In compliance with the provisions of the Clean Water Act (CWA), as amended (33 USC 1251 et seq.), any owner or operator of a vessel being operated in a capacity as a means of transportation who:
Is authorized to discharge in accordance with the requirements of this permit.
General effluent limits for all eligible vessels are given in Part 2. Further vessel class or type specific requirements are given in Part 5 for select vessels and apply in addition to any general effluent limits in Part 2. Specific requirements that apply in individual states and Indian Country Lands are found in Part 6. Definitions of permit-specific terms used in this permit are provided in Appendix A.
This permit becomes effective on December 19, 2013.
This permit and the authorization to discharge expire at midnight December 19, 2018.
Signed and issued this 28th day of March, 2013 Ira W. Leighton, Deputy Regional Administrator EPA Region 1
Signed and issued this 28th day of March, 2013 Joan Leary Matthews, Director Clean Water Division, EPA Region 2
Signed and issued this 28 th day of March, 2013 Ramon Torres, Acting Director Caribbean Environmental Protection Division EPA Region 2
Signed and issued this 28 th day of March, 2013 Jon M. Capacasa, Director Water Protection Division, EPA Region 3
Signed and issued this 28 th day of March, 2013 James D. Giattina, Director Water Protection Division, EPA Region 4
Signed and issued this 28 th day of March, 2013 Tinka G. Hyde, Director Water Division, EPA Region 5
Signed and issued this 28 th day of March, 2013 William K. Honker, Director Water Quality Protection Division, EPA Region 6
Signed and issued this 28 th day of March, 2013 Karen Flournoy, Director Water, Wetlands and Pesticides Division, EPA Region 7
Signed and issued this 28th day of March, 2013 Derrith R. Watchman-Moore, Assistant Regional Administrator Office of Partnerships and Regulatory Assistance, EPA Region 8
Signed and issued this 28 th day of March, 2013 John Kemmerer, Acting Director Water Division, EPA Region 9
Signed and issued this 28 th day of March, 2013 Daniel D. Opalski, Director Office of Water and Watersheds, EPA Region 10
| 1. | COVERAGE UNDER THIS PERMIT .......................................................................................... | COVERAGE UNDER THIS PERMIT .......................................................................................... | 8 |
|---|---|---|---|
| 1.1 | Permit Structure ...................................................................................................... | 8 | |
| 1.2 | Eligibility ................................................................................................................ | 8 | |
| 1.2.1 General Scope of this Permit ...................................................................... | 8 | ||
| 1.2.2 Vessel Discharges Eligible for Coverage ................................................... | 8 | ||
| 1.2.3 Limitations on Coverage........................................................................... | 10 | ||
| 1.3 | Reserved................................................................................................................ | 12 | |
| 1.4 | Permit Compliance................................................................................................ | 12 | |
| 1.5 | Authorization under this Permit............................................................................ | 13 | |
| 1.5.1 How to Obtain Authorization.................................................................... | 13 | ||
| 1.5.2 Continuation of this Permit....................................................................... | 15 | ||
| 1.6 | Terminating Coverage .......................................................................................... | 15 | |
| 1.6.1 Terminating Coverage for Vessels Required to Submit a Notice of | |||
| Intent (NOI) .............................................................................................. | 15 | ||
| 1.6.2 Terminating Coverage for Vessels not Required to Submit a Notice of Intent (NOI).......................................................................................... | 16 | ||
| 1.7 Certification .......................................................................................................... | 1.7 Certification .......................................................................................................... | 16 | |
| 1.8 | Alternative Permits ............................................................................................... | 17 | |
| 1.8.1 EPA Requiring Coverage under an Alternative Permit............................ | 17 | ||
| 1.8.2 Permittee Requesting Coverage under an Alternative Permit .................. | 17 | ||
| 1.9 | Permit Reopener Clause........................................................................................ | 18 | |
| 1.9.1 Modification of the VGP .......................................................................... | 18 | ||
| 1.9.2 Water Quality Protection .......................................................................... | 18 | ||
| 1.10 | Severability ........................................................................................................... | 19 | |
| 1.11 | State Laws............................................................................................................. | 19 | |
| 1.12 | Federal Laws......................................................................................................... | 19 | |
| 1.13 | Standard Permit Conditions.................................................................................. | 19 | |
| 1.14 | Electronic Reporting Requirement ....................................................................... | 19 | |
| 1.15 | Additional Notes................................................................................................... | 20 | |
| 2 | EFFLUENT LIMITS AND RELATED REQUIREMENTS ............................................................. | EFFLUENT LIMITS AND RELATED REQUIREMENTS ............................................................. | 21 |
| 2.1 Technology-Based Effluent Limits and Related Requirements Applicable | 2.1 Technology-Based Effluent Limits and Related Requirements Applicable | 2.1 Technology-Based Effluent Limits and Related Requirements Applicable | |
| to all Vessels ......................................................................................................... | 21 | ||
| 2.1.1 Material Storage........................................................................................ | 21 | ||
| 2.1.2 Toxic and Hazardous Materials ................................................................ | 21 | ||
| 2.1.3 Fuel Spills/Overflows ............................................................................... | 22 | ||
| 2.1.4 Discharges of Oil Including Oily Mixtures .............................................. | 22 | ||
| 2.1.5 Compliance with Other Statutes and Regulations | .................................... 23 | ||
| 2.1.6 General Training....................................................................................... | 23 | ||
| 2.2 | Effluent Limits and Related Requirements for Specific Discharge | Effluent Limits and Related Requirements for Specific Discharge | |
| Categories ............................................................................................................. | 23 | ||
| 2.2.1 Deck Washdown and Runoff and Above | Water Line Hull Cleaning....... 23 | ||
| 2.2.2 2.2.3 | Bilgewater/Oily Water Separator Effluent................................................ 24 Ballast Water............................................................................................. 26 |
| 2.2.4 | Anti-Fouling Hull Coatings/ Hull Coating Leachate................................ | 44 | ||
|---|---|---|---|---|
| 2.2.5 | Aqueous Film Forming Foam (AFFF)...................................................... | 45 | ||
| 2.2.6 | Boiler/Economizer Blowdown.................................................................. | 45 | ||
| 2.2.7 | Cathodic Protection................................................................................... | 46 | ||
| 2.2.8 | Chain Locker | 46 | ||
| 2.2.9 | Effluent............................................................................... Controllable Pitch Propeller and Thruster Hydraulic Fluid and Other Oil-to-Sea Interfaces Including Lubrication Discharges from Paddle Wheel Propulsion, Stern Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, Propulsion Pod Lubrication, and Wire Rope and Mechanical Equipment Subject to Immersion 47 | |||
| 2.2.10 | Distillation and Reverse Osmosis Brine ................................................... | 48 | ||
| 2.2.11 | Elevator Pit Effluent ................................................................................. | 48 | ||
| 2.2.12 | Firemain Systems...................................................................................... | 48 | ||
| 2.2.13 | Freshwater Layup...................................................................................... | 48 | ||
| 2.2.14 | Gas Turbine Washwater............................................................................ | 48 | ||
| 2.2.15 | Graywater 49 | 51 | ||
| 2.2.16 | Motor Gasoline and Compensating Discharge ......................................... | |||
| 2.2.17 | Non-Oily Machinery Wastewater............................................................. | 51 | ||
| 2.2.18 | Refrigeration and Air Condensate Discharge ........................................... | 51 | ||
| 2.2.19 | Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration Cooling Water) ................................................................... | 52 | ||
| 2.2.20 | Seawater Piping Biofouling Prevention.................................................... | 52 | ||
| 2.2.21 | Boat Engine Wet Exhaust......................................................................... | 52 | ||
| 2.2.22 | Sonar Dome Discharge ............................................................................. | 53 | ||
| 2.2.23 | Underwater Ship Husbandry and Hull Fouling Discharges...................... | 53 | ||
| 2.2.24 | Welldeck Discharges ................................................................................ | 54 | ||
| 2.2.25 | Graywater Mixed with Sewage from Vessels........................................... | 54 | ||
| 2.2.26 | Exhaust Gas Scrubber Washwater Discharge........................................... | 54 | ||
| 2.2.26.1 | Exhaust Gas Scrubber Washwater Discharge Standards........ | 55 | ||
| 2.2.27 | Fish Hold Effluent..................................................................................... | 58 | ||
| 2.3 | Additional Water Quality-Based Effluent Limits................................................. | Additional Water Quality-Based Effluent Limits................................................. | 59 | |
| 2.3.1 | Water Quality-Based Effluent Limitations ............................................... | 59 | ||
| 2.3.2 | Discharges to Water Quality Impaired Waters......................................... | 59 | ||
| 3 | CORRECTIVE ACTIONS ....................................................................................................... | CORRECTIVE ACTIONS ....................................................................................................... | CORRECTIVE ACTIONS ....................................................................................................... | 61 |
| 3.1 | Problems Triggering the Need for Corrective Action........................................... | Problems Triggering the Need for Corrective Action........................................... | 61 | |
| 3.2 | Corrective Action Assessment.............................................................................. | Corrective Action Assessment.............................................................................. | 61 | |
| 3.3 | Deadlines for Eliminating Problem ...................................................................... | Deadlines for Eliminating Problem ...................................................................... | 62 | |
| 3.4 | Effect of Corrective Action................................................................................... | Effect of Corrective Action................................................................................... | 63 | |
| 4 | INSPECTIONS, MONITORING, REPORTING, AND RECORDKEEPING....................................... | INSPECTIONS, MONITORING, REPORTING, AND RECORDKEEPING....................................... | INSPECTIONS, MONITORING, REPORTING, AND RECORDKEEPING....................................... | 64 |
| 4.1 | Self Inspections and Monitoring........................................................................... | Self Inspections and Monitoring........................................................................... | 64 | |
| 4.1.1 Routine 4.1.2 | Visual Inspections ....................................................................... Analytical Monitoring............................................................................... | 64 66 | ||
| 4.1.3 | Comprehensive Annual Vessel Inspections.............................................. | 66 |
| 4.1.4 | Drydock Inspection Reports ..................................................................... | 67 | ||
|---|---|---|---|---|
| 4.2 | Recordkeeping ...................................................................................................... | 68 | ||
| 4.2.1 | Electronic Recordkeeping......................................................................... | 71 | ||
| 4.3 | Additional Recordkeeping for Vessels Equipped with Ballast Tanks.................. | Additional Recordkeeping for Vessels Equipped with Ballast Tanks.................. | 71 | |
| 4.4 | Reporting............................................................................................................... | Reporting............................................................................................................... | 72 | |
| 4.4.1 | Annual Report........................................................................................... | 72 | ||
| 4.4.2 | Combined Annual Reports for Unmanned, Unpowered Barges or Vessels less than 300 Gross Tons............................................................. | 73 | ||
| 4.4.3 | Reportable Quantities of Hazardous Substances or Oil............................ | 73 | ||
| 4.4.4 | Additional Reporting ................................................................................ | 74 | ||
| 5 | VESSEL-CLASS-SPECIFIC REQUIREMENTS ......................................................................... | VESSEL-CLASS-SPECIFIC REQUIREMENTS ......................................................................... | VESSEL-CLASS-SPECIFIC REQUIREMENTS ......................................................................... | 75 |
| 5.1 Large Cruise Ships (authorized to carry 500 people or more for hire)................. | 5.1 Large Cruise Ships (authorized to carry 500 people or more for hire)................. | 5.1 Large Cruise Ships (authorized to carry 500 people or more for hire)................. | 75 | |
| 5.1.1 | Additional Effluent Limits........................................................................ | 75 | ||
| 5.1.2 | Monitoring Requirements......................................................................... | 77 | ||
| 5.1.3 | Educational and Training Requirements................................................... | 79 | ||
| 5.2 | Medium Cruise Ships (authorized to carry 100 to 499 people for hire) ............... | Medium Cruise Ships (authorized to carry 100 to 499 people for hire) ............... | 80 | |
| 5.2.1 | Additional Effluent Limits........................................................................ | 80 | ||
| 5.2.2 | Monitoring Requirements......................................................................... | 82 | ||
| 5.2.3 | Educational and Training Requirements................................................... | 85 | ||
| 5.3 | Large Ferries ......................................................................................................... | Large Ferries ......................................................................................................... | 86 | |
| 5.3.1 | Additional Effluent Limits........................................................................ | 86 | ||
| 5.3.2 | Educational and Training Requirements................................................... | 86 | ||
| 5.4 | Barges (such as Hopper Barges, Chemical Barges, Tank Barges, Fuel | Barges (such as Hopper Barges, Chemical Barges, Tank Barges, Fuel | Barges (such as Hopper Barges, Chemical Barges, Tank Barges, Fuel | |
| Barges, | Crane Barges, Dry Bulk Cargo Barges)................................................... | 87 | ||
| 5.4.1 | Additional Effluent Limits........................................................................ | 87 | ||
| 5.4.2 | Supplemental Inspection Requirements.................................................... | 88 | ||
| 5.5 | Oil Tankers, Petroleum Tankers, and Bulk Chemical Carriers ............................ | Oil Tankers, Petroleum Tankers, and Bulk Chemical Carriers ............................ | 88 | |
| 5.5.1 | Additional Authorized Discharges............................................................ | 88 | ||
| 5.5.2 | Additional Effluent Limits........................................................................ | 88 | ||
| 5.5.3 | Supplemental Inspection Requirements.................................................... | 88 | ||
| 5.5.4 | Educational and Training Requirements................................................... | 89 | ||
| 5.6 | Research Vessels................................................................................................... | Research Vessels................................................................................................... | 89 | |
| 5.6.1 | Supplemental Authorized Discharges....................................................... | 89 | ||
| 5.6.2 | Additional Effluent Limits........................................................................ | 89 | ||
| 5.7 | Emergency and Rescue Vessels (Fire Boats, Police Boats) ................................. | Emergency and Rescue Vessels (Fire Boats, Police Boats) ................................. | 89 | |
| 5.7.1 | Supplemental Authorized Discharges....................................................... | 90 | ||
| 5.7.2 | Additional Effluent Limits........................................................................ | 90 | ||
| 6 | SPECIFIC REQUIREMENTS FOR INDIVIDUAL STATES OR INDIAN COUNTRY LANDS............. | SPECIFIC REQUIREMENTS FOR INDIVIDUAL STATES OR INDIAN COUNTRY LANDS............. | SPECIFIC REQUIREMENTS FOR INDIVIDUAL STATES OR INDIAN COUNTRY LANDS............. | 91 |
| 6.1 | Alaska ................................................................................................................... | Alaska ................................................................................................................... | 91 | |
| 6.2 | Arizona.................................................................................................................. | Arizona.................................................................................................................. | 92 | |
| 6.3 | Arkansas................................................................................................................ | Arkansas................................................................................................................ | 93 | |
| 6.4 | California .............................................................................................................. | California .............................................................................................................. | 94 | |
| 6.5 | Connecticut ........................................................................................................... | Connecticut ........................................................................................................... | 97 | |
| 6.6 | Georgia................................................................................................................ | Georgia................................................................................................................ | 100 | |
| 6.7 | Hawaii................................................................................................................. | Hawaii................................................................................................................. | 101 |
| 6.8 | Idaho ................................................................................................................... | 107 |
|---|---|---|
| 6.9 | Illinois ................................................................................................................. | 111 |
| 6.10 | Indiana................................................................................................................. | 112 |
| 6.11 | Iowa..................................................................................................................... | 113 |
| 6.12 | Kansas................................................................................................................. | 114 |
| 6.13 | Maine .................................................................................................................. | 114 |
| 6.14 | Michigan ............................................................................................................. | 116 |
| 6.15 | Minnesota............................................................................................................ | 118 |
| 6.16 | Missouri .............................................................................................................. | 122 |
| 6.17 | Nebraska ............................................................................................................. | 122 |
| 6.18 | New Hampshire .................................................................................................. | 123 |
| 6.19 | New York............................................................................................................ | 124 |
| 6.20 | North Carolina .................................................................................................... | 128 |
| 6.21 | Ohio..................................................................................................................... | 129 |
| 6.22 | Rhode Island ....................................................................................................... | 132 |
| 6.23 | Vermont .............................................................................................................. | 133 |
| 6.24 | Washington ......................................................................................................... | 134 |
| 6.25 | Wisconsin............................................................................................................ | 137 |
| APPENDIX A-DEFINITIONS......................................................................................................... | APPENDIX A-DEFINITIONS......................................................................................................... | 140 |
| APPENDIX B-EPAREGIONAL CONTACTS .................................................................................. | APPENDIX B-EPAREGIONAL CONTACTS .................................................................................. | 151 |
| APPENDIX C-AREAS COVERED.................................................................................................. | APPENDIX C-AREAS COVERED.................................................................................................. | 152 |
| APPENDIX D-RESERVED ............................................................................................................ | APPENDIX D-RESERVED ............................................................................................................ | 152 |
| APPENDIX E-NOTICE OF INTENT (NOI) ..................................................................................... | APPENDIX E-NOTICE OF INTENT (NOI) ..................................................................................... | 153 |
| APPENDIX F - NOTICE OF TERMINATION (NOT).......................................................................... | APPENDIX F - NOTICE OF TERMINATION (NOT).......................................................................... | 161 |
| APPENDIX G-WATERS FEDERALLY PROTECTED WHOLLYOR IN PART FOR CONSERVATION PURPOSES ........................................................................................................................ | APPENDIX G-WATERS FEDERALLY PROTECTED WHOLLYOR IN PART FOR CONSERVATION PURPOSES ........................................................................................................................ | 163 |
| APPENDIX H-ANNUAL REPORT.................................................................................................. | APPENDIX H-ANNUAL REPORT.................................................................................................. | 181 |
| APPENDIX I - STANDARD DISCHARGE MONITORING REPORT...................................................... | APPENDIX I - STANDARD DISCHARGE MONITORING REPORT...................................................... | 190 |
| APPENDIX J - BALLAST WATER TREATMENT SYSTEM SENSORS, MEASUREMENT | APPENDIX J - BALLAST WATER TREATMENT SYSTEM SENSORS, MEASUREMENT | APPENDIX J - BALLAST WATER TREATMENT SYSTEM SENSORS, MEASUREMENT |
| REQUIREMENTS AND APPROPRIATE EQUIPMENT FOR PHYSICAL/CHEMICAL INDICATOR MONITORING................................................................................................. | REQUIREMENTS AND APPROPRIATE EQUIPMENT FOR PHYSICAL/CHEMICAL INDICATOR MONITORING................................................................................................. | 191 |
| APPENDIX K-PERMIT AUTHORIZATION AND RECORD OF INSPECTION FORM (PARI) (FOR VESSELS WHICH NEED NOT COMPLETE NOIS)................................................................... | APPENDIX K-PERMIT AUTHORIZATION AND RECORD OF INSPECTION FORM (PARI) (FOR VESSELS WHICH NEED NOT COMPLETE NOIS)................................................................... | 194 |
| Table 1: NOI Submission Deadlines/Discharge | Authorization Dates...........................................14 |
|---|---|
| Table 2: Indicator Organism Monitoring Parameters | ...................................................................31 |
| Table 3: Maximum Ballast Water Effluent Limits for Residual Biocides....................................33 | |
| Table 4: Monitoring Schedule for Residual Biocides or Derivatives of the Residual Biocide...............................................................................................................................34 | |
| Table 5: Residual Biocides and Biocide Derivative Monitoring | Requirements...........................34 |
| Table 6: Ballast Water Treatment to BAT Schedule | ....................................................................38 |
| Table 7: PAH Permit Limits in Exhaust Gas Scrubber Discharge | ...............................................55 |
| Table 8: Nitrates + Nitrites Permit Limits in Exhaust Gas | Scrubber Discharge ..........................56 |
This permit is structured as follows:
The Appendices A through K include definitions, the NOI form, the Notice of Termination (NOT) form, a list of waters federally protected for conservation purposes, the annual report form, DMR forms, the Permit Authorization and Record of Inspection (PARI) form, and supplemental information.
You must meet the following provisions to be eligible for coverage under this permit.
This permit is applicable to discharges incidental to the normal operation of a vessel identified in Part 1.2.2 into waters subject to this permit. These waters are 'waters of the United States' as defined in 40 Code of Federal Regulations (CFR) §122.2 (extending to the outer reach of the 3 mile territorial sea as defined in section 502(8) of the CWA). This includes all navigable waters of the Great Lakes subject to the jurisdiction of the United States. Recreational vessels as defined in section 502(25) of the CWA are not subject to this permit. Such vessels are not subject to NPDES permitting under section 402 of the CWA, and are instead subject to regulation under section 312(o) of the CWA. EPA expects that most vessels seeking coverage under this permit will be greater than 79 feet in length; however, commercial fishing vessels and other nonrecreational vessels less than 79 feet are also eligible for permit coverage under this permit or those vessels may seek coverage under EPA's small Vessel General Permit (sVGP), as available and appropriate. If auxiliary vessels or craft, such as lifeboats, rescue boats, or barges onboard larger vessels require NPDES permit coverage, they are eligible for coverage under this permit and are covered by submission of the NOI for the larger vessels. For purposes of recordkeeping, inspections, and reporting, auxiliary vessels may be considered as part of the same entity as the larger vessel. Nothing in this permit shall be interpreted to apply to a vessel of the Armed Forces as defined in section 312(a)(14) of the CWA.
Unless otherwise made ineligible under Part 1.2.3, the following discharge types are eligible for coverage under this permit:
| 1.2.2.2 | Bilgewater/Oily Water Separator Effluent |
|---|---|
| 1.2.2.3 | Ballast Water |
| 1.2.2.4 | Anti-fouling Hull Coatings/Hull Coating Leachate |
| 1.2.2.5 | Aqueous Film Forming Foam (AFFF) |
| 1.2.2.6 | Boiler/Economizer Blowdown |
| 1.2.2.7 | Cathodic Protection |
| 1.2.2.8 | Chain Locker Effluent |
| 1.2.2.9 | Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil Sea Interfaces including Lubrication Discharges from Paddle Wheel Propulsion, Stern Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, and Propulsion Pod Lubrication, and Wire Rope and Mechanical Equipment Subject to Immersion |
| 1.2.2.10 | Distillation and Reverse Osmosis Brine |
| 1.2.2.11 | Elevator Pit Effluent |
| 1.2.2.12 | Firemain Systems |
| 1.2.2.13 | Freshwater Layup |
| 1.2.2.14 | Gas Turbine Washwater |
| 1.2.2.15 | Graywater |
| Except that Graywater from commercial vessels within the meaning of CWAsection 312 that are operating in the Great Lakes is excluded from the requirement to obtain an NPDES permit (see CWAsection 502(6)), and thus is not within the scope of this permit. | Except that Graywater from commercial vessels within the meaning of CWAsection 312 that are operating in the Great Lakes is excluded from the requirement to obtain an NPDES permit (see CWAsection 502(6)), and thus is not within the scope of this permit. |
| 1.2.2.16 | Motor Gasoline and Compensating Discharge |
| 1.2.2.17 | Non-Oily Machinery Wastewater |
| 1.2.2.18 | Refrigeration and Air Condensate Discharge |
| 1.2.2.19 | Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration Cooling Water) |
| 1.2.2.20 | Seawater Piping Biofouling Prevention |
| 1.2.2.21 | Boat Engine Wet Exhaust |
Discharges that are outside the scope of the former exclusion from NPDES permitting for discharges incidental to the normal operation of a vessel as set out in 40 CFR §122.3(a), as in effect on December 18, 2008, are ineligible for coverage under this permit. This permit does not apply to any vessel when it is operating in a capacity other than as a means of transportation. For any discharges identified in this permit, discharges are not eligible if they contain materials resulting from industrial or manufacturing processes onboard or other materials not derived from the normal operations of a vessel.
Vessels when they are being used as an energy or mining facility, a storage facility, a seafood processing facility, or when secured to the bed of waters subject to this permit or to a buoy for the purpose of mineral or oil exploration or development are not eligible for coverage under this permit. Furthermore, 'floating' craft that are permanently moored to piers, such as 'floating' casinos, hotels, restaurants, bars, etc. are not covered by the former vessel exclusion and would not be covered by this vessel permit.
Discharges of sewage from vessels, as defined in CWA section 502(6) and 40 CFR §122.2, are not required to obtain NPDES permits. Instead, these discharges are regulated under section 312 of the CWA and 40 CFR Part 140 and 33 CFR Part 159. Under CWA section 312(a)(6), the definition of sewage includes graywater discharges from 'commercial vessels' (as defined in CWA section 312(a)(10)) operating on the Great Lakes. If a vessel operating on the Great Lakes is not a 'commercial vessel' as defined in CWA section 312(a)(10), the vessel's graywater discharges are eligible for coverage under this permit, and are subject to the additional permit requirements in Part 2.2.15.1.
Discharges of used or spent oil no longer being used for their intended purposes are not eligible for coverage under this permit.
Discharges of rubbish, trash, garbage, or other such materials discharged overboard are not eligible for coverage under this permit. 'Garbage' includes discharges of bulk dry cargo residues as defined at 33 CFR §151.66(b) (73 Fed. Reg. 56492 (September 29, 2008)) and agricultural cargo residues. Discharges of garbage are subject to regulation under 33 CFR Part 151, Subpart A.
Discharges from photo-processing operations are not eligible for coverage under this permit.
Discharges of spent or unused effluent from dry cleaning operations are not eligible for coverage under this permit. This includes any spent or unused tetrachloroethylene (perchloroethylene) from these operations.
Discharges of medical waste as defined in 33 USC 1362(20) are not eligible for coverage under this permit. Discharges of spent or unused pharmaceuticals, formaldehyde, or other biohazards no longer being used for their intended purposes are not eligible for coverage under this permit.
For purposes of this permit, the liquid produced by dialysis treatment of humans is not deemed to be 'medical waste,' and, like other human body waste, is subject to regulation under CWA §312 if introduced into marine sanitation devices, or under VGP Part 2.2.25 if added to a blackwater system combined with a graywater system. The direct overboard discharge of such liquid without treatment is not eligible for coverage under this permit.
Discharges of noxious liquid substance residues subject to 33 CFR Part 151, Subpart A or 46 CFR §153.1102 are not eligible for coverage under this permit.
Discharges of tetrachloroethylene (perchloroethylene) and trichloroethylene (TCE) degreasers or other products containing tetrachloroethylene or trichloroethylene are not eligible for coverage under this permit.
The following discharges are not eligible for coverage under this permit:
The CWA provides that any person who knowingly falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained under the CWA shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. The Act similarly provides that any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under the CWA shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both. In addition, false statements or representations, as well as alterations or false entries in documents, may be punishable by more severe criminal penalties pursuant to 18 USC §1001 or 18 USC §1519.
Permittees have a duty to comply with this permit consistent with 40 CFR §122.41(a), as incorporated by reference in Part 1.13 of this permit. Any noncompliance with the requirements of this permit constitutes a violation of the CWA and grounds for enforcement action consistent with provisions outlined in 40 CFR §122.41(a). Each day a violation continues is a separate violation of this permit. Where requirements and schedules for taking corrective actions are included in this permit, the time intervals provided are not grace periods, but schedules considered reasonable for making repairs and improvements. They are included in this permit to ensure that the conditions prompting the need for these corrective actions are not allowed to persist indefinitely. You must return to compliance as promptly as possible, but no later than the time period specified in this permit. For provisions specifying a time period to remedy noncompliance, the initial and continuing failure, such as a violation of numeric or non-numeric effluent limits, constitutes a violation of this permit and the CWA. As such, any time periods specified for remedying noncompliance do not relieve parties of the initial underlying noncompliance. However, EPA will consider the appropriateness and promptness of corrective action in determining enforcement responses to permit violations.
To provide clarity for the permittee, there are additional reminders in certain sections of this permit about what constitutes a permit violation. The absence of such a reminder in a particular section does not mean that failure to meet that requirement is not a permit violation.
To obtain authorization to discharge under this permit, you must meet the Part 1.2 eligibility requirements. If your vessel meets the requirements under Part 1.5.1.1, and you were authorized to discharge under the 2008 VGP, you must submit an NOI to receive permit coverage seven days before the effective date of this permit to continue uninterrupted coverage. Vessels authorized to discharge under the 2008 VGP were vessels that had submitted an NOI or were not subject to the NOI requirement by Part 1.5.1.2 of the 2008 VGP. If you were not authorized to discharge under the 2008 VGP and your vessel meets the requirements under Part 1.5.1.1, you must submit an NOI to receive permit coverage at least 7 days or more than 30 days (as applicable) before discharging into waters subject to this permit (see Table 1 below). Owner/operators of vessels that meet the requirements under Part 1.5.1.2 are not required to submit NOIs. Instead these owner/operators must sign and maintain a copy of the PARI form.
If your vessel is greater than or equal to 300 gross tons or the vessel has the capacity to hold or discharge more than 8 cubic meters (2,113 gallons) of ballast water, you must submit a signed and certified, complete and accurate NOI in accordance with the requirements of Appendix E to receive coverage under this permit. Submission must be in accordance with the deadlines in Table 1.
If you are required to submit an NOI, you must submit your NOI using EPA's Electronic Notice of Intent (eNOI) system ([www.epa.gov/npdes/vessels](http://www.epa.gov/npdes/vessels)/eNOI)](http://www.epa.gov/npdes/vessels/eNOI) unless you meet one of the exemptions in Part 1.14 of this permit. EPA will post on the Internet, at www.epa.gov/npdes/vessels/eNOI, all NOIs processed. If you do not have an active NOI, before you commence discharging, you will be in violation of the permit.
Paper NOIs will only be accepted if you meet one of the electronic reporting exemptions found in Part 1.14 of this permit. However, even if accepted, there may be an extended waiting period for your authorization to discharge as compared to the waiting period for electronic submissions. As noted in the footnote to the Table, the Discharge Authorization Date may be delayed by EPA.
Table 1: NOI Submission Deadlines/Discharge Authorization Dates
| Category | NOI Deadline | Discharge Authorization Date* |
|---|---|---|
| Vessels authorized to discharge under the 2008 Vessel General Permit (VGP) | No later than December 12, 2013 or 7 days prior to discharge into waters subject to this permit, whichever is later | For eNOIs: December 19, 2013 or, if not submitted by December 12, 2013, 7 days after complete NOI processed** by EPA For Paper NOIs: 30 days after complete NOI processed by EPA |
| New Owner/Operator of Vessel - transfer of ownership and/or operation of a vessel whose discharge is previously authorized under this permit | By date of transfer of ownership and/or operation | Date of transfer or date EPA processes NOI, whichever is later |
| New vessels delivered to owner or operator after December 19, 2013 | For vessels submitting eNOIs: 7 days prior to discharge into waters subject to this permit For vessels submitting Paper NOIs: At least 30 days prior to discharge into waters subject to this permit | For eNOIs: 7 days after complete NOI processed by EPA For Paper NOIs: 30 days after complete NOI processed by EPA |
| Existing vessels delivered to owner or operator after December 19, 2013 that were not previously authorized under this permit | For vessels submitting eNOIs: 7 days prior to discharge into waters subject to this permit For vessels submitting Paper NOIs: At least 30 days prior to discharge into waters subject to this permit | For eNOIs: 7 days after complete NOI processed by EPA For Paper NOIs: 30 days after complete NOI processed by EPA |
If your vessel is less than 300 gross tons and your vessel does not have the capacity to hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, you do not need to submit an NOI. However, you must complete the PARI form found in Appendix K, and keep a copy of that form onboard your vessel at all times. Provisions for retaining an electronic copy of the PARI form are described in Part 4.2.1.
If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with section 558(c) of the Administrative Procedure Act (5 USC 558(c)) and EPA's implementing regulations at 40 CFR §122.6 and remain in force and effect for discharges that were covered prior to expiration. If you were granted permit coverage prior to the expiration date, you will automatically remain covered by this permit until the earliest of:
If you wish to terminate coverage under this permit, and you were required to file a NOI by Part 1.5.1.1, you must submit your NOT in accordance with Appendix F. Vessels holding a valid NOI are not required to terminate their NOI when they move in and out of waters subject to the VGP, or when they are engaged in industrial activity and subject to another NPDES permit while conducting those activities.
If you were required to file a NOI by Part 1.5.1.1, you may use the eNOI system to file your NOT, available at www.epa.gov/npdes/vessels/eNOI. Your authorization to discharge under this permit terminates at 11:59 pm on the day that a complete NOT is processed and posted on EPA's website (www.epa.gov/npdes/vessels/eNOI). If you submit a NOT without meeting at least one of the conditions identified in Part 1.6.1.2, then your NOT is not valid. You will continue to be responsible for discharges from your vessel until you have submitted a valid NOT and it is posted on EPA's website, unless permit coverage is terminated without a NOT pursuant to Part 1.6.2 or 1.8.
If you were required to submit a NOI pursuant to Part 1.5.1 to be released from the requirements of this permit, you must submit a NOT within 30 days after one or more of the following conditions have been met:
For vessels that are not required to submit a NOI under Part 1.5.1.2, termination of coverage is automatic if any of the following conditions are met:
The NOI, NOT, the VGP PARI Form, and any reports (including any monitoring data) submitted to EPA must include the following certification:
'I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.'
All other documentation required under this permit, but not required to be submitted to EPA, must be signed and dated by the person preparing the documentation.
Pursuant to 40 CFR §122.28(b)(3), EPA may require you to apply for an individual NPDES permit or an alternative NPDES general permit. Any interested person may petition EPA to take action under this paragraph. If EPA requires you to apply for an individual NPDES permit, EPA will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and will provide application information. In addition, if you are an existing permittee authorized to discharge under this permit, the notice will set a deadline to file the permit application, and will include a statement that on the effective date of the individual NPDES permit, or the alternative general permit as it applies to you, coverage under this general permit will terminate. EPA may grant additional time to submit the application if you request it. If you are covered under this permit and fail to submit an individual NPDES permit application as required by EPA, then your coverage under this permit is terminated at midnight on the day specified by EPA as the deadline for application submittal. In addition, if EPA denies your application for an individual NPDES permit, you are also not authorized to discharge under this general permit. EPA may take enforcement action for any unpermitted discharge.
When an individual NPDES permit is issued to you or you are authorized to discharge under an alternative NPDES general permit, your coverage under this permit is terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit. In this case (where EPA requires you to obtain coverage under an individual or alternative general permit), you are not required to file a NOT as discussed above.
You may request to be excluded from coverage under this general permit by applying for an individual permit per 40 CFR §122.28(b)(3)(iii). In such a case, you must submit an individual permit application in accordance with the requirements of 40 CFR §122.21, with reasons supporting the request, to EPA at the appropriate EPA Regional Office(s) listed in Appendix B of this permit, no later than 90 days after December 19, 2013. The request may be granted by issuance of an individual permit or authorizing coverage under an alternative general permit if your reasons are adequate to support the request. A source excluded from this general permit solely because it already has an individual permit may request that the individual permit be revoked, and that it be covered by this general permit. Upon revocation of the individual permit, this general permit shall apply to the source.
When an individual NPDES permit is issued to you or you are authorized to discharge under an alternative NPDES general permit, your authorization to discharge under this permit is terminated on the effective date of the individual permit or the date of authorization of coverage under the alternative general permit.
Permit modification or revocation will be conducted according to 40 CFR §§122.62, 122.63, 122.64, and 124.5.This permit is subject to modification in accordance with 40 CFR §§124.5 and 122.62. Grounds for such modification include receipt of new information that was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of permit issuance. With respect to ballast water discharges, new information that will be considered in determining whether to modify this permit includes, but is not limited to, data or information from permittees, the general public, states, academia, scientific or technical articles or studies, results of monitoring conducted under this permit, and whether the U.S. Coast Guard has received a written extension request pursuant to 33 CFR 151.2036 indicating that:
Regarding implementation dates of the limits found in Part 2.2.3.5 of the VGP, EPA advises that where the U.S. Coast Guard has granted or denied an extension request pursuant to 33 CFR 151.2036, that information will be considered by EPA, but is not binding on EPA.
