1. Vessel General Permit Compliance Guidance Manual Training
Sarah K. Branch
Manager of Regulatory Affairs

2. Objectives of Training
Provide a summary of the Vessel General Permit (VGP) and how it affects the industry
What, Who, When, Where, & How
Provide an overview of the VGP Compliance Guidance Manual
Demonstrate how to use the VGP Compliance Guidance Manual

3. Vessel General Permit Summary

4. Vessel General Permit Summary: What is the VGP?
National Pollutant Discharge Elimination System (NPDES) permit
Issued by the U. S. Environmental Protection Agency (USEPA) as a result of a Federal Court ruling
Establishes 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, 2008
U.S. Federal Court extended the effective date 60 days
EPA published the Final VGP on February 6, 2009
All vessels subject to coverage under VGP are subject to the compliance requirements and conditions as of February 19, 2009
All 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 longer
Exceptions include:
Fishing vessels that do not discharge ballast water
Vessels of the armed forces
Both 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 States
Inland waters such as rivers, lakes, streams, etc
Also 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 VGP
Although 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 VGP
Fines ($10,000 per violation)
Cease and desist orders
Jail 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 VGP
Jail time (up to 2 years per violation)
Repeat offenses after first conviction
Fines ($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, 2009
VGP 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 assessment
Vessel Class
NOI (if required)
Covered Discharges
Chart Course for Vessel Specific Program
Key factors to maintain compliance
Best Management Practices (BMPs)
Recordkeeping
Reporting
VGP Compliance Guidance Manual
Documentation 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 permit
Provide sequential stepwise procedure for vessel specific program
Provide a consistent reference basis for all OMSA members
Decipher EPA “jargon” into common usage terms
Streamline process of vessel analysis
VGP 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.

12. Section 1 - Introduction Section 2 - Vessel Assessment Form
VGP Compliance Guidance Manual Overview: VGP Compliance Manual Organization
Section 1 - Introduction
Section 2 - Vessel Assessment Form
Section 3 - Permit Requirements
Section 4 - Forms and Instructions
Section 5 - Appendices

13. VGP Compliance Guidance Manual Overview: Section 1 – Introduction
Disclaimer
How the manual is organized
Explanation of how to use the manual
Summary of the VGP
Disclaimer - 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 Form
Vessel Type
Notice of Intent (NOI) Applicability
Types of Discharges
Additional Information
Completing 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 Requirements
Requirements Applicable to All Vessels
Discharge Specific Requirements
Vessel Class Specific Requirements
State Specific Requirements

16. Toxic and Hazardous Materials Fuel Spills/Overflows
VGP Compliance Guidance Manual Overview: Requirements Applicable to All Vessels
Material Storage
Toxic and Hazardous Materials
Fuel Spills/Overflows
Discharges of Oil Including Oily Mixtures
Compliance with Other Statutes and Regulations
Material 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 operations
Discharges 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 Cleaning
Bilgewater
Ballast Water
Anti-Fouling Hull Coatings
Aqueous Film Forming Foam (AFFF)
Boiler/Economizer Blowdown
Cathodic Protection
Chain Locker Effluent
Controllable Pitch Propeller and Thruster Hydraulic Fluid and Other Oil to Sea Interfaces…
Distillation and Reverse Osmosis Brine
Elevator Pit Effluent
Firemain Systems
Freshwater Layup
Gas Turbine Wash Water
Graywater
Motor Gasoline and Compensating Discharge
Non-Oily Machinery Wastewater
Refrigeration and Air Condensate Discharge
Seawater Cooling Overboard Discharge
Seawater Piping Biofouling Prevention
Boat Engine Wet Exhaust
Sonar Dome Discharge
Underwater Ship Husbandry Discharges
Welldeck Discharges
Graywater Mixed with Sewage from Vessels
Exhaust Gas Scrubber Washwater Discharges
Not all discharges apply to every vessel – Important to complete Vessel Assessment Form to identify applicable discharges
Deck 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)
Barges
Oil or Petroleum Tankers
Research Vessels
Emergency Vessels (Fire Boats, Police Boats)
Vessels Employing Experimental Ballast Water Treatment Systems
From 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 CWA
Additional conditions only apply within waters under the jurisdiction of the applicable State
28 US States, Territories, and Indian Tribal Lands approved the VGP with additional conditions
States of Interest – FL, CA, HI, NY
27 US States approved the VGP without additional conditions
Gulf Coast States – TX, LA, MS, & AL
Under CWA, US States have the option to make requirements more stringent.
FL requirements – dissolved or emulsified oil & grease < 5mg/L not 15 mg/L

20. Recordkeeping/Inspections/Logs Reporting
VGP Compliance Guidance Manual Overview: Section 4 – Forms & Instructions
Applicability
Recordkeeping/Inspections/Logs
Reporting

21. VGP Compliance Guidance Manual Overview: Applicability Forms
Notice of Intent (NOI)
Vessels equal to or greater than 300 gross tons and/or
Ballast tank capacity of 8 cubic meters or more
Notice of Termination Form (NOT)
Only apply for those vessels that have submitted an NOI
New owner has taken over vessel
Permanently ceased vessel operations
Obtained coverage for all discharges under another separate NPDES permit
These 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 Information
Routine Visual Inspection
Quarterly Visual Inspection
Comprehensive Annual Vessel Inspection
Dry Dock Inspection
Barge/ Tanker Supplemental Inspection
Ballast Water Discharge Recordkeeping
Experimental Ballast Water Treatment System
Corrective Action
Voyage Log
Maintenance Log
Discharge Log
Training Log
Key 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 Report
Spill/Release Report
One Time Permit Report
Discharge Monitoring Report
Under 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 Documentation
Appendix C: Completed Recordkeeping Forms/Documents
Appendix D: Completed Reports
Appendix E: Ballast Water Management Plan(s)
Appendices provide a consolidated location to store completed forms and documentation.

25. How To Use the VGP Compliance Guidance Manual

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 Forms
Notice of Intent (NOI)
NOI form should be available in June 2009
Electronic submittal via eNOI System-
Existing vessels must submit by September 19, 2009 to maintain authorization
VGP authorization after September 19, 2009 for vessels required to submit an NOI will take at least 30 days to become effective
Ownership transfers
New vessels constructed after September 19, 2009
Existing vessels that have not obtained authorization
Emphasize 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 Reports
Owner/Vessel Information Form
Quarterly Visual Inspection Form
Comprehensive Annual Vessel Inspection Form
Ballast Water Discharge Recordkeeping Form
Experimental Ballast Water Treatment System Form
Voyage Log
Discharge Log
One Time Report
Discharge Monitoring Report
Although 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.