This presentation is for information purposes only, please contact USEPA with any questions you may have.

The USEPA Vessel General Permit:History, Overview, and Implementation

This presentation is for information purposes only, please contact USEPA with any questions you may have

Outline

• Brief Overview of the VGP• Current Actions and

Requirements• Next Steps

Most of the information presented has been summarized. Please always refer to the VGP directly when ascertaining applicable requirements and/or contact the EPA with any questions you may have.

History of the VGP

• Since the beginning of the National Pollutant Discharge Elimination System (NPDES) in the late 1970s, there was a regulatory exemption for “discharges incidental to the normal operation of a vessel.”

• Due to court decision, this exemption was vacated as of February 6, 2009 for most large non-recreational vessels.

• As a result, most vessels must have an NPDES permit to discharge legally after that date.

VGP History Continued

• Recap: Due to court decision, most vessels require an NPDES permit to discharge legally.

• NPDES permits can be: • Individual Permits – a permit is written for a specific

discharger after undergoing a thorough application process which normally requires discharge site specific process flows, waste water origins, processes, and treatment information information, including water samples. The permit may take months to draft and require a public comment period which could result in a public hearing.

VGP History Continued

• General Permits – general permits are umbrella permits written for a common industrial sector which have common discharge types, treatment methods, operations, etc.

• Examples of other NPDES general permits are:– portable hot-mix asphalt facilities, – stormwater systems– carwashes, – oil and gas exploration and production facilities, – and now vessels

VGP History Continued

• The USEPA determined that the Vessel General Permit is the most efficient approach to obtaining permit coverage for most vessel owners and operators.

• Vessel owner/operators still have the option to apply to EPA for an individual permit consistent with the regulations found at 40 CFR § § 122.21 and 122.28

VGP Structure• Part 1 – Coverage under the Permit

– (General Information and Standard Requirements)

• Part 2 – Effluent Limits and Related Requirements• Part 3 – Corrective Actions• Part 4 – Inspections, Monitoring, Reporting, and

Recordkeeping• Part 5 – Vessel Class-Specific Requirements• Part 6 – State 401 certification conditions• Appendices

Part 1 – Coverage under the Permit

• Vessels Eligible for Coverage– Commercial Vessels Greater than 79ft in length– All vessels with the capacity to store ballast water

• Vessel Discharges Eligible for Coverage– Discharges incidental to normal operations of a

vessel while acting as a means of transportation (see 5 discharge's applicable to all vessels and 26 other waste water streams)

Part 1 – Coverage under the Permit (Cont.)

• Vessel Discharges Not Eligible for Coverage include, but are not limited to:1. Discharges previously

permitted by NPDES2. Sewage3. Used or Spent Oil4. Garbage or Trash5. Medical Waste6. Tetrachloroethylene degreasers

Part 1 – Coverage under the Permit

• Notice of Intent– For the VGP, a NOI is required only for certain vessels:

• Greater than or equal to 300 gross tons; or

• Have a ballast water capacity of at least 8 cubic meters.

• For all other vessels applicable to the permit, coverage is automatic

– Visit www.epa.gov/npdes/vessels/eNOI to access system• Notice of Termination

– Permittees must submit an NOT to the EPA when permanently terminating coverage under the VGP.

– Permittees do not need to submit NOTs every time they leave waters subject to this permit (e.g. international voyages).

Part 2 - VGP Effluent Limits

• Technology-Based Effluent Limits applicable to all vessels – Material Storage– Toxic and Hazardous Materials– Fuel Spills and Overflow– Discharges of Oil and Oily Mixtures– Compliance with other Regulations and Statutes Applicable to Incidental

Discharges

• Technology-Based Effluent Limits for specific discharge types – 26 discharge types listed SEE FOLLOWING SLIDE

• Water Quality Based Effluent Limits– Permit assumes water quality concerns will be met if Technology Based Effluent

Limits are met, however, the EPA may institute specific WQBELs if needed

Part 2 - VGP Effluent Limits (cont.)