EPA may require you to obtain an individual permit in accordance with Part 1.8 of this permit for cause. This may happen, for example, if there is evidence that the discharges authorized by this permit cause or have the reasonable potential to cause or contribute to an excursion above any applicable water quality standard in the receiving water body or downstream waters. Similarly, EPA may modify this permit to include different limitations and/or requirements for cause.
Invalidation of a portion of this permit does not necessarily render the whole permit invalid. EPA's intent is that the permit remains in effect to the extent possible; in the event that any part of this permit is invalidated, EPA will advise the regulated community as to the effect of such invalidation.
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved by section 510 of the CWA.
Nothing in this permit shall be construed to affect, supersede, or relieve the vessel owner or operator of any otherwise applicable requirements or prohibitions under other provisions of federal law or regulations.
As provided by the introductory text of 40 CFR §122.41 and the regulation at 40 CFR §122.43(c), all of the standard permit conditions published in federal regulations at 40 CFR §122.41 are hereby incorporated by reference.
All vessel owner operators must submit all NOIs, NOTs, annual reports, Discharge Monitoring Reports (DMRs), and other reporting information as appropriate electronically, unless the vessel owner/operator meets one of the following exemptions:
For purposes of the VGP, temporary waivers from electronic reporting may be granted if:
You may check www.epa.gov/npdes/vessels to determine whether electronic reporting for the relevant document has been implemented. If that website indicates that electronic reporting for the document to be submitted is not yet available, you do not need to seek a waiver for a paper submission.
If you wish to obtain waiver for submitting your reports electronically, you must submit a request to EPA at the following address:
EPA NPDES Vessels Team Attn: Vessel Reporting Waiver Requests Mail Code 4203M 1200 Pennsylvania Ave. NW Washington DC, 20004
In requesting a waiver from electronic reporting, you must document which exemption you believe you meet, and provide evidence supporting these claims and a copy of your completed NOI or PARI form (as applicable). A waiver may only be considered granted once you receive written confirmation from EPA or its authorized representative.
EPA intends to make any ballast water monitoring information transmitted to the Agency in electronic form available to the public in electronic form.
In the limits below and throughout this permit, the term 'minimize' means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best marine practice.
You may not add any constituents to any discharge that are not incidental to the normal operation of a vessel.
You may not dilute discharges eligible for coverage under this permit prior to their discharge for the purpose of meeting limits set forth in this permit.
You are required to meet the following effluent limits, regardless of the type of vessel you own or operate.
For cargoes or onboard materials which might wash overboard or dissolve as a result of contact with precipitation or surface water spray, or which may be blown overboard by air currents, you must minimize the amount of time these items are exposed to such conditions. Locate storage areas on the vessel for such items in covered areas where feasible and consistent with any applicable regulations promulgated by the Secretary of the Department in which the Coast Guard is operating that establish specifications for safe transportation, handling, carriage, and storage of pollutants (see Part 2.1.5). If water draining from storage areas comes in contact with oily materials, except for naturally occurring fish oils from fishing gear stored on deck, you must:
Where consistent with vessel design and construction, you must locate toxic and hazardous materials in protected areas of the vessel to minimize exposure to ocean spray and precipitation, unless the Master determines this would interfere with essential vessel operations or safety of the
vessel or doing so would violate any applicable regulations promulgated by the Secretary of the Department in which the Coast Guard is operating that establish specifications for safe transportation, handling, carriage, and storage of pollutants (see Part 2.1.5). Any discharge made for the foregoing reasons must be documented consistent with Part 4.2. You must ensure that toxic and hazardous materials are in appropriate sealed containers constructed of a suitable material, labeled, and secured. Containers must not be overfilled and incompatible wastes should not be mixed. Exposure of containers to ocean spray or precipitation must be minimized. Jettisoning of containers holding toxic or hazardous material is not authorized by this permit.
Fuel spills or overflows must not result in a discharge of oil in quantities that may be harmful, pursuant to 40 CFR Part 110. You must conduct all fueling operations using control measures and practices designed to minimize spills and overflows and ensure prompt containment and cleanup if they occur. Vessel operators must not overfill fuel tanks. For vessels with interconnected fuel tanks, fueling must be conducted in a manner that prevents overfilling and release from the system to the environment.
Vessels with air vents from fuel tanks must use spill containment or other methods to prevent or contain any fuel or oil spills. Large-scale fuel spills or overflows are not incidental to the normal operation of the vessel and are not authorized by this permit.
The following requirements apply to fueling of auxiliary vessels such as lifeboats, tenders or rescue boats deployed from 'host' vessels subject to this permit:
Owner/operators shall ensure that all crew responsible for conducting fueling operations are trained in methods to minimize spills caused by human error and/or the improper use of equipment.
All discharges of oil, including oily mixtures, from ships subject to Annex I of the International Convention for the Prevention of Pollution from Ships as implemented by the Act to Prevent Pollution from Ships and U.S. Coast Guard regulations found in 33 CFR §151.09 (hereinafter
referred to as 'MARPOL vessels') must have concentrations of oil less than 15 parts per million (ppm) (as measured by EPA Method 1664 or other appropriate method for determination of oil content as accepted by the International Maritime Organization (IMO) (e.g. ISO Method 9377-2) or U.S. Coast Guard) before discharge. All MARPOL vessels must have a current International Oil Pollution Prevention Certificate (IOPP) issued in accordance with 33 CFR §§151.19 or 151.21. All other discharges of oil including oily mixtures must not contain oil in quantities that may be harmful, pursuant to 40 CFR Part 110.
As required by 40 CFR §122.44(p), you must comply with any applicable regulations promulgated by the Secretary of the Department in which the Coast Guard is operating that establish specifications for safe transportation, handling, carriage, and storage of pollutants.
Any discharge from your vessel must comply with sections 311 (33 USC 1321) of the CWA, the Act to Prevent Pollution from Ships (APPS 33 USC §§1905-1915), the National Marine Sanctuaries Act, (16 USC 1431 et seq.) and implementing regulations found at 15 CFR Part 922 and 50 CFR Part 404, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC §136 et seq.), and the Oil Pollution Act (OPA of 1990, 33 USC §2701-2720).
The US Code of Federal Regulations containing these provisions can be found at: www.gpoaccess.gov/ecfr/.
All owner/operators of vessels must ensure that the master, operator, person-in-charge, and crew members who actively take part in the management of incidental discharges or who may affect those discharges are adequately trained in implementing the terms of this permit. In addition, all owner/operators of vessels must ensure appropriate vessel personnel be trained in the procedures for responding to fuel spills and overflows, including notification of appropriate vessel personnel, emergency response agencies, and regulatory agencies. This training need not be formal or accredited courses; however, it is the vessel owners/operators' responsibility to ensure these staff are given the necessary information to conduct shipboard activities in accordance with the terms of this permit.
Vessel owners/operators must also meet all training-related recordkeeping requirements of Part 4.2 of this permit.
The requirements in Part 2.2 constitute technology-based effluent limitations and related requirements except where it is specifically noted that the requirements constitute water quality based limits.
Vessel owner/operators must minimize the introduction of on-deck debris, garbage, residue, and spill into deck washdown and runoff discharges. Before deck washdowns occur, you must broom
clean (or equivalent) exposed decks or use comparable management measures and remove all existing debris. When required by their class societies (e.g., oil tankers), their flag Administrations, or the U.S. Coast Guard, vessels must be fitted with and use perimeter spill rails and scuppers to collect the runoff for treatment. Where feasible, machinery on deck must have coamings or drip pans where necessary to collect any oily discharge that may leak from machinery and prevent spills. The drip pans must be drained to a waste container for proper disposal and/or periodically wiped and cleaned. Additionally, to reduce the risk of any leakage or spills of harmful oils into the aquatic environment, EPA strongly encourages the use of environmentally acceptable lubricants in all above deck equipment. The presence of floating solids, visible foam, halogenated phenol compounds, and dispersants, or surfactants in deck washdowns must be minimized. Vessel owners/operators must minimize deck washdowns while in port.
Vessel owners/operators must maintain their topside surface and other above water line portions of the vessel to minimize the discharge of rust (and other corrosion by-products), cleaning compounds, paint chips, non-skid material fragments, and other materials associated with exterior topside surface preservation. Furthermore, vessel owners/operators must minimize residual paint droplets from entering waters subject to this permit whenever they are conducting maintenance painting. Possible minimization techniques include, but are not limited to, avoiding paint spraying in windy conditions or avoiding overapplication of paint. This permit does not authorize the disposal of unused paint into waters subject to this permit.
If deck washdowns or above water line hull cleaning will result in a discharge, they must be conducted with 'minimally-toxic' and 'phosphate free' cleaners and detergents as defined in Appendix A of this permit. Furthermore, cleaners and detergents should not be caustic and must be biodegradable.
All bilgewater discharges must be in compliance with the regulations in 40 CFR Parts 110 (Discharge of Oil), 116 (Designation of Hazardous Substances), and 117 (Determination of Reportable Quantities for Hazardous Substances) and 33 CFR §151.10 (Control of Oil Discharges). In addition:
1 40 CFR §110.4 states that: 'addition of dispersants or emulsifiers to oil to be discharged that would circumvent the provisions of this part is prohibited.' 33 CFR §151.10 (g) states that: 'No discharge into the sea shall contain chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation.
'New Build' vessels built after December 19, 2013 greater than 400 gross tons that may discharge bilgewater into waters subject to this permit must monitor (i.e., sample and analyze)
their bilgewater effluent at least once a year for oil and grease content. That monitoring can be conducted as part of the vessel's annual survey.
To demonstrate treatment equipment maintenance and compliance with this permit, the bilgewater sample must be analyzed for oil by either Method ISO 9377-2 (2000) Water QualityDetermination of Hydrocarbon Oil Index-Part 2: Method Using Solvent Extraction and Gas Chromatography (incorporation by reference, see 46 CFR §162.050-4) or EPA Method 1664. At the time of sample collection, the reading on the oil content meter (OCM) must be recorded such that the oil and grease concentration measured by the laboratory can be compared to the OCM.
If your analytical results show oil and grease concentrations of less than 5 ppm for two consecutive years, you need not sample and analyze subsequent years of permit coverage if:
Records of monitoring must be retained onboard for at least 3 years in the vessel's recordkeeping documentation and must include:
For those vessels for which monitoring must be conducted, analytical and corresponding OCM monitoring data must be submitted at least once per calendar year no later than February 28 of the year after the data are collected. Additionally, if you have met the requirements in part 2.2.2.1 to waive analytical monitoring after two years, you must note your waiver qualifications on your report. Data may be submitted as part of the vessel's annual report (Appendix H) on the VGP bilgewater DMR.
All discharges of ballast water must comply with the requirements in this permit as described below. Additionally, owner/operators of all vessels subject to coverage under this permit which are equipped with Ballast Tanks must comply with any additional BMPs in this section.
In addition, as a condition of this permit, all discharges of ballast water must also comply with applicable U.S. Coast Guard regulations found in 33 CFR Part 151.
All discharges of ballast water may not contain oil, noxious liquid substances (NLSs), or hazardous substances in a manner prohibited by U.S. laws, including section 311 of the Clean Water Act.
All owner/operators of vessels equipped with ballast water tanks must train the master, operator, person-in-charge, and crew members who actively take part in the management of the discharge or who may affect the discharge, on the application of ballast water and sediment management and treatment procedures. As part of Ballast Water Management Plans under 2.2.3.2, a standalone training plan, or other recordkeeping documentation, owner/operators must maintain a written training plan describing the training to be provided and a record of the date of training provided to each person trained. Persons required to be trained must be trained promptly upon installation of treatment technology and in the event of a significant change in ballast water treatment practices or technology.
All owner/operators of vessels equipped with ballast water tanks must maintain a ballast water management plan that has been developed specifically for the vessel that will ensure that those responsible for the plan's implementation understand and follow the vessel's ballast water management strategy. Owner/operators must make that plan available upon request to EPA or its authorized representative. Vessel owner/operators must assure that the master and crew members who actively take part in the management of the discharge or who may affect the discharge understand and follow the management strategy laid out in the plan.
At a minimum, all vessels must have a plan which outlines how they will meet the requirements of Part 2.2.3.3 of this permit. The plan must also include how vessels will comply with training requirements of 2.2.3.1 and meet all requirements in Parts 2.2.3.3 through 2.2.3.8, as applicable. EPA notes that a Ballast Water Management Plan is also required by the United States Coast Guard by 33 CFR Part 151. Provided owner/operators meet the requirements discussed above, EPA expects that vessels will need one ballast water management plan to meet both EPA and USCG requirements.
Masters, owners, operators, or persons-in-charge of all vessels equipped with ballast water tanks that operate in waters of the U.S. must:
Suggested control measures to minimize the discharge of ballast water include, but are not limited to, transferring ballast water between tanks within the vessel in lieu of ballast water discharge. Another option is to use public water supply water for ballast or, for vessels not subject to the numeric limits in Part 2.2.3.5 of this permit, use water from a potable water generator as ballast. EPA notes that vessels not subject to the numeric limits in Part 2.2.3.5 of this permit should endeavor to take all reasonable steps to minimize or eliminate the discharge of untreated ballast water.
'Lakers' must meet the following additional ballast water management requirements:
If a Laker meets the permit limits found in Part 2.2.3.5 of this permit, the vessel owner/operator is not required to conduct the additional management measures found in Part 2.2.3.4, but must still comply with Part 2.2.3.3.
Owners/operator must meet the following ballast water discharge limits (expressed as instantaneous maximum) consistent with the schedule found in Part 2.2.3.5.2, unless you are excluded from these requirements by Parts 2.2.3.5.3 or 2.2.3.8 of this permit:
These limits may be met by using one of the ballast water management measures in Parts 2.2.3.5.1.1, 2.2.3.5.1.2, 2.2.3.5.1.3, or 2.2.3.5.1.4.
Note: EPA will continue to explore new technologies with industry and states, and when warranted, will make this numeric limit more stringent in the future (see discussion in section 4.4.3.5.1 of the fact sheet). Additionally, EPA encourages and anticipates, as part of this process, that states will continue to work with industry to test and provide opportunities for new technologies.
In addition to the other requirements of this permit, owner/operators of vessels subject to the numeric discharge limits in Part 2.2.3.5 of this permit must meet those limits. Vessel owner/operators may use one of the four following ballast water management methods to meet the numeric discharge limits in Part 2.2.3.5:
Vessel owner/operators utilizing a ballast water treatment system (BWTS) must use a system which has been shown to be effective by testing conducted by an independent third party laboratory, test facility or test organization. A system that has been type approved by the U.S. Coast Guard under 46 CFR Part 162.060 or received 'Alternative Management System' designation by the U.S. Coast Guard under 33 CFR 151.2026 will be deemed to meet this 'shown to be effective' provision. Once the effluent limits in Part 2.2.3.5 become applicable to a vessel (see part 2.2.3.5.2 for applicability timeframes for specified categories of vessels), owners/operators of vessels utilizing a ballast water treatment system to meet the requirements of Part 2.2.3.5 of this permit must meet those limits as an instantaneous maximum.
Additionally, following installation of a BWTS, the master, owner, operator, agent, or person in charge of the vessel must maintain the BWTS in accordance with all manufacturer specifications. Furthermore, all treatment must be conducted in accordance with the BWTS manufacturer's instructions. The BWTS must be used prior to any discharge of ballast water to waters of the U.S, either at uptake, in tank, or during discharge according to the treatment system manufacturer's instructions. EPA notes that compliance with these provisions does not ensure compliance with applicable Coast Guard regulations found in 33 CFR Part 151.
The monitoring requirements in Part 2.2.3.5.1.1 apply to ballast water discharges from vessels employing ballast water treatment systems that are used to achieve the effluent limitations of Part 2.2.3.5. The monitoring is divided into three components. The first, in Part 2.2.3.5.1.1.2, is required of all vessels and generally requires monitoring equipment performance to assure the system is fully functional. Vessels conducting this monitoring also must adequately calibrate their equipment as required in Part 2.2.3.5.1.1.3. The second component, in Part 2.2.3.5.1.1.4 requires monitoring from all ballast water systems for selected biological indicators. The third component, in part 2.2.3.5.1.1.5 requires monitoring of the ballast water discharge itself for biocides and residuals to assure compliance with the effluent limitations established in part 2.2.3.5 of the permit, as applicable.
Ballast water treatment systems use physical and/or chemical processes, or a combination thereof, to achieve reductions in living organisms. The use of physical/chemical indicators of treatment performance verifies that the ballast water treatment system is operating according to the manufacturers' operating specifications. To assess the BWTS functionality, monitoring indicators of the BWTS functionality is required at least once per month for specific parameters that are applicable to your system. The required parameters to be monitored, with appropriate monitoring approaches are contained in Appendix J. For example, if your system uses a filter and chlorine dioxide, you must meet the requirements for systems using both filters and chlorine dioxide. If your system uses cavitation, UV, and hypochlorite generation, you must monitor conditions for all three treatment units. EPA expects that most ballast water treatment systems will make use of at least two physical and/or chemical processes.
Most ballast water treatment systems have control and self diagnostic equipment such as sensors that continuously measure treatment parameters to verify performance. The metrics to be monitored are based on common approaches used in ballast water treatment systems. As new approaches become commonly available, EPA will develop new monitoring parameters as appropriate.
At a minimum, all applicable sensors and other equipment must be calibrated annually. Additionally, all applicable sensors and other control equipment must be calibrated no less frequently than recommended by the sensor or other equipment manufacturer, or by the ballast water treatment system manufacturer or when warranted based on device drift from a standard or calibrated setting. EPA expects many sensor types (e.g., pH probes, TRO sensors, turbidity sensors) will need to be calibrated on a more frequent basis. Calibration of the sensors and equipment can be conducted on-board the vessel or they can be removed and shipped to the manufacturer or other vendor for calibration. During the period when the sensors are not installed (or otherwise inoperable thus significantly compromising the performance of the ballast water treatment system), the vessel must not discharge ballast water.
Once a ballast water treatment system is required to be installed onboard a vessel (see part 2.2.3.5.2 for applicability and timeframe for installation of such vessels), any ballast water discharges from such vessels will be subject to the effluent limitations in Part 2.2.3.5 of this permit. To ascertain compliance with the effluent limitation in that section, EPA is establishing the following biological indicator compliance monitoring. These samples can be taken by collecting a small volume sample from the ballast water discharge (consistent with the sampling guidance found in EPA's Generic Protocol for the Verification of Ballast Water Treatment Technology) and analyzing the sample for concentrations of certain biological indicator parameters. Analysis of concentrations of indicator organisms must include monitoring for the parameters in Table 2 below utilizing the methods in that table, or other EPA Part 136 methods as applicable.
Table 2: Indicator Organism Monitoring Parameters
| Measurement | Instrument or Analysis | EPA Method | Standard Method | ASTM | ISO | Other |
|---|---|---|---|---|---|---|
| Total heterotrophic bacteria | Plate counts | SM 9215 | ASTM D5465 | ISO 6222:1999 | ||
| E. coli | Selective substrate | EPA Method 1103.1 and 1603 | SM 9223B | ASTM D5392 - 93 | ISO 9308- 1:2000 | Colilert ® |
| Enterococci | Selective substrate | EPA Method 1106.1 and 1600 | SM 9230C | ASTM D5259 - 92(2006) | ISO 7899- 2:2000 | Enterolert ® |
Biological indicator compliance monitoring sampling of ballast water effluent must be conducted 2 times during the first year the system is installed or used for vessels with devices for which
high quality data are available. For vessels with high quality data, if sampling results are below permit limits for two consecutive events, the vessel owner/operator may reduce monitoring to one time per year after the first year. However, if the vessel owner/operator exceeds a permit limit on any sampling event, they must return to monitoring two times per year until they have two additional results below permit limits. For vessels for which high quality data are not available, monitoring must be conducted 4 times per year. For all vessels, one of those samples may be conducted as part a vessel's annual or other survey, and during the first year, one of those sampling events may be conducted as part of the installation of the system to ensure it is functioning properly. Records of the sampling and testing results must be retained onboard for a period of 3 years in the vessel's recordkeeping documentation consistent with Part 4.2. Each sample must be tested independently and the individual results must be reported and not averaged. Monitoring must be conducted at least 14 days apart from different discharge events.
Devices for which high quality data are available means either:
Many ballast water treatment systems produce or use biocides as an agent to reduce living organisms present in the ballast water tank. In order to be eligible for coverage under this permit, any ballast water treatment system must not use any biocide that is a 'pesticide' within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C §136 et seq .) unless that biocide has been registered for use in ballast water treatment under such Act. The requirement in the preceding sentence does not apply if such biocide is generated solely by the use of a 'device' on board the same vessel as the ballast water to be treated by the biocide, as the term 'device' is defined in the Federal Insecticide, Fungicide, and Rodenticide Act. In addition, if the ballast water treatment system uses or generates biocides and you will discharge ballast
water treated with biocides into waters subject to this permit, you must meet one of the following conditions to be eligible for permit coverage.
The discharge of biocides or residuals may not exceed the following instantaneous maximum limits expressed as micrograms per liter (µg/l).
Table 3: Maximum Ballast Water Effluent Limits for Residual Biocides
| Biocide or Residual | Limit (instantaneous maximum) |
|---|---|
| Chlorine Dioxide | 200 µg/l |
| Chlorine (expressed as Total Residual Oxidizers (TRO as TRC)) | 100 µg/l |
| Ozone (expressed as Total Residual Oxidizers (TRO as TRC)) | 100 µg/l |
| Peracetic Acid | 500 µg/l |
| Hydrogen Peroxide (for systems using Peracetic Acid) | 1,000 µg/l |
Any other biocides or derivatives may not exceed acute water quality criteria listed in EPA's 2009 National Recommended Water Quality Criteria, and any subsequent revision, at the point of ballast water discharge. This document can be found at: http://water.epa.gov/scitech/swguidance/standards/criteria/current/upload/nrwqc-2009.pdf. Tables summarizing the subsequent revisions can be found at: residuals or derivatives must also meet monitoring requirements under Part 2.2.3.5.1.1.1, and
http://water.epa.gov/scitech/swguidance/standards/criteria/current/. Discharges of biocide reporting and recordkeeping requirements in Part 2.2.3.5.1.1.6.
If the biocide used or produced by your system and its derivatives is not listed in the previous table or found in EPA's National Recommended Water Quality Criteria, you must notify EPA at least 120 days in advance of its use and provide any associated aquatic toxicity data for that biocide or its derivatives of which you are aware. EPA may impose additional limitations on a treatment system-specific basis, or require you to obtain coverage under an individual permit, if necessary. EPA may inform the vessel owner/operator of specific requirements. You may also seek coverage under an individual NPDES permit pursuant to Part 1.8.2 of this permit. You may not discharge the biocide at issue until you receive a response from EPA to your notification.
For vessels subject to Part 2.2.3.5.1.1.1, you must conduct monitoring of the vessel ballast water discharge for any residual biocides or derivatives used in the treatment process, in part to demonstrate compliance with the conditions in Part 2.2.3.5.1.1.5.1. For instance, if chlorine is the biocide used in the ballast water treatment, you must test for residual chlorine in the vessel ballast water discharge to see if it complies with the standards in Part 2.2.3.5.1.1.5.1.
In order to demonstrate that residual biocides or derivatives are in compliance with this permit, that substantial quantities of harmful byproducts are not produced, and provide EPA with needed information about system functionality, the vessel operator initially must take samples according to the following:
Table 4: Monitoring Schedule for Residual Biocides or Derivatives of the Residual Biocide
| Devices for which high quality type approval data are available | Devices for which high quality data are not available | |
|---|---|---|
| Initial Monitoring | 3 times in the first 10 discharge events (not to exceed a 180 day period) | 5 times in the first 10 discharge events (not to exceed a 180 day period) |
| Maintenance monitoring | 2 times per year | 4 times per year |
Devices for which high quality data are available means either:
Each sample must be tested independently and the individual results must be reported and not averaged. Samples must be tested as soon as possible after sampling, and may not be held longer than recommended for each tested constituent as given in 40 CFR Part 136. Sampling and testing shall be conducted using a sufficiently sensitive method according to 40 CFR Part 136 or may use an alternate method if allowed in Table 5 below.
Table 5: Residual Biocides and Biocide Derivative Monitoring Requirements
| Biocide | Analyte | Analytical Methods | Minimum Sample Volume | Sample Holding Time | MDL | Effluent Limit or Action | Limit Type |
|---|---|---|---|---|---|---|---|
| Alkylamines | Alkylamines | EPA Method 8360B and 8270D | 25 mL (8260B) | 14 days (8260B) | Varies by compound (8260D); 10 µg/L (8270C) | Report | NA |
| Chlorine or Chlorine dioxide | Chlorine dioxide | EPA Method 327.0-1; SM 4500 ClO 2 E | 16 mL (327.0-1) | 4 hours (327.0- 1); As soon as possible (SM) | Varies (327.0-1); 10 to 100 mg/L (SM) | 200 µg/L | Instantaneous Maximum |
|---|---|---|---|---|---|---|---|
| Chlorine or Chlorine dioxide | Total Residual Oxidizers (TRO) as Cl 2 | SM 4500- Cl G; ISO 7393/2 | 50 mL | 15 minutes | 10 µg/L, under ideal conditions | 100 µg/L | Instantaneous Maximum |
| Chlorine or Chlorine dioxide | Chlorite* | EPA Method 300.1 | 250 mL | 14 days | Varies | Report | NA |
| Chlorine or Chlorine dioxide | Chlorate* | EPA Method 300.1 | 250 mL | 28 days | Varies | Report | NA |
| Chlorine or Chlorine dioxide | Total trihalomethanes a* | EPA Method 8260 | 25 mL | 14 days | Varies | Report | NA |
| Chlorine or Chlorine dioxide | Haloacetic acids b* | EPA Method 552.2 | 40 mL | 14 days | Varies by compound | Report | NA |
| Menadione | Menadione | NA | Report | NA | |||
| Ozone | Total Residual Oxidizers (TRO) as Cl 2 | SM 4500- Cl G; ISO 7393/2 | 50 mL | 15 minutes | 10 µg/L, under ideal conditions | 100 µg/L | NA |
| Bromate* | EPA Method 317 ; EPA Method 300.1; ASTM D 6581-00 | 250 mL | 28 days (317; 300.1) | Varies (317; 300.1) | Report | NA | |
| Bromoform* | EPA Method 8260 | 25 mL | 14 days | Varies | Report | NA | |
| Total trihalomethanes a* | EPA Method 8260 | 25 mL | 14 days | Varies | Report | NA | |
| Haloacetic acids b* | EPA Method 552.2 | 40 mL | 14 days | Varies by compound | Report | NA | |
| Peracetic Acid | pH | SM 4500 H+ | 25 mL | As soon as possible | 6.5 - 9 s.u. | Instantaneous Maximum | |
| Peracetic Acid | Peracetic acid | Photometri c analysis (Pinkernell, 1997;EMD Chemicals, 2011; CHEMetric s 2010) | 25 mL | As soon as possible | 500 µg/L | Report | NA |
| Hydrogen peroxide/ | Titimetric analysis (JIS K 1463:2007; EMD Chemicals, 2011; CHEMetric s 2010)) | 25 mL | As soon as possible | 500 µg/L | Report | NA |
|---|---|---|---|---|---|---|
ISO: International Organization for Standardization
SM: Standard Methods
MDL: Method detection limit
NA: Not applicable
Records of sampling and testing results required under Part 2.2.3.5.1.1 must be retained onboard for a period of three years in the vessel's recordkeeping documentation. Vessels must also submit the testing results to EPA as part of the vessel's annual report (Appendix H) on the VGP ballast water DMR.
You must submit your monitoring data as part of your annual report. For systems already in use as of the effective date of this permit, initial sampling data must be submitted with the first annual report. For systems which are not already in use as of the effective date of this permit, initial sampling data must be submitted on the annual report following the calendar year of the system's first use. Data must be submitted on the Ballast Water Treatment System Report form attached to the annual report available in Appendix H of this permit or electronically submitted to EPA: the system is scheduled to be available at www.epa.gov/npdes/vessels/eNOI.
For those vessels whose design and construction safely allows for the transfer of ballast water to shore, if compatible onshore treatment for ballast water is available, the vessel owner/operator may use onshore treatment for any ballast water discharges to meet the requirements of 2.2.3.5. EPA notes that the lack of availability of adequate reception facilities is not an acceptable reason to discharge ballast water which does not meet the treatment requirements found in Part 2.2.3.5.1.1 into waters subject to this permit, and such discharges would therefore constitute a permit violation.
Any vessel owner/operator utilizing onshore treatment must ensure that all piping and supporting infrastructure up to the last manifold or valve immediately before the dock manifold connection of the receiving facility or similar appurtenance on a reception vessel are fully free from any leaks or other avenues whereby untreated ballast may be discharged into waters subject to this permit.
EPA notes that transferring ballast water to a treatment barge for eventual treatment and discharge could constitute 'on-shore treatment' for purposes of Part 2.2.3.5.1.2 The discharge of treated ballast water (transferred from other vessels) from a treatment barge is not eligible for coverage under the VGP as this is a discharge from an industrial operation, not a discharge incidental to the normal operation of a vessel. Instead, these vessels must apply for individual NPDES permit coverage from the appropriate NPDES permitting authority, generally the State in which they are operating.
Vessels may meet the requirements of Part 2.2.3.5 by using only water from a U.S. public water system or Canadian drinking water system (both referred to as 'PWS' in this permit), as defined in a) 40 CFR 141.2 and subject to the requirements of 40 CFR parts 141 and 143 or b) Health Canada's 'Guidelines on Canadian Drinking Water Quality,' as ballast water. Vessels using water from a PWS as ballast must maintain a record of which PWS they received the water and a receipt, invoice, or other documentation from the PWS indicating that water came from that system.
To avoid contamination of the ballast water tank, vessels using PWS water in any given tank as ballast must have:
Vessels utilizing water from a PWS as ballast water must certify in their recordkeeping documentation that they have met all the requirements of this section, including maintaining certification by the master or NOI certifier that one of the above conditions are met regarding contamination. For vessels that use PWS water in some ballast water tanks, but ambient treated water as ballast in others, records must clearly indicate which tanks use PWS water as ballast
versus those that use ambient treated water (or both), and indicate what measures the vessel operator has implemented to avoid cross contamination between tanks.
In the event a vessel that normally uses PWS water as ballast is forced for purposes of vessel safety to take on untreated ballast water from a sea, estuary, lake or river source, such vessel may not return to using PWS water until the tanks and supply lines have been cleaned, including removal of all residual sediments.
Vessels may meet the requirements of Part 2.2.3.5 of this permit by not discharging any ballast water into waters subject to this permit. EPA notes that any discharge of untreated ballast water, including for reasons of unscheduled voyages, loading of unexpected cargo, etc., do not qualify as an acceptable reason to discharge untreated ballast water into waters subject to this permit, and therefore constitute a permit violation. EPA notes that in the case of a shipboard emergency that endangers the safety of the vessel or its crew, ballast water may need to be pumped out quickly by bypassing the BWTS. In such cases, the provisions regarding the prohibition of bypassing treatment where unavoidable to prevent loss of life, personal injury of severe property damage may be applicable. See 40 CFR 122.41(m)(4)(A) and Part 1.13 of this permit.
Table 6 describes when BWTS will become the Best Available Technology Economically Achievable (BAT). Vessels must meet the requirements in Part 2.2.3.5.1 according to the schedule below in Table 6.
Table 6: Ballast Water Treatment to BAT Schedule
| Vessel's Ballast Water Capacity | Date Constructed | Vessel's Compliance Date | |
|---|---|---|---|
| New vessels | After December 1, 2013 | On delivery | |
| Existing vessels | Less than 1500m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2016 |
| Existing vessels | 1500-5000m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2014 |
| Existing vessels | Greater than 5000m 3 | Before December 1, 2013 | First scheduled drydocking after January 1, 2016 |
The following vessel types are not required to meet Part 2.2.3.5 ballast water management measures (however, note that these vessels must meet all other requirements of Part 2.2.3 of the permit). Additionally, EPA encourages vessels in these categories to use additional management measures to reduce the number of living organisms in their ballast water discharges, including use of any of the measures found in Part 2.2.3.5, use of potable water generators, or other measures to reduce the volume of their ballast water discharges:
Vessels engaged in short distance voyages means vessels that:
Unmanned, unpowered barges such as hopper barges are not required to meet the ballast water management measures of Part 2.2.3.5.
Existing Lakers built before January 1, 2009 confined exclusively to the Laurentian Great Lakes (i.e., existing vessels that operates upstream of the waters of the St. Lawrence River west of a rhumb line drawn from Cap de Rosiers to West Point, Anticosti Island, and west of a line along 63 W. longitude from Anticosti Island to the north shore of the St. Lawrence River) are not required to meet the requirements of Part 2.2.3.5.
Lakers built on or after January 1, 2009 must meet the treatment limits found in Part 2.2.3.5 of the permit.
Inland and Seagoing Vessels less than 1600 Gross Registered Tons (3000 Gross Tons) are not required to meet the numeric treatment limits in Section 2.2.3.5. Seagoing Vessels are defined in 33 CFR 151.2005. EPA encourages inland and seagoing vessels in this size class to use alternate measures to reduce the number of living organisms in their ballast water discharges.
Vessel owner/operators not subject to the requirements of Part 2.2.3.5 of the permit must meet the exchange and flushing requirements of this part as applicable. Ballast water exchange may not be used in lieu of meeting the numeric effluent limits in Part 2.2.3.5 of the permit once a vessel is required to meet these limits. Conversely, vessel owner/operators meeting the numeric effluent limits in Part 2.2.3.5 before they are required to do so by the implementation schedule in Part 2.2.3.5.2 are not required to meet the exchange and flushing requirements of Part 2.2.3.6.
Any vessel that carries ballast water that was taken on in areas less than 200 nautical miles from any shore that will subsequently operate beyond the Exclusive Economic Zone (EEZ) and more than 200 nm from any shore must carry out an exchange of ballast water for any tanks that will discharge ballast water into waters subject to this permit unless the vessel meets one of the exemptions in Part 2.2.3.6.6.
This exchange must be conducted in compliance with the following standards prior to discharging ballast water into waters subject to this permit:
Unless the vessel meets one of the exemptions in Part 2.2.3.6.6, any vessel engaged in Pacific nearshore voyages that carries ballast water that was taken on in areas less than 50 nautical miles from any shore must carry out an exchange of ballast water in accordance with this Part before discharging from any tanks that carry ballast water into waters subject to this permit if the vessel travels through more than one COTP zone as listed in 33 CFR Part 3 or the vessel crosses international boundaries.
Vessels engaged in Pacific nearshore voyages are:
Ballast water exchange for vessels subject to this part must occur in waters more than 50 nautical miles from any shore (US or otherwise), and in waters more than 200 meters deep, prior to discharging ballast water into waters subject to this permit. Exchange should occur as far from the shore, major estuary and oceanic river plumes, subsurface physical features (e.g. seamounts), and known fishery habitats as practicable. Vessels engaged in voyages that take them further than 200 nm from any shore and who will remain outside 200 nm for a sufficient period to conduct exchange, are not allowed to exchange ballast water between 50 and 200 nm from shore to meet the requirements of Part 2.2.3.6.1 (unless the master determines that exchange farther than 200 nm from shore would interfere with essential vessel operations or safety of the vessel but the master determines that the vessel is able to safely exchange more than 50 nm from shore) and instead, must conduct exchange more than 200 nm from shore in accordance with Part
2.2.3.6.1 of this permit. Vessels engaged in Pacific Nearshore Voyages who are not outside 200 nm for a sufficient period to conduct exchange may conduct exchange outside 50 nm (even if they voyage beyond 200 nm) to meet the requirements of this part.
