# • Minnesota Pollution Control Agency
S20lafayette RoadNorth 

### I St.Paul, Minnesota 55155-4194 

### I 651-296-6300 800-657-3864 1 651.282-5332 TTY I www.pca.state.mn.usIEqual Opportunity Employer September 7,2012

Ms. TInka G. Hyde, Director Water Division U.s. Environmental Protection Agency -Region S 77 West Jackson Boulevard (W-15J) Chicago, IL 60604-3507
Dear Ms. Hyde: As requested in your letter dated November 16, 2011, the Minnesota Pollution Control Agency (MPCA) has examined the U.S. Environmental Protection Agency's (EPA) proposed 2013 National Pollutant Discharge Elimination System (NPDES)general permit for Commercial and Large Recreational Vessels (2013 VGP) and Small Vessel General Permit (sVGP)to determine whether it can certify the permits under Section 401 of the Clean Water Act (CWA). The MPCA bases its certification upon an evaluation of the information provided in the proposed permit, technical fact sheet, othet materials contained in Docket ID Nos. EPA-HQ-OW-2011-0141 and EPA-HQ-OW-2011-0150, and consultation with other Great Lakes States. This letter issubmitted by the MPCA under authority of Section 401 of the CWA (33 USC1251 et seq.), Minn. Stat. chs. 115 and 116, and Minn. R.7001.1400 through 7001.1470. The 5tate of Minnesota takes its responsibility to protect Lake5uperior very seriously. We support the spirit and practice of eliminating pollutant discharges to Lake Superior, including pollutant discharges from vessels. The United Nations, the International Joint Commission (IJC),the Great Lakesstates, the U.S.government, Canadian provinces and federal governments agree that Lake Superior's fragility and protection are aglobal priority. The IJCcalled on the governments to designate "Lake Superior" asa demonstration zone for the zero discharge concept in 1990. Since answering that call, the states and federal governments have invested millions of dollars and thousands of staff hours to develop policies and practices to protect this Lake.
Minnesota was one of the original signatories to the 1991 LakeSuperior Binational Program. It was also one of the first states to adopt the Great Lakes Compact, the Great Lakes Initiative and to regulate ballast water discharges. The state has supported its U.S. and Canadian partners in their effort to restore degraded areas and to designate and permanently protect islands, bays, and open water areas of Lake Superior. Our Canadian partners recently designated 3,861 square miles of Lake Superior as Marine Conservation Area. Isle Royale, a national park off Minnesota's coast, has also been designated a United Nation's Biosphere Reserve, adding further credence to the notion that Lake Superior is unique and internationally significant.
The MPCA and the Minnesota Department of Natural Resources (DNR) have worked closely in assessing the proposed federal permit. We agree that invasive species are aserious problem for Minnesota and this permit presents an opportunity to address this threat to our waters. While the primary focus of the federal permit isvessels that travel in salt water, the vast majority of ballast water discharged in Minnesota comes from vessels that travel in fresh water. To adequately protect Minnesota waters from ballast water discharged from both fresh and saltwater vessels, the MPCA has included additional regulatory requirements to supplement the proposed federal permit. These requirements will further protect Minnesota waters.Ms. Tinka G. Hyde

Page2 September 7, 2012
The 2013 VGP, asproposed by EPAin November 2011, isapplicable for all vessel discharges from all commercial and large recreational vessels, asdefined in the permit, that take place within all waters of the State. Minnesota certifies there isa reasonable assurance that discharges from vessels covered by the 2013 VGPfor discharges incidental to the normal operation of commercial and non-commercial vessels greater than or equal to 79 feet in length, and the NPDESSmall Vessel General Permit (s2013 VGP), will comply with the applicable provisions of 33 U.S.C991311,1312,1313,1316,1317, and 1341 (CWA 99 301, 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 this Certification are met. Small Vessel General Permit Certification Conditions
The conditions in the draft sVGPcannot be made lessstringent without violating water quality standards and other requirements of State law. See40 CFR9124.53 

