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VESSEL - VGP - Permit - November 2010 Rev. Mar 29, 2011

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Vessel General Permit (VGP) Version Nov.

2010

United States Environmental Protection Agency (EPA)

National Pollutant Discharge Elimination System (NPDES)

VESSEL GENERAL PERMIT FOR DISCHARGES INCIDENTAL TO THE NORMAL


OPERATION OF VESSELS (VGP)

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Clean Water Act (CWA), as amended (33

U.S.C. 1251 et seq.), any owner or operator of a vessel being operated in a capacity as a means
of transportation who:

• Is eligible for permit coverage under Part 1.2;


• If required by Part 1.5.1, submits a complete and accurate Notice of Intent (NOI)

is authorized to discharge in accordance with the requirements of this permit.

General effluent limits for all eligible vessels are given in Part 2. Further vessel class or
type specific requirements are given in Part 5 for select vessels and apply in addition to any
general effluent limits in Part 2. Specific requirements that apply in individual States and Indian
Country Lands are found in Part 6. Definitions of permit-specific terms used in this permit are
provided in Appendix A.

This permit becomes effective on December 19, 2008 for all jurisdictions except Alaska
and Hawaii.

This permit and the authorization to discharge expire at midnight, December 19, 2013

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Vessel General Permit (VGP) Version Nov. 2010

Signed and issued this 18th day of December, 2008 William K. Honker, Acting Director
Robert W. Varney, Water Quality Protection Division, EPA Region
Regional Administrator, EPA Region 1 6

Signed and issued this 18th day of December, 2008 Signed and issued this 18th day of December,
Barbara A. Finazzo, Director 2008
Division of Environmental Planning, and William A. Spratlin, Director
Protection, EPA Region 2 Water, Wetlands and Pesticides Division, EPA
Region 7
Signed and issued this 18th day of December, 2008
Carl-Axel P. Soderberg, Director Signed and issued this 18th day of December,
Caribbean Environmental Protection Division, 2008
EPA Region 2 Eddie A. Sierra, Acting Assistant Regional
Administrator
Signed and issued this 18th day of December, 2008 Office of Partnerships and Regulatory
Jon M. Capacasa, Director Assistance, EPA Region 8
Water Protection Division, EPA Region 3
Signed and issued this 18th day of December,
Signed and issued this 18th day of December, 2008 2008
James D. Giattina, Director Nancy Woo, Associate Director
Water Protection Division, EPA Region 4 Water Division, EPA Region 9

Signed and issued this 18th day of December, Signed and issued this 18th day of December,
2008 2008
Peter Swenson, Acting Director Michael Gearheard, Director
Water Division, EPA Region 5 Office of Water and Watersheds, EPA Region 10
Signed and issued this 18th day of December,
2008

This permit becomes effective on February 6, 2009 for Alaska and Hawaii.

Signed and issued this 2nd day of February, 2009


Alexis Strauss, Director
Water Division, EPA Region 9

Signed and issued this 2nd day of February, 2009


Michael A. Bussell, Director
Office of Water and Watersheds, EPA Region 10

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Vessel General Permit (VGP) Version Nov. 2010

Table of Contents:

1. Coverage under this Permit .................................................................................................................. 1

1.1 Permit Structure ............................................................................................................................... 1

1.2 Eligibility ......................................................................................................................................... 1

1.2.1 General Scope of this Permit .............................................................................................. 2

1.2.2 Vessel Discharges Eligible for Coverage ........................................................................... 2

1.2.3 Limitations on Coverage ..................................................................................................... 3

1.3 Reserved........................................................................................................................................... 5

1.4 Permit Compliance .......................................................................................................................... 5

1.5 Authorization under this Permit ....................................................................................................... 6

1.5.1 How to Obtain Authorization.............................................................................................. 6

1.5.2 Continuation of this Permit ................................................................................................. 7

1.6 Terminating Coverage ..................................................................................................................... 8

1.6.1 Terminating Coverage for Vessels Required to Submit a Notice of Intent (NOI).............. 8

1.6.2 Terminating Coverage for Vessels not Required to Submit a Notice of Intent (NOI)........ 8

1.7 Certification ..................................................................................................................................... 9

1.8 Alternative Permits .......................................................................................................................... 9

1.8.1 EPA Requiring Coverage under an Alternative Permit ...................................................... 9

1.8.2 Permittee Requesting Coverage under an Alternative Permit .......................................... 10

1.9 Permit Reopener Clause ................................................................................................................. 10

1.9.1 Procedures for Modification or Revocation ...................................................................... 10

1.9.2 Water Quality Protection .................................................................................................. 10

1.9.3 Timing of Permit Modification ......................................................................................... 10

1.10 Severability .................................................................................................................................... 11

1.11 State Laws ...................................................................................................................................... 11

1.12 Federal Laws .................................................................................................................................. 11

1.13 Standard Permit Conditions ........................................................................................................... 11

2. Effluent Limits and Related Requirements ........................................................................................ 12

2.1 Technology-based Effluent Limits and Related Requirements Applicable to all Vessels ............. 12

2.1.1 Material Storage ................................................................................................................ 12

2.1.2 Toxic and Hazardous Materials ........................................................................................ 12

2.1.3 Fuel Spills/Overflows ....................................................................................................... 13

2.1.4 Discharges of Oil Including Oily Mixtures ...................................................................... 13

2.1.5 Compliance with other Statutes and Regulations ............................................................. 14

2.2 Technology-based Effluent Limits and Related Requirements for Specific Discharge Categories

....................................................................................................................................................... 14

2.2.1 Deck Washdown and Runoff and Above Water Line Hull Cleaning ............................... 14

2.2.2 Bilgewater......................................................................................................................... 15

2.2.3 Discharges of Ballast Water.............................................................................................. 16

2.2.4 Anti-Fouling Hull Coatings .............................................................................................. 21

2.2.5 Aqueous Film Forming Foam (AFFF) .............................................................................. 22

2.2.6 Boiler/Economizer Blowdown.......................................................................................... 23

2.2.7 Cathodic Protection........................................................................................................... 23

2.2.8 Chain Locker Effluent ...................................................................................................... 23

2.2.9 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil to Sea Interfaces

including Lubrication Discharges from Paddle Wheel Propulsion, Stern Tubes, Thruster

Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, Propulsion Pod Lubrication,

and Wire Rope and Mechanical Equipment Subject to Immersion. ................................. 24

2.2.10 Distillation and Reverse Osmosis Brine ........................................................................... 24

2.2.11 Elevator Pit Effluent ......................................................................................................... 24

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Vessel General Permit (VGP) Version Nov. 2010

2.2.12 Firemain Systems .............................................................................................................. 25

2.2.13 Freshwater Layup ............................................................................................................. 25

2.2.14 Gas Turbine Wash Water.................................................................................................. 25

2.2.15 Graywater.......................................................................................................................... 25

2.2.16 Motor Gasoline and Compensating Discharge ................................................................. 26

2.2.17 Non-Oily Machinery Wastewater ..................................................................................... 27

2.2.18 Refrigeration and Air Condensate Discharge ................................................................... 27

2.2.19 Seawater Cooling Overboard Discharge (including Non-Contact Engine Cooling Water;

Hydraulic System Cooling Water, Refrigeration Cooling Water) .................................... 27

2.2.20 Seawater Piping Biofouling Prevention ............................................................................ 27

2.2.21 Boat Engine Wet Exhaust ................................................................................................. 28

2.2.22 Sonar Dome Discharge ..................................................................................................... 28

2.2.23 Underwater Ship Husbandry Discharges .......................................................................... 28

2.2.24 Welldeck Discharges ........................................................................................................ 29

2.2.25 Graywater Mixed with Sewage from Vessels ................................................................... 29

2.2.26 Exhaust Gas Scrubber Washwater Discharge ................................................................... 29

2.3 Water Quality Based Effluent Limits ............................................................................................ 29

2.3.1 Water Quality-Based Effluent Limitations ....................................................................... 29

2.3.2 Dischargers to Water Quality Impaired Waters ................................................................ 30

3. Corrective Actions.............................................................................................................................. 32

3.1 Problems Triggering the Need for Corrective Action .................................................................... 32

3.2 Corrective Action Assessment....................................................................................................... 32

3.3 Deadlines for Eliminating Problem ............................................................................................... 33

3.4 Effect of Corrective Action ............................................................................................................ 33

4. Inspections, Monitoring, Reporting, and Recordkeeping................................................................... 35

4.1 Self Inspections and Monitoring .................................................................................................... 35

4.1.1 Routine Visual Inspections ............................................................................................... 35

4.1.2 Analytical Monitoring....................................................................................................... 36

4.1.3 Comprehensive Annual Vessel Inspections ...................................................................... 36

4.1.4 Drydock Inspection Reports ............................................................................................. 37

4.2 Recordkeeping ............................................................................................................................... 37

4.3 Additional Recordkeeping for Vessels Equipped with Ballast Tanks ........................................... 40

4.4 Reporting ....................................................................................................................................... 41

4.4.1 Reporting Noncompliance ................................................................................................ 41

4.4.2 Reportable Quantities of Hazardous Substances or Oil .................................................... 41

4.4.3 Additional Reporting ........................................................................................................ 41

4.4.4 One-Time Permit Report .................................................................................................. 41

5. Vessel Class Specific Requirements .................................................................................................. 43

5.1 Large Cruise Ships (authorized to carry 500 people or more for hire). ......................................... 43

5.1.1 Additional Effluent Limits ................................................................................................ 43

5.1.2 Monitoring Requirements ................................................................................................. 45

5.1.3 Educational and Training Requirements ........................................................................... 47

5.2 Medium Cruise Ships (authorized to carry 100 to 499 people for hire) ........................................ 48

5.2.1 Additional Effluent Limits ................................................................................................ 48

5.2.2 Monitoring Requirements ................................................................................................. 50

5.2.3 Educational and Training Requirements ........................................................................... 52

5.3 Large Ferries .................................................................................................................................. 53

5.3.1 Additional Authorized Discharges .................................................................................... 53

5.3.2 Additional Effluent Limits ................................................................................................ 53

5.3.3 Educational and Training Requirements ........................................................................... 55

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Vessel General Permit (VGP) Version Nov. 2010

5.4 Barges (such as hopper barges, chemical barges, tank barges, fuel barges, crane barges, dry bulk

cargo barges).................................................................................................................................. 55

5.4.1 Additional Effluent Limits ................................................................................................ 55

5.4.2 Supplemental Inspection Requirements ............................................................................ 56

5.5 Oil Tankers or Petroleum Tankers ................................................................................................. 56

5.5.1 Additional Authorized Discharges .................................................................................... 56

5.5.2 Additional Effluent Limits ................................................................................................ 56

5.5.3 Supplemental Inspection Requirements ............................................................................ 56

5.5.4 Educational and Training Requirements ........................................................................... 57

5.6 Research Vessels............................................................................................................................ 57

5.6.1 Supplemental Authorized Discharges ............................................................................... 57

5.6.2 Additional Effluent Limits ................................................................................................ 57

5.7 Emergency Vessels (Fire Boats, Police Boats) .............................................................................. 57

5.7.1 Supplemental Authorized Discharges ............................................................................... 58

5.7.2 Additional Effluent Limits ................................................................................................ 58

5.8 Vessels Employing Experimental Ballast Water Treatment Systems............................................ 58

5.8.1 Authorization of Residual Biocides Associated with Experimental Ballast Water

Treatment Systems............................................................................................................ 58

5.8.2 Monitoring Requirements ................................................................................................. 59

5.8.3 Recordkeeping and Reporting Requirements ................................................................... 60

6. Specific Requirements for Individual States or Indian Country Lands .............................................. 62

6.1 Bishop Paiute Tribe: ...................................................................................................................... 62

6.2 California: ...................................................................................................................................... 62

6.3 Connecticut: ................................................................................................................................... 64

6.4 Florida:........................................................................................................................................... 65

6.5 Georgia: ......................................................................................................................................... 66

6.6 Guam:............................................................................................................................................. 66

6.7 Hawaii............................................................................................................................................ 66

6.8 Hualapai Tribe: .............................................................................................................................. 70

6.9 Idaho: ............................................................................................................................................. 71

6.10 Illinois: ........................................................................................................................................... 71

6.11 Indiana: .......................................................................................................................................... 73

6.12 Iowa: .............................................................................................................................................. 74

6.13 Kansas:........................................................................................................................................... 75

6.14 Maine: ............................................................................................................................................ 76

6.15 Massachusetts: ............................................................................................................................... 76

6.16 Michigan: ....................................................................................................................................... 78

6.17 Minnesota: ..................................................................................................................................... 80

6.18 Missouri: ........................................................................................................................................ 81

6.19 Nebraska: ....................................................................................................................................... 81

6.20 Nevada: .......................................................................................................................................... 82

6.21 New Hampshire: ............................................................................................................................ 82

6.22 New York:...................................................................................................................................... 82

6.23 Ohio: .............................................................................................................................................. 95

6.24 Pennsylvania: ................................................................................................................................. 99

6.25 Rhode Island: ............................................................................................................................... 100

6.26 Utah:............................................................................................................................................. 100

6.27 Vermont: ...................................................................................................................................... 101

6.28 Wyoming: .................................................................................................................................... 102

7. Appendix A definitions: ................................................................................................................... 105

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8. Appendix B – EPA Regional Contacts............................................................................................. 113

9. Appendix C – Areas Covered........................................................................................................... 114

9.1 Appendix D Reserved .................................................................................................................. 114

10. Appendix E – Notice of Intent (NOI)............................................................................................... 115

10.1 Draft NOI Instructions ................................................................................................................. 115

11. Appendix F – Notice of Termination (NOT) ................................................................................... 122

11.1 NOT Instructions ......................................................................................................................... 122

12. Appendix G – Waters Federally Protected wholly or in part for Conservation Purposes ................ 125

12.1 Waters Federally Protected Wholly or in Part for Conservation Purposes .................................. 125

12.1.1 Marine Sanctuaries under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.)

and National Marine Monuments Designated under the Antiquities Act of 1906 .......... 125

12.1.2 National Parks and Refuges: National Park Service, Department of the Interior ........... 126

12.1.3 National Wildlife Refuges (including, but not limited to Wetlands Management Districts,

Waterfowl Production Areas, National Game Preserves, Wildlife Management Areas, and

National Fish and Wildlife Refuges) .............................................................................. 132

12.1.4 National Wilderness Areas ............................................................................................. 137

12.1.5 National Wild and Scenic Rivers.................................................................................... 144

12.1.6 Outstanding National Resource Water (ONRW) designated by a State or Tribe ........... 146

13. Appendix H – One Time Report. ..................................................................................................... 148

14. Appendix I– Discharge Monitoring Report...................................................................................... 150

15. Appendix J - Procedure for Whole Effluent Toxicity Testing of Ballast Water .............................. 151

15.1 Required Toxicity Testing ........................................................................................................... 151

15.2 Testing and reporting instructions: .............................................................................................. 152

15.3 Ballast Water Treatment System Options .................................................................................... 154

15.4 Approval and Exceptions............................................................................................................. 156

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Vessel General Permit (VGP) Version Nov. 2010

1. Coverage under this Permit


1.1 Permit Structure

This permit is structured as follows:

• General requirements that apply to all eligible vessel discharges are found in Parts 1
through 4;
• Specific additional requirements that apply to particular vessel classes are found in
Part 5; and
• Specific additional requirements that apply in individual States or Indian Country Lands
are found in Part 6.

