EPA Finalizes Vessel General Permit

The U.S. Environmental Protection Agency (EPA) recently issued its final National Pollutant Discharge Elimination System (NPDES) general permit, regulating discharges, including ballast water, from commercial vessels. EPA’s 2013 Vessel General Permit (VGP) will replace the 2008 VGP when it expires on Dec. 19, 2013.  The permit provides the practices and procedures for owners and operators of vessels to comply with federal NPDES requirements. The 2013 VGP applies to owners and operators of commercial vessels that are at least 79 feet in length, excluding military and recreational vessels, operating within the “waters of the United States,” which includes the territorial seas. Construction companies involved in marine operations that own or operate such vessels (e.g., ferries, barges, tugs, cargo freighters, etc.) should take note of the more stringent requirements under the new permit. The VGP does not apply to commercial fishing vessels (at least for now) or to non-recreational vessels less than 79 feet in length; currently, a Congressional moratorium exempts all incidental discharges, with the exception of ballast water, from those vessels until Dec. 2014.  EPA plans to release a separate, streamlined permit soon for vessels less than 79 feet (Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet) – see below for additional details. EPA’s 2013 VGP and related documents are available on EPA’s website at http://cfpub.epa.gov/npdes/vessels/vgpermit.cfm. What You Need to Know The most notable difference between the 2013 VGP and the 2008 VGP is the inclusion of numeric effluent limits, applicable to vessels with ballast water tanks (expressed as the maximum concentration of living organisms in ballast water, as opposed to the current non-numeric requirements).  The permit also contains maximum discharge limitations for biocides and residuals compounds in ballast water.  These changes were made in response to the terms of a settlement reached with the state of Michigan and several environmental groups. The numeric effluent limits in the VGP would not apply to all vessels.  Where applicable, vessel operators can meet the new effluent limitations in four ways—

1. Treat the ballast water prior to discharge to achieve the numeric limits.
2. Transfer the ballast water to a third-party for treatment.
3. Use municipal or potable water for ballast.
4. Do not discharge ballast water.

The 2013 VGP also prohibits discharging of ballast water into sensitive areas such as marine preserves, shellfish beds, or coral reefs. In addition, the permit contains additional environmental protection for the Great Lakes. In addition, the 2013 VGP imposes a variety of changes for non-ballast water discharges.  For example, it requires new vessels to use technically feasible “environmentally acceptable lubricants” in their oil-to-sea interfaces. The permit also requires vessel operators to monitor their exhaust effluent, along with ballast water, bilgewater, and graywater if they discharge under the VGP. The 2013 VGP clarifies that permittees may use electronic recordkeeping; eliminates certain duplicative reporting requirements; and allows for consolidated reporting for certain vessels.  However, there is one significant recordkeeping change. Those owners/operators who are not required to submit an NOI under the 2013 permit to obtain coverage must now complete and keep a Permit Authorization and Record of Inspection (PARI) form onboard their vessel at all times, for purposes of certifying that the owner or operator has read and agreed to comply with the VGP. Small VGP Pending Final Action EPA also published a draft Small Vessel General Permit (sVGP) in December 2011. The draft sVGP would regulate incidental discharges from vessels less than 79 feet long, which have been exempt from non-ballast water permit requirements due to a Congressional moratorium that is currently set to expire in December 2014.  EPA is currently reviewing comments on the draft sVGP and intends to issue a final permit later this year. For more information, please contact Leah Pilconis, senior environmental advisor to AGC of America, at pilconisl@agc.org or log-on to http://www.epa.gov/npdes/vessels.