EPA Ballast Water ActivitiesEPA Ballast Water Activities

Ryan AlbertRyan Albert12/09/200912/09/2009

Clean Water Act Authority over Clean Water Act Authority over Discharges Incidental to the Normal Discharges Incidental to the Normal

Operation of VesselsOperation of Vessels

35 year regulatory exemption from NPDES 35 year regulatory exemption from NPDES permitting of “discharges incidental to the permitting of “discharges incidental to the normal operation of a vessel”normal operation of a vessel”Due to court decision, this exemption was Due to court decision, this exemption was vacated as of February 6, 2009vacated as of February 6, 2009As a result, most non-recreational vessels As a result, most non-recreational vessels must have a 402 Clean Water Act NPDES must have a 402 Clean Water Act NPDES permit to discharge legally permit to discharge legally EPA issued the Vessel General Permit to EPA issued the Vessel General Permit to provide this coverage.provide this coverage.

The CWA RequirementsThe CWA RequirementsVessels must have a CWA § 402 NPDES permit to Vessels must have a CWA § 402 NPDES permit to discharge legally.discharge legally.Effluent Limits are required by CWA § 301(b). Effluent Limits are required by CWA § 301(b). – Technology based [CWA § 304(b)] Technology based [CWA § 304(b)] – Water quality based [CWA § 303] Water quality based [CWA § 303]

CWA § 401 allows States to certify Federal Permits.CWA § 401 allows States to certify Federal Permits.Statutory Exclusions.Statutory Exclusions.– Vessels operating as a means ofVessels operating as a means of transportation beyond 3 transportation beyond 3

mile limit [CWA § 502(12)(B)]. mile limit [CWA § 502(12)(B)]. – Sewage from vessels or discharges incidental to the Sewage from vessels or discharges incidental to the

normal operation of vessels of the Armed Forces, within the normal operation of vessels of the Armed Forces, within the meaning of § 312 [CWA § 502(6)(A)]. meaning of § 312 [CWA § 502(6)(A)].

Current Vessel General PermitCurrent Vessel General Permit

National in scopeNational in scopeCovers 26 discharge types including ballast Covers 26 discharge types including ballast waterwaterRequires additional corrective action Requires additional corrective action assessments, recordkeeping, reporting, and assessments, recordkeeping, reporting, and monitoringmonitoringPursuant to CWA Pursuant to CWA § § 401, 28 States, Tribes, and 401, 28 States, Tribes, and Territories provided additional permit conditionsTerritories provided additional permit conditionsIs effective until December 19, 2013Is effective until December 19, 2013

VGP Ballast Water Requirements VGP Ballast Water Requirements

Incorporates Coast Guard mandatory Incorporates Coast Guard mandatory management and exchange requirementsmanagement and exchange requirementsVessels engaged in Pacific Nearshore Vessels engaged in Pacific Nearshore Voyages must conduct exchange greater Voyages must conduct exchange greater than 50 nm from the coastthan 50 nm from the coastMandatory saltwater flushing for Mandatory saltwater flushing for all vessels with residual ballast all vessels with residual ballast water and sediment (NOBOBs) water and sediment (NOBOBs) coming from outside the USEEZcoming from outside the USEEZ

VGP Ballast Water RequirementsVGP Ballast Water Requirements

If vessel is capable, must use shore-based If vessel is capable, must use shore-based treatment if available and economically treatment if available and economically practicable and achievablepracticable and achievable

Must conduct exchange as early as Must conduct exchange as early as practicablepracticable

Exchange/flushing requirements have a Exchange/flushing requirements have a safety exemption and do not mandate safety exemption and do not mandate diversion. diversion.

Ballast Water Treatment StandardsBallast Water Treatment Standards

EPA did not require numeric ballast water limits EPA did not require numeric ballast water limits in the 2008 VGP. Why not?in the 2008 VGP. Why not?– At the time of permit issuance (12/18/2008), EPA found treatment At the time of permit issuance (12/18/2008), EPA found treatment

technologies that could form the basis for such limits were not:technologies that could form the basis for such limits were not:““Available” and Available” and Economically achievable Economically achievable

– Lack of data meeting these tests as of permit issuance.Lack of data meeting these tests as of permit issuance.

Some states added numeric limits for their state Some states added numeric limits for their state waters pursuant to CWA 401 certification.waters pursuant to CWA 401 certification.The VGP does have significant additional ballast The VGP does have significant additional ballast water requirements which mitigate the threat of water requirements which mitigate the threat of ANS introduction (e.g., pacific coastal exchange, ANS introduction (e.g., pacific coastal exchange, national saltwater flushing requirements)national saltwater flushing requirements)

US EPA/Coast Guard CooperationUS EPA/Coast Guard Cooperation

Technology Evaluation and Technology Evaluation and

Development: ETV ProtocolsDevelopment: ETV Protocols USCG and EPA joint effortsUSCG and EPA joint efforts

EPA Environmental Technology Verification EPA Environmental Technology Verification Program (ETV) (EPA and USCG)Program (ETV) (EPA and USCG)– Represents more than 5 years of cooperation Represents more than 5 years of cooperation

between EPA and USCG.between EPA and USCG.– Developing protocols to reliable detect numbers of Developing protocols to reliable detect numbers of

living organisms between 10-50 um, and 50+ um in living organisms between 10-50 um, and 50+ um in ballast water discharges.ballast water discharges.

– Work over five years has substantially improved Work over five years has substantially improved methodologies.methodologies.

– Updated ETV protocols to be released in 2010.Updated ETV protocols to be released in 2010.

Technology Evaluation and Development:Technology Evaluation and Development:GLNPO GLRI fundingGLNPO GLRI funding

EPA understands and supports the immediate EPA understands and supports the immediate need to spur development of more effective need to spur development of more effective ballast water treatment technology. ballast water treatment technology. Preventing introduction of and eradication of Preventing introduction of and eradication of Invasive Species are one of the five major Invasive Species are one of the five major priority areas for funding through EPA’s Great priority areas for funding through EPA’s Great Lakes Restoration Initiative.Lakes Restoration Initiative.Significant funding committed to initiatives Significant funding committed to initiatives designed to result in more effective treatment of designed to result in more effective treatment of ballast water. ballast water.

Questions?Questions?