PREMUDA SPA COMPANY INFORMATION N. 4/2013 SAFETY/QUALITY/ENVIROMENT MANAGEMENT

Transcription

1 PREMUDA SPA COMPANY INFORMATION N. 4/2013 SAFETY/QUALITY/ENVIROMENT MANAGEMENT Genoa, May 07, 2013 To: ALL VESSELS Subject: 2013 Vessel General Permit (VGP) The 2008 Vessel General Permit (VGP) regulates discharges incidental to the normal operation of vessels operating in a capacity as a means of transportation in US Waters. The 2008 VGP has a five year term and is set to expire on December 18, On March 28, 2013, the EPA published the 2013 VGP that will replace the 2008 VGP and come into effect on December 19, Vessels that have active permit coverage under the 2008 VGP will need to submit an enoi no later than December 12, 2013 to maintain uninterrupted coverage under the 2013 VGP, which goes into effect on December 19, Additional details are available into enclosed attachments. Further information will be provided as soon Company will undertake actions to comply with new regulation. Thanking for attention, Best regards Premuda S.p.A. SQE Dept. A. Pittaluga

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3 Clean Water Act Authority Until February 6, 2009, there was a regulatory exemption from NPDES permitting of discharges incidental to the normal operation of a vessel. Due to court order, this exemption was vacated. As a result, certain vessels are required to have a 402 Clean Water Act NPDES permit to discharge legally since that date.

4 EPA NPDES VGP The EPA NPDES Vessel General Permit (VGP) regulates discharges incidental to the normal operation of commercial vessels while operating as a means of transportation The 2008 VGP has a permit term of five (5) years and expires on December 18, 2013 The 2013 EPA NPDES VGP is effective December 19, 2013 Covered vessels must submit an enoi no later than December 12, 2013 for uninterrupted coverage or At least seven (7) days prior to discharging in waters covered by the permit

5 Vessels Eligible For Coverage Commercial vessels greater than 79 feet in length or Commercial vessels greater than 300 gross ton or Commercial vessels with a ballast water capacity of 8m 3 or more

6 Vessels Not Eligible For Coverage This permit does not apply to any vessel when it is operating in a capacity other than as a means of transportation. Commercial Fishing Vessels have an exclusion until December 18, 2014 except for ballast water if applicable Recreational vessels as defined in section 502(25) of the CWA are not subject to this permit. When not carrying paying passengers in waters subject to the permit they are not considered to be conducting commercial operations.

7 Limitations on Coverage Discharges not covered by the 2013 VGP: Sewage Used or spent oil Garbage or trash Photo-processing effluent Medical wastes Noxious liquid substance residues Effluent from dry cleaning operations containing tetrachloroethylene (perchloroethylene) and Trichloroethylene (TCE) Degreasers

8 VGP Effluent Limits & Related Requirements Technology-Based Effluent Limits applicable to all vessels Technology-Based Effluent Limits for 27 specific discharge types Water Quality-based Effluent Limits (WQBELs)

9 Technology-Based Effluent Limits Five effluent limits apply to all vessels: Material Storage Toxic and Hazardous Materials Fuel Spills and Overflow Discharges of Oil and Oily Mixtures Compliance with other Regulations and Statutes

10 Discharge-Specific Effluent Limits 27 discharges identified, each with at least one BMP associated with the discharge. Some of the primary discharges common to most vessels are: Deck Wash Down / Runoff and Above Water Line Hull Cleaning Bilgewater Ballast Water Anti-foulant Hull Coatings Oil to Sea Interfaces Graywater

11 2.2.1 Deck Wash Down and Runoff Vessels must minimize the introduction of on-deck debris, garbage, residue, and spill into deck washdown and runoff discharges. The presence of floating solids, visible foam, halogenated phenol compounds, and dispersants, or surfactants in deck washdowns must be minimized. Must minimize deck washdowns while in port. If deck washdowns or above water line hull cleaning will result in a discharge, they must be conducted with minimally-toxic and phosphate free cleaners and detergents as defined in Appendix A of this permit. Cleaners and detergents should not be caustic and must be biodegradable.

