Ballast Water Management in the USA - Navigate … · 2 Ballast Water Management in the USA...
Transcript of Ballast Water Management in the USA - Navigate … · 2 Ballast Water Management in the USA...
David Davenport-Jones Director, Marine Technology & Business Development
London
12-13 March 2013
Ballast Water Management in the USA
CHEMICAL & PRODUCT TANKER CONFERENCE
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Ballast Water Management in the USA
Introduction
Ballast Water Regulatory Regime
USCG Regulatory Developments
Environmental Protection Agency Perspective
State Requirements
New York
California
Conclusions
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Ballast Water Regulatory Regime
Clean Water Act
(1948, 1972, 1977, 1987) NANPCA (Dec1990)
NISA (Dec 1996)
NPDES: National Pollutant Discharge Elimination System
NANPCA: Non-indigenous Aquatic Nuisance Prevention and Control Act
NISA: National Invasive Species Act
EPA USCG
33 CFR Part151 Subpart C & D NPDES
Individual Permit
General Permit VGP State Legislations & Regulations
(BW Laws: California, Michigan, Minnesota & Wisconsin)
(BW Standards in State’s clean water certification: Illinois,
Indiana, New York, Ohio & Pennsylvania)
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USCG Regulatory Developments
Organism Size Amount Allowable in Discharge
≥ 50µm < 10 organism per m3
< 50 - ≥ 10 µm < 10 organism per milliliter
Indicator microorganisms
< 1 colony forming unit of
toxicogenic Vibrio cholerae Per 100 milliliter
< 250 colony forming unit of
Escherichia coli Per 100 milliliter
< 100 colony forming unit of
intestinal enterococci Per 100 milliliter
USCG Final Rule BW Discharge Standards were
made available on 16 March and published on
23 March 2012:
Applicability
Exemptions
Jurisdiction
Technology review –
practicability review
USCG ballast water
discharge standard
Documentation
Operational practices
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Acceptable Ballast Water Management Options:
Install and operate a ballast water management
that has been approved by the Coast Guard
Use only water from a US public water system
Perform a complete ballast water exchange in
an area 200 nm from any shore prior to discharging
ballast water, unless the vessel is required to
employ an approved BWMS per the implementation
schedule
No ballast water discharge into waters of the US
Discharge to a facility onshore or another vessel for purposes of
treatment
Alternate Management System (AMS)
USCG Regulatory Developments
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USCG Regulatory Developments
Alternate Management System (AMS)
A manufacturer whose BWMS has been Type
Approved by an Administration other than the
US may request USCG acceptance of that BWMS
under the AMS provisions (33 CFR 151.2026)
The request is to be submitted in writing to the USCG
Marine Safety Center (MSC) and the request is to be
submitted with the following:
– The type approval certificate issued by the Administration
– Contact information on the person responsible to obtain the AMS
acceptance (name, address, email address and telephone number)
– Final test results and findings supporting the issuance of the type
approval
– A description of any modification from the testing model
– A type approval application as described under 46 CFR 162.060-12
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USCG Regulatory Developments
Alternate Management System (AMS):
10 vendors have applied for AMS acceptance
AMS may be employed for no longer than five
from the date that the vessel would be required to
comply with the discharge standard if it is installed
prior to the compliance date
Once ballast water management systems are type approved
by the Coast Guard and available for a given class, type of
vessels, or specific vessel, those vessels will no longer be
able to install AMS in lieu of type approved systems
Those vessels equipped with an AMS ballast water management in
advance of the issuance of a USCG type of a BWMS will continued
to be allowed to discharge treated ballast water for 5 years beyond
the date that the vessel would be required to comply with the
discharge standard
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USCG Regulatory Developments
Implementation Schedule for Ballast Water Discharge Standards
New vessel – constructed on or after 1 December 2013
Keel laid
Construction identifiable with the specific vessel
Assembly commenced with 50 tons or 1% whichever is less, or
Major conversion
Vessel Ballast Capacity Compliance Date
New All Delivery
Existing
< 1,500 m3 First scheduled drydocking after 1 Jan 2016
1,500 – 5,000 m3 First scheduled drydocking after 1 Jan 2014
> 5,000 m3 First scheduled drydocking after 1 Jan 2016
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Ballast Water Management Convention
D-1 = exchange standard D-2 = biological standard
Implementation: ships of signatory flag States/all ships in jurisdictional
waters of signatory States
Note: Signatory States to be consulted regarding delayed D2 enforcement permitted by A.1005(25).
