Presentation on theme: "Vessel General Permit Compliance Guidance Manual Training"— Presentation transcript:
1 Vessel General Permit Compliance Guidance Manual Training Sarah K. BranchManager of Regulatory Affairs
2 Objectives of Training Provide a summary of the Vessel General Permit (VGP) and how it affects the industryWhat, Who, When, Where, & HowProvide an overview of the VGP Compliance Guidance ManualDemonstrate how to use the VGP Compliance Guidance Manual
4 Vessel General Permit Summary: What is the VGP? National Pollutant Discharge Elimination System (NPDES) permitIssued by the U. S. Environmental Protection Agency (USEPA) as a result of a Federal Court rulingEstablishes permit limits and conditions on 26 wastewater discharges incidental to the normal operation of vessels that were previously exempted by the USEPA
5 Vessel General Permit Summary: When is the VGP Effective? USEPA issued the VGP on December 19, 2008U.S. Federal Court extended the effective date 60 daysEPA published the Final VGP on February 6, 2009All vessels subject to coverage under VGP are subject to the compliance requirements and conditions as of February 19, 2009All vessels subject to VGP were automatically covered as of the VGP effective date.However…certain vessels must submit a Notice of Intent (NOI) between June 19 and September 19, 2009 to maintain coverage.While there is some question as to the effective day of Feb 6 or Feb 19, the VGP is effective now. Your program should be in place to meet VGP requirements now.You should have been following BMPs since Feb, which is why OMSA has provided you with a best faith guidance to assist with initial compliance.Certain vessels must submit NOI
6 Vessel General Permit Summary: What Vessels are Subject to the VGP? All non-recreational vessels 79 feet in length or longerExceptions include:Fishing vessels that do not discharge ballast waterVessels of the armed forcesBoth non-recreational vessels less than 79 feet in length and commercial fishing that discharge ballast water are covered under VGP for discharge of ballast water only.All vessels 79 feet or greater are required to comply with the VGP requirements (BMPs, recordkeeping, etc.).
7 Vessel General Permit Summary: Where Does the VGP Apply? Discharges to the waters of the United StatesInland waters such as rivers, lakes, streams, etcAlso includes Territorial Seas:defined as “the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of 3 nautical miles.”Discharges beyond the Territorial Seas are not regulated by the VGPAlthough discharges beyond the Territorial Seas (TS) are not regulated by the VGP, certain BMPs require actions beyond the limit of the TS (ie ballast water exchange, graywater discharges).Basically, EPA encourages discharges beyond the Territorial Seas
8 Vessel General Permit Summary: What are the Consequences? Any false statement, representation, or certification required by VGPFines ($10,000 per violation)Cease and desist ordersJail time (up to 6 months per violation)Any knowing falsification or rendering of inaccurate information, or tampering with any monitoring device or method required by VGPJail time (up to 2 years per violation)Repeat offenses after first convictionFines ($20,000 per day of violation)Jail time (up to 4 years per violation)If you don’t make a good-faith effort to implement a program to meet VGP requirements, here are some of the consequences that may be in store for you.A noncompliance is not necessarily a willful noncompliance. As long as the vessel takes necessary corrective action, these consequences above most probably would not apply.EPA will be working on an educational enforcement basis for 6 months from the compliance date of the VGP - Feb 19, 2009VGP compliance manual has been prepared to provide the means to develop a good faith program.
9 Vessel General Permit Summary: How Do You Comply with the VGP? Complete vessel assessmentVessel ClassNOI (if required)Covered DischargesChart Course for Vessel Specific ProgramKey factors to maintain complianceBest Management Practices (BMPs)RecordkeepingReportingVGP Compliance Guidance ManualDocumentation is key to demonstrate compliance!!VGP compliance manual provides a program for developing and retaining necessary documentation to demonstrate VGP compliance.
10 VGP Compliance Guidance Manual Overview Any questions on VGP?
11 VGP Compliance Guidance Manual Overview: VGP Compliance Manual Objectives Provide prescriptive program for self-implementing permitProvide sequential stepwise procedure for vessel specific programProvide a consistent reference basis for all OMSA membersDecipher EPA “jargon” into common usage termsStreamline process of vessel analysisVGP Manual was developed as part of a work group with OMSA members.Bullet 1 - VGP Compliance Manual is a sequential organization to promote comprehensive compliance for a particular vessel. It is a self implementing program that can be tailored to the operator’s needs. - For instance, a company may have 15 vessels, but they may not have the same specific requirements.Bullet 4 – identifies “must” vs. “recommended” requirements.
