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Minnesota Pollution Control Agency

S20 lafayette Road North 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 is submitted by the MPCA under authority of Section 401 of the CWA

(33 USC 1251 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 Lake 5uperior 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 Lakes states, the

U.S. government, Canadian provinces and federal governments agree that Lake Superior's fragility and

protection are a global priority. The IJCcalled on the governments to designate "Lake Superior" as a

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 Lake Superior 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 a serious problem for Minnesota and

this permit presents an opportunity to address this threat to our waters. While the primary focus of the

federal permit is vessels 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

Page 2

September 7, 2012

The 2013 VGP, as proposed by EPAin November 2011, is applicable for all vessel discharges from all

commercial and large recreational vessels, as defined in the permit, that take place within all waters of

the State. Minnesota certifies there is a reasonable assurance that discharges from vessels covered by

the 2013 VGP for 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.C 991311,1312,1313,1316,1317, 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 sVGP cannot be made less stringent without violating water quality standards

and other requirements of State law. See 40 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 sVGP are at least as stringent as the conditions of the draft sVGP.

The Permittee shall report all instances of non-compliance with this certification as soon 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 VGP subject to compliance

with the conditions identified below. A summary of the basis for these conditions is also 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 by the MPCA. Obtaining coverage under the 2013 VGP does 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 by the 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 in poragraph Ib), it is unlowful for any

person to canstruct, install, or operate a dispasal system, or any part thereof, until plans

and specifications far the disposal system have been submitted to the agency, unless the

agency waives submission af the plans and specifications and a written permit for the

disposal system is granted by the agency.
Ms. Tinka G. Hyde

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September 7,2012

Minnesota has adopted a General SDSpermit for ballast water discharges. The MPCA's current

ballast water discharge general permit MNG300000, which is scheduled 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-S0 um in <10 viable I ml Daily average Composite

minimum dimension

Escherichia coliform <2S0 cfu I 100 ml Daily average Composite

Intestinal enterococci <100 cfu I 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

waters of Lake Superior.

The Minnesota SDSVessel General Permit (MNG300000) currently requires the schedule above.

During the drafting of the MNG300000 permit reissuance, the implementation schedule, as well

as other 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 is very

interested in the development of data via ongoing monitoring, which could be used to inform

the process of establishing a water 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

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September 7, 2012

Requirement

The operator of any vessel covered under the 2013 VGP whose voyage originates outside the

exclusive economic zone and enters Minnesota waters shall not discharge ballast unless the

following conditions are met: the vessel has conducted 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 is equipped 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 so that salinities of at least 30 ppt can be ensured prior to discharge in

Minnesota waters.

For vessels entering the Great Lakes from 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 CFR9 401.30(f).

This requirement 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 a vessel is unable to conduct

ballast water exchange or flushing due to serious safety concerns as specified above, the operator of

such vessel shall inform the MPCA and DNR prior 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 CFR 124.53 (e)(2), this condition cannot

be made less stringent 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 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.

lS1.2025J
Ms. Tinka G. Hyde

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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 uses and are thus needed to comply with the

Minnesota State statutes and rules. In accordance with 40 CFR9 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 as an 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 is fully

implemented. This requirement requires ,?peration of a treatment system that meets IMO D-2

requirements in conjunction 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,2has 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 has the following duty:

(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable

orders, permits, variances, standards, rules, schedules of compliance, and stipulotian

agreements, under such conditions as it may prescribe, in order to prevent, control

or abate water pollution, or for the installation or operation of disposal systems or

parts thereaf, orfor other equipment and facilities:

(1) requiring the discontinuance of the discharge of sewage, industrial waste ar

other wastes into any waters of the state resulting in pollution in excess of the

applicable pollution standard established under this chapter;

I Most of the water and most of the organisms carried in a vessel's baJJasttanks are physicaJJy expeJJed during midocean exchange or flushing, and many of the remaining organisms are then kiJJed by salinity shock (osmotic stress)

from the ocean water with which the baJJast tanks are refiJJed. See paper 5ubmitted by Canada to the IMO, BLG

15/517,op. cit., paragraphs 8 and 9; S.A. Bailey et aJ. (20 I I), op. cit., at 2555-56.