12 2.2.2 Bilgewater May not use dispersants, detergents, emulsifiers, chemicals, or other substances that remove the appearance of a visible sheen in their bilgewater discharges. Unless technologically infeasible to do so or required for safety and stability, vessels greater than 400 gross tons which leave waters subject to this permit shall not discharge bilgewater into waters: within 1 nm of shore or between 1 and 3 nm unless sailing at least 6 knots and not in conserved waters listed in Appendix G Discharges must not cause a visible sheen or otherwise be in a quantity that may be harmful. Oil in discharges that may be harmful is a defined term in Clean Water Act regulations and this permit as greater than 15ppm

13 Bilgewater Monitoring New Build vessels built after December 19, 2013 greater than 400 gross tons that may discharge bilgewater into waters subject to this permit must monitor (i.e., sample and analyze) their bilgewater effluent at least once a year for oil and grease content. That monitoring can be conducted as part of the vessel s annual survey.

14 Monitor Reporting For those vessels for which monitoring must be conducted, analytical and corresponding OCM monitoring data must be submitted at least once per calendar year no later than February 28 of the year after the data are collected. Data may be submitted as part of the vessel s annual report

15 2.2.3 Ballast Water Incorporates the new Coast Guard BWDS regulations 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 US EEZ (200 miles)

16 2.2.3 Ballast Water Continued 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 but must be documented Reopener clause in the permit to allow for inclusion of a more stringent standard if appropriate before permit reissuance in 5 years

17 2.2.4 Anti-foulant Hull Coatings No coatings may contain any materials banned for use in the United States and are subject to FIFRA (if produced for sale or distribution in the United States) At time of reapplication, must give consideration for biocide with lowest release rate, as appropriate If you spend more than 30 days in copper impaired waters, you must consider non-copper based alternatives If you still use copper-based biocide, must document why decision was reached Prohibits organotin discharge (e.g., TBT) If currently coated in TBT, must remove or overcoat

18 2.2.9 Oil-to-Sea Interfaces All Oil-to-Sea interfaces are subject to limitations for discharges of oil and should not result in a visible sheen Must maintain all seals to minimize discharge Perform maintenance out of waters when feasible If performing maintenance on stern tubes in water, must have ready access to appropriate spill response resources Use environmentally preferable lubricants when feasible Use of environmentally preferable lubricants does not authorize discharge in quantities that may be harmful.

19 Graywater Must use phosphate free and non toxic soaps and detergents All vessels must minimize discharge in port If over 400 Gross Tons and regularly leave waters subject to this permit, vessels with storage capacity, may not discharge untreated graywater within 1 nm If you have storage capacity and do not leave waters subject to this permit, you must treat or dispose of graywater onshore if facilities are available and disposal is economically practicable and achievable.

20 27 Incidental Discharge Types Deck Runoff & Above Water Line Hull Cleaning Bilgewater/OWS Effluent Ballast Water Anti-fouling Hull Coating Leachate Aqueous Film Forming Foam (AFFF) Boiler/Economizer Blowdown Cathodic Protection Chain Locker Effluent Oil to Sea Interfaces Distillation & Reverse Osmosis Brine Elevator Pit Effluent Firemain Systems Freshwater Layup Gas Turbine Wash Water Graywater Motor Gasoline & Compensating Discharge Non-Oily Machinery Wastewater Refrigeration & Air Condensate Discharge Seawater Cooling Overboard Discharge Seawater Piping Biofouling Prevention Small Boat Engine Wet Exhaust Sonar Dome Discharge Underwater Ship Husbandry Well deck Discharges Graywater Mixed with Sewage Exhaust Gas Scrubber Washwater Discharge Fish Hold Effluent

21 Fish Hold Effluent Fish hold effluent is composed of seawater, ice-melt, or ice slurry collected inside fish hold tanks. Fish hold effluent contains pollutants which result from seafood catch and other on-board vessel sources. These pollutants can include biological wastes, metals, nutrients, and wastewater resulting from fish hold cleaning activities. Fish holds are also often cleaned or disinfected by vessel crews between catches. To rinse the tank, vessel crews use either municipal water from the pier or dock or they pump water from the surrounding ambient water. Cleaning may simply involve rinsing the tanks with this water or a thorough scrub down with the addition of detergents or disinfectants to maximize the removal of organic material. As a result, the effluent from fish hold cleaning contains a combination of residual fish hold water and ambient or municipal water and often contains soaps or detergents. Must be minimized when in waters subject the permit