1. Deck washdown and runoff from above water line hull cleaning

2. Bilgewater3. Discharges of ballast water4. Anti-fouling hull coatings5. Aqueous film forming foam6. Boiler/economizer blowdown7. Cathodic protection8. Chain locker effluent9. Controlable pitch propeller…10. Distillation and reverse osmosis brine11. Elevator pit effluent12. Firemain systems13. Freshwater layup

14. Gas turbine wash water15. Graywater16. Motor gasoline and compensating discharge17. Non-oily machinery wastewater18. Refrigeration and air condensate discharge19. Seawater cooling overboard discharge20. Seawater piping biofouling prevention21. Boat engine wet exhaust22. Sonar dome discharge23. Underwater ship husbandry discharge24. Welldeck discharge25. Graywater mixes with sewage from vessels26. Exhaust gas scrubber washwater discharge

Discharge Specific Categories (26 total)

• Deck Washdown and Runoff

– Permittees must use cleaners and detergents that are • phosphate-free (defined in permit on p.112)• non-toxic

– Permittees must maintain tidy decks and minimize garbage and other debris from entering waters subject to this permit

– Minimize deck washdowns while in port (anchored, secured, or otherwise moored)

• Bilgewater

– Discharges must not cause a visible sheen or otherwise be in a quantity that may be “harmful.”• Oil in discharges that may be harmful is a defined term in Clean Water Act regulations and this

permit

– Must not add dispersants, detergents or other substances to remove the appearance of a visible sheen in discharges. Cannot add substances not produced in the normal operation of the vessel (maritime practices).

– Must be compliant with 40 CFR Parts 100 (Discharge of Oil), 116 (Designation of Hazardous Substances), 117(Determination of reportable quantities for hazardous substances) and 33 CFR 151.10 (Control of Oil Discharges).

Example VGP Effluent Limits

Part 3 - VGP Corrective Actions

• The permit requires the permittee to take corrective action when they become aware of a violation

• Original exceedance of an effluent limit is a permit violation• Furthermore, failure to take corrective action within specified

time period is another permit violation• Corrective actions must be taken:

– Minor changes: within two weeks– Major changes (requiring new parts): within three months– Major renovations: before relaunching from the next drydocking (typically a 5

year cycle)

Part 4 Inspections and Monitoring

• Self inspections– Routine visual inspections- to be conducted the greater of once per

voyage (maximum of once per day) or once per week.– Annual vessel inspections are more comprehensive and must focus on

areas likely to generate harmful pollution or violate effluent limits.– Annual inspections do not require drydocking.– Dry dock Inspection: More comprehensive than annual inspection and

only required in coordination with dry docking (does not mandate additional dry docking).

• Analytical monitoring for select cruise ships and vessels with experimental ballast water treatment systems

Part 4 Recordkeeping and Reporting

• Recordkeeping– Records must include owner and voyage information, additional maintenance

& discharge information, certification, safety exemptions claimed, and any monitoring or inspection results

• Reporting required for ballast water discharge (to Coast Guard),

• One-time report to the USEPA for all vessels (30-36 months after obtaining permit coverage)

• Discharge monitoring reports for select cruise ships and vessels with experimental ballast treatment systems must be submitted to the USEPA

Part 4 Recordkeeping and Reporting (cont.)

24 hour Reporting

Vessel owner/operators must report any noncompliance which may endanger health or the environment. Any information must be provided orally within 24 hours from the time you become aware of the circumstances to the USEPA Regional Office.

A written follow-up is required within five days of the time you became aware of the circumstances (note: not five days after the 24 hour phone call) to the USEPA Regional Office

Common Questions Regarding the 24 Hour Reporting and 5-Day Follow Up

What if I’ve already called the NRC, does that count?

