Disclaimer : Staff in the U. These FAQs do not substitute for standards and should not be interpreted to supersede the requirements of any regulations. In the event there is a perceived conflict between regulation language and these FAQs, the regulations govern. The VIDA also includes other related amendments to the Act for enforcement authority, the creation of a coastal aquatic invasive species mitigation grant program and mitigation fund, and a Great Lakes and Lake Champlain Invasive Species Program.
For ballast water, the proposed regulations would also apply to small vessels less than 79 feet in length and fishing vessels of all sizes. The new requirements will apply in waters of the United States, including inland waters, and waters of the contiguous zone, extending out 12 miles from shore.
This is similar to existing USCG ballast water regulations. Non-recreational, non-Armed Forces vessels less than 79 feet in length and fishing vessels of any size continue to be subject to existing ballast water discharge requirements only as established through the EPA VGP, the USCG ballast water regulations, and any other applicable state and local government requirements.
As such, the two agencies worked together closely to develop the proposed standards. The VIDA requires that the discharge standards be technology-based and in the form of numeric effluent limits, best management practices, or a combination of the two. In setting the standards, EPA can distinguish among classes, types, and sizes of vessels, and between new and existing vessels. However, the VIDA provides several mechanisms for states, working through EPA or the USCG, to seek and obtain more stringent requirements within state waters, including the establishment of no-discharge zones for one or more incidental discharges.
A new NOI is only required for new vessels or existing vessels to correct any mistakes or to update other information. Once the USCG regulations are final, effective, and enforceable, these forms will no longer be required, and vessels will solely need to comply with any applicable USCG reporting requirements. The VGP established effluent limits, sampling, inspection, reporting, recordkeeping, and other requirements for 27 specific types of incidental discharges from vessels.
Effective beginning on the date on which those new USCG regulations are final, effective, and enforceable, the requirements of the VGP shall have no force or effect. The law specifies that the permit cannot be modified during that time.
That law, among other things, both repealed the sVGP effective immediately and specified that other than ballast water, small vessels and commercial fishing vessels of all sizes do not require NPDES permit coverage for incidental discharges.
Vessels are not required to keep a paper copy of the Fishing Vessel Price In Philippines Airline VGP onboard the vessel; however, EPA recommends that a copy be available onboard each vessel for reference to ensure that vessel operators are aware of all requirements. This is especially important for vessels that may operate in waters where U. These records can be retained electronically if they are available in a form that can be read similar to a paper record, are legally dependable, and accessible to an inspector onboard the vessel as detailed in Part 4.
Those new USCG regulations are projected to be promulgated in late Part 5. If a vessel is a tank barge, then it must meet the requirements in Part 5. Empty or unmanned barges are typically still considered to be operating in a capacity as a means of transportation unless they have been removed from active service.
Unmanned or empty barges are treated the same as any other manned or loaded barge under the general permit, and thus are eligible to obtain the required NPDES permit coverage under the VGP. The NOI for the discharges from the barge must be submitted by a party with operational control over the barge.
If the barge owner meets the definition of "operator" of the barge in Appendix A of the VGP, the barge owner may submit the NOI for discharges from the barge. Under the NPDES regulations, if a vessel is owned by one person but is operated by another, it is the operator's duty to obtain a permit. For the purposes of the Vessel General Permit, an "operator" is any "party.
Therefore, any entity who meets this definition may submit an NOI for their vessel. Under many circumstances, the owner maintains operational control over their vessel's activities and thus may submit the NOI.
Note that in a situation where more than one party meets the definition of "operator" of the barge, only one of them need submit an NOI. An NOI is required for coverage under the VGP for these vessels if the vessel is more than gross tons or has a ballast water capacity of 8 cubic meters or more. Section 6 of the VGP describes additional state-specific limitations and monitoring requirements that apply to vessels.
Part 4. Rather, vessels can harmonize their recordkeeping practices, where appropriate, so that records are not unnecessarily duplicative. Recordkeeping technology is a rapidly changing field.
Many vessel operators are increasingly using electronic record keeping systems to create and maintain required records, using software, electronic forms and onboard computer terminals that collect and transmit data electronically to shoreside databases for collection and storage.
Given the foregoing, EPA considers records required under Part 4. See Part 2. The intent of this permit condition is to reduce the environmental impact of oily lubricant discharges on the aquatic ecosystem by increasing the use of EALs and maintaining all seals so that discharges do not result in quantities of oil that may be harmful.
The impact of lubricant discharges not accidental spills to the aquatic ecosystem is substantial. The majority of ocean-going ships operate with oil-lubricated stern tubes and use lubricating oils in many applications in on-deck and underwater submerged machinery.
Use of EALs results in discharges that biodegrade more quickly and that are less toxic than discharges from their traditional mineral oil counterparts. For all applications where lubricants are likely to enter the water, EAL formulations instead of mineral oils can offer significantly reduced environmental impacts across all applications.
EPA does not specifically require that a lubricant have received a label from one of the programs listed. EPA's DfE program is a voluntary labeling program that works in partnership with industry, environmental groups, and academia to reduce risk to people and the environment by finding ways to reduce or prevent pollution.
In addition, some vendors have either internal self-certification or are seeking other third party certifications. Products that are not included in one of these labeling programs but have been tested to sufficiently demonstrate compliance with the EAL definition in the VGP may also be used to meet permit requirements.
