Development of US EPA Development Development of US EPA s ’

Vessel General Permit 

Ryan Albert

United States Environmental United States Environmental Environmental

Protection Agency

7/7/2011
Outline

US Ballast Water Regulatory Overview US Ballast Ballast Water Regulatory Regulatory Overview Overview

– Vessel NPDES permitting Program Vessel NPDES permitting Program

Clean Water Act BackgroundEPA’s Vessel General Permit (VGP)

– Brief overview Brief overview - United States Coast Guard United States Coast Guard 

rulemaking

Developing the next VGP

– US government led/sponsored studies and re

US government led/sponsored studies and re

– Partnering with States Partnering with States

Questions
US Regulatory US Regulatory Applicab

Applicab

In the United States ballast water In the United States, ballast ballast water

discharges from vessels are primari

regulated by two federal regimes: regulated regulated by two federal federal regimes: regimes:

– Under the Clean Water Act, implement

Under the Clean Water Act, implement

under the Vessel General Permit (VGPunder the Vessel General General Permit (VGP

the EPA

– Under the National Invasive Species A

Under the National National Invasive Invasive Species Species A

implemented under regulations promuby the Coast Guard
CLEAN WATER ACT (CW

PERMIT BASICS PERMIT BASICS

For more info visit http://cfpub.epa.gov/npdes/

“Discharge of a pollutant” generally prohibiwithout a permit [CWA without a permit [CWA 301(a)] 301(a)]National Pollutant Discharge Elimination S(NPDES) Permits [CWA (NPDES) (NPDES) Permits Permits [CWA 402]

– Individual permits Individual permits– General 

permits

– Permit term not to exceed 5 years Permit term not to exceed 5 years– For EPA For EPA-issued permits, State 401 certification 

issued permits, State 401 certification 

CZMA i dCZMA concurrences require

d
CLEAN WATER ACT (CW

PERMIT BASICS ( t 

PERMIT BASICS

(con

t

Effluent limits [CWA Effluent limits [CWA 301(b)] 301(b)]

– Technology Technology

-based [CWA based [CWA 304(b)] 304(b)]

BAT/BPT (can be Best Management PracticeBAT/BPT (can be Best Management PracticeBPJ 

– Water quality Water quality-based [CWA based [CWA 303]
2003 Lawsuit

Northwest Environmental Adv

For 35 years, regulations excluded from NPDES permitting “discharges incidento the normal operation of a vessel” whoperating as a means of transportation (40 CFR 122.3(a))2006 Court decision vacated this regulationAs a result, EPA issued the VesselAs a result, result, EPA issued the Vessel

General Permit (VGP) in December 20
The 2008 Vessel General P

The 2008 Vessel General General P

The current VGP expires on December 19, The current current VGP expires expires on December December 19,

2013 

– The current VGP covers The current VGP covers 

All discharges incidental to normal operation of non-recreational vessels 79 feet or longer, recreational vessels 79 feet or longer, except commercial fishing vessels except commercial commercial fishing fishing vessels vesselsFor ballast water discharges, permit covers all non-recreational vessels recreational vessels (including commercial fishin

g vessels and 

vessels less than 79 feet)
Vessel Universe

From a Clean Water Act regulatory perspective, there are four distinct classes of vessels

Class Coverage 

VGP Vessels - includes vessels >79 feet and all ballast water discharges VGP 

and all ballast water dischargesMoratorium Vessels - Non military, nonrecreational vessels less than 79 feet and commercial fishing vessels regardless of

Currently exempt except for ballast water 

commercial fishing vessels regardless of 

size discharges 

Recreational Vessels Clean Boating Act (CWA 312) Vessels of the Armed Forces

Uniform National Discharge Standards (CWA 312)
US Coast Guard rulemak

USCG regulates ballast water under USCG regulates regulates ballast ballast water under 

National Invasive Species Act (1996

USCG Proposed ballast water rule wUSCG Proposed Proposed ballast ballast water rule w

numeric concentration based standa

August 2009 August 2009For additional information on USCG rulemaking please see: rulemaking rulemaking, please see:

http://www.uscg.mil/hq/cg5/cg522/cg

bwm asp bwm.asp
Comparison Between Phase On

and Phase Two Dischar

ge 

Standards

Bacteria

Technical 

description

Large 

Organisms

(> 50

μm)

Small 

Organisms

(>10

μ and 

≤50 

μm)

Very Small 

Organisms

(≤ 10

μm)

Toxigenic 

Vibrio 

cholerae (O1 

& O139)

Eschericia 

coli

Phase One < 10 per m3 < 10 per ml N/A <1 cfu per 

100 ml

<250 cfu per 

100 ml

Ph T ase 

Two < 1 100 <

1 per 100 < 1 100 < 1000 <1 f <126 f 

m3

<

1 per 100

ml

< 1000

bacterial 

cells AND < 

10,000 

viruses per 

<1 c

fu per 

100 ml

<126 c

fu per 

100 ml

100 ml

Slide courtesy of US Coast Guard
Regulatory Overlap of Ballast Water 

Discharges for NPDES program and NISA

EP

V

USCG

NISA

s with 

st Wise 

onal Vessels

allast Tanks Most non- recreational, non- military vessels

rs in the Coas

Recreatio

Bamilitary vessels

Oil Tanker

Note: Discharges 

from Recreational 

Vessels are regulated 

DOD and Coast 

Guard Vessels

by Section 312 of 

the CWA
Developing the Next VG

Developing Developing the Next VG
Three Primary Goals of V

reissuance

Improve environmental protection in ke

y areas

Clarifying edits for lower priority discharge types priority priority discharge discharge types

and requirements

Improve efficiency Improve efficiency
N e w v e s s e l in fo r m a tio n s in c e 

