US VGP Pamphlet

8/12/2019 US VGP Pamphlet

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YOUR BIMCO GUIDETO PREPARE FOR

US NATIONALPOLLUTANTDISCHARGEELIMINATION

SYSTEM –VESSELGENERALPERMIT

CHAMBER OF SHIPPING OF AMERICA



This guide has been prepared to protect YOU – thecrew – from unnecessary problems when callingat US ports or entering US waters.

Its purpose is to help you perform your dutiesin a way that fully complies with regulations inthe US.

The guide will provide general advice. Detailedguidelines and instructions are available atEPA’s homepage:

http://cfpub.epa.gov/npdes/home.cfm?program_id=350

The National Pollutant Discharge Elimination System(NPDES) is a system under the US environmental pro-tection rules (Clean Water Act) to minimize pollutionwithin US territorial waters (3 nm). For ships greater

than 79 feet in length, all the requirements are laid outin a document called the Vessel General Permit (VGP).These requirements are additional to internationalenvironmental rules such as MARPOL. The VGP estab-lishes technology-based effluent (outflowing) limits forall vessels and for 26 specific discharges incidental tothe normal operation of a vessel. In addition to these

discharge and vessel specific requirements, extensiverequirements are included for inspections, monitor-ing, reporting and record-keeping. Note that for mostcompanies the VGP will require a detailed review ofenvironmental protection systems, crew training andrecord-keeping. The rules have been in force since thebeginning of 2009. It should be noted that any non-

compliance with the VGP constitutes a violation of theUS environmental rules and may lead to prosecution.

Introduction

What is it?



In general, the VGP will apply to any commercial,non-fishing vessel greater than 79 feet in length,regardless of flag, trading within 3 nm of the USbaseline. While each vessel will not be required toobtain an individual permit, most vessels will be

required to file a notice of intent to receive cover-age under the VGP and commit to meeting thedischarge limitations included in the general permitfor the specific discharges.

Vessels of 300 gross tons and above or vessels whichhave the capacity to hold/discharge more than 8

cubic metres of ballast water must submit a Noticeof Intent (NOI). For vessels filing original NOIs,at least 30 days processing time must be allowedbefore the vessel will be deemed “covered” bythe general permit. EPA may require additionalinformation or time to review the NOI past the 30days. Recommended submission method is via EPA’s

eNOI system at http://cfpub.epa.gov/npdes/vessels/ vesselsenoi.cfm and filing must take place at least30 days prior to the vessel’s first entry into US ter-ritorial waters. The initial permits will be valid for5 years.

Failure to file an NOI in a timely manner will result

in non-coverage of discharges from the vessel underthe permit and violations of the Clean Water Act,regardless of whether the vessel discharges werein compliance with the substantive permit require-ments and even if the NOI has been filed but notyet processed (at least 30 day processing period asnoted above).

Also note that filing provisions have been estab-lished for new vessels and vessels which will betransferred to new owners.

The general requirements applicable to all vesseldischarges are found in this pamphlets in Parts 1though 4; specific additional requirements thatapply to particular vessel types are found in Part 5;specific additional requirements that apply in indi-vidual States or Tribal Lands are found in Part 6.

Which vessels areincluded?



The VGP covers a lot of requirements alreadyimplemented in the company’s managementsystem. However, an operator should carefullyconsider the implementation of the VGP require-ments, which include:

• Requirements for inspections, bespoke train-ing, record-keeping and reporting .

• General applicability to discharges incident tothe normal operation of a vessel.

• Discharges from auxiliary vessels (lifeboats,

rescue boats, barges loaded aboard larger ves-sels) covered under the notice of intent (NOI)submission for the larger vessel.

• Specific discharges not covered by the federalrequirements of the VGP include sewage, usedor spent oil, garbage or trash, photo process-ing effluent, dry cleaning effluent, medi-cal wastes, noxious liquid substance residues,and tetrachloroethylene (percholoroethylene)degreasers.

• Some discharges may be covered by state spe -cific provisions found in Part 6 and thus reviewof the state specific requirements for ports/

waters to/in which the vessel is expected totrade is critical.

What is covered?PART

1



Technology-based effluent limits and relatedequipment applies to all vessels. That includes:

• Best practices defined for material storage(minimize exposure time of residues on deck

which may be blown or washed overboard,secure and covered storage locations), toxicand hazardous materials (sealed and appropri-ate containers, minimize exposure to weather),fuel spills/overflows (minimize, prompt contain-ment and clean-up, crew training), dischargesof oil including oily mixtures (consistent with

MARPOL Annex I and/or 33 CFR 151.09, IOPCCrequired for MARPOL vessels, substantial equiv-alent recommended for non MARPOL vessels).

• The vessel must continue to meet requirementsof all applicable statutes and regulations.