13 VGP Compliance Guidance Manual Overview: Section 1 – Introduction DisclaimerHow the manual is organizedExplanation of how to use the manualSummary of the VGPDisclaimer - Following the VGP manual probably would not preclude all violations of VGP. However, following the VGP manual will avoid willful violations by demonstrating a good faith program. This is a new program that affects a new industry in EPA’s eyes, so the VGP program is expected to change in the future as it is implemented.Manual is organized in a stepwise process to develop a vessel specific compliance program.
14 Notice of Intent (NOI) Applicability Types of Discharges VGP Compliance Guidance Manual Overview: Section 2 – Vessel Assessment FormVessel TypeNotice of Intent (NOI) ApplicabilityTypes of DischargesAdditional InformationCompleting the vessel assessment form directs the user to the applicable parts of the VGP manual that pertains to the user’s specific vessel. “Charting the Course”
15 Requirements Applicable to All Vessels Discharge Specific Requirements VGP Compliance Guidance Manual Overview: Section 3 – Permit RequirementsRequirements Applicable to All VesselsDischarge Specific RequirementsVessel Class Specific RequirementsState Specific Requirements
16 Toxic and Hazardous Materials Fuel Spills/Overflows VGP Compliance Guidance Manual Overview: Requirements Applicable to All VesselsMaterial StorageToxic and Hazardous MaterialsFuel Spills/OverflowsDischarges of Oil Including Oily MixturesCompliance with Other Statutes and RegulationsMaterial Storage – Properly store materials to avoid exposure to environmental elements to prevent discharge.Toxic & Haz Materials – Similar to material storage, ensure proper containment (sealed, labeled, and suitable for material being stored).Fuel Spills – Training requirements, controls and measures implemented to eliminate and/or minimize spills from fueling operationsDischarges of Oil /Oily Mixtures – If subject to MARPOL vessel must have IOPP certificate. Discharges limited to less than 15 ppm (no visible sheen)Compliance w/Other Statutes and Regs – Many regs overlap VGP requirements, VGP does not alleviate the need to comply with other regulations.
17 VGP Compliance Guidance Manual Overview: Discharge Specific Requirements Deck Washdown and Runoff and Above Water Line Hull CleaningBilgewaterBallast WaterAnti-Fouling Hull CoatingsAqueous Film Forming Foam (AFFF)Boiler/Economizer BlowdownCathodic ProtectionChain Locker EffluentControllable Pitch Propeller and Thruster Hydraulic Fluid and Other Oil to Sea Interfaces…Distillation and Reverse Osmosis BrineElevator Pit EffluentFiremain SystemsFreshwater LayupGas Turbine Wash WaterGraywaterMotor Gasoline and Compensating DischargeNon-Oily Machinery WastewaterRefrigeration and Air Condensate DischargeSeawater Cooling Overboard DischargeSeawater Piping Biofouling PreventionBoat Engine Wet ExhaustSonar Dome DischargeUnderwater Ship Husbandry DischargesWelldeck DischargesGraywater Mixed with Sewage from VesselsExhaust Gas Scrubber Washwater DischargesNot all discharges apply to every vessel – Important to complete Vessel Assessment Form to identify applicable dischargesDeck washdown will apply to all vessels (includes rain, wave overspray, etc)
18 VGP Compliance Guidance Manual Overview: Discharge Vessel Class Specific Requirements Large Cruise Ships (N/A to OMSA)Medium Cruise Ships (N/A to OMSA)Large Ferries (N/A to OMSA)BargesOil or Petroleum TankersResearch VesselsEmergency Vessels (Fire Boats, Police Boats)Vessels Employing Experimental Ballast Water Treatment SystemsFrom this point forward, we will focus on the VGP requirements for typical OMSA vessels only.Your vessel may be subject to more than one class specific requirement. For instance tankers may have experimental ballast.Research vessels do not include vessels used to harvest or produce for sale any mineral or living resources collected during their voyages. (ie seismic vessels)
19 VGP Compliance Guidance Manual Overview: State Specific Requirements Additional permit limits and conditions established by individual US states upon approval of the VGP under CWAAdditional conditions only apply within waters under the jurisdiction of the applicable State28 US States, Territories, and Indian Tribal Lands approved the VGP with additional conditionsStates of Interest – FL, CA, HI, NY27 US States approved the VGP without additional conditionsGulf Coast States – TX, LA, MS, & ALUnder CWA, US States have the option to make requirements more stringent.FL requirements – dissolved or emulsified oil & grease < 5mg/L not 15 mg/L
21 VGP Compliance Guidance Manual Overview: Applicability Forms Notice of Intent (NOI)Vessels equal to or greater than 300 gross tons and/orBallast tank capacity of 8 cubic meters or moreNotice of Termination Form (NOT)Only apply for those vessels that have submitted an NOINew owner has taken over vesselPermanently ceased vessel operationsObtained coverage for all discharges under another separate NPDES permitThese are forms subject to the Notice of Intent (NOI) applicability requirements.You may never actually discharge 8 cubic meters of ballast, but if your vessel has the capacity to hold 8 cubic meters of ballast - then you’re in.If NOT is submitted, you must maintain all records of VGP compliance documentation for a minimum of 3 years. This includes, NOI, NOT, logs, reports.