The Appendices, listed here as Parts 7 through 15, include definitions, the Notice of
Intent form, the Notice of Termination form, additional permit requirements, and supplemental
information.

Additionally, note that:

• All requirements in this permit to comply with statutes and regulations, other than Clean
Water Act section 402 and its implementing regulations, refer to those authorities as
codified as of the date of Federal Register notice announcing availability of draft permit
on June 17, 2008. Furthermore, with respect to references to class society or flag State
requirements, all references to requirements are to those as of June 17, 2008.
• All requirements to comply with specified statutes include the requirement to comply
with any applicable implementing regulations.
• Provisions stating that "EPA recommends" certain actions, or that you "should" take
certain actions, constitute recommendations by the Agency and thus are not mandatory
requirements of this permit.
• EPA intends to implement the VGP in accordance with the Clean Water Act as well as
U.S. international legal obligations, including those obligations associated with a vessel's
right to innocent passage as provided for under customary international law.
• Notwithstanding any other requirement of this permit, with the exception of any
condition imposed by Section 1.13 (Standard Permit Conditions), requirements for
inspections, training, recordkeeping and reporting, imposed by EPA in today’s permit are
required to be met as of February 19, 2009.

1.2 Eligibility

You must meet the following provisions to be eligible for coverage under this permit.

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Vessel General Permit (VGP) Version Nov. 2010

1.2.1 General Scope of this Permit

This permit is applicable to discharges incidental to the normal operation of a vessel


identified in Part 1.2.2 into waters subject to this permit. These waters are “waters of the United
States” as defined in 40 CFR 122.2 (extending to the outer reach of the 3 mile territorial sea as
defined in section 502(8) of the CWA). This includes all navigable waters of the Great Lakes
subject to the jurisdiction of the United States. Recreational vessels as defined in section 502(25)
of the Clean Water Act are not subject to this permit. Such vessels are not subject to NPDES
permitting under Section 402 of the Clean Water Act, and are instead subject to regulation under
Section 312(o) of the Clean Water Act. In addition, with the exception of ballast water
discharges, non-recreational vessels less than 79 feet (24.08 meters) in length, and all
commercial fishing vessels, regardless of length, are not subject to this permit. See P.L. 110-299.
Commercial fishing vessels and other non-recreational vessels less than 79 feet are eligible for
permit coverage under this permit for their ballast water discharges. If auxiliary vessels or craft,
such as lifeboats, rescue boats, or barges onboard larger vessels require permit coverage (i.e. they
are greater than 79 feet in length), they are eligible for coverage under this permit and are
covered by submission of the Notice of Intent for the larger vessels. Nothing in this permit shall
be interpreted to apply to a vessel of the Armed Forces as defined in § 312(a)(14) of the Clean
Water Act.

1.2.2 Vessel Discharges Eligible for Coverage

Unless otherwise made ineligible under Part 1.2.3, the following discharge types are
eligible for coverage under this permit:

1.2.2.1 Deck Runoff and Above Water Line Hull Cleaning

1.2.2.2 Bilgewater/Oily Water Separator Effluent

1.2.2.3 Ballast Water

1.2.2.4 Anti-fouling Leachate from Anti-Fouling Hull Coatings/Hull Coating Leachate

1.2.2.5 Aqueous Film Forming Foam (AFFF)

1.2.2.6 Boiler/Economizer Blowdown

1.2.2.7 Cathodic Protection

1.2.2.8 Chain Locker Effluent

1.2.2.9 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil Sea
Interfaces including Lubrication Discharges from Paddle Wheel Propulsion, Stern
Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, and
Propulsion Pod Lubrication

1.2.2.10 Distillation and Reverse Osmosis Brine

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Vessel General Permit (VGP) Version Nov. 2010

1.2.2.11 Elevator Pit Effluent

1.2.2.12 Firemain Systems

1.2.2.13 Freshwater Layup

1.2.2.14 Gas Turbine Wash Water

1.2.2.15 Graywater

Except that Graywater from commercial vessels operating in the Great Lakes within the
meaning of CWA section 312 is excluded from the requirement to obtain an NPDES permit (see
CWA section 502(6)), and thus is not within the scope of this permit.

1.2.2.16 Motor Gasoline and Compensating Discharge

1.2.2.17 Non-Oily Machinery Wastewater

1.2.2.18 Refrigeration and Air Condensate Discharge

1.2.2.19 Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling

Water; Hydraulic System Cooling Water, Refrigeration Cooling Water)

1.2.2.20 Seawater Piping Biofouling Prevention

1.2.2.21 Boat Engine Wet Exhaust

1.2.2.22 Sonar Dome Discharge

1.2.2.23 Underwater Ship Husbandry

1.2.2.24 Welldeck Discharges

1.2.2.25 Graywater Mixed with Sewage from Vessels

1.2.2.26 Exhaust Gas Scrubber Washwater Discharge

1.2.3 Limitations on Coverage

1.2.3.1 Discharges Not Subject to Former NPDES Permit Exclusion and Vessel Discharges

Generated from Vessels when they are Operated in a Capacity Other than as a Means

of Transportation

Discharges that are outside the scope of the exclusion from NPDES permitting for
discharges incidental to the normal operation of a vessel as set out in 40 Code of Federal
Regulations (CFR) 122.3(a), as in effect on December 18, 2008, are ineligible for coverage under
this permit. This permit does not apply to any vessel when it is operating in a capacity other than
as a means of transportation. For any discharges identified in this permit, discharges are not

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Vessel General Permit (VGP) Version Nov. 2010

eligible if they contain materials resulting from industrial or manufacturing processes onboard or
other materials not derived from the normal operations of a vessel.

Vessels when they are being used as an energy or mining facility, a storage facility, a
seafood processing facility, or when secured to the bed of waters subject to this permit or to a
buoy for the purpose of mineral or oil exploration or development are not eligible for coverage
under this permit. Furthermore, “floating” craft that are permanently moored to piers, such as
“floating” casinos, hotels, restaurants, bars etc. are not covered by the current vessel exclusion
and thus would not be covered by this draft vessel permit.

1.2.3.2 Sewage

Discharges of sewage from vessels, as defined in the Clean Water Act section 502(6) and
40 C.F.R. 122.2, are not required to obtain NPDES permits. Instead, these discharges are
regulated under section 312 of the Clean Water Act and 40 CFR Part 140 and 33 CFR Part 159.

1.2.3.3 Used or Spent Oil

Discharges of used or spent oil no longer being used for their intended purposes are not
eligible for coverage under this permit.

1.2.3.4 Garbage or Trash

Discharges of rubbish, trash, garbage, or other such materials discharged overboard are
not eligible for coverage under this permit. “Garbage” discharges include discharges of bulk dry
cargo residues as defined at 33 CFR 151.66(b) (73 Fed. Reg. 56492 (September 29, 2008)) and
agricultural cargo residues. Discharges of garbage continue to be subject to regulation under 33
CFR Part 151, Subpart A.

1.2.3.5 Photo processing effluent

Discharges from photo-processing operations are not eligible for coverage under this
permit.

1.2.3.6 Effluent from Dry Cleaning Operations

Discharges of spent or unused effluent from dry cleaning operations are not eligible for
coverage. This includes any spent or unused tetrachloroethylene from these operations.

1.2.3.7 Discharges of Medical Waste and Related Materials

Discharges of medical waste as defined in 33 U.S.C. 1362(20) are not eligible for
coverage under this permit. Discharges of spent or unused pharmaceuticals, formaldehyde or
other biohazards no longer being used for their intended purposes are not eligible for coverage
under this permit.

For purposes of the VGP, the liquid produced by dialysis treatment of humans is not
deemed to be “medical waste,” and, like other human body waste, is subject to regulation under

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Vessel General Permit (VGP) Version Nov. 2010

CWA § 312 if introduced into marine sanitation devices, or under VGP Part 2.2.25 if added to a
blackwater system combined with a graywater system. The direct overboard discharge of such
liquid without treatment is not authorized by the VGP.

1.2.3.8 Discharges of Noxious Liquid Substance Residues

Discharges of noxious liquid substance residues subject to 33 CFR Part 151, Subpart A
are not eligible for coverage under this permit.

1.2.3.9 Tetrachloroethylene (Perchloroethylene) Degreasers

Discharges of tetrachloroethylene degreasers or other products containing


tetrachloroethylene are not eligible for coverage under this permit.

1.2.3.10 Discharges Currently or Previously Covered by NPDES Permits

The following discharges are not eligible for coverage under this permit:

• Vessel discharges covered, as of the effective date of this permit, under an individual
NPDES permit or another NPDES general permit, unless EPA specifically allows
coverage under Part 1.8.2; or
• Discharges from vessels covered by any NPDES permit that has been or is in the process
of being denied, terminated, or revoked by EPA or state permitting authorities (this does
not apply to the routine reissuance of permits every five years).

1.3 Reserved

1.4 Permit Compliance

The CWA provides that any person who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be maintained under this permit shall,
upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not
more than 2 years, or both. If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph, punishment is a fine of not more than $20,000
per day of violation, or by imprisonment of not more than 4 years, or both. The Act further
provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this
permit, including monitoring reports or reports of compliance or non-compliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than 6 months per violation, or by both. In addition, false statements or representations,
as well as alterations or false entries in documents, may be punishable by more severe criminal
penalties pursuant to 18 U.S.C. §1001 or 18 U.S.C. §1519.

Any noncompliance with the requirements of this permit constitutes a violation of the
Clean Water Act. Each day a violation continues is a separate violation of this permit. Where
requirements and schedules for taking corrective actions are included in this permit, the time
intervals provided are not grace periods, but schedules considered reasonable for making repairs

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Vessel General Permit (VGP) Version Nov. 2010

and improvements. They are included in this permit to ensure that the conditions prompting the
need for these corrective actions are not allowed to persist indefinitely. You must return to
compliance as promptly as possible, but no later than the time period specified in this permit. For
provisions specifying a time period to remedy noncompliance, the initial and continuing failure,
such as a violation of numeric or non-numeric effluent limit, constitutes a violation of this permit
and the Clean Water Act. As such, any time periods specified for remedying noncompliance do
not relieve parties of the initial underlying noncompliance.

To provide clarity for the permittee, there are additional reminders in certain sections of
this permit about what constitutes a permit violation. The absence of such a reminder in a
particular section does not mean that failure to meet that requirement is not a permit violation.

1.5 Authorization under this Permit

1.5.1 How to Obtain Authorization

To obtain authorization under this permit, you must meet the Part 1.2 eligibility
requirements. If your vessel meets the requirements under Part 1.5.1.1, you must submit a Notice
of Intent (NOI) to receive permit coverage beginning on June 19, 2009. Prior to NOI submission,
owner/operators of these vessels are authorized to discharge under this permit. This automatic
authorization extends until owner/operators of vessels that meet the requirements under Part
1.5.1.1 submit NOIs, but shall not extend beyond 9 months after permit issuance.
Owner/operators of vessels that meet the requirements under Part 1.5.1.2 are automatically
authorized to discharge under this permit and are not required to submit NOIs.

1.5.1.1 Vessels Required to Submit Notices of Intent (NOIs)

If your vessel is greater than or equal to 300 gross tons or the vessel has the capacity to
hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, you must submit a
complete and accurate NOI in accordance with the requirements of Part 10 of this permit
beginning on June 19, 2009 if you seek coverage under this permit. Submission must be in
accordance with the deadlines in Table 1.

If you submit an NOI, EPA strongly encourages you to prepare and submit your NOI
using EPA’s Electronic Notice of Intent (eNOI) system (www.epa.gov/npdes/vessels/eNOI).
EPA will post on the Internet, at www.epa.gov/npdes/noisearch, all NOIs received. Late NOIs
will be accepted, but authorization to discharge will not be retroactive.