2 Paper submitted by Canada to the [MO, BLG 151517,op. cit. Note that, in addition to the benefits derived from

physical expulsion and salinity shock, the combined process aJJows treatment systems to operate on a more uniform

and more biologicaJJy sparse feed water.

3 Publication of test results pending.

4 Sarah Bailey, DFO Canada, pers. comm ..

, Paper submitted by Canada to the IMO, BLG 15/517, op. cit., paragraph 18.
Ms. Tinka G. Hyde

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September 7, 2012

(2) prohibiting or directing the obotement of ony dischorge of sewoge, industriol

woste, or other wastes, into any woters of the state or the deposit thereof or the

discharge into any municipal disposal system where the same is likely to get into

any waters of the state in violation of this chapter and, with respect to the

pollution of waters of the state, chapter 116, or standards or rules promulgated

or permits issued pursuant thereto, and specifying the schedule of compliance

within which such prohibition or abatement must be accomplished; ...

The MPCAhas adopted the following narrative standard to protect the aquatic habitat of the

state:

7050.0150 DETERMINATIONOF WATER QUALITY,BIOLOGICALAND PHYSICAL

CONDITIONS,AND COMPLIANCEWITHSTANDARDS.

Subpart 1.Policy and scope. The intent of the state is to protect and maintain surface

waters in a condition which allows for the maintenance of all existing beneficial uses.

The condition of a surface woter body is determined by its physical, chemicol, and

biological qualities. The agency shall determine an exceedance of water quality

standards or an impaired condition based on pollution of the waters of the state

fram point and nonpaint sources that has resulted in degradation of the physical,

chemical, or biological qualities of the water body to the extent that attainable or

previously existing beneficial uses are actually or potentially lost.

The narrative water quality standards in subpart 3prescribe the qualities or

properties of surface waters that are necessary for the protection of designated

public uses and benefits. If the narrative stondards in this part are exceeded, it is

considered indicative of a polluted condition which is actually or potentially

deleterious, harmful, detrimental, or injurious with respect to the designated uses of

the waters of the state.

Subparts 5 to 7 list factors the commissioner will use to determine if surface waters

are in compliance with applicable narrative standards in subpart 3. Determination of

compliance with the narrative standards will be made for individual water bodies on

a case-by-case basis.

Subp. 2.Other standards preserved. The requirements of this part are in addition to

the application af other narrative or numeric water quality standards in this chapter.

If the requirements of this part conflict with any other narrative or numeric standard

in this chapter, the more stringent standard applies.

Subp. 3.Narrative standards. For all Class 2 waters, the aquatic habitat, which

includes the waters af the state and stream bed, shall not be degraded in any

material manner, there shall be no material increase in undesirable slime growths or

aquatic plants, including algae, nor shall there be any significant increase in harmful

pesticide or other residues in the waters, sediments, and aquatic flora and fauna; the

normal fishery and lower aquatic biota upon which it is dependent and the use

thereof shall not be seriously impaired or endangered, the species composition shall

nat be altered materially, and the propagation or migration of the fish and other
Ms. Tinka G. Hyde

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September 7,)012

bioto normally present shall not be prevented or hindered by the discharge of any

sewoge, industrial woste, or other wastes to the woters.

7050.0210 GENERALSTANDARDS FOR WATERS OF THESTATE.

Subpart 1.{Repeoled, 32 SR 1699}

Subp. 2.Nuisance conditions prohibited. No sewage, industriol waste, or other wostes

sholl be discharged from either point or nonpoint sources into any woters of the

state so as to couse any nuisonce conditions, such as the presence of significont

amounts of flooting solids, scum, visible oilfilm, excessive suspended solids, materiol

discolorotion, obnoxious odors, gas ebullition, deleterious sludge deposits,

undesiroble slimes orfungus growths, aquatic habitat degradation, excessive

growths of aquatic plonts, or other offensive or harmful 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 UNLISTEDNONNA TlVESPECIES.

Subdivision 1. Process. A person may not introduce on unlisted nonnotive aquatic

plont or wild animol species unless:

(l) the person has notified the commissioner in a manner ond form 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 is ollowed under the opplicable provisions of this 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 is one 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

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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 as promising 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 3 Summary 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

For vessels 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 as much 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 BALLAST WATER MANAGEMENT PLAN.

