Key Agency: Environmental Protection Agency The VGP is a Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit that authorizes, on a nationwide basis, discharges incidental to the normal operation of non-military and nonrecreational vessels greater than or equal to 79 feet in length. History In December, 2008 the Environmental Protection Agency (EPA) finalized the National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP) program. Effective December 19, 2008, vessels of 79 feet (24.08m) or longer, operating in US waters, had to manage discharges incidental to normal operation in accordance with an EPA issued VGP. In order to be covered by the regulations and apply for a VGP, Vessels of 300 GT and above, or have the capacity to hold or discharge more than 8 cubic meters (2113) gallons of ballast water; are also required to submit an electronic Notice of Intent (NOI). Failure to submit the NOI in a timely manner can lead to a prohibition against operation of the vessel in waters of the United States. The VGP defined effluent limits for each discharge. A vessel might not produce all of the discharges covered by the permit, but owners and operators are responsible for complying with all the effluent limits for every listed discharge that the vessel produces. General Information There are 28 categories of water discharge covered by the VGP. The VGP defines effluent limits for each discharge. The 28 categories are: 1. Deck Runoff 2. Graywater 3. Bilge water/oily Water Separator Effluent 4. Motor Gasoline and Compensating Discharge 5. Ballast Water 6. Non-Oily Machinery Wastewater
7. Anti-Fouling Leachate from Anti-Fouling Hull Coatings 8. Refrigeration and Air Condensate Discharge 9. AFFF 10. Rudder Bearing Lubrication Discharge 11. Boiler/Economizer Blowdown 12. Seawater Cooling Overboard Discharge 13. Cathodic Protection 14. Seawater Piping Biofouling Prevention 15. Chain Locker Effluent 16. Small Boat Engine Wet Exhaust 17. Controllable Pitch Propeller Hydraulic Fluid 18. Sonar Dome Discharge 19. Distillation and Reverse Osmosis Brine 20. Sterntube Oily Discharge 21. Elevator Pit Effluent 22. Underwater Ship Husbandry 23. Firemain Systems 24. Welldeck Discharges 25. Freshwater Layup 26. Graywater Mixed with Sewage from Vessels 27. Gas Turbine Wash Water 28. Exhaust Gas Scrubber Washwater Discharge Enforcement The USCG and USEPA developed a Memorandum of Understanding that delegated the USCG with responsibilities to inspect vessels for VGP compliance. For foreign flag vessels, the USCG conducts VGP enforcement during regularly scheduled Port State Control examinations. For US flag vessels, the USCG conducts VGP enforcement during regularly scheduled COI/Mid-period examinations. The USCG focuses its VGP examination on: (1) Confirming that the vessel has submitted a NOI to the EPA, (2) Checking vessel self-inspection records, and (3) VGP record keeping. 2
If the USCG discovers significant violations of the VGP regulations, the violations will be passed to the EPA for action. 2013 VGP Update The second VGP became effective on December 19, 2013 and expires on December 19, 2018. The 2013 Vessel General Permit replaced the current 2008 Vessel General Permit, which expired in December 2013. The 2013 VGP continues to regulate 26 specific discharge categories that were contained in the 2008 VGP, and for the first time: (1) Authorizes the discharge of fish hold effluent, and (2) Contains numeric ballast water discharge limits for most vessels, and (3) Contains more stringent effluent limits for oil-to-sea interfaces and exhaust gas scrubber washwater, and (4) Contains a draft provision requiring small vessel owners to obtain coverage under a VGP, and (5) Requires sampling and analytical monitoring of select discharges. EPA has also improved the efficiency of several of the VGP s administrative requirements, including allowing electronic recordkeeping, requiring an annual report in lieu of the one-time report and annual noncompliance report. Additionally, the draft Small Vessel General Permit (svgp), if finalized, would authorize discharges incidental to the normal operation of non-military and non-recreational vessels less than 79 feet in length and commercial fishing vessels. The draft Small Vessel General Permit is shorter and simpler. The draft permit specifies best management practices for several broad discharge management categories including fuel management, engine and oil control, solid and liquid maintenance, graywater management, fish hold effluent management, and ballast water management. Small vessel owners and/or operators will obtain coverage under the VGP by completing and agreeing to the terms of a Permit Authorization and Record of Inspection form. 2013 VGP Provisions Record Keeping Vessels are not required to keep a physical copy of the permit onboard the vessel. However, EPA recommends that a copy of the VGP be maintained onboard each vessel for reference to ensure that all requirements are complied with by the vessel. 3
