center Mail Code 4203M, U.S. EPA, 1200 

Pennsylvania Avenue, NW, Washington, DC 20460. 

Completing the Form 

Section I: Owner/Operator Information 

Provide the full legal name of the person, firm, public organization, or other entity that is 

the owner/operator of the vessel, as well as the name of the certifying official. Include the 

complete contact information for the owner/operator. The mailing address, city, state, and zip 

code, as well as phone number are required. The fax number and email address are optional. 

Provide the date permit coverage began under the applicable NOI. Select the appropriate box to 

indicate why you are submitting an NOT to end permit coverage. There are three options to 

choose from: because you have sold or transferred the vessel and are no longer the owner or 

operator, because the vessel is no longer traveling in or discharging to waters subject to this 

permit, or because you have obtained individual or alternative permit coverage. If you have sold 

or transferred the vessel, please provide the date of transfer as well as the name and contact 

information of the new owner. If you have obtained an individual or alternative permit, please 

provide the permit number and date permit coverage begins in the space given. 

Section II: Vessel Information 

Provide the vessel name, registered identification number, call sign, and port of registry. 

Section III: Certification 

Carefully read the certification language. To indicate your acceptance of these terms, 

check the “accept” box. Checking this box acts as a virtual signature on the NOT and indicates 

that you understand these vessel discharges will longer be authorized under the general permit, 

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Vessel General Permit (VGP) Version 2/5/2009 

and that any discharge of these effluent streams without a permit is a violation of the Clean 

Water Act. Include the name and title of the person completing the eNOI. The person completing 

the eNOI will have a box to check for “accept” which will act as virtual signature. 

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Vessel General Permit (VGP) Version 2/5/2009 

NOT Form 

NPDES FORM Form Approved. OMB No 2040-0004 

_ _ _ _ - _ Please See Instructions Before Completing This Form

 EPA Notice of Termination (NOT) of Coverage under NPDES General Permit for 

Discharges Incidental to Normal Vessel Operation
 

Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form is no longer 

authorized to discharge any discharge incidental to the normal operation of a vessel under the NPDES program for the vessel 

identified in Section III of this form. All necessary information must be included on this form. Refer to the instructions at the end 

of this form. 

A. Permit Information 4. Mailing Address: 

1. NPDES Permit Tracking Number: _ _ _ _ _ _ _ _ _ a. Street: 

2. Reason for Termination (check one only): b. City: 

a. □ You transferred operational control to another c. State: _ _ d. Zip code: _ _ _ _ _ - _ _ _ _ 

operator. e. Phone: _ _ _ - _ _ _ - _ _ _ _ Date of transfer: 

b. □ You terminated vessel operations in waters subject to f. Fax (Optional): _ _ _ - _ _ _ - _ _ _ _ 

the General Permit. g. E-mail: c. □ You obtained coverage under an individual or 

alternative NPDES permit. C. Vessel Information 

Permit Number: 1. Vessel Name: 

Effective Date: 2. Vessel ID/Registered Number 

3. Vessel Call Sign B. Vessel Owner/Operator Information 

4. Port of Registry 1. Name: 

2. IRS Employer Information Number: _ _ - _ _ _ _ _ _ _ 

3. Name of Certifying Official: 

D. Certifier Name and Title: 

I certify under penalty of law that the information contained in this form is, to the best of my knowledge and belief, true, accurate 

and complete. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge any effluent 

associated with normal vessel operation under this general permit, and that discharging pollutants related to the normal operation 

of a vessel in to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by a 

NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for 

any violations of this permit or the Clean Water Act. 

Furthermore, I certify under penalty of law that this document and all attachments were prepared under my direction or 

supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the 

information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly 

responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, 

and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware 

that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for 

knowing violations. 

Print Name: 

Title: 

Signature: Date: _ _ - _ _ - _ _ 

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12. Appendix G – Waters Federally Protected wholly or in part for 

Conservation Purposes 

The list provided in Part 12 is a complete list of marine sanctuaries, units of the National 

Park System, units of the National Wildlife Refuge System, National Wilderness areas, and 

national wild and scenic rivers system components. EPA notes that this is a complete list 

gathered from sources maintained by the administrative agency. EPA did not filter this list: in 

many cases, the listed areas are terrestrial. Where the area is terrestrial (e.g. The Washington 

Monument), the requirements to comply with specific effluent limits do not apply. However, 

whenever any of these areas are aquatic or marine, the requirements discussed in Part 12.1 apply 

if they are applicable to a given vessel. 

12.1 Waters federally protected wholly or in part for conservation purposes 

You must comply with the specific effluent limits in Parts 2.2.2, 2.2.3.10, 2.2.5, 2.2.6, 

2.2.12, 2.2.15, 2.2.16 and 5.1.1.1.1 [etc.] affecting the following federally protected waters to the 

extent located in waters subject to this permit: 

•	 Marine Sanctuaries designated under the National Marine Sanctuaries Act (16 U.S.C. 

1431 et seq.) and implementing regulations found at 15 CFR Part 922 and 50 CFR Part 

404 or Marine national monuments designated under the Antiquities Act of 1906 (see 

Part 12.1.1 for a list of such areas); 

•	 A unit of the National Park System, including National Preserves and National 

Monuments (see Part 12.1.2 for a list of such areas); 

•	 A unit of the National Wildlife Refuge System, including Wetland Management Districts, 

Waterfowl Production Areas, National Game Preserves, Wildlife Management Area, and 

National Fish and Wildlife Refuges (see Part 12.1.3 for a list of such areas); 

•	 National Wilderness Areas (see Part 12.1.4 for a list of such areas); and 

•	 Any component designated under the National Wild and Scenic Rivers System (see Part 

12.1.5 for a list of such areas). 

•	 Any waterbody designated as an Outstanding National Resource Water (ONRW) by a 

State or Tribe (see Part 12.1.6 for a description of such areas) 

12.1.1 Marine Sanctuaries under the National Marine Sanctuaries Act (16 U.S.C. 1431 et 

seq.) and National Marine Monuments Designated under the Antiquities Act of 

1906 

•	 Channel Islands (California) 

•	 Cordell Bank (California) 

•	 Fagatele Bay (American Samoa)(U.S.) 

•	 Florida Keys (Florida) 

•	 Flower Garden Banks (Texas) 

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Vessel General Permit (VGP) Version 2/5/2009 

• Grays Reef (Georgia) 

• Gulf of the Farallones (California) 

• Hawaiian Islands Humpback Whales (Hawaii) 

• Monitor (North Carolina) 

• Monterey Bay (California) 

• Olympic Coast (Washington) 

• Papahanaumokuakea Marine National Monument (Hawaii) 

• Stellwagen Bank (Massachusetts) 

• Thunder Bay (Michigan) 

12.1.2 National Parks and Refuges: National Park Service, Department of the Interior 

Alabama 

Horseshoe Bend National Military Park 

Little River Canyon National Preserve 

Natchez Trace Parkway 

Russell Cave National Monument 

Selma To Montgomery National Historic Trail 

Trail Of Tears National Historic Trail 

Tuskegee Airmen National Historic Site 

Tuskegee Institute National Historic Site 

Alaska 

Alagnak Wild River 

Alaska Public Lands 

Aleutian World War II National Historic Area 

Aniakchak National Monument and Preserve 

Bering Land Bridge National Preserve 

Cape Krusenstern National Monument 

Denali National Park and Preserve 

Gates Of The Arctic National Park and Preserve 

Glacier Bay National Park and Preserve 

Inupiat Heritage Center 

Katmai National Park and Preserve 

Kenai Fjords National Park 

Klondike Gold Rush National Historical Park 

Kobuk Valley National Park 

Lake Clark National Park and Preserve 

Noatak National Preserve 

Sitka National historical Park 

Wrangell - St Elias National Park and Preserve 

Yukon - Charley Rivers National Preserve 

American Samoa 

National Park of American Samoa 

Arizona 

Canyon De Chelly National Monument 

Casa Grande Ruins National Monument 

Chiricahua National Monument 

Coronado National Memorial 

Fort Bowie National Historic Site 

Glen Canyon National Recreation Area 

Grand Canyon National Park 

Hohokam Pima National Monument 

Hubbell Trading Post National Historic Site 

Juan Bautista de Anza National Historic Trail 

Lake Mead National Recreation Area 

Montezuma Castle National Monument 

Navajo National Monument 

Old Spanish National Historical Trail 

Organ Pipe Cactus National Monument 

Parashant National Monument 

Petrified Forest National Park 

Pipe Spring National Monument 

Saguaro National Park 

Sunset Crater Volcano National Monument 

Tonto National Monument 

Tumacácori National Historical Park 

Tuzigoot National Monument 

Walnut Canyon National Monument 

Wupatki National Monument 

Yuma Crossing National Heritage Area 

Arkansas 

Arkansas Post National Memorial 

Buffalo National River 

Central High School National Historic Site 

Fort Smith National Historic Site 

Hot Springs National Park 

Pea Ridge National Military Park 

Trail Of Tears National Historic Trail 

California 

Alcatraz Island 

Cabrillo National Monument 

California National Historic Trail 

Channel Islands National Park 

Death Valley National Park 

Devils Postpile National Monument 

Eugene O'Neill National Historic Site 

128 
 

 

 

 

 

Vessel General Permit (VGP) 

Fort Point National Historic Site 

Golden Gate National Recreation Area 

John Muir National Historic Site 

Joshua Tree National Park 

Juan Bautista de Anza National Historical Trail 

Kings Canyon National Park 

Lassen Volcanic National Park 

Lava Beds National Monument 

Manzanar National Historic Site 

Mojave National Preserve 

Muir Woods National Monument 

Old Spanish National Historic Trail 

Pinnacles National Monument 

Point Reyes National Seashore 

Pony Express National Historic Trail 

Port Chicago Naval Magazine National 

Memorial 

Presidio of San Francisco 

Redwood National and State Parks 

Rosie the Riveter WWII Home Front National 

Historical Park 

San Francisco Maritime National Historical Park 

Santa Monica Mountains National Recreation 

Area 

Sequoia & Kings Canyon National Parks 

Whiskeytown National Recreation Area 

Yosemite National Park 

Colorado 

Bent's Old Fort National Historical Site 

Black Canyon Of The Gunnison National Park 

California National Historic Trail 

Colorado National Monument 

Curecanti National Recreation Area 

Dinosaur National Park 

Florissant Fossil Beds National Monument 

Great Sand Dunes National Park and Preserve 

Mesa Verde National Park 

Old Spanish National Historic Trail 

Pony Express National Historic Trail 

Rocky Mountain National Park 

Sand Creek Massacre National Historical Site 

Santa Fe National Historic Trail 

Yucca House National Monument 

Connecticut 

Appalachian National Scenic Trail 

Quinebaug & Shetucket Rivers Valley National 

Heritage Corridor 

Weir Farm National Historic Site 

Delaware 

Captain John Smith Chesapeake National 

Historic Trail 

District of Columbia 

Anacostia Park 

Capitol Hill Parks 

Captain John Smith Chesapeake National 

Historic Trail 

Carter G. Woodson Home National Historic Site 

Chesapeake & Ohio Canal National Historical 

Park 

Chesapeake Bay Gateways Network 

Constitution Gardens 

Ford's Theatre National Historical Site 

Fort Dupont Park 

Franklin Delano Roosevelt Memorial 

Frederick Douglass National Historic Site 

George Mason Memorial 

George Washington Memorial Parkway 

John Ericsson National Memorial 

Kenilworth Park & Aquatic Gardens 

Korean War Veterans Memorial 

Lincoln Memorial 

Mary McLeod Bethune Council House National 

historic Site 

Meridian Hill Park 

National Capital Parks-East 

National Mall 

National Mall & Memorial Parks 

National World War II 

Old Post Office Tower 

Peirce Mill 

Pennsylvania Avenue National Historic Site 

Potomac Heritage National Scenic Trail 

President's Park (White House) 

Rock Creek Park 

Sewall-Belmont House National Historic Site 

The Old Stone House 

Thomas Jefferson Memorial 

Vietnam Veterans Memorial 

Washington Monument 

World War II Memorial 

Florida 

Big Cypress National Preserve 

Biscayne National Park 

Canaveral National Seashore 

Castillo De San Marcos National Monument 

De Soto National Memorial 

Dry Tortugas National Park 

Everglades National Park 

Fort Caroline National Memorial 

Fort Matanzas National Monument 

Gulf Islands National Seashore 

Timucuan Ecological and Historical Preserve 

Georgia 

Andersonville National Historic Site 

Appalachian National Scenic Trail 

Augusta Canal national Heritage Area 

Chattahoochee River National Recreation Area 

Chickamauga & Chattanooga National Military 

Seashore 

Cumberland Island National Seashore 

Fort Frederica National Monument 

Fort Pulaski National Monument 

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Vessel General Permit (VGP) 