Technology-Based Effluent Limits –The Specific Discharge Categories

The included discharges are: deck washdown andrunoff; bilge water; ballast water; anti-foulingcoatings; aqueous film forming foam (AFFF); boil-er/economizer blowdown; cathodic protection;

chain locker effluent; controllable pitch propellerand thruster hydraulic fluid and other oil-to-seainterfaces including lubrication discharges frompaddle wheel propulsion, stern tubes, thrusterbearings, stabilizers, rudder bearings, azimuththrusters, propulsion pod lubrication, and wirerope and mechanical equipment subject to immer-

sion; distillation and reverse osmosis brine, eleva-tor pit effluent; fire-main systems; freshwaterlayup; gas turbine wash water; gray water; motorgasoline and compensating discharge; non-Oilymachinery wastewater; refrigeration and air con-densate Discharge; seawater cooling overboarddischarge; seawater piping biofouling preven-

tion; small boat engine wet exhaust; sonar domedischarge; underwater ship husbandry discharges;welldeck discharges; gray water mixed with sew-age from vessels; exhaust gas scrubber washwaterdischarge.

Effluent limits and relatedrequirements

PART

2



Water Quality Based Effluent Limits

The VGP permit includes water quality basedeffluent limits to control discharges as necessaryto meet the applicable water quality standards inUS. With that background, EPA generally expectswater quality compliance to be achieved by therequirements and limits to meet the technologicalbased standards. EPA may impose additional waterquality-based limitations on a site specific basis ifthe vessel’s discharge does not respect the waterquality standards in the US. Such special require-

ments will be communicated to the vessel’s opera-tor through direct contact or suitable posting ofrequirements.

Effluent limits and relatedrequirements (cont.)

PART

2



Corrective action is follow-up action a vessel musttake to correct problems identified in an inspec-tion or otherwise. That includes:

• If accidental discharge occurs or limits are

exceeded a vessel must immediately initiatecorrective action, including a description of theproblem (reporting to EPA within 24 hours fordischarges that endanger human health or theenvironment). The cause should be identifiedand corrective actions initiated, including atime line for corrective action. All of this should

be documented through appropriate record-keeping.

• Non-compliance with many VGP conditions e.g.good housekeeping can be corrected immedi-ately and does not require further action.

• A corrective programme will be required in

connection with more serious problems e.g.violation of effluent limits, identification of sit-uations where control measures are insufficientto meet applicable water quality standards orfailure of pollution control equipment (opera-tion and maintenance programs included).

• Depending on the complexity of the problem,the time frame for correction of deficienciesvaries. Some must be corrected immediately;others within 2 weeks, some within 3 monthsand some can wait until the next dry docking.

• Note that non-compliance constitutes a permitviolation; failure to conduct and implement

a corrective action programme constitutes aseparate permit violation.

Corrective actionPART

3



Extensive requirements are included for inspections,monitoring, reporting and record-keeping. The ship'swatch shall include visual monitoring for dischargedpollutants originating from the vessel. That includes:• Establishing requirements for routine visual

inspections at least once per week or per voyage,discharge sampling once per quarter for wastestreams not compatible with visual inspectione.g. below water line discharges, comprehensiveannual vessel inspections and dry-dock inspec-tions. These samples must be visually assessed fordiscoloration, sheen, solids, foam, and clarity (no

lab analysis is required). EPA has advised that ves-sels are not required to conduct these inspectionswhen they are outside US territorial waters (3 nm),but must be in compliance when entering US ter-ritorial waters.

• Various requirements for documenting inspectionsin vessel documentation and/or logbook; dry-dock

reports prepared by class or USCG.• Specific record-keeping criteria are provided.

• Additional record-keeping for vessels with ballasttanks consistent with existing 33 CFR 151.2045including documentation of saltwater flushingwhere required.

• Various reporting requirements including non-compliance events, discharges of reportable quan-tities of hazardous substances or oil, standard per-mit reporting requirements in 40 CFR 122.41 and aone-time permit report which must be submittedbetween 30 and 36 months after obtaining permitcoverage.

• Records should be maintained to demonstratethat the crew has attended appropriate trainingregarding the VGP.

• Corrective actions must be taken and documentedif any of the inspections or visual monitoring indi-cates non compliance (see Part 3).

• Certification text must be included in any NOI

and any required reports to EPA.• A valid VGP may be modified or revoked prior to

expiry date for a variety of reasons including theneed for more protective standards due to appli-cable water quality standards and/or the avail-ability of new pollution control technologies.

Inspections, monitoring,reporting andrecord-keeping

PART

4



Large Cruise Ships (500 or more passengers)

• Additional requirements for gray water dis -charges including discharge location and rate,treatment standards, pool/spa discharges, other

materials, monitoring and crew education andtraining requirements.

Medium Cruise Ships (100-499 passengers)

• Additional requirements for gray water dis -charges including discharge location and rate,

treatment standards, pool/spa discharges, othermaterials, monitoring and crew education andtraining requirements.

