Ryan Albert

US Environmental Protection Age

1/11/2012
 Opening Remarks

 Background of NPDES permitting of 

discharges incidental to the normal opof vessels operating in a capacity of of vessels operating in a capacity of

transportation (DINOVs)

 Overview of the Draft 2013 VGP Overview of the Draft 2013 VGP Overview of the Draft 2013 sVGP Public comments Public comments
 “Di h f ll t t” ll 

sc

harge o

f a poll

u

tant” generally pro

without a permit [CWA section 301(a)]

 National Pollutant Discharge Eliminatio

S

y( ) [ 

stem 

(NPDES

) Permits 

[CWA section 4

◦ Individual permits◦ General permits

◦ P i d5 ermit term not to excee

d

5 years

◦ For EPA-issued permits, State 401 certificat

CZMA concurrences re

quired
 Effluent limits 

[CW

section 301(b)]

◦ Technology-based [CW

section 304(b)] (TBEL) section 304(b)] (TBEL)

 Generally, Best Availabl

Technology (BAT) estabon a Best Professional 

Judgment (BPJ) basis

◦ Water quality-based [C

section 301(b)(1)(c)] (W

 G ll li i i Generally, li

mit as strin

necessary to comply wiapplicable water quality standards 
 Factors EPA uses to establish Best Avai

Technology (BAT) include:

◦ cost of achieving BAT effluent reductions, ◦ th f i d f ili i i l d he age of equipment and facilities involved

◦ the process employed, ◦ potential process changes, and potential process changes, and

◦ non-water quality environmental impacts, i

energy requirements
 Exclusions from NPDES requirements Exclusions from NPDES requirements 

include:

◦ Vessels operating Vessels operating as a means of transportat

as a means of transportat

beyond 3 mile limit [CWA Section 502(12)(B)

◦ Sewage from vessels or discharges incident

normal operation of vessels of the Armed Fonormal operation of vessels of the Armed Fo

within the meaning of Section 312 [CWA Sec502(6)(A)]
 September September 18 2006 a U S District Co

18, 2006, 

a

U.S District Co

issued an order revoking regulation (4C.F.R. 122.3(a)) effective in 2008

◦ Incidental discharges from vessels required 

permits as of Dec. 19, 2008

 Summer 2008: Con

g p ress 

passes two b

◦ P.L. 110-288 exempts recreational vessels 

NPDES permitting and develops regulatory regime under Section 312 of the Clean Wat

◦ P.L. 110-299 creates a temporary moratori

for vessels less than 79 feet and commerciafishing vessels regardless of size (except b

water dh ) isc

harges

)

 December 18, 2008: EPA finalizes first 

Vessel General Permit 

(2008 VGP

)

( )
 2009

-2011: EPA develops technica

EPA develops technica

information for next VGP

 December 15, 2010: EPA hosts liste

sessi ll ddi i l i f 

ion to collect addi

tional in

form

for next VGP. EPA opens a docket tcollect information

 November 30, 2011: EPA proposes 2013 VGP and Small Vessel General 

Permit (sVGP) Permit (sVGP)

 February 21, 2012: Close of public comment period

 By November 30 2012: Finalize 20

By November 30, 2012: Finalize 20

VGP and sVGP

 December 19, 2013: 2013 VGP and 

sVGP effective date 
 Use the best available science to inform 

d t i ti f i t t h l e

terminations o

f appropria

te 

tec

hnolo

based and water-quality based limitati

 Improve administrative efficiency wher

Improve administrative efficiency wher

feasible

◦ Reduce permittee confusion

 Produce a permit for non Produce

a permit for non

-recreational 

recreational, 

military vessels less than 79 feet in casNPDES moratorium not extended be

yo

December 18, 2013

◦ Effluent limits generally Best Management P

(BMPs)
 Vessel General Permit (VGP): 

non-recreational, non-military 

vessel hf s greater t

han 79 

feet

◦ Military vessels, including Navy and Coast Guard vessels, are not 

covered and not impacted covered and not impacted

◦ Approximately 70,000 existing VGP vessels plus ~2,200 commercial fishing vessels greater than 79 feet than 79 feet