For vessels that travel between more than one COTP Zone while undertaking voyages described in Part 2.2.3.6.1 and which either reported No Ballast on Board (NOBOB) in accordance with Coast Guard regulations or which have any ballast water tank that is empty or contains unpumpable residual water, you must follow the applicable requirements in Part 2.2.3.6.1 for those tanks with ballast water. EPA notes that when the term 'empty' tank is used, the Agency is also referring to tanks that contain unpumpable residual water. For those tanks which are empty or contain unpumpable residual water, you must either seal the tank so that there is no discharge or uptake and subsequent discharge of ballast water within waters subject to this permit or conduct saltwater flushing of such tanks in an area 200 nm from any shore prior to the discharge or uptake and subsequent discharge of any ballast water to any waters subject to this permit, unless you meet one of the exemptions in Part 2.2.3.6.6. For the purposes of Part 2.2.3.6.3, saltwater flushing means the addition of mid-ocean water to empty ballast water tanks; the mixing of the added water with residual ballast water and sediment through the motion of the vessel; and the discharge of the mixed water until loss of suction, such that the resulting residual water remaining in the tank has either a salinity greater than or equal to 30 parts per thousand or a salinity concentration equal to the ambient salinity of the location where the uptake of the added water took place. In order to conduct saltwater flushing, the vessel should take on as much mid-ocean water into each tank as is safe (for the vessel and crew).
For all vessel owner/operators subject to this section that contain some empty ballast water tanks and some full ballast water tanks, if you elect to seal those empty tanks, you must not allow water that will be discharged into waters subject to this permit to commingle with waters from the empty tanks if you have not conducted saltwater flushing as specified above.
Unless the vessel meets one of the exemptions in Part 2.2.3.6.6, any vessel engaged in Pacific Nearshore Voyages as defined in Part 2.2.3.6.2 which the owner/operator has reported as having No Ballast on Board in accordance with Coast Guard regulations, or which have any ballast water tank that is empty or contains unpumpable residual water, must follow the applicable requirements in Part 2.2.3.6.2 for those tanks with ballast water and Part 2.2.3.6.4.1 for those tanks which are empty or contain unpumpable residual water.
For those tanks which are empty or contain unpumpable residual water, you must either seal the tank so that there is no discharge or uptake and subsequent discharge of ballast water within waters subject to this permit or conduct saltwater flushing of such tanks in an area 50 nm from any shore and in waters at least 200 meters deep prior to the discharge or uptake and subsequent
discharge of any ballast water to or from any waters subject to this permit. For purposes of Part 2.2.3.6.4, saltwater flushing means the addition of water from the 'coastal exchange zone' to empty ballast water tanks; the mixing of the flush water with residual water and sediment through the motion of the vessel; and the discharge of the mixed water, such that the resulting residual water remaining in the tank has either a salinity greater than or equal to 30 parts per thousand or a salinity concentration equal to the ambient salinity of the location where the uptake of the added water took place. In order to conduct saltwater flushing, the vessel should take on as much coastal exchange zone water into each tank as is safe (for the vessel and crew).
Vessels engaged in voyages that take them further than 200 nm from any shore and who will remain outside 200 nm for a sufficient period to flush ballast water, are not allowed to exchange ballast water between 50 and 200 nm from shore to meet the requirements of Part 2.2.3.6.3 (unless the master determines that flushing farther than 200 nm from shore would interfere with essential vessel operations or safety of the vessel but the master determines that the vessel is able to safely flush more than 50 nm from shore) and instead, must conduct flushing more than 200 nm from shore in accordance with Part 2.2.3.6.3 of this permit. Vessels engaged in the coastwise trade who are not outside 200 nm for a sufficient period to conduct flushing may flush outside 50 nm (even if they voyage beyond 200 nm) to meet the requirements of this permit.
For all vessel owner/operators subject to this part that contain some empty ballast water tanks and some full ballast water tanks, if you elect to seal those empty tanks, you must not allow water from the full tanks to commingle with waters from the empty tanks if it will subsequently be discharged into waters subject to this permit.
Vessels referenced in Parts 2.2.3.6.1, 2.2.3.6.2, 2.2.3.6.3, and 2.2.3.6.4 may not discharge unexchanged or untreated ballast water or sediment in waters subject to this permit referenced in Appendix G. These waters include all National Parks and National Marine Sanctuaries.
The operator or master of a vessel may elect not to exchange ballast water (or not conduct saltwater flushing if applicable) if the vessel meets one of the following conditions:
Additionally, except for vessels entering the Great Lakes or into Appendix G waters, a vessel is not required to deviate from its voyage, or delay the voyage to conduct ballast water exchange or saltwater flushing.
In addition to complying with the requirements of this permit, all vessels that are equipped to carry ballast water and enter the Great Lakes must comply with 33 CFR Part 151, Subpart C. Vessels that operate outside the EEZ and more than 200 nm from any shore and then enter the Great Lakes via the Saint Lawrence Seaway System must also comply with 33 CFR Part 401.30. Vessels that are unable, due to weather, equipment failure, or other extraordinary condition, to effect a BWE before entering the EEZ prior to entering the Great Lakes, must employ another method of ballast water management listed in 33 CFR 151.1510 or otherwise comply with the provisions of 33 CFR 151.1515.
Additionally, vessels utilizing a ballast water treatment system (see Part 2.2.3.5.1.1 of the permit) must also conduct ballast water exchange or saltwater flushing (as applicable) in addition to treating their ballast water if they meet the following requirements:
If a vessel affected by these requirements has not taken on ballast water with a salinity of less than 18 parts per thousand in the previous month, the master of the vessel must certify to this effect in their ballast water recordkeeping requirements before entering the Great Lakes.
Owner/operators of vessels are not required to meet the requirements of Parts 2.2.3.5 (except Parts 2.2.3.5.1.1.5 and 2.2.3.5.1.1.6) and 2.2.3.6 of this permit if either:
Owner/operators of these vessels are required to meet the requirements of Parts 2.2.3.5.1.1.5 and 2.2.3.5.1.1.6 of this permit.
At the time of initial application or scheduled reapplication of anti-fouling coatings, you must give consideration, as appropriate for vessel class and vessel operations, to the use of hull coatings with the lowest effective biocide release rates, rapidly biodegradable components (once separated from the hull surface), or non-biocidal alternatives, such as silicone coatings.
Some ports and harbors are impaired by copper, a biocide used commonly in anti-foulant paints. These waters include Shelter Island Yacht Basin in San Diego, California, and waters in and around the ports of Los Angeles/Long Beach. A complete list of such waters may be found at www.epa.gov/npdes/vessels. When vessels spend considerable time in these waters (defined as spending more than 30 days per year), or use these waters as their home port (i.e., house boats, ferries or rescue vessels), vessel owners/operators shall consider using anti-fouling coatings that rely on a rapidly biodegradable biocide or another alternative rather than copper-based coatings. If after consideration of alternative biocides, vessel operators continue to use copper-based antifoulant paints, they must document in their recordkeeping documentation how this decision was reached.
The discharge of Tributyltin (TBT) from any source (whether used as a biocide or not) or any other organotin compound used as a biocide is prohibited by this permit. Therefore, vessel owners/operators covered by this permit have a zero discharge standard for TBT (whether or not used as a biocide) or any other organotin compound used as a biocide. You may not use an antifoulant coating containing TBT or any other organotin compound used as a biocide. If the vessel has previously been covered with a hull coating containing TBT (whether or not used as a biocide) or any other organotin compound used as a biocide, vessels must be effectively overcoated so that no TBT or other organotin leaches from the vessel hull or the TBT or other organotin coating must have been removed from the vessel's hull.
When used as a catalyst, an organotin compound other than TBT (e.g., dibutyltin) is not to be present above 2500 mg total tin per kilogram of dry paint. Furthermore, the coating shall not be designed to slough or otherwise peel from the vessel hull. Incidental amounts of coating discharged by abrasion during cleaning or after contact with other hard surfaces (e.g., moorings) are not prohibited.
Discharges of AFFF are authorized for emergency purposes when needed to ensure the safety and security of the vessel and crew.
For vessels that sail outside of the territorial sea more than once per month, maintenance and training discharges of fluorinated AFFF are not authorized within waters subject to this permit (i.e., any such discharges should be collected and stored for onshore disposal or scheduled when the vessel is outside such waters). Discharge volumes associated with regulatory certification and inspection must be minimized and a substitute foaming agent (i.e., non-fluorinated) must be used if possible within waters subject to this permit.
For vessels that do not leave the territorial sea more than once per month, if vessel maintenance and training discharges are required, AFFF must be collected and stored for onshore disposal unless the vessel uses a non-fluorinated or alternative foaming agent. Training should be conducted as far from shore as is practicable. Maintenance and training discharges are not allowed in port.
For all vessels, AFFF discharges may not occur in or within 1 nm of a water referenced in Appendix G unless they are discharged:
If emergency AFFF discharges occur in waters referenced in Appendix G, a written explanation must be kept in the ship's log or other vessel recordkeeping documentation consistent with Part 4.2 of this permit.
You must minimize the discharge of boiler/economizer blowdown in port if chemicals or other additives are used to reduce impurities or prevent scale formation. For vessels greater than 400 gross tons which leave the territorial sea at least once per week, boiler/economizer blowdown may not be discharged in waters subject to this permit, unless:
For all vessels, boiler/economizer blowdown may not be discharged in waters referenced in Appendix G except for safety purposes. Furthermore, boiler/economizer blowdown should be discharged as far from shore as practicable.
Cathodic protection must be maintained to prevent the corrosion of the ship's hull. The discharge of zinc, magnesium, and aluminum are expected from properly functioning cathodic protection sacrificial electrodes. However, vessel operators must minimize the flaking of large, corroded portions of these anodes. Sacrificial anodes must not be used more than necessary to adequately prevent corrosion of the vessel's hull, sea chest, rudder, and other exposed areas of the vessel. Vessel operators must appropriately clean and/or replace these anodes during periods of maintenance (such as drydocking), so that release of these metals to waters is minimized. Furthermore, when feasible, sacrificial anodes should be flush-fitted to the hull, or vessel operators must fill the space between the anode and hull backing to remove the potential for hotspots for fouling organisms.
Vessel operators should note that magnesium is less toxic than aluminum and aluminum is less toxic than zinc. If vessel operators use sacrificial electrodes, they must select electrode devices with metals that are less toxic to the extent technologically feasible and economically practicable and achievable. For vessels that spend the majority of their time in freshwater, if aluminum or zinc is selected, the vessel owner/operator must document in their recordkeeping documentation why the use of magnesium is not appropriate. Likewise, for vessels that spend the majority of their time in saltwater, if vessel zinc is selected, the vessel owner/operator must document why aluminum is not selected. The documentation requirement is applicable after the vessel's first drydocking after December 19, 2013 (e.g., if the vessel drydocks in 2015, the requirement is applicable for that vessel starting in 2015).
EPA recommends, particularly for new vessels, the use of Impressed Current Cathodic Protection (ICCP) in place of or to reduce the use of sacrificial electrodes when technologically feasible (e.g., adequate power sources, appropriate for vessel hull size and design), safe, and adequate to protect against corrosion. If vessel operators use ICCP, they must maintain dielectric shields to prevent flaking.
The anchor chain must be carefully and thoroughly washed down (i.e., more than a cursory rinse) as it is being hauled out of the water to remove sediment and marine organisms. In addition, chain lockers must be cleaned thoroughly during dry-docking to eliminate accumulated sediments and any potential accompanying pollutants. For vessels that regularly sail outside waters subject to this permit (at least once per month), if technically feasible, periodically clean, rinse, and/or pump out the space beneath the chain locker prior to entering waters subject to this permit (preferably mid-ocean) if the anchor has been lowered into any nearshore waters. Furthermore, for vessels that leave waters subject to this permit at least once per month, chain lockers shall not be rinsed or pumped out in waters subject to this permit, unless not emptying them would compromise safety. Such a safety claim must be documented in the vessel's recordkeeping documentation consistent with Part 4.2.
The protective seals on controllable pitch propellers, azimuth thrusters, propulsion pods, rudder bearings, or any other oil-to-sea interfaces must be maintained in good operating order to minimize the leaking of hydraulic oil or other oils. The vessel owner/operator must not discharge oil in quantities that may be harmful as defined in 40 CFR Part 110 from any oil-to-sea interface. If possible, maintenance activities on controllable pitch propellers, thrusters, and other oil-to-sea interfaces should be conducted when a vessel is in drydock.
Minimize maintenance activities on stern tube seals when a vessel is outside of drydock. If maintenance or emergency repair must occur on stern tubes or other oil-to-sea interfaces which have a potential to release oil in quantities that may be harmful as defined in 40 CFR Part 110, appropriate spill response equipment (e.g., oil booms) must be used to contain any oil leakage. Operators of the vessel must have ready access to spill response resources to clean up any oil spills.
After applying lubrication to wire rope and mechanical equipment subject to immersion, wire ropes, and other equipment must be thoroughly wiped down to remove excess lubricant unless doing so is deemed unsafe by the Master of the vessel.
All vessels must use an EAL in all oil to sea interfaces, unless technically infeasible. 'Environmentally acceptable lubricants' means lubricants that are 'biodegradable' and 'minimally-toxic' and are 'not bioaccumulative' as defined in Appendix A of this permit. For purposes of requirements related to EALs, technically infeasible means that no EAL products are approved for use in a given application that meet manufacturer specifications for that equipment, products which come pre- lubricated (e.g., wire ropes) have no available alternatives manufactured with EALs, products meeting a manufacturers specifications are not available within any port in which the vessel calls, or change over and use of an EAL must wait until the vessel's next drydocking.
If a vessel is unable to use an EAL, you must document in your recordkeeping documentation consistent with Part 4.2 why you are unable to do so, and must report the use of a nonenvironmentally acceptable lubricant to EPA in your Annual Report. Use of an environmentally acceptable lubricant does not authorize the discharge of any lubricant in a quantity that may be harmful as defined in 40 CFR Part 110.
EPA recommends that all new build vessel operators endeavor to use seawater-based systems for their stern tube lubrication to eliminate the discharge of oil from these interfaces to the aquatic environment.
Brine from the distillation system and reverse osmosis reject water shall not contain or come in contact with machinery or industrial equipment (other than that necessary for the production of potable water), toxic or hazardous materials, or wastes.
Discharges of untreated elevator pit effluent are not authorized within waters subject to this permit except in cases of emergency. Elevator pit effluent may be discharged into waters subject to this permit if it is managed with the vessel's bilgewater and meets all the requirements of Part 2.2.2 of this permit. Otherwise, it must be treated with an oily-water separator and discharged with an oil content below 15 ppm for existing vessels, as measured by EPA Method 1664 or other appropriate method for determination of oil content as accepted by the IMO (e.g., ISO Method 9377) or U.S. Coast Guard. Emergency discharges must be documented in the ship's log or other vessel recordkeeping documentation consistent with Part 4.2.
Discharges from firemain systems are authorized for emergency purposes to ensure the safety and security of the vessel and her crew, other emergency situations, and testing and inspections of the firemain systems in order to assure its operability in an emergency. Firemain systems may be discharged in port for certification, maintenance, and training requirements if the intake comes directly from the surrounding waters or potable water supplies and there are no additions (e.g., AFFF) to the discharge. Furthermore, firemain systems may be used for deck washdown or other secondary uses if the intake comes directly from the surrounding waters or potable water supplies and the discharge meets all relevant effluent limitations associated with that activity. When feasible, maintenance and training should be conducted outside port and/or outside waters subject to this permit.
The vessel owner/operator shall not discharge firemain systems in waters listed in Appendix G except in emergency situations or when washing down the anchor chain to comply with anchor wash down requirements in Part 2.2.8.
Minimize the amount of disinfection or biocidal agents used in freshwater layup to the minimum required to prevent aquatic growth.
Gas turbine washwater must not be directly discharged within waters subject to this permit. Where feasible, gas turbine washwater must be prevented from commingling with bilgewater that will be discharged in waters subject to this permit, for example by collecting it separately and properly disposing of it at an onshore facility. Under no circumstances may oils, including oily mixtures, from gas turbine washwater be discharged into waters subject to this permit in quantities that may be harmful as determined in accordance with 40 CFR Part 110.
All vessels must minimize the discharge of graywater while in port. For those vessels that cannot store graywater, the owner or operator and their crews must minimize the production of graywater in port. Examples of ways to minimize production of graywater include delaying laundry, scullery activities, and restricting length of showers while in port, and using high efficiency faucets and showerheads. All vessels that have the capacity to store graywater shall not discharge it in waters listed in Appendix G. For vessels that cannot store graywater, vessel operators must minimize the production of graywater while in waters listed in Appendix G.
For vessels greater than 400 gross tons that regularly travel more than 1 nm from shore that have the capacity to store graywater for a sufficient period, graywater must be discharged greater than 1 nm from shore while the vessel is underway, unless the vessel meets the treatment standards and other requirements contained under Parts 5.1.1 and 5.1.2 or 5.2.1 and 5.2.2 of this permit. Additional specific requirements for graywater apply to cruise ships (Parts 5.1 and 5.2) and large ferries (Part 5.3).
Vessels that do not travel more than 1 nm from shore shall minimize the discharge of graywater and, provided the vessel has available graywater storage capacity, must dispose of graywater onshore if appropriate facilities are available and such disposal is economically practicable and achievable unless the vessel meets the treatment standards and other requirements contained under Parts 5.1.1 and 5.1.2 or 5.2.1 and 5.2.2 of this permit. You must also minimize the discharge of graywater when the vessel is not underway.
If graywater will be discharged in waters subject to this permit, the introduction of kitchen oils to the graywater system must be minimized. When cleaning dishes, you must remove as much food and oil residue as practicable before rinsing dishes. Excess oils used in cooking, including animal fats and vegetable oils, shall not be added to the graywater system. Under no circumstances may oil from the galley and scullery be discharged in quantities that may be harmful as defined in 40 CFR Part 110.
Vessel owners/operators must use phosphate-free and minimally-toxic soaps and detergents, as defined in Appendix A of this permit, for any purpose if graywater will be discharged into waters subject to this permit. Soaps and detergents must be free from toxic or bioaccumulative compounds and not lead to extreme shifts in receiving water pH. For purposes of this part, extreme shifts means causing pH to fall below 6.0 or rise above 9.0 as a direct result of the discharge.
If your vessel is underway in a nutrient-impaired water, or a water that is impaired as a result of nutrient enrichment (such as waters listed as impaired for phosphorus, nitrogen, or for hypoxia or anoxia [low dissolved oxygen concentrations]), you must follow these additional requirements:
When the vessel has adequate graywater storage capacity, the vessel owner/operator shall not discharge graywater into nutrient-impaired waters subject to this permit (e.g., the Chesapeake Bay). A complete list of such waters can be found at www.epa.gov/npdes/vessels. Where the vessel does not have adequate storage capacity to eliminate such discharges, graywater production and discharge must be minimized in such waters. Any such discharge must be
conducted while the vessel is underway in areas with significant circulation and depth to the extent feasible. Graywater stored while in such waters can later be disposed of onshore or discharged in accordance with the other requirements of this permit.
Any vessel operating on the Great Lakes that is not a 'commercial vessel' as defined in CWA section 312(a)(10) must meet one of the following requirements for graywater management:
Vessels subject to this part must conduct monitoring required under Part 2.2.15.2 to demonstrate treatment equipment maintenance and compliance with the limits of this part. Records of the sampling and analysis results must be retained onboard for at least 3 years in the vessel's recordkeeping documentation consistent with Part 4.2 of this permit.
The following monitoring requirements are applicable to vessels which discharge graywater into waters subject to this permit and meet one of the following conditions:
Vessel owners/operators must collect and analyze two samples per year, collected at least 14 days apart, and report the results of those samples as part of their Annual Report. Samples must be taken for Biochemical Oxygen Demand (BOD), fecal coliform, suspended solids, pH, and total residual chlorine. Vessel owner/operators may choose to conduct monitoring for e. coli in lieu of fecal coliform. Fecal Coliform or e. coli must only be analyzed once per year if vessels have difficulty analyzing the results within recommended holding times. Sampling and testing shall be conducted according to 40 CFR Part 136. If the vessel is subject to Part 2.2.15.1, measured samples must meet the standards specified in that part. Records of monitoring information shall include:
Vessels subject to this part must note whether the graywater effluent is treated or untreated, and also note whether the effluent is graywater alone or if it is mixed with another effluent type (e.g., graywater mixed with sewage). Records of the sampling and testing results must be retained onboard for at least 3 years in the vessel's recordkeeping documentation consistent with Part 4.2.
Vessels which do not enter waters subject to this permit for the calendar year need not conduct monitoring for that year, but must clearly indicate on their Annual Report that they did not enter waters subject to this permit during that year.
The discharge of motor gasoline and compensating effluent must not have oil in quantities that may be harmful as defined in 40 CFR §110.3, which includes discharges resulting in a visible sheen, or an oil concentration that exceeds 15 ppm. Determination of oil concentration may be measured by EPA Method 1664 or other appropriate method for determination of oil content as accepted by the IMO (e.g., ISO Method 9377) or U.S. Coast Guard. Compliance with the 15 ppm oil concentration limitation may be established with visual monitoring for an oily sheen. Minimize discharge of motor gasoline and compensating discharge in port. If an oily sheen is observed, the vessel operator must deploy appropriate oil containment practices. Vessels shall not discharge motor gasoline and compensating discharge in waters subject to this permit listed in Appendix G.
If discharged directly overboard, non-oily machinery wastewater, technical water, or potable water must be free from oils in quantities that may be harmful pursuant to 40 CFR Part 110 and any additives that are toxic or bioaccumulative in nature. Non-oily machinery wastewater may also be drained to the bilge.
Any discharge of packing gland or stuffing box effluent must not contain oil, including oily materials, in quantities that may be harmful. These discharges must not produce a visible sheen of oil or oily materials.
You must not allow refrigeration and air condensate discharge to come into contact with oily or toxic materials if it is discharged directly overboard. Refrigeration and air conditioning condensate that is collected and plumbed for internal recycling (e.g., recycled as 'technical
water') is allowed to commingle with oily water; however, the commingled discharge must meet all requirements of Part 2.1.4 of this permit and Part 2.2.2 of this permit if applicable.
When possible, non-contact engine cooling water, hydraulic system cooling water, refrigeration cooling water and other seawater cooling overboard discharges should occur when the vessel is underway to minimize any thermal impacts to the receiving water.
To reduce the production and discharge of seawater cooling overboard discharge, EPA recommends that vessel owner/operators use shore-based power when the vessel is in port if:
Maintenance of all piping and seawater cooling systems must meet the requirements of Part 2.2.20 (Seawater-Piping Biofouling Prevention).
Seawater piping biofouling chemicals subject to FIFRA registration (see 40 CFR §152.15) must be used in accordance with their FIFRA label. No pesticides or chemicals banned for use in the United States may be discharged into waters subject to this permit.
Vessel owner/operators must use the minimum amount of biofouling chemicals needed to keep fouling under control. Discharges containing active agents must contain as little chlorine as possible.
Vessel owner/operators must remove fouling organisms from seawater piping on a regular basis and dispose of removed substances in accordance with local, state, and federal regulations. Removed fouling organisms shall not be discharged into waters subject to this permit and EPA recommends that if discharged into any waters, should be discharged more than 50 nm from shore. Vessel owner/operators should remove any organisms while at sea where technically feasible to reduce the risk of invasive species introduction in ports.
Vessel engines generating wet exhaust must be maintained in good operating order, well tuned, and function according to manufacturer specifications to decrease pollutant contributions to wet exhaust. Vessel owner/operators should use low sulfur or alternative fuels for their vessels to reduce the concentration of pollutants in discharges from boat engine wet exhaust.
EPA encourages vessel operators to consider four stroke engines instead of two stroke engines for vessels generating wet exhaust that are covered under this permit. Use of a four stroke engine may minimize the discharge of pollutants to waters subject to this permit. Where vessels utilize two stroke engines, environmentally acceptable lubricants (as defined in Appendix A of this permit) must be used unless technologically infeasible. If technologically infeasible, the vessel owner/operator must document in their recordkeeping documentation why they are not using environmentally acceptable lubricants.
The water inside the sonar dome shall not be discharged into waters subject to this permit for maintenance purposes. Vessel operators should not use biofouling chemicals that are bioaccumulative for the exterior of sonar domes when non-bioaccumulative alternatives are available.
Vessel owners/operators must minimize the transport of attached living organisms when traveling into U.S. waters from outside the U.S. economic zone or between Captain of the Port (COTP) zones. Management measures to minimize the transport of attached living organisms include selecting an appropriate anti-foulant management system and maintaining that system, in water inspection, cleaning, and maintenance of hulls, and thorough hull and other niche area cleaning when a vessel is in drydock.
Whenever possible, rigorous hull-cleaning activities should take place in drydock, or at a landbased facility where the removal of fouling organisms or spent antifouling coatings paint can be contained. If water-pressure-based systems are used to clean the hull and remove old paint, you must use facilities which treat the washwater prior to discharging to waters subject to this permit in order to remove the antifouling compound(s) and fouling growth from the washwater. If mechanical means (scraping, etc.) are used to clean the hull and remove old paint, the materials removed from the hull during that process must be collected and disposed of properly (e.g., onshore). These materials must not be allowed to contaminate nearby waters.
Vessel owners/operators who remove fouling organisms from hulls while the vessel is waterborne must employ methods that minimize the discharge of fouling organisms and antifouling hull coatings. These shall include:
Vessel owners/operators must minimize the release of copper-based antifoulant paints during vessel cleaning operations. Cleaning of hull surfaces coated with copper-based antifoulant paint must not result in any visible cloud or plume of paint in the water; if a visible cloud or plume of
paint develops, shift to a softer brush or less abrasive cleaning technique. A plume or cloud of paint can be noted by the presence of discoloration or other visible indication that is distinguishable from hull growth or sediment removal. Production of a plume or cloud of sediment or hull growth is normal in some cases during vessel hull cleaning, but this plume or cloud must be substantially paint free (e.g., paint should not be clearly identifiable in the plume or cloud). When feasible, attempts must be made to minimize the release of fouling organisms and antifouling systems (including copper-based coatings) into surrounding waters.
Vessels that use copper-based anti-fouling paint must not clean the hull in copper-impaired waters within the first 365 days after paint application unless there is a significant visible indication of hull fouling. EPA maintains a list of copper-impaired waters on its webpage at www.epa.gov/npdes/vessels. If you clean before 365 days after paint application in copperimpaired waters, you must document in your recordkeeping documentation why this early cleaning was necessary.
Welldeck discharges that contain graywater from smaller vessels should not be discharged within waters subject to this permit except in cases of emergency. Welldeck discharges from washdown of gas turbine engines may not be discharged within waters subject to this permit. Welldeck discharges from equipment and vehicle washdowns must be free from garbage and must not contain oil in quantities that may be harmful as defined in 40 CFR Part 110.
The commingled discharge of graywater mixed with sewage from vessels must comply with the effluent limits for graywater discharge in Part 2.2.15 or Part 5 of this permit if applicable. Though not a requirement of this permit, vessel owner/operators are advised that all discharges commingled with sewage must meet the requirements set forth in section 312 of the CWA and its implementing regulations found at 40 CFR Part 140 and 33 CFR Part 159. Hence, discharges of graywater mixed with sewage must meet both standards to be in compliance with the CWA.
Exhaust gas scrubber washwater discharge must not contain oil, including oily mixtures, in quantities that may be harmful as determined in accordance with 40 CFR Part 110. Sludge or residues generated in treating exhaust gas scrubber washwater discharge must not be discharged in waters subject to this permit and must be delivered ashore to adequate reception facilities.
In addition, owner/operators of vessels with exhaust gas cleaning systems that result in washwater discharges must meet the numeric effluent limits found in Part 2.2.26.1 and the monitoring requirements found in Part 2.2.26.2 this permit. These limits are consistent with the IMO washwater guidelines set forth in section 10 for Exhaust Gas Cleaning (EGC) Systems (resolution MEPC.184(59)). Among other things, these guidelines recommend the establishment of limits for concentrations of pollutants in the effluent.
The discharge of washwater from the exhaust gas scrubber treatment system must have a pH of no less than 6.0 measured at the ship's overboard discharge, with the exception that during maneuvering and transit, the maximum difference between inlet and outlet of 2.0 pH units is allowed. This difference is to be measured at the ship's inlet and overboard discharge.
The maximum continuous PAH concentration in the washwater must not be greater than 50 μg/L PAHphe (phenanthrene equivalence) above the inlet water PAH concentration for washwater flow rates normalized to 45 t/MWh. MWh refers to the maximum continuous rating (MCR) or 80 percent of the power rating of the fuel oil combustion unit. For the purposes of this criterion, the PAH concentration in the washwater must be measured downstream of the water treatment equipment, but upstream of any washwater dilution or other reactant dosing unit, if used, prior to discharge.
The 50μg/L limit is adjusted upward for lower washwater flow rates per MWh, and vice -versa, and the applicable permit limits are contained in Table 7.
Table 7: PAH Permit Limits in Exhaust Gas Scrubber Discharge
| Flow Rate (t/MWh) | Discharge Concentration Limit (μg/L PAHphe equivalents) | Measurement Technology |
|---|---|---|
| 0 - 1 | 2,250 | Ultraviolet Light |
| 2.5 | 900 | Ultraviolet Light |
| 5 | 450 | Fluorescence 2 |
| 11.25 | 200 | Fluorescence |
| 22.5 | 100 | Fluorescence |
| 45 | 50 | Fluorescence |
| 90 | 25 | Fluorescence |
For a 15-minute period in any 12-hour period, the continuous PAH concentration limit may exceed the limit described above by 100 percent. This is to allow for an abnormal start up of the exhaust gas scrubber unit.
The washwater treatment system must be designed to minimize suspended particulate matter, including heavy metals and ash. The maximum turbidity (monitored continuously) in washwater must not be greater than 25 FNU (formazin nephelometric units) or 25 NTU (nephelometric turbidity units) or equivalent units, above the inlet water turbidity. However, during periods of
2 For any flow rate greater than 2.5 t/MWh fluorescence technology should be used.
high inlet turbidity, the precision of the measurement device and the time lapse between inlet measurement and outlet measurement are such that the use of a difference limit is unreliable. Therefore, all turbidity difference readings must be a rolling average over a 15-minute period to a maximum of 25 FNU or NTU. For the purposes of this criterion, the turbidity in the washwater must be measured downstream of the water treatment equipment but upstream of washwater dilution (or other reactant dosing) prior to discharge. For a maximum of one 15-minute period within any 12-hour period, the continuous turbidity discharge limit may be exceeded by 20 percent.
The washwater treatment system must prevent the discharge of nitrates, plus nitrites beyond that associated with a 12 percent removal of NOx from the exhaust, or beyond 60 mg/l normalized for washwater discharge rate of 45 tons/MWh, whichever is greater. MWh refers to the MCR or 80 percent of the power rating of the fuel oil combustion unit. For the purposes of this criterion, the nitrate concentration in the washwater must be measured downstream of the water treatment equipment, but upstream of any washwater dilution or other reactant dosing unit, if used, prior to discharge.
The 60-mg/L limit is adjusted upward for lower washwater flow rates per MWh, and vice-versa, and the applicable permit limits are contained in Table 8.
Table 8: Nitrates + Nitrites Permit Limits in Exhaust Gas Scrubber Discharge
| Flow Rate (t/MWH) | Discharge Concentration Limit (mg/L nitrate + nitrite) |
|---|---|
| 0 - 1 | 2,700 |
| 2.5 | 1,080 |
| 5 | 640 |
| 11.25 | 240 |
| 22.5 | 120 |
| 45 | 60 |
| 90 | 30 |
The data recording system must comply with the guidelines in sections 7 and 8 of MEPC.184(59) and must continuously record pH, PAH (as available), and turbidity. The vessel owner/operator must continuously monitor for PAH discharges where continuous monitoring technologies (e.g., probes/analyzers) are available (availability should include the technology's robustness, reliability and ability to perform over for a minimum of two years). When the EGC system is operated in waters subject to this permit, the washwater monitoring and recording must be continuous. The values monitored and recorded must include pH, PAH (as available), turbidity, and temperature.
The pH electrode and pH meter must have a resolution of 0.1 pH units and temperature compensation. The electrode must comply with the requirements defined in BS 2586 or of equivalent or better performance and the meter should meet or exceed BS EN ISO 607462:2003.
The PAH monitoring equipment must be capable of monitoring PAH in water in a range of at least twice the discharge concentration limit given in the table above. A demonstration must be made that the equipment operates correctly and does not deviate more than 5 percent in washwater with turbidity within the working range of the application. For those applications discharging at lower flow rates and higher PAH concentrations, ultraviolet light monitoring technology or equivalent should be used due to its reliable operating range.
The turbidity monitoring equipment must meet requirements defined in ISO 7027:1999 or USEPA 180.1.
All continuous monitoring equipment must be calibrated as recommended by probe manufacturers or Exhaust Gas scrubber manufacturers. At a minimum, all probes must be calibrated at least annually. EPA expects many probe types (e.g., turbidity probes) will need to be calibrated on a more frequent basis.
In addition to the continuous monitoring found in Part 2.2.26.2.1 of this permit, vessel owner/operators must collect and analyze two samples in the first year of permit coverage or system operation, whichever is first, for each of the constituents analyzed in Part 2.2.26.2.3 to demonstrate treatment equipment maintenance, probe accuracy, and compliance with this permit. Samples must not be collected within 14 days of each other. Samples must be collected for inlet water (for background), water after the scrubber (but before any treatment system), and discharge water. For all vessels, one of those samples may be conducted as part a vessel's annual or other survey, and during the first year, one of those sampling events may be conducted as part of the installation of the system to ensure it is functioning properly.
After the first year, samples must be collected at least once per calendar year for inlet water (for background), water after the scrubber (but before any treatment system), and discharge water, and may be collected as part of the vessel's annual survey as appropriate. Records of the sampling and testing results must be retained onboard for a period of 3 years in the vessel's recordkeeping documentation consistent with Part 4.2.
Vessels conducting monitoring as required by Part 2.2.26.2.2 must monitor for the following parameters, choosing either sufficiently sensitive EPA Part 136 methods or other methods if specifically allowed:
Vessel owners/operators must submit all monitoring data to EPA electronically, unless exempted from electronic reporting consistent with Part 1.14 of this permit. Monitoring data must be submitted at least once per calendar year no later than February 28 of the following year on the vessel annual report. Data must be submitted on or attached to the exhaust gas scrubber DMR available in Appendix H of this permit or submitted to EPA electronically. The system is scheduled to be available at www.epa.gov/vessels/eNOI. Data may be submitted as part of the vessel's annual report.
All reasonable steps must be taken to prevent the discharge of excess fish hold water and ice while the vessel is stationary at the pier. If large solid pieces of fish waste are contained in the fish hold effluent (e.g., fish heads, internal organs) the fish hold effluent may not be discharged while the vessel is pierside and stationary, unless a physical separation method is used (e.g., ½ inch coarse screens or smaller, a screened hose having ½ inch screen openings or smaller, filters, or other methods to remove large solids).