### (e)(3). The MPCA has not identified any additional conditions that are needed to meet the requirements of either the CWA or Minnesota Rules, provided the conditions of the final sVGPare at least asstringent asthe conditions of the draft sVGP.
The Permittee shall report all instances of non-compliance with this certification assoon as possible, and in no case longer than 30 days of the discovery of the noncompliance (Minn. R.7001.0150, subp.2[K][LJ).
Vessel General Permit Certification Conditions
The MPCA conditionally grants water quality certification for the EPA2013 VGPsubject to compliance with the conditions identified below. A summary of the basis for these conditions isalso provided below.
1. Compliance with Minnesota State Disposal System (SDS)permit for ballast water; Requirement The applicability of International Maritime Organization (IMO) D-2 ballast water discharge limits for vessels in the 2013 must not relieve any person from the duty to obtain and comply with the existing Minnesota ballast water general permit MNG300000, or subsequent modifications of that permit issued bythe MPCA. Obtaining coverage under the 2013 VGPdoes not release any person from the duty to obtain a permit required by state law. Vessels covered by the EPA's 2013 VGP must obtain any permits required bythe state of Minnesota for vessel discharges and comply with all requirements in the applicable permit at the time of compliance review. Summary of the Basis Minnesota law prohibits discharges without a permit. Minn. Stat. 9 115.07 provides: 115.07 VIOLA TlONS AND PROHIBITIONS. 

### Subdivision 1.0btoin permit. (0)

### Except os

### provided inporagraph Ib), itisunlowfulfor any person tocanstruct, install, oroperate adispasal system, oranypart thereof, untilplans andspecifications far the disposalsystem have been submitted to the agency, unless the agency waives submission aftheplans andspecifications and awritten permitfor the disposal system is

### granted by the agency.Ms. Tinka G. Hyde

Page 3 September 7,2012

Minnesota has adopted aGeneral SDSpermit for ballast water discharges. The MPCA's current ballast water discharge general permit MNG300000, which isscheduled to be considered for reissuance in 2013, 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 Qrganisms >SOum in <10 viable 

## 1m3 Daily average Composite minimum dimension Organisms 1O-S0um in <10 viable 

## Iml Daily average Composite minimum dimension Escherichia coliform <2S0 cfu 

## I100 ml Daily average Composite Intestinal enterococci <100 cfu 

## I100 ml Daily average Composite b. Forvessels 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 byJanuary 1, 2016.
c. Forvessels 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 waters of LakeSuperior.
The Minnesota SDSVessel General Permit (MNG300000) currently requires the schedule above. During the drafting of the MNG300000 permit reissuance, the implementation schedule, aswell asother permit conditions, may be modified.
2. Numeric Water Quality Based Effluent Limitation (WQBEL) Determination for Ballast Water Discharges Requirement No additional requirements at this time. Summary of the Basis After careful review of the available data and studies completed to further define the threshold at which point the introduction of nonnative species impacts the quality of Waters of the State, MPCA is unable to conclusively determine a numeric standard which would definitively protect water quality and an unaltered species composition of the ecosystem. The MPCA isvery interested in the development of data via ongoing monitoring, which could be used to inform the process of establishing awater quality standard in the future. The MPCA encourages vessel owners to pursue the most efficient treatment systems possible to avoid the potential need to upgrade systems in the future when a numeric standard may be adopted.
3. Exchange and flushing for voyages originating beyond the Exclusive Economic Zone (EEZ).Ms. Tinka G. Hyde

Page4 September 7, 2012

Requirement The operator of any vessel covered under the 2013 VGPwhose voyage originates outside the exclusive economic zone and enters Minnesota waters shall not discharge ballast unless the following conditions are met: the vessel hasconducted ballast water exchange or flushing beyond the EEZ,at least 200 nautical miles from any shore, and in water at least 2,000 meters in depth, while in oceanic waters, resulting in a salinity level of at least 30 parts per trillion (ppt) prior to the time the vessel enters Minnesota waters. This requirement remains in effect regardless of whether the vessel isequipped with a ballast water treatment system. This requirement is in addition to treatment requirements required under the proposed 2013 VGP.
All vessels entering Minnesota waters must maintain the ability to measure salinity levels in each tank onboard the vessel sothat salinities of at least 30 ppt can be ensured prior to discharge in Minnesota waters. Forvessels entering the Great Lakesfrom outside the EEZand carrying only residual amounts of ballast water and/or sediment, the flushing requirements are equivalent to those set forth in the July 1, 2012, edition of the 51. Lawrence Seaway regulations, 33 CFR9401.30(f). 

