From: "Ferguson, Oliver B" <Oliver.Ferguson@bp.com> 

To: Water-Resource Center@EPA, aastanislaus@EPA 

Cc: Ryan Albert/DC/USEPA/US@EPA 

Date: 09/12/2011 09:40 AM 

Subject: Environmentally Responsible Lubricants - Toxicity and Bioaccumulation, US EPA & OSWER 

To: The Office of Solid Waste and Emergency Response (OSWER)

To whom it may concern:

Vessel General Permit For Discharges Incidental to the Normal Operation of Vessels (VGP) -

Authorisation to Discharge Under the National Pollutant Discharge Elimination Scheme

The Vessel General Permit, specifically, clause 2.2.9 on page 24 discusses discharges from through hull 

fittings and hydraulic systems and suggests the use of "environmentally preferable" lubricants using 

certain base oils such as vegetable oils, synthetic esters, or PAGs. 

The definition of an "environmentally preferable lubricant" does not however specify the environmental 

performance criteria that the lubricant and the individual components within its formulation need to meet. 

By comparison, under section 10 for the NPDES general permit for the Gulf of Mexico (GMG290000 - 

Miscellaneous Discharges) fluids are required to be tested at the product level for toxicity to Menidia 

beryllina and Mysidposis bahia. However, when fluids are discharged into the sea, toxicity is only one 

parameter that can be used to measure their environmental impact. Biodegradation (in seawater) and 

bioaccumulation potential should also be measured. 

The base oils specified in the Vessel VGP, clause 2.2.9 on page 24 do not necessarily have good 

environmental performance when their toxicity, marine biodegradation and bioaccumulation potential are 

measured. It is important to note that the measurement of biodegradation and bioaccumulation is only 

valid at the component level. 

Therefore, we believe it would be more appropriate for the EPA to measure and set criteria for toxicity, 

marine biodegradation and bioaccumulation at the component level (each individual component being 

tested in an environmentally responsible lubricant formulation) and also toxicity at the product level to 

account for any synergistic effects in the formulation. We are proposing that this or guidelines around 

toxicity, biodegradation and bioaccumulation should be part of the EPA’s VGP. If products that consist of 

a mixture of substances are only tested at the product level for toxicity then chemicals with high toxicity, 

high bioaccumulation potential and low biodegradation, but low concentration in the formulation can be 

discharged into the sea unregulated. The sheen rule, though important, does not regulate this. 

We believe the EPA should set a stronger definition of "environmentally preferable lubricant" based on 

seawater biodegradation (not fresh water as these tests are generically easier to pass), bioaccumulation 

and marine toxicity. Ideally the definition should be based around OSPAR (Oslo & Paris Convention for 

the Protection of the Marine Environment of the North East Atlantic) criteria (criteria that the majority of 

the world use for assessing the environmental impact of chemicals discharged offshore) as 

suggested below, based on internationally accepted OECD and ISO tests for marine biodegradability, 

toxicity and bioaccumulation. We are suggesting that, in addition to product level toxicity testing on

Menidia beryllina and Mysidposis bahia, each individual component within a formulation should have the 

following characteristics: 

Characteristic Test Result 

Biodegradability OECD 306 “Biodegradability in seawater - closed bottle test” or ISO 
TC/147/SC5/WG4, N141 Marine BODIS test Biodegradation >60 % in 28 days in OECD 306, Marine 

BODIS or any other acceptable marine protocols i.e. “readily biodegradable” or >20 - <60% (“inherently 

biodegradable”) if toxicity LC50>10mg/l and log Pow <3 or BCF<100 or MW>700 

Toxicity Algae:

EN ISO 10253:1998 Water Quality – Marine Algal Growth Inhibition Test or OECD 201 Freshwater Alga 

and Cyanobacteria, Growth Inhibition Test 

Species: Skeletonema costatum or Phaeodactylum tricornutum 

Copepods:

