section 5 8 of final vgp

8/12/2019 Section 5 8 of Final VGP

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Vessel General Permit (VGP) Version 2/5/2009

5.7.1 Supplemental Authorized DischargesIn addition to the discharges incidental to the normal operation of a vessel authorized

elsewhere in this permit, vessel owner/operators of emergency vessels are authorized to

discharge waste streams in conjunction with training, testing, and maintenance operations,

provided that they comply with all additional requirements of the Clean Water Act (e.g. section311) and the National Contingency Plan (40 CFR 300). This section does not relieve vessel

operators of any additional responsibilities under the CWA and the National Contingency Planwhich prohibits the discharge of oil for research or demonstration purposes without

Administrator approval. The use of foaming agents for oil or chemical fire response must be

implemented in accordance with the National Contingency Plan (40 CFR 300).

5.7.2 Additional Effluent LimitsOwner/Operators are strongly encouraged to seek alternative formulations of AFFF that

are less harmful to the aquatic environment, such as non-fluorinated foam, while maintainingtheir effectiveness in emergency operations. Furthermore, operators are encouraged to not use

AFFF or discharge toxic substances in areas near active commercial or recreational fisheries,near swimmable waters, or in high traffic areas for maintenance or training purposes. Emergencyvessel owner/operators are also encouraged to perform training, testing, and maintenance

operations outside of port and as far from shore as possible. The use of foaming agents for oil or

chemical fire response, and the control of their discharge from a vessel, must be implemented in

accordance with the National Contingency Plan (40 CFR 300).

5.8 Vessels Employing Experimental Ballast Water Treatment SystemsFor the purposes of this first-iteration permit only, any vessel employing a ballast

treatment system which uses biocides to treat organisms in the ballast water is considered

experimental.

The requirements in Part 5.8 apply to ballast water discharges from vessels employing

experimental ballast water treatment systems that make use of biocides.

5.8.1 Authorization of Residual Biocides Associated with Experimental Ballast WaterTreatment Systems

Some experimental ballast water treatment systems produce or use biocides as an agent to

reduce living organisms present in the ballast water tank. In order to be eligible for coverage

under this permit, any ballast water technology must not use any biocide that is a pesticide

within the meaning of the Federal Insecticide, Fungicide, Rodenticide Act (7 U.S.C 136 etseq.) unless that biocide has been registered for use in ballast water treatment under such Act.

The requirement in the preceding sentence does not apply if such biocide is generated solely by

the use of a device, as that term is defined in the Federal Insecticide, Fungicide, andRodenticide Act, on board the same vessel as the ballast water to be treated by the biocide. In

addition, if the ballast water treatment system uses or generates biocides and you will discharge

ballast water treated with biocides into waters subject to this permit, you must meet one of thefollowing conditions to be eligible for permit coverage:

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5.8.1.1 Analytical Monitoring

The discharge of Total Residual Chlorine (TRC) as a biocide or derivative may not

exceed 100 micrograms per liter (g/l) as an instantaneous maximum. Any other biocides or

derivatives may not exceed acute water quality criteria listed in EPAs 1986 Quality Criteria forWater [the Gold Book], and any subsequent revision, at the point of ballast water discharge. The

Gold Book can be found at: www.epa.gov/waterscience/criteria/library/goldbook.pdf. Tables

summarizing the subsequent revisions can be found at:http://www.epa.gov/waterscience/criteria/wqctable/index.html. Discharges of biocide residuals

or derivatives must also meet monitoring requirements under Part 5.8.2.1, and reporting and

recordkeeping requirements in Part 5.8.3.

5.8.1.2 WET testing

The permittee shall conduct whole effluent toxicity (WET) testing on samples of the

discharges from shipboard ballast water treatment systems to establish and annually verify theappropriateness of methods for treating ballast water with biocides lacking EPA Water Quality

Criteria or known to produce chemical biocides or derivatives lacking EPA Water QualityCriteria.

The procedures for such WET testing are set forth in Part 15 (Appendix J) of this permit.

The annual verification testing must demonstrate, for each organism tested, that the WET in theballast water discharges, without allowance for mixing, does not exceed a chronic toxicity of 1.6

TUc as a daily maximum or 1.0 TUc as a monthly median.

