Proposed 2013 Vessel General Permit (VGP) Fact Sheet



## U.S. Environmental Protection Agency 2011 Proposed Issuance of 

# National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP) for Discharges Incidental to the Normal Operation of

Vessels

Draft Fact Sheet

Agency: Environmental Protection Agency (EPA)

Action: Notice of NPDES General PermitProposed 2013 Vessel General Permit (VGP) Fact Sheet

i TABLE OF CONTENTS

1. General Information ................................................................................................................ 1

1.1 Does this Action Apply to Me? ........................................................................................ 1

1.2 Public Comment ............................................................................................................... 1

1.2.1 Submitting Comments .............................................................................................. 2

1.2.2 What Should I Consider As I Prepare My Comments for EPA? .............................. 2

1.2.3 Tips for Preparing Your Comments .......................................................................... 3

1.2.4 How and to Whom Do I Submit Comments? ........................................................... 3

1.3 Public Hearing, Meetings, and Webcast Information ...................................................... 4

1.3.1 Public Hearing .......................................................................................................... 4

1.3.2 Public Meetings ........................................................................................................ 4

1.3.3 Webcast ..................................................................................................................... 4

1.4 Further Information .......................................................................................................... 5

2. Bac kground ............................................................................................................................. 6

2.1 The Clean Water Act ........................................................................................................ 6

2.2 Legal Challenges .............................................................................................................. 6

2.3 Cong ressional Legislation ................................................................................................ 7

2.4 General Permits ................................................................................................................ 8

2.5 EPA’s Federal Register Notice Soliciting Information on Vessel Discharges ................ 9

2.6 Economic Impacts .......................................................................................................... 11

3. The Permit ............................................................................................................................. 13

3.1 Geographic Scope of the Permit ..................................................................................... 13

3.2 Structure of the Permit (Part 1.1) ................................................................................... 14

3.3 What is the Vessel Universe Affected by This Permit? ................................................. 14

3.4 Regulation of Constituents in the Discharges Under the Permit .................................... 15

3.4.1 Aquatic Nuisance Species ....................................................................................... 16

3.4.2 Nutrients .................................................................................................................. 17

3.4.3 Pathogens ................................................................................................................ 18

3.4.4 Oil and Grease ......................................................................................................... 19

3.4.5 Metals ...................................................................................................................... 19

3.4.6 Toxic and Non-Conventional Pollutants with Toxic Effects .................................. 20

3.4.7 Other Non -Conventional and Conventional Pollutants (Except Fecal Coliform) .. 20

3.5 Coverage Under the Permit ............................................................................................ 21

3.5.1 Eligibility (Part 1.2) ................................................................................................ 21

3.5.1.1 Deck Washdown and Runoff and Above Water Line Hull Cleaning ............... 22

3.5.1.2 Bilgewater ......................................................................................................... 22

3.5.1.3 Ballast Water ..................................................................................................... 22

3.5.1.4 Anti -Fouling Leachate from Anti- Fouling Hull Coatings ................................ 23

3.5.1.5 Aqueous Film Forming Foam (AFFF) .............................................................. 23

3.5.1.6 Boiler/Economizer Blowdown .......................................................................... 23

3.5.1.7 Cathodic Protection ........................................................................................... 23

3.5.1.8 Chain Locker Effluent....................................................................................... 24

3.5.1.9 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil to Sea Interfaces including Lubrication discharges from Paddle Wheel Propulsion, Stern Tubes,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

ii Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, Propulsion Pod Lubrication, and Wire Rope and Mechanical Equipment Subject to Immersion ............. 24

3.5.1.10 Distillation and Reverse Osmosis Brine .......................................................... 25

3.5.1.11 Elevator Pit Effluent ........................................................................................ 25

3.5.1.12 Firemain Systems ............................................................................................ 25

3.5.1.13 Freshwater Layup ............................................................................................ 25

3.5.1.14 Gas Turbine Water Wash ................................................................................ 26

3.5.1.15 Graywater ........................................................................................................ 26

3.5.1.16 Motor Gasoline and Compensating Discharge ................................................ 26

3.5.1.17 Non

- Oily Machinery Wastewater .................................................................... 26

3.5.1.18 Refrigeration and Air Condensate Discharge .................................................. 27

3.5.1.19 Seawater Cooling Overboard Discharge (Including Non- Contact Engine Cooling Water, Hydraulic System Cooling Water, Refrigeration Cooling Water) .......... 27

3.5.1.20 Seawater Piping Biofouling Prevention .......................................................... 27

3.5.1.21 Boat Engine Wet Exhaust ................................................................................ 27

3.5.1.22 Sonar Dome Discharge .................................................................................... 27

3.5.1.23 Underwater Ship Husbandry Discharges ......................................................... 27

3.5.1.24 Welldeck Discharges ....................................................................................... 27

3.5.1.25 Graywater Mixed with Sewage from Vessels ................................................. 28

3.5.1.26 Exhaust Gas Scrubber Washwater Discharge ................................................. 28

3.5.1.27 Fish Hold Effluent ........................................................................................... 28

3.5.2 Discharge Types Specifically Not Authorized By This Permit .............................. 29

3.5.2.1 Discharges Not Subject to Former NPDES Permit Exclusion Including Vessels Being Operated in a Capacity Other than as a Means of Transportation .......................... 29

3.5.2.2 Sewage from Vessels ........................................................................................ 30

3.5.2.3 Used or Spent Oil .............................................................................................. 30

3.5.2.4 Rubbish, Trash, Garbage or Other Materials Discharged Overboard ............... 30

3.5.2.5 Photo Processing Waste .................................................................................... 30

3.5.2.6 Effluent from Dry Cleaning Operations ........................................................... 30

3.5.2.7 Discharges of Medical Waste and Related Materials ....................................... 30

3.5.2.8 Discharges of Noxious Liquid Substance (NLS) Residues .............................. 31

3.5.2.9 Tetrachloroethylene (Perchloroethylene) Degreasers or Other Products Containing Tetrachloroethylene........................................................................................ 31

3.5.2.10 Discharges Currently or Previously Covered by Another NPDES Permit ...... 31

3.6 Permit Complianc e (Part 1.4) ......................................................................................... 31

3.7 Authorization Under the Permit (Part 1.5) ..................................................................... 32

3.7.1 No Requirement to Submit a Notice of Intent (NOI) for Certain Vessels .............. 32

3.7.2 How to Obtain Authorization (Part 1.5.1) .............................................................. 34

3.7.2.1 Owner/Operators Required to Submit NOIs (Part 1.5.1.1) ............................... 34

3.7.2.2 Owner/Operators Not Required to Submit NOIs (Part 1.5.1.2) ........................ 35

3.7.3 Continuation of the Permit (Part 1.5.2) ................................................................... 36

3.8 Terminating Coverage (Part 1.6) .................................................................................... 36

3.8.1 Submitting a Notice of Termination (NOT) (Part 1.6.1.1) ..................................... 36

3.8.2 When to Submit a Notice of Termination (Part 1.6.1.2 and Part 1.6.2) ................. 37

3.8.2.1 Terminating Coverage for Vessels Required to Submit an NOI ...................... 37

3.8.2.2 Terminating Coverage for Vessels Not Required to Submit an NOI ............... 37Proposed 2013 Vessel General Permit (VGP) Fact Sheet

iii 3.9 Certification (Part 1.7) .................................................................................................... 37

3.10 Alternative Permits (Part 1.8) ..................................................................................... 38

3.10.1 EPA Requiring Coverage Under an Alternative Permit (Part 1.8.1) ...................... 38

3.10.2 Permittee Requesting Coverage Under an Alternative Permit (Part 1.8.2) ............ 38

3.11 Permit Reopener Clause (Part 1.9) ............................................................................. 38

3.12 Ocean Discharge Criteria ............................................................................................ 39

3.13 Other Conditions (Parts 1.11, 1.12, and 1.13) ............................................................ 41

3.14 Electronic Reporting Requirement ............................................................................. 42

3.15 Additional Notes ......................................................................................................... 42

4. Effluent Limitations .............................................................................................................. 44

4.1 Background .................................................................................................................... 44

4.1.1 The Clean Water Act Requires EPA to Develop Effluent Limitations that Represent the Following: ...................................................................................................... 44

4.1.1.1 Best Practicable Control Technology Currently Available (BPT) ................... 44

4.1.1.2 Best Conventional Pollutant Control Technology (BCT) ................................. 44

4.1.1.3 Best Available Technology Economically Achievable (BAT) ......................... 45

4.1.2 Numeric Limitations Are Infeasible ....................................................................... 45

4.2 Technology- Based Effluent Limits ................................................................................ 46

4.2.1 Types of Technology- Based Effluent Limits .......................................................... 46

4.2.2 Inclusion of Non-Numeric Technology- Based Limits in NPDES Permits ............ 46

4.2.3 EPA’s Decision to Include Non-Numeric Technology- Based Effluent Limits in This Permit and Rationale for Why the Limits Represent the Appropriate (BPT, BCT or BAT) Level of Control.......................................................................................................... 47

4.3 Technology- Based Effluent Limits and Related Requirements in the Permit ............... 52

4.3.1 General Effluent Limits (Part 2.1) .......................................................................... 52

4.3.1.1 Material Storage (Part 2.1.1) ............................................................................. 52

4.3.1.2 Toxic and Hazardous Materials (Part 2.1.2) ..................................................... 53

4.3.1.3 Fuel Spills/Overflows (Part 2.1.3) .................................................................... 53

4.3.1.4 Discharges of Oil, Including Oily Mixtures (Part 2.1.4) .................................. 53

4.3.1.5 Compliance with Other Statutes and Regulations Applicable to Vessel Discharges (Part 2.1.5) ...................................................................................................... 54

4.3.1.6 General Training ............................................................................................... 56

4.4 Effluent Limits and Related Requirements for Specific Discharge Categories (Part 2.2) ................................................................................................................................... 57

4.4.1 Deck Washdown and Runoff Including Above Water Line Hull Cleaning (Part 2.2.1) ............................................................................................................................ 57

4.4.2 Bilgewater (Part 2.2.2) ............................................................................................ 58

4.4.2.1 Today’s Proposed Bilgewater Requirements .................................................... 59

4.4.2.2 Request for Comment on Whether to Include More Stringent Bilgewater Management Requirements for New Build Vessels and Whether to Provide Existing Vessels with Additional Bilgewater Management Options .............................................. 60

4.4.2.2.1 Potential Supplemental VGP Bilgewater Permit Language ....................... 61

4.4.2.2.2 Justification for Potential Supplemental VGP Bilgewater Permit Language .................................................................................................................... 62

4.4.2.2.3 Annual monitoring to Assure Accurate Oil Content Monitor Calibration . 67Proposed 2013 Vessel General Permit (VGP) Fact Sheet

iv 4.4.2.2.4 Why EPA is Considering Annual Monitoring to Assure Accurate Oil

Content Monitor Calibratio n .......................................................................................... 69

4.4.2.2.5 Potential Costs of New Bilgewater Requirements ...................................... 69

4.4.3 Ballast Water (Part 2.2.3) ........................................................................................ 70

4.4.3.1 Training ............................................................................................................. 72

4.4.3.2 Ballast Water Management Plans ..................................................................... 72

4.4.3.3 Mandatory Ballast Water Management Practices: Management Measures Required of all Vessel Owner/Operators .......................................................................... 73

4.4.3.4 Mandatory Ballast Water Management Practices for Existing Bulk Carrier Vessels ( Commonly Known as Lakers)Built Before January 1, 2009, Confined Exclusively to the Great Lakes Upstream of the Welland Canal ...................................... 75

4.4.3.5 Ballast Water Treatment Measures ................................................................... 76

4.4.3.5.1 Ballast Water Management Using a Ballast Water Treatment System ........... 76

4.4.3.5.1.1 Monitoring from Vessels Using a Ballast Water Treatment System ........... 83

4.4.3.5.1.1.1 Ballast Water System Functionality Monitoring .............................. 84

4.4.3.5.1.1.2 Ballast Water Monitoring Equipment Calibration ............................ 86

4.4.3.5.1.1.3 Effluent Biological Organism Monitoring ........................................ 86

4.4.3.5.1.1.4 Authorization of Residual Biocides Associated with Ballast Water Treatment Systems .................................................................................................. 88

4.4.3.5.1.1.5 Residual Biocide or Derivative Monitoring ..................................... 90

4.4.3.5.1.1.6 Use of Biocides not Specifically Addressed in Part 2.2.3.5.1.1.1

of the Permit .......................................................................................................... 92

4.4.3.5.1.1.7 Ballast Water Treatment System Recordkeeping and Reporting ... 101

4.4.3.5.2 Onshore Treatment of Ballast Water ............................................................. 102

4.4.3.5.3 Use of Public Water Supply Water ............................................................... 104

4.4.3.5.4 No Discharge of Ballast Water ...................................................................... 105

4.4.3.5.5 Schedule for when Ballast Water Treatment Becomes BAT (and T herefore Required) ....................................................................................................................... 106

4.4.3.5.6 Vessels Not Required to Meet Part 2.2.3.5 Treatment Standards ................. 108

4.4.3.5.6.1 Vessels Engaged in Short- Distance Voyages ........................................... 109

4.4.3.5.6.2 Unmanned, Unpowered Barges ................................................................ 110

4.4.3.5.6.3 Existing Bulk Carrier Vessels (Commonly Known as Lakers) Built Before January 1, 2009, Confined Exclusively to the Great Lakes Upstream of the Welland

Canal .................................................................................................................. 111

4.4.3.5.7 Data Sources and Request for Comment on the Status of Ballast Water Treatment Technologies ............................................................................................... 113

4.4.3.5.8 EPA’s Request for Comment on the “California Ballast Water Treatment

Standards” .................................................................................................................. 113

4.4.3.6 Interim Requirements for Vessels Not Meeting the Ballast Water Management

Measures in Part 2.2.3.5 of the VGP .............................................................................. 114

4.4.3.6.1 Requirements for Oceangoing Voyages While Carrying Ballast Water ....... 114

4.4.3.6.2 Vessels Carrying Ballast Water Engaged in Pacific Nearshore Voyages ..... 115

4.4.3.6.3 Mandatory Saltwater Flushing ...................................................................... 116

4.4.3.6.4 Vessels that Complete Ballast Water Exchange Must Do So as Early as

Practicable ....................................................................................................................... 118

4.4.3.6.5 Requirements for Tankers Engaged in the Coastwise Trade ........................ 118Proposed 2013 Vessel General Permit (VGP) Fact Sheet

v 4.4.3.7 Vessels Entering the Great Lakes ................................................................... 118

4.4.3.8 Vessels in the U.S. Coast Guard Shipboard Technology Evaluation Program (STEP) ......................................................................................................................... 119

4.4.3.9 Narrative Water Quality Based Effluent Limit Applicable to Ballast Wat er Discharges ....................................................................................................................... 120

4.4.3.9.1 EPA’s Charge to the NAS ........................................................................ 120

4.4.3.9.2 Effectiveness of the TBEL at Addressing Water Quality Impacts ........... 122

4.4.3.9.3 Reasonable Potential Determination for Ballast Water Discharges ......... 124

4.4.3.9.4 Ballast Water WQBELs ............................................................................ 125

4.4.3.9.4.1 WQBELs are Infeasible to Calculate ........................................................ 125

4.4.3.9.4.2 WQBELs in Today’s Permit ..................................................................... 126

4.4.4 Antifouling Hull Coating Leachate (Part 2.2.4).................................................... 127

4.4.5 Aqueous Film-Forming Foam (AFFF) (Part 2.2.5) .............................................. 130

4.4.6 Boiler/Economizer Blowdown (Part 2.2.6) .......................................................... 131

4.4.7 Cathodic Protection (Part 2.2.7)............................................................................ 131

4.4.8 Chain Locker Effluent (Part 2.2.8) ....................................................................... 132

4.4.9 Controllable Pitch Propeller (CPP) 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, and Propulsion Pod Lubrication and Wire Rope and Mechanical Equipment Subject to Immersion (Part 2.2.9). ............................................................................................................................... 133

4.4.10 Distillation and Reverse Osmosis Brine (Part 2.2.10) .......................................... 136

4.4.11 Elevator Pit Effluent (Part 2.2.11) ........................................................................ 136

4.4.12 Firemain Systems (Part 2.2.12) ............................................................................. 136

4.4.13 Freshwater Layup (Part 2.2.13) ............................................................................ 137

4.4.14 Gas Turbine Wash Water (Part 2.2.14) ................................................................. 137

4.4.15 Graywater (Part 2.2.15)......................................................................................... 137

4.4.15.1 Additional Graywater Requirements for Vessels Operating in the

Great Lakes ..................................................................................................................... 139

4.4.15.2 Graywater Monitoring ................................................................................... 139

4.4.16 Motor Gasoline and Compensating Discharge (Part 2.2.16) ................................ 140

4.4.17 Non -Oily Machinery Wastewater (Part 2.2.17) .................................................... 140

4.4.18 Refrigeration and Air Condensate Discharge (Part 2.2.18) .................................. 141

4.4.19 Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling
Water; H ydraulic System Cooling Water, Refrigeration Cooling Water) (Part 2.2.19) ..... 141

4.4.20 Seawater Piping Biofouling Prevention (Part 2.2.20) ........................................... 141

4.4.21 Boat Wet Engine Exhaust (Part 2.2.21) ................................................................ 142

4.4.22 Sonar Dome Discharge (Part 2.2.22) .................................................................... 143

4.4.23 Underwater Ship Husbandry Discharges (Part 2.2.23) ......................................... 143

4.4.24 Welldeck Discharges (Part 2.2.24) ....................................................................... 144

4.4.25 Graywater Mixed with Sewage from Vessels (Part 2.2.25).................................. 144

4.4.26 Exhaust Gas Scrubber Washwater Discharge (Part 2.2.26) .................................. 145

4.4.27 Fish Hold Effluent................................................................................................. 148

4.5 Additional Water Quality

- Based Effluent Limits (Part 2.3) ........................................ 149

5. Corrective Actions (Part 3) ................................................................................................. 151

5.1 Purpose of Corrective Action Schedules ...................................................................... 151Proposed 2013 Vessel General Permit (VGP) Fact Sheet

vi 6. Inspections, Monitoring, Reporting, Recordkeeping (Part 4) ............................................. 152

6.1 Self -Inspections and Monitoring (Part 4.1) .................................................................. 153

6.2 Drydocking Inspection Reports (Part 4.1.4) ................................................................. 157

6.3 Recordkeeping Requirements (Parts 4.2 and 4.3) ........................................................ 157

6.3.1 Electronic Records ................................................................................................ 158

6.4 Reporting (Part 4.4) ...................................................................................................... 160

6.4.1 Annual Report ....................................................................................................... 160

6.4.2 Co mbined Annual Reports for Unmanned, Unpowered Barges ........................... 161

6.5 Applicability of Inspection and Recordkeeping Requirement for Vessels Leaving Waters Subject to This Permit ................................................................................................ 162

7. Additional technology based and related Permit Requirements Based on Class of Vessel (Vessel Class

- Specific Requirements) (Part 5) ........................................................................... 163

7.1 Large Cruise Ships (Part 5.1) ....................................................................................... 163

7.1.1 Graywater Management ........................................................................................ 163

7.1.1.1 Pierside Limits ................................................................................................ 166

7.1.1.2 Operational Limits .......................................................................................... 166

7.1.1.3 Limits Applicable to Operation in Nutrient Impaired Waters ........................ 167

7.1.1.4 Graywater Treatment Standards ..................................................................... 168

7.1.1.5 Sculleries and Galleys ..................................................................................... 168

7.1.1.6 Other Materials ............................................................................................... 168

7.1.1.7 Pool and Spa Discharges ................................................................................. 169

7.1.2 Monitoring Requirements (Part 5.1.2) .................................................................. 169

7.1.2.1 Untreated Graywater ....................................................................................... 170

7.1.2.2 Treated Graywater .......................................................................................... 170

7.1.2.3 Initial Monitoring ............................................................................................ 170

7.1.2.4 Maintenance Monitoring ................................................................................. 171

7.1.2.5 Treated Pool and Spa Discharges (5.1.2.3) ..................................................... 171

7.1.2.6 Monitoring Reporting ..................................................................................... 172

7.1.2.7 Reserved Authority ......................................................................................... 172

7.1.3 Education and Training Requirements (Part 5.1.3) .............................................. 172

7.2 Medium Cruise Ships [Part 5.2] ................................................................................... 173

7.2.1 Differences Between the Requirements for Large Cruise Ships and Medium Cruise Ships ........................................................................................................................ 173

7.2.1.1 Different Requirements in Nutrient Impaired Estuaries ................................. 174

7.2.1.2 Differences for Existing Medium Cruise Ships Built Before December 19, 2008 Unable to Voyage More than 1 nm from Shore ..................................................... 174

7.3 Large Ferries (Part 5.3) ................................................................................................ 175

7.4 Barges (Including Hopper Barges, Chemical Barges, Fuel Barges, Crane Barges, Dry Bulk Cargo Barges) (Part 5.4) ......................................................................................... 176

7.5 Oi l and Petroleum Tankers (Part 5.5) ........................................................................... 177

7.6 Research Vessels (Part 5.6) .......................................................................................... 178

7.7 Emergency Vessels (Part 5.7) ...................................................................................... 178

8. State or Tribal Requirements (Part 6) ................................................................................. 179

9. Definitions (Appendix A) ................................................................................................... 179

10. Notice of Intent and Notice of Termination (Appendix E and F) ................................... 179Proposed 2013 Vessel General Permit (VGP) Fact Sheet

vii 11. Waters Federally Protected Wholly or in Part for Conservation Purposes [Appendix G] .............................................................................................................................. 180

12. Other Legal Requirements .............................................................................................. 180

12.1 Coastal Zone Management Act (CZMA) ................................................................. 180

12.2 Endangered Species Consultation ............................................................................ 180

12.3 Essential Fish Habitat Consultation .......................................................................... 181

12.4 Marine Protection, Research and Sanctuaries Act .................................................... 181

12.5 Oil Spill Requirements ............................................................................................. 181

12.6 Paperwork Reduction Act ......................................................................................... 182

12.7 Executive Order 12898: Federal Actions to Address Environme ntal Justice in Minority Populations and Low-Income Populations .............................................................. 182

13. References ....................................................................................................................... 183

L IST OF TABLES

Table 1: Estimates of Invasive Species in Several Major Water Systems .................................... 16 Table 2: Summary of Type Approval and Shipboard Monitoring Data for Bilgewater Separators .............................................................................................................................. 64 Table 3: Ballast Water Sediment Disposal Methods by Vessel Types/Categories Based on NOI Data for the 2008 VGP (Data Current as of December 2010: Values are in Percent of

Vessels for which a Response was Provided) ....................................................................... 74

Table 4: AWT Effluent Concentrations and Removals .............................................................. 164

L IST OF FIGURES

Figure 1. Installation Schedule of Ballast Water Treatment Systems Estimated by the Government of Japan (MEPC 61/2/17). ............................................................................. 107Proposed 2013 Vessel General Permit (VGP) Fact Sheet

1 1. GENERAL INFORMATION

EPA has generally worded this fact sheet as if the proposed permit w ere final, using phrasing such as “the Permit requires XXX” rather than “the Permit, if finalized, will require XXX” or “the draft permit would require XXX,” because we believe this presentation would best

allow commenters to see how the fact sheet would appear in final form. However, EPA will consider all public comments on the proposed permit and fact sheet and will make appropriate changes in response to such comments.

1.1 D OES THIS A CTION A PPLY TO M E ?

This action is the reiss uance of EPA’s Vessel General Permit (VGP). The first iteration of the VGP expires on December 19, 2013. This second issuance of the VGP will replace that permit. This action applies to vessels operating in a capacity as a means of transportation, that have discharges incidental to their normal operations into waters subject to this permit, except recreational vessels as defined in Clean Water Act §502(25) , P.L. 110-288. Unless otherwise excluded from coverage by Part 6 of the permit, waters subject to this permit means waters of the U.S. as defined in 40 CFR§122.2. That provision defines “waters of the U.S.” as certain inland waters and the territorial sea, which extends three miles from the baseline (as used in this document, mile means nautical mile, i.e., 6076 feet). 1 Note that the Clean Water Act (CWA) does not require NPDES permits for vessels or other floating craft operating as a means of transportation beyond the territorial seas, i.e., in the contiguous zone or ocean as defined by the CWA §§ 502(9), (10). See CW A §502(12) and 40 CFR §122.2 (definition of “discharge of a pollutant”). This permit, therefore, does not apply in such waters.

Non- recreational vessels greater than 79 feet , which are not vessels of the armed forces, operating in a capacity as a means of transportation needing NPDES coverage for their incidental discharges will generally be covered under the VGP. Similarly situated vessels less than 79 feet may be covered under the VGP, or may instead opt for coverage under the Small Vessel General

Permit (s V GP).

1.2 P UBLIC C OMMENT

EPA is soliciting comment on the draft Vessel General Permit (VGP). Comments on any provision of the permit, or comments on the fact sheet discussion, are welcome. 2 The comment period is open for 75 days from publication of the Notice in the Federal Register announcing this permit. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov , except for material claimed as confidential business information ( see Section 1.2.2 below).

1 More specifically, CWA section 502(8) defines “territorial seas” as “the belt of the seas measured from the line of the ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of t hree miles.”

2 Note that in many places, EPA requests comments on specific aspects of today’s draft permit; these specific solicitations are meant to highlight for commenters areas on which they may wish to focus, most often because they involve provisions not contained in the 2008 VGP. They should not be interpreted as discouraging comment on other provisions of the draft permit.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

2 1.2.1 Submitting Comments

Comments may be submitted to EPA in the following ways:

• EPA Dockets. Use of EPA's e lectronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to www.regulations.gov and follow the online instructions for submitting comments. Once in the system, select “search” and then Docket ID No. EPA

- HQ

- OW -2011- 0141. The system is an “anonymous access” system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment.

• E- mail. Comments may be sent by electronic mail (e

- mail) to ow- docket@epa.gov

, Attention: Docket ID No. EPA- HQ

- OW - 2011-0141. In contrast to EPA's electronic public docket, EPA's e- mail system is not an “anonymous access” system. If you send

an e

- mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e- mail system automatically captures your e

- mail address. E

mail addresses that are automatically captured by EPA's e

- mail system are included as part of the commen t that is placed in the official public docket, and made available in EPA's electronic public docket.

• Disk or CD-ROM. You may submit comments on a disk or CD- ROM that you mail to the mailing address identified below. These electronic submissions will be ac cepted in Microsoft Word or ASCII file format. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Avoid the use of special characters and any form of

encryp tion.

• By Mail. Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention: Docket ID No. EPA- HQ

- OW - 2011-0141.

• By Hand Delivery or Co urier. Deliver your comments to: Public Reading Room, Room B102, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 20004, Attention Docket ID No. EPA- HQ

- OW - 2011-0141. Such deliveries are only accepted during the Docket's normal hours of operation as identified below. Special arrangements should be made for deliveries of boxed information.

1.2.2 What Should I Consider A s I Prepare My Comments for EPA?

Submitting Confidential Business Information (CBI). Do not submit this information to EPA through www.regulations.gov or e

- mail. Clearly mark the part of all of the information that you claim to be CBI. For CBI information in a disk or CD- ROM that you mail to EPA, mark the

outside of the disk or CD- ROM as CBI a nd then electronically identify within the disk or CDROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. CBI so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

3 1.2.3 Tips for Preparing Your Comments

Please follow these guidelines as you prepare your comments so that EPA can better address them in a timely manner.

1. Identify the permit by docket number and other identifying information (subject heading, Federal Register date, and page number).

2. Explain why you agree or disagree with any proposed provis ions; suggest alternatives and substitute language for your requested changes. You may wish to examine the draft NPDES Vessel General Permit for discharges incidental to the normal operation of commercial and large recreational vessels (VGP), also propose d today, for further information on issues associated with permitting vessel discharges.

3. Describe any assumptions, and provide any technical information and/or data that you

used.

4. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

5. Provide specific examples to illustrate your concerns, and suggest alternatives.

6. Explain your views as clearly as possible.

7. Make sure to submit your comments by the comment period deadline. EPA is not obligated to accept or consider late comments.

1.2.4 How and to Whom Do I Submit Comments?

The opportunity to raise issues and provide information on this general permit is during the public comment period ( see 40 CFR 124.13 for more information). You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your

comment. To ensure that EPA can read , understand, and therefore properly respond to comments, the Agency would prefer that commenters cite, where possible, the paragraph(s) or section in the fact sheet or part of the permit to which each comment refers. Please ensure that

your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late

comments.

For additional information about EPA’s public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm . Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Water Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. A reasonable fee may be charged for copying. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Water Docket is (202) 566-1744.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

4 1.3 P UBLIC H EARING , M EETINGS , AND W EBCAST I NFORMATION

1.3.1 Public Hearing

Because EPA anticipates a significant degree of public interest in the sVGP, EPA will hold a public hearing on Wednesday January 11, 2012 to receive public comment and answer questions concerning the draft sVGP (and draft VGP), and will present the proposed requirements of the draft VGP and the draft sVGP and the basis for those requirements. The

heari ng will be held at EPA East Room 1153, 1201 Constitution Ave NW, Washington DC 20460, from 9:00 a.m. to 5:00 p.m. (EST) or until all comments have been heard. Any person may provide written or oral statements and data pertaining to the draft permits at th e public hearing. Depending on the number of people who desire to make an oral statement, EPA may impose limits on the time allowed for oral statements, which may result in the full statement not being heard. Therefore, EPA recommends that all those plan ning to present oral statements also submit written statements. Any person not making an oral statement may also submit a written statement. Please note that the public hearing may close early if all business is finished.

1.3.2 Public Meetings

The focus of the public meeting is to present the proposed requirements of the VGP (and sVGP) and the basis for those requirements, as well as to answer questions concerning the draft permits. At this meeting, any person may provide written or oral statements and data pertaining to the draft permits. The date, time, and location of the public meeting is as follows:

• Monday January 23, 2012, 10 a.m. to 5 p.m. CST or until all comments have been heard, Ralph H. Metcalfe Federal Building, Room 331, 77 West Jackson Blvd, Chicago IL

60604.

Depending on public interest, EPA may host at least one additional pub lic meeting. Please see EPA’s web page at www.epa.gov/npdes/vessels , which will announce any additional public meeting s. EPA will announce the public meeting on its Web page at least four weeks before it is

scheduled to occur.

EPA encourages interested and potentially affected stakeholders to attend one of the scheduled public meetings or hearings and provide oral or w ritten comments. These meetings are open to the public. Please note that the public meeting may end early if all business is finished. Oral or written comments received at the public meeting will be entered into the Docket. If you are unable to attend, you may submit comments to the EPA Water Docket at the

address listed under ADDRESSES in Section 1.2.1 above.

1.3.3 Webcast

EPA is scheduling a webcast to provide information on the draft permits and to answer questions for interested parties that are unable to attend the public meetings or public h earing. For information on the time, how to register, and how to attend the webcast, see EPA’s website

at http://www.epa.gov/npdes/vessels . EPA plans to schedule this webcast in the latter half of January and will announce it on its Web page at least four weeks before it is scheduled to occur. EPA also plans to make a recording of this webcast available on its webpage for future playback.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

5 1.4 F URTHER I NFORMATION

Supporting information and materials for this permit are included in Docket ID No. EPAHQ

- OW -2011-0141-available at: www.regulations.gov.

For f urther information on the VGP, please send an email to vgp@epa.gov or contact Ryan Albert at (202) 564-0763 or Juhi Saxena at (202) 564-0719.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

6 2. BACKGROUND

2.1 T HE C LEAN W ATER A CT

Section 301(a) of the Clean Water Act (CWA) provides that “the discharge of any pollutant by any person shall be unlawful” unless the discharge is in compliance with certain other sections of the Act. 33 U.S.C. 1311(a). The CWA defines “discharge of a pollutant” as “(A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.” 33 U.S.C. 1362(12). A “point source” is a “discernible, confined and discrete conveyance” and includes a “vessel or other floating craft.” 33 U.S.C. 1362(14).

The term “pollutant” includes, among other things, “garbage... chemical wastes ...and industrial, municipal, and agricultural waste discharged into water.” The Act's definition of “pollutant” specifically excludes “sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces” within the meaning of CWA §312. 33 U.S.C. 1362(6).

One way a person may discharge a pollutant without violating the section 301 prohibition is by obtaining authorization to discharge (referred to herein as “coverage”) under a section 402

Nation al Pollutant Discharge Elimination System (NPDES) permit (33 U.S.C. § 1342). Under section 402(a), EPA may “issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding section 1311(a)” upon certain conditions required b y the Act.

2.2 L EGAL C HALLENGES

In December 2003, a long-standing exclusion of discharges incidental to the normal operation of vessels from the NPDES program became the subject of a lawsuit in the U.S. District Court for the Northern District of California ( Northwest Envtl. Advocates et al. v. United

States EPA , 2005 U.S. Dist. LEXIS 5373 (N.D. Cal. 2005)). On March 30, 2005, the U.S.

District Court for the Northern District of California determined that the exclusion exceeded the Agency’s authority under the CWA, and, in September 2006 issued a final order providing that:

The blanket exemption for discharges incidental to the normal operation of a vessel, contained in 40 CFR 122.3(a), shall be vacated as of September 30, 2008.

Northwest Envtl. Advocates et al. v. United States EPA , 2006 U.S. Dist. LEXIS 69476 (N.D. Cal. 2006).

EPA appealed the District Court’s decision to the Ninth Circuit, and on July 23, 2008, the Court upheld the decision. Northwest Envtl. Advocates v. EPA , 537 F.3d 1006 (9th Cir. 2008).

This meant that, effective December 19, 2008, except for those vessels exempted from NPDES permitting by Congressional legislation, discharges incidental to the normal operation of vessels which were excluded from NPDES permit ting by 40 CFR 122.3(a), were subject to CWA section 301’s prohibition against discharging, unless covered under an NPDES permit. The CWA authorizes civil and criminal enforcement for violations of that prohibition and also allows for citizen suits against violators.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

7 In response to the court decisions, EPA issued the VGP in December 2008. 3 In 2009, several environmental groups, industry groups, and the State of Michigan challenged EPA’s issuance of the 2008 VGP. On March 8, 2011, EPA reached settlement with the environmental groups and the State of Michigan. These settlement agreements are available in the docket for today’s draft permit or may be obtained at : http://www.epa.gov/npdes/pubs/settlement_agreement_mi_nrdc.pdf.

EPA and the vessel industry groups challenging EPA’s issuance of the 2008 VGP did not reach settlement and the litigation therefore proceeded to briefing. Among other things, Lake Carriers argued that EPA violated the Administrative Procedure Act by not providing for notice

and comment at the federal level of the 401 certification conditions included in Part 6 of the 2008 VGP. EPA ’s position wa s that notice and comment at the federal level is not required because, among other things, the CWA requires the Agency to include 401 certification conditions in the VGP without modification and CWA section 401 places the requirement to obtain public input on state CWA 401 certification conditions on the certifying state agencies, not EPA. On July 22, 2011, the Court denied the petition for review, concluding that “the petitioners have failed to establish that EPA can alter or reject state certification conditions, [and therefore] the additional agency procedures they demand would not have afforded them the relief they seek.” Lake Carriers' Ass'n v. EPA , 2011 U.S. App. LEXIS 14996, Page 20 (D.C. Cir. July 22, 2011).

2.3 C ONGRESSIONAL L EGISLATION

In late July 2008, Congress enacted two pieces of legislation to exempt discharges incidental to the normal operation of certain types of vessels from the need to obtain an NPDES permit.

The first of these, entitled the Clean Boating Act of 2008, amends the CWA to provide that discharges incidental to the normal operation of recreational vessels are not subject to NPDES permitting, and instead, creates a new re gulatory regime to be implemented by EPA and the U.S. Coast Guard under new 312(o) of the CWA. S. 2766, Pub. L. 110-188 (July 29, 2008). As defined in § 3 of that law, recreational vessels subject to its NPDES exclusion are any vessel that

is manufactured or used primarily for pleasure or leased, rented, or chartered to a person for the pleasure of that person, but do not include a vessel that is subject to Coast Guard inspection and that is engaged in commercial use or carries paying passengers. As a resul t of this legislation, discharges incidental to the normal operation of recreational vessels are not subject to NPDES permitting. EPA is currently developing regulations as directed under the Clean Boating Act for

recreational vessels. For more informatio n on this action, please see: http://water.epa.gov/lawsregs/lawsguidance/cwa/vessel/CBA/about.cfm.

The second piece of legislation provides for a temporary moratorium on NPDES permitting for discharges subject to the 40 CFR 122.3(a) exclusion from (1) comm ercial fishingvessels (as defined in 46 U.S.C. § 2101 and regardless of size) and (2) those other nonrecreational vessels less than 79 feet in length. S. 3298, Pub. L. 110-299 (July 31, 2008). The

3 Due to a subsequent extension of the vacatur date by the district court, NPDES permits were not required for VGP

vessels unti l February 6, 2009.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

8 statute’s NPDES permitting moratorium ran for a two

- year period beginning on its July 31, 2008, enactment date, during which time EPA studied the relevant discharges and submitted a report to Congress. This moratorium was subsequently extended to December 18, 2013, by P.L. 111-215. In addition, the statute’s NPD ES permitting moratorium does not extend to ballast water discharges. That moratorium also does not extend to other discharges, which on a case- by

- case basis, EPA or the State, as appropriate, determine contribute to a violation of water quality standards or pose an unacceptable risk to human health or the environment.

EPA finalized the Report to Congress, entitled “Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non- Recreational Vessels Less Than 79 Feet” in Augu st 2010. That report is available at http://cfpub.epa.gov/npdes/vessels/reportcongress.cfm and in the docket for today’s permit.

2.4 G ENERAL P ERMITS

An NPDES permit authorizes the discharge of a specified amount of a pollutant or pollutants into receiving water s under certain conditions. The two basic types of NPDES permits are individual and general permits. Typically dischargers seeking coverage under a general permit are required to sub mit a notice of intent (NOI) to be covered by the permit. Section 3.7 of this fact sheet discusses the NOI requirements of the permit in more detail

.

An individual permit is a permit specifically tailored for an individual discharger. Upon receiving the appropriate application(s), the permitting authority generally develops a draft permit for public comment for that particular discharger based on the information contained in the permit application (e.g., type of activity, nature of discharge, receiving water quality). Following consideration of public comments, a final permit may then be issued to the discharger for a specific time period (not to excee d 5 years), with a provision for reapplying for further permit coverage prior to the expiration date.

A general permit is also subject to public comment and is developed and issued by a permitting authority (in this case, EPA). A general permit covers mul tiple facilities within a specific category for a specific period of time (not to exceed 5 years), after which the permit expires. Like individual permits, general permits may be re -issued. Today’s proposed reissuance

of the VGP includes a 4- year permit te rm. EPA is proposing a 4- year permit term for this draft VGP as a way to ensure that the permit keeps pace with developing technologies, especially for

ballast water treatment. EPA i s specifically seeking comment on the merits of a shortened permit term. EPA also requests comment on a 5- year permit term (the maximum allowed under the CWA) and may adopt either a 4

- year or a 5 -year term in the final permit. The 2008 VGP

runs for a 5

- year term.

Under 40 CFR 122.28, general permits may be written to cover categories of point sources having common elements, such as facilities that involve the same or substantially similar types of operations, that discharge the same types of wastes, or that are more appropriately regulated by a general permit. Given the vast number of vessels requiring NPDES permit coverage and the discharges common to these vessels, EPA believes that it makes administrative sense to issue the general permit, rather than issuing individual permits to each vessel. Courts have approved of the use of general permits. See e.g., Natural Res. Def. Council v. Costle , 568 F.2d 1369 (D.C. Cir.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

9 1977); EDC v. US EPA , 344 F.3d 832, 853 (9th Cir. 2003). The general permit approach allows EPA to allocate resources in a more efficient manner and to provide more timely coverage, particularly in light of the time constraints imposed by the Court’s vacatur. As with any permit, the CWA requires the general permit to contain technology- based effluent limits, as well as any more stringent limits when necessary to meet applicable state water quality standards. State water quality standards apply in the territorial seas, defined in section 502(8) of the CWA as extending three miles from the baseline. Pacific Legal Foundation v. Costle , 586 F.2d 650, 655- 656 (9th Cir. 1978); Natural Resources Defense Council, Inc. v. U.S. EPA , 863 F.2d 1420, 1435 (9th Cir. 1988). In addition, disch arges to the territorial seas are required to meet requirements to comply with section 403(c) of the CWA Ocean Discharge Criteria (40 CFR Part 125 Subpart M). As discussed in III(a)(v) of this fact sheet, the owner/operator of a vessel, after being covered by the permit, may request to be excluded from such coverage by applying for an individual permit. In addition, EPA may subsequently require a vessel to obtain an individual permit instead of receiving coverage under the general permit.

2.5 EPA’ S F EDERAL R EGI STER N OTICE S OLICITING I NFORMATION ON V ESSEL D ISCHARGES

On October 29, 2010, EPA issued a Federal Register notice announcing the opportunity to participate in a public listening session on December 15, 2010. The purpose of the public listening session wa s to seek the views of the interested public on requirements currently included in the 2008 VGP and any changes or additions recommended for the next VGP. The notice sought public input on potential improvements for the next VGP.

In addition, EPA specifically requested comment on the following topics:

(1) Were parts of the 2008 VGP confusing? Do certain sections need to provide additional guidance?

(2) Are there any guidances, supporting documentation, or other communication strategies that you would rec ommend EPA develop to help vessel owner/operators better understand and comply with the next VGP? If so, please suggest your approaches.

(3) Did the 2008 VGP accurately identify and capture all the categories of discharges incidental to the normal operatio n of a vessel in the vessel universe? Are there additional discharge categories EPA should explore for the next VGP?

(4) Are there effluent limitations or best management practices in the 2008 VGP you would recommend revising and if so, what are your suggestions and why do you suggest making those revisions?

(5) Are there reporting, monitoring, and inspection requirements you would recommend revising, and if so, what are your suggestions? Are there additional forms or guidances EPA should consider in assist ing permittees in meeting their reporting, monitoring, and inspections requirements?

(6) Did EPA accurately identify and capture additional requirements needed for specific vessel classes and if not, what are your suggestions? Are there additional specific

vessel classes EPA should explore for the next VGP and why?Proposed 2013 Vessel General Permit (VGP) Fact Sheet

10 (7) Are there additional Federal, State, or international permits, rules, or guidances EPA should consider using to inform decisions for the next VGP and why?

Between 100-150 people participated in the listening session in person or by phone. In addition to comments received at the listening session, EPA received written comments from more than 4,500 stakeholders. All comments submitted by the public are available at www.regulations.gov and can b e found under docket number "EPA- HQ

- OW -2011-0141".

The majority of comments received were from a mass mailer campaign sponsored by the

National Wildlife Federation and the Alliance for the Great Lakes. There were also three smaller campaigns led by three different shipping industry groups. Overall, the majority of comments focused on developing ballast water discharge standards for the next VGP, improving the VGP’s efficiency, and improving the VGP’s consistency with state, federal, and international

regu lations and standards.

Developing Ballast Water Standards for the Next VGP

The majority of comments focused on the development of ballast water conditions for this iteration of the VGP. Many commenters asserted that any ballast water conditions should be based on science, including results from National Academy of Science and EPA Science Advisory Board studies commissioned by EPA and the U.S. Coast Guard. Several commenters also noted that EPA should consider the availability of ballast water treatment t echnologies. Many environmental groups and state government agencies called for more stringent ballast

water standards than those contained in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (2004), as adopted by the International Maritime Organization, 4 with many commenters advocating a zero discharge standard. Additionally, many commenters expressed a desire that any ballast water standard adopted in today’s proposed VGP be equally effective in reducing th e spread of invasive species in freshwater systems, such as those in the Great Lakes or Saint Lawrence Seaway, as of those in saltwater systems.

EPA considered these comments as it developed the proposed concentration-based numeric

limits contained in Par t 2.2.3 of this draft VGP.

Improving the VGP’s Efficiency

Many comments focused on providing vessel owner/operators the option to keep records electronically. Commenters pointed out that electronic recordkeeping would reduce the amount of paper that would be produced, resolve concerns over where paper records could be kept onboard unmanned barges, and ease the transfer of records for unmanned barges which may change custody frequently over short periods of time. Other commenters have found the reporting o f discharges of hazardous substances or oil in excess of reportable quantities ( see Part 4.4.2 of the 2008 VGP) to both the U.S. Coast Guard (through the National Response Center) and the EPA Regional Office as unnecessarily duplicative. Commenters suggested that EPA

4 This convention is not yet in force and the U.S. is not a signatory.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

11 coordinate with the National Response Center so that any reports received at the National Response Center are automatically forwarded to the appropriate EPA Regional Office.

Additionally, several members of the regulated community asked that some of the language in the inspections, monitoring, reporting, and recordkeeping in Part 4 of the permit be made clearer. For example, commenters suggested that EPA reduce the administrative burden for conducting routine inspections for vessels in extended out of service layups and vessels that go on voyages multiple times a day by including specific requirements for those vessels. Other commenters expressed a desire for EPA to reduce the 30 -day waiting period required for a vessel’s Notice of Intent (NOI) to become active. The waiting period in the 2008 VGP caused problems for vessels without active NOIs that had to call on U.S. waters unexpectedly.

EPA considered these comments, and has made several efficiency improvements in today’s draft permit, inclu ding clarifying that electronic recordkeeping is allowed under the permit, eliminating duplicative reporting, reducing the NOI waiting period for NOIs submitted electronically from 30 to 7 days, trimming down some of the recordkeeping requirements for

cert ain types of vessels, and streamlining routine inspection frequency requirements for ‘fleeted’ vessels or vessels in lay -up. Based on comments received, EPA is also proposing to improve the eNOI system by creating several time saving tools, which are expe cted to be available by this permit’s effective date.

Improving the VGP’s Consistency with State, Federal, and International Regulations and

Standards

Many commenters wanted EPA to improve coordination of the Section 401 certification process with the Sta tes, especially with those in the Great Lakes region, to increase the consistency of vessel discharge requirements, both regionally and nationally. Additionally, there was concern that the Coast Guard’s final ballast water discharge standard rule may not be consistent with ballast water discharge requirements in today’s permit. Commenters urged EPA to work closely with the U.S. Coast Guard to ensure a nationally consistent ballast water standard. Finally, members of the regulated vessel community that oper ates in the Great Lakes proposed that EPA develop ballast water standards that are consistent with standards developed by Canada and the International Maritime Organization.

EPA is working closely with the U.S. Coast Guard as both agencies develop ballast water discharge standards under their respective statutory mandates. Furthermore, EPA intends to assist the States in coordinating with each other and EPA as they develop their 401 certification

conditions for this iteration of the VGP.

2.6 E CONOMIC I MPACTS

As discussed in the Federal Register notice announcing today’s draft permit, EPA performed an economic assessment of this draft general permit, including an examination of the economic impact this draft permit may have on small entities. This economic ana lysis is included in the docket for this permit. Based on this assessment, EPA concludes that despite a minimal economic impact on all entities, including small businesses, this permit will not, if issued have a significant economic impact on a substantial number of small entities.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

12 To estimate the effect of revised Permit requirements on an industry as a whole, EPA’s analysis takes into account previous conditions and determines how the industry would act in the future in the absence of revised Permit requ irements. The baseline for this analysis is full industry compliance with existing federal and state regulations, including the 2008 VGP in the case of vessels currently covered by the permit; and current industry practices or standards that

exceed current regulations to the extent that they can be empirically observed. In addition, a number of laws and associated regulations (including the National Invasive Species Act; the Act to Prevent Pollution from Ships; the Comprehensive Environmental Response, Compensation, and Liability Act; the Organotin Anti -fouling Paint Control Act; and others) already cover certain discharges that would be subject to the new permitting regime. The overlap between revised permit requirements and existing regulations and practic es is discussed at greater length in the sections of the report that address each revised requirement.

EPA estimated compliance costs to commercial vessels associated with each of the permit’s practices and discharge categories identified and the paperwor k burden costs. Incremental costs are understood to result from the inclusion of all commercial fishing vessels 79 feet or larger under the VGP

, 5 and from revised, more stringent requirements for certain discharge categories and practices. Changes in compl iance costs also result from streamlining selected requirements, which is expected to reduce compliance costs for owners of certain vessels. Overall, EPA finds that revisions in the VGP requirements could result in aggregate

annual incremental costs for do mestic vess els ranging between $6.5 and $20.9 million (2010). This includes the paperwork burden costs and the sum of all practices for applicable discharge categories for all vessels estimated to be covered by the revised VGP. The ballast water provisions of this permit for domestically flagged vessels are expected to cost between $1.1 and
$2.5 million annually (excluding the cost of purchasing and maintaining a ballast water treatment

system: see Section 4.4.3 of this fact sheet and part 4.2.3 of the economic and benefits analysis prepared for this permit for additional discussion). The average per vessel cost ranges from $26 to $3,933 . There is c onsiderable uncertainty in the assumptions used for several practices and discharge categories and these estimates therefore provide illustrative ranges of the costs potentially associated with the 2013 rather than incremental costs incurred by any given v essel

owner.

To evaluate economic impacts of revised VGP requirements on the water transportation, fishing, and mining industries, EPA performed a firm- level analysis. The firm

- level analysis examines the impact of any incremental cost per vessel to comply with the revised VGP requirements on model firms that represent the financial conditions of “typical” businesses in each of the examined industry sectors. More than ninety percent of the firms in the water transportation and fishing industries, and in the drilling oil and gas wells segment of the mining industry, are small, and EPA believes it is unlikely that firm

- level impacts would be significant among large firms in this industry. Therefore, a firm- level analysis focuses on assessment of impacts on small businesses. To evaluate the potential impact of the Vessel General Permit on small entities, EPA used a cost

- to

- revenue test to evaluate the potential severity of economic

5 As noted above, the moratorium on coverage for commercial fishing vessels and vessels less than 79 feet expires on December 18. 2013. Commercial fishing vessels 79 feet or larger will be covered by this permit, and most non

recreational vessels less than 79 feet, including commercial fishing vessels, are expected to be covered by the Small

Vessel General Permit.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

13 impact on vessels and facilities owned by small entities. The test calculates ann ualized pre- tax compliance cost as a percentage of total revenues and uses a threshold of 1 and 3 percent to identify facilities that would be significantly impacted as a result of this Permit.

EPA applied a cost

- to

- revenue test which calculates annualized pre

- tax compliance cost as a percentage of total revenues and used a threshold of 1 and 3 % to identify entities that would be significantly impacted as a result of this Permit. The total number of entities expected to exceed a 1% cost ratio ranges from 52 under low cost assumptions to 360 under high cost assumptions. Of this universe, the total number of entities expected to exceed a 3 % cost ratio ranges from 0 under low cost assumptions to 11 under high cost assumptions. This is based out of 5,480 total small firms. Accordingly, EPA concludes that this permit will not, if issued result in a significant economic impact on any businesses, and in particular, small businesses.

3. THE PERMIT

Today’s permit is being issued pursuant to EPA’s authority to issue permits under Clean Water Act Section 402. Clean Water Act Section 402 and its implementing regulations contain standards that govern EPA’s imposition of NPDES permit conditions. See e.g., 40 CFR Part 122 (“EPA Administered Permit Programs: The National Pollutant Discharge Elimination System”). The provisions of today’s permit are established under these authorities.

3.1 G EOGRAPHIC S COPE OF THE P ERMIT

This permit is applicable to discharges incidental to the normal operation of a vessel identified in Part 1.2 of the permit and Part 3.5 of this fac t sheet into waters subject to the permit, which means “waters of the U.S.” as defined in 40 CFR 122.2, except as otherwise excluded by Part 6 of the permit. This includes the territorial seas, defined in section 502(8) of the CWA, extending to three miles from the baseline. Pacific Legal Foundation v. Costle , 586 F.2d 650, 655-656 (9th Cir. 1978); Natural Resources Defense Council, Inc. v. U.S. EPA , 863 F.2d 1420, 1435 (9th Cir. 1988).

The general permit will cover vessel discharges into the waters of the U.S. in all states and territories, regardless of whether a state is authorized to implement other aspects of the NPDES permit program within its jurisdiction, except as otherwise excluded by Part 6 of the permit. While, pursuant to CWA section 402(c), EPA typically is required to suspend permit issuance in authorized states, EPA may issue NPDES permits in authorized states for discharges incidental to the normal operation of a vessel because 402(c)(1) of the Clean Water Act prohibits EPA from issuing permits in authorized states only for “those discharges subject to [the state’s authorized] program.” Discharges excluded under 40 CFR 122.3 are not “subject to” authorized state programs. The vessel discharges that will be covered by the permit are discharges excluded from NPDES permitting programs under 40 CFR 122.3. Therefore the discharges at issue are not considered a part of any currently authorized state NPDES program. See 40 CFR 123.1(i)(2) (where state programs have a greater scope of coverage than “required” under the federal program, that additional coverage is not part of the authorized program) and 40 CFR 123.1(g)(1) (authorized state programs are not required to prohibit point source discharges exempted under 40 CFR122.3).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

14 3.2 S TRUCTURE OF THE P ERMIT (P ART 1.1) 6

This general permit addresses vessels operating in a capacity as a means of transportation that have discharges incidental to their normal operations into waters subject to this permit, except recreational vessels and vessels of the Armed Forces. Many characteristics of vessels and vessel discharges generally apply to all vessel classes. Hence, general requirements that apply to all eligible vessels are found in Parts 1 through 4 of the permit. Part 1 of the permit contains general conditions, authorized and ineligible discharges, and explains who must file a notice of intent to receive permit coverage. Part 2 of the permit discusses effluent limits applicable to vessels. Part 3 of the permit lists required corrective actions that permittees must take to remedy deficiencies and violations. Part 4 of the permit lists visual monitoring, self -inspection, and recordkeeping and reporting requirements. Due to specific concerns arising from certain types of vessels, in Part 5 of the permit, EPA has ident ified select categories of vessel types that have supplemental requirements. States, territories, and certain Tribes have the authority to require additional requirements under Section 401 of the CWA. These additional requirements will be incorporated into Part 6 of the permit upon finalization of the VGP (see also Part 12 of the Fact Sheet entitled “Other Legal Requirements”).

The Appendices, listed in this permit as Parts 7 through 15, include definitions, the notice of intent form, the notice of termination form, and the annual report form.

3.3 W HAT IS THE V ESSEL U NIVERSE A FFECTED BY T HIS P ERMIT ?

Vessels operating in a capacity as a means of transportation are eligible for coverage under the VGP. The types of vessels covered under the VGP include commercial fishing vessels, cruise ships, ferries, barges, mobile offshore drilling units, oil tankers or petroleum tankers, bulk carriers, cargo ships, container ships, other cargo freighters, refrigerant ships, research vessels, emergency response vessels, includi ng firefighting and police vessels, and any other vessels operating in a capacity as a means of transportation. Vessels of the Armed Forces of the United States are not eligible for coverage by this permit. While all non

- recreational vessels, which are

not vessels of the armed forces, may seek coverage under this permit, the permit requirements are generally targeted to vessels that are at least 79 feet in length. A separate, streamlined permit is available for vessels less than 79 feet (Small Vessel Genera l Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet).

EPA estimates that the domestic vessel population subject to the Vessel General Permit is approximately 60,000 vessels. EPA used two existing databases (the Marine Information for Safety and Law Enforcement (MISLE) and Waterborne Transportation Lines of the United States (WTLUS) databases) to create a master database to estimate the population of domestically flagged vessels subject to the VGP. MISLE and WTLUS provided information on the number and type of domestic flag vessels subject to the Vessel General Permit. The combined database allows the Agency to obtain a comprehensive estimate of the vessel population and to minimize the number of missing data fields for any given vessel. Furthermore, EPA compared these estimates to the total number of NOIs submitted under the 2008 VGP to

6 Throughout this fact sheet, parenthetical citations in headings refer to parts of the proposed permit to serve as an

aid to the reader.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

15 fact check the accuracy of these estimates. However, EPA could not use the NOI database alone

to estimate the number of vessels covered by the permit as only vessels greater than 300 gross tons or with the capacity to carry more than 8 cubic meters of ballast water had to submit NOIs.

Using the Foreign Traffic Vessel Entrances and Clearances (FTVEC) database, EPA estimates approximately 1 2,400 foreign flagged vessels are subject to the VGP requirements. The FTVEC database provides information on foreign vessels entering or clearing U.S. Customs ports in calendar year 2008, the most recent year for which data are published (U.S. Army Corps of Engineers, 2010).

See EPA’s economic analysis for the VGP for more information about the vessel universe affected (EPA, 2011).

3.4 R EGULATION OF C ONSTITUENTS IN THE D ISCHARGES U NDER THE P ERMIT

In today’s permit, EPA is establishing effluent limitations to control a variety of materials, which, for the purposes of this fact sheet, have been classified into 7 major groups: Aquatic Nuisance Species (ANS), nutrients, pathogens (including E. coli & fecal coliform), oil and grease, metals, most conventional pollutants (Biochemical Oxygen Demand, pH, Total Suspended Solids), and other toxic and non- conventional pollutants with toxic effects. EPA is establishing effluent limitations to control these materials, because, depending on the particular vessel, such materials are constituents in the industrial waste, chemical waste and/or garbage “pollutant” discharge resulting from the activities of these vessels. “Industrial waste,” “chemical waste” and “garbage” are expressly included in the CWA’s definition of “pollutant,” which governs, among other things, which discharges are properly subject to CWA permitting. See CWA § 402(a) (allowing EPA to issue permits for a “discharge of any pollutant”); CWA § 502(12) (defining “discharge of a pollutant” to include “any addition of any pollutant to navigable waters from any point source”); and CWA § 502(6) (defining “pollutant” as “dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materi als, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water” [emphasis added]). The discharge from vessels addressed in today’s permit – a worthless or useless flow discharged during a vessel’s normal operations – falls within those broad pollutant categories. See , e.g., Webster’s II New Riverside University Dictionary (1988) (defining “waste” as “a worthless or useless by -product” or “something, such as steam, that escapes withou t being used”; “industrial” as “of, relating to, or derived from industry” and “industry as “the commercial production and sale of goods and services”; “chemical” as “of or relating to the action of chemicals”; and “garbage” as “worthless matter, trash”). 7

EPA understands that a lot of attention has been paid to whether, under various circumstances, ANS are properly considered “pollutants” under CWA §502(6). Today’s permit

controls ANS because such ANS are one constituent of concern in the waste stream t hat constitutes the “pollutant” subject to today’s permit. See CWA § 402(a)(1)(A) and 301(b)(1)

7 The Agency’s view on what is considered “industrial waste,” “ chemical waste” or “garbage” as discussed in this

fact s heet is limited to use of those terms in the definition of “pollutant” in the Clean Water Act and should not be considered in interpreting those or similar terms in any other statute or regulation.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

16 (requiring permits to include “effluent limitations”) and CWA §502(11) (defining “effluent limitations” to include “restrictions established by . . . the Admini strator on . . . chemical, physical, biological, and other constituents which are discharged from point sources . . .” [emphasis added]). Under these circumstances, there is no need to address the question of whether ANS in and of themselves may be considered “pollutants” under CWA section 502(6). In addition, EPA’s conclusion that ANS are properly controlled in today’s vessel permit does not speak as to how ANS are regulated by the CWA under any other circumstances.

Short summaries of each of the constituent types regulated in today’s permit follow.

3.4.1 Aquatic Nuisance Species

Aquatic Nuisance Species (ANS), also known as invasive species, are a persistent problem in U.S. coastal and inland waters. ANS may be introduced through a variety of vectors, including ballast water and sediment from ballast tanks, chain lockers, anchor chains, and vessel hulls. These vectors have been associated with introductions of highly damaging species in the past. Though no reliable and comprehensive estimates of total ANS introductions nationwide exist, case studies of several major bodies of water across the country, as summarized in Table 1

, provide a sense of the extent of the problem.

Table 1 : Estimates of Invasive Species in Several Major Water Systems

Region Estimated Rate of

Invasion 1 Estimated Total

Invasions to Date

Great Lakes Once every 28 weeks 2 182 2

Mississippi River System Unknown 100 3

San Francisco Bay Once every 14 weeks 4 234 4

Lower Columbia River Basin Once every 22 weeks 5 81 5

Gulf of Mexico Unknown 704 6

1 Ruiz and Reid (2007) suggest that these figures may not reliably represent the true rate of introduction, as they are based on discovery data, which may not always track with the underlying rate of introduction.

2 Ricciardi 2006.

3 USCG 2009.

4 Cohen and Carlton 1998.

5 Sytsma et al. 2004.

6 Battelle 2000.

ANS pose several dangers to aquatic ecosystems, including outcompeting native species, threatening endangered species, damaging habitat, changing food webs, and altering the chemical and physical aquatic environment. Furthermore, ANS have been documented to damage recreational and commercial fisheries, infrastructure, and water based recreation and

tourism.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

17 One of the most well- known examples of ANS is the Zebra Mussel. Zebra Mussels are native to Eurasia, near the Black and Caspian Seas, and were first discovered in U.S. waters in 1988. Populations of Zebra Mussels were established in the Great Lakes and are now found throughout most of the Eastern United States and in some Western States. Zebra Mu ssels are filter feeders and can remove algae from the water column that other native species depend on as a food source and, therefore, Zebra Mussels outcompete native (and sometimes endangered) mollusks and other filter feeders. Zebra Mussels also damage public infrastructure and have been estimated to cause tens to hundreds of millions of dollars in losses per year to the Great Lakes

alone.

Additional sources describing the presence and/or impacts of ANS and their potential invasion pathways include Barnes, 2002; Battelle, 2000; Bolch and de Salas, 2007; Brickman, 2006; Brickman and Smith, 2007; Carlton, 1985; Carlton, 1996; Carlton and Geller, 1993; Cohen and Carlton, 1998; Cohen et al., 1995; Dobbs et al., 2006; Doblin et al., 2007; Drake and Lodge, 2007; Drake et al., 2007; Johnson et al., 2001; Larson et al., 2003; Lee et al., 2010; Lockwood et al., 2005; Lovell and Stone, 2005; Lovell and Drake, 2009; NAS, 2011; Phelps, 1994; Ricciardi, 2006; Roman, 2006; Ruiz et al., 2000a; Ruiz et al., 2000b; Sakai et al., 2001; Smayda, 2007; USCG, 2009, US EPA, 2001a,, and Van der Putten, 2002.

3.4.2 Nutrients

Nutrients, including nitrogen, phosphorus, and numerous micro-nutrients, are constituents of vessel discharges. Though traditionally associated with discharges fro m sewage treatment facilities and runoff from agricultural and urban stormwater sources, nutrients resulting from vessels are also thought to be discharged from deck runoff, vessel graywater, and vessel bilgewater, among other sources. Increased nutrient d ischarges from human sources are a major source of water quality degradation throughout the United States (USGS 1999).

Nutrients are associated with a variety of negative environmental impacts, the most notable of which is eutrophication, which can lead to reduced levels of dissolved oxygen due to increased demand (sometimes to the extremes of hypoxia), reduced levels of light penetration and increased turbidity, and changes in the composition of aquatic flora and fauna, and helps to fuel harmful algal blooms (HABs), which can have significant adverse impacts on both aquatic life and human health (National Research Council 2000, WHOI 2007). The National Research Council (2000) found that:

• Nutrient over- enrichment of coastal ecosystems generally triggers ecol ogical changes that decrease the biological diversity of bays and estuaries.

• While moderate nitrogen enrichment of some coastal waters may increase fish production, over- enrichment generally degrades the marine food web that supports commercially valuable fish.

• The marked increase in nutrient pollution of coastal waters has been accompanied by an increase in harmful algal blooms, and in at least some cases, pollution has triggered these blooms.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

18 • High nutrient levels and the changes they cause in water quali ty and the makeup of the algal community are detrimental to the health of coral reefs and the diversity of animal life supported by seagrass and kelp communities.

• Nitrogen is the chief culprit in eutrophication and other impacts of nutrient overenrichment in temperate coastal waters, while phosphorus is most problematic in eutrophication of freshwater lakes.

• Human conversion of atmospheric nitrogen into biologically useable forms, principally synthetic inorganic fertilizers, now matches the natural rate of biological nitrogen fixation from all the land surfaces of the earth.

Additional information discussing the sources or impacts of nutrients on aquatic ecosystems and/or their vessel based sources can be found in Copeland, 2008; Correll, 1987; Horne and Goldman, 1994; Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 2008; NAS, 1993; US EPA, 1999; US EPA, 2001b; US EPA 2005; US EPA, 2008; and US EPA, 2010a.

3.4.3 Pathogens

Pathogens are another important constituent of discharges from vessels, par ticularly in graywater and potentially from ballast water discharges. Though fecal coliform is considered a conventional pollutant, it is discussed here since it shares characteristics with many other pathogens potentially discharged from vessels.

EPA’s st udy of graywater discharges from cruise ships found that levels of pathogen indicator bacteria exceeded enterococci standards for marine water bathing and fecal coliform standards for harvesting shellfish 66% and over 80% of the time, respectively (US EPA 2008). Specific pathogens of concern found in sewage include Salmonella spp., E. coli , enteroviruses, hepatitis and pathogenic protists (National Research Council 1993), but there are multiple sources for such pathogens. Elevated levels of these pathogens have increasingly resulted in beach closures in recent years, primarily from on-shore sources such as urban stormwater runoff and sewage overflows, which in turn has reduced the recreational value of impacted beaches. Additional pathogens have been associa ted with ballast water discharges, including E. coli

, enterococci

, Vibrio cholerae

, Clostridium perfingens

, Salmonella spp. Cryptosporidium spp., and Giardia spp., as well as a variety of viruses (Knight et al. 1999; Reynolds et al. 1999; Zo et al. 1999). Johengen et al. (2005) show the potential for pathogens to be transported in ballast water tanks, even when they are not filled. The study found that virus- like particle (VLP) concentrations in sampled ballast tanks ranged from 107 to 109 per ml in residual unpumpable ballast water and from 107 to 1011 per ml in sediment porewater. Bacteria concentrations under the same conditions were 105 to 109 per ml and 104 to 108 per ml, respectively.

Though it is difficult to determine the contribution of vessel discharges to infections by these organisms it is likely that they are not a primary source. Epidemiologists have attempted to quantify the proportion of total infections that are waterborne. For example, waterborne infection may account for as many as 60 % of Giardia infections and 75 % of pathogenic E. coli infections (National Research Council 1993). Graywater discharges may be a significant source ofProposed 2013 Vessel General Permit (VGP) Fact Sheet

19 pathogenic microorganisms within some regulated waters, and reducing graywater discharges may provide some human health benefits.

Additional information discussing pathogens, their sources, and their impacts include Dobbs et al., 2006; Knight et al., 1999; NAS, 1993; US EPA, 1999; US EPA, 2008; and US EPA

2010a.

3.4.4 Oil and Grease

Oil and grease are another known component of vessel discharges with potentially harmful impacts to humans and to aquatic life. Vessels discharge oil in every day operation, including lubricating oils, hydraulic oils, and vegetable or organic oils. A significant portion of the

lubricants los t from a vessel directly enter the marine environment. Oils are highly toxic and carcinogenic, and can also taint organisms that are consumed by humans, which is a potential source of adverse health impacts. In recent years, significant research efforts ha ve gone into the development of environmentally acceptable lubricants which would reduce environmental impact on the marine environment. Oil and grease measured by Method 1664A constitutes a conventional pollutant. Oil and grease that is commingled with other toxic pollutants may be controlled as a toxic pollutant under this permit.