Ballast
Cpty
(m3)
Build
Date
® First Intermediate or Renewal Survey, whichever occurs first, after the
anniversary date of delivery in 2014/2016 as shown below
2009 2010 2011 2012 2013 2014 2015 2016 2017
<1,500
< 2009 D-1 or D-2 D-2 ®
in 2009 Note: D-1; D-2 by “2nd Annual but not beyond 31 Dec 11” or EIF, whichever is later (Note)
>2009 D-2 (at delivery or EIF, whichever is later)
≥1,500
or
≤5,000
< 2009 D-1 or D-2 D-2 ®
in 2009 Note: D-1; D-2 by “2nd Annual but not beyond 31 Dec 11” or EIF, whichever is later (Note)
>2009 D-2 (at delivery or EIF, whichever is later)
>5,000 < 2012 D-1 or D-2 D-2 ®
> 2012 N/A D-2 (at delivery or EIF, whichever is later)
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USCG Regulatory Developments
Ballast Water Management Plan
Enforcement and Compliance
Access to the vessel to take samples of ballast
water and sediment, examine documents and make
other appropriate inquires, to assess compliance
Provide records to the COTP upon request
Penalties
A person who violates the requirements in the US regulations is
subject to a civil penalty not to exceed 35,000 USD. Each day of a
continuing a violation constitutes a separate violation.
A person who knowingly violates the regulations is guilty of a class
“C” felony
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EPA: VGP Under the US CWA
On 18 December 2008 the US EPA issued the final Vessel
General Permit (VGP) to regulate incidental discharges from
ships during normal operation under the CWA for the national
pollution discharge elimination system (NPDES) program
CWA prohibits discharge of a pollutant without NPDES permit
Applies to all commercial vessels (L > 79 ft) when operating within
US waters (3 nm territorial sea)
VGP compliances
6 February 2009 including
Alaska and Hawaii
Compliance with inspections,
training, recordkeeping and
reporting
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VGP BWM Regulations & Standards
US EPA issued standards governing BW discharge under the
jurisdiction of the Clean Water Act in accordance with a court
order
Vessel General Permit (VGP) modified to cover ballast water
discharges in US Waters (issued December 2008)
Must either conduct ballast water exchange outside 200nm from
US waters
Have a USCG approved ballast water treatment system (none
currently exist)
Vessel enrolled in the USCG STEP program
Any vessel employing a BWTS which uses biocides is considered
experimental for the initial 5 year permit period
– Any discharge of total residual chlorine must be < 0.1 ppm
All vessels must submit a Notice of Intent with corresponding form
to discharge ballast in US Waters
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VGP Re-issuance Schedule
The existing VGP will expire on 19 December 2013
Each VGP has a working life of 5 years
VGP schedule
November 2011: Propose VGP
November 2012: Finalize VGP
– Revised to not later than
15 March 2013
December 2013 VGP comes
into effect
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New VGP Regulations & Standards
Means to satisfy EPA VGP Technology Based Effluent Limits (TBELs)
– Use a USCG approved and accepted treatment device
– Onshore treatment
– Potable water (from US and Canada)
– No discharge
IMO – equivalent implementation schedule
Ballast Water Monitoring
– Functional – test if the system is functioning as designed (e.g. applying
the chlorine dose, filtering water)
– Biological – E.coli, enterococci and total heterotrophic bacteria
– Active substance and residuals (for systems that use them) numeric
limits for systems using chlorine, chlorine dioxide, ozone and peracetic
acid – other parameters set by EPA
Reduced frequency monitoring – high quality efficacy and toxicity type
approval data from flag Administration or vendor
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EPA & USCG Collaboration
US EPA and USCG signed a MOU in February 2011
to coordinate efforts for preventing illegal discharges
MOU creates a framework for improving EPA
and USCG cooperation on data tracking, training,
monitoring, verifying compliance and industry outreach
USCG has agreed to incorporate components of the
EPA’s VGP program into its existing inspection protocols and
procedures
USCG inspectors will evaluate VGP compliance during
port State inspections
Violations observed during inspections can be
sent to EPA for evaluation and follow-up
Limited to Federal VGP requirements (excludes
State Certifications – refer to Section 6 of VGP)
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US State Local Regulations
California
Currently reviewing plans to implement
performance standards
Standards have not been revised
There has been no change in the implementation
schedule for the performance standards, however
there has been some discussion about a two-year
limited enforcement period in which the CSLC
would only enforce to the IMO/USCG standards.