22 How to Obtain Authorization Vessels authorized to discharge under the 2013 VGP must: submit an enoi seven (7) days prior to the effective date of the 2013 VGP December 19, 2013 for uninterrupted coverage No later than December 12, 2013 ~ uninterrupted coverage Submit an enoi at least seven (7) days prior to discharge in waters subject to the VGP

23 Certifications The NOI, NOT, the VGP PARI Form, and any reports submitted to EPA must include the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

24 Electronic Reporting Requirement All vessel owner operators must submit all NOIs, NOTs, annual reports and other reporting information as appropriate electronically, unless the vessel owner/operator meets one of the following exemptions: For purposes of the VGP, temporary waivers from electronic reporting may be granted if: EPA has not yet implemented such electronic reporting; If the owner/operator s offices are physically located in a geographic area identified as under-served for broadband Internet and the vessel never travels to any areas with adequate broadband Internet access; or If the vessel owner/operator has issues regarding available computer access or computer capability.

25 When to submit a NOT A new owner or operator has taken over responsibility for the vessel; or You have permanently ceased operating the vessel in waters subject to this permit and there are no longer vessel discharges in such waters; or You have obtained coverage under an individual or alternative general permit for all discharges required to be covered by an NPDES permit

26 General Training All owner/operators of vessels must ensure that the master, operator, person-in-charge, and crew members who actively take part in the management of incidental discharges or who may affect those discharges are adequately trained in implementing the terms of this permit. In addition, all owner/operators of vessels must ensure appropriate vessel personnel be trained in the procedures for responding to fuel spills and overflows, including notification of appropriate vessel personnel, emergency response agencies, and regulatory agencies. This training need not be formal or accredited courses; however, it is the vessel owners/operators responsibility to ensure these staff are given the necessary information to conduct shipboard activities in accordance with the terms of this permit. Vessel owners/operators must also meet all training-related recordkeeping requirements (i.e. keep records for 3 years).

27 Required VGP Documentation The EPA does not mandate the use of any specific forms or format to document compliance with the VGP other than the Notice of Intent (NOI) and Annual Report. However, the VGP does specifically outline the information that should be documented and made available upon request in order to demonstrate compliance.

28 Company Policy or Plan The EPA does not require the use of a format-specific plan or manual to be developed to address the requirements of the VGP, but clearly states that compliance documentation must be made available upon request. Therefore, it is recommended that all existing policies and practices that are determined to help meet the requirements of the VGP be incorporated by reference into a single document. This same document can be used to define the BMPs to be implemented for applicable discharges where a previous policy gap is identified, cross-reference existing policies for applicable discharges that are currently being addressed, and provide justification for those discharges determined to be not applicable.

29 O Brien s Compliance Document The Compliance Guide and Enclosures provide a template with strategies for implementing an appropriate company policy that is specific to applicable vessels. Includes the entire VGP Regulation as well as guidance for documenting compliance. Merely having a copy of the 2008 O Brien s Compliance Document and Enclosure onboard does not satisfy VGP compliance requirements. We are in the process of updating it in accordance with the 2013 VGP which was recently published on March 28, 2013.

30 Documenting Compliance

31 Corrective Actions You violate one or more effluent limits or any other requirement of the VGP, or an inspection or evaluation of your vessel by the USCG determines that modifications to the control measures are necessary to meet the effluent limits; You become aware, or EPA/USCG determines, that your measures do not control discharges adequately to meet applicable water quality standards; or You find, or EPA/USCG determines, that your best management practices are not being properly maintained, or are not having the intended effect in minimizing incidental discharges.

32 Corrective Actions Timeline Corrective actions must be taken and documented accordingly: Minor changes: within 2 weeks Major changes (requiring new parts): within 3 months Major renovations: before re-launching from the next dry docking (typically a 5 year cycle)

33 Effect of Corrective Actions If the initial occurrence of the problem constitutes a violation of the permit, conducting the assessment and correcting the problem does not absolve the liability for the violation. Failure to conduct an assessment and implement corrective actions is an additional violation. EPA/USCG will consider the appropriateness and promptness of corrective actions in determining enforcement for permit violations.