### Thisrequirement does not apply to:
a. Vessels that either have no ballast tanks or that carry only permanent ballast water, all of which is in sealed tanks that are not subject to discharge, or b. Vessels that carry only potable water that meets the requirements of section 2.2.3.5.1.3 of the draft 2013 VGP in their ballast tanks.
This requirement does not apply 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 avessel is unable to conduct ballast water exchange or flushing due to serious safety concerns asspecified above, the operator of such vessel shall inform the MPCA and DNRprior to discharging ballast in state waters to allow a determination of whether the discharge of the ballast presents a "high risk" as described below. No ballast shall be discharged that does not meet the conditions in this part if the MPCA determines that the ballast is "high risk" and that additional treatment is necessary to protect aquatic resources. Summary of the Basis Minnesota finds that the exchange/flushing requirements set forth in this condition, including the combination of treatment with exchange or flushing, are needed to prevent impairment of waters and to preserve such waters for their best usage and are thus needed to comply with the Minnesota State statutes and rules cited above. In accordance with 40 CFR124.53 (e)(2), this condition cannot be made lessstringent and still comply with State water quality standards.

1 "Exclusive Economic Zone" (EEZ)means the area established by Presidential Proclamation Number 5030, dated March 10, 1983 (48 FR10605,3 CFR,1983 Comp., p. 22) which extends from the base line of the territorial seaof the United States seaward 200 miles, and the equivalent zone of Canada. [source: 33 C.F.R. lS1.2025JMs. Tinka G. Hyde

Page 5 September 7, 2012

Minnesota finds that the exchange/flushing requirements set forth in this requirement, including the combination of treatment with exchange or flushing, are needed to prevent impairment of waters for their designated usesand are thus needed to comply with the Minnesota State statutes and rules. In accordance with 40 CFR

### 9 124.53 (e)(2), this condition cannot be made less stringent and still comply with State water quality standards.
This requirement adds no new requirement or deadline for ballast water treatment. The requirements and deadlines for ballast water treatment are those specified in the draft 2013 VGP, Section 2.2.3.5, Table 6, and the Minnesota Ballast Water General Permit. However, in addition to meeting those requirements, vessel operators will need to continue performing exchange or flushing prior to discharging in Minnesota waters. This requirement, applicable to vessels entering Minnesota waters from outside the EEZ, effectively serves asan interim Water Quality Based Effluent Limit (WQBEL) prior to a numeric WQBEL calculation that will be protective of state water quality until the numeric WQBEL isfully implemented. This requirement requires ,?peration of atreatment system that meets IMO D-2 requirements 

### inconjunction with ballast water exchange orflushing. This interim WQBEL, justified partly by the known effectiveness of exchange 

### and flushing alone' and partly by recent research by Canada's Department of Fisheries and Oceans on the benefits of 

### combining exchange 

### and flushing with treatment,2 has recently undergone land-based testing at the GSI test facility in Superior, Wisconsin.3 Early results from the GSlland-based tests' are consistent with the goal of reducing propagule pressure, at least for fresh 

### and brackish receiving waters, in order to achieve an invasion risk lower than would be achieved using ballast water treatment alone.5
Minn. Stat. 9 115.03, subd. 1 (e) provides that the MPCA hasthe following duty: 

### (e) to adopt, issue, reissue, modify, deny, orrevoke, enter into orenforce reasonable orders, permits, variances, standards, rules, schedules ofcompliance, and stipulotian agreements, under such conditions as it may prescribe, in order toprevent, control orabate water pollution, orfor the installation or operation ofdisposal systems or parts thereaf, or

for other equipment andfacilities: (1) requiring the discontinuance ofthe discharge ofsewage, industrial waste ar other wastes into any waters of the state resulting inpollution in excess of the applicable pollution standard established under this chapter;

IMost ofthe water and most ofthe organisms carried ina vessel's baJJasttanks are physicaJJy expeJJed during midocean exchange or flushing, and many ofthe remaining organisms are then kiJJedby salinity shock (osmotic stress) from the ocean water with which the baJJasttanks are refiJJed. See paper 5ubmitted by Canada to the IMO, BLG 

