SIMPLIFYING THE VGP AND EALS

SIMPLIFYING THE VGP AND EALS

WHAT IS THE VGP (2013)? The second issuance of the Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels (VGP) Developed by the US Environmental Protection Agency (EPA) Works alongside the Clean Water Act (CWA) Serves to protect the US Coastline and inland waters by regulating discharge from vessels entering these areas

WHAT IS THE VGP (2013)? The second issue of the VGP has many updates. This presentation will focus primarily on the requirement for the use of Environmentally Acceptable Lubricants (EALs) EALs are now required to replace traditional lubricants in all oilto-sea interfaces Oil-to-sea interfaces include: Wire Ropes ROV Umbilicals Submersible Eqmt. Pitch Propellers Hydraulic Fluids Paddle Wheel Prop. Stern Tubes Thruster Bearings Stabilisers Rudder Bearings Azimuth Thrusters Prop. Pods

WHAT IS AN ENVIRONMENTALLY ACCEPTABLE LUBRICANT? Biodegradable Minimally Toxic Non-Bioaccumulative

BIODEGRADABLE Biodegradability is a measure of how quickly the lubricant is broken down into its harmless constituents In the instance of accidental discharge, a biodegradable lubricant will not remain in the environment long enough to cause significant harm VGP states that a biodegradable lubricant must meet specific criteria Very stringent and complex

MINIMALLY TOXIC As described by the VGP, minimally toxic lubricants have little to no impact on marine life Measured by exposing living organisms to different concentrations of lubricant in water The result that is usually quoted, is the lubricant concentration that kills 50% of the test organisms in 48 hours or 72 hours Many different criteria The higher the result the better

NON- BIOACCUMULATIVE Bioaccumulation describes how easily a chemical can build up in living organisms VGP demands that EALs meet stringent bioaccumulation criteria Testing highlights any chemicals that may build up in the food chain Helps to prevent toxicity in higher trophic levels and human consumption

WHEN IS THE VGP EFFECTIVE? Now the second issue of the VGP came into force on 19 th December 2013 Full compliance with the EAL requirements is required following the first dry dock after this date This issue will expire on December 19 th 2018 at midnight. It is highly likely to be updated at this time

WHO MUST COMPLY? All commercial vessels which are 79 feet (24.08 metres) or greater in length Vessels that have discharges incidental to their normal operations Vessels operating in a capacity as a means of transportation

WHO MUST COMPLY? Vessel types which could match the criteria of the permit Commercial Fishing Vessels Cruise Ships Barges Mobile Offshore Drilling Units Oil Tankers Petroleum Tankers Bulk Carriers Cargo Ships Container Ships Emergency Response Vessels Other Cargo Freighters ROV Operation Vessels Refrigerant Ships Research Vessels Vessel types which are not subject to the VGP requirements Recreational vessels Armed Forces Vessels

WHERE DOES THE VGP APPLY? The VGP is applicable to discharges incidental to the normal operation of a vessel in waters of the United States These are waters up to three nautical miles from the coast of the USA and all navigable waters of the Great Lakes Any vessel subject to the requirements of the VGP entering these waters will be required to comply, no matter the reason for entry The EAL requirements of the VGP are highly likely to be replicated in other global locations

WHY FOLLOW THE GUIDELINES? The EPA has the power to enforce the VGP using legal action including administrative penalties and judicial action First time violations may lead to $10,000 fines (per violation) or imprisonment for up to two years Further violations may lead to $20,000 fines (per violation) or imprisonment for up to four years Falsification of documentation can lead to more severe punishments Section 1.4 Permit Compliance contains more details

HOW WILL COMPLIANCE BE MONITORED? The US Coast Guard (USCG) will check vessels for compliance with the requirements of the VGP The USCG will run checks during routine inspections of USflagged vessels Non-US flagged vessels will be checked during Port State Control Exams Evidence of non-compliance may lead to more detailed exams Detected deficiencies will be reported to the EPA for legal action

EALS REQUIRED DOCUMENTATION In order to comply with the VGP, a number of documents must be completed, many of which make reference to lubricants, these include: The Notice of Intent (NoI) Section D refers to Discharge. If lubricants are used on your vessel in Oil-to-Sea interfaces, it must be marked in this section

EALS REQUIRED DOCUMENTATION VGP Annual Report Question 5 refers directly to Environmentally Acceptable Lubricants and requests information on lubricants used If EALs have not been used, an explanation is required. Under certain circumstances a non-conformance can be excused for particular reasons, for example: It may be technically infeasible The vessel has not dry docked since 19th December 2013

PROOF OF EAL USAGE It is the responsibility of the lubricant manufacturer to ensure that VGP compliant lubricants meet the definition of an Environmentally Acceptable Lubricant A lubricant manufacturer s statement of meets the requirements of the VGP is not sufficient evidence that the lubricant meets the strict definition of an EAL Operators are urged to seek absolute clarification that a lubricant meets the strict EAL standards before using it Testing for VGP and EAL compliance is extensive and manufacturers will be happy to provide evidence of compliance

PROOF OF EAL USAGE Using a lubricant with all, or most of the information as listed below should be adequate evidence for inspecting authorities, ensuring that they will be happy with your compliance to the VGP s EAL requirements: Independent test data for the EAL will be available from the manufacturer; ensure that this also includes test data on the components Technical and Safety Data Sheets are likely to carry a statement which clearly states that the product is VGP and EAL compliant It is likely that the product label will state that the lubricant is VGP and EAL compliant

LABELLING PROGRAMS The VGP state that any lubricants bearing the logos below are EALs With the aim of helping operators to select EALs and therefore ensuring their compliance with VGP