At this point in time, this is only a discussion topic.
If/when the language is put into the regulations
ABS will be notified of the language/public
comment.
Development of compliance verification protocols
California will not be issuing type approvals for
BWMS. Owners will need to select BWMS best
able to meet CSLC standards from a pool of
available BWMS.
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Organism Size IMO Reg. D-2 California Law
> 50 µm in min. dimension < 10 viable organisms/m3
No detectable living organisms
< 50 µm and >10 µm in min. dimension
< 10 viable organisms/ml
< 0.01 living organisms per ml
< 10 µm in min. dimension No limit < 1,000 bacteria/ 100 ml and < 10,000 viruses / 100 ml
Escherichia coli < 250 cfu/100 ml < 126 cfu/100 ml
Intestinal enterococci < 100 cfu/100 ml < 33 cfu/100 ml
Toxicogenic Vibrio cholerae (O1 & O139)
< 1 cfu/100 ml or < 1 cfu/gram wet wt. zooplankton samples
< 1 cfu/100 ml or < 1 cfu/gram wet wt. zoological samples
cfu: colony forming unit – a measure of viable bacterial numbers
California Discharge Performance Standard
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California’s Implementation Schedule
BW Capacity of Vessel
[metric tons]
New Vessels (constructed on or after 1 Jan. of years
below)
Existing Vessels (applicable as of 1 Jan. of years below) Note 1
< 1,500 2010 2016
1,500 – 5,000 2010 2014
> 5,000 2012 2016
Note 1: In California, the standards apply to vessels in this size class as
of 1 January of the year of compliance. The IMO BWMC applies to
vessels in this size class no later than the first intermediate survey or
renewal survey, whichever occurs first, after the anniversary date of
delivery of the ship in the year of compliance.
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US State Local Regulations
New York
Has extended the implementation date for vessels to comply with conditions
2, 3, 4 and 5 of the New York Water Quality Certification (WQC) to midnight
19 December 2013
Has noted that the conditions in the draft VGP cannot be made less stringent
with out violating the water quality standards and other requirements of State
law and also established 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 – NYDEC letter 26 September 2012
– Ballast discharge limitations, Great Lakes exchange and flushing,
and grey water discharges cannot be made less stringent
– Exchange and flushing for voyages originating
beyond the exclusive economic zone
– Sample and analyze the ballast water at
least once a year (provided appropriate
facilities are available)
– Discharge of bilge water is prohibited in
New York State Waters
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Ongoing ABS Activities
ABS Guide for Ballast Water Exchange (2010)
ABS Ballast Water Treatment Advisory
(2nd Edition available)
ABS Guide for Ballast Water Treatment
Systems (November 2011)
Continued interaction with
owners and operators, designers
administrations and BWTS
vendors
Expand of depth of
knowledge and bench
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Summary & Conclusions
Ratification is pending
Implementation timelines not consistent (IMO and US, USCG and EPA)
Type Approval
USCG Approval
Some owners have contracted for newbuilds to be equipped with a
BWTS; while others are incorporating provisions to accommodate a
BWTS
Owners of existing ships are evaluating the various BWTS available
Uncertainty at IMO
Application ABS BWT Guide
Communication is essential