ISO TC 147/SC5/WG2 or ISO 14669:1999(E) Water Quality – Determination of Acute Lethal Toxicity to 

Marine Copepods 

Species: Acartia tonsa or Tisbe battaglia 

1

Sediment Reworker

PARCOM 1995. A sediment Bioassay using an amphipod 

Species: Corophium volutator 

Fish:

2

OECD 203, Fish, Acute Toxicity Test Method or PARCOM method 1995. Protocol for Fish Acute Toxicity 

test 

Species: Scophthalmus maximus (juveniles) or Cyprinodon variegatus (juveniles) Toxicity LC50 > 10mg/l 

or EC50 > 10mg/l 

Bioaccumulation OECD 107, Partition Coefficient (n-octanol/water): Shake Flask Method OR OECD 117, 

Partition Coefficient - HPLC method BCF <100 or log Pow ≤3 or molecular weight >700 1

 Additionally substances which: 

a. are "sinkers"; or 

b. have a Koc >1000 (see 2.5); or 

c. have a log Pow>4; or 

d. are in any other way known to adsorb to particles or end up in the sediment; or 

e. contain surfactants 

a sediment reworker test must be carried out with Corophium spp using 

2

Where there are no existing fish toxicity test data, it is recommended that a limit test is conducted using 

the LC50 or EC50 of the most sensitive test species of the other taxonomic groups tested. If no significant 

mortality occurs in this limit test (when compared with the control), it is unnecessary to undertake a full 

toxicity test and the end point of the fish test should be reported as greater than the concentration tested 

(> limit concentration). 

Sheen Rule

The Clean Water Act defines the "sheen rule" that is then applied in the NPDES regulations. 
Lubricants including gear oils and hydraulic oils can enter the sea both above and below the waterline 

from vessels and offshore operations. The most important environmental properties that need to be 

measured in vessel (and offshore) lubricants are its marine biodegradation potential, its potential for 

bioaccumulation and it’s marine toxicity. 

These properties (not sheen), will define its environmental impact in the marine environment. Whether a 

product sheens or not is a separate physical characteristic and is not directly related to the environmental 

performance of a lubricant in the marine environment. In fact, to enable spills or leaks of these products to 

be easily visually detected and cleaned up, it is preferable for products to sheen. 

However, lubricants that have been developed to comply with the "sheen rule" often have very poor 

marine environmental performance resulting in persistent, bioaccumulative and toxic chemicals entering 

the sea. "Non-sheen" products may even use a technology which is intended to disguise leakage or 

spillage instead of protecting the environment, such as water soluble polyalkylene glycol (PAG) base 

fluids or dispersants in more conventional base oils. These are very hard to detect as they have no visual 

tracers. 

As stated above we believe marine biodegradation, bioaccumulation, and toxicity are the key 

performance elements in producing an environmentally responsible product and that sheen is added 

value to let ship owners and offshore installations know when there is a leak. A visible sheen is much 

easier to see, control and remediate. An environmentally responsible operator would favor detection and 

remediation as the best approach to spills and leaks. 

We understand that the visible sheen statement and criteria is beneficial in detecting major oil spills. 

However, we believe the ethical approach is to use environmentally responsible lubricants that meet 

marine biodegradation, bioaccumulation and toxicity criteria irrespective of whether they leave a sheen. 

IMO’s MEPC discusses bioaccumulation and biotoxicity in section 15.1 of the attached document. 

<<MEPC 60-21-2.ZIP>> 

Would OSWER be open to explore the opportunity to include environmental criteria concerning toxicity, 

bioaccumulation and biodegradation as part of the governing criteria for defining "environmentally 

responsible" lubricants? 

Best regards, 

Oliver Ferguson 

Oliver Ferguson

Technical Manager - Marine Lubricants

BP Marine

501 West Lake Park Boulevard

Houston, Texas 77079 

USA 

Work: 281-366-2466

Mobile: 713-480-9513

Email: fergusob@bp.com

Linked In: Professional Profile

 

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