Additional papers and reports discussing the impact of oil discharges, vessel based sources of these pollutants, and/or environmentally acceptable alternatives to traditional lubricants include Aluyor et al.; 2009; Betton, 2009; Decola, 2000; GESAMP, 1993; GESAMP, 2007; Lucase and MacGregor, 2006; Rützler and Sterrer, 1970; Shaw et al, 1985; Suchanek, 1993; US EPA, 1999; US EPA 2010a; and Wiese and Ryan, 2003.

3.4.5 Metals

Metals are a diverse group of pollutants, many of which are toxic to aquatic life and humans. Vessel discharges can contain a variety of metal constituents which can come from a variety of on-board sources. For example, EPA’s study of cruise ship graywater found a total of 13 different metals in at least 10% of samples, with copper, nickel and zinc detected in 100% of samples (US EPA 2008). Bilgewater has also been shown to contain numerous metals, the exact constituents of which vary dependent upon on- board activiti es on the vessel and the materials used in the construction of the vessel. Other metals, such as copper, are known to leach from vessel hulls and can cause exceedances of water quality standards. For example, Srinivasan and Swain (2007) found significant leaching of copper from the hulls of sailboats, powerboats, and cruise ships.

While some metals, including copper, nickel and zinc, are known to be essential to organism function, many others, including thallium and arsenic, are non- essential and/or are known to have only adverse impacts. Even essential metals can do serious damage to organism function in sufficiently elevated concentrations. Adverse impacts can include impaired organ function, impaired reproduction and birth defects, and, at extreme concen trations, acute mortality. For example, Katranitsasa et al. (2003) noted that the copper released from copper

anti -fouling paints are toxic to non-targeted aquatic organisms. Additionally, through a process known as bioaccumulation, metals may not be fully eliminated from blood and tissues by naturalProposed 2013 Vessel General Permit (VGP) Fact Sheet

20 processes, and may accumulate in predator organisms further up the food chain, including commercially harvested fish species (US EPA 2007e).

Additional sources discussing the impacts of metals on the aquatic environment and/or

their vessel -based sources include Axiak et al., 1995; Trocine and Trefry, 1996; US EPA, 1999; and US EPA, 2010a.

3.4.6 Toxic and Non-Conventional Pollutants with Toxic Effects

The term “toxic and non-conventional pollutants with toxic effects,” as it applies to constituents of vessel discharges, encompasses a variety of chemical compounds known to have a broad array of adverse impacts on aquatic species and human health. For example, EPA’s study of cruise ship graywater found a total of 17 different volatile and semi-volatile organic compounds in at least 10% of samples, for which the most significant rates and levels of detection were phthalates, phenol, and tetrachloroethylene. Other notable toxics detected in incidental discharges from vessels include free residual chlorine and chlorides and perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) found in some firefighting foam (AFFF).

These compounds can cause a var iety of adverse impacts on ecosystems and living marine resources, including fisheries. Phthalates are known to interfere with reproductive health, liver and kidney function in both animals and humans (Sekizawa et al. 2003, DiGangi et al. 2002). Chlorine, though toxic to humans at high concentrations, is of much greater concern to aquatic species, which can experience respiratory problems, hemorrhaging, and acute mortality even at relatively low concentrations (US EPA 2008). PFOS and PFOA, potentially found in AFFF discharges, are persistent, bioaccumulative, toxic and carcinogenic chemical compounds. The health impacts of PFOA and its telomer es are not entirely understood, particularly in aquatic environments, but EPA’s Science Advisory Board has concluded that PFOA “is likely to be carcinogenic in humans” (SAB 2006).

3.4.7 Other Non -Conventional and Conventional Pollutants (Except Fecal Coliform)

The category “other non-conventional and conventional pollutants” as applied to vessel discharges also consists of m ultiple pollutants with disparate impacts. Discharges of graywater, bilgewater, seawater cooling overboard, and other vessel waste streams or effluent can include pollutants that affect pH, add heat, and/or increase turbidity or discharge suspended sedimen t.

Some vessel discharges are more acidic or basic than the receiving waters, which can have a localized effect on pH (ADEC 2007). Though no research has been done linking vessel pollution specifically to pH impacts on aquatic ecosystems, extensive literat ure on the impacts of pH changes in the contexts of aquaculture and acid rain does exist. For nearly all fish populations, pH more acidic than 5 or more basic than 10 will cause rapid mortality. In addition, many individual species are sensitive to more mo derate changes in pH (Wurts and Durborrow 1992).

Some vessel discharges may also affect temperature locally (Battelle 2007). Thermal impacts of vessel discharges are generally much smaller than those from better known sources such as dams, power plant cool ing water, and runoff. However, even small temperature changesProposed 2013 Vessel General Permit (VGP) Fact Sheet

21 can impact some sensitive organisms’ growth, reproduction, and even survival, which implies that some vessel discharges may have localized adverse impacts on aquatic organisms (Abbaspour et al. 2005, Cairns 1972, Govorushko 2007).

Some vessel discharges, such as those from ballast water and bilgewater, can contain suspended sediments and have elevated turbidity. Loadings of sediment from vessel discharges are likely much smaller than from other sources such as construction, urban stormwater, and agriculture. The most significant sources of sediment from vessel discharges likely come from areas in the vessel where water is held, sediment settles out of solution and accumulates over time, and then is later periodically resuspended before discharging.

Designated uses such as navigation, drinking water, recreation, and agriculture are impaired by excess suspended sediments (US EPA 2003). When sediments diminish water quality to support aquatic life, other human uses of the same waterbodies such as recreational or commercial fishing may also be diminished. Furthermore, there is evidence that aquatic life uses are one of the most sensitive endpoints to alterations in sediment loading. Direct effects on invertebrates and fish are complex, ranging from behavioral to physiological to toxicological. Suspended sediments have been documented to have a negative effect on the survival of fish, freshwater mussels, and other benthic organisms. In a frequently cite d review paper prepared by Newcombe and Jensen (1996), sublethal effects (e.g. increased respiration rate) were observed in eggs and larvae of salmonids and nonsalmonids, as well as in adult estuarine and freshwater nonsalmonids, when exposed to Total Suspended Solids concentrations as low as 55 mg/L for one hour. Mussels compensate for increased levels of suspended sediment by increasing filtration rates, increasing the proportion of filtered material that is rejected, and increasing the

selection efficien cy for organic matter. Excess sediment smothers benthic organisms and the surface layer of the benthos can be heavily impacted and altered. Increased turbidity associated with suspended sediments can reduce primary productivity of algae as well as growth and reproduction of submerged vegetation (Jha, 2003). In addition, once in the system, resuspension and deposition can “recycle” sediments so that they exert water column and benthic effects repeatedly over time and in multiple locations.

3.5 C OVERAGE U NDER TH E P ERMIT

3.5.1 Eligibility (Part 1.2)

Vessels Not Eligible for Coverage

Recreational vessels and vessels of the United States Armed Forces are not eligible for coverage under this permit. Non- recreational vessels less than 79 feet in length , which are not

vessel s of the armed forces, may obtain coverage under this permit, or they may obtain coverage under EPA’s small Vessel General Permit (sVGP). This flexibility may be useful for vessel owner/operators who manage vessels that are both larger and smaller than 79 feet, and would prefer to manage their fleet using the same permit. If auxiliary vessels or craft, such as lifeboats

or rescue boats on

- board larger vessels require permit coverage, they are eligible for coverage under this permit and are covered by submission of the Notice of Intent for the larger vessels.

Vessel Discharges Eligible for CoverageProposed 2013 Vessel General Permit (VGP) Fact Sheet

22 The discharges eligible for coverage under the permit are those discharges incidental to the normal operation of a vessel covered by the exclusion in 40 CFR 122.3(a) prior to vacatur of that exclusion. Discharges incidental to normal operation include deck runoff, bilgewater, and ballast water. Some potential discharges are not incidental to the normal operation of a vessel. For example, intentionally adding used motor oil to the bilge tank will result in a discharge that is not incidental to the normal operation of a vessel. Furthermore, any discharge that results from a failure to properly maintain the vessel and equipment, even if the discharge is of a type tha t is otherwise covered by the permit, is not eligible for permit coverage. Discharges that are neither covered by this permit nor the sVGP, and are not exempt from section 402 of the Clean Water Act, must be covered under a separate individual or general p ermit.

The discharges that were selected for coverage under the permit have been identified by EPA, in consultation with other Federal agencies, as discharges incidental to the normal operation of a vessel. EPA has relied on the most accurate and up- to -date information available. Sources used include those in the bibliography of this fact sheet and in the docket for this permit.

The following list identifies and describes each effluent stream eligible for coverage under the permit.

3.5.1.1 Deck Washdown and Runoff and Above Water Line Hull Cleaning

Deck washdown and runoff occurs from all vessels as a result of precipitation or deck cleaning. Above water line hull cleaning discharges occur when areas of the hull or other exterior portions of the vessel undergo regular cleaning. The constituents can include detergent, soap, and residues from any on-deck or above water line hull cleaning activity. Constituents and volumes of deck runoff vary widely and are highly dependent on a vessel’s purpose, service, and

pract ices. Deck runoff and above water line hull cleaning discharges eligible for coverage under the permit include those from all deck and bulkhead areas, associated equipment, and areas of

the hull and exterior of the vessel above the water line.

3.5.1.2 Bilgewater

B ilgewater consists of water and other residue that accumulates in a compartment of the vessel’s hull. The source of bilgewater is typically drainage from interior machinery, engine rooms, and from deck drainage. Constituents of bilgewater include seawater, oil, grease, volatile

and semi -volatile organic compounds, inorganic salts, and metals.

3.5.1.3 Ballast Water

Ballast water is water taken on -board into ballast water tanks, and assists with vessel draft, buoyancy, and stability. Ballast water tanks are typically found only on commercial vessels. Discharge volumes and rates vary by vessel type, ballast tank capacity, and type of deballasting equipment. Typical cruise ships have a ballast capacity of 1,000 cubic meters (approximately 264,000 gallons) of water and can discharge at 250-300 cubic meters per hour. Cargo ships carry anywhere from 2,900 cubic meters (approximately 766,000 gallons) to 93,000 cubic meters (approximately 24,568,000 gallons) of water. Ballast water may contain rust inhibitors, flocculent compounds, epoxy coating materials, zinc or aluminum (from anodes), iron, nickel, copper, bronze, silver, and other material or sediment from inside the tank, pipes, or otherProposed 2013 Vessel General Permit (VGP) Fact Sheet

23 machinery. Ballast water may also contain marine organisms that originate where the water is collected. When transported to non-native waters, these organisms may upset the environment or food web as “invasive species.”

3.5.1.4 Anti -Fouling Leachate from Anti-Fouling Hull Coatings

Vessel hulls are often coated with antifouling compounds to prohibit the attachment and growth of aquatic life. Coatings are formulated for different conditions and purposes and many contain biocides. Those that contain biocides prevent the attachment of aquatic organisms to the hull by continuously leaching substances that are toxic to aquatic life into the surrounding water. While a variety of different ingredients may be used in these compounds, the most commonly used is copper. Copper can inhibit photosynthesis in plants and interfere with enzyme function in both plants and animals in concentrations as low as 4 μg/l. Additional releases of these substances are caused by hull cleaning activities, par ticularly if hulls are cleaned within the first 90 days following application.

A second metal -based biocide is organotin based, typically tributyltin (TBT), which was historically applied to vessel hulls. Due to its acute toxicity, there will be a zero di scharge standard for TBT or any other organotin compound under this permit (EPA notes that the discharge of TBT is also prohibited by other domestic statutes and an international treaty, see

additional discussion in Section 4.4.4 for additional discussion). TBT and other organotins cause deformities in aquatic life, including deformities that disrupt or prevent reproduction. Numerous studies and several peer reviewed publications (Bentivegna & Piatkowski, 1998; Haynes & Loong, 2002; Negri et al., 2004; Negri & Heyward, 2001; Ruiz et al., 1995; V. Axiak et al., 1995) examine the environmental impacts of anti-foulant paint leachate containing TBT. TBT and other organotins are also stable and persistent, resisting natural degradation in water bodies.

3.5.1.5 Aqueous Film Forming Foam (AFFF)

AFFF is a synthetic firefighting agent consisting of fluorosurfactants and/or fluoroproteins.

It serves as an effective fir efighting agent by forming an oxygen- excluding barrier over an area. In order to produce AFFF, a concentrated solution of the foam forming agent is injected into the water stream of a fire hose. Vessels equipped with AFFF equipment must periodically (annu ally

or semi -annually) test the equipment for maintenance, certification, or training purposes resulting in discharge overboard or onto the deck.

3.5.1.6 Boiler/Economizer Blowdown

Boiler blowdown occurs on vessels with steam propulsion or a steam generator to con trol

anti -corrosion and anti-scaling treatment concentrations and to remove sludge from boiler systems. The blowdown involves releasing a volume of 1% – 10% of water from the boiler system, usually below the waterline.

3.5.1.7 Cathodic Protection

Vessels use catho dic protection systems to prevent steel hull or metal structure corrosion. The two types of cathodic protection are sacrificial anodes and impressed current cathodic protection (ICCP). Using the first method, anodes of zinc or aluminum are “sacrificed” to theProposed 2013 Vessel General Permit (VGP) Fact Sheet

24 corrosive forces of the seawater, which creates a flow of electrons to the cathode, thereby preventing the cathode from corroding. These sacrificial metals are then released to the aquatic environment. Using ICCP, a DC electrical current is passed through the hull such that the electrochemical potential of the hull is sufficiently high enough to prevent corrosion.

3.5.1.8 Chain Locker Effluent

Chain locker effluent is water that collects in the below

- deck storage area during anchor retrieval. A sump collects t he liquids and materials that enter the chain locker and discharges it overboard or into the bilge. Chain locker effluent can contain marine organisms and residue such as rust, paint chips, grease, and zinc. When transported to non- native waters, these org anisms may upset the environment or food web as “invasive species.”

3.5.1.9 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

Oil to sea interfaces include any mechanical or other equipment where seals or surfaces may release small quantities of o il into the sea. Examples include controllable pitch propellers (CPPs). CPPs are variably -pitched propeller blades used to change the speed or direction of a vessel and are used in addition to the main propulsion system. Hydraulic oil can leak from the

CPP if the protective seals are worn or defective and large amounts may be discharged into surrounding waters during maintenance and repair. Another example includes rudder bearings, which allow a vessel’s rudder to turn freely and can be either grease -, oil- , or water -lubricated. An additional example is the stern tube. The stern tube is the casing or hole through the hull of the vessel through which the propeller shaft connects the engine of the vessel to the propeller. The propeller shaft and its supporting bearings require lubrication oil. Discharges can occur due to the design of the interface or if the protective seals or bearings are not maintained and develop leaks or if they are damaged. Yet another example would be wire ropes and cables that have

lubr icated surfaces which contact the sea.

The impact of lubricant discharges (not accidental spills) to the marine ecosystem is substantial. The majority of ocean-going ships operate with oil-lubricated stern tubes and use lubricating oils in a large number of applications in on-deck and underwater (submerged) machinery. The issue of oil leakage from stern tubes, once considered a part of normal “operational consumption” of oil, has become an issue of wide concern and is now being treated as oil pollution. Stern tube leakage is a significant source of lubricant oil inputs to the marine environment. A 2001 study commissioned by the European Commission DG Joint Research Centre (Pavlakis et al., 2001) concluded that routine unauthorized operational discharges of o il from ships into the Mediterranean Sea created more pollution than accidental spills.

An analysis of data on oil consumption sourced from a lubricant supplier indicated a range of average daily stern tube lubricant consumption rates for different vessels (Etkin, 2010). The average rate across vessel types was 2.6 liters per day, but ranged from less than 1 liter per day to 20 liters per day. In addition to spills and stern tube leakage, there are “operational inputs” of

lubricant oils that occur due to continuous low- level discharges and leakages that occur duringProposed 2013 Vessel General Permit (VGP) Fact Sheet

25 normal vessel operations in port. The sources of operational discharges include deck machinery

and in- water (submerged) machinery. There are a number of systems situated below the

waterline whic h must be lubricated, such as the stern tube bearing, thruster gearboxes, and horizontal stabilizers. All of these have pressurized lubricating oil mechanisms that maintain a pressure higher than the surrounding sea. This ensures that no significant amount of seawater can enter the oil system, where it would compromise the unit’s reliability. Any leakage of lubricant oil which does take place will be into the surrounding waters.

Etkin (2010) estimated the marine inputs of lubricant oils within the 4,708 ports and harbors of the world through stern tube leakage and operational discharges from marine shipping. His results indicate that commercial vessels make over 1.7 million vessel port visits each year, and leak 4.6 to 28.6 million liters of lubricating oil from stern tubes. In addition, 32.3 million liters of oil enters marine waters from other operational discharges and leaks. In total, operational discharges (including stern tube leakage) add between 36.9 million liters and 61 million liters of lubricating oil into marine port waters annually.

3.5.1.10 Distillation and Reverse Osmosis Brine

Discharges of brine can occur from on

- board plants that distill seawater or utilize reverse osmosis (RO) to generate fresh water. Distillation effluent may be at elevated tempera tures and may contain anti-scaling treatment, acidic cleaning compounds, or metals. RO effluent is

concentrated brine.

3.5.1.11 Elevator Pit Effluent

Large vessels with multiple decks are equipped with elevators to facilitate the transportation of maintenance equipment, people, and cargo between decks. A pit at the bottom of the elevator shaft collects liquids and debris from elevator operations, and may include oil and hydraulic fluid. Pits can be emptied by gravity draining, discharged using the firemain,

transfer red to bilge, or containerized for onshore disposal.

3.5.1.12 Firemain Systems

Firemain systems draw in water through the sea chest to supply water for fire hose stations,sprinkler systems, or AFFF distribution stations. Firemain stations can be pressurized or nonpressurized and are often used for secondary purposes onboard vessels (e.g., deck and equipment washdowns, machinery cooling water, ballast tank filling). However, when used for secondary purposes that result in other incidental discharges listed in the permit, that discharge is regulated by the relevant effluent limitation associated with that activity (e.g., rinsing off the anchor chain).

3.5.1.13 Freshwater Layup

Seawater cooling systems condense low pressure steam from propulsion plant or generator turbines on some vessels. When a vessel is pierside or in port for more than a few days, the main steam plant is shut down and the condensers do not circulate. This can cause an accumulation of biological growth within the system; consequently, a freshwater layup is carried

- out by replacing the seawater in the system with potable or surrounding freshwater (e.g. lake water). The freshwater remains stagnant for two hours before being blown overboard using pressurized air.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

26 After this, the condensers are considered flushed and are then refilled for the actual layup. After 21 days this fillwa ter is discharged and replaced and this is done on a 30- day cycle thereafter. Freshwater layup discharges residual saltwater, freshwater, tap water, and metals leached from the pipes or machinery into the environment.

3.5.1.14 Gas Turbine Water Wash

Gas turbines ar e used for propulsion and electricity generation. Occasionally, they must be cleaned to remove byproducts that can accumulate and affect their operation. These byproducts include salts, lubricants, and combustion residuals. The wastewater from the cleaning process may include cleaning compounds as well.

3.5.1.15 Graywater

Graywater is water from showers, baths, sinks, and laundry facilities. Graywater can contain high levels of pathogens, nutrients, soaps and detergents, and organics. Untreated graywater is much more likely to cause environmental impact when it is generated in large volumes (e.g., from cruise ships). Some vessels have the capacity to collect and store graywater for later treatment and discharge. Those that do not have graywater holding capacity continuously discharge it to receiving waters.

It is important to note that there is a small category of graywater discharges that are not subject to the CWA’s NPDES permitting requirement and thus are not covered by today’s draft permit. As discussed in section 3.5.2.2 below, discharges of sewage from vessels are not subject to the CWA’s NPDES permitting requirements, and are thus are not addressed by the VGP. 33 U.S.C. 1322(a)(6); 33 U.S.C. 1362(6). Instead, these discharges are regulated under a separate regulatory scheme: section 312 of the Clean Water Act. Under Clean Water Act section 312, the definition of “sewage” includes graywater discharges from “commercial vessels” (as defined at 33 U.S.C. 1322(a)(10)) on the Great Lakes. Thus, graywater discharges from such vessels are regulated under section 312 of the Clean Water Act, not this permit. 33 U.S.C. 1322(a)(6).

3.5.1.16 Motor Gasoline and Compensating Discharge

Motor gasoline is transported on vessels to op erate vehicles and other machinery. As the fuel is used, ambient water is added to the fuel tanks to replace the weight. This ambient water is discharged when the vessel refills the tanks with gasoline or when performing maintenance and can contain residual oils. Most vessels are designed not to have motor gasoline and compensating discharge.

3.5.1.17 Non- Oily Machinery Wastewater

Non

- oily machinery wastewater systems are intended to keep wastewater from machinery that contains no oil separate from wastewater that h as oil content. Vessels can have numerous

sources of non- oily machinery wastewater, including distilling plants start -up discharge, chilled water condensate drains, fresh and saltwater pump drains, potable water tank overflows, and leaks from propulsion sh aft seals.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

27 3.5.1.18 Refrigeration and Air Condensate Discharge

Condensation from cold refrigeration or evaporator coils of air conditioning systems drips from the coils and collects in drip troughs which typically channel to a drainage system. Condensate discharge may contain detergents, seawater, food residue, and trace metals.

3.5.1.19 Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling Water, Hydraulic System Cooling Water, Refrigeration Cooling Water)

Seawater cooling systems use ambient water to absorb the heat from heat exchangers, propulsion systems, and mechanical auxiliary systems. The water is typically circulated through an enclosed system that does not come in direct contact with machinery, but still may contain sediment from water intake, traces of hydraulic or lubricating oils, and trace metals leached or eroded from the pipes within the system. Additionally, because it is used for cooling, the effluent will have an increased temperature.

3.5.1.20 Seawater Piping Biofouling Prevention

Vessels that utilize seawater cooling systems introduce anti -fouling compounds (e.g., sodium hypochlorite) in their interior piping and component surfaces to inhibit the growth of fouling organisms. These anti-fouling compounds are then typically discharged overboard.

3.5.1.21 Boat Engine Wet Exhaust

Large vessels covered by the permit often have several small boats on -board. Small boat engines use ambient water that is injected into the exhaust for cooling and noise reduction purposes. This wet engine exhaust can contain numerous pollutants when discharged.

3.5.1.22 Sonar Dome Discharge

Water is used to maintain the shape and pressure of domes that house sonar detection, navigation, and ranging equipment. Discharges occur when the water must be drained for maintenance or repair or fro m the exterior of the sonar dome.

3.5.1.23 Underwater Ship Husbandry Discharges

Underwater ship husbandry is grooming, maintenance, and repair activities of hulls or hull appendages completed while the vessel is located in the water, including hull cleaning, hull repair, fiberglass repair, welding, sonar dome repair, non- destructive testing, masker belt repairs, and painting operations. Underwater ship husbandry discharges are considered incidental to the normal operation of a vessel when ships are maintained in proper operating order and the cleaning is done on a reasonable schedule. For drydock and other large cleaning activities, once every few years may be considered a reasonable schedule.

3.5.1.24 Welldeck Discharges

The welldeck is a floodable platform used for launchin g or loading small satellite vessels, vehicles, and cargo. Welldeck discharges may include water from precipitation, welldeck andProposed 2013 Vessel General Permit (VGP) Fact Sheet

28 storage area washdowns, equipment and engine washdowns, and leaks and spills from stored machinery.

3.5.1.25 Graywater Mixed with Sewag e from Vessels

Depending on how the vessel is designed, graywater and sewage may be combined into one effluent stream. Discharges of graywater that contain sewage are eligible for coverage under this permit (except for commercial vessels in the Great Lakes as discussed above) and must meet the discharge limitation requirements under Part 2, as well as any requirements applicable to sewage discharges ( i.e., 33 USC §§ 1322(a)-(m) and the implementing regulations at 40 CFR Part 140 and 33 CFR Part 159),, although these are not contained in this permit.

3.5.1.26 Exhaust Gas Scrubber Washwater Discharge

Exhaust gas scrubber washwater discharge (EGS washwater discharge) occurs as a result of operating or cleaning the exhaust gas cleaning systems (e.g. scrubbers) for marine diesel engines. After the washing solution is returned from the scrubber, the washwater can be either treated and discharged overboard, or alternatively, it can be piped to a clean bilge water tank or other suitable holding tanks. While many of the captu red contaminants (`sludge) are transferred to the vessel’s sludge tank, the constituents of EGS washwater discharge can include residues of nitrogen oxides (NOx), sulfur oxides (SOx) and particulate matter (PM) emissions captured by

the scrubbers. EGS wash water discharge can also contain traces of oil, polycyclic aromatic hydrocarbons (PAHs), heavy metals and nitrogen. Depending on the geographic location of the EGS washwater discharge, the pH level and turbidity of the receiving water may be altered.

3.5.1.27 Fish Hold Effluent

Fish hold effluent is composed of seawater, ice- melt, or ice slurry collected inside fish hold tanks. Fish hold effluent contains pollutants which result from seafood catch and other on-board vessel sources. These pollutants can include b iological wastes, metals, nutrients, and wastewater resulting from fish hold cleaning activities. For vessels with refrigerated seawater tanks, fish are typically extracted using a vacuum system that removes both the fish and refrigerated seawater

simultan eously. Any excess refrigerated seawater that is not required to assist in fish extraction is typically pumped overboard. Vessels that use chipped or slurry ice generally remove the seafood and then discharge the spent ice overboard. Tanks used to keep lob ster and crab catch alive pump surrounding water into the tank constantly to maintain the highest water quality possible. The flow rate through these systems results in a nearly continuous discharge of fish hold effluent.

Fish holds are also often cleaned or disinfected by vessel crews between catches. To rinse the tank, vessel crews use either municipal water from the pier or dock or they pump water from the surrounding ambient water. Cleaning may simply involve rinsing th e tanks with this water or a thorough scrub down with the addition of detergents or disinfectants to maximize the removal of organic material. As a result, the effluent from fish hold cleaning contains a combination of residual fish hold water and ambient or municipal water and often contains soaps or detergents. For more information discussing fish hold effluent, including information regarding specific constituents contained within that discharge, please see EPA’s 2010 vessels report to CongressProposed 2013 Vessel General Permit (VGP) Fact Sheet

29 available at www.epa.gov/npdes/vessels (US EPA 2010a) and in the docket for today’s draft permit.

3.5.2 Discharge Types Specifically Not Authorized By This Permit

EPA has identified several discharge types that would no t be authorized by this permit because, among other things, the discharge is not within the scope of the current 40 CFR 122.3(a) exclusion or not within the scope of EPA’s NPDES permitting authority.

3.5.2.1 Discharges Not Subject to Former NPDES Permit Exclusion Including Vessels Being Operated in a Capacity Other than as a Means of Transportation

Any discharge that was not subject to the former regulatory exclusion as of December 18, 2008, would not be authorized under the current permit. The date of December 18, 2008 is the day before the date of the vacatur of the regulatory exclusion.

The regulatory exclusion did not apply when the vessel is operating in a capacity other than as a means of transportation, and therefore, discharges from such vessels continue to be ineligible for coverage under this proposed permit. Vessels that are not being operated in the capacity of a means of transportation include vessels being used as energy or mining facilities, storage facilities, seafood processing facilities, or vessels that are secured to a storage facility or a seafood processing facility, or when secured to the bed of the ocean, contiguous zone, or water of the United States for the purpose of mineral or oil exploration or development. Similarly, vessels, when in drydock, also do not operate in a capacity as a means of transportation. Vessels that operate in a capacity other than as a means of transportation generally have not been excluded from NPDES permitting under 40 CFR Part 122.3(a).

“Floating” craft that are pe rmanently moored to their piers, such as “floating” casinos, hotels, restaurants, bars, etc. are not covered by the current vessel exclusion and thus would not be covered by the vessel permit. These structures are outside the scope of the 40 CFR Part

122.3 (a) exclusion because they operate "in a capacity other than as a means of transportation." They are best characterized as casinos, hotels, restaurants, bars, etc. that happen to be located on water instead of land, much like, for example, the water

- based storage facilities mentioned in 122.3(a) as being outside the scope of the exclusion.

With respect to vessels under construction, when the vessel is engaged in sea trials which result in operational discharges, because testing is a critical part of vesse l operation, such discharges would be incidental to the normal operation of a vessel, and thus eligible for coverage under this VGP. However, any discharges resulting from construction activities are not covered by the VGP as they are incidental to vessel construction, not vessel operation. With respect to vessels engaged in dredging operations, the resulting discharges of dredged or fill material generated by their dredging activity is covered by a CWA § 404 permit or MPRSA ocean dumping permit, and such discharges are excluded from CWA § 402 permitting. The incidental discharges (e.g. graywater, bilgewater) coming from the dredging vessels themselves are eligible for coverage under this permit (because they move as they dredge and thus are still operating as a means of transportation).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

30 3.5.2.2 Sewage from Vessels

The definition of “pollutant” in the Clean Water Act 502(6)(A) specifically excludes “‘sewage from vessels’ within the meaning of [Section 312 of the Clean Water Act].” These discharges are instead regu lated under section 312 of the CWA.

3.5.2.3 Used or Spent Oil

The discharge of used or spent oil no longer being used for its intended purpose is not eligible for coverage under the permit. Also prohibited is the discharge of used or spent oil by adding it to a d ischarge stream that is otherwise eligible for coverage under the permit.

Discharges of small amounts of oil incidental to the normal operation of a vessel are permissible provided appropriate effluent limits are met, including that oil is not discharged in quantities that may be harmful, pursuant to 40 CFR Part 110.3. See the discussion of limitations for specific waste streams in Part 4 of this fact sheet below.

3.5.2.4 Rubbish, Trash, Garbage or Other Materials Discharged Overboard

Rubbish, trash, garbage or other materials discharged overboard are not eligible for coverage under the permit because such materials are not subject to the 40 CFR 122.3(a) exclusion. As stated in VGP Part 1.2.3.4, “garbage” includes bulk dry cargo residues, as defined by USCG regulations (33 C.F.R. Part 151, Subpart A ( see , 73 Fed. Reg. 56492 (September 29, 2008)) and agricultural cargo residues (e.g., residue from agricultural cargo carried in bulk, such as corn, wheat, rice, soybeans, and grains ( see , H. Rept. 107-777 at pg 90 (November 13, 2002)), Thus discharges of such residues are outside the scope of this permit.

3.5.2.5 Photo Processing Waste

Photo processing waste includes a wide variety of compounds, such as ammonia, sulfuric acid, and silver. It is not eligible for coverage under the permit; it is generated in small quantities and can be held for proper disposal onshore.

3.5.2.6 Effluent from Dry Cleaning Operations

Tetrachloroethylene, also known as TCE, perchloroethylene, or PERC, is a highly toxic

substance primarily used by the dry cleaning industry. When humans are exposed to TCE it can cause dizziness, headache, nausea, nervous system problems, unconsciousness, and death. It is a probable human carcinogen. TCE is toxic at low levels and can contaminate soi l and water. TCE discharges associated with dry -cleaning activities on vessels are not eligible for coverage under the permit because they are not incidental to the normal operation of a vessel.

3.5.2.7 Discharges of Medical Waste and Related Materials

The discharge of medical waste as defined in 33 U.S.C. 1362(20), spent or unused pharmaceuticals, formaldehyde or other biohazards no longer being used for their intended purposes are not eligible for coverage under this permit. EPA considers these discharges as not being subject to the NPDES permit exclusion. For purposes of this permit, the liquid producedProposed 2013 Vessel General Permit (VGP) Fact Sheet

31 by dialysis treatment of humans is not deemed to be “medical waste,” and, like other human body waste (i.e., sewage), is exempt from NPDES permitting under 33 U.S.C. 1362(6). Like other sewage, this liquid is regulated, however, under VGP Part 2.2.25 if added to a blackwater system combined with a graywater system and is otherwise subject to the requirements of 33 U.S.C 1322 and its implementing regulations. The direct overboard discharge of such liquid without treatment is not authorized by the VGP.

3.5.2.8 Discharges of Noxious Liquid Substance (NLS) Residues

The permit does not authorize the discharges of noxious liquid substance (NLS) residues subject to 33 CFR Part 151, Subpart A, or 46 CFR 153.1102. Under 46 CFR 153.1102, discharges of NLS residues are either prohibited or, if allowable, may only take place at sea at least 12 nautical miles from the nearest shore. In light of this, the permit does not authorize such discharges within waters subject to the permit (i.e., inland waters and the waters of the 3 mile territorial sea). The relevant Coast Guard definition of the term "noxious liquid substance" ( see 46 CFR 153.2) is set out in the definition section of the per mit.

3.5.2.9 Tetrachloroethylene ( Perchloroethylene) Degreasers or Other Products Containing Tetrachloroethylene

Any degreasers containing TCE are not authorized for discharge into waters subject to this permit. In developing the 2008 VGP, EPA compared the cost of TCE degreasers to products not containing TCE and determined that other viable products are available and use of those products is economically practicable and achievable (ABT, 2008).

3.5.2.10 Discharges Curr ently or Previously Covered by A nother NPDES Permit

Any vessel discharge that is currently or has previously been covered by either an individual NPDES permit or another general NPDES permit is not eligible for coverage under the permit, without written permission from EPA. The vessel general permit is not intended to supplant or replace any current or previous NPDES permit.

3.6 P ERMIT C OMPLIANCE (P ART 1.4)

Part 1.4 of the permit is intended to inform the permittee of the potential consequences of failure to comply with the conditions of the permit. Part 1.4 exp lains that any failure to comply with the conditions of the permit constitutes a violation of the Clean Water Act. Also applicable to all permittees is the standard NPDES permit condition for the “duty to comply” ( see 40 CFR 122.41(a)). Where requirements and schedules for taking corrective actions are included, the time intervals are not grace periods, but are schedules considered reasonable for making repairs and improvements. For provisions specifying a time period to remedy noncompliance, the initial

fa ilure, such as a violation of a numeric or non- numeric effluent limit, constitutes a violation of the VGP and the Clean Water Act (unless specifically otherwise stipulated), and subsequent failure to remedy such deficiencies within the specified time perio ds constitutes an independent, additional violation of the permit and the CWA.

EPA notes that the U.S. Coast Guard and U.S. EPA signed a Memorandum of Understanding (MOU) to better coordinate efforts to implement and enforce VGP requirementsProposed 2013 Vessel General Permit (VGP) Fact Sheet

32 for vessels. Under the MOU, the two agencies will share information, expertise, and provide technical assistance on implementing and enforcing the VGP, which will help reduce government redundancy and enable each agency to accomplish its missions more effectively.

Addi tionally, the USCG will assist with verifying compliance of the VGP for domestic and foreign vessels. To view a copy of the MOU, please visit

htt p://epa.gov/compliance/resources/agreements/cwa/mou

- coastguard

vesselpermitrequirements.pdf

.

A copy of the February 11, 2011 Coast Guard policy letter entitled “Guidelines for Coast Guard Evaluations of Compliance with U.S. Environmental Protection Agency’s (EPA) Vessel General Permit (VGP) for Discharges Incidental to the Normal Operation of Vessels” can be found in the docket for today’s permit.

3.7 A UTHORIZATION U NDER THE P ERMIT (P ART 1.5)

3.7.1 No Requirement to Submit a Notice of Intent (NOI) for Certain Vessels

Under 40 CFR § 122.28 (b)(2)(v), some dischargers may, at the discretion of the Director, “be authorized to discharge under a general permit without submitting a notice of intent where the Director finds that a notice of intent requirement would be inappropriate.” In making such a determination, the Director must consider: the type of discharge; the expected nature of the discharge; the potential for toxic and conventional pollutants in the discharges; the expected volume of the discharges; other means of identifying discharges covered by the permit; and the estimated number of discharges to be covered by the permit. Based on consideration of these regulatory factors, EPA is exercising its discretion and not requiring operators of certain vessels to submit NOIs: namely, those that are smaller than 300 gross tons, and do not have the capacity to carry more than 8 cubic meters (2113 gallons) of ballast water. The reasons for this approach are explained below:

EPA estimates that there are approximatel y 72,000 vessels that may be covered by the permit. To require all these vessels to submit an NOI would be a large administrative burden. In general, the use of NOIs for most point sources provides permitting authorities with useful

information to assist i n oversight and enforcement of permittees, such as the specific location of the facility and its discharge. However, because vessels are mobile point sources that do not operate from a fixed location and may discharge to multiple receiving waters, the usefulness of requiring the entire universe of point sources covered by this general permit to submit NOIs is questionable. We request comment on this approach, which is essentially the same as the approach used in the 2008 VGP.

In order to determine which vessels would appropriately be required to submit NOIs, EPA looked at the universe of vessels that would be covered by this permit and found a logical break between larger and smaller vessels, based on the types of discharges from these vessels, the variety o f discharges containing conventional and toxic pollutants, and the volume and nature of those discharges. The volume of the discharges incidental to the normal operation of the vessel is expected to vary proportionately to the size of the vessel. Larger ve ssels will each individually have a greater volume of discharge and are more likely to have greater volume of discharges of concern (i.e., graywater and anti- foulant leachate). The expected volume of discharges for largeProposed 2013 Vessel General Permit (VGP) Fact Sheet

33 vessels is significant for each ind ividual vessel. For instance, a container ship can discharge thousands of cubic meters (millions of gallons) of ballast water; pounds of anti- foulant leachate, and significant quantities of bilgewater. Cruise ships have the potential to discharge large

vol umes of graywater due to the sizeable on -board ship populations, in addition to other discharges typical of such large vessels (for example, ballast water, bilge water, etc.). Therefore, larger vessels are far more likely to discharge larger quantities of toxic and conventional pollutants than smaller vessels due to a number of factors including the range of constituents in the discharge. EPA expects that smaller commercial vessels will have a smaller range of discharge types than larger commercial vessels. Some of the typical discharges eligible for coverage under the permit are nearly ubiquitous for most vessels, including deck runoff, bilge water, and leachate from anti -foulant hull coatings. However, larger commercial vessels have a greater range of disc harges which will be of greater volume. Thus, the limited range of discharge types from smaller vessels and the reduced likelihood for the introduction of significant quantities of toxic and conventional pollutants make requiring an NOI for these vessels to be of little value at this time. In addition, EPA has access to other sources of data available for identifying discharges from vessels covered by the permit, including state registration information, MARAD vessel calls, U.S. Coast Guard registration and customs records, and data from the National Ballast Water Information Clearinghouse (NBIC). From these sources, EPA can obtain information from which we can deduce the nature of ship and boat discharges from

these smaller vessels.

Based on the analysis o utlined above, EPA has determined that it would be inappropriate to require smaller commercial vessels to provide information about their discharges through submission of an NOI. The cutoff for submission of an NOI of 300 or more gross tons is consistent with U.S. Coast Guard requirements, including those for environmental pollution control (33 CFR 155.320), Automatic Identification System (AIS) carriage requirements (33 CFR 164.46), port security requirements, fuel oil and bulk lubricating oil discharge co ntainment requirements (33 CFR 155.320), and requirements for radar observers and chief engineers (33 CFR 15.820 and 33 CFR 15.820).

The criterion of vessels equipped to hold or discharge more than 8 cubic meters of ballast

water was established for two r easons. First, as of this time, there is not a method by which EPA can predict invasions from any vessel source. However, the greater the number of viable organisms released into the receiving water, the greater the propagule pressure, which increases

the risk for a successful invasion by an aquatic nuisance species. The volume of water discharged likely correlates to the number of organisms discharged; hence, lower volumes of water should contain fewer potential organisms which can successfully establish themselves. A vessel that carries and discharges 2,500 cubic meters of ballast water poses a greater risk to receiving waters than the vessel that carries 5 cubic meters. Therefore, the greater the volume of ballast water discharge, the greater the likeliho od of creating enough propagule pressure to result in an enhanced risk of the spread of aquatic nuisance species. Secondly, the 8 cubic meter threshold is generally consistent with provisions in the recent International Convention for the Control and Manag ement of Ships’ Ballast Water and Sediments (2004) providing for “equivalent compliance” for certain vessels in lieu of compliance with all provisions of the treaty. Hence, this is a recognized standard among mariners.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

34 Based on the analysis outlined above, EPA has determined that smaller vessels eligible for coverage under the VGP need not submit an NOI. However, these owner/operators must still complete the VGP Permit Authorization and Record of Inspection (PARI) form (discussed below) and maintain that fo rm on board at all times. EPA is today proposing the PARI form because we believe it is an efficient way for the owner/operator to certify that they have read and agreed to comply with the terms of the permit, and demonstrate basic understanding of the

per mit’s terms and conditions. In addition, the form will provide EPA (or its authorized representative) with a standardized foundation for conducting inspections. Based upon EPA’s experience in implementing the 2008 VGP, EPA found that many smaller vessel o wner/operators were confused about their obligations under the VGP because they were not required to submit the NOI form. Some of these vessel owner/operators erroneously believed that they were not subject to the VGP terms and conditions, and furthermore thought that they did not need to obtain alternative NPDES permit coverage. Hence, the purpose of this form is to reduce confusion within the industry and to confirm that these vessel owner/operators have read the terms of the VGP and understand their obligation to comply.

3.7.2 How to Obtain Authorization (Part 1.5.1)

To obtain authorization under the permit, operators must meet the Part 1.2 eligibility requirements and, if required by Part 1.5.1.1 of the permit, submit a complete and accurate NOI according to the requirements in Appendix E (Part 10 in the Permit), no later than the permit

effective date.

Part 1.5.1.1 describes which operators of a vessel are required to submit an NOI, and Table

1 sets out the timeframes within which an NOI must be submitted. An operator is required to submit an NOI for its vessel if the vessel meets either of the following two criteria:

• The 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.

3.7.2.1 Owner/Operators Required to Submit NOIs (Part 1.5.1.1)

Owner/operators required to submit an NOI for their vessel must submit an NOI in

accordance with Table 1 of the permit. When completing the NOI form, the owner/operator is asked to select which discharge types the vessel is likely to produce. All discharges covered by the permit will be covered for the vessel, even if the owner/operator does not select all discharges. The form will allow EPA to better understand which vessel types typically produce which discharges, but will not limit permit coverage for the vessel owner/operator as long as the vessel is in compliance with the permit requirements. Table 1 specifies applica ble deadlines for different categories of operators to submit NOIs. All NOIs will be made available for public review through posting on the internet. EPA may request that the owner/operator seek coverage under Part 1.8 of the permit (Alternative Permits) if appropriate.

When the ownership or operation of a vessel that is already covered under this permit is transferred, the new owner/operator must submit to EPA an NOI for the vessel by the date ofProposed 2013 Vessel General Permit (VGP) Fact Sheet

35 transfer. The new NOI then becomes effective on the date the transfer takes place, or on the date EPA receives the NOI, whichever is later.

For new vessels delivered to the owner/operator after December 19, 2013, the deadline for submission of an electronic NOI is no later than 7 days before the vessel will discharge into waters subject to this permit. The discharge authorization date for these vessels is 7 days after the complete electronic NOI is received by EPA.

For existing vessels delivered to the owner/operator after December 19, 2013, that were not previously covered under this permit, the deadline for submission of an electronic NOI is no later than 7 days before the vessel will discharge into waters subject to this permit. The discharge authorization date for these vessels is 7 days after the complete electronic NOI is received by

EPA .

For both new and existing vessels that submit a paper NOI, the discharge authorization date is 30 days after the NOI is processed by EPA.

Part 1.5 and 4.2 4 of the permit requires that all vessel owner/operators must keep records

of their NOIs or PARIs on board their vessels. As with other records kept for purposes of the VGP, electronic records meeting the requirements under Part 4.2.1 of the permit meet this requirement.

Based on a review of the NOI or other information, EPA may delay the authorization of the owner/operator’s discharge or may deny coverage under the permit and require submission of an application for an individual NPDES permit, as detailed in Part 3.10.1. EPA will notify the owner/operator in writing of any such delay or the request for submission of an individual NPDES permit application. For existing vessels covered under this general permit at the time it is issued, EPA will allow a reasonable time period to obtain alternate permit coverage before coverage under this permit is terminated.

3.7.2.2 Owner/Operators Not Required to Submit NOIs (Part 1.5.1.2)

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.

As a requirement of this permit, vessel owner/operators that are not required to submit NOIs must complete the VGP PARI Form contained in Appendix K of the permit. The PARI

fo rm must be signed and maintained on board the vessel for the entire permit term. EPA emphasizes that these owner/operators would still be subject to all applicable requirements contained within the permit even if they fail to complete and retain the form.

A certification statement is included in the VGP PARI that is required under this permit. This form and certification must be printed, signed and kept on the vessel while under permit

coverage.

When implementing the 2008 VGP, EPA found that not requiring smaller vessels to submit an NOI created confusion for some smaller vessel owner/operators about their obligationsProposed 2013 Vessel General Permit (VGP) Fact Sheet

36 under the 2008 VGP. The PARI form requires that a vessel owner operator state he or she has read the terms of the VGP and agrees to comply w ith the terms of the permit. Furthermore, the PARI serves as a record for any inspector that the smaller vessel owner/operator has read, and agreed to abide by the terms of the VGP. EPA specifically seeks comments on the inclusion of this new requirement.

If an owner/operator not required to submit an NOI wishes EPA to consider alternative permit requirements for the vessel, he or she must apply to EPA for a substitute permit applicable to his or her vessel as required by Part 1.8 of the permit within 90 days (Alternative Permits).

3.7.3 Continuation of the Permit (Part 1.5.2)

If the permit is not reissued or replaced prior to its expiration date, existing dischargers will continue to be covered under an administrative continuance, in accordance with section 558(c) of the APA and 40 CFR 122.6. The current permit will remain in effect for discharges that were covered prior to expiration until EPA acts on a permit renewal. If coverage is provided to a permittee prior to the expiration date of the permit, the permit tee would automatically be covered by the permit until the earliest of: (1) the authorization for coverage under a reissuance or replacement of the permit, following timely and appropriate submittal of a complete NOI, if required; (2) submittal of a Notice of Termination; (3) issuance of a new general permit that covers your vessel discharges or vessel type and provides you coverage without requiring you to submit an NOI to obtain coverage; (4) issuance or denial of an individual permit for t he permittee’s discharges; or (5 ) formal permit decision by EPA not to reissue the 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.

EPA has followed this approach in order to extend coverage for these permittees under a permit vehicle until re -issuance of the permit or coverage under some other permit. For more information, see 40 CFR 122.6. EPA does not have the authority to provide coverage to “ new” vessels seeking coverage under an expired permit (i.e., vessels that were not covered under the permit prior to expiration).

3.8 T ERMINATING C OVERAGE (P ART 1.6)

3.8.1 Submitting a Notice of Termination (NOT) (Part 1.6.1.1)

Part 1.6.1 of the permit encourages t hose permittees that are required to submit NOIs to use the eNOI system to file NOTs. If a permittee who is required to submit an NOI wishes to terminate coverage under the proposed permit, he/she must submit a NOT in accordance with Appendix F. The permittee’s authorization to discharge under the permit terminates at 11:59 pm on the day that a complete NOT is processed and posted on EPA’s website (www.epa.gov/npdes/vessels/eNOI). However, the NOT is invalid and the permittee must continue to comply with the permit if none of the conditions identified in Part 1.6.1. 2 are met. The permittee has a continuing responsibility for the discharges from its vessel until the NOT is submitted and processed by EPA. See below for a more detailed discussion of Part 1.6.2.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

37 3.8.2 When to Submit a Notice of Termination (Part 1.6.1.2 and Part 1.6.2)

3.8.2.1 Terminating Coverage for Vessels Required to Submit an NOI

If a permittee was required to submit an NOI, and subsequently meets one of the conditions identified in Part 1.6.1.2, he/she must submit an NOT, preferably to the eNOI system. An NOT is required to be submitted within 30 days after one or more of the following conditions has been met: (1) a new owner or operator has assumed responsibility for the vessel; (2) operation of the vess el has permanently ceased in waters subject to this permit and there are no longer vessel discharges; or (3) permit coverage has been obtained under an individual or alternative general permit for all discharges requiring NPDES permit coverage, unless the permittee is directed by EPA to obtain this coverage. EPA uses the term ‘permanently ceased’ in this context to mean that the vessel owner/operator does not intend to resume operations in waters subject to this permit during the permit term. A vessel owner is not required to submit an NOT every time the vessel leaves waters subject to this permit if the vessel may return to waters subject to this permit during the permit term. This allows a vessel to maintain coverage under the permit, as long as the permit ’s terms and conditions continue to be met when the vessel is operating in waters subject to this permit.

The permittee’s authorization to discharge under the permit terminates at 11:59 pm on the day that a complete NOT is posted on EPA’s website ( www.epa.gov/npdes/vessels/enoi ). However, even if the NOT has been posted on the website, the NOT is invalid and the permittee must continue to comply with the permit. The permittee has a continuing obligation to comply with all permit conditions until a compliant NOT is submitted to E PA and posted on EPA’s

website.

3.8.2.2 Te rminating Coverage for Vessels Not Required to Submit an NOI

If a vessel owner/operator is not required to submit an NOI, the vessel’s permit coverage is automatically terminated if: (1) a new owner or operator has assume d responsibility for the vessel; (2) operation of the vessel has permanently ceased in waters subject to this permit and there are no longer vessel discharges; or (3) permit coverage has been obtained under an individual or alternative general permit for a ll discharges requiring NPDES permit coverage.

3.9 C ERTIFICATION (P ART 1.7)

Today’s permit contains a requirement that any person signing the NOI, NOT, the VGP PARI Form, and any reports (including any monitoring data) submitted to EPA, in accordance

with the permit must include the certification statement available in Part 1.7. This certification statement includes an additional sentence that, prior to the VGP issued in December 2008, had not been included in previous EPA issued NPDES general permits. The sen tence reads: “I have no personal knowledge that the information submitted is other than true, accurate, and complete.” EPA believes this additional certification language is necessitated by the decision in

U.S. v. Robison , 505 F.3d 1208 (11th Cir. 2007). In Robison , the Court of Appeals struck down the defendant's conviction for a false statement on the grounds that the certification language did not require him to have personal knowledge regarding the truth or falsity of the information

submitted to EPA. Rather, the court reasoned that EPA's certification required the defendant toProposed 2013 Vessel General Permit (VGP) Fact Sheet

38 certify, in part, that he made an inquiry of the persons who prepared and submitted the information and based on that inquiry, the information was accurate to the best of his kn owledge. The court further reasoned that there is no requirement in the certification that the person attest to his personal knowledge regarding the information submitted. The government had argued at trial that the defendant had personal knowledge that th e facility had committed violations. As a result, EPA feels it is necessary to include language which clarifies that the signatory is certifying that he or she has no personal knowledge that the information submitted is other than true, accurate, and compl ete.

3.10 A LTERNATIVE P ERMITS (P ART 1.8)

3.10.1 EPA Requiring Coverage U nder an Alternative Permit (Part 1.8.1)

Pursuant to 40 CFR 122.28(b)(3), EPA may require a discharger to apply for and obtain an individual permit instead of obtaining coverage under the general permit. These regulations also provide that any interested party may petition EPA to take such an action. The issuance of an individual permit will be in accordance with 40 CFR Part 124 and provide for public comment and appeal of any final permit decisio n. The circumstances in which such an action would be taken are set forth at 40 CFR 122.28(b)(3).

3.10.2 Permittee Requesting Coverage U nder an Alternative Permit (Part 1.8.2)

After issuance of the permit, the permittee may request to be excluded from such covera ge by applying for an individual permit. In such a case, the permittee must submit an individual permit application, no later than 90 days after the date of publication of final permit in the Federal Register, in accordance with 40 CFR 122.28(b)(3)(iii), along with a statement of reasons supporting the request, to the applicable EPA Regional Office listed in Part 7 of this permit. The request may be granted by issuance of an individual permit or authorization of coverage under an alternative general permit if the reasons are adequa te to support the request. Under this scenario, if an individual permit is issued, or authorization to discharge under an alternative NPDES permit is granted, your authorization to discharge under this permit is automatically term inated under 40 CFR 122.28(b)(3)(iv) on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit.

3.11 P ERMIT R EOPENER C LAUSE (P ART 1.9)

This permit contains a reopener clause allowing the permit to be re-opened and modified during the term of the permit, consistent with the Federal regulations at 40 CFR sections 122.62, 122.63, 122.64, and 124.5. Among other things, under 40 CFR 122.62 permit modification may result if new information, not available at the time of permit issuance, is received that would have justified the application of different permit conditions at the time of issuance. Specifically with respect to ballast water discharges, new information that will be considered in determining

w hether to modify this permit includes but is not limited to, data or information from permittees, the general public, states, academia, scientific or technical articles or studies, and results of monitoring conducted under this permit indicating that:Proposed 2013 Vessel General Permit (VGP) Fact Sheet

39 • Trea tment technology has improved such that these improved technologies would have justified the application of significantly more stringent effluent limitations or other permit conditions had they been known at the time of permit issuance;

• Treatment technolog ies known of at the time of permit issuance perform significantly better than understood at the time of permit issuance such that this improved performance would have justified the application of significantly more stringent effluent limitations or other permit conditions had this been understood at the time of permit issuance;

• Scientific understanding of pollutant effects or of invasion biology has evolved such that this new information would have justified the application of significantly more stringent effluent limitations or other permit conditions had this been understood at the time of permit issuance; or

• The cumulative effects of any discharge authorized by the VGP on the environment are unacceptable.

The language in the permit pertaining to what may constitute new information with respect to ballast water discharges is included in the draft permit to emphasize the Agency’s intention to keep pace with new technologies as they develop. EPA specifically requests comment on including this new language in the next VGP.

3.12 O CEAN D ISCHARGE C RITERIA

The Ocean Discharge Criteria (40 CFR Part 125, Subpart M) establish regulations for issuance of NPDES permits for discharges into the territorial seas, the contiguous zone and the

ocean as these terms are defined in the CWA. The permit includes coverage of vessels operating as a means of transportation when within the territorial seas. It thus is subject to the Ocean Discharge Criteria regulation with respect to discharges incidental to the normal operation of

such ve ssels into the territorial seas. For purposes of this evaluation, the territorial seas means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles (33 U.S.C. 1362(8)).

Under 40 CFR 125.123(a), if EPA, on the basis of available information determines prior to permit issuance that the discharges authorized will not cause unreasonable degradation of the marine environment, EPA may issue an NPDES permit, which may be conditioned as necessary to assure that the discharge will not cause unreasonable degradation. The regulations at 40 CFR 125.121(e) define unreasonable degradation of the marine environment as meaning:

1. Significant adverse changes in ecosystem diversity, productivity and stability of the biological community within the area of discharge and surrounding biological communities,

2. Threat to human health through direct exposure to pollutants or through consumption of exposed aquatic organisms, or

3. Loss of aesthetic, recreational, scientific or economic values which is unreasonable in relation to the benefit derived from the discharge.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

40 The Ocean Discharge Criteria requi re that EPA consider a number of factors in determining the degree of degradation to the marine environment. These factors include the amount and nature of the pollutants, the potential transport of the pollutants, the character and uses of the receiving w ater and its biological communities, the existence of special aquatic sites (including parks, refuges, etc.), any applicable requirements of an approved Coastal Zone Management plan, and potential impacts on water quality, ecological health and human health and any other factors the Administrator deems appropriate. 40 C.F.R. 125.122(a). In addition, the Ocean Discharge Criteria establish a presumption that discharges in compliance with state water quality standards will not cause unreasonable degradation with respect to the pollutants subject to those standards. 40 C.F.R. 125.122(b). After consideration of the Ocean Discharge Criteria, EPA has determined that the discharges authorized by the NPDES permit into the territorial seas in accordance with permit re quirements will not cause unreasonable degradation of the receiving

waters.

The discharges authorized by the permit are limited to those discharges incidental to the normal operation the vessel, and except for ballast water and graywater from cruise ships

, typically will be of limited volumes. In addition, because vessels in the territorial seas are likely to be underway as part of their voyage, any discharges incidental to their normal operation would typically be well -mixed upon discharge before they are subject to further dispersal and transport beyond the area of the vessel’s operation.

In the case of ballast water, the permit contains interim conditions (Part 2.2.3 of the permit) related to exchange of ballast water and saltwater flushing of empty bal last tanks beyond the outer limits of the territorial seas to reduce the risk of introduction of invasive species resulting from vessel discharges to waters of the United States within the territorial seas. EPA believes that these controls will prevent unreasonable degradation of the marine environment. With respect to graywater from cruise ships, the permit also includes (Parts 5.1 and 5.2 of the permit) additional conditions to reduce the impacts of graywater discharges to acceptable levels.

EPA believes that these provisions will prevent unreasonable degradation of the marine

environment.

In developing the permit, the Agency has taken into consideration that discharges incidental to the normal operation of vessels that are subject to the permit have the p otential to be contaminated with oil or other potentially persistent or bioaccumulative pollutants. The permit therefore contains a number of best management practices intended to avoid or reduce the potential for such contamination (e.g., section 2.1). In addition, the permit requires (section 2.1.5) compliance with all federal environmental laws that establish controls on oily or hazardous discharges, including among others, CWA section 311 (33 U.S.C. 1321), the Act to Prevent Pollution from Ships (33 U.S.C. 190-1915), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), and the Oil Pollution Control Act , 33 U.S.C. 2701-2761. EPA believes that these controls will prevent unreasonable degradation of the marine

environment.

The Ag ency also has taken into account the biological communities and receiving waters that would be exposed to the discharges incidental to the normal operation of vessels that will be authorized by the permit. This consideration has necessarily been complicate d by the fact that vessels have the potential to traverse vast distances in the territorial sea while discharging. TheProposed 2013 Vessel General Permit (VGP) Fact Sheet

41 Agency has taken an approach of identifying potentially sensitive areas in which vessels may operate and providing for additional controls when discharges occur in such areas. In addition to requiring compliance with marine sanctuaries provisions of the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq. ) and implementing regulations found at 15 C.F.R. Part 922 and 50 C.F.R. Part 404 (Part 2.1.5), the permit includes other conditions to impose additional controls and requirements on covered discharges in sensitive receiving waters (Part 2.3 of the permit). EPA has also determined that issuance of this permit will not adversely affect ess ential fish habitat (see 12.3 of this Fact Sheet).

Finally, this permit applies to discharges to the outer limit of the three mile territorial sea. State water quality standards also apply within these waters and the permit thus contains effluent

limitati ons as necessary to meet those applicable water quality standards (Parts 2.3 and 6 of the Permit). In addition, EPA will request states’ certifications under section 401 of the Clean Water Act, and requested concurrence on EPA’s consistency determination f or this permit from state coastal management agencies, in accordance with section 307(c) of the Coastal Zone Management Act (CZMA). Additional conditions will be incorporated into Part 6 of the permit, pursuant to CWA section 401, CZMA section 307(c), and implementing regulations. Under 40 C.F.R. 125.122(b), EPA presumes that discharges in compliance with state water quality standards will not cause unreasonable degradation of the marine environment with respect to specific pollutants or conditions specified in such standards.

In light of the foregoing, EPA has determined that issuance of the permit will not cause:

1. Significant adverse changes in ecosystem diversity, productivity and stability of the biological community within the area of discharge and surrounding biological communities,

2. Threat to human health through direct exposure to pollutants or through consumption of exposed aquatic organisms, or

3. Loss of aesthetic, recreational, scientific or economic values which is unreasonable in

relation to the b enefit derived from the discharge.

Accordingly, in accordance with 40 CFR 125.123(a), the Agency has determined that issuance of the permit with the controls included will not cause unreasonable degradation of the

marine environment.

3.13 O THER C ONDITIONS (P ARTS 1.11, 1.12, AND 1.13)

This permit contains savings clauses which state that nothing in the permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties establ ished pursuant to any applicable state law or regulation under authority preserved by section 510 of the Clean Water Act or applicable requirements or prohibitions under other provisions of Federal law or regulations. In addition, Federal regulations require that the standard permit conditions provided at 40 CFR 122.41 be applied to all NPDES permits. 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 regul ations at 40 CFR 122.41 (2008) are incorporated into the permit by reference. The permitProposed 2013 Vessel General Permit (VGP) Fact Sheet

42 requires permittees to comply with all applicable standard conditions. These regulations may be

viewed at: http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=ddda7b420b62b6e4a956b3f5cf50db8b&r gn=div5&view=text&node=40:22.0.1.1.12&idno=40 and will be included in the docket for this permit.

3.14 E LECTRONIC R EPORTING R EQUIREMENT

Pursuant to Part 1.14 of the permit, vessels covered the 2013 VGP must report all results to EPA electronically, unless they meet one of the requirements for and are granted a waiver as specified in Part 1.14 of the VGP. These reasons are if:

• EPA has not yet developed electronic tools to allow such electronic submission of VGP reporting information, and has not yet implemented such electronic reporting;

• The owner/operator’s headquarters is physicall y located in a geographic area (i.e., zip code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission and the vessel never travels to any areas with adequate br oadband Internet access; or

• The vessel owner/operator has issues regarding available computer access or computer capability.

Electronic reporting improves efficiency for both vessel owner/operators and EPA. EPA believes that the vast majority of vessel owner/operators are able to submit NOIs and reporting results electronically and most prefer electronic communication versus submitting hard copy documents. For example, in the 2008 VGP, where electronic submittal of NOIs was encouraged, vessel owner/operators submitted electronic NOIs for approximately 99% of covered vessels.

As mentioned above, in those rare cases where vessel owner/operators are unable to report electronically, EPA has included a provision to allow for hard copy submittal of information on a case by case basis, assuming the vessel owner/operator meets certain minimum requirements. EPA is specifically requesting comment on whether requiring a waiver to allow for paper submissions is appropriate, and whether EPA has established appropria te reasons for allowing a

waiver.

EPA will make any ballast water monitoring data available in electronic form available to the public in electronic form. EPA believes that such an approach increases the transparency of permit compliance without unduly increasing the burden on the regulated community or EPA. The data will likely be made available in the format of a searchable interface available via EPA’s webpage at www.epa.gov/npdes/vessels . For an example of how EPA makes VGP related data available to the public, please see EPA’s NOI search feature, also available at www.epa.gov/npdes/vessels.

3.15 A DDITIONAL N OTES

As discussed more fully later in this fact sheet, the permit incorporates by reference (as BAT/BPT) several provisions of federal law, class society and flag state requirements. EPA hasProposed 2013 Vessel General Permit (VGP) Fact Sheet

43 clarified in the permit "notes" section that the permit is intended to refer to those provisions as they were in effect on the date of issuance of the final VGP. Hence, the permit’s provisions that require compliance with statutes and regulations other than the Clean Water Act refer to those authorities as codified as of the date of the Federal Register notice that will announce the availability of this final permit . References to class society or flag state requirements are also as of that date. All of the provisions in this section were included in the 2008 VGP and have been

moved to Part 1.15 of the VGP for editorial reasons.

Although EPA is not required to respond to late comments on this draft permit, EPA does intend to consider and respond to any comments submitted to the Agency regarding the incorporation into this permit of requirements imposed after the close of the comment period but before final permit issuance as long as the commenter su bmits them to the Agency promptly after the adoption of the requirement and clearly indicates that the comments address the incorporation by reference issue. EPA requests comment on this approach to incorporation by reference of other applicable requiremen ts. EPA's proposed approach deviates from the 2008 VGP approach of incorporating requirements as they were in effect on the date of VGP proposal; EPA proposes this change to ensure that the requirements ultimately adopted in the permit are as

current as possible. EPA also requests comment on the approach of making the referenced provisions applicable as they are in effect at the time of discharge (i.e., an approach where the permit would automatically incorporate future changes to referenced provisions). EPA seeks comment on the pros and cons of such an approach.

Additionally, EPA specifically requests comment on whether the draft permit appropriately addresses the responsibility of the master to ensure the safety and stability of the vessel and the

saf ety of the crew and passengers at all times (as EPA intends) and whether the Agency has identified all appropriate permit requirements where safety provisions should be specified.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

44 4. EFFLUENT LIMITATIONS

4.1 B ACKGROUND

The Clean Water Act (CWA) requires that all point source discharges must meet technology- based effluent limitations representing the applicable levels of technology

- based control. Water quality- based effluent limitations (WQBELs) are required as necessary where the technology- based limitations a re not sufficient to meet applicable water quality standards (WQS). See P.U.D. No. 1 of Jefferson County et al. v. Washington Dept. of Ecology , 511 U.S. 700, 704 (1994). Water quality-based requirements will be discussed in greater depth in Section 4.3. Both technology- based and water quality

- based effluent limitations are implemented through NPDES permits containing such limitations issued to point sources. CWA sections 301(a) and (b).

4.1.1 The Clean Water Act Requires EPA to Develop Effluent Limitations that Represent the Following:

4.1.1.1 Best Practicable Control Technology Currently Available (BPT)

The CWA requires BPT effluent limitations for conventional, toxic, and non-conventional pollutants. Section 304(a)(4) designates the following as conventional pollutant s: biochemical oxygen demand (BOD 5 ), total suspended solids, fecal coliform, pH, and any additional pollutants defined by the Administrator as conventional. The Administrator designated oil and grease as an additional conventional pollutant on July 30, 1979. 40 CFR 401.16. EPA has identified 65 pollutants and classes of pollutants as toxic pollutants, of which 126 specific substances have been designated priority toxic pollutants. 40 CFR 401.15 and 40 CFR Part 423 Appendix A. All other pollutants are considered to be non-conventional.

In specifying BPT, under CWA section 301(b)(1)(A); 304(b)(1)(B); and 40 CFR 125.3(d)(1), EPA looks at a number of factors. EPA first considers the total cost of applying the control technology in relation to the effluent reduction benefits. The Agency also considers the age of the equipment and facilities, the processes employed, and any required process changes, engineering aspects of the control technologies, non

- water quality environmental impacts (including energy requirements), and such other factors as the EPA Administrator deems appropriate. Traditionally, EPA establishes BPT effluent limitations based on the average of the best performance of facilities within the industry of various ages, sizes, processes, or other common characteristics. Where existing performance is uniformly inadequate, BPT may reflect higher levels of control than currently in place in an industrial category if the Agency determines that the technology can be practically applied.

4.1.1.2 Best Conventional Pollutant Control Technology (BCT)

The 1977 amendments to the CWA required EPA to identify effluent reduction levels for conventional pollutants associated with BCT for discharges from existing industrial point sources. CWA section 301(b)(2)(E); 304(b)(4)(B); 40 CFR 125.3(d)(2). In addition to considering the other factors specified in section 304(b)(4)(B) to establish BCT limitations, EPA also considers a two part “cost -reasonableness'' test. EPA explained its methodology for the development of BCT limitations in 1986. 51 FR 24974 (July 9, 1986).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

45 4.1.1.3 Best Available Technology Economically Achievable (BAT)

For toxic pollutants and non- conventional pollutants, EPA promulgates effluent limitations based on BAT. CWA section 301(b)(2)(A); 304(b)(2)(B); 40 CFR 125.3(d)(3). In establishing BAT, the technology must be technologically “available” and “economically achievable.” The factors considered in assessing BAT include the cost of achieving BAT effluent reductions, theage of equipment and facilities involved, the process employed, potential process changes, nonwater quality environmental impacts, including energy requirements, and other such factors as the EPA Administrator deems appropriate. The Agency retains considerable discretion in assigning the w eight accorded to these factors. BAT limitations may be based on effluent reductions attainable through changes in a facility's processes and operations. Where existing performance is uniformly inadequate, BAT may reflect a higher level of performance than is currently being achieved within a particular subcategory based on technology transferred from a different subcategory or category. BAT may be based upon process changes or internal controls, even when these technologies are not common industry practice.