### 15/517,op. cit., paragraphs 8 and 9; S.A. Bailey et aJ. (20II), 

### op. cit., at 2555-56. 2 Paper submitted by Canada to the [MO, BLG 

### 151517,op. cit. Note that, inaddition to the benefits derived from physical expulsion and salinity shock, the combined process aJJowstreatment systems to operate on amore uniform and more biologicaJJy sparse feed water. 3 Publication oftest results pending. 4 Sarah Bailey, DFO Canada, 

### pers. comm..

, Paper submitted by Canada to the IMO, BLG 

### 15/517,op. cit., paragraph 18.

### Ms. TinkaG. Hyde

Page 6 September 7, 2012



### (2)prohibiting ordirecting the obotement ofony dischorge ofsewoge, industriol woste, orother wastes, into any woters ofthe state orthe deposit thereof orthe discharge into any municipal disposal system where the same islikely toget into any waters of the state in violation of this chapter and, with respect to the pollution ofwaters ofthe state, chapter 116, 

### orstandards orrulespromulgated orpermits issued pursuant thereto, and specifying the schedule ofcompliance within whichsuchprohibition orabatement must be accomplished;

... The MPCAhas adopted the following narrative standard to protect the aquatic habitat ofthe state: 

### 7050.0150 DETERMINATION OFWATERQUALITY,BIOLOGICAL ANDPHYSICAL CONDITIONS,

ANDCOMPLIANCE

WITHSTANDARDS. Subpart 1.Policyandscope. Theintent ofthe state istoprotect andmaintain surface waters inacondition which allowsfor the maintenance ofallexisting beneficial uses. Thecondition ofasurface woter body isdetermined byitsphysical, chemicol, and biological qualities. Theagency shalldetermine anexceedance ofwater quality standards oranimpaired condition based onpollution ofthe waters ofthe state fram point andnonpaint sources that has resulted indegradation ofthephysical, chemical, orbiological qualities ofthe water body to the extent that attainable or previously existing beneficial uses areactually orpotentially lost. Thenarrative water quality standards insubpart 3

### prescribe the qualities or properties ofsurface waters that arenecessaryfor theprotection ofdesignated public uses and benefits. Ifthe narrative stondards inthispart areexceeded, itis considered indicative ofapolluted condition which isactually orpotentially deleterious, harmful, detrimental, orinjurious with respect to the designated uses of the waters ofthe state. Subparts 5

### to 7

### listfactors the commissioner willuse to determine ifsurface waters are incompliance with applicable narrative standards insubpart 3.

### Determination of compliance with the narrative standards willbemadefor individual water bodies on acase-by-case basis. Subp. 2.

### Otherstandards preserved. Therequirements ofthispart are inaddition to the application afother narrative ornumeric water quality standards inthis chapter. Ifthe requirements ofthispart conflict with any other narrative ornumeric standard inthis chapter, the more stringent standard applies. Subp. 3.

### Narrative standards. ForallClass2

### waters, the aquatic habitat, which includes the waters afthe state andstream bed, shallnot be degraded inany material manner, there shall be nomaterial increase inundesirable slime growths or 

### aquatic plants, including algae, norshallthere be anysignificant increase inharmful pesticide orother residues inthe waters, sediments, andaquaticflora andfauna; the normalfishery andlower aquatic biota upon which itisdependent and the use thereof shallnot be seriously impaired orendangered, the species composition shall nat be altered materially, and thepropagation ormigration ofthefish andotherMs. Tinka G. Hyde

Page7 September 7,)012



### bioto normally present shallnot beprevented orhindered by the discharge ofany sewoge, industrial woste, orother wastes to the woters. 7050.0210 GENERAL

STANDARDSFORWATERSOFTHESTATE. Subpart 1.{Repeoled, 32

### SR 1699} 

### Subp. 2.Nuisance conditions prohibited. Nosewage, industriol waste, orother wostes sholl be dischargedfrom either point ornonpoint sources into any woters ofthe state soas tocouse any nuisonce conditions, such as thepresence ofsignificont amounts of

flooting solids, scum, visible oil film, excessive suspended solids, materiol discolorotion, obnoxious odors, gas ebullition, deleterious sludge deposits, undesiroble slimes or

fungus growths, aquatic habitat degradation, excessive growths ofaquatic plonts, orother offensive orharmful effects.
In addition to these laws, Minnesota has adopted Minn. Stat. 

