EPA Ballast Water Activities

1. EPA Ballast Water Activities Ryan Albert 12/09/2009

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

3. The CWA Requirements • Vessels must have a CWA § 402 NPDES permit to discharge legally. • Effluent Limits are required by CWA § 301(b). • Technology based [CWA § 304(b)] • Water quality based [CWA § 303] • CWA § 401 allows States to certify Federal Permits. • Statutory Exclusions. • Vessels operating as a means oftransportation beyond 3 mile limit [CWA § 502(12)(B)]. • Sewage from vessels or discharges incidental to the normal operation of vessels of the Armed Forces, within the meaning of § 312 [CWA § 502(6)(A)].

4. Current Vessel General Permit • National in scope • Covers 26 discharge types including ballast water • Requires additional corrective action assessments, recordkeeping, reporting, and monitoring • Pursuant to CWA § 401, 28 States, Tribes, and Territories provided additional permit conditions • Is effective until December 19, 2013 VGP

5. VGP Ballast Water Requirements • Incorporates Coast Guard mandatory management and exchange requirements • Vessels engaged in Pacific Nearshore Voyages must conduct exchange greater than 50 nm from the coast • Mandatory saltwater flushing for all vessels with residual ballast water and sediment (NOBOBs) coming from outside the USEEZ

6. VGP Ballast Water Requirements • If vessel is capable, must use shore-based treatment if available and economically practicable and achievable • Must conduct exchange as early as practicable • Exchange/flushing requirements have a safety exemption and do not mandate diversion.

7. Ballast Water Treatment Standards • EPA did not require numeric ballast water limits in the 2008 VGP. Why not? • At the time of permit issuance (12/18/2008), EPA found treatment technologies that could form the basis for such limits were not: • “Available” and • Economically achievable • Lack of data meeting these tests as of permit issuance. • Some states added numeric limits for their state waters pursuant to CWA 401 certification. • The VGP does have significant additional ballast water requirements which mitigate the threat of ANS introduction (e.g., pacific coastal exchange, national saltwater flushing requirements)

8. US EPA/Coast Guard Cooperation • Regulatory and Permit Activities • Technologies and Technology Evaluation • Water Quality Protection • VGP Compliance Assistance/Enforcement

9. Technology Evaluation and Development: ETV ProtocolsUSCG and EPA joint efforts • EPA Environmental Technology Verification Program (ETV) (EPA and USCG) • Represents more than 5 years of cooperation between EPA and USCG. • Developing protocols to reliable detect numbers of living organisms between 10-50 um, and 50+ um in ballast water discharges. • Work over five years has substantially improved methodologies. • Updated ETV protocols to be released in 2010.

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

11. Questions?