This permit contains effluent limits that correspond to required levels of technology- based control (BPT, BCT, BAT) for various discharges under the CWA. Some effluent limits have been established by examining other existing laws and requirements. Where these laws already exist, it was deemed feasible for the operators to implement these practices as effluent limits in this permit. Because these are demonstrated practices, EPA has found that they are technologically available and economically practicable (BPT) or achievable (BAT). In some cases, such as with discharges of oils, including oily mixtures, graywater discharges from cruise ships (under certain circumstances), and for ballast water discharges, numeric effluent limits

have been established.

4.1.2 Nume ric Limitations Are Infeasible

Because of the nature of vessel discharges, it is not practicable to derive numeric effluent limits to achieve these levels of control for many of the discharge types until greater information is available. Constituents in p roperly controlled discharges may vary widely based upon vessel type, size, and activities occurring on board the vessel. In such situations, the CWA authorizes

EPA to include non- numeric effluent limits in NPDES permits. 8 40 CFR 122.44(k)(3). The VGP

incl udes such non-numeric effluent limits developed for discharges for which developing numeric effluent limits are infeasible to calculate at this time. Many of these non

- numeric effluent limits require permittees to engage in specific behaviors or best manag ement practices (BMPs).

For example, vessel owner/operators must apply a broom clean standard (or similar management measure) to remove all debris before conducting deck washdowns. Additionally, to reduce the impact of oils leaking into the marine environment from oil to sea interfaces, many vessels must use environmentally acceptable lubricants. Additionally, several BMPs require vessels to “minimize” pollutant discharges. For purposes of this permit and consistent with the

8 Refer to more detailed discussion below under “EPA’s Aut hority To Include Non

- Numeric Technology

- Based Effluent Limits In NPDES Permits,” “EPA’s Decision To Include Non

- Numeric Technology

- Based Effluent Limits In This Permit” and 40 CFR 122.44(k)(3).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

46 technology- based requireme nts of the CWA, EPA is clarifying that the term “minimize” means to reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and

achievabl e in light of best marine practice.

This permit defines the term “minimize” in order to provide a reasonable approach by which EPA, permittees, and the public can determine/evaluate appropriate control measures for vessels to control specific discharges. EPA believes that for some vessel discharges, minimization of pollutants in those discharges can be achieved without using highly engineered, complex treatment systems. For other vessel discharges, highly engineered, complex, treatments systems that are re liable and approved for use on vessels are not currently available. The specific limits included in Part 2 of the permit emphasize effective pollution prevention controls, such as requiring phosphorus free soap, storing chemicals in protected areas of the vessel, and minimizing production of graywater in port. In other cases, they require more complex behavioral practices such as saltwater flushing or ballast water exchange as interim ballast water management requirements. In yet other cases, more advanced treatment may be necessary.

4.2 T ECHNOLOGY -B ASED E FFLUENT L IMITS

EPA has determined that the technology-based numeric and non- numeric effluent limits in this permit, taken as a whole, constitute the first level of control (BPT for all pollutants) and the

secon d level of control (BAT for toxic and non-conventional pollutants and/or BCT for conventional pollutants) for discharges from vessels. For all of the discharges in this permit, the technology-based limits are based on best professional judgment, as authorized under CWA section 402(a)(1) and 40 CFR 125.3.

4.2.1 Types of Technology- Based Effluent Limits

As stated above, the CWA establishes two levels of technology-based controls. The first level of control, “best practicable control technology currently available,” or “BPT” applies to all pollutants. CWA section 304(b)(1)(B); 33 U.S.C. 1314(b)(1)(B). BPT represents the initial stage of pollutant discharge reduction, designed to bring all sources in an industrial category up to the level of the average of the best source in that category. See EPA v. National Crushed Stone

Association , 449 U.S. 64, 75-76 (1980). In the second level of control, all point sources are required to meet effluent limitations based on “best conventional pollutant control technology,”

or “BCT” CWA section 304(b)(4)(B); 33 U.S.C. 1314(b)(4)(B) or “best available technology economically achievable,” or “BAT” CWA section 301(b)(2)(A); 33 U.S.C. 1311(b)(2)(A), depending on the types of pollutants discharged. BCT applies to conventional pollutants, listed at 40 CFR 401.16 (biological oxygen demand (BOD 5 ), pH, fecal coliform, total suspended solids(TSS), and oil and grease). BAT applies to toxic and non-conventional pollutants. Technologybased limits are to be applied throughout an industry sector without regard to receiving water quality. Appalachian Power Co. v. EPA , 671 F.2d 801 (4th Cir. 1982).

4.2.2 Inclusion of Non

- Numeric Technology

- Based Limits in NPDES Permits

NPDES permits are required to contain technology- based limitations. CWA sections 301(b) (1)(A)(BPT); 301(b)(2)(A)(BAT), 301(b)(2)(E) (BCT); 40 CFR 122.44(a)(1).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

47Technology-based limits in the permit represent the BPT (for conventional, toxic, and nonconventional pollutants), BCT (for conventional pollutants), and BAT (for toxic and nonconventional pollutants) level of control for the applicable pollutants. Where EPA has not promulgated effluent limitations guidelines and standards (ELGs) for an industry, or if an operator is discharging a pollutant not covered by the effluent guideline, per mit limitations may be based on the best professional judgment (BPJ, sometimes also referred to as best engineering judgment) of the permit writer. 33 U.S.C. 1342(a)(1); 40 CFR 125.3. See Student Public Interest Group v. Fritzsche, Dodge & Olcot t, 759 F.2d 1131, 1134 (3d Cir. 1985); American Petroleum

Inst. v. EPA , 787 F.2d 965, 971 (5th Cir. 1986). For this general permit, all of the technologybased limits are based on BPJ decision -making because no ELGs apply.

Many of the BPJ limits in the per mit are in the form of non- numeric control measures, commonly referred to as best management practices (BMPs). BMPs are considered “effluent limitations” within the meaning of the CWA. See Citizens Coal Council v. EPA , 447 F.3d 879, 895-96 (6th Cir. 2006) ; Waterkeeper Alliance, Inc. v. EPA , 399 F.3d 486, 502 (2d Cir. 2005) (holding that site

- specific BMPs at issue constitute effluent limitations within the meaning of the CWA); Natural Res. Def. Council, Inc. v. EPA , 673 F.2d 400, 403 (D.C. Cir.1982) (“section 502(11) defines ‘effluent limitation’ as ‘ any restriction’ on the amounts of pollutants discharged, not just a numerical restriction.”). Through the Agency’s NPDES permit regulations, EPA interpreted the CWA to allow BMPs to take the place of numeric e ffluent limitations under certain circumstances. 40 CFR §122.44(k), entitled “Establishing limitations, standards, and other permit conditions (applicable to State NPDES programs ...),” provides that permits may include BMPs to control or abate the discharge of pollutants when: (1) “[a]uthorized under section 304(e) of the CWA for the control of toxic pollutants and hazardous substances from ancillary industrial activities”; (2) “[a]uthorized under section 402(p) of the CWA for the control

of stormwater di scharges”; (3) “[n]umeric effluent limitations are infeasible”; or (4) “[t]he practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA.” 40 CFR 122.44(k).

Various courts have held that the CWA does not require the EPA to set numeric limits

where such limits are infeasible. See , e.g., Natural Resources Defense Council v. Costle , 568 F.3d at 1380 (“when numerical effluent limitations are infeasible, EPA may issue permits with

conditi ons designed to reduce the level of effluent discharges to acceptable levels”); Citizens

Coal Council v. EPA , 447 F.3d 879, 895-96 (6th Cir. 2006). The Sixth Circuit cited to Waterkeeper Alliance, Inc. v. EPA , 399 F.3d 486, 502 (2d Cir. 2005), stating “site- specific BMPs are effluent limitations under the CWA” (agreeing with EPA that the CWA does not require numeric effluent limits “where such limits are infeasible” because “a baseline pollutant loading cannot be calculated.”).

4.2.3 EPA’s Decision to Include Non

- Numeric Technology

- Based Effluent Limits in This Permit and Rationale for Why the Limits Represent the Appropriate (BPT, BCT or BAT) Level of Control

Non

- numeric L imits

With some exceptions, numeric effluent limitations are not feasible to calculate fo r vessel discharges in this permit iteration. Those exceptions include graywater and pool and spaProposed 2013 Vessel General Permit (VGP) Fact Sheet

48 discharges from cruise ships; oily discharges, including oily mixtures; some bilgewater discharges; and ballast water discharges. EPA may develop numeric effl uent limits for certain additional discharge types for the next permit iteration, if applicable. Vessels vary widely by type and/or class, size, and activity and can discharge a wide variety of waste streams, whose volume and composition will vary dependent upon seas, cargo carried, and age of the vessel. Additionally, vessel operators cannot install equipment onboard their vessels until that equipment has been approved by the Coast Guard and, in some cases, their class societies. Hence, EPA cannot require use of equipment or technologies that would conflict with the requirements of these organizations without fully understanding the implications of such requirements.

These factors create a situation where, at this time, it is generally not feasible for EPA to calculate numeric effluent limitations to effectively regulate vessel discharges, with the exceptions noted above (graywater and pool and spa water discharges from cruise ships; some oil discharges, including oily mixtures for vessels; some bilgewater d ischarges; and ballast water discharges). EPA is able to calculate numeric effluent limits for these groups because extensive research has been conducted and effective pollution control technologies are widely or will be widely commercially available. Ther efore, in light of these considerations, EPA has determined that it is not feasible for the Agency to calculate numeric, technology

- based limits for many of the discharges covered under this permit, and, based on the authority of 40 CFR 122.44(k)(3),

has c hosen to adopt non- numeric effluent limits.

Rationale for F inding that the L imits in this P ermit Represent the BPT, BCT or BAT L evel

of Control

The BAT/BCT/BPT non

- numeric effluent limits in this permit are expressed as:

• Specific pollution prevention practices for minimizing or eliminating the pollutants or constituent of concern in the discharge.

• Specific behavioral practices for minimizing or eliminating the pollutants or constituent of concern in the discharge.

• Narrati ve requirements to minimize pollutants or constituents of concern in discharges or the discharges themselves. 9

• Limiting or eliminating discharges at certain times for discharge types that can be limited or eliminated for short periods due to technology available on board the vessel and the vessel design (i.e., if the vessel can hold the discharge type for limited periods or reduce production of the effluent).

In the context of this general permit, EPA has determined these non- numeric effluent limits represe nt the best practicable technology (BPT) for all pollutants, the best conventional pollutant control technology for conventional pollutants (BCT) and the best available technology economically achievable (BAT) for toxic and non-conventional pollutants. EPA has determined

9 These types of effluent limits allow owner/operators to us e control measures appropriate for their vessels to meet

those limits.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

49 that the combination of pollution prevention approaches and structural management practices described above are the most environmentally sound way to control the discharge of pollutants

from vessels.

Requirements are Technologically A vaila ble

EPA has found that the requirements of this permit represent the appropriate level of control representing BPT, BCT, and BAT. For example, many class societies require that vessels have coamings or drip pans underneath machinery as a way to keep oil fr om entering the bilge, being discharged to surrounding waters, or creating hazardous conditions on the vessel deck. The majority of vessels already have these available measures in place to eliminate the discharge of oil from their vessels, and many frequently clean oil from the drip pans if present. Hence, EPA believes this requirement represents BPT and this permit requires that all vessels follow this common sense approach if feasible. As an example of an effluent limit that meets BPT and BAT standards, EPA is requiring existing vessel operators to comply with additional ballast water management requirements such as mandatory saltwater flushing for vessels with empty ballast water tanks (see section 4.4.3.6 of this fact sheet for additional discussion) before they must meet the VGP’s numeric ballast water effluent limits. These requirements are available because of the Saint Lawrence Seaway Corporat ion’s mandatory requirements for vessels entering through the Seaway (33 CFR Part 401.30), and many U.S.- bound vessels with empty ballast tanks already perform saltwater flushing. Furthermore, because not all of these vessels will have reliable

treatment t echnology for removing residual living organisms installed on their vessels for the full permit term (because immediately requiring installation onboard all vessels is economically unachievable), saltwater flushing represents BAT since it is the best approach currently available

for these vessels under this standard.

EPA has found that it is technologically possible to prohibit discharges in certain waters, and therefore such a limit is technologically available. However, it is not possible to prohibit

the se discharge categories under all circumstances. EPA decided which discharge types to prohibit in certain waters based on the environmental impacts of discharges and technical information as to whether vessels have the capacity to hold certain discharge ty pes. These sources of information included technical experts and publications cited in this fact sheet including US EPA 1999, Alaska Department of Environmental Conservation (ADEC) and Science Advisory Panel 2002, Lamb 2004, and EPA 2008.

As an example, s ome vessels such as cruise ships have the ability to hold graywater for a period from hours to days. Likewise, many large vessels can retain treated bilgewater on board in the bilge for prolonged periods; however, it must periodically be discharged or empt ied. Yet another example is the discharge of AFFF for maintenance purposes. Vessel owner/operators may elect where they conduct the maintenance, thereby controlling where they will discharge. Since vessels are mobile and can move from water to water, EPA has determined that vessels have the technology to limit their discharges in select waters. Therefore, under the authority to consider “other factors the Administrator deems appropriate,” EPA has determined that the requirement to limit discharges to specif ic waters is technologically available. However, as mentioned, EPA finds that it is not technologically available to limit all discharge types in certain waters. For instance, in the case of deck runoff, vessel operators have little control as to when

wate r may runoff from the deck into surrounding waters without potentially creating majorProposed 2013 Vessel General Permit (VGP) Fact Sheet

50 safety concerns. Hence, EPA is not prohibiting the discharge of certain discharge types into waters of greater concern where methods to do so are not technologically available.

Requirements Meet the BPT and BAT Economic T ests S et Forth in the CWA

There are different economic considerations under BPT, BCT and BAT. EPA finds that the limits in this permit meet the BPT and BAT economic tests. Because the types of controls under consideration minimize toxic, nonconventional, and conventional pollutants, conventional pollutants are controlled by the same practices that control toxic and nonconventional pollutants. Hence, EPA is evaluating effluent limits using a BPT and a BAT standard, but since conventional pollutants will also be adequately controlled by these same effluent limits for which EPA applied the BPT and BAT tests, EPA has determined that it is not necessary to conduct

BCT economic tests.

Under BPT, EPA has determi ned that the requirements of this permit are economically practicable. To make this determination, EPA has considered the reasonableness of the relationship between the costs of application of technology and the effluent reduction benefit

derived. CWA sect ion 301(b)(1)(B); 40 CFR 125.3(d)(1). EPA expects the permit requirements to reduce the risk of invasive species spread, to minimize production of effluent in high quality waters, to reduce nutrient loading, and to minimize the risk of other constituent s entering vessel waste streams.

EPA has determined that the requirements of this permit are economically achievable. In determining “economic achievability” under BAT, EPA has considered whether the costs of the controls can reasonably be borne by the ind ustry. EPA typically evaluates “closures,” whereby the costs of requirements are evaluated to see whether they would cause a facility to go out of business. EPA has assessed the costs of the requirements in this permit and finds that this permit will result in no “closures” in that the costs of the permit are small compared to all operating costs. EPA has assessed the costs of the requirements and finds that except in rare cases, the cost of implementing this permit is estimated to be below 1% of the total operating costs of almost all entities for any given year. The total domestic flagged vessel universe that would be affected by this permit includes approximately 58,600 vessels. Additionally, EPA estimates that approximately 12,400 foreign flagged vessels will be covered by the VGP. Including the ballast water and other discharge requirements, the economic impact analysis indicates that the best management practices in this permit would cost between $ 6.5 million and $20.9 million annually, relative to the 2008 VGP and current practice. EPA applied a cost- to

- revenue test which calculates annualized pre

- tax compliance cost as a percentage of total revenues and used a threshold of 1 and 3 % to identify entities that would be significantly impacted as a result of this Permit. See EPA’s Economic Analysis (EPA, 2011) prepared for this permit for further discussion. Based on this analysis, EPA concludes that the BAT limits in this permit are unlikely to result in a substantial economic impact on businesses of any size, and, in particular, small businesses. Hence, EPA interprets this analysis to indicate that the BAT limits are economically achievable. The economic analysis is available on EPA’s webpage at

www.epa.go v/npdes/vessels and in the docket for this permit.

Additionally, the discharge location limitation is economically practical and achievable, since discharging in one location versus another will add no or little additional cost. The onlyProposed 2013 Vessel General Permit (VGP) Fact Sheet

51 potential costs a re an increase in fuel consumption from carrying additional volumes of effluent rather than discharging the effluent immediately when generated. EPA expects these incremental costs associated with this permit to be small relative to total operating costs. EPA’s information in the record does indicate, however, that it is possible and economically practicable and achievable to minimize graywater and some additional discharges in waters federally protected wholly or in part for conservation purposes. Therefore, under EPA’s authority to consider “other factors the Administrator deems appropriate,” it is reasonable to focus the limitations on certain discharge types that would have the most environmental significance. In addition, this restriction

is alternative ly and independently based on EPA’s authority under CWA section 403(c).

Requirements have Acceptable Non- water Q uality Environmental I mpacts

In addition, EPA has considered the non-water quality environmental impacts, including energy impacts, of the cont rols required under this permit and finds that they are acceptable. EPA anticipates that the requirements of this permit may result in marginal increase in fuel usage for vessels that must treat graywater to standards in Part 5 of the permit, or must limit the discharge location of certain waste streams and transport them into a different receiving water or hold them for discharge onshore. Additionally, owner/operators of vessels may generate more sludge or other waste that may need to be disposed of properly onshore. EPA expects that most permit requirements will result in few non

- water quality impacts because, in many cases, the permit is reflective of practices currently being implemented by owner/operators.

Data S ources and Request for Comment

EPA finds establishing technology- based controls that can be required of all commercial vessels over a certain size, in many different waters, under many different weather and operational situations, to be a very challenging task. EPA expressly solicits comment on whether the controls in this permit represent the BPT, BCT and BAT levels of control. After consideration of comments received in response to the Federal Register Notice entitled “Listening Session Seeking Suggestions for Improving the Next National Pollu tant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of Vessels”, information used in formulation of the proposed permit, and experience implementing the first VGP, EPA finds that today’s final permit c ontains technology- based controls that represent the BPT, BCT or BAT levels of control.

In developing these non-numeric effluent limits, EPA considered data from numerous peer reviewed publications, literature produced by the federal government, other technical reports and publications, public comments, and comments from experts working in the field (e.g., Albert et al., 2010, CSLC, 2010; Dobroski et al., 2009; Dobroski et al., 2011; Endresen et al., 2004; Environmental Law Institute, 2004; Gracki et al., 2002; Gray et al., 2007; Gregg & Hallegraeff, 2007; Lamb, 2004; Lee et al., 2010; Lloyds Register, 2010; Locke et al., 1993; McCollin et al., 2007; NAS, 2011; Orange County Coastkeeper, 2007; Quilez-Badia et al., 2008; Raikow et al., 2007; Schiff et al., 2004; Tamburri et al., 2002; US EPA, 1999, 2001a, b, 2008a, 2010a, 2011). The data sources from which EPA derived information for decision-making purposes are included in the docket for the final permit and/or referenced in this fact sheet. These data sour ces discuss vessel discharge types, BMPs available for these discharge types, and the effectiveness of given BMPs or behavioral practices.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

52 EPA considered these data and how to design a permit that was environmentally protective and included the best practi cable technology and best available technology economically achievable in formulating the permit. EPA expressly solicits comment on whether the controls in this permit represent the BPT, BCT and BAT levels of control. If commenters believe that the proposed controls do not, or that other controls would better represent the BPT, BCT or BAT levels of control, EPA requests that comments explicitly provide data and information about the applicability of such controls to all types of commercial vessels in all we ather/operating situations, and the costs and non- water quality environmental impacts, including energy impacts, of such options.

4.3 T ECHNO LOGY -B ASED E FFLUENT L IMITS AND R ELATED R EQUIREMENTS IN THE P ERMIT

4.3.1 General Effluent Limits (Part 2.1)

The general effluent limits are designed to apply to all covered vessels for all covered discharge types present on a particular vessel. These effluent limits are generally preventative in nature and are designed to minimize the discharge of pollutants from a vessel. Owner/o perators are ultimately responsible for ensuring that all required effluent limits are implemented.

As discussed above, these technology- based effluent limits apply to all covered vessels and were developed using BPJ. These general technology- based effluen t limits were established based on available and relevant information, including available technical data, existing statutes and regulations, statistical industry information, and research studies cited in the references section of this permit.

4.3.1.1 Material Storage (Part 2.1.1)

Any materials, whether cargo or for use onboard the vessel, that may be exposed to precipitation, surface water spray, or wind can potentially be discharged on their own or become part of other waste streams. Materials that may not be considered toxic in small concentrations could pose an environmental threat if significant amounts are washed overboard, particularly in shallow or impaired waters.

Therefore, the permit requires that all vessel operators practice good environmental

stewar dship by minimizing any exposure of cargo or onboard materials that may result in releases of contaminants to the environment. This can be accomplished by containerizing or tarping materials, and generally limiting any exposure of these materials to wind, rain, or spray. In addition, if water draining from the storage area comes into contact with any oily materials, the permit requires measures to prevent the oil from being discharged in harmful quant ities (pursuant to Parts 2.1.1 and 2.1.4 of the Permit ).

EPA believes that while specific numeric limitations on toxic substances are not feasible for this potential source of pollutants, sound marine practices should be sufficient to reduce most accidental or incidental discharges of cargo or stored materials. EPA also believes that emphasis on training and educating vessel crew on the use and environmental benefits of these practices should be standard practice.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

53 4.3.1.2 Toxic and Hazardous Materials (Part 2.1.2)

The presence or use of toxic and hazardous materials may be necessary for the operation of vessels. As part of the permit’s requirements, these materials must be properly contained to avoid contamination of the discharges covered by this permit. EPA has recommended human health and marine aquatic life criteria for a few toxic pollutants, but requiring numeric effluent limitations and corresponding sampling and analysis of discharges for all potentially harmful contaminants is not a reasonable option for this permit since discharges would be accidental in

nature and the preventive requirements are just as effective as numeric limits at controlling such discharges. These provisions should effectively prevent the discharge of these toxic and hazardous materials from storage, spills, and containment. EPA believes that preventing the release of these substances to the environment is the appropriate environmental protection strategy. Vessel owner/operators are required to ensure that toxic and hazardous substances are treated in a manner that prevents releases due to precipitation or surface water spray. Just as EPA requires of land-based industries, vessels must store, label, and secure toxic and hazardous materials in suitable, sealed containers.

4.3.1.3 Fuel Spills/Overflows (Part 2.1.3)

Even small amounts of spilled fuel can contaminate large areas of water, making it uninhabitable for plants and animals. Most small spills can be prevented by taking basic precautions when filling fuel tanks. The permit requires vessel operators to implement these precautions that will prevent or, in the case of a spill, contain any fuel that is released to surface waters (e.g. use of booms). The discharge of any fuel spill or overflow may result in a discharge that may be harmful as defined by 40 CFR Part 110, which includes those discharges t hat cause a visible sheen. In addition, any larger scale fuel spill or overflow is not incidental to the normal operation of a vessel and therefore, not authorized by this permit. Through proper fueling operations and training on spill treatment, vessel op erators may reduce impacts caused by human error or improper equipment use. EPA recognizes that fueling operations for large vessels are very different from fueling operations on small boats, and often large vessels will carry onboard several smaller vessels used as lifeboats, tenders, or rescue boats. Therefore, there are additional requirements for fueling of auxiliary vessels such as lifeboats, tenders, or rescue boats that are deployed from “host” vessels subject to the permit. These requirements inclu de examining the surrounding area for the presence of a visible sheen during fueling, taking immediate and appropriate corrective actions if a sheen is observed as a result of the permittee’s fueling operations, and using an oil absorbent material or other appropriate device while fueling to catch drips from vent overflow and fuel intake. These simple steps can prevent fuel spills and overflows that would lead to a discharge and minimize the impact of any fuel spills or overflows that do occur. These requirements have been adapted from EPA’s previously proposed

Recreational Vessel General Permit.

4.3.1.4 Discharges of Oil, Including Oily Mixtures (Part 2.1.4)

Discharges of oil, including oily mixtures, can significantly impact aquatic and terrestrial organisms and their ecosystems. When oil, including oily mixtures, is discharged in small quantities, aquatic ecosystems have limited ability to assimilate, oxidize, degrade, and destroy many of the hydrocarbons present in oil. However, when discharged in significant qu antitiesProposed 2013 Vessel General Permit (VGP) Fact Sheet

54 from a single vessel, or in moderate quantities from numerous vessels, oil releases have been documented to create severe environmental impacts.

The permit requires that any oil, including oily mixtures, other than those exempted in 40 CFR 110.5, may not be discharged in quantities that may be harmful. These requirements are consistent with section 311 of the CWA and reinforce the requirement that discharges from the internal portions of vessels may not result in discharges of oil in quantities likely to impact aquatic ecosystems. The visible sheen test was chosen as an approach to determine whether oil is being discharged in quantities that may be harmful, because the visible sheet test is easy to use and is consistent with existing CWA requirement s.

4.3.1.5 Compliance with Other Statutes and Regulations Applicable to Vessel Discharges (Part 2.1.5)

These effluent limits contain the requirement to comply with other applicable statutes and regulations dealing with vessel discharges. Reliance on other statutes and regulations to develop the permit requirements is a reasonable exercise of BPJ because these statutes and regulations have gone through an extensive process of evaluation and analysis by federal agencies that have considerable expertise in vessel mana gement. Furthermore, many of the BMPs considered by EPA were covered by these other authorities. These statutes and regulations are currently being implemented and therefore are technologically and economically practicable (BPT) and achievable (BAT) in light of best marine practice. Rather than reiterate the provisions of these statutes and regulations in their entirety for the permit’s general effluent limits, EPA has determined, based on BPJ, that incorporation of these statutes and regulations by referen ce is

reasonable.

Some of the statutes and regulations that were examined to inform the Agency’s BPJ decision and which are incorporated by reference into the provisions of the permit follow. These summaries are not meant to be legally comprehensive reiterations; rather, they are short summaries designed to inform owner/operators of the existence of these authorities. The actual statutes and regulations implementing these authorities are the legally binding conditions for the permit.

MARPOL, APPS, and Implementing Regulations

The International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) is an international treaty that regulates certain discharges from vessels. Annexes to MARPOL regulate different types of vessel pollution; the U nited States is a Party to Annexes I, II, III, V, and VI. MARPOL is primarily implemented in the U.S. by the Act to Prevent Pollution from Ships (APPS), 33 U.S.C.1901 et seq. The U.S. Coast Guard is the lead agency for APPS implementation and has issued implementing regulations primarily found at 33 CFR Part 151. Those requirements already apply to many of the vessels covered by the permit.

APPS regulates the discharge of oil and oily mixtures, noxious liquid substances, and garbage, including food wastes and plastic.

With respect to oil and oily mixtures, Coast Guard regulations at 33 CFR 151.10 prohibit “any discharge of oil or oily mixtures into the sea from a ship” except when certain conditionsProposed 2013 Vessel General Permit (VGP) Fact Sheet

55 are met, including a discharge oil content of less than 15 parts per million (ppm) and that the ship has in operation oily-water separating equipment, an oil content monitor, a bilge alarm, or a combination thereof. These requirements have been in place for a significant length of time, and the equipment necessary to meet these standards is widely available and already in use on ships subject to these regulations.

Substances regulated as “noxious liquid substances” (NLS) under APPS are divided into 4 categories based on their potential to harm marine resources an d human health. See 33 CFR 151.47 and 151.49; 46 CFR Part 153, Table 1 . Under 46 CFR 153.1128, discharges of NLS residues at sea may only take place a t least 12 nautical miles from the nearest land. In light of this, the permit does not authorize such discharges within waters subject to the permit (i.e., inland waters and the waters of the 3 mile territorial sea).

Annex III to MARPOL addresses harmful substances in packaged form and is implemented in the U.S. by the Hazardous Materials Transportation Authorization Act of 1994, as amended ( 49 U.S.C. 5901 et seq.) and regulations appearing at 46 CFR Part 148 and 49 CFR Part 176. That regulatory scheme establishes labeling, packaging, and stowage requirements for such materials so as to help avoid their accidental loss or spillage during transport. 40 CFR 122.44(p) provides that when an NPDES permit is issued to a vessel operating as a means of transportation, the permit is to require compliance with any applicable Coast Guard regulations that establish specifications for safe transportation, handling, carriage, and storage of pollutants. The permit incorporates this requirement in Parts 1.13 and 2.1.5.

O il Pollution Act (33 U.S.C. 2701 et seq.)

Additional requirements also affect vessel discharges, in particular, the Oil Pollution Act of 1990 and the associated U.S. Coast Guard implementing regulations at 33 CFR Parts 155 and 157. These regulations establish and reinforce the APPS 15 ppm discharge standard for oil and oily mixtures for oceangoing ships and require most vessels to have an oily water separator. Oceangoing vessels less than 400 gross tons must either have an approved oily water separator or retain oily water mixtures on board for disposal to an approved reception facility onshore. Oceangoing vessels more than 400 gross tons except vessels that carry ballast water in their fuel oil tanks, must be fitted with “approved 15 parts per million (ppm) oily- water separating equipment for the processing of oily mixtures from bilges or fuel oil tank ballast.” 33 CFR 155.360. The maximum oily discharge standard is included as a binding requirement in this permit because it is the most appropriate standard for oil and oily discharges and maintains

current national and international standards. 33 CFR Part 155 was also referenced for oil containment and cleanup equipment and procedures. This section provides information on both equipment and procedures that are required for preventing and reacting to oil spills and discharges.

Clean Water Act Section 311 (33 U.S.C. 1321)

Clean Water Act Section 311, Oil and Hazardous Substances Liability Act, states that it is the United States’ policy that there should be no discharges of oil or hazardous substances into waters of the U.S., adjoining shorelines, and certain specified areas, except where permitted under Federal regulations (e.g., the NPDES program). As such, the Act prohibits the discharge ofProposed 2013 Vessel General Permit (VGP) Fact Sheet

56 oil or hazardous substances into these areas in such quantities as may be harmful. Further, the Act states that the President shall, by regulation, determine those quantities of oil and any hazardous substances that may be harmful if discharged.

EPA has defined oil quantit ies that “may be harmful” as those that violate applicable water quality standards or “cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoin shorelines.” 40 CFR 110.3. Sheen is clarified to mean an iridescent appearance on the surface of the water. 40 CFR 110.1.

In the permit, oil, including oily mixtures, may not be discharged in quantities that may be harmful. This goal h as proven to be achievable using available treatment technologies such as

oil- water separators or oil absorbent materials. For other discharges that can potentially be contaminated by oils but may not easily be collected and treated, the Agency requires th e operator to observe the surface of the receiving water to determine whether a sheen is visible. This would indicate that oils are present at concentrations that may be harmful and discharge

must cease.

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 et seq. ).

FIFRA regulates the distribution, sale, and use of pesticides. One of the primary components of FIFRA requires the registration and labeling of all pesticides sold or distributed in the U.S. ensuring that if pesticides are used in accordance with the specifications on the label, they will not cause unreasonable adverse effects on humans or the environment. It is a requirement of the permit that any registered pesticide must be used in accordance with its

FIFRA label. Thi s is included as a binding permit requirement because FIFRA label requirements are established after research, approved by the EPA Office of Prevention, Pesticides and Toxic Substances, and ensure that the pesticide, when used according to the label,

can b e used so that it will not cause unreasonable adverse effects on humans or the environment.

National Marine Sanctuaries Act (16 U.S.C. section 1431 et seq. and implementing regulations found at 15 CFR Part 922 and 50 CFR Part 404 (NMSA))

NMSA authorizes the designation and management of National Marine Sanctuaries to protect marine resources with conservation, education, historical, scientific, and other special qualities. Additional restrictions and requirements may be imposed on vessel owner/operators

wh o boat in and around National Marine Sanctuaries. For more information, please see the NOAA National Marine Sanctuaries Program website at http://sanctuaries.noaa.gov/welcome.html.

4.3.1.6 General Training

The 2008 VGP outlined training requirements for owner/ope rators of specific vessel types, as identified in Part 5 of that permit. In order to clarify that broad instruction should be conducted to ensure that crews are adequately trained to implement all the terms of the VGP and operate all pollution prevention equipment on board, EPA has added general training as a new requirement of the 2013 VGP, pursuant to CWA section 402(a)(2), and 40 CFR 122.43(a) and other implementing regulations. For some vessels with existing Integrated Safety ManagementProposed 2013 Vessel General Permit (VGP) Fact Sheet

57 (ISM) plans, t his may mean simply assuring those plans are consistent with the terms of the VGP, and that crews are aware of any other VGP requirements and how they must meet them. Others may require that the vessel chief engineer or Master read the permit and inform crew of their responsibilities. The general training requirement stipulates that all key personnel understand how to use key pollution prevention equipment; for example, if applicable, a master, chief engineer, and/or any key staff must understand how to properly operate and maintain an onboard ballast water treatment system as applicable. For vessels with less developed management systems, training may be more extensive, and could require environmental managers or others instructing crews on how to implem ent the permit and assure that terms of the permit are met. This permit does not require that vessel owner/operators provide any formal training, such as one of the many privately developed VGP training courses. However, for some vessel owner/operators, use of such courses might be an efficient and cost effective manner to provide training which will assist in ensuring that the terms of the permit are adequately implemented onboard their vessels.

Vessel owner/operators must outline their training plans in their recordkeeping documentation to show they have made good faith efforts to assure their crews can adequately maintain and use pollution prevention equipment and otherwise meet the terms of this permit. Because this a new permit condition, EPA specifi cally requests comment on its inclusion in the

2013 VGP.

4.4 E FFLUENT L IMITS AND R ELATED R EQUIREMENTS FOR S PECIFIC D ISCHARGE
C ATEGORIES (P ART 2.2)

4.4.1 Deck Washdown and Runoff I ncluding Above Water Line Hull Cleaning (Part 2.2.1)

Constituents of deck runoff and ab ove water line hull cleaning may include oil, grease, cleaner or detergent residue, paint chips, paint droplets, and general debris (e.g., paper, wire). Discharge rates for deck runoff vary from vessel to vessel and depend on weather, deck machinery, deck operations, and frequency of deck washdowns. It is infeasible to set specific numeric effluent limits for discharges of deck runoff due to variation in vessel size and associated deck surface area, types of equipment operated on the deck, and limitations o n space for treatment equipment. Instead, the permit requires that vessel operators minimize discharges from deck runoff and implement BMPs to reduce their potential impact.

BMPs for controlling deck runoff and above water line hull cleaning are associated with (a) containing potential contaminants to keep them from entering the waste stream, (b) properly maintaining the deck and bulkhead areas to prevent excess corrosion, leaks, and metal discharges, and (c) using environmentally safe products for cleanin g deck areas. Because it would be extremely difficult if not impossible to safely hold or treat all deck runoff for all vessel designs at all times, EPA is not requiring deck runoff to be collected and treated before discharge from all vessels. Requiring vessel owner/operators to collect deck runoff could either require major vessel modification of the ship’s structure and machinery or could compromise the safety and stability of the vessel. Many vessels are designed to quickly discharge deck runoff as an

o perational necessity.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

58 EPA is requiring that deck runoff be collected during certain times such as during or after fueling operations, when spills occur, or when required by a vessel’s class society. 10 EPA is also requiring that vessel operators minimize c ontamination of deck runoff discharges by debris, garbage, and chemical spills (e.g., grease, fuel, hydraulic fluid, caustics, detergents). EPA is also requiring that the vessel owner/operator maintain the topside surface of the deck in a manner

consistent with good marine practice that prevents excess discharge of metals and oils from eroding metals and deteriorating pipes, coamings, and other topside infrastructure. When machinery is located on deck, the use of drip pans when feasible will collect spilled oil and allow the vessel owner/operator to prevent its discharge. When required by their class societies (e.g., tank barges), vessels must be fitted with and use perimeter spill rails and scuppers to collect the runoff for treatment. In addition, if washing down the deck will result in a discharge, the washdown must be conducted with non-toxic, phosphate-free, and biodegradable cleaners and detergents, as those terms are defined in Part 7 of the permit. The purpose of this requirement is

to minimize the di scharge of caustic and potentially toxic detergents and solvents into waters subject to this permit. Phosphorus is one of the drivers of eutrophication or hypereutrophication, which is one of the major causes of impairment to waters of the United States. T oxic materials interfere with aquatic organisms and can contribute to chronic or acute effects, including death. Additionally, EPA is requiring that permittees must minimize residual paint droplets from entering waters subject to this permit whenever they are conducting maintenance painting. EPA is also requiring that discharges of deck runoff are consistent with all other relevant laws. EPA believes that adhering to these requirements will reduce the discharge of these potentially environmentally harmful substances. Finally, EPA has clarified in the 2013 VGP that before deck washdowns may occur, vessel owner/operators must broom clean exposed decks or use comparable management measures to remove all existing debris. Though fundamentally similar to the requirements in the 2008 VGP, these requirements clarify that vessel owner/operators are expected to use obvious management measures to prevent the introduction of garbage or other debris into any waste stream.

4.4.2 Bilgewater (Part 2.2.2)

Bilgewater is an accumul ation of water from various sources across the entire vessel. Constituents include oil, grease, volatile and semi-volatile organic compounds, inorganic salts, and metals. Volumes vary with the size of the vessel, and discharges typically occur several

time s per week. Cruise ship volumes have been estimated at 25,000 gallons per week for a 3,000 passenger/crew vessel (EPA, 2008a).

Conditions in the 2008 VGP applicable to oily bilge water discharges from vessels are based on Annex I of the International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78). Under Annex I to MARPOL, all ships over 400 gross tons (GT) are required to have equipment installed onboard that limits the discharge of oil into the oceans to 15 ppm when a ship is en route. All vessels over 400 GT are also required to have an oil content monitor (OCM), including a bilge alarm, integrated into the piping system to detect whether the treated bilge water that is being discharged from t he bilge separator meets the discharge requirements. Some countries have bilge discharge requirements that are stricter than the international 15 ppm standard. For example, the Canadian Regulations

10 A vessel’s class society establishes technical standards related to the design, construction, and survey of a vessel.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

59 for the Prevention of Pollution from Ships and for Dangerous Chemicals requires 5 ppm bilge

alarms for Canadian

- flagged vessels which discharge treated bilgewater on the Great Lakes.

Bilge separators, oil content meters and bilge alarms are certified by the Coast Guard to meet 46 CFR 162 (MARPOL Annex I implementing regulations). Type approval is based on testing of manufacturer -supplied oil pollution control equipment by an independent laboratory, in accordance with test conditions prescribed by the Coast Guard (33 CFR 155 and 157 and 46 CFR 162). In order to be consistent with International Maritime Organization (IMO) resolution MEPC.108(49), the measurement of oil (petroleum products or hydrocarbon, HC) in bilge separator effluent can be analyzed using ISO method 9377-2:2000 11 or equivalent. Alternatively, vessel owner/operators may use EPA method 1664.

Additional treatment stages (unit operations) are often added to bilge separators to better clean (“polish”) bilge water to comply with current and potential future discharge standards (Sun et al., 2009; Caplan et al., 2000). In addition to providing greater overall reduction in bilge oil concentrations, the addition of treatment stages makes bilge separators more reliable by providing some redundancy to withstand problems or failure of individual stages. Including one or more polishing steps is an added cost to the operation of a ship; however, onboard bilge separation is typically more economical than holding all oily bilge water for transfer and subsequent treatment on shore (Ghidossi et al., 2009).

Bilgewater treatment technologies are also capable of removing other pollutants from bilge water. For example, Tomaszewska et al. (2005) found that ultrafiltration was effective in removing turbidity and suspended solids, organic carbon, and sever al trace metals (Al, Fe and Zn) from bilge water, in addition to oil.

As discussed more fully below, the 2013 VGP proposes to maintain most of the best management practices and numeric limits contained in the 2008 VGP. Additionally, EPA is requesting comme nt on whether to require a 5 ppm oil concentration limit for new build vessels greater than 400 gross tons which elect to discharge bilgewater into waters subject to this permit.

4.4.2.1 Today’s Proposed Bilgewater Requirements

Vessel operators are required to mi nimize bilgewater generation by practicing proper maintenance of vessels and equipment. Routine cleaning and maintenance activities associated with vessel equipment and structures are considered to be normal operation of a vessel. However, EPA notes that the addition of substances not associated with the normal operation of a vessel to the bilgewater is not allowed.

EPA believes this reduction in the volume of waste will reduce the need for vessels to discharge treated bilgewater to waters of the U.S. EPA also recognizes that onshore disposal is not always a feasible alternative for larger vessels. As part of the permit, bilgewater discharges must adhere to all requirements under 40 CFR Parts 110, 116, and 117 and 33 CFR Part 151.10.

These limitations are a chievable with use of oily- water separators or use of a segregated bilge

11 This analytical method is “Water quality

-- Determination of hydrocarbon oil index

-- Part 2: Method using solvent extraction and gas chromatography ”.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

60 system. Large vessels generally must have onboard oily- water separation capabilities or hold their bilge for onshore disposal. Smaller vessels must also demonstrate that the discharge of bilgewater is sufficiently clean by conducting a visual sheen observation prior to and at the time of discharge. EPA has utilized the visual sheen test as a reliable indicator as to whether oil, including oily mixtures, is not being discharged in quant ities that may be harmful.

If the vessel operator does not treat bilgewater with an oily

- water separator, or it cannot be assured that the bilgewater will not cause a sheen on the surface of the receiving water, the bilgewater must be held onboard for onshore disposal. Vessel operators may not use dispersants, detergents, emulsifiers, chemicals, or any other substances to remove the appearance of a visible sheen. This requirement does not prohibit the use of these materials in machinery spaces for the purposes of maintaining or cleaning equipment.

The permit has additional BMPs for bilgewater that focus on where vessels may or may not discharge bilgewater. For instance, vessels that regularly leave waters subject to the permit (at least once per month), an d are more than 400 gross tons, may not discharge treated or untreated bilgewater while stationary and pierside unless requested to do so by EPA or its authorized representative. In addition, vessels that regularly leave waters subject to the permit

may n ot discharge treated bilgewater within 1 nm of shore if it is technologically feasible to hold unless requested to do so by EPA or its authorized representative. In this context, technological feasibility includes consideration of operational constraints. It is EPA's understanding that many existing large vessels do not generate significant quantities of bilgewater and should have sufficient holding capacity.

In those cases where a vessel does not have the capacity to hold bilgewater generated in waters subject to this permit or where bilgewater is causing a general safety or stability concern or could enter a hold and contaminate cargo, or otherwise interfere with essential operations of the vessel, EPA would not consider holding the bilgewater to be technologically feasible. In these cases, even though the discharge is permitted (but must be recorded and reported), EPA believes that the permit will still limit the cumulative discharges of all vessels in an area collectively. The cumulative impact of numerous vessels releasing bilgewater in nearshore, estuarine environments or in waters with limited circulation can be of concern. Hence, this provision is includ ed to limit the discharge of pollutants in areas where vessels are more likely to be concentrated, where the cumulative impact of discharges is likely to be higher, and in ecosystems that are already stressed and unlikely to have additional assimilative capacity. Vessels can then discharge the bilgewater, provided it meets all applicable laws, in waters that are likely to have greater assimilative capacity or where vessel traffic is not as concentrated, or the vessel can hold the bilgewater for proper onshore disposal. Other provisions limiting the location or manner in which bilgewater is discharged are based on a similar rationale.

4.4.2.2 Request for Comment on Whether to Include More Stringent Bilgewater Management Requirements for New Build Vessels and Whether to Provide Existing Vessels with Additional Bilgewater Management Options

EPA is specifically seeking comment on whether to include a more stringent bilgewater management regime for new vessels and whether to provide existing vessels with additional bilge water management options in the final 2013 VGP. EPA has researched the state ofProposed 2013 Vessel General Permit (VGP) Fact Sheet

61 bilgewater treatment systems and believes that a targeted reduction in the bilgewater effluent limit to 5 ppm oil and grease in U.S. waters may be appropriate, as technology m eeting such a limit is available for all vessels and economically achievable for at least new build vessels. However, EPA is not including this option in today’s draft permit due to concerns that have been raised regarding implementation that call into que stion whether these systems are, in practice, “available. In the discussion below, EPA details the option under consideration, explains the information it has regarding whether the approach reflects BAT, and specifically requests comment on a variety of a ssociated issues.

4.4.2.2.1 Potential Supplemental VGP Bilgewater Permit L anguage

EPA seeks comment on the specifics of the following potential permit language which could be inserted into Part 2.2.2 of the final VGP. That language would read as follows (additions from today’s proposed VGP language are italicized):

• Existing vessels (those constructed on or before December 18, 2013) greater than 400 gross tons that regularly sail outside the territorial sea (at least once per month) shall not discharge treated bilge water within 1 nm of shore if technologically feasible (e.g., holding would not impact safety and stability, would not contaminate other holds or cargo, or would not interfere with essential operations of the vessel), unless the vessel meets the requiremen ts found in Part 2.2.2.1 of this permit. Any discharge which is not technologically feasible to avoid must be documented as part of the requirements in Part

4.2.

• New vessels greater than 400 gross tons that are constructed on or after December 19,

2013 m ay only discharge bilgewater in waters subject to this permit if they meet the conditions found in Part 2.2.2.1 of the permit.

• For vessels greater than 400 gross tons that regularly sail outside the territorial sea (at least once per month), if treated bil gewater is discharged into waters subject to this permit, it must be discharged when the vessel is underway (sailing at speeds greater than 6 knots), unless doing so would threaten the safety and stability of the ship or the discharge meets the requirement s of Part 2.2.2.1 of the permit

.

2.2.2.1 Bilgewater Effluent Standards for Certain Vessels

This part applies to vessels that are bound for or departing from a U.S. port or place as follows:

• Existing vessels greater than 400 gross tons that regularly sail outside the territorial sea (at least once per month) which elect to discharge treated bilgewater within 1 nm of shore even though it is technologically feasible to hold; and

• New vessels greater than 400 gross tons constructed on or after December 19, 2013 which discharge treated bilgewater into any waters subject to this permit.

Vessels subject to this Part may discharge treated bilgewater only if their discharge meets the following conditions:Proposed 2013 Vessel General Permit (VGP) Fact Sheet

62 • The oil content of that discharge must be at or below 5 ppm.

• The vessel must be equipped with an oily-water bilge alarm that is capable of detecting to 5 ppm. This alarm must prevent the discharge of any bilgewater with an oil content of greater than 5 ppm.

4.4.2.2.2 Justification for Potential Supplemental VGP B ilgewater P ermit L anguage

The draft VGP permit language on which EPA seeks comment above would allow existing ocean going vessels to elect to discharge bilgewater instead of holding it (even if it is technologically feasible to do so), if they had the treatment capab ility to meet the more stringent standards in Part 2.2.2.1 of the permit. Though treatment technologies to meet the standards in Part 2.2.2.1 are available, EPA believes that requiring existing vessels greater than 400 gross tons to install these systems p rior to coverage under this permit is not economically achievable (EPA, 2011). This is because, although EPA believes that the incremental cost increase of purchasing a new bilgewater separator that can achieve 5 ppm versus 15 ppm is not substantial;

manda ting replacement of functional systems adds significantly more cost as the full cost of the retrofit plus the cost of the new system must be considered. This extra flexibility for existing vessels would allow owner/operators to comply with the requirement s of the permit, while offering an aggressive treatment alternative (i.e., discharging oil and grease at no greater than 5ppm) to holding bilgewater for discharge beyond 1 nm from shore. ( EPA is seeking comment as to whether these requirements, taken as a whole, are technologically available and economically practicable and achievable for permittees. 12

, 13 As discussed above, EPA is specifically requesting comment on these determinations.

EPA notes that technologies for oil separators that meet the 5 ppm standard, including adsorption and absorption, coagulation, and ultrafiltration have been documented to remove other pollutants, including metals, turbidity, and organic pollutants (Ather, 1995; Cheryan and Rajagopalan, 1998; Tomaszewska et al., 2005). EPA specifically requests comment on additional data which demonstrates the extent to which these technologies remove these pollutants.

12 EPA has gathered numerous sources of information regarding the efficacy and costs of bilgewater treatment systems. The sources, including peer reviewed literature and data summaries of treated bilgewater effluent taken from both type approval tests and from vessels discharging treated effluent, show that several bilgewater systems are capable of treating bilgewater effluent to a 5 ppm standard. These sources, many of which have been published since proposal and finalization of the first VGP in 2008, are contained in the docket for this permit (Gryta et al.

2001 , ERG 2004, AFCAN 2006, Lawson 2010, Penny & Suominen

- Yeh 2006, Nielsen 2010, Ghidossi et al. 2009,

Matts son 2010, Wright 2010, Chan 2010, Medich 2010)

.

13 EPA also reviewed bilgewater sampling data for armed forces vessels collected from EPA’s Uniform National Discharge Standards program (UNDS) (Navy & EPA 2003a, Navy & EPA 2003b). Specifically, EPA consider ed bilgewater effluent data from treatment systems consisting of primary treatment (i.e., gravity coalescence, hydrocyclone, and centrifuge) followed by secondary treatment (i.e., media filter and ultrafiltration). Sampling results were expressed as silica gel treated n

- hexane extractable material (SGT

- HEM) analyzed using EPA Method 1664. For OWS/media filter, EPA reviewed results for 12 treated bilgewater samples collected from one Navy ship; out of these 12 samples, 7 exceeded the 5 ppm level with an average effluent concentration of 13.4 ppm (calculation

used the detection limit for non

- detected results). For OWS/ultrafiltration, EPA reviewed results for 23 treated bilgewater samples collected from two Navy ships; out of these 23 samples, 4 exceeded the 5 ppm level with an average effluent concentration of 5.5 ppm (calculation used the detection limit for non

- detected results).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

63 The VGP permit language on which EPA is seeking comment above would allow new build vessels (constructed on or after December 19, 2013) greater than 400 gross tons to discharge bilgewater into waters subject to this permit only if that discharge contains less than 5 ppm oil and grease. It would not, however, authorize them to discharge treated or untreated bilgewater while the vessel is stationary and pierside. In considering whether a 5 ppm oil and grease limit for bilgewater represented a BPT/BAT level of control, EPA researched whether bilge separators w ere available which met these low effluent oil concentrations, including gathering information about bilge separator treatment systems and certification test data from a number of vendors. Certification test data for certain systems demonstrate that different bilge separators can achieve 15 ppm or 5 ppm effluent oil concentrations under controlled conditions. This information illustrates that bilge separator treatment systems, based on different treatment technologies and combinations of unit operations, ca n achieve and exceed compliance with the Coast Guard certification standards. A number of these systems achieved effluent hydrocarbon concentrations below 5 ppm, and several achieved comparable effectiveness during monitoring

aboard vessels in service.

Fu rthermore, some countries have bilgewater discharge requirements that are stricter than the international 15 ppm standard. The Canadian Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals requires 5 ppm bilge alarms on inland waters 14 (Great Lakes), and the Canadian Arctic Waters Pollution Prevention Act requires zero discharge in Arctic waters (all Canadian waters north of 60°). Additionally, Canada type approves bilge alarms to 5 ppm ( see Transport Canada, 2008 for standards; Transport Canada, 2011 for a searchable list of type approved equipment). As of February 2011, Lloyd’s Register Clean Shipping Index Verification provides certification of bilge water treatment systems meeting a 5 ppm discharge standard. This is a verification service to ship owners and operators wishing to demonstrate their success in reducing the environmental impact of their activities beyond the requirements of classification or statutory rules and regulations. Additionally, Det Norske Veritas (DNV) of Norway requires bilge separators to be equipped with a 5 ppm bilge alarm to fulfill the DNV Guidance for Clean Design (DNV, 2005). The DNV guidance consists of a set of rules which list requirements for vessel design and equipment. These rules are design ed to reduce the environmental impact from emissions to air, discharges to sea, and deliveries to shore from ships. The requirements are in compliance with or more extensive than those found in international standards currently in force. The DNV rules aim at attaining a ship with controlled environmental standards of design and performance. Compliance with the rules shall be verified through inspection, measurements and sampling of defined environmental parameters in accordance with the requirements of the rules and in compliance with identified standards and

14 Part 2, Subdivision 4 ( Oil and Oily Mixture Discharges ) of the Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals states the following under Authorized Discharge

— Section I Waters: The discharge of an oily mixture from machinery spaces is authorized from any ship in Section I waters if

... (c ) the discharge is processed through oil filtering equip ment that (i) produces an undiluted effluent that has an oil content of no more than 15 ppm, and (ii) triggers an alarm and a discharge

- stopping device as soon as the oil content in the effluent exceeds (A) 5 ppm, where discharged in inland waters of Canada, or (B) 15 ppm, where discharged in fishing zone 1, 2 or 3 or in those internal waters of Canada that do not include inland waters of Canada; (end of citation)Proposed 2013 Vessel General Permit (VGP) Fact Sheet

64 guidelines. The class notation Clean Design identifies additional requirements for controlling and limiting operational emissions and discharges. In addition, this notation specifies design requirements for protection against accidents and for limiting their consequences.

Of the thirteen systems EPA reviewed as part of its evaluation for this permit, eleven achieved effluent hydrocarbon index concentrations below 5 ppm when treating MEPC 107(49)

test fl uid C emulsion during certification tests. One of the systems which did not achieve these standards lacked a polishing step as tested: that polishing step is available from the vendor. Of the systems that reduced oil concentrations to below 5 ppm in certi fication tests, two achieved comparable effectiveness during monitoring aboard vessels in service. One other produced somewhat higher concentrations (5.2-7.6 ppm) aboard vessels in service as measured by an oil content monitor. Although the data from vesse ls in service is limited, it suggests that certification tests conducted with the MEPC 107(49) test fluid C emulsion may be representative of real world performance, at least for two of the three treatment systems tested. This summary illustrates that bilg e separator treatment systems, based on different treatment technologies and combinations of unit operations, can achieve and exceed compliance with existing Coast Guard certification standards. Furthermore, according to system manufacturers, these systems are models currently marketed and sold to vessel owner/operators of vessels to meet their existing MARPOL 73/78 requirements. See Table 2 below for a presentation of bilgewater separator summary data.

Table 2 : Summary of Type Approval and Shipboard Monitoring Data for Bilgewater Separators

Bilge Separator Treatment System Effluent oil

concentration

(ppm) from MEPC 107(49)

testing using

fluid C emulsion Effluent oil & hydrocarbon index (ppm)

from vessels in

service Effluent oil

concentration (OCM ppm)

from vessels in

service

System A (OWS/PS absorber) 0.26 (0.14-0.48)

System B (OWS/Biological Reactor/Clarifier) 1.6 (1.3-1.8) 5.2 (<1

- 14) 6.0 (<1-14) 7.6 (<1

- 20) System C (DAF/coag.

- flocc./DAF skimming/GAC) <1 < DL (1.0 and 0.1)

System D (OWS/prefilter/UF) 1.75 (1.5-2.5) <1

System E (Strainer/preheat/centrifuge) 9.5 (8.4-11.0) a

System F (OWS/filter coalesce/AGM adsorber) <1Proposed 2013 Vessel General Permit (VGP) Fact Sheet

65 Table 2 : Summary of Type Approval and Shipboard Monitoring Data for Bilgewater Separators

Bilge Separator Treatment System Effluent oil

concentration

(ppm) from MEPC 107(49)

testing using

fluid C emulsion Effluent oil & hydrocarbon index (ppm)

from vessels in

service Effluent oil

concentration (OCM ppm)

from vessels in

service

System G (Descaler OWS/ coagulation

flocculation - flotation/granular media filter/ GAC) <1 0.7 – 2.2 (monthly average values)

System H (Filter/preheat/OWS) 6.7 (5–10)

System I (unknown) 0.22 (0.1-0.42)

System J (unknown) 4.1 (3.4–4.7)

System K (Oil absorption filter) <0.1

System L (Oil absorption filter) 1.7 (0.72–2.7)

System M (unknown) 0.8 (0.4–1.1)

a Data were provided from U.S. Coast Guard certificate of approval for testing of an older version of the centrifuge-based bilge separator. This system did not include an organoclay polisher.

Hence, EPA is seeking comment on establishing the numeric effluent limits for bilgewater discussed above because data gathered by EPA demonstrate that there are many technologies that have the capability of achieving effluent limits of 5 ppm and that meeting that standard would be economically practicable and achievable for vessels greater than 400 gross tons that are constructed on or after December 19, 2013. As discussed in the economic analysis conducted for this permit, EPA found that the incremental cost of installing a 5 ppm bilgewater separator is not substantially higher than installing a 15 ppm bilgewater separator for new vessels (US EPA, 2011). The technology to meet these effluent limits is currently in use by vessels on the Great Lakes complying with Canadian Regulations for the Prevention of Pollution from Ships and for Dangerous Chemicals. EPA expects no major physical impediments to installing such technology on new vessels. While bilge separator manufacturers and vendors, as well as major shipping companies, indicate that there is an increase in the level of effort required to meet a 5 ppm oil standard versus 15 ppm for bilgewater discharges, vessels that install certified bilge separators currently on the market, and conduct proper operation and maintenance, are likely to be able to meet a 5 ppm oil standard. In order to meet this effluent limitation, vessel owner/operators would also need to use effective bilge separators and oil content monitors. In addition, owner/operators may need to follow “best practices” and guidance such as theProposed 2013 Vessel General Permit (VGP) Fact Sheet

66 International Maritime Organization/Marine Environment Protection Committ ee (IMO/MEPC) Integrated Bilge Water Treatment System (IBTS) practices (IMO/MEPC, 2008).

As discussed above, EPA is not including this option in today’s draft permit due to concerns regarding implementation that have been raised that call into question whe ther these

sy s tems are, in practice, “available.” Specifically, the U.S Coast Guard has questioned whether there are bilgewater alarms currently available which can be set to a 5 ppm limit. EPA believes that it is important to the implementation of the bilgewater standard to have alarms that are set or can be set recirculate to correct the situation when the limit is exceeded. EPA specifically requests comment on whether there are currently available and type approved bilgewater alarms

which can be set a t 5 ppm. When commenting, please provide information on whether the alarm is type approved (and if so, under which flag administration it is type-approved), whether it is type approved in combination with existing bilgewater systems, and whether these sys tems are onboard existing flag vessels. EPA also requests comment as to whether it would be technologically feasible to provide a “switch” on existing systems which would allow vessel owner/operators to toggle between a 5 ppm and 15 ppm discharge limit and on the Agency’s assessment of the importance of having such an alarm.

EPA has estimated the costs for requiring new build vessels greater than 400 gross tons who elect to discharge bilgewater into waters subject to the VGP to treat to the 5 ppm limit (EP A, 2011). In addition to requesting comment on these estimates in general, EPA is also seeking comment on whether using a more effective system will substantially change existing bilgewater management practices for vessel operators, and whether EPA should require these treatment technologies in different situations than those discussed below. For example, should EPA consider also requiring these systems for certain existing vessels, or should EPA create

additional incentives for those vessels that choose to use these more effective technologies?

EPA notes that while the Agency believes that technologies exist which are capable of treating bilgewater to a 5 ppm limit oil and grease limit, EPA has not made such a BPT/BAT determination in this proposal due to the concerns discussed above. However, since the Agency believes that 5 ppm- capable systems do exist, EPA, with the support of the United States Coast Guard, plans to seek input from our international partners at IMO as to whether that body should

con sider amending MARPOL Annex I to require a phasing in of a 5 ppm oil and grease discharge limit for certain new vessels.

EPA is also seeking comment on whether those existing oceangoing vessel operators currently prohibited from discharging within 1 nm from shore and in protected waters (unless meeting safety exemptions) should be given the additional management option of discharging in those currently prohibited areas if the oil and grease limit were set at 5 ppm is appropriate.

As discussed above, EPA plans to discuss this issue with member countries at IMO. Recognizing that many member states of IMO have substantial expertise in these matters, EPA welcomes comments from those entities on the above information during today’s proposed permit’s comment per iod. The Agency will consider comments, and any new information received, before determining whether to incorporate these new limits into the final VGP.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

67 4.4.2.2.3 Annual monitoring to A ssure A ccurate O il Content Monitor C alibration

EPA is also seeking comment on approaches for the monitoring of bilgewater discharges that would, if the approach discussed above were adopted in the final permit, be subject to the 5 ppm standard above in coordination with a vessel’s annual, intermittent, or renewal survey which

would be designed to assure that oil content monitors are remaining accurately calibrated. EPA is specifically seeking comment on the following language, would be inserted into a new

subsection in Part 2.2.2 of the VGP:

Bilgewater Monitoring

All vessels to which Part 2.2.2.1 applies (see above) must be equipped with an oil discharge monitoring system that monitors the discharge of oily bilge water into waters subject to this permit. These vessels must also be equipped with an overboard discharge control unit that automatically initiates the sequence to stop the overboard discharge of the effluent in alarm conditions and prevents the discharge throughout the period the alarm condition prevails. The overboard discharge control unit must be designed to receive automatic signals of oil content of the effluent, measured as ppm, from the oil content meter.

Each oil content meter and each control section of an oil discharge monitoring system must be subjected to a functional test that includes the operations listed in 33 CFR § 157.12f and is conducted as outlined in 46 CFR § subpart 162.050 on a suitable test bench prior to delivery. The detailed program for a functional test of such equipment must be developed by the manufacturer, taking into account the features and functions of the specific design of equipment and the types of oils that will be monitored. A completed workshop certificate, including the delivery functional test protocol, must be received with each unit delivered. A copy of the certif icate must

be carried aboard the vessel at all times.

Routine maintenance of the monitoring system and troubleshooting procedures must be clearly defined in the oil discharge monitoring system’s Operating and Maintenance Manual kept

onboard the vessel. Al l maintenance activities related to the bilge water monitoring system and overboard discharge control unit must be recorded and the information must remain on board for inspection purposes. In addition, vessel staff training must include familiarization with the operation and maintenance of the bilgewater overboard discharge control and oil discharge monitoring equipment.

Initial Analytical Monitoring

To demonstrate the effectiveness of the oil discharge monitoring system, the vessel owner/operator must tak e at least five (5) samples from the vessel on different days over a 90

- day period that are representative of the treated effluent to be discharged. A vessel which has an oil discharge monitoring system that has been type approved by any flag administration to a 5 ppm standard and has an alarm which prevents the discharge of any bilgewater with an oil content of greater than 5 ppm may instead immediately commence maintenance monitoring.

Initial monitoring must be done within the first 120 days of permit cov erage (or before), within 90 days of oil discharge monitoring system installation onboard the vessel, or before the vessel discharges into waters subject to this permit, whichever is later. Samples will be analyzedProposed 2013 Vessel General Permit (VGP) Fact Sheet

68 for oil by Method ISO 9377-2 (2000) Water Quality –Determination of hydrocarbon oil index– Part 2: Method Using Solvent Extraction and Gas Chromatography (incorporation by reference,

see 46 CFR § 162.050–4) or EPA Method 1664. If the measured samples meet the 5 ppm standard specified in Part 2.2.2.1, then the vessel owner/operator has demonstrated the effectiveness of their oil discharge monitoring system for controlling their bilgewater 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) and laboratory(ies) who performed the analyses;

• The analytical techniques or methods used; and

• The results of such analyses.

Maintenance Analytical Monitoring

Annually, vessels to which Part 2.2.2.1 applies must collect a sample of the bilgewater effluent for analysis of oil by Method ISO 9377-2 (2000) Water Quality– Determination of hydrocarbon oil index–Part 2: Method Using Solvent Extraction and Gas Chromatography (incorporation by reference, see 46 CFR § 162.050–4) or EPA Method 1664 to demonstra te treatment equipment maintenance and compliance with this permit. At the time of sample collection, the reading on the oil content meter will be recorded so the oil concentration measured by the laboratory can be compared to the oil content meter. If the re is a difference between the laboratory result and the oil content meter that is greater than 100 percent, then the vessel must recalibrate the oil content meter. Alternatively, vessels can annually detach the oil

content meter and send the meter to the manufacturer for service and calibration. Following manufacturer service and calibration, the meter must be reattached to the bilgewater effluent monitoring location. While the oil content meter is being serviced by the manufacturer, the vessel cannot discharge bilgewater effluent under the conditions in Part 2.2.2.1.

In addition, an annual test of the oil discharge monitoring system alarm functions and the

electronic -valve switching function must also be performed onboard the vessel to verify they will activate when the oil concentration measured by the oil content meter is greater than 5 ppm.

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, and any meter recalibration;

• The individual(s) who performed the sampling or measurements, and any meter recalibration;Proposed 2013 Vessel General Permit (VGP) Fact Sheet

69 • The date(s) analyses and any meter recalibration were performed;

• The individual(s) who performed the analyses and any meter recalibration;

• The techniques or methods used for sample analyses and any meter recalibration; and

• The results of such analyses and any meter recalibration.

Monitoring Reporting

Th e vessel owner/operator must submit data showing that the bilgewater standards are achieved by their oil discharge monitoring system to EPA’s e -reporting system, unless they meet one of the exceptions to electronic reporting found in Part 1.14 of this permit. Monitoring data must be submitted at least once per calendar year no later than February 28 of the year after the data are collected. Data may be submitted as part of the vessel’s annual report

4.4.2.2.4 Why EPA is Considering Annual Monitoring to A ssure A ccurate O il Content Monitor

C alibration

As discussed above, EPA is seeking comment on whether e vessels greater than 400 gross tons electing to discharge bilgewater in waters subject to this permit should complete additional monitoring requirements to periodically assure the accuracy of their oi l content monitor. Vessels must be equipped with an oil discharge monitoring system that monitors the discharge of oily bilge water into waters subject to this permit. Vessels must also be equipped with an overboard discharge control unit that automatical ly initiates the sequence to stop the overboard discharge of the effluent in alarm condition and prevents the discharge throughout the period the alarm condition prevails. The control unit must be designed to receive automatic signals of oil content of the effluent, measured as ppm, from the oil content meter. EPA is considering establishing these monitoring requirements for this equipment based on similar operations listed in 33 CFR § 157.12f and in 46 CFR § 162.050.

EPA is considering monitoring conditions based upon readily available and generally accepted methods. EPA has estimated the additional cost associated with analytical monitoring in the economic analysis accompanying this permit, and found that the costs of monitoring may be economically achievable for vessels electing to discharge bilgewater within waters subject to this permit. Please see EPA (2011) for additional discussion regarding the costs of these permit conditions. EPA is specifically seeking comment on these analyses.