## 9 84D.06, which prohibit persons from introducing an unlisted nonnative aquatic plant or wild animal species without notice to the Commissioner of the DNR: 

### 840.06 UNLISTED

NONNATlVESPECIES. Subdivision 1.

### Process. Aperson may not introduce on unlisted nonnotive aquatic plont orwildanimol species unless: (l)

### theperson has notified the commissioner inamanner ondform prescribed by the commissioner; (2) 

### the commissioner has mode the classificotion determinotion required in subdivision 2

### and designated the species os

### oppropriate; and (3)the introduction isollowed under the opplicable provisions ofthis chopter.
4. Emergency Control of Ballast Water discharge Requirement
a. The MPCA, in coordination with the DNR, may prohibit discharge, require a discharge to occur in a particular area, or require emergency treatment of any "high risk" ballast water proposed to be discharged in Minnesota waters pursuant to its authority under Minn. Stat. 9 116.11 and Minn. R.

### 7000.5000. b. A "high risk" ballast water isone that, in the opinion of the MPCA in consultation with the DNR, poses an imminent and substantial danger to the health and welfare of the people of the state related to the introduction of a nonnative species into Minnesota waters.
c. If relocation of a high risk ballast discharge is required, the MPCA, coordinating with the U.S. Coast Guard (USCG),the DNR, and the States of Michigan and Wisconsin, as needed, will identify alternative locations for the discharge of the high risk ballast water.Ms. Tinka G. Hyde

Page 8 September 7, 2012
d. Nothing in this section relieves the vessel owner or operator of the responsibility for ensuring the vessel's safety and stability or the safety of the crew and passengers. e. As an alternative to discharging high-risk ballast water, the MPCA may authorize the use of Ballast Water Treatment Systems (BWTS) identified aspromising technology by EPA,USCG, neighboring states or a U.S.ballast water testing research facility. U.S. ballast water testing research facilities include, but may not be limited to the Golden Bear, Great Ships Initiative and Maritime Environmental Resource Center. Summarv of the Basis See regulatory citations in Requirement 3Summary of Basis. In addition, this requirement is supported by Minn. Stat. 9 116.11 and Minn. R.7000.5000.
S. Coverage of Lakers that operate exclusively in the Great Lakes Requirement Forvessels that operate exclusively in the Great Lakes, the following Best Management Practices (BMPs) are required to be incorporated into the vessel's ballast management plan and implemented prior to discharge of ballast in Minnesota waters):

a. Annually inspect and replace, as necessary, ballast sea chest screens. Replace screens with the smallest openings allowed by good engineering practice. Inspections must be documented by log entry, diver's report, video report, dry-docking report, marine inspection note, or surveyor's report. b. During cargo operations (while accounting for boom list, hull stress, and bending moments), lighten the ship asmuch as practical to elevate water intakes before ballasting to minimize sediment uptake and increase water flow.

c. Ballast water taken aboard shall be the minimum needed to ensure the safety of the crew and vessel. Additional ballast water can be taken aboard, once deeper water is reached.
d. Ballast water shall always be taken aboard or discharged via the pumps and never "gravity fed or drained." This ensures an organism that somehow makes it past the screen is pulverized by the high speed, high pressure, and tight tolerance pump. Summarv of the Basis Minn. Stat. 

### 9 115.1703 provides that vessels operating in the state waters of Lake Superior conduct ballast water management operations according to a ballast water management plan that is designed to minimize the discharge of invasive species. The Commissioner of the MPCA is allowed to establish the requirements of such plans. The statute provides:
115.1703 BALLASTWATERMANAGEMENT PLAN.
Subdivision 1.Bal/ast water management plan required.Ms. Tinka G. Hyde

Page9 September 7, 2012



### (a) The aperator of

### avessel thot isdesigned, constructed, 

### oradapted to carry ballast woter instate waters ofLakeSuperior shall conduct allballast water management operations ofthe vessel according ta 

