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 lu bricant" does not however specify the environmental performance criteria that the lubricant and the indivi dual 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 envir onmental 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, ma rine biodegradation and bioaccumulation potential are measured. It is important to note that the measurement of biodegrad ation and bioaccumulation is only valid at the component level.

Therefore, we believe it would be more appropriate for the EPA to measur e and set criteria for toxicity, marine biodegradation and bioaccumulation at the component level (each individual component being tested in an environmentally responsible lubricant formul ation) and also toxicity at the product level to account for any synergistic effects in the formulati on. 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 shee n rule, though important, does not regulate this.

We believe the EPA should set a stronger definition of "environmentally pref erable lubricant" based on seawater biodegradation (not fresh water as these test s are generically easier to pass), bioaccumulation and marine toxicity. Ideally the definition should be based around O SPAR (Oslo & Paris Convention for the Protection of the Marine Environment of the North Ea st Atlantic) criteria (crite ria that the majority of the world use for assessing t he environmental impact of chemicals discharged offshore) as suggested below, based on internationally a ccepted OECD and ISO tests fo r marine biodegradability, toxicity and bioaccumulation. We are suggesting tha t, in addition to product level toxicity testing on Menidia beryllina and Mysidposis bahia, e ach individual component within a formulation should have the following characteristics:

Characteristic Test Result Biodegradability OECD 306 “Biodegradab ility in seawater - closed bottle test” or ISOTC/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 Qualit y – 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 PARCO M method 1995. Protocol for Fish Acute Toxicity test

Species: Scophthalmus maximus (juveniles) or Cypri nodon 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 wi th 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 c an enter the sea both above and below the waterline from vessels and offshore operations. The most im portant environmental properties that need to be measured in vessel (and offshore) lubricants are its marine biodegradation pote ntial, its potential for bioaccumulation and it’s marine toxicity.

These properties (not shee n), will define its environmental impact in the marine environment. Whether a product sheens or not is a separate physical characteri stic 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 per sistent, bioaccumulative and toxic chemicals entering the sea. "Non-sheen" products may even use a techno logy 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 biodegradati on, 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 environment ally responsible operator would favor detection and remediation as the best approach to spills and leaks.

We understand that the visible she en 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 crit eria 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 in clude 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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