4.4.2.2.5 Poten tial Costs of N ew B ilgewater R equirements

The 5 ppm bilge water discharge standard could result in incremental costs to existing vessels greater than 400 gross tons that currently discharge treated bilge water outside 1 nm from shore, and to new vessels greater than 400 gross tons that will discharge treated bilge water rather than holding it.

In the case of existing vessels that currently treat their bilge water, EPA estimates that the cost of complying with the bilge water requirements includes costs for oil discharge monitoring system, overboard discharge control system, monitoring, sampling, maintenance, and reporting. Since EPA assumes that existing vessels would continue to use current practices (treat or hold,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

70 depending on the vessel), EPA does not believe these costs would be incremental costs of complying with the revised VGP.

For new vessels, incremental costs would include any higher costs associated with installing and operating a treatment system capable of meeting the 5 ppm effluent limit, as compared to the cost of a system capable of treating the effluent to 15 ppm, along with the costs of the oil discharge monitoring system, overboard discharge control system, monitoring, sampling, maintenance, and reporting.

EPA generated both low-end and h igh

- end estimates for the potential costs of these new limits and monitoring requirements. EPA estimated that the costs of these requirements would range from $140,000 to $7,000,000 per year. Please see the economic analysis prepared for this permit for additional discussion (EPA, 2011).

4.4.3 Ballast Water (Part 2.2.3)

Technology-B ased E ffluent L imitations

In today’s draft permit, EPA is proposing new, more stringent numeric technology- based effluent limitations to replace the non

- numeric limitations in the 2008 VGP for ballast water. These changes will achieve significant reductions in the number of living organisms discharged via ballast water into waters subject to this permit. EPA has set the numeric effluent limit for

ballast water as numbers of liv ing organisms per cubic meter discharged (i.e., as a maximum acceptable concentration) because reducing the concentration of living organisms will reduce inoculum densities of potential invasive species discharged in a vessel’s ballast water. As part of today’s permit, EPA has also established discharge limitations for certain biocides and residuals (expressed as an instantaneous maximum).

EPA’s SAB (2011) recommended that EPA not solely rely on numeric standards for ballast water discharges: that:

“...EPA a dopt a risk-based approach to minimize the impacts of invasive species in vessel ballast water discharge rather than relying solely on numeric standards for discharges from shipboard BWMS. The Panel found that insufficient attention has been given to integrated sets of practices and technologies that could be used to systematically advance ballast water management. These practices include managing ballast uptake to reduce the presence of invasive species, reducing invasion risk through operational adjustmen ts and changes in ship design to reduce or eliminate the need for ballast water, development of voyage- based risk and/or hazard assessments, and treatment of ballast water in onshore reception facilities.” (EPA SAB, 2011)

Consistent with this recommendati on, EPA has included some of the management practices referenced above in the draft permit and continues to explore other integrated approaches to managing ballast water risk reduction. EPA seeks comment on and suggestions for additional approaches for inc orporating more integrated approaches to managing ballast water

risks in the VGP.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

71 Vessel owner/operators subject to the concentration- based numeric treatment limit may meet their obligations in one of four ways: discharge treated ballast water meeting the applicable

numeric limits in Part 2.2.3.5 of the VGP; transfer of the ship’s ballast water to a third party (which may be onshore or on another vessel such as a treatment barge); use of treated municipal/potable water as ballast water; or by not dischargi ng ballast water. In addition, vessels enrolled in, and meeting the requirements of the US Coast Guard’s Shipboard Technology Evaluation Program (STEP), are deemed to be compliant with the permit requirements for ballast

water treatment.

Ballast water typ ically consists of ambient water taken onboard to maintain vessel draft, trim, stability, and stresses, regardless of how it is carried. Large commercial vessels (e.g., container ships, bulk carriers, other cargo vessels, tankers, and passenger vessels) no rmally have ballast tanks dedicated to this purpose and some vessels may also put ballast water in empty cargo holds. The discharge rate and constituent concentrations of ballast water will vary by vessel type, ballast tank capacity, quality of and constituents contained in the ambient source waters, efficacy of any treatment applied to the discharge of ballast water, type of deballasting equipment, and other factors. Volumes of ballast water discharged are significant and can range

from several hundred to many thousands of cubic meters of water. For instance, large passenger vessels (cruise ships) have a representative ballast capacity of about 3,000 cubic meters (about 790,000 gallons) while ultra- large crude carriers (ULCCs) have a representative ballast capacity of about 95,000 cubic meters (about 25 million gallons) (ABS, 2010). Some vessels, such as small water ferries, may have as little as 5 cubic meters (about 1321 gallons) of ballast water.

Ballast water discharge has been cited as one of the prim ary sources (or vectors) for the spread of aquatic invasive species, also known as aquatic nuisance species (ANS) (Carlton, 1985; Carlton and Geller, 1993; Gollasch et al., 2002; Kasyan, 2010). These species can enter new aquatic environments when the vess el operator discharges from ballast water tanks. These organisms may also be released when vessel operators load ballast water into ballast tanks with existing residual water or sediment, mixing the new ballast water with the residual water and sediment, w hich may contain viable living organisms and organisms in resting stages, then later discharge this mixed effluent. When species in ballast tanks are transported between waterbodies and discharged, they have the potential for establishing new, non-indigenous populations that can cause severe economic and ecological impacts. The permit includes technology

- based numeric limitations and other provisions to limit the concentrations of potentially viable organisms that are released into potentially receptive aquatic habitats.

ANS cause substantial environmental and economic harm to the United States. Well known examples of ANS or pathogens that have been introduced to U.S. waters include Chinese mitten crab, European green crab, hydrilla, European loosestrife, Eurasian water milfoil, round goby, melaluca, salt cedar, Viral Hemorrhagic Septicemia (VHS), and zebra mussels. For additional information on the impacts of ANS introduced via ballast water discharges, refer to some of the numerous studies and reports tha t have been completed and are available in the docket for today’s permit (Bolch & Salas, 2007; Dobbs et al., 2006; Doblin et al., 2007; Drake & Lodge, 2007; Drake et al., 2007; Endresen et al., 2004; Knight et al., 1999; M.G.G. et al., 2003; NAS, 2011; Reynolds et al., 1999; Roman, 2006; Ruiz et al., 2000a; Ruiz et al., 2000b; Smayda, 2007; US EPA, 2001; Zo et al., 1999).For additional information on the impact of aquaticProposed 2013 Vessel General Permit (VGP) Fact Sheet

72 nuisance species, refer to Section 3.4.1 of this fact sheet and the economic analysis available in the docket for today’s permit.

4.4.3.1 Training

As a requirement of this permit, the master, operator, person- in

- charge, and crew members

who a ctively take part in the management of ballast water must have a general understanding of ballast water systems on board vessels. Crew must be able to effectively implement all appropriate requirements laid out in a vessel’s ballast water management plan. For vessels which have a ballast water treatment system onboard, crew engaged in the active management of ballast water must understand how to operate and maintain ballast water equipment. Additionally, if the vessel crew will engage in sampling of any ballast water discharge streams, those crew must understand how to engage in proper sample collection, handling, and packaging. Thus, EPA is requiring that owner/operators maintain a written training plan, which describes the training provided to the vesse l crew, as well as a record of the date on which that training was provided to each member of the crew. This can be in the form of a stand-alone training plan, can be incorporated into the vessel’s ballast water management plan, or other recordkeeping documentation as appropriate (provided the vessel’s crew can quickly point to this language for their use and purposes of inspection). The permit does not prescrib e the appropriate level of detail of the written training plan; this should be determined by the permittee. In general

, it need only be detailed enough to document that appropriate training is taking place. EPA requests comment on the training requirements in the draft permit.

EPA included these requirements pursuant to 40 CFR 122.44(k), which requ ires EPA to impose best management practices when “reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA.” See also CWA section 402(a)(2) and 40 CFR 122.43(a). The Agency believes that balla st water management is complex, and inadequately trained crew may not appropriately implement the ballast water requirements found in this permit, thereby increasing the risk that the effluent limits and standards of the permit will not be achieved.

4.4.3.2 Balla st Water Management Plans

All vessels equipped with ballast water tanks must have a ballast water management plan. US Coast Guard regulations also establish mandatory ballast water reporting and recordkeeping requirements (33 CFR 151.2041 and 151.2043), a nd also require vessels to have a ballast water management plan that is specific for that vessel and assigns responsibility to the master or appropriate official to understand and execute the ballast water management strategy for that vessel (33 CFR 151.20 35(a)(7)).

Like the 2008 VGP, this iteration of the VGP also requires that all vessel owner/operators maintain ballast water management plans as a requirement related to effluent limits. As part of these plans, vessel owner/operators must document how the y will meet the ballast water requirements contained in the VGP.

EPA notes that the requirement to do such a plan is being imposed as “conditions to assure compliance” with effluent limitations under CWA§ 402(a)(2) and 40 CFR 122.43(a), and asProposed 2013 Vessel General Permit (VGP) Fact Sheet

73 practices “ reasonably necessary to achieve effluent limitations and standards or to carry out the intents and purposes of the CWA,” per 40 CFR 122.44(k).

EPA is specifically requesting comment on whether these ballast water management plans should be made available to the public. EPA notes that these plans are currently maintained onboard the vessel, and therefore, in order to make them available to the pub lic, a new reporting requirement would also have to be imposed upon owner/operators. EPA requests comment on benefits that might accrue from making the plans available to the public and any increases in administrative burdens on both permittees and the Agency that might result from such a requirement.

4.4.3.3 Mandatory Ballast Water Management Practices: Management M easures Required of all

V

essel O wner/ Operators

As in the 2008 VGP, EPA has included, pursuant to 122.44(k), best management practices (BMPs) applicab le to all vessels equipped with ballast water tanks that enter or operate within waters subject to this permit as technology -based effluent limits. EPA’s Science Advisory Board (2011) found that “insufficient attention has been given to integrated sets of practices and technologies that could be used to systematically advance ballast water management.” Hence, consistent with the recommendations of that panel, EPA has retained the current BMPs and developed additional management measures, both found in Part 2.2.3.3 of the VGP, which are designed to reduce the number of living organisms taken up in, and later discharged in, ballast water or to ensure that such discharges do not occur in known sensitive areas. Many of these

measures are consistent with existi ng requirements found in the 2008 VGP and US Coast Guard regulations as of November 30, 2011 (found at 33 CFR 151.2025 as of this date), and therefore, are widely followed practices by the regulated community. The remainder are practices that

EPA believes will be reasonably easy to implement. EPA thus finds these practices to be available and economically achievable.

Examples of these BMPs include avoiding or minimizing ballast water uptake in areas recognized as having a high potential to contain harmful organisms, only discharging the minimum amounts of ballast water necessary in coastal and internal waters, and regularly cleaning ballast water tanks to remove sediment. 33 CFR 151.2035(a) (Coast Guard equivalents). When achievable, vessel operators should not take up ballast water in any waters with a known outbreak of harmful organisms and/or invasive species such as Pfisteria blooms (or other harmful algal blooms) and viral hemorrhagic septicemia (VHS) and instead use internal ballasting. In

these area s, it may be achievable for vessel owner/operators to avoid the uptake of water. When the uptake of ballast water is required in these waters, the vessel owner/operator must take on ballast in those waters that have the lowest known risk factors for these harmful organisms.

Like the 2008 VGP, today’s permit does not authorize the discharge of sediments from the cleaning of ballast tanks. Hence, the discharge of sediment removed from tanks by cleaning operations into waters subject to this permit, including the discharge of sediments suspended as a result of ballast tank cleaning, are prohibited from being discharged into waters covered by this permit and must be disposed of in accordance with any applicable local, State, and Federal regulations. Regarding sediment disposal, vessel owner/operators may need to make arrangements for proper onshore disposal or arrangements to discharge sediment outside watersProposed 2013 Vessel General Permit (VGP) Fact Sheet

74 subject to this permit unless prohibited by statute or applicable law). Sediment could be removed when vessels are in port or while vessels are in drydock. Furthermore, because EPA did not authorize the discharge of sediments in the 2008 VGP, the Agency assumes that all vessel owner/operators are currently complying with these permit requirements. Based upon data submitted on vessel NOIs for the 2008 VGP, the vast majority of vessels discharge sediment from the cleaning of ballast tanks to either onshore facilities or when they are out of waters subject to this permit. See Table 3 below.

Table 3: Ballast Water Sediment Disposal Methods by Vessel Types/Categories Based on NOI Data for the 2008 VGP (Data Current as of December 2010: Values are in Percent of

Vessels for which a Response was Provided )

Methods Barges Oil and

Gas

Tankers Comm. Fishing Large

Ferries Large

Cruise

Ship Med.

Cruise

Ship Research Emerg. Other Onshore at shipyards via third

party 78 37 81 50 72 49 55 84 70

Onshore/Landfill 0.2 4 0 2 0 0 2 4 0

Onshore and

Offshore 0 19 0 0 10 13 7 4 7

Offshore/overboard 0.8 37 6 6 18 19 8 5 16 Not applicable/

No Ballast 21 3 13 42 0 19 28 3 7

Total # Respondents 6,950 2,521 123 62 97 16 74 56 8,529

EPA has not authorized the discharge of sediment from cleaning of ballast tanks for two primary reasons. First, sediment poses a risk for the further distribution of aquatic nuisance or invasive species. Organisms can survive in ballast sediment for prolonged periods in resting stages. Secondly, and of equal importance in the Great Lakes, sediment is a traditional pollutant which can be linked to violations of water quality standards. Sediment discharged in any significant quantities will increase turbidity , decrease the size of the photic zone, and result in increased benthic embeddedness. Though the sediment collected on the bottom of ballast tanks likely settled from waters drawn into the ballast tank, the characteristics of that sediment can be substantially altered from when it was taken onboard the vessel due to other constituents of ballast water and chemical changes in the ballast water tank. Furthermore, the sediment is not always from the same location or waters where the ballast water was taken onboard the vessel as the tanks are not completely emptied when ballast water is discharged. Therefore, EPA determined not to authorize the discharge of sediment from cleaning of ballast tanks anywhere in waters subject to this permit including the Great Lak es. EPA believes it is feasible to remove accumulated sediments from ballast tanks without flushing them into waters subject to this permit, and has received not information suggesting that this requirements has posed a problem in complying with the 2008 VGP.

EPA has also mandated the use of high suction (i.e., a sea chest for drawing ballast water into the vessel located near the water line), if a vessel has high and low suction, on ballast water intake to reduce entrained sediment. EPA is incorporating this requirement based on theProposed 2013 Vessel General Permit (VGP) Fact Sheet

75 recommendations of EPA’s Science Advisory Board, which recommended several management measures for reducing the overall concentration of living organisms in ballast water discharges (EPA SAB, 2011).

EPA specifically requests comme nt on whether additional best management practices which reduce risks at various stages of ballasting are appropriate to include in the final VGP. Specifically, EPA would like information on what additional management measures the VGP should include, cost s associated with those measures, and how well those measures reduce the risk from ballast water discharges. EPA also specifically requests comment on if there were any additional measures discussed by the NAS (2011) or SAB (2011) reports that EPA should consider incorporating in this permit. Please submit any data or other information supporting your recommendations.

4.4.3.4 Mandatory Ballast Water Management Practices for Existing Bulk Carrier V essels ( Commonly Known as Lakers)B uilt Before January 1, 2009, Confined E xclusively to the Great

Lakes Upstream of the Welland Canal

EPA has established three ballast water management measures specific to existing bulk carrier vessels (commonly known as Lakers) built before January 1, 2009, confined exclusively to the Great Lakes upstream of the Welland Canal. These include developing sediment management measures, minimizing the amount of ballast taken in nearshore environments, and requiring inspection of sea chest screens and repair as necessary. EPA believes these

r equirements are available and economically achievable, as they represent simple to implement and common sense approaches to managing ballast water discharges for these vessels to minimize the spread of ANS. The first management measure requires the vessel owner/operator to annually assess sediment accumulations and document their sediment- related activities (to assure they are managing sediment effectively and to assure compliance with permit conditions). The second measure, adopted from voluntary Laker B MP approaches to mitigate the transfer of invasive species, requires that Lakers minimize the amount of water they take on in nearshore environments (for an example of voluntary Laker BMPs, see Great Lakes Maritime Industry Voluntary Ballast Water Manageme nt Plan for the Control of VHS, available in the docket for today’s permit). The third measure requires that Lakers ensure that their sea chest screen(s) are adequately maintained. These screens will keep out the largest living organisms, such as fish, from ballast tanks (and bacteria and viruses associated with those larger organisms), which may reduce the risk of transferring ANS. Lakers confined exclusively to the Great Lakes upstream of the Welland Canal are laid up or put in drydock every winter; he nce, they have the time and opportunity to inspect and repair sea chest screens, and replace as necessary. EPA believes that adequately maintaining sea chest screens is a simple and economically available technology

based requirement to reduce the threat o f ANS dispersal within the Great Lakes.

For the reasons described in section 4.4.3.5 of this fact sheet, if existing Lakers confined exclusively to the Great Lakes upstream of the Welland Canal are retrofitted to meet the treatment requirements in Part 2.2.3.5 of the VGP, these vessels are not required to meet the other requirements of Part 2.2.3.4 of the VGP. However, existing Lakers with ballast wa ter treatment systems would still be required to meet the BMPs for ballast water management found in Part 2.2.3.3 of the VGP that are applicable to all vessels.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

76 4.4.3.5 Ballast Water Treatment Measures

In developing today’s proposed numeric effluent limits, EPA considered data from numerous peer reviewed publications, literature produced by the federal government, other technical reports and publications, public comments, and comments from experts working in the field ( see EPA SAB, 2011; ABS, 2010; Albert et al., 2010; CSLC, 2010; Dobroski et al., 2011; GLBWC, 2010; Lloyd’s List, 2010; WDNR, 2010). The data sources from which EPA derived information for decision-making purposes are included in the docket for the proposed permit and/or referenced in this fact sheet. These data sources discuss ballast water discharges, technologies available for the treatment of these discharges, and the effectiveness of the technologies. EPA considered these data in selecting the best practicable technology (BPT) and

best availa ble technology economically achievable (BAT) for today’s draft permit. The permit includes numeric limits for ballast water discharges and provides vessel owner/operators options for determining how they will meet those limits. Not all vessels will use on board treatment systems to comply with discharge requirements. Estimates developed by King et al. (2010) suggest that less than half of the vessels with ballast water discharge are likely to install onboard ballast water treatment systems. Some vessels are more likely to use an alternative ballast water management approach, including not discharging ballast water while in waters subject to this permit, using onshore facilities, or using freshwater as ballast.

4.4.3.5.1 Ballast Water Management Using a Ballast Water Treatment System

Based on EPA’s review of available data, EPA is proposing technology-based numeric effluent limits for the discharge of living organisms equivalent to the U.S. Coast Guard Phase I proposed discharge standard (USCG, 2009), which is which is equivalent to the standard set forth in Regulation D-2 of the International Ballast Water Convention (IMO, 2008) (henceforth referred to as the International Maritime Organization (IMO) standard). 15 EPA has established the VGP permit limits because seve ral treatment technologies have been shown to be safe, reliable and effective at reducing viable living organisms in ballast water discharges to meet these limits. Furthermore, it has been demonstrated that several of these technologies are commercially a vailable for shipboard installation and their use is economically achievable. Several studies and publications are available that discuss current treatment technologies, their efficacy and performance, and whether they are commercially available for shipbo ard installation ( see EPA SAB, 2011; ABS., 2010; Albert et al., 2010; CSLC, 2010; Dobroski et al., 2011; GLBWC, 2010; Lloyd’s List, 2010; WDNR 2010). Establishment of a ballast water discharge limit at the U.S. Coast Guard proposed Phase I / IMO discharge standard will result in a substantial reduction in the concentration of living organisms in the vast majority of ballast water discharges, compared to discharges of ballast water managed by mid -ocean exchange or discharges of unexchanged ballast water. I n addition, EPA believes that no existing ballast water treatment systems have been developed for vessels with less than 8 cubic meters (2113 gallons) of ballast water. Hence, vessels with a capacity of less than 8 cubic meters of ballast water are

not re quired to meet the numeric ballast water effluent limitation. However, these vessels must meet all other ballast water requirements found in Part 2.2.3 of the VGP as applicable. EPA expects that the Coast Guard final ballast water rule will be promulgated before the final VGP.

15 Note that three size groupings addressed in section 2.2.3.5 effluent limits are (or include) : (1) macrofauna/zooplankton, (2) phytoplankton, and (3) indicator microbes.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

77 EPA will continue to work closely with the Coast Guard to ensure that requirements in the final Ballast Water Discharge Standard Rulemaking and final VGP are consistent to the maximum extent possible.

The CWA is a critical tool in f orcing the development and installation of environmentally beneficial technologies. The statute demands application of best available technology economically achievable, which will result in “reasonable” progress toward the goal of eliminating the discharg e of all pollutants, CWA Section 301(b)(2)(A), Hence, EPA has established the ballast water discharge limit at the Coast Guard Phase I proposed discharge standard/IMO standard with a rolling implementation schedule, similar to that established by the

USCG proposal and IMO. Furthermore, EPA notes that as technologies improve and better data on the efficacy of systems become available, the Agency fully expects to make the BAT limit more stringent in the future, in line with the capabilities of treatment syst ems and the capability of testing protocols to establish that systems can achieve these limits. EPA also notes that not all vessels that are required to meet such numeric effluent limitations will need to do so as of the effective date of the permit, and will instead be required to meet other non- numeric BAT requirements established for their ballast water discharges upon the permit’s effective date. EPA has found that sufficient numbers of treatment systems meeting today’s limits will not be

available f or all vessels by the issuance date of this permit. Furthermore, requiring all vessels to install treatment systems immediately upon the effective date of the permit would not be economically achievable, and therefore does not represent BAT. See discussi on below.

Finding that the B allast W ater L imits in this P ermit Represent the BPT and BAT Level of

Control

Ballast water discharge is a known vector for the spread of invasive species. The risk of establishment of ANS is assumed to decrease with decreasing propagule supply, although the exact quantitative relationship between propagule supply and invasion risk is unknown for any species, and in fact likely varies for any species over time and location. This assumption regarding risk is supported by a wide b ody of empirical, theoretical, and experimental evidence showing that invasion success increases with an increase in propagule supply, either by a higher concentration of organisms in an inoculation and/or by an increase in the frequency of inoculations (e.g., Simberloff, 1989, 2009; Ruiz et al., 2000a; Kolar and Lodge, 2001, Ruiz and Carlton, 2003; Lockwood et al., 2005; Johnston et al., 2008). Significantly reducing propagule pressure will reduce the probability of invasions, when controlling for all othe r variables (NAS, 2011). The ballast water discharge standard in today’s permit will reduce discharges of living organisms, thereby reducing risk of the spread of aquatic nuisance species.

The living organism discharge standard for ballast water is expressed as concentrations of organisms per unit volume by organism size class. The numeric limitations in today’s permit represent the most stringent standards that ballast water management systems currently safely, effectively, credibly, and reliably meet (US EPA SAB, 2011).

In the context of this general permit, EPA has determined the ballast water discharge standard represents the best practicable technology (BPT) for all pollutants, the best conventional technology (BCT) for conventional pollutants, and the best available technology economically achievable (BAT) for toxic and non-conventional pollutants. In making this determination, EPAProposed 2013 Vessel General Permit (VGP) Fact Sheet

78 evaluated effluent limits using a BPT and a BAT standard, but since conventional pollutants will also be adequately contro lled by these same effluent limits for which EPA applied the BPT and BAT tests, EPA determined that it was not necessary to conduct BCT economic tests.

Ballast W ater T reatment is T echnologically A vailable

EPA developed the BPT/BAT numeric discharge limitations for ballast water based on an assessment of the demonstrated performance of current ballast water treatment technologies. Based upon available data, EPA’s Science Advisory Board (2011) determined that five ballast water management system types (liste d below) have been demonstrated to meet the IMO D-2 discharge standard, when tested under the IMO G8 guidelines for approval of ballast water management systems (MEPC 2008), and will likely meet USCG Phase 1 standards (if tested

under EPA’s more detailed E nvironmental Technology Verification (ETV) Protocol).

These five types of ballast water treatment technologies include:

• Deoxygenation + cavitation;

• Filtration + chlorine dioxide;

• Filtration + UV;

• Filtration + UV + TiO 2 ; and

• Filtration + electro -chlorination.

Deoxygenation is a physical

- chemical process that kills organisms by creating severe hypoxia (through lowered pressure via venturi or vacuum, or lowered partial pressure via sparging with inert gasses). Cavitation is a physical proce ss that kills organisms by the high pressure, shear forces, and shock waves generated by the collapse of micro -vapor bubbles induced into the ballast water. Filtration accomplishes a variety of physical separation processes, including screening to remove sediment and larger organisms resistant to disinfection, reduction of organic matter to reduce oxidant demand, and reduction of turbidity to increase transmittance of UV radiation (EPA SAB, 2011). Chlorine dioxide and electro- chlorination disinfect ballast water using the chemical disinfectants chlorine dioxide and hypochlorite. In the latter, hypochlorite is generated by electrolytic processes using sea water as the source of ions. UV is a physical

- chemical process that disinfects ballast water using photoc hemical reactions generated by ultraviolet light radiation. In the UV + TiO2 physical- chemical process, UV light also activates the surface of the titanium catalytic semiconductor, disinfecting ballast water using both photochemical and photocatalytic reactions.

In conducting its study, EPA’s SAB (2011) used the following criteria to determine that the five ballast water treatment technologies were available and demonstrated to meet the standard in today’s permit:

• The technical literature supported the fundamental use of the technology ( e.g ., is it well documented that using the approach will safely and effectively remove, kill, or inactivate aquatic organisms).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

79 • Laboratory testing was conducted with “reasonable and appropriate methods” ( i.e.

, methods commonly used in aquatic studies or alternative methods that appear rigorous and equivalent to a standard, common approach).

• Land -based testing was conducted with appropriate sample numbers and sizes; sample collection and handling were appropriate and documented ; analytical facilities were adequate; IMO or ETV (v. 5.1) challenge conditions were met; appropriate toxicological studies were conducted and demonstrated environmental safety; a QA/QC policy was in place and followed; and ultimately, land-based testing produced credible results.

• Shipboard testing was conducted with the same considerations as land-based testing (described above) and produced credible results.

• If an active substance was included, the technology had credible toxicity and chemistry

data and h ad received IMO Basic approval or Final Approval (which requires Basic Approval). 16

• The technology had a type approval certificate from a flag administration

. 17

• The technology was in operational use (i.e., not used only during shipboard type approval testing) on one or more active vessels. (US EPA SAB, 2011)

EPA notes that other types of ballast water management systems may also meet these standards. However, the SAB panel determined that adequate data about these systems were not available for use by the panel to evaluate those systems. Based upon the data available, no current ballast water treatment technologies were considered likely to meet standards more stringent than IMO D-2/Phase 1 (US EPA SAB, 2011).

As of the 62nd meeting of the Marine Env ironment Protection Committee (MEPC) at IMO, 17 systems had been type approved by their flag administrations. Based upon information generated by those system vendors and data regarding system performance generally taken by third parties, those flag administrations believe that these systems can consistently meet the IMO D-2 discharge standard when installed and used on ships under normal operating conditions. Examples of data available to evaluate the efficacy of ballast water treatment systems include Cangelosi, 2010a; Cangelosi 2010b; Gollasch, 2011; Tamburri and Ruiz, 2005; ten Hellers et al.,2009; USCG, 2008; Veldhuis et al., 2008; Veldhuis et al., 2009a; Veldhuis et al., 2009b; Wright, 2009.

16 Under Regulation D

- 3(2) of the IMO Ballast Water Management Convention, ballast water treatment systems that make use of “active substances” (biocides or other potentially harmf ul substances) are subject to approval by the

IMO’s Marine Environment Protection Com mittee (MEPC) with respect to active substance

- related health, environmental, and safety issues. This review and approval is conducted under the G9 Procedure for approval of Ballast water management systems that make use of active substances ” developed by MEPC, available at http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064807e890e.

17 EPA notes that in addition to measuring environmental efficacy (e.g., how well do systems prevent the discharge of living organisms), type approval involves evaluating the system’s design and construction for operation on ships, the manufacturing standard s, and safety aspects.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

80 Based on EPA’s review of available data, the Agency agre es with the SAB’s evaluation that ballast water treatment systems are available which meet the limits proposed in today’s VGP, and that at least five types of treatment technologies are available to meet those limits. Combining EPA’s review with that of th e SAB and other evaluations of available technology ( see US EPA SAB, 2011; GLBWC, 2010; Albert et al., 2010; CSLC, 2010; Dobroski et al., 2011; Lloyd’s List, 2010; WDNR, 2010) and the fact that 17 BWTS have been type approved by their flag administrations, EPA believes that effective technologies which meet today’s technology based standards are or will be available for most types of vessels.

Ballast W ater T reatment Requirements in the 2013 VGP are E conomically P racticable and

E conomically A chievable

The US Coast Guard estimated the cost of requiring ballast water treatment systems for its August 2009 proposed rulemaking. The Coast Guard’s 2008 Preliminary Regulatory Analysis, available in the docket for today’s permit, estimates the average capital cost o f ballast water treatment systems that will be installed to meet their Phase I/ IMO D -2 standards between 2012 and 2021 to be $315,000 per vessel. This figure ranges from $258,000 for chemical application in offshore supply vessels to more than $2.5 millio n to retrofit Very Large Crude Carriers (VLCCs) with ozone generating systems. Capital costs primarily vary with pumping capacity and technologies utilized, but are also slightly influenced by differences between the vessel categories. The total cost of t hat rulemaking to U.S. vessels, including both installation and operating costs, was estimated at $1,176 million for meeting their phase I standard (for both installation and operation of the ballast water treatment equipment). This represents annual costs of $167.5 million annually (in 2007 dollars).

For purposes of evaluating and determining BAT, EPA has found that requiring installation of ballast water treatment will impose no incremental cost to the regulated community over meeting the US Coast Guard Phase I standards, provided that the implementation schedule roughly parallels the US Coast Guard proposed Phase I schedule. Many operators may also have to install treatment to meet the IMO standards (which are very similar to the numeric standards in today’s permit) if they operate in waters of countries that have ratified the IMO Ballast Water Management Convention once it enters into effect. The Ballast Water Management Convention will enter into force 12 months after ratification by 30 countries, representing 35 percent of world merchant shipping tonnage. As of October 31, 2011, 30 countries had ratified the Ballast Water Management Convention, representing 26.44% of world’s merchant shipping tonnage. Those Countries that ratified the convention as o f that date are: Albania, Antigua and Barbuda, Barbados, Brazil, Canada, Cook Islands, Croatia, Egypt, France, Iran (Islamic Republic of), Kenya, Kiribati, Liberia, Malaysia, Maldives, Marshall Islands, Mexico, Mongolia, Netherlands, Nigeria, Norway, Palau, Republic of Korea, Saint Kitts and Nevis, Sierra Leone, South Africa, Spain, Sweden, Syrian Arab Republic, and Tuvalu. The US proposed Coast Guard rulemaking would require ballast water treatment systems be installed roughly on the same schedule as the IMO treaty. EPA expects that the IMO convention will enter into force in waters and for vessels flying the flag of ratifying states and/or the US Coast Guard rulemaking will be finalized by the time this permit becomes effective on December 19,

2013. How ever, if neither of these actions occur before the effective date of this permit, EPA believes that installation of these treatment systems is economically practicable and achievable, even if costs are fully attributable to this permit issuance alone. This determination considers theProposed 2013 Vessel General Permit (VGP) Fact Sheet

81 full installation and operation cost (as summarized in the discussion of the USCG’s cost estimates above and the economic analysis document that accompanies this proposal) of ballast water treatment systems on applicable vesse ls. It also considers revenue for the vessels. For example, as reported in Section 3.4.2 of EPA’s economic analysis document, average daily charter rates for vessels ranged from $17,000 to $37,500 per day in 2006 (USCG, 2008) and averaged $15,179 per day per voyage in 2010.

EPA further notes that numerous publications and forums have been devoted to the imminence of the IMO standards, the availability of ballast water treatment systems, and the selection of those systems by vessel owner/operators (e.g., see ASB 2010, Lloyds 2010; Lloyds 2011, USCG 2009). Hence, EPA believes that vessel owner/operators are already planning for the installation and use of ballast water treatment systems, or making other arrangements for ballast water management as appropriate , and they have factored these costs into their long- term operating plans.

EPA has determined that a more rapid implementation schedule than that in the IMO D-2 standard is not economically achievable at this time. As discussed in Section 4.4.3.5.5 of this fact sheet, EPA has determined that it is not possible for all vessels equipped with ballast water tanks to install ballast water treatment syste ms by December 19, 2013 due to worldwide limitations in drydock capacity and ballast water treatment vendor production capacity to manufacture sufficient numbers of systems for all vessels to install within a two year time period (for more information, see additional discussion in Section 4.4.3.5.5 ). If EPA were to require treatment with ballast water treatment systems for all vessels on December 19 , 2013, those vessels which would be unable to install systems due to these limitations would be unable to legally discharge ballast water, and therefore legally operate, in US waters as of that date. Those vessel owner/operators without ballast water tre atment systems would face the unenviable choice of ceasing operation in US waters or knowingly violating the CWA, which could carry significant civil and criminal penalties. In addition to significant costs for these vessel owner/operators, trade to and from US ports would suffer, resulting in widespread and significant disruptions in trade and economic activity.

At the start of the permit term, EPA expects the vast majority of new vessels coming into service to have installed treatment systems. EPA exp ects that production capacity will be available for the numbers of new vessels coming into service every year and new build vessels are in the shipyard or drydock for a substantial portion of their construction which will allow them to install ballast water treatment systems before coming into service. Furthermore, vessel owner/operators of new build vessels have been aware of impending ballast water treatment requirements for these vessels since the signing of the IMO ballast water convention. For these new build vessels, BAT will be the numeric effluent limitations associated with using a treatment device to meet IMO limits. However, as discussed above, it is not economically achievable for all vessels, including most existing vessels, to have ballast water treatment systems installed by December 19, 2013. Hence, BAT as of the effective date of this permit is use of a treatment system for new vessels and use of other narrative best management practices for existing vessels. By the end of the permit ter m, EPA expects a substantial portion of vessels operating in US waters, including most existing vessels, to be utilizing ballast water treatment systems, as it is not cost prohibitive to install ballast water treatment systems when a vessel is in drydock, and phasing the installation of systems over time will allow the shipping industry to spread costs overProposed 2013 Vessel General Permit (VGP) Fact Sheet

82 several years. The basis for the implementation schedule is discussed more fully in section

4.4.3.5.5 below.

Ballast W ater T reatment T echnologies have A cceptable Non- water Q uality Environmental

I mpacts

In addition, EPA has considered the non-water quality environmental impacts, including energy im pacts, of the ballast water discharge limitations required under this permit and finds that they are acceptable. Energy impacts result from energy requirements to operate the ballast water treatment equipment such as pumps, filters, UV lamps, chemical gene rators, and gas spargers. EPA anticipates that the ballast water requirements of this permit may also result in an increase in fuel usage; however, EPA expects an offsetting decrease in fuel usage for those vessels which no longer have to conduct ballast water exchange (and must conduct it under the 2008 VGP). Additionally, owner/operators of vessels may generate certain air emissions, such as greenhouse gases from incremental fuel consumption; however, EPA does not anticipate that

ballast water treatment w ould result in solid waste impacts. The Agency concludes that the effluent reduction benefits for ballast water treatment far exceed the potential adverse effects from the increase in energy and fuel consumption and air emissions.

EPA’s Consideration of Conclusions Found in the California State Lands C ommission

B allast W ater T reatment Report

EPA understands that some stakeholders may view the California State Lands Commission report titled “2010 Assessment of the Efficacy, Availability, and Environmental Impacts of Ballast Water Treatment Systems for use in California Waters” (CSLC, 2010; Dobr oski et al., 2011) as providing justification for inclusion of treatment standard concentrations which are lower than those technology-based effluent limits proposed today for the next VGP (e.g., justification for setting the limits as 100 or 1000 times mo re stringent than IMO). EPA further notes that the Agency is specifically seeking comment on whether to adopt the California standards in the VGP later in this fact sheet. As an interim standard (applicable until 2020), California has utilized a “no detectable living organism” approach for the largest size classes of organisms, with numeric standards for smaller size classes.

EPA believes that these California State Lands Commission (CSLC) reports, and their earlier versions, have served a role in consolidating summary data regarding the efficacy of ballast water treatment systems and drawing conclusions from those data where feasible. However, though some may view the CSLC report as justifying a more stringent standard than IMO, the methodology employed by the State of California is inconsistent with CWA requirements that must be applied by EPA in evaluating whether technologi es are available to meet a given discharge limit. The CSLC report “examines treatment system performance data to determine whether or not systems have demonstrated the potential to comply with California’s standards” (CSLC 2010, 42). EPA understands that the CSLC defines a Ballast Water Treatment System as having the potential to comply with their performance standards if the system has at least one test (potentially of many) from either a land -based or shipboard test for which the

measurement indicated co mpliance with the California standard. CSLC found that 8 systems have the potential to meet their standards under these evaluation criteria. California further notes that “three of eight systems show the potential to meet California standards under their additionalProposed 2013 Vessel General Permit (VGP) Fact Sheet

83 more rigorous evaluation criteria. These three passed more than 50% of the time over multiple tests (3 or more) at either land or shipboard scale” (CSLC, 2010, 75-76). EPA notes that no systems had “no detects” in all sample tests. Hence, CSLC is very careful to note that several systems they evaluated have the “potential to meet” their discharge limits (for some discharge events), but that use of systems highlighted in the report in no way guarantees compliance with the “no detectable living organism” standard in California waters.

In its analysis of the data presented in the CSLC report, EPA concludes that those data are not adequate to determine whether any of the treatment systems can meet a significantly more stringent limit than that proposed for this permit term. EPA believes that the data California reviewed for their evaluation of ballast water treatment systems were generally from tests to determine whether systems could meet the IMO limits, and do not have significant precision or

res olution to detect efficacy significantly beyond those limits. As noted by the SAB, “current methods (and associated detection limits) prevent testing of BWTS to any standard more stringent than D-2 and make it impracticable for verifying a standard 100 or 1000 times more stringent.” Hence, EPA does not believe that the report can be used to support the assertion that technologies are available to meet a limit 100 or 1000 times more stringent than IMO. In fact, until better shipboard testing methods are de veloped, there is no way to efficiently detect organisms present in low concentrations (e.g., at or below the IMO standard) from a shipboard discharge. This means that, in practice, the “no detectable living organism standard” proposed by California is no more stringent than the IMO standard at this time. This conclusion is supported by a recent NAS report, which states that the zero- detectable organism standard “is functionally defined by the ability to characterize concentrations of organisms at low den sities” and that the exact California discharge standard “is largely undefined and contingent on sampling protocols” (NAS, 118).

4.4.3.5.1.1 Monitoring from V essels Using a B allast W ater T reatment S ystem

Pursuant to CWA section 308 and 402(a)(2), 40 § CFR 122.43(a), 40 § CFR 122.44(i), 40 CFR 122.45(e), 40 § CFR 122.48, and other applicable implementing regulations, the following requirements have been included in the permit, as discussed below. 18 The monitoring

18 As described above, EPA developed today’s ballast water monitoring requirements in accordance with, among other provisions, 40 CFR 122.44(i)(1)(i) & (ii) and 122.45(e). “Where applicable,” sections 122.44(i)(1)(i) & (ii) require c onditions imposing monitoring “to assure compliance with permit limitations” for “[t]he mass (or other measurement specified in the permit) for each pollutant limited in the permit” and “the volume of effluent discharged from each outfall.” EPA notes that, for the reasons described above, with the exception of indicator organisms, living organism monitoring of vessel ballast water discharges, by mass or any other measure, is not required in this permit due to practical constraints on the ability to coll ect and analyzed the volumes of ballast water necessary to directly detect and quantify such organisms at the levels of concern. Such requirements, therefore, are not “applicable” to this situation and are not included in today’s permit. As for 122.44(i) (1)(ii)’s requirement for monitoring of volume of effluent discharged, there are no limits on the volume of effluent in the permit and thus no monitoring is needed to assure compliance with permit limitations. Note that vessel owner/operators are nonethel ess required to record the volumes of ballast water that they discharge in Part 4.3 of the permit. As for section 122.45(e), EPA did not consider the listed factors because they were not appropriate to the ballast water context; it would not be appropriate to limit the frequency of ballast water discharges due to their important functions regarding safety and stability of the ship and, as described more fully above, ballast water discharges are not conducive to limitations based on total mass or rates of discharge.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

84 requirements in Part 2.2.3.5.1.1 of the permit apply to ballast water discharges from vessels employing ballast water treatment systems. Effluent samples for biological indicators (i.e., E.

coli and enterococci), residual biocides and biocide derivatives must be collected during an

actual ballast water dischar ge.

The monitoring is divided into three components. The first component, in Part 2.2.3.5.1.1.2, requires functionality monitoring to assure the system is operating as designed. Vessels conducting this monitoring also must adequately calibrate their equ ipment as required in Part 2.2.3.5.1.1.3. The second component, in Part 2.2.3.5.1.1.4 requires monitoring from all ballast water systems for selected biological indicators. The third component, in part 2.2.3.5.1.1.5 requires monitoring of the ballast water discharge itself for biocides and residuals to assure compliance with the effluent limitations established in part 2.2.3.5 of the permit, as applicable.

Studies have concluded that the reduced discharge of viable organisms capable of establishing a viable population of the organism in US waters invasive reduces the risk of invasions (NAS, 2011). Monitoring data on the efficacy of ballast water treatment technologies will help EPA and others understand whether the number of living organisms in discharg es ha s been reduced. In addition, monitoring is needed to better understand whether new invasive species are introduced from ballast water and other ship -based sources. This monitoring information is needed to evaluate the long- term effectiveness of requ irements for treatment of ballast water and other measures to reduce introduction of invasive species. To address these important data needs, EPA is working with the Federal Aquatic Nuisance Species Task Force to develop a national strategy to improve understanding of invasion dynamics.

The following sections provide an in-depth discussion of each component and the basis for the requirements:

4.4.3.5.1.1.1 Ballast Water System Functionality Monitoring

Measures of treatment performance for ballast water systems can include a variety of techniques. Today’s permit relies on existing sampling methods to ensure that a ballast water treatment system is functioning as designed (and as such, is assumed to be effectively killing living organisms). Unfortunately, there are significant limitations which prevent the widespread direct detection and quantification of the two largest size classes of organisms regulated by today’s VGP ( see EPA 2010, EPA SAB 2011, King and Tamburri 2010; Lee et al., 2010; Miller 2011). This means tha t practical or economical for all vessel owner/operators to directly evaluate whether a ballast water discharge from a given vessel is meeting the numeric limitations contained in Part 2.2.3.5 with currently available, validated methods. Hence, the monito ring requirements in the “ballast water system functionality monitoring” focus on physical/chemical indicators of treatment performance.

Physical/chemical indicators of treatment performance verify that the ballast water treatment system is operating according to the manufacturers’ requirements. Most ballast water treatment systems have control and self diagnostic equipment such as sensors that continuously measure treatment parameters to verify performance. Sensors commonly incorporated into the most frequ ently installed systems include flow meters, pH sensors, dissolved oxygen sensors,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

85 OPR and amperometric (TRO) sensors, and on- line chlorine analyzers. All of these meters and sensors are widely available as they have broad application in the water and wastewater treatment industry and are available off -the-shelf from many major equipment suppliers. Other ballast water treatment systems are provided with testing meters or kits, such as portable chlorine and dissolved ozone monitors, to verify adequate levels of treatment chemicals are being maintained within the ballast tanks. Vessel operators monitor and record this data and make adjustments, maintenance, or repairs to the ballast water treatment system to ensure the equipment is functioning properly. For publicly available information which discusses the treatment processes used by various ballast water treatment systems, please see , e.g., ABS 2010, Albert et al. 2010, and Lloyds, 2010.

Ballast water treatment systems are designed and manufactured with vari ous sensors and other control equipment to automatically monitor and adjust system operating conditions to ensure proper operation and to alert vessel personnel when intervention, maintenance, or repair is required. Sensors and other control equipment, interfaced with monitoring equipment to record operating parameters, also help vessel operators determine data trends, while allowing EPA to verify that a system is operating as designed. The vendor’s Operating and Maintenance Manual explains the applicable sensors and other control equipment for the ballast water treatment system and should specify requirements for maintaining those systems. They may also specify what constitutes a range of stable operating conditions for the system. Many ballast water

tre atment system manufacturers require that the BWTS monitoring and recordkeeping are operated continuously to assure the system is functioning as designed. EPA requires vessel owner/operators to operate the system according to such specifications. Appendix J in the permit contains all the treatment processes and required monitoring parameters that EPA believes are currently widely used in existing ballast water treatment systems. EPA expects that most ballast water treatment systems will incorporate multiple treatment processes (e.g., filtration plus electrochlorination). Based on ballast water treatment system status reported in Albert et al. (2010), the vast majority of systems use between two and four treatment processes. EPA expects

that vessel owner/ operators will only monitor for a subset of parameters contained in Appendix J in the permit that are for processes incorporated into the design of their ballast water treatment

system.

When alarms are initiated, or when sensors indicate the ballast water treatment system is not functioning properly, the vessel must not discharge ballast water. Ballast water discharge can resume only after correcting the problems with the system and reestablishing stable operating conditions.

Routine maintenance of the b allast water treatment system and troubleshooting procedures are typically clearly defined in the system’s Operating and Maintenance Manual kept onboard the vessel. All maintenance activities related to the ballast water monitoring system and overboard discharge control unit must be recorded, and the information must remain on board the vessel for three years for inspection purposes. In addition, vessel staff training must include familiarization with the operation and maintenance of the ballast water overb oard discharge control and monitoring equipment ( see Part 2.2.3.1 of the permit). All ballast water treatment systems must be inspected on a monthly basis to determine both short-term and long- term maintenance needs as specified in the vendor’s Operating and Maintenance Manual.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

86 4.4.3.5.1.1.2 Ballast Water Monitoring Equipment Calibration

All applicable sensors and other control equipment must be calibrated as recommended by sensor and equipment manufacturers, or by ballast water treatment system manufacturers or

when war ranted based on device drift from a standard or calibrated setting. At a minimum, all applicable sensors and equipment must be calibrated annually, however EPA fully expects many sensor types (e.g., pH probes, TRO sensors, DO probes) will need to be calibr ated on a more frequent basis. The vessel owner/operator must do so if specified by the probe or ballast watertreatment system manufacturer. Calibration of the sensors and equipment can be conducted onboard the vessel or they can be removed and shipped to the manufacturer for calibration. For some probes, vessel owner/operators may want to switch out electrodes more frequently, e.g., once every four months, to maximize accuracy of their probes. During any period when the sensors are not installed and op erating on the ballast water treatment system, the vessel must not discharge ballast water.

Ballast water treatment systems that are equipped with automated control systems that initiate a sequence to stop the overboard discharge of the effluent in the ev ent of alarm conditions must be subjected to an annual functional test. The detailed program for a functional test of such equipment is typically developed by the manufacturer, taking into account the features and functions of the specific design of the eq uipment and the operating and discharge conditions monitored. A copy of the functional test protocol must be carried aboard the vessel at

all times.

4.4.3.5.1.1.3 Effluent Biological Organism Monitoring

Biological indicator compliance monitoring sampling is intended to verify the treatment system is operating properly by collecting a small volume sample and analyzing the sample for concentrations of certain biological indicator parameters. Analysis of concentrations of indicator organisms must include at least E. coli and enterococci bacteria. Biological indicator compliance monitoring sampling of ballast water effluent must be conducted 2 times per year for vessels with type approved devices for which high quality type approval data are available, and 4 times per year f or non-type approved devices or type approved devices for which high quality data are not available, no closer than 14 days apart on water treated during separate treatment episodes, to verify the system is operating properly. Table 2 in the permit lists the biological indicator compliance monitoring sampling analytical methods and effluent limits for treated ballast water.

For today’s proposed permit, EPA has required monitoring of organisms in discharged ballast water, but has limited the scope of the org anisms monitored to the bacterial indicators specified in the discharge standard. EPA has limited the scope of biological monitoring due to logistical constraints of conducting such monitoring. In particular, the collection of adequate representative sam ples for analysis of larger organisms, which can involve significant volumes of water (3

- 5 cubic meters), could be impractical during the intensive activities associated with conducting cargo operations (including the management of ballast water to adjust for changes in the amount and distribution of cargo within the ship) during relatively limited times during which vessels are at dock. EPA specifically requests comment on the practicability of conducting monitoring of living organisms in ballast water during the initial, and subsequent regularly scheduled annual, intermediate, and renewal surveys as described in Regulation E-1 of the IMOProposed 2013 Vessel General Permit (VGP) Fact Sheet

87 BWM Convention. EPA requests whether this more robust monitoring should be required in addition to, or in lieu of, the biological monitoring proposed in today’s permit.

EPA has established effluent limits for three pathogen indicators: Escherichia coli

, enterococci, and Vibrio cholerae , consistent with the US. Coast Guard Phase I standard. However, EPA notes that the Agency is requiring monitoring for Escherichia coli and enterococci; but the Agency is not requiring monitoring for Vibrio cholerae . The agency is not requiring monitoring for Vibrio cholerae because the Agency has found this test to be expensive,

and based u pon conversations with several ballast water treatment system testing laboratories (e.g., Naval Research Lab, Maryland Environmental Resource Center, the Royal Netherlands Institute for Sea Research), the Agency believes that monitoring of this parameter would generally not result in the detection of the presence of this pathogen, even if the ballast water treatment system were not fully functional. Importantly, EPA also notes that Part 136 methods are not available for detecting Vibrio cholerae in wastew ater.EPA is also requiring monitoring for total heterotrophic bacteria to establish better information about how bacterial communities respond to ballast water treatment. EPA has found this test to be affordable, and the sample can be collected at the same time other effluent samples are collected.

Effluent biological organism monitoring is required either twice per year or four times per year, dependent on whether the system is a type approved device for which high quality type approval data are available. For vessels with a ballast water treatment system for which high quality type approval data are available, EPA believes that requiring monitoring twice per year will assist in assuring that the system is being maintaine d and performing to reduce the concentration of living organisms in the discharge.

EPA expects that the vast majority of vendors will either get their systems type -approved by the US Coast Guard, or at minimum, will share their full type approval data pa ckages with the US government during this permit term. However, EPA notes that some vendors and/or flag administrations have shown a reluctance to share necessary data. Lack of data availability has been noted as a significant impediment to effectively e valuating the efficacy of ballast water treatment systems (Albert, 2011; EPA SAB, 2011). For those systems for which data are not fully transparent, EPA must receive a higher degree of assurance that the systems are functioning so that they are effective, and that they are effectively eliminating living biological organisms (to the extent allowed by existing testing methodologies). As a result, EPA has required monitoring on a more frequent basis for any ballast water treatment system for which adequate data (e.g., full data packages submitted to flag administrations) are not available. Hence, the monitoring frequency is increased to four times per year for vessels using a ballast water treatment system

which full data are not available to the US EPA and th e US Coast Guard.

EPA is specifically requesting comment on whether the Agency should also reduce the monitoring frequency for vessels which use a treatment system for which all type approval data have been made available to the Agency and whose data was taken at a 3rd party facility, but the

data was not taken in accordance with ETV protocol.

EPA’s SAB found that “Measuring adherence to a standard that is 10x more stringent may be possible if a continuously isokinetically taken representative sample is u sed” (EPA SAB, 2001, page 29). In addition, the SAB reported, “New or improved methods will be required toProposed 2013 Vessel General Permit (VGP) Fact Sheet

88 increase detection limits sufficiently to statistically evaluate a standard 10x more stringent than

IMO D -2/Phase 1; such methods may be available in the near future.” EPA is working with the Coast Guard to develop improved testing protocols that might establish whether treatment systems are able to remove organisms to a greater extent than the proposed standards. As part of this process, EPA, working through the ETV program, has a public participation process. The Agency encourages the participation of all interested stakeholders in order to best inform the Agency’s decision making on developing new and updated testing protocols. The most recent version of the ETV Protocols (EPA, 2010) can be found at http://www.epa.gov/nrmrl/pubs/600r10146/600r10146.pdf . Information on EPA’s ETV program

can be found at: http://www.epa.gov/nrmrl/std/etv/index.html . EPA believes that development of more sensitive testing protocols is a desirable goal and requests comment on other information that would inform EPA’s understanding of the potential availability of more sensitive test methods that could support a more protective numeric standard.

4.4.3.5.1.1.4 Authorization of Residual Biocides Associated with Ballast Water Treatment Systems

Many ballast water treatment systems produce or use bioci des as an agent to kill organisms present in ballast water discharges. The definition section of the permit contains a definition of biocides subject to these provisions. Ballast water treatment systems that use biocides as active

substances have the reaso nable potential to cause or contribute to an excursion of applicable numeric and/or narrative criteria for the protection of aquatic life. EPA established the biocide

effluent limitations contained within Part 2.2.3.5.1.1.5 of the VGP to ensure that such discharges are controlled as necessary to ensure compliance with applicable water quality standards, pursuant to 122.44(d)(1)(vi) and (vii).

EPA assumes that a subset of the BWTS installed use biocides as disinfection methods and would have the potential to discharge residual biocides and therefore be subject to the 2013 VGP requirements found in Part 2.2.3.5.1.1.5 of the Permit. According to Lloyd’s Register (2011),

about half of the 200 BWTS installed as of June 2011 use chemical disinfection methods that have the potential to discharge residual biocides.

EPA notes that this permit does not authorize the use of dispersants in the vessel owner/operators’ ballast tanks which may remove the appearance of a visible sheen from the discharge.

The concern with respect to the aquatic environment is that if the treated ballast water

contains biocides or their derivatives at levels that are still toxic at the time of discharge, then organisms in the receiving water may be harmed. Part 2.2.3.5.1.1.5 of the permit thus contains specific limitations with respect to discharges of biocides or their derivatives. The permit contains a requirement that any balla st water technology must not discharge (and therefore, must not use) any “pesticide” within the meaning of FIFRA unless the pesticide has been registered for use in ballast water treatment under such Act, or unless the pesticide is generated solely by

the use of a “device,” within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.136 et seq. (“FIFRA”), on board the same vessel as the ballast water to be treated.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

89 In addition, the permit contains specific limits for commonly us ed biocides in ballast water treatment systems. Chlorination (generally via hypochlorite electrolytic generation) is a commonly used disinfection technology and is known to be proposed for use in ballast water treatment systems. As in the 2008 VGP, the permit provides that Total Residual Chlorine (TRC) may not exceed 100 micrograms per liter (μg/l) as an instantaneous maximum. Routine methods

for de

- chlorination of treated water are well demonstrated, and in selecting this limit EPA considered existing TRC limits found in a number of NPDES permits for publicly owned treatment works, with the TRC limit for this permit reflecting the median limit for the permits

reviewed.

For today’s permit, EPA has also established a discharge limit for ozone, expressed as an instantaneous maximum 100 micrograms per liter (μg/l) of Total Residual Oxidizers (TRO as TRC). EPA requires analysis of TRO in ballast water effluent using either of two standard DPD colorimetric methods recognized in the international community: Sta ndard Methods 4500- Cl G and International Organization for Standardization (ISO) Method 7379/2. Although these methods were originally developed to determine residual chlorine, many oxidants used as disinfectants react directly with the colorimetric indica tor, thereby allowing for the determination of total residual oxidizers. Examples of detected oxidants relevant to ballast water treatment technologies include chlorine, chlorine dioxide, ozone, bromine, hydrogen peroxide, and disinfectant by -products such as chlorite and chlorate. Because the photometric equipment compares the colorimetric response of the sample to its calibration developed based on chlorine, results are reported as Cl2/L.

EPA has established a limit of 200 micrograms per liter (μg/l) of C hlorine Dioxide for systems using Chlorine Dioxide as a biocide. The manufacturer of one chlorine dioxide based system provided information on aquatic toxicity tests performed in support of achieving discharge approval from the Washington State Department of Ecology and GESAMP. These data were submitted to EPA in response to EPA’s 2010 Federal Register notice seeking additional information for this permit. In its supporting documentation, the manufacture assessed chlorine dioxide effects on the survival and growth of silverside minnows ( Menidia beryllina ) and mysids ( Americamysis bahia ), survival and normal development for mussel ( Mytilus sp .) and Pacific herring ( Clupea pallasi ) embryos, germination and germ tube length for giant kelp ( Macrocystis pyrifer a ) zoospores, 96- hour population growth for diatoms ( Skeletonema

costatum ), and 96-hour survival for Pacific herring larvae. They documented EC50 concentrations around 0.2 mg/L (equal to 200 μg /l) chlorine dioxide for the most sensitive test endpoints (i.e., mussel normal-survival, kelp germination, and kelp germ tube length). The manufacturer noted that the observed toxic thresholds were sharp and that the effects disappeared when concentrations reached 0.15 mg/L chlorine dioxide. Hence, based on these results, and to be consistent with recommendations made by GESAMP, EPA established the limit of 200 micrograms per liter (μg/l) of Chlorine Dioxide.

EPA has also proposed limits for Peracetic Acid at 500 micrograms per liter (μg/l) and Hydrogen Peroxide at 1 000 micrograms per liter (μg/l) for systems using peracetic acid. Those limits were recently proposed by the GESAMP Ballast Water Working group for one ballast water treatment system which uses Peraclean (a peracetic acid based biocide). EPA notes that in low temperature, low salinity and/or low organic carbon concentrations, self-degradation of peracetic acid slows, maintaining ballast water effluent concentrations that are toxic to aquaticProposed 2013 Vessel General Permit (VGP) Fact Sheet

90 organisms (MEPC 54/2/12 Annex 5; de Lafontaine, 2006; MEPC 62.2). Effluent toxicity can be mitigated by using a chemical neutralization step (e.g., sodium sulfite addition) if natural degradation is not sufficient to reduce effluent concentrations of these active substances to the proposed limitations.

EPA is specific ally requesting comments on the appropriateness of these biocide discharge limits. In particular, EPA is requesting comment on whether the limit for peracetic acid is adequately protective of coldwater environments. EPA is also specifically requesting co mment on the achievability of these limits using shipboard technology.

Additionally, EPA is specifically requesting comment on whether the Agency should

establish additional effluent limits for residual biocides or residuals , including, but not limited to, menadione. Please supply any supporting information with your comments, including available toxicology data and information on appropriate methods.

The permit further provides that in order to be eligible for coverage under the general permit, any othe r discharged biocides or derivatives (other than those listed above) may not exceed any recommended acute water quality criteria listed in EPA’s 1986 Quality Criteria for Water [the Gold Book] and subsequent revisions published prior to issuance of today’s permit. The Gold Book and updates can be found at www.epa.gov/waterscience/criteria/library/goldbook.pdf . Those numeric criteria were developed by EPA under authority of section 304(a) of the CWA based on the latest scientific information on the relationship that the effect of a constituent concentration has on particular aquatic species and/or human health. Normally, the CWA section 304(a) criteria are not regulations and do not impose binding requirements, but rather are information that EPA provides periodically to the states as guidance for use in developing numeric criteria for inclusion in State water quality

standards under section 303 of the CWA. See 40 CFR 131.3(c). In this permit, however, EPA is using the CWA section 304(a) criteria as an end- of

- pipe limitation because a variety of biocides might be proposed for use in ballast water treatments systems, and the section 304(a) criteria address a wide variety of chemicals, identifying numeric criteria intended to safeguard aquatic life and human health. Because the ballast water treatment systems subject to such limits are using biocides, which by definition are intended to be applied at levels that are toxic to organisms (i n ballast water), EPA believes that such compliance is appropriate for use as a permit condition for coverage under this general permit.

Because an exceedance of the effluent limits in Part 2.2.3.5 of the permit is a permit violation, if vessel owner/opera tors are concerned that that their discharges from vessel discharges might exceed these limits, they are encouraged to first conduct land

- based testing

before installation on a vessel.

4.4.3.5.1.1.5 Residual Biocide or Derivative Monitoring

While ballast water treatment technologies reduce the probability of invasion, such treatment may introduce other water quality impacts, such as toxicity. For example, the addition

or in -process generation of disinfecting chemicals may result in an effluent with some residual toxicity . Depending on the predicted or measured oxidant levels in the ballast water, a chemicalProposed 2013 Vessel General Permit (VGP) Fact Sheet

91 neutralizing agent may be applied before ballast water discharge. 19 Use of chemical biocides also has the potential for generation of disinfection by-products, such as trihalomethanes and haloacetic acids. Currently available technologies use chemical neutralization or other means to mitigate residuals, but are not able to reduce disinfection byproducts of concern once created.

Based upon the potential discharge of residual biocides, EPA has incorporated monitoring requirements for both type approved ballast water treatment systems and experimental ballast water treatment systems which use an active substance in Part 2.2.3.5 of today’s permit. For vessels having ballast water treatment systems that either add or generate biocides for treatment (e.g., chlorine, chlorine dioxide, ozone, etc.) the vessel must conduct monitoring of the vessel ballast water discharge for any residual biocides to demonstrate compliance with the limits provided in Table 5. For example, if chlorine biocide is used in ballast water treatment, the vessel owner/operator must test four times per year for residual chlorine in the vessel ballast water discharge. All sampling and testing for residual bio cides shall be conducted using sufficiently sensitive 40 CFR Part 136 methods or other methods if specifically listed. If methods for a particular residual biocide are not available in 40 CFR 136, then an other method may also be used (e.g., ISO methods). Sensors or other test equipment that continuously monitor residual biocide in ballast water discharge must be sufficiently sensitive to measure biocide concentrations before and after any neutralization process to verify discharge concentrations and

to control the neutralizer dose.

If a ballast water treatment system uses a biocide not listed in Table 4 , the residual biocide 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 d ischarge. 20

As with biological monitoring, EPA has required different monitoring frequencies for vessels utilizing a ballast water treatment system where high quality type approval data are available to the US EPA and the US Coast Guard. As previously dis cussed, EPA expects that the vast majority of vendors will either get their systems type approved by the US Coast Guard, or at minimum, will share their full type approval data packages with the US government during this permit term. For those systems, EP A has required that the vessel owner/operator must initially take at least three (3) samples on different days from different treatment episodes over a 180-day period that are representative of the treated ballast water discharge. This is required to

demo nstrate that residual biocides are in compliance with the permit effluent limits and/or to generate information for EPA which will assist the Agency in evaluating whether certain biocides or their byproducts are likely to cause or contribute to a violation of water quality standards. 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 by the test method for each tested constituent. Thereafter, the vessel must conduct maintenance sampling and analysis for residual biocides at least two (2) times per year of the vessel ballast water discharge to demonstrate continued compliance with

19 USEPA, Science Advisory Board (SAB), Ecological Processes and Effects Committee, Efficacy of Ballast Water Treatment Systems, June 2011.

20 USEPA, Quality Criteria for Water [Gold Book], 1986. www.epa.gov/waterscience/criteria/library/goldbook .pdf.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

92 effluent limits and to pr oduce information regarding the continuing performance of the systems and how they might impact the aquatic environment.

For those systems for which high quality data are not fully available to EPA and the Coast Guard, EPA must receive a higher degree of assurance that the systems are functioning effectively so that they are not releasing harmful quantities of residual biocides or byproducts into the aquatic environment. As a result, EPA has required monitoring on a more frequent basis for any ballast water treatment system for which adequate data (e.g., full data packages submitted to flag administrations) are not available. Hence, vessel owner/operators employing these systems must initially take at least five (5) samples on different days from different treatment episodes over a 180- 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 by the test method for each tested constituent. Thereafter, the vessel must conduct maintenance sampling and analysis for residual biocides at least four (4) times per year of the vessel ballast wate r discharge to demonstrate continued compliance with

the effluent limits.

For all ballast water treatment systems, the minimum time period between ballast water sampling events for residual biocides cannot be less than 14 days. EPA has required a minimum time of 14 days between sampling events to assure that the system is performing over time during a given a year. EPA is not requiring monitoring on specified schedule (e.g., once per quarter) because ballast water discharge events might be episodic for some vessel owner/operators, and EPA wanted to provide flexibility to vessel owner/operators as to when they could collect samples. For vessels that only enter U.S. waters on a limited basis (i.e., one time per year or less), the vessel must have conducted ballast water monitoring for residual biocides within the previous year and upon discharge into U.S. waters. If any of the initial or maintenance samples exceed the effluent limits specified in Part 2.2.3.5.1.1.5 of the VGP, the vessel owner/operator must immediately cease discharging from the treatment system and undertake steps necessary to achieve compliance.

Biocides can also generate derivatives in ballast water that have aquatic toxicity when released to the environment. For example, chlorine combine d with organic material can generate short chain volatile hydrocarbons (e.g., trihalomethanes). In addition to monitoring for the biocide, vessels must also conduct ballast water effluent sampling for biocide derivatives on the

same schedule discussed abov e. The minimum time period between sampling ballast water sampling events for biocide derivatives cannot be less than 14 days.

4.4.3.5.1.1.6 Use of Biocides not Specifically Addressed in Part 2.2.3.5.1.1.1of the Permit

The list of specific biocides authorized in Sectio n 2.2.3.5.1.1.1 of the permit, including Table 5 of the permit an d those listed in the Gold Book contains most biocides, and/or the derivatives from such biocides, currently in use or potentially to be used in ballast water treatment systems of which EPA is aware. EPA specifically solicits comment with respect to information about any other biocides currently in use or under development that are not authorized in Section 2.2.3.5.1.1.1. Should EPA become aware of such biocides, or the derivatives of such biocides, during the comment period, EPA may, if appropriate, take steps toProposed 2013 Vessel General Permit (VGP) Fact Sheet

93 develop limitations or otherwise authorize those biocides, and/or their derivatives in Section 2.2.3.5.1.1.1 in the final permit. Such specific authorization of the discharge of biocides, and/or their derivatives, is EPA’s preferred method of addressing the discharge of biocides not otherwise addressed in the permit.

If after permit issuance, a biocide and its derivatives used or produced by a BWTS are not listed in Section 2.2.3.5.1.1.1 or found in EPA’s Gold Book, the permit provides that a vessel owner or operation must notify EPA at least 120 days in advance of its use and provide any associated aquatic toxicity data for that biocide or its derivatives of which they are aware. EPA may impose additional limitations on a vessel specific basis, or require the owner/operator to obtain coverage under an individual permit, if necessary. EPA may inform the vessel owner / operator of specific requirements. You may not discharge the bi ocide at issue until you receive a response from EPA to your notification. EPA specifically requests comment on whether the 120 advance notice requirement is appropriate, and whether the discharge should be prohibited until the vessel owner/operator recei ves a response from EPA (e.g., should the vessel owner/operator be allowed to proceed if they do not hear back within a specified time).

EPA notes that the 2008 VGP included an alternative requirement for Whole Effluent Toxicity (WET) testing for experimental ballast water treatment systems using biocides, or which have derivatives from such biocides, for which there are not acute water quality criteria available. In today’s permit, EPA is proposing in this permit to not include the requirement for

certain vessels that employ ballast water treatment systems to perform WET testing. This provision of the 2008 VGP was only used by one vendor to date, and EPA expects that such circumstances are expected to be similarly rare in the 2013 VGP. Given this, EPA be lieves a

vessel

- specific approach is more appropriate.