The VGP does require that certain documents including the NOI or PARI form as applicable be maintained onboard the vessel. Notice of Intent Vessels that submitted an NOI for coverage under the 2008 VGP will NOT automatically be authorized under the 2013 VGP; a new NOI for the 2013 VGP is still required. 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 complete and accurate electronic Notice of Intent (enoi). 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 (2,113 gallons) of ballast water, you do not need to submit an NOI. However, to obtain and retain permit coverage in these instances, you must complete the Permit Authorization and Record of Inspection (PARI) form found in Appendix K of the 2013 VGP and keep a copy of that form onboard your vessel at all times. You may access the enoi system at: https://ofmpub.epa.gov/apex/vgpenoi/f?p=106:101:965233381110 For additional information regarding the enoi requirements go to: http://water.epa.gov/polwaste/npdes/vessels/vessels-enoi.cfm Environmentally Acceptable Lubricants All vessels covered under the VGP must use Environmentally Acceptable Lubricants (EALs) in all oilto-sea interfaces, unless technically infeasible. The intent of this permit condition is to reduce the environmental impact of oily lubricant discharges on the aquatic ecosystem by increasing the use of EALs and maintaining all seals so that discharges do not result in quantities of oil that may be harmful. The impact of lubricant discharges (not accidental spills) to the aquatic ecosystem is substantial. The majority of ocean going ships operates with oil-lubricated stern tubes and use lubricating oils in a large number of applications in on-deck and underwater (submerged) machinery. Oil leakage from stern tubes, traditionally considered a part of normal operational consumption of oil, results in millions of liters of oil being released to the aquatic environment every year. 4
Where the discharge can t be eliminated, this permit condition seeks to reduce the potential environmental impact of those discharges. Use of EALs results in discharges that biodegrade more quickly and that are less toxic than discharges from their traditional mineral oil counterparts. For all applications where lubricants are likely to enter the water, EAL formulations instead of mineral oils can offer significantly reduced environmental impacts across all applications. EALs are lubricants that are biodegradable and minimally-toxic, and are not bioaccumulative. Products meeting the permit s definitions of an EAL include those labeled by the following voluntary labeling programs: Blue Angel, European Ecolabel, Nordic Swan, 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) Oil-to-sea interfaces include any mechanical or other equipment on board a vessel where seals or surfaces may release quantities of oil and are subject to immersion in water. The VGP specifically identifies several types of equipment that have the potential for lubrication discharges from oil-to-sea interface, including: Controllable Pitch Propeller, Thrusters, Paddle Wheel Propulsion, Stern Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, Propulsion Pod Lubrication, 5
Wire Rope, and Mechanical equipment subject to immersion (e.g., dredges, grabs, etc). In addition, there may be other types of equipment that could be considered an oil-to-sea interface that were not specifically mentioned in the VGP. EPA does not consider on-deck equipment that comes into contact with rain, splashed with waves, wave-generated spray, or subject to icing to be a form of immersion, and therefore, not an oil-to-sea interface. Vessel operators are not required to use EALs in on-deck machinery that is not subject to immersion. However, discharges from deck machinery are subject to other discharge requirements, such as those for Deck Washdown and Runoff, which recommends the use of EALs. Technically Infeasible For purposes of the EAL permit condition, 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, EAL products meeting a manufacturers specifications are not available within any port in which the vessel regularly calls, or change over and use of an EAL must wait until the vessel s next drydocking. In other words, the use of EAL may be considered technically infeasible if no EAL products are approved for use in a given application, or products meeting a manufacturer s specifications are not available within any port in which the vessel regularly calls. For some vessels it is necessary to wait until their next drydocking to replace their traditional oils with EALs. In this case, use of EALs until that drydocking would not be technically feasible, but it would be technically feasible after their next drydocking. For example, where lubricant types cannot be commingled in existing equipment or seal materials and the lubricants cannot be changed until the next drydock, it would be considered technically infeasible to use an EAL until the vessels next scheduled drydocking. To demonstrate that it is technically infeasible, vessel operators must document in their recordkeeping documentation why they are unable to use an EAL until the next drydocking and report the use of non-eals in their Annual Report. The vessel would then be required to change over lubricants in the next drydocking. 6