• Defined as vessels that carry passengers andvehicles for hire which carry more than 100tons of cars, trucks, trains or other land-basedtransportation equipment.

• Additional requirements for deck water run-off, gray water management and crew educa-tion and training.

Barges

• Minimize contact of below deck condensatewith oily or toxic materials.

• No discharge of oily mixtures in harmful quan -tities.

• Visible sheen triggers a corrective action pro -gramme.

• Tank barges must have spill rails and pluggedscuppers while engaged in cargo operations.

• Clean out cargo tanks to minimize cargo resi -dues prior to washing and discharge over-board.

• A visual sheen test to be conducted after everybelow deck pump out or deck wash-down.

Oil Tankers and Petroleum Tankers

• Effluent from inert gas scrubbers may be dis -charged under this permit, but should be mini-mized as much as feasible.

Vessel class-specificrequirements

PART

5



• Discharges from deck seals permitted wheninstalled as part of inert gas system.

• Scuppers plugged during cargo operations.

• A visual sheen test to be conducted after every

cargo operation or deck washdown.• Crew education and training requirements.

Vessels employing experimental BallastWater Treatment Systems

• Any system using a biocide is deemed “experi -mental” under the VGP.

• Requires monitoring of ballast water dischargefor residual biocide components.

• May not use a biocide that is considered a“pesticide” under FIFRA unless it has been reg-istered for use in ballast water treatment, but

this provision does not apply if the biocide isgenerated on board by a “device” per FIFRA.

• Total Residual Chlorine (TRC) may not exceed100 micrograms per litre as an instantaneousmaximum.

• Other biocides or derivatives may not exceed

“Gold Book” values (EPA 1986 Quality Criteriafor Water found at www.epa.gov/waterscience/ criteria/library/goldbook.pdf.

• Annual Whole Effluent Toxicity (WET) testingrequired for ballast water discharge samplesfor systems using biocides not included in GoldBook.

• Initial compliance to be shown by taking 5samples over a 90 day period.

• Ongoing compliance via quarterly samplingof ballast water discharge for systems usingbiocides in Gold Book; annual WET tests forsystems using biocides not in Gold Book.

• Records of sampling and testing to be retainedfor 3 years.

• Sampling and monitoring data to be submit -ted annually to EPA (hard copy initially, but viae-reporting system once operational).

Vessel class-specificrequirements (cont.)

PART

5



Specific and very detailed requirements have beenadded by certain states. The reader is urged to care-fully review these requirements and, where trad-ing routes so dictate, to incorporate these require-ments into their VGP compliance programmes. It

is important to note that while certain dischargesare permitted under the general provisions, someof these discharges are prohibited in all or in partby certain state provisions found in this section.In addition, certain states have expanded theapplicability of the EPA NOI provisions to smallervessels, have created additional reporting require-

ments and have created special permit applica-tion requirements for vessels discharging in statewaters.

States with additional requirements of relevanceto BIMCO and CSA members and colleague tradeassociations include (parentheticals indicate specif-

ic discharges addressed but are not exhaustive dueto general requirements in state submissions thatapply to all dischartes): California (applicability,ballast water, propeller/hull cleaning, gray water,monitoring and reporting), Connecticut (ballastwater, gray water), Florida (discharge standardfor oils and greases), Georgia (gray water), Illinois

bioaccumulative chemicals of concern, bilge water,ballast water, black water, gray water), Indiana(ballast water), Maine (prohibited discharges, hullcleaning), Massachusetts (ballast water, gray water,seawater piping biofouling prevention, underwa-ter ship husbandry discharges, gray water mixedwith sewage), Michigan (ballast water, black

water, Minnesota (ballast water), New Jersey (graywater, bilge water), New York (ballast water, graywater, bilge water), Ohio, (ballast water, RhodeIsland (general requirements not addressing spe-cific discharges).

Specific requirements forindividual states or Indiancountry lands

PART

6



BIMCO is an independent international ship-ping association comprised of ship owners,managers, brokers, agents and many otherstakeholders with vested interests in the

shipping industry. The association acts onbehalf of its global membership to promotehigher standards and greater harmony inregulatory matters. It is a catalyst for thedevelopment and promotion of a fair andequitable international shipping policy.

“EPA appreciates the efforts of associa-tions such as BIMCO for their efforts ineducating ship owners and managers onthe requirements of the vessel generalpermit. Efforts such as this pamphlet pro-mote a cooperative relationship amongEPA and these parties in achieving thegoal of protecting water quality whileensuring the successful operations of themaritime industry.”

Peter S. Silva Assistant Administrator for Water,US Environmental Protection Agency

BIMCOBagsvaerdvej 1612880 [email protected]

BIMCO – Reflectingyour interests

US VGP Pamphlet

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