In addition to seeking comment on the proposed approach discussed above, EPA seeks comment on the specifics of the following potential permit language from the 2008 VGP which could be inserted into Part 2.2.2 of the final VGP. That language would read as follows:

Whole Effluent Toxicity Testing and Monitoring

“If the biocide used or produced by your system and its derivatives are not listed in Part 2.2.3.5.1.1.5.1 or found in EPA’s Gold Book, you must conduct whole effluent toxicity (WET) testing on samples of the discharges from shipboard ballast water treatme nt systems. Samples are 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 Appendix K 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.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

94 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 disc harging from the treatment system until they obtain coverage under an individual NPDES permit.

For vessels subject to this section, you must initially conduct WET testing consistent with Appendix K of this permit using samples from the ballast water

treatm ent 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 Appendix K using different ballast water discharge events separated by at least 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.

Ther eafter, you must conduct maintenance sampling and analysis of the vessel ballast water discharge at least once per year in order to demonstrate continued compliance with the standards of this part. This sampling can be conducted as part of the vessel’s annual, intermediate, or renewal survey.

If any of the initial or maintenance samples exceed the standards specified in this Part, then the owner/operator must immediately undertake steps necessary to achieve compliance and take and submit samples demonstrating such compliance.”

Justification for Potential Supplemental Whole Effluent Toxicity testing and monitoring language

EPA requests comment on the following fact sheet language, which EPA would include if it adopted the alternative WET approach discussed above:

“As with the 2008 VGP, today’s VGP establishes WET testing. This WET testing is a requirement for VGP coverage for ballast water treatment systems using biocides, or which have derivatives from such biocides, for which there are not acute water qual ity criteria. This approach is based on existing EPA WET methods and WET testing for ballast water discharges adopted by the State of Washington, and relies primarily on the methods specified in 40 C.F.R. Part 136. The principal public comment on WET referenced the Washington State WET testing provisions for ballast water, which can be found at http://www.ecy.wa.gov/pubs/9580.pdf, appendix H. EPA used this manual as a reference in addition to WET tests consistent with past Agency practice (including Denton et al. 2007).

The WET testing provisions in the final VGP are used to assess the potential environmental effects of the resulting ballast water discharges. The WET testing end -points adopted in the final VGP are deliberately conservative in nature (e.g., applied as end-of- pipe limits without allowance for mixing) becauseProposed 2013 Vessel General Permit (VGP) Fact Sheet

95 the WET test results are to be used as a screening mechanism to determine initial and continuing eligibility for VGP coverage. Discharges of ballast water that are subject to WET testing under this VGP and that do not meet the end-points specified in the VGP would still remain eligible to secure coverage for that discharge through an individual NPDES permit from EPA. EPA cautions that WET testing should be conducted by laboratories familiar with such testing procedures.

EPA has established chronic toxicity effluent limits for this discharge. The chronic WET permit limits are any one test result greater than 1.6 TUc (during the monthly reporting period), or any one or more test results with a calculated median value greater than 1.0 TUc (during the monthly reporting period). Results shall be reported in TUc, where TUc = 100/EC25. EC25 is a point estimate of the

toxicant concentration that would cause an observable adverse effect in the 25%

of the test organisms.

WET testing under the VGP is not applicable to systems for which EPA acute water quality criteria exist with respect to the biocides used and also for all derivatives of such biocides. In addition, ballast water treatment systems usi ng solely physical ballast water treatment methods such as filtration, centrifugation, ultraviolet irradiation, or inert gas oxygen stripping methods are not subject to WET testing or the other requirements of Part 2.2.3.5.1.1.6 of the VGP because these pr ocesses should not significantly increase the medium or long term toxicity of the ballast water discharges.

Detailed specifications on how to conduct the WET testing and use the WET test results are included in Part 15 (Appendix J) of the permit. EPA expe cts that only limited numbers of vessels will be subject to WET testing under this provision, and in addition, vessels with ballast water treatment systems subject to the VGP WET testing provisions may opt not to conduct such testing and

evaluation under t he VGP WET test end -points but instead apply for an individual NPDES permit for such ballast water treatment system discharges.”

EPA also requests comment on the use of the specific WET testing protocols (included as an appendix in the 2008 VGP) that follo w below:

Procedure for Whole Effluent Toxicity Testing of Ballast Water

This appendix would apply to any vessels subject to WET testing in today’s proposed permit.

A.1 Required Toxicity Testing

A. For all ships which discharge salt water ballast into salt wa ter 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 1Proposed 2013 Vessel General Permit (VGP) Fact Sheet

96 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-R95-136),

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).

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 g rowth 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)Proposed 2013 Vessel General Permit (VGP) Fact Sheet

97 • 96- hour growth inhibition test with the n algal species ( Pseudokirchneriella subcapitata (historically referred to as Selenastrum capricornutum ) in EPA/821-R-02-013)

A.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 subletha l 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 concentr ation 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, 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.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

98 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 1 2.5%, 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 conduc ted. 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 permitt ee must re

- sample and re

- test 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. Repo rting

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 sour ce, 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 test protocolsProposed 2013 Vessel General Permit (VGP) Fact Sheet

99 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.

A.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 th e 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 t ested with all of the samples.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

100 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.

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.

9. 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.

10. 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 be tween 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 toxic ity testing.

The general process is:

11. 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,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

101 reproduction) and the EC25 for quantal endpoints (e.g., survival, larval development, fe rtilization).

12. 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 thr eshold 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. 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 neutraliz ing

chemical can be an indication of effective biocide removal.

A.4 Approval and Exceptions

If the WET option set forth above is chosen, the permittee must submit the results of the initial testing and an explanation of the appropriate methods of

ballast wat er treatment to EPA.

4.4.3.5.1.1.7 Ballast Water Treatment System Recordkeeping and Reporting

Part 2.2.3.5.1.1.6 of the permit addresses recordkeeping and reporting for vessels utilizing shipboard ballast water treatment systems. These provisions were included to ensur e that the vessel owner/operator complies with the limits previously discussed for Section 4.4.3.5 of this

fact sheet.

Like all other records required by the VGP, all records of monitoring must remain onboard the vessel for a minimum of three years and be available for inspection. Documentation regarding ballast water treatment system sensor and other control equipment calibration must

also remain on the vessel for a minimum of three years and be made available for inspection by EPA or USCG. Ballast water monitoring data (including treatment system monthly inspection records and equipment calibration records) may be kept in any form, including electro nic form, provided they can be made available to the EPA and meet the requirements of Part 1.14 of the permit. Records of monitoring shall include:Proposed 2013 Vessel General Permit (VGP) Fact Sheet

102 • The ballast water treatment system used, its type approval certificate, and records of whether the system is a vessel with type approved devices for which high quality type approval data have been made available;

• The individual(s) who performed the sampling, measurements, and/or inspections;

• The date(s) analyses and/or inspections were performed,

• Any sensor or other control equipment calibration and functional tests conducted during the inspection as applicable;

• The techniques or methods used for any sensor or other control equipment calibration and functional tests as applicable;

• The date and time of all monitor ing results (monitoring in Parts 2.2.3.5.1.1.1, 2.2.3.5.1.1.2, 2.2.3.5.1.1.4, 2.2.3.5.1.1.5 as applicable);

• The analytical techniques or methods used as applicable, and

• The results of such analyses.

Monthly sensor or other control equipment measurement records must be submitted to EPA as part of the vessel’s annual report on ballast water management. EPA found that monthly monitoring is necessary to assure that systems are functioning as designed. Due to the rigorous land based and shipboard testing these systems generally must undergo before they are installed onboard vessels, EPA believes that monitoring the functional parameters on a monthly basis provides a basic level of assurance that the systems are effectively treating the ballast water discharge and removing living organisms to the extent necessary to meet the effluent limits specified in this permit. The biological effluent monitoring of indicator organisms provides EPA added assurance (with in the limits of what is feasible with today’s monitoring technologies) that these systems are effectively killing living organisms before discharge. Furthermore, considering the nature and effect of ballast water discharges, EPA has determined that annual reporting of these monthly and other monitoring results is appropriate. See 40 C.F.R. 122.44(i). There is no need for EPA to require reporting of monitoring results more frequently than annually, as the monitoring requirements are primarily imposed to ensure that the owner/operator is aware of system malfunctions and, per Section 3.2 of the permit, takes necessary corrective action

. 21

4.4.3.5.2 Onshore Treatment of Ballast Water

For those vessels whose design and construction safely allows for the transfer of ball ast water to a third party (which may be an onshore facility or on another vessel such as a treatment barge), if such treatment for ballast water is available, practicable and economically achievable,

21 Information that a system is not running as designed would likely tell EPA nothing about how many living organisms were released during a given time period and thus their invasion potential and therefore would be of limited use to the Agency if suc h information were required to be submitted to the Agency on a more frequent basis. What is important here is that the Agency knows that when the system was found to be malfunctioning, the owner/operator took necessary corrective action. This is informat ion that will be submitted to the Agency in the annual reports and thus could form the basis for any necessary enforcement action.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

103 the vessel owner/operator may use this treatment for an y ballast water discharges, and thus not discharge ballast water to waters of the US

.

Any vessel owner/operator covered by this permit discharging ballast water to a facility

onshore or to another vessel must ensure that all vessel piping and supporting in frastructure up to the last manifold or valve immediately before the dock manifold connection of the receiving facility or similar appurtenance on a reception vessel prevents untreated ballast water from being discharged into waters subject to this permit.

Discharges containing ballast water from a vessel covered by this permit by an onshore facility or from another vessel not covered by this permit, must be authorized by an NPDES permit issued by the NPDES permit authority responsible for the waters to wh ich the discharge occurs (i.e., the state in most cases 22 ). EPA recommends that permitting authorities include conditions in the permit providing for treatment to remove living organisms at least as protective as the standards adopted in Part 2.2.3.5 or an y subsequent VGP ballast water limits. EPA notes that it has the authority to object to proposed state permits if limits are not in compliance with the

CWA (CWA section 402(d)) and intends to work with states, as appropriate, as they develop such permits.

While EPA believes that shipboard treatment of ballast water is an essential part of the solution to ballast water management for much of today’s fleet, considering their operations, use of onshore treatment systems, if available (e.g., compatible with the vessel), could be a valid and

effective fo rm of ballast water treatment. EPA’s SAB concluded that “. . . use of reception facilities may enable ballast water discharges to meet a stricter standard.” (EPA SAB, 2011, page 8). EPA is unaware of any such onshore treatment facilities capable of meeting the VGP’s 2.2.3.5 ballast water standards currently available in the U.S. (US EPA SAB, 2011). EPA seeks comment on the potential role that such treatment facilities might play in reducing the

introduction o f invasive species associated will ballast water, the levels of treatment of organisms attainable at such facilities, whether those facilities are currently available, the role such facilities might play in specific regions , and other issues related to use of onshore facilities to manage ballast water.

The potential advantages of onshore treatment facilities over shipboard treatment include: fewer onshore facilities than shipboard systems would be needed; smaller total treatment capacity would be needed; an d onshore facilities would be subject to fewer physical restrictions, and would therefore be able to use more effective treatment technologies and processes than those used for shipboard treatment (US EPA SAB, 2011). Some studies conclude that onshore

trea tment facilities are a technically feasible option for either the industry as a whole or for some part of the industry (Pollutech, 1992; NAS, 1996; Oemke, 1999; CAPA, 2000; California SWRCB, 2002; Brown and Caldwell, 2007, 2008). Others conclude that cost or other factors

22 As explained more fully in sections 3.1 and 3.5.2.1 of this fact sheet, while EPA retains the authority to permit

dischar ges incidental to the normal operation of vessels formerly subject to the exclusion from NPDES permitting at 40 C.F.R. 122.3(a) regardless of the NPDES authorization status of a state, onshore treatment facilities and treatment barges were never within the scope of that exclusion, as onshore facilities are not "vessels" and treatment barges operate in a capacity other than as a means of transportation.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

104 could limit their use to part of the industry (Victoria ENRC, 1997; Dames & Moore, 1998, 1999; Rigby & Taylor, 2001a,b; California SLC, 2009, 2010).

Implementing a national U.S. and international network of onshore reception facilities

pr esents many challenges. The most significant challenge is ensuring the availability of onshore

treatment facilities at all ports of call, because if even one anticipated port location for a vessel does not have onshore treatment, that vessel may need to in stall a shipboard treatment system, defer the discharge of ballast water, or decline to call at that port. Another critical challenge is retrofitting vessels with the appropriate pipes and pumps to move ballast water up from tanks and off the ship at a rate fast enough that the vessel can perform cargo operations without significant and costly delays. Finally, onshore treatment facilities may not provide a complete solution to ballast water treatment. For example, some vessels may need to discharge part of their ballast water before arriving at berth so they can conduct cargo operations as soon as possible following arrival at the dock (AQIS, 1993a; Oemke, 1999; Cohen & Foster, 2000; CAPA 2000; Rigby & Taylor 2001a); some vessels need to discharge ballast wa ter to reduce draft before arriving at berth (Cohen 1998; Dames & Moore 1998, 1999; Oemke 1999; CAPA, 2000, Rigby & Taylor, 2001a; California SWRCB, 2002; California SLC, 2010); and lightering vessels may need to discharge ballast as they load cargo at designated anchorages or lightering zones (CDR Gary Croot, U.S. Coast Guard, pers. comm.; National Ballast Information Clearinghouse data).

However, onshore treatment of ballast water has been used in the past to remove oil from certain ballast water discharges from certain vessels (e.g., to prevent the discharge of oily ballast water from single hull tanker vessels). Use of these facilities, with modifications made specifically to remove living organisms (e.g., filtration with second stage disinfection) might make operational sense for vessels sailing dedicated routes. For example, an oil tanker engaged in the Coastwise trade which only deballasts in the same Alaskan waters, may elect to utilize onshore treatment if a facility is available. However, should this vessel be shifted to a different route and need to deballast, they will be responsible for finding onshore treatment in the new port in the U.S, need to rapidly install a shipboard ballast water treatment system, or likely will be unable to discharge t heir untreated ballast water in compliance with this permit’s applicable requirements.

4.4.3.5.3 Use of Public Water Supply Water

EPA has addressed in the permit the use of water from US or Canadian public water supplies as a ballast water treatment method for ves sels required to complete ballast water treatment. For the 2009 US Coast Guard proposed ballast water discharge standard rulemaking,

twenty commenters 23 urged the Coast Guard to exempt vessels from having to treat their ballast

water if the water was obtai ned from a municipal water supply. The commenters stated that this is a common practice for inland towing vessels and/or barges and offshore energy services. Based in part on these comments (available in the docket for today’s permit), EPA believes that public water supply water is an option for certain vessels to use in their ballast water management approaches. Furthermore, EPA believes that water which satisfies the standards of

23 See docket number USCG

- 2001

- 10486 for all comments submitted to the U.S. Coast Guard as part of their

pr oposed rulemaking.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

105 the Safe Drinking Water Act (42 U.S.C. §§ 300f-300j) or Canada’s “Guidance For Providing Safe Drinking Water in Areas of Federal Jurisdiction” should be acceptable for use as ballast water without posing a significant threat of introducing or spreading ANS. Drinking water treatment processes require a high degree of disinfection and in many cases, filtration, which would make the likelihood of loading ANS into a vessel’s ballast tank highly unlikely. EPA notes that it has imposed several BMPs in the permit, pursuant to 122.44(k)(4), to ensure that the applicable effluent limits a re achieved. In particular, the permit provides that a vessel owner/operator must certify that it exclusively uses public water supply water in order to utilize this management measure to meet the treatment requirements of this permit. Any mixture of

wate r obtained from a source other than a facility meeting the requirements of the Safe Drinking Water Act will negate acceptability of potable water as discharged ballast water. EPA requests comment on the conclusion that use of public water supply water tha t satisfies the drinking water standards discussed above does not pose a significant threat of introducing or spreading invasive species.

However, many vessels use onboard reverse osmosis treatment or other treatment processes to generate potable drinking water. Reverse osmosis is a highly effective treatment approach to treat lower quality water to a very high standard. EPA is specifically requesting comment on whether the use of potable water generated by such shipboard treatment systems on

vessels whi ch use small quantities of ballast water, for example utilizing potable water ballast to offset fuel consumption on research vessels, is an appropriate approach to meeting the technology-based effluent limits of the 2013 VGP.

4.4.3.5.4 No Discharge of Ballast Water

A fourth option available to vessel owner/operators is to not discharge ballast water. For many vessel types and routes, this is a feasible option which is available, practicable and economically achievable.

Ballast water is treated to mitigate the risk p osed by potential ANS contained within the ballast water tank. If a vessel does not discharge any ballast water, the risk associated with such discharges is nil.

Examples of vessels which may not need to discharge any ballast water include some

cruise shi ps, container ships, and utility vessels. These vessels often have numerous ballast tanks onboard with internal piping which connects those tanks. Hence, they can internally shift ballast water between tanks as needed to adjust the trim and stability of the vessel. Other vessels, such as some tugboats, use permanent ballast and never discharge that water (AWO, 2009). In the case of offshore supply vessels, these transport potable water to offshore facilities and do not need to discharge ballast water to receiving waters (see comments submitted in response to US Coast Guard rulemaking; e.g., USCG-2001-10486-0440 and USCG-2001-10486-0457). Finally, though generally in a concept stage, some large vessels, such as tankers, have been designed to

be ballastless vessels (Mouawad, 2011; Parson and Kotinis, 2008) ; some of these designs do not substantially increase the exposed area of the hull (e.g., Mouawad, 2011) (which would increase hull fouling and might not actually reduce the transport of ANS; see ). Though likely not appropriate for all vessel designs and operations, a ballastless design might result in the elimination of ballast water discharges from these vessels.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

106 4.4.3.5.5 Schedule for when Ballast Water Treatment B ecomes BAT (and T herefore R equired)

In today’s permit, EPA has determined that when technology capable of meeting the numeric concentration-based effluent limits in Part 2.2.3.5 becomes available and economically achievable (i.e., when it becomes BAT) is a function of a vessel’s construction date, size, and class. Thus, those numeric effluent limits will become applicable as a vessel’s technology

- based effluent limits according to the schedule specified in the permit. This schedule is based on a determination by EPA that ballast water treatment technology to meet the numeric limits is or will be available and economically achievable for a vessel by the specified date. Pending installation of ballast water treatment or other methods to meet the numeric effluent limits, ballast water discharges m ust comply with the other BAT requirements (i.e., non- numeric BMPs) outlined in today’s permit.

As described more fully above, ballast water treatment technologies have been developed

that have been demonstrated to meet the IMO D-2 standard within the cont ext of typical marine vessel constraints, including restrictions on size, weight, and energy demands. While practicable for newly constructed vessels, integrating such technologies on a retrofit basis may be challenging for some vessels (US EPA SAB, 2011). Hence, based upon additional challenges associated with retrofitting the large number of vessels that will need to install treatment technologies to meet the numeric ballast water effluent limits in the draft permit ( see Bacher, 2011; Hintzsche, 2011), EPA has proposed a rolling implementation schedule that requires the installation of BWTS by the first drydocking after 2014 or 2016 (dependent upon vessel size), which may extend beyond the permit term for certain vessels. This time schedule is consistent

w ith the timelines in the IMO treaty.

EPA’s adoption of this schedule reflects the fact that the BW treatment system industry will need the additional time provided by the schedule to produce the required units, and vessel

owners will need that additional time to do the advance work necessary to ensure that they choose and secure the appropriate system for their vessels and, after making the necessary drydocking and inspection and approval arrangements, properly install the technology. Until all

of this is accomplished, treatment technology meeting the standards set out in Section 2.2.3.5 of this permit will not be “available” within the meeting of the Clean Water Act. Because it is well

known that the IMO standards will imminently come into effect (and US CG ballast water rulemaking has been proposed and slated to be finalized), manufacturers and vessel owners have been engaging in the multi-year planning necessary to implement the IMO standards on the IMO schedule. Thus, the industry as a whole should be on track to have treatment technologies installed on that schedule. Although EPA did consider accelerating this schedule in the draft VGP, the Agency decided against doing so, based on concerns that altering the anticipated

schedule at this late a date co uld disrupt the industry’s prior planning and perhaps even result in further delays. Given the magnitude of the task for installing ballast water treatment systems, EPA believes that the timeframes for when treatment technology becomes “available” to meet

the limits found in Part 2.2.3.5 of the VGP is reasonable. Further discussion of the factors that informed EPA’s adoption of the IMO timeline follows:

Manufacturing capacity: The ballast water treatment system industry is relatively young and currently has a limited production capacity. As of February, 2010, Lloyds Register (2010) estimated that there were 119 ballast water treatment systems installed worldwide. As of JuneProposed 2013 Vessel General Permit (VGP) Fact Sheet

107 2011, Lloyds Register (2011) estimated that a total of 200 systems have been inst alled on vessels worldwide. The government of Japan estimates that more than 70,000 vessels worldwide will need to be fitted with ballast water treatment systems (MEPC 61/2/17); see Figure 1 below. King (2010) notes that even on the IMO schedule, 20,000 to 30,000 systems may need to be installed on vessels per year. If EPA were to require all systems be installed within a 1 -2 year period, even only on vessels operating in US waters, it would be highly unlikely that vendors could meet production demand for the large number of vessels operating in US waters during that time. Furthermore, by spreading the production of systems over several years, vendors will have the opportunity to perfect and improve systems, such that any defects or shortcomings observed in the first systems produced and installed can be corrected.

Figure 1. Installation Schedule of Ballast Water Treatment Systems Estimated by the Government of Japan (MEPC 61/2/17).

Drydock availability: E PA expects that most existing vessels will need to enter drydock to install a ballast water treatment system and have that installation inspected and approved by their class society and/or flag administration. It is EPA’s understanding that vessels drydock on a three to five year cycle and vessels typ ically arrange for drydocking many months to years in advance. Drydocking must take place no less than once every five years (EPA SAB, 2011 citing

ABS SVR 7/2/1 -11), meaning that vessel owner/operators cannot put off installation of ballast

water treatmen t systems indefinitely. Furthermore, worldwide drydocking capacity is limited, and all vessels would not be able to enter drydock within the same year. Hence, it is not feasible to expect all existing vessels which operate within US waters to install ballast water treatment systems within a short period of time (e.g., one or two years).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

108 Retrofitting: Installation of ballast water treatment systems on existing vessels is more complicated than installation on new-build vessels (ABS, 2010; GLBWC, 2010). Wh ereas owner/operators of new build vessels have known about ballast water treatment systems and potential requirements, and so could design vessels for their ultimate inclusion, previously constructed vessels are likely to have additional design challenges (Bacher, 2011; Hintzsche, 2011). For instance, many vessels have space or energy limitations, which reduce a vessel’s options for which systems they select (Albert and Everett, 2010). Additionally, many vessels will have to install additional ballast sys tem access points and sampling ports; all of which must be designed before installation. Hence, for existing vessels, installation of a ballast water treatment system is not a turn -key operation, and owners will need some time to identify, procure and

ins tall the appropriate system for their vessel and its operating circumstances.

Economic Impacts: Please see the discussion above under “Ballast water treatment requirements in the 2013 VGP are economically practicable and economically achievable” for a discussion of what a more rapid implementation schedule might mean economically.

EPA believes that a less rapid implementation schedule than the IMO schedule is also not reflective of BAT. Vessel owner/operators have had many years to prepare for the installation of ballast water treatment systems, and as discussed earlier in this fact sheet, numerous ballast water treatment systems are available today. Installation deadlines (e.g., when installation of a treatment system becomes BAT) for existing vessels be gin more than 1 year after the anticipated finalization of the next VGP and treatment system requirements phase in over a multi

- year period. If vessel owner/operators anticipate complications with installing ballast water treatment systems during the 2016 to 2019 time period due to high demand and treatment system manufacturer backlog, EPA strongly advises these owner/operators to begin planning and, as appropriate, taking concrete steps, to avoid these complications today. This may even include

installi ng ballast water treatment systems during a drydocking before January 1, 2016 in those cases where vessel owner/operators can plan, design, and procure a ballast water treatment system for one or more of their vessels in this shortened time period.

EPA al so notes that the CWA requires that BAT be required no later than July 1, 1989 or for entities permitted for the first time after that date, BAT must be achieved immediately upon permit effectiveness. CWA section 301(b)(2). When EPA issued the first VGP in 2008, it established BAT for all vessels, and thus satisfied the statutory timeframe obligation. In this next iteration of the permit, EPA is ratcheting down to a more stringent BAT numeric effluent limitation for certain vessels over time, based upon w hen technological advancements will make these more stringent limits available and practicable and economically achievable. For certain dischargers, EPA has determined that the technology will be available, practicable and economically achievable at time o f permit issuance, and therefore the numeric limit constitutes BAT at that time. For other dischargers, EPA has determined that the technology will be available, practicable and economically achievable over time, and therefore the numeric limits constitute BAT on the dates specified in the implementation schedule.

4.4.3.5.6 Vessels N ot Required to Meet Part 2.2.3.5 T reatment Standards

The numeric concentration

- based treatment limits do not apply to all vessels subject to this permit. Separate technology -based effluent limitations, in the form of BMPs under 40 CFRProposed 2013 Vessel General Permit (VGP) Fact Sheet

109 122.44(k)(3) (e.g., Part 2.2.3.3 and 2.2.3.4 of the permit), apply to the vessel classes discussed

below:

4.4.3.5.6.1 Vessels Engaged in Short-D istance V oyages

The following vessels, regardless of size, build date and type are not required to meet the ballast water discharge standards found in Part 2.2.3.5 of this permit:

• Vessels stay with in a single US Coast Guard Captain of the Port (COTP) zone , and

• Vessels which do not travel more than 10 nm and cross no physical barriers or obstructions (e.g., locks), whether or not they operate within one US Coast Guard COTP

zone.

EPA has not mandate d that vessels meet the numeric ballast water effluent limits in Part 2.2.3.5 for these vessels operating on generally short routes to minimize other non water-quality environmental impacts. 40 CFR § 125.3(d)(3). Such limits are based on the application of certain technologies, and as discussed below, use of ballast water treatment systems results in some non- water quality environmental impacts, including increased energy usage and increased carbon emissions. Vessels which operate on short routes may di scharge ballast water more frequently than vessels on longer routes, and as such, would have higher non- water quality impacts (e.g., higher energy usage, increased greenhouse gas emissions) per distance travelled.

Furthermore, many existing ballast water treatment systems use biocides ( see Albert et al, 2010 for a list of ballast water treatment systems using biocides as of June 2010; Lloyd’s 2011 estimates approximately half of all ballast water treatment systems installed to date use a biocide). These biocides often need minimum contact time to be effective – short distance voyages might not provide this necessary time. Additionally, the discharge of ballast water treated with biocides may contain residuals or byproducts from that treatment, and short voyage times may not permit adequate decay or neutralization.

EPA is proposing a definition which makes use of US Coast Guard COTP zones and distance travelled. For the first option of what constitutes a short voyage, EPA chose the US Coast Guard COTP zone as the boundary within which vessels might voyage without having to meet the limits found in Part 2.2.3.5 of the VGP, as this is a well known administrative district for vessel owner/operators. For example, the US Coast Guard (and the US EPA in the 2008 VGP) does not require ballast water exchange if vessels stay within the COTP zone.

The second option for what constitutes a short voyage under the VGP is for vessels such as cross river ferries that might cross a US Coast Guard COTP boundary. Though EPA is not aware of any specific vessels which currently meet these criteria, EPA did not want to inadvertently require ballast water treatment systems for vessels that would result in result in other environmental impacts (e.g., more biocides added to the aquatic environment, more fuel consumed and greenhouse gasses released). If a vessel crosses a US Coast Guard COTP boundary, however, EPA limited the maximum distance which could be voyaged to no more than 10 miles to be considered a short voyage. Additionally, to be considered a short voyage, the vessel cannot cross a physical boundary (e.g., lock, falls). EPA included this upper bound toProposed 2013 Vessel General Permit (VGP) Fact Sheet

110 limit the dispersal of ANS across Coast Guard COTP boundaries (e.g., from one estuary to a nearby coastal estuary) or across potential obstructions to the dispersal of invasive species.

Finally, EPA notes that vessels which travel short distances and do not cross physical barriers are less likely to pose risk in widely dispersing living organisms.

EPA is specifically soliciting comment on this definition of short distance voyage. Are these the appropriate definitions of such a voyage? Are these definitions workable for vessel operators? Are there alternative suggestions? For instance, is there an existing approach to defining geographic boundaries based upon ecological criteria which would be appropriate? If so, why are these appropriate? Please provide any supporting data and rationale with your

comments.

4.4.3.5.6.2 Unmanned, Unpowered Barges

Unmanned, unpowered barges gener ally move in the inland and coastal waterway system to transport low-value bulk items such as grain, coal, or iron ore. These vessels are roughly equivalent to a maritime railway car and are not manned with crew and do not have

infrastructure that allows for complex or energy intensive operations. EPA understands that ballasting for barges is typically done in limited locations to pass under bridges and that the ballast intake and discharge occur immediately before and after transit under the bridge. In other cases, these barges ballast to improve stability in stormy conditions or other rough water. The vessels typically do not have dedicated ballast water tanks but can use wing tanks (void space) in the hull when ballasting is necessary. Minimal water is used for ballasting and EPA does not believe that barges are a significant discharger of ballast water.

Unmanned, unpowered barges have been recognized as posing unique challenges for managing ballast water. For instance, EPA’s SAB board notes:

Inland w aterways and coastal barges are not self -propelled, but rather are moved by towing or pushing with tugboats. Because these vessels have been designed to transport bulk cargo, or as working platforms, they commonly use ballast tanks or fill cargo spaces

wit h water for trim and stability, or to prevent excessive motions in heavy seas. However, the application of [Ballast water management systems] on these vessels presents significant logistical challenges because they typically do not have their own source of power or ballast pumps and are unmanned (EPA SAB, 2011, 40).

Due to the complexities of operating existing type approved ballast water treatment systems, EPA has determined that treatment technologies are not currently available for unmanned, unpowered b arges which meet the IMO discharge limit. As a result, EPA has not proposed numeric treatment limits for unmanned, unpowered barges.

EPA is specifically seeking comment on the appropriateness of this determination and whether unmanned, unpowered barges hav e technologies available to meet numeric ballast water treatment limits. EPA also is specifically seeking comment as to how these vessels utilize ballast water, and whether the Agency’s understanding of their ballasting patterns is correct.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

111 4.4.3.5.6.3 Existing Bulk Carrier Vessels (Co mmonly Known as Lakers) B uilt Before January 1, 2009, Confined E xclusively to the Great Lakes Upstream of the Welland Canal

As discussed by EPA’s SAB, existing Lakers face unique operational and design

constraints:

In addition to specific environmental and vessel applications, vessel type and vessel operations can dictate [Ballast Water Management System] applicability. Although a multitude of vessel designs and operation scenarios exist, a few important examples of specific constraints can greatly limit treatment options. Perhaps the most dramatic limitations are found with the Great Lakes bulk carrier fleet that operates vessels solely within the Great Lakes with large volumes of fresh, and often cold, ballast water (“Lakers”). The vessels in this fleet have ballast volumes up to 50,000 m3, high pumping rates (up to 5,000 m3/hour), uncoated ballast tanks (older vessels), and some vessels have separate sea chests and pumps for each ballast tank. A further confounding issue is that voyages taken by Lakers average four to five days, with many less than two days. Given these characteristics, a number of limitations are imposed. . . SAB 2011, 40.

Due to the challenges of installing ballast water treatment systems currentl y available on the confined Laker fleet, and the lack of currently available ballast water treatment systems appropriate for these vessels, alternative technologies are being researched. For example, ongoing research by the Great Ships Initiative (GSI), A merican Steamship Company (ASC), the National Park Service (Isle Royale National Park) and the United States Geological Survey (USGS) is being conducted to test the efficiency of various biocide introduction scenarios into a ship's ballast tanks. Bench- sc ale and land -based tests of various biocides and neutralizing agents have been conducted by GSI (Cangelosi, 2011), and in August 2011, GSI conducted the first ship board test of a sodium hydroxide biocide with carbon dioxide neutralizing agent onboard the ASC’s vessel M/V Indiana Harbor, a confined Laker. As of issuance of the draft permit, the results of this test are not yet available. This technology is in the experimental testing stage, and thus there are many unresolved issues, including: the efficacy of this or other biocides; whether the active substance used to kill the organisms in the ballast water can be sufficiently neutralized prior to or during discharge so as to not cause toxic effects to the aquatic life of to the surrounding water; whether there are other parameters of concern (such as dissolved solids, chlorides, sodium, salts, acidity, etc.) in such a discharge that may have deleterious environmental effects; as well as potential for such systems and chemicals to pose harm to the ship’s crew or the ship itself. Nonetheless, if these issues can be appropriately addressed, such as if an active substance and disinfection regime can be identified, such technology might be a potentially useful treatment technology for the confined Lakers. EP A will closely follow the state of technologies currently being tested for the confined Lakers and will consider revising permit requirements during the term of the permit when such technologies do become available.

For today’s permit, EPA proposes that existing confined Lakers would not be subject to the requirement to meet the effluent (and related) limits in section 2.2.3.5 during the term of this permit. However, EPA is including a permit reopener condition that addresses EPA’s ability to modify the per mit to require installation of ballast water treatment systems when such systems become available. EPA advises Laker owner/operators that EPA intends to promptly exercise the permit reopener to initiate the process to modify the permit if such systems bec ome availableProposed 2013 Vessel General Permit (VGP) Fact Sheet

112 during the permit term. These requirements may include requiring that effluent meet levels achievable by treatment with an IMO type approved device or requiring an alternative technology- based ballast water effluent limit.

EPA is specifica lly requesting comment on whether “existing confined Lakers” built before January 1, 2009 that operate exclusively in the Great Lakes upstream of the Welland Canal should be required to use a ballast water treatment system to meet the ballast water

dischar ge standards found in Part 2.2.3.5 of this permit under the implementation schedule found in Part 2.2.3.5.2 of this permit. EPA is specifically requesting information about the applicability and availability of ballast water treatment systems for existing confined Lakers built before January 1, 2009. Specifically, given the constraints noted by the SAB discussed above, can the confined Lakers implement the technologies evaluated by the SAB? Are there in fact unique technologies that are available or that would potentially be available during the permit term for the confined Lakers? Are there other treatment technologies and/or methods that can be implemented by confined Lakers that can reliably treat ballast water to reduce the concentration of living organisms upon discharge? Please provide appropriate supporting documentation, including applicable data and sources for your information.

New Lakers

All Lakers built after January 1, 2009 must meet the ballast water treatment limits found in Part 2.2.3.5 of the permit. EPA selected January 1, 2009 as the cutoff date because this is the date that IMO originally first required treatment for some new build vessels. Any vessel owner/operators building or contracting vessels after this date were well aware of the need to design their systems to meet ballast water discharge limits and EPA therefore assumes that such vessels were so designed. EPA notes that the IMO schedule was extended for vessels with less than 5,000 cubic meters of ballast water, from January 1, 2009 to December 31, 2011 via Assembly Resolution A1005[25]. 24 However, EPA notes that any owner/operator constructing vessels by the 2009 date were well aware of impending ballast water management requirements, and hence, should have appropriately d esigned their vessels to accommodate retrofitting a ballast water treatment system onboard.

Additionally, existing Lakers must meet all other ballast water requirements found in Part 2.2.3.3 of the VGP and the confined Laker specific requirements found in Part 2.2.3.4 of the VGP. These supplemental requirements were developed to reduce the number of living organisms in ballast water, and the risk of their dispersal within the Great Lakes ecosystem.

Other than for the vessel types and voyage patterns discus sed above, EPA found no basis for differentiating BPT/BAT solely based on age of equipment and facilities, process, process changes, or other engineering factors.

24 Assembly Resolution A1005[25] recommends that States henceforth ratifying, accepting, approving or acceding to the Convention should accompany their instrument of ratification, acceptance, approval or accession, as appropriate, with a declaration or otherwise communicate to the Secretary

- General their intention to apply the Convention on the basis of the following understanding, also taking into account paragraph 3: “A ship subject to regulation B

- 3.3 constructed in 2009 will not be required to comply with regulation D

- 2 until its second annual survey, but no later than 31 December 2011.”Proposed 2013 Vessel General Permit (VGP) Fact Sheet

113 4.4.3.5.7 Data Sources and Request for Comment on the Status of B allast W ater Treatment Technologies

In developing today’s numeric effluent limits, EPA considered data from numerous peer reviewed publications, literature produced by the federal government, other technical reports and publications, public comments, and comments from experts working in the f ield ( see US EPA SAB, 2011; Albert et al., 2010; CSLC, 2010; GLBWC, 2010; Lloyd’s List, 2010; WDNR, 2010). The data sources from which EPA derived information for decision-making purposes are included in the docket for the proposed permit and/or referenced in this fact sheet (any material referenced in the fact sheet but not included in the docket is generally available published material). These data sources discuss ballast water discharges, technologies available for the treatment of these discharges, and the effectiveness of the technologies. EPA considered these data and how to design a permit that included the best practicable technology and best available technology economically achievable in formulating the proposed permit.

As an important source used by EPA in setting the technology- based ballast water limits for today’s VGP, EPA’s SAB (2011) found that systems which meet the IMO D- 2 standard are available. The EPA SAB also stated: Regarding the discharge standard 10x more stringent than

the IMO D -2/ Phase 1, the criterion used was whether the number of living organisms in all size classes was consistently low following testing (below the detection limit, often reported as zero, or not more than twice the standard). However, as described in the response to charge question 4 (section 6), current testing methods do not provide the resolution required to conclude that 10x standards can be met” (EPA SAB, 2011, p. 32). The SAB further noted that systems “may have the potential to meet [a standard 10 times IMO] with reasonable/feasible modifications to the existing BWMS.” EPA requests comment on SAB’s conclusions with regard to these issues. Please provide any supporting data or other rationale with your comment.

EPA has proposed the numeric concentration based limit contained in the 2013 VGP based on these analyses. EPA finds that establishing technology- based ballast water controls that can be required of all commercial vessels over a certain size, in many different waters, under many different weather and operational situations, to be a very challenging task. EPA is specifically requesting comment on the appropriateness of the limits proposed in today’s VGP. Additionally, EPA is seeking comments that provide data sources which indicate that certain ballast water treatment systems reliably exceed the limits established in this permit. EPA is also specifically seeking comment on whether the numeric discharge limits can be applied to those vessel classes

discussed above for which limits are not curren tly applicable.

As discussed below, EPA is requesting comment on alternative treatment limits used by other regulatory agencies, specifically limits promulgated by the State of California. California has utilized a “no detectable living organism” approach for the largest size classes of organisms,

with numeric standards for smaller size classes.

4.4.3.5.8 EPA’s R equest for Comment on the “California Ballast Water Treatment Standards”

As part of today’s proposal, EPA is specifically requesting comment on whether th e following numeric limits for ballast water discharges should be included in the VGP. These standards are from the Performance Standards for the Discharge of Ballast Water For VesselsProposed 2013 Vessel General Permit (VGP) Fact Sheet

114 Operating in California Waters, California Code of Regulations Title 2, Division 3, Chapter 1, Article 4.7 §§2293-2294 as codified as of March 4, 2011. The standards are:

No detectable living organisms that are greater than 50 micrometers in minimum dimension;

Less than 0.01 living organisms per milliliter that are less than 50 micrometers in

minimum dimension and more than 10 micrometers in minimum dimension;

For living organisms that are less than 10 micrometers in minimum dimension:

Less than 1,000 bacteria per 100 milliliter

Less than 10,000 viruses per 100 milliliter

Conc entrations of microbes that are less than:

126 colony forming units per 100 milliliters of Escherichia coli ;

33 colony forming units per 100 milliliters of Intestinal enterococci; and

1 colony forming unit per 100 milliliters or 1 colony forming unit

per gram of wet weight of zoological samples of Toxicogenic Vibrio cholerae (serotypes O1 and O139)

4.4.3.6 Interim Requirements for V essels Not M eeting the B allast W ater Management M easures in Part 2.2.3.5 of the VGP

EPA has found the following interim management measures for vessels not meeting the requirements of Part 2.2.3.5 of the VGP to be available, practicable and economically achievable. Hence, they are mandatory requirements in the VGP.

4.4.3.6.1 Requirements for Oceangoing Voyages While Carrying Ballast Water

In t he United States, the U.S. Coast Guard has requirements for the management of ballast water listed in 33 CFR Part 151, Subparts C and D. These regulations require vessels transiting

to U.S. waters with ballast water that was taken on within 200 nautical m iles of any shore into waters of the United States after operating beyond the U.S. EEZ to conduct one of the following ballast water management practices:

• Conduct mid-ocean ballast water exchange further than 200 nm from any shore prior to entering U.S. wa ters;

• Retain the ballast water on board while in U.S. waters; orProposed 2013 Vessel General Permit (VGP) Fact Sheet

115 • Use a Coast Guard approved alternative environmentally sound method to manage the ballast water. 33 CFR 151.1510(a) and 151.2035(b).

The regulations also contain a safety exception, provid ing that the master of a vessel will not be prohibited from discharging unmanaged ballast water, in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge, if the master decides the practices would be unsafe for the vessel. 33 CFR 151.2030(b). In addition, the Coast Guard regulations provide vessels will not be required to deviate from, or delay, their voyage in order to conduct exchange. 33 CFR 151.2036. Vessels that operate solely within one COTP zone are exempt from certain requirements, as described in 33 CFR 151.2010(b).

As in the 2008 VGP, EPA has incorporated these requirements as technology- based effluent limits. The 2013 VGP also incorporates these requirements and allows for most vessels

which meet the treatme nt requirements found in Part 2.2.3.5 of the VGP to not also conduct ballast water exchange (except for certain vessels entering the Great Lakes as discussed in Part

4.4.3.9 of this fact sheet). Please see the BAT/BPT discussion in Parts 4.1 and 4.2 of this fact sheet for additional discussion regarding the basis for these requirements.

4.4.3.6.2 Vessels Carrying Ballast Water Engaged in Pacific Nearshore Voyages

As in the 2008 VGP, EPA has requ ired ballast water exchange as an interim requirement for vessels engaged in Pacific Nearshore voyages. Vessels engaged in Pacific nearshore voyages

include:

• Vessels engaged in the Pacific Coastwise trade that cross more than one Captain of the

Port Zone a nd that will discharge ballast water into waters subject to this permit.

• 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 the territorial sea or inland waters of Alaska or of the west coast of the continental

United States.

Numerous studies and reports by NOAA and others have shown that mid- ocean ballast water exchange significantly reduces the presence of living organism s adapted to surviving in coastal, estuarine, and freshwater environments (Gray et al., 2007; Locke et al., 1993; McCollin et al., 2007; Ruiz & Reid, 2007). In a NOAA technical memorandum authored by Ruiz and Reid (2007), the authors made seven recommendat ions, one of which is that “B[allast] W[ater] E[xchange] should be considered a useful and beneficial ballast management practice to reduce species transfers and invasion risk. It is a valuable measure, especially because it is available

now for immediate use on many vessels and shipping routes, in the absence of proven alternative treatment methods.” Hence, ballast water exchange is an appropriate interim step toward mitigating the risk from the spread of ANS until effective treatment technology is availa ble. There has also been considerable discussion about establishing alternate ballast water exchange areas (ABWEA) within areas closer to the coast. Participants in a 2006 workshop (Phillips, 2006) on establishing alternate exchange zones on the Pacific co ast made three recommendations, two of which are applicable for the permit:Proposed 2013 Vessel General Permit (VGP) Fact Sheet

116 • In general, ABWEA’s should be established no closer than 50 nm from shore and in waters at least 1000 m in depth.

• Establishment of ABWEA’s should avoid major estuary and oceanic ri ver plumes, subsurface physical features (e.g. seamounts), and known fishery habitats.

For the most part, the continental shelf along the Pacific coast is narrow along both North and South America. Deep water environments beyond the continental shelf typically support ecosystems that are quite different than those which exist closer to shore. Due in part to this short width of the continental shelf, relatively deep waters beyond 50 nm from the Pacific shore, and existing and pending regulation and statutes in California, Oregon, and Washington that require ballast water exchange for vessels engaged in the coastwise trade, EPA is requiring ballast water exchange under the proposed permit for vessels engaged in Pacific nearshore voyages that will discharge bal last water into waters subject to this permit. If these vessels travel more than 50 miles from shore, they must conduct ballast water exchange while:

• In the Pacific Ocean,

• As early as practicable in the voyage,

• More than 50 nm from shore, and

• Preferably wh ere the vessel is not near major estuary and oceanic river plumes, subsurface physical features (e.g. seamounts), and known fishery habitats.

Based on reasons discussed above and elsewhere and this factsheet (e.g., see Sections 4.1

and 4.2 ), EPA determined these requirements are technologically practicable and achievable, can be widely implemented, and will reduce the discharge of constituents of concern in ballast water streams. Furthermore, with implementation of existing and pending state regulation requiring similar practices, the incrementa l economic costs are relatively low (see the economic analysis prepared for this permit). However, EPA does not believe that vessels engaged in voyages that take them further than 200 nm from any shore should be allowed to exchange ballast water

between 50 and 200 nm from the Pacific shore for the following reasons:

• This provision would not be consistent with existing U.S. Coast Guard regulations.

• Ballast water exchange 200 nm or more from shore generally is more likely to mitigate the risk for the spread o f ANS than ballast water exchange closer to shore.

4.4.3.6.3 Mandatory Saltwater Flushing

Mandatory saltwater flushing is required by this permit for all vessels carrying unpumpable ballast water and residual sediment that operate outside the US EEZ which do not meet the treatment requirements found in Part 2.2.3.5 of the VGP, travel more than 200 nm from shore, and will subsequently discharge ballast water to waters subject to this permit and for vessels that engage in Pacific nearshore voyages that will discharge ballast water in waters subject to this permit. This requirement is the same as t o that found in the 2008 VGP. The permit states that “saltwater flushing means the addition of mid

- ocean water to ballast water tanks containing only unpumpable residual ballast water; the mixing of the added water withProposed 2013 Vessel General Permit (VGP) Fact Sheet

117 residual ballast water and sedimen t 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” (see Parts 2.2.3.7 and Part 7 of the permit). This process of flushing out empty ballast water tanks

with mid

- ocean saltwater is also commonly referred to as “swish and spit”. The vessels subject to this requirement are either those which have any ballast water tank that is empty or contains unpumpable residual water or those that certify, consistent with the Coast Guard’s regulations, that they have “No Ballas t on Board” (“NOBOB” vessels). As previously noted, the Coast Guard currently has a voluntary saltwater flushing policy in place for all vessels entering the Great Lakes, and defines NOBOB vessels as “those vessels that have discharged ballast water in order to carry cargo, and as a result, have only unpumpable residual water and sediment remaining in tanks.” 70 FR 51832 (August 31, 2005). The purpose of mandatory saltwater flushing is to prevent the spread of ANS in ballast water tanks that appear empty, but often have unpumpable ballast water and/or residual sediment at the bottom of the tanks that may contain organisms

which can become ANS.

Saltwater flushing has been shown to be effective in preventing the introduction of ANS

from vessels with residua l ballast water and sediment in their ballast water tanks. In a NOAA technical memorandum, another of Ruiz and Reid’s (2007) concluding recommendations is that “[t]he use of high-salinity water to flush NOBOB ballast tanks should be considered a useful and beneficial management practice to reduce species transfers and invasion risks associated with NOBOB ships entering the Great Lakes. In the absence of proven alternatives, this practice provides some level of protection against some adult and larval life stages.” Additionally, saltwater flushing reduces the concentrations of sediment, a conventional pollutant, in ballast water discharge and, therefore, generally improves the quality of the ballast water discharge.

Environment Canada has mandatory saltwater flushing requirements in its regulations for all vessels that discharge ballast water in Canadian Great Lakes ports. Furthermore, the Saint Lawrence Seaway Development Corporation (SLSDC) recently published a final rule amending joint regulations at 33 CFR Part 401.30. The amendment is an effort to harmonize the ballast water requirements for vessels transiting the U.S. waters of the Saint Lawrence Seaway System with the saltwater flushing requirements already in place for vessels entering the Canadian

wa ters of the Seaway System. The amendment, which went into effect on March 26, 2008, requires vessels that operate outside the EEZ to conduct saltwater flushing of ballast water tanks containing residual amounts of ballast water and sediment at least 200 na utical miles from any shore. The saltwater flushing must occur prior to entering either the U.S. or Canadian waters of the Seaway System. See 33 CFR 401.30(f); 73 FR 9950 (February 25, 2008). Hence, all vessels entering the Great Lakes must already use sal twater flushing for their tanks with unpumpable ballast water and residual sediment, and this permit reinforces these requirements.

As with the 2008 VGP, today’s permit extends saltwater flushing requirements to all waters subject to this permit (for vess els that travel more than 200 nm from shore and vessels engaged in Pacific nearshore voyages) because EPA believes saltwater flushing is a widely -used low-cost approach that minimizes the risk that ANS will be successfully introduced from unpumpable ballas t water and residual sediment. Saltwater flushing is most effective at eliminating organisms adapted to freshwater and low salinity environments due to the combinedProposed 2013 Vessel General Permit (VGP) Fact Sheet

118 impacts of saltwater shock and physical dilution. However, saltwater flushing should also r educe viable living organisms adapted to estuarine, coastal and marine environments. First, saltwater flushing may reduce viable living organisms in residual ballast water through dilution. Secondly, saltwater flushing reduces the number of viable living organisms and organisms in resting stages in the residual sediment. Resting stages of ANS often inhabit the sediment in ballast water tanks: reducing the numbers of these organisms with both physical flushing and saltwater shock when applicable will likely reduce the propagule pressure of these potential invaders. Hence, the requirements for mandatory saltwater flushing are available, practicable and economically achievable. Additionally, the permit applies saltwater flushing on a tank- by -tank basis, and doe s not just limit this practice to vessels that declare they carry only unpumpable residual ballast water. This is because the empty ballast water tanks in vessels that have a mixture of empty tanks and tanks containing pumpable ballast water still pose a r isk of introducing ANS when the empty tanks are subsequently filled and discharged, and saltwater flushing of those tanks will help reduce this potential. However, vessels that seal empty tanks and will not use them to discharge

ballast water in waters sub ject to this permit do not need to conduct saltwater flushing.

4.4.3.6.4 Vessels that Complete Ballast Water Exchange Must Do So as Early as Practicable

As in the 2008 VGP, EPA has included a requirement for vessels to exchange ballast water as early as practicable. For those vessels that carry ballast water that was taken on in areas less than 200 nautical miles from any shore and will discharge into the waters subject to this permit after operating beyond the EEZ, EPA has included a requirement that all vessels th at conduct ballast water exchange must do so as early as practicable, so long as the exchange occurs more than 200 nm from shore. This requirement will directly contribute to increased mortality of remaining living organisms in ballast water tanks. Increased mortality will result in the discharge of fewer viable living organisms, which will consequently reduce the likelihood of the risk of the

establishment of ANS.

4.4.3.6.5 Requirements for Tankers Engaged in the Coastwise Trade

Section 1101(c)(2)(L) of the National Invasive Species Act of 1996 (16 U.S.C. 4711) generally exempts crude oil tankers engaged in the coastwise trade from ballast water management requirements. There is no counterpart exemption for such vessels in the CWA, nor does it appear that such vessels are inherently unable to perform the ballast water exchange and other ANS management practices that their non -exempt vessel counterparts can and do routinely carry out. Additionally, EPA expects these vessels to be able to meet the treatment requirement s in Part 2.2.3.5 of the VGP. Hence, as in the 2008 VGP, the NPDES permit would not exempt crude oil tankers in the Coastwise trade from its ballast water management requirements, and such tankers must either seek coverage under the permit and comply with its applicable terms or seek alternative NPDES permit coverage as discussed under the alternative permits section in Part 1.8 of the permit.

4.4.3.7 Vessels Entering the Great Lakes

EPA has included additional permit conditions requiring all vessels that are equipped to carry ballast water and that enter the Great Lakes to comply with Coast Guard regulations mandating ballast water exchange (33 CFR Part 151, Subpart C). Also, vessels that operateProposed 2013 Vessel General Permit (VGP) Fact Sheet

119 outside the EEZ and more than 200 nm from any shore, and then ente r the Great Lakes via the Saint Lawrence Seaway System must comply with the Coast Guard regulations that mandate saltwater flushing of ballast tanks (33 CFR part 401.30). These requirements constitute technology- based effluent limits for ballast water dis charges from these vessels; additional requirements on vessels entering the Great Lakes are imposed as water quality

- based effluent limits in Part 2.2.3.7 of the permit: see Section 4.4.3.9 of this fact sheet for additional discussion.

4.4.3.8 Vessels in the U.S. Coast Guard Shipboard Technology Evaluation Program (STEP)

A vessel equipped with ballast water tanks is not required to meet the requirements found in Parts 2.2.3.5 (except 2.2.3.5.1.1.5 and 2.2.3.5.1.1.6) and 2.2.3.6 of the VGP if the vessel is accepted by the U.S. Coast Guard into the Shipboard Technology Evaluation Program (STEP) as long as the vessel meets all of the requirements of such program. EPA believes that the STEP program has played, and will continue to play, a critical role in the development of effective ballast water treatment systems, as may other related or similar programs the Coast Guard might implement in the future. The pro gram has encouraged pioneering vessel owner/operators to install ballast water treatment systems, has contributed to the development of effective sampling methods, and allowed for the collection of valuable shipboard ballast water treatment data

needed to evaluate the efficacy of ballast water treatment systems. Furthermore, as systems are developed and refined, such programs will play a valuable role in supporting the development of technologies which exceed the performance of the IMO standard. EPA believes that STEP and other such programs will play a key role in the development of a greater range of systems which can meet the limits in today’s permit, and will also allow a venue for treatment vendors to develop systems to meet more stringent standards such as the U.S. Coast Guard proposed phase II standard. Finally U.S. Coast Guard programs (such as or similar to STEP ) provide a mechanism for vessels to use not-yet approved BWMS during the testing required for type approval.

EPA is requiring that vesse l owner/operators of vessels enrolled in STEP must meet the requirements of Parts 2.2.3.5.1.1.5 and 2.2.3.5.1.1.6 of the permit. These requirements contain authorization, effluent limits, and basic monitoring for active substances from ballast water

treat ment systems. They also include recordkeeping and reporting requirements specific for vessels utilizing ballast water treatment systems (vessels enrolled in STEP are using ballast water treatment systems). EPA is specifically seeking comment on whether v essels enrolled in STEP should be required to meet the other monitoring requirements found in Part 2.2.3.5.1.1 of the VGP or whether the monitoring requirements imposed by the US Coast Guard to test the efficacy of the ballast water treatment systems are sufficient. EPA notes that the biological efficacy monitoring imposed by the Coast Guard for STEP vessels is significantly more expansive (and costly) than that proposed in today’s VGP by EPA.

Vessel owner/operators enrolled in the STEP program must complet e a rigorous application process and undergo extensive review. Additionally, vessels involved in STEP are utilizing ballast water treatment technologies which share similarities in capabilities (and in many cases are the same systems) as those described in Section 4.4.3.5.1 of this fact sheet or the technical reports EPA used to inform its decision making (e.g., EPA SAB, 2011). Therefore,

EPA has dete rmined that vessels enrolled in STEP and utilizing their ballast water treatment systems are effectively applying ballast water treatment and are meeting BAT. EPA notes thatProposed 2013 Vessel General Permit (VGP) Fact Sheet

120 these vessels are utilizing ballast water treatment technologies designed to meet or exceed the permit limits found in Part 2.2.3.5 of the VGP, and vessels enrolled in STEP are playing and will continue to play a key role in improving our understanding of the efficacy of ballast water

treatment systems.

EPA is specifically requesting c omment on whether these requirements are appropriate for vessels involved in the STEP and other future USCG shipboard testing programs.

4.4.3.9 Narrative Water Quality Based Effluent Limit Applicable to Ballast Water Discharges

Under CWA section 301(b)(1)(C) and its implementing regulations, in addition to the technology- based effluent limitations discussed above, EPA must include in NDPES permits any more stringent effluent limits “necessary to meet water quality standards.” In determining what additional effluent limitations, if any, must be included in a permit, EPA first assesses whether, after application of the technology- based effluent limits, the discharge has the “reasonable potential to cause or contribute to” an exceedance of water quality standards. If EPA finds such reasonable potential exists, the permit must contain effluent limits that are as stringent as necessary to meet water quality standards (i.e., water quality

- based effluent limits or “WQBELs”). 40 C.F.R. 122.44(d)(1). Such limits may be expressed non- numerically where numeric limits are “infeasible to calculate.” 40 C.F.R. 122.44(k)(3).

As described more fully below, recognizing that the Agency’s understanding of the relationship between numbers of living organisms in ballast water discharges and probability of successful establishment by invasive species was extremely limited, EPA (with the US Coast Guard) commissioned the National Academies of Science to draft a report on the issue. The goal was to provide the Agency with the best science upon which to make both its reasonable potential determination and, should reasonable potential be found, the Agency’s determination as to what constitutes a limit that is necessary to protect water quality standards (Hanlon et al., 2010). After examining the results of the NAS report, as well as other available information, EPA has determined that, after application of the required TBELs, reasonable potential to cause or contribute to an exceedance of water quality standards exists. However, because of data limitations, EPA has determined that calculation of a numeric WQBEL is infeasible at this time. EPA thus has imposed a narrative WQBEL for ballast water discharges.

In this section, we discuss the charge given by the Agency to the NAS and how the findings of the NAS, as well as other expert sources, informed the Agency’s views on whether application of the TBELs would be sufficient to meet applicable water quality standards. We also discuss the basis for the Agency’s findings that there is “reason able potential” and that a numeric WQBEL is “infeasible to calculate.” Finally, we discuss the WQBELs for ballast water imposed by this permit.

4.4.3.9.1 EPA’s Charge to the NAS

In June of 2011, the National Research Council of the National Academies of Science (NAS) issued their report entitled “Assessing the Relationship Between Propagule Pressure and Invasion Risk in Ballast Water” (NAS, 2011). EPA, in close collaboration with the US CoastProposed 2013 Vessel General Permit (VGP) Fact Sheet

121 Guard, commissioned this Report to inform the development of appropriate water quality- based effluent limits for ballast water discharges. The NAS was asked to:

1. Evaluate the state of the science of various approaches that assess the risk o f establishment of aquatic nonindigenous species given certain concentrations of living organisms in ballast water discharges.

2. Recommend how these approaches can be used by regulatory agencies to best inform risk management decisions on the allowable concentrations of living organisms in discharged ballast water in order to safeguard against the establishment of new aquatic nonindigenous species and to protect and preserve existing indigenous populations of fish, shellfish, and wildlife and other benef icial uses of the nation’s

waters.

3. Evaluate the risk of successful establishment of new aquatic nonindigenous species associated with a variety of ballast water discharge limits that have been used or suggested by the international community and/or do mestic regulatory agencies.

EPA developed NAS charge question #2 as a general narrative description of what would be necessary to protect all applicable state WQS. EPA’s review of applicable state water quality standards revealed no provisions that spec ifically address aquatic nuisance species. No states have established numeric water quality standards for living organisms (or ANS); therefore, the focus of EPA’s evaluation was on protection of designated uses, narrative criteria, and relevant

anti

- degra dation and general policies of applicable state WQS. While State WQS do not specifically address ANS, many narrative criteria and anti

- degradation and general policies of applicable state water quality standards do seek to prevent the types of degradation that is associated with the introduction of ANS into receiving waters. For example, the State of Minnesota has narrative standards which state that “the aquatic habitat...shall not be degraded in any manner...the normal fishery and aquatic biota upon which it is dependent and the use thereof shall not be seriously impaired or endangered, the species composition shall not be altered materially, and the propagation or migration of the fish and other biota normally present shall not be prevented or hindered by t he discharge of any sewage, industrial waste, or other wastes to the waters.” Minn. Admin. Rules Ch. 7050.0150 subpart 3. New York’s narrative water quality standards require no impairment of “best usages” for pollutants such as toxic and other

deleterio us substances, suspended solids, and phosphorus. 6 NYCRR section 703.2. Michigan’s water quality standards state that “all Great Lakes and their connecting waters...are designated and protected for coldwater fisheries.” NREPA Part 31 R. 323.1100(5). “Cold water fishery use” is defined as “the ability of a waterbody to support a balanced, integrated, adaptive community of fish species which thrive in relatively cold water.” NREPA Part 31 R. 323.1043(r). Similarly, although their language does not specifically address aquatic nuisance species, protection of states’ designated uses also require safeguarding against aquatic nuisance species introductions, as ANS are commonly associated with impairment of all of the various designated uses in state water quality standards, including industrial uses, public health and welfare uses, and aquatic and wildlife uses (e.g., in Wisconsin, “All surface waters shall be suitable for supporting public health and welfare” Wisc. Admin. Code NR sec. 102.01(7)(a); in New York, mo st waters “shall be suitable for fish propagation and survival “6 NYCRR § 701.10; Alaska has classes of designated uses for “Growth and propagation of fish, shellfish, other aquatic life and wildlife” 18Proposed 2013 Vessel General Permit (VGP) Fact Sheet

122 AAC § 70.020; California’s designated uses provide for “preservation and enhancement of marine habitats” Cal Water Code § 1243; Louisiana has a designated use for “Fish and wildlife propagation” that “includes the maintenance of water quality at a level that prevents damage to indigenous wildlife and aquat ic life species associated with the aquatic environment and contamination of aquatic biota consumed by humans” LAC 33:IV.1111; Michigan’s “Other Indigenous Aquatic Life” designated use requires that, “At a minimum, all surface waters of the

state are desi gnated and protected for other indigenous aquatic life” Mich. Admin. Code R 323.1100.)

4.4.3.9.2 Effectiveness of the TBEL at Addressing W ater Q uality Impacts

As the NAS concluded, “[i]t is abundantly clear that reducing propagule pressure (i.e., the quality, quantity, and frequency with which living organisms are introduced into a given location) will reduce the probability of invasions, when controlling for all other variables,” noting that “[t]here is both strong theoretical and empirical support for this, across a diverse range of habitats, geographic regions, and types of organisms.” (NAS, 122). The NAS recommended that “[a]s a logical first step, a benchmark discharge standard should be established that clearly reduces concentrations of coastal organisms below current levels resulting from ballast water exchange (such as the IMO D -2 standard). This will serve to reduce the likelihood of invasion in coastal ecosystems beyond that of the present time.” (NAS, p130) (emphasis added). EPA is in this permit establishing numeric effluent limitations at the IMO D

2 standard (the permit’s numeric TBEL). EPA concurs with the NAS study that such limitations will result in significant reductions in concentrations of living organisms beyond current management practices (i.e., ballast water exchange and the other management practices described in the permit). The numeric discharge limitations for ballast water in the proposed permit are expected to be effective in reducing the risk from untreated or exchanged ballast water discharges.

A suite of studies have examined the increased environmental protection offered by the IMO discharge standard, and all of them indicate a reduction in risk associated with that standard. Several approaches for evaluating the risk of invasion associated with ballast water discharges are discussed in Lee et al. (2010). Of those approaches, the population viability analysis, per capita invasion probabilities approach, and reaction diffusion models all indicate that reduction of inoculum densities should significantly reduce the risk (either relative or absolute) of invasion from ballast water discharges.

EPA also notes that treatment to the IMO discharge standard will result in a significant decrease in the concentration of living organisms di scharged from ballast tanks for the vast majority of vessels applying treatment. Several studies have looked at the composition of living organisms found in ballast water tanks for some or all organisms greater than 50 μm; comparing the results of today’s permit limit for this size class to the values presented in the studies illustrates that there would be a substantial decrease in inoculum density after treatment. For example, for each of the studies discussed below, EPA derived the percentage that the discharge concentration would be reduced from the mean, median, or mode values (dependent on the study and how the authors present the data). This percent reduction is 99.67% to 99.94% from meanProposed 2013 Vessel General Permit (VGP) Fact Sheet

123 and mode values presented in Minton et al. (2005), 25 99.63% from median values presented in Bailey et al. (2011), 26 99.994% from mean values presented in David et al. (2007), 27 95.15% from mean values presented Murphy et al. (2002), 28 and 99.93% from mean values presented in Verling et al. (2005). 29 The maximum values presented by the authors show considerably more notable reduction; this is noteworthy because EPA assumes that these high concentration discharge events pose more risk. The discharge concentration would be reduced from the

maximum val ue presented by 99.98% to 99.99% from the range of mean 30 and upper 1.1% of density values presented in Minton et al. (2005), 31 99.96% from the range of median values presented in Bailey et al. (2011), 32 99.999% from the range of mean values presented in Davi d et al. (2007), 33 99.41% from the range of mean values presented Murphy et al. (2002), 34 and 99.97% from the range of mean values presented in Verling et al. (2005). 35

25 Minton et al. (2005) counted the total number of zooplankton collected from the ballast tanks of 354 ships using 80 μm mesh netting. Hence, as many organisms smaller tha n 80 μm are not captured, this is likely a underestimate for the total numbers of organisms greater than 50 μm found in the tank. The values presented here were derived by EPA from either those presented by the authors (as the mode values for the density o f zooplankton ) or based on the density of zooplankton identified in unmanaged ballast water based on visual estimates of Figure 2 of Minton et al. (2005)

.

26 Bailey et al. (2011) notes the mean abundance of invertebrates recorded from ballasted ships us ing 53 μm mesh plankton nets.

27 David et al. (2007) notes the mean abundance of microzooplankton (20

- 200μm), macroalgae (200

- 20,000μm), and zooplankton (200

- 2000μm) recorded from ballasted ships using unfiltered counts, 50um mesh plankton nets and

100um me sh plankton nets, respectively.

28 Murphy et al. (2002) determined the average bivalve larvae and crab zoea concentration in ballast tanks of the MV Iron Stuart during 2 voyages at three depths using a 100 μm mesh net. The derived value presented here indicates the density of both bivalve larvae and crab zoea identified in ballast water tanks based on visual estimates of Figure 3 and 4 of the publication. EPA notes that this study only looked at a small range of organisms that could be expected to be fo und in ballast water tanks, and that the value presented is likely significantly conservative (low), and therefore notably underestimates the percent reduction of organisms.

29 Verling et al. (2005) counted the zooplankton concentration in ballast tanks of vessels during 25 voyages using 80 μm mesh netting. The value EPA used as a basis for calculating the reduction is taken from authors’ presentation of the density of zooplankton identified in ballast water immediately before deballasting activities,

30 When EPA uses the expression “range of” mean, median, or values, this indicates evaluation of all of the mean, median or upper values given by the authors in their respective papers from their results sampling a ballast tank or ballast water discharge. EPA did not pool or average values presented by each respective author. EPA notes that there are challenges in comparing the results of each of these papers with each other because of variations in methods used (e.g., in some studies, all species are enumerated while in others, only target species from select phyla are examined) and differences in how data is presented.

31 See Footnote 25 . Additionally, t he max value is t he number of zooplankton in the upper 1.1% density of all samples collected in unmanaged ballast water

.

32 See Footnote 26 . Additionally, the maximum density of zo oplankton identified in unmanaged ballast water based on visual estimates of Figure 2 of Bailey et al. (2011)

33 See Footnote 27

.