If the toxicity of the treatment system results in a discharge which exceeds 1.0 TUc as a

monthly median or 1.6 TUc as a daily maximum, EPA may require the owner/operator to ceasedischarging from the treatment system until they obtain coverage under an individual NPDES

permit.

5.8.2 Monitoring Requirements

5.8.2.1 Residual Biocide or Derivative Monitoring

For vessels subject to Part 5.8.1.1, above: you must conduct monitoring of the vessel

ballast water discharge for any residual biocides or derivatives used in the treatment process todemonstrate compliance with the conditions in Part 5.8.1.1. For instance, if chlorine is the

biocide used in the ballast water treatment, you must test for chlorine in the vessel ballast water

discharge to see if it complies with the standards in Part 5.8.1.1. If there are no Part 136 test

methods for the residual biocide or derivatives of the residual biocide, you must comply withPart 5.8.1.2 or seek coverage under an individual NPDES permit pursuant to Part 1.8 of this

permit. In order to demonstrate that residual biocides or derivatives are in compliance with this

permit, the vessel operator initially must take at least five (5) samples on different days over a90-day period that are representative of the treated ballast water discharge. Each sample must be

tested independently and the individual results must be reported and not averaged. Samples must

be tested as soon as possible after sampling, and may not be held longer than recommended foreach tested constituent as given in 40 CFR Part 136. Sampling and testing shall be conducted

according to 40 CFR Part 136.

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Records of monitoring information shall include:

The date, exact place, and time of sampling or measurements, The individual(s) who performed the sampling or measurements, The date(s) analyses were performed, The individual(s) who performed the analyses, The analytical techniques or methods used, and The results of such analyses.

Thereafter, you must conduct maintenance sampling and analysis at least quarterly (4

times per year) of the vessel ballast water discharge in order to demonstrate continued

compliance with the standards in Part 5.8.1.1. If any of the initial or maintenance samples exceedthe standards specified in Part 5.8.1.1, then the owner/operator must immediately undertake steps

necessary to achieve compliance and take and submit samples demonstrating such compliance.

5.8.2.2 Whole Effluent Toxicity (WET) monitoring

For vessels subject to 5.8.1.2, above: you must initially conduct whole effluent toxicity

(WET) testing consistent with Part 15 (Appendix J) of this permit using samples from the ballast

water treatment system at the end of pipe for assessing the environmental safety of the resultingballast water discharges. Two sets of WET tests must be done as set forth in Part 15 of this

permit (Appendix E) using different ballast water discharge events separated by at least no less

than 14 days, for initial testing followed by annual verification testing for each year of permit

coverage. Initial WET testing must be done in the first 90 days of permit coverage or the first 90days of using the ballast water treatment system after permit issuance.

Thereafter, you must conduct maintenance sampling and analysis at least once per year of

the vessel ballast water discharge in order to demonstrate continued compliance with the

standards in Part 5.8.1.2. If any of the initial or maintenance samples exceed the standardsspecified in Part 5.8.1.2, then the owner/operator must immediately undertake steps necessary to

achieve compliance and take and submit samples demonstrating such compliance.

5.8.3 Recordkeeping and Reporting Requirements

Records of the sampling and testing results must be retained onboard for a period of 3

years in the vessels recordkeeping documentation.

You must submit your monitoring data to EPA HQ, Attn: Ballast Water TreatmentSystem Test Results -Mail Code 4203M, 1200 Pennsylvania Ave., Washington DC 20460 at

least once per year. For systems already in use as of the effective date of this permit, initial

sampling data must be submitted within 6 months of this permits effective date. For systems

which are not already in use as of the effective date of this permit, initial sampling data must besubmitted within 6 months of the systems first use. Maintenance monitoring data must be

submitted at least once per year within 30 days of the final sample collection. Data must be

submitted on Discharge Monitoring Reports available in Appendix I of this permit or submitted

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to EPAs e-reporting system available at www.epa.gov/npdes/vessels/eNOI, which will be

available within two years of finalization of this permit.

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section 5 8 of final vgp

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