 Small Vessel General Permit 

(sVGP): non-recreational, nonmilitar

y vessels less than 79 feet

◦ Approximately 118,000 to 138,000 vessels eligible for 

coverage
 Ballast Water

 Exhaust Exhaust Gas Scrubber Effluent Gas Scrubber Effluent

 Oil to Sea Interfaces (product substitut

requirement)

 Administrative Changes and Efficiency 

Improvements

◦ Combined Reporting◦ Reducing Redundancy◦ Changes to Inspections Changes to Inspections
 EPA’s Science Advisory Board (SAB) Pane

Charge: evaluate the status of existing 

status of existing 

potential shipboard ballast water treatmtechnologies and their ability to meet d

discharge standards discharge standards (Report finalized Ju

(Report finalized Ju

2011)

 SAB Report Key Conclusions: Internation

Maritime Organization (IMO) standard is Maritime Organization (IMO) standard is achievable from a technology and testin

standpoint

◦ The state of technology does not supp

The state of technology does not supp

TBEL limit more stringent than IMO foshipboard treatment systems

◦ Issue of Detection/Quantification belo

Issue of Detection/Quantification belo
 National Academy of Sciences Nation

Research Research Council (NAS) Charge: Council (NAS) Charge:

◦ The NAS study panel assessed methods t

evaluate the risk of invasive species introductions associated with ballast wat

introductions associated with ballast wat

discharges (report finalized June 2, 2011

 NA

S epo t ey Co c us o s Repo

r

t Key Co

n

clusio

n

s: ◦ Found our ability to adequately quantify 

suffers from a “profound lack of data”

◦ Concluded that the IMO standard is “clea

first step forward” and that it “represents significant reduction in concentrations beballast water exchange”
 Establish numeric limits set at a range equiva

proposed USCG Phase I limit as Technology-

Effluent Effluent Limit (same as International Maritim

Limit (same as International Maritime

Organization (IMO) limits)

◦ Expressed as instantaneous maximum

Large 

Organisms

(> 50μm)

Small 

Organisms

(>10μ and 

Toxigenic

Vibrio 

cholerae Eschericia li Intestinal (> 50μm) t i ( μ ≤50 μm) (O1 & 

O139)

coli enterococci

< 10 per 

m3

< 10 per 

ml

<1 cfu per 

100 ml

<250 cfu per 

100 ml

<100 cfu per 

100 ml

 Found numeric Water Quality-Based Effluent 

(WQBEL) infeasible to calculate

m ml 100 ml 100 ml 100 ml

( Q ) eas b e to ca cu ate
 Vessels for which the 

numeric numeric TBEL does not TBEL does not

apply; hence, limits are BMPs:

◦ Unmanned, unpowered barges◦ Confined Lakers◦ Short distance voyage vessels Short distance voyage vessels◦ Seagoing/Inland vessels with 

less than 8 cubic meters of 

ballast water ballast water

◦ Shipboard Technology 

Evaluation Program (STEP) 

vessels
 Four possible options to meet limits:

◦ Use a treatment device a treatment device

◦ Use onshore treatment◦ Use potable water (from US and Canada only)◦ N di h osc arge

 IMO-equivalent implementation schedule

V l’ esse s B ll t a as V l’ 

Water Capacity Date Constructed Vessel’

Newvessels

After January 1,2012

On delivery

Existing

Less than1500 m3

Before January 1,2012

First schedul

January 1, 20

1500-5000 m3 Before January 1,

2012

First schedulJanuary 1 20

vessels 1, 20

Greater than5000 m3

Before January 1,2012

First schedulJanuary 1, 20
 Monitoring requirements if using a treatmen

◦ Functional

 Goal is to test if the system functioning as designed (e

applying chlorine dose, filtering water)

◦ Biological

 E coli ., enterococci and total heterotrophic bacteria enterococci, and total heterotrophic bacteria