Solid fish waste must be disposed of shoreside on land or at sea (but outside of harbors or other protected and enclosed coastal waters, and other areas where EPA has found that such deposits could endanger health, the environment, or ecological systems in a specific location under the Marine Protection, Research and Sanctuaries Act, 33 U.S.C 1412(d)).
Except for discharges from holding tanks for the sole purpose of keeping the catch alive during transit by pumping continuous 'once through' ambient water into and through the tank prior to immediate discharge (e.g., crabbing/lobster vessels), if you are unloading your catch at a shorebased seafood processor or other pier and a shore-based discharge facility is available and economically achievable, you must discharge your effluent (including dirty ice) to that shorebased facility instead of discharging to surrounding waters if:
Do not discard any unused live bait overboard, unless you caught that bait in that waterbody or watershed. Unused live bait purchased from a bait shop or dealer may not be discharged overboard unless the vessel operator has documentation from the dealer that the bait was caught in that waterbody.
The requirements in Part 2.3 constitute the water quality-based effluent limitations in this permit. These water quality-based effluent limitations supplement this permit's effluent limitations in Parts 2.1, 2.2, 2.3.2 and 5 of this permit.
Your discharge must be controlled as necessary to meet applicable water quality standards in the receiving water body or another water body impacted by your discharges.
EPA generally expects that compliance with the other conditions in this permit, including Parts 2.1, 2.2, and 5, will control discharges as necessary to meet applicable water quality standards. If at any time you become aware, or EPA determines, that your discharge causes or contributes to an exceedance of applicable water quality standards, you must take corrective actions as required in Part 3; you must also report the exceedance(s) to EPA as required in Parts 1.14 and 4.4.1.
EPA may impose additional water quality-based limitations on a site-specific basis, or require you to obtain coverage under an individual permit, if information in your NOI (if applicable), required reports, or from other sources indicates that, after meeting the water quality-based limitations in this part, your discharges are not controlled as necessary to meet applicable water quality standards, either in the receiving water body or another water body impacted by your discharges. EPA or an authorized representative of EPA may inform vessel owner/operators of specific requirements.
Impaired waters or 'water quality limited segment[s]' are those which have been identified by a state or EPA pursuant to section 303(d) of the CWA as not meeting applicable state water quality standards. Impaired waters may include both waters with EPA-approved or EPA-established Total Maximum Daily Loads (TMDLs), and those for which EPA has not yet approved or established a TMDL.
If you discharge to an impaired water without an EPA-approved or established TMDL, you are required to comply with the requirements in Part 2.3.1, including any additional requirements that EPA may impose pursuant to that part. Note that this provision also applies to situations where EPA determines that your discharge is not controlled as necessary to meet water quality standards in another water body, even if your discharge is to a receiving water that is not specifically identified on a section 303(d) list of impaired waters.
If you discharge to an impaired water with an EPA-approved or established TMDL and EPA or state TMDL authorities have informed you that a Waste Load Allocation (WLA) has been established that applies specifically to your vessel's discharges, to discharges from vessels in your vessel class or type, or to discharges from vessels in general, your discharge must be consistent with the assumptions and requirements of that WLA. If such a WLA exists, EPA will inform you if any additional limits or controls are necessary for your discharge to be consistent with the assumptions of any available WLA in the TMDL, or whether an individual permit application is necessary in accordance with Part 1.8.1. Note that this provision also applies to situations where EPA determines that your discharges are covered by the WLA in an EPAapproved or established TMDL for another water body, even if your discharge is to a receiving water that is not specifically identified on a section 303(d) list.
If an applicable TMDL exists either individually or categorically for your vessel or vessel class (including disallowing discharges from your vessel), EPA and/or state TMDL agencies will inform vessel owners/operators of specific requirements.
The corrective action requirements in Part 3 in no way impair EPA's or an authorized representative acting on EPA's behalf to require remedies to bring a vessel owner/operator into compliance with this permit as soon as possible. On a case-by-case basis, EPA may take enforcement action to require any remedy or corrective action necessary to achieve compliance as quickly as possible, including more stringent time tables than those listed in this part.
If any of the following problems are identified, you must take action to ensure that the problem is eliminated and will not be repeated:
Problems might be identified through: the routine visual inspections or comprehensive annual inspections required by this permit under Part 4; any other inspection or evaluation of your operations by you, a government official, or anyone else; or through any other means.
Following the identification of any of the problems listed in Part 3.1, you must conduct a corrective action assessment into the nature, cause, and potential options for eliminating these problems. The assessment must include the following:
You must retain the findings of your corrective action assessment in your recordkeeping documentation or in your ship's log (pursuant to Part 4.2), signed and certified in accordance with Part 1.7 of this permit.
Corrective action with respect to many permit requirements can be accomplished immediately. These requirements include, but are not limited to, housekeeping and certain operation and maintenance requirements. In these situations, you must return to compliance immediately.
Restoring compliance with some permit requirements may require additional time for the vessel owner/operator to reasonably correct the problem. The following deadlines apply for eliminating the problem identified in Part 3.1 depending on the type of corrective action that must be taken:
If the initial occurrence of the problem in Part 3.1 constitutes a violation of the permit, conducting the Part 3.2 assessment and correcting the problem according to Part 3.3 does not absolve you of liability for this original violation. However, failure to comply with Parts 3.2 and/or 3.3 constitutes an additional permit violation. EPA will consider the appropriateness and promptness of corrective action in determining enforcement responses to permit violations.
EPA may impose additional requirements and schedules of compliance, including requirements to submit additional information concerning the condition(s) triggering corrective action or schedules and requirements more stringent than specified in this permit. Those requirements and schedules will supersede those of Part 3.3 if such requirements conflict. EPA may also notify you that an individual permit application is necessary in accordance with Part 1.8.1.
You must conduct the following inspections of your vessel. Please see the accompanying Fact Sheet for guidance on how these requirements apply to vessels frequently outside waters subject to this permit.
Except as provided below, a routine visual inspection must be conducted at least once per week or per voyage, whichever is more frequent, unless the vessel meets the requirements for extended unmanned period inspections in Part 4.1.1.2 of this permit, or unless multiple voyages occur in a single day. If vessel owners/operators engage in multiple voyages per day, they need not conduct inspections on every voyage, but must conduct inspections at least once per day. The term 'voyage' for purposes of the VGP is defined in Appendix A of this permit.
Routine visual inspections should be conducted on a schedule that coincides with other routine vessel inspections if feasible. Conduct routine visual inspections of all accessible areas addressed in this permit, including, but not limited to cargo holds, boiler areas, machinery storage areas, welldecks, and other deck areas. Ensure these areas are clear of garbage, exposed raw materials, oil, any visible pollutant or constituent of concern that could be discharged in any waste stream, that pollution prevention mechanisms are in proper working order, and pollution prevention procedures are in place to minimize the addition of pollutants to any waste stream. At a minimum, the routine visual inspection must verify to the extent feasible that requirements of Part 2.1 are being met and document any instances of noncompliance. Your routine visual inspection must also include a visual inspection of safely accessible deck and cargo areas and all accessible areas where chemicals, oils, dry cargo, or other materials are stored, mixed, and used, whether or not the areas have been used since the last inspection. A ship's watch must include visual monitoring of the water around and behind the vessel for visible sheens, dust, chemicals, abnormal discoloration or foaming, and other indicators of pollutants or constituents of concern originating from the vessel. Particular attention should be paid to deck runoff, ballast water, and bilgewater. If you identify or are made aware that pollutants or constituents of concern are originating from your vessel in a manner that violates the limitations in this permit, you must initiate corrective actions, as described in Part 3 of this permit. Vessel owners/operators may conduct these inspections as part of meeting their existing (or updated) international safety management code (ISM) safety management system (SMS) plan obligations, provided that those inspections meet the minimum requirements discussed above.
In situations where multiple voyages occur within a one-week period, you may choose to conduct a limited visual inspection addressing only those areas that may have been affected by activities related to the docking and cargo operations conducted during each voyage instead of conducting a full routine visual inspection per voyage (or per day, if there are multiple voyages in one day). If you employ such an approach, you must conduct a full visual inspection of the vessel at least once per week.
You must document the findings of each routine visual inspection in the official ship logbook or as a component of other recordkeeping documentation referenced in Part 4.2. You must document the date and time of inspection, ship locations inspected, personnel conducting the inspection, location of any visual sampling and observations, note any potential problems and sources of contamination found, and it must be signed by the person conducting the inspection, if not the Master. For limited visual inspections, you need only initial that the inspections were conducted as an addendum to the documentation of the full 'weekly' visual inspection, unless additional potential problems or contamination is found.
The person conducting the inspection must be a signatory under 40 CFR §122.22. A signatory includes the person in charge (e.g., the Master), or his or her duly authorized representative. The records of routine visual inspections must be made available to EPA or its authorized representative upon request. Vessel operators must initiate corrective actions, as required under Part 3 of this permit, for any of the conditions listed in Part 3.1 that are identified in their inspections.
A vessel is considered to be in an extended unmanned period (EUP) if the vessel is temporarily (e.g., for storage or repair) unmanned, fleeted, jacked-up, or otherwise has its navigation systems and main propulsion shut down (e.g., a vessel in drydock or extended lay-up) for 13 days or greater. During an EUP, a vessel owner/operator may elect to either continue conducting routine inspections of the vessel consistent with Part 4.1.1 of this permit, or he or she may conduct an EUP Inspection. The EUP inspection is an alternative inspection for fleeted, jackedup, or similarly situated vessels, which routinely go into temporary or extended periods of layup.
Vessel owners/operators may conduct EUP inspections in lieu of routine visual inspections if they are up-to-date with all other inspection and reporting requirements found in Part 4 of this permit (including routine and annual inspections) and the vessel owner/operator must not have received any VGP-related notices of violation or faced any VGP-related enforcement action from EPA within the previous 24 months.
The EUP inspection consists of three primary components: a pre lay-up inspection, a periodic external observation of the vessel and surrounding waters, and a post lay-up routine visual inspection. Each is explained in greater detail below.
Immediately before a vessel is placed in an EUP, the vessel operator must conduct the pre lay-up inspection, which will consist of:
equipment is leaking oil, the leaks must be stopped or appropriate containment must be in place to capture any leaking oil.
While a vessel is in EUP, the owner/operator or an authorized representative must examine the outside of the vessel and surrounding waters at least once every two weeks for any evidence of leaks, loss of cargo, or any other spills which might result in an unauthorized discharge. If any deficiencies are observed while the vessel is in EUP, the vessel owner/operator must document those deficiencies and the corrective actions taken to resolve those deficiencies. If a visible sheen is noted on the surface of the surrounding water, the source of the oil must be identified and corrective action must be taken immediately. Furthermore, EPA must be notified of the visible sheen in accordance with Part 4.4 of this permit. If these inspections are conducted as part of the routine operations of a fleeter or similar vessel caretaker, the vessel owner/operator does not need to keep recordkeeping documentation onboard the vessel if the owner/operator has electronic access to all records (including records of a fleeter or other caretaker kept in a central office), and those records are made immediately available to EPA or its authorized representative upon request. See Part 4.2.1 of this permit for electronic recordkeeping requirements.
While a vessel is in EUP, the only applicable monitoring and inspection requirements are those specified in this Part 4.1.1.2. Once a vessel reenters service and is no longer considered to be in EUP, it must comply with all previously applicable monitoring and inspection requirements.
Before a vessel reenters service, the vessel owner/operator must conduct a post lay-up routine visual inspection. As part of this inspection, the owner/operator must document the date the EUP ended, whether fluids (e.g., fuel, ballast water) are at their pre-EUP levels, and whether any spills or leaks of oily materials are observed. Any deficiencies noted must be corrected before the vessel reenters service.
Analytical monitoring requirements for specific discharge types are identified in Parts 2.2.2, 2.2.3, 2.2.15, and 2.2.26 of this permit, and for specific vessel types in Part 5 of this permit.
Comprehensive vessel inspections must be conducted by qualified personnel at least once every 12 months. Qualified personnel include the Master or owner/operator of the vessel, if appropriately trained, or appropriately trained marine or environmental engineers or technicians or an appropriately trained representative of a vessel's class society acting on behalf of the owner/operator.
Comprehensive annual inspections must cover all areas of the vessel affected by the requirements in this permit that can be inspected safely and without forcing a vessel into
drydock. Special attention should be paid to those areas most likely to result in a discharge, likely to cause or contribute to exceedances of water quality standards in the receiving waterbody or another water body impacted by your discharges, or violate effluent limits established in this permit. Areas that inspectors must examine include, but are not limited to:
If any portions of the vessel are not inspectable without the vessel entering drydock, the vessel owner/operator must inspect these areas during their drydock inspection. For areas not accessible during the annual inspection, vessel owner/operators must document that these areas of the vessel were not accessible and inspectable in their recordkeeping documentation.
The annual inspections must also include a review of monitoring data collected in accordance with Part 5 if applicable, and routine maintenance records to ensure that required maintenance is being performed (e.g., annual tune-ups for small boats that have wet exhaust). Vessel owner/operators must also consider the results of the past year's visual and analytical monitoring when planning and conducting inspections. Furthermore, the inspection must verify whether all monitoring, training, and inspections are logged and documented according to permit requirements.
When a comprehensive annual vessel inspection schedule overlaps with a routine visual inspection required under Part 4.1.1 of this permit, the comprehensive annual vessel inspection may also be used to meet the requirement of conducting the routine visual inspection, provided that all conditions of both types of inspections described in this permit are met.
If any inspection reveals deficiencies that would result in a violation of the effluent limits in Parts 2 and 5, or indicates that a control measure is not functioning as anticipated or is in need of repair or upgrade, you must take corrective action to resolve such deficiencies in accordance with Part 3. You must record all findings and results from your annual inspection in your vessel's recordkeeping documentation or logbook.
Vessel owner/operators must make any dry-dock reports prepared by the class society or their flag administrations available to EPA or an authorized representative of EPA upon request. If you do not have a dry-dock report from either of these entities, you must prepare your own drydock report and it must be made available to EPA or an authorized representative of EPA upon request. The dry-dock report must note that:
Vessels covered by this permit must keep records on the vessel or accompanying tug that include the following information (as applicable):
Vessel owner/operators may keep paper or electronic records on the vessel or accompanying tug. All electronic recordkeeping must meet the requirements found in Part 4.2.1 of this permit.
Owners/operators of unmanned, unpowered barges need not maintain records for numbers 2, 5, 9, and 11 above. However, owners/operators of unmanned, unpowered barges must provide a history of areas where the vessel has operated and applicable general maintenance records to EPA upon request. If barge operators are unable to make applicable general maintenance records and a history of where the vessel has been available to EPA upon request (e.g., promptly retrieve those data from the vessel owner), they must maintain the records for numbers 2, 5, 9, and 11 on the vessel or accompanying tug.
It is not the intention of this permit to require separate records for the Coast Guard and EPA. Rather, vessels can harmonize their recordkeeping practices, where appropriate, so that records are not unnecessarily duplicative. For example, information can be logged with maintenance records, the ship's log, in existing ISM/SMS plans or recordkeeping, the oil record book, shipboard oil pollution emergency plan, or other additional recordkeeping documentation as appropriate but must be provided to EPA or its authorized representative if requested. Operators may choose how these records will be maintained, but must retain these records on the vessel for a period of 3 years.
Certification of accurate information is required for all NOIs, NOTs, the PARI form, and any report (including any monitoring data) submitted to EPA, pursuant to Parts 1.7 of this permit and 40 CFR §122.22. The vessel owner/operator must retain copies of all reports, certifications, records, monitoring data, and other information required by this permit, and records of all data
used to complete the NOI to be covered by this permit, for a period of at least 3 years from the date that your coverage under this permit expires or is terminated.
The vessel master, owner/operator, or person in charge shall make available to EPA or an authorized representative from EPA all records kept under this part upon request.
For purposes of the VGP, records may be kept electronically if the records are:
Except for vessels operating exclusively within one Captain of the Port Zone, for vessels equipped with ballast tanks that are bound for a port or place in the United States, you must meet the recordkeeping requirements of 33 CFR Part 151.
The master, owner, operator, or person in charge of a vessel bound for a port or place in the United States must keep written records that include the following information:
The ballast water reporting forms must be kept on board the vessel and must be submitted to the National Ballast Information Clearinghouse (NBIC) before arriving to U.S. ports as required by the U.S. Coast Guard. In addition, crude oil tankers engaged in the Coast Wise trade are also required to submit their ballast water reporting forms to the NBIC as a requirement of this permit. In addition, all vessels which conduct saltwater flushing as required by Part 2.2.3.6.3 and Part 2.2.3.6.4 of the permit, but do not report saltwater flushing to the NBIC, must instead keep a record of saltwater flushing to meet the requirements of this permit.
For each vessel, owners/operators are required to submit an Annual Report for each year that they have active permit coverage. For vessels which must file NOIs, this means for as long as they have an active NOI. For vessels which need not file an NOI, they maintain active coverage as long as they are operating in waters subject to this permit, provided they have signed and maintain a copy of the PARI form. Annual Reports must be completed each calendar year and submitted by February 28 of the following year (e.g., the 2014 annual report will be due by February 28, 2015). A separate 2013 annual report will not be required; instead, any relevant information from December 19, 2013 - December 31, 2013 (if applicable) must be included in the annual report for the 2014 calendar year. Permittees covered under the 2008 VGP must submit reports of all instances of noncompliance which occur before December 18, 2013 to EPA consistent with the terms of that permit.
All analytical monitoring results must be submitted to EPA as part of the Annual Report.
The vessel owner/operator shall complete the Annual Report form provided in Appendix H of this permit and submit it to EPA electronically. It can be completed online by accessing EPA's main NPDES vessel webpage (available via www.epa.gov/npdes/vessels or through EPA's eNOI system (www.epa.gov/npdes/vessels/eNOI).
The vessel owner/operator shall respond to all questions accurately and completely, and provide the necessary information and/or data to support each response. Unless one of the exceptions in Part 1.14 is met, the vessel owner/operator must submit each Annual Report electronically in accordance with the procedures described in Part 1.14 of this permit.
If you are eligible to submit a hard copy of the Annual Report, you must send your completed annual report to EPA HQ (Attn: Vessel Annual Report, Mail Code 4203M, 1200 Pennsylvania Ave. NW, Washington, DC 20460). Hard copy reports must be postmarked by February 21 of
the following calendar year (i.e., the 2014 annual report must be postmarked by February 21, 2015).
The Annual Report replaces the annual noncompliance report and one-time report requirements found in the 2008 VGP. All instances of noncompliance must be reported as part of the Annual Report.
Operators of unmanned, unpowered barges or other vessels less than 300 gross tons (e.g., small tug boats) may submit a single annual report (referred to as the Combined Annual Report) for multiple vessels and/or barges, provided all of the following conditions are met:
Vessel owners/operators of unmanned, unpowered barges or vessels less than 300 gross tons may submit a Combined Annual Report for some or most of their fleet, or submit individual Annual Reports if they prefer. Individual Annual Reports are required for any barges or other vessels which are not eligible for the Combined Annual Report, as specified above.
Although not a requirement of this permit, if a discharge contains oil or a hazardous substance in an amount equal to or in excess of a harmful or reportable quantity established under 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302, during a 24-hour period, the National Response Center (NRC) must be notified (dial 800-424-8802 or 202-426-2675 in the Washington, DC area). Also, within 14 calendar days of knowledge of the release, the date and description of the release, the circumstances leading to the release, responses to be employed for such releases, and measures to prevent recurrences of such releases must be recorded in your recordkeeping documentation consistent with Part 4.2 of this permit.
Where a discharge of hazardous substances or oil in excess of reportable or harmful quantities occurs, such discharge is not authorized by this permit and may also be a violation of section 311 of the CWA, 33 USC §1321. Note that these spills must be reported as described above. Also applicable are of the CWA and certain provisions of sections 301 and 402 of the CWA.
In addition to the reporting requirements stipulated in Part 4 of this permit, you are also subject to the standard permit reporting provisions referenced in Part 1.13.
Where applicable, you must submit the following information to the appropriate EPA Regional Office listed in Appendix B for the location in which the instance(s) of noncompliance occurred:
If you report to the NRC as referenced in Part 4.4.3 of the permit, you do not need to complete reporting under this part.
You must comply with the requirements of Part 5 of this permit, Vessel-Class-Specific Requirements, associated with your vessel class in addition to any applicable requirements that apply to all vessels specified elsewhere in this permit.
The requirements in Part 5.1 apply to vessel discharges from cruise ships providing overnight accommodations (i.e., cruise ships with onboard sleeping facilities) to passengers and authorized to carry 500 people or more for hire.
Pierside Limits - While pierside, appropriate onshore reception facilities for graywater must be used unless the vessel treats graywater with a device to meet the standards in Part 5.1.1.1.2. If such facilities are not reasonably available and you do not have the capacity to treat graywater to meet the standards in Part 5.1.1.1.2, you must hold the graywater until the vessel is underway and not in waters subject to this permit. Appropriate reception facilities are those authorized for use by the port authority or local municipality and that treat the discharge in accordance with its NPDES permit.
Operational Limits - You must meet the following restriction:
Limits Applicable to Operation in Nutrient Impaired Waters - If you operate in nutrient-impaired waters including, but not limited to, the Chesapeake Bay or the territorial sea surrounding the mouth of the Mississippi River in the Gulf of Mexico, you must:
A list of nutrient impaired waters is available at www.epa.gov/npdes/vessels.
The discharge of treated graywater must meet the following standards:
Cruise ship owners/operators must use soaps and detergents that are phosphate-free, minimallytoxic, and biodegradable. Degreasers must be minimally-toxic if they will be discharged as part of any waste stream.
Waste from mercury-containing products, dry cleaners or dry cleaner condensate, photo processing labs, medical sinks or floor drains, chemical storage areas, and print shops using traditional or non-soy-based inks and chlorinated solvents must be prevented from entering the ship's graywater, blackwater, or bilgewater systems if water from these systems will be discharged into waters subject to this permit. Preventing these wastes from entering these systems can be accomplished by plugging all drains that flow to the graywater, blackwater, or bilge systems in areas where these wastes are produced and creating alternate waste receptacles or replumbing drains to appropriate holding tanks.
Vessel owners/operators must not discharge any toxic materials, including products containing acetone, benzene, or formaldehyde into salon and day spa sinks or floor drains if those sinks or floor drains lead to any system which will be discharged into waters subject to this permit. This includes using these materials on passengers (or crew) and rinsing residuals into these sinks. Alternate waste receptacles or holding tanks must be used for these materials. Addition of these materials to any systems which will discharge into waters subject to this permit is a permit violation.
Discharges of pool or spa water to waters listed in Appendix G are not authorized under this permit. Discharges from pools and spas are authorized into non-Appendix G waters subject to this permit, provided pool and spa water to be discharged is dechlorinated and/or debrominated, and discharge occurs while the vessel is underway. To be considered dechlorinated, the total residual chlorine in the pool or spa effluent must be less than 100 µg/l if the pool or spa water is
discharged without going through an Advanced Wastewater Treatment System (AWTS). To be considered debrominated, the total residual oxidant in the pool or spa effluent must be below 25 µg/l if the pool or spa water is discharged without going through an AWTS. Pool and spa water may be added to the graywater treatment systems; however, any resultant discharge must meet all standards and requirements found in Part 5.1.1.1 and must be dechlorinated and/or debrominated as applicable.
The discharge of untreated graywater by large cruise ships is not authorized in waters subject to this permit. Any discharge of untreated graywater within waters subject to this permit must be reported to EPA as an incidence of noncompliance on the vessel's Annual Report.
Prior to entering waters of the United States, vessel operators must demonstrate that they have an effective treatment system that complies with the standards in Part 5.1.1.1.2 if they will discharge graywater within 3 nm of shore.
In order to demonstrate the effectiveness of the treatment system, the vessel operator must take at least five (5) samples from the vessel on different days over a 30-day period that are representative of the treated effluent to be discharged. A vessel owner/operator that submitted data to EPA for a vessel's discharge from an AWTS under the 2008 VGP requirements or has already received certification for continuous discharges from an AWTS and submitted data to the U.S. Coast Guard to meet the requirements of Section 1411(b) of Title XIV, Pub. L. 106-554 (Dec. 31, 2000, 114 Stat. 2763) [Certain Alaska Cruise Ship Operations] (codified at 33 USC 1901 note) does not need to conduct initial monitoring, and may instead immediately commence maintenance monitoring consistent with Part 5.1.2.2.2 of this permit.
Initial monitoring must be done within the first 90 days of permit coverage, within 90 days of AWTS installation onboard the vessel, or before vessels discharge into waters subject to this permit, whichever is later. Samples must be taken for BOD, fecal coliform, suspended solids, pH, and total residual chlorine. Furthermore, samples must be taken for E. coli , total phosphorus (TP), ammonia, nitrate/nitrite, and Total Kjeldahl Nitrogen (TKN). Sampling and testing shall be conducted according to 40 CFR Part 136. If the measured samples meet the standards specified in Part 5.1.1.1.2, then the owner/operator has demonstrated the effectiveness of their treatment system for controlling their graywater discharge. Records of the sampling and testing results must be retained onboard for a period of 3 years in the vessel's recordkeeping documentation. Records of monitoring information shall include:
Analytical results for total residual chlorine below the method detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a testing method with a detection limit no higher than 10.0 µg/L under ideal conditions. EPA recommends Method SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method that Alaska Department of Environmental Conservation (ADEC)/U.S. Coast Guard uses for compliance monitoring.
Testing and reporting for total residual chlorine is not required if chlorine is not used as disinfectant in the wastewater treatment works process and no water is drained to the graywater system from water with onboard chlorine additions (e.g., swimming pools, spas).
After demonstrating the effectiveness of their system, vessel owners/operators must collect and analyze one sample per quarter for each of the constituents listed in Part 5.1.2.2.1 to demonstrate treatment equipment maintenance and compliance with this permit for any quarter the vessel discharges graywater into waters subject to this permit. Furthermore, samples must be taken for E. coli , total phosphorus (TP), ammonia, nitrate/nitrite, and Total Kjeldahl Nitrogen (TKN). Regardless of whether a vessel has discharged into waters subject to this permit, maintenance monitoring must be conducted at least once per year or vessels must re-conduct initial monitoring in accordance with Part 5.1.2.2.1 before discharging into waters subject to this permit. Records of the sampling and testing results must be retained onboard for a period of 3 years in the vessel's recordkeeping documentation.
The owner/operator must submit data showing that the graywater standards are achieved by their treatment system to EPA electronically or to EPA, ATTN: VGP Cruise Ship Monitoring Results, 1200 Pennsylvania Ave., MC 4203M, Washington, DC 20460 if they are eligible for a waiver under part 1.14 of this permit. Initial sampling data must be submitted at least 7 days before entering waters subject to this permit, within 90 days of obtaining permit coverage, or within 90 days of AWTS installation onboard the vessel, whichever is later. Maintenance monitoring data must be submitted at least once per calendar year no later than February 28 of the following year (e.g., 2014 data must be submitted by February 28, 2015). Data must be submitted on DMRs available in Appendix H and/or Appendix I of this permit or submitted to EPA electronically: the system is scheduled to be available at www.epa.gov/vessels/eNOI. Maintenance monitoring data may be submitted as part of the vessel's annual report (Appendix H) .
Even if owners/operators have demonstrated their systems meet the standards in Part 5.1.1.1.2, if EPA, its authorized representative, or the U.S. Coast Guard sample their graywater effluent and find that they are not meeting these standards, the cruise ship owners/operators are liable for violating their effluent limits.
The owner/operator must maintain records estimating the quantity and quality of all discharges of treated graywater into waters subject to this permit, including date, location and volume discharged, and pollutant concentrations monitored in their recordkeeping documentation. These records shall be maintained as part of or in combination with the vessel's sewage and graywater discharge record book required under 33 CFR §159.315.
Vessel owners/operators must monitor chlorine or bromine concentrations (as applicable) in pool or spa water before every discharge event using sufficiently sensitive 40 CFR Part 136 methods if they will discharge these streams directly into waters subject to this permit to ensure that the dechlorination/debromination process is complete. If vessel owners/operators are monitoring bromine concentrations, they may use a field test kit which uses the colorimetric method in lieu of 40 CFR Part 136 methods to ensure waters have been debrominated, provided that test kit has a method detection limit no higher than 50 µg/l. You must record the location of the discharge, the estimated volume of the discharge, and the concentration of chlorine or bromine (as applicable). Records of this monitoring must be kept with other graywater monitoring records.
For chlorine, analytical results below the method detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a testing method with a detection limit no higher than 10.0 µg/L under ideal conditions. EPA recommends Method SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method that ADEC/USCG uses for compliance monitoring. For bromine, analytical results below the method detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a testing method with a detection limit no higher than 50.0 µg/l.
The crews of cruise ships play a key role in minimizing the discharge of pollutants from cruise ship operations and passengers. Therefore, cruise ship operators must provide the following educational and training requirements to ship personnel:
of the ship and these crew members must be able to demonstrate proficiency in implementing these procedures; and
Cruise ships must also educate passengers on their potential environmental impacts. The goals of these education efforts must include preventing trash from entering any waste stream, eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or blackwater systems, and minimizing production of graywater. This can be accomplished in a variety of ways including, but not limited to, posting signage and informational material in guestrooms and common areas, incorporating environmental information passenger orientation presentations or packages at the start of cruises, incorporating this information into additional lectures and seminars, or broadcasting information via loudspeakers.
Vessel owners/operators must also meet all training-related recordkeeping requirements of Part 4.2 of this permit.
The requirements in Part 5.2 apply to vessel discharges from cruise ships providing overnight accommodations (i.e., cruise ships with onboard sleeping facilities) to passengers and authorized to carry between 100 and 499 people for hire.
All medium cruise ships must meet all requirements of this part, including the requirements of Parts 5.2.1.1.1, unless they are a vessel unable to voyage more than 1 nm from shore and were constructed before December 19, 2008. Medium cruise ships unable to voyage 1 nm from shore and constructed before December 19, 2008 must meet the requirements in Parts 5.2.1.1.3, 5.2.1.1.4, 5.2.1.1.5, 0, 5.2.2.1, 5.2.2.3, and 5.2.3.
Pierside Limits - While pierside, appropriate onshore reception facilities for graywater must be used, unless the vessel treats graywater with a device to meet the standards in Part 5.2.1.1.2. If such facilities are not reasonably available and you do not have the capacity to treat graywater to meet the standards in Part 5.2.1.1.2, you must hold the graywater until the vessel is underway and not in waters subject to this permit. Appropriate reception facilities are those authorized for use by the port authority or local municipality and that treat graywater in accordance with its NPDES permit.
Operational Limits - You must meet the following restrictions: while operating within 3 nm from shore, discharges of graywater are prohibited unless they meet the effluent standards in Part 5.2.1.1.2.
Limits Applicable to Operation in Nutrient Impaired Waters - If you operate in nutrient-impaired waters including, but not limited to, the Chesapeake Bay or the territorial sea surrounding the mouth of the Mississippi River in the Gulf of Mexico, you must:
A list of nutrient-impaired waters is available at www.epa.gov/npdes/vessels.
The discharge of treated graywater must meet the following standards:
Cruise ship owners/operators must use soaps and detergents that are minimally-toxic, phosphate free, and biodegradable. Degreasers must be minimally-toxic if they will be discharged as part of any waste stream.
Waste from mercury-containing products, dry cleaners or dry cleaner condensate, photo processing labs, medical sinks or floor drains, chemical storage areas, and print shops using traditional or non-soy based inks and chlorinated solvents must be prevented from entering the ship's graywater, blackwater, or bilgewater systems if water from these systems will ever be discharged into waters subject to this permit. Preventing these wastes from entering these systems can be accomplished by plugging all drains that flow to the graywater, blackwater, or
bilge systems in areas where these wastes are produced and creating alternate waste receptacles or replumbing drains to appropriate holding tanks.
Vessel owners/operators must not discharge any toxic materials, including products containing acetone, benzene, or formaldehyde into salon and day spa sinks or floor drains if those sinks or floor drains lead to any system which will be discharged into waters subject to this permit. This includes using these materials on passengers (or crew) and rinsing residuals into these sinks. Alternate waste receptacles or holding tanks must be used for these materials. Addition of these materials to any systems which will discharge into waters subject to this permit is a permit violation.
While pierside, appropriate onshore reception facilities for graywater must be used if available and their use is economically achievable (unless the vessel treats graywater with a device to meet the standards in Part 5.2.1.1.2). Appropriate reception facilities are those authorized for use by the port authority or local municipality and that treat the discharge in accordance with its NPDES permit.
If such facilities are not available and you do not have the capacity to treat graywater to meet the standards in Part 5.2.1.1.2, you must hold the graywater unless the vessel is underway and sailing at a speed of at least 6 knots in a water that is not listed in Appendix G. When operating in nutrient impaired waters subject to this permit, you must not discharge any graywater into those waters subject unless the length of voyage in that water exceeds the vessel's holding capacity for graywater, and minimize the discharge of any graywater into nutrient-impaired waters subject to this permit, which may require minimizing the production of graywater.
Discharges of pool or spa water to waters listed in Appendix G are not authorized under this permit. Discharges from pools and spas are authorized into non-Appendix G waters subject to this permit, provided pool and spa water to be discharged is dechlorinated and/or debrominated, and discharge occurs while the vessel is underway. To be considered dechlorinated, the total residual chlorine in the pool or spa effluent must be less than 100 µg/l if the pool or spa water is discharged without treatment through an AWTS. To be considered debrominated, the total residual oxidant in the pool or spa effluent must be below 25 µg/l if the pool or spa water is discharged without going through an AWTS. Pool and spa water may be added to the graywater treatment systems; however, any resultant discharge must meet all standards and requirements found in Part 5.2.1.1 and must be dechlorinated and/or debrominated as applicable.
The owner/operator must maintain records estimating all discharges of untreated graywater into waters subject to this permit, including date, location, and volume discharged in their
recordkeeping documentation. These records can be maintained as part of the vessel's sewage and graywater discharge record book required under 33 CFR §159.315.
Prior to entering waters of the United States, vessel operators must demonstrate that they have an effective treatment system that complies with the standards in Part 5.2.1.1.2 if they will discharge graywater within 1 nm of shore.
In order to demonstrate the effectiveness of the treatment system, the vessel operator must take at least five (5) samples taken from the vessel on different days over a 30-day period that are representative of the treated effluent to be discharged. A vessel owner/operator that submitted data to EPA for a vessel's discharge from an AWTS under the 2008 VGP requirements or submitted such data to the U.S. Coast Guard to meet the requirements of Section 1411(b) of Title XIV, Pub. L. 106-554 (Dec. 31, 2000, 114 Stat. 2763) [Certain Alaska Cruise Ship Operations] (codified at 33 USC 1901 note) does not need to conduct initial monitoring, and may instead immediately commence maintenance monitoring consistent with Part 5.2.2.2.2 of this permit.
Initial monitoring must be done within the first 90 days of permit coverage, within 90 days of AWTS installation onboard the vessel, or before vessels discharge into waters subject to this permit, whichever is later. Samples must be taken for BOD, fecal coliform, suspended solids, pH, and total residual chlorine. Furthermore, samples must be taken for E. coli , TP, ammonia, nitrate/nitrite, and TKN. Sampling and testing shall be conducted according to 40 CFR Part 136. If the measured samples meet the standards specified in Part 5.2.1.1.2, then the owner/operator has demonstrated the effectiveness of their treatment system for controlling their graywater discharge. Records of the sampling and testing results must be retained onboard for a period of 3 years in the vessel's recordkeeping documentation.