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Vessel General Permit (VGP) Version Nov. 2010

Table 1: NOI Submission Deadlines/Discharge Authorization Dates

Category NOI Deadline Discharge Authorization Date*


Vessels delivered to owner or No later than September 19, Authorization granted until September 19, 2009.
operator on or before 2009 If EPA receives an NOI on or before September
September 19, 2009 19, 2009, uninterrupted coverage continues.
New Owner/Operator of Vessel By date of transfer of Date of transfer or date EPA receives NOI,
– transfer of ownership and/or ownership and/or operation whichever is later
operation of a vessel whose
discharge is previously
authorized under this permit
New vessels delivered to owner 30 days prior to discharge into 30 days after complete NOI received by EPA
or operator after September 19, waters subject to this permit
2009
Existing vessels delivered to 30 days prior to discharge into 30 days after complete NOI received by EPA
owner or operator after waters subject to this permit
September 19, 2009 that were
not previously authorized under
this permit
* Based on a review of your NOI or other information, EPA may delay the discharge authorization date for further
review, or may deny coverage under this permit and require submission of an application for an individual NPDES
permit, as detailed in Part 1.8. In these instances, EPA will notify you in writing of the delay or the request for
submission of an individual NPDES permit application. If EPA requires an individual permit for an existing vessel
previously covered by this general permit, EPA will allow the permittee a reasonable amount of time to obtain
individual permit coverage before their general permit coverage terminates.

1.5.1.2 Vessels Not Required to Submit Notices of Intent (NOIs)

If your vessel is less than 300 gross tons and your vessel does not have the capacity to
hold or discharge more than 8 cubic meters (2113 gallons) of ballast water, you do not need to
submit an NOI; you automatically receive coverage under this permit and are authorized to
discharge in accordance with the conditions set forth within.

1.5.2 Continuation of this Permit

If this permit is not reissued or replaced prior to the expiration date, it will be
administratively continued in accordance with section 558(c) of the Administrative Procedure
Act (5 U.S.C. 558(c)) and EPA’s implementing regulations at 40 CFR 122. 6 and remain in force
and effect for discharges that were covered prior to expiration. If you were granted permit
coverage prior to the expiration date, you will automatically remain covered by this permit until
the earliest of:

• Your authorization for coverage under a reissuance or replacement of this permit,


following your timely and appropriate submittal of a complete NOI requesting
authorization to discharge under the new permit and compliance with the requirements of
the new permit; or
• Your submittal of a Notice of Termination; or

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• Issuance of a new general permit that covers your vessel discharges or vessel type and
provides you coverage without requiring you to submit a Notice of Intent to obtain
coverage; or
• Issuance or denial of an individual permit for the vessel’s discharges; or
• A formal permit decision by EPA not to reissue this general permit, at which time EPA
will identify a reasonable time period for covered dischargers to seek coverage under an
alternative general permit or an individual permit. Coverage under this permit will cease
at the end of this time period.

1.6 Terminating Coverage

1.6.1 Terminating Coverage for Vessels Required to Submit a Notice of Intent (NOI)

1.6.1.1 Submitting a Notice of Termination (NOT)

If you wish to terminate coverage under this permit, and you were required to file an
NOI, you must submit your Notice of Termination in accordance with Part 11. If you were
required to file an NOI by section 1.5.1, you may use the eNOI system to file your Notice of
Termination, available at www.epa.gov/npdes/vessels/eNOI. Your authorization to discharge
under this permit terminates at 11:59 pm on the day that a complete Notice of Termination is
processed and posted on EPA’s website (www.epa.gov/npdes/vessels/eNOI). If you submit a
Notice of Termination without meeting at least one of the conditions identified in Part 1.6.1.2,
then your Notice of Termination is not valid. You will continue to be responsible for discharges
from your vessel until you have submitted a valid Notice of Termination and it is posted on
EPA’s website, unless permit coverage is terminated without a NOT pursuant to Part 1.8.

1.6.1.2 When to Submit a Notice of Termination

If you were required to submit an NOI by section 1.5.1, in order to be released from the
requirements of this permit, you must submit a NOT within 30 days after one or more of the
following conditions have been met:

• 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; or
• You have obtained coverage under an individual or alternative general permit for all
discharges required to be covered by an NPDES permit, unless you were directed to
obtain this coverage by EPA in accordance with Part 1.8.

1.6.2 Terminating Coverage for Vessels not Required to Submit a Notice of Intent (NOI)

For vessels that are not required to submit an NOI under Part 1.5.1.2, termination of
coverage is automatic if any of the following conditions are met:

• A new owner or operator has taken over responsibility for the vessel; or

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• You have permanently ceased operating the vessel in waters subject to this permit and
there are no longer vessel discharges; or
• You have obtained coverage under an individual or alternative general permit for all
discharges required to be covered by an NPDES permit.

1.7 Certification

The NOI, NOT, and any reports (including any monitoring data) 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.”

All other documentation required under this permit must be signed and dated by the
person preparing the documentation.

1.8 Alternative Permits

1.8.1 EPA Requiring Coverage under an Alternative Permit

Pursuant to 40 CFR section 122.28(b)(3), EPA may require you to apply for an individual
NPDES permit or an alternative NPDES general permit. Any interested person may petition EPA
to take action under this paragraph. If EPA requires you to apply for an individual NPDES
permit, EPA will notify you in writing that a permit application is required. This notification will
include a brief statement of the reasons for this decision and will provide application
information. In addition, if you are an existing permittee authorized to discharge under this
permit, the notice will set a deadline to file the permit application, and will include a statement
that on the effective date of the individual NPDES permit, or the alternative general permit as it
applies to you, coverage under this general permit will terminate. EPA may grant additional time
to submit the application if you request it. If you are covered under this permit and fail to submit
an individual NPDES permit application as required by EPA, then your coverage under this
permit is terminated at midnight on the day specified by EPA as the deadline for application
submittal. In addition, if EPA denies your application for an individual NPDES permit, you are
also not authorized to discharge under this general permit. EPA may take enforcement action for
any unpermitted discharge.

When an individual NPDES permit is issued to you or you are authorized to discharge
under an alternative NPDES general permit, your coverage under this permit is terminated on the
effective date of the individual permit or the date of authorization of coverage under the

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alternative general permit. In this case (where EPA requires you to obtain coverage under an
individual or alternative general permit), you are not required to file a Notice of Termination as
discussed above.

1.8.2 Permittee Requesting Coverage under an Alternative Permit

You may request to be excluded from coverage under this general permit by applying for
an individual permit. In such a case, you must submit an individual permit application in
accordance with the requirements of 40 CFR 122.21 with reasons supporting the request, to EPA
at the appropriate EPA Regional Office(s) listed in Part 13 of this permit, no later than 90 days
after March 31, 2009. The request may be granted by issuance of an individual permit or
authorizing coverage under an alternative general permit if your reasons are adequate to support
the request. A source excluded from this general permit solely because it already has an
individual permit may request that the individual permit be revoked, and that it be covered by
this general permit. Upon revocation of the individual permit, the general permit shall apply to
the source.

When an individual NPDES permit is issued to you or you are authorized to discharge
under an alternative NPDES general permit, your authorization to discharge under this permit is
terminated on the effective date of the individual permit or the date of authorization of coverage
under the alternative general permit.

1.9 Permit Reopener Clause

1.9.1 Procedures for Modification or Revocation

Permit modification or revocation will be conducted according to 40 CFR 122.62,


122.63, 122.64, and 124.5.

1.9.2 Water Quality Protection

EPA may require you to obtain an individual permit in accordance with Part 1.8 of this
permit for cause. This may happen, for example, if there is evidence that the discharges
authorized by this permit cause, have the reasonable potential to cause or contribute to an
excursion above any applicable water quality standard. Similarly, EPA may modify this permit
to include different limitations and/or requirements for cause.

1.9.3 Timing of Permit Modification

EPA may elect to modify the permit prior to its expiration (rather than waiting for a new
permit cycle) to comply with any new statutory or regulatory requirements, such as for effluent
limitation guidelines, that may be promulgated in the course of the current permit cycle.
Furthermore, EPA may modify the permit if new pollution control technologies for vessels or
discharge types become available.

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1.10 Severability

Invalidation of a portion of this permit does not necessarily render the whole permit
invalid. EPA’s intent is that the permit remains in effect to the extent possible; in the event that
any part of this permit is invalidated, EPA will advise the regulated community as to the effect of
such invalidation.

1.11 State Laws

Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any
applicable state law or regulation under authority preserved by section 510 of the Clean Water
Act.

1.12 Federal Laws

Nothing in this permit shall be construed to affect, supersede, or relieve the vessel owner
or operator of any otherwise applicable requirements or prohibitions under other provisions of
Federal law or regulations.

1.13 Standard Permit Conditions

As provided by the introductory text of 40 CFR 122.41 and the regulation at 40 CFR
122.43(c), all of the standard permit conditions published in federal regulations at 40 CFR
122.41 (2008) are hereby incorporated by reference.

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2. Effluent Limits and Related Requirements


In the limits below and throughout this permit, the term “minimize” means reduce and/or
eliminate to the extent achievable using control measures (including best management practices)
that are technologically available and economically practicable and achievable in light of best
marine practice.

You may not add any constituents to any discharge that are not incidental to the normal
operation of a vessel.

You may not dilute discharges eligible for coverage under this permit prior to their
discharge in order to meet limits set forth in this permit.

2.1 Technology-based Effluent Limits and Related Requirements Applicable to all


Vessels

You are required to meet the following effluent limits, regardless of the type of vessel
you own or operate:

2.1.1 Material Storage

For cargoes or other onboard materials which might wash overboard or dissolve as a
result of contact with precipitation or surface water spray, or which may be blown overboard by
air currents, minimize the amount of time these items are exposed to such conditions. Locate
storage areas on the vessel for such items in covered areas where feasible and consistent with any
applicable regulations promulgated by the Secretary of the Department in which the Coast Guard
is operating that establish specifications for safe transportation, handling, carriage, and storage of
pollutants (see Part 2.1.5). If water draining from storage areas comes in contact with oily
materials, you must:

• Use dry cleanup methods or absorbents to clean up the wastewater;


• Store the water for onshore disposal;
• Run the water through an oily water separator when so required by Coast Guard
regulations, or if not subject to such requirement, use other effective methods to comply
with Part 2.1.4 of this permit to prevent the discharge into waters subject to this permit of
any oils, including oily materials, in quantities which may be harmful as defined in 40
CFR Part 110.

2.1.2 Toxic and Hazardous Materials

Where consistent with vessel design and construction, you must locate toxic and
hazardous materials in protected areas of the vessel unless the master determines this would
interfere with essential vessel operations or safety of the vessel or doing so would violate any
applicable regulations promulgated by the Secretary of the Department in which the Coast Guard
is operating that establish specifications for safe transportation, handling, carriage, and storage of
pollutants (see Part 2.1.5). Any discharge which is made for safety reasons must be documented

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as part of the requirements in Part 4.2. This includes ensuring that toxic and hazardous materials
are in appropriate sealed containers constructed of a suitable material, labeled, and secured.
Containers must not be overfilled and incompatible wastes should not be mixed. Exposure of
containers to ocean spray or precipitation must be minimized. Jettisoning of containers holding
toxic or hazardous material is not authorized by this permit.

2.1.3 Fuel Spills/Overflows

Fuel spills or overflows must not result in a discharge of oil in quantities that may be
harmful, pursuant to 40 CFR Part 110. You must conduct all fueling operations using control
measures and practices designed to minimize spills and overflows and ensure prompt
containment and cleanup if they occur. Vessel operators must not overfill fuel tanks. For vessels
with interconnected fuel tanks, fueling must be conducted in a manner that prevents overfilling
and release from the system to the environment.

Vessels with air vents from fuel tanks must use spill containment or other methods to
prevent or contain any fuel or oil spills. Large scale fuel spills or overflows are not incidental to
the normal operation of the vessel and are not authorized by this permit.

The following requirements apply to fueling of auxiliary vessels such as lifeboats, tenders
or rescue boats deployed from “host” vessels subject to this permit:

• While fueling, examine the surrounding water for the presence of a visible sheen. If a
visible sheen is observed, as a result of your fueling, it must be cleaned up immediately.
• It is important to know the capacity of the fuel tanks before you begin fueling in order to
prevent unintentionally overfilling the tank.
• Prevent overfilling and do not top off your fuel tanks.
• When possible, fill fuel tanks while boat is on shore or recovered from the water.
• When possible, fill portable tanks on shore or on the host vessel, not on the auxiliary
vessel.
• Use an oil absorbent material or other appropriate device while fueling the auxiliary
vessel to catch drips from the vent overflow and fuel intake.
• Regularly inspect the fuel and hydraulic systems for any damage or leaks.

Owner/operators shall ensure that any crew responsible for conducting fueling operations
are trained in methods to minimize spills caused by human error and/or the improper use of
equipment.

2.1.4 Discharges of Oil Including Oily Mixtures

All discharges of oil, including oily mixtures, from ships subject to Annex I of the
International Convention for the Prevention of Pollution from Ships as implemented by the Act
to Prevent Pollution from Ships and U.S. Coast Guard regulations found in 33 CFR 151.09
(hereinafter referred to as “MARPOL vessels”) must have concentrations of oil less than 15 parts

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per million (ppm) (as measured by EPA Method 1664 or other appropriate method for
determination of oil content as accepted by the International Maritime Organization (IMO) (e.g.
ISO Method 9377) or U.S. Coast Guard) before discharge. All MARPOL vessels must have a
current International Oil Pollution Prevention Certificate (IOPP) issued in accordance with 33
CFR 151.19 or 151.21. All other discharges of oil including oily mixtures must not contain oil in
quantities that may be harmful, pursuant to 40 CFR Part 110.