Subdivision 1.Bal/ast water management plan required.
Ms. Tinka G. Hyde

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September 7, 2012

(a) The aperator of a vessel thot is designed, constructed, or adapted to carry

ballast woter in state waters of Lake Superior shall conduct all ballast water

management operations of the vessel according ta a ballost water management

plan that is designed to minimize the discharge of invasive species, meets the

requirements prescribed by the commissioner under subdivision 2, and is

approved by the commissioner.

(b) The owner or operator of a vessel required to have a ballast water

management plan under paragraph (a) shall maintain a copy of the vessel's

ballast water management plan on board at all times and keep the plan readily

available for examination by the commissioner.

Subd. 2. Ballast water management plan appraval.

(a) The commissioner may not apprave a ballast water management plan unless

the commissioner determines that the plan:

(1) describes in detail the actions to be taken to implement ballast water

management;

(2) describes in detail the pracedures to be used for disposal of sediment at

sea and on share;

(3) describes in detail the safety pracedures for the vessel and crew

associated with ballast water management;

(4) designates the officer an board of the vessel in charge of ensuring that

the plan is properly implemented;

(5) contains the reporting requirements for vessels as prescribed by the

commissioner; and

(6) meets all ather requirements prescribed by the commissioner.

(b) The commissioner may approve a ballast water management plan for a

foreign vessel on the basis of a certificate of compliance with the criteria

described in paragraph (a) issued by the vessel's country of registration

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. In
Ms. Tinka G. Hyde

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September 7,2012

accordance with 40 CFR9 124.53 (e)(2), this condition cannot be made less stringent and still

comply with State water quality standards.

6. Monitoring Requirements

Requirements:

a. Monitoring for vessels required to meet the 2013 VGP(numeric limits equivalent to IMO 0-2)

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 VGP and operating in

Minnesota waters after a Ballast Water Treatment System is installed must sample and analyze

the ballast water discharge at least once a year (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 VGP for 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 to meet 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, as well as the 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 by the 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.
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Ms. Tinka G. Hyde

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September 7,2012

Summary of the Basis

Persons discharging ballast water have a duty, when requested, to provide information

regarding that discharge to the MPCA under the following statutes and rules:

Minn. Stat. 9115.04 DISPOSALSYSTEMSAND POINTSOURCES.

Subdivision 1. Information. Any person operating or installing a disposal system or

ather point source, or portion thereof, when requested by the agency, or any

member, employee or agent thereof, when authorized by it, shall furnish to it any

information which that person may have or which is relevant to the subject of this

chapter, chapter 114C, and, with respect to the pollution of waters of the state, of

chapter 116.

7053.0205 GENERAL REQUIREMENTS FOR DISCHARGES TO WATERS OF THE

STATE.

Subp. 12. Point saurce dischargers must report to agency. All persons operating or

respansible far sewage, industrial waste, or other waste disposal systems that are

adjacent to or that discharge effluents to waters of the state shall submit a report to

the agency upon request on the operation of the disposal system, the effluent flow,

and the characteristics of the effluents and receiving waters. Sufficient data on

measurements, observations, sampling, and analyses, and other pertinent

information must be furnished as may be required by the agency to adequately

evaluate the condition of the disposal system, the effluent, and the waters receiving

or affected 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 CFR9 124.53 (e)(2),

this condition cannot be made less stringent 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) is a feasible and

cost-effective approach for sampling vessel ballast discharges. Vessels which ply the Great Lakes

could use this 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 chemical
Ms. Tinka G. Hyde

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September 7, 2012

additives are established by the permit. Obtaining coverage under the 2013 VGP does 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 by the 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) Except as provided in paragraph (b), it is unlawful for any person

to construct, install, or operate a disposal system, or any part thereof, until plans and

specifications for the disposal system have been submitted to the agency, unless the agency

waives submission of the plans and specifications and a written permit for the disposal system is

granted by the 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 VGP does not release any person from the duty to comply with

state laws, statutes and rules.

The contact for compliance and submittal questions is John Thomas, WQ Compliance Specialist, MPCA,

Suite 400, 525 Lake Avenue 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 Rules Section

Municipal Division

DR/KF:rm

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