Records of monitoring information shall include:
Analytical results for total residual chlorine below the method detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a testing method with a detection limit no higher than 10.0 µg/L under ideal conditions. EPA recommends Method SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L under ideal
conditions and so meets these requirements. SM4500-Cl G is typically the method that ADEC/U.S. Coast Guard uses for compliance monitoring.
Testing and reporting for total residual chlorine is not required if chlorine is not used as disinfectant in the wastewater treatment works process and no water is drained to the graywater system from water with onboard chlorine additions (e.g., swimming pools, spas).
After demonstrating the effectiveness of their system, vessel owners/operators must collect and analyze one sample per quarter for each of the constituents listed in Part 5.2.2.2.1 to demonstrate treatment equipment maintenance and compliance with this permit. Records of the sampling and testing results must be retained onboard for a period of 3 years in the vessel's recordkeeping documentation.
The owner/operator must submit data showing that the graywater standards are achieved by their treatment system to EPA electronically or to EPA, ATTN: VGP Cruise Ship Monitoring Results, 1200 Pennsylvania Ave., MC 4203M, Washington, DC 20460 if the vessel owner/operator is eligible for waiver under part 1.14 of this permit. Initial sampling data must be submitted at least 7 days before entering waters subject to this permit, within 90 days of obtaining permit coverage, or within 90 days of AWTS installation onboard the vessel, whichever is later. Maintenance monitoring data must be submitted at least once per calendar year no later than February 28 of the following year (e.g., 2014 data must be submitted by February 28, 2015). Data must be submitted on DMRs available in Appendix H and/or Appendix I of this permit or submitted to EPA electronically. The system is scheduled to be available at www.epa.gov/vessels/eNOI. Maintenance monitoring data may be submitted as part of the vessel's Annual Report.
Even if owners/operators have demonstrated their system meets the standards in Part 5.2.1.1.2, if EPA, its authorized representative, or the U.S. Coast Guard sample their graywater effluent and find that they are not meeting these standards, the cruise ship owners/operators are liable for violating their effluent limits.
The owner/operator shall maintain records estimating the quantity and quality of all discharges of treated graywater into waters subject to this permit, including date, location, and volume discharged, and pollutant concentrations monitored in their recordkeeping documentation. These records shall be maintained as part of or in combination with the vessel's sewage and graywater discharge record book required under 33 CFR §159.315.
Vessel owners/operators must monitor chlorine or bromine concentrations (as applicable) in pool or spa water before every discharge event using sufficiently sensitive 40 CFR Part 136 methods
if they will discharge these streams directly into waters subject to this permit to ensure that the dechlorination/debromination process is complete. If vessel owners/operators are monitoring bromine concentrations, they may use a field test kit which uses the colorimetric method in lieu of 40 CFR Part 136 methods to ensure waters have been debrominated, provided that test kit has a method detection limit no higher than 50 µg/l. You must record the location of the discharge, the estimated volume of the discharge, and the concentration of chlorine or bromine (as applicable). Records of this monitoring must be kept with other graywater monitoring records.
For chlorine, analytical results below the method detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a testing method with a detection limit no higher than 10.0 µg/L under ideal conditions. EPA recommends Method SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/l under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method that ADEC/U.S. Coast Guard uses for compliance monitoring. For bromine, analytical results below the method detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a testing method with a detection limit no higher than 50.0 µg/l.
The crews of cruise ships play a key role in minimizing the discharge of pollutants from cruise ship operations and passengers. Therefore, cruise ship operators are responsible for providing the following educational and training requirements to ship personnel:
Cruise ships must also educate passengers on their potential environmental impacts. The goals of these education efforts must include preventing trash from entering any waste stream, eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or blackwater systems, and minimizing production of graywater. This can be accomplished in a variety of ways including, but not limited to, posting signage and informational material in guestrooms and common areas, incorporating environmental information passenger orientation presentations or packages at the start of cruises, incorporating this information into additional lectures and seminars, or broadcasting information via loudspeakers.
Vessel owner/operators must also meet all training-related recordkeeping requirements of Part 4.2 of this permit.
Ferries are vessels for hire that are designed to carry passengers and/or vehicles between two ports, usually in inland, coastal, or near-shore waters. 'Large Ferry' means a 'ferry' that: a) has a capacity greater than or equal to 100 tons of cargo (e.g., for cars, trucks, trains, or other landbased transportation); or b) is authorized by the U.S. Coast Guard to carry 250 or more people. All large ferries authorized to carry 100 or more tons of cars, trucks, trains, or other land-based transportation must meet the requirements in Part 5.3.1.1 (Deck Water) and Part 5.3.2 (Education and Training). Large ferries authorized by the Coast Guard to carry 250 or more people must also meet the requirements of Part 5.3.1.2 (Graywater Management) and Part 5.3.2 (Education and Training Requirements).
Large ferries may not discharge untreated below deck water from parking areas or other storage areas for motor vehicles or other motorized equipment into waters subject to this permit without first treating the effluent with an oily water separator or other appropriate wastewater treatment system. Large ferry operators must use oil absorbent cloths or other appropriate spill response resources to clean oily spills or substances from deck surfaces. Any effluent created by washing the decks may not be discharged into the waters subject to this permit listed in Appendix G.
Pierside Limits - While pierside, appropriate onshore reception facilities for graywater must be used, if available and their use is economically achievable, unless the vessel treats graywater to the limits found in Part 5.1.1.1.2 of the permit. If such facilities are not available, you must hold the graywater if the vessel has the holding capacity and discharge the effluent while the vessel is underway. Appropriate reception facilities are those authorized for use by the port authority or municipality and that treat the discharge in accordance with its NPDES permit.
Operational Limits - You must also meet the following restriction: if you operate within 3 nm from shore, discharges of graywater may only be released while the ferry is sailing at a speed of at least 6 knots if feasible. If not feasible, you must document why in your recordkeeping documentation.
The crews of ferries play a key role in minimizing the discharge of pollutants from ferry operations and its passengers. Therefore, ferry operators are subject to the following requirements:
Ferry operators must also educate passengers on their potential environmental impacts. The goals of these education efforts should include eliminating the discharge of trash overboard, minimizing the production of trash from parking areas or other storage areas, eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or blackwater systems, and minimizing production of graywater. This can be accomplished in a variety of ways including, but not limited to, posting signage and informational material in common areas, incorporating environmental information into orientation presentations, or broadcasting information via loudspeakers.
Vessel owners/operators of large ferries must also meet all training-related recordkeeping requirements of Part 4.2 of this permit.
The requirements in Part 5.4 apply to vessel discharges from barges. Barges engaged in the transportation of oil or other petroleum products must also comply with Part 5.5 of this permit.
Barges must minimize the contact of below deck condensation with oily or toxic materials and any materials containing hydrocarbon. 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. If a visible sheen, as defined in Appendix A of this permit, is noted, vessel operators must initiate corrective action in accordance with Part 3 and meet recordkeeping requirements in Part 4.2 of this permit.
All tank barges must have spill rails and must mechanically plug their scuppers before any cargo operations if required by vessel class society and/or 33 CFR Parts 155 and/or 156. Additionally, scuppers, when available, must be mechanically plugged during fueling of ancillary equipment (e.g., generators and compressors) located on the deck of the barge. If scuppers are unavailable, other types of secondary containment should be employed. If any spills result during loading or unloading of cargo, or other ancillary equipment fueling operations, vessel owners/operators must completely clean up spills or residue before scuppers are unplugged.
Vessel owners/operators must clean out cargo residues (i.e., broom clean or equivalent) such that any remaining residue is minimized before washing the cargo compartment or tank and discharging washwater overboard.
After every instance of pumping water from areas below decks, or immediately following washing down the decks, you must conduct a visual sheen test. The visual sheen test is used to detect free oil by observing the surface of the receiving water for the presence of an oily sheen. The operator should focus the inspection on the area surrounding the vessel where discharges from below deck or deck washings are discharges into the receiving water. A visible sheen is defined in Appendix A of this permit. If a visible sheen is observed, you must initiate corrective actions required in Part 3 of this permit and meet recordkeeping and notification (reporting) requirements in Part 4.2 of this permit.
The requirements in Part 5.5 apply to vessel discharges from oil tankers, petroleum tankers, and bulk chemical carriers, as well as barges engaged in transportation of oil or petroleum products.
For vessels which have an inert gas system, the effluent produced from inert gas scrubbers (IGS) may be discharged into waters subject to this permit.
The discharges of water from deck seals are authorized when such seals are installed as an integral part of an IGS system.
Owners/operators of oil tankers must plug scuppers during cargo loading and unloading operations to prevent the discharge of oil into waters subject to this permit. Any oil spilled must be cleaned with oil absorbent cloths or another appropriate approach. Additionally, owners/operators of oil tankers must comply with applicable requirements of 33 CFR §155.310 and 33 CFR Part 156, Subpart A.
Vessel owners/operators must minimize the discharge of effluent produced from inert gas scrubbers if feasible for their vessel design.
After every instance of loading or unloading operations or immediately following washing down the decks, you must conduct a visual sheen test. The visual sheen test is used to detect free oil by observing the surface of the receiving water for the presence of an oily sheen. The owner/operator should focus the inspection on the area surrounding the vessel where effluent from loading operations or deck washings discharge into the receiving water. A visible sheen is defined in Appendix A of this permit. If a visible sheen is observed, you must comply with all requirements contained in Part 4.4 of this permit, initiate corrective actions required in Part 3 of
this permit, and meet recordkeeping and notification (reporting) requirements in Part 4.2 of this permit.
The crews of oil tankers play a key role in minimizing the discharge of pollutants from vessel operations. Therefore, oil tanker operators are subject to the following requirements:
Vessel owners/operators of tankers must also meet all training-related recordkeeping requirements of Part 4.2 of this permit.
The requirements in Part 5.6 apply to vessel discharges from research vessels. Research vessels are those that are engaged in investigation or experimentation aimed at discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of such new or revised theories or laws.
In addition to the discharges incidental to the normal operation of a vessel authorized elsewhere in this permit, owners/operators of research vessels are authorized to discharge tracers (dyes, fluorescent beads, SF6), drifters, tracking devices and the like, and expendable bathythermograph (XBT) probes, into waters subject to this permit, provided such discharges are for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques.
Owners/operators of research vessels must discharge only the minimal amount of materials referenced in Part 5.6.1 necessary to conduct research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques.
The requirements in Part 5.7 apply to vessel discharges from emergency and rescue boats.
In addition to the discharges incidental to the normal operation of a vessel authorized elsewhere in this permit, owners/operators of emergency and rescue vessels are authorized to discharge waste streams in conjunction with training, testing, and maintenance operations, provided that they comply with all additional requirements of the CWA (e.g., section 311) and the National Contingency Plan (40 CFR Part 300). This part does not relieve vessel operators of any additional responsibilities under the CWA and the National Contingency Plan which prohibits the discharge of oil for research or demonstration purposes without Administrator approval. The use of foaming agents for oil or chemical fire response must be implemented in accordance with the National Contingency Plan (40 CFR Part 300).
Owners/operators are strongly encouraged to seek alternative formulations of AFFF that are less harmful to the aquatic environment, such as non-fluorinated foam, while maintaining their effectiveness in emergency operations. Furthermore, operators are encouraged to not use AFFF or discharge toxic substances in areas near active commercial or recreational fisheries, near swimmable waters, or in high traffic areas for maintenance or training purposes. Emergency vessel owners/operators are also encouraged to perform training, testing, and maintenance operations outside of port and as far from shore as possible. The use of foaming agents for oil or chemical fire response, and the control of their discharge from a vessel, must be implemented in accordance with the National Contingency Plan (40 CFR Part 300).
Section 401(d) of the CWA provides that any certification under the Act "shall set forth any effluent limitations and other limitations, and monitoring requirements" necessary to assure that any applicant for a federal license or permit will comply with any applicable CWA-based effluent limitations and other limitations, standards of performance, prohibitions, effluent standards, or pretreatment standards, and with any other appropriate requirements of State and Tribal law. Section 401(d) further provides that such additional limitations and monitoring requirements "shall become a condition on any Federal license or permit subject to the provisions of this section." Pursuant to section 401(d), EPA has attached those provisions provided by States and Tribes in their CWA § 401 certifications that constitute effluent or other limitations or monitoring requirements as enforceable conditions of this permit 3 .
The VGP is effective in every State and Indian Country Land except in the waters of The Bad River Band of Lake Superior Tribe of Chippewa Indians and Oklahoma Outstanding Resource Waters listed 4 . States and Indian Tribes which are not listed below have either certified without conditions or waived.
The following States or Tribes included additional permit requirements in their CWA § 401 certification:
Alaska certified the VGP with the following additional permit conditions:
Rationale: Vessel operators must treat wastewater and/or implement the BMPs in the VGP and ensure discharges comply with the applicable water quality criteria for the subject water body.
3 State 401 certification letters are available in the docket for today's permit which are available as PDFs by linking to EPA's website at: www.epa.gov/npdes/vessels.
4 Oklahoma's list of Outstanding Resource Waters are attached to their 401 certification letter which is available as a PDF file by linking to EPA's website at: www.epa.gov/npdes/vessels.
Arizona certified the VGP with the following additional permit conditions:
Vessel Decontamination Best Management Practices
Additional information regarding these Best Management Practices related to the control of invasive aquatic species can be found at: www.azgfd.gov/mussels, or by contacting the Arizona Game and Fish Department
Arkansas certified the VGP with the following additional permit conditions:
California certified the VGP with the following additional permit conditions:
This Order includes Attachments 1-3. 5 Following is a description of these attachments:
5 These attachments are available as a PDF file with California's 401 certification letter. This information is available by linking to EPA's website at: www.epa.gov/npdes/vessels.
Vessels that do not discharge any waste streams into waters of the state during the 2013 VGP cycle are not subject to this requirement. However, a copy of the USEPA NOI (or when applicable, PARI form), USEPA Acknowledgement Letter, and applicable fee shall be submitted.
Any vessels that do not make their first port of call in California until the last calendar year of the 2013 VGP cycle shall be exempt from participating in this monitoring study.
The representative regional/group monitoring program (Representative Monitoring Study) shall be developed in consultation with State Water Board staff. The monitoring study shall include representative sampling for each vessel class. A draft study design will be developed by no later than December 1, 2013, and is subject to the approval by the Executive Director of the State Water Board.
The Final Report for the Representative Monitoring Study must be submitted to the Executive Director of the State Water Board by the end of the 2013 VGP cycle. (Auth: Wat. Code, §§ 13260.1, 13267, 13383. This condition cannot be made less stringent without violating the requirements of state law, including water quality standards.)
The vessel owner/operator shall submit the fee and a copy of USEPA's NOI (or when applicable, PARI form) Acknowledgment Letter to:
NPDES Unit Division of Water Quality State Water Resources Control Board 1001 I Street, 15th Floor Sacramento, CA 95814
(Auth: See generally, statewide and regional water quality control plans; 33 U.S.C.§ 1313; Pub. Resources Code, § 72420.2; Wat. Code, §§ 13140, 13173, 13240, 13260.1, 13267, 13383; Cal. Code Regs., tit. 22, § 66261. This condition cannot be made less stringent without violating the requirements of state law, including water quality standards.)
http://www.slc.ca.gov/spec_pub/mfd/ballast_water/Compliance_Rptng_Docs.html
Forms are subject to change. Please use the most updated forms. (Auth: Pub. Resources Code,§ 71200 et seq. and Cal. Code Regs, tit. 2, div. 3, ch. 1, arts. 4.5 through 4.8. This condition cannot be made less stringent without violating the requirements of state law, including water quality standards.)
objectives cited in these plans that shall be met in the receiving water. (Auth: See generally, statewide and regional water quality control plans; 33 U.S.C. § 1313; Wat. Code, §§ 13140, 13240. This condition cannot be made less stringent without violating the requirements of state law, including water quality standards.)
Cal-EMA Office of Emergency Services hotline: (800) 852-7550
(Auth: Pub. Resources Code, § 72400 et seq. This condition cannot be made less stringent without violating the requirements of state law, including water quality standards.)
Connecticut certified the VGP with the following additional permit conditions:
The Director of Water Permitting and Enforcement Bureau of Materials Management and Compliance Assurance Department of Energy and Environmental Protection 79 Elm Street Hartford, Connecticut 06106-5127
6 For additional information see the webpage to Report an Environmental Concern or Problem at www.ct.gov/dep.
7 As identified in Part 2 of the VGP the term "minimize" means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best marine practice.
8 Standard No. 24 of the CT WQS specifies the discharge of sewage from any vessel to any water is prohibited. "Sewage" as defined in CGS section 22a-423 includes bilgewater, which is a domestic or manufacturing waste that may tend to be detrimental to the public health. The term "bilgewater" is defined in Appendix A of the VGP and Part 6 of the sVGP.
9 Standard No. 24 of the CT WQS specifies the discharge of sewage from any vessel to any water is prohibited. Sewage as defined in CGS section 22a-423 includes graywater, which is a domestic or manufacturing waste that may tend to be detrimental to the public health. The term "graywater" is defined in Appendix A of the VGP and Part 6 of the sVGP.
10 Point Source" and "Non-point Source" pollution are defined in Appendix A of the CT WQS
| Waterbody | Contaminant | Requirement |
|---|---|---|
| Long Island Sound, connected harbors, embayments and tidal rivers and waterbodies | Nitrogen and other substances with a high biological or chemical oxygen demand which when discharged could result in a decrease in the amount of dissolved oxygen in the receiving water body | Eliminate the discharge of such substances or minimize discharge of these substances to the greatest extent practicable if discharge is unavoidable |
| Within LIS, waters between the 50ft bathymetric contour and the Connecticut coastline | Bacteria | Fecal coliform: Geometric Mean less than 14 CFU/100 ml with 90% of samples less than 31 CFU/100 ml Enterococci: Geometric Mean less than 35 CFU/100 ml with no single sample exceeding 104 CFU/100 ml |
Georgia certified the VGP with the following additional permit conditions:
11 The most recent State of Connecticut Integrated Water Quality Report containing the updated Connecticut Impaired Waters List may be obtained at the Water Quality Monitoring Program webpage at www.ct.gov/dep.
In addition to water bodies specified in Appendix G of EPA proposed 2013 VGP, discharges into following State waters are also excluded from coverage under this conditional Section 401 WQC. 'Owner' or 'operator" of a vessel seeking coverage under the proposed 2013 VGP may submit an individual Application to the Clean Water Branch (CWB), DOH, for review and consideration for the processing for an individual Section 401 WQC:
'Waste' means sewage, industrial and agricultural matter, and all other liquid, gaseous, or solid substance, including radioactive substance, whether treated or not, which may pollute or tend to pollute the waters of the State. [HRS, §342 D-1]
These actions shall not preclude the DOH from taking appropriate enforcement action authorized by law.
Written notification by the Director under this section is complete upon mailing or sending a facsimile or an email transmission of the document or actual receipt of the document by the 'owner' or 'operator' of the vessel.
The 'owner' or 'operator' of a vessel seeking coverage for treated effluent discharges to be authorized under this conditional Section 401 WQC shall submit the following information through DOH-CWB website at:
http://hawaii.gov/health/environmental/water/cleanwater/forms/wqc-index.html .
Provide the full legal name(s), street address, contact person's name and position title, telephone and fax numbers, and email address of the owner(s) and, if applicable, its duly authorized representative. When the notification is prepared and submitted by the owner's duly authorized representative, an authorization statement with the owner's original signature shall also be submitted. Any signatures required in this conditional Section 401 WQC shall be provided as described in 40 CFR, §122.22(a).
List all applicable discharges, from the 27 applicable categories specified in Item 6.7.1(a), above, vessel may generate.
lf the vessel ever engage in or have capacity to engage in industrial operations, provide the type of industrial operation that will generate effluent discharges, i.e., (1) Seafood processing (2) Energy Exploration (3) Mining or (4) other.
As specified in §1.2.3.1 of the proposed 2013 VGP, for any discharges identified in the proposed 2013 VGP, discharges are not eligible if they contain materials resulting from industrial or manufacturing processes onboard or other materials not derived from the normal operations of a vessel.
Provide onboard treatment system is or to be used for any waste stream(s) covered by the proposed 2013 VGP such as Ballast Water, Bilgewater, Exhaust Gas Scrubber Effluent, Graywater, Graywater mixed with Sewage, and any other treatment system and/or control measures, etc., to be used for the category of the proposed effluent discharges:
Specify:
An electronic copy of the HAR, Chapter 11-54 is available at: http://hawaii.gov/health/environmental/water/cleanwater/forms/wqc-index.html or http://gen.doh.hawaii.gov/sites/har/admrules/default.aspx.
c) Parameter and Limitation contained in Table 6.7.1, below, applicable to all discharges from a vessel:
(1) HAR, §11-54-5
Uses and specific criteria applicable to inland waters; definitions;
Inland water areas to be protected;
Inland water criteria;
Uses and specific criteria applicable to marine waters;
Uses and specific criteria applicable to marine bottom types; and
Specific criteria for recreational.
Table 6.7.1
| Parameter | Limitation in Fresh waters | Limitation in Salt waters | Units |
|---|---|---|---|
| Chlorine, Total Residual Chlorine (TRC) | 19.0 | 13.0 | µg/l |
| pH | Shall not deviate more than 0.5 units from ambient conditions and shall not be lower than 5.5 nor higher than 8.0 | Shall not deviate more than 0.5 units from a value of 8.1, except at coastal locations where and when freshwater form stream, storm drain or groundwater discharge may depress the pH to a minimum level of 7.0 | pH Unit |
| Turbidity | 25.0 | 5.0 | NTU |
| Temperature | Shall not vary more than one degree Celsius from ambient conditions. | Shall not vary more than one degree Celsius from ambient conditions. | °C |
| Enterococcus | Enterococcus content shall not exceed a geometric mean of 33 per one hundred milliliters in not less than five samples which shall be spaced to cover a period between 25 and 30 days. No single sample shall exceed the single sample maximum of 89 CFU per 100 milliliters or the site-specific one-sided 82 per cent confidence limit. | Within 300 meters (one thousand feet) of the shoreline, including natural public bathing or wading areas, enterococcus content shall not exceed a geometric mean of 35 CFU per 100 milliliters in not less than five samples which shall be spaced to cover a period between twenty-five and thirty days. No single sample shall exceed the single sample maximum of 104 CFU per 100 milliliters or the site-specific one- sided 75 per cent confidence limit. Marine recreational waters along sections of coastline where enterococcus content does not exceed the standard, as shown by the geometric mean test described above, shall not be lowered in quality. | CFU |
The term "Qualifying Vessels," as defined in HAR, Section 13-76-12, means all vessels, United States or foreign flagged, carrying ballast water into state marine waters after operating outside the EEZ.
The term "EEZ," as defined in HAR, Section 13-76-12, means the United States exclusive economic zone established by Presidential Proclamation No. 5030, dated March 10, 1983, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles, substantially as defined in federal law 33 CFR 151.2025, dated July 1, 2005.
"Commercial passenger vessel," as defined in HRS, Section 342D-101, means a vessel that carries passengers for hire. The term does not include a vessel:
EPA proposed 2013 VGP permittee shall report all non-compliance to basic water quality criteria applicable to all State waters and analytical monitoring data that exceeds the numerical criteria of the State WQS to the DOH-CWB as soon as the Permittee becomes aware of such noncompliance or exceedance. All report(s) shall be submitted on a non-compliance reporting form provided by the director in website at https:://ehacloud.doh.hawaii.gov/epermit/View/default.aspx.
Idaho certified the VGP with the following additional permit conditions:
All waters in Idaho that receive discharges from vessels will receive, at minimum, Tier 1 antidegradation protection because Idaho's antidegradation policy applies to all state waters. Water bodies that fully support their aquatic life or recreational uses are considered to be "high quality waters" and will receive Tier 2 antidegradation protection. For waters which have not yet been assessed, DEQ must evaluate on a case-by-case basis whether to apply tier 2 protections, in addition to tier 1 protections. Although Idaho does not currently have any outstanding resource waters (ORWs) designated, it is possible that a water body could be designated as an ORW during the life of this permit. Because of this potential, this antidegradation review will also assess whether the permit complies with the outstanding resource water requirements (Tier 3) of Idaho's antidegradation policy.
As noted above, a Tier 1 review is performed for all new or reissued permits or licenses, applies to all waters subject to the jurisdiction of the CWA, and requires a showing that existing uses and the level of water quality necessary to protect existing uses shall be maintained and protected. In order to protect and maintain designated and existing beneficial uses, a permitted discharge must comply with narrative and numeric criteria of the Idaho WQS, as well as other provisions of the WQS such as Section 055, which addresses water quality limited waters.
Water bodies not supporting existing or designated beneficial uses must be identified as water quality limited, and a total maximum daily load (TMDL) must be prepared for those pollutants causing impairment. A central purpose of TMDLs is to establish wasteload allocations for point source discharges, which are set at levels designed to help restore the water body to a condition that supports existing and designated beneficial uses. Discharge permits must contain limitations that are consistent with wasteload allocations in the approved TMDL. A permit with effluent limitations consistent with TMDL wasteload allocations will provide the level of water quality necessary to support existing and designated uses and therefore satisfies Tier 1 antidegradation requirements.
Currently, there are no TMDLs in the state of Idaho that contain WLAs for discharges from vessels. Furthermore, EPA has determined that numeric effluent limits for discharges authorized under the VGP and sVGP are impracticable to calculate due to the varied nature of discharges from vessels, therefore non-numeric effluent limits contained in both permits speak to best management practices (BMPs) for dischargers to comply with. DEQ has reviewed the BMPs and has added further conditions on discharges to water bodies which are expected to receive discharges from vessels and are currently not meeting Idaho WQS.
Owners or operators of large vessels, covered under the VGP, are required to know whether they are discharging to impaired waters. Under the High Priority Provision of Section 055 of Idaho's WQS, in absence of a TMDL, there must not be additional loading of a pollutant where an impairment caused by that pollutant exists (IDAPA 58.01.02.055.04). Therefore, special considerations will need to be taken when discharging to these waters to ensure that discharges will not contribute to the impairment. For example, where a water body is impaired by metals, the discharger must not engage in activities (i.e. releasing contaminated bilgewater) where those pollutants are discharged to the water body, thereby contributing to the existing impairment (see Table 6.8.1).
Idaho state law prohibits discharges of graywater and/or sewage/graywater mixtures in certain regions, which are otherwise authorized under this general permit (see "Conditions" section).
The limitations and associated requirements in the 2013 VGP, coupled with other applicable state laws, and the conditions set forth in this certification provide DEQ reasonable assurance of compliance with IDAPA 58.01.02.051.01 and 58.01.02.052.07.
As indicated previously, water bodies that fully support their beneficial uses will be provided Tier 2 protection. As such, the quality of these waters must be maintained and protected, unless it is deemed necessary to accommodate important economic or social development. For a reissued permit or license, the effect on water quality is determined by looking at the difference in water quality that would result from the activity or discharge as authorized in the current permit and the water quality that would result from the activity or discharge as proposed in the reissued permit or license (IDAPA 58.01.02.052.06.a). For a new permit or license, the effect on water quality is determined by reviewing the difference between the existing receiving water quality and the water quality that would result from the activity or discharge as proposed in the new permit or license (IDAPA 58.01.02.052.06.a).
With respect to vessels currently operating in Idaho and discharging to waters of the State, DEQ believes that as long as discharges are not increasing, there will be no degradation or adverse change in water quality because the new permits are more stringent than the previous permits. New or increased discharges however, must be evaluated on a case-by-case basis.
As a condition of this certification, DEQ is requiring that owners/operators of vessels proposing to increase their discharges or number of vessels in their fleet, or those who are seeking coverage under the VGP for the first time, contact the appropriate DEQ Regional Office (6.8.2) to determine whether additional controls are necessary in order to ensure that high quality waters are not degraded. This condition shall ensure compliance with Idaho's tier 2 antidegradation requirements.
In sum, as long as the vessel operators comply with the terms of the NPDES permit and §401 certification then there is reasonable assurance that existing and designated beneficial uses will be protected and maintained and there will be no degradation or adverse change in water quality as required under IDAPA 58.01.02.051.02 and IDAPA 58.01.02.052.06.
Protection of Outstanding Resource Waters (Tier 3 Protection)
Idaho's antidegradation policy requires that the quality of outstanding resource waters be maintained and protected from the impacts of point source discharges. No water bodies in Idaho have been designated as outstanding resource waters to date; however, it is possible that waters may become designated during the term of these permits. Because of this possibility, DEQ has evaluated whether the proposed draft VGP and sVGP comply with the ORW antidegradation provision.
As a condition of this certification, DEQ is requiring any applicant proposing to discharge to an ORW, under either permit, to obtain an individual NPDES permit from EPA. This requirement complies with Idaho's antidegradation provisions concerning ORWs (IDAPA 58.01.02.052.09).
Owners and operators of vessels covered by the Vessel General Permit (VGP) and/or the Small Vessel General Permit are responsible for knowing the current support status of the waters in which they operate on and may discharge to. The most current EPA-approved IR must be used to determine the support status of the affected water body and can be found online: http://www.de q .idaho.gov/water-quality/surfacewater/monitoring-assessment/integrated-report.aspx.
DEQ's webpage also has a link to the state's map-based Integrated Report which presents information from the Integrated Report in a searchable, map-based format: http://mapcase.de q .idaho.gov/w q 2010/.
The information provided in Table 6.8.1 (below) is based on the 2010 Integrated Report and is subject to change. As previously stated, discharges must not contain pollutants where the receiving water body is identified as "impaired" due to those pollutants (IDAPA 58.01.02.055.04).
Table 6.8.1. Water bodies expected to receive discharges from vessels, current support status (Integrated Report, 2010)
| Region | Water Body | HUC | Support Status | · Pollutants of Concern |
|---|---|---|---|---|
| Coeur d'Alene | Clark Fork River | 17010213 | Impaired | Cadmium, Copper, Zinc, Dissolved Gas Supersaturation, Temperature |
| Coeur d'Alene Lake Kootenai River | 17010303 | Impaired Impaired | Cadmium, Lead, Zinc Temperature | |
| Lake Pend Oreille | 17010104 17010214 | Impaired | Mercury, Temperature, Dissolved Gas Supersaturation | |
| Pend Oreille River | 17010214 17010216 | Impaired | Temperature, Dissolved Gas, Supersaturation | |
| Priest Lake | Unassessed | N/A | ||
| Spokane River | 17010215 17010305 | Impaired | Cadmium, Lead, Zinc, Phosphorus | |
| Lewiston | Clearwater River | 17060304 17060306 17060308 | Multiple Categories | Dissolved Gas Supersaturation, Sedimentation, Temperature |
| Dworshak Reservoir | 17060308 | Unassessed | N/A |
As a condition of this certification, DEQ is requiring that owners/operators of vessels proposing to increase their discharges or number of vessels in their fleet, or those who are seeking coverage under the VGP for the first time, contact the appropriate DEQ Regional Office (Table 6.8.5) to determine whether additional controls are necessary in order to ensure that high quality waters are not degraded.
Owners and operators of vessels covered by these general permits must be aware of and comply with the Panhandle Health District Rules governing discharges from vessels. The
discharge of graywater or a sewage/graywater mixture otherwise authorized under this general permit is prohibited in certain regions of the state pursuant to IDAPA 41.01.01.200.01(c). Those areas include Boundary, Bonner, Kootenai, Benewah, and Shoshone counties in Northern Idaho (IDAPA
41.01.01.200.01 et seq.).
Any spill of hazardous materials must be immediately reported to the appropriate DEQ Regional Office (Table 6.8.2). Spills of petroleum products that exceed 25 gallons or that cause a visible sheen on nearby surface waters should be reported to DEQ within 24- hours. Petroleum product spills of less than 25 gallons or spills that do not cause a sheen on nearby surface waters shall be reported to DEQ if clean-up cannot be accomplished within 24-hours (IDAPA 58.01.02.850, 58.01.02.851, 58.01.02.852).
Table 6.8.2. DEQ Regional Office contact information
| Regional Office | Contact Name | Phone Number | |
|---|---|---|---|
| Coeur d'Alene | June Bergquist | 208-769-1422 | june.bergquist@deq.idaho.gov |
| Lewiston | John Cardwell | 208-799-4370 | john.cardwell@ deq.idaho.gov |
Outside of regular business hours, qualified spills should be reported to the State Communications Center (1-800-632-8000 or 208-846-7610).
Owners and operators of vessels covered by these general permits must be aware of and comply with the Idaho State Department of Agriculture Rules Governing Invasive Species (IDAPA 02.06.09).
Illinois certified the VGP with the following additional permit conditions:
compliance with the water quality standards above, the discharge of Total Residual Chlorine shall not exceed the laboratory quantification level of 0.05 mg/1 using test methods equivalent in accuracy to amperometric titration. The usage of other biocides shall not cause a violation of applicable water quality standards and shall not be discharged in concentrations considered toxic or harmful to aquatic life, pursuant to 35 Ill. Adm. Code 302.210, 302.410 and 302.540.
Indiana certified the VGP with the following additional permit conditions:
Iowa certified the VGP with the following additional permit conditions:
Kansas certified the VGP with the following additional permit conditions:
The Permittee shall not cause or contribute to a violation of the following narrative Kansas Surface Water Quality Standards [KAR28-16-28E(B)]:
Maine certified the VGP with the following additional permit conditions:
Exchange and flushing for voyages beyond the Exclusive Economic Zone. The operator of any vessel covered under the VGP whose voyage originates outside the exclusive economic zone and enters Maine waters shall conduct ballast water exchange or flushing beyond the EEZ, at least 200 nautical miles from any shore, and in water at least 2,000 meters in depth, resulting in salinity levels of at least 30 ppt. These requirements remain in effect regardless of whether the vessel is equipped with a ballast water treatment system.
No vessel which operates a treatment system in accordance with Section 2.2.3.5 of the draft VGP shall bring ballast water into Maine waters unless its ballast tanks have been exchanged or flushed at an ocean location in accordance with the above requirements, and unless any water reintroduced into the vessel's tanks is ocean water from that same general location which has been treated by the vessel's treatment system prior to entry into Maine waters.
All vessels entering Maine waters must maintain the ability to measure salinity levels in each tank onboard the vessel so that salinities of at least 30 ppt can be ensured.
This condition adds no new requirement or deadline for ballast water treatment. The requirements and deadlines for ballast water treatment are those specified in the draft VGP, Section 2.2.3.5 and Table 6. However, in addition to meeting those requirements, vessel operators will need to continue performing exchange or flushing.
This condition does not apply to vessels:
This condition does not apply if the master of the vessel determines that compliance with this condition would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other relevant condition. If a vessel is unable to conduct ballast water exchange or flushing due to serious safety concerns as specified above, the operator of any vessel with ballast on board shall take reasonable measures to avoid discharge of organisms in ballast water.
12 Large Commercial Passenger Vessels means vessels that provide overnight accommodations for 250 or more passengers for hire. 38 M.R.S.A §423-D(l)(E)
13 38 MRSA §423-D(3)
Michigan certified the VGP with the following additional permit conditions:
Ballast water exchange is defined as at least 1 empty and refill cycle of each ballast tank that contains ballast water, resulting in a salinity level of at least 30 parts per thousand (ppt). If the master of the vessel determines that such exchange is impracticable, a sufficient number of flow-through exchanges of ballast water may be conducted to achieve replacement of at least 95 percent of ballast water in ballast tanks of the vessel, resulting in a salinity level of at least 30 ppt.