22 VGP Compliance Guidance Manual Overview: Recordkeeping/Inspections/Logs Owner/Vessel InformationRoutine Visual InspectionQuarterly Visual InspectionComprehensive Annual Vessel InspectionDry Dock InspectionBarge/ Tanker Supplemental InspectionBallast Water Discharge RecordkeepingExperimental Ballast Water Treatment SystemCorrective ActionVoyage LogMaintenance LogDischarge LogTraining LogKey to compliance is documentation. These are areas where documentation is required.Note – if your vessel is already meeting these documentation requirements, you can continue to use the same logs for VGP compliance.
23 VGP Compliance Guidance Manual: Reporting Annual Non-Compliance ReportSpill/Release ReportOne Time Permit ReportDischarge Monitoring ReportUnder the VGP spills are required to be reported to the EPA, in addition to the NRC.One Time Report – Due between 30 and 36 months after effective date of permit.Discharge monitoring report – only applicable to vessels with experimental ballast
24 VGP Compliance Guidance Manual: Appendices to VGP Compliance Manual Appendix A: Final Vessel General Permit (version 2/5/09)Appendix B: NOI DocumentationAppendix C: Completed Recordkeeping Forms/DocumentsAppendix D: Completed ReportsAppendix E: Ballast Water Management Plan(s)Appendices provide a consolidated location to store completed forms and documentation.
26 How To Use the VGP Compliance Guidance Manual: Step 1 - Complete Vessel Assessment Form
27 How To Use the VGP Compliance Guidance Manual: Step 2 – Determine Additional Vessel Specific Requirements
28 How To Use the VGP Compliance Guidance Manual: Step 3 – Complete BMP Information for Each Applicable Discharge
29 NOI form should be available in June 2009 How To Use the VGP Compliance Guidance Manual: Step 4 – Complete Applicable FormsNotice of Intent (NOI)NOI form should be available in June 2009Electronic submittal via eNOI System-Existing vessels must submit by September 19, 2009 to maintain authorizationVGP authorization after September 19, 2009 for vessels required to submit an NOI will take at least 30 days to become effectiveOwnership transfersNew vessels constructed after September 19, 2009Existing vessels that have not obtained authorizationEmphasize obtaining NOI by September 19, if required. If not submitted by due date, the vessel will be in violation of VGP. Also will not be able to operate for at least 30 days after submittal of NOI.
30 How To Use the VGP Compliance Guidance Manual: Example Routine Visual Inspection Form
31 How To Use the VGP Compliance Guidance Manual: Example Barge/Tanker Supplemental Inspection Form
32 How To Use the VGP Compliance Guidance Manual: Example Corrective Action Form – Fuel Spill
33 How To Use the VGP Compliance Guidance Manual: Example Spill/Release Report Notify appropriate EPA Region verbally within 24 hours of spill event exceeding Reportable Quantity (RQ) of hazardous substance or oil.Submit written notification to appropriate EPA Region within 5 days
34 How To Use the VGP Compliance Guidance Manual: Example Maintenance Log
35 How To Use the VGP Compliance Guidance Manual: Example Training Log
36 How To Use the VGP Compliance Guidance Manual: Example Dry Dock Inspection Form Sarah – is there an appropriate event that can be identified during routine inspection that can be linked to repairs during drydock.
37 How To Use the VGP Compliance Guidance Manual: Example Annual Non-Compliance Report No specific format for annual report. Should also accompany a cover letter.
38 Owner/Vessel Information Form Quarterly Visual Inspection Form How To Use the VGP Compliance Guidance Manual: Other Required Records and ReportsOwner/Vessel Information FormQuarterly Visual Inspection FormComprehensive Annual Vessel Inspection FormBallast Water Discharge Recordkeeping FormExperimental Ballast Water Treatment System FormVoyage LogDischarge LogOne Time ReportDischarge Monitoring ReportAlthough this presentation includes examples to complete certain forms to demonstrate how the VGP manual works, not all the forms in the VGP manual have been addressed.The above listed forms must also be completed and documented, if applicable to your vessel.