Information about the use of EALs should be recorded and kept in a log on the vessel. Vessel operators must document in their recordkeeping documentation either the EAL(s) they are using or why they are unable to use an EAL until the next drydocking and report the use of non-eals in their Annual Report. If a vessel operators believes that one of the conditions for technical infeasibility apply for their vessel, for example needing to wait until the next drydocking to change to an EAL, vessel operators must document in their recordkeeping documentation why they are unable to use an EAL until the next dry docking. Additionally, they must report the use of a non-environmentally acceptable lubricant to EPA in their Annual Report. The vessel would then be required to change over lubricants in the next drydocking. The information to be documented is intended to be simple, basic, and straightforward. A vessel owner/operator need only keep one brief record of their determination that use of EALs is technically infeasible. A general statement from makers of seals can be included as sufficient documentation. Technical infeasibility may also be determined if a class society determines EALs are not appropriate for a particular use or the vendor has not specified that EALs are appropriate for that piece of equipment. Although EPA does not require vessels to install wholly new equipment, the mere maintenance of existing equipment (e.g., changing out conventional seals for compatible seals during scheduled maintenance) in order to use EALs does not constitute technical infeasibility. However, if there is not an available EAL that is approved for a given piece of existing equipment, its use would not be technically feasible and would not be required. Additionally, if the working life is reduced such that the product will not last until the vessels next drydocking, then EAL use may be technically infeasible. Sampling and Monitoring The 2013 VGP requires targeted sampling and analytical monitoring for a subset of vessels covered by the permit. See table below for specific discharge requirements. Bilgewater discharges must be monitored for any vessel constructed on or after December 19, 2013 and greater than 400 gross tons that discharge bilgewater to waters of the United States (see Part 2.2.2.1 of the VGP). 7
Graywater discharge must be monitored for any vessel discharging graywater to waters of the United States constructed on or after December 19, 2013, having a maximum crew capacity of at least 15 crew, and providing overnight accommodation to those crew, and vessels that are not commercial vessels discharging graywater operating on the Great Lakes (see Part 2.2.15.2 of the VGP). Ballast water discharges must be monitored on vessels using a ballast water treatment system to achieve the numeric discharge limitations at Part 2.2.3.5 of the 2013 VGP that discharge ballast water to waters of the United States (see Part 2.2.3.5.1.1 of the VGP). Exhaust gas scrubber discharges must be monitored on any vessels discharging exhaust gas scrubber washwater to waters of the United States (see Part 2.2.26.2 of the VGP). The amount of water required for the analytical monitoring requirements will vary depending on the test being run and the discharge being sampled, but generally should be less than a few liters per sample. For general instructions on how to sample, see Vessel Discharge Sample Collection and Analytical Monitoring: A How-To Reference for EPA s 2013 Vessel General Permit (VGP) posted on the VGP website at http://water.epa.gov/polwaste/npdes/vessels/vessel-general-permit.cfm. Owners/operators should consult with any contracted laboratories to confirm logistics and obtain information about how to appropriately collect samples. For purposes of this permit, analytical monitoring does not need to be conducted by an approved lab, but all monitoring does need to be conducted using an EPA approved method or a method specifically referenced in the permit. EPA allowed this flexibility in the VGP to accommodate vessels engaged in international voyages which rarely frequent U.S. waters or vessels which test to see if their systems meet certain standards before entering waters of the U.S. VGP Application The VGP s inspections and monitoring requirements do not apply worldwide. Once vessels enter waters subject to this permit, they must be in compliance with the permit s requirements before those discharges that apply occur in waters of the U.S. (which in most cases will be at the moment they enter waters subject to the permit, because many discharges occur continuously during vessel operation). 8