34 See Footnote 28 . Additionally, the maximum density values presented here are from both bivalve larvae and crab

zoea identified in ballast water tanks.

35 See Footnote 29 . Additionally, the value used to derive percent reduction here is based on the maximum density of zooplankton identified in ballast water among Transatlantic, Atlantic, and Pacific voyages.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

124 One specific study, Bailey et. al. (2009) evaluated the efficacy of such limitations through the use of mesocosm experiments and modeling of certain parthenogenetic taxa (i.e, organisms that reproduce asexually) that are of significant concern for invasion to the Great Lakes. In this study, the authors concluded that the proposed IMO standards for >50 micron organisms would reduce the probability of establishment of certain parthenogenic species by three fold. Even taking a “precautionary approach by deliberately investigating establishment success under favourable physical, and chemical, and biological conditions (e.g., reduced competition and predation inside enclosures)” results in “best fit estimates of establishment probabilities for inocula less than 10 individuals m-3 [that] are nil, indicating that the proposed ballast water discharge standards [the IMO standard] will be very effective even for parthenogenetic taxa” (Bailey, 2009, 271).

In short, this clear reduction in inoculum density reduces risk – EPA expects those reductions in risk to be substantial. Hence, EPA believes that re quiring treatment to the IMO standard may be protective of water quality standards. However, EPA has nonetheless determined that the discharge of ballast water has the reasonable potential to cause or contribute

to an exceedance of water quality standards, for the reasons discussed below.

4.4.3.9.3 Reasonable Potential Determination for Ballast Water Discharges

In determining that ballast discharges have reasonable potential to cause or contribute to a water quality standards exceedance after imposition of the TBELs imposed by today’s permit, EPA looked at existing controls on ballast water discharges (such as ballast water exchange) and the variability of living organisms in the effluent after imposition of this permit’s numeric TBELs (the IMO standard after instal lation of treatment technology). Examination of existing controls is important because the proposed permit’s implementation schedule means that not all existing vessels will meet the numeric TBEL at permit issuance. During the time prior to imposition of the numeric limit, and for those vessels not subject to the numeric limit, the other TBELs, such as narrative BMPs in Parts 2.2.3 of the permit and corrective actions in Part 3 of the permit to promptly correct shortcomings, will apply.

As discussed above, the risk of invasion will significantly decrease after installation of treatment technology to meet the permit’s numeric TBELs, which are designed to reduce propagule pressure. However, “while inoculum density (e.g., propagule pressure) is a key component of invasion probability, it is but one of scores of variables that can and do influence invasion outcome.” (NAS, p4). These variables “include the identity (taxonomic composition), sources, and history of the propagules; their frequency of delivery; and their quality. Further influencing the outcome of propagule release is a host of factors that include both species traits and the recipient region’s environmental traits.” (NAS, 5). The NAS noted that there are “significant differences b etween source regions; the diversity, abundance, and density of entrained organisms; and the compatibility of source and recipient regions” (NAS, 5). In evaluating the risk of successful establishment of new aquatic nonindigenous species associated

with a variety of ballast water effluent limits, including ballast water exchange and treatment to the IMO standard, the NAS concluded that there is “a profound lack of data and information to develop and validate models,” and “it was not possible with any certainty to determine the risk of nonindigenous species establishment under existing discharge limits.” (3). EPA expects that compliance with the permit’s numeric effluent limitations will likely result in discharges that areProposed 2013 Vessel General Permit (VGP) Fact Sheet

125 controlled as necessary to result in a very small absolute risk of invasion and thus are controlled as necessary to achieve applicable water quality standards. Nonetheless, EPA also finds that the variety of other factors that influence invasion outcome should not be completely ignored, and therefore, even at the IMO level of discharge, reasonable potential exist s for such discharges to cause or contribute to violations of applicable water quality standards pursuant to 122.44(d)(1)(ii). Because the reductions in concentrations of living organisms in ballast water achieved by technology meeting the IMO standard are generally superior to that which would be achieved by the application of BMPs either during the time prior to imposition of that limit, or for vessels not subject to the limit, EPA concludes that there is reason able potential for discharges subject to those limits as well. 36 EPA requests comment on its proposed

determination that there is reasonable potential for ballast water discharges, after being controlled by the technology based limits in this draft permit, to cause or contribute to violations of water quality standards.

4.4.3.9.4 Ballast Water WQBELs

4.4.3.9.4.1 WQBELs are I nfeasible to Calculate

EPA has determined that pursuant to 40 C.F.R. 122.44(k)(3), it is infeasible to calculate

numeric wa ter quality

- based effluent limit for ballast water discharges. While “[i]n principle, a

well -supported model of the relationship between invasion risk and organism release could be used to inform a ballast water discharge standard,” (NAS, 5) the “current state of science does not allow a quantitative evaluation of the relative merits of various [numeric] discharge standards in terms of invasion probability.” (NAS, 130) Therefore, the lack of available data and information prevents a precise quantification of the risk associated with ballast water discharges (emphasis added). Though EPA believes that the work done by numerous scientists (Lee et al., 2010, USCG 2008, Drake et al., 2005) has greatly improved our understanding of the risk posed by ballast water discharge events, and some have clearly quantified a relative reduction in risk by using various standards versus ballast water exchange (USCG 2008), EPA agrees with the NAS panel that establishing a precise, quantified ballast water discharge standard

mo re stringent than the numeric TBELs contained in Part 2.2.3.5 of the VGP at this time is not possible with available data and information, and thus, numeric water quality- based effluent

limits are infeasible to calculate

. 37 EPA specifically requests comment on the determination that

36 As discussed above, in evaluating whether ballast water discharges subject to the technology

- based effluent limits in this permit would cause, or have the reasonable potential to cause, or contribute to an excursion above any water quality stan dard, EPA assessed whether the TBELS were sufficient to “ safeguard against the establishment of new aquatic nonindigenous species and to protect and preserve existing indigenous populations of fish, shellfish, and

wildlife and other benefici al uses of the nation’s waters.” As mentioned, after surveying and evaluating the wide array of state water quality standards, EPA concluded that this characterization accurately captures what would be necessary to protect all water quality standards. EPA requests comm ent on this conclusion.

37 Though EPA believes that each of these approaches has merit, particularly for informing the Agency about relative risk, the Agency acknowledges that a profound lack of data has impaired the Agency’s ability to calculate a

numeric WQBEL based on existing information alone. EPA believes that the models highlighted by Lee et al. (2010), USCG (2008), and others may present a viable option for calculating numeric water quality based effluent limits in the future. However, the Agency n otes that, as the N AS panel found, sufficient data to input, calibrat e, and

validate those models is lacking. Hence, EPA is working with our federal partners to fill many of the data gaps identified by the 2011 NAS ballast water study for use in future ite rations of this permit as needed. As additionalProposed 2013 Vessel General Permit (VGP) Fact Sheet

126 numeric water quality

- based effluent limits for ballast water discharges are infeasible to calculate

at this time.

4.4.3.9.4.2 WQBELs in Today’s Permit

The narrative WQBEL applicable to all vessel discharg es is found in Part 2.3 of the VGP and discussed in section 4.5 of this fact sheet. For ballast water discharges, this narrative WQBEL addresses situations in which reasonable potential exists after application of narrative and numeric TBELs and is included in the permit to meet 40 CFR 122.44(d)(1)’s requirement that the permit include any additional or more stringent requirements than those in the applicable TBELs necessary to “achieve water quality standards established under section 303 of the CWA, including State narrative criteria for water quality.” For those vessels which do not have to immediately comply with the permit’s numeric TBEL, and those vessels for which the numeric TBEL is inapplicable, the narrative WQBEL is included for the same reason. In deriving appropriate water quality

- based effluent limits for ballast water discharges for today’s permit, EPA made every effort to identify generally applicable BMPs beyond those already imposed on a technology basis for ballast water discharges, but e xcept as discussed below for vessels that uptake ballast water in freshwater and then voyage across the open ocean prior to discharging in the Great Lakes, was unable to do so. EPA thus has determined that it is appropriate to impose

the site

- specific narrative WQBEL on ballast water discharges. EPA is specifically requesting comment on whether there are any additional generally applicable BMPs available for these vessels and on the sufficiency of the narrative WQBEL in ensuring that applicable water qual ity

standards are met.

In Part 2.2.3.7 of the VGP, EPA proposes to maintain the existing ballast water exchange requirement for vessels that uptake ballast water in freshwater or brackish water , then voyage across the open ocean before discharging in the Great Lakes. In addition to meeting the effluent standards contained in the Part 2.2.3.5 of the permit, these vessels must also continue to conduct

mid

- ocean BWE when they have taken on ballast water from a freshwater or brackish water port in the previous month. 38 For purposes of this permit, the brackish water requirements apply when the water taken in is from oligohaline or mesohaline portions of estuaries or other waters (i.e., the intake water has a saltwater concentration of less than 18 ppt 39 ). The purpose of this requirement is to add another measure of protection against invasive species to reduce the compatibility of source and recipient regions when freshwater or brackish water is transported

via ballast tanks into the Great Lakes. Due to an env ironmental mismatch, any freshwater species being taken up in the ship’s ballasting in fresh or brackish waters, will be shocked by saline water during ballast water exchange before being discharged the freshwater of the Great Lakes. This BWE exchange req uirement, in combination with the treatment requirements, is

data are gathered, modeling inputs are further explored and refined, and the state of the science further developed, EPA will reexamine whether numeric water quality based limits for the numbers of living org anism in ballast water

are feasible to calculate.

38 EPA notes that regulation of the discharge of ballast water mid

- ocean is beyond the scope of this permit.

39 EPA established the limit at 18 ppt because this is a widely scientifically accepted differentiation between salinity levels within estuarine ecosystems. Scientists generally classify estuarine waters as limonitic (freshwater) (salinity less than 0.5 ppt), oligohaline (salinity between 0.5 and 5 ppt), mesohaline (less than 18 ppt), polyhaline (betwe en 18 and 30 ppt), euhaline (between 30 and 40 ppt), and hyperhaline (more than 40 ppt).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

127 designed to address the factors other than inoculum density that influence invasion outcomes described above, thus creating additional protection for the Great Lakes freshwater ecosystem.

EPA re cognizes that the Great Lakes are a unique and valuable resource and that those water bodies have been particularly impacted by the introduction of various invasive species. EPA also recognizes that mid

- ocean ballast water exchange is most effective for m inimizing risk of invasions for discharges into freshwater ecosystems. Considering these issues, EPA included existing ballast water exchange practices as WQBEL requirements for certain vessels entering the Great Lakes and is specifically requesting comme nt on whether the Agency should consider including additional management measures for vessels entering the Great Lakes.

EPA is specifically taking comment on the requirement for vessels entering the Great Lakes from freshwater and brackish ecosystems to continue to conduct ballast water exchange or saltwater flushing in addition to treatment with a ballast water treatment system. EPA also requests comment on whether continuing this measure would be an appropriate requirement for all or some categories of vessels operating outside the Great Lakes. EPA is also taking comment

as to whether BWE should continue to be required for all vessels entering the Great Lakes that are subject to the numeric TBEL, regardless of origin. Additionally, EPA requests comment on whether this requirement should continue to be considered for other freshwater destinations in

US waters. EPA also requests comment on whether this requirement should be maintained for other destinations in U.S. waters, regardless of whether those ves sels took on ballast water from saltwater or freshwater ports

. 40 EPA specifically requests that you provide any specific information and supporting data on the efficacy, practicability, and costs of such measures.

4.4.4 Antifouling Hull Coating Leachate (Part 2.2.4)

The primary constituent of concern in most antifouling coatings is copper, although zinc may also be used as an ingredient. While the rate at which the metals leach from coatings is relatively slow (4 – 17 μg/cm2/day in controlled testing), these coatings can account for significant accumulations of metals in receiving waters of ports where numerous vessels are present. Tributyltin (TBT), a metal based biocide, was historically applied to vessel hulls as an antifouling hull coating. TBT causes deformit ies in aquatic life, including deformities that disrupt or prevent reproduction. Numerous studies and several peer reviewed publications ((Bentivegna & Piatkowski, 1998; Haynes & Loong, 2002; Negri et al., 2004; Negri & Heyward, 2001; Ruiz et al., 1995; V. Axiak et al., 1995) exami ne the environmental impacts of anti-foulant paint leachate containing TBT. TBT is also stable and persistent, resisting natural degradation in water bodies. Thus, due to its acute toxicity, TBT is a pollutant of concern to be addressed in this permit. There is a zero discharge standard for TBT and all other organotin compounds under this

40 EPA understands that should the International Ballast Water Convention enter into force, such a requirement would mean that, for vessels subject to the Convention, d ischarge of ballast water taken on during mid-ocean exchange would need to meet the Convention’s discharge standard. In addition, treatment might be required under the Convention for ballast water that is discharged during mid- ocean ballast water exchange

. EPA requests comment on any implementation issues or environmental benefits that would be associated with vessels being required to both conduct exchange and apply treatment for discharges mid -ocean in addition to treatment at ports of call.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

128 permit. Furthermore, if there are any vessels with existing exposed TBT coatings, those vessels must either seek individual NPDES permit coverage consistent with Part 1.8 of the permit or overcoat the existing TBT coating. EPA expects that few, if any, vessels have exposed TBT coatings on their hulls. EPA believes that a zero discharge standard for all organotin compounds, including TBT is technologically available based on the availability of other anti

- foulant coating options (e.g. copper and silicon) and feasible and economically achievable because few, if any,

vessels still utilize TBT as an anti -foulant.

In the United States and many other countries, the use of antifou ling paints containing TBT have been phased-out due to concerns about its environmental impacts. The VGP’s zero discharge standard for TBT is consistent with the requirements of the Clean Hulls Act of 2010,P.L. 111-281, Section X, which implements the Convention on the Control of Harmful Antifouling Systems on Ships. 41 The treaty, adopted at the IMO in October 2001, prohibits the use of organotins, like TBT, in anti-fouling paints. The treaty entered into force on September 17, 2008. The United States pl ayed a leadership role in drafting the treaty, but has not yet ratified the agreement, although implementing legislation (Coast Guard Authorization Act of 2010, Title X) was enacted in January 2010 and the treaty has received the advice and consent of the Senate. In addition, the last TBT antifouling paint registration in the United States was voluntarily cancelled in 2005. Furthermore, the use of TBT antifouling paints or entry to port of vessels with TBT coatings is already prohibited by a large number of other countries, including many countries in Europe ( see Regulation (EC) No 782/2003 of the European Parliament and the Council of 14 April 2003 on the prohibition of organotin compounds on ships).

EPA clarifies that for the purposes of this permit, EPA h as prohibited the use of antifouling paints containing TBT (for any purpose) or any other organotin compounds (for purposes of a biocide). In cases where TBT antifouling coatings have been applied to a ship, all residual TBT

must be removed from immersed s urfaces or a sealer -coat must be applied to prevent any residual TBT leaching into the environment. EPA is unaware of any nonbiocidal use of TBT which would result in a residual presence in antifouling paints; hence, EPA reaffirms that there must be zero discharge of TBT from vessel hulls. Other less toxic organotin compounds such as dibutyltin oxide are used in very small quantities as catalysts in some biocide- free coatings. One

class of biocidal

- free coatings, which are sometimes referred to as fouling r elease coatings, produce a low- energy surface (i.e., non -stick) to which fouling organisms cannot firmly adhere. To function properly, the coating surface must remain smooth and intact, and not leach into the surrounding water. Because these less toxic organotins are used as a catalyst in the production of biocide free coatings, such production may result in trace amounts of organotin in anti-foulant coatings. Part 2.2.4 of the VGP authorizes the use of non- biocidal coatings which contains trace amounts of catalytic organotin (other than TBT) under the following conditions:

1) The trace amounts of organotin are not used as a biocide. When used as a catalyst, an organotin compound is not to be present above 2500 mg total tin per kilogram of dry paint.

41 The Clea n Hulls Act of 2010 replaced the 1988 Organotin Anti

- Foulant Paint Control Act.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

129 2) Th e coating is not designed to slough or otherwise peel from the vessel hull. Incidental amounts of coating may be released by abrasion during cleaning or after contact with other hard surfaces (e.g., moorings).

EPA has identified three types of BMPs for control of other antifouling hull coating leachate. The first type of BMP addresses the contents and application of the coating. EPA recognizes that different coatings options are available and believes that the types of active agents in hull coatings should be selected to minimize potential effects. The practice of applying coatings according to the instructions on the coating’s FIFRA label should currently be a BMP for all vessels. Label instructions, or “Directions of Use,” provide information about how to apply antifouling coatings so they are efficacious. Coatings applied in an improper manner may contribute to environmental loading without providing the intended protection . Product labels may also provide information on proper disposal of antifouling wastes and wait

- times for returning a vessel to the water to optimize coating longevity and performance. This helps to assure that excess amounts of toxins are not applied, that they are not applied too frequently, and that ships are not reintroduced to th e aquatic environment before the manufacturer has recommended, providing adequate environmental protection.

In addition, should a vessel operator choose to use a hull coating that does not have a FIFRA label, they must ensure that the coating does not cont ain biocides or toxic materials that are banned in the U.S. Vessel operators are always encouraged to select the least environmentally harmful coating possible (e.g., use of lower biocide content coatings, lower biocide release rate, non -persistent biocides, or non- biocidal alternatives).

The second type of BMP addresses the need for particular coatings and selection of the type of coating to apply. The selection of an antifouling system for a particular vessel must be made in consideration of the vessel’s operational profile, including operating speed, drydocking requirements, and the waters in which the vessel will be operating, because such factors affect the fouling rate of the hull and other underwater areas of the vessel. Fouling on vessels that typic ally operate at high speeds may be effectively managed with non -stick, low surface energy, antifouling coatings. Vessels traveling in waters with lower fouling pressure (i.e., reproduction and growth of hard- and soft -fouling organisms) and those that spen d less time at dock are expected to have a lower fouling rate; consequently, such vessels should be able to use either

non- biocidal coating or antifouling coatings with lower biocide release rates. The permit requires that vessel operators minimize the use of antifouling coatings that are designed to control fouling in higher fouling-pressure environs than those in which the vessel is expected to operate. EPA believes these options should be used where feasible rather than opting for more environmentally

da maging coatings.

The third type of BMP is accomplished by matching the coating’s abilities or strength to drydock cycles. Larger vessels, particularly those used in trade and cargo transport, must adhere to requirements for safety inspections and maintenan ce activities that dictate how frequently they must be drydocked. The major manufacturers of hull coatings for this industry will typically guarantee the effectiveness of their products for a certain period of time based on ship and operational characteris tics, so the owner/operator should match the hull coating choice to the appropriate drydocking interval. By factoring this schedule into the hull coating selection, EPA believes that vessel operators will make better decisions regarding the use of coatings that willProposed 2013 Vessel General Permit (VGP) Fact Sheet

130 sufficiently protect the vessel for the period of time needed without creating additional leachate

or wastes.

4.4.5 Aqueous Film -Forming Foam (AFFF) (Part 2.2.5)

The constituents of AFFF can vary by manufacturer, but can include ingredients that are persistent, bioaccumulative, and nonbiodegradable. However, EPA recognizes the desirability of using this type of fire fighting agent for certain classes of fires. Therefore, the permit requirements for AFFF do not apply when the discharge occurs during a fire emergency. If such an emergency discharge occurs, an explanation of the emergency and the need to discharge AFFF must be written in the ship’s log or other recordkeeping documentation, as long as it is consistent with Part 4.2 of this permit.

While E PA recognizes that the ability to properly maintain and train personnel on firefighting equipment is an important safety requirement for vessels, EPA believes that there are available practices for maintenance and training which can be conducted in a fashi on that is not deleterious to the environment. In addition, vessel owner/operators may decide where they conduct the maintenance, and thus, have the ability to limit where they will discharge. Therefore, BMPs for reducing AFFF discharges focus on maintenan ce - and training- related discharges of AFFF. EPA believes BMPs that result in any reduction in discharges of AFFF have environmental benefits. For vessels that do not regularly leave waters subject to the permit, EPA has determined that due to the potentia l environmental effects caused by certain AFFF constituents, maintenance and training discharges must be minimized and should be collected and disposed of onshore. Furthermore, EPA also has found that a less toxic (non-fluorinated),

substitute foam is avai lable for use for training purposes. Owner/operators must use these nonfluorinated substitutes for training when practicable and achievable. Because these activities are planned and occur on an infrequent basis (annually or semi-annually), vessel operator s can arrange to conduct the activities according to the BMPs required in the permit and in a location that poses the least environmental threat. Hence, if these vessel owner/operators will be using these substances in waters subject to this permit, AFFF m ust 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. Lastly, if a vessel will discharge, they should do so as far from shore as practicable.

For vessels that regularly leave the territorial sea, disch arge of fluorinated AFFF for maintenance and training purposes into waters subject to this permit is prohibited. EPA has determined that the most effective BMP is to conduct maintenance and training activities as far from shore as possible. Discharge amounts for regulatory certification and inspection should still be minimized; and within waters subject to this permit, a non -fluorinated foaming agent must be substituted if practicable and achievable, for the regular foaming agent found in the AFFF. To

meet this goal, permittees should use an alternative AFFF formulation that does not contain perfluorinated surfactants.

For all vessels, discharges of AFFF may not occur in or within 1 nm of waters subject to this permit referenced in Part 12.1 of the permit, u nless they are discharged for emergencyProposed 2013 Vessel General Permit (VGP) Fact Sheet

131 purposes, by rescue vessels for firefighting purposes, or by vessels owned or under contract to do business exclusively in or within 1 nm of these waters. If an emergency discharge occurs in these waters, an explanat ion of the emergency and the need to discharge AFFF must be written in the ship’s log or other recordkeeping documentation, consistent with Part 4.2 of this permit. Those vessels owned or under contract to do business exclusively in or within 1 nm of areas protected either federally, or by a state, must use non -fluorinated AFFF or collect it and dispose of it

onshore to the extent feasible.

EPA provided these exceptions to discharges of AFFF to waters listed in 12.1 so that this permit would not interfere with essential emergency management operations. The provision for vessels that are owned or under contract to do business exclusively in or within 1 nm of these waters was provided so that vessels will not have to divert in order to conduct necessary traini ng and maintenance, which would result in additional cost for these vessels and cause other environmental impacts (increased fuel usage and air emissions). However, in order to protect these higher quality waters, these vessel owner/operators must use less environmentally damaging non-fluorinated AFFF.

4.4.6 Boiler/Economizer Blowdown (Part 2.2.6)

The constituents of boiler blowdown discharge vary according to the types of feedwater treatment used, but may include priority pollutants such as antimony, arsenic, cadmium, copper, chromium, lead, nickel, selenium, thallium, zinc, and bis (2- ethylhexyl) phthalate . Discharge volumes are typically less than 300 gallons but the discharge, which consists of steam, water, and sludge, occurs under high pressure (≤1200 psi) and at a high temperature (>325o F) below the

water line.

BMPs to reduce impacts from boiler/economizer blowdown additives are based on minimization of their discharge to nearshore or port receiving waters, thus allowing for more mixing. To further mitigate potential impacts, EPA has specified that vessels greater than 400 gross tons that leave the territorial seas at least once per week cannot discharge within 3 nm of shore, except when the vessel remains in waters subject to this permit for longer than the necessary duration between blowdowns, the vessel needs to conduct blowdown immediately before entering drydock, or for safety purposes. EPA selected once per week as the threshold because the necessary frequency of boiler blowdown can vary from approximately once in two weeks to once in a couple of months for many vessels. For these vessel s, it is therefore practical and achievable for these vessels to only discharge boiler blowdown further than 3 nm from shore. EPA included the caveat that vessels which remain in waters subject to this permit for more than a week can discharge if a week is longer than the necessary duration between blowdown cycles because the Agency became aware that some vessels need to discharge boiler blowdown more often than once a week. In all cases, boiler/economizer blowdown should be discharged as far from shore as practical. No vessel may discharge boiler/economizer blowdown in waters listed in Part 12.1 of the permit, except for safety purposes.

4.4.7 Cathodic Protection (Part 2.2.7)

The constituents of cathodic protection discharges include ionized zinc, magnesium, or aluminum. As an alternative method, Impressed Current Cathodic Protection (ICCP) systems useProposed 2013 Vessel General Permit (VGP) Fact Sheet

132 direct current from a ship -based source in lieu of current supplied from an oxidizing anode (i.e., sacrificial anode). The discharge from either method of cathodic protection is continuous

whenever the vessel is waterborne.

EPA believes that ICCP systems are the environmentally preferable method because these systems eliminate or reduce the need for sacrificial anodes. 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. Cathodic protection may be considered technologically feasible if there is an adequate onboard power supply and the vessel hull size and design can be adequately protected by ICCP.

For sacrificial anode systems, EPA believes that requiring ve ssel operators to utilize the BMP of selecting the least toxic anode material that is practicable, in the order of preference of magnesium, aluminum, then zinc, represents a practicable and achievable approach to reducing impacts from this necessary hull protection operation. Additionally, sacrificial anodes should be used in conjunction with corrosion control coatings to minimize the release of dissolved metals. Furthermore, sacrificial anodes must not be used more than is necessary to adequately prevent corrosion of the vessel’s hull, sea chest, rudder, and other exposed vessel areas.

In addition, EPA is specifying that vessel operators utilize proper BMPs for cleaning and replacing anodes during drydock to reduce excessive flaking or releases from the ox idizing anodes or the dialectic coating from ICCP systems.

4.4.8 Chain Locker Effluent (Part 2.2.8)

When an anchor is onboard and not in use, the anchor chain is stored in the chain locker, which is often equipped with a sump that can accumulate marine organisms as well as residue from the inside of the locker itself, such as rust, paint chips, grease, and zinc. The chain locker sump is emptied either directly overboard or is drained into the bilge tank for later disposal.

BMPs to reduce or eliminate chain locker effluent discharge require the vessel operator to ensure the chain itself is properly cleaned when brought out of the water to reduce the likelihood of transporting marine organisms and sediment. This practice is currently performed by vessels,

u sing their firemain system, to remove sediments and other material. However, EPA believes vessel operators should use this practice routinely and be advised to perform more thorough wash downs to effectively prevent the transport of marine organisms between water bodies.

Additionally, EPA is requiring ocean-going vessels to clean out, rinse, or pump out chain lockers in open waters (greater than 50 nm from shore), if technically feasible, to reduce the chances of transporting organisms to other water bodies where they may cause potential harm. Vessels that leave waters subject to this permit at least once per month are not allowed to rinse or pump chain lockers in waters subject to this permit, unless not doing so would compromise safety. Because these practices are or can be implemented easily by these vessels, EPA believes this BMP is reasonable for this general permit. The requirement to clean chain lockers as part of scheduled drydock maintenance provides additional protection from discharges resulting f rom chipped paint or oily leaks from machinery.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

133 4.4.9 Controllable Pitch Propeller (CPP) 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, and Propulsion Pod Lubrication and Wire Rope and Mechanical Equipment Subject to Immersion (Part 2.2.9).

Vessel owner/operators often use lubricants to maintain the functionality and structure of equipment such as wire rope and other mechanical equipment. This permit requires vessel owner/operators of vessels built after December 19, 2013 to use environmentally acceptable lubricants for oil to sea interfaces. In addition, all other vessel owner/operators must use

environment ally acceptable lubricants for oil to sea interfaces when technically feasible, and all vessel owner/operators must apply lubricants and maintain all seals so that discharges do not result in quantities of oil that may be harmful. For all applications wher e lubricants are likely to enter the sea, environmentally acceptable lubricant formulations using vegetable oils, biodegradable synthetic esters or biodegradable polyalkylene glycols as oil bases instead of mineral oils can offer significantly reduced envi ronmental impacts across all applications. Furthermore, before being placed in service, and after periodic lubrication, wire ropes or cables and other equipment must be thoroughly wiped down to remove excess lubricant.

Constituents of hydraulic oil will va ry by manufacturer but may include copper, tin, aluminum, nickel, and lead. Up to 20 ounces of oil may be released for every CPP blade that is replaced, with blade replacement occurring several times per month on average. When the blade replacement include s removal of the blade port cover (generally occurring infrequently, less than once per month), it is possible that, in a worst case scenario, five gallons of oil might be discharged into surrounding waters. Normal blade replacement is typically done in drydock unless the blade has been damaged.

The permit includes BMPs to reduce or eliminate CPP hydraulic fluid discharge and require that the seals be maintained in good working order to reduce leakage. In addition, maintenance activities should be conducted while the vessel is in drydock to prevent accidental spillage of oil.

BMPs to reduce or eliminate stern tube oily discharge require that the seals or fittings be maintained in good working order to prevent leakage. Furthermore, except in emergency

situa tions, major maintenance should occur in dry dock where oils cannot be released to the environment. If emergency maintenance must occur in the water, the permittee must use an oil boom, or other appropriate spill response resource, to contain any potential oil discharge and must have appropriate spill cleanup materials on hand.

Depending on the type of rudder bearings in use, this discharge can cause oil or grease to

be released into the water column. Oil- lubricated bearings are kept at a slightly positive pressure in relation to the outside ambient water pressure and will only discharge into the surrounding

water if a leak occurs around the rudder mechanism. Vessels can install hull seals where the rudder penetrates the hull to prevent the type of leaks that could lead to oil discharges.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

134 EPA has determined that discharges of lubricants should generally not occur if vessels are properly maintained. Vessel operators should employ all necessary control measures such as regular maintenance and inspections to en sure that leaks do not occur

As noted above, today’s permit mandates the use of environmentally acceptable lubricants (EALs). The market for EALs continues to expand, particularly in Europe, where the use of such lubricants is being encouraged through a combination of tax breaks, purchasing subsidies, and national and international labeling programs, which are based on well- defined criteria. Those criteria include the lubricant’s toxicity, biodegradability, bioaccumulation rates, and

renewable content. Ex amples of National Labeling programs include Germany’s Blue Angel Program, The Swedish Standard, Nordic Swan, and the European Eco- Label Program.

The German Blue Angel has criteria for several classes of lubricants, including hydraulic fluids, lubricating oils, and greases. In order to qualify for certification, a lubricant must possess the following characteristics: biodegradability; low toxicity to aquatic organisms; not bioaccumulative; and not containing dangerous components, such as carcinogens or tox ic substances as defined by Germany’s Ordinance on Hazardous Substances. A product must also pass technical performance characteristics appropriate for its use.

The Swedish Standard has standards for hydraulic fluids (SS 155434) and greases (SS 155470). Evaluation of a lubricant under the Swedish Standard involves evaluation of biodegradability and aquatic toxicity, as well as sensitizing properties of a lubricant formulation and its components (Habereder et al. 2008). The Swedish Standard evaluates biodeg radability using ISO test methods (e.g., ISO 9439), and has varying requirements, depending upon class, for renewable resources content (SP 2010). The Swedish Standard is unique because it was conceived and developed as a collaborative project between government and industry. The program has more listed lubricant products, particularly hydraulic fluids, than any national labeling program (IENICA 2004).

The first international labeling program for EALs was the Nordic Swan program, encompassing Norway, Sweden, Finland, Iceland, and Denmark, which was initially introduced for hydraulic oil, two-stroke oil, grease, and transmission and gear oil (IENICA 2004). The Nordic Swan certification addresses biodegradability, aquatic toxicity (OECD 201&202) and technical performance, as well as renewability. The renewability requirement are the highest of all the labeling programs (e.g., at least 65% renewable content for hydraulic fluid, transmission fluid, gear oil, or grease, and at least 50% for two-stroke oil).

Eco

- la bel is considered to be the first major advancement towards creating a single international standard, and is becoming the most generally accepted label. The Eco- label for lubricants was established in 2005, and includes hydraulic fluids, greases, and total loss lubricants, such as two- stroke oils. This labeling scheme consists of seven criteria encompassing biodegradability, aquatic toxicity, bioaccumulation, and the presence of certain classes of toxic substances (Habereder et al. 2008). A complete list of all lubricants that carry the European Eco

Label can be found at http://www.eco

- label.com/default.htm.

The new requirements in this proposed permit will increase the use of EALs by vessels operating in waters of the United States. Part 7 of the permit de fines environmentally acceptableProposed 2013 Vessel General Permit (VGP) Fact Sheet

135 lubricants to denote a lubricant that is biodegradable, exhibits low toxicity to aquatic organisms and has a low potential for bioaccumulation. This iteration of the VGP will further increase the use of these products, whic h will result in decreased environmental impact from the operational discharges of oil. Because the majority of a lubricant is composed of the base oil, the base oil used in an EAL must be biodegradable. The three most common categories of biodegradable base oils are: 1) vegetable oils, 2) synthetic esters, and 3) polyalkylene glycols. Traditional mineral oils have a small biodegradation rate, a high potential for bioaccumulation and a measurable toxicity towards marine organisms. In contrast, the base oils derived from oleochemicals (vegetable oils and synthetic esters) degrade faster and have a smaller residual, do not bioaccumulate appreciably and have a lower toxicity to marine organisms. Polyalkylene glycol

- based lubricants are also generally biodegrada ble and do not bioaccumulate; however, some PAGs are more toxic due to their solubility. Lower environmental impacts will occur when a greater proportion of base oils are manufactured from non- mineral based oils.

EPA has proposed that new build vessels (those constructed after December 19, 2013)

must use EALs in their oil

- to

- sea interfaces. An existing vessel (one constructed before December 19, 2013) must use an EAL in their oil- to

- sea interfaces unless it is technically infeasible to use it in existing equipment (The permit does not require that vessel machinery or equipment be retrofitted to accept EAL). If an existing vessel finds it is technically infeasible to use an environmentally acceptable lubricant for their vessel, the owner/operator must exp lainwhy they cannot do so in their recordkeeping documentation, and must note the use of a nonenvironmentally acceptable lubricant in the vessel’s Annual Report. EPA notes that the use of EALs would not be technically feasible if those lubricants signif icantly degrade the performance of the propulsion or navigation systems.

EPA has found that use of EALs in all new build vessels and all existing vessels (unless technically infeasible) represents BAT. EALs are available and their use is economically

achi evable (see US EPA, 2011). In establishing different requirements for new build vessels versus existing vessels, EPA considered the processes employed and potential process changes which might be necessary by some existing vessels to use EALs. If the per formance of EALs does not meet the needs of existing equipment onboard existing vessels, the cost of substituting new equipment might be substantial. However, many existing vessels can use EALs which are compatible with their existing equipment. Hence, it is technically feasible for many existing vessels to use EALs, but might not be technically feasible for some existing vessels to use EALs with existing equipment. For these vessels, EPA does not believe it is economically achievable to require those vessels to install new equipment so that they can use these more environmentally friendly lubricants. Using similar reasoning, EPA found that the use of EALs for all new build vessels is economically achievable. New build vessels can select equipment during design and construction which is compatible with EALs. Furthermore, they can design additional onboard storage area for EALs if they choose to use traditional mineral based oil for engine lubrication (thereby needing two types of oils on-hand). Extra storage area needed would be minor.

Use of an environmentally acceptable lubricant does not authorize the discharge of any lubricant in a quantity that may be harmful as defined in 40 CFR Part 110 as these oils still cause many undesirable environmental impacts, though these impacts are potentially less severe than those caused from petroleum based oils.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

136 Lastly, any discharge of oil, including oily materials, from any of these oil to sea interfaces may not result in a discharge that may be harmful as defi ned by 40 CFR Part 110 or result in the production of a visible sheen.

4.4.10 Distillation and Reverse Osmosis Brine (Part 2.2.10)

Onboard distillation and RO systems discharge brine is essentially concentrated seawater with the same constituents of seawater, i ncluding dissolved and suspended solids and metals.

Anti

- scaling treatments and anti -foaming and acidic cleaning compounds may be injected into the distillation system. The effluent constituents from distillation and RO discharge were found

to exceed water quality criteria for several metals, nitrogen, and phosphorus but did not exceed thermal mixing zone standards. These constituents are generally present in the receiving water used in the distillation or reverse osmosis process and are merely concentrated in the distillation or osmosis process.

The BMPs EPA has included in the permit require vessel operators to keep the reject water from coming into contact with materials, products, or wastes which may contaminate the discharge with potentially environment ally harmful substances. The Agency believes that returning the concentrated seawater back to the marine environment should not cause environmental harm if done in areas where the brine can be appropriately diluted by the receiving water.

4.4.11 Elevator Pit Effluent (Part 2.2.11)

Elevator pit discharge will have constituents similar to those found in deck runoff and firemain water, which may include lubricants, cleaning solvents, soot, and paint chips. Tests conducted by EPA and DOD (US EPA, 1999) on Armed Force s vessels discovered that some detected constituents from elevator pit effluent exceeded the most stringent state water quality standards, including total nitrogen, bis(2-ethylhexyl) phthalate, copper, iron, and nickel.

The permit does not authorize the d ischarge of untreated elevator pit effluent except in emergency situations or when managed with the ship’s bilge water. The emergency situation must be documented in the ship’s log or other recordkeeping documentation consistent with Part 4.2. The information in today’s permit demonstrates that the discharge of untreated elevator pit effluent is not generally essential to the safe operation of a vessel and that it can easily be held for proper disposal or treated with the vessel’s bilgewater. Further, the A gency feels that the limited amount of effluent generated and the high likelihood of its contamination at harmful levels can best be addressed by storage of the effluent for treatment and disposal onshore. However, if elevator pit effluent must be managed with the ship’s bilgewater, it may be discharged provided the bilgewater/elevator pit effluent meets the requirements of Part 2.2.2.

4.4.12 Firemain Systems (Part 2.2.12)

Firemain water can contain a variety of constituents, including copper, zinc, nickel,

alumi num, tin, silver, iron, titanium, and chromium. Many of these constituents can be traced to the corrosion and erosion of the firemain piping system, valves, or pumps. Discharges from the firemain system are allowed under the permit in case of emergency, when necessary to ensure the safety of the vessel and crew, as well as for testing purposes to ensure the system will beProposed 2013 Vessel General Permit (VGP) Fact Sheet

137 operational in an emergency. However, when feasible, the maintenance and training discharges of the firemain should occur outside ports or other shallow waters and outside waters subject to this permit. In addition, EPA believes that the use of firemain systems for anchor chain washdowns is likely to result in benefits by reducing the potential transport of invasive species. Therefore, the discharge of firemain systems is allowed under the permit when pulling the anchor and anchor chain from protected waters in accordance with the anchor washdown requirements of the permit.

4.4.13 Freshwater Layup (Part 2.2.13)

Discharges of freshwater layup efflue nt include the constituents of the potable water along with residual seawater, any residue that may leach from the condenser while the water is being held, and disinfectants like chlorine or chloramine. The Agency recognizes that disinfectants are

necessar y to reduce aquatic growth within the condenser system. Therefore, the permit requires that vessel operators reduce the potential for harmful impacts by minimizing the use of these

treatment chemicals to the lowest effective level that will meet the needs of the system. EPA believes that this can be accomplished by following the application rate suggestions provided by the treatment manufacturers to keep the discharge of the disinfectants as low as possible.

4.4.14 Gas Turbine Wash Water (Part 2.2.14)

Rates and co ncentrations of gas turbine wash water discharge vary according to the frequency of washdown with some Navy vessels conducting washdowns as frequently as every 48 hours with over 100 gallons of washwater being generated. Discharges resulting from gas turbine washdown may include cleaning solvents and substances such as naphthalene and other hydrocarbons. Furthermore, due to the nature of the materials being cleaned, there is a higher probability of heavy metal concentrations. Washdown water from gas turbines may not be discharged into waters subject to this permit unless it is infeasible to separately collect this washwater or only conduct washes outside 3 nm. If it is infeasible to separately collect the water, the washwater must be treated by an oily water separator before discharge. Under most circumstances, EPA believes the water generated is of small enough volume that either 1) it can be collected and held for onshore disposal or disposal in waters not subject to this permit provided the discharge meets all other applicable law or 2) vessel operators can wash down gas turbines when they are not in waters subject to this permit.

4.4.15 Graywater (Part 2.2.15)

The volume of graywater generated by a vessel is dependent on the number of passengers

and crew. It is e stimated that, in general, 30 – 85 gallons of graywater is generated per person per day (Copeland, 2008). Estimates of graywater generation by cruise ships that can accommodate approximately 3,000 passengers and crew range from 96,000 to 272,000 gallons of graywater per day or 1,000,000 gallons per week. Navy designers use a generation standard of 50 gallons per person per day when constructing graywater collection systems.

Graywater discharges can contain bacteria, pathogens, oil and grease, detergent and soap residue, metals (e.g., cadmium, chromium, lead, copper, zinc, silver, nickel, mercury), solids,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

138 and nutrients. Of these constituents EPA has found ammonia, copper, lead, mercury, nickel, silver, and zinc concentrations that exceed water quality criteria in the discharge.

Several BMPs are practicable and available for control of graywater impacts. First, vessel operators are required to minimize the production and discharge of graywater while in port. Producing less graywater while in port will result i n less volume of graywater discharge in those areas. Secondly, for large vessels that regularly leave waters subject to the permit with 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 the permit along with any vessel specific requirements. Releasing large volumes of untreated graywate r in nearshore environments, estuarine environments, or in waters with limited circulation is more likely to cause negative environmental impacts. This is because these environments are likely to have higher vessel traffic and, therefore, greater graywater generation and discharge, are more likely to be stressed by other anthropogenic forces, and are likely to have less ability for dilution and assimilative capacity. The provision limiting the discharge of untreated graywater within 1

nm of shore when the v essel has holding capacity is a limit that will help protect these ecosystems. Additional conditions apply to vessels which do not travel more than 1 nm from shore in order to help reduce the discharge of untreated graywater to these environments. EPA

doe s not expect existing vessel owner/operators to install graywater treatment storage capacity. Vessels which have sufficient graywater storage capacity but do not currently treat their graywater to the standards listed in the permit, must utilize onshore t reatment when available and economically practicable and achievable. These requirements will reduce their discharges of untreated graywater.

Additionally, soaps and detergents used in any capacity that will be discharged as graywater must be non-toxic and phosphate-free, and should be biodegradable where possible unless there is evidence that they would be harmful to the aquatic environment. Not allbiodegradable soaps are appropriate for all aquatic environments, but EPA believes that nonharmful varieties will be available in most situations and should be used when they are available.

Non -toxic soaps are those that 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 and are not required to be labeled Toxic or Highly Toxic. Phosphate free soap is considered to contain 0.5% by weight or less of phosphates or derivatives of phosphates. Reducing use of these products will reduce acute and chronic impacts of vessels that generate graywater on aquatic waterbodies and will limit eutrophication in all waters that are phosphorus limited ecosystems. Products meeting these standards are currently commercially available. Changes in cost associated with usi ng these products are estimated in the economic analysis.

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 i f 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.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

139 4.4.15.1 Additional Graywater Requirements for Vessels Operating in the Great Lakes

As discussed above, vessels that are commercial vessels as defined in CWA section 312(a)(10) are not subject to this sectio n. All other vessels subject to this permit must hold all graywater for onshore discharge to an appropriate shoreside facility or must treat the graywater prior to discharging, in accordance with the standards listed in Part 2.2.15.1(ii) when operating on the Great Lakes. These vessels must also conduct monitoring in accordance with Part 2.2.15.2 of the permit, including keeping records.

EPA has included this requirement because the Agency determined that treatment of this waste stream by VGP vessels repre sents the appropriate level of control. EPA had previously believed that any non- recreational vessel greater than 79 feet treated or otherwise held their graywater when operating on the Great Lakes. However, EPA heard from vessel owner/operators who beli eve that their vessels do not meet the definition of “commercial vessel” in section 312(a)(10). (The Agency takes no position on whether any individual vessel discussed by these commenters falls within the “commercial vessel” definition.) EPA therefore b elieves it is appropriate to set limits for any such vessels.

Numerous vessels operating on the Great Lakes currently either hold their graywater for onshore disposal at a sewage treatment plant or treat that graywater using an existing Marine

Sanitation Device meeting the 40 CFR Part 140 standards. Hence, holding capacity is present on vessels or treatment devices are available and used for managing graywater from vessels operating on the Great Lakes, and EPA believes most, if not all VGP eligible vessel s operating on the Great Lakes should already be meeting these conditions. EPA requests comment on

whether this conclusion.

Therefore, EPA believes that meeting these standards represents a BPT/BCT level of control. At this time, unlike with Cruise Shi ps (see Sections 7.1 and 7.2 of this fac t sheet for discussion), EPA does not have the information necessary to require a more stringent technology- based graywater discharge limit for these vessels.

4.4.15.2 Graywater Monitoring

The requirements in Part 2.2.15.2 of the permit apply to vessels constructed on or after December 19, 2013 which provide overnight accommodation to at least 10 crew , and apply to “non-commercial” vessels operating on the Great Lakes, pursuant to Part 2.2.15.1 of the permit.

EPA is requiring monitoring for vessels subject to 4.4.15.1 above to assure they are meeting the effluent limits in that part. New build vessels which provide overnight accommodation to at least 10 crew are required to monitor, whether they use treatment or not, to help the Agency better characterize the effluent from these permittees, and for those permittees that use treatment, to better understand the efficacy of that treatment. EPA will use this information in the development of the next VGP. EPA has not required monitoring for existing vessels so as to not require the retrofitting needed for graywater systems to install petcock valves or similar sampling ports. Likewise, EPA has not required vessels with fewer than 10 crew and overnight accommodatio n to monitor because 1) these vessels tend to produce less graywater andProposed 2013 Vessel General Permit (VGP) Fact Sheet

140 2) these vessels tend to have lower revenues than larger vessels and the costs imposed might be more burdensome for these vessel owner/operators at this time.

Each vessel subject to these requirements must conduct and analyze two samples per year and report the results as part of the vessel’s Annual Report. Part 2.2.15.2 states that samples must be taken for BOD, fecal coliform, suspended solids, pH, and total residual chlorine, and th at sampling must be conducted in accordance with the 40 CFR Part 136 methods. Samples taken

from non- commercial vessels operating on the Great Lakes must meet the standards specified in Part 2.2.15.1 of the permit. Records of monitoring information must i nclude the date, exact place, and time of sampling/measurements, the individual(s) who performed the sampling/measurements, the date(s) the analyses were performed, the individual(s) who performed the analyses, the analytical techniques/methods used, and the results of such analyses.

All records of the sampling and testing results must be retained onboard in the vessel’s recordkeeping documentation for 3 years. If a vessel does not enter waters subject to this permit for the calendar year, the owner/operator does not need to conduct monitoring for that year. However, the vessel’s Annual Report must clearly state that the vessel did not enter waters subject to this permit during that year.

4.4.16 Motor Gasoline and Compensating Discharge (Part 2.2.16)

Ambient wate r is added to fuel tanks as the fuel is used. When gasoline is reloaded to the tanks while in port, the water is discharged. The discharged ambient water may contain traces of gasoline constituents, which generally will contain alkanes, alkenes, aromatics (e.g., benzene, toluene, ethylbenzene, phenol, and naphthalene), metals, and additives. Analyses of compensating discharge have shown that benzene, toluene, ethylbenzene, phenol, and naphthalene may exceed water quality criteria in the discharge.

EPA has i ncluded BMP limitations in the permit based on a vessel’s ability to treat the compensating discharge using an oil water separator to meet oil limitations of less than 15 ppm. The permit also requires that this discharge be minimized while the vessel is in port, which can be accomplished by disposing of the wastewater onshore where practicable and available.

4.4.17 Non -Oily Machinery Wastewater (Part 2.2.17)

Non

- oily machinery wastewater discharge rates vary by vessel size and operation type, ranging from less th an 100 gallons per hour (gph) to over 4,000 gph. Constituents of non- oily machinery wastewater discharge include a suite of conventional pollutants, metals, and organics. Many of the specific constituents in the discharge can exceed water quality criteria, including copper, nickel, silver, zinc and a collection of nutrients. Mercury also may be present, but reported concentrations did not exceed the standards.

EPA has determined that non- oily machinery wastewater can be discharged if control measures are instituted to keep the waste stream free of oils and additives that are toxic and bioaccumulative. Alternatively, non- oily machinery wastewater can drain to the bilge.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

141 4.4.18 Refrigeration and Air Condensate Discharge (Part 2.2.18)

This discharge may contain meta ls from the refrigeration/air conditioning coils and drainage systems, including aluminum, copper, iron, lead, nickel, silver, tin, and zinc. Traces of detergent also may be found in this discharge from the cleaning of refrigerated spaces, as can seawater and freshwater. This waste stream can easily be kept segregated from oily wastes and safely discharged, channeled and collected for temporary holding until disposed of onshore, or drained to the bilge. The permit prohibits refrigeration and air condensate from coming into contact with oily or toxic materials if it is discharged directly overboard. However, if the condensate is collected for internal recycling, it may be subsequently commingled with other oily discharges provided that the combined discharge meets the requirements of Part 2.1.4 and, if applicable, Part 2.2.2.

4.4.19 Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration Cooling Water) (Part 2.2.19)

The potential constituents of seawater cooling overboard discharge include entrained or dissolved materials from the system itself, including copper, iron, aluminum, zinc, nickel, tin, titanium, arsenic, manganese, chromium, lead, and oil and grease. . Based on existing research

condu cted for the UNDS program, seawater cooling discharge rates can reach as much as 170,000 gallons per minute (gpm) for an in- transit aircraft carrier with copper, nickel, and silver concentrations in the discharge that exceed water quality criteria.

Cooli ng water also can reach high temperatures with the thermal difference between seawater intake and discharge typically ranging from 5°C to 25°C, with maximum temperatures reaching 140°C. EPA has not prohibited the discharge of the heated seawater because it is infeasible with existing vessel design to prohibit its discharge. However, the Agency believes if vessel operators institute the BMP of reducing discharges to ports or enclosed water bodies, impacts from the heated waters will be reduced. Discharges of seawater can be reduced by using shore based power when electrical systems on board vessels are compatible with the available shore power.

In addition, mud, biota, and other debris can stick to the strainer plates and require periodic clearing. The permit requires that vessel operators incorporate the regular removal of fouling organisms from seawater piping and cooling systems to prevent possible transport of species to other water bodies. The risk of introducing invasive species is reduced considerably w hen vessel owner/operators remove fouling organisms while at sea (greater than 50 nm from any shore). Hence, vessel owner/operators should clean piping while at sea in lieu of cleaning these systems in waters subject to this permit if they frequently sail far from the coast.

4.4.20 Seawater Piping Biofouling Prevention (Part 2.2.20)

To prevent biofouling of seawater cooling systems, small amounts of biocidal substances are sometimes injected near the seawater intakes to prevent biofouling by any organisms that

may have been drawn in along with the cooling water. Seawater that has been discharged afterProposed 2013 Vessel General Permit (VGP) Fact Sheet

142 being treated with chlorinating substances will contain free chlorine and reaction products (halamines, free bromine, and halogenated organics).

The requirements of the permit reinforce current environmental regulations established under FIFRA. Under the permit, biofouling chemicals for seawater piping must be used according to their FIFRA label and are prohibited from discharge if they are banned for use in the U.S. A banned pesticide does not simply mean one that is unregistered under FIFRA.

Vessel owner/operators must use the minimum amount of biocide needed to keep fouling under control. Using visual observations, vessel operators can determine if they are achievi ng the desired level of biofouling prevention with lower concentrations of biocide. If an organic biocide is used, it should have a short half-life. If an oxidizing biocide is being used, the total residual

oxidant concentration of the effluent should be m onitored periodically to ensure that excessive amounts of biocide are not being released into the environment.

4.4.21 Boat Wet Engine Exhaust (Part 2.2.21)

Large vessels may have one or many smaller vessels onboard that serve purposes ranging

from lifeboats to la nding craft. These auxiliary vessels may have engines which produce wet exhaust. Wet exhaust can contain nitrogen oxides, sulfur dioxide, hydrocarbons and other organic compounds, carbon monoxide, and particulates. The amount of wet engine exhaust depends on the size of the marine engine, the diameter of the water pump's impeller, and the engine speed, measured as revolutions per minute (RPM). For smaller motors such as outboards, EPA estimates wet engine exhaust discharge rates can range from 5 to 10 gpm when operated between 1,500 and 3,000 rpm. For inboard diesel engines, flows can range from 20 gpm to 30 gpm when the engine operates between 1,500 and 2,000 rpm (Shirwood Pumps, 2011) to more than 100 gpm for larger engines operating above 2,500 rpm. In comparison, for naval vessels, EPA estimates that outboard engines discharge wet exhaust at a rate of 20 gpm while inboard diesel engines have an estimated discharge rate of 150 gpm. The constituents discharged by outboard engines differ from those discharged by inboard engines, due to the different fuel and engine types. For these outboard engines, a handful of organic constituents are estimated to exceed water quality criteria in the discharge. Inboard engines may produce discharges that exceed water qu ality criteria for polycyclic aromatic hydrocarbons (PAHs). EPA believes that well maintained engines are less likely to cause these exceedances, and is therefore, requiring operators to implement control measures to ensure their engines are maintained in proper working order. Furthermore, vessel owner/operators should use low sulfur or alternative fuels for their vessels to reduce the concentration of pollutants in their discharge.

Vessels that generate wet exhaust must be maintained in good operating cond ition and functioning according to manufacturer specifications. Vessel operators are encouraged to consider four-stroke engines in lieu of two- stroke engines to minimize the discharge of pollutants to waters subject to this permit. Vessels that use two

- st roke engines must use environmentally acceptable lubricants, if feasible. EPA has included this requirement because two- stroke engines tend to release more oil to receiving waters than 4 stroke engines. Use of environmentally acceptable lubricants will r educe the environmental impact of those oils when discharged.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

143 4.4.22 Sonar Dome Discharge (Part 2.2.22)

Sonar domes are typically found on research vessels and may sporadically be found on other vessels covered by this permit. Maintenance on the sonar dome, while typically (but not always) done while a vessel is in dry dock, can involve the release of the inner sonar dome water. In addition, the components of the outside of the sonar dome can leach into the surrounding waters, including antifouling agents, plastic , iron, and rubber. Along with these materials, tin, zinc, copper, nickel, and epoxy paints may be found on the inside of sonar domes. Some of the discharge concentrations of these components can exceed water quality criteria. Discharge rates

are estimated at as little as 300 gallons and as much as 74,000 gallons from inside the sonar dome with every repair event.

Because EPA has not identified any available BMP or feasible treatment technology other than zero discharge, this permit requires that water from inside the sonar dome may not be discharged. In addition, vessel operators should not use bioaccumulative biocides on the exterior

of sonar domes when other viable alternatives are available.

4.4.23 Underwater Ship Husbandry Discharges (Part 2.2.23)

Extensive hull repair that requires the use of significant raw materials or other potentially toxic chemicals should be conducted while the vessel is in drydock when feasible. Owner/operators must take all precautions to minimize the discharge of raw, toxic, or oily materials while doing any underwater vessel repairs, and these discharges must comply with all applicable federal laws.

EPA recommends that extensive hull cleaning be conducted when the vessel is in drydock or when the byproducts of the cleaning can be contained and disposed of properly, especially when cleaning hulls using water pressure based systems. This BMP encourages all waste to be collected and disposed of properly to ensure that it is not washed into nearby waters. While these practices do not sp ecifically address the release of antifouling materials from hulls during vessel operations (i.e., hull coating leachate), they are critical to controlling levels of contaminants that result in the same type of environmental degradation. In addition, these same practices will reduce the potential for release of introduced species during hull cleaning and paint preparation

activities.

Some vessels are too large to be regularly removed from the water and any repair or maintenance required on the hull or hull appendages must occur while the vessel is pier- side between drydockings. Hull cleaning and repair activities conducted on the water can cause the release of a wide range of constituents, including elements of the vessel hull; hull coatings; cleaning agents; and species that are attached to and are associated with the hull and other submerged areas of the vessel and were transported to non-native waters. Use of non- toxic paints (e.g., low surface energy paints) will reduce the discharge of toxic materials into the water column during any cleaning If cleaning and repair activities on hulls coatings with biocidal activity must take place when the vessels is in the water, certain practices can reduce the potential risks associated with those activities.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

144 EPA has not identified an alternative to underwater ship husbandry, a viable treatment technology, or specific practices that will eliminate all releases of contamination. To limit such releases the Agency is requiring that vessel operators employ removal and cleaning methods that reduce the environmental impacts due to releases of biocides, hull coating materials, and invasive species. EPA has determined that use of soft brushes when cleaning hulls helps eliminate the release of paints and hull materials; hence, you must use the softest brush practicable to effectively remove living organisms from the vessel hull. Furthermore, when

available , EPA recommends that vacuum cleaning technologies be employed in conjunction with mechanical scrubbing to reduce releases of environmental contaminants. Vacuum cleaning allows the materials scrubbed from the vessel hulls to be collected and disposed of onshore. These approaches are not widely commercially available; hence, EPA has not required that they must be used in this permit. Dry dock cleaning is the preferred alternative to underwater ship husbandry whenever possible.

In addition, vessel hulls and hull appendages are a potential source for the spread of aquatic nuisance species. Vessel owner/operators must minimize the transport of attached living organisms when they travel into waters subject to this permit from outside the U.S. economic zone or when traveling between COTP zones. Minimization techniques include preventing the hull from fouling using appropriate anti-foulant paint (see 4.4.3.9.4 of this fact sheet) and frequently removing fouling organisms from the hull.

4.4.24 Welldeck Discharges (Part 2.2.24)

Potential constituents of welldeck discharges include fresh water, distilled water, firemain water, graywater, air -conditioning condensate, sea-salt residues, paint chips, wood splinters, dirt, sand, organic debris and marine organisms, oil, grease, fuel, detergents, combustion by-products,

and lumber treatment chemicals. EPA has determined that control measures can reduce some of the potential i mpacts from welldeck discharges. The permit, therefore, distinguishes what types of waste may be discharged as welldeck discharges.

Further, EPA is requiring that vessel operators practice good housekeeping to ensure that no garbage or wastes that can cause a visible sheen are discharged. Should these wastes be present, the vessel operator must retain the discharge for onshore disposal.

4.4.25 Graywater Mixed with Sewage from Vessels (Part 2.2.25)

Some vessel operators mix graywater with sewage discharges. Once these two discharge types are commingled, it is impossible to separate out which constituents within the effluent are from which discharge type. Therefore, although discharges of sewage from vessels are exempt from permitting pursuant to CWA Section 502(6), all graywater discharges containing sewage are required to meet the relevant standards contained within this permit for graywater including discharge minimization requirements, prohibitions, standards, and other requirements applicable to graywater in Par t 2 and Part 5 as appropriate. While not a requirement of this permit, vessel operators should be aware that CWA Section 312 and its implementing regulations contain requirements for discharges of sewage from vessels which also apply to sewage mixed with

g raywater.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

145 4.4.26 Exhaust Gas Scrubber Washwater Discharge (Part 2.2.26)

On October 9th, 2008, the Parties to MARPOL adopted stringent new standards to control harmful exhaust emissions from the engines that power ocean going vessels. These engine and

fuel standards are included in amendments to Annex VI of MARPOL. The United S tates ratified Annex VI on October 8, 2009, and the revised Annex VI entered into force on July 1, 2010.

Annex VI, among other things, requires vessels to reduce their air emissions of sulfur. The

allowable sulfur content of fuel will fall in the Emissio n Control Areas (ECAs), including the Baltic Sea, the North Sea and the English Channel, from 1.5% to 1% in July of 2010 and to 0.1% in January of 2015. A North American ECA (including waters adjacent to the Pacific, Atlantic and Gulf coasts and the 8 main Hawaiian Islands) will become enforceable in 2012 (US EPA, 2010b). Globally, the highest permitted sulfur content of fuel will fall from 4.5% to 3.5% in January of 2012 and to 0.5% in January of 2020.

The IMO developed guidance criteria for the use of exhaust gas cleaning devices, such as SOx scrubbers, as an alternative to operating on low sulfur fuel. As a component of their analyses, the IMO also set out scrubber washwater criteria in section 10 of the guidelines for Exhaust Gas Cleaning Systems (Resol ution MEPC.170(57)). The IMO has subsequently updated their guidelines in the 2009 Guidelines for Exhaust Gas Cleaning Systems (IMO Annex 9, Resolution MEPC.184(59), adopted July 17, 2009). A byproduct of some exhaust gas cleaning technology is the washwater generated by the exhaust scrubbing.. This washwater may include suspended solids, nitrates and sulfates (and nitric and sulfuric acids which impact pH), metals, and polycyclic aromatic hydrocarbons (PAHs). Before the washwater is discharged, it general ly would need to be processed to remove numerous pollutants.

Exhaust gas scrubbers can be classified as dry scrubbers, wet scrubbers, and hybrid scrubbers. Dry scrubbers do not use washwater to capture sulfur oxides from the exhaust gas

and thus to not d ischarge wastewater into waters of the US. Instead, exhaust gas is passed through a bed of granular solid media such as calcium carbonate (CaCO3), burnt lime (CaO), or hydrated lime (Ca(OH)2), to which the sulfur oxides absorb and react to form gypsum (CaS O4) (Couple Systems, 2010).

There are two main wet scrubber technologies. The first, referred to as seawater scrubbing, is an open-loop design which uses seawater to scrub the exhaust and then discharges the washwater back to the sea following treatment. In a seawater scrubber, the exhaust gases are brought into contact with seawater, either through spraying seawater into the exhaust stream or routing the exhaust gases through a water bath. The sulfur dioxide (SO2) in the exhaust gas dissolves in the washwater, where it is ionized to bisulphate and sulfite, which are then readily oxidized to sulfate (Karle and Turner, 2007). The ionization also produces acidity, as does the sulfuric acid formed from sulfur trioxide (SO3). The sulfuric acid in the water the n reacts with

carbonates and other salts in the seawater to form sulfates which are removed in the washwater (US EPA, 2009). The washwater is then treated to remove solids and raise the pH prior to discharge back to the sea.

A second type of wet SOx scrubb er is a closed loop system. Fresh water is used as washwater, and caustic soda is injected into the washwater to neutralize the sulfur in the exhaust.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

146 A small portion of the washwater is bled off and treated to remove suspended solids, which are

held as sl udge and disposed of ashore, as with the open loop design. The treated bleed- off washwater can be discharged at open sea or held on board. Additional fresh water is added to the system as needed. While this design is not completely closed loop, strictly sp eaking, it can be operated in zero discharge mode for a period of time (US EPA, 2009).

Hybrid scrubbers can operate as either open or closed scrubbers. The hybrid systems can operate with either seawater (open loop) or freshwater (closed loop). At sea, th e system operates with seawater and, in harbors and estuaries, the system can operate on freshwater in a closed loop system (Aalborg, 2010).

The limits applicable in the VGP apply to wet scrubbers and hybrid scrubbers. Wet scrubbers have been designed to process and remove pollutants before they are discharged. Several trials have been conducted using wet SOx scrubbers aboard marine vessels, which have demonstrated the capabilities of this technology to remove sulfur emissions from exhaust gas (Entec 2005, EPA 2009). These trials have also provided limited data which characterize constituent concentrations in washwater discharges. The trials aboard three vessels, the Zaandam, Pride of Kent and Suula provided measurements of several washwater constituents including pH and pollutants removed from the exhaust gas (SOx and NOx, and the products of their transformation: acidity, SO4, NO3 and COD) and particulate matter (PM), (which may contain PAHs, hydrocarbons and metal oxides). Other constituents in seawater scrubber washwater (dissolved metals) were attributable to dissolution of scrubber system materials due to the high acidity of washwater in the open scrubber systems. Neutralization of washwater was achieved by blending with sufficient seawater “reaction water”. Washwater was also treated to remove the suspended solids that were attributed to PM removed by the scrubbers. This was accomplished using multicylones (alone or in combination with filtration), or more effectively using an advanced treatment system incorporating coagulation and filtration, floatation and adsorption.

As proposed in Part 2.2.26 of the VGP, EPA has a numeric BAT limit in this iteration of the permit which is consistent with the international guidelines established by the IMO. Though marine gas exhaust systems are in the early stages of development, EPA has found that all marine manufacturers are designing and testing systems with these IMO guidelines in mind. Furthermore, these systems are generally based on technologies that have been used in land based applications, and these technologies generally transfer well to ship-based applications.

Furthermore, EPA has found that use of these technologies is economically achievable for several reasons. First, as discussed above, the limits ar e fundamentally similar to an existing international standard; one to which treatment manufacturers are currently designing their equipment. By adopting these limits, EPA is applying no additional burden. Second, vessel owner/operators may realize cost s avings when using lower grade fuel (which requires use of a scrubber) compared to the higher grade, lower sulfur content fuels.

EPA has also proposed several monitoring requirements for those vessels which use exhaust gas scrubber systems. These requirements are based on the IMO washwater discharge criteria, which are intended to act as guidance for implementing Exhaust Gas Cleaning System (EGCS) designs. The IMO Guidelines state that the criteria should be revised in the future asProposed 2013 Vessel General Permit (VGP) Fact Sheet

147 more data become availabl e on the characteristics of the discharge and its environmental impacts, taking into account any advice given by the Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP). Administrations (i.e., ship registry authorities) should therefore provide for collection of relevant data. To this end, IMO requests ship owners, in conjunction with the EGCS manufacturer, to sample inlet water (for background), water after the scrubber (but before any treatment system) and discharge water and to analyze these samples using EPA or ISO test procedures for the following parameters:

• pH

• PAH and oil (detailed GC- MS analysis)

• Nitrate and nitrite

• Metals (Cd, Cu, Ni, Pb, Zn, As, Cr and V)

EPA is supportive of the goals of gathering more information about the functioning of these systems. In order to ensure that the discharges are meeting the required effluent limits in Part 2.2.26 of the permit, EPA has required monitoring of any vessel’s exhaust gas scrubber system which discharges into waters su bject to this permit. The standards and monitoring requirements listed in Parts 2.2.26.1 and 2.2.26.2 of the permit are consistent with IMO guidelines for exhaust gas cleaning systems in resolution Marine Environmental Protection Committee (MEPC) 184(59). The monitoring requirements require both continuous monitoring by probes, and periodic analytical monitoring. Continuous monitoring of pH, PAHs, turbidity and temperature, the regular calibration of continuous monitoring equipment, and compliance

with st andard continuous monitoring equipment requirements will ensure that exhaust gas cleaning systems are appropriately operated and maintained. The analytical monitoring requirements are generally consistent with the IMO requirements, meeting IMO goals of

gen erating more information about the functioning of these systems. These additional requirements assure that probes remain accurate, and they generate additional information about other pollutants in order to provide assurance to EPA that constituents withi n the discharge are not likely to cause or contribute to an exceedance of water quality standards.

EPA is particularly interested in the results from any PAH analysis. The group of 16 PAHs required by the 2013 VGP is customarily analyzed and measured as individual chemicals, but in the IMO Guidelines the washwater criteria for PAH is set in "phenanthrene equivalents". The rationale for this seems to be that measuring PAH is a surrogate for hydrocarbons and phenanthrene was found to be the most abundant P AH in the analysis of washwater during trials

on vessel Pride of Kent . However, the concept of phenanthrene equivalents is not well established and needs to be explained or replaced (AEA, 2009). Hence, EPA is requiring analytical monitoring of all PAH comp ounds to ensure that the discharge of PAHs from these compounds does not pose unacceptable risks to receiving waters.