Oil-to-sea interfaces include any mechanical or other equipment on board a vessel where seals or surfaces may release quantities of oil and are subject to immersion in water. The VGP specifically identifies several types of equipment that have the potential for lubrication discharges from oil-to-sea interface, including:. In addition, there may be other types of equipment that could be considered an oil-to-sea interface that were not specifically mentioned in the VGP.
EPA does not consider on-deck equipment that comes into contact with rain, splashed with waves, wave-generated spray, or subject to icing to be a form of immersion, and therefore, not an oil-to-sea interface.
Vessel operators are not required to use EALs in on-deck machinery that is not subject to immersion. However, discharges from deck machinery are subject to other discharge requirements, such as those for Deck Washdown and Runoff Section 2. For information about the influence of seal designs on the definition of oil-to-sea interfaces, see the FAQ below regarding alternative seal designs.
For purposes of the EAL permit condition, technically infeasible means that no EAL products are approved for use in a given application that meet manufacturer specifications for that equipment, products which come pre-lubricated e. For some vessels it is necessary to wait until their next dry docking to replace their traditional oils with EALs.
In this case, use of EALs until that drydocking would not be technically feasible, but it would be technically feasible after their next drydocking. To demonstrate that it is technically infeasible, vessel operators must document in their recordkeeping documentation why they are unable to use an EAL until the next dry docking and report the use of non-EALs in their Annual Report see Part 2.
The vessel would then be required to change over lubricants in the next drydocking. Information about the use of EALs should be recorded and kept in a log on the vessel, consistent with the recordkeeping requirements in Part 4 of the VGP.
Vessel operators must document in their recordkeeping documentation either the EAL s they are using or why they are unable to use an EAL until the next dry docking and report the use of non-EALs in their Annual Report see Part 2. When assessing compliance with use of EALs, EPA could require documentation that lubricants used by the vessel either meet the approved labeling requirements or have undergone and met the requirements through independent testing.
This could include material safety data sheets MSDSs or other technical data sheets provided by the vendor that clearly document results of such labeling or testing. As required in Part 2. Additionally, they must report the use of a non-environmentally acceptable lubricant to EPA in their Annual Report. The information to be documented is intended to be simple, basic, and straightforward.
A general statement from makers of seals can be included as sufficient documentation. Technical infeasibility may also be determined if a class society determines EALs are not appropriate for a particular use or the vendor has not specified that EALs are appropriate for that piece of equipment.
The answer hinges on whether, with the installation of an alternative seal design, the stern tube or other equipment ceases being an oil-to-sea interface. A typical air seal or void space seal functions by having at least two independent sealing systems: one on the side of the seal facing oil, and one on the side of the seal facing water. An air chamber or void space in between these two seals creates a controlled "buffer zone" where any oil, lubricants, or water is collected for reuse or treatment.
These seal designs, when properly maintained and operated, may eliminate oil drips or leakage into surrounding waters. A stern tube seal using an alternative design that can fully eliminate the oily discharge would be much like a seawater lubricated stern tube in terms of having no potential for oily discharge and use of an EAL would not be required.
EPA cannot provide any type approval or "clean" endorsement that an alternative seal system would eliminate the discharge. In this instance, the resulting discharge of a non-EAL lubricant must be documented as noncompliance consistent with item 3 in Part 4. If such a discharge occurs due to an exceptional incident, that discharge may be considered an "upset" consistent with 40 CFR section An upset i. An upset does not include noncompliance to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
The permittee who has the burden of proof to demonstrate that an upset has occurred must have operational logs or other evidence that shows:. With respect to "proper notification" of an upset of an oil-to-sea interface, the notification requirement described in Part 4. Generally, no. Many existing vessels can use EALs which are compatible with their existing equipment. However, it might not be technically feasible for some existing vessels to use EALs with all existing equipment.
For these vessels, EPA does not require the vessels to install wholly new equipment so that they can use these more environmentally friendly lubricants.
However, if the mere maintenance of existing equipment is required before installing EALs e. EPA believes the use of EALs for new build vessels is less likely to be technically infeasible since new build vessels can select equipment during design and construction which is compatible with EALs. Seawater based systems or other alternatives are recommended for consideration in newly constructed vessels but are not required. The use of an EAL, regardless of the application, does not authorize the discharge of any lubricant in a quantity that may be harmful as defined in 40 CFR Part as these oils still cause many undesirable environmental impacts, though these impacts are potentially less severe than those caused from petroleum-based oils.
For purposes of section b 4 of the Act, discharges of oil in such quantities that the Administrator has determined may be harmful to the public health or welfare or the environment of the United States include discharges of oil that a Violate applicable water quality standards; or b Cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines see 40 CFR Part In this case, an EAL would be available from a different product supplier, and assuming its use is technically feasible, you would be expected to use it.
Although EPA does not require vessels to install wholly new equipment, the mere maintenance of existing equipment e. However, if there is not an available EAL that is approved for a given piece of existing equipment, its use would not be technically feasible and would not be required. Additionally, if the working life is reduced such that the product will not last until the vessels next drydocking, then EAL use may be technically infeasible.
The VGP requires targeted sampling and analytical monitoring for a subset of vessels covered by the permit. See table below for specific discharge requirements. Only applicable if discharging graywater into U.
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