Jimmy Carter National Historic Site 

Kennesaw Mountain National Battlefield Park 

Martin Luther King Jr National Historic Site 

Ocmulgee National Monument 

Trail Of Tears National Historic Trail 

Guam 

War In The Pacific National Historical Park 

Hawaii 

Ala Kahakai National Historic Trail 

Haleakala National Park 

Hawaii Volcanoes National Park 

Kalaupapa National Historical Park 

Kaloko-Honokohau National Historical Park 

Pu`uhonua O Honaunau National Historical Park 

Puukohola Heiau National Historical Site 

USS Arizona Memorial 

Idaho 

California National Historic Trail 

City Of Rocks National Reserve 

Craters Of The Moon National Monument and 

Preserve 

Hagerman Fossil Beds National Monument 

Lewis & Clark National Historic Trail 

Minidoka Internment National Monument 

Nez Perce National Historical Park 

Oregon National Historic Trail 

Yellowstone National Park 

Illinois 

Lewis & Clark National Historic Trail 

Lincoln Home National Historic Site 

Mormon Pioneer National Historic Trail 

Trail Of Tears National Historic Trail 

Indiana 

George Rogers Clark National Historical Park 

Indiana Dunes National Lakeshore 

Lincoln Boyhood National Memorial 

Iowa 

Effigy Mounds National Monument 

Herbert Hoover National Historic Site 

Lewis & Clark National Historic Trail 

Mormon Pioneer National Historic Trail 

Kansas 

Brown V Board Of Education National Historic 

Site 

California National Historic Trail 

Fort Larned National Historic Site 

Fort Scott National Historic Site 

Lewis & Clark National Historic Trail 

Nicodemus National Historic Site 

Oregon National Historic Trail 

Pony Express National Historic Trail 

Santa Fe National Historic Trail 

Tallgrass Prairie National Preserve 

Kentucky 

Abraham Lincoln Birthplace National Historic 

Site 

Big South Fork National River and Recreation 

Area 

Cumberland Gap National Historical Park 

Mammoth Cave National Park 

Trail Of Tears National Historic Trail 

Louisiana 

Cane River National Heritage Area 

Cane River Creole National Historical Park 

El Camino Real de Los Tejas National Historic 

Trail 

Jean Lafitte National Historical Park and 

Preserve 

New Orleans Jazz National Historical Park 

Poverty Point National Monument 

Maine 

Acadia National Park 

Appalachian National Scenic Trail 

Maine Acadian Culture 

Roosevelt Campobello International Park 

Saint Croix Island International Historic Site 

Maryland 

Antietam National Battlefield 

Appalachian National Scenic Trail 

Assateague Island National Seashore 

Baltimore-Washington Parkway 

Captain John Smith Chesapeake National 

Historic Trail 

Catoctin Mountain Park 

Chesapeake & Ohio Canal National Historical 

Park 

Chesapeake Bay Gateways Network 

Clara Barton National Historic Site 

Fort Foote Park 

Fort McHenry National Monument and Historic 

Shrine 

Fort Washington Park 

George Washington Memorial Parkway 

Glen Echo Park 

Greenbelt Park 

Hampton National Historical Site 

Harmony Hall 

Monocacy National Battlefield 

Oxon Cove Park & Oxon Hill Farm 

Piscataway Park 

Potomac Heritage National Scenic Trail 

Suitland Parkway 

Thomas Stone National Historic Site 

Massachusetts 

Adams National Historical Park 

Appalachian National Scenic Trail 

Blackstone River Valley National Heritage 

Corridor 

Boston National Historical Park 

Boston African American National Historic Site 

Boston Harbor Islands National Recreation Area 

Cape Cod National Seashore 

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Vessel General Permit (VGP) 

Essex National Heritage Area 

Frederick Law Olmsted National Historic Site 

John F Kennedy National Historic Site 

Longfellow National Historic Site 

Lowell National Historical Park 

Minute Man National Historic Site 

New Bedford Whaling National Historical Park 

Salem Maritime National Historic Site 

Saugus Iron Works National Historic Site 

Springfield Armory National Historic Site 

Michigan 

Isle Royale National Park 

Keweenaw National Historical Park 

Motor Cities National Heritage Area 

North Country National Scenic Trail 

Pictured Rocks National Lakeshore 

Sleeping Bear Dunes National Lakeshore 

Minnesota 

Grand Portage National Monument 

Mississippi National River and Recreation Area 

North Country National Scenic Trail 

Pipestone National Monument 

Voyageurs National Park 

Mississippi 

Brices Cross Roads National Battlefield Site 

Gulf Islands National Seashore 

Natchez National Historical Park 

Natchez Trace Parkway 

Natchez Trace National Scenic Trail 

Tupelo National Battlefield 

Vicksburg National Military Park 

Missouri 

California National Historic Trail 

George Washington Carver National Monument 

Harry S Truman National Historic Site 

Jefferson National Expansion Memorial 

Lewis & Clark National Historic Trail 

Oregon National Historic Trail 

Ozark National Scenic Riverways 

Pony Express National Historic Trail 

Santa Fe National Historic Trail 

Trail Of Tears National Historic Trail 

Ulysses S Grant National Historic Site 

Wilson's Creek National Battlefield 

Montana 

Big Hole National Battlefield 

Bighorn Canyon National Recreation Area 

Glacier National Park 

Grant-Kohrs Ranch National Historic Site 

Lewis & Clark National Historic Trail 

Little Bighorn Battlefield National Monument 

Nez Perce National Historical Park 

Yellowstone National Park 

Nebraska 

Agate Fossil Beds National Monument 

California National Historic Trail 

Homestead National Monument of America 

Lewis & Clark National Historic Trail 

Mormon Pioneer National Historic Trail 

Niobrara National Scenic River 

Oregon National Historic Trail 

Pony Express National Historic Trail 

Scotts Bluff National Monument 

Nevada 

California National Historic Trail 

Death Valley National Park 

Great Basin National Park 

Lake Mead National Recreation Area 

Old Spanish National Historic Trail 

Pony Express National Historic Trail 

New Hampshire 

Appalachian National Scenic Trail 

Saint-Gaudens National Historic Site 

New Jersey 

Appalachian National Scenic River 

Delaware National Scenic River 

Delaware Water Gap National Recreation Area 

Edison National Historic Site 

Ellis Island National Monument 

Gateway National Recreation Area 

Great Egg Harbor River 

Lower Delaware National Wild and Scenic River 

Morristown National Historical Park 

New Jersey Coastal Heritage Trail Route 

New Jersey Pinelands National Reserve 

New Mexico 

Aztec Ruins National Monument 

Bandelier National Monument 

Capulin Volcano National Monument 

Carlsbad Caverns National Park 

Chaco Culture National Historical Park 

El Camino Real de Los Tejas National Historic 

Trail 

El Camino Real de Tierra Adentro National 

Historic Trail 

El Malpais National Monument 

El Morro National Monument 

Fort Union National Monument 

Gila Cliff Dwellings National Monument 

Old Spanish National Historic Trail 

Pecos National Historical Park 

Petroglyph National Monument 

Salinas Pueblo Missions National Monument 

Santa Fe National Historic Trail 

White Sands National Monument 

New York 

African Burial Ground Designation National 

Monument 

Appalachian National Scenic Trail 

Castle Clinton National Monument 

Chesapeake Bay Gateways Network 

Eleanor Roosevelt National Historic Site 

131 
 

 

 

 

Vessel General Permit (VGP) 

Ellis Island National Monument 

Erie Canalway National Heritage Corridor 

Federal Hall National Memorial 

Fire Island National Seashore 

Fort Stanwix National Monument 

Gateway National Recreation Area 

General Grant National Memorial 

Governors Island National Monument 

Hamilton Grange National Memorial 

Home Of Franklin D Roosevelt National Historic 

Site 

Hudson River Valley National Heritage Area 

Lower East Side Tenement Museum National 

Historic Site 

Manhattan Sites 

Martin Van Buren National Historic Site 

National Parks of New York Harbor 

North Country National Scenic Trail 

Sagamore Hill National Historic Site 

Saint Paul's Church National Historic Site 

Saratoga National Historical Park 

Statue Of Liberty National Monument 

Theodore Roosevelt Birthplace National Historic 

Site 

Theodore Roosevelt Inaugural National Historic 

Site 

Upper Delaware Scenic and Recreational River 

Vanderbilt Mansion National Historic Site 

Women's Rights National Historical Park 

North Carolina 

Appalachian National Scenic Trail 

Blue Ridge Parkway 

Blue Ridge National Heritage Area 

Cape Hatteras National Seashore 

Cape Lookout National Seashore 

Carl Sandburg Home National Historic Site 

Fort Raleigh National Historic Site 

Great Smoky Mountains National Park 

Guilford Courthouse National Military Park 

Moores Creek National Battlefield 

Overmountain Victory National Historic Trail 

Trail Of Tears National Historic Trail 

Wright Brothers National Monument 

North Dakota 

Fort Union Trading Post National Historic Site 

Knife River Indian Villages National Historic 

Site 

Lewis & Clark National Historic Trail 

North Country National Scenic Trail 

Theodore Roosevelt National Park 

Northern Mariana Islands 

American Memorial Park 

Ohio 

Cuyahoga Valley National Park 

David Berger National Memorial 

Dayton Aviation Heritage National Historical 

Park 

First Ladies National Historic Site 

Hopewell Culture National Historical Park 

James A Garfield National Historic Site 

National Aviation Heritage Area 

North Country National Scenic Trail 

Perry's Victory & International Peace Memorial 

William Howard Taft National Historic Site 

Oklahoma 

Chickasaw National Recreation Area 

Fort Smith National Historic Site 

Oklahoma City National Memorial 

Santa Fe National Historic Trail 

Trail Of Tears National Historic Trail 

Washita Battlefield National Historic Site 

Oregon 

California National Historic Trail 

Crater Lake National Park 

Fort Vancouver National Historic Site 

John Day Fossil Beds National Monument 

Lewis & Clark National Historic Trail 

Lewis and Clark National Historical Park 

Nez Perce National Historical Park 

Oregon National Historic Trail 

Oregon Caves National Monument 

Pennsylvania 

Allegheny Portage Railroad National Historic 

Site 

Appalachian National Scenic Trail 

Chesapeake Bay Gateways Network 

Delaware National Scenic River 

Delaware & Lehigh National Heritage Corridor 

Delaware Water Gap National Recreation Area 

Deshler-Morris House 

Edgar Allan Poe National Historic Site 

Eisenhower National Historic Site 

Flight 93 National Memorial 

Fort Necessity National Battlefield 

Friendship Hill National Historic Site 

Gettysburg National Military Park 

Gloria Dei Church National Historic Site 

Hopewell Furnace National Historic Site 

Independence National Historical Park 

Johnstown Flood National Monument 

Lackawanna Heritage Valley 

Lower Delaware National Wild and Scenic River 

North Country National Scenic Trail 

Oil Region National Heritage Area 

Path of Progress National Heritage Tour Route 

Potomac Heritage National Scenic Trail 

Rivers Of Steel National Heritage Area 

Schuylkill River Valley National Heritage Area 

Steamtown National Historic Site 

Thaddeus Kosciuszko National Memorial 

Upper Delaware Scenic and Recreational River 

132 
 

 

 

 

 

 

 

Vessel General Permit (VGP) 