The permit s periodic inspection and monitoring requirements are conditions that are a prerequisite to discharge into waters of the U.S. For example, a vessel transiting in and out of waters of the U.S. would be in compliance with a weekly inspection requirement if the vessel had conducted a compliant inspection in the week prior to discharging into waters subject to the VGP. The VGP does not require that the weekly inspection have occurred, for example, two, three, or four weeks prior to the discharge into waters subject to the permit. EPA s intent is the same for other periodic inspection requirements. For example, quarterly sampling must have occurred sometime in the quarter prior to discharge into waters subject to the permit and annual inspections must have occurred within a year prior to discharge into waters subject to the permit. Inspections and recordkeeping are directly related to ensuring that the vessel is in compliance with the permit prior to discharging into waters subject to the permit. Note that if the vessel does not discharge in waters subject to the VGP, then the discharge requirement or any monitoring associated with those discharges would not apply. For example, if a vessel does not discharge bilgewater in waters of the U.S., monitoring provisions for bilgewater would not apply. If that same vessel discharges ballast water to waters of the U.S., and meets other requirements triggering ballast water monitoring, the ballast water monitoring requirements would apply. Also, a vessel owner/operator will need to indicate in their Annual Report that they are not discharging the particular waste stream while in waters subject to the VGP. Ballast Water Discharges The sampling requirements for ballast water are applicable once a vessel uses a ballast water treatment system (vice mid-ocean transfers) to meet the numeric discharge standards. The only exception is for certain vessels entering the Great Lakes subject to Part 2.2.3.7 of the permit. Regarding monitoring, if a vessel is utilizing the ballast water treatment system (BWTS) to meet the numeric limits in Part 2.2.3.5 of the permit, then they need to conduct the monitoring required by the VGP (even if the system is being used before the numeric limits that mandate treatment are applicable to the vessel). See Part 2.2.3.5.1.1.1 of the permit, which states that the monitoring requirements 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. 9
Since the vessel would be using the system to meet the effluent limits in Part 2.2.3.5, instead of those in Part 2.2.3.6, the monitoring requirements are required to provide EPA (and the operator) with information that the systems are functioning as designed. In general, such vessels would not need to exchange ballast water if they do not travel farther than 50 nautical miles from waters subject to the VGP (See Part 2.2.3.6.2 of the VGP). However, Section 6 of the VGP contains additional requirements for certain state waters with respect to ballast water discharge, which may require exchange, even if a vessel does not travel 50 nm from shore. Crude oil tankers engaged in the coastwise trade (including those to and from Alaska) are subject to the ballast water requirements contained in VGP Part 2.2.3 as well as any additional exchange or flushing requirements for coastwise voyages resulting from State 401 certification conditions contained in Part 6 of the VGP. There is no Clean Water Act exemption for crude oil tankers engaged in coastwise trade. Those vessels that conduct saltwater flushing as required by Part 2.2.3.6.3 (ocean going voyages) and Part 2.2.3.6.4 (Pacific near-shore voyages) of the permit must note that fact on the Ballast Water Reporting Form, which is found in the Appendix to 33 CFR Part 151, Subpart D. On the form, saltwater flushing should be indicated by checking off the Underwent Alternative Management box and indicating that the vessel conducted saltwater flushing in the specify alternative method line, and by filling out Section 5, Ballast Water History. The information must be kept on board the vessel to meet the requirements of this permit, and must submitted to the U.S. Coast Guard where required under Coast Guard regulations. See Section 4.3 of the VGP for more information. Additionally, the EPA Vessel Discharge Homepage provides links to state certification letters and relevant contacts. See http://water.epa.gov/polwaste/npdes/vessels/vessel-general-permit.cfm. Ronald W. Branch Captain, USCG (Ret.) President Louisiana Maritime Association See additional references and sources of information on the next page. 10
References (Links): 1. Final 2013 Vessel General Permit (VGP) (PDF) or, http://water.epa.gov/polwaste/npdes/vessels/vessel-general-permit.cfm 2. Final 2013 VGP Fact Sheet (PDF) or, http://water.epa.gov/polwaste/npdes/vessels/upload/vgp_fact_sheet2013.pdf 11