### aballost water management plan that isdesigned to minimize the discharge ofinvasive species, meets the requirements prescribed by the commissioner under subdivision 2, and is approved by the commissioner. (b) The owner or operator ofavessel required to have a ballast water management plan underparagraph (a)shall maintain 

### acopy ofthe vessel's ballast water management plan on board at alltimes and keep theplan readily availablefor examination by the commissioner.
Subd. 2.Ballast water management plan appraval. (a) The commissioner may not apprave 

### aballast water management plan unless the commissioner determines that the plan: (1)describes indetail the actions to be taken to implement ballast water management; (2)describes indetail thepracedures to be usedfor disposal ofsediment at sea and on share; (3)describes indetail the safety pracedures for the vessel and crew associated with ballast water management; (4)designates the officer an board ofthe vessel incharge ofensuring that theplan isproperly implemented; (5) contains the reporting requirements for vessels asprescribed by the commissioner; and (6)meets allather requirements prescribed by the commissioner. (b) Thecommissioner may approve aballast water management planfor 

### a foreign vessel on the basis of

### acertificate ofcompliance with the criteria described inparagraph (a)issued by the vessel's country ofregistration according to standards established by the commissioner.
Minnesota finds that the Best Management Practices (BMP) set forth in this condition are needed to prevent impairment of waters and to maintain such waters for their best usage and are thus needed to comply with the statutes and rules cited under condition 3 above. InMs. Tinka G. Hyde

Page 10 September 7,2012
accordance with 40 CFR

## 9 124.53 (e)(2), this condition cannot be made lessstringent and still comply with State water quality standards.
6. Monitoring Requirements Requirements: 

### a. Monitoring for vessels required tomeet the 2013 VGP(numeric limits equivalent toIMO0-2) ballast water discharge limits: In addition to meeting the draft 2013 VGP monitoring requirements in section 2.2.3.S., all vessels covered under the2013 VGPand operating in Minnesota waters after a Ballast Water Treatment System is installed must sample and analyze the ballast water discharge at least once ayear (provided appropriate facilities are available) using the shipboard Environmental Technology Verification (ETV)sampling protocol, a protocol consistent with IMO G8/G9 protocols, or a compliance monitoring protocol developed by the USCG,whichever is most advanced and available. The MPCA will be available to interpret which method(s) are most advanced and available. This monitoring shall include sampling, identification and enumeration of live organisms >50 Ilm and between 10-50 Ilm in size. The monitoring results shall be submitted to EPAand the MPCA on an annual basis, consistent with the mechanisms 

### used in the 2013 VGPfor all other submissions, provided such electronic tools are made available by EPA. In the absence of available submittal tools by EPA,monitoring data 

### must be directly submitted to the MPCA. The MPCA's point of contact is provided at the close of this letter. Such live organism monitoring shall include the collection of representative discharge samples and the testing (counting) of live organisms in such samples by qualified personnel in accordance with standard and/or best available sampling and analytical methods. 

### b. 

### Monitoring for vessels not required tomeet numeric ballast treatment limits because of 2013 VGPcondition 2.2.3.5.3.3 

### (currently addressing vessels operating exclusively upstream of the Weiland Canal) or

### similar condition: Within 24 months of final issuance of the 2013 VGP, all vessels not required to meet numeric ballast treatment standards, and that discharge ballast in Minnesota waters, shall have the capacity to collect at the request of the MPCA, EPAor other regulatory authority representative samples of organisms in ballast water discharges. Beginning 24 months after final issuance of the 2013 VGP, all 

### vessels not required to meet numeric ballast treatment limits shall complete the following ballast discharge monitoring: 1) A minimum of once annually, sample and analyze for organism density and composition (based on broad taxonomic categories). Sampling and analysis methods shall be consistent with protocols described above. Samples must be analyzed for total organisms (live or dead) greater than or equal to 10 micrometers in size. The ballast discharge subject to sampling must be taken on the ship in a Great Lakes port for discharge into Minnesota waters. You must report the uptake locations and volumes subject to sampling, aswell asthe volume you plan to discharge in Minnesota's waters, best management practices employed, and other factors affecting the composition of the sample.; 

### !!! 2) Complete, individually or in partnership with other permittees, a ballast discharge biological study approved bythe MPCA. The study must include actual discharge data representing designated vessels that may discharge native and non-native organisms into Minnesota waters. The purposes of the study must include an evaluation of the risk that ballast discharges pose to Minnesota waters.