Saltwater flushing is defined as the addition of ocean water to ballast water tanks, the mixing of the flushwater with residual water and sediment through the motion of the vessel, and the discharge of the mixed water, such that the resulting residual water has a salinity level of at least 30 ppt.
All vessels entering Michigan waters must maintain the ability to measure salinity levels in each ballast tank onboard the vessel so that salinities of at least 30 ppt can be ensured.
14 38 MRSA §465-A (1) and 38 MRSA §465-B(l)
15 38 MRSA §420(2) and 38 MRSA §465-B
analyzed consistent with protocols established by the MDEQ. If the MDEQ fails to establish protocols, then the requirements set forth in this condition will be waived.
The contact point for consultation, submittals, and approvals as referred to in this certification is:
Chief, Water Resources Division Michigan Department of Environmental Quality P.O. Box 30458 Lansing, Michigan 48909-7958 Phone: 517-335-4176
Minnesota certified the VGP with the following additional permit conditions:
The applicability of International Maritime Organization (IMO) D-2 ballast water discharge limits for vessels in the 2013 must not relieve any person from the duty to obtain and comply with the existing Minnesota ballast water general permit MNG300000, or subsequent modifications of that permit issued by the MPCA. Obtaining coverage under the 2013 VGP does not release any person from the duty to obtain a permit required by state law. Vessels
covered by the EPA's 2013 VGP must obtain any permits required by the state of Minnesota for vessel discharges and comply with all requirements in the applicable permit at the time of compliance review.
The operator of any vessel covered under the 2013 VGP whose voyage originates outside the exclusive economic zone and enters Minnesota waters shall not discharge ballast unless the following conditions are met: the vessel has conducted ballast water exchange or flushing beyond the EEZ, at least 200 nautical miles from any shore, and in water at least 2,000 meters in depth, while in oceanic waters, resulting in a salinity level of at least 30 parts per thousand (ppt) prior to the time the vessel enters Minnesota waters. This requirement remains in effect regardless of whether the vessel is equipped with a ballast water treatment system. This requirement is in addition to treatment requirements required under the proposed 2013 VGP.
All vessels entering Minnesota waters must maintain the ability to measure salinity levels in each tank onboard the vessel so that salinities of at least 30 ppt can be ensured prior to discharge in Minnesota waters.
For vessels entering the Great Lakes from outside the EEZ and carrying only residual amounts of ballast water and/or sediment, the flushing requirements are equivalent to those set forth in the July 1, 2012, edition of the 51. Lawrence Seaway regulations, 33 CFR §401.30(f).
This requirement does not apply to:
This requirement does not apply if the master of the vessel determines that compliance with this condition would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other relevant condition. If a vessel is unable to conduct ballast water exchange or flushing due to serious safety concerns as specified above, the operator of such vessel shall inform the MPCA and DNR prior to discharging ballast in state waters to allow a determination of whether the discharge of the ballast presents a "high risk" as described below. No ballast shall be discharged that does not meet the conditions in this part if the MPCA determines that the ballast is "high risk" and that additional treatment is necessary to protect aquatic resources.
For vessels that operate exclusively in the Great Lakes, the following Best Management Practices (BMPs) are required to be incorporated into the vessel's ballast management plan and implemented prior to discharge of ballast in Minnesota waters):
sample and analyze the ballast water discharge at least once a year (provided appropriate facilities are available) using the shipboard Environmental Technology Verification (ETV) sampling protocol, a protocol consistent with IMO G8/G9 protocols, or a compliance monitoring protocol developed by the USCG, whichever is most advanced and available. The MPCA will be available to interpret which method(s) are most advanced and available. This monitoring shall include sampling, identification and enumeration of live organisms >50 µm and between 10-50 µm in size. The monitoring results shall be submitted to EPA and the MPCA on an annual basis, consistent with the mechanisms used in the 2013 VGP for all other submissions, provided such electronic tools are made available by EPA. In the absence of available submittal tools by EPA, monitoring data must be directly submitted to the MPCA. The MPCA's point of contact is provided at the close of this letter. Such live organism monitoring shall include the collection of representative discharge samples and the testing (counting) of live organisms in such samples by qualified personnel in accordance with standard and/or best available sampling and analytical methods.
Discharges of residual biocides are authorized as defined by the September 24, 2008, Minnesota General Ballast Water Permit or subsequent reissuances, whichever is most recent. Discharge limitations for residual oxidants, and procedures for obtaining authorization to use other chemical additives are established by the permit. Obtaining coverage under the 2013 VGP does not release any person from the duty to obtain a permit required by state law.
Vessels covered by the EPA's 2013 VGP must obtain any permits required by the state of Minnesota for vessel discharges and comply with all requirements in the applicable permit at the time of compliance review.
Requirement:
All vessels must comply with the requirements of Minn. Stat. 115.1703 and any other applicable state law, statute or rule.
Missouri certified the VGP with the following additional permit conditions:
Nebraska certified the VGP with the following additional permit conditions:
Chapter 6, § 004 of Title 117- Nebraska's Surface Water Quality Standards, states that:
'No discharge of wastewater from domestic, municipal, or industrial sources shall be allowed directly into lakes or impounded waters except:
'004.01 Wastewater from sources authorized by NPDES permits to discharge to these waters prior to May 10, 1982 which have operated under active NPDES permits since then.
'004.02 Noncontact cooling waters from sources authorized by NPDES permits to discharge to these waters.
'004.03 Stormwater from sources authorized by NPDES permits to discharge to these waters.'
This precludes allowing discharges into lakes and reservoirs of greywater; bilge water, or any sewage commingled with any other discharge as described in the permits and in Federal Register Vol. 76, No. 236, pp 76716 through 76725. Vessels on these waters will need to discharge these wastewaters into sanitary dump stations that do not result in a discharge to lakes or impounded waters. Cooling water discharges are allowed. Use of these General Permits for vessels operating on streams of the State of Nebraska is acceptable.
New Hampshire certified the VGP with the following additional permit conditions:
New York certified the VGP with the following additional permit conditions:
The Department finds that the conditions in the draft VGP cannot be made less stringent without violating water quality standards and other requirements of State law, and also establishes other conditions more stringent than those contained in the draft VGP that are needed to meet the requirements of either the CWA or New York State law. As further explained herein and in the Department's Fact Sheet dated 2012, each such condition is needed to assure compliance with the relevant provisions of law and regulation which are set forth in the Department's Fact Sheet dated 2012. In accordance with 40 CFR §§ 124.53(e)(2) and (3), those provisions of the CWA and New York State law form the basis for the conditions of this Certification. In accordance with 40 CFR § 124.53 (e)(2) and (3), each such condition cannot be made less stringent and still comply with the requirements of State law and regulation, including State water quality standards. Since the requirements of New York State law and regulation, including water quality standards, are more stringent than the protections the VGP would otherwise provide, this water quality certification is necessary.
In accordance with 40 CFR § 122.44(d)(1), numeric Water Quality-Based Effluent Limitations (WQBEL) for living organisms in ballast water discharges can be set for vessels covered under the VGP. The WQBEL is set at a level which will neither cause nor contribute to an excursion above New York State water quality standards, including State narrative criteria for water quality. While this Certification does not set a WQBEL, it does specify interim measures to ensure compliance with State water quality standards, including State narrative criteria for water quality, until such time as the WQBEL is developed and fully attainable. The Certification also sets conditions for other vessel discharges such as bilge water. All studies, reports, authorities and other documents cited herein, including the Department's Fact Sheet dated 2012, are incorporated into this Certification by reference.
For example, permittees must meet the following discharge limits consistent with Section 2.2.3.5 and Table 6: Ballast Water Treatment to BAT(Best Available Technology) Schedule found in the VGP, unless excluded from these requirements by Parts 2.2.3.5.3 or 2.2.3.8 of the VGP:
No vessel subject to this condition which operates a treatment system in accordance with Section 2.2.3.5 of the draft VGP shall bring ballast water into New York waters unless its ballast tanks have been exchanged or flushed at a location at least 200 nautical miles from shore in accordance with the above requirements, and unless any water reintroduced into the vessel's tanks is ocean water from that same general location which has been treated by the vessel's treatment system prior to entry into New York waters.
All vessels entering New York waters must maintain the ability to measure salinity levels in each tank onboard the vessel so that salinities of at least 30 ppt can be ensured.
This condition adds no new requirement or deadline for ballast water treatment. The requirements and deadlines for ballast water treatment are those specified in the draft VGP, Section 2.2.3.5 and Table 6. However, in addition to meeting those requirements, vessel operators will need to continue performing exchange or flushing.
This condition does not apply to vessels:
This condition does not apply if the master of the vessel determines that compliance with this condition would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other relevant condition. If a vessel is unable to conduct ballast water exchange or flushing due to serious safety concerns as specified above, the operator of any vessel with ballast on board shall take reasonable measures to avoid discharge of organisms in ballast water and shall inform the Department in writing of the measures taken.
For vessels entering the Great Lakes from outside the EEZ and carrying only residual amounts of ballast water and/or sediment, the flushing requirements are equivalent to those set forth in the May 4, 2012 edition of the Seaway Regulations and Rules, 33 CFR 401.30(f).
New York finds that the exchange/flushing requirements set forth in this condition, including the combination of treatment with exchange or flushing, are needed to prevent impairment of waters for their best usage and are thus needed to comply with the New York State statutes and regulations indicated in the Department's Fact Sheet dated 2012. In accordance with 40 CFR 124.53 (e)(2), this condition cannot be made less stringent and still comply with State water quality standards.
The following BMPs are required to be implemented in the Great Lakes:
The following BMPs are recommended to be implemented in the Great Lakes:
New York finds that the BMPs set forth in this condition are needed to prevent impairment of waters for their best usage and are thus needed to comply with the New York State statutes and regulations indicated in the Department's Fact Sheet dated 2012. In accordance with 40 CFR 124.53 (e)(2), this condition cannot be made less stringent and still comply with State water quality standards.
after a Ballast Water Treatment System is installed, must sample and analyze the ballast water discharge at least once a year (provided appropriate facilities are available) using the California shipboard sampling protocol, or a compliance monitoring protocol developed by the USCG, whichever is most advanced and available. This monitoring shall include sampling for >50 µm and for 10-50 µm organisms. The monitoring results shall be submitted to EPA and the Department on an annual basis, consistent with the mechanisms used in the VGP for all other submissions. The Department's point of contact is provided at the close of this letter. Such live organism monitoring shall include the collection of representative discharge samples and the testing (counting) of live organisms in such samples by qualified personnel in accordance with standard and/or best available sampling and analytical methods.
New York finds that the monitoring requirements set forth in this condition are needed to prevent impairment of waters for their best usage and are thus needed to comply with the New York State statutes and regulations indicated in the Department's Fact Sheet dated 2012. In accordance with 40 CFR 124.53 (e)(2), this condition cannot be made less stringent and still comply with State water quality standards.
New York finds that the discharge prohibition set forth in this condition, coupled with the narrowly defined safety exemption, is needed to prevent impairment of waters for their best usage and is thus needed to comply with the New York State statutes and regulations indicated in the Department's Fact Sheet dated 2012. In accordance with 40 CFR 124.53 (e)(2), this condition cannot be made less stringent and still comply with State water quality standards.
North Carolina certified the VGP with the following additional permit conditions:
Ohio certified the VGP with the following additional permit conditions:
Ohio Water Quality Standards (WQS) contain narrative conditions to prohibit nuisance conditions in waters of the state. The specific standard states that "To every extent practical and possible as determined by the director, these waters shall be . . . Free from materials entering the waters as a result of human activity producing color, odor or other conditions in such a degree as to create a nuisance;" [Ohio Administrative Code 3745-1-04(C)].
In this rule, the term materials is not defined or limited; Ohio considers that this condition applies to non-indigenous nuisance species. The federal NPDES permit may not adequately prevent the introduction of new non-indigenous species, depending on the conditions issued in the final NPDES permit.
The narrative WQS also contain a provision prohibiting toxicity: "To every extent practical and possible as defined by the director, these waters shall be....Free from substances entering the waters as a result of human activity in concentrations that are toxic or harmful to human, animal or aquatic life and/or are rapidly lethal in the mixing zone;" [Ohio Administrative Code 3745-1-04(0)].
The federal NPDES permit requirement for salt water ballast exchange means that ballast water discharges to fresh water will contain large concentrations of dissolved solids; these solids have the potential to be toxic to fresh water aquatic life, and discharges must meet the narrative toxicity standard.
The discharge limits for residual chlorine, peroxyacetic acid and hydrogen peroxide do not meet Ohio WQS for continuous discharges. The federal NPDES permit's total residual chlorine discharge standard is 100 µg/l for discharges from ballast water treatment systems. This limit meets Ohio WQS for short-term intermittent discharges, but does not meet WQS for continuous discharges.
Ohio has used its authority to establish site-specific WQS to establish a separate insidemixing-zone maximum criterion for short-term exposures to chlorine. This criterion for is 200 µg/l; the otherwise applicable criterion is 38 µg/l. [OAC 3745-1-35 and -36].
Ohio EPA has developed water quality criteria applicable to bromine and combinations of bromine and chlorine. These criteria are based on data submitted by the Chemical Manufacturers Association to U.S. EPA Region V that shows bromine being approximately four times as toxic as chlorine. The water quality criteria for bromine are therefore set at1/4 of the chlorine standard.
Ohio EPA has also developed water quality criteria for peracetic acid using the criteria calculation rule OAC 3745-1-36. Similar procedures have been used by Michigan to develop water quality criteria for hydrogen peroxide and ozone (Michigan DEQ Rule 57).
Discharges of other biocides must meet the narrative water quality standard for toxicity noted above. [OAC 3745-1-04(0)].
Given the number of invasive species already in the Great Lakes, the number of recent introductions, and the likelihood of increased ship traffic, the existing program of ballast water control is not effective in preventing the introduction of invasive non-native organisms, and therefore does not meet Ohio's narrative WQS. An integrated system of ballast water treatment and management controls would reduce the number of live organisms in ballast water, and is the most effective approach to meeting the nuisance WQS. [OAC 3745-104(C)].
The draft VGP proposes treatment limits and practices to reduce the number of organisms discharged into U.S. waters. Ohio EPA believes that these controls are "practical and possible" means of controlling potentially invasive species, and is incorporating those requirements into this certification. These controls include the International Maritime Organization (IMO) treatment standards and ballast water management techniques in the draft permit.
Discharges must meet the IMO treatment standards in the VGP or 33 CFR 151.1511, whichever is more restrictive, according to the schedule in the VGP or 33 CFR 151.1512, whichever compliance date comes first.
Treatment systems to reduce the number of live organisms discharged in ballast water exist and are continuing to be developed. These treatment systems are intended to kill and/or filter all organisms from ballast water so that they are not discharged. Several of the treatment systems being designed to meet the discharge standards of the International Maritime Organization (IMO) can remove a large percentage, if not all, organisms. Ohio EPA is certifying IMO standards because they are the most widely accepted and tested standards in the world. These treatment systems shall be operated to maximize the destruction and/or removal of organisms in the ballast water, with the object of discharging no viable organisms.
The VGP contains additional management controls on ballast water discharges that can reduce the risk of organisms discharged in ballast water. These controls are currently in-use by many ships, and are therefore reasonable conditions. As they are capable of reducing the risk of nuisance organisms discharged, these conditions are required to meet OAC 3745-104(C):
Vessels that operate outside the U.S. Exclusive Economic Zone (EEZ) and more than 200 nautical miles from shore, and then enter the Great Lakes via the St. Lawrence Seaway System must conduct salt water flushing of ballast tanks. This condition applies both before and after treatment system deadlines in the VGP;
Vessels are prohibited from discharging ballast water sediment in Ohio waters.
Ohio EPA believes that the IMO certification combined with ballast water flushing and exchange is sufficient demonstration that these treatment standards are "practical and possible" methods for meeting ballast water treatment standards for ocean-going ships. U.S. EPA's fact sheet demonstrates that more restrictive treatment standards cannot be reliably attained or measured at this time.
Ohio EPA also believes that there are reasons to treat existing vessels that operate exclusively within the Great Lakes differently than those that operate outside the Lakes. The effluent flows of ballast water are larger than ocean-going vessels, are discharged more rapidly that the ballast water of ocean-going vessels, and space for treatment equipment is limited on existing lake vessels. These factors affect the practicability of treatment. Ohio EPA believes that IMO treatment standards are not "practical and possible" at this time for existing vessels operating exclusively within the Great Lakes, as defined in the VGP.
If the federal government adopts treatment standards more stringent than IMO, then those standards shall replace the above treatment standards for new treatment systems installed after the date those federal standards go into effect.
The Director will evaluate treatment standards equivalent to IMO or more restrictive standards for all vessel classes covered by the federal general permit (including both oceangoing vessels and vessels that operate only in the Great Lakes) when he issues the next certification on this permit. The decision to require IMO or more restrictive treatment standards will be based on treatment system availability and costs, and other considerations required by law.
It is likely that discharges of ballasted sea water will not meet the toxicity narrative water quality standard if discharged in the relatively shallow water of Ohio's Lake Erie ports, due to the dissolved solids levels in sea water. Discharges in the open waters of the Lake minimize the risk of toxicity, and will allow the standard to be met. In order to prevent toxicity to ambient organisms or rapidly lethal conditions, discharges of ballasted sea water within the breakwalls of Ohio's Lake Erie Ports is prohibited.
For ballast water treatment systems using chlorine, discharges must meet a maximum chlorine limit of 38 micrograms per liter (µg/l) if the discharge lasts for more than 160 minutes/day; the limit is 200 µg/l if the discharge is 160 minutes/day or less. [OAC 3745-107 (inside-mixing-zone maximum water quality standards, definition and applicability), OAC 3745-1-35, (site-specific WQS, exposure time-based criteria), OAC 3745-1-36 (aquatic life criteria calculation procedures, equivalency of IMZM with FAV criteria), OAC 3745-2-05(8)(3) (maximum limits for discharges to lakes)]. These standards apply to all ballast water treatments - both experimental and those treatments installed to meet IMO standards.
Biocides other than the biocides listed in c. above used in ballast water treatment must meet Ohio's narrative toxicity water quality standard. To meet the 'no rapidly lethal conditions' narrative, discharges of all biocides must meet inside-mixing-zone water quality standards
(Final Acute Values) as determined by the OAC Rule 3745-1-36 [Great Lakes Initiative rule procedures]. The discharge of organic quaternary ammonium compounds is prohibited.
Rhode Island certified the VGP with the following additional permit conditions:
This condition adds no new requirement or deadline for ballast water treatment. The requirements and deadlines for ballast water treatment are those specified in the draft VGP, Section 2.2.3.5 and Table 6. However, in addition to meeting the requirements in Section 2.2.3.5 and Table 6, vessel operators will need to continue performing exchange or flushing. This condition does not apply to vessels that either have no ballast tanks or that carry only permanent ballast water, all of which is contained in sealed tanks that are not subject to discharge, or that carry only potable water that meets the requirements of section 2.2.3.5.1.3 of the draft VGP in their ballast tanks.
This condition does not apply if the master of the vessel determines that compliance with this condition would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other relevant condition. If a vessel is unable to conduct ballast water exchange or flushing due to serious safety concerns as specified above, the operator of any vessel with ballast on board shall take reasonable measures to avoid discharge of organisms in ballast water and shall inform the Department in writing of the measures taken.
The above condition combines water quality protection with operational flexibility. They provide flexibility to the industry by allowing further development of treatment technology and testing protocols. While not a mandatory requirement, the Department urges vessel permittees to voluntarily install currently available technologies that go beyond the IMO D-2 standard (e.g., systems that have demonstrated the ability to meet and exceed a 10X IMO level of treatment) as a means of gaining useful experience while contributing to the advancement of treatment technology.
Rhode Island waters, the operator is prohibited from discharging bilge water within Rhode Island waters.
The Department finds that this condition is necessary to protect the ecological integrity of RI waters from the discharge of invasive species within bilge water. The BMP's required within the draft VGP include prohibitions on releases of certain chemicals, including dispersants, detergents, emulsifiers, chemicals, and other substances; however it has been demonstrated 16 that bilge water is a significant vector for transporting invasive species. The Department has added this condition but isolated it to those vessels that originate outside of the EEZ since the prohibition is intended to restrict the discharge of invasive species to Rhode Island waters.
Vermont certified the VGP with the following additional permit conditions:
16 Muir, Adrianna A. PhD, California Research bureau, Managing Coastal Aquatic Invasive Species in California: Existing Policies and Policy Gaps: Requested by Senate Natural Resources and Water Committee; January 2011. CRB 11-001.
1312, 1313, 1316, 1317 and 1341 (CWA §§ 301, 302, 303, 306, 307 and 401), and that permittees and their activities will not contravene applicable limitations, standards and other appropriate requirements of State law, provided the following conditions set forth in this Certification are met.
Washington certified the VGP with the following additional permit conditions:
The conditions and requirements of the Vessel General Permit (VGP) shall extend to all surface waters of the state. (Authority- Article XXIV of the Washington State Constitution and 43 USC§ 1312.)
The release of nonnative aquatic animal species from in-water cleaning of vessel hulls, niche areas, and running gear without approval from the Washington Department of Fish and Wildlife (WDFW) is forbidden by RCW 77.15.253. The state VGP/sVGP webpage described in Condition 6.24.5. contains contact information and instructions for seeking WDFW approval.
Allowing biofouling to accumulate and mature without hull cleaning can also be interpreted as an illegal release. Operators of vessels with hulls which have not been cleaned for months or that are involved in extended unmanned periods or other lay- ups as described in VGP Part 4.1.1.2 should conduct a hull inspection. A hull inspection under these circumstances is especially needed before leaving on a voyage to Washington State waters or a voyage between COTP zones within the state. In accordance with VGP Part 3, hull cleaning must be conducted when needed.
The following incidents must be reported as soon as possible but no more than 24 hours after first becoming aware of their occurrence to the Washington State Department of Health (WDOH) at 360-236-3330 or 360-789-8962 (after hours). Information provided should include the discharge location (latitude and longitude), discharge volume, discharge type, date and time, and duration of discharge. WDOH need not be notified of any incident not occurring in state waters. (Authority - RCW 69.30.130.)
In order to assist the public and shipping industry with sVGP requirements and related information, the Department of Ecology maintains a VGP/sVGP webpage at: http://www.ecy.wa.gov/programs/wq/permits/VGP/ . The webpage describes the legal history of the vessel permits and provides links to important state and federal documents. The webpage has guidance for graywater discharges, oily water separator discharges, and in-water load line painting. Hull cleaning guidance will be developed and added. Information will be added on no discharge zones when they are granted. Guidance on pumpout facilities will be included.
Wisconsin certified the VGP with the following additional permit conditions:
Table 6.24.1
| Parameter | Limit and Units | Limit Type | Sample Type |
|---|---|---|---|
| Organisms > 50 µm in minimum dimension | < 10 viable organisms perm 3 | Daily Average | Composite |
| Organisms 10 - 50 µm in minimum dimension | < 10 viable organisms per ml | Daily Average | Composite |
| Escherichia coli | < 250 cfu per 100 ml | Daily Average | Composite |
| Intestinal enterococci | < 250 cfu per 100 ml | Daily Average | Composite |
feasible management alternatives are available to minimize that risk and protect waters of the state.
The following definitions apply to this permit. Terms not defined in this Appendix have the meaning given by 40 CFR §122.2. When a defined term appears in a definition, the defined term is placed in quotation marks as an aid to readers.
'Active Substance' means a substance or organism, including a virus or a fungus, that has a general or specific action on or against harmful aquatic organisms and pathogens. [source: BW Treaty Reg A-1(7)]
'Alternative Management System' means the meaning given to ballast water treatment systems given by the U.S. Coast Guard under 33 CFR 151.2026.
'Appropriate Regional Office' means the regional office listed in Appendix B of the Permit responsible for the waters where the vessel spends the most time or is based in a home port.
'Aqueous Film-Forming Foam' means the firefighting foam and seawater mixture discharged during training, testing, or maintenance operations. [source: 40 C.F.R 1700.4]
'Ballast Tank' means any tank or hold on a vessel used for carrying 'ballast water,' whether or not the tank or hold was designed for that purpose [source: 33 CFR §151.2025]
'Ballast Water Exchange' see 'Exchange.'
'Ballast Water' means any water and suspended matter taken on board a vessel to control or maintain, trim, draught, stability, or stresses of the vessel, regardless of how it is carried. [source: 33 C.F.R 151.1504]
'Ballast Water Capacity' means the total volumetric capacity of any tanks, spaces, or compartments for carrying, loading, or discharging 'ballast water,' including any multi-use tanks, space or compartment designed to allow carriage of 'ballast water.'
'Bilgewater' means the wastewater from a variety of sources that accumulates in the lowest part of the vessel (the bilge).
'Bioaccumulative' means the opposite of 'Not Bioaccumulative'.
'Biocide' means a substance or organism, including a virus or a fungus, which is introduced or produced to kill or eliminate organisms to prevent biofouling, to prevent the transfer of invasive species, or to eliminate organisms as part of the ballast water treatment process.
'Biodegradable' means the following for purposes of the VGP:
carbon, production of at least 60 percent of the theoretical carbon dioxide, or consumption of at least 60 percent of the theoretical oxygen demand within 28 days. Acceptable test methods include: Organization for Economic Co-operation and Development Test Guidelines 301 A-F, 306, and 310, ASTM 5864, ASTM D-7373, OCSPP Harmonized Guideline 835.3110, and International Organization for Standardization 14593:1999. For lubricant formulations, the 10% (w/w) of the formulation that need not meet the above biodegradability requirements, up to 5% (w/w) may be nonbiodegradable (but not bioaccumulative) while the remainder must be inherently biodegradable. For grease formulations, the 25% (w/w) of the formulation that need not meet the above biodegradability requirement, the constituent substances may be either inherently biodegradable or non-biodegradable, but may not be bioaccumulative. Acceptable test methods to demonstrate inherent biodegradability include: OECD Test Guidelines 302C (>70% biodegradation after 28 days) or OECD Test Guidelines 301 A-F (>20% but <60% biodegradation after 28 days).
'Boat Engine Wet Exhaust' means the seawater that is mixed and discharged with small boat propulsion engine exhaust to cool the exhaust and quiet the engine. [source: 40 C.F.R 1700.4]
'Captain of the Port' (COTP) means the Coast Guard officer designated as the COTP, or a person designated by that officer, for the COTP zone covering the U.S. port of destination. These COTP zones are listed in 33 CFR Part 3. [source: 33 CFR §151.2025]
'Chain Locker Effluent' means the accumulated precipitation and seawater that is emptied from the compartment used to store the vessel's anchor chain. [source: 40 CFR §1700.4]
'Coastal Exchange Zone' means an area greater than 50 nm from shore and greater than 200 meters in depth.
'Commercial Fishing Vessel' means any vessel which is documented under the laws of the United States or, if under five net tons, registered under the laws of any state, and used for commercial fishing or activities directly related to commercial fishing. (source: modified from 50 CFR §296.2)
'Commercial Vessel' means any 'vessel' other than a 'recreational vessel' or a vessel of the U.S. armed forces.
'Constructed' means a state of construction of a vessel at which-
"Control Measure" means any BMP or other method (including effluent limitations) used to prevent or reduce the discharge of pollutants to waters of the United States.
'Controllable Pitch Propeller Hydraulic Fluid' means the hydraulic fluid that discharges into the surrounding seawater from propeller seals as part of normal operation, and the hydraulic fluid released during routine maintenance of the propellers. [source: 40 CFR §1700.4]
'Cruise Ship' means a passenger ship used commercially for pleasure cruises that provides overnight accommodations to passengers.
'Darkness' means sunset to sunrise.
'Deck' means a horizontal surface or part thereof serving as a floor or structural support over the upper section of the hull and which is exposed to weather and sea such as freeboard and superstructure decks from which runoff may originate.
'Deck Runoff' means the precipitation, washdowns, and seawater falling on the weather deck of a vessel and discharged overboard through deck openings. [source: 40 CFR §1700.4]
'Delivered' means the date of the owner's/operator's formal acceptance of the ship from the builder or another seller or the point in time when custody or ownership of the vessel officially transfers from the shipbuilder or other seller to the owner/operator.
'Devices for which high quality data are available' means either:
(iii)all 'Active Substance' or 'Biocide' data (e.g., the full data package as submitted to the International Maritime Organization for approval) have all been made available to the US EPA.
'Discharge Incidental to the Normal Operation of a Vessel' means those discharges that were excluded from the NPDES permitting program by operation of 40 CFR §122.3(a) as in effect on September 29, 2008.
'Distillation and Reverse Osmosis Brine' means the concentrated seawater (brine) produced as a by-product of the processes used to generate freshwater from seawater. [source: 40 CFR §1700.4]
'Drydocking' or 'next drydocking' for purposes of the VGP, means the next scheduled drydocking, consistent with the requirements of 46 CFR 31.10-21 (typically, at least every five years or sooner). In the context of ballast water implementation schedule, it means hauling out of a vessel or placing a vessel in a drydock or slipway for an examination of all accessible parts of the vessel's underwater body and all through-hull fittings and does not include emergency drydocking and emergency hull repairs.
'Elevator Pit Effluent' means the liquid that accumulates in, and is discharged from, the sumps of elevator wells on vessels. [source: 40 CFR §1700.4]
'Environmentally Acceptable Lubricants' means lubricants that are 'biodegradable' and 'minimally-toxic,' and are 'not bioaccumulative' as defined in this permit. For purposes of the VGP, products meeting the permit's definitions of being an 'Environmentally Acceptable Lubricant' include those labeled by the following labeling programs: Blue Angel, European Ecolabel, Nordic Swan, the Swedish Standards SS 155434 and 155470, Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) requirements, and EPA's Design for the Environment (DfE).
'ETV Protocol' means EPA's final protocol for verification of ballast water treatment systems published in September 2010 and subsequent revisions.
'Exchange' means to replace the water in a ballast tank using one of the following methods:
'Exclusive Economic Zone' (EEZ) means the area established by Presidential Proclamation Number 5030, dated March 10, 1983 ( 48 FR 10605 ) which extends from the base line of the
territorial sea of the United States seaward 200 miles, and the equivalent zone of Canada. [source: 33 CFR §151.2025]
'Ferry' means a vessel having provisions for deck passengers and/or vehicles operating between two points over the most direct water route, operating on a frequent schedule, and offering a public service of a type normally attributed to a bridge or tunnel. [modified from: 46 CFR §70.10-1]
'Firemain Systems' means the seawater pumped through the firemain system for firemain testing, maintenance, and training, and to supply water for the operation of certain vessel systems. [source: 40 CFR §1700.4]
'Fish Hold' means the area where seafood or seafood products are kept once caught and kept fresh during the remainder of the voyage before being offloaded to shore or another tender vessel. The fish hold is typically a refrigerated seawater holding tank, where the seafood product is kept cool by mechanical refrigeration or ice. It can also include continuous flow systems needed to keep certain organisms such as lobster and crab alive until they are unloaded. Fish hold effluent is the water discharged from fish holds.
'Fouling Organisms' means any aquatic flora and/or fauna which attach to, associate with, and/or grow on or in the vessel.
'Freshwater Layup' means the potable water or freshwater taken from surrounding waters that is discharged from the water cooling system while the vessel is in port, and the cooling system is in lay-up mode (a standby mode where seawater in the system is replaced with potable water for corrosion protection). [modified from: 40 CFR §1700.5(d)]
'Gas Turbine Water Wash' means the water released from washing gas turbine components. [source: 40 CFR §1700.4]
'Graywater' means galley, bath, and shower water, as well as wastewater from lavatory sinks, laundry, and water fountains. [modified from 40 CFR §1700.4 but removed shop sinks]
'Gross Ton' means the size of the vessel as calculated using the formula set by the International Convention on Tonnage Measurement of Ships, 1969. GT = K * V where V = total volume in m³ and K = a figure from 0.22 up to 0.32, depending on the ship's size (calculated by: K = 0.2 +0.02 * log10V).
'Hazardous materials' means, for purposes of the VGP, any hazardous material as defined in 49 CFR § 171.8.
'High quality data' see 'Devices for which high quality data are available'
'Hull Coating Leachate' means the constituents that leach, dissolve, ablate, or erode from the paint on the hull into the surrounding seawater. [source: 40 CFR §1700.4]
'IMO Guidelines' mean the Guidelines for the Control and Management of Ships' Ballast Water to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens (IMO Resolution A.868 (20), adopted November 1997). [source: 33 CFR §151.2025]
'In Port' means, for the purposes of this permit, anchored, moored, or otherwise secured while located in waters subject to this permit which are inside the baseline of the U.S. territorial sea.
'Laker' means Existing Bulk Carrier Vessels built before January 1, 2009, that operate exclusively in Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border), including all other bodies of water within the drainage basin of such lakes and connecting channels).
'Large Cruise Ship' means a passenger ship, used commercially for pleasure cruises, that provides overnight accommodations to passengers, and is authorized by the U.S. Coast Guard to carry 500 or more passengers.
'Large Ferry' means a 'ferry' that: a) has a capacity greater than or equal to 100 tons of cargo (e.g., for cars, trucks, trains, or other land-based transportation) or b) is authorized by the U.S. Coast Guard to carry 250 or more people.
'Length of Vessel' means the horizontal distance between the foremost part of a vessel's stem to the aftermost part of its stern, excluding fittings and attachments.
'Major Conversion' means a conversion of a vessel, that-
'MARPOL 73/78' means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto. [ [source: modified from 40 CFR §110.1]
'MARPOL vessel' means a ship subject to Annex I of the International Convention for the Prevention of Pollution from Ships as implemented by the Act to Prevent Pollution from Ships and the oil pollution provisions of U.S. Coast Guard regulations in 33 CFR Part 151, Subpart A.
'Master' means captain, person-in-charge, or other party responsible for operation of the vessel.
'Medium Cruise Ship' means a passenger ship, used commercially for pleasure cruises, that provides overnight accommodations to passengers, and is authorized by the U.S. Coast Guard to carry 100 to 499 passengers.
'Mid-Ocean' means waters greater than 200 nm from any shore.
'Mile' means nautical mile as used in this permit, or 6076.1 feet or 1.852 kilometers.
'Minimally-Toxic' means a substance must pass either OECD 201, 202, and 203 for acute toxicity testing, or OECD 210 and 211 for chronic toxicity testing. For purposes of the VGP,
equivalent toxicity data for marine species, including methods ISO/DIS 10253 for algae, ISO TC147/SC5/W62 for crustacean, and OSPAR 2005 for fish, may be substituted for OECD 201, 202, and 203. If a substance is evaluated for the formulation and main constituents, the LC50 of fluids must be at least 100 mg/L and the LC50 of greases, two-stroke oils, and all other total loss lubricants must be at least 1000 mg/L. If a substance is evaluated for each constituent substance, rather than the complete formulation and main compounds, then constituents comprising less than 20 percent of fluids can have an LC50 between 10-100 mg/L or a no observed effect concentration (NOEC) between 1-10 mg/L, constituents comprising less than 5 percent of fluids can have an LC50 between 1-10 mg/L or a NOEC between 0.1-1 mg/L, and constituents comprising less than 1 percent of fluids can have an LC50 less than 1 mg/L or a NOEC between 0-0.1 mg/L.
'Minimally-Toxic Soaps, Cleaners, and Detergents' means any substance or mixture of substances which has an acute aquatic toxicity value (LE50) corresponding to a concentration greater than 10 ppm and does not produce 'byproducts' with an acute aquatic toxicity value (LE50) less than 10 ppm. EPA expects that minimally-toxic soaps, cleaners, and detergents will contain little to no nonylphenols.
'Minimize' means to reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best marine practice.