2.1.5 Compliance with other Statutes and Regulations

As required by 40 C.F.R 122.44(p), you must comply with any applicable regulations
promulgated by the Secretary of the Department in which the Coast Guard is operating, that
establish specifications for safe transportation, handling, carriage, and storage of pollutants.

Any discharge from your vessel must comply with sections 311 (33 U.S.C. 1321) of the
Federal Water Pollution Control Act (the Clean Water Act), the Act to Prevent Pollution from
Ships (APPS 33 USC §§ 190-1915), the National Marine Sanctuaries Act, (16 U.S.C. 1431 et
seq.) and implementing regulations found at 15 CFR Part 922 and 50 CFR Part 404, the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. § 136 et seq.), and the Oil
Pollution Control Act (OPA ’90, 33 U.S.C. § 2701-2720).

The US Code of Federal Regulations containing these provisions can be found at:
www.gpoaccess.gov/ECFR.

2.2 Technology-based Effluent Limits and Related Requirements for Specific Discharge
Categories

2.2.1 Deck Washdown and Runoff and Above Water Line Hull Cleaning

Vessel owner/operators must minimize the introduction of on-deck debris, garbage,


residue and spill into deck washdown and runoff discharges. When required by their class
societies (e.g., oil tankers), their flag Administrations, or the U.S. Coast Guard, vessels must be
fitted with and use perimeter spill rails and scuppers to collect the runoff for treatment. Where
feasible, machinery on deck must have coamings or drip pans to collect any oily water from
machinery and prevent spills. The drip pans must be drained to a waste container for proper
disposal and/or periodically wiped and cleaned. The presence of floating solids, visible foam,
halogenated phenol compounds, and dispersants, or surfactants in deck washdowns must be
minimized. Vessel operators must minimize deck washdowns while in port.

Vessel operators must maintain their topside surface and other above water line portions
of the vessel to minimize the discharge of rust (and other corrosion by-products), cleaning
compounds, paint chips, non-skid material fragments, and other materials associated with
exterior topside surface preservation. Furthermore, vessel owner/operators must minimize
residual paint droplets from entering waters subject to this permit whenever they are conducting
maintenance painting. Possible minimization techniques include, but are not limited to, avoiding
paint spraying in windy conditions or avoiding overapplication of paint. This permit does not
authorize the disposal of unused paint into waters subject to this permit.

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If deck washdowns or above water line hull cleaning will result in a discharge, they must
be conducted with non-toxic and phosphate free cleaners and detergents. Furthermore, cleaners
and detergents should not be caustic or only minimally caustic and should be biodegradable.

2.2.2 Bilgewater

All bilgewater discharges must be in compliance with the regulations in 40 CFR Parts
110 (Discharge of Oil), 116 (Designation of Hazardous Substances), and 117 (Determination of
Reportable Quantities for Hazardous Substances) and 33 CFR §151.10 (Control of Oil
Discharges). In addition:

• Vessel operators may not use dispersants, detergents, emulsifiers, chemicals or other
substances to remove the appearance of a visible sheen in their bilgewater discharges.
• Except in the case of flocculants or other required additives (excluding any dispersants or
surfactants) used to enhance oil/water separation during processing (after bilgewater has
been removed from the bilge), vessel operators may not add substances that drain to the
bilgewater that are not produced in the normal operation of a vessel. The use of oil
solidifiers, flocculants, or other required additives are allowed only as part of an oil water
separation system provided they do not alter the chemical make-up of the oils being
discharged and they are not discharged into waters subject to this permit. Routine
cleaning and maintenance activities associated with vessel equipment and structures are
considered to be normal operation of a vessel if those practices fall within normal marine
practice.
• All vessels must minimize the discharge of bilgewater into waters subject to this permit.
This can be done by minimizing the production of bilgewater, disposing of bilgewater on
shore where adequate facilities exist, or discharging into waters not subject to this permit
(i.e., more than 3 nautical miles (nm) from shore) for vessels that regularly travel into
such waters. Though not regulated under this permit, EPA notes that discharges of
bilgewater outside waters subject to this permit (i.e. more than 3 nm from shore) are
regulated under Annex I of the International Convention for the Prevention of Pollution
from Ships as implemented by the Act to Prevent Pollution from Ships and U.S. Coast
Guard regulations found in 33 CFR 151.09.
• Vessels greater than 400 gross tons shall not discharge untreated oily bilgewater into
waters subject to this permit.
• Vessels greater than 400 gross tons that regularly sail outside the territorial sea (at least
once per month) shall not discharge treated bilgewater within 1 nm of shore if
technologically feasible (e.g. holding would not impact safety and stability, would not
contaminate other holds or cargo, would not interfere with essential operations of the
vessel). Any discharge which is not technologically feasible to avoid must be
documented as part of the requirements in Part 4.2.
• Vessels greater than 400 gross tons shall not discharge treated bilgewater into waters
referenced in Part 12.1 unless the discharge is necessary to maintain the safety and
stability of the ship. Any discharge of bilgewater into these waters must be documented
as part of the recordkeeping requirements in Part 4.2 and vessel operators must document
whether this bilgewater discharge was made for safety reasons.

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• For vessels greater than 400 gross tons that regularly sail outside the territorial sea (at
least once per month), if treated bilgewater is discharged into waters subject to this
permit, it must be discharged when vessels are underway (sailing at speeds greater than 6
knots), unless doing so would threaten the safety and stability of the ship. EPA notes that
vessel operators may also choose to dispose of bilgewater on shore where adequate
facilities exist. Any discharge which is made for safety reasons must be documented as
part of the requirements in Part 4.2.

2.2.3 Discharges of Ballast Water

All discharges of ballast water must comply with the Coast Guard regulations found in 33
CFR Part 151. Vessels that operate solely within one Captain of the Port (COTP) zone are
exempt from certain requirements, as described in 33 CFR 151.2010(b). Additionally,
owner/operators of all vessels subject to coverage under this permit which are equipped with
ballast tanks must comply with any additional BMPs in this section.

All discharges of ballast water may not contain oil, noxious liquid substances (NLSs), or
hazardous substances in a manner prohibited by U.S. laws, including section 311 of the Clean
Water Act.

2.2.3.1 Training

All owner/operators of vessels equipped with ballast water tanks must train the master,
operator, person-in-charge, and crew members who actively take part in the management of the
discharge or who may affect the discharge, on the application of ballast water and sediment
management and treatment procedures.

2.2.3.2 Ballast Water Management Plans

All owner/operators of vessels equipped with ballast water tanks must maintain a ballast
water management plan that has been developed specifically for the vessel that will allow those
responsible for the plan’s implementation to understand and follow the vessel’s ballast water
management strategy. Owner/operators must make that plan available upon request to any EPA
representative. Vessel owner/operators must assure that the master and crew members who
actively take part in the management of the discharge or who may affect the discharge
understand and follow the management strategy laid out in the plan.

EPA notes that these plans are being imposed as “conditions to assure compliance” with
effluent limitations under CWA 402(a)(2) and 40 CFR 122.43(a).

2.2.3.3 Mandatory and Suggested Ballast Water Management Practices

Masters, owners, operators, or persons-in-charge of all vessels equipped with ballast


water tanks that operate in waters of the U.S. must:

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• Avoid the discharge of ballast water into waters subject to this permit that are within or
that may directly affect marine sanctuaries, marine preserves, marine parks, shellfish
beds, or coral reefs or other waters listed in Part 12.1.
• Minimize or avoid uptake of ballast water in the following areas and situations:
– Areas known to have infestations or populations of harmful organisms and pathogens
(e.g., algal blooms).
– Areas near sewage outfalls.
– Areas near dredging operations.
– Areas where tidal flushing is poor or when a tidal stream is known to be more turbid.
– In darkness when bottom dwelling organisms may rise up in the water column.
– In shallow water or where propellers may stir up the sediment.
– Areas with pods of whales, convergence zones and boundaries of major currents
• Clean ballast tanks regularly to remove sediments in mid-ocean or under controlled
arrangements in port or at dry dock.
• No discharge of sediments from cleaning of ballast tanks is authorized in waters subject
to this permit.
• Discharge only the minimal amount of ballast water essential for vessel operations while
in the waters subject to this permit.

Suggested control measures to minimize the discharge of ballast water include, but are
not limited to, transferring ballast water between tanks within the vessel in lieu of ballast water
discharge. Another option for minimizing the potential for spread of aquatic nuisance species
(ANS) via ballast water discharges might be using treated graywater (only in areas where treated
graywater may be discharged) for those vessels that generate substantial quantities of graywater
(e.g. cruise ships). Yet another option is to use potable water for ballast.

2.2.3.4 On-shore Treatment of Ballast Water

For those vessels whose design and construction safely allows for the transfer of ballast
water to shore, if compatible onshore treatment for ballast water is available and economically
practicable and achievable, the vessel owner/operator must use this treatment for any ballast
water discharges, unless they use an onboard ballast water treatment system approved by the
Commandant of the Coast Guard. If vessels use on-shore treatment at one port, and they will not
discharge ballast water into any other waters subject to this permit for their entire duration in
waters subject to this permit, then it is not necessary to meet the requirements of 2.2.3.5, 2.2.3.6,
2.2.3.7, and 2.2.3.8.

2.2.3.5 Requirements for Ocean Going Voyages While Carrying Ballast Water

Any vessels that carry ballast water that was taken on in areas less than 200 nautical
miles from any shore that will subsequently operate beyond the Exclusive Economic Zone (EEZ)
and more than 200 nm from any shore must carry out an exchange of ballast water for any tanks
that will discharge ballast water into waters subject to this permit unless the vessel meets one of
the exemptions in Part 2.2.3.11.

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This exchange must be conducted in compliance with the following standards prior to
discharging ballast water into waters subject to this permit:

• The exchange must occur in waters beyond the U.S. EEZ;


• The exchange must occur in an area more than 200 nautical miles from any shore;
• The exchange must be commenced as early in the vessel voyage as possible, as long as
the vessel is more than 200 nm from any shore.

2.2.3.6 Vessels Carrying Ballast Water Engaged in Pacific Nearshore Voyages

Unless the vessel meets one of the exemptions in Part 2.2.3.11, any vessel engaged in
Pacific nearshore voyages that carry ballast water that was taken on in areas less than 50 nautical
miles from any shore must carry out an exchange of ballast water in accordance with this Part
before discharging from any tanks that carry ballast water into waters subject to this permit if the
vessel travels through more than one COTP zone as listed in 33 CFR Part 3 or the vessel crosses
international boundaries.

Vessels engaged in Pacific nearshore voyages are:

• Vessels engaged in the Pacific coastwise trade and vessels transiting between Pacific
ports that travel between more than one Captain of the Port Zone, and
• All other vessels that sail from foreign, non-U.S Pacific, Atlantic (including the
Caribbean Sea), or Gulf of Mexico ports, which do not sail further than 200 nm from any
shore, and that discharge or will discharge ballast water into the territorial sea or inland
waters of Alaska or off the west coast of the continental United States.

Ballast water exchange for vessels subject to this Part must occur in waters more than 50
nautical miles from any shore (US or otherwise), and in waters more than 200 meters deep, prior
to discharging ballast water into waters subject to this permit. Exchange should occur as far from
the shore, major estuary and oceanic river plumes, subsurface physical features (e.g. seamounts),
and known fishery habitats as practicable. Vessels engaged in voyages that take them further
than 200 nm from any shore and who will remain outside 200 nm from for a sufficient period to
conduct exchange, are not allowed to exchange ballast water between 50 and 200 nm from shore
to meet the requirements of Part 2.2.3.5 (unless the master determines that flushing farther than
200 nm from shore would interfere with essential vessel operations or safety of the vessel but the
master determines that the vessel is able to safely flush more than 50 nm from shore) and instead,
must conduct exchange more than 200 nm from shore in accordance with Part 2.2.3.5 of this
permit. For vessels engaged in the coastwise trade who are not outside 200 nm for a sufficient
period to conduct exchange, they may conduct exchange outside 50 nm (even if they voyage
beyond 200 nm) to meet the requirements of this permit.

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2.2.3.7 Vessels with any Ballast Water Tanks that are Empty or have Unpumpable Residual
Water

For vessels that travel between more than one COTP Zone while undertaking voyages
described in Part 2.2.3.5 and which either reported No Ballast on Board (NOBOB) in accordance
with Coast Guard regulations or which have any ballast water tank that is empty or contains
unpumpable residual water, you must follow the applicable requirements in Part 2.2.3.5 for those
tanks with ballast water. For those tanks which are empty or contain unpumpable residual water,
you must either seal the tank so that there is no discharge or uptake and subsequent discharge of
ballast water within waters subject to this permit or conduct saltwater flushing of such tanks in
an area 200 nautical miles from any shore prior to the discharge or uptake and subsequent
discharge of any ballast water to any U.S. waters subject to this permit, unless you meet one of
the exemptions in Part 2.2.3.11. For the purposes of Part 2.2.3.7, saltwater flushing means the
addition of mid-ocean water to empty ballast water tanks; the mixing of the added water with
residual ballast water and sediment through the motion of the vessel; and the discharge of the
mixed water until loss of suction, such that the resulting residual water remaining in the tank has
either a salinity greater than or equal to 30 parts per thousand (ppt) or a salinity concentration
equal to the ambient salinity of the location where the uptake of the added water took place. In
order to conduct saltwater flushing, the vessel should take on as much mid-ocean water into each
tank as is safe (for the vessel and crew).

For all vessel owner/operators subject to this section that contain some empty ballast
water tanks and some full ballast water tanks, if you elect to seal those empty tanks, you must not
allow water that will be discharged into waters subject to this permit to commingle with waters
from the empty tanks if you have not conducted saltwater flushing as specified above.

