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Program Development

Picture from Inside VesselEPA is beginning research and development of the next Vessel General Permit. The current VGP expires on December, 19, 2013. EPA proposed a new VGP on November 30, 2011 and expects a final 2013 VGP to be issued by March 15, 2013, with an effective date of December 19, 2013.

Studies to Improve Our Understanding of Ballast Water Discharges

In order to better inform EPA's understanding of ballast water discharges, the Agency jointly commissioned two scientific studies with the United States Coast Guard (USCG).

The first study was led by the National Academy of Sciences National Research Council (NAS). As background for that study, EPA and United States Geological Survey (USGS) researchers prepared a background paper titled Density Matters (PDF) (131 pp, 1.29MB) for the NAS committee's use. EPA and the USCG requested the study to inform their efforts to derive environmentally protective numeric ballast water discharge limits under their respective regulatory programs. The report recommends, as a first step, that a benchmark discharge standard should be established that clearly reduce concentrations of coastal organisms below current levels. In the report, the NAS has also identified the strengths and weaknesses of existing approaches to evaluating risk from ballast water discharges and made recommendations on how to improve our future scientific understanding of this risk. To view a copy of the report, please visit the NAS website at http://www.nap.edu/catalog.php?record_id=13184  Exit EPA Site or click here (PDF) (135 pp, 2.46MB).

The second study was led by EPA's Science Advisory Board (SAB).  This study evaluated the status of ballast water treatment technologies.  As part of this study, EPA and USCG staff prepared a white paper (PDF) (77 pp, 1.03MB) presenting key issues and background regarding ballast water treatment technology.  On July 12,2011, the chartered SAB committee released the final SAB report titled Efficacy of Ballast Water Treamtent Systems: a Report by the EPA Science Advisory Board (PDF) (154 pp, 1.26MB). The SAB found that systems currently exist to meet the International Maritime Organization (IMO) standard, and some of those systems may achieve a limit 10 times the IMO standard. However, due to the detection limitations of current monitoring technology and approaches, the SAB could not definitively determine whether systems could meet this more stringent limit. The SAB also found it unlikely that treatment systems, which attain a limit of 100 times or 1000 times more stringent than IMO standards, exist today. Documents made available to the board can be found by going to www.regulations.gov  Exit EPA Site and searching for docket number EPA-HQ-OW-2010-0582. EPA's response to this study is attached here (PDF) (4 pp, 183KB).

Information from both the NAS and SAB reports will be considered by EPA in developing appropriate ballast water limits in the next Vessel General Permit (VGP).

VGP Settlement Agreements

EPA has reached settlement (PDF) (39 pp, 2.95MB) with several environmental groups and the State of Michigan regarding their legal challenge to the VGP. Highlights of the settlement include the following:

  • EPA agreed to include in the next Draft VGP numeric concentration-based effluent limits for discharges of ballast water expressed as organisms per unit of ballast water volume. The current VGP, issued in 2008, includes a full suite of best management practices for ballast water discharges that reflect the best available technology at the time of permit issuance. Click here for more details about the current VGP's ballast water discharge requirements.
  • The agreement calls for EPA to propose the next draft VGP by November 30, 2011, and issue the final VGP by November 30, 2012, a full year before the current permit is scheduled to expire. Issuing the permit well in advance of the current permit's expiration will provide the regulated community with time to familiarize itself with the new permit and take appropriate measures to come into compliance with new requirements.
  • EPA agreed to take several actions to improve the VGP CWA section 401 certification process.
  • The settlement agreement has been modified to extend the date for issuing the final VGP to March 15, 2013.
Environmental Technology Verification (ETV) Protocol for Ballast Water Treatment Technology

EPA recently finalized new ETV protocols for sampling ballast water discharges from land based testing facilities titled Generic Protocol for the Verification of Ballast Water Treatment Technology. The ETV program verifies the performance of innovative technologies that have the potential to improve protection of human health and the environment. This protocol was developed under a collaboration between EPA and the United States Coast Guard (USCG).

Opportunity for Public Input on the Current VGP

EPA hosted a listening session on December 15, 2010 to seek the views of the interested public on requirements currently listed in the 2008 VGP and any changes or additions recommended for the next VGP. The listening session served as an additional opportunity for the public to comment or provide relevant information for development of the next VGP. Please see this Federal Register notice (PDF) (3 pp, 153KB) announcing the listening session for more information. All comments submitted by the public are available at www.regulations.gov  Exit EPA Site and can be found under docket number "EPA-HQ-OW-2010-0828".

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Last updated on January 17, 2013 8:44 AM
URL:http://cfpub.epa.gov/npdes/vessels/programdevelopment.cfm