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