34 Documenting Corrective Actions

35 Inspections The inspection program for the VGP is self-monitoring The person conducting the inspection must be a signatory under 40 CFR A signatory includes the person in charge (e.g., the Master), or his or her duly authorized representative. Routine visual inspections are to be conducted the greater of once per voyage (maximum of once per day) or once per week The records of routine visual inspections must be made available upon request.

36 Routine Inspections

37 Inspections Continued Comprehensive vessel inspections must be conducted by qualified personnel at least once every 12 months. Qualified personnel include the Master or owner/operator of the vessel, if appropriately trained, or appropriately trained marine or environmental engineers or technicians or an appropriately trained representative of a vessel s class society acting on behalf of the owner/operator. Comprehensive annual inspections must cover all areas of the vessel affected by the requirements in the permit that can be inspected safely and without forcing a vessel into drydock.

38 Comprehensive Annual Inspections More detailed than Routine Inspections Vessel hull for attached living organisms, flaking antifoulant paint, exposed TBT or other organotin surfaces, Ballast water tanks, as applicable Bilges, pumps, and oily water separator (OWS) sensors, as applicable, Protective seals for lubrication and hydraulic oil leaks, Oil and chemical storage areas, cargo areas, and waste storage areas, and All visible pollution control measures to ensure that they are functioning properly. Does not require/exclude Third Party Audit Should be completed and documentation available on board prior to first US port call each calendar year.

39 Dry Dock Inspections Provide copies of past dry dock reports upon request and Ensure dry dock report contains the required info or Complete a Dry dock Inspection Certification Report Some Class Societies are making a Statement of Fact available

40 Recordkeeping The vessel owner/operator must retain copies of all reports, certifications, records, monitoring data, and other information required by the permit, and records of all data used to complete the NOI to be covered by this permit, for a period of at least 3 years from the date that your coverage under this permit expires or is terminated. The vessel master, owner/operator, or person in charge shall make all records kept upon available request. VGP records may be kept electronically if they: In a format that can be read in a similar manner as a paper record, Legally dependable with no less evidentiary value than their paper equivalent, and Accessible to the inspector during an inspection to the same extent as a paper copy stored on the vessel would be, if the records were stored in paper form.

41 Reporting Annual Reports must be completed each calendar year and submitted by February 28 of the following year A separate 2013 annual report will not be required; instead, any relevant information from December 19, 2013 December 31, 2013 (if applicable) must be included in the annual report for the 2014 calendar year. Permittees covered under the 2008 VGP must submit reports of all instances of noncompliance which occur before December 18, 2013 to EPA consistent with the terms of that permit.

42 Reporting Continued The vessel owner/operator shall complete the Annual Report form provided in Appendix H of this permit and submit it to EPA electronically. All analytical monitoring results must be submitted to EPA as part of the Annual Report, if applicable. The Annual Report replaces the annual noncompliance report and one-time report requirements found in the 2008 VGP. All instances of noncompliance must be reported as part of the Annual Report.

43 Additional Reporting Where applicable, you must submit the following to the appropriate EPA Regional Office listed in Appendix B for the location in which the noncompliance occurred: Reporting of any noncompliance which may endanger health or the environment must be provided orally within 24 hours from the time you become aware of the circumstances. A written submission must also be provided within five (5) days of the time you become aware of the circumstances. If you report to the NRC of the permit, you do not need to complete reporting under this part.

44 Vessel Class-Specific Requirements Medium ( passengers) and Large Cruise Ships (> 500 persons) Graywater Management Pool and Spa Discharges Monitoring Requirements Educational and Training Requirements Large Ferries Deck Water (100 or more tons of cargo) Educational and Training Requirements Graywater Management (> 250 passengers) Research Vessels Supplemental Authorized Discharges XBTs Additional Effluent Limits Scientific Research

45 Vessel Class-Specific Requirements Barges Additional Effluent Limits Supplemental Inspection Requirements Visual Sheen Test Emergency and Rescue Vessels Supplemental Authorized Discharges Additional Effluent Limits AFFF Alternatives Oil or Petroleum Tankers Additional Authorized Discharges Inert Gas Scrubbers Effluent Additional Effluent Limits Supplemental Inspection Requirements Visual Sheen Test Educational and Training Requirements

46 Educational and Training Requirements Oil tanker operators must implement the following: The ship s crew members who actively take part in the management of the discharge or who may affect the discharge must receive training regarding shipboard environmental procedures and must be able to demonstrate proficiency in implementing these procedures; Advanced training in shipboard environmental management procedures must be provided for those directly involved in managing specific discharge types or areas of the ship and these crew must be able to demonstrate proficiency in implementing these procedures; and Appropriate reprimand procedures must be developed for crew actions that lead to violations of any effluent limit set forth in this permit or procedures established by the vessel operator to minimize the discharge of pollutants.