◦ Active substance and residuals (for systems that us

 Numeric limits for systems using chlorine, chlorine dio

ozone and ozone, and peracetic peracetic acid

 Other parameters set at Gold Book values (if such syste

developed)

◦ Reduced fre

qy g 

uenc

y monitorin

g schedule available i

is one for which US government has high quality efficacy/toxicity type approval data from flag admior vendor
 Certain Certain vessels entering vessels entering

the Great Lakes must conduct ballast water 

exchange/saltwater flushing in addition to treatment if they have treatment if they have

taken on ballast from freshwater or brackish 

water ecosystems wi hi t n 

the previous month
 Interim requirements must be met (Part 2

until i li i l numeric limits apply

◦ Requirements fundamentally the same as the 2

 Interim requirements include: Interim requirements include:

◦ Incorporating existing Coast Guard mandatory 

management and exchange requirements

◦ Mandatory saltwater flushing for all vessels with 

Mandatory saltwater flushing for all vessels with 

ballast water and sediment (NOBOBs) coming froutside the USEEZ and 200 nm from shore

◦ Mandatory exchange and flushing for vessels en

Mandatory exchange and flushing for vessels en

Pacific nearshore voyages 

◦ Conducting exchange as early as practicable
 Exhaust gas scrubber effluent is waste water t

been used in cleaning vessel exhaust gases

 Make IMO voluntary guidelines mandatory Make IMO voluntary guidelines mandatory

◦ Guidelines include limits for pH, turbidity, nitrates, 

PAH compound

 Require monitoring Require monitoring

◦ Assure systems capable of meeting limits◦ IMO guidelines do not currently contain total PAH a

limits: ma

y y later find that limits ma

y need to be ad

 Currently applicable to a handful of vessels

◦ EPA trying to establish clear limits to provide certa

s

yp g stem o

perators and assure that dischar

ges are n

uncontrolled
 Oil to Sea interfaces include stern tube

thrusters thrusters hydraulic pitch propellers w

, hydraulic pitch propellers, w

rope lubrication, etc.

 Stern tubes alone have been estimated 

between 4.6 to 28.6 million liters of obetween 4.6 to 28.6 million liters of o

annually into ports worldwide

 Increasing mandate for use of “environmentall

y acce

ptable lubricants

( bl l h y p 

in US waters 

(vegetable oils, synt

hetic e

and polyalkylene glycols)

◦ For existing vessels, owner/operators must 

environmentally acceptable lubricants in all 

environmentally acceptable lubricants in all 

sea interfaces unless technologically infeasi

◦ New build vessels must use EALs in oil to se

interfaces
 Among other things, EPA is seeking co

on potential changes to the bilgewater discharge limits (primarily for new builvessels)

◦ For Existing Oceangoing Vessels:

 Same requirements as the 2008 VGP, with additional 

vessels greater than 400 GT to discharge within 1 nm vessels greater than 400 GT to discharge within 1 nm 

than 5 ppm (whether or not technologically infeasible 

◦ New Vessels

 Discharge within 3 nm if <5 ppm for all new build ve

Discharge within 3 nm if <5 ppm for all new build ve

400 GT, otherwise may pump onshore or discharge onm at a concentration less than 15 ppm

 See Pages 58 See Pages 58-70 of the VGP fact sheet 70 of the VGP fact sheet
 Annual Report 

◦ Eliminate One-Time Re

port and Annual Non- Compliance Report and consolidate into Annua

Report

 EPA found that thousands of permittees were con

by the annual noncompliance report by the annual noncompliance report

◦ Report all analytical monitoring as part of Annu

Report

 Reduce frequency of when they must submit Reduce frequency of when they must submit information to EPA to one time per year

◦ Allow unmanned, unpowered barges meeting certain requirements to submit consolidated an

repor

t

s

 Reduce duplicative reporting

◦ Where immediate notification is reported to the NRC l d t l t t EPA i NRC, no longer nee

d

to also repor

t

to EPA regio
 Eliminate quarterly visu

monitoring

◦ I d i ddi i 

nstea

d, require addi

tiona

analytical monitoring from vessel discharges from ce

vessels (ballast water exvessels (ballast water, ex

scrubber, graywater)