New vessel information since 

New vessel information information since 

EPA Vessels Report to Congress (2010)S i Ad i B d Shi b d T h l S

cience Ad

visory 

Boar

d Shi

p

boar

d

Tec

hnology

Ballast Water Study (2011)

National Academy of Science Risk Assessment (2011) Assessment (2011)VGP NOI Analysis (In Progress)EPA One EPA One-time report information time report information (available 2012) (available 2012)Other technical research on certain discharges, e.g., graywater, bilgewaterInformation received from Listenin

g Session 

and 60+ day public comment period

– Listening session held December 15, 2010 Listening session held December 15, 2010– Written comments received from over 4,500 commenters, 

Written comments received from over 4,500 commenters, 

~250 i t 250 unique commen que commen

t

s
Developing VGP Ballast Water Li

EPA’ S i Ad i B 

EPA’s 

S

cience Ad

visory 

Boar

EPA s ’ Science Advisory Panel (SAB) on 

Science Science Advisory Advisory Panel (SAB) on 

Water Treatment System Technological Availabilit

y

– SAB’s charge was to evaluate the status of e

SAB’s charge was to evaluate the status of eand potential shipboard ballast water treatmet h l i d th i bilit t t diff tec

hnologies an

d th

eir ability 

to mee

t differen

discharge standards 

– SAB draft re SAB draft re

p gy ort stated existin ort stated existin

g s

ystems are 

stems are 

to meet IMO discharge standard, but unlikely 100 or 1000 times IMOR t t d t b fi li d l J l

–

Repor

t expec

t

e

d

to 

be finalize

d early 

J

uly
Developing VGP Ballast Water Li

N ti l A d f S i N

ational Aca

demy o

f

S

cience

N i lA d fS i N i lR National Aca

demy o

f

S

cience 

National R

Council (NAS) Study on Methods for EvaRisk

– The NAS study assessed methods to evaluat

The NAS study assessed methods to evaluatrisk of invasive species introductions associaballast water dischar

ges

– Released June 2, 2011 Released June 2, 2011– Found that our ability to adequately quantify 

Found that our ability to adequately quantify suffers from a 

profound lack of data

– Available via EPA’s website at: Available via EPA’s website at: 

http://cfpub.epa.gov/npdes/vessels/programdevelopm
EPA Ballast Water Obliga

EPA Ballast Ballast Water Obliga

Obliga

Propose numeric concentration basePropose Propose numeric numeric concentration concentration base

TBELs and/or WQBELs

– If no numerics numerics for WQBELS or TBELs 

for WQBELS or TBELs, 

include detailed analysis in the adminisrecord

Take comment on “California Standa“Commence consultation Commence Commence consultation consultation

” on ESA

Include self monitoring of discharges
Potential Data Concern

Potential Data Concern

Some vendors/laboratory facilities noreleasing data publicallyNon-standard standard methods amon methods amon

g test 

facilitiesLack of available facility validation Lack of available available facility facility validation validation

documentation

Lack of available QA/QC documenta

of available available QA/QC documenta

documenta

for tests

I d d ft t d dIn

depen

dence o

f

tes

ters an

d ven

dor
Partnering with the Stat

Partnering Partnering with the Stat

Several States have added conditionSeveral Several States have added condition

condition

the VGP

For example ballast water limits ranFor example example, ballast ballast water limits ran

from IMO (Minnesota) to 1000 times 

(New York) to prescribing certain (New York) to prescribing prescribing certain certain

treatment approaches (Michigan)

R i li i t h d Regional inconsis

tency 

has cause as cause

d

confusion in the industry
State Level Communica

State Level Communica

In order to assist in regional/nationaIn order to assist in regional/nationa

regional/nationa

consistency of standards, EPA plans 

– build tools to facilitate communication build tools to facilitate facilitate communication communication

between states 

– sponsor sponsor regional calls and/or a nationa

sponsor regional regional calls and/or

a nationa

nationa

regulator meeting to allow communicatbetween states

– provide information about the current s

provide information about the current sballast water science
VGP Schedule VGP Schedule

November 2011: November 2011:

Propose VGP

November 2012: November 2012:

Finalize VGP

December 2013: VGP December December 2013: VGP

comes into effect

– Extra year planned to Extra year planned to 

give industry an opportunity to adapt to the new permit the new permit.
Thank you

Ryan Albert Ryan Albert

www.epa.gov www.epa.gov/d/ l np es/vessels

(202) 564 (202) 564-0763

commercialvesselpermit@epa.gov

or

vgp@epa.gov