2.2.3.8 Vessels Engaged in Pacific Nearshore Voyages with Unpumpable Ballast Water and
Residual Sediment (including NOBOBs)

Unless the vessel meets one of the exemptions in Part 2.2.3.11, any vessel engaged in
Pacific Nearshore Voyages as defined in Part 2.2.3.6 which the owner/operator has reported as
having No Ballast on Board in accordance with Coast Guard regulations, or which have any
ballast water tank that is empty or contains unpumpable residual water, must follow the
applicable requirements in Part 2.2.3.6 for those tanks with ballast water and Part 2.2.3.8.1 for
those tanks which are empty or contain unpumpable residual water.

2.2.3.8.1 Nearshore Saltwater Flushing Requirements

For those tanks which are empty or contain unpumpable residual water, you must either
seal the tank so that there is no discharge or uptake and subsequent discharge of ballast water
within waters subject to this permit or conduct saltwater flushing of such tanks in an area 50
nautical miles from any shore and in waters at least 200 meters deep prior to the discharge or
uptake and subsequent discharge of any ballast water to or from any waters subject to this
permit. For purposes of Part 2.2.3.8, saltwater flushing means the addition of water from the
“coastal exchange zone” to empty ballast water tanks; the mixing of the flush water with residual
water and sediment through the motion of the vessel; and the discharge of the mixed water, such
that the resulting residual water remaining in the tank has either a salinity greater than or equal to

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30 parts per thousand (ppt) or a salinity concentration equal to the ambient salinity of the
location where the uptake of the added water took place. In order to conduct saltwater flushing,
the vessel should take on as much coastal exchange zone water into each tank as is safe (for the
vessel and crew). These requirements apply to all vessels carrying ballast water that will enter
any US port in the states of Alaska, California, Oregon, or Washington and that travels through
more than one COTP zone.

Vessels engaged in voyages that take them further than 200 nm from any shore and who
will remain outside 200 nm from for a sufficient period to flush ballast water, are not allowed to
exchange ballast water between 50 and 200 nm from shore to meet the requirements of Part
2.2.3.7 (unless the master determines that flushing farther than 200 nm from shore would
interfere with essential vessel operations or safety of the vessel but the master determines that the
vessel is able to safely flush more than 50 nm from shore) and instead, must conduct flushing
more than 200 nm from shore in accordance with Part 2.2.3.7 of this permit. For vessels engaged
in the coastwise trade who are not outside 200 nm for a sufficient period to conduct flushing,
they may flush outside 50 nm (even if they voyage beyond 200 nm) to meet the requirements of
this permit.

For all vessel owner/operators subject to this section that contain some empty ballast
water tanks and some full ballast water tanks, if you elect to seal those empty tanks, you must not
allow water from the full tanks to commingle with waters from the empty tanks if it will
subsequently be discharged into waters subject to this permit.

2.2.3.9 Vessels Entering the Great Lakes

In addition to complying with the requirements of this permit, all vessels that are
equipped to carry ballast water and enter the Great Lakes must comply with 33 CFR Part 151,
Subpart C titled: “Ballast Water Management for Control of Nonindigenous Species in the Great
Lakes and Hudson River.” Vessels that operate outside the EEZ and more than 200 nm from any
shore and then enter the Great Lakes via the Saint Lawrence Seaway System must also comply
with 33 CFR Part 401.30, which requires oceangoing vessels to conduct saltwater flushing of
ballast water tanks 200 nautical miles from any shore before entering either the U.S. or Canadian
waters of the Seaway System.

2.2.3.10 Discharge Prohibitions

Vessels referenced in Parts 2.2.3.5, 2.2.3.6, 2.2.3.7, and 2.2.3.8 may not discharge
unexchanged or untreated ballast water or sediment in waters subject to this permit referenced in
Part 12.1.

2.2.3.11 Exemptions:

The operator or master of a vessel may elect not to exchange ballast water (or not conduct
saltwater flushing if applicable) if the vessel meets one of the following conditions:

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• The master of the vessel determines, and justifies in writing, and documents in the log or
record book, that it is unsafe to do so, in accordance with the Coast Guard Regulations at
33 CFR 151.2030. If this exemption is claimed, the vessel operator must record the date,
location, and reason for the claim in its recordkeeping documentation.
• The master uses an alternative, environmentally sound method of ballast water
management that has been approved by the Commandant of the Coast Guard prior to the
vessel's voyage in accordance with 33 C.F.R. Part 151.
• The vessel is accepted by the U.S. Coast Guard into the Shipboard Technology
Evaluation Program (STEP), the technology is operated in accordance with requirements
of that program, and the acceptance has not been withdrawn.
• The master retains all ballast water on board the vessel for the duration of the vessel’s
voyage in waters subject to this permit.
• The vessel is not engaged in an international voyage and does not traverse more than one
COTP zone.
• In the case of Pacific nearshore voyages, the vessel need not comply with Parts 2.2.3.6 or
2.2.3.8 of this permit if the ballast water consists of water drawn exclusively from treated
municipal or similar water supplies (e.g. potable water), provided that such ballast water
is not mixed with any ballast water or sediments from other sources.

Additionally, except for vessels entering the Great Lakes, a vessel is not required to
deviate from its voyage, or delay the voyage to conduct ballast water exchange or saltwater
flushing.

2.2.4 Anti-Fouling Hull Coatings

• All anti-fouling hull coatings subject to registration under FIFRA (see 40 CFR 152.15)
must be registered, sold or distributed, applied, maintained, and removed in a manner
consistent with applicable requirements on the coatings’ FIFRA label.
• For anti-fouling hull coatings not subject to FIFRA registration (i.e. not produced for sale
and distribution in the United States), hull coatings must not contain any biocides or toxic
materials banned for use in the United States (including those on EPA’s List of Banned
or Severely Restricted Pesticides). This requirement applies to all vessels, including those
registered and painted outside the United States.

At the time of initial application or scheduled reapplication of anti-fouling coatings, you


must give consideration, as appropriate for vessel class and vessel operations, to the use of hull
coatings with the lowest effective biocide release rates, rapidly biodegradable components (once
separated from the hull surface), or non-biocidal alternatives, such as silicone coatings.

Some ports and harbors are impaired by copper. These waters include Shelter Island
Yacht Basin in San Diego, California and waters in and around the ports of Los Angeles/Long
Beach. A complete list of such waters may be found at www.epa.gov/npdes/vessels. When
vessels spend considerable time in these waters (defined as spending more than 30 days per

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year), or use these waters as their home port (i.e. house boats, ferries or rescue vessels), vessel
owner/operators shall consider using antifouling coatings that rely on a rapidly biodegradable
biocide or another alternative rather than copper based coatings. If after consideration of
alternative biocides, vessel operators continue to use copper based antifoulant paints, they must
document in their recordkeeping documentation how this decision was reached.

The discharge of Tributyltin (TBT) or any other organotin compound is prohibited by this
permit. Therefore, vessel operators covered by this permit have a zero discharge standard for
TBT or any other organotin compound. You may not use an antifoulant coating containing TBT
or any other organotin compound. If the vessel has previously been covered with a hull coating
containing TBT or any other organotin compound, vessels must be effectively overcoated so that
no TBT or other organotin leaches from the vessel hull or the TBT or other organotin coating
must have been removed from the vessel’s hull.

2.2.5 Aqueous Film Forming Foam (AFFF)

Discharges of AFFF are authorized for emergency purposes when needed to ensure the
safety and security of the vessel and her crew.

For all vessels that sail outside of the territorial sea more than once per month,
maintenance and training discharges of fluorinated AFFF are not authorized within waters
subject to this permit (any such discharges should be collected and stored for onshore disposal or
scheduled when the vessel is outside such waters). Discharge volumes associated with regulatory
certification and inspection must be minimized and a substitute foaming agent (i.e. non-
fluorinated) must be used if possible within waters subject to this permit.

For vessels that do not leave the territorial sea more than once per month, if maintenance
and training discharges are required, AFFF must be collected and stored for onshore disposal if
technologically feasible unless the vessel uses non-fluorinated or alternative foaming agent. For
those vessels for which it is not technologically feasible to collect and store the fluorinated AFFF
foam, vessel owner/operators must limit the discharge to that amount necessary to conduct
legally required tests. Training should be conducted as far from shore as is practicable.
Maintenance and training discharges are not allowed in port.

For all vessels, AFFF discharges may not occur in or within 1 nm of a water referenced in
Part 12.1 unless they are discharged:

• For emergency purposes,


• By rescue vessels such as fireboats for firefighting purposes,
• By vessels owned or under contract to do business exclusively in or within 1 nm of those
protected areas by the United States government or state or local governments.

If AFFF discharge occurs in waters in Part 12.1 for emergency purposes, a written
explanation must be kept in the ship’s log or other vessel recordkeeping documentation
consistent with Part 4.2 of this permit.

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2.2.6 Boiler/Economizer Blowdown

Minimize the discharge of boiler/economizer blowdown in port if chemicals or other


additives are used to reduce impurities or prevent scale formation. For vessels greater than 400
gross tons which leave the territorial sea at least once per week, boiler/economizer blowdown
may not be discharged in waters subject to this permit, unless:

• The vessel remains within waters subject to this permit for a longer period than the
necessary duration between blowdown cycles,
• The vessel needs to conduct blowdown immediately before entering drydock, or
• For safety purposes.

For all vessels, boiler/economizer blowdown may not be discharged in waters referenced
in Part 12.1 except for safety purposes. Furthermore, boiler/economizer blowdown should be
discharged as far from shore as practical.

2.2.7 Cathodic Protection

Cathodic protection must be maintained to prevent the corrosion of the ship’s hull. The
discharge of zinc, magnesium, and aluminum are expected from properly functioning cathodic
protection sacrificial electrodes. However, vessel operators must minimize the flaking of large,
corroded portions of these anodes. Sacrificial anodes must not be used more than necessary to
adequately prevent corrosion of the vessel’s hull, sea chest, rudder, and other exposed areas of
the vessel. Vessel operators must appropriately clean and/or replace these anodes in periods of
maintenance (such as drydocking), so that release of these metals to waters is minimized.

Vessel operators should be cognizant that magnesium is less toxic than aluminum, which
is less toxic than zinc. If vessel operators use sacrificial electrodes, they must use the metals that
are less toxic to the extent technologically feasible and economically practicable and achievable.

EPA recommends the use of Impressed Current Cathodic Protection (ICCP) in place of or
to reduce the use of sacrificial electrodes when technologically feasible (e.g. adequate power
sources, appropriate for vessel hull size and design), safe, and adequate to protect against
corrosion, particularly for new vessels. If vessel operators use ICCP, they must maintain
dielectric shields to prevent flaking.

2.2.8 Chain Locker Effluent

The anchor chain must be carefully and thoroughly washed down (i.e., more than a
cursory rinse) as it is being hauled out of the water to remove sediment and marine organisms. In
addition, chain lockers must be cleaned thoroughly during dry docking to eliminate accumulated
sediments and any potential accompanying pollutants. For vessels that regularly sail outside
waters subject to this permit, if technically feasible, periodically clean, rinse, and/or pump out
the space beneath the chain locker prior to entering waters subject to this permit (preferably mid
ocean) if the anchor has been lowered into any nearshore waters. Furthermore, for vessels that
leave waters subject to this permit at least once per month, chain lockers may not be rinsed or

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pumped out in waters subject to this permit, unless not emptying them would compromise safety.
Such a safety claim must be documented in the vessel’s recordkeeping documentation consistent
with Part 4.2.

2.2.9 Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil to Sea
Interfaces including Lubrication Discharges from Paddle Wheel Propulsion, Stern
Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters,
Propulsion Pod Lubrication, and Wire Rope and Mechanical Equipment Subject to
Immersion.

The protective seals on controllable pitch propellers, azimuth thrusters, propulsion pods,
rudder bearings, or any other oil to sea interfaces must be maintained in good operating order to
minimize the leaking of hydraulic oil or other oils. The vessel owner/operator must not discharge
oil in quantities that may be harmful as defined in 40 CFR Part 110 from any oil to sea interface.
If possible, maintenance activities on controllable pitch propellers, thrusters and other oil-to-sea
interfaces should be conducted when a vessel is in drydock.

Minimize maintenance activities on stern tube seals when a vessel is outside of drydock.
If maintenance or emergency repair must occur on stern tubes or other oil-to sea interfaces which
have a potential to release oil in quantities that may be harmful as defined in 40 CFR Part 110,
appropriate spill response resources (e.g. oil booms) must be used to contain any oil leakage.
Operators of the vessel must have ready access to any spill response resources to clean any
potential oil spills.

After applying lubrication to wire rope and mechanical equipment subject to immersion,
wire ropes and other equipment must be thoroughly wiped down to remove excess lubricant.

Owner/operators should use an environmentally preferable lubricant, including vegetable


oil, synthetic ester, or polyalkylene glycol as a base for these applications when feasible. Use of
an environmentally preferable lubricant does not authorize the discharge of any lubricant in a
quantity that may be harmful as defined in 40 CFR Part 110.

2.2.10 Distillation and Reverse Osmosis Brine

Brine from the distillation system and reverse osmosis reject water shall not contain or
come in contact with machinery or industrial equipment (other than that necessary for the
production of potable water), toxic or hazardous materials, or wastes.

2.2.11 Elevator Pit Effluent

Discharges of untreated elevator pit effluent are not authorized within waters subject to
this permit except in cases of emergency. Elevator pit effluent may be discharged into waters
subject to this permit if it is managed with the vessel’s bilgewater and meets all the requirements
of Part 2.2.2 of this permit or it must otherwise be treated with an oily-water separator and
discharged with an oil content below 15 ppm as measured by EPA Method 1664 or other
appropriate method for determination of oil content as accepted by the International Maritime
Organization (IMO) (e.g. ISO Method 9377) or U.S. Coast Guard. Emergency discharges must

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be documented in the ship’s log or other vessel recordkeeping documentation consistent with
Part 4.2.