47 State Specific Requirements Section 401(d) of the CWA provides States with an option to either waive their right to include additional requirements and certify the VGP regulations as published or certify the VGP regulations with additional requirements applicable when operating in the waters under each state s jurisdiction. The following States included additional permit requirements in their CWA 401 certification:

48 State Specific Requirements Alaska Arizona Arkansas Illinois Indiana Iowa New Hampshire New York North Carolina Kansas California Ohio Maine Connecticut Rhode Island Michigan Georgia Vermont Minnesota Hawaii Idaho Missouri Nebraska Washington Wisconsin

49 State Specific Requirements EPA strongly recommends that permittees read the conditions for each States waters in which they will be operating If permittees have questions regarding conditions in a given States waters, EPA advises the permittees to contact the State Agency directly Witt O Brien s will update Compliance Document - Enclosure 6 to provide detailed summary for each State

50 Updated Appendices Appendix A: Definitions (Expanded) Appendix B: EPA Regional Contacts (Factsheet has updated POC info) Appendix E: Notice of Intent (some minor revisions to content) Appendix G: Waters Federally Protected Wholly or in Part for Conservation Purposes Appendix H: Annual Report (includes addendums if applicable)

51 Compliance Verification & Enforcement The EPA and USCG signed a Memorandum of Understanding (MOU) on February 11, 2011 and enforcement commenced on March 11, 2011 USCG Policy Letter CG-543 Policy Letter provides details of USCG boarding procedures and enforcement policy More info: Circular dated February 16, 2011 Share your experiences

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53 United States Environmental Protection Agency Office of Water, Office of Wastewater Management Water Permits Division March 2013 Final 2013 Vessel General Permit On March 28, 2013, the U.S. Environmental Protection Agency (EPA) signed the final 2013 National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP). Background On March 30, 2005, the U.S. District Court for the Northern District of California (in Northwest Environmental Advocates et al. v. EPA) ruled that the EPA regulation excluding discharges incidental to the normal operation of a vessel from NPDES permitting exceeded the Agency s authority under the Clean Water Act (CWA). On July 23, 2008, the Ninth Circuit upheld the decision. In response to this Court order, EPA developed the Vessel General Permit to regulate discharges from vessels. EPA signed the VGP on December 18, 2008, with an effective date of February 6, The VGP currently being finalized will replace the 2008 VGP when it expires on December 19, Summary of the Final 2013 VGP The 2013 final VGP will continue to regulate 26 specific discharge categories that were contained in the 2008 VGP, and would provide coverage for fish hold effluent in the event that a permitting moratorium currently in effect expires in December For the first time, the final VGP contains numeric ballast water discharge limits for most vessels. The permit generally aligns with requirements contained within the 2012 U.S. Coast Guard ballast water rulemaking. Additionally, the VGP contains requirements to ensure ballast water treatment systems are functioning correctly. The final permit also provides additional environmental protection for certain vessels. For example, certain high-risk vessels entering the Great Lakes must conduct additional management measures to reduce the risk of introducing new invasive species to our waters. The final VGP also contains more stringent effluent limits for oil to sea interfaces and exhaust gas scrubber washwater, which will improve environmental protection of U.S. waters. EPA has also improved the efficiency of several of the VGP s administrative requirements, including allowing electronic recordkeeping, requiring an annual report in lieu of the one-time report and annual noncompliance report, allowing combined annual reports for some vessel operators, allowing a reduced inspection frequency for vessels in a prolonged idle status, and requiring small vessel owners and/or operators to obtain coverage under the VGP by completing and agreeing to the terms of a Permit Authorization and Record of Inspection form. This action applies to vessels operating in a capacity as a means of transportation that have discharges incidental to their normal operation into waters subject to these permits, except recreational vessels as defined in Clean Water Act section 502(25) and vessels of the Armed Forces as defined in Clean Water Act section 312(a)(14). For More Information Visit For questions about the VGP, VGP@epa.gov.