Reporting of both continuous and periodic monitoring of parameters listed in 2.2.26.2.2 and 2.2.26.2.3 is necessary to assure compliance w ith the permit’s limits for this discharge, and will provide EPA with data representative of the discharge being monitored. See 40 CFR 122.48(b). Vessel owner/operators must submit all monitoring results to EPA annually throughProposed 2013 Vessel General Permit (VGP) Fact Sheet

148 EPA’s e

- Reporting system, u nless exempted from electronic reporting consistent with Part 1.14

of the VGP.

Additionally, the 2013 VGP retains from the 2008 VGP other requirements to assure that exhaust gas scrubber discharges are consistent with existing US law. Vessel owner/operators must follow all existing regulations, including the prohibition against the discharge of oil, including oily mixtures, in quantities that may be harmful as defined in 40 CFR Part 110. In addition, sludge generated from exhaust gas scrubber washwater may not be discharged in waters subject to this permit.

4.4.27 Fish Hold Effluent

Comme rcial fishing vessels use different methods to keep seafood fresh after it is caught. Most seafood is either dead when brought onboard or is killed shortly thereafter, before being stored in a refrigerated seawater holding tank, with the exception of certa in shellfish (e.g., crab, lobster), which must be kept alive. The two most common methods of cooling seawater are by mechanical refrigeration or by adding ice. Mechanical refrigeration is common on tenders, purse seiners, and trawlers, while chipped and slurry ice tanks are more common on trollers, longliners, gillnetters, and some trawlers.

Fish holds are also often cleaned or disinfected by vessel crews between catches. To rinse the tank, vessel crews use either municipal water from the pier or dock or they pump water from the surrounding ambient water. Cleaning may simply involve rinsing the tanks with this water, or crews sometimes add detergents or disinfectants. Crews also often use scrub brushes to clean the

walls and floor of the fish hold to maximi ze the removal of organic material. Fish hold cleaning effluent is a combination of residual fish hold water and ambient or municipal water and often contains soaps or detergents.

Fish hold effluent may contain waste fish parts or other materials generated by fish cleaning, unused bait, solids, oils, nutrients, bacteria and viruses. Fish hold effluent can create scum and foam, produce a visible slick or sheen on surface waters, generate odors, and exert oxygen demand in receiving waters. This discharge al so has the potential to introduce ANS into receiving waters.

EPA’s 2010 “Study of Discharges Incidental to the Normal Operation of Commercial Fishing Vessels and Other Non- recreational Vessels Less Than 79 feet concluded that impacts

from individual smal l vessels and individual commercial fishing vessels likely have a minimal environmental impact. However, it concluded that “the impacts are potentially significant where there are high vessel concentrations, low circulation in waters, additional environme ntal stressors, or pollutant loadings from other sources” (EPA, 2010a). Reducing fish hold effluent discharges when in port will reduce the amount of fish hold effluent discharged into these particular areas of concern, which might address some of the pot ential impacts EPA discussed

above.

The effluent limits in Part 2.2.27 in the 2013 VGP are designed to reduce the amount of fish hold effluent discharged into enclosed, sensitive, or heavily trafficked water bodies and to lessen the environmental impact of fish hold effluent that is discharged. The requirement toProposed 2013 Vessel General Permit (VGP) Fact Sheet

149 physically separate excess fish waste from fish hold effluent prior to discharge will reduce the amount and concentration of the discharge. Based upon EPA research, this practice is consistent

wi th existing vessel practice. For example, most vessels have coarse filters to keep solid fish waste from being discharged with liquid effluent (US EPA, 2011). EPA has also prohibited the discharge of fish hold effluent pierside where shore based facilitie s are available: where they are available, vessels must utilize these facilities. This requirement will reduce fish hold effluent discharges at piers. This permit also prohibits discarding unused bait overboard, unless the bait was caught in that waterbod y or watershed. This requirement will help to prevent the spread or dispersal of potentially invasive species if the bait are invasive species or are contaminated with invasive pathogens. Finally, EPA has required that any cleaners or detergents used to c lean the fish hold must be phosphate-free, non-toxic, and biodegradable. Use of these products will reduce the impacts from fish hold effluent cleaning into surrounding waters.

4.5 A DDITIONAL W ATER Q UALITY -B ASED E FFLUENT L IMITS (P ART 2.3)

This permit includes water quality

- based effluent limits (WQBELs) to control discharges as stringently as necessary to meet applicable water quality standards. The provisions of Part 2.3 of the permit constitute additional WQBELs for this permit, and supplement the permit’s technology-based effluent limits in Parts 2.1, 2.2, and 5 (where applicable). Where the implementation of the technology- based requirements in this permit are not sufficient to meet the applicable receiving water’s water quality standards, the permittee may be subject to further WQBELs. Prior to or after permit issuance and authorization to discharge, EPA may require additional WQBELs on a site-specific basis, or require the permittee to obtain coverage under an individual permit, if information in the NOI, required reports, or from other sources indicates that, after meeting the technology-based limits in Parts 2.1, 2.2, and 5 (where applicable) and the WQBELs in Part 2.3, the facility is causing or contributing to an excursion above water quality

standards. 42

Part 2.3 includes the permit limits that are as stringent as necessary to achieve water quality standards, consistent with CWA section 301(b)(1)(C) and 122.44(d)(1). ). EPA generally expects that vessels that achieve the permit’s technology

- based limits through the careful implementation of effective pollution control measures and BMPs are likely to already be controlling their vessel discharges to a degree that would make additional water quality- based controls unnecessary. However, to ensure that this i s the case, the permit contains additional conditions, which, in combination with the BAT/BPT/BCT limits in this permit, EPA expects to be as stringent as necessary to achieve water quality standards.

EPA notes that the WQBELs included in this permit are non- numeric. EPA relies on a narrative expression of the need to control discharges as necessary to meet applicable water quality standards, and to employ additional controls where necessary to be consistent with applicable WLAs in an approved or established TMDL or to comply with a State or Tribe’s antidegradation policies. This is a reasonable approach for this permit because EPA has

42 In using the phrase “excursion above,” the permit tracks the language in 40 CFR 122.44(d)(1). There are some instances, however, where pollutants would cause nonattainment o f the applicable criterion by lowering the water quality below the criterion, as with dissolved oxygen. In such situations, such lowering would be considered an “excursion above” within the meaning of the proposed permit condition.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

150 determined that it is infeasible to calculate numeric water quality based effluent limits for most vessel discharges at thi s time. EPA reached this determination primarily based on the mobile nature of vessels used in a capacity of transportation. With thousands of water bodies across the country, and the potential for any vessel to discharge into almost any water, it is infea sible for EPA to calculate numeric limits for each vessel for each water body at this time. Furthermore, as explained in Part 4.1.4 of this fact sheet, establishing numeric water quality based limits poses many of the same challenges that EPA faced in sett ing technology- based discharge limits.

As mentioned, this permit requires that each permittee must control its discharge as necessary to meet applicable water quality standards. EPA generally expects that compliance with the other conditions in this permit (e.g., the technology- based limits, corrective actions, etc.) will result in discharges that are controlled as necessary to meet applicable water quality standards. If the permittee becomes aware, or EPA determines, that the discharge causes or contributes to a standards exceedance, corrective actions and EPA notification are required. In addition, at any time EPA may impose additional, more stringent WQBELs on a site

- specific basis, or require an individual permit, if information suggests that the discharge is not controlled as necessary to meet applicable water quality standards. The language in Part 2.3 affirms the permittee’s requirement to control its discharges as stringently as necessary to meet applicable water quality standards. EPA reserves the a uthority to require more stringent requirements where necessary to meet applicable standards, or, alternatively, to require the permittee to apply for an individual permit.

The purpose of Part 2.3.2 is to include a definition for “impaired waters” so that the scope of the requirements in 2.3.2 can be more readily understood by permittees. Part 2.3.2 defines “impaired waters” as those which have been identified by a State or EPA pursuant to Section 303(d) of the Clean Water Act as not meeting applicable Stat e water quality standards. This may include both waters with approved or established TMDLs, and those for which a TMDL has not yet been approved or established. The permit contains additional provisions for vessels discharging pollutants that have the reasonable potential to cause or contribute to an impairment of those specified waters.

Part 2.3.2.1 reiterates that if a vessel discharges to an impaired water without an EPAapproved or established TMDL, EPA can provide the permittee with additional require ments with which to comply. EPA can also impose additional requirements on discharges that are not directly to an impaired water if they cause or contribute to an exceedance in another water body affected by the discharge.

Part 2.3.2.2 outlines the proces s for imposing additional requirements on permittees when they discharge into waters that have a waste load allocation (WLA) assigned to vessels. During the term of the permit, EPA may inform the owner/operator if such a WLA has been established that applies to their vessel discharges. In addition to requiring permittees to comply with the conditions of the WLA, EPA will also assess whether any more stringent requirements are necessary to comply with the WLA, whether compliance with the permit’s existing re quirements is sufficient to comply with the WLA, or whether the owner/operator must apply for individual permit coverage (see part 1.8.1).Proposed 2013 Vessel General Permit (VGP) Fact Sheet

151 5. CORRECTIVE ACTIONS (PART 3)

5.1 P URPOSE OF C ORRECTIVE A CTION S CHEDULES

The purpose of including a corrective action sect ion in this permit is to assist permittees with effectively meeting effluent limits and implementing the best management practices in this permit. Corrective actions in this permit are follow

- up actions a permittee must take to correct problems identified in an inspection; they are a requirement to review and revise control measures and vessel operations to ensure that any problems are eliminated and will not be repeated in the future. The permit makes clear that the permittee is expected to assess why a

sp ecific problem has occurred, and document what steps were taken to eliminate the problem. EPA believes this approach will aid vessel owner/operators in reaching compliance with the requirements of the permit quickly. Compliance with many of the permit’s re quirements, for instance, those related to good housekeeping, reporting, recordkeeping, and some of those related to operation and maintenance requirements can be accomplished immediately, and therefore, are not considered problems that trigger corrective actions.

The permit requires that a corrective action assessment be completed as soon as any of the listed problems are identified. Pursuant to provisions of the permit found in Part 4.2, any problems that constitute violations of permit requirements (ins tances of noncompliance) must be either noted as part of the vessel’s records or reported to EPA. As part of the corrective action assessment found in Part 3.2 of the permit, the owner/operator must give a detailed account of the problem(s) identified, tak e steps to discover the causes of the problem(s), and outline a schedule for addressing the problem(s). The specific contents of the corrective action assessment are detailed in the permit. This corrective action assessment must be kept with the other

reco rdkeeping documentation required by this permit.

Part 3.3 of the permit outlines types of problems that trigger the need for corrective action and stipulates time periods for implementing actions to remedy deficiencies and violations. EPA emphasizes that these time frames are not grace periods within which an operator is relieved of any liability for a permit violation. When any of the listed problems are identified, such as discovery that effluent limits are being violated, the owner/operator must take steps to ensure the problems causing the violations are eliminated. If the original inadequacy constitutes a permit violation, then that violation is not excused by the time frame EPA has allotted for corrective action, although EPA will consider the timelin ess and appropriateness of the corrective action in determining an appropriate response to the violation. EPA assumes that vessel owner/operators will need less time to make minor repairs or change shipboard practices than to make substantial

renovation or repair. Time limits are included specifically so that problems are not allowed to persist indefinitely. Failure to take the necessary corrective action within the stipulated time limit constitutes an additional and independent permit violation. The three deadlines for corrective actions are based on how extensive the corrections are. For example:

• A minor adjustment may include altering practices for material or equipment storage that cause contamination during a precipitation or high wave event. Corrective actions to prevent these effluent violations in the future must be implemented as soon as possible but no more than 2 weeks after the discovery of the problem. For example, if materials caused contamination of the deck washdown water, or bilgewater contai ning emulsifiers,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

152 detergents, or other additives was discharged, then violations have occurred. For a vessel that will leave waters subject to this permit within 2 weeks of discovering the problem, corrective actions must be taken either within 2 weeks after the discovery of the problem, or prior to re

- entering waters subject to this permit, whichever is later.

• A major adjustment may include drips or spills from leaky infrastructure, or operations that cause violations, but can be repaired or corrected without the vessel being put into dry dock. These adjustments or repairs could include fixing leaking pipe connections or seals that allow oil or other contaminants to reach discharges; installation of drip pans to prevent equipment spills or machinery area runoff from reaching deck washdown effluent; or requiring additional training of crew on correct compliance procedures if vessel activities are not in compliance with the permit.

Major adjustments must be made within 3 months. EPA believes that this allows

s ufficient time to locate the parts or personnel to make the repair or complete the correction. During the period immediately following the initial violation and before the corrective action has been completed, the vessel operator must make every effort to reduce potential environmental harm. If longer than 3 months is required, the appropriate EPA regional office must be notified of why the additional time is needed and a date when the correction is anticipated to be completed. This information must

be reco rded in the vessel’s recordkeeping documentation. For a vessel that will leave waters subject to this permit within 3 months of discovering the problem, corrective actions must be taken either within 3 months after the discovery of the problem, or prior to re

- entering waters subject to this permit, whichever is later.

• A major renovation is one that can only be performed in dry dock. This may include such modifications as replumbing waste lines, rerouting drains, or installation of additional holding capacity for select discharge types; or overcoating or removal of TBT o n vessels previously coated with this anti-fouling hull coating.

Major renovations must be accomplished during the next available or scheduled opportunity for dry dock renovations. An owner/operator that has a vessel that is in dry dock after incurring a v iolation that does not take corrective action to alleviate the identified problem will be in violation of the corrective actions section of the permit for every occurrence or discharge after re -launching the vessel (in addition to any original violations p rior to going into drydock). All vessels will need to begin complying with its terms on December 19, 2009; hence vessel operators should consider implementing plans as soon as possible to make necessary renovations or repairs part of their current dry dock scheduling.

EPA will consider the appropriateness and promptness of corrective action in determining enforcement responses to permit violations.

6. INSPECTIONS, MONITORING, REPORTING, RECORDKEEPING (PART 4)

Pursuant to CWA section 308 and 402(a)(2), 40 CFR 1 22.43(a), and other applicable implementing regulations, the following requirements have been included in the permit, as

discussed below.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

153 6.1 S ELF -I NSPECTIONS AND M ONITORING (P ART 4.1)

Vessel self -inspections are required as a means of identifying, for example, sources of spills, broken pollution prevention equipment, or other situations that are or might lead to permit violations and allow the owner/operator to correct the situation as soon as possible. The permit requires self -inspections so that the owner or operator can diagnose and fix problems to remain compliant with the permit. These self -inspections can and must be conducted while the vessel is underway as well as while in port, and are designed to fit easily into other, already established vessel routines. For instance, the permit allows the routine visual inspections to be conducted as part of an existing (or updated) international safety management (ISM) code safety management system (SMS) plan, as long as all the permit requirements are met.

The ro utine visual inspections required by the permit are reasonable measures of good marine practice that the prudent mariner is already employing to ensure vessel, crew, and environmental health and safety. Inspections must be conducted at least once per week or once per voyage, whichever is more frequent, except that vessels that engage in multiple voyages per day are required to inspect daily, rather than on every voyage. If the vessel hull is not readily visible, it should be inspected when feasible, particularly the portions of the hull above the water line at any given time. During the implementation of the 2008 VGP, EPA developed a “Q & A” to address the frequently asked question of what constitutes a “voyage” under this Part. We repeat the answer to that question below.

For the purposes of VGP section 4.1.1 (including its routine visual inspection provisions), a voyage is generally considered to begin when the vessel departs a dock or other location at which it has loaded or unloaded (in whole or in part) cargo or passengers, and to end after it has

tied -up at another dock or location in order to again conduct such activities. For example, for a barge on the Mississippi River, such voyage would begin when it departs a location at which it has cargo loaded onto it and end when cargo is unloaded at another location.

EPA has made one substantive change to Section 4.1, which is intended to provide some additional flexibility to vessel owner/operators while still meeting the objectives of the self

inspection re quirements. Specifically, the draft permit provides that in situations where multiple voyages occur within a one week period, for example a barge that makes daily voyages (i.e., it conducts cargo operations at a different port every day), the vessel opera tor may employ a limited visual inspection that targets only those areas that may have been affected by activities related to docking and cargo operations that day. For example, for a vessel that only conducted cargo operations involving one compartment or hold onboard that vessel, the limited visual inspection need only be targeted to that compartment or hold and any appurtenant equipment,

e.g ., piping and pumps, used that day. The use of such targeted intra-week visual inspections does not in any way se rve to relieve permittees of the VGP’s minimum requirement that a comprehensive visual inspection be conducted at least once per week. EPA specifically requests comment on this provision of the draft permit. For vessels such as mobile oil and gas rigs, wh ich are in a mode of transportation only when relocating between drill sites, a voyage for purposes of VGP section 4.1.1 is generally considered to begin when the rig departs one site and to end when it arrives at the new site to commence operations which are not transportation-oriented, such as drilling.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

154 For vessels such as harbor tugs, which may be in semi-continuous operation for up to a week within the same harbor and do not carry passengers or cargo, for purposes of VGP section 4.1.1, a voyage is generally considered to begin when the crew or master take charge of the vessel and to end when that crew or master are replaced by another crew or master, at which point a new voyage would begin due to the arrival of the new crew or master. For example, if

cre w changes occur every seven days on a harbor tug, the voyage begins with crew arrival, ends on day seven with departure of that crew, and a new voyage begins on day seven with arrival of the new crew. A routine visual inspection thus would be necessary dur ing the tenure of the initial crew and also during tenure of the new crew.

Discussion

Section 4.1.1 of EPA’s Vessel General Permit (VGP) provides that at least once per week or once per "voyage," whichever is more frequent (but not more than once per day), permittees 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, as well as verifying that monitoring, training, and inspections are logged according to VGP requirements. The routine visual inspections under this VGP section were intended to be measures of good marine practice that the prudent mariner is already employing to ensure vessel, crew, and environmental health and safety (see VGP Fact Sheet section 6.1).

The term "voyage" is not defined in the VGP, nor does it have a single clearly understood meaning in the maritime context (see generally, discussion of maritime law "voyage" definitions

at http://www.duhaime.org/LegalDictionary/V/Voyage.aspx ). In general usage, the term voyage involves a trip by water of some duration ( see Webster's New World College Dictionary (4th Ed.), defining "voyage" as "a relatively long journey or passage by water or, formerly, by land"). The lack of a clear commonly understood definition has resulted in questions as to how VGP section 4.1.1 (which uses the term "voyage" as a trigger for some of its requirements) is to be interpreted.

The answer above interprets the term "voyage" for purposes of VGP section 4.1.1 in order to provide clarity as to when its obligations are triggered. For each situation addressed in the above answer, the analysis began with the general understanding of the term voyage to mean a trip by water of some duration, and for the need to provide easily recognizable discrete beginning and end points so as to clarify what constitutes a "voyage." The answer provided was developed taking into account a variety of underlying vessel usages and the underlying purpose of the visual inspection requirement – to ensure that such inspection occurs when conditions on the vessel have changed in a way that might implicate vessel discharges.

Accordingly, the "general" interpreta tion in the first paragraph of the answer, which addresses vessels used in carrying cargo or passengers, takes into account the movement of cargo or passengers onto or off the vessel in defining "voyage." Such an approach ensures that an inspection occurs after a vessel departs following loading or unloading cargo or passengers, as those operations can result in, for example, spillage of cargo material or discarding of rubbish on deck or discharge into the water. For vessels that do not engage in such activ ities, we necessarily looked to other logical beginning and endpoints to use in defining "voyage," as set out in the second and third paragraph of the answer above. While we generally interpret "voyage" asProposed 2013 Vessel General Permit (VGP) Fact Sheet

155 described above, there are certain classes of vess els where such a definition does not work and, therefore, EPA interprets the terms differently for such vessels as set out in the following paragraph.

Vessels that shift in and out of use as a means of transportation (such as mobile drilling rigs) are oper ating in a capacity as a means of transportation when moving between sites, and therefore are covered by the VGP during that period, but not when operating in their industrial capacity as a drilling rig (see VGP Fact Sheet section 3.5.2.1 for further discussion). The transition from industrial mode to transportation mode is a change in operation that may affect the nature and characteristics of discharges such that a visual inspection is prudent. Thus, for such vessels we interpret "voyage" in paragraph 2 o f the answer above in terms of departure

from one site and arrival at a new site to commence non -transportation activities. Harbor tugs, which operate within harbor confines and also do not carry cargo or passengers, are addressed in paragraph 3 of the answer above, which uses the instance of a new crew or master taking over operation of the vessel to determine when a "voyage" begins and ends. This change was chosen as a trigger because, in addition to being a readily identifiable discrete event, it also wi ll result in a visual inspection being performed by incoming sets of crew, thereby ensuring that they become familiar with conditions on the vessel that may implicate vessel discharges.

Lastly, we note the interpretation of "voyage" given in the answer above does not in any way serve to relieve permittees of the VGP’s minimum requirement that visual inspection be conducted at least once per week. See VGP Section 4.1.1 (stating visual inspections must be conducted at least once per week or per voyage, whiche ver is more frequent).

Each routine visual inspection must be noted in the official logbook or other recordkeeping documentation, signed by the person conducting the inspection, and include basic information relating to the inspection. This establishes a r ecord of inspections conducted for both the owner/operator and EPA to track compliance with the permit. The record can help the owner/operator track which areas of the vessel cause more permit violations or hold the most potential pollution problems. By be ing aware of and focusing on these areas, the owner or operator can change or establish onboard procedures to make permit compliance easier.

For today’s permit, EPA has included provisions allowing for the use of Extended Unmanned Period (EUP) Inspections in lieu of routine visual inspections in limited circumstances. EPA included these provisions to better address the unique circumstances of owner/operators of unmanned barges. These inspections may also be used when a vessel enters an extended unmanned period of 13 days or greater. The EUP inspection is an alternative inspection for fleeted, jacked-up, or similarly situated vessels, which routinely go into temporary periods of lay-up.

A vessel owner/operator may conduct EUPs in lieu of routine visual inspections if they are

up- to -date with all other inspection and reporting requirements found in Part 4 of this permit (including routine and annual inspections) and the vessel owner/operator must not have received any VGP related notices of violation from EPA or its authorized representative or faced any

VGP -related enforcement action from EPA within the previous 24 months. EPA has included this provision so that it can ensure that vessel owners/operators previously cited for violations areProposed 2013 Vessel General Permit (VGP) Fact Sheet

156 appropriately imp lementing the terms of the permit. Self -reported violations do not disqualify a vessel for EUPs, unless EPA notifies the vessel owner to the contrary.

The EUP inspection consists of three primary components: a pre lay-up inspection, a periodic external observation of the vessel and surrounding waters, and a post lay- up routine visual inspection. EPA designed the pre lay-up inspection so that the owner/operator can assure that vessel is in good operating order, there are no leaks or loose materials that m ay enter any waste stream or be discharged, and that the vessel does not pose an environmental risk while it is unmanned. The periodic external observation of the vessel and surrounding waters is to make sure the vessel continues to not pose an environmental risk, the vessel is adequately secured, and no pollutants (including oily mixtures) are present in surrounding waters which might have originated from that vessel. If any deficiencies are observed while the vessel is in EUP, the vessel owner/operator must document those deficiencies and take corrective actions to resolve those deficiencies as appropriate. The post lay -up routine inspection is designed to be sure that

all terms of the VGP continue to be met before the vessel re

- enters active service. As part of this inspection, the owner/operator must document the date the EUP ended, whether fluids (e.g., fuel, ballast water) are at their pre EUP levels, and whether any spills or leaks of oily materials are observed. Any noted deficiencies must be corre cted before the vessel re

- enters service.

The comprehensive annual inspection requirements include a more detailed, thorough inspection of areas of the vessel that are difficult to inspect on a more regular basis, such as the vessel hull. However, the annual inspection does not require the vessel be placed into drydock. Areas of the vessel that cannot be inspected without placing the vessel in drydock should be inspected and documented during the next scheduled drydocking period. The owner/operator should note in the annual inspection report which areas are able to be inspected during drydock only. Annual inspection of these areas ensures they are inspected frequently enough to identify and correct problems. In addition, the annual review of all inspection and monitoring data highlights problem areas of the vessel that may need additional attention. This allows the Master, owner, or operator to establish and implement additional procedures applicable to problem areas to reduce future problems. Additionally, the annual inspection requires that all pollution control equipment be inspected to ensure it is functioning properly. This requirement provides a reminder and opportunity to complete maintenance activities on onboard equipment.

Owners/operators may use applicable portions of the results from the annual inspections conducted by the Coast Guard or the classification society to meet some requirements of the annual inspection. For example, if the Coast Guard examines the oily water separator, then the owner may note in their inspection report that the Coast Guard had completed the inspection and they would not be required to inspect it again. However, for portions of the vessel that are not inspected by the Coast Guard or classification society for environmental performance, the owner/operator must conduct an inspection to be sure that the vessel is meeting requirements of this permit. Regardless of who conducts the inspections, the owner/operator is responsible for a thorough inspection being conducted and taking corrective actions based on that inspection. If the owner/operator is unsure of the quality of inspections that they will use to fulfill their annual inspection requirement under this permit, EPA strongly recommends they use their own personnel to conduct the full inspection. The owner/operator is ultimately responsible for completion of this requirement.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

157 Each annual inspection must be recorded in the official logbook or other recordkeeping documentation, signed by the person conducting the inspection, and must include basic information relating to the inspection and any corrective actions taken as a result of inspection findings.

6.2 D RYDOCKING I NSPECTION R EPORTS (P ART 4.1.4)

Many class societies and the United States Coast Guard require that the vessel operator conduct drydock inspections before relaunching the vessel. Based on discussion with technical

exper ts, EPA assumes most, if not all vessels currently must undergo drydock inspections. When a vessel is in drydock, it is much easier to access a wide range of areas on the vessel that are not easily accessible while the vessel is in water. The thorough exam ination of the vessel that occurs while it is in drydock provides owners/operators with an additional opportunity to implement the permit's requirements. For example, cleaning the vessel hull of attached organisms is much easier in drydock, and is safer for the environment because any attached organisms can be properly disposed of away from water, minimizing the risk of an introduction of ANS. For any drydock report, the permit requires that it include confirmation that the chain locker, hull, and

cathodic protection have been inspected and cleaned, that anti-fouling hull coatings are maintained and applied in accordance with the permit's requirements, and that all pollution control equipment is maintained and properly functioning. In instances where vessel owners/operators have drydock reports conducted by the applicable class society or the Coast Guard, or where the vessel operators prepare another drydock inspection report, the permit requires the owner/operator to make such reports available to EPA or an authorized representative of EPA upon request.

6.3 R ECORDKEEPING R EQUIREMENTS (P ARTS 4.2 AND 4.3)

Written records are useful tools for both the vessel owner or operator and EPA. They allow an owner or operator to assess their own permit compliance by providin g an easy way to reference permit requirements that have been met, as well as a way to identify troublesome areas of the vessel that cause more pollution- related issues. They also allow EPA to assess permit compliance. By identifying which areas consistently require more cleaning or repair work, the owner or operator can establish and implement procedures specifically designed to minimize pollution and streamline cleaning and maintenance efforts in those areas.

Much of the information that must be recorded under the permit is the same as the information that is required of vessels equipped with ballast tanks bound for a port or place in the United States by the Coast Guard Regulations at 33 CFR §151.2045. This basic information

allows the identification of t he vessel, the vessel’s travels and itineraries, and responsible parties. While the Coast Guard regulation applies only to vessels with ballast tanks, the requirements of the permit apply to all vessels covered by the permit, whether they have ballast wate r tanks or not. By using the existing vessel recordkeeping requirements as a framework into which the recordkeeping requirements of the permit fit, EPA has attempted to streamline the requirements, make compliance with the permit simple, and do so without imposing significant additional paperwork on vessel owners and operators. Streamlining the paperwork and recordkeeping requirements (for vessels also covered under Coast Guard regulations) increases compliance and allows EPA to achieve both permit enforcement and environmental protection goals.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

158 The information to be recorded is intended to be simple, basic, and straightforward. There are no specific forms to fill out or file; a permittee need only keep one brief record of each inspection, noting when and how it was completed and any relevant information discovered during the inspection. Inspection records must be kept on the vessel or accompanying tug and may be kept in any form provided they can be made available to the EPA. Examples include the ship’s official logbook or other official vessel recordkeeping documentation. There do not need to be multiple copies of the records. Additional requirements include a record of maintenance of specific pieces of equipment that cause discharges covered under the perm it and a record of each incidence where a discharge occurs pursuant to a safety or emergency exception (e.g., bilge water 2.2.2, AFFF 2.2.5, boiler blowdown 2.2.6, elevator pit 2.2.11, firemain 2.2.12). This can assist in troubleshooting any future pollution problems by showing how often maintenance was performed, what maintenance or repairs were completed, and how often and under what circumstances emergency exceptions were invoked.

This permit contains provisions reinforcing reportable release requiremen ts. The permit specifically does not allow the discharge of hazardous substances or oil in excess of reportable quantities, even if they are associated with the normal operation of a vessel. This provision has been included to clarify that the permit is no t authorizing any reportable quantity releases of any material that were not authorized before issuance of this permit. These spills must be reported as required under 40 CFR Part 110 and 40 CFR Part 117.

Vessels equipped with ballast water tanks are requ ired by the permit to meet the requirements of 33 CFR 151.2045. This requirement applies both to vessels that are already subject to these Coast Guard regulations and to vessels that are not. The USCG regulations establish a recordkeeping system to collect information related to ballast water capacity, uptakes, exchanges, and discharges. In addition, the permit expands the ballast water exchange and saltwater flushing requirements for vessels with ballast water tanks. These vessels that conduct

saltwater fl ushing must note that fact on the Ballast Water Reporting Form, which is found in the Appendix to 33 CFR Part 151, Subpart D.

6.3.1 Electronic Records

Recordkeeping technology is a rapidly changing field. Many vessel operators are increasingly using electronic record keeping systems to create and maintain required records, using software, electronic forms and onboard computer terminals that collect and transmit data electronically to shoreside databases for collection and storage.

For the 2008 VGP, EPA interpreted the permit’s recordkeeping provisions to allow for owners/operators to use electronic recordkeeping systems to meet the requirements that “written” records be kept “on the vessel,” if those records satisfy the requirements in part 4.2 of the permit,

w hich are designed to ensure that the records are: in a format that can be read in a similar manner as a paper record, legally dependable with no less evidentiary value than their paper equivalent, and accessible to the inspector during an inspection to the same extent as a paper copy stored on the vessel would be. In order to clarify for the purposes of this iteration of the VGP, EPA has explicitly included appropriate factors in Part 4.2 of the permit, and provides further guidance

below:Proposed 2013 Vessel General Permit (VGP) Fact Sheet

159 (1) Readability/Legal Dependability

EPA expects the requirements of an electronic recordkeeping system in Part 4.2.1 of the VGP would together generally ensure that records created and/or maintained in such systems are readable and legally dependable with no less evidentiary value than their paper equivalent: 43

a. From the vessel or tug, and from any other point of access to the electronic recordkeeping system, electronic records, including signatures, certifications, and alterations, can be: (i) displayed to EPA, including its authorized representatives, in a format that can be read in a manner similar to a paper record and that associates data with field names or other labels that give the data contained in the record meaning and context (not solely in a computer code or data string), (ii) easily copied for EPA, including its authorized representatives, to review and access at EPA staff computers using non-proprietary software, and (iii) can easily be printed to paper form;

b. Associated metadata in their native fo rmat is preserved and available upon request;

c. Electronic records cannot be modified without detection and are preserved in a manner that cannot be altered once created. For example, any changes to an electronic record are automatically and indelibly recorded in a logically associated (i.e., cryptographically bound) audit trail that records each change made without obscuring the data to which the modification is made or its antecedents;

d. The electronic recordkeeping system automatically identifies any person who creates, certifies, or modifies an electronic record using electronic signatures that meet the same signature, authentication, and identity-proofing standards set forth at 40 CFR § 3.2000(b) for electronic reports (including robus t second -factor authentication);

e. Originals of any electronic record are immediately and automatically transferred to and held at a single location by a custodian of records who is not an author, certifier, or modifier of the electronic records. The original electronic record is secured in a fashion that protects it from tampering or destruction;

f. The electronic recordkeeping system automatically identifies: 1) the name, address, telephone number and email address for the custodian of records described in “d” above; and 2) the address and owner of the location where the original electronic record is

located. The electronic records and their associated metadata remain available and the discharger/permittee can demonstrate that the records h ave not been changed in any modification of the record-keeping system or migration to a successor record- keeping

system;

g. Clear instructions guide users of the electronic record-keeping system in proper use of the system and unambiguously communicate t he legal significance of using an electronic signature device; and

43 EPA notes that it may change this guidance at any time, based upon experience with electronic recordkeeping, or any other new information or considerations.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

160 h. Computer systems (including hardware and software), controls, and attendant documentation that are part of the electronic record

- keeping system are readily available for, and subject to, agency inspection.

(2) Accessibility

EPA will generally consider electronic records to be accessible enough to be considered to be stored “on the vessel” when the vessel operator is able to, immediately, upon request, provide to government officials or authorized representatives:

a. Paper or electronic copies of requested records required to be maintained pursuant to the VGP; and

b. Electronic access, using hardware and software available on the vessel or tug, to required VGP records via electronic storage on the vessel or tug, or via direct access to an electronic system of records stored elsewhere, provided that the location of the original

record is within the United States.

EPA specifically requests comment on inclusion of these factors in the VGP and on the implementation guidance provided in this draft fact sheet.

6.4 R EPORTING (P ART 4.4)

6.4.1 Annual Report

The Annual Report replaces the annual noncompliance report and one- time report requirements found in the 2008 VGP by consolidating the requirements of the annual noncompliance report and the one- time report into one reporting form. All instances of noncompliance must be reported as part of the Annual Report, instead of separately, as previously required by the 2008 VGP. Previously, there were no parameters for how an annual noncompliance report was to be submitted; the new Annual Report provides a structured format to alleviate frequent concerns from vessel owner/operators and EPA regarding whether sufficient information was submitted. All permittee s must submit an Annual Report for each of their vessels (or a combined annual report as allowed; see Section 6.4.2 of the fact sheet below for further discussion) – both those permittees with active NOIs for their vessels and covered vessels

less than 300 gross tons and having a capacity of less than 8 cubic meters of ballast water operating in U.S. waters. One Annual Report for each vessel is required per calendar year, except for 2013. Any relevant information from 2013 must be reported in the Annual R eport for 2014. Annual Reports for a given calendar year must be submitted to EPA no later than February 28 of the following year. As a condition of having active permit coverage, vessels must submit an annual report. However, if they did not operate in waters subject to this permit during that year, they only need complete identifying information in that report and check that they did not operate in those waters. EPA has included this requirement so that Agency does not unnecessarily seek out vessels with active NOI coverage who did not file annual reports because they are not operating in waters subject to the permit.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

161 EPA also advises that vessel owner/operators covered under the 2008 VGP must submit their annual noncompliance reports (if applicable) for the January 1, 2013 to December 18, 2013 time period consistent with the terms of that permit.

6.4.2 Combined Annual Reports for Unmanned, Unpowered Barges

Based upon experience from implementation of the 2008 VGP, comments from vessel owners/operators expres sing a desire to reduce administrative burden where possible because of unique operational constraints, and the new requirements in this permit for EUPs, EPA has determined that it makes sense to streamline the annual reporting process for owners/operators that have several barges that are unpowered and unmanned if they meet certain defined criteria. Therefore, this permit allows owners/operators of multiple barges to submit one Annual Report (known as the “Combined Annual Report”) if they meet all of the conditions listed in Part 4.4.2 of the permit. Those conditions are that the answers for each barge covered by the report must be the same, no analytical monitoring is required for the vessels’ discharges, the report will be submitted electronically, and th at none of the barges have had any instances of noncompliance or identified deficiencies in the previous 23 months, and each barge must have an active NOI to identify it. Barges that do not meet these requirements cannot be included in the Combined Annual Report.

EPA has authorized a Combined Annual Report for unmanned, unpowered barges because many of these vessels are fundamentally similar and have a limited number of discharges. Furthermore, vessel owners/operators may have several thousand barges with these similar characteristics. Hence, EPA identified this provision as an efficient way to gather the information without sacrificing data quality while minimizing burden on a significant portion of the regulated universe. EPA specifically requests comme nt on this approach, and whether there are any other categories of vessels for which owners/operators should be allowed to submit a combined annual report instead of the Annual Report for each of their vessels. When making comment, please submit specific i nformation as to why such an approach is appropriate for certain vessel types.

Part 4.4.3 of the permit, “Reportable Quantities of Hazardous Substances or Oil” explains that the release of a reportable quantity of any hazardous substance or oil must be reported to the National Response Center. The National Response Center is staffed 24 hours a day by U.S. Coast Guard personnel, who will ask you to provide as much information about the incident as possible, including: your name, location, organization, and telephone number; name and address of the party responsible for the incident; date and time of the incident; location of the incident; source and cause of the release or spill; types of material(s) released or spilled; medium (e.g. land, water) affected by release or spill; danger or threat posed by the release or spill; number and types of injuries or fatalities (if any); weather conditions at the incident location; name of the carrier vessel, or other identifying information; whether an evacuation has occu rred; other agencies notified or about to be notified; any other information that may help emergency personnel respond to the incident. In the case of reporting quantities of hazardous substances or oil, if a report is provided to the National Response Center, it is not necessary to report to EPA as outlined in part 4.4.4 of the proposed permit.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

162 Part 4.4.4 of the permit, “Additional Reporting,” provides additional reporting requirements – a requirement to comply with the standard permit reporting provision s in Part 1.13 of the permit, a requirement to timely report to EPA when certain types of noncompliance occur, namely, those that endanger health or the environment. In the case where discharges may affect drinking water supplies, recreational waters, elic it fish kills, or may otherwise endanger human health or the environment, the discharge must be reported orally to the appropriate EPA regional office within 24 hours from the time of discovery, followed by an electronic or written report (per the requirements of Appendix B, section 12(F)) within 5 days.

EPA also encourages operators to report the releases that may have human health ramifications to the appropriate local authorities (e.g., public water supply operator, health department). Follow

- up monitor ing results must be reported via the electronic system (when available) or in writing to the appropriate EPA Regional Office (Part 3.7) within 30 days of receiving the results. The report should include the permit identification number; vessel name,

addres s and location; receiving water; monitoring data from this and the preceding monitoring event(s); an explanation of the situation; what has been done and shall be done to further reduce pollutants in the discharge; and an appropriate contact name and phone number.

Vessel owners/operators under Parts 5.1, 5.2, and 5.8 of this permit have additional reporting requirements. They must report their monitoring data for their graywater treatment systems (5.1 and 5.2)

6.5 A PPLICABILITY OF I NSPECTION AND R ECORDKEEPING R EQUIREMENT FOR V ESSELS

L EAVING W ATERS S UBJECT TO T HIS P ERMIT

The VGP’s inspection and recordkeeping requirements do not apply worldwide. Once vessels enter waters subject to this permit, they must be in compliance with the permit’s requirements that apply to their discharges before those discharges occur in waters subject to the permit (which in most cases will be at the moment they enter those waters, because many discharges occur continuously during vessel operation). With respect to how the permit’s periodic inspection and reporting requirements apply in situations where a vessel transits in and out of waters subject to the VGP, EPA intends for such conditions to be read in light of what they are – conditions prerequisite to discharge into those waters. Thus, for example, a vessel transiting in and out of waters would be in compliance with the routine visual inspection requirement if the vessel had conducted a compliant inspection in the week prior to discharging or on the voyage during which they will discharge into waters subject to the VGP. EPA does not intend for the permit to be read to require that the weekly inspection also would have had to have occurred, for example, two, three, and four weeks prior to the discharge into waters subject to the

pe rmit.

EPA’s intent is the same for other periodic inspection requirements - annual inspections must have occurred within a year prior to discharge into waters subject to the permit. Drydock inspection reports are likewise a condition prerequisite to disch arge into waters subject to the permit

-- because the report is necessary to ensure that discharges covered by the permit meet the requirements of the permit, they are required regardless of whether they were prepared inside or outside of the United States. EPA notes that inspections and recordkeeping are directly related toProposed 2013 Vessel General Permit (VGP) Fact Sheet

163 ensuring that the vessel is in compliance with the permit prior to discharging into waters subject to the permit.

Existing recordkeeping systems could be used or adopted, so long as they contain the necessary information.

7. ADDITIONAL TECHNOLOGY BASED AND RELATED PERMIT REQUIREMENTS BASED O N CLASS OF VESSEL (V ESSEL CLASS

- SPECIFIC REQUIREMENTS) (PART 5)

7.1 L ARGE C RUISE S HIPS (P ART 5.1)

Large cruise ships are those ships that provide overnigh t accommodations and are licensed to carry 500 or more passengers for hire. Requirements for cruise ships authorized to carry 500 or more passengers apply regardless of the actual number of passengers onboard. EPA selected this threshold defining large cru ise ships to be consistent with the requirements of “Title XIV

— Certain Alaskan Cruise Ship Operations” of the Miscellaneous Appropriations Bill (H.R. 5666) in the Consolidated Appropriations Act of 2001 (P.L. 106-554) (commonly referred to as Title XIV) pa ssed on December 12, 2000. Title XIV set discharge standards for sewage and graywater from certain cruise ships (those authorized to carry 500 or more passengers for hire) while operating in the Alexander Archipelago and the navigable waters of the United States in the state of Alaska and within the Kachemak Bay National Estuarine Research Reserve (referred to here as “Alaskan waters”).While most cruise ship vessel discharges are similar to those of other similarly sized vessels, cruise ships have several unique characteristics and discharges for which they require additional permit requirements. Cruise ships provide accommodations and extensive amenities to a large number of passengers. These extensive onboard services provided for guests contribute to the increase in the volume of cruise ship discharges. For example, because these vessels carry a large number of people onboard, they generate considerably more graywater discharges than a container or cargo ship. Other amenities provided, such as photo developing, dry cleaning, and day spas, use and produce chemicals that are toxic to the aquatic environment. Discharges of these substances are not authorized by the permit.

7.1.1 Graywater Management

As previously mentioned, the amount of graywater produced by large cruise ships is many times greater than what is produced by a cargo vessel of similar size. Graywater, especially in such large quantities, can cause environmental harm. The graywater produced by cruise ships may contain high levels of nutrients, pathogen s, residual levels of organic material, and cleaning

chemicals.

EPA established the numeric effluent limits for graywater found in Part 5.1.1.1.2 (discussed below) because data gathered by EPA demonstrate that technologies are available, as well as economically practicable and achievable, and therefore, would represent BPT and BAT. The treatment technologies that remove non-conventional pollutants also treat conventional pollutants; hence, EPA applied the BAT standard to all pollutants for which the permit proposes standards for graywater. For additional discussion of BAT, BCT, and the requirements of each, please see Part 4.2.3 of the Fact Sheet.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

164 The technology to meet the effluent limits found in Part 5.1.1.1.2 of the permit is currently in use and already required for large cruise ships operating in Alaskan waters which discharge within the territorial seas. EPA anticipates no major physical impediments to installing such technology on large cruise ships, and in fact, many cruise ships are already capable of meeting these standards. There are two systems available that cruise ships typically use to treat graywater: traditional Type II marine sanitation devices (MSDs) and advanced wastewater treatment systems (AWTSs). An in depth discussion of how each system works can be found in the EPA Cruise Ship Assessment Report, Part 2.3, which is available in the docket for this permit. In general, AWTSs are capable of treating graywater and graywater mixed with sewage to more stringent standards than traditional Ty pe II MSDs, and EPA has therefore based the effluent limits in this permit on the AWTSs technology. AWTSs on board cruise ships have been shown to reduce ammonia, total Kjeldahl nitrogen, and total phosphorus by moderate amounts and conventional pollutants such as BOD5, TSS, and fecal coliform substantially. In monitoring conducted by EPA in 2004 and 2005, nitrate/nitrite levels were low and remained relatively unchanged by treatment. Nitrogen and phosphorus are likely taken up by microorganisms in the bioreactor and removed from the system in the waste sludge. Table 2 shows the influent and effluent concentrations for these systems for Cruise Ships in Alaska (adapted from US EPA, 2008a).

Table 4 : AWT Effluent Concentrations and Removals 1

Analyte Unit Average

Concentration in Cruise Ship AWT

Influent 1 Average Conc. (± SE) in Cruise Ship AWT

Effluent 2 Percent Removal Ranges 3

Fecal Coliform CFU/100 ml 103,000,000* (61

detects out of 62 samples) 14.5* (26 detects

out of 285 samples) >99

Total Suspended

Solids mg/L 545 (50 detects

out of 50 samples) 4.49* (±0.193) (73 detects out of 587 samples) >99

Biochemical Oxygen Demand (5

- day) mg/L 526 (24 detects

out of 24 samples) 7.99* (±0.798) (358 detects out of 568 samples) >99

pH SU 99.5% of samples within range of 6.0 to 9.0) (921

detects out of 921 samples)

Total Residual

Chlorine mg/L 0.338* (±0.129) (41 detects our of

547 samples)

Ammonia As Nitrogen mg/L 78.6 (35 detects

out of 35 samples) 36.6* (±5.50) (136 detects out of 138 samples) 58 to 74Proposed 2013 Vessel General Permit (VGP) Fact Sheet

165 Table 4 : AWT Effluent Concentrations and Removals 1

Analyte Unit Average

Concentration in Cruise Ship AWT

Influent 1 Average Conc. (± SE) in Cruise Ship AWT

Effluent 2 Percent Removal Ranges 3

Nitrate/Nitrite as Nitrogen mg/L 0.325* (26

detects out of 50 samples) 3.32* (±0.653) (66 detects out of 152 samples) NC

Total Kjeldahl Nitrogen mg/L 111 (50 detects

out of 50 samples) 32.5* (±3.27) (169 detects out of 170 samples) 70 to 76

Total Phosphorus mg/L 18.1 (25 detects

out of 25 samples) 5.05* (±0.460) (146 detects out of 154 samples) 41 to 98

1 The data presented in Table 2 represents the treatment of a combined sewage and graywater waste stream. Data in EPA’s Cruise Ship Discharge Assessment Report demonstrates that the average concentration in cruise ship AWT influent is of higher strength than the average concentration in untreated graywater alone, but is similar in composition (see Part 2.3.3 p. 2-16; Part 3.3, p 3-9) . Consequently, the co mbined waste stream data can be used to draw conclusions regarding the treatability of graywater by similar treatment devices.

2 Based on data collected by EPA in 2004 and 2005.

3 Based on data collected by ADEC/Coast Guard from 2003 to 2005; data collected by EPA in 2004 and 2005; and data collected through EPA’s 2004 cruise ship survey. “NC” indicates that percent removal not calculated because the effluent concentration was greater than the influent concentration or the analyte was not detected in the i nfluent samples from one or more sampled ships. * Average includes at least one nondetect value; this calculation uses detection limits for

nondetected results.

One recent estimate Choi (2007) stated that the cruise industry estimated that roughly 40% of the International Council of Cruise Lines members’ 130 ships (which make up two-thirds of the world fleet) have installed AWTSs, with 10 to 15 more systems added each year (Choi, 2007). In 2006, 23 of 28 large cruise ships that operated in Alaskan waters had AWTSs in order to meet the more stringent discharge requirements required under Title XIV (see subsection 2.2.3 of EPA’s Cruise Ship Discharge Assessment Report for additional information). The remainder operated traditional Type II MSDs and held the treated sewage and untreated graywater in double-bottom ballast tanks for discharge outside Alaskan waters. For additional information on Title XIV and cruise ship discharges, please see P art 2 of the EPA’s Cruise Ship Discharge Assessment Report.

The standards that EPA has included are also economically practicable and achievable. EPA estimates that the cost of maintaining a graywater treatment system (which treats graywater commingled wi th blackwater) is $7.09 per passenger (including crew) berth per season. For moreProposed 2013 Vessel General Permit (VGP) Fact Sheet

166 information, please see the Economic Analysis accompanying this permit. In addition, EPA considered other impacts that would be caused by the imposition of these standards, s uch as increased energy use onboard the cruise ships, and found those impacts to be negligible. Cruise ships can expect to expend additional fuel when operating the AWTSs, to generate solid sludge or other waste from these systems, and/or to have additional cost in transporting treated or untreated graywater out of specific waters; however, all of these effects are relatively small.

7.1.1.1 Pierside Limits

While pierside, cruise ship operators are required to use graywater reception facilities if they are reasonabl y available unless the vessel treats graywater with a device to meet the standards found in Part 5.1.1.1.2 of the permit. If not available, graywater must be held for later discharge beyond 3 nm. These requirements will minimize the volume of pollutants d ischarged while the cruise ship is pierside or operating in nearshore environments. These restrictions will also reduce the discharge of chemicals, nutrients, and pathogens into harbors and ports, which can be located in ecologically sensitive estuaries, and where there are large numbers of vessels discharging in close proximity. Hence, the cumulative impact of numerous untreated graywater discharges in harbors and ports may be significant. Furthermore, based on responses to surveys with vessel operators an d industry representatives conducted as part of the economic analysis, most cruise ship operators have voluntarily agreed not to discharge graywater within 4 nautical miles of shore (CLIA 2006). Large cruise ships have the capacity to hold graywater for a minimum of 1 to 2 days, as evidenced by their ability to hold all wastewaters while sailing in areas such as Glacier Bay in Southeast Alaska, where discharges are generally prohibited under their concession contracts with the National Park Service. According to responses to EPA’s 2004 cruise ship survey of large cruise ships operating in Alaskan waters, graywater holding capacity ranged from 5 to 90 hours, with an average holding capacity of 56 hours.

Though the standards specified in the permit do not inc lude numeric limits for nutrients, the systems capable of meeting the other standards in this permit (listed in Part 5.1.1.1.2) have been shown to remove considerable amounts of nutrients and successfully achieve pathogen

standards as shown above in Table 2 (US EPA 2008). For the reasons discussed above, approaches to meet these requirements are technologically available and economically practicable and achievable.

7.1.1.2 Operational Limits

The 2008 VGP prohibited the discharge of graywater within 1 nm of shore unl ess the graywater has been treated to treatment standards in Part 5.1.1.1.2 of the permit. For the 2013 VGP, EPA is requiring that cruise ships may only discharge graywater treated to the standards

found in Part 5.1.1.1.2 of this fact sheet within 3 nm fro m shore. EPA made this change after considering the six factors under 40 CFR § 125.3(c), which sets BAT treatment limits and the efficacy of these treatment systems.

Data from those vessels which discharge graywater effluent (commingled with blackwater)

t hrough an AWTS indicate that cruise ships with these treatment systems are consistently able to meet the operational limits contained within this permit. This is despite the fact that, as of the issuance of this permit, some of these systems are starting to age. The systems have been usedProposed 2013 Vessel General Permit (VGP) Fact Sheet

167 onboard cruise ships for multiple years, have proven reliable, effective, and significantly reduce pollutants being discharged from cruise ship graywater effluent. Hence, the processes employed and the engineering aspect s of installing and using these systems are well understood and clearly appropriate for use onboard these vessels. EPA expects no substantial process changes for the industry from existing practice: as discussed above, EPA believes that a significant portion of vessels are already treating this effluent to the standards found in Part 5.1.1.1.2 and those that are not have significant holding capacity. There may be some vessels which have to dedicate additional holding tanks or may elect to install an AWTS t o treat the effluent; however, EPA does not believe this process will be especially challenging, as use of these devices or holding the effluent is common practice among this class of vessels. The non

- water quality environmental impacts are minimal: for t hose vessels treating graywater to the standards found in Part 5.1.1.1.2, EPA assumes that these vessel owner/operators were also using their treatment equipment to treat graywater between 1 and 3 nautical miles. For those vessels which choose not

to trea t graywater, and therefore either discharge pierside to an onshore facility or discharge it underway outside of 3 nm, these vessels will have to hold their untreated graywater for the time sailing from 1 to 3 nm. Generally, EPA expects the time many cruis e ships spend between 1 to 3 nm from shore to be relatively short considering cruise ships’ typical voyage patterns (i.e., in ports for lengthy periods, then sailing to and from different ports). Finally, when examining costs, EPA notes that no significant additional costs are expected to be incurred from the 2008 VGP requirements. Vessels which were not previously treating between 1 and 3 nm (but treating within 1 nm) may have marginal increased energy costs and associated costs from extra time spent running the systems. Vessels that were previously holding their graywater may spend slightly more on fuel costs to transport the wastewater effluent further or to offload a greater volume of effluent to onshore facilities. Hence, EPA concluded that graywater treatment systems to meet the limits found in Part 5.1.1.1.2 of the permit are widely available and their use by this class of vessels is economically achievable.

Finally, the graywater discharge standards in this permit are consistent with those for larg e cruise ships underway in Alaskan waters required under Title XIV. As mentioned, industry information shows that many cruise ships are already meeting the operational standards required by the permit.

7.1.1.3 Limits Applicable to Operation in Nutrient Impaired W aters

Nutrients are a pollutant of concern addressed by this permit. EPA found it not to be economically practicable and achievable to require discharges of graywater to be prohibited in all cases; however, a partial restriction on such discharges would represent the BPT and BAT levels of control. Because discharges of graywater are of particular concern in nutrient impaired waters, the permit contains limits designed to minimize the discharge of graywater in those waters. Under this permit, graywater disc harges are not authorized in nutrient impaired waters, unless the length of the voyage through those waters exceeds the ship’s holding capacity. If the voyage length does exceed the holding capacity, the cruise ship operator has two options: treat

the exce ss graywater (above the holding capacity) to meet the standards of 5.1.1.1.2 prior to discharging it or dispose of graywater properly onshore (before exceeding capacity). These measures will limit the amount of graywater and the amount of chemicals, nutrie nts, and pathogens discharged into nutrient- impaired waters. The average holding capacity for graywater,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

168 based on EPA’s 2004 cruise ship study, is 56 hours. Hence, most cruise ship owners/operators would be able to meet the requirements to hold their grayw ater as required in the permit.

7.1.1.4 Graywater Treatment Standards

The permit requires the discharge of treated graywater to meet the following requirements: the minimum level of effluent quality specified in 40 CFR 133.102; the geometric mean of the samples d uring any 30-day period may not exceed 20 fecal coliform/100ml and not more than 10 % of the samples could exceed 40 fecal coliform/100 ml; and concentrations of total residual chlorine may not exceed 10.0 micrograms per liter (μg/l). These graywater treat ment standards are based on the Title XIV standards that are published in Coast Guard regulations at 33 CFR 159.309. EPA expects owners of large cruise ships to incur some cost, although these costs are considered affordable, would cause no closures, and should not cause any cruise ship owner/operators to exceed a 1% revenue threshold.

7.1.1.5 Sculleries and Galleys

The permit requires cruise ship operators to use phosphate free detergents in the scullery and galley. Additionally, it requires any degreaser used to be non- toxic if the degreaser or its residue otherwise would be discharged as part of any waste stream. The use of phosphate free soaps and cleaners is a simple step toward reducing the amount of nutrients, namely phosphorus, present in graywater dischar ge. Phosphate free detergents and non- toxic detergents are readily available for purchase, are comparably priced, and are an affordable management measure for reducing phosphates and toxic compounds in waste streams. Based on the economic analysis prepared for this permit, the purchase of phosphorus free soaps will result in negligible additional costs for any owner or operator. Hence, use of these more environmentally friendly products is technologically available and economically practicable and achievable.

7.1.1.6 Other Materials

Many of the services provided to cruise ship passengers use toxic chemicals that can end up in the graywater discharge (US EPA 2008a). These include dry cleaning operations, photo developing, medical services, and spa and salon services. The permit requires that other materials, including waste from mercury containing products, dry cleaners or dry cleaner condensate, photo processing labs, medical sinks or floor drains, salon floor drains, chemical storage areas, and print shops using traditional or non- soy based inks and chlorinated solvents be prevented from entering the ship’s graywater, blackwater, or bilge systems. Discharges of these materials are not eligible for coverage under this permit. There are several ways that ship owner/operators can prevent these materials from entering the graywater, blackwater, or bilge systems, including plugging any drains that lead to the graywater, blackwater, or bilge systems in areas where these wastes are produced, creating alternative waste receptacles, or replumbin gdrains to appropriate holding tanks. Drain plugging, alternative waste receptacles, and/or replumbing would allow the chemicals to be stored and properly treated. . Also, in order to prevent the addition of known toxic materials to waters subject to thi s permit, the permit prohibits addition of toxic materials, including products containing acetone, benzene, or formaldehyde, into spa or salon sinks or floor drains if those sinks or drains lead to any system which will ever discharge into waters subject t o this permit. Due to the highly toxic nature of these materials,Proposed 2013 Vessel General Permit (VGP) Fact Sheet

169 they must be sent to an alternative waste receptacle or holding tank and cannot be discharged into waters subject to this permit or allowed to enter any discharge stream which later discharg es into waters subject to this permit.

Based on information collected as part of the economic analysis, all cruise ship owners and operators are already taking these measures. For any vessels that have not yet taken these measures, EPA expects these preventive measures to be technologically available and economically practicable and achievable.

7.1.1.7 Pool and Spa Discharges

Pool and spa water may also be added to the graywater treatment systems; however, it

must still be de -chlorinated and/or debrominated prior to discharge subject to this permit. In addition, the effluent discharged from the graywater treatment system must meet all treatment

standards found in Part 5.1.1.1.

Discharges from pools and spas are authorized under this permit, provided that if they u se chlorination or debromination, they are dechlorinated and/or debrominated. 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 going 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. EPA determined the dechlorination limits by using those established for ballast water treatment systems and evaluating comments submitted by public commenters which indicated such limits are achievable. Furthermore, this limit is consistent with

common dechlorinati on limits from shore based sewage treatment facilities. In addition, the permit provides that vessel owners/operators may only discharge pool or spa water while the vessel is underway; hence, EPA anticipates that this discharge will be significantly dilute d.

7.1.2 Monitoring Requirements (Part 5.1.2)

Cruise ship operators must complete specific monitoring steps to document compliance with graywater treatment and discharge requirements under the permit. The monitoring requirements for large cruise ships are simil ar to those required by the Coast Guard regulations implementing Title XIV published at 33 CFR 159.309. These monitoring requirements are required by the U.S. Coast Guard for Alaskan cruise ship operators that discharge graywater and sewage within nearshore Alaskan waters. EPA evaluated these monitoring requirements and elected to use the same standards to remain consistent with the Coast Guard. The monitoring regime selected is sufficient to show that the systems are properly functioning before large cruis e ships enter domestic territorial seas and that the systems are properly maintained.

The monitoring requirements in this permit delineate a specific schedule for sampling, testing, and reporting, in compliance with the requirements of 40 CFR 122.44 and 122.48.

Permittees need to use test methods that are listed in 40 CFR Part 136 for all constituents sampled. The monitoring requirements will yield data representative of the discharge being monitored, allowing both EPA and permittees to accurately evaluate both compliance and the effectiveness of the permit requirements. The requirements include monitoring, sampling, andProposed 2013 Vessel General Permit (VGP) Fact Sheet

170 testing for specific parameters likely to be present in the effluent. These measurements characterize treatment efficacy and enable documen tation of permit compliance. Monitoring results need to be reported annually, following reporting of initial monitoring to establish the efficacy of the treatment system (see below).

7.1.2.1 Untreated Graywater

Since graywater from large cruise ships must be treat ed in all waters subject to this permit, a large cruise ship can no longer legally discharge untreated graywater (see discussion above in

7.1.1 for why EPA made changes to the operational discharge limits for Cruise Ships). However, if a large cruise ship discharges untreated graywater, the vessel owner/operator must keep records estimating all discharges of untreated graywater into waters subject t o the permit, including date, location, and volume discharged. In order to streamline recordkeeping and reporting requirements, this information may be kept in the sewage and graywater discharge record book otherwise required by 33 CFR §159.315 for those v essels that keep these records. Alternatively, cruise ship operators could record these data in the ship’s log or other recordkeeping documentation, as long as the location of the information is clearly known and can be made available to EPA or any EPA rep resentative immediately on request. EPA may use this information, in part, to monitor compliance with and effectiveness of the permit requirements.

7.1.2.2 Treated Graywater

Prior to entering domestic territorial seas, or within 90 days of obtaining permit coverage, whichever is later, cruise ship operators are required to demonstrate that the vessel has the ability to treat graywater to the applicable standards found in Part 5.1.1.1.2 if the vessel will be discharging graywater within 3 nm of shore or into nutrie nt impaired waters subject to this permit. These data must be reported to EPA consistent with the requirements discussed below.

The 2013 VGP also requires large cruise ships to monitor for several additional parameters: several nutrients and E. coli . EPA is requiring monitoring of nutrients to better characterize the effluent from these vessels. Since large cruise ships are already monitoring for other parameters, they will only need to collect extra water for these additional parameters. Hence, there is marginal incremental cost. Many new EPA permits have established pathogen

limits for E. coli instead of fecal coliform. EPA has left the requirement for fecal coliform to be consistent with Title XIV; however, the Agency believes that it is appropriate to gather E. coli

concentrations from these vessels to better characterize the effluent.

Furthermore, the permit requires the owner/operator to maintain records estimating the volume of all discharges of treated graywater into waters subject to the permit. These records would consist of the date, location, and volume discharged and could be maintained as part of the sewage and graywater discharge record book required under 33 CFR §159.315.

7.1.2.3 Initial Monitoring

Within 90 days of obtaining permit coverage, large cruise ship operators are required to demonstrate that the vessel has the ability to treat graywater to the applicable standards if the ship will be discharging graywater within 3 nm of shore. Cruise ship operators are required toProposed 2013 Vessel General Permit (VGP) Fact Sheet

171 initially demonstrate the effectiveness of the graywater treatment system by taking at least five (5) samples over 30 days. Samples are required to meet standards for BOD 5 , fecal coliform, suspended solids, pH, and total residual chlorine. The requirement for five initial sampl es is consistent with the Title XIV requirements for large cruise ships operating in Alaska. The permit requires records of monitoring information be kept, including the date, exact place noted in latitude and longitude, 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. The permit requires records be kept for 3 years.

Additionally, in order for EPA to better understand the performance of AWTSs and to better characterize cruise ship discharges, EPA has included monitoring requirements for E. coli

, total phosphorus (TP), ammonia, nitrate/nitrite, and To tal Kjeldahl Nitrogen (TKN). These tests are not expensive; samples can be taken at the same time as the sampling for which effluent limits have been established, and the information will be helpful for EPA and others to establish the potential environmental impact (if any) of treated Cruise Ship discharges. Such information might be useful for future permit iterations: for instance, EPA could examine whether the prohibition of treated cruise ship effluent in nutrient impaired waters is necessary if syste ms are removing substantial nutrient concentrations.

For chlorine monitoring, analytical results that are below the method detection limit are considered in compliance with the permit effluent limits, as long as the testing method used had

a detection limi t no higher than 10 μg/l under ideal conditions. EPA has found that method SM4500-CL G (DPD Colorimetric Method) is able to reach 10 μg/l under ideal conditions.

SM4500- Cl G is typically the method that ADEC/USCG uses for compliance monitoring.

In additio n, testing and reporting for total residual chlorine is not required if chlorine is not used as the disinfectant in the wastewater treatment process and no water to which chlorine has been added (swimming pools, spas, etc.) is drained to the graywater system.

7.1.2.4 Maintenance Monitoring

After initially demonstrating the effectiveness of the treatment system, operators must conduct the same sampling and testing at least once per quarter to show continued effectiveness of the system and compliance with the permit . This requirement includes keeping all required records of the sampling and testing results for at least 3 years.

7.1.2.5 Treated Pool and Spa Discharges (5.1.2.3)

Vessel owner/operators must monitor chlorine or bromine (as total residual oxidant) concentrations (as applicable) in pool and spa water before discharging such water into waters subject to this permit. Such monitoring for chlorine must use Part 136 methods in order to ensure the dechlorination process is complete. Such monitoring for bromine must use Part 136 methods or may also use colorimetric methods, including with test kits, (for pool and spa discharges only), provided that test kit has method detection limit no higher than 50 μg/L. In addition, vessel records must include the location, estimated volume, and concentration of chlorine or bromine in the discharge.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

172 As with monitoring for chlorine in graywater, analytical results that are below the method detection limit are considered in compliance with the permit effluent limits, as long as the testi ng method used had a detection limit no higher than 10 μg/l under ideal conditions. EPA has found that method SM4500-CL G (DPD Colorimetric Method) is able to reach 10 μg/l under ideal conditions and so meets these requirements. SM4500- Cl G is typically th e 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.

7.1.2.6 Monitoring Reporting

In addition to the other reporting requirements established by this permit, vessel operators must submit the initial sampling and testing information to EPA. Once the e

- reporting system is established, it will be available at www.epa.gov/npdes/vessels/enoi . Maintenance sampling and testing information must be submitted at least once a year.

EPA notes, that unlike the 2008 VGP, monitoring data must be reported directly to EPA. This is to ensure that EPA can review whether all cruise ship data collected are complete and allows cruise ship operators to consolidate all of the reporting requirements into one annual

report.

7.1.2.7 Reserved Authority

Meeting the monitoring requirements would not shield the vessel operator from liability if EPA or Coast Guard tests the graywater discharge and finds it is not in compliance with the

treatment standards. Non- compliance with any effluent limit would be a violation of the permit.

7.1.3 Education and Training Requirements (Part 5.1.3)

Pursuant to CWA section 402(a)(2), and 40 CFR 122.43(a), and other implementing regulations, EPA is imposing the following education and training requirements.

Crew training is extremely important because the vessel’s crew plays a significant role in increasing or decreasing the volume and quality of vessel discharges. The permit requires the cruise ship owner/operator to train the crew members who actively take part in the management of a discharge, or who may affect a discharge, in environmental procedures sufficiently so that the crew could demonstrate proficiency in implementing the procedures; provide advanced training in environmental management procedures to any crew members directly involved in the management of a specific discharge, such that the crew could demonstrate proficiency in implementing the procedures; and establish and enforce sufficient reprimand procedures for any crew member whose actions lead to a violation of any of the effluent limits in this permit, or a violation of other procedures established by the cruise ship operator to minimize the discharge of pollutants.

In addition, the permit requires the cruise ship operator to educate passengers about potential environmental impacts and steps the pa ssengers can take to minimize those impacts. Proper education of crew and passengers plays an important role in meeting environmental protection goals because they are often in the best position to minimize vessel discharges.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

173 Graywater is one example. Pass engers can minimize the amount of graywater produced onboard if they are made aware of water conservation practices such as reusing sheets and towels. Passengers can control the constituents added to graywater discharge, such as through proper disposal of unused pharmaceuticals which would prevent their ultimate introduction into the aquatic environment. The permit allows flexibility in how these goals are accomplished, and allows the passenger education to take place via posting or distribution of signage, flyers, or other handouts, incorporating environmental information into passenger orientation presentations, holding lectures or seminars, or making announcements over the ship’s public address system.

Most cruise ship operators have already incorporated environmental training into established training and education requirements. Some of these education requirements included in the permit are based in part on industry literature created by the industry trade group Cruise Lines International Association (C LIA). The steps required by the permit are already being employed by many cruise ship operators in the industry and thus are available as well as economically practicable and achievable. Inclusion of education requirements in the permit is designed to elev ate the standard of conduct to the level of the most responsible operators. Most cruise ship operators are already meeting the permit requirements. For more information on cruise ship operators voluntary actions, please see CLIA 2006.