Valley Forge National Historical Park 

Puerto Rico 

San Juan National Historic Site 

Rhode Island 

Blackstone River Valley National Heritage 

Corridor 

Roger Williams National Memorial 

Touro Synagogue National Historic Site 

South Carolina 

Charles Pinckney National Historic Site 

Congaree National Park 

Cowpens National Battlefield 

Fort Moultrie National Monument 

Fort Sumter National Monument 

Kings Mountain National Military Park 

Ninety Six National Historic Site 

Overmountain Victory National Historic trail 

South Carolina National Heritage Corridor 

South Dakota 

Badlands National Park 

Jewel Cave National Monument 

Lewis & Clark National Historic Trail 

Minuteman Missile National Historic Site 

Missouri Recreational River 

Mount Rushmore National Memorial 

Wind Cave National Park 

Tennessee 

Andrew Johnson National Historic Site 

Appalachian National Scenic Trail 

Big South Fork National River and Recreation 

Area 

Fort Donelson National Battlefield 

Great Smoky Mountains National Park 

Natchez Trace Parkway 

Obed Wild and Scenic River 

Overmountain Victory National Historic Trail 

Shiloh National Military Park 

Stones River National Battlefield 

Tennessee Civil War National Heritage Area 

Trail Of Tears National Historic Trail 

Texas 

Alibates Flint Quarries National Monument 

Amistad National Recreation Area 

Big Bend National Park 

Big Thicket National Preserve 

Chamizal National Memorial 

El Camino Real de Los Tejas National Historic 

Trail 

El Camino Real de Tierra Adentro National 

Historic Trail 

Fort Davis National Historic Site 

Guadalupe Mountains National Park 

Lake Meredith National Recreation Area 

Lyndon B Johnson National Historical Park 

Padre Island National Seashore 

Palo Alto Battlefield National Historic Site 

Rio Grande Wild and Scenic River 

San Antonio Missions National Historical Park 

Utah 

Arches National Park 

Bryce Canyon National Park 

California National Historic Trail 

Canyonlands National Park 

Capitol Reef National Park 

Cedar Breaks National Monument 

Dinosaur National Monument 

Glen Canyon National Recreation Area 

Golden Spike National Historic Site 

Hovenweep National Monument 

Mormon Pioneer National Historic Trail 

Natural Bridges National Monument 

Old Spanish National Historic Trail 

Pony Express National Historic Trail 

Rainbow Bridge National Monument 

Timpanogos Cave National Monument 

Zion National Park 

Vermont 

Appalachian National Scenic Trail 

Marsh - Billings - Rockefeller National 

Historical Park 

Virgin Islands 

Buck Island Reef National Monument 

Christiansted National Historic Site 

Salt River Bay National Historic Park and 

Ecological Preserve 

Virgin Islands National Park 

Virgin Islands Coral Reef National Monument 

Virginia 

Appalachian National Scenic Trail 

Appomattox Court House National Historical 

Park 

Arlington House, The Robert E. Lee Memorial 

Assateague Island National Seashore 

Blue Ridge Parkway 

Booker T Washington National Monument 

Cape Henry Memorial 

Captain John Smith Chesapeake National 

Historic Trail 

Cedar Creek & Belle Grove National Historical 

Park 

Chesapeake Bay Gateways Network 

Claude Moore Colonial Farm 

Colonial National Historical Park 

Fredericksburg & Spotsylvania National Military 

Park 

George Washington Memorial Parkway 

George Washington Birthplace National 

Monument 

Great Falls Park 

Green Springs 

Jamestown National Historic Site 

133 
 

 

 

 

Vessel General Permit (VGP) 

Lyndon Baines Johnson Memorial Grove on the West Virginia 

Potomac Appalachian National Scenic Trail 

Maggie L Walker National Historic Site Bluestone National Scenic River 

Manassas National Battlefield Park Chesapeake & Ohio Canal National Historical 

Overmountain Victory National Historic Trail Park 

Petersburg National Battlefield Chesapeake Bay Gateways Network 

Potomac Heritage National Scenic Trail Gauley River National Recreation Area 

Prince William Forest Park Harpers Ferry National Historical Park 

Richmond National Battlefield Park New River Gorge National River 

Shenandoah Park Wheeling National Heritage Area 

Theodore Roosevelt Island Park Wisconsin 

Wolf Trap National Park for the Performing Arts Apostle Islands National Lakeshore 

Yorktown National Cemetery Ice Age National Scenic Trail 

Washington North Country National Scenic Trail 

Ebey's Landing National Historical Reserve Saint Croix National Scenic River 

Fort Vancouver National Historic Site Wyoming 

Klondike Gold Rush - Seattle Unit National Bighorn Canyon National Recreation Area 

Historical Park California National Historic Trail 

Lake Chelan National Recreation Area Devils Tower National Monument 

Lake Roosevelt National Recreation Area Fort Laramie National Historic Site 

Lewis & Clark National Historic Trail Fossil Butte National Monument 

Mount Rainier National Park Grand Teton National Park 

Nez Perce National Historical Park John D Rockefeller Jr Memorial Parkway 

North Cascades National Park Mormon Pioneer National Historic Trail 

Olympic National Park Oregon National Historic Trail 

Ross Lake National Recreation Area Pony Express National Historic Trail 

San Juan Island National Historical Park Yellowstone National Park 

Whitman Mission National Historic Site 

12.1.3 National Wildlife Refuges (including, but not limited to Wetlands 

Management Districts, Waterfowl Production Areas, National Game 

Preserves, Wildlife Management Areas, and National Fish and Wildlife 

Refuges) 

As of 9/30/06, there were 547 national wildlife refuges in all 50 states. Neches 

River NWR in Texas, and the Rocky Mountain Front Conservation Area in Montana, 

were the 546th and 547th national wildlife refuges. There were 37 Wetland Management 

Districts in the Prairie Pothole region of the northern Great Plains. 

The acreage for the NWRS as of 9/30/06 was 96,369,969.43 acres. The system 

encompasses 547 national wildlife refuges, 37 Wetland Management Districts (which 

include Waterfowl Production Areas in 204 counties), and 50 Coordination Areas which 

are managed by the states. 

Refuges that have boundaries in multiple states are listed only in the state where 

the main visitor entrance is located. Maps of each area can be found by accessing the 

National Fish and Wildlife Services website at: http://www.fws.gov/refuges/ 

refugeLocatorMaps/index.html. 

Agassiz National Wildlife Refuge MN Alaska Maritime National Wildlife Refuge AK 

Alamosa National Wildlife Refuge CO Alaska Peninsula National Wildlife Refuge AK 

134 
 

 

 

VI 

Vessel General Permit (VGP) 

Alligator River National Wildlife Refuge NC 

Amagansett National Wildlife Refuge NY 

Anaho Island National Wildlife Refuge NV 

Anahuac National Wildlife Refuge TX 

Ankeny National Wildlife Refuge OR 

Antioch Dunes National Wildlife Refuge CA 

Aransas National Wildlife Refuge TX 

Arapaho National Wildlife Refuge CO 

Archie Carr National Wildlife Refuge FL 

Arctic National Wildlife Refuge AK 

Aroostook National Wildlife Refuge ME 

Arrowwood National Wildlife Refuge ND 

Arrowwood Wetland Management District ND 

Arthur R. Marshall Loxahatchee National 

Wildlife Refuge FL 

Ash Meadows National Wildlife Refuge NV 

Assabet River National Wildlife Refuge MA 

Atchafalaya National Wildlife Refuge LA 

Attwater Prairie Chicken National Wildlife 

Refuge TX 

Audubon National Wildlife Refuge ND 

Back Bay National Wildlife Refuge VA 

Baker Island National Wildlife Refuge HI 

Balcones Canyonlands National Wildlife Refuge TX 

Bald Knob National Wildlife Refuge AR 

Bamforth National Wildlife Refuge WY 

Bandon Marsh National Wildlife Refuge OR 

Banks Lake National Wildlife Refuge GA 

Baskett Slough National Wildlife Refuge OR 

Bayou Cocodrie National Wildlife Refuge LA 

Bayou Sauvage National Wildlife Refuge LA 

Bayou Teche National Wildlife Refuge LA 

Bear Lake National Wildlife Refuge ID 

Bear River Migratory Bird Refuge UT 

Bear Valley National Wildlife Refuge OR 

Becharof National Wildlife Refuge AK 

Benton Lake National Wildlife Refuge MT 

Benton Lake Wetland Management District MT 

Big Boggy National Wildlife Refuge TX 

Big Branch Marsh National Wildlife Refuge LA 

Big Lake National Wildlife Refuge AR 

Big Muddy National Fish & Wildlife Refuge MO 

Big Oaks National Wildlife Refuge IN 

Big Stone National Wildlife Refuge MN 

Big Stone Wetland Management District MN 

Bill Williams River National Wildlife Refuge AZ 

Bitter Creek National Wildlife Refuge CA 

Bitter Lake National Wildlife Refuge NM 

Black Bayou Lake National Wildlife Refuge LA 

Blackbeard Island National Wildlife Refuge GA 

Blackwater National Wildlife Refuge MD 

Block Island National Wildlife Refuge RI 

Blue Ridge National Wildlife Refuge CA 

Bogue Chitto National Wildlife Refuge LA 

Bombay Hook National Wildlife Refuge DE 

Bon Secour National Wildlife Refuge AL 

Bond Swamp National Wildlife Refuge GA 

Bosque del Apache National Wildlife Refuge NM 

Bowdoin National Wildlife Refuge MT 

Boyer Chute National Wildlife Refuge NE 

Brazoria National Wildlife Refuge TX 

Breton National Wildlife Refuge LA 

Browns Park National Wildlife Refuge CO 

Buck Island National Wildlife Refuge 

Buenos Aires National Wildlife Refuge AZ 

Buffalo Lake National Wildlife Refuge TX 

Butte Sink Wildlife Management Area CA 

Cabeza Prieta National Wildlife Refuge AZ 

Cabo Rojo National Wildlife Refuge PR 

Cache River National Wildlife Refuge AR 

Cahaba River National Wildlife Refuge AL 

Caloosahatchee National Wildlife Refuge FL 

Camas National Wildlife Refuge ID 

Cameron Prairie National Wildlife Refuge LA 

Canaan Valley National Wildlife Refuge WV 

Cape May National Wildlife Refuge NJ 

Cape Meares National Wildlife Refuge OR 

Cape Romain National Wildlife Refuge SC 

Carlton Pond Waterfowl Production Area ME 

Carolina Sandhills National Wildlife Refuge SC 

Castle Rock National Wildlife Refuge CA 

Cat Island National Wildlife Refuge LA 

Catahoula National Wildlife Refuge LA 

Cedar Island National Wildlife Refuge NC 

Cedar Keys National Wildlife Refuge FL 

Cedar Point National Wildlife Refuge OH 

Charles M. Russell National Wildlife Refuge MT 

Chase Lake National Wildlife Refuge ND 

Chassahowitzka National Wildlife Refuge FL 

Chautauqua National Wildlife Refuge IL 

Chickasaw National Wildlife Refuge TN 

Chincoteague National Wildlife Refuge VA 

Choctaw National Wildlife Refuge AL 

Cibola National Wildlife Refuge AZ 

Clarence Cannon National Wildlife Refuge MO 

Clarks River National Wildlife Refuge KY 

Clear Lake National Wildlife Refuge CA 

Coachella Valley National Wildlife Refuge CA 

Cokeville Meadows National Wildlife Refuge WY 

Cold Springs National Wildlife Refuge OR 

Coldwater River National Wildlife Refuge MS 

Columbia National Wildlife Refuge WA 

Colusa National Wildlife Refuge CA 

Conboy Lake National Wildlife Refuge WA 

Conscience Point National Wildlife Refuge NY 

Copalis National Wildlife Refuge WA 

Crab Orchard National Wildlife Refuge IL 

Crane Meadows National Wildlife Refuge MN 

Crescent Lake National Wildlife Refuge NE 

Crocodile Lake National Wildlife Refuge FL 

Cross Creeks National Wildlife Refuge TN 

Cross Island National Wildlife Refuge ME 

135 
 

 

 

 

VI 

Vessel General Permit (VGP) 