– No, per section 4.4.3 of the VGP, the 24-hour oral report and 5-day follow up must be submitted to the appropriate USEPA Regional Office listed in Part 8 of the permit (the information is also available on the VGP website).

Common Questions Regarding the 24 Hour Reporting and 5-Day Follow Up

Why do we have to report to both the NRC and the USEPA Regional Office in many cases?

All NPDES permittees, ranging from a carwash to the largest oil refinery in the US are required to report any non-compliance that endangers health of the environment to the appropriate USEPA Regional Office per NPDES permit condition regulations found in 40 CFR 122.41(k)(6).

This is a permit condition that must be included in ALL NPDES permits (40 CFR 122)

Part 5 Vessel Class-Specific Requirements

Eight classes or types:• Medium Cruise Ships• Large Cruise Ships • Large Ferries• Oil or Petroleum Tankers• Barges• Research Vessels• Emergency Vessels• Vessels with

Experimental Ballast Water Treatment Systems

Barge Requirements• Section 5.4 Barges (such as hopper barges,

chemical barges, tank barges, fuel barges, crane barges, dry bulk cargo barges) – 5.4.1 Additional Effluent Limits

• Whenever barges are pumping water from below deck, the discharge shall not contain oil in quantities that may be harmful as defined in 40 CFR Part 110.

• All tank barges must have spill rails and must plug their scuppers before any cargo operations if required by the vessel class society.

• Vessel owner/operators must clean out cargo residues such that any remaining residue is minimized before washing the cargo compartment or tank and discharging wash water overboard.

– 5.4.2 Supplemental Inspection Requirements • After every instance of pumping water from areas below decks, or immediately

following washing down the decks, you must conduct a visual sheen test.

Part 6 401 Certification Requirements• Vary from State to State – 28 States, Tribes, and Territories added

additional conditions– Some are being challenged in state courts or administrative

proceedings

• To ensure they are fully compliant with the permit, permittees need to read the conditions for each States’ or Tribes’ waters in which they will be operating.

• Certification documents are available on EPA website

• State 401 certification conditions include additional provisions for (varying by State):– Ballast Water - several States include various treatment standards – Bilgewater– Graywater– Underwater Ship Husbandry– Discharge Location Limitations

401 Cert./State Requirement Examples

Example State Requirments

Missouri -401 language allows state inspectors to board and inspect vessels

Illinois-Bioaccumulative Chemicals of Concern Language

-Ballast Water Numerical Limits (prior to commencement of vessel operations)

If permittees have questions regarding conditions in a given State’s waters, USEPA advises the permittees to contact the State Agency. State requirements can be found in part 6 of the VGP

Appendices

• Definitions• EPA Regional Contacts (note: contacts may be outdated, see the VGP

website for updated contact information)• Areas Covered• Notice of Intent• Notice of Termination• List of all resource areas containing “waters federally protected for

conservation purposes”.• One Time Report• Discharge Monitoring Report• Procedure for Whole Effluent Toxicity Testing for select Ballast Water

Treatment Systems

Actions andRequirements

• Monitoring and Inspections– USEPA and the USCG are developing a Memorandum of

Understanding on cooperative efforts for VGP implementation.– Compliance Monitoring will include, but is not limited to, review of

self reporting documents, NOI information and on-vessel reviews.• Recordkeeping

– USEPA attempted to minimize recordkeeping efforts by allowing existing logs to be used.

– USEPA is interested in vessel’s experience with the required recordkeeping.

• Reporting– VGP requires reporting to the USEPA for certain actions or events.

• 24 hour reporting with 5 day follow up (to USEPA Regions)• Annual non-compliance report (to USEPA Regions)• Experimental Ballast Water Systems (to USEPA HQ)• One Time Report (to USEPA HQ)

Annual Noncompliance Report

• All reports must contain certification statement found in Section 1.7.