# • Ms. Tinka G. Hyde

Page 11 September 7,2012

Summary of the Basis Persons discharging ballast water have aduty, when requested, to provide information regarding that discharge to the MPCA under the following statutes and rules:


### Minn. Stat. 9115.04 DISPOSAL SYSTEMSANDPOINTSOURCES. Subdivision 1.

### Information. Anyperson operating orinstalling adisposal system or atherpoint source, orportion thereof, when requested by the agency, orany member, employee oragent thereof, when authorized byit, shallfurnish to itany information which thatperson may have orwhich isrelevant to the subject ofthis chapter, chapter 114C, and, with respect to thepollution ofwaters ofthe state, of chapter 116.
7053.0205 GENERALREQUIREMENTSFORDISCHARGESTO WATERS OFTHE STATE. Subp. 12.

### Pointsaurce dischargers must report to agency. Allpersons operating or respansiblefarsewage, industrial waste, orother waste disposal systems that are adjacent to orthat discharge effluents to waters ofthe state shallsubmit areport to the agency upon request on the operation ofthe disposal system, the effluentflow, and the characteristics ofthe effluents and receiving waters. Sufficient data on measurements, observations, sampling, and analyses, and otherpertinent information must befurnished asmay be required by the agency to adequately evaluate the condition ofthe disposal system, the effluent, and the waters receiving oraffected by the effluent.
Minnesota finds that the monitoring requirements set forth in this condition are needed to prevent impairment of waters and preserve such water for their best usage and are thus needed to comply with the authorities cited in Condition 3. In accordance with 40 CFR

### 9 124.53 (e)(2), this condition cannot be made lessstringent and still comply with State water quality standards.
The protocol for sampling ship discharges as described in the Great Ships Initiative Ballast Discharge Monitoring Guidebook, published November 2011, (http://www.nemw.org/GSI/BaliastDischargeMonitoringGuidebook.pdf) isafeasible and cost-effective approach for sampling vessel ballast discharges. Vessels which ply the Great Lakes could usethis protocol or propose another method to assure representative sampling of ballast discharges.
7. Biocide Usage Requirement: Discharges of residual biocides are authorized as defined by the September 24, 2008, Minnesota General Ballast Water Permit or subsequent reissuances, whichever is most recent. Discharge limitations for residual oxidants, and procedures for obtaining authorization to use other chemicalMs. Tinka G. Hyde

Page 12 September 7, 2012
additives are established bythe permit. Obtaining coverage under the 2013 VGPdoes not release any person from the duty to obtain a permit required by state law. Vessels covered by the EPA's 2013 VGP must obtain any permits required bythe state of Minnesota for vessel discharges and comply with all requirements in the applicable permit at the time of compliance review. Summarv of the Basis Minnesota law prohibits discharges without a permit. Minn. Stat. 

## Ii 115.07 provides:
115.07 VIOLA TlONS AND PROHIBITIONS. 

### Subdivision 1.0btain permit. (a)Exceptasprovided inparagraph (b), itisunlawfulfor anyperson to construct, install, oroperate adisposal system, oranypart thereof, untilplans and specifications for the disposal system have been submitted to the agency, unless the agency waives submission oftheplans andspecifications andawritten permitfor the disposal system is granted bythe agency. 8. Other State Regulations Requirement: All vessels must comply with the requirements of Minn. Stat. 115.1703 and any other applicable state law, statute or rule. Summary of the Basis Obtaining coverage under the 2013 VGPdoes not release any person from the duty to comply with state laws, statutes and rules. The contact for compliance and submittal questions isJohn Thomas, WQ Compliance Specialist, MPCA, Suite 400, 525 LakeAvenue South, Duluth, Minnesota 55802 (e-mail john.thomas@state.mn.us) Should you require further information regarding this Certification, please contact Kate Frantz at 651.757.2370, or you may contact me. Sincerely, 

# o~od.-R~

Supervisor, Agency Rules Unit SSTS,Land Treatment, and RulesSection Municipal Division DR/KF:rm 

# •