Crystal River National Wildlife Refuge FL 

Currituck National Wildlife Refuge NC 

Cypress Creek National Wildlife Refuge IL 

Dahomey National Wildlife Refuge MS 

D'Arbonne National Wildlife Refuge LA 

Deep Fork National Wildlife Refuge OK 

Deer Flat National Wildlife Refuge ID 

Delevan National Wildlife Refuge CA 

Delta National Wildlife Refuge LA 

Des Lacs National Wildlife Refuge ND 

Desecheo National Wildlife Refuge PR 

Desert National Wildlife Range NV 

DeSoto National Wildlife Refuge IA 

Detroit Lakes Wetland Management District MN 

Detroit River International Wildlife Refuge MI 

Devils Lake Wetland Management District ND 

Don Edwards San Francisco Bay National 

Wildlife Refuge CA 

Driftless Area National Wildlife Refuge IA 

Dungeness National Wildlife Refuge WA 

Eastern Neck National Wildlife Refuge MD 

Eastern Shore Of Virginia National Wildlife 

Refuge VA 

Edwin B. Forsythe National Wildlife Refuge NJ 

Egmont Key National Wildlife Refuge FL 

Elizabeth A. Morton National Wildlife Refuge NY 

Elizabeth Hartwell Mason Neck National 

Wildlife Refuge VA 

Ellicott Slough National Wildlife Refuge CA 

Emiquon National Wildlife Refuge IL 

Erie National Wildlife Refuge PA 

Ernest F. Hollings ACE Basin National Wildlife 

Refuge SC 

Eufaula National Wildlife Refuge AL 

Fallon National Wildlife Refuge NV 

Farallon National Wildlife Refuge CA 

Featherstone National Wildlife Refuge VA 

Felsenthal National Wildlife Refuge AR 

Fergus Falls Wetland Management District MN 

Fern Cave National Wildlife Refuge AL 

Fish Springs National Wildlife Refuge UT 

Fisherman Island National Wildlife Refuge VA 

Flattery Rocks National Wildlife Refuge WA 

Flint Hills National Wildlife Refuge KS 

Florence Lake National Wildlife Refuge ND 

Florida Panther National Wildlife Refuge FL 

Fort Niobrara National Wildlife Refuge NE 

Fox River National Wildlife Refuge WI 

Franklin Island National Wildlife Refuge ME 

Franz Lake National Wildlife Refuge WA 

Glacial Ridge National Wildlife Refuge MN 

Grand Bay National Wildlife Refuge MS 

Grand Cote National Wildlife Refuge LA 

Grasslands Wildlife Management Area CA 

Gravel Island National Wildlife Refuge WI 

Grays Harbor National Wildlife Refuge WA 

Grays Lake National Wildlife Refuge ID 

Great Bay National Wildlife Refuge NH 

Great Dismal Swamp National Wildlife Refuge VA 

Great Meadows National Wildlife Refuge MA 

Great River National Wildlife Refuge MO 

Great Swamp National Wildlife Refuge NJ 

Great White Heron National Wildlife Refuge FL 

Green Bay National Wildlife Refuge WI 

Green Cay National Wildlife Refuge 

Grulla National Wildlife Refuge TX 

Guadalupe-Nipomo Dunes National Wildlife 

Refuge CA 

Guam National Wildlife Refuge GU 

Hagerman National Wildlife Refuge TX 

Hakalau Forest National Wildlife Refuge HI 

Halfbreed Lake National Wildlife Refuge MT 

Hamden Slough National Wildlife Refuge MN 

Hanalei National Wildlife Refuge HI 

Handy Brake National Wildlife Refuge LA 

Harbor Island National Wildlife Refuge MI 

Harris Neck National Wildlife Refuge GA 

Hart Mountain National Antelope Range OR 

Hatchie National Wildlife Refuge TN 

Havasu National Wildlife Refuge CA 

Hawaiian Islands National Wildlife Refuge HI 

Hillside National Wildlife Refuge MS 

Hobe Sound National Wildlife Refuge FL 

Holla Bend National Wildlife Refuge AR 

Holt Collier National Wildlife Refuge MS 

Hopper Mountain National Wildlife Refuge CA 

Horicon National Wildlife Refuge WI 

Howland Island National Wildlife Refuge HI 

Huleia National Wildlife Refuge HI 

Humboldt Bay National Wildlife Refuge CA 

Huron National Wildlife Refuge MI 

Huron Wetland Management District SD 

Hutton Lake National Wildlife Refuge WY 

Imperial National Wildlife Refuge AZ 

Innoko National Wildlife Refuge AK 

Iowa Wetland Management District IA 

Iroquois National Wildlife Refuge NY 

Island Bay National Wildlife Refuge FL 

Izembek National Wildlife Refuge AK 

J. Clark Salyer National Wildlife Refuge ND 

J. Clark Salyer Wetland Management District ND 

J.N. Ding Darling National Wildlife Refuge FL 

James Campbell National Wildlife Refuge HI 

James River National Wildlife Refuge VA 

Jarvis Island National Wildlife Refuge HI 

John H. Chafee National Wildlife Refuge RI 

John Hay National Wildlife Refuge NH 

John Heinz at Tinicum National Wildlife Refuge PA 

John W. and Louise Seier National Wildlife 

Refuge NE 

Johnston Island National Wildlife Refuge HI 

136 
 

 

 

 

 

Vessel General Permit (VGP) 

Julia Butler Hansen Refuge for the Columbian 

White-Tailed Deer WA 

Kakahaia National Wildlife Refuge HI 

Kanuti National Wildlife Refuge AK 

Karl E. Mundt National Wildlife Refuge SD 

Kealia Pond National Wildlife Refuge HI 

Kellys Slough National Wildlife Refuge ND 

Kenai National Wildlife Refuge AK 

Kern National Wildlife Refuge CA 

Kesterton National Wildlife Refuge CA 

Key Cave National Wildlife Refuge AL 

Key West National Wildlife Refuge FL 

Kilauea Point National Wildlife Refuge HI 

Kingman Reef National Wildlife Refuge HI 

Kirtlands Warbler Wildlife Management Area MI 

Kirwin National Wildlife Refuge KS 

Klamath Marsh National Wildlife Refuge OR 

Kodiak National Wildlife Refuge AK 

Kofa National Wildlife Refuge AZ 

Kootenai National Wildlife Refuge ID 

Koyukuk National Wildlife Refuge AK 

Kulm Wetland Management District ND 

Lacassine National Wildlife Refuge LA 

Lacreek National Wildlife Refuge SD 

Laguna Atascosa National Wildlife Refuge TX 

Laguna Cartagena National Wildlife Refuge PR 

Lake Alice National Wildlife Refuge ND 

Lake Andes National Wildlife Refuge SD 

Lake Ilo National Wildlife Refuge ND 

Lake Isom National Wildlife Refuge TN 

Lake Mason National Wildlife Refuge MT 

Lake Ophelia National Wildlife Refuge LA 

Lake Umbagog National Wildlife Refuge NH 

Lake Wales Ridge National Wildlife Refuge FL 

Lake Woodruff National Wildlife Refuge FL 

Lake Zahl National Wildlife Refuge ND 

Las Vegas National Wildlife Refuge NM 

Lee Metcalf National Wildlife Refuge MT 

Leopold Wetland Management District WI 

Leslie Canyon National Wildlife Refuge AZ 

Lewis and Clark National Wildlife Refuge WA 

Litchfield Wetland Management District MN 

Little Pend Oreille National Wildlife Refuge WA 

Little River National Wildlife Refuge OK 

Logan Cave National Wildlife Refuge AR 

Long Lake National Wildlife Refuge ND 

Lost Trail National Wildlife Refuge MT 

Lostwood National Wildlife Refuge ND 

Louisiana Wetland Management District LA 

Lower Hatchie National Wildlife Refuge TN 

Lower Klamath National Wildlife Refuge CA 

Lower Rio Grande Valley National Wildlife 

Refuge TX 

Lower Suwannee National Wildlife Refuge FL 

Mackay Island National Wildlife Refuge NC 

Madison Wetland Management District SD 

Maine Coastal Islands National Wildlife Refuge ME 

Malheur National Wildlife Refuge OR 

Mandalay National Wildlife Refuge LA 

Marais des Cygnes National Wildlife Refuge KS 

Marin Islands National Wildlife Refuge CA 

Martin National Wildlife Refuge MD 

Mashpee National Wildlife Refuge MA 

Massasoit National Wildlife Refuge MA 

Mathews Brake National Wildlife Refuge MS 

Matlacha Pass National Wildlife Refuge FL 

Mattamuskeet National Wildlife Refuge NC 

Maxwell National Wildlife Refuge NM 

McFaddin National Wildlife Refuge TX 

McKay Creek National Wildlife Refuge OR 

McNary National Wildlife Refuge WA 

Medicine Lake National Wildlife Refuge MT 

Merced National Wildlife Refuge CA 

Meredosia National Wildlife Refuge IL 

Merritt Island National Wildlife Refuge FL 

Michigan Wetland Management District MI 

Michigan Islands National Wildlife Refuge MI 

Middle Mississippi River National Wildlife 

Refuge IL 

Midway Atoll National Wildlife Refuge HI 

Mille Lacs National Wildlife Refuge MN 

Mingo National Wildlife Refuge MO 

Minidoka National Wildlife Refuge ID 

Minnesota Valley National Wildlife Refuge MN 

Minnesota Valley Wetland Management District MN 

Missisquoi National Wildlife Refuge VT 

Mississippi Sandhill Crane National Wildlife 

Refuge MS 

Moapa Valley National Wildlife Refuge NV 

Modoc National Wildlife Refuge CA 

Monomoy National Wildlife Refuge MA 

Monte Vista National Wildlife Refuge CO 

Montezuma National Wildlife Refuge NY 

Moosehorn National Wildlife Refuge ME 

Morgan Brake National Wildlife Refuge MS 

Morris Wetland Management District MN 

Mortenson Lake National Wildlife Refuge WY 

Mountain Longleaf National Wildlife Refuge AL 

Muleshoe National Wildlife Refuge TX 

Muscatatuck National Wildlife Refuge IN 

Nansemond National Wildlife Refuge VA 

Nantucket National Wildlife Refuge MA 

National Bison Range MT 

National Elk Refuge WY 

National Key Deer Refuge FL 

Navassa Island National Wildlife Refuge PR 

Neal Smith National Wildlife Refuge IA 

Necedah National Wildlife Refuge WI 

Nestucca Bay National Wildlife Refuge OR 

Ninigret National Wildlife Refuge RI 

Nisqually National Wildlife Refuge WA 

Nomans Land Island National Wildlife Refuge MA 

137 
 

 

 

 

Vessel General Permit (VGP) 

North Central Valley Wildlife Management Area CA Red River National Wildlife Refuge LA 

North Platte National Wildlife Refuge NE 

Northern Tallgrass Prairie National Wildlife 

Refuge MN 

Northwest Montana Wetland Management 

District MT 

Nowitna National Wildlife Refuge AK 

Noxubee National Wildlife Refuge MS 

Oahu Forest National Wildlife Refuge HI 

Occoquan Bay National Wildlife Refuge VA 

Ohio River Islands National Wildlife Refuge WV 

Okefenokee National Wildlife Refuge GA 

Optima National Wildlife Refuge OK 

Oregon Islands National Wildlife Refuge OR 

Ottawa National Wildlife Refuge OH 

Ouray National Wildlife Refuge UT 

Overflow National Wildlife Refuge AR 

Oxbow National Wildlife Refuge MA 

Oxford Slough Waterfowl Production Area ID 

Oyster Bay National Wildlife Refuge NY 

Ozark Cavefish National Wildlife Refuge MO 

Ozark Plateau National Wildlife Refuge OK 

Pahranagat National Wildlife Refuge NV 

Palmyra Atoll National Wildlife Refuge HI 

Panther Swamp National Wildlife Refuge MS 

Parker River National Wildlife Refuge MA 

Passage Key National Wildlife Refuge FL 

Pathfinder National Wildlife Refuge WY 

Patoka River National Wildlife Refuge and 

Wildlife Management Area IN 

Patuxent Research Refuge MD 

Pea Island National Wildlife Refuge NC 

Pearl Harbor National Wildlife Refuge HI 

Pee Dee National Wildlife Refuge NC 

Pelican Island National Wildlife Refuge FL 

Piedmont National Wildlife Refuge GA 

Pierce National Wildlife Refuge WA 

Pilot Knob National Wildlife Refuge MO 

Pinckney Island National Wildlife Refuge GA 

Pine Island National Wildlife Refuge FL 

Pinellas National Wildlife Refuge FL 

Pixley National Wildlife Refuge CA 

Plum Tree Island National Wildlife Refuge VA 

Pocosin Lakes National Wildlife Refuge NC 

Pond Creek National Wildlife Refuge AR 

Pond Island National Wildlife Refuge ME 

Port Louisa National Wildlife Refuge IA 

Presquile National Wildlife Refuge VA 

Prime Hook National Wildlife Refuge DE 

Protection Island National Wildlife Refuge WA 

Quillayute Needles National Wildlife Refuge WA 

Quivira National Wildlife Refuge KS 

Rachel Carson National Wildlife Refuge ME 

Rainwater Basin Wetland Management District NE 

Rappahannock River Valley National Wildlife 

Refuge VA 

Red Rock Lakes National Wildlife Refuge MT 

Reelfoot National Wildlife Refuge TN 

Rice Lake National Wildlife Refuge MN 

Ridgefield National Wildlife Refuge WA 

Roanoke River National Wildlife Refuge NC 

Rocky Flats National Wildlife Refuge CO 

Rocky Mountain Arsenal National Wildlife 

Refuge CO 

Rose Atoll National Wildlife Refuge HI 

Ruby Lake National Wildlife Refuge NV 

Rydell National Wildlife Refuge MN 

Sabine National Wildlife Refuge LA 

Sachuest Point National Wildlife Refuge RI 

Sacramento National Wildlife Refuge CA 

Sacramento River National Wildlife Refuge CA 

Saddle Mountain National Wildlife Refuge WA 

Salinas River National Wildlife Refuge CA 

Salt Plains National Wildlife Refuge OK 

San Andres National Wildlife Refuge NM 

San Bernard National Wildlife Refuge TX 

San Bernardino National Wildlife Refuge AZ 

San Diego National Wildlife Refuge CA 

San Diego Bay National Wildlife Refuge CA 

San Joaquin River National Wildlife Refuge CA 

San Juan Islands National Wildlife Refuge WA 

San Luis National Wildlife Refuge CA 

San Pablo Bay National Wildlife Refuge CA 

Sand Lake National Wildlife Refuge SD 

Sandy Point National Wildlife Refuge VI 

Santa Ana National Wildlife Refuge TX 

Santee National Wildlife Refuge SC 

Sauta Cave National Wildlife Refuge AL 

Savannah National Wildlife Refuge SC 

Seal Beach National Wildlife Refuge CA 

Seal Island National Wildlife Refuge ME 

Seatuck National Wildlife Refuge NY 

Seedskadee National Wildlife Refuge WY 

Selawik National Wildlife Refuge AK 

Seney National Wildlife Refuge MI 

Sequoyah National Wildlife Refuge OK 

Sevilleta National Wildlife Refuge NM 

Shawangunk Grasslands National Wildlife 

Refuge NY 

Sheldon National Wildlife Refuge NV 

Shell Keys National Wildlife Refuge LA 

Sherburne National Wildlife Refuge MN 

Shiawassee National Wildlife Refuge MI 

Siletz Bay National Wildlife Refuge OR 

Silvio O. Conte National Fish & Wildlife Refuge MA 

Slade National Wildlife Refuge ND 

Sonny Bono Salton Sea National Wildlife 

Refuge CA 

Squaw Creek National Wildlife Refuge MO 

St. Catherine Creek National Wildlife Refuge MS 

St. Croix Wetland Management District WI 

138 
 

 