• According to 40 CFR 122.41(l)(7) (incorporated by reference at Part 1.13 of the VGP) for instances of noncompliance, the report should contain all relevant information including a description of the noncompliance and its cause; the period of noncompliance including exact dates and times and if the noncompliance has not been corrected, the anticipated time that it is expected to continue; and steps taken to or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.

• While not specifically mentioned in the regulations, USEPA recommends the report should also include the location(s) of the noncompliance (geographic as well as USEPA Region) and identify all parties who discovered or corrected the noncompliance, if not the report certifier.

Recent Program Updates• Report to Congress

– P.L. 110-299 required USEPA to assess commerical fishing vessels and non-recreational vessels less than 79 feet that were subject to the NPDES exemption.

– www.epa.gov/npdes/vessels/reportcongress.cfm

• Extention of Vessels Less than 79ft and Fishing Vessel VGP Moratorium– PL 111-215 ammending PL 111-209 “durring the

period beginning on the date of the enactment of this act and ending on December 18, 2013”• http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?

dbname=111_cong_public_laws&docid=f:publ215.111.pdf

• NOI Database Search– EPA has made the NOI database available to the public.– http://www.epa.gov/npdes/vessels/

vesselsnoisearch.cfm

Recent Program Updates (cont.)

•Frequently Asked Question (FAQ) is being populated, and is available on the USEPA VGP website,

•The FAQ is intended to help with implementation questions for the VGP,

• FAQ Question Sources – speaking event Q & A, email and phone questions.

Ongoing Efforts• USEPA will continue to coordinate with the US Coast Guard on

vessel program development and regulation in the US.

• USEPA continues to work with the scientific community to determine what are ecologically acceptable endpoints for aquatic invasive species standards and the availability and effectiveness of treatment technologies for ballast water.

• USEPA is already developing a blueprint for the reissuance of the VGP.

Check the VGP website and Federal Register notices for Listing Session dates

Resources• Visit www.epa.gov/npdes/vessels

– This website contains all the permit documents and links to websites and further information.• VGP fact sheet

– Similar to a rule preamble, this document explains USEPA’s logic behind many decisions

• Industry groups’ compliance documents• Docket

– Has numerous background papers, also includes Response to Comment Document and other supporting information.

– More documents available at www.regulations.gov, Docket # OW-2008-0055.• Webcasts• Regional Contacts for Enforcement and Reporting

• Regional Contact Information Available on VGP Website

QuestionsPlease contact the USEPA with any questions you may have

regarding the USEPA Vessel General Permit.

Contact information available on the VGP website at www.epa.gov/npdes/vessels

• EPA HQ: Robin Danesi, (202) 564-1846 or email [email protected]• Region 1 (CT, MA, ME, NH, RI, VT): John Nagle, (617)918-1054 or e-mail [email protected]• Region 2 (NJ, NY, PR, VI) Sara Sorenson, (212)637-3877 or e-mail [email protected]• Region 3 (DC, DE, MD, PA, VA, WV): Mark Smith, (215)814-3105 or e-mail [email protected]• Region 4 (AL, FL, GA, KY, NC, MS, SC, TN): Marshall Hyatt, (404)562-9304 or email

[email protected] • Region 5 (IL, IN, MI, MN, OH, WI): Sean Ramach, (312)886-5284 or e-mail [email protected]• Region 6 (AR, LA, NM, OK, TX): Josh Waldmeier, (214) 665-8064 or e-mail at

[email protected]• Region 7 (KS, NE, MO, IA): Alex Owutaka, (913)551-7584 or email [email protected].• Region 8 (CO, MT, ND, SD, UT, WY): Lisa Luebke, (303) 312-6256 or email [email protected]• Region 9 (AZ, CA, HI, NV, AS, MP,GU): Eugene Bromley, (415)972-3510 or e-mail

[email protected] • Region 10 (AK, ID, OR, WA): Cindi Godsey, (907)271-6561 or e-mail [email protected]