2.2.12 Firemain Systems

Discharges from firemain systems are authorized for emergency purposes when needed
to ensure the safety and security of the vessel and her crew, other emergency situations, and for
testing and inspection purposes as may be required to assure its operability in an emergency.
Firemain systems may be discharged in port for certification, maintenance, and training
requirements if the intake comes directly from the surrounding waters or potable water supplies
and there are no additions to the discharge. Furthermore, firemain discharges may be discharged
for deck washdown or other secondary uses if the intake comes directly from the surrounding
waters or potable water supplies and the discharge meets all relevant effluent limitation
associated with that activity. When feasible, maintenance and training should be conducted
outside port and/or outside waters subject to this permit.

Do not discharge firemain systems in waters listed in Part 12.1 except in emergency
situations or when washing down the anchor chain to comply with anchor wash down
requirements in Part 2.2.8.

2.2.13 Freshwater Layup

Minimize the amount of disinfection agents used in freshwater layup to the minimum
required to prevent aquatic growth.

2.2.14 Gas Turbine Wash Water

Gas turbine wash water must not be directly discharged within waters subject to this
permit. Where feasible, such washwater must be prevented from commingling with bilgewater
that will be discharged in waters subject to this permit, for example by collecting it separately
and properly disposing of it onshore. Under no circumstances may oils, including oily mixtures,
from gas turbine wash water be discharged in waters subject to this permit in quantities that may
be harmful as determined in accordance with 40 CFR Part 110.

2.2.15 Graywater

All vessels must minimize the discharge of graywater while in port. For those vessels that
cannot store graywater, the owner or operator and their crews should minimize the production of
graywater in port. All vessels that have the capacity to store graywater shall not discharge that
graywater in waters listed in Part 12.1. For vessels that cannot store graywater, vessel operators
must minimize the production of graywater while in waters listed in Part 12.1.

For vessels greater than 400 gross tons that regularly travel more than 1 nm from shore
that have the capacity to store graywater for a sufficient period, graywater must be discharged
greater than 1 nm from shore while the vessel is underway, unless the vessel meets the treatment
standards and other requirements contained under Parts 5.1.1 and 5.1.2 or 5.2.1 and 5.2.2 of this
permit. Additional specific requirements for graywater apply to cruise vessels (Parts 5.1 and 5.2)
and large ferries (Part 5.3).

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Vessels that do not travel more than 1 nm from shore shall minimize the discharge of
graywater and, provided the vessel has available graywater storage capacity, must dispose of
graywater on shore if appropriate facilities are available and such disposal is economically
practicable and achievable unless the vessel meets the treatment standards and other
requirements contained under Parts 5.1.1 and 5.1.2 or 5.2.1 and 5.2.2 of this permit. Minimize
the discharge of graywater when the vessel is not underway.

If graywater will be discharged in waters subject to this permit, the introduction of


kitchen oils must be minimized to the graywater system. When cleaning dishes, you must
remove as much food and oil residue as practicable before rinsing dishes. Oils used in cooking
shall not be added to the graywater system. Oil from the galley and scullery shall not be
discharged in quantities that may be harmful as defined in 40 CFR Part 110.

Vessel owner/operators must use phosphate free and non-toxic soaps and detergents for
any purpose if they will be discharged into waters subject to this permit. These detergents must
be free from toxic or bioaccumulative compounds and not lead to extreme shifts in receiving
water pH.

If you are underway in a nutrient impaired water, or a water that is impaired as a result of
nutrient enrichment (such as waters listed as impaired for phosphorus, nitrogen, or for hypoxia or
anoxia (low dissolved oxygen concentrations)) you must follow these additional steps:

When the vessel has adequate graywater storage capacity, the vessel owner/operator shall
not discharge graywater into nutrient impaired waters subject to this permit (e.g., the Chesapeake
Bay). A complete list of such waters can be found at www.epa.gov/npdes/vessels. Where the
vessel does not have adequate storage capacity to eliminate such discharges, graywater
production and discharge must be minimized in such waters. Any such discharge must be
conducted while the vessel is underway in areas with significant circulation and depth to the
extent feasible. Graywater stored while in such waters can later be disposed of on shore or
discharged in accordance with the other requirements of this permit.

2.2.16 Motor Gasoline and Compensating Discharge

The discharge of motor gasoline and compensating effluent must not have oil in
quantities that may be harmful as defined in 40 CFR 110.3, which includes discharges resulting
in a visible sheen, or an oil concentration that exceeds 15 ppm. Determination of oil
concentration may be measured by EPA Method 1664 or other appropriate method for
determination of oil content as accepted by the International Maritime Organization (IMO) (e.g.
ISO Method 9377) or U.S. Coast Guard. Compliance with the 15 ppm oil concentration
limitation may be established with visual monitoring for an oily sheen. Minimize discharge of
motor gasoline and compensating discharge in port. If an oily sheen is observed, the vessel
operator must deploy appropriate oil containment practices. Vessels shall not discharge motor
gasoline and compensating discharge in waters subject to this permit listed in Part 12.1.

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2.2.17 Non-Oily Machinery Wastewater

If discharged directly overboard, non-oily machinery wastewater must be free from oils
(in quantities that may be harmful pursuant to 40 CFR Part 110) and any additives that are toxic
or bioaccumulative in nature. Non-oily machinery wastewater may also be drained to the bilge.

2.2.18 Refrigeration and Air Condensate Discharge

You must not allow refrigeration and air condensate discharge to come into contact with
oily or toxic materials if it is discharged directly overboard. Refrigeration and air conditioning
condensate that is collected and plumbed for internal recycling (e.g. recycled as “technical
water”) is allowed to commingle with oily water; however, the commingled discharge must meet
all requirements of Part 2.1.4 of this permit and Part 2.2.2 of this permit if applicable.

2.2.19 Seawater Cooling Overboard Discharge (including Non-Contact Engine Cooling


Water; Hydraulic System Cooling Water, Refrigeration Cooling Water)

When possible, seawater cooling overboard should be discharged when the vessel is
underway so that any thermal impacts are dispersed.

To reduce the production and discharge of seawater cooling overboard discharge, EPA
recommends that vessel owner/operators use shore based power when the vessel is in port if:

• Shore power is readily available for vessel owner/operators from utilities or port

authorities,

• Shore based power supply systems are capable of providing all needed electricity

required for vessel operations; and

• The vessel is equipped to connect to shore-based power and such systems are compatible
with the available shore power.

Maintenance of all piping and seawater cooling systems must meet the requirements of
Part 2.2.20 (Seawater-Piping Biofouling Prevention).

2.2.20 Seawater Piping Biofouling Prevention

Seawater piping biofouling chemicals subject to FIFRA registration (see 40 CFR 152.15)
must be used in accordance with their FIFRA label. No pesticides or chemicals banned for use in
the United States may be discharged into waters subject to this permit.

Vessel owner/operators must use the minimum amount of biofouling chemicals needed to
keep fouling under control. Discharges containing active agents must contain as little chlorine as
possible.

Vessel owner/operators must remove fouling organisms from seawater piping on a


regular basis and dispose of removed substances in accordance with local, State, and federal
regulations. Removed fouling organisms shall not be discharged into waters subject to this
permit and EPA recommends that if discharged into waters, should be discharged more than 50

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nm from shore. Vessel owner/operators should remove any organisms while at sea to reduce the
risk of invasive species introduction in ports.

2.2.21 Boat Engine Wet Exhaust

Vessels generating wet exhaust must be maintained in good operating order, well tuned,
and functioning according to manufacturer specifications if available to decrease pollutant
contributions to wet exhaust. Vessel owner/operators should use low sulfur or alternative fuels
for their vessels to reduce the concentration of pollutants in their discharge.

EPA encourages vessel operators to consider four stroke versus two stroke engines for
vessels generating wet exhaust that are covered under this permit. Use of a four stroke engine
may minimize the discharge of pollutants to US waters.

2.2.22 Sonar Dome Discharge

The water inside the sonar dome shall not be discharged within waters subject to this
permit for maintenance purposes. Vessel operators should not use biofouling chemicals that are
bioaccumulative for the exterior of sonar domes when other viable alternatives are available.

2.2.23 Underwater Ship Husbandry Discharges

Vessel owner/operators must minimize the transport of attached living organisms when
they travel into U.S. waters from outside the U.S. economic zone or when traveling between
COTP zones.

Whenever possible, rigorous hull-cleaning activities should take place in drydock, or


another land-based facility where the removal of fouling organisms or spent antifouling coatings
paint can be contained. If water-pressure based systems are used to clean the hull and remove old
paint, use facilities which treat the washwater prior to discharge to remove the antifouling
compound(s) and fouling growth from the washwater.

Vessel owner/operators who remove fouling organisms from hulls while the vessel is
waterborne must employ methods that minimize the discharge of fouling organisms and
antifouling hull coatings. These shall include:

• Selection of appropriate cleaning brush or sponge rigidity to minimize removal of

antifouling coatings and biocide releases into the water column.

• Limiting use of hard brushes and surfaces to the removal of hard growth.
• When available and feasible, use of vacuum control technologies to minimize the release
or dispersion of antifouling hull coatings and fouling organisms into the water column.

Vessel owner/operators must minimize the release of copper based antifoulant paint into
the water column when they clean their vessel. Cleaning of copper based antifoulant paints must
not result in any visible cloud or plume of paint in the water: if a visible cloud or plume of paint
develops, shift to a softer brush or less abrasive cleaning technique. A plume or cloud of paint

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can be noted by the presence of discoloration or other visible indication that is distinguishable
from hull growth or sediment removal. Production of a plume or cloud of sediment or hull
growth is normal in some cases during vessel hull cleaning, but this plume or cloud should be
substantially paint free (e.g. paint should not be clearly identifiable in the plume or cloud).

Vessels that use copper based anti-fouling paint must not clean the hull in copper
impaired waters within the first 365 days after paint application unless there is a significant
visible indication of hull fouling.

2.2.24 Welldeck Discharges

Welldeck discharges that contain graywater from smaller vessels should not be
discharged within waters subject to this permit except in cases of emergency. Welldeck
discharges from washdown of gas turbine engines may not be discharged within waters subject
to this permit. Welldeck discharges from equipment and vehicle washdowns must be free from
garbage and must not contain oil in quantities that may be harmful as defined in 40 CFR Part
110.

2.2.25 Graywater Mixed with Sewage from Vessels

The commingled discharge of graywater mixed with sewage from vessels must comply
with the effluent limits for graywater discharge in Part 2 or Part 5 of this permit if applicable.
Though not a requirement of this permit, vessel owner/operators are advised that all discharges
commingled with sewage must meet the requirements set forth in section 312 of the Clean Water
Act and its implementing regulations found at 40 CFR Part 140 and 33 CFR Part 159. Hence,
discharges of graywater mixed with sewage must meet both standards to be in compliance with
the Clean Water Act.

2.2.26 Exhaust Gas Scrubber Washwater Discharge

Exhaust gas scrubber washwater discharge must not contain oil, including oily mixtures,
in quantities that may be harmful as determined in accordance with 40 CFR Part 110. Sludge
generated from exhaust gas scrubber washwater discharge must not be discharged in waters
subject to this permit. In addition, EPA recommends that owner/operators of vessels with
exhaust gas cleaning systems that result in washwater discharges follow the guidelines set out in
section 10 for Exhaust Gas Cleaning Systems (resolution MEPC.170(57)).

2.3 Water Quality Based Effluent Limits

The requirements in Part 2.3 constitute the water quality-based effluent limitations in this
permit. These water quality-based effluent limitations supplement this permit’s technology-based
limitations in Parts 2.1, 2.2, 2.3.2 and 5 of this permit.

2.3.1 Water Quality-Based Effluent Limitations

Your discharge must be controlled as necessary to meet applicable water quality


standards in the receiving waterbody or another waterbody impacted by your discharges.

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EPA generally expects that compliance with the other conditions in this permit, including
Parts 2.1, 2.2, and 5, will control discharges as necessary to meet applicable water quality
standards. If at any time you become aware, or EPA determines, that your discharge causes or
contributes to an exceedance of applicable water quality standards, you must take corrective
actions as required in Part 3; you must also report the exceedance(s) to EPA as required in Parts
1.13 and 4.4.1.

Additionally, EPA may impose additional water quality-based limitations on a site-


specific basis, or require you to obtain coverage under an individual permit, if information in
your NOI (if applicable), required reports, or from other sources indicates that, after meeting the
water quality-based limitations in this section, your discharges are not controlled as necessary to
meet applicable water quality standards, either in the receiving waterbody or another waterbody
impacted by your discharges. EPA or an authorized representative of EPA may inform vessel
owner/operators of specific requirements via dock side postings at marinas and ports or by
specifically contacting the owner/operator of a vessel.

2.3.2 Dischargers to Water Quality Impaired Waters

Impaired waters or “water quality limited segment[s]” are those which have been
identified by a State or EPA pursuant to Section 303(d) of the CWA as not meeting applicable
State water quality standards. Impaired waters may include both waters with EPA-approved or
EPA-established Total Maximum Daily Loads (TMDLs), and those for which EPA has not yet
approved or established a TMDL.

2.3.2.1 Discharges to Impaired Waters without an EPA-Approved or Established TMDL

If you discharge to an impaired water without an EPA-approved or established TMDL,


you are required to comply with the requirements in Part 2.3.1, including any additional
requirements that EPA may impose pursuant to that section. Note that this provision also applies
to situations where EPA determines that your discharge is not controlled as necessary to meet
water quality standards in another waterbody, even if your discharge is to a receiving water that
is not specifically identified on a Section 303(d) list.