 Allow “Extended Unman

Vessel

” inspections in l

inspections in l

routine vessel inspectiounmanned vessels

◦ Reduced routine visual in

Reduced routine visual in

frequency requested by pwith “fleeted” vessels to rburden
 Reducing NOI processing time from 3

to 7 days (for electronic filers only)

 Developing Developing electronic tools to submit electronic tools to submit all information/data

◦ Requiring e-reporting unless specified exemptions apply

 M ki d b i d h M

aking 

data su

b

mitte

d to t

he agency in electronic form available to the 

public in electronic form

 Clearly allow for and specify electroni

Clearly allow for and specify electroni

recordkeeping requirements

◦ Requested by permittees as a way to redu

burden

 For vessels who need not submit an 

NOI, sign and maintain a copy of the sVGP Permit Authorization and Recorof I i (PARI) f f Inspection (PARI)

form


• Senate Bill S. 3298 (P.L. 110-299) 

◦ Signed on July 29, 2008 P.L. 110-299 placed a mo

on NPDES permitting of non-BW discharges from (

commercial fishing vessels regardless of size; (2) commercial fishing vessels regardless of size; (2) 

non-recreational vessels.

◦ Moratorium extended to December 18, 2013 by P

215.

◦ Among other things, P.L. 110-299 required EPA to 

discharges from commercial fishing vessels and nrecreational vessels less than 79 feet that were su

the NPDES exemption EPA conducted this study a

the NPDES exemption. EPA conducted this study a

delivered the Report to Congress in August 2010.
• EPA was requested to examine 6 elements fo

individual vessels and classes of vessels, inc

◦ Concentration o

f pollutants in discharges

◦ Volume of discharges◦ Location of discharges

◦ I t t th i t d h h lth f 

Impac

t

to the environmen

t an

d

human 

health

from 

discharges

◦ Benefits from reducing the concentration/loading o

pollutants in those discharges to the environment apollutants in those discharges to the environment a

health

◦ Evaluation of existing U.S. laws and regulations app

discharges
• Literature reviews

• Sampling• Screening level m• Data interpretatio• Legal 

 summaries 

interpretation 

/ d / l/ 

www.epa.gov/npdes/vessels/reportcong
 Commercial Fishing Vessels

◦ Groun

df h b ( l d ) fis

hery 

boats 

(trawlers/

draggers

)

◦ Shrimpers◦ Longliners, Trollers, Gillnetters, Purse Seiners, and 

 Tugboats Supply Boats Tow Salvage Boats Tour Boats/Water Taxis Tour Boats/Water Taxis Fireboats Recreational Boats



Rec-lik b e 

boats 

(EPA boats in Gulf Breeze)
• Fish hold/ice slurry

• Cleaning of fish holds • Deck washdown/runoff• Bilgewater• Shaft packing gland discharge• G t raywa

ter composites

• Propulsion engine effluent• Generator engine effluent• Firemain• Source water and ambient samples fr

ever

y area sam

ples are taken (to dete

bk d i ) y p

bac

kgroun

d concentrations

)
 Interpretative Text

 Summary Statistics

◦ More than 22,000 

dt it a a points 

generated by sampling.

 Box Plots Potential Hazard 

Quotients ( Quotients (PHQs)

 Screening Model 

Summary
• Certain pollutants from vessel discharges subjec

moratorium are in elevated concentrations.