'Motor Gasoline and Compensating Discharge' means the seawater taken into, and discharged from, motor gasoline tanks to eliminate free space where vapors could accumulate. [source: 40 C.F.R 1700.4]
'New Build' means vessels 'constructed' after a given date. This permit contains 'New Build' dates of December 19, 2008 (See Part 5.2), January 1, 2009 (See Part 2.2.3.5.3.3), December 1, 2013 (See Part 2.2.3.5), and December 19, 2013 (See Parts 2.2.2, 2.2.9, 2.2.15.2)
'Niche Areas,' for purposes of Parts 2.2.23, 4.1.3, and 4.1.4, means the areas identified in MEPC.207(62) found at 7.3 of that document. Thos areas include 'propeller thrusters and propulsion units, sea chests, rudder stocks and hinges, stabilizer fin apertures, rope guards, stern tube seals, and propeller shafts, cathodic protection anodes, anchor chain and chain lockers, free flood spaces inherent to the ship's design, sea chest and thruster tunnel grates, echo sounders and velocity probes, overboard discharge outlets and sea inlets, and areas prone to anti-fouling coating system damage or grounding. . .' [source, modified from MEPC.207(62)]
'Non-Oily Machinery Wastewater' means the combined wastewater from the operation of distilling plants, water chillers, valve packings, water piping, low- and high-pressure air compressors, propulsion engine jacket coolers, fire pumps, and seawater and potable water pumps. [modified from: 40 CFR §1700.4]
'Not Bioaccumulative' means -
'Noxious Liquid Substance' ('NLS') has the same meaning given that term by 33 CFR Part 151, Subpart A.
'Oil' means oil of any kind or in any form, including but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil. [modified from: 33 CFR §154.105]
'Oil in Quantities that May be Harmful' means any discharge of oil having the effects identified in 40 CFR 110.3, provided that this term does not include those discharges specified in 40 CFR 110.5(a) - (c).
'Oily Mixture' means a mixture, in any form, with any oil content, including, but not limited to: (1) slops from bilges; (2) slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse); (3) oil residue; and (4) oily ballast water from cargo or fuel oil tanks. [source: 33 CFR §151.05]
'Owner or Operator' and 'Owner/Operator' mean the owner or operator of any facility or activity subject to regulation under the NPDES program. For purposes of this permit, an 'operator' means a party, including a charterer by demise, who:
'Pacific Coastwise Trade' means vessels engaged in coastwise trade along the Pacific Coast of the United States, operating in and between ports in Alaska, California, Oregon, and Washington.
'Pacific Nearshore Voyages' means voyages by any vessels engaged in the 'Pacific Coastwise Trade' and vessels transiting between Pacific Ports that travel between more than one 'Captain
of the Port Zone', and all other vessels that sail from foreign, non U.S. Pacific, Atlantic, or Gulf of Mexico ports, which do not sail further than 200 nm from any shore, and that discharge or will discharge ballast water into the territorial sea or inland waters of Alaska or of the West Coast of the continental United States.
'Permittee' means the 'Owner or Operator' of a permitted vessel.
'Person' means an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof. [source - 40 CFR §122.2]
'Phosphate Free' soaps, cleaners, and detergents means these materials which contain, by weight, 0.5 percent or less of phosphates or derivatives of phosphates.
'Photographic Laboratory Drains' means the drains containing laboratory wastewater resulting from processing of photographic film. [adapted from: 40 CFR §1700.4]
'Port' see 'In Port.'
'Port or Place of Departure' means any port or place in which a vessel is anchored or moored. [source: 33 CFR §151.2025]
'Port or Place of Destination' means any port or place to which a vessel is bound to anchor or moor. [source: 33 CFR §151.2025]
'Recreational Vessel' means any 'Vessel' that is manufactured or operated primarily for pleasure or leased, rented, or chartered to another for the pleasure of that person. This term does not include a vessel that is subject to Coast Guard inspection and that is engaged in commercial use or carries paying passengers. [source: 33 U.S.C. 1362(25)]
'Saltwater Flushing' means the addition of 'Mid-Ocean' (in the case of 2.2.3.7) or 'Coastal Exchange Zone' (in Part 2.2.3.8) water to empty ballast water tanks; the mixing of the added water with residual ballast water and sediment through the motion of the vessel; and the discharge of the mixed water until loss of suction, such that the resulting residual water remaining in the tank has either a salinity greater than or equal to 30 parts per thousand (ppt) or a salinity concentration equal to the ambient salinity of the location where the uptake of the added water took place.
'Seafood Processing' means the conversion of aquatic animals from a raw to marketable form which involves more than evisceration of fish or other seafood at sea.
'Seawater Cooling Overboard Discharge' means the discharge of seawater from a dedicated system that provides noncontact cooling water for other vessel systems. [source: 40 CFR §1700.4]
'Seawater Piping Biofouling Prevention' means the discharge of seawater containing additives used to prevent the growth and attachment of biofouling organisms in dedicated seawater cooling systems on selected vessels. [source: 40 CFR §1700.4]
'Sewage' means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes that are discharged from vessels, except that with respect to commercial vessels on the Great Lakes, this term includes galley, bath, and shower water.
'Sonar Dome Discharge' means the leaching of antifoulant materials into the surrounding seawater and the release of seawater or freshwater retained within the sonar dome. [source: 40 CFR §1700.4]
'Surface Vessel Bilgewater/Oily Water Separator Effluent' means the wastewater from a variety of sources that accumulates in the lowest part of the vessel (the bilge), and the effluent produced when the wastewater is processed by an oil water separator. [source: 40 CFR §1700.4]
'Technical Water' means water that is collected, generated or managed on board for uses other than potable water.
'Territorial sea' has the meaning assigned by section 502(8) of the Federal Water Pollution Control Act (33 USC 1362(8)).
'Treated Bilgewater' means bilgewater treated with an oily water separator and having oil concentrations less than 15 ppm and that does not result in a discharge of oil in quantities that may be harmful, pursuant to 40 CFR Part 110.
'Toxic Materials' means, for purposes of the VGP: any toxic pollutant identified in 40 CFR 401.15.
'United States' means the States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. [modified from CWA section 502(3) ]
'Underwater Ship Husbandry Discharges' means the materials discharged during the inspection, maintenance, cleaning, and repair of hulls or hull appendages performed while the vessel is waterborne. [modified from: 40 CFR §1700.4]
'Untreated Bilgewater' means 'Bilgewater' that is not treated or 'Bilgewater' with a concentration of oil greater than 15 ppm.
'Untreated Graywater' means graywater that is not treated to the standards found in Part 5.1.2.2 of this permit for large and medium cruise ships and the standards found in part 2.2.15.1(ii) for all other vessels.
'Vessel' means every description of watercraft or other artificial contrivance being used as a means of transportation on 'Waters Subject to this Permit.' [modified from CWA section 312(a)]
'Vessels Unable to Voyage More than 1 mile from Shore' or 'Vessels Unable to Voyage More than 3 miles from Shore' means vessels operating in waters which do not physically allow them to voyage more than 1 nm or 3 nm (as applicable) from shore (e.g., underway on inland river systems) or vessels which do not possess required certifications from the U.S. Coast Guard to operate more than 1 nm or 3 nm (as applicable) from shore.
'Visible Sheen' means a 'silvery' or 'metallic' sheen, gloss, or increased reflectivity; visual color; iridescence, or oil slick on the surface . [Source: 58 FR 12507].
'Voyage' means, for the purposes of VGP Part 4.1.1 (including its routine visual inspection provisions), that a voyage begins when the vessel departs a dock or other location at which it has loaded or unloaded (in whole or in part) cargo or passengers, and ends after it has tied-up at another dock or location in order to again conduct either of such activities. For example, for a barge on the Mississippi River, such voyage would begin when it departs a location at which it has cargo loaded onto it and end when cargo is unloaded at another location. For the purposes of the inspection provisions, an inspection can be conducted while the vessel is at the dock.
'Waters Subject to this Permit' means 'waters of the U.S.' as defined in as 40 CFR 122.2 and extends to the outer reach of the 3-mile territorial sea as defined in section 502(8) of the CWA, unless otherwise excluded from coverage by Part 6 of the permit.
'Welldeck Discharges' means the water that accumulates from seawater flooding of the docking well (welldeck) of a vessel used to transport, load, and unload amphibious vessels, and from maintenance and freshwater washings of the welldeck and equipment and vessels stored in the welldeck. [source: 40 CFR §1700.4]
'You' means the 'Owner' or 'Operator ' of a permitted vessel.
5 Post Office Square - Suite 100 Boston, MA 02109-3912 New England States: (888) 372-7341 Outside New England: (617) 918-1111
290 Broadway, 24th Floor New York, NY 10007-1866 Phone: (212) 637-3660
1650 Arch St Philadelphia, PA 19103 Phone: 215-814-5000 Toll Free w/in Region 3: (800) 438-2474
Atlanta Federal Center 61 Forsyth St SW Atlanta, GA 30303-8960 Phone: (404) 562-9756 Phone: (404) 562-9304 Toll Free: 1-800-241-1754
Ralph Metcalfe Federal Building 77 W Jackson Blvd Chicago, IL 60604-3507 Phone: (312) 353-2000
1445 Ross Ave Dallas, TX 75202-2733 Phone: (214) 665-6444
11201 Renner Boulevard Lenexa, Kansas 66219 Phone: (913) 551-7003 Toll-Free: 1-800-223-0425
1595 Wynkoop St Denver, CO 80202-1129 Phone: (303) 312-6312 Toll Free w/in Region 8: (800) 227-8917
75 Hawthorne St San Francisco, CA 94105-3901 Phone: (415) 947-8000 Toll Free: (866) EPA-WEST
1200 6th Ave, Suite 900 Seattle, WA 98101-1128 Phone: (206) 553-1200 Toll Free: (800) 424-4EPA
This permit is effective in Waters of the United States for any state, territory, Indian Country, or the District of Columbia listed as covered under Part 6 of this permit. If states or tribes determine to seek authorization to issue vessel permits pursuant to the CWA, areas covered by this permit could change.
Reserved.
Under the provisions of the CWA, as amended (33 USC 1251 et. seq.), federal law prohibits discharges incidental to the normal operation of a vessel unless that discharge is covered under an NPDES Permit. To obtain authorization under this permit, operators must meet the eligibility requirements found in Part 1.2 of the Permit and, if required by Part 1.5.1.1 of the Permit, submit a complete and accurate NOI according to the requirements in Appendix E. NOIs must be signed in accordance with 40 CFR §122.22.
An owner/operator is required to submit an NOI if the vessel meets either of the following two criteria:
Or
Owners/operators required to submit an NOI for their vessel must submit an NOI in accordance with deadlines provided in the following table.
Table 1: NOI Submission Deadlines/Discharge Authorization Dates
| Category | NOI Deadline | Discharge Authorization Date* |
|---|---|---|
| Vessels authorized to discharge under the 2008 Vessel General Permit (VGP) | No later than December 12, 2013 or 7 days prior to discharge into waters subject to this permit, whichever is later | For eNOIs: December 19, 2013 or, if not submitted by December 12, 2013, 7 days after complete NOI processed** by EPA For Paper NOIs: 30 days after complete NOI processed by EPA |
| New Owner/Operator of Vessel - transfer of ownership and/or operation of a vessel whose discharge is previously authorized under this permit | By date of transfer of ownership and/or operation | Date of transfer or date EPA processes NOI, whichever is later |
Table 1: NOI Submission Deadlines/Discharge Authorization Dates
| Category | NOI Deadline | Discharge Authorization Date* |
|---|---|---|
| New vessels delivered to owner or operator after December 19, 2013 | For vessels submitting eNOIs: 7 days prior to discharge into waters subject to this permit For vessels submitting Paper NOIs: At least 30 days prior to discharge into waters subject to this permit | For eNOIs: 7 days after complete NOI processed by EPA For Paper NOIs: 30 days after complete NOI processed by EPA |
| Existing vessels delivered to owner or operator after December 19, 2013 that were not previously authorized under this permit | For vessels submitting eNOIs: 7 days prior to discharge into waters subject to this permit For vessels submitting Paper NOIs: At least 30 days prior to discharge into waters subject to this permit | For eNOIs: 7 days after complete NOI processed by EPA For Paper NOIs: 30 days after complete NOI processed by EPA |
An operator of a vessel is not required to submit an NOI pursuant to Part 1.5.1.2 of the permit if the vessel is less than 300 gross tons and does not have the capacity to hold or discharge more than 8 cubic meters (2113 gallons) of ballast water. Owner/operators that are not required to submit an NOI must sign and maintain a copy of the PARI form onboard their vessel.
All NOIs must be completed and filed using the eNOI system at www.epa.gov/vessels/enoi. Alternatively, if you meet one of the exemptions from electronic reporting found in Part 1.14 of the VGP, you may send your completed NOI to the Notice Processing Center at EPA Headquarters, EPA Vessel Notice Processing Center, Mail Code 4203M, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. If you have questions about whether you need to file an NOI or questions about completing the form, refer to www.epa.gov/vessels/enoi or contact the NOI center at 1-866-352-7755. Updated contact information will be maintained at www.epa.gov/npdes/vessels.
Provide the full legal name of the person, firm, public organization, or other entity that is the owner/operator of the vessel, as well as the name of the certifying official. Include the complete contact information for the owner/operator. The mailing address, city, state/province and country, as well as zip code and phone number are required. The email address is required if the NOI is submitted electronically. The fax number is optional. Please do not use abbreviations for cities, and when using abbreviations for US states, please use only the official postal abbreviations which may be found at https://www.usps.com/send/official-abbreviations.htm .
Provide the vessel name, previous VGP tracking number (if applicable), registered identification number (if applicable), vessel International Maritime Organization (IMO) number (if applicable), call sign, and port of registry. You must complete all of these fields if those data are available (failure to submit available information is a permit violation). Provide port of registry by spelling out entire name of location (e.g., New Orleans, Louisiana, United States). Select the type of vessel by checking the appropriate box. Enter the vessel tonnage in gross tons, the length in feet, and the ballast water capacity in gallons or m³. Enter the year in which the vessel was built, as well as the date of last dry-dock and the date of the next scheduled or anticipated dry-dock. If the vessel is not required to have measurements in gross tons, gross registered tons may be used instead; however, you must indicate that the measurements are in gross registered tons. Indicate whether the vessel currently holds or has ever held an NPDES permit other than the VGP. Include the permit number, dates of permit coverage, and discharges covered. If the vessel is covered under this General Permit and this NOI is being submitted for a transfer of ownership to continue coverage, check the appropriate box, and include the date of transfer. Enter the NAICS code: a listing of NAICS codes can be found at http://www.census.gov/eos/www/naics/.
Enter the vessel home port, or if it does not have a home port, enter the U.S. port it most frequently visits. Provide the name of each US port the vessel may visit during the Permit term. Do not use abbreviations for cities, and when using abbreviations for US states, please use only the official postal abbreviations which may be found at:
https://www.usps.com/send/official-abbreviations.htm . This list does not need to be exhaustive, but should be based on ports visited in the past and should be representative of the geographic area in which the vessel travels. Indicate the number of overnight berths for passengers and crew separately for each vessel, as well as maximum passenger and crew capacity typical of normal operation of the vessel. Also, select the appropriate box to indicate if the vessel will travel in ocean waters seaward of the US exclusive economic zone (EEZ) and more than 200 nautical miles from any shore during the period of permit coverage. Indicate whether the vessel engages in nearshore voyages.
From the list provided, select each applicable discharge type that your vessel may create. All discharges incidental to the normal operation of a vessel are included in permit coverage; you do not have to select each discharge type for your vessel to receive coverage for all discharges you may have; however, when completing the NOI, vessel owner/operators should list all discharge types they expect from their vessels. Select the appropriate box to indicate whether the vessel ever engages or has the capacity to engage in industrial operations, such as seafood processing, energy exploration, or mining. If the vessel will be using a ballast water treatment system, check the appropriate box and answer the questions related to the discharge of residual biocides. The requirements for vessels using a ballast water treatment system can be found in Part 2.2.3 of the Permit. Indicate whether the vessel currently has any onboard treatment systems for any waste stream listed in the permit, such as an Advanced Wastewater Treatment System (AWTS) used for graywater, an exhaust gas washwater treatment system, or an Oily Water Separator (OWS) used for bilgewater. Describe the treatment system, including what waste stream it treats, the type and design of the system, and treatment capacity. Provide information on the frequency and method of ballast tank sediment disposal and whether the vessel currently has a ballast water management plan. Indicate whether the vessel has an anti-foulant coating applied to the hull, what type of coating, when it was last applied, and briefly describe the vessel hull husbandry practices, including frequency of hull cleaning and method usually used. Indicate if your vessel is required to collect samples for analytical monitoring and for which of the discharges you are required to sample.
Carefully read the certification language. For eNOIs, to indicate your acceptance of these terms, check the 'accept' box. Checking this box acts as a virtual signature on the NOI and indicates the operators consent to adhere to all the applicable terms of the Permit. By completing and submitting the NOI, the owner/operator certifies that every applicable General Permit requirement will be met. Include the name and title of the person completing the eNOI. The person completing the eNOI will have a box to check for 'accept' which will act as virtual signature.
NPDES
EPA United States Environmental Protection Agency
Form
Washington, DC 20460 Form Approved
_ _ _ _ - _
OMB No.
Notice of Intent (NOI) for Discharges Incidental to the Normal Operation of a Vessel under the NPDES Vessel General Permit
2040-0004
Submission of this completed Notice of Intent (NOI) constitutes notice that the entity in Section A intends to be authorized to discharge pollutants to waters of the United States, from the vessel identified in Section B, under EPA's Vessel General Permit (VGP). Submission of the NOI also constitutes notice that the party identified in Section B of this form has read, understands, and meets the eligibility conditions of Part 1 of the VGP; agrees to comply with all applicable terms and conditions of the VGP; and understands that continued authorization under the VGP is contingent on maintaining eligibility for coverage. In order to be granted coverage, all information required on this form must be completed. Please read and make sure you comply with all permit requirements.
Name:
2a. IRS Employer Information Number: _ _ - _ _ _ _ _ _ _ (if applicable)
2b. Company IMO number ________________________(if applicable)
Name of Certifying Official
Mailing Address: a. Street:
b. City: c. State/Province: _ _ d. Zip code:
_
e. Country:
f. Phone (include country code):
g. Fax (Optional):
h. E-mail:
Vessel Name:
Did your vessel previously have permit coverage under the 2008 VGP?
[ ] □ Yes
[ ] □ No
2a. If yes, 2008 VGP Permit Tracking Number(s):
3a. Registered Number:
(if applicable)
(if applicable)
Vessel Call Sign
Flag State/Port of Registry (complete spellings of state and port city names required)
Type of Vessel (select one primary vessel type, and secondary vessel type where appropriate)
[ ] □ Commercial Fishing Vessel
[ ] □ Medium Cruise Ship (100 to 499 passengers)
[ ] □ Large Cruise Ship (500+ passengers)
[ ] □ Large Ferry (250+ passengers or more than 100 tons of
cargo, e.g., cars, trucks, trains, or other land- based transportation.)
[ ] □ Barge ( □ Hopper Barge, □ Tank Barge, □ Other Barge)
[ ] □ Oil or Gas Tanker
[ ] □ Research/Survey Vessel
[ ] □ Emergency and Rescue Vessel
[ ] □ Bulk Carrier
[ ] □ Container Ship
[ ] □ General Cargo Ship
[ ] □ Roll-on Roll-Off
[ ] □ Utility Vessel, including Tug boats and Offshore supply
vessels ( □ Tug, □ Offshore supply vessel, □ Other Utility))
[ ] □ Reefer
[ ] □ Other:
Vessel Dimensions: a. Tonnage:
[ ] □ gross tons or □ gross registered tons
b. Length:
[ ] □ feet or □ meters
Ballast Water Capacity:
[ ] □ gallons or □ meters³
Date and Year Vessel Built (i.e., build date or date keel laid): _________________________
a. Date of last dry-dock:
.b. Date of next scheduled/anticipated dry-dock:
Does vessel currently have, or has vessel ever held, an NPDES permit, other than the VGP, for any part, discharge, or operation of the vessel?
[ ] □ Yes □ No
If yes, please provide the following:
11a. Permit Number:
11b. Effective Date of Permit:
11c. Expiration Date of Permit
11d. Discharges permitted:
Is this a transfer of ownership?
[ ] □ Yes
[ ] □ No
12a. If Yes, provide date of transfer:
12b. If yes, provide previous vessel permit tracking number(s):
Identify the North American Industry Classification System (NAICS) code that best represents your vessel service for which you are seeking coverage (if applicable): _________
C. Vessel Voyage Information
Home Port/Most Frequented US Port:
US Ports Vessel Anticipates Visiting During Permit Term:
Number of overnight berths: a. Passengers
b. Crew
a. Maximum passenger capacity
b. Crew
Does vessel travel beyond the US EEZ and more than 200 nm from any shore? □ Yes □ No
Is the vessel engaged in Nearshore Voyages?
[ ] □ Yes □ No
Select all applicable discharges vessel may generate:
[ ] □ Deck Washdown and Runoff
[ ] □ Bilgewater/Oily Water Separator Effluent
[ ] □ Ballast Water
[ ] □ Anti-fouling hull coatings
[ ] □ Aqueous Film Forming Foams (AFFF)
[ ] □ Boiler/Economizer Blowdown
[ ] □ Cathodic Protection
[ ] □ Chain Locker Effluent
[ ] □ Controllable Pitch Propeller Hydraulic Fluid and other
Oil-to-Sea Interfaces
[ ] □ Distillation or Reverse Osmosis Brine
[ ] □ Elevator Pit Effluent
[ ] □ Firemain Systems
[ ] □ Freshwater layup
[ ] □ Gas Turbine Washwater
[ ] □ Graywater
[ ] □ Motor Gasoline and Compensating Discharge
[ ] □ Non-Oily Machinery Wastewater
[ ] □ Refrigeration and Air Condensate Discharge
[ ] □ Seawater Cooling Overboard Discharge
[ ] □ Seawater Piping Biofouling Prevention
[ ] □ Small Boat Engine Wet Exhaust
[ ] □ Sonar Dome Discharge
[ ] □ Underwater Ship Husbandry
[ ] □ Welldeck Discharges
[ ] □ Graywater Mixed with Sewage
[ ] □ Exhaust Gas Scrubber Washwater Discharge
[ ] □ Fish Hold/ Fish Hold Cleaning Effluent
Does the vessel ever engage in or have capacity to engage in industrial operations?
[ ] □ Yes □
[ ] No
[ ] a. If yes, please select appropriate box:
[ ] □ Seafood processing
[ ] □ Energy exploration
[ ] □ Mining
[ ] □ Other:
Will the vessel be using a ballast water treatment system which discharges residual biocides?
[ ] □ Yes □ No
b. If yes, are residual biocide concentrations expected to be below those listed in Part 2.2.3.5.1.1.5 of the Permit?
[ ] □ Yes □ No
c. List the biocide residuals or derivatives that may be discharged by the ballast water treatment system:
Is your vessel required to collect analytical monitoring? If so, for which of the following discharges must you conduct monitoring:
[ ] □ Ballast Water
[ ] □ Bilgewater
[ ] □ Exhaust Gas Scrubber Effluent
[ ] □ Graywater If yes, please check the appropriate answer: □ I use or □ I do not use a treatment system for Graywater
Does the vessel have onboard treatment systems for any waste stream(s) covered by this permit?
[ ] □ Yes □ No
5.a. If yes, check all that apply and complete the following information for each treatment system: □ Ballast Water, □ Bilgewater, □ Exhaust Gas Scrubber Effluent, □ Graywater, □ Graywater mixed with Sewage, □ Other treatment system: _______________
5.b. Treatment system type/design and manufacturer:
5.c. Treatment System Capacity:
5.d. Residuals (wastes) generated by this treatment system:
5.e. How they are disposed:
For ballast water, bilgewater, and graywater mixed with sewage, is the system type approved by the US Coast Guard: □ Yes □ No
For ballast water, has the system been determined by the US Coast Guard to be an alternate management system (AMS): □ Yes □ No
Average Treatment System Flow Rate:
□
[ ] gallons/hour □
[ ] m 3 /hour
Peak Treatment System Flow Rate:
□
m 3
/hour
Residuals (wastes) generated by this treatment system:
How they are disposed:
Ballast Water and Invasive Species Management-
a. How often is the ballast tank cleaned and sediment disposed of?
b. How and where do you typically dispose of ballast tank sediment?
c. Does vessel have an existing ballast water management plan? □ Yes □ No
a. Type of anti-fouling hull coating on the vessel and list specific product:
□ Copper Based □ Non-Copper Based
b. When and where was anti-fouling hull coating last applied:
c. Describe hull husbandry practices, such as frequency of hull cleaning, method used, how niches and propellers are cleaned, etc:
d. Date of last hull cleaning:
e. Method of last hull cleaning:
f. Location of last hull cleaning:
g. Date of next scheduled/anticipated hull cleaning:
h. Anticipated method of next cleaning:
i. Planned location of next cleaning:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Print Name:
Title:
Signature:
Email:
Date: _ _ - _ _ - _ _
Prepared By:
Organization:
Phone:
Ext:
Email:
Date: _ _ - _ _ - _ _
Any owner/operator who was required to submit an NOI under Part 1.5.1.1 and meets the conditions of Part 1.6.1.2 of the General Permit is required to submit a NOT to end coverage under this permit.
If you have questions about whether you need to file a NOT or questions about completing the form, refer to (website will be inserted after finalization of this permit) or contact the NOI center at 1-866-352-7755.
All NOTs must be completed and filed using the eNOI system at www.epa.gov/vessels/enoi or send your completed NOT to the Notice Processing Center at EPA Headquarters, EPA Vessel Notice Processing Center, Mail Code 4203M, U.S. EPA, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.
Provide the full legal name of the person, firm, public organization, or other entity that is the owner/operator of the vessel, as well as the name of the certifying official. Include the complete contact information for the owner/operator. The mailing address, city, state, and zip code, as well as phone number are required. The fax number and email address are optional. Provide the date permit coverage began under the applicable NOI. Select the appropriate box to indicate why you are submitting a NOT to end permit coverage. There are three options to choose from: because you have sold or transferred the vessel and are no longer the owner or operator, because the vessel is no longer traveling in or discharging to waters subject to this permit, or because you have obtained individual or alternative permit coverage. If you have sold or transferred the vessel, please provide the date of transfer as well as the name and contact information of the new owner. If you have obtained an individual or alternative permit, please provide the permit number and date permit coverage begins in the space given.
Provide the vessel name, registered identification number, IMO number, call sign, and port of registry.
Carefully read the certification language. To indicate your acceptance of these terms, check the 'accept' box. Checking this box acts as a virtual signature on the NOT and indicates that you understand these vessel discharges will no longer be authorized under the general permit, and that any discharge of these effluent streams without a permit is a violation of the CWA. Include the name and title of the person completing the NOT. The person completing the NOT will have a box to check for 'accept' which will act as virtual signature.
NPDES FORM
_ _ _ _ - _
Form Approved. OMB No 2040-0004 Please See Instructions Before Completing This Form
Submission of this Notice of Termination constitutes notice that the party identified in Section B of this form is no longer authorized to discharge any discharge incidental to the normal operation of a vessel under the NPDES program for the vessel identified in Section III of this form. All necessary information must be included on this form. Refer to the instructions at the end of this form.
NPDES Permit Tracking Number: _ _ _ _ _ _ _ _ _
Reason for Termination (check one only):
a. □ You transferred operational control to another operator.
Date of transfer:
b. □ You terminated vessel operations in waters subject to the General Permit.
c. □ You obtained coverage under an individual or alternative NPDES permit.
Permit Number:
Effective Date:
Name:
IRS Employer Information Number: _ _ - _ _ _ _ _ _ _
Name of Certifying Official:
Mailing Address:
a. Street:
b. City:
c. State: _ _
d. Zip code: _ _ _ _ _ - _ _ _ _
e. Phone: _ _ _ - _ _ _ - _ _ _ _
f. Fax (Optional): _ _ _ - _ _ _ - _ _ _ _
g. E-mail:
Vessel Name:
Vessel ID/Registered Number
Vessel Call Sign
Port of Registry
I certify under penalty of law that the information contained in this form is, to the best of my knowledge and belief, true, accurate and complete. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge any effluent associated with normal vessel operation under this general permit, and that discharging pollutants related to the normal operation of a vessel into waters of the United States is unlawful under the CWA where the discharge is not authorized by an NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the CWA.
Furthermore, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Print Name:
Title:
Signature:
Date: _ _ - _ _ - _ _
The list provided in Appendix G is a complete list of marine sanctuaries, units of the National Park System, units of the National Wildlife Refuge System, National Wilderness areas, and national wild and scenic rivers system components. EPA notes that this list is gathered from sources maintained by the administrative agency and the EPA only removed areas that are clearly terrestrial and do not contain waters suitable for permitted vessels or are unlikely to be impacted by permitted vessel discharges (e.g. The Washington Monument). Inclusion in this list does not mean the area is suitable for operation for vessels greater than 79 feet.
You must comply with the specific effluent limits in Parts 2.2.2, 2.1.3, 2.2.6, , 2.2.15, 2.2.16 and 5.1.1.1.1 [etc.] affecting the following federally protected waters to the extent located in waters subject to this permit:
Horseshoe Bend National Military Park Little River Canyon National Preserve Russell Cave National Monument Trail Of Tears National Historic Trail Tuskegee Airmen National Historic Site
Alagnak Wild River Alaska Public Lands Aleutian World War II National Historic Area Aniakchak National Monument and Preserve Bering Land Bridge National Preserve Cape Krusenstern National Monument Denali National Park and Preserve Gates Of The Arctic National Park and Preserve Glacier Bay National Park and Preserve Katmai National Park and Preserve Kenai Fjords National Park Kobuk Valley National Park Lake Clark National Park and Preserve Noatak National Preserve Sitka National historical Park Wrangell - St Elias National Park and Preserve Yukon - Charley Rivers National Preserve
National Park of American Samoa
Casa Grande Ruins National Monument Glen Canyon National Recreation Area Grand Canyon National Park Hohokam Pima National Monument Lake Mead National Recreation Area Montezuma Castle National Monument Navajo National Monument Organ Pipe Cactus National Monument Parashant National Monument Pipe Spring National Monument Sunset Crater Volcano National Monument Tonto National Monument Tuzigoot National Monument Walnut Canyon National Monument Wupatki National Monument Yuma Crossing National Heritage Area
Trail Of Tears National Historic Trail
Cabrillo National Monument Channel Islands National Park Devils Postpile National Monument Fort Point National Historic Site Golden Gate National Recreation Area John Muir National Historic Site Joshua Tree National Park Lava Beds National Monument Muir Woods National Monument Pinnacles National Monument
Point Reyes National Seashore Rosie the Riveter WWII Home Front National Historical Park Santa Monica Mountains National Recreation Area Whiskeytown National Recreation Area Yosemite National Park
Bent's Old Fort National Historical Site Black Canyon Of The Gunnison National Park Colorado National Monument Curecanti National Recreation Area Dinosaur National Park Rocky Mountain National Park Santa Fe National Historic Trail
Yucca House National Monument
Quinebaug & Shetucket Rivers Valley National Heritage Corridor
Captain John Smith Chesapeake National Historic Trail
Anacostia Park Capitol Hill Parks Captain John Smith Chesapeake National Historic Trail Chesapeake & Ohio Canal National Historical Park Chesapeake Bay Gateways Network Kenilworth Park & Aquatic Gardens Meridian Hill Park National Capital Parks-East National Mall & Memorial Parks Potomac Heritage National Scenic Trail
Big Cypress National Preserve Biscayne National Park Canaveral National Seashore Castillo De San Marcos National Monument De Soto National Memorial Dry Tortugas National Park Everglades National Park Fort Caroline National Memorial Fort Matanzas National Monument Gulf Islands National Seashore
Timucuan Ecological and Historical Preserve
Augusta Canal national Heritage Area Chattahoochee River National Recreation Area Chickamauga & Chattanooga National Military Seashore Cumberland Island National Seashore Fort Frederica National Monument Fort Pulaski National Monument Jimmy Carter National Historic Site Ocmulgee National Monument Guam War In The Pacific National Historical Park Hawaii
Haleakala National Park Kalaupapa National Historical Park Kaloko-Honokohau National Historical Park Pu`uhonua O Honaunau National Historical Park Puukohola Heiau National Historical Site
Craters Of The Moon National Monument and Preserve
Hagerman Fossil Beds National Monument Lewis & Clark National Historic Trail Minidoka Internment National Monument Nez Perce National Historical Park Yellowstone National Park
Lewis & Clark National Historic Trail Trail Of Tears National Historic Trail
George Rogers Clark National Historical Park Indiana Dunes National Lakeshore Lincoln Boyhood National Memorial
Effigy Mounds National Monument Lewis & Clark National Historic Trail
Lewis & Clark National Historic Trail
Big South Fork National River and Recreation Area Cumberland Gap National Historical Park Mammoth Cave National Park Trail Of Tears National Historic Trail
Cane River National Heritage Area Cane River Creole National Historical Park Jean Lafitte National Historical Park and Preserve New Orleans Jazz National Historical Park Poverty Point National Monument
Acadia National Park Maine Acadian Culture Saint Croix Island International Historic Site
Antietam National Battlefield Assateague Island National Seashore Captain John Smith Chesapeake National Historic Trail Catoctin Mountain Park Chesapeake & Ohio Canal National Historical Park Chesapeake Bay Gateways Network Clara Barton National Historic Site Fort McHenry National Monument and Historic Shrine Fort Washington Park Glen Echo Park Harmony Hall Monocacy National Battlefield Oxon Cove Park & Oxon Hill Farm Piscataway Park Potomac Heritage National Scenic Trail Thomas Stone National Historic Site
Blackstone River Valley National Heritage Corridor Boston National Historical Park
Boston African American National Historic Site Boston Harbor Islands National Recreation Area Cape Cod National Seashore Essex National Heritage Area Lowell National Historical Park Minute Man National Historic Site New Bedford Whaling National Historical Park Salem Maritime National Historic Site Saugus Iron Works National Historic Site Springfield Armory National Historic Site
Isle Royale National Park Pictured Rocks National Lakeshore Sleeping Bear Dunes National Lakeshore
Grand Portage National Monument Mississippi National River and Recreation Area Pipestone National Monument Voyageurs National Park
Gulf Islands National Seashore Natchez National Historical Park Natchez Trace National Scenic Trail
Jefferson National Expansion Memorial Lewis & Clark National Historic Trail Ozark National Scenic Riverways Trail Of Tears National Historic Trail Wilson's Creek National Battlefield
Bighorn Canyon National Recreation Area Glacier National Park Lewis & Clark National Historic Trail Little Bighorn Battlefield National Monument Yellowstone National Park
Agate Fossil Beds National Monument Homestead National Monument of America Lewis & Clark National Historic Trail Niobrara National Scenic River Scotts Bluff National Monument
Nevada Lake Mead National Recreation Area
Appalachian National Scenic River Delaware National Scenic River Delaware Water Gap National Recreation Area Ellis Island National Monument Gateway National Recreation Area Great Egg Harbor River Lower Delaware National Wild and Scenic River New Jersey Pinelands National Reserve
Aztec Ruins National Monument Capulin Volcano National Monument El Malpais National Monument El Morro National Monument Fort Union National Monument Gila Cliff Dwellings National Monument Petroglyph National Monument Salinas Pueblo Missions National Monument
White Sands National Monument
Castle Clinton National Monument Chesapeake Bay Gateways Network Ellis Island National Monument Erie Canalway National Heritage Corridor Fire Island National Seashore Gateway National Recreation Area Governors Island National Monument Hudson River Valley National Heritage Area National Parks of New York Harbor Saratoga National Historical Park Statue Of Liberty National Monument Upper Delaware Scenic and Recreational River
Blue Ridge National Heritage Area Cape Hatteras National Seashore Cape Lookout National Seashore Great Smoky Mountains National Park Wright Brothers National Monument
Fort Union Trading Post National Historic Site Lewis & Clark National Historic Trail Theodore Roosevelt National Park
American Memorial Park
Ohio Perry's Victory & International Peace Memorial
Chickasaw National Recreation Area Trail Of Tears National Historic Trail
Crater Lake National Park Fort Vancouver National Historic Site John Day Fossil Beds National Monument Lewis & Clark National Historic Trail Lewis and Clark National Historical Park Oregon Caves National Monument
Chesapeake Bay Gateways Network Delaware National Scenic River Delaware & Lehigh National Heritage Corridor Delaware Water Gap National Recreation Area Johnstown Flood National Monument Lackawanna Heritage Valley Lower Delaware National Wild and Scenic River Potomac Heritage National Scenic Trail Rivers Of Steel National Heritage Area Schuylkill River Valley National Heritage Area Upper Delaware Scenic and Recreational River
Blackstone River Valley National Heritage Corridor South Carolina
Congaree National Park Fort Moultrie National Monument Fort Sumter National Monument
Jewel Cave National Monument Lewis & Clark National Historic Trail Missouri Recreational River
Big South Fork National River and Recreation Area Great Smoky Mountains National Park Obed Wild and Scenic River
Alibates Flint Quarries National Monument Amistad National Recreation Area Big Bend National Park Big Thicket National Preserve Chamizal National Memorial Lake Meredith National Recreation Area Padre Island National Seashore Rio Grande Wild and Scenic River
Arches National Park Bryce Canyon National Park Canyonlands National Park Capitol Reef National Park Cedar Breaks National Monument Dinosaur National Monument Glen Canyon National Recreation Area Hovenweep National Monument Natural Bridges National Monument Timpanogos Cave National Monument
Buck Island Reef National Monument Virgin Islands National Park Virgin Islands Coral Reef National Monument
Assateague Island National Seashore Booker T Washington National Monument Cape Henry Memorial Captain John Smith Chesapeake National Historic Trail Chesapeake Bay Gateways Network Colonial National Historical Park Fredericksburg & Spotsylvania National Military Park Great Falls Park Lyndon Baines Johnson Memorial Grove on the Potomac Potomac Heritage National Scenic Trail Theodore Roosevelt Island Park
Fort Vancouver National Historic Site Lake Chelan National Recreation Area Lake Roosevelt National Recreation Area Lewis & Clark National Historic Trail Mount Rainier National Park North Cascades National Park Olympic National Park Ross Lake National Recreation Area San Juan Island National Historical Park
Bluestone National Scenic River Chesapeake Bay Gateways Network Gauley River National Recreation Area New River Gorge National River
Apostle Islands National Lakeshore Saint Croix National Scenic River
Bighorn Canyon National Recreation Area
Devils Tower National Monument Fossil Butte National Monument Grand Teton National Park
John D Rockefeller Jr. Memorial Parkway Yellowstone National Park
As of 9/30/06, there were 547 national wildlife refuges in all 50 states. Neches River NWR in Texas and the Rocky Mountain Front Conservation Area in Montana were the 546th and 547th national wildlife refuges. There were 37 Wetland Management Districts in the Prairie Pothole region of the northern Great Plains.