2.3.2.2 Discharges to Impaired Waters with an EPA-Approved or Established TMDL

If you discharge to an impaired water with an EPA-approved or established TMDL and


EPA or state TMDL authorities have informed you that a Waste Load Allocation (WLA) has
been established that applies specifically to your vessel’s discharges, to discharges from vessels
in your vessel class or type, or to discharges from vessels in general if applicable, your discharge
must be consistent with the assumptions and requirements of that WLA. If such a WLA exists,
EPA will inform you if any additional limits or controls are necessary for your discharge to be
consistent with the assumptions of any available WLA in the TMDL, or whether an individual
permit application is necessary in accordance with Part 1.8.1. Note that this provision also
applies to situations where EPA determines that your discharges are covered by the WLA in an
EPA approved or established TMDL for another waterbody, even if your discharge is to a
receiving water that is not specifically identified on a Section 303(d) list.

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If an applicable TMDL exists either individually or categorically for your vessel or vessel
class (including disallowing discharges from your vessel), EPA and/or state TMDL agencies will
inform vessel owner/operators of specific requirements via dock side postings, or by specifically
contacting the owner/operator of a vessel.

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3. Corrective Actions
This corrective action section in no way impairs EPA’s or an authorized representative
acting on EPA’s behalf ability to require remedies to bring vessel owner/operators into
compliance. EPA may take enforcement action to require any remedy necessary to achieve
compliance as quickly as possible, including more stringent time tables than those listed in this
section.

3.1 Problems Triggering the Need for Corrective Action

If any of the following problems are identified, you must take action to ensure that the
problem is eliminated and will not be repeated in the future:

• You violate one or more effluent limits in Part 2 or Part 5 or any other requirement of this
permit, or an inspection or evaluation of your vessel by an EPA official or an official
agent acting on EPA’s behalf determines that modifications to the control measures are
necessary to meet the effluent limit;
• You become aware, or EPA determines, that your measures do not control discharges as
stringently as necessary to meet applicable water quality standards; or
• You find, or EPA determines, that your pollution control measures or best management
practices are not being properly operated and maintained, or are not having the intended
effect in minimizing pollutant discharges.

Problems might be identified through: the routine visual inspections or comprehensive


annual inspections required by this permit under Part 4; any other inspection or evaluation of
your operations by you, a government official, or anyone else; or through any other means.

3.2 Corrective Action Assessment

Following the identification of any of the problems listed in Part 3.1, you must conduct a
corrective action assessment into the nature, cause, and potential options for eliminating these
problems. The assessment must include the following:

• A description of the problem(s) discovered (e.g., the release of untreated ballast water not
meeting the effluent limit, spilling oil in quantities that may be harmful as defined in 40
CFR Part 110), including the date, time and locations on the vessel where it occurred, the
types of impacts observed, and the name, title and signature of the person who identified
the problem and of the person who recorded the problem;
• An explanation of the cause of the problem(s), if known. If unknown at the time of the
assessment, provide an indication of what steps will be taken to determine the cause;
• A description of the corrective actions to be taken necessary to eliminate the problem(s),
and a schedule of activities for completing such actions within the timeframes established
in Part 3.3;
• An indication whether the corrective action requires the vessel to be in dry dock and, if
so, the next planned date the vessel will be drydocked; and

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• Once the corrective action is implemented, record the date(s) and time(s) of the action, a
description of the corrective action implemented, and the name, title and signature of the
person recording this information.

You must retain the findings of your corrective action assessment in your recordkeeping
documentation or in your ship’s log (pursuant to Part 4.2.3), signed and certified in accordance
with Part 1.7 of this permit.

3.3 Deadlines for Eliminating Problem

Compliance with many permit requirements can be accomplished immediately. These


requirements include, but are not limited to housekeeping and certain operation and maintenance
requirements. In these situations, you must return to compliance immediately.

Compliance with some permit requirements may require additional time for the vessel
owner/operator to reasonably correct the problem. The following deadlines apply for eliminating
the problem identified in Part 3.1 depending on the type of corrective action that must be taken:

• Corrective actions that can be accomplished with relatively simple adjustments to your
control measures, using existing personnel and resources, and not requiring the vessel to
be in dry dock: as soon as possible but no later than 2 weeks after the discovery of the
problem, or, if leaving waters subject to this permit, before the expiration of the two-
week period or before re-entering waters subject to this permit, whichever is later;
• Corrective actions that require new parts or the installation of new equipment, not
requiring the vessel to be in dry dock: you must address the underlying cause of the
noncompliance and return to compliance and/or complete necessary repairs no later than
3 months after the discovery of the problem, or, if leaving waters subject to this permit,
before the expiration of the three-month period or before re-entering waters subject to
this permit, whichever is later. However, if completing repairs within 3 months is
impracticable, you must complete repairs as soon as possible after 3 months and
document the reason why more time is needed as part of your corrective action
assessment;
• For corrective actions that require large or comprehensive renovations, alterations, or
repairs to the vessel that can only be achieved while the vessel is in dry dock: you must
address the underlying cause of the noncompliance and return to compliance and/or
complete necessary renovations or repairs prior to re-launching the vessel from dry dock.

3.4 Effect of Corrective Action

The initial occurrence of the problem in Part 3.1 constitutes a violation of the permit.
Conducting the Part 3.2 assessment and correcting the problem according to Part 3.3 does not
absolve you of liability for this original violation. However, failure to comply with Parts 3.2
and/or 3.3 constitutes an additional permit violation. EPA will consider the appropriateness and
promptness of corrective action in determining enforcement responses to permit violations.

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EPA may impose additional requirements and schedules of compliance, including


requirements to submit additional information concerning the condition(s) triggering corrective
action or schedules and requirements more stringent than specified in this permit. Those
requirements and schedules will supersede those of Part 3.3 if such requirements conflict. EPA
may also notify you that an individual permit application is necessary in accordance with Part
1.8.1.

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4. Inspections, Monitoring, Reporting, and Recordkeeping


4.1 Self Inspections and Monitoring

You must conduct the following inspections of your vessel.

4.1.1 Routine Visual Inspections

Conduct routine visual inspections of all areas addressed in this permit, including, but not
limited to cargo holds, boiler areas, machinery storage areas, welldecks, and other deck areas.
Ensure these areas are clear of garbage, exposed raw materials, oil, any visible pollutant or
constituent of concern that could be discharged in any waste stream, and that pollution
prevention mechanisms are in proper working order. At a minimum, the routine inspection must
verify that requirements of Part 2.1 are being met and document any instances of non­
compliance. Routine inspections should be conducted on a schedule that coincides with other
routine vessel inspections if feasible. At least once per week or per voyage, whichever is more
frequent, you must conduct a visual inspection of safely accessible deck and cargo areas and all
accessible areas where chemicals, oils, dry cargo or other materials are stored, mixed, and used,
whether or not the areas have been used since the last inspection. If operators engage in multiple
voyages per day, they need not conduct inspections on every voyage, but must conduct
inspections at least once per day. Furthermore, the inspection should verify whether all
monitoring, training, and inspections are logged according to permit requirements. A ship’s
watch must include visual monitoring of the water around and behind the vessel for visible
sheens, dust, chemicals, abnormal discoloration or foaming, and other indicators of pollutants or
constituents of concern originating from the vessel. Particular attention should be paid to deck
runoff, ballast water, and bilgewater. If you identify or are made aware that pollutants or
constituents of concern are originating from your vessel, you must initiate corrective actions in
Part 3. Vessel owner/operators may conduct these inspections as part of meeting their existing
(or updated) international safety management code (ISM) safety management system (SMS) plan
obligations, provided that those inspections meet the minimum requirements discussed above.

At least once per quarter, you must sample any discharge stream such as bilgewater or
graywater if accessible that is not readily visually inspected, such as effluent streams discharged
below the water line. Inspect the sample for any signs of visible pollutants or constituents of
concern, including discoloration, visible sheens, suspended solids, floating solids, foam, or
changes to clarity. If you discover signs of oil, other pollutants, or other constituents of concern
exceeding the applicable effluent limit, you must record the steps you have taken to prevent the
continued discharge of these pollutants or constituents of concern and what corrective actions
were taken to remediate the problem(s). Sampling of readily visible discharges is not required,
but is recommended if the inspector cannot easily view their discharge characteristics (such as
clarity or discoloration, presence of oily sheens, presence of foams, etc.). The vessel
owner/operator and master are responsible for assuring that all discharges comply with the
effluent limits in Part 2 of this permit and these visible inspections are one such tool a Master or
owner/operator may use.

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4.1.1.1 Documentation of the Routine Vessel Inspection

You must document the findings of each routine vessel inspection in the official ship
logbook or as a component of other recordkeeping documentation referenced in Part 4.2. You
must document the date and time of inspection, ship locations inspected, personnel conducting
the inspection, location of any visual sampling and observations, note any potential problems and
sources of contamination found, and it must be signed by the person conducting the inspection, if
not the Master. The person conducting the inspection must be a signatory under 40 Part 122.22.
A signatory includes the person in charge (e.g. the Master), or his duly authorized representative.
The records of routine visual inspections must be made available to EPA or its authorized
representative upon request. Vessel operators must initiate corrective actions, as required under
Part 3 of this permit, for problems noted in their inspections.

4.1.2 Analytical Monitoring

Analytical monitoring requirements are identified in Part 5 of this permit.

4.1.3 Comprehensive Annual Vessel Inspections

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 this permit that can be inspected without forcing a vessel into drydock. Special
attention should be paid to those areas most likely to result in a discharge likely to cause or
contribute to exceedances of water quality standards or violate effluent limits established in this
permit. Areas that inspectors must examine include, but are not limited to:

• 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.

If any of these portions of the vessel are not inspectable without the vessel entering
drydock, the vessel owner/operator must inspect these areas during their drydock inspection and
their results must be documented in their drydock inspection reports. Furthermore, vessel
owner/operators must document which portions of the vessel are not inspectable for the annual
inspection in their recordkeeping documentation.

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The annual inspections must also include a review of monitoring data collected in
accordance with Part 5 if applicable, and routine maintenance records to ensure that required
maintenance is being performed (e.g., annual tune-ups for small boats that have wet exhaust).
Inspectors must also consider the results of the past year’s visual and analytical monitoring when
planning and conducting inspections.

When comprehensive vessel inspection schedules overlap with routine vessel inspections
required under Part 4.1.1, your annual comprehensive vessel inspection may also be used as one
of the routine inspections, as long as components of both types of inspections are included.

If inspections revealed flaws that would result in a violation of the effluent limits in Parts
2 and 5, or that indicated that control measures are not functioning as anticipated or are in need
of repair or upgrade, you must take corrective action to resolve such flaws in accordance with
Part 3. You must record all results from your annual inspection in your vessel’s recordkeeping
documentation or logbook.

4.1.4 Drydock Inspection Reports

Vessel owner/operators must make any drydock reports prepared by the class society or
their flag administrations available to EPA or an authorized representative of EPA upon request.
If you do not have a drydock report from either of these entities, you must prepare your own
drydock report and it must be made available to EPA or an authorized representative of EPA
upon request. The drydock report must note that:

• The chain locker has been cleaned for both sediment and living organisms,
• The vessel hull, propeller, rudder, thruster gratings, sea chest, and other surface areas of
the vessel have been inspected for attached living organisms and those organisms have
been removed or neutralized,
• Any antifoulant hull coatings have been applied, maintained and removed consistent with
the FIFRA label if applicable; any exposed existing or any new coating does not contain
biocides or toxics that are banned for use in the United States,
• For all cathodic protection, anodes or dialectic coatings have been cleaned and/or

replaced to reduce flaking, and

• All pollution control equipment is properly functioning.

4.2 Recordkeeping

For all vessels covered by this permit, you must keep written records on the vessel or
accompanying tug that include the following information:

1) Owner/Vessel information
i) Name,
ii) International Maritime Organization (IMO) Number (official number if
IMO number not issued),
iii) Vessel type,

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iv) Owner or operator company name,


v) Owner or operator certifying official’s name,
vi) Address of owner/operator,
vii) Gross tonnage,
viii) Call sign, and
ix) Port of Registry (Flag).

2) Voyage Log. Include the dates and ports of arrival, vessel agent(s), last port and
country of call, and next port and country of call (when known).

3) If you have any violation of any effluent limit, you must document the violation.
You must also record:
i) A description of the violation,
ii) Date of the violation,
iii) Name, title and signature of the person who identified the violation,
iv) Name, title and signature of the person who is recording the violation (if
different from person who identified the violation),
v) If a Corrective Action Assessment pursuant to Part 3.2 is needed, attach a
copy or indicate where the corrective action assessment is stored, and
vi) If a Corrective Action Assessment was previously conducted pursuant to
Part 3.2 (and revisions are not needed for this violation of the effluent
limit), a reference to that previous corrective action assessment.

4) Log of deficiencies and problems found during routine inspections conducted


under Part 4.1.1, including a discussion of any corrective actions required by Part
3 if applicable. Include date, inspector’s name, findings, and corrective actions
planned or taken. If no deficiencies or problems are found during a routine
inspection, record that the inspection was completed with the inspector’s name
and date. Routine visual inspections must be recorded as completed according to
Part 4.1.1.

5) Analytical results of all monitoring conducted under Part 4.1.2, including sample
documentation, results, and laboratory QA documentation.

6) Log of findings from annual inspections conducted under Part 4.1.3, including a
discussion of any corrective actions planned or taken required by Part 3. Include
date, inspector’s name, findings, and corrective actions taken.