• Generally discharges are in low or lower volumes• Unlikely to ‘solely’ cause exceedance of WQS in l

waterbodies. However, cumulative impacts of undischarg yg y es may significantly contribute to exceelimited pollutants (e.g., copper) in large waterbo

• Some pollutants/discharges more likely to cause 

Some pollutants/discharges more likely to cause 

impacts or impacts in small water bodies, particuwater bodies with poor flushing, with other pollu

sources or with many vessels sources, or with many vessels. 
Part 1 - Overview of 

 Eligible for coverage if le

79 feet and have less tha

Permit

Part 2 – Effluent 

Limitations and Rl d cubic meters of ballast w

 Slightly different structu

VGP

R

elate

d

Requirements

Part 3 – Monitoring 

and Recordkeeping VGP

◦ Draft Permit is less than 20 

long

◦ Most important information 

and Recordkeeping

Part 4 – Additional 

Requirements

Part 5

– State Specific Most important information 

◦ Discharge limits in the mid◦ Standard Permit Conditions 

Requirements toward the e

Part

5 State Specific

Requirements

Part 6 – DefinitionsPart 7 – sVGP contacts Requirements toward the e

 Organized by manageme

groups rather than by ditypes

Appendix A– Permit 

Authorization and Record of 

I ti FInspection 

Form
Management Area Highlighted managemen

include:

2.1 General Requirements Oil, including oily mixtures

discharged in quantities thharmful or cause a visible 

2.2 Fuel Management Regularly inspect the fuel a

systems for any damage or repair if found.

2.3 Engine and Oil Control Preference for environment

acceptable lubricants

2.4 Solid and Liquid Waste Management

Prevent monofilament line, nets, lines, lures, rope, bait hooks from entering any w

covered by this permit
Management Area Highlighted managemen

include:

2.5 Deck Washdown and Runoff Minimize the introduction o

debris, garbage, residue andeck washdown and runoff 

2.6 Vessel Hull Maintenance Must use phosphate free, n

soaps

2.7 Graywater Minimize graywater dischar

Minimize graywater dischar

that have heavy vessel traffrecreational use and in marsanctuaries, national wildlif

national wild and scenic riv

national wild and scenic riv

national wilderness areas.

2.8 Fish Hold Effluent Minimize discharge of fish 

ice while in port. If onshor

a ailable a

vailable, m st se it m

ust use it.
Management Area Highlighted managemen

include:

2.9 Ballast Water When feasible, use one of t

measures to reduce the pot

transf i di f 

fer or intro

duction o

f 

to waters of the U.S.: • Use potable water for ball•Utilize onshore treatment 

meth d f b ll h

o

ds 

for 

b

allast water

•For vessels that conduct ficapture and reuse ballast wport.

2.10 Seawater Cooling Overboard Discharge

Minimize thermal impacts treceiving waters by discharseawater coolin

g overboard 

vessel is underway.
 Vessel owner/operator must:

◦ Read and follow the sVGP by implementing 

applicable permit requirements

◦ Sign and maintain a copy of the sVGP Permi

Authorization and Record of Inspection (PAR

 Acknowledgement and Certification statemen Corrective action and annual non-compliance 

◦ Conduct quarterly visual inspections each y

 document on PARI form
 75 d P bli day 

P

ublic comment perid d o

d en

ds 

F b 

e

bruary 

2012

 Submit your VGP comments, identified by Do

No. EPA

-HQ

-OW

-2011

-0141, or

sVGP comm

identified by Docket ID No. EPA-HQ-OW-201by one of the following methods:

◦ www regulations gov www.regulations.gov: Follow the on : Follow the on

-line instructi

line instructi

submitting comments.

◦ Email: ow-docket@epa.gov.

◦ Mail: Ori

g p inal and three co

pies to: Water Docket,

Environmental Protection Agency, Mail Code: 282Pennsylvania Ave., NW, Washington, DC 20460. 

◦ Hand Delivery: EPA Docket Center, Public Reading 

EPA Headquarters West Building Room 3334 130

EPA Headquarters West Building, Room 3334, 130

Constitution Ave., NW, Washington, DC 20460. Sdeliveries are only accepted during the Docket’s nhours of operation, and special arrangements sho

d f d li i f b d i f ti

ma

de 

for 

d

eliveries o

f

boxe

d in

formation. 
 EPA is specifically seeking comment on t

provisions discussed above, in addition tspecific questions posed (see Dec 8 201specific questions posed (see Dec. 8, 201notice for list)

 Permits, fact sheets, and additional infor

are avail bl t ilable at:

www.epa.gov/npdes/vessels

Questions?