The acreage for the NWRS as of 9/30/06 was 96,369,969.43 acres. The system encompasses 547 national wildlife refuges, 37 Wetland Management Districts (which include Waterfowl Production Areas in 204 counties), and 50 Coordination Areas which are managed by the states.
Refuges that have boundaries in multiple states are listed only in the state where the main visitor entrance is located. Maps of each area can be found by accessing the National Fish and Wildlife Services website at: http://www.fws.gov/refuges/refugeLocatorMaps/ index.html.
Brazoria National Wildlife Refuge Breton National Wildlife Refuge Browns Park National Wildlife Refuge Buck Island National Wildlife Refuge Cabo Rojo National Wildlife Refuge Cache River National Wildlife Refuge Cahaba River National Wildlife Refuge Caloosahatchee National Wildlife Refuge Cameron Prairie National Wildlife Refuge Canaan Valley National Wildlife Refuge Cape May National Wildlife Refuge Cape Meares National Wildlife Refuge Cape Romain National Wildlife Refuge Carlton Pond Waterfowl Production Area Carolina Sandhills National Wildlife Refuge Castle Rock National Wildlife Refuge Cat Island National Wildlife Refuge Catahoula National Wildlife Refuge Cedar Island National Wildlife Refuge Cedar Keys National Wildlife Refuge Cedar Point National Wildlife Refuge Charles M. Russell National Wildlife Refuge Chase Lake National Wildlife Refuge Chassahowitzka National Wildlife Refuge Chautauqua National Wildlife Refuge Chickasaw National Wildlife Refuge Chincoteague National Wildlife Refuge Choctaw National Wildlife Refuge Cibola National Wildlife Refuge Clarence Cannon National Wildlife Refuge Clarks River National Wildlife Refuge Clear Lake National Wildlife Refuge Cokeville Meadows National Wildlife Refuge Cold Springs National Wildlife Refuge Coldwater River National Wildlife Refuge Columbia National Wildlife Refuge Colusa National Wildlife Refuge Conboy Lake National Wildlife Refuge Crab Orchard National Wildlife Refuge Crane Meadows National Wildlife Refuge Crescent Lake National Wildlife Refuge Cross Creeks National Wildlife Refuge Cross Island National Wildlife Refuge Crystal River National Wildlife Refuge Currituck National Wildlife Refuge Cypress Creek National Wildlife Refuge Dahomey National Wildlife Refuge D'Arbonne National Wildlife Refuge Deep Fork National Wildlife Refuge Deer Flat National Wildlife Refuge Delta National Wildlife Refuge Des Lacs National Wildlife Refuge Desecheo National Wildlife Refuge Desert National Wildlife Range DeSoto National Wildlife Refuge Detroit Lakes Wetland Management District Detroit River International Wildlife Refuge Devils Lake Wetland Management District Don Edwards San Francisco Bay National Wildlife Refuge Driftless Area National Wildlife Refuge Dungeness National Wildlife Refuge
Reelfoot National Wildlife Refuge Rice Lake National Wildlife Refuge Roanoke River National Wildlife Refuge Ruby Lake National Wildlife Refuge Rydell National Wildlife Refuge Sabine National Wildlife Refuge Sachuest Point National Wildlife Refuge Sacramento River National Wildlife Refuge Salinas River National Wildlife Refuge Salt Plains National Wildlife Refuge San Bernard National Wildlife Refuge San Diego Bay National Wildlife Refuge San Joaquin River National Wildlife Refuge San Pablo Bay National Wildlife Refuge Sandy Point National Wildlife Refuge Santee National Wildlife Refuge Savannah National Wildlife Refuge Seal Island National Wildlife Refuge Selawik National Wildlife Refuge Seney National Wildlife Refuge Sequoyah National Wildlife Refuge Shell Keys National Wildlife Refuge Sherburne National Wildlife Refuge Shiawassee National Wildlife Refuge Siletz Bay National Wildlife Refuge Silvio O. Conte National Fish & Wildlife Refuge Sonny Bono Salton Sea National Wildlife Refuge St. Catherine Creek National Wildlife Refuge St. Croix Wetland Management District St. Johns National Wildlife Refuge St. Marks National Wildlife Refuge St. Vincent National Wildlife Refuge Steigerwald Lake National Wildlife Refuge Stewart B. McKinney National Wildlife Refuge Stillwater National Wildlife Refuge Sunkhaze Meadows National Wildlife Refuge Supawna Meadows National Wildlife Refuge Susquehanna River National Wildlife Refuge Swan Lake National Wildlife Refuge Swanquarter National Wildlife Refuge Tallahatchie National Wildlife Refuge Tamarac National Wildlife Refuge
As of 7/22/2009, there were 776 national wilderness areas in the United States. Section 4(c) of the Wilderness Act of 1964 (16 U.S. C. 1131-1136) strictly prohibits motorized vehicles, vessels, aircrafts or equipment for the purposes of transport of any kind within the boundaries of all wilderness areas. Exceptions to this Act include motorized vehicle use for the purposes of gathering information on minerals or other resources; for the purposes of controlling fire, insects, or disease; and in wilderness areas where aircraft or motorized boat use have already been established prior to 1964.
The following is a list of all National Wilderness Areas within the United States. GIS shape files for each area can be found by accessing the following website: www.wilderness.net/index.cfm?fuse=NWPS&sec=geography#tabs-4.
MS
MN
Otis Pike Fire Island High Dune Wilderness
| Henry M. Jackson Wilderness Indian Heaven Wilderness | Norse Peak Wilderness Olympic Wilderness Pasayten Wilderness | Wild Sky Wilderness William O. Douglas Wilderness Wonder Mountain Wilderness |
|---|---|---|
| West Virginia | ||
| Big Draft Wilderness Cranberry Wilderness Dolly Sods Wilderness | Laurel Fork North Wilderness Laurel Fork South Wilderness | Mountain Lake Wilderness Roaring Plains West Wilderness Otter Creek Wilderness Spice Run Wilderness |
| Wisconsin | ||
| Blackjack Springs Wilderness Gaylord A. Nelson Wilderness Headwaters Wilderness | Porcupine Lake Wilderness Rainbow Lake Wilderness Whisker Lake Wilderness | Wisconsin Islands Wilderness |
| Wyoming | ||
| Absaroka-Beartooth Wilderness Bridger Wilderness Cloud Peak Wilderness Encampment River Wilderness Fitzpatrick Wilderness | Gros Ventre Wilderness Huston Park Wilderness Jedediah Smith Wilderness North Absaroka Wilderness Platte River Wilderness | Popo Agie Wilderness Savage Run Wilderness Teton Wilderness Washakie Wilderness Winegar Hole Wilderness |
| Alagnak, Alaska | Crescent Creek, Oregon |
|---|---|
| Alatna, Alaska | Crooked, Oregon |
| Allagash Wilderness Waterway, Maine Allegheny, Pennsylvania | Delaware (Lower), New Jersey &Pennsylvania |
| Delaware (Middle), New Jersey &Pennsylvania | |
| American (Lower), California | Delaware (Upper), New York &Pennsylvania |
| Andreafsky, Alaska | Delta, Alaska |
| Aniakchak, Alaska | Deschutes, Oregon |
| Au Sable, Michigan | Donner und Blitzen, Oregon |
| Bear Creek, Michigan | Eagle Creek, Oregon |
| Beaver Creek, Alaska | East Branch Tahquamenon, Michigan |
| Big and Little Darby Creeks, Ohio | East Fork Jemez, New Mexico |
| Big Marsh Creek, Oregon | Eel, California |
| Big Piney Creek, Arkansas | Eleven Point, Missouri |
| Big Sur, California | Elk, Oregon |
| Birch Creek, Alaska | Elkhorn Creek, Oregon |
| Black Butte, California | Farmington (West Branch), Connecticut |
| Black Creek, Mississippi | Feather, California |
| Black, Michigan | Flathead, Montana |
| Bluestone, West Virginia | Fortymile, Alaska |
| Buffalo, Arkansas | Grande Ronde, Oregon |
| Cache la Poudre, Colorado | Great Egg Harbor, New Jersey |
| Carp, Michigan | Gulkana, Alaska |
| Charley, Alaska | Horsepasture, North Carolina |
| Chattooga, Georgia, North and South Carolina | Hurricane Creek, Arkansas |
| Chetco, Oregon | Illinois, Oregon |
| Chilikadrotna, Alaska | Imnaha, Oregon |
| Clackamas, Oregon | Indian, Michigan |
| Clarion, Pennsylvania | Ivishak, Alaska |
| Clarks Fork Yellowstone, Wyoming | John Day, Oregon |
| Cossatot, Arkansas | John, Alaska |
Joseph Creek, Oregon Kern, California Kings, California Klamath, California Klickitat, Washington Kobuk, Alaska Lamprey, New Hampshire Little Beaver, Ohio Little Deschutes, Oregon Little Miami, Ohio Little Missouri, Arkansas Lostine, Oregon Loxahatchee, Florida Lumber, North Carolina Malheur, Oregon Manistee, Michigan Maurice, New Jersey McKenzie, Oregon Merced, California Metolius, Oregon Middle Fork Clearwater, Idaho Middle Fork Salmon, Idaho Middle Fork Vermilion, Illinois Minam, Oregon Missouri, Montana Mulberry, Arkansas Mulchatna, Alaska Musconetcong, New Jersey New, North Carolina Niobrara, Nebraska Noatak, Alaska North Fork American, California North Fork Crooked, Oregon North Fork John Day, Oregon North Fork Koyukuk, Alaska North Fork Malheur, Oregon North Fork Middle Fork Willamette, Oregon North Fork Owyhee, Oregon North Fork Smith, Oregon North Fork Sprague, Oregon North Powder, Oregon North Sylamore Creek, Arkansas North Umpqua, Oregon Nowitna, Alaska Obed, Tennessee Ontonagon, Michigan Owyhee, Oregon Paint, Michigan Pecos, New Mexico Pere Marquette, Michigan Pine, Michigan Powder, Oregon Presque Isle, Michigan Quartzville Creek, Oregon Rapid, Idaho
Red, Kentucky Richland Creek, Arkansas Rio Chama, New Mexico Rio de la Mina, Puerto Rico Rio Grande, New Mexico Rio Grande, Texas Rio Icacos, Puerto Rico Rio Mameyes, Puerto Rico Roaring, Oregon Rogue, Oregon Saint Joe, Idaho Saline Bayou, Louisiana Salmon, Alaska Salmon, Idaho Salmon, Oregon Sandy, Oregon Selawik, Alaska Sespe Creek, California Sheenjek, Alaska Sipsey Fork West Fork, Alabama Sisquoc, California Skagit, Washington Smith, California Snake, Idaho & Oregon South Fork John Day, Oregon Squaw Creek, Oregon St. Croix (Lower) Minnesota & Wisconsin St. Croix (Lower), Minnesota & Wisconsin St. Croix, Minnesota & Wisconsin Sturgeon, Michigan (Hiawatha National Forest) Sturgeon, Michigan (Ottawa National Forest) Sudbury, Assabet, Concord, Massachusetts Sycan, Oregon Tinayguk, Alaska Tlikakila, Alaska Trinity, California Tuolumne, California Unalakleet, Alaska Upper Rogue, Oregon Verde, Arizona Wallowa, Oregon Wekiva, Florida Wenaha, Oregon West Little Owyhee, Oregon Westfield, Massachusetts White Clay Creek, Delaware & Pennsylvania White Salmon, Washington White, Oregon Whitefish, Michigan Wildcat River, New Hampshire Wildhorse and Kiger Creeks, Oregon Wilson Creek, North Carolina Wind, Alaska Wolf, Wisconsin Yellow Dog, Michigan
States have an obligation under the antidegradation policy of the CWA to ensure that water quality is maintained and protected where "high quality waters constitute an outstanding national resource, such as water of national and state parks and wildlife refuges and waters of exceptional recreational or ecological significance." 40 CFR §131.12(a)(3).
Water Resources Boards may designate certain waters, including wetlands, as outstanding under state and federal law. When waters are designated, their existing water quality shall, at a minimum, be protected and maintained. Because ONRWs are designated by each state, permittees should consult state water quality management agencies to determine if ONRWs exist in the area where they may operate their vessel.
EPA United States Environmental Protection Agency
Washington, DC 20460 Form Approved OMB No. One Time Report for Discharges Incidental to the Normal Operation Of a Vessel under the NPDES Vessel General Permit
2040-0004
Date Submitted ___________________ Vessel NOI Number (if applicable) _________
Vessel Owner/Operator ___________________________ Phone___________________________
Address________________________________________ E-mail___________________________
Vessel Name ____________________________________ Vessel Type ______________________
Length _____________________FEET/METERS (Circle One) Gross Tonnage __________
□ gross tons □ gross
registered tons
Date of Vessel Construction ________________________
Calendar Year for which you are submitting the report: _____
Did your vessel operate in waters subject to this permit during the previous calendar year: □ Yes □ No If you answered No to this question, completion of the remainder the following questions are
voluntary; however you must certify the bottom of the report.
Please list your vessel's primary geographical regions of operation in U.S. waters last year and report the approximate percentage of time was your vessel in each region?
[ ] □ Gulf Coast ___ □ Pacific Coast ___ □ Atlantic Coast ___ □ Mississippi
[ ] -Ohio River System
[ ] ___ □ Great Lakes ___ □ Puerto Rico and the US Virgin Islands □ Other: _________
2a. Did you conduct the following inspections in the last year? (Optional for inland vessels less than 300GT and unmanned, unpowered barges)
Drydock Inspections □ Yes □No Most recent drydock and inspection date: _________
Next scheduled drydocking: _________
Annual Inspections
□ Yes □ No Most recent inspection date:
_________
All Required Routine Inspections
If you checked no, how many routine inspections did you miss in the last year?
□ 1
-
[ ] 2 □3 -
[x] 4 □5 -
[x] 6 □7 or more
Last below water (or drydock) hull inspection: _________
2b. On average, how often did you conduct routine inspections in the last year?
[ ] □ Never □Once per week □Between once per week and once per day □Once per day □More than once per day □Other: ________________
3a. Did your vessel discharge ballast water in U.S. waters?
What is the capacity of your vessel's ballast tanks? _____________ □ gallons □ meters 3
How many ballast tanks are present on your vessel (include holds or other areas that were used to carry ballast water)? ___________
For each tank or hold used to carry ballast, list type, capacity, and identifier: _________
Does your vessel have a ballast water treatment system? □ Yes □No □ N/A
If you answered yes, please attach analytical monitoring data for treated ballast water discharges required by Parts 2.2.3.5.1.1 of the permit (see VGP Ballast Water DMR below).
Did you operate outside the EEZ and enter the Great Lakes? □ Yes □No □ N/A
If yes, did you discharge ballast water? □ Yes □No □ N/A
If yes, did you conduct ballast water exchange and/or flushing as applicable? □ Yes □No □ N/A
Did your vessel discharge washwater from its exhaust gas scrubber in U.S. waters? □ Yes □No □
N/A
If you answered yes, please attach analytical monitoring data for exhaust gas scrubber washwater (see VGP Exhaust Gas Scrubber DMR below)
Discharge required by Part 2.2.26 of the permit.
If your vessel is greater than 400 GT did it discharge treated bilgewater within 1 nm of shore? □ Yes □No □ N/A Did you ever discharge into waters subject to this permit (within 3 nm)?
If you discharged within 1 nm, why did you discharge?
If you discharged within three nautical miles, did you collect analytical oil and grease monitoring data? □ Yes □ No □ No, I qualified for the analytical monitoring waivers found in Part 2.2.2.1 of the permit (not available in the first two years of permit coverage).
If you answered yes, please attach analytical monitoring data for bilgewater sampling (see VGP Bilgewater DMR below)
3d. Did you discharge treated or untreated graywater in U.S. waters? □ Treated □ Untreated □ None Does your vessel have and use a treatment system for graywater or graywater mixed with sewage? □ Yes □No □ N/A
If yes, please list the system make and model: __________
3e. Do you use anti-foulant coating? Yes □No □ N/A
If so, what is the type of anti-fouling hull coating on vessel and select specific product?
Date last applied: _________
Did your vessel store any discharges incidental to the normal operation of vessels on board for onshore disposal?
[ ] □ Yes (please list) __________________________________________________ □No
If yes, please list disposal method (e.g., onshore treatment, pump out truck)________
If not, why? ________________
Did you have to claim a safety exemption for any discharge category, and were therefore unable to meet effluent limits of the VGP?
[ ] □ Yes (please list discharge types) ____________________________________ □No
If yes, reason(s) safety exemptions claimed? ____________________________
□ Yes (explain) _____________________________________________________________________
__________________________________________________________________________________
[ ] □No
Did you have any instances of noncompliance this year (e.g., discharging untreated bilgewater, exceeding numeric effluent limits)?
[ ] □ Yes □No
If you answered yes, please fill out the table below. Please attach additional pages as necessary.
| Date | VGPRequirement Affected | Description of Noncompliance | Cause of Noncompliance | Description of Corrective Action Performed or Scheduled |
|---|---|---|---|---|
I certify under penalty of law that the information contained in this form is, to the best of my knowledge and belief, true, accurate and complete. Furthermore, I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
__________________________________
Signature and Date
Facility Identifier (i.e., NOI number): ______________
Treatment system description: ___________________________________________________________________
System supplier and model:_____________________________________________________________________
Installation Date: _______________________
First date of operation: _______________________
Technology type (check all that apply):
[ ] Akylamines
[ ] Bioremediation
[ ] Cavitation
[ ] Chlorine addition/electrochlorination
[ ] Chlorine dioxide
[ ] Coagulation
[ ] Other (specify): _______________________
[ ] Deoxygenation
[ ] Electric pulse
[ ] Filtration
[ ] Heat
[ ] Hydrocyclone
[ ] Menadione/Vitamin K
[ ] Ozone
[ ] Peracetic acid
[ ] Plasma pulse
[ ] Shear
[ ] Ultrasound
[ ] Ultraviolet
Is the ballast water treatment system type approved?
If you answered '
Yes
' please provide the flag administration(s) that approved that
system?
Yes
No
___________________________
Are all type approval data available to US EPA or the US Coast Guard (see Part 2.2.3.5.1.1.1 of this permit)?
Has the system been determined by the US Coast Guard to be an 'Alternate Management System?'
Note: if you responded ' unknown ' to the two questions above, you must follow the monitoring schedule for devices for which high quality data are not available.
Yes
Yes
No
No
Unknown
Unknown
Have all the permit monitoring conditions for the ballast water treatment system(s) that apply to your vessel (Part 2.2.3.5.1.1.1 of this permit) been completed during the previous calendar year?
Yes
No
Please check which monitoring requirements were completed:
[ ] Ballast water system functionality monitoring at least monthly.
[ ] Calibration of probes/sensors that measure ballast water treatment performance at least annually.
[ ] Biological monitoring. Number of sampling events: ___
[ ] Residual biocide and derivative monitoring (if applicable). Number of initial: ___ Number of maintenance: ___
Provide ballast water treatment system functional monitoring information and ballast discharge analytical data for the previous calendar year in the attached tables. Provide any correlations and/or calculations between measured operating parameters and treatment concentrations in the space below (e.g., correlation between measured ORP and chlorine concentration in ballast water):
I certify under penalty of law that this document were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief true, accurate, and complete. I have no personnel knowledge that the information submitted is other than true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Print Name:_____________________________________________________
Title:__________________________________________________________
Signature:______________________________________________________
Email:_________________________________________________________
| Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | Ballast Water Treatment System Functionality Monitoring (provide information for each month for all that apply; attach pages as needed) | |
|---|---|---|---|---|---|---|---|---|
| Parameter Used to Measure System Functionality a | Units b | Measurement Method c | Month d | Number of Measurements per Month e | Minimum Monthly Measured Value | Average Monthly Measured Value | Maximum Monthly Measured Value | System Design Operating Range |
| Parameter | Analytical Method | Sample Date(s) a | Sample Result(s) a | Units | Discharge Location |
|---|---|---|---|---|---|
Total live bacteria
E. coli
Enterococci
Other (specify):
Residual Biocide/Derivative Monitoring of Ballast Water Discharges (provide information for each sampling event for all that apply; attach pages as needed)
| Biocide/Derivative a | Analytical Method | Sample Date(s) b | Sample Result(s) b | Units | Discharge Location |
|---|---|---|---|---|---|
Sample Date: ____________ Sample Type (inlet water, water after the scrubber, discharge water): _______________ Facility Identifier (i.e., NOI number): ______________ Sample #: ( Please provide a separate page for each sampling event)
Parameter
Analytical Method a
Sample Date(s) b
(MM/DD/YYYY)
Sample Result(s)
Units
Flow Rate
Discharge Location (Lat/Long) c
Was the Sample Taken in U.S. Waters?
Nitrate-Nitrite
pH
Arsenic
Cadmium
Chromium
Copper
Lead
Nickel
Selenium
Vanadium
Zinc
Acenaphthylene
Acenaphthene
Anthracene
Benz[a]anthracene
Benzo[ghi]perylene
Benzo[a]pyrene
Benzo[b]fluoranthene +
benzo[k]fluoranthene
Chrysene
Dibenz[a,h]anthracene
Fluoranthene
Fluorene
Indeno[1,2,3,c,d]pyrene
Naphthalene
Phenanthrene
Pyrene
pH Probe Value (at same time sample collected):
PAH Probe Value (at same time sample collected):
Turbidity Probe Value (at same time sample collected):
Maximum continuous rating or 80 percent of the power rating of the fuel oil combustion unit in MWh:
Sampling performed downstream of the water treatment equipment but upstream of washwater dilution (or other reactant dosing) prior to discharge? □ Yes □No
Month: _____ _ (
Please provide a separate page for each month of the discharge)
Parameter
Units a
Minimum Monthly Measured Value
Average Monthly Measured Value
Maximum Monthly Measured Value
Did You Operate in US Waters this Month?
pH
Standard Units
PAH (if available)
µ/L PAHphe
Turbidity
Temperature
pH probe calibration date:
PAH probe calibration date (if available):
Turbidity probe calibration date :
Temperature probe calibration date :
Maximum continuous rating or 80 percent of the power rating of the fuel oil combustion unit in MWh:
Sampling performed downstream of the water treatment equipment but upstream of washwater dilution (or other reactant dosing) prior to discharge?
[ ] Yes
[ ] No
Exhaust gas scrubber treatment system additives (names of any additives and dosage (if available) used, i.e., coagulant, flocculant, reaction water):
My vessel had to conduct sampling times in year Facility Identifier (i.e., NOI number): ______________ Sample #: ( Please provide a separate form for each sampling event)
Parameter
Analytical Method a
Sample Date(s) b (MM/DD/YYYY)
Sample Time
Sample Result(s)
Units
Discharge Location c (Lat/Long)
Overboard Discharge Port Location c
Analysis Date/ Analyst d (MM/DD/YYYY)
Was the Sample Taken in U.S. Waters?
pH BOD
Fecal coliform
Suspended Solids
Total Residual chlorine e
E. coli f
Total phosphorus(TP) f
Ammonia f
Nitrate + Nitrite f
Total Kjeldahl
Nitrogen (TKN) f
a. Part 2.2.15.2, 5.1.2 and 5.2.2 of the permit discusses appropriate methods for monitoring.
b. Part 2.2.15.2, 5.1.2 and 5.2.2 of the permit provides the required sampling schedule.
c. Provide latitude and longitude of discharge location during sampling and the sampled overboard discharge port location
d. Provide both the name of analyst and analysis date in MM/DD/YYYY format.
e. Parameter not required for medium and large cruise ships meeting certain criteria per Parts 5.1.2.2.1 and 5.2.2.2.1.
f. Parameter must be analyzed only by medium and large cruise ships.
Sample #:
( Please provide a separate form for each sampling event) Facility Identifier (i.e., NOI number): ______________
Parameter
Analytical Method a
Sample Date(s)
(MM/DD/YYYY)
Sample Time
Sample Result(s)
Units
Discharge Location b
Overboard Discharge Port Location b
Analysis Date/ Analyst Name c (MM/DD/YYYY)
Was the Sample Taken in U.S. Waters?
Oil and Grease
ppm
OCM Value (at same time sample collected)
OCM Make and Model Number
OMC calibration date and name of calibrator
Oil/water separator additive type (name of any additives used, i.e, solidifier, flocculant):
EPA's Standard Discharge Monitoring Report is available at:
http://www.epa.gov/compliance/resources/publications/data/systems/icis/quickreference/icisdmr-overview-and-form.pdf
| Technology Type | Measurement | Potential Control Sensor, Equipment, or Procedure | Non Discharge Indicators of BWTS Performance | Required Metrics to be Reported |
|---|---|---|---|---|
| Alkylamines | Alkylamines | Chemical analysis and treatment monitoring | -Alkylamines concentration at injection -Alkylamines dosage and usage | -Alkylamines sample concentration -Alkylamines dosage and usage |
| Alkylamines | pH | pH sensor | pH | pH readings |
| Biological agents | Treatment chemical | Chemical analysis and treatment monitoring | -Treatment chemical concentration at injection -Treatment chemical dosage and usage | -Treatment chemical sample concentration -Treatment chemical dosage and usage |
| Cavitation | Pressure differential | Pressure sensors (before/after) | Pressure differential | Pressure readings |
| Chlorination: (e.g., sodium chlorite and sodium hypochlorite | Chlorine | In-line N,N diethyl-p-phenylene diamine (DPD) analyzer, sample analysis, and treatment monitoring | -Chlorine concentration at injection -Chlorine dosage on treatment and usage (if chlorine addition) | -Chlorine readings from both on-line sensor and sample analysis -Chlorine dosage on treatment (if chlorine addition) |
| Chlorination: (e.g., sodium chlorite and sodium hypochlorite | Oxidation reduction potential (ORP) | ORP sensor | ORP at injection | ORP readings |
| Chlorination: (e.g., sodium chlorite and sodium hypochlorite | Power consumption, voltage and current | System power diagnostics | Chlorination module power consumption, voltage and current (if electrochlorination) | No Reporting Required |
| Chlorination: (e.g., sodium chlorite and sodium hypochlorite | Total residual oxidizers (TRO) | Amperometric sensor | TRO at injection | TRO readings |
| Chlorination: (e.g., sodium chlorite and sodium hypochlorite | Conductivity/salinity | Conductivity and temperature sensor | Conductivity and temperature at injection | Conductivity/salinity and temperature readings |
| Chlorine Dioxide | Chlorine Dioxide | On-line chlorine dioxide amperometric sensor, Lissamine Green B (LGB) sample analysis, and treatment monitoring | -Chlorine dioxide concentration at injection - Chlorine dioxide dosage and usage (if chlorine dioxide addition) | -Chlorine dioxide readings from both on-line sensor and sample analysis - Chlorine dioxide dosage and usage (if chlorine dioxide addition) |
| Coagulation (flocculent) | Coagulant | Chemical analysis and treatment monitoring | -Treatment flocculent concentration at injection -Treatment chemical dosage and usage | - Treatment flocculent concentration -Treatment chemical dosage and usage |
|---|---|---|---|---|
| Coagulation (flocculent) | Turbidity (NTU) | Turbidity sensor | Coagulation effluent turbidity | Coagulation effluent turbidities |
| Deoxygenation | Dose of inert gas (if used) | Treatment monitoring | Deoxygenation gas dosage and usage | Deoxygenation gas dosage and usage |
| Deoxygenation | pH (if CO 2 used) | pH sensor | pH | pH readings |
| Deoxygenation | Dissolved oxygen (DO) | DO sensor | Deoxygenation module dissolved oxygen concentration | Dissolved oxygen concentrations |
| Electric pulse | Power consumption, voltage and current | System power diagnostics | Electric pulse module power consumption, voltage and current | Electric pulse module power consumption, voltage and current readings |
| Filtration | Flow rate | Flow meter | Filter effluent flow | Flow readings |
| Filtration | Pressure differential | Pressure sensors (before/after) | Filter pressure differential (e.g., before/after filtration) | Filter pressures (before/after) |
| Filtration | Back flush frequency | Treatment monitoring | Filter backwash frequency | Filter backwash frequencies |
| Heat | Temperature | Thermistors | Treatment temperature | Temperature readings |
| Hydrocyclone | Back flush frequency | Treatment monitoring | Hydrocyclone back flush frequency | Hydrocyclone back flush frequencies |
| Hydrocyclone | Power consumption, voltage and current | System power diagnostics | Hydrocyclone power consumption, voltage and current | Hydrocyclone power consumption, voltage and current |
| Menadione/Vitamin K | Menadione/Vitamin K | Chemical analysis and treatment monitoring | -Menadione/Vitamin K concentration at injection -Menadione/Vitamin K dosage and usage | -Menadione/Vitamin K concentration at injection -Menadione/Vitamin K dosage and usage |
| Ozone | TRO | Amperometric sensor | TRO at ozone injection | TRO readings |
| Ozone | Ozone | On-line ozone sensor (if used) and sample analysis | Ozone concentration at injection | Ozone readings from both on- line sensor (if used) and sample analysis |
| Ozone | Bromate | Sample analysis | Bromate at ozone injection | Bromate measurements |
| Ozone | Power consumption, voltage and current | System power diagnostics | Ozonation module power consumption, voltage and current | No Reporting Required |
| Ozone | Conductivity/salinity | Conductivity and temperature sensor | Conductivity and temperature at injection | Conductivity/salinity and temperature readings |
| Peracetic acid | Hydrogen peroxide | On-line sensor, chemical | -Hydrogen peroxide | -Hydrogen peroxide readings |
| analysis, treatment monitoring | concentration at injection -Hydrogen peroxide dosage and usage | from both on-line sensor and sample analysis -Hydrogen peroxide dosage and usage | ||
|---|---|---|---|---|
| Peracetic acid | On-line sensor, chemical analysis, treatment monitoring | -Peracetic acid concentration at injection -Peracetic acid dosage and usage | -Peracetic acid readings from both on-line sensor and sample analysis -Peracetic acid dosage and usage | |
| pH | pH sensor | pH at injection | pH readings | |
| Plasma pulse | Power consumption, voltage and current | System power diagnostics | Plasma pulse module power consumption, voltage and current | Plasma pulse module power consumption, voltage and current readings |
| Plasma pulse | Temperature | Thermistors | Treatment temperature | Temperature readings |
| Shear | Pressure differential | Pressure sensors (before/after) | Pressure differential | Pressure readings |
| Ultrasound | Power consumption, voltage and current | System power diagnostics | Ultrasound power consumption, voltage and current | Ultrasound module power consumption, voltage and current readings |
| UV and UV+TiO 2 | Power consumption, voltage and current | System power diagnostics | UV module power consumption, voltage and current | UV module power consumption, voltage and current |
| UV and UV+TiO 2 | Lamp status and age | Treatment monitoring | UV lamp status and age | No Reporting Required |
| UV and UV+TiO 2 | UV dose, intensity, transmittance | UV sensors and monitors | UV dose, intensity, transmittance | UV dose, intensity, transmittance |
| UV and UV+TiO 2 | Flow rate | Flow meter | UV effluent flow | Flow readings |
Vessel Owner/Operator ____________________________
Phone ________________________
Address and Email Address: ________________________________________________________
Vessel Name _____________________________
Vessel Type ___________________
Vessel Identifier ___________________________
□ Registered number/operating number
□
IMO number
By signing this form, I acknowledge that I have read and am familiar with the VGP and that I am implementing all permit requirements contained in the VGP.
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
_________________________________
Signature and Date
I certify that I have completed an annual inspection for 2014 in accordance with Part 4.1.3 of the VGP.
_________________________________
Signature and Date
I certify that I have completed an annual inspection for 2015 in accordance with Part 4.1.3 of the VGP.
_________________________________
Signature and Date
I certify that I have completed an annual inspection for 2016 in accordance with Part 4.1.3 of the VGP.
_________________________________
Signature and Date
I certify that I have completed an annual inspection for 2017 in accordance with Part 4.1.3 of the VGP.
_________________________________
Signature and Date
I certify that I have completed an annual inspection for 2018 in accordance with Part 4.1.3 of the VGP.
_________________________________
Signature and Date