Vessel General Permit (VGP) 

St. Johns National Wildlife Refuge FL 

St. Marks National Wildlife Refuge FL 

St. Vincent National Wildlife Refuge FL 

Steigerwald Lake National Wildlife Refuge WA 

Stewart B. McKinney National Wildlife Refuge CT 

Stillwater National Wildlife Refuge 

Stone Lakes National Wildlife Refuge 

Sullys Hill National Game Preserve 

Sunkhaze Meadows National Wildlife Refuge 

Supawna Meadows National Wildlife Refuge 

Susquehanna River National Wildlife Refuge 

Sutter National Wildlife Refuge 

Swan Lake National Wildlife Refuge 

Swanquarter National Wildlife Refuge 

Tallahatchie National Wildlife Refuge 

Tamarac National Wildlife Refuge 

Target Rock National Wildlife Refuge 

NV 

CA
 

ND 

ME 

NJ 

MD 

CA 

MO 

NC 

MS 

MN 

NY 

Ten Thousand Islands National Wildlife Refuge FL 

Tennessee National Wildlife Refuge TN 

Tensas River National Wildlife Refuge LA 

Tetlin National Wildlife Refuge AK 

Tewaukon National Wildlife Refuge ND 

Texas Point National Wildlife Refuge TX 

Thacher Island National Wildlife Refuge MA 

Theodore Roosevelt National Wildlife Refuge MS 

Three Arch Rocks National Wildlife Refuge 

Tijuana Slough National Wildlife Refuge 

Tishomingo National Wildlife Refuge 

Togiak National Wildlife Refuge 

Toppenish National Wildlife Refuge 

Trempealeau National Wildlife Refuge 

Trinity River National Wildlife Refuge 

Trustom Pond National Wildlife Refuge 

Tualatin River National Wildlife Refuge 

Tule Lake National Wildlife Refuge 

Turnbull National Wildlife Refuge 

Two Ponds National Wildlife Refuge 

Two Rivers National Wildlife Refuge 

Tybee National Wildlife Refuge 

12.1.4 National Wilderness Areas 

OR 

CA 

OK 

AK 

WA 

WI 

TX 

RI 

OR 

CA 

WA 

CO 

IL 

SC 

Alabama 

Cheaha Wilderness 

Alaska 

Aleutian Islands Wilderness 

Andreafsky Wilderness 

Becharof Wilderness 

Bering Sea Wilderness 

Bogoslof Wilderness 

Chamisso Wilderness 

Chuck River Wilderness 

Coronation Island Wilderness 

Denali Wilderness 

Dugger Mountain Wilderness

Karta River Wilderness 

Katmai Wilderness 

Kenai Wilderness 

Kobuk Valley Wilderness 

Kootznoowoo Wilderness 

Koyukuk Wilderness 

Kuiu Wilderness 

Lake Clark Wilderness 

Maurille Islands Wilderness 

UL Bend National Wildlife Refuge MT 

Umatilla National Wildlife Refuge OR 

Union Slough National Wildlife Refuge IA 

Upper Klamath National Wildlife Refuge OR 

Upper Mississippi River National Wildlife & 

Fish Refuge MN 

Upper Ouachita National Wildlife Refuge LA 

Upper Souris National Wildlife Refuge ND 

Valentine National Wildlife Refuge NE 

Valley City Wetland Management District ND 

Vieques National Wildlife Refuge PR 

Waccamaw National Wildlife Refuge SC 

Wallkill River National Wildlife Refuge NJ 

Wallops Island National Wildlife Refuge VA 

Wapack National Wildlife Refuge NH 

Wapanocca National Wildlife Refuge AR 

War Horse National Wildlife Refuge MT 

Washita National Wildlife Refuge OK 

Wassaw National Wildlife Refuge GA 

Watercress Darter National Wildlife Refuge AL 

Waubay National Wildlife Refuge SD 

Waubay Wetland Management District SD 

Wertheim National Wildlife Refuge NY 

West Sister Island National Wildlife Refuge OH 

Wheeler National Wildlife Refuge AL 

White River National Wildlife Refuge AR 

Whittlesey Creek National Wildlife Refuge WI 

Wichita Mountains Wildlife Refuge OK 

Willapa National Wildlife Refuge WA 

William L. Finley National Wildlife Refuge OR 

Willow Creek-Lurline Wildlife Management 

Area CA 

Windom Wetland Management District MN 

Wolf Island National Wildlife Refuge GA 

Yazoo National Wildlife Refuge MS 

Yukon Delta National Wildlife Refuge AK 

Yukon Flats National Wildlife Refuge AK 

 Sipsey Wilderness 

Saint Lazaria Wilderness 

Selawik Wilderness 

Semidi Wilderness 

Simeonof Wilderness 

South Baranof Wilderness 

South Etolin Wilderness 

South Prince of Wales Wilderness 

Stikine-LeConte Wilderness 

Tebenkof Bay Wilderness 

139 
 

 

 

 

 

 

Vessel General Permit (VGP) 

Endicott River Wilderness 

Forrester Island Wilderness 

Gates of the Arctic Wilderness 

Glacier Bay Wilderness 

Hazy Islands Wilderness 

Innoko Wilderness 

Izembek Wilderness 

Arizona 

Apache Creek Wilderness 

Aravaipa Canyon Wilderness 

Arrastra Mountain Wilderness 

Aubrey Peak Wilderness 

Baboquivari Peak Wilderness 

Bear Wallow Wilderness 

Beaver Dam Mountains 

Wilderness 

Big Horn Mountains Wilderness 

Cabeza Prieta Wilderness 

Castle Creek Wilderness 

Cedar Bench Wilderness 

Chiricahua National Monument 

Wilderness 

Chiricahua Wilderness 

Cottonwood Point Wilderness 

Coyote Mountains Wilderness 

Dos Cabezas Mountains 

Wilderness 

Eagletail Mountains Wilderness 

East Cactus Plain Wilderness 

Escudilla Wilderness 

Fishhooks Wilderness 

Fossil Springs Wilderness 

Four Peaks Wilderness 

Galiuro Wilderness 

Gibraltar Mountain Wilderness 

Grand Wash Cliffs Wilderness 

Granite Mountain Wilderness 

Harcuvar Mountains Wilderness 

Harquahala Mountains Wilderness 

Hassayampa River Canyon 

Wilderness 

Havasu Wilderness 

Arkansas 

Big Lake Wilderness 

Black Fork Mountain Wilderness 

Buffalo National River 

Wilderness 

Caney Creek Wilderness 

Misty Fjords National Monument 

Wilderness 

Mollie Beattie Wilderness 

Noatak Wilderness 

Nunivak Wilderness 

Petersburg Creek-Duncan Salt 

Chuck Wilderness 

Pleasant/Lemusurier/Inian Islands 

Wilderness 

Russell Fjord Wilderness 

Hells Canyon Wilderness 

Hellsgate Wilderness 

Hummingbird Springs Wilderness 

Imperial Refuge Wilderness 

Juniper Mesa Wilderness 

Kachina Peaks Wilderness 

Kanab Creek Wilderness 

Kendrick Mountain Wilderness 

Kofa Wilderness 

Mazatzal Wilderness 

Miller Peak Wilderness 

Mount Baldy Wilderness 

Mount Logan Wilderness 

Mount Nutt Wilderness 

Mount Tipton Wilderness 

Mount Trumbull Wilderness 

Mount Wilson Wilderness 

Mt. Wrightson Wilderness 

Muggins Mountain Wilderness 

Munds Mountain Wilderness 

Needle's Eye Wilderness 

New Water Mountains Wilderness 

North Maricopa Mountains 

Wilderness 

North Santa Teresa Wilderness 

Organ Pipe Cactus Wilderness 

Paiute Wilderness 

Pajarita Wilderness 

Paria Canyon-Vermilion Cliffs 

Wilderness 

Peloncillo Mountains Wilderness 

Petrified Forest National 

Wilderness Area 

Dry Creek Wilderness 

East Fork Wilderness 

Flatside Wilderness 

Hurricane Creek Wilderness 

Togiak Wilderness 

Tracy Arm-Fords Terror 

Wilderness 

Tuxedni Wilderness 

Unimak Wilderness 

Warren Island Wilderness 

West Chichagof-Yakobi 

Wilderness 

Wrangell-Saint Elias Wilderness 

Pine Mountain Wilderness 

Pusch Ridge Wilderness 

Rawhide Mountains Wilderness 

Red Rock-Secret Mountain 

Wilderness 

Redfield Canyon Wilderness 

Rincon Mountain Wilderness 

Saddle Mountain Wilderness 

Saguaro Wilderness 

Salome Wilderness 

Salt River Canyon Wilderness 

Santa Teresa Wilderness 

Sierra Ancha Wilderness 

Sierra Estrella Wilderness 

Signal Mountain Wilderness 

South Maricopa Mountains 

Wilderness 

Strawberry Crater Wilderness 

Superstition Wilderness 

Swansea Wilderness 

Sycamore Canyon Wilderness 

Table Top Wilderness 

Tres Alamos Wilderness 

Trigo Mountain Wilderness 

Upper Burro Creek Wilderness 

Wabayuma Peak Wilderness 

Warm Springs Wilderness 

West Clear Creek Wilderness 

Wet Beaver Wilderness 

White Canyon Wilderness 

Woodchute Wilderness 

Woolsey Peak Wilderness 

Leatherwood Wilderness 

Poteau Mountain Wilderness 

Richland Creek Wilderness 

Upper Buffalo Wilderness 

140 
 

 

 

 

 

 

Vessel General Permit (VGP) 

California 

Agua Tibia Wilderness 

Ansel Adams Wilderness 

Argus Range Wilderness 

Big Maria Mountains Wilderness 

Bigelow Cholla Garden 

Wilderness 

Bighorn Mountain Wilderness 

Black Mountain Wilderness 

Bright Star Wilderness 

Bristol Mountains Wilderness 

Bucks Lake Wilderness 

Cache Creek Wilderness 

Cadiz Dunes Wilderness 

Caribou Wilderness 

Carrizo Gorge Wilderness 

Carson-Iceberg Wilderness 

Castle Crags Wilderness 

Cedar Roughs Wilderness 

Chanchelulla Wilderness 

Chemehuevi Mountains 

Wilderness 

Chimney Peak Wilderness 

Chuckwalla Mountains 

Wilderness 

Chumash Wilderness 

Cleghorn Lakes Wilderness 

Clipper Mountain Wilderness 

Coso Range Wilderness 

Coyote Mountains Wilderness 

Cucamonga Wilderness 

Darwin Falls Wilderness 

Dead Mountains Wilderness 

Death Valley Wilderness 

Desolation Wilderness 

Dick Smith Wilderness 

Dinkey Lakes Wilderness 

Domeland Wilderness 

El Paso Mountains Wilderness 

Emigrant Wilderness 

Farallon Wilderness 

Fish Creek Mountains Wilderness 

Funeral Mountains Wilderness 

Garcia Wilderness 

Golden Trout Wilderness 

Golden Valley Wilderness 

Granite Chief Wilderness 

Grass Valley Wilderness 

Hauser Wilderness 

Havasu Wilderness 

Hollow Hills Wilderness 

Hoover Wilderness 

Ibex Wilderness 

Imperial Refuge Wilderness 

Indian Pass Wilderness 

Inyo Mountains Wilderness 

Ishi Wilderness 

Jacumba Wilderness 

Jennie Lakes Wilderness 

John Muir Wilderness 

Joshua Tree Wilderness 

Kaiser Wilderness 

Kelso Dunes Wilderness 

Kiavah Wilderness 

King Range Wilderness 

Kingston Range Wilderness 

Lassen Volcanic Wilderness 

Lava Beds Wilderness 

Little Chuckwalla Mountains 

Wilderness 

Little Picacho Wilderness 

Machesna Mountain Wilderness 

Malpais Mesa Wilderness 

Manly Peak Wilderness 

Marble Mountain Wilderness 

Matilija Wilderness 

Mecca Hills Wilderness 

Mesquite Wilderness 

Mojave Wilderness 

Mokelumne Wilderness 

Monarch Wilderness 

Mount Lassic Wilderness 

Mt. Shasta Wilderness 

Newberry Mountains Wilderness 

Nopah Range Wilderness 

North Algodones Dunes 

Wilderness 

North Fork Wilderness 

North Mesquite Mountains 

Wilderness 

Old Woman Mountains 

Wilderness 

Orocopia Mountains Wilderness 

Otay Mountain Wilderness 

Owens Peak Wilderness 

Pahrump Valley Wilderness 

Palen/McCoy Wilderness 

Palo Verde Mountains Wilderness 

Phillip Burton Wilderness 

Picacho Peak Wilderness 

Pine Creek Wilderness 

Pinnacles Wilderness 

Piper Mountain Wilderness 

Piute Mountains Wilderness 

Red Buttes Wilderness 

Resting Spring Range Wilderness 

Rice Valley Wilderness 

Riverside Mountains Wilderness 

Rodman Mountains Wilderness 

Russian Wilderness 

Sacatar Trail Wilderness 

Saddle Peak Hills Wilderness 

San Gabriel Wilderness 

San Gorgonio Wilderness 

San Jacinto Wilderness 

San Mateo Canyon Wilderness 

San Rafael Wilderness 

Sanhedrin Wilderness 

Santa Lucia Wilderness 

Santa Rosa Wilderness 

Sawtooth Mountains Wilderness 

Sequoia-Kings Canyon 

Wilderness 

Sespe Wilderness 

Sheep Mountain Wilderness 

Sheephole Valley Wilderness 

Silver Peak Wilderness 

Siskiyou Wilderness 

Snow Mountain Wilderness 

South Fork Eel River Wilderness 

South Nopah Range Wilderness 

South Sierra Wilderness 

South Warner Wilderness 

Stateline Wilderness 

Stepladder Mountains Wilderness 

Surprise Canyon Wilderness 

Sylvania Mountains Wilderness 

Thousand Lakes Wilderness 

Trilobite Wilderness 

Trinity Alps Wilderness 

Turtle Mountains Wilderness 

Ventana Wilderness 

Whipple Mountains Wilderness 

Yolla Bolly-Middle Eel 

Wilderness 

Yosemite Wilderness 

Yuki Wilderness 

141 
 

 

 

 

 

 

 

Vessel General Permit (VGP) 

Colorado 

Black Canyon of the Gunnison 

Wilderness 

Black Ridge Canyons Wilderness 

Buffalo Peaks Wilderness 

Byers Peak Wilderness 

Cache La Poudre Wilderness 

Collegiate Peaks Wilderness 

Comanche Peak Wilderness 

Eagles Nest Wilderness 

Flat Tops Wilderness 

Fossil Ridge Wilderness 

Great Sand Dunes Wilderness 

Greenhorn Mountain Wilderness 

Gunnison Gorge Wilderness 

Holy Cross Wilderness 

Florida 

Alexander Springs Wilderness 

Big Gum Swamp Wilderness 

Billies Bay Wilderness 

Bradwell Bay Wilderness 

Cedar Keys Wilderness 

Chassahowitzka Wilderness 

Georgia 

Big Frog Wilderness 

Blackbeard Island Wilderness 

Blood Mountain Wilderness 

Brasstown Wilderness 

Cohutta Wilderness 

Hawaii 

Haleakala Wilderness 

Idaho 

Craters of the Moon National 

Wilderness Area 

Frank Church-River of No Return 

Wilderness 

Illinois 

Bald Knob Wilderness 

Bay Creek Wilderness 

Burden Falls Wilderness 

Indiana 

Charles C. Deam Wilderness 

Kentucky 

Beaver Creek Wilderness 

Hunter-Fryingpan Wilderness 

Indian Peaks Wilderness 

James Peak Wilderness 

La Garita Wilderness 

Lizard Head Wilderness 

Lost Creek Wilderness 

Maroon Bells-Snowmass 

Wilderness 

Mesa Verde Wilderness 

Mount Evans Wilderness 

Mount Massive Wilderness 

Mount Sneffels Wilderness 

Mount Zirkel Wilderness 

Neota Wilderness 

Never Summer Wilderness 

Florida Keys Wilderness 

Island Bay Wilderness 

J.N. "Ding" Darling Wilderness 

Juniper Prairie Wilderness 

Lake Woodruff Wilderness 

Little Lake George Wilderness 

Cumberland Island Wilderness 

Ellicott Rock Wilderness 

Mark Trail Wilderness 

Okefenokee Wilderness 

Raven Cliffs Wilderness 

Platte River Wilderness 

Powderhorn Wilderness 

Ptarmigan Peak Wilderness 

Raggeds Wilderness 

Rawah Wilderness 

Sangre de Cristo Wilderness 

Sarvis Creek Wilderness 

South San Juan Wilderness 

Spanish Peaks Wilderness 

Uncompahgre Wilderness 

Vasquez Peak Wilderness 

Weminuche Wilderness 

West Elk Wilderness 

Marjory Stoneman Douglas 

Wilderness 

Mud Swamp/New River 

Wilderness 

Passage Key Wilderness 

Pelican Island Wilderness 

St. Marks Wilderness 

Rich Mountain Wilderness 

Southern Nantahala Wilderness 

Tray Mountain Wilderness 

Wolf Island Wilderness 

Hawaii Volcanoes Wilderness 

Gospel-Hump Wilderness Sawtooth Wilderness 

Hells Canyon Wilderness Selway-Bitterroot Wilderness 

Clear Springs Wilderness Lusk Creek Wilderness 

Crab Orchard Wilderness Panther Den Wilderness 

Garden of the Gods Wilderness 

Clifty Wilderness 

142 
 

 

 

 

 

 

 

 

Vessel General Permit (VGP) 

Louisiana 

Breton Wilderness 

Maine 

Caribou-Speckled Mountain 

Wilderness 

Massachusetts 

Monomoy Wilderness 

Michigan 

Big Island Lake Wilderness 

Delirium Wilderness 

Horseshoe Bay Wilderness 

Huron Islands Wilderness 

Isle Royale Wilderness 

Minnesota 

Agassiz Wilderness 

Mississippi 

Black Creek Wilderness 

Missouri 

Bell Mountain Wilderness 

Devils Backbone Wilderness 

Hercules-Glades Wilderness 

Montana 

Absaroka-Beartooth Wilderness 

Anaconda Pintler Wilderness 

Bob Marshall Wilderness 

Cabinet Mountains Wilderness 

Gates of the Mountains 

Wilderness 

Nebraska 

Fort Niobrara Wilderness 

Nevada 

Alta Toquima Wilderness 

Arc Dome Wilderness 

Arrow Canyon Wilderness 

Bald Mountain Wilderness 

Becky Peak Wilderness 

Big Rocks Wilderness 

Black Canyon Wilderness 

Black Rock Desert Wilderness 

Boundary Peak Wilderness 

Bridge Canyon Wilderness 

Bristlecone Wilderness 

Calico Mountains Wilderness 

Kisatchie Hills Wilderness 

Moosehorn (Baring Unit) 

Wilderness 

Mackinac Wilderness 

McCormick Wilderness 

Michigan Islands Wilderness 

Nordhouse Dunes Wilderness 

Rock River Canyon Wilderness 

Boundary Waters Canoe Area 

Wilderness 

Gulf Islands Wilderness 

Irish Wilderness 

Mingo Wilderness 

Paddy Creek Wilderness 

Great Bear Wilderness 

Lee Metcalf Wilderness 

Medicine Lake Wilderness 

Mission Mountains Wilderness 

Rattlesnake Wilderness 

Soldier Creek Wilderness 

High Rock Canyon Wilderness 

High Rock Lake Wilderness 

High Schells Wilderness 

Highland Ridge Wilderness 

Ireteba Peaks Wilderness 

Jarbidge Wilderness 

Jimbilnan Wilderness 

Jumbo Springs Wilderness 

La Madre Mountain Wilderness 

Lime Canyon Wilderness 

Little High Rock Canyon 

Wilderness 

Lacassine Wilderness 

Moosehorn Wilderness 

Round Island Wilderness 

Seney Wilderness 

Sturgeon River Gorge Wilderness 

Sylvania Wilderness 

Tamarac Wilderness 

Leaf Wilderness 

Piney Creek Wilderness 

Rockpile Mountain Wilderness 

Red Rock Lakes Wilderness 

Scapegoat Wilderness 

Selway-Bitterroot Wilderness 

UL Bend Wilderness 

Welcome Creek Wilderness 

North McCullough Wilderness 

Pahute Peak Wilderness 

Parsnip Peak Wilderness 

Pinto Valley Wilderness 

Quinn Canyon Wilderness 

Rainbow Mountain Wilderness 

Red Mountain Wilderness 

Ruby Mountains Wilderness 

Santa Rosa-Paradise Peak 

Wilderness 

Shellback Wilderness 

South Egan Range Wilderness 

143 
 

 

 

 

Vessel General Permit (VGP) 

Clover Mountains Wilderness 

Currant Mountain Wilderness 

Death Valley Wilderness 

Delamar Mountains Wilderness 

East Fork High Rock Canyon 

Wilderness 

East Humboldts Wilderness 

Eldorado Wilderness 

Far South Egans Wilderness 

Fortification Range Wilderness 

Goshute Canyon Wilderness 

Government Peak Wilderness 

Grant Range Wilderness 

New Hampshire 

Great Gulf Wilderness 

Pemigewasset Wilderness 

New Jersey 

Brigantine Wilderness 

New Mexico 

Aldo Leopold Wilderness 

Apache Kid Wilderness 

Bandelier Wilderness 

Bisti/De-Na-Zin Wilderness 

Blue Range Wilderness 

Bosque del Apache Wilderness 

Capitan Mountains Wilderness 

Carlsbad Caverns Wilderness 

New York 

Meadow Valley Range 

Wilderness 

Mormon Mountains Wilderness 

Mount Grafton Wilderness 

Mt. Charleston Wilderness 

Mt. Irish Wilderness 

Mt. Moriah Wilderness 

Mt. Rose Wilderness 

Muddy Mountains Wilderness 

Nellis Wash Wilderness 

North Black Rock Range 

Wilderness 

North Jackson Mountains 

Wilderness 

Presidential Range-Dry River 

Wilderness 

Sandwich Range Wilderness 

Great Swamp National Wildlife 

Refuge Wilderness 

Cebolla Wilderness 

Chama River Canyon Wilderness 

Cruces Basin Wilderness 

Dome Wilderness 

Gila Wilderness 

Latir Peak Wilderness 

Manzano Mountain Wilderness 

Ojito Wilderness 

Otis Pike Fire Island High Dune Wilderness 

North Carolina 

Birkhead Mountains Wilderness 

Catfish Lake South Wilderness 

Ellicott Rock Wilderness 

Joyce Kilmer-Slickrock 

Wilderness 

North Dakota 

Chase Lake Wilderness 

Ohio 

West Sister Island Wilderness 

Oklahoma 

Black Fork Mountain Wilderness 

Linville Gorge Wilderness 

Middle Prong Wilderness 

Pocosin Wilderness 

Pond Pine Wilderness 

Lostwood Wilderness 

Upper Kiamichi River Wilderness 

South Jackson Mountains 

Wilderness 

South McCullough Wilderness 

South Pahroc Range Wilderness 

Spirit Mountain Wilderness 

Table Mountain Wilderness 

Tunnel Spring Wilderness 

Wee Thump Joshua Tree 

Wilderness 

Weepah Spring Wilderness 

White Pine Range Wilderness 

White Rock Range Wilderness 

Worthington Mountains 

Wilderness 

Wild River Wilderness 

Pecos Wilderness 

Salt Creek Wilderness 

San Pedro Parks Wilderness 

Sandia Mountain Wilderness 

West Malpais Wilderness 

Wheeler Peak Wilderness 

White Mountain Wilderness 

Withington Wilderness 

Sheep Ridge Wilderness 

Shining Rock Wilderness 

Southern Nantahala Wilderness 

Swanquarter Wilderness 

Theodore Roosevelt Wilderness 

Wichita Mountains Wilderness 

144 
 

 

 

 

 

 

 

Vessel General Permit (VGP) 

Oregon 

Badger Creek Wilderness Menagerie Wilderness Rock Creek Wilderness 

Black Canyon Wilderness Middle Santiam Wilderness Rogue-Umpqua Divide 

Boulder Creek Wilderness Mill Creek Wilderness Wilderness 

Bridge Creek Wilderness Monument Rock Wilderness Salmon-Huckleberry Wilderness 

Bull of the Woods Wilderness Mount Hood Wilderness Sky Lakes Wilderness 

Cummins Creek Wilderness Mount Jefferson Wilderness Steens Mountain Wilderness 

Diamond Peak Wilderness Mount Thielsen Wilderness Strawberry Mountain Wilderness 

Drift Creek Wilderness Mount Washington Wilderness Table Rock Wilderness 

Eagle Cap Wilderness Mountain Lakes Wilderness Three Arch Rocks Wilderness 

Gearhart Mountain Wilderness North Fork John Day Wilderness Three Sisters Wilderness 

Grassy Knob Wilderness North Fork Umatilla Wilderness Waldo Lake Wilderness 

Hells Canyon Wilderness Opal Creek Wilderness Wenaha-Tucannon Wilderness 

Kalmiopsis Wilderness Oregon Islands Wilderness Wild Rogue Wilderness 

Mark O. Hatfield Wilderness Red Buttes Wilderness 

Pennsylvania 

Allegheny Islands Wilderness Hickory Creek Wilderness

 Puerto Rico 

El Toro Wilderness 

South Carolina 

Cape Romain Wilderness Hell Hole Bay Wilderness Wambaw Swamp Wilderness 

Congaree National Park Little Wambaw Swamp 

Wilderness Wilderness 

Ellicott Rock Wilderness Wambaw Creek Wilderness 

South Dakota 

Badlands Wilderness Black Elk Wilderness 

Tennessee 

Bald River Gorge Wilderness Cohutta Wilderness Pond Mountain Wilderness 

Big Frog Wilderness Gee Creek Wilderness Sampson Mountain Wilderness 

Big Laurel Branch Wilderness Joyce Kilmer-Slickrock Unaka Mountain Wilderness 

Citico Creek Wilderness Wilderness 

Little Frog Mountain Wilderness 

Texas 

Big Slough Wilderness Indian Mounds Wilderness Turkey Hill Wilderness 

Guadalupe Mountains Wilderness Little Lake Creek Wilderness Upland Island Wilderness 

Utah 

Ashdown Gorge Wilderness Deseret Peak Wilderness Mount Timpanogos Wilderness 

Beaver Dam Mountains High Uintas Wilderness Paria Canyon-Vermilion Cliffs 

Wilderness Lone Peak Wilderness Wilderness 

Black Ridge Canyons Wilderness Mount Naomi Wilderness Pine Valley Mountain Wilderness 

Box-Death Hollow Wilderness Mount Nebo Wilderness Twin Peaks Wilderness 

Cedar Mountain Wilderness Area Mount Olympus Wilderness Wellsville Mountain Wilderness 

Dark Canyon Wilderness 

145 
 

 

 

 

 

 

Vessel General Permit (VGP) 

Vermont 

Big Branch Wilderness 

Breadloaf Wilderness 

Bristol Cliffs Wilderness 

Virginia 

Barbours Creek Wilderness 

Beartown Wilderness 

James River Face Wilderness 

Kimberling Creek Wilderness 

Lewis Fork Wilderness 

Little Dry Run Wilderness 

Washington 

Alpine Lakes Wilderness 

Boulder River Wilderness 

Buckhorn Wilderness 

Clearwater Wilderness 

Colonel Bob Wilderness 

Glacier Peak Wilderness 

Glacier View Wilderness 

Goat Rocks Wilderness 

Henry M. Jackson Wilderness 

Indian Heaven Wilderness 

West Virginia 

Cranberry Wilderness 

Dolly Sods Wilderness 

Wisconsin 

Blackjack Springs Wilderness 

Gaylord A. Nelson Wilderness 

Headwaters Wilderness 

Wyoming 

Absaroka-Beartooth Wilderness 

Bridger Wilderness 

Cloud Peak Wilderness 

Encampment River Wilderness 

Fitzpatrick Wilderness 

George D. Aiken Wilderness 

Glastenbury Wilderness 

Joseph Battell Wilderness 

Little Wilson Creek Wilderness 

Mountain Lake Wilderness 

Peters Mountain Wilderness 

Priest Wilderness 

Ramseys Draft Wilderness 

Rich Hole Wilderness 

Juniper Dunes Wilderness 

Lake Chelan-Sawtooth 

Wilderness 

Mount Adams Wilderness 

Mount Baker Wilderness 

Mount Rainier Wilderness 

Mount Skokomish Wilderness 

Noisy-Diobsud Wilderness 

Norse Peak Wilderness 

Olympic Wilderness 

Pasayten Wilderness 

Laurel Fork North Wilderness 

Laurel Fork South Wilderness 

Porcupine Lake Wilderness 

Rainbow Lake Wilderness 

Whisker Lake Wilderness 

Gros Ventre Wilderness 

Huston Park Wilderness 

Jedediah Smith Wilderness 

North Absaroka Wilderness 

Platte River Wilderness 

Lye Brook Wilderness 

Peru Peak Wilderness 

Rough Mountain Wilderness 

Saint Mary's Wilderness 

Shawvers Run Wilderness 

Shenandoah Wilderness 

Three Ridges Wilderness 

Thunder Ridge Wilderness 

Salmo-Priest Wilderness 

San Juan Wilderness 

Stephen Mather Wilderness 

Tatoosh Wilderness 

The Brothers Wilderness 

Trapper Creek Wilderness 

Washington Islands Wilderness 

Wenaha-Tucannon Wilderness 

William O. Douglas Wilderness 

Wonder Mountain Wilderness 

Mountain Lake Wilderness 

Otter Creek Wilderness 

Wisconsin Islands Wilderness 

Popo Agie Wilderness 

Savage Run Wilderness 

Teton Wilderness 

Washakie Wilderness 

Winegar Hole Wilderness 

12.1.5 National Wild and Scenic Rivers 

Alagnak, Alaska Au Sable, Michigan 

Alatna, Alaska Bear Creek, Michigan 

Allagash Wilderness Waterway, Maine Beaver Creek, Alaska 

Allegheny, Pennsylvania Big and Little Darby Creeks, Ohio 

American (Lower), California Big Marsh Creek, Oregon 

Andreafsky, Alaska Big Piney Creek, Arkansas 

Aniakchak, Alaska Big Sur, California 

146 
 Vessel General Permit (VGP) 

Birch Creek, Alaska 

Black Butte, California 

Black Creek, Mississippi 

Black, Michigan 

Bluestone, West Virginia 

Buffalo, Arkansas 

Cache la Poudre, Colorado 

Carp, Michigan 

Charley, Alaska 

Chattooga, Georgia, North and South 

Carolina 

Chetco, Oregon 

Chilikadrotna, Alaska 

Clackamas, Oregon 

Clarion, Pennsylvania 

Clarks Fork Yellowstone, Wyoming 

Cossatot, Arkansas 

Crescent Creek, Oregon 

Crooked, Oregon 

Delaware (Lower), New Jersey & 

Pennsylvania 

Delaware (Middle), New Jersey & 

Pennsylvania 

Delaware (Upper), New York & 

Pennsylvania 

Delta, Alaska 

Deschutes, Oregon 

Donner und Blitzen, Oregon 

Eagle Creek, Oregon 

East Branch Tahquamenon, Michigan 

East Fork Jemez, New Mexico 

Eel, California 

Eleven Point, Missouri 

Elk, Oregon 

Elkhorn Creek, Oregon 

Farmington (West Branch), 

Connecticut 

Feather, California 

Flathead, Montana 

Fortymile, Alaska 

Grande Ronde, Oregon 

Great Egg Harbor, New Jersey 

Gulkana, Alaska 

Horsepasture, North Carolina 

Hurricane Creek, Arkansas 

Illinois, Oregon 

Imnaha, Oregon 

Indian, Michigan 

Ivishak, Alaska 

John Day, Oregon 

John, Alaska 

Joseph Creek, Oregon 

Kern, California 

Kings, California 

Klamath, California 

Klickitat, Washington 

Kobuk, Alaska 

Lamprey, New Hampshire 

Little Beaver, Ohio 

Little Deschutes, Oregon 

Little Miami, Ohio 

Little Missouri, Arkansas 

Lostine, Oregon 

Loxahatchee, Florida 

Lumber, North Carolina 

Malheur, Oregon 

Manistee, Michigan 

Maurice, New Jersey 

McKenzie, Oregon 

Merced, California 

Metolius, Oregon 

Middle Fork Clearwater, Idaho 

Middle Fork Salmon, Idaho 

Middle Fork Vermilion, Illinois 

Minam, Oregon 

Missouri, Montana 

Mulberry, Arkansas 

Mulchatna, Alaska 

Musconetcong, New Jersey 

New, North Carolina 

Niobrara, Nebraska 

Noatak, Alaska 

North Fork American, California 

North Fork Crooked, Oregon 

North Fork John Day, Oregon 

North Fork Koyukuk, Alaska 

North Fork Malheur, Oregon 

North Fork Middle Fork Willamette, 

Oregon 

North Fork Owyhee, Oregon 

North Fork Smith, Oregon 

North Fork Sprague, Oregon 

147 
 Vessel General Permit (VGP) 

North Powder, Oregon 

North Sylamore Creek, Arkansas 

North Umpqua, Oregon 

Nowitna, Alaska 

Obed, Tennessee 

Ontonagon, Michigan 

Owyhee, Oregon 

Paint, Michigan 

Pecos, New Mexico 

Pere Marquette, Michigan 

Pine, Michigan 

Powder, Oregon 

Presque Isle, Michigan 

Quartzville Creek, Oregon 

Rapid, Idaho 

Red, Kentucky 

Richland Creek, Arkansas 

Rio Chama, New Mexico 

Rio de la Mina, Puerto Rico 

Rio Grande, New Mexico 

Rio Grande, Texas 

Rio Icacos, Puerto Rico 

Rio Mameyes, Puerto Rico 

Roaring, Oregon 

Rogue, Oregon 

Saint Joe, Idaho 

Saline Bayou, Louisiana 

Salmon, Alaska 

Salmon, Idaho 

Salmon, Oregon 

Sandy, Oregon 

Selawik, Alaska 

Sespe Creek, California 

Sheenjek, Alaska 

Sipsey Fork West Fork, Alabama 

Sisquoc, California 

Skagit, Washington 

Smith, California 

Snake, Idaho & Oregon 

South Fork John Day, Oregon 

Squaw Creek, Oregon 

St. Croix (Lower) Minnesota & 

Wisconsin 

St. Croix (Lower), Minnesota & 

Wisconsin 

St. Croix, Minnesota & Wisconsin 

Sturgeon, Michigan (Hiawatha 

National Forest) 

Sturgeon, Michigan (Ottawa National 

Forest) 

Sudbury, Assabet, Concord, 

Massachusetts 

Sycan, Oregon 

Tinayguk, Alaska 

Tlikakila, Alaska 

Trinity, California 

Tuolumne, California 

Unalakleet, Alaska 

Upper Rogue, Oregon 

Verde, Arizona 

Wallowa, Oregon 

Wekiva, Florida 

Wenaha, Oregon 

West Little Owyhee, Oregon 

Westfield, Massachusetts 

White Clay Creek, Delaware & 

Pennsylvania 

White Salmon, Washington 

White, Oregon 

Whitefish, Michigan 

Wildcat River, New Hampshire 

Wildhorse and Kiger Creeks, Oregon 

Wilson Creek, North Carolina 

Wind, Alaska 

Wolf, Wisconsin 

Yellow Dog, Michigan 

12.1.6 Outstanding National Resource Water (ONRW) designated by a State or 

Tribe 

States have an obligation under the antidegradation policy of the Clean Water Act 

to ensure that water quality is maintained and protected where "high quality waters 

constitute an outstanding National resource, such as water of National and State parks 

and wildlife refuges and waters of exceptional recreational or ecological significance." 40 

CFR 131.12(a)(3). 

148 
 Vessel General Permit (VGP) 

Water Resources Boards may designate certain waters, including wetlands, as 

outstanding under state and federal law. When waters are designated, their existing water 

quality shall, at a minimum, be protected and maintained. Because ONRWs are 

designated by each state, permittees should consult state water quality management 

agencies to determine if ONRWs exist in the area where they may operate their vessel. 

149 
 

 

 

Vessel General Permit (VGP) 

13. Appendix H – One Time Report. 

EPA United States Environmental Protection Agency 

Washington, DC 20460 Form Approved OMB No. 

One Time Report for Discharges Incidental to the Normal Operation 2040-0004 

Of a Vessel under the NPDES Vessel General Permit 

Commercial Vessel General Permit – One Time Permit Report 

Date: 

Owner Name and Address: 

Operator Name and Address: 

Vessel Name: Flag: 

Vessel Gross Tonnage: GROSS TONS
 

Vessel Length: FEET / METERS (CIRCLE ONE) 

Questions YES NO

1. Have all the monitoring conditions and visual inspection requirements in this YES NO 

General Permit (Part 4 and Part 5 if applicable) that apply to your vessel been 

met since the beginning of its coverage? If you answered “NO,” please check 

which requirements were not met in the space provided below: 

 Routine inspections

 Annual inspections 

Analytical monitoring (if applicable) 

Drydock inspection (if applicable) 

Other (please explain) 

2. Have any corrective actions required by this General Permit (Part 3 of this Permit) that apply 

to your vessel been necessary since the beginning of its coverage?

 None 

1-5 corrective actions 

6-10 corrective actions 

11-20 corrective actions 

21-30 corrective actions 

More than 30 corrective actions 

150 
 

 

 

 

 

Vessel General Permit (VGP) 

3. Have modifications requiring new parts or the installation of new equipment 

been made to your vessel since the beginning of its coverage under this General 

Permit for the purpose of meeting the conditions or limitations (Part 3) of this 

Permit? If you answered “YES,” then how many modifications have you made? 