7.2 M EDIUM C RUISE S HIPS [P ART 5.2]

Medium cruise ships are those ships authorized to carry 100 to 499 passengers for hire and provide overnight accommodation to those passengers. EPA selected a threshold of 100 people as the lower end of the range to capture vessels where the volume of graywater generated gradually increases. The discharges of untreated graywater from cruise ships in this size range has been shown to contain similar pollutants to those in untreated graywater discharges from large cruise ships (ADEC, 2002). Therefore, these d ischarges also have a similar negative impact on water quality. As discussed above, cruise ships have unique characteristics that require additional discharge management requirements. While medium cruise ships carry a smaller number of passengers than larg e cruise ships, the volume of graywater generated is still significantly higher than what is generated by a cargo ship carrying crew only. See Part 7.1 for a discussion on the nature of cruise ship discharges, the reason effluent limits were established, and how these limits represent BPT/BAT.

EPA has made changes in the 2013 VGP requirements for medium cruise ships that correspond to the changes made for large cruise ships. The rationale for the extension of the prohibition of the discharge of graywater to 3nm laid out in Section 7.1 above for large cruise ships is also to medium cruise ships, As detailed in Section 7.1, EPA made the change to the permit requirements for medium cruise ships after considering the six factors under 40 CFR § 125.3(c), whic h sets BAT treatment limits and the efficacy of these treatment systems.

7.2.1 Differences Between the Requirements for Large Cruise Ships and Medium Cruise Ships

The permit requirements for medium cruise ships are identical to those for large cruise ships, with two exceptions. These are:Proposed 2013 Vessel General Permit (VGP) Fact Sheet

174 • An additional option for discharging while operating in Nutrient Impaired Estuaries.

• Differences for existing medium cruise ships unable to voyage more than 3 nm from

shore.

7.2.1.1 Different Requirements in Nutrient Impaired Estuaries

In nutrient impaired estuaries, this permit allows for medium sized cruise ships unable to retain graywater on board to discharge untreated graywater while moving at a speed of at least 6 knots. This difference was included because, at this time, EPA exp ects fewer of these size vessels to have treatment capacity to meet the more stringent standards in Part 5.2.1.1.2. Hence, owner/operators may not be able to adjust their fleet positions to assure that vessels are available

that have either sufficient hold ing capacity or the ability to treat to the standards in Part 5.2.1.1.2 of the permit to meet the nutrient impaired estuary requirements. Though EPA fully expects most medium cruise ships to have the ability to hold the graywater until they get further than 3 nm offshore (for example, medium cruise ships sailing in Glacier Bay in Southeast Alaska hold their wastewater and do not discharge for the duration of their visit in the park), it may be difficult to hold the graywater for prolonged periods in large n utrient impaired estuaries (in which the channel can be more than 3 nm from any shore). Though treatment technologies to meet the standards in part 5.2.1.1.2 are available, EPA has not concluded that requiring all medium cruise ship owner/operators to inst all these systems prior to coverage under this permit is economically achievable. This extra flexibility for medium cruise ships allows owner/operators to comply with the requirements of the permit, while offering a more environmentally protective approach than allowing the discharge of graywater into nutrient

- impaired estuaries while stationary. Hence, these requirements, taken as a whole, are technologically available and economically practicable

and achievable.

7.2.1.2 Differences for Existing Medium Cruise Ships Built Before December 19, 2008 Unable to Voyage More than 1 nm from Shore

Some older, existing medium cruise ships that operate on rivers or lakes, are not authorized to go beyond 3 nm (e.g., are restricted by their operational certificate to operating only within 1nm of shore), or otherwise never go beyond 3 nm from shore. A Medium Cruise Ship in operation as of the effective date of this permit is not required to meet the graywater requirements found in Part 5.2.1.1.1 if the ship is unable to voyage 3 nm from shore, unless the ship undergoes a major conversion subsequent to the VGP effective date. Vessels constructed on or after the effective date of this permit are required to meet the graywater standards found in Part 5.2.1.1.1. (the same as large cru ise ships). If, during the permit term, a vessel that is in operation on the effective date of this permit undergoes a major conversion as defined in Part 7 of the permit, the discharge from such a ship must meet the treatment standards found in Part 5.2.1.1.1 of the permit.

Unlike large cruise ships, which by their operational necessities are ocean going, some medium cruise ships are unable to regularly voyage 3 nm from shore. If onshore treatment is not readily available in river port towns for treatment of graywater, then the ship would be unable to meet these graywater treatment standards immediately. Furthermore, installation of AWTSs may be more complicated on older vessels than on newer vessels. Hence, based on the comments submitted and further economic analysis (included in the economic analysis for this permit) andProposed 2013 Vessel General Permit (VGP) Fact Sheet

175 unlike with larger cruise ships, many medium cruise ships may not be able to immediately achieve these treatment standards without installation of equipment that could require a majoroverhaul of the vessel. This type of vessel repair or conversion could be extensive, require drydocking, and in some cases, re-design of major structural components of the vessel. For these reasons, EPA determines that it is not economically practicable or achievable to require all existing medium cruise ships which are unable to travel outside 3 nm to meet the requirements of Part 5.2.1.1.1 at this time. However, EPA notes that it may yet become economically achievable to include this requirement for all me dium cruise ships in future iterations of this permit and owner/operators are so advised should they upgrade existing graywater vessel treatment capacity. For additional information on economic achievability and BAT, please see the economic analysis

for th is permit.

7.3 L ARGE F ERRIES (P ART 5.3)

Ferries are vessels for hire that are designed to carry passengers and/or vehicles between two ports, usually in inland, coastal, or nearshore waters. They usually travel the same route several times a day and do not provide overnight accommodations to their passengers. They have discharges unique to their industry because of the potentially high volume of both pedestrian and vehicular traffic that they carry, usually on inland or coastal waters. These waters usually car ry a relatively high volume of vessel traffic and also can contain highly valuable and ecologically sensitive mating and nesting grounds for birds, fish, and mammals. The permit provisions apply to large ferries. For purposes of the permit, large ferries a re those ferries authorized to carry a) more than 100 tons of cars, trucks, trains, or other land-based transportation or b) 250 or more people.

EPA could not find a preexisting definition of large ferry. Hence, the Agency reviewed the

number of ferries c aptured at different weight thresholds using data including all steel hulled,

self -propelled vessels classified by the WTLUS/VESDOC as Passenger Vessels, Combination Passenger/Cargo ships, and by Ferries Data DOC as Passenger Vessels, Combination Passenger/Cargo ships, and Ferries. EPA considered the relative increase in the discharge of pollutants, particularly those pollutants generated from land-based transportation on board vessels, as ferry size increased when establishing this threshold. For this perm it, EPA has stated that a “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 peopl e.

In order to minimize the harmful effects of discharges from large ferries, this permit imposes specific requirements with respect to the potential spills, drips, and leaks associated with carrying of vehicles. These requirements include treatment of runoff from below deck (e.g. areas not exposed to the elements) parking and storage areas with an oily water separator or other similar device, and require that this discharge not be released into waters listed in Part 12.1. In addition, pursuant to CWA sections 402(a)(2), and 40 CFR 122.43(a), and other implementing regulations, the permit sets out requirements for all large ferries with respect to educating the crew and passengers about environmental procedures. It is the crew that will implement the environmental requirements found in the permit, and because of that, they must be taught what to do, how to do it, and why they are doing it. Large ferry owner/operators also are required to educate passengers on their potential environmental impacts and how thos e can be mitigated.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

176 This education must address eliminating the discharge of trash into any waste stream, minimizing the production of trash from parking areas and storage areas, eliminating the addition of unused soaps, detergents and pharmaceuticals to t he graywater or blackwater systems, and minimizing the production of graywater. There are many ways that a ferry operator can accomplish passenger education, including posted signage, distribution of informational materials, incorporating environmental mat erial in orientation presentations, and broadcasting environmental information over loudspeakers or the public address system.

Some of these education requirements included in the permit are based in part on industry literature created by the industry tra de group CLIA. EPA anticipates that educating crew and passengers on cruise ships is similar to educating the crew and passengers of large ferries. The educational requirements in the permit are already being employed by many cruise ship owner/operators in the industry.

For those large ferries which are authorized by the Coast Guard to carry 250 or more people, the permit also requires use of shoreside graywater reception facilities if they are reasonably available. If not available, such large ferries are required to hold their graywater while in port if the vessel has the holding capacity and to discharge the effluent while the vessel is underway under the operational conditions set out in section 5.3.1.2 of the permit.

The technologies upon which the permit’s graywater requirements are based are technologically available and economically practicable and achievable. These requirements are intended to reduce the volume of graywater discharged while large ferries are pierside so as to reduce the discharge of chemicals, nutrients, and pathogens into marinas and ports, which can be located in ecologically sensitive estuaries, and where large numbers of vessels may be discharging in close proximity. The cumulative impact of numerous graywater discharges in port may be significant. In addition, these requirements will help reduce potential impacts if graywater needs to be discharged while underway by setting out operational limits on such discharges, as further explained in the Fact Sheet discussions for graywater from cruise ships.

Unlike the 2008 VGP, this permit does not authorize the discharge of coal ash slurry from coal fired propulsion systems from ferries. The previous VGP suspended the authorization for these discharges in December 2012. Either coal ash discharges must cease into waters subject to this permit or they must be authorized under an individual NPDES permit.

7.4 B ARGES (I NCLUDING H OPPER B ARGES , C HEMICAL B ARGES , F UEL B ARGES , C RANE

B ARGES , D RY B ULK C ARGO B ARGES ) (P ART 5.4)

Barges are large flat -bottomed boats typically used to move cargo in inland waterways. Barges are usually not powered vessels, but are instead pushed or pulled by tugboats. Due to the way they carry cargo, the permit imposes additional measures in order to prevent and minimize the discharge of pollutants from barges. Specifically, the permit requires additional measures to prevent the contamination of condensation with oily or toxic materials. Based on information provided in comments received in response to the June 21, 2007 Federal Register notice, it is a technologically available and economically achievable and practicable practice for barge owner/operators to prevent the contamination of condensation. This permit also prohibits anyProposed 2013 Vessel General Permit (VGP) Fact Sheet

177 discharge that has or causes a visible sheen or is otherwise discharged in a quantity that may be

harmful.

The permit also requires barges to conduct an additional inspection. Every time water is pumped from any area below deck, the vessel operator must conduct a v isual sheen test by conducting a visual inspection of the discharge and the water around the barge to check the water for a visual sheen. EPA is imposing this requirement due to our understanding that this is current good marine practice and that pumping w ater from below deck (where water may have come into contact with cargoes) is more likely to result in a discharge that may be harmful. Under 40 CFR 110 or 40 CFR 302, if a visible sheen is detected, you must report the discharge immediately to the Nationa l Response Center at 1 -800-424-8802 or on the Center’s website at www.nrc.uscg.mil . Furthermore, appropriate corrective actions must be taken according to the corrective actions section in Part 3 of the permit and the event must be recorded according to Part 4.2 of the permit.

Today’s VGP improves efficiency for many unmanned, unpowered barges. This includes reducing the recordkeeping requirements found under Part 4.2 of the Permit, allowing electronic recordkeeping , reducing requirements for routine visual inspections when a vessel is “fleeted”, and allowing vessel owner/operators to submit combined annual reports for certain vessels. EPA believes that some of these changes should significantly improve efficiency f or most vessel owner/operators, but several will result in particular efficiencies for the barge industry.

7.5 O IL AND P ETROLEUM T ANKERS (P ART 5.5)

Oil tankers are designed to carry oil and other petroleum products in bulk tanks. Due to the cargo they carry an d how they carry their cargo, they are prone to environmentally harmful discharges of oil, particularly during cargo loading and unloading operations. To mitigate these risks, the permit requires that scuppers be blocked during cargo operations to prevent oil from contaminating discharges authorized by this permit. Any oil that is spilled must be cleaned up with oil absorbent cloths or other device to minimize contamination of any authorized discharge. The discharges of water from deck seals are authorized when such deck seals are installed as an integral part of an inert gas scrubber system. These requirements represent existing good marine practice for these vessels.

A visual sheen test must be conducted after cargo loading operations, cargo unloading operations, and deck washing. The visual sheen test detects the presence of free oil on the surface of the water surrounding the vessel. That free oil is visible on the water’s surface as an oily sheen. Under 40 CFR 110 or 40 CFR 302, if a visible sheen is detected, you must report the discharge immediately to the National Response Center at 1 -800-424-8802 or on the Center’s

website at www.nrc.uscg.mil . Furthermore, appropriate corrective actions must be taken according t o the corrective actions section in Part 3 of the permit and the event must be recorded according to Part 4.2 of the permit.

Oil spill management measures are carried out by the tanker’s crew. Pursuant to CWA sections 402(a)(2), and 40 CFR 122.43(a), and i mplementing regulations, EPA is requiring that all crew members who actively take part in management of a discharge or who may affect a discharge receive training so they are aware of what they must do, when to do it, and why to do itProposed 2013 Vessel General Permit (VGP) Fact Sheet

178 in order to minimize the discharge of oil and other toxic pollutants. In addition, reprimand procedures must in place to hold crew accountable for any failure to follow established pollution prevention procedures.

7.6 R ESEARCH V ESSELS (P ART 5.6)

Research vessels are those that ar e engaged in investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted scientific theories or laws in the light of new facts, or practical application of such new or revised theories or laws. They typically

i nclude State, Federal, non -profit, educational, and occasionally corporate vessels conducting scientific research and experiments. They are not engaged in commercial activity that results in the direct production of or harvesting for sale of mineral or liv ing resources collected during their voyages. This permit lists the following materials that research vessels are authorized to discharge: tracers (dyes, fluorescent beads, SF6), drifters, tracking devices and the like, and expendable bathythermograph (XB T) probes. The permit’s provisions limit these discharges to the minimal amount that is necessary to conduct the research. In addition, these discharges are only authorized for the sole purpose of conducting research on the aquatic environment or its

natur al resources in accordance with generally recognized scientific methods, principles, or techniques. EPA expects research vessels to employ responsible research practices at all times. EPA believes that these practices allow for productive research while mi nimizing the discharge of materials, and that they are technologically available and economically practicable and

achievable.

7.7 E MERGENCY V ESSELS (P ART 5.7)

Emergency vessels include firefighting boats, police boats, and other boats with a public safety mis sion. These vessels have supplemental permit provisions in Part 5.7 of this permit that specifically allow discharges incidental to their public safety responsibilities. The permit allows the discharge of substances necessary for securing and saving lives at sea. In addition, it allows discharges for training, testing and maintenance purposes, as long as those discharges comply with any additional requirements of the CWA, including Section 311, which imposes conditions on the discharge of oil. Furthermore, when these discharges include the use of foaming agents for oil or chemical fire response, they must be in accordance with the National Contingency Plan, pursuant to 40 CFR 300. The National Contingency Plan contains procedures for preparing for and responding to discharges of oil and hazardous substances.

EPA notes that the most commonly used aquatic firefighting substance, AFFF, has the potential for significant environmental impact. In addition to requirements of Part 2.2.5 of this permit, EPA encourages operators of emergency and fire boats to use AFFF formulations that contain low concentrations of perfluorinated surfactants or contain non-fluorinated surfactants that maintain emergency operations effectiveness. Use of alternative formulations of AFFF is strongly recommended for those vessels that operate in areas near active commercial or recreational fisheries, near swimmable waters, or in high traffic areas. EPA encourages emergency vessel owner/operators to use common sense to minimize unnecessary discharges of these toxic firefighting substances. Furthermore, EPA encourages emergency vessel owner/operators to use less persistent (non-fluorinated) substitute foam for training purposes.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

179 8. STATE OR TRIBAL REQUIREMENTS (PART 6)

Part 6 of the final VGP identifies provisions provided to EPA by States and Tribes in their CWA § 401 certifications that the States and Tribes deemed necessary to assure compliance with applicable provisions of the CWA and any other appropriate requirements of State and Tribal

law

. See 33 U.S.C. 1341(d); 40 C.F.R. § 124.53(e)(1). Pursuant to CWA § 401(d), EPA has attached those State and Tribal provisions to the final VGP; those that constitute effluent or other limitations or monitoring requirements are enforceable conditions of t he federal permit.
American Rivers, Inc. v. FERC , 129 F.3d 99, 107 (2nd Cir. 1997). These conditions are subject to review in State and Tribal administrative and judicial tribunals with appropriate jurisdiction. 40 C.F.R. § 124.55(e); American Rivers, Inc. v. FERC , 129 F.3d 99, 102 (2nd Cir. 1997); Roosevelt Campobello Int’l Park Comm’n v. EPA , 684 F.2d 1041, 1056 (1st Cir. 1982). Part 6 of the permit also includes conditions provided by states as part of their concurrence with this permit for CZMA purposes if applicable (see Part 12.1 of this fact sheet).

9. DEFINITIONS (APPENDIX A )

Appendix A of the Permit provides permit-specific definitions of statutory, regulatory, and other terms important for understanding this permit and its requirements. Any terms that are not listed in this definitions section have the meaning given to the terms by 40 CFR Part 122.2 (the definitions section of the NPDES regulations). To develop these definitions, EPA has, where possible, relied on existing definitions in other laws and regulations applicable to this universe of permittees in order to provide consistency with those laws and provide permittees with a familiar framework. For those definitions that were developed based on another source, the citation to that law or regulation is included in brackets after the definition.

EPA has added several new definitions to this permit, including “biodegradable,” “environmental acceptable lubricants,” and “voyage.” EPA is requesting comment on new

de finitions in the permit.

10. NOTICE OF INTENT AND NOTICE OF TERMINATION (APPENDIX E AND F )

Appendix E of the permit gives those owners and operators who will be required to submit an NOI form an explanation of the process and requirements. This Part reiterates who must file an NOI, pursuant to 1.5.1 of this permit (“How to Obtain Authorization”), and includes a table that outlines the deadlines for submission of an NOI, and corresponding discharge authorization dates. This table provides the same information as Table 1 of this permit. In addition, Part 10.2 provides the actual NOI form, and gives section- by -section instructions on how to fill out the

form. T he website address for submitting the NOI form is www.epa.gov/npdes/vessels eNOI. The NOI form for vessel discharges will be available on the website approximately 6 months after permit issuance.

Appendix F of the permit discusses how and when to terminate permit coverage using a Notice of Termination (NOT) form, pursuant to the permit’s requirements in 1.6. Like the NOI form in Part 10, Part 11 provides the web address for submission of the NOT form, a section- by

section explanation about each section of the NOT form, and the actual NOT form.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

180 11. WATERS FEDERALLY PRO TECTED WHOLLY OR IN P ART FOR

CONSERVATION PURPOSE S [APPENDIX G ]

Appendix G (formally referred to as Part 12 waters in the 2008 VGP ) of this permit lists “waters federally protected in whole or in part for conservation purposes,” and several of the permit’s technology

- based effluent limits prohibit or limit various discharges in these waters to the extent they are within waters subject to this permit. As discussed in section 4.2.3 of this fact sheet, EPA has found that the prescribed limits are technologically available and economically practicable and achievable for certain discharges. Because it is possible to limit discharges to certain times, but not to limit those discharges indefinitely, EPA focu sed on imposing these limitations for waters federally protected in whole or in part for conservation purposes. To develop this list of waters, EPA reviewed several federal authorities that protect waters that are known to be of particular high value or se nsitive to environmental impacts. These waters are comprised of areas that are important to EPA, our federal partners, and the public at large, as evidenced by the waters’ special status or designation by the Federal government as National

Marine Sanctuari es, Marine National Monuments, National Parks, National Wildlife Refuges, National Wilderness Areas, or parts of the National Wild and Scenic Rivers System. As mentioned, these waters are likely to be of high quality and consist of unique ecosystems which may include distinctive species of aquatic animals and plants. Furthermore, as protected areas, these waters are more likely to have a greater abundance of sensitive species of plants and animals that may have trouble surviving in areas with greater anthro pogenic impact.

12. OTHER LEGAL REQUIREMENTS

12.1 C OASTAL Z ONE M ANAGEMENT A CT (CZMA)

The Coastal Zone Management Act (CZMA) and its implementing regulations (15 CFR Part 930) require that any Federal agency activity or Federally licensed or permitted activity occurring within (or outside but affecting) the coastal zone) of a state with an approved coastal zone management program (CZMP) be consistent with the enforceable policies of that approved program to the maximum extent practicable. Agency general permits that do not involve case- by

case or individualized determinations by the Agency are federal activities for the purposes of CZMA section 307(c)(1). Following proposal of the draft VGP, EPA will provide the relevant state coastal zone management agencies wit h its national consistency determination regarding the enforceable policies in approved state CZM programs for the coastal zones including state waters where the VGP would authorize discharges. 15 CFR 930.31(d). Consistent with the maximum extent practicab le standard in 15 CFR 930.32, the final VGP either incorporates state conditions (see VGP Part 6), or if not incorporated or if a state coastal zone management agency objected to the VGP, Part 6 of the VGP notifies potential users of the permit that the VGP is not available for use in that State unless vessel owner/operators wanting to use the VGP in that State provide the State agency with an individual consistency certification under 15 CFR Part 930 subpart D and the State agency concurs.

12.2 E NDANGERED S PE CIES C ONSULTATION

Section 7(a)(2) of the Endangered Species Act (ESA) requires each Federal agency, in consultation with and with the assistance of the Fish and Wildlife Service (FWS) and theProposed 2013 Vessel General Permit (VGP) Fact Sheet

181 National Marine Fisheries Service (NMFS), collectively “the Services,” to ensure that the actions they authorize, fund, or carry out are not likely to jeopardize the continued existence of any endangered or threatened species (referred to as “listed species”) or result in the destruction or

adverse modification of thei r designated critical habitats.

The Services have published regulations implementing ESA section 7 at 50 CFR Part 402. The regulations provide that a Federal agency (such as EPA) must consult with FWS, NMFS, or both if the agency determines that an activi ty authorized, funded, or carried out by the agency may affect listed species or critical habitat. The kinds of effects that trigger the consultation obligation could include, among other things, beneficial, detrimental, direct and indirect effects. EPA pl ans to commence consultation with the Services in the near term.

12.3 E SSENTIAL F ISH H ABITAT C ONSULTATION

Pursuant to section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Sustainable Fisheries Act of 1996 (Public Law 104-267), Federal agencies must consult with National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) regarding any of their actions authorized, funded, or undertaken, or proposed to be authorized, funded, or undertake n that may adversely affect Essential Fish Habitat (EFH). Upon review, EPA has determined that issuance of this final permit will have no adverse effect on EFH because the VGP will impose CWA effluent limitations on discharges incidental to the normal oper ation of vessels..

12.4 M ARINE P ROTECTION , R ESEARCH AND S ANCTUARIES A CT

Title I of the Marine Protection, Research and Sanctuaries Act (MPRSA) (also known as the Ocean Dumping Act) generally prohibits, unless authorized by a permit issued under the Act, (1) tr ansportation of material from the US for the purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean dumping by US agencies or US-flagged vessels; and (3) dumping of material transported from outside the US into the US territorial sea or dumping of material transported from outside the US into the US contiguous zone, to the extent that it may affect the territorial sea or the territory of the United States. MPRSA section

101.

Dumping under the MPRSA means “a disposition of material: Provided, that it does not mean a disposition of ... a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels,” nor “a disposition of any effluent from any

outfall structure to the e xtent that such disposition is regulated under the [CWA].” MPRSA 3(f), 33 U.S.C. 1402(f). The VGP addresses discharges incidental to the normal operation of vessels that would be regulated under the CWA, and thus not under the MPRSA.

12.5 O IL S PILL R EQUIREMENTS

Section 311 of the CWA prohibits the discharge of hazardous substances in harmful quantities. Discharges incidental to the normal operation of a vessel specifically controlled by the permit are excluded from the provisions of Section 311. However, this permit does not preclude the institution of legal action or relieve the permittee from any responsibilities, liabilities, orProposed 2013 Vessel General Permit (VGP) Fact Sheet

182 penalties for other unauthorized discharges of hazardous substances which are covered by

Section 311 of the CWA.

12.6 P APERWORK R EDUCTION A CT

The information collection requirements for the first iteration of the VGP were approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. as part of the NPDES Consolidated ICR. On September 28, 2008 EPA published the first public notice of this ICR under the OMB number 2040-0004 and on December 17, 2008, EPA published the final public notice for a 30 day comment period.

This information must be collected in order to appropriately administer and enforce the terms and conditions of the Vessel General Permit. This information collection is mandatory as authorized by Clean Water Act Section 308 and all information collected will be treated as Confidential Business Information (CBI).

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR Part 9. When this ICR is approved by OMB, the Agency will publish a technical amendment to 40 CFR Part 9 in the Federal Register to display the OMB control number for the approved information collection requirements contained in this final permit.

12.7 E XECUTIVE O RDER 12898: F EDERAL A CTIONS TO A DDRESS E NVIRONMENTAL J USTICE

IN M INORITY P OPULATIONS AND L OW -I NCOME P OPULATIONS

Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health orenvironmental effects of their programs, policies, and activities on minority populations and lowincome populations in the United States.

EPA has determined that these permits will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. The provisions in these permits include, among other things, new requirements for ballast water discharges, other incidental discharges, commercial fishing vessels, and vessels less than 79 feet, which will result in an increase in the level of environmental protection. The requirements in the VGP and sVGP apply equally to discharges from regulated vessels, and therefore do not disproportionately and adversely affect minority or low

- income populations.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

183 13. REFERENCES

Aalborg. (2010) . EGCS SMM Workshop 2010 presentation. Retrieved from http://www.aalborg

industries.com/scrubber/documents/ExhaustGasCleaning_000.pdf

.

Abbaspour, M., Javid, A.H., Moghimi, P., & Kayhan, K. (2005). Modeling of thermal pollution

in coastal areas and its economical and environmental assessment. International Journal of Environmental Science and Technology

, 2 , 13-26.

AEA. (2009). Cost Benefit Analysis to support the impact assessment accompanying the revision of Directive 1999/32/EC on the sulfur content of certain liquid fuels . Report to European Commission by AEA, Association ASPEN and Swedish Environmental Research

Institute. Retrieved from http://ec.europa.eu/environment/air/transport/pdf/CBA_of_S.pdf

.

AFCAN. (2006). Oily waste management onboard of vessels; September 2006 update. Association Francaise des Capitaines de Navires. Accessed September 10, 2010.

Retrieved from http://www.afcan.org/dossiers_techniques/gestion_dech_huileux2_gb.html

.

Alaska Department of Environmental Conservation (ADEC) & Science Advisory Panel. (2002). The impact of cruise ship wastewater discharge on Alaska waters

.

Alaska De partment of Environmental Conservation (ADEC). (2007). Large Commercial Passenger Vessel Wastewater Discharge: General Permit Information Sheet . Retrieved

from http://www.dec.state.ak.us/water/cruise_ships/pdfs/GP%20Information%20Sheet.pdf

.

Albert, R. and R. Everett. (2010). Capabilities of shipboard ballast water treatment technology. Presentation to EPA’s Science Advisory Board, July 29, 2010, Washington, DC.

Albert, R., Everett, R., Lishman, J., and Smith, D. (2010). Availability and efficacy of ballast water treatment technology: background and issue paper. Paper prepared to assist the Science Advisory Board Review of the availability and efficacy of ballas t water treatment technology. June, 2010. Retrieved from http://www.epa.gov/npdes/pubs/vessels_efficacy_ballast_final.pdf

.

Albert, R. (2010). Development of the Next VGP – S takeholder Listening Session, Washington DC. December 15, 2010.

Albert, R. (2011). Development of the ballast water requirements of the next Vessel General Permit. Ballast Water Treatment Technology Conference. London, England. July, 2011.

Aluyor, E.A., O. O. Obahiagbon and M. Ori-jesu. (2009). Biodegradation of vegetable oils: A

review. Scientific Research and Essay. 4(6): 543-548.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

184 American Bureau of Shipping (ABS). (2010). Ballast Water Treatment Advisory. 8 June 2010.

Retrieved from http://www.eagle.org/eagleExternalPortalWEB/ShowProperty/BEA%20Repository/Refer ences/ABS%20Advisories/BWMAdvisoryNotice

. Accessed June 1 6, 2010.

American Waterways Operators (AWO). (2009). Public comments submitted regarding proposed USCG rulemaking on standards for living organisms in ships’ ballast water discharged in

U.S. waters. Comment number USCG-2001-10486-0280. Posted 12/4/2009.

Australian Quarantine and Inspection Service (AQIS). (1992). Controls on the Discharge of Ballast Water and Sediment from Ships Entering Australia from Overseas . AQIS Notice (Barrier Co -ordination) 92/2. AQIS, Canberra, Australia.

Alther , G.R. (1995). Organically modified clay removes oil from water. Waste Management, 15(8) , 623-628.

Axiak, V., Sammut, M., Chircop, P., Vella, A., & Mintoff, B. (1995). Laboratory and field investigations on the effects of organotin (tributyltin) on the oyster, Ostrea edulis. Environmental Toxicology: Hazards to the Environment and Man in the Mediterranean Region

, 171 , 117-120.

Bacher, Henrik. (2011). How to Choose and Integrate Best System that Fulfills Your Requirements. 4th Ballast Water Management Sum mit. Amsterdam, Netherlands.

Bailey, S., L., Velez-Espino, L., Johannsson, O., Koops, M., and Wiley, C. 2009. Estimating

establis hment probabilities of Cladocera introduced at low density: an evaluation of the proposed ballast water discharge standards. Canadian Journal of Fisheries and Aquatic Sciences 66: 261-

276.

Bailey et. al. (2011). Evaluating efficacy of an environmental policy to prevent biological

invasions. Environmental Science and Technology, 45, 2554-2561.

Barnes, D.K.A. (2002). Invasions by marine life on plastic debris. Nature

, 416 , 808-809.

Battelle. (2000). An Initial Survey of Aquatic Invasive Species Issues in the Gulf of Mexico Region. EPA -855-R-00-003. New Orleans, LA. (September). Retrieved form http://nis.gsmfc.org/pubs/Initial%20Survey%20of%20Invasive%20Species.pdf

.

Battelle. (2007). Technical support for EPA development of a permitting framework to address the vacatur of the NPDES vessel ex clusion (Revised Draft Report).

Bentivegna, C.S., & Piatkowski, T. (1998). Effects of tributyltin on medaka (Oryzias latipes) embryos at different stages of development. Aquatic Toxicology

, 44 , 117-128.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

185 Betton, C.I. (2009). Chapter 15, Lubricants and Their Environmental Impact. In: Chemistry and Technology of Lubricants, 3rd Edition. Mortimer, R., M. Fox, and S. Orszulik, eds. Springer, Dordrecht, Heidelberg, London, New York. 547 pp.

Bolch, C.J.S., & de Salas, M.F. (2007). A review of the molecular evid ence for ballast water introduction of the toxic dinoflagellates Gymnodinium catenatum and the Alexandrium "tamarensis complex" to Australasia. Ballast Water

, 6 , 465-485.

Brickman, D. (2006). Risk assessment model for dispersion of ballast water organisms in shelf

seas. Canadian Journal of Fisheries and Aquatic Sciences

, 63 , 2748-2759.

Brickman, D., & Smith, P. (2007). Variability in invasion risk for ballast water exchange on the

Scotian Shelf of eastern Canada. Marine Pollution Bulletin

, 54 , 168-174.

Brown & Caldwell. (2007). Port of Milwaukee Onshore Ballast Water Treatment – Feasibility Study Report. Prepared for the Wisconsin Department of Natural Resources. Brown & Caldwell, Milwaukee, WI, 114 pp.

Brown & Caldwell, and Bay Engineering. Inc. (2008). Port of Milwaukee Onshore Ballast Water

Treatment – Feasibility Study Report. Phase 2. Prepared for the Wisconsin Department of 10 Natural Resources. Brown & Caldwell, Milwaukee, WI, 98 pp.

Cairns Jr ., J. (1972). Environmental Quality and the Thermal Pollution Problem. In Farvar, M.G. and J.P. Milton (Eds.), The Careless Technology: Ecology and International Development . Garden City, NY: Natural History Press.

California Association of Port Authorities (CAPA). (2000). Feasibility of Onshore Ballast Wate r Treatment at California Ports. Prepared by URS Corporation/Dames & Moore. CAPA, Sacramento, CA.

California State Lands Commission (CSLC). 2010. Draft (2010) Assessment of the Efficacy, Availability and Environmental Impacts of Ballast Water Treatment Sy stems for Use in California Waters. California SLC, Sacramento, CA, 149 pp.

California State Water Resources Control Board (SWRCB). (2002). Evaluation of Ballast Water Treatment Technology for Control of Nonindigenous Aquatic Organisms. SWRCB,

California Environmental Protection Agency, Sacramento, CA, 70 pp.

Cangelosi, A. (2010a). Report of the land- based freshwater testing of the Siemens SiCURE Ballast Water Management System. Great Ships Initiative. GSI/LB/F/A/1.

Cangelosi, A. (2010b). A Great Lake relevancy preamble to the GSI report on land- based testing outcomes for the Siemens SICURE Ballast Water Management System. Great Ships

Initiative.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

186 Cangelosi, Allegra. (2011). Final Report of the Land-Based, Freshwater Testing of the Lye (NaOH) Ballast Wate r Treatment System. Washington, DC.

Caplan, J., Newton, C., & Kelemen, D. (2000). Technical report: Novel oil/water separator for treatment of oily bilgewater. Marine Technology and SNAME News , 2000, 37(2) , 111-

115.

Carlton, J.T. (1985). Transoceanic and Interoceanic Dispersal of Coastal Marine Organisms: The Biology of Ballast Water. Oceanography and Marine Biology Annual Review

, 23 , 313–

371.

Carlton, J.T. (1996). Pattern, process, and prediction in marine invasion ecology. Invasion Biology

, 78 , 97-106.

Carlton, J.T., and Geller, J.B. (1993). Ecological Roulette: The Global Transport of Nonindigenous Marine Organisms. Science

, 261(5117) , 78-82.

Chan A. (2010). Personal communication.

Cheryan, M., and N. Rajagopalan. (1998). Membrane processing of oily streams. Wastewater treatment and waste reduction. J. Membr. Sci., 151, 13.

Choi, C. (2007). Cruise Ships Face Tough New Waste Disposal Limits - Industry Says Its Self

Policing Negates Need for Crackdown. New York Times . Retrieved from http://travel.nytimes.com/2007/03/25/travel/25heads.html?pagewanted=print

.

Cohen, A.N. (1998). Ships' Ballast Water and the Introduction of Exotic Organisms into the San Francisco Estuary: Current Status of the Problem and Options for Management. A report for the Collaboration Among State and Federal Agencies to Improve California’s Water Supply (CALFED) and the California Urban Water Agencies. San Francisco Estuary

In stitute, Richmond, CA.

Cohen, A. & J. Carlton. (1998). Accelerating Invasion Rate in a Highly Invaded Estuary.

Science . 279, 555-558.Cohen, A.N., Carlton, J.T., and Fountain, M.C. (1995). Introduction, dispersal and potential impacts of the green crab Ca rcinus maenas in San Francisco Bay, California. Marine Biology

, 122 , 225 -237.

Cohen, A. and B. Foster. (2000). The Regulation of Biological Pollution: Preventing Exotic Species Invasions from Ballast Water Discharged into California Coastal Water. 30

Gold en Gate University Law Review 787.

Copeland, C. (2008). CRS Report to Congress: Cruise Ship Pollution: Background, Laws and Regulations, and Key Issues . Retrieved from http://www. earth

news.org/NLE/CRSreports/07Dec/RL32450.pdf

.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

187 Correll, D.L. (1987). Nutrients in the Chesapeake Bay. In S.K. Majumdar, W. Hall Jr. & H.M. Austin (Eds.), Contaminant Problems and Management of Living Chesapeake Bay

Resources (pp. 298-320). Easton, PA: The Pennsylvania Academy of Science.

Couple Systems. (2010). Dry EGCS Process Dry Exhaust Gas Cleaning System. Retrieved from http://www.egcsa.com/pdfs/Couple- Systems

- EGCS

- SMM -Workshop-2010.pdf

.

Cruise Line International Association (CLIA). (2006). Cruise Industry Standard: Cruise Industry Waste Management Practices and Procedures

.

Dames and Moore. (1998). Ballast water management technical memorandum for the Port of

Oakl and. Job No. 02801-028-086, November 6, 1998. Dames and Moore, San Francisco,

CA.

Dames and Moore. (1999). Phase I Final Report Ballast Water Exchange and Treatment . A Report for the California Association of Port Authorities, Pacific Merchant Shipping

David M. et . al (2007). Results from the first ballast water sampling study in the Mediterranean

Sea - the Port of Koper study. Marine Pollution Bulletin 54(1), 53-65.

DeCola, E. (2000). International Oil Spill Statistics: (2000). Oil Spill Intelligence Report (OSIR)

. Arlington, MA: Cutter Information Corporation.

DiGangi, J., Schettler, T., Cobbing, M., & Rossi, M. (2002). Aggregate exposures to phthalate in

humans

.

Dobbs, F., Doblin, M., & Drake, L. (2006). Pathogens in ships' ballast tanks. EOS, Transactions, American Geophysical Union , 87.

Doblin, M., Coyne, K., Rinta-Kanto, J., Wilhelm, S., & Dobbs, F. (2007). Dynamics and shortterm survival of toxic cyanobacteria species in ballast water from NOBOB vessels transiting the Great Lakes

- implications for HAB invasions. Harmful Algae

, 6 , 519-530.

Dobroski, N., Takata, L., Scianni, C., & Falkner, M. (2009). Assessment of the efficacy, availability and environmental impacts of ballast water treatment systems for use in California waters . Produced for the California State Legislature. Retrieved from http://www.slc.ca.gov/Spec_Pub/MFD/Ballast_Water/Documents/2009cslctechreportfina l.pdf . 180 pp.

Dobroski, N., Scianni, C., and Takata, L. (2011). 2011 Update: Ballast Water Treatment Systems for Use in California Waters. Produced for the California State Lands Commission by the Marine Invasive Species Program. Retrieved from http://www.slc.ca.gov/Spec_Pub/MFD/Ballast_Water/Documents/2011TechUpdateFinal _1Sep2011.pdf . 67 pp.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

188 Drake, J., D. Lodge, and M. Lewis.(2005). Theory and preliminary analysis of species invasions from ballast water: controlling discharge volume and location. American Midland

Naturalist 154:459– 470.

Drake, J.M. & Lodge, D.M. (2007). Rate of species introductions in the Great Lakes via ships'

ballast water and sediments. Canadian Journal of Fisheries and Aquatic Sciences

, 64

, 530-538.

Drake, L., Doblin, M., & Dobbs, F. (2007). Potential microbial bioinvasions via ships' ballast water, sediment, and biofilm. Marine Pollution Bulletin

, 55 , 333-341.

Endresen, Ø., Behrens, H.L., Brynestad, S., Andersen, A.B., & Skjong, R. (2004). Challenges in global ballast water management. Marine Pollution Bulletin

, 48 , 615-623.

Entec. (2005). European Commission Directorate General Environment, Service Contract on Ship Emissions: Assignment, Abat ement and Market

- based Instruments, Task 2c

– SO2

Abatement Final Report. Entec UK Limited.

Environmental Law Institute. (2004). Filling the gaps: ten strategies to strengthen invasive species management in Florida

.

ERG. (2004). Analysis of UNDS Bilgewater Data . Memo from Joy Abel, Eastern Research Group, to Ron Jordan, EPA. September 10, 2004.

Etkin, D.S. (2010). Worldwide analysis of in-port vessel operational lubricant discharges and

leaks

. Proc. 33rd Arctic and Marine Oilspill Program Technical Seminar: p. 529-554.

GESAMP. (1993). Impact of oil and related chemicals and wastes on the marine environment (GESAMP Report 50). London, England: International Maritime Organization.

GESAMP. (2007). Estimates of oil entering the marine environment fr om sea

- based activities

. London, England: International Maritime Organization.

Ghidossi, R., Veyret, D., Scotto, J.L., Jalabert, T., & Moulin, P. (2009). Ferry oily wastewater

treatment . Separation and Purification Technology

, 64(3) , p. 296-303.

Gollasc h, S. Lenz, J. Dammer, M. and H.G. Andres. (2000). Survival of tropical ballast water organisms during a cruise from the Indian Ocean to the North Sea. Journal of Plankton

Research 22:923–937.

Gollasch, S. (2011). Final report of the shipboard tests of th e Ecochlor® Ballast Water Treatment System for Type Approval according to Regulation D-2 and the relevant IMO Guideline (G8). Retrieved from http ://www.ecochlor.com/download/Ecochlor_Final_report_shipboard_testing_March_20 11_ECO_v2.pdf

.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

189 Govorushko, S.M. (2007). Effect of Human Activity on Rivers. Proceedings at the International Conference on River Basin Management . Retrieved from http://www2.dsi.gov.tr/english/congress2007/chapter_2/37.pdf

.

Gracki, J.A., Everett, R.A., Hack, H., Landrum, P.F., Long, D.T., Premo, B.J., Raaymakers, S.C., Stapleton, G.A., & Harrison, K.G. (2002). Critical review of a ballast water biocides treatment demonstration project using copper and sodium hypochlorite . Lansing, Michigan: Michigan Environmental Science Board. Retrieved from http://www.michigan.gov/documents/Ballast_Water_Report_43716_7.pdf

.

Gray, D.K., Johengen, T.H., Reid, D.F., & MacIsaac, H.J. (2007). Efficacy of open- ocean ballast water exchange as a means of preventing invertebrate invasions between freshwater

ports. Limnology and Oceanography

, 52 , 2386-2397.

Great Lakes Ballast Water Collaborative (GLBWC). (2010). Report from the Great Lakes Ballast Water Collaborative Meeting: Duluth. July 20-21, 2010. Retrieved from http://www.greatlakes

seaway.com/en/pdf/Ballast_Collaborative_Report_and_WGReports_Duluth(Final).pdf.

Accessed on 8/03/11

Gregg, M., & Hallegraeff, G. (2007). Efficacy of three commercially available ballast water biocides against vegetative microalgae, dinoflagellate cysts and bacteria. Harmful Algae

, 6, 567-584.

Gryta, M., Karakulski, K. & A. W. Morawski. (2001). Purification of oily wastewater by hybrid

UF/MD . Water Research, Vol. 35, Issue 15, October 2001, p. 3665-3669.Habereder, T., D. Moore, & M. Lang. (2008). Chapter 26, Eco Requirements for Lubricant Additives. In: Lubricant Additive Chemistry and Applications, 2 nd Edition. Leslie R. Rudnick, ed. CRC Press. Boca Raton, FL. 790 pp.

Hanlon, J. A., Albert, R. J., & Everett, R. A. (2010). Why EPA and U.S. Coast Guard requested the National Academy of Sciences study assessing numeric limits for living organisms in ballast water. First Meeting of the Committee on Assessing Numeric Limits for Living Organisms in Ballast Water, Washington DC. June 2, 2010.

Haynes, D. & Loong, D. (2002). Antifoulant (butyltin and copper) concentrations in sediments from the Great Barrier Reef World Heritage Area, Australia. Environmental Pollution, 120(2) , 391-396.

Hintzsche, Wolfgang. (2011). Addressing Retrofit and O perational Challenges of BWT Systems. 4th Ballast Water Management Conference 2011. Amsterdam, Netherlands.

Horne, A.J., & Goldman, C.R. (1994). Limnology : 2nd edition . New York: McGraw

- Hill, Inc.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

190 IENICA. (2004). Biolubricants: Market Data Sheet . Interac tive European Network for Industrial Crops and their Applications. Retrieved from http://www.ienica.net/marketdatasheets/biolubricantsmds.pdf .. Accessed Oct. 2010.

International Maritime Organization. (2008). 2008 Revised guidelines for systems for handling oily wastes in machinery spaces of ships incorporating guidance notes for an integrated bilge water treatment system (IBTS). MEPC.1/Circ. 642 . Retrieved from http://www.mardep.gov.hk/en/msnote/pdf/msin0833anx.pdf

.

Johnson, L.E., Ricciardi, A., & Carlton, J.T. (2001). Overland dispersal of aquatic invasive species: a risk assessment of transient recreational b oating. Ecological Applications

, 11

, 1789-1799.

Johnston, E.L., Piola, R.F., and Clark, G.F. (2008). Chapter 7. The Role of Propagule Pressure in Invasion Success. In: Rilov, G. and Crooks, J.A. (eds.) Biological Invasions in Marine Ecosystems: Ecological , Management, and Geographic Perspectives (Ecological Studies). Springer- Verlag, Berlin. pp:133 -151.

Jha M. (2003). Ecological and Toxicological Effects of Suspended and Bedded Sediments on Aquatic Habitats

- A Concise Review for Developing Water Quality Criteria for Suspended and Bedded Sediments (SABS). US EPA, Office of Water draft report, August 2003.

Johengen TH, Reid DF, Fahnenstiel GL, MacIsaac HJ, Dobbs F, Doblin M, Ruiz GM & Jenkins PT. (2005). Assessment of transoceanic NOBOB vessels and low- sal inity ballast water as vectors for non-indigenous species introductions to the Great Lakes – Chapter 5. Final Report to Great Lakes Protection Fund. 287 pp.

Karle, I.M. & D. Turner. (2007). Seawater scrubbing - reduction of SOx emissions from ship

exhaust s. The Alliance For Global Sustainability. Gothenburg, 2007.

Kasyan, V. (2010). Holoplankton of ship ballast water in the Port of Vladivostok . Russian Journal of Marine Biology. 36(3):167-175.

Katranitsasa, A., Castritsi -Catharios, J., & Persoone, G. (2003). The effects of a copper- based antifouling paint on mortality and enzymatic activity of a non- target marine organism.

Marine Pollution Bulletin

, 46 , 1491-1494.

King. D.M., M. Riggio., and P.T. Hagan. (2010). Preliminary Overview of Global Ballast W ater Treatment Markets. Discussion Paper No. 2, Marine Environmental Resource Center, Ref. No. [UMCES]CBL 10-30. June 10, 2010.

Knight, I.T., Wells, C.S., Wiggins, B., Russell, H., Reynolds, K.A., & Huq, A. (1999). Detection

and enumeration of fecal indic ators and pathogens in the ballast water of transoceanic cargo vessels entering the Great Lakes. General Meeting of the American Society for Microbiology . Chicago, IL: American Society for Microbiology.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

191 Kolar, C.S. and Lodge, D.M. (2001). Progress in invasion biology: predicting invaders. Trends in Ecology and Evolution 16:199-204.

Lamb, T. (Ed.). (2004). Ship design and construction: 3rd edition . Jersey City, NJ: Society of Naval Architects and Marine Engineers.

Larson, M., Foreman, M., Levings, C., and Tarbotton, M. (2003). Dispersion of discharged ship ballast water in Vancouver Harbour, Juan De Fuca Strait, and offshore of the Washington

Coast. Journal of Environmental Engineering and Science

, 2 , 163-176

Lawson B. (2010). Personal communication.

Lee II, H., D.A. Reusser, M. Frazier, & G. Ruiz. (2010). Density Matters: Review of Approaches to Setting Organism

- Based Ballast Water Discharge Standards. Report # EPA/600/R

10/031. Office of Research and Development, National Health and Environmental Effect s Research Laboratory – Western Ecology Division, U.S. Environmental Protection Agency, Washington, DC.

Lloyd’s Register. (2010). Ballast water treatment technology: current status . London, England: Lloyd’s Register. February, 2010.

Lloyd’s Register. ( 2011). Ballast water treatment technology: current status . London, England: Lloyd’s Register. June, 2011.

Locke, A., Reid, D.M., van Leeuwen, H.C., Sprules, W.G., & Carlton, J.T. (1993). Ballast water exchange as a means of controlling dispersal of freshwater organisms by ships. Canadian Journal of Fisheries and Aquatic Sciences

, 50 , 2086-2093.

Lockwood, J.L., Cassey, P., & Blackburn, T. (2005). The role of propagule pressure in explaining species invasions. Trends in Ecology and Evolution

, 20 , 223–228.

Lovell, S.J., & Stone, S.F. (2005). The Economic Impacts of Aquatic Invasive Species (Working Paper #05-02). Washington, DC: U.S. Environmental Protection Agency.

Lovell, S.J., & Drake, L.A. (2009) Tiny stowaways: analyzing the economic benefits of a U.S. Environmental Protection Agency permit regulating ballast water discharges. Environmental Management, 43, 546-555.

Lucas, Z., & MacGregor, C. (2006). Characterization and source of oil contamination on the beaches and seabird corpses, Sable Isl and, Nova Scotia, 1996-2005. Marine Pollution

Bulletin

, 52 , 778-789.

Mattsson T. (2010). Personal communication.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

192 McCollin, T., Shanks, A., & Dunn, J. (2007). The efficiency of regional ballast water exchange: Changes in phytoplankton abundance and divers ity. Harmful Algae

, 6 , 531-546.

Medich C. (2010). Personal communication.

MEPC. (2008). Guidelines for approval of ballast water management systems (G8); RESOLUTION MEPC.174(58), 10 October, 2008; London, UK.

Miller, A. W., M. Frazier, G. E. Smith, E. S. Perry, G. M. Ruiz, and M. N. Tamburri.(2011). Enumerating sparse organisms in ships' ballast water: why counting to 10 is not so easy. Environmental Science and Technology (in press). Retrieved from http://pubs.acs.org/doi/abs/10.1021/es102790d

Minton, M.S., Verling, E., Miller, A.W., and Ruiz, G.M. (2005). Reducing propagule supply and coastal invasions via ships: effects of emerging strategies. Front Ecol. Environ , 3(6), 304-

308.

Mississippi River/Gulf of Mexico Watershed Nutrient Task Force. (2008). Gulf hypoxia action plan 2008 for reducing, mitigating, and controlling hypoxia in the northern Gulf of Mexico and improving water quality in the Mississippi River Basin. Washington D.C.

Mouawad, J. (2011). Ballast- free VLCC vs. ordinary VLCC with a ballast water treatment system. Ballast Water Treatment Technology Conference. London, England. July, 2011.

Murphy, K.R., Ritz, D., and Hewitt, C.L. (2002). Heterogeneous zooplankton distribution in a ship's ballast tanks. Journal of Plankton Research, 24(7), 729-734.

National Academy of Sciences National Research Council NAS. (1993). Managing Wastewater

in Coastal Urban Areas . United States of America: National Academy of Sciences.

Na tional Academy of Sciences National Research Council (NAS). (1996). Stemming the Tide: Controlling Introductions of Nonindigenous Species by Ships' Ballast Water. Committee on Ships' Ballast Operations, Marine Board, Commission on Engineering and Technical Systems, NRC. National Academy Press, Washington, D.C.

National Academy of Sciences National Research Council (NAS). (2000). Clean Coastal Waters: Understanding and Reducing the Effects of Nutrient Pollution . United States of America: National Academy of Sciences. Negri , A.P., & Heyward, A.J. (2001). Inhibition of coral fertilization and larval metamorphosis by tributyltin and copper.

Marine Environmental Research

, 51 , 17-27.

National Academy of Sciences National Research Council (NAS). (2011). Assessing the Relationship Between Propagule Pressure and Invasion Risk in Ballast Water. Committee on Assessing Numeric Limits for Living Organisms in Ballast Water,

National Research Council. National Academies Press.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

193 Negri, A.P., Hales, L.T., Battershill, C., Wolff, C., & Webster, N.S. (2004). TBT contamination

identified in Antarctic marine sediments. Marine Pollution Bulletin

, 48 , 1142-1144.

Newcombe CP & Jensen JOT. (1996). Channel suspended sediment and fisheries: a synthesis for quantitative assessment of risk and impact. National American Journal of Fisheries Management 16, 693-727.

Nielsen T. (2010). Personal communication.

Oemke, D. (1999). The Treatment of Ships' Ballast Water . EcoPorts Monograph Series No. 18, Ports Corporation of Queensland, Brisbane, Australia, 102 pp.

Orange County Coastkeeper. (2007). Lower Newport Bay copper/metals marina study

.

Parson, M.G. and Kotinis, M. (2008). Further Development and Optimization of the Ballast- Free Ship Design Concept. Retrieved from http://www.glmri.org/downloads/parsons08.pdf

.

Pavlakis, P., Tarchi, D. & Sieber, A.J. (2001). On the Monitoring of Illicit Vessel Discharges, A Reconnaissance Study in the Mediterranean Sea, EC DG Joint Research Center, Institute for the Protection and Security of the Citizen Humanitarian Security Unit.

Penny, R. & M. Suominen-Yeh. (2006). Biolog ical Bilge Water Treatment System . Naval Engineers Journal, Vol. 118, Issue 3, p. 45-50.

Phelps, H.L. (1994). The Asiatic clam (Corbicula fluminea) invasion and system- level ecological change in the Potomac. Estuaries

, 17 , 614-621.

Pollutech. (1992). A R eview and Evaluation of Ballast Water Management and Treatment Options to Reduce the Potential for the Introduction of Non- native Species to the Great Lakes. Pollutech Environmental, Ltd., Sarnia, Ontario, prepared for the Canadian Coast Guard, Ship Safety Branch, Ottawa, Canada.

Quilez -Badia, G., McCollin, T., Josefsen, K.D., Vourdachas, A., Gill, M.E., Mesbahi, E., & Frid, C.L.J. (2008). On board short- time high temperature heat treatment of ballast water: A field trial under operational conditions. Mari ne Pollution Bulletin

, 56 , 127-135.

Raikow, D.F., Reid, D.F., Blatchley, E.R.I., Jacobs, G., & Landrum, P.F. (2007). Effects of proposed physical ballast tank treatments on aquatic invertebrate resting eggs. Environmental Toxicology and Chemistry

, 26 , 717-725.

Reynolds, K., Knight, I., Wells, C., Pepper, I., & Gerba, C. (1999). Detection of human pathogenic protozoa and viruses in ballast water using conventional and molecular

methods. General Meeting of the American Society for Microbiology. Chicago, IL

.

Ricciardi, A. (2006). Patterns of invasion in the Laurentian Great Lakes in relation to changes in vector activity. Diversity and Distributions, 12, 425 -433.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

194 Rigby, G. and A.H. Taylor. (2001a). Ballast Water Treatment to Minimize the Risks of Introducing Nonindigenous Marine Organisms into Australian Ports. Ballast Water Research Series Report No. 13, Australian Government Department of Agriculture, Fisheries, and Forestry, Canberra, Australia, 93 pp.

Rigby, G. and A. Taylor. (2001b). Ballast water management and treatment options. Transactions of the Institute of Marine Engineers 113: 79-99.

Roman, J. (2006). Diluting the founder effect: cryptic invasions expand a marine invader's range. Proceedings of the Royal Society of London, Series B: Biologic al Sciences

, 273 , 2453-

2459.

Ruiz, G.M. and Carton, J.T. (2003). Chapter 18: Invasion Vectors: A Conceptual Framework for Management. In: Ruiz, G.M. and J.T. Carlton (eds.) Invasive Species: Vectors and Management Strategies. Island Press, Washington, DC. pp. 459-504.

Ruiz, G.M., & Reid, D.F. (Ed.). (2007). Current state of understanding about the effectiveness of ballast water exchange (BWE) in reducing aquatic Nonindigenous species (ANS) introductions to the Great Lakes Basin and Chesapeake Bay, USA: synthesis and analysis of existing information ( NOAA Technical Memorandum GLERL -142). Ann Arbor, MI:

NOAA.

Ruiz, G.M., Fofonoff, P.W., Carlton, J.T., Wonham, M.J., & Hines, A.H. (2000a). Invasion of coastal marine communities in North America: Apparent patterns, processes, and biases. Annual Review of Ecology and Systematics

, 31 , 481-531.

Ruiz, G.M., Rawlings, T.K., Dobbs, F.C., Drake, L.A., Mullady, T., Huq, A., & Colwell, R.R. (2000b). Global spread of microorganisms by ships . Nature, 408 , 49-50

.

Ruiz, J.M., Bryan, G.W., & Gibbs, P.E. (1995). Effects of tributyltin (TBT) exposure on the veliger larvae development of the bivalve Scrobicularia plana (da Costa). Journal of Experimental Marine Biology and Ecology

, 186 , 53-63.

Rützler, K., & Sterrer, W. (1970). Oil pollution: Damage observed in tropic al communities along

the Atlantic seaboard of Panama. BioScience

, 20 , 222 -224.

Sakai, A.K., Allendorf, F.W., Holt, J.S., Lodge, D.M., Molofsky, J., With, K.A., Baughman, S., Cabin, R.J., Cohen, J.E., Ellstrand , N.C., McCauley, D.E., O’Neil, P., Parker, I.M., Thompson, J.N., & Weller, S.G. (2001). The Population Biology of Invasive Species. Annual Review of Ecology and Systematics

, 32 , 305-332.

Schiff, K., Diehl, D., & Valkirs, A. (2004). Copper emissions from antifouling paint on

recreational vessels. Marine Pollution Bulletin

, 48 , 371-377.

Science Advisory Board (SAB). (2006). SAB Review of EPA’s Draft Risk Assessment of Potential Human Health Effects Associated with PFOA and Its Salts. Washington, DC.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

195 May). R etrieved from http://yosemite.epa.gov/sab/sabproduct.nsf/A3C83648E77252828525717F004B9099/$Fi le/sab_06_006.pdf

.

Sekizawa, J., S. Dobson & R. Touch III. (2003). Diethyl Phthalate. World Health Organization,

Concise International Chemical Assessment Document 52.

Shaw, D.G., Hogan, T.E., & McIntosh, D.J. (1985). Hydrocarbons in the sediments of Port Valdez, Alaska: Consequences of five years' permitted discharge. Estuarine, Coastal and Shelf Science

, 21 , 131-144.

Simberloff, D. (1989). Which Insect Introductions Succeed and Which Fail? In: Drake, J.A., Mooney, H.A., di Castri, F., Groves, R.H., Kruger, F.J., Rejmanek, M., and Williamson, M. (eds.) Biological Invasions: a Global Perspective. John Wiley and Sons, New York

, NY. pp. 61-75.

Smayda, T.J. (2007). Reflections on the ballast water dispersal

-- harmful algal bloom paradigm.

Ballast Water

, 6 , 601-622.

SP Technical Research Institute of Sweden. (2010). Lubricating greaees which meet environmental requirements according to Swedish Standard SS 155470. Retrieved from http://www.sp.se/en/index/services/Lubricanting%20grease/Sidor/default.aspx

.

Srinivasan, M., & Swain, G.W. (2007). Managing the use of copper-based antifouling paints. Environmental Management

, 39 , 423-441.

Stewart, J. and Everett, R. (2011). The effort to synchronize laboratories and methods o f detection in order to provide an effective framework for the US to use in assessing technologies and enforcement issues. Ballast Water Treatment Technology Conference. London, England. July, 2011.

Suchanek, T.H. (1993). Oil impacts on marine invertebrate populations and communities. American Zoologist

, 33 , 510-533.

Sun, C., Leiknesa, T., Weitzenböck, J. and Thorstensen, B. (2009). The effect of bilge water on a

Biofilm -MBR process in an integrated shipboard wastewater treatment system.

Desalination

, 236 (1

- 3) , 56-64.

Sytsma, M., J. Cordell, J. Chapman, & R. Draheim. (2004). Lower Columbia River Aquatic Nonindigenous Species Survey 2001-2004: Final Technical Report . Prepared for the U.S. Coast Guard and U.S. Fish and Wildlife Service. (October). Retrieved from http://www.clr.pdx.edu/docs/LCRANSFinalReport.pdf.

Tamburri, M.N., Wasson, K., & Matsuda, M. (2002). Ballast water deoxygenation can prevent aquatic introductions while reducing ship corrosion. Invasion Biology

, 103 , 331-341.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

196 ten Hallers, C., Leppakoski, E., Sassi, J., Granitto, M., Mackey T., & Bjorkendahl, M. (2009). Environmental acceptability evaluation of the Hyde GUARDIAN ballast water treatment system as part of the Type Approval process, version 3.

Tomaszewska, M., Orecki, A., & Karakulski, K. (2005). Treatment of bilge water using a

combination of ultrafiltration and reverse osmosis. Desalinization , 185, 203-212.

Transport Canada. (2008). Standard for 5 ppm Bilge Alarms for Canadian Inland Waters (TP 12301 E ). Retrieved from http://www.tc.g c.ca/eng/marinesafety/tp -tp12301- menu

1494.htm

Transport Canada. (2011). Approved Pollution Prevention Equipment - CBA (Canadian Bilge Alarm 5ppm). Retrieved from http://wwwapps2.tc.gc.ca/saf- sec -sur/4/apciicpa/en/APCI_SelectApprovedPollutionPreventionEquipment.asp?cat=APPE

Trocine, R.P., & Trefry, J.H. (1996). Metal concentrations in sediment, water and clams from the Indian River Lagoon, Florida. Marine Pollution Bulletin

, 32 , 754-759.

USCG. (2008). Final evaluation assessment review of the application by Atlantic Container

Lines for ac ceptance of the vessel M/V Atlantic Compass and the EcochlorTM Inc. Technology into the USCG Shipboard Technology Evaluation (STEP) Program.

USCG. (2009). U.S. Coast Guard Draft Programmatic Environmental Impact Statement for Standards for Living Organisms in Ship’s Ballast Water Discharged in U.S. Waters

.Washington, DC. (August). Retrieved from www.regulations.gov (Docket ID: USCG2001-10486-0139.1.

US EPA. (1999). Phase I Uniform National Discharge Standards for vessels of the armed forces: technical development document (Rep. No. EPA 821-R-99-001). Washington DC: U.S. Environmental Protection Agency.

US EPA. (2001a). Aquatic nuisance species in ballast water discharges: issues and opinions (Draft Report for Public Comment). Washington DC: U.S. Environmental Protection Agency.

US EPA. (2001b). National management measures guidance to control nonpoint source pollution from marinas and recreational boating (Rep. No. EPA 841-B-01-005). Washington D.C.: U.S. Environmental Protection Agency.

US EPA. (2003). Biological Evaluation for the Issuance of Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal

Tribu taries . United States Environmental Protection Agency, Region III, Chesapeake Bay Program Office. Retrieved from http://www.chesapeakebay.net/content/publications/cbp_28935.pdf.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

197 US EPA. (2007). Framework for Metals Risk Assessment. Retrieved from http://w ww.epa.gov/osa/metalsframework/.

US EPA. (2005). National Coastal Condition Report II (EPA -620-R-03-002). Washington D.C.: U.S. Environmental Protection Agency.

US EPA. (2008). Cruise ship discharge assessment report (EPA -842-R-07-005). Washington D.C.: U.S. Environmental Protection Agency.

US EPA. (2009). Regulatory Impact Analysis: Control of Emissions of Air Pollution from Category 3 Marine Diesel Engines

. Assessment and Standards Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency. December, 2009.

EPA -420-R-09-019.

US EPA. (2010a). Report to Congress: Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non Recreational Vessels less than 79 feet (EPA

833-R-10-005). Washington, DC: U.S. Environmental Protection Agency.

US EPA. (2010b). Designation of North American Emission Control Area to Reduce Emissions from Ships: Regulatory Announcement. EPA -420-F-10-015, March 2010. Retrieved from http://www.epa.gov/oms/regs/nonroad/marine/ci/420f10015.htm.

US EPA. (2011). Economic and Benefits Analysis of the 2013 Vessel General Permit (VGP)

. Washington, DC: U.S. Environmental Protection Agency.

US EPA Science Advisory Board (US EPA SAB). (2011) . Efficacy of Ballast Water Treatment Systems . Report published by the U.S. Environmental Protection Agency Science Advisory Board. Ecological Processes and Effects Committee.

USGS. (1999). The Quality of our Nation’s Waters: Nutrients and Pesticides . USGS Circular 1225. Retrieved from http://pubs.usgs.gov/circ/circ1225/.

US Navy & US EPA. (2003a). Characterization Analysis Report. Surface Bilgewater/ Oil Water Separator (OWS) . U.S. Environmental Protection Agency, Office of Water, Washington, D.C., and U.S. Navy, Naval Sea Systems Command, Washington, D.C.

US Navy & US EPA. (2003b). Discharge Analysis Report. Surface Vessel Bilgewater. U.S. Environmental Protection Agency, Office of Water, Washington, D.C., and U.S. Navy, Naval Sea Systems Command, Washington, D.C.

Van der Putten, W.H. (2002). How to be Invasive

. Nature

, 417 , 32-33.

Veldhuis, M.J.W. & Fuhr, F., (2008). Final report of the land- based and ship- based testing of the

SEDNA®

- Sy stem (April - July 2007). Royal Netherlands Institute for Sea Research.Proposed 2013 Vessel General Permit (VGP) Fact Sheet

198 Veldhuis, M.J.W., Fuhr, F., & Stehouwer, P. (2009a). Final report of the land- based testing of the Ecochlor®-system, for Type Approval according to regulation-D2 and the relevant IMO guideline (April – July 2008). Royal Netherlands Institute for Sea Research.

Veldhuis, M.J.W., Fuhr, F., & Stehouwer, P., (2009b). Final report of the land-based testing of the Hyde -GuardianTM -System, for Type Approval according to the Regulation D-2 and the relevant IMO Guideline (April - July 2008). Royal Netherlands Institute for Sea

Research.

Verling et. al. (2005). Supplyside invasion ecology: characterizing propagule pressure in coastal ecosystems. Proceeding of the Royal Society of London B, 272, 1249-1256.

Wiese, F.K., & Ryan, P.C. (2003). The extent of chronic marine oil pollution in sout heastern Newfoundland waters assessed through beached bird surveys 1984-1999. Marine

Pollution Bulletin

, 46 , 1090-1101.

Wisconsin Department of Natural Resources (WDNR). (2010). Wisconsin Ballast Water Treatment Feasibility Determination. Prepared by Wisc onsin Department of Natural

Resources. Retrieved from http://www.greatlakes

seaway.com/en/pdf/WI_DNR_2010_BW_Feasibility_Report_12-21-10.pdf

. Accessed on

9/6/2011

Woods Hole Oceanographic Institute (WHOI). (2007). Harmful Algae: What are Harmful Algal Blooms (HABS) . Retrieved from http://www.whoi.edu/redtide/.

Wright, D.A. (2009). Shipboard Trials of Hyde "Guardian" System in Caribbean Sea and Western Pacific Ocean, April 5th - October 7th, 2008. University of Maryland Center for Environmental Science, Chesapeake Biological Laboratory.

Wright S. (2010). Personal communication.

Wurts, W.A., & Durborrow, R.M. (1992). Interactions of pH, Carbon Dioxide, Alkalinity and

Hardness in Fish Ponds (Southern Regional Aquaculture Center Publication No. 464).

Victoria Environmental and Natural Resources Committee (ENRC). (1997). Report on Ballast Water and Hull Fouling in Victoria . Parliament of Victoria, ENRC, Victorian Government Printer, Melbourne, Australia.

Zo, Y., Grimm, C., Matte, M., Matte, G., Knight, I.T., Huq, A., & Colwell, R.R. (1999). Detection and enumeration of pathogenic bacteria in ballast Water of Transoceanic Vessels Entering the Great Lakes and Resistance to Common Antibiotics. General Meeting of the American Society for Microbiology . Chicago, IL: American Society of Microbiology.