Washington State 401 Certification Conditions for the Vessel General Permit

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ATTACHMENT 1

VGP Conditions

A. Conditions Related to Washington State Geography

The conditions and requirements of the Vessel General Permit (VGP) shall extend to all 

waters of the state. (authority - Article XXIV of the Washington State Constitution and 43 

USC § 1312)

B. Conditions Related to State Law

1. Except for discharges of firefighting foam conducted in accordance with VGP Part 2.2.5, 

discharges to state waters are prohibited which would cause a sheen, film, sludge, foam, 

turbidity, color, or odor. (authority RCW 90.48.020, RCW 90.48.080, and WAC 173-

201A-260(2)(b))

2. Based upon experience in Washington State with vessel discharges violating RCW 

90.48.080 and requirements that the Department of Ecology has routinely imposed since 

before issuance of the original VGP in 2008, the following instructions for vessels are 

conditions of the VGP:

a. In order to minimize the generation and release of wastewater, vessel operators 

shall use best management practices which include mechanical methods to 

thoroughly clean bulk and break bulk cargo holds. Unless flammable or 

explosive vapor concentrations make the risk too great, hold cleanliness shall be 

documented photographically before washing with water. Solid wastes from hold 

cleaning must be transferred onshore for disposal in an approved landfill. This 

includes agricultural products such as grains.

b. The discharge of wash down water from holds containing metal ores, prilled coal 

tar (pencil pitch), coal, and petroleum coke is prohibited.

c. The discharge of tank cleaning and wash down water from petroleum and 

chemical tank ships is prohibited.

d. Discharge of wash water from holds which contained concrete, sand, gravel and 

other similar inert inorganic products shall be allowed as long as it is managed to 

prevent violation of any provision of state law or WQS, especially creating a 

visible increase in turbidity or raising receiving water pH more than 0.5 units or 

above 8.5.

e. The discharge of fish hold effluent while at a dock, pier, or mooring is prohibited.

3. No vessel meeting the VGP definition of a large or medium cruise ship may discharge 

graywater within 0.5 miles of a shellfish bed that is recreationally harvested or approved 

for commercial harvest. (authority - RCW 69.30.130)
Washington State 401 Certification Conditions for the Vessel General Permit

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4. The release to state waters of a harmful animal or plant species meets the state’s 

definition of pollution in RCW 90.48.020 and would be a violation of RCW 90.48.080, 

WAC 173-201A-260(2)(a), and the VGP. VGP Part 3 requires corrective actions when a 

problem such as significant biofouling is known. VGP Part 2.2.23 requires vessel 

operators to minimize the transport of attached living organisms from overseas or 

between Captain of the Port (COTP) zones. Regular cleaning of hulls and niche areas is 

the only routinely available nontoxic method for minimizing transport of attached living 

organisms. 

The release of nonnative aquatic animal species from in-water cleaning of vessel hulls, 

niche areas, and running gear without approval from the Washington Department of Fish 

and Wildlife (WDFW) is forbidden by RCW 77.15.253. The state VGP/sVGP webpage 

described in Condition F. contains contact information and instructions for seeking 

WDFW approval.

Allowing biofouling to accumulate and mature without hull cleaning can also be 

interpreted as an illegal release. Operators of vessels with hulls which have not been 

cleaned for months or that are involved in extended unmanned periods or other lay-ups as 

described in VGP Part 4.1.1.2 should conduct a hull inspection. A hull inspection under 

these circumstances is especially needed before leaving on a voyage to Washington State 

waters or a voyage between COTP zones within the state. In accordance with VGP Part 

3, hull cleaning must be conducted when needed.

5. Vessel operators must meet all applicable ballast water requirements in place as of July, 

2, 2012 in Chapter 77.120 RCW and Chapter 220-150 WAC.

6. Any discharge from emergency treatment of ballast water must meet the requirements in 

Part 2.2.3.5.1.1.5.1 of the VGP.

C. Notification Condition

The following incidents must be reported as soon as possible but no more than 24 hours after 

first becoming aware of their occurrence to the Washington State Department of Health

(WDOH) at 360-236-3330 or 360-789-8962 (after hours). Information provided should 

include the discharge location (latitude and longitude), discharge volume, discharge type, 

date and time, and duration of discharge. WDOH need not be notified of any incident not 

occurring in state waters. (authority - RCW 69.30.130)

a. A discharge of graywater in violation of VGP Parts 2.2.15, 5.1.1, or 5.2.1. 

b. Any vessel discharge containing sewage if the discharge exceeds the bacterial or 

suspended solids standards in 40 CFR 140.3(d).

c. Any upset in a disinfection system.
Washington State 401 Certification Conditions for the Vessel General Permit

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D. State Inspection Authority

1. In accordance with RCW 90.48.090, Department of Ecology inspectors shall have access 

to the ship at reasonable times and locations for the purpose of sampling discharges 

covered by the VGP, interviewing crew members, and inspecting log books and other 

relevant records.

2. In accordance with WAC 220-150-033, WDFW inspectors shall have access at any time 

to any vessel carrying or capable of carrying ballast water in order to provide technical 

assistance, assess compliance, and enforce the requirements of Chapter 220-150 WAC.

E. Reopener

The Water Quality Certification may be revoked if information becomes available that 

the VGP is not protective of state water quality. Certification conditions may be 

withdrawn, added, or modified if necessary to protect water quality or improve 

implementation and enforcement. The Department of Ecology will provide public notice 

of any proposed changes to the certification or conditions.

F. State VGP/sVGP Webpage

In order to assist the public and shipping industry with VGP requirements and related 

information, the Department of Ecology maintains a VGP/sVGP webpage at: 

http://www.ecy.wa.gov/programs/wq/permits/VGP/index.html. The webpage describes 

the legal history of the vessel permits and provides links to important state and federal 

documents. The webpage has guidances for graywater discharges, oily water separator 

discharges, and in-water load line painting. Hull cleaning guidance will be developed 

and added. Information will be added on no discharge zones when they are granted. 

Guidance on pumpout facilities will be included.

G. Timing Requirements:

This Order shall remain in effect until December 18, 2017 or until the State invokes 

Condition E. to withdraw or modify this Order.