One 

Two 

Three or more 

YES NO 

4. Have any standard operating procedures for your vessel been modified since 

the beginning of its coverage under this General Permit for the purpose of 

meeting the conditions or limitations? If you answered “YES,” then how many? 

One 

Two 

Three or more 

YES NO 

5. Have you conducted all the environmental training related to your vessel that 

is required under this General Permit since the beginning of its coverage?

 Required Training For Crew YES NO

 Required Training For Passengers (if not applicable, leave blank) YES NO 

6. Have you experienced any undue delays in operation of your vessel since the 

beginning of its coverage under this General Permit that are directly the result of 

compliance with the requirements of the Permit? If you answered “YES,” please 

provide a brief description of each instance in the space provided below. 

YES NO 

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14. Appendix I– Discharge Monitoring Report. 

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15. Appendix J - Procedure for Whole Effluent Toxicity Testing of Ballast 

Water 

This appendix applies to any vessels subject to Part 5.8.1.2 of this permit. 

15.1 Required Toxicity Testing 

A. For all ships which discharge salt water ballast into salt water or fresh water environments, or 

fresh water ballast into salt water environments, the testing for all ballast water biocides must 

include the chronic WET testing contained within this section. The permittee must conduct tests 

on at least 1 vertebrate, 1 invertebrate, and 1 plant of the species listed for each of the following 

groups: 

Group A: 

•	 7-day survival and growth test with silverside minnows (Menidia beryllina in EPA/821­

R-02-014), 

OR 

•	 7-day survival and growth test with topsmelt (Atherinops affinis in EPA/600-R-95-136 ). 

Group B: 

•	 7-day survival and growth test with a mysid (Americamysis bahia in EPA/821-R-02-014), 

OR 

•	 7-day survival and growth test with a the Pacific mysid (Holmesimysis costata in 

EPA/600-R-95-136), 

OR 

•	 48-hour bivalve fertilization with the Mussel (Mytilus sp. in EPA/600-R-95-136) or 

Oyster (Crassostrea gigas in EPA/600-R-95-136), 

OR 

•	 1-hour fertilization with the Purple Urchin (S. pupuratus in EPA/600-R-95-136) or Sand 

dollar (Dendraster excentricus in EPA/600-R-95-136). 

Group C: 

•	 72-hour growth inhibition test with a marine diatom (Skeletonema costatum according to 

ISO 10253), 

OR 

•	 48-hour germination and germ-tube length test with the Giant kelp (Macrocystis pyrifera 

in EPA/600-R-95-136). 

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B. If you have not completed testing under Part A above, ships which discharge fresh water 

ballast into fresh water environments (e.g. Lakers), the testing for all ballast water biocides must 

include the following chronic WET testing: 

•	 7-day survival and growth test with fathead minnows (Pimephales promelas in EPA/821­

R-02-013) 

•	 7-day survival and reproduction test with a cladoceran (Ceriodaphnia dubia in EPA/821­

R-02-013) 

•	 96-hour growth inhibition test with the n algal species (Pseudokirchneriella subcapitata 

(historically referred to as Selenastrum capricornutum) in EPA/821-R-02-013) 

15.2	 Testing and reporting instructions: 

A. Definition of Whole Effluent Toxicity 

Whole effluent toxicity measures the effect (e.g., mortality, reduced growth, 

reproduction) to test organisms exposed to an effluent compared to control organisms. The goal 

of the chronic test is to determine if an effluent contains toxic materials in chronically toxic 

concentrations. In addition to mortality, these tests test help identify sublethal effects on test 

organisms such as reduced reproduction and growth. Effect concentration (EC) is a point 

estimate of the toxicant concentration (expressed as a percent) that would cause an observable 

effect (e.g., death, reduced growth) in a given percent of test organisms, calculated from a 

continuous model (e.g. Probit Model). EC25 is a point estimate of the toxicant concentration that 

would cause an observable adverse effect in 25 percent of test organisms. Chronic test results 

shall be reported in TUc, where TUc = 100/EC25. For a discharge evaluated for chronic toxicity, 

toxicity is defined by an exceedance of this permit condition is defined by of a chronic toxicity 

discharge value of 1.0 TUc as a monthly median or 1.6 TUc as a daily maximum. If the toxicity 

of the treatment system results in a discharge which exceeds 1.0 TUc as a monthly median or 1.6 

TUc as a daily maximum, EPA may require the owner/operator to cease discharging from the 

treatment system until they obtain coverage under an individual NPDES permit. 

B. General Test Instructions 

Unless modified for reasons identified below, the effluent must be sampled and whole 

effluent toxicity testing conducted according to methods at 40 CFR Part 136.3, Table 1A, or via 

EPA/821-R-02-13, EPA/821-R-02/014, or EPA/600-R-95-136. 

1. Biocide solutions should be stored in the dark at 8 ± 1oC with minimal headspace. 

The storage container should be made out of a substance to which the biocide 

would not adsorb or react. 

2. If the biocide concentration can be analyzed reliably in the toxicity testing lab, 

then it should be done in one test chamber (or a surrogate) at each test 

concentration at the beginning and end of the test. If it can't be measured reliably, 

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then the concentrations should be assumed to be as prepared. If the concentration 

cannot be easily measured, do not attempt Option 16.2.C, below. 

3. 7-day chronic tests should be started with freshly prepared biocide solution and 

renewed with biocide solution that is freshly prepared during the 7 days of the 

test. 

4. All samples of ballast water taken for testing shall be composites of at least 4 grab 

samples, taken at approximately equal intervals during a ballast water discharge 

event, and shall include water discharged near the beginning and near the end of 

the discharge event. 

5. Holding times from completion of sample collection until toxicity test initiation 

shall not exceed 36 hours. 

C. Quality Assurance 

•	 A series of five dilutions and a control shall be tested. A dilution series of 12.5%, 25%, 

50%, 62.5, and 100% from the ballast water treatment system shall be provided. These 

will provide data that are comparable among the submissions. 

•	 If organisms are not cultured in-house, concurrent testing with reference toxicants shall 

be conducted. Where organisms are cultured in-house, monthly reference toxicant testing 

is sufficient. 

•	 If either the reference toxicant tests or the effluent tests do not meet all test acceptability 

criteria as specified in the test methods manual, then the permittee must re-sample and retest within approximately 14 days or during the first discharge event upon reentering 

waters subject to this permit, whichever is later. 

•	 Reference toxicant tests shall be conducted using the same test conditions as effluent 

toxicity tests (i.e., same test duration, etc.). 

•	 Control and dilution water should be laboratory water, as described in the test methods 

manual. If the dilution water used is different from the culture water, a second control 

using culture water shall also be tested. 

•	 When effluent monitoring frequencies for whole effluent toxicity and priority pollutants 

are concurrent, then chemical analyses for priority pollutants shall be performed on a split 

of the sample collected for whole effluent toxicity testing. 

D. Reporting 

Test reports must meet the reporting requirements in the EPA toxicity testing manuals 

(EPA/821-R-02-13, EPA/821-R-02-014, or EPA/600-R-95-136), and describe test conditions 

such as test chamber size, solution volume, temperature, dilution water source, exact test start 

time, exact test end time, etc. Test reports must contain a readable copy of all hand-written bench 

sheets. The bench sheets must include both the toxicological and water chemistry data for the 

biocide tests. The bench sheets must contain actual counts (not percentages) in order to be 

acceptable. Start counts must be clearly recorded on the bench sheet. The test report must include 

computer printouts of test data and statistical analyses. Test organism source, age, and unusual 

conditions must be reported. Each test report must contain a section where all deviations from 

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test protocols must be accurately listed or the absence of such deviations noted. The results of 

range-finding tests must also be included if they were used to determine the most sensitive 

species prior to definitive testing. 

15.3 Ballast Water Treatment System Options 

The testing and report must support one of the two options below depending on the 

nature of the treatment system and biocide. Performing more than one of the testing options 

described below may make sense. A combined strategy, for example, could allow approval 

conditions for biocide neutralization if discharge must happen earlier than the approved 

minimum time needed for biocide degradation. Please anticipate all circumstances before 

choosing one or more of the testing options: 

A. Biocide Toxicity Testing to Demonstrate Zero Toxicity at Ballast Water Discharge 

A convenient type of ballast water treatment system is one which uses a biocide which 

begins as highly toxic and gradually becomes nontoxic due to volatilization, reaction, or 

degradation during a voyage. The ship operator will not need to measure the biocide 

concentration in the ballast water at discharge but will only need to document the biocide dose 

and the time elapsed from treatment to discharge. Toxicity testing will be used to determine the 

minimum time allowed between treatment and discharge. The steps in this determination are: 

1) Determine a maximum biocide concentration which will be used. 

2) Add the biocide to the water to be used as ballast up to that concentration and 

hold under conditions that are as close as possible to actual use in a ballast tank. 

3) These storage conditions would include 8 ± 1oC in the dark. 

4) The surface area to volume ratio of the storage container should be as small as 

practical in order to resemble a ballast tank. The storage container should be made 

out of a substance to which the biocide would not adsorb or react. 

5) Separate toxicity tests must be conducted on each sample drawn from the storage 

container every four hours over a 24-hour time period chosen so that the 

estimated time for the disappearance of toxicity is near the end of the 24 hours. 

6) A pretest may be needed to estimate the time for disappearance of biocide 

toxicity. The pretest may also determine the most sensitive species so only that 

species needs tested with all of the samples. Concentration series are not required 

since a time series is the testing goal. 

7) An alternate approach is to prepare separate volumes of biocide treated water at 4­

hour intervals and subsequently initiate all of the toxicity tests at the same time on 

samples drawn from each volume. 

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8)	 An example of an efficient method for the alternative approach is to setup a 

schedule similar to the following: 

i) Prepare biocide-treated water at 4:00, 8:00, 12:00, 16:00, and 20:00 on one day. 

ii) At 16:00 on a subsequent day predicted to be the beginning of the last 24 hours of 

toxicity, use the treated water prepared at 4:00, 8:00, 12:00, and 16:00 to start 

tests. 

iii)	 Start tests at 12:00 on the next day using the treated water prepared at 12:00, 

16:00, and 20:00, and then do the daily renewals, etc. as soon as possible for the 

tests begun on the first day. 

iv)	 Conduct daily renewals, etc. at 14:00 for the duration of the testing. 

2)	 Exercise caution in setting an alternative testing schedule so that the minimum time 

needed before ballast water discharge is not overestimated and ship operators are not 

needlessly inconvenienced. 

3)	 The earliest sample to produce no statistically significant toxicity relative to a concurrent 

control test will be the indicator of the minimum time needed before discharge. 

B. Toxicity Testing to Verify Biocide Neutralization 

Another type of ballast water treatment system that would be protective of the 

environment is one which uses a biocide that would stay toxic during the voyage and could be 

neutralized just prior to discharge. The neutralizing chemical might also have some toxicity but 

this toxicity would be less than the toxicity of the biocide that it neutralizes. Toxicity testing 

should focus on determining the margin between the concentration of the neutralizing chemical 

which effectively eliminates biocide toxicity and the toxic threshold of the neutralizing chemical 

itself. Any toxic reaction byproducts produced by the neutralization will be discovered during the 

toxicity testing. 

The general process is: 

1)	 The 25% effect level is used by EPA as an estimate of the toxic threshold. The 

IC25 should be used for continuous (e.g., growth, reproduction) and the EC25 for 

quantal endpoints (e.g., survival, larval development, fertilization). 

4)	 Once the toxicity testing has been done, then a plan must be written and submitted 

describing how the neutralizing chemical will be used to be both effective in removing 

biocide toxicity and stay below its toxic threshold. 

i) If the toxic threshold is above the maximum concentration needed to neutralize 

the biocide, then monitoring of the chemical dosing relative to the ballast water 

discharge volume should be adequate to demonstrate maintenance of the safety 

margin. 

ii)	 If the toxic threshold is below the maximum concentration needed to neutralize 

the biocide, then a removal or reaction rate needs determined for relevant 

concentrations of both the neutralizing chemical and biocide. Careful monitoring 

of neutralizing chemical dosing relative to biocide dosing will be needed for 

maintaining environmental safety. 

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iii)	 If the concentration of the biocide and neutralizing chemical can be reliably 

measured onboard on a routine basis, chemical monitoring can be used for 

demonstrating safety when the threshold is below the maximum concentration. A 

small residual of neutralizing chemical can be an indication of effective biocide 

removal. 

15.4	 Approval and Exceptions 

If the WET option set forth in Section 5.8.1.2 is chosen, the permittee must submit the 

results of the initial testing and an explanation of the appropriate methods of ballast water 

treatment to EPA at the address specified in Part 5.8.3 of this permit. 

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