7) Record of any specific requirements in Part 2.3 given to your vessel by EPA, or
clearly posted by state agencies and how you have met those requirements.

8) Additional maintenance and discharge information to be recorded and kept in a


log on the vessel.
i) Deck maintenance. Record dates, materials used, application process, etc.
for any significant maintenance of the deck surface(s) (e.g. more than
routine, daily cleaning activities, such as sweeping).

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ii) Bilgewater. Record dates, location, oil concentration (for MARPOL


vessels) or visible sheen observation (non-MARPOL vessels), and
estimated volume of bilgewater discharges. Record the same information
for bilgewater disposed at onshore locations.
iii) Paint application. Record dates, materials used, application process, etc.
for any antifouling paint applied to the vessel.
iv) AFFF. Record dates, estimated volumes, and constituents of any
discharges of AFFF.
v) Chain locker inspections. Dates of inspections and any rinsing conducted
within waters subject to this permit.
vi) Controllable pitch propeller, stern tube, and other oil-to-sea interface
maintenance. Record dates and locations of any maintenance of
controllable pitch propellers that occurs while the vessel is in waters
subject to this permit.
vii) Any emergencies requiring discharges otherwise prohibited to waters
listed in Part 12.1.
viii) Gas Turbine Water Wash. Record dates and estimated volume of any
discharge of gas turbine wash water within waters subject to this permit. If
hauled or disposed onshore, record log hauler and volume.
ix) Estimated volume and location of graywater discharged while in waters
subject to this permit.

9) All other documentation requirements stated in the permit.

10) Record of training completed as required by this permit.

It is not the intention of this permit to require separate records for the Coast Guard and
EPA. Rather, vessels can harmonize their recordkeeping practices, where appropriate, so that
records are not unnecessarily duplicative. For example, information can be logged with
maintenance records, the ship’s log, in existing ISM/SMS plans or recordkeeping, or other
additional recordkeeping documentation as appropriate but must be provided to EPA or its
authorized representative if requested. Operators may choose how these records will be
maintained, but must retain these records on the vessel for a period of 3 years.

Certification of accurate information is required, pursuant to the certification and


signatory requirements referenced in Parts 1.7 of this permit and 40 CFR 122.22. You must
retain copies of all reports, certifications, records, monitoring data, and other information
required by this 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 available to EPA or an
authorized representative from EPA all records kept under this section upon request.

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4.3 Additional Recordkeeping for Vessels Equipped with Ballast Tanks

For vessels equipped with ballast tanks that are bound for a port or place in the United
States, you must meet the recordkeeping requirements of 33 CFR Part 151.

The master, owner, operator, or person in charge of a vessel bound for a port or place in
the United States must keep written records that include the following information:

1) Total ballast water information. Include the total ballast water capacity, total
volume of ballast water on board, total number of ballast water tanks, and total
number of ballast water tanks in ballast. Use units of measurements such as metric
tons (MT), cubic meters (m3), long tons (LT), and short tons (ST).

2) Ballast water management. Include the total number of ballast tanks/holds that are
to be discharged into the waters of the United States or to a reception facility. If
an alternative ballast water management method is used, please note the number
of tanks that were managed using an alternative method, as well as the type of
method used. Indicate whether the vessel has a ballast water management plan
and IMO guidelines on board, and whether the ballast water management plan is
used.

3) Information on ballast water tanks that are to be discharged into waters subject to
this permit or to a reception facility. Include the following:
i) The origin of ballast water. This includes date(s), locations(s) (including
latitude and longitude and port (if relevant)), volume(s), and
temperatures(s). If a tank has been exchanged, list the loading port of the
ballast water that was discharged during the exchange.
ii) The date(s), location(s) (including latitude and longitude), volume(s),
method, thoroughness (percentage exchanged if exchange conducted), sea
height at time of exchange if exchange conducted, of any ballast water
exchanged or otherwise managed.
iii) The expected date, location, volume, and salinity of any ballast water to be
discharged into the waters of the United States or a reception facility.

4) Discharge of sediment. If sediment is to be discharged into a facility within the


jurisdiction of the United States include the location of the facility where the
disposal will take place.

The ballast water reporting forms must be kept on board the vessel and must be submitted
to the National Ballast Information Clearinghouse before arriving to US ports if required by the
US Coast Guard. In addition, all vessels which conduct saltwater flushing as required by Part
2.2.3.7 and Part 2.2.3.8 of the permit, but do not report saltwater flushing to the NBIC, must
instead keep a record of saltwater flushing to meet the requirements of this permit.

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4.4 Reporting

4.4.1 Reporting Noncompliance

You must report all instances of noncompliance with this permit at least once per year to
the regional offices listed in Part 8. Vessel operators must report the noncompliance to the
regional office responsible for the waters in which the noncompliance occurred. If vessels have
multiple occurrences of noncompliance, they must report all noncompliance to the regional
office where either: 1) the greatest number of noncompliance events occurred, or 2) if the same
number of noncompliance events occurred, to the regional office responsible for waters where
the vessel spent the most time.

4.4.2 Reportable Quantities of Hazardous Substances or Oil

Although not a requirement of this permit, if a discharge contains a hazardous substance


or oil in an amount equal to or in excess of a reportable quantity established under 40 CFR 110,
40 CFR 117, or 40 CFR 302, during a 24-hour period, the National Response Center (NRC) must
be notified (dial 800-424-8802 or 202-426-2675 in the Washington, DC area). Also, within 14
calendar days of knowledge of the release, the date and description of the release, the
circumstances leading to the release, responses to be employed for such releases, and measures
to prevent reoccurrence of such releases must be recorded in your recordkeeping documentation
consistent with Part 4.2 of this permit.

Where a discharge of hazardous substances or oil in excess of reportable quantities


occurs, such discharge is not authorized by this permit and may also be a violation of Section
311 of the CWA, 33 USC § 1321. Note that these spills must be reported as described above.
Also applicable are Section 311 of the CWA and certain provisions of Sections 301 and 402 of
the CWA.

4.4.3 Additional Reporting

In addition to the reporting requirements stipulated in Part 4, you are also subject to the
standard permit reporting provisions referenced in Part 1.13.

Where applicable, you must submit the following reports to the appropriate EPA
Regional Office listed in Part 8 as applicable.

• 24-hour reporting – You must report any noncompliance which may endanger health or
the environment. Any information must be provided orally within 24 hours from the time
you become aware of the circumstances;
• 5-day follow-up reporting to the 24-hour reporting – A written submission must also be
provided within five days of the time you become aware of the circumstances.

4.4.4 One-Time Permit Report

For each vessel, owner/operators are required to submit a one-time report between 30
months and 36 months after obtaining permit coverage. This report should take less than 30

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minutes to complete and will assist EPA in developing the next round of general permits
covering vessel discharges. The report form, included in Part 13 of this Permit, will be available
for printing as a file on EPA’s website (www.epa.gov/npdes/vessels within two years of
finalization of this permit, or through EPA’s eNOI system (www.epa.gov/npdes/vessels/eNOI).
Please respond to the questions and submit any necessary data that support your responses. EPA
encourages all owner/operators to submit their reports electronically. If you print out a hard copy
of the report, you may send your completed report to EPA HQ (Attn: Vessel One Time Report,
Mail Code 4203M, 1200 Pennsylvania Ave. NW, Washington, DC 20460)

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5. Vessel Class Specific Requirements


You must comply with Part 5 vessel-specific requirements associated with your vessel
class in addition to any requirements specified elsewhere in this permit.

5.1 Large Cruise Ships (authorized to carry 500 people or more for hire).

The requirements in Part 5.1 apply to vessel discharges from cruise ships providing
overnight accommodations (has onboard sleeping facilities) to passengers authorized to carry
500 people or more for hire.

5.1.1 Additional Effluent Limits

5.1.1.1 Graywater Management

5.1.1.1.1 Graywater Discharge Location and Rate

Pierside Limits – While pierside, appropriate reception facilities for graywater must be
used, if reasonably available unless the vessel treats graywater with a device to meet the
standards in Part 5.1.1.1.2. If such facilities are not reasonably available, you must treat
graywater with a device to meet the standards in Part 5.1.1.1.2 or hold the graywater for
discharge while the vessel is underway and discharge according to the operational limits below.
Appropriate reception facilities are those authorized for use by the port authority or municipality
and that treat the discharge in accordance with its NPDES permit.

Operational Limits – You must meet the following restrictions:

• While operating within 1 nm from shore, discharges of graywater are prohibited unless
they meet the effluent standards in Part 5.1.1.1.2.
• If you operate between 1 nm and 3 nm from shore, discharges of graywater must either:
(1) meet the effluent standards in Part 5.1.1.1.2, or (2) be released while the Cruise Ship
is sailing at a speed of at least 6 knots in a water that is not listed in Part 12.1.

Limits Applicable to Operation in Nutrient Impaired Waters – If you operate in nutrient


impaired waters including the Chesapeake Bay or the territorial Sea surrounding the mouth of the
Mississippi River in the Gulf of Mexico, you must:

• Not discharge any graywater in nutrient impaired waters subject to this permit unless the
length of voyage in that water exceeds the vessel’s holding capacity for graywater; and
• Minimize the discharge of any graywater into nutrient impaired waters subject to this
permit, which may require minimizing the production of graywater; and
• If your vessel’s holding capacity for graywater is exceeded, treat such excess graywater
(above the vessel holding capacity) by a device meeting the standards in Part 5.1.1.1.2
prior to discharge into nutrient impaired waters subject to this permit or
• Dispose of the graywater properly on shore.

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A list of nutrient impaired waters is available at www.epa.gov/npdes/vessels.

5.1.1.1.2 Graywater Treatment Standards

The discharge of treated graywater must meet the following standards:

1) The discharge must satisfy the minimum level of effluent quality specified in 40 CFR
133.102,

2) The geometric mean of the samples from the discharge during any 30-day period may not
exceed 20 fecal coliform/100 milliliters (ml) and not more than 10 percent of the samples
exceed 40 fecal coliform/100 ml, and

3) Concentrations of total residual chlorine may not exceed 10.0 micrograms per liter (µg/l).

5.1.1.1.3 Sculleries and Galleys

Cruise ship owner/operators must use detergents that are phosphate free. Degreasers must
be non-toxic if they will be discharged as part of any waste stream.

5.1.1.1.4 Other Materials

Waste from mercury containing products, dry cleaners or dry cleaner condensate, photo
processing labs, medical sinks or floor drains, chemical storage areas, and print shops using
traditional or non-soy based inks and chlorinated solvents must be prevented from entering the
ship’s graywater, blackwater, or bilgewater systems if water from these systems will ever be
discharged into waters subject to this permit. Preventing these wastes from entering these
systems can be accomplished by plugging all drains that flow to the graywater, blackwater, or
bilge systems in areas where these wastes are produced and creating alternate waste receptacles
or replumbing drains to appropriate holding tanks.

Vessel owner/operators must not discharge any toxic or hazardous materials, including
products containing acetone, benzene, or formaldehyde into salon and day spa sinks or floor
drains if those sinks or floor drains lead to any system which will ever be discharged into waters
subject to this permit. This includes using these materials on passengers (or crew) and rinsing
residuals into these sinks. Alternate waste receptacles or holding tanks must be used for these
materials. Additions of these materials to any systems which will discharge into waters subject to
this permit is a permit violation.

5.1.1.2 Pool and Spa Discharges

Discharges of pool or spa water are not authorized into waters listed in Part 12.1 of this
permit. Discharges from pools and spas are authorized into other waters subject to this permit,
provided they are dechlorinated and/or debrominated, and discharged while the vessel is
underway. To be considered dechlorinated, the total residual chlorine in the pool or spa effluent
must be less than 100µg/l if the pool or spa water is discharged without treatment through an
advanced wastewater treatment system. To be considered debrominated, the total residual

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oxidant in the pool or spa effluent must be below 25µg/l if the pool or spa water is discharged
without going through an advanced wastewater treatment system. Pool and spa water may be
added to the graywater treatment systems, however any resultant discharge must meet all
standards and requirements found in Part 5.1.1.1 and must be debrominated.

5.1.2 Monitoring Requirements

5.1.2.1 Untreated Graywater

The owner/operator must maintain records estimating all discharges of untreated


graywater into waters subject to this permit, including date, location and volume discharged and
speed of the vessel at the time of discharge in their recordkeeping documentation. These records
can be maintained as part of the vessel’s sewage and graywater discharge record book required
under 33 CFR §159.315.

5.1.2.2 Treated Graywater

Prior to entering waters of the U.S., vessel operators must demonstrate that they have an
effective treatment system that complies with the standards in Part 5.1.1.1.2 if they will
discharge graywater:

1) Within 1 nm of shore, or
2) Within 3 nm of shore and sailing less than 6 knots.

5.1.2.2.1 Initial Monitoring

In order to demonstrate the effectiveness of the treatment system, the vessel operator
must take at least five (5) samples taken from the vessel on different days over a 30-day period
that are representative of the treated effluent to be discharged. Initial monitoring must be done
within the first 90 days of permit coverage, within 90 days of AWTS installation onboard the
vessel, or before vessels discharge into waters subject to this permit, whichever is later. Samples
must be taken for biochemical oxygen demand (BOD), fecal coliform, suspended solids, pH, and
total residual chlorine. Sampling and testing shall be conducted according to 40 CFR Part 136. If
the measured samples meet the standards specified in Part 5.1.1.1.2, then the owner/operator has
demonstrated the effectiveness of their treatment system for controlling their graywater
discharge. Records of the sampling and testing results must be retained onboard for a period of 3
years in the vessel’s recordkeeping documentation.

Records of monitoring information shall include:

• The date, exact place, and time of sampