Environmental Committee Water Quality Working Group

Transcription

1 Environmental Committee Water Quality Working Group Webinar April 9, 2013 American Association of Port Authorities

2 Water Quality Working Group Agenda Greeting/Introduction/Purpose 2:00-2:05 EST 2:05 EST USCG (presented by John Morris, Environmental Protection Specialist, U.S. Coast Guard) 2:05-2:45 EST Discuss and present the ballast water final rule and verification procedures for fouling and sediment management plans and the implications for ports. 2:45 EST Geotechnical Marine Corp. (presented by Jorge Sainz, President) 2:45-3:00 EST Hydro-Cartridges Storm Drain Filtration System 3:00 EST BMP Discussion Ports (led by Jay Jahangiri, Director of Transport: Western US: Ports/Marine Terminals & Rail/Intermodal, WorleyParsons) 3:00-3:40 EST 3:45 EST (presented by Jack Fiveash, Esq., Lewis, Longman & Walker, P.A., Managing Director, WSource Group LLC) 3:45-4:00 EST New pesticide general permit that could affect ports that do fumigation. Water Quality Working Group-Webinar 2

3 Water Quality Working Group Agenda Greeting/Introduction/Purpose 2:00-2:05 EST Water Quality Working Group-Webinar 3

4 Water Quality Working Group Agenda Mr. John Morris Environmental Protection Specialist, U.S. Coast Guard, Environmental Standards Division Discuss and present the ballast water final rule and verification procedures for fouling and sediment management plans and the implications for ports. Water Quality Working Group-Webinar 4

5 US Coast Guard Ballast Water Discharge Standard Final Rule U.S. Coast Guard Environmental Standards Division Washington, D.C.

6 Overview Coast Guard Regulatory Authority Previous Ballast Water Regulatory Regime Ballast Water Discharge Standard Final Rule Implementation of the Final Rule: Type Approval Independent Labs Enforcement & Compliance 6

7 Authorities for U.S. Coast Guard Regulations Nonindigenous Aquatic Nuisance Prevention and Control Act Prevent or reduce the introduction and control the spread of NIS via the discharge of ballast water from those vessels entering U.S. waters of Great Lakes after operating outside the exclusive economic zone (EEZ) National Invasive Species Act Extend Great Lakes regime to the nation. BW management practices directed: BWE Mid-ocean; Retention; Alternative BWE areas; USCG-approved, environmentally sound alternatives. 7

8 USCG Ballast Water Management Prior Requirements Prior to March 23, 2012 final rule, BW management required for arrivals from outside EEZ: Mid-ocean BW Exchange, many vessels claim safety exemption as provided for in current regulation. Reporting Requirements for vessels bound for ports or places of the U.S. including number of ballast tanks, volume of BW onboard, origin of BW to be discharged into waters of U.S. Ballast Water Management Practices, avoid uptake or discharge in sensitive areas, areas with infestations, clean tanks, rinse anchors & chains, etc. 8

9 Drawbacks to Ballast Water Exchange Ballast Water Exchange is less than desirable as a long-term approach to reducing or preventing introductions of NIS. Structural and operational risks with BWE. Design Age Load Sea conditions Transitory deviation from damage stability limits? Effectiveness of BWE in removing NIS can be variable. Tank design Type of BWE Salinity & temp diff s between BW and ocean water 9

10 The BW Final Rule Notice of Proposed Rulemaking Aug 2009 Public Comment Period ended Dec 2009 Received over 2,000 comments Top 3 issues were: (1) applicability; (2) availability of technology; (3) unified Federal standard Final Rule Published March 23, 2012 Responses to public comments Comments and documents at Docket no. USCG

11 The BW Final Rule Regulation Jurisdiction Applicability Implementation Schedule Dates are January 1 unless specified (First regularly scheduled drydocking after a vessel s compliance date) Great Lakes Requirement U.S. territorial sea 12 nautical miles Sea-going vessels previously required to conduct BWE and coastwise vessels that do not operate outside EEZ but are greater than 1,600 GT and transit between Captain of the Port Zones New Vessels (Dec 1, 2013 keel laying): On delivery Existing Vessels (BW capacity in cubic meters): <1,500: ,500-5,000: 2014 >5,000: 2016 Applies to vessels that depart the Great Lakes, transit beyond the EEZ, return and pass upstream of Snell Lock, aka Salties. 11

12 The BW Final Rule Requirement Additional Non-Indigenous Species Reduction Practices BW Management Plan Extension to Compliance Date BW Reporting and Recordkeeping BW Final Rule Same as in previous rule: Avoid uptake or discharge in sensitive areas, areas with infestations, clean tanks, rinse anchors & chains, etc. Expanded in New Rule: Training and safety procedures, and fouling maintenance & sediment removal procedures. New to Final Rule: Ship owner can request extension of compliance implementation schedule if compliance is not possible. Same as in previous rule: Ballast Water Reporting Form must be submitted to NBIC for vessel subject to this rule, vessels that have ballast water tanks and operate in U.S. waters. 12

13 USCG BW Discharge Standard Organism size Amount allowable in discharge > 50 micrometers Less than 10 organisms per cubic meter < 50 - > 10 Less than 10 organisms per milliliter Indicator microorganisms < 1 colony forming unit of toxicogenic Vibrio cholerae per 100 ml < 250 cfu of Escherichia coli Per 100 ml < 100 cfu intestinal enterococci Per 100 ml

14 OPTIONS FOR COMPLYING WITH USCG BWM REQUIREMENT Meet discharge standard using Coast Guard Approved Ballast Water Management System Use water from a Public Water Supply Alternate Management System (temporary use of foreign approved BWMS) Discharge to Reception Facility No BW Discharge

15 USCG Type Approval of BWMS Long-established USCG program for type approval of ships equipment All testing by independent laboratories (ILs) ILs vetted by USCG Incorporation of EPA Environmental Technology Verification (ETV) Program landbased test protocols consistent with IMO BW Management Convention 15

16 USCG Type Approval Two paths to follow Existing test data from type approval testing for a foreign administration. Applicant must submit: Data Explanation of how submission meets or exceeds Coast Guard type approval requirements. Subject to IL review Test data from an independent laboratory accepted by the Coast Guard. 16

17 Independent Labs Critical private sector entities. Key aspects for acceptability: Independent of BWMS vendors/manufacturers Capacity and ability to conduct ETV test protocol Rigorous QA/QC programs. Availability is outside USCG control. FR stated no type approvals likely until 2015 From scratch with USCG accepted IL CG goal is to establish process as soon as possible. 17

18 First USCG-accepted IL: July 3, 2012 NSF Int l, Ann Arbor, MI Great Ships Initiative, Superior, WI Maritime Environmental Resource Center, Baltimore, MD Retlif Test Laboratories 18

19 Additional Provisions AMS Alternate Management Systems (AMS) Bridging strategy to address fact that foreign typeapproved systems are being installed prior to FR compliance dates Must have been approved by foreign administration in accordance with IMO BW Convention 5-year grandfather period after vessel compliance date 19

20 Additional Provisions Extensions A vessel owner/operator can request an extension to the vessel s implementation schedule for approved Ballast Water Management Methods Extensions can be granted for no longer than the minimum time needed for the vessel to comply with the ballast water discharge standard If CG type approved BWMS are not available, CG can grant an extension. CG guidance on requesting extensions is forthcoming. 20

21 Compliance and Enforcement Assess compliance during regular vessel inspections Port State control for foreign flags Domestic vessel inspection Follow existing compliance approach Documents (certifications and records) Crew knowledge Equipment condition Sample discharge if warranted Sampling and analysis methods and tools in development 21

22 Policy Update Alternate Management System Determination Policy signed 15 June Provides guidance for BW management system vendors on submitting applications for AMS determination from CG. Policy Message for Implementation of BW Discharge Standard released 21 June Describes CG s enforcement & compliance posture for BW Discharge Standard. Frequently Asked Questions Documents available on CG-OES-3 webpage: 22

23 Thank You For questions or more details on Coast Guard s Ballast Water Management Program: environmental_standards@uscg.mil Website: 23

24 Water Quality Working Group Agenda Mr. John Morris Environmental Protection Specialist, U.S. Coast Guard, Environmental Standards Division QUESTIONS??? Water Quality Working Group-Webinar 24

25 Water Quality Working Group Agenda Mr. Jorge Sainz President, Geotechnical Marine Corporation Hydro-Cartridges Storm Drain Filtration System Water Quality Working Group-Webinar 25

26 Storm Drain Filtration System by Geotechnical Marine Corp. PATENTED

27 Storm Drain Filtration System Storm Drain Insert Design Absorbent Pads Through Bolt Inlet Outlet Central Funnel Outer Bucket

28 Storm Drain Filtration System Features 1. Prevent contamination by trapping hydrocarbons. Spill containment 2. Capture debris, silt, solids & heavy metals, extending the drain system life 3. Simple installation, monitoring & maintenance 4. Available for a variety of inlet types & structure sizes

29 Water flows downward through the central funnel Storm Drain Filtration System How Hydro-Cartridges work Hydrocarbons remain floating Water speed decreases, solids precipitate Clean water then rises on both sides of the funnel and flows into the drain structure

30 Storm Drain Filtration System Model # Grate Dimensions Size Depth Water Volume Gal. Water Weight Lbs. Unit Weight Lbs. Flow Rate GPM Spill Capacity Gal. Solids Retention Capacity Type E Type F x25 16 x27 14 x25 16 x27 18 x28 22 x34 18 x28 22 x34 18 x28 22 x34 24 x36 27 x42 28 x36 34 x42 28 x34 34 x40 40 x53 44 x58 27 x46 36 x50 18 x18 23 x23 24 x24 29 x29 24 x24 29 x29 30 x30 39 x39 14 ø 22 ø 23 ø 28 ø 23 ø 28 ø S # 10# cu/ft M # 16# cu/ft S # 15# cu/ft M # 21# cu/ft L # 27# cu/ft M # 23# cu/ft M # 30# cu/ft L # 35# cu/ft M # 70# cu/ft M # 52# cu/ft M # 16# cu/ft S # 13# cu/ft M # 20# cu/ft M # 40# cu/ft S # 12# cu/ft S # 22# cu/ft M # 26# cu/ft

31 Storm Drain Filtration System Protecting our environment one storm drain at a time Geotechnical Marine Corp NW 89 th Ave., Bay #1, Medley, FL Phone: (305) gmc9939b@bellsouth.net Manufacturing storm drain filtration systems since 1985

32 Water Quality Working Group Agenda Mr. Jorge Sainz President, Geotechnical Marine Corporation QUESTIONS??? Water Quality Working Group-Webinar 32

33 Water Quality Working Group Agenda Mr. Jay Jahangiri Director of Transport: Western US: Ports/Marine Terminals & Rail/Intermodal, WorleyParsons Group, Inc. BMP Discussion Ports - what other ports are doing and the water quality issues they re facing. Open discussions on BMP success stories, opportunities, challenges and obstacles from EAST COAST, WEST COAST, GULF COAST AND IN-BETWEEN COAST PORTS The value of tenant s participation and education: policing vs. educating, informing and empowering tenants As time allows: Municipal vs. industrial programs common denominators and differences The nexus of the TMDLs and storm water management permits Strategies for complying with new generation of storm water permits with numerical standards/limits Other topics Water Quality Working Group-Webinar 33

34 AAPA Environment Committee Water Quality Work Group Webinar Open Forum BMP Discussions Presented by: Jay Jahangiri, REM, REPA, CESM, REEW, CIPS, RIAQM, RMI, CESCO Director of Transportation, Ports, Marine Rail/Intermodal Programs April 9,

35 35

36 36

37 37

38 38

39 39

40 40

41 41

42 42

43 43

44 44

45 45

46 Water Quality Working Group Agenda Mr. Jack Fiveash, Esq. Lewis, Longman & Walker, P.A., Managing Director, WSource Group LLC New pesticide general permit that could affect ports that do fumigation. Water Quality Working Group-Webinar 46

47 A PRIMER ON THE NPDES PERMITTING PROGRAM FOR PESTICIDES AAPA April 9,

48 About John L. Fiveash Managing Director of WSource Group LLC Lead Executive Consultant Clean Water Act Criminal Defense Attorney Of Counsel to Lewis, Longman & Walker, P.A. Significant experience in consulting multi-tenant facilities in storm water program development and management. Significant experience at representing multi-tenant facility directors and management in criminal and civil Clean Water Act investigations and court cases.

49 Today s Discussion: How the Pesticide General Permit (PGP) Evolved How PGP Affects Ports - Scope and Application How to Deal with the PGP at your Port wsourcegroup.com

50 How the Pesticide General Permit (PGP) Evolved - CWA enacted in Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) enacted in The historic relationship between CWA and FIFRA - In 2009 an appeals court did away with the CWA exemption - Final PGP released October 31, EPA compliance deadline was January 2, Current facility awareness is low - Exposes facilities to CWA private party lawsuits wsourcegroup.com

51 How PGP Affects Ports - Scope and Application - General permit and individual permits - Federal general permits in six states only (AK, ID, MA, NH, NM, & OK) - Individual state managed programs elsewhere - Facilities cannot contract away liability - Covers activities near waters of the U.S. - Specifically covers the following activities: 1. Mosquito and other flying pest control; 2. Weed and algae control; and 3. Forest canopy pest control. - PGP appears to presume all pesticide applications leave a residue. wsourcegroup.com

52 How to Deal with the PGP at your Port How close is near 1. If [t]hat application is made such that a portion of the pesticide will be unavoidably deposited to waters of the United States 2. Appeals court did not define near. EPA does not define near in the PGP. 3. EPA s interpretation: [t]he unavoidable discharge of pesticides to waters of the United States in order to target pests in proximity to but not necessarily in such waters. wsourcegroup.com

53 How to Deal with the PGP at your Port - Investigate (staff interviews, wetland delineations, endangered species areas, MSDS, state white papers, etc.) - Complete the Pesticide Discharge Evaluation Worksheet - File a NOI well in advance of application, if necessary - Develop SWPPP language - Incorporate PGP into SWPPP training agenda - Develop facility-specific pesticide use BMPs For a detailed article on the PGP: wsourcegroup.com

54 Contacting WSource John L. Fiveash phone (U.S. Toll Free) mobile +1 (850) Offices: California Florida Massachusetts Montana wsourcegroup.com

55 Water Quality Working Group Agenda Mr. Jack Fiveash, Esq. Lewis, Longman & Walker, P.A., Managing Director, WSource Group LLC QUESTIONS??? Water Quality Working Group-Webinar 55

56 Water Quality Working Group THANK YOU!! Contacts John Morris, Environmental Protection Specialist, Environmental Standards Division, U.S. Coast Guard; (202) ; Jorge Sainz, Geotechnical Marine Corp., (presented by Jorge Sainz, President), (305) ; Jay Jahangiri, Director of Transport: Western US: Ports/Marine Terminals & Rail/Intermodal, WorleyParsons Group, Inc.; (925) ; Jack Fiveash, Esq., Lewis, Longman & Walker, P.A.; Managing Director, WSource Group LLC; (850) ; Bob Musser, Environmental Projects Manager, Port Everglades; (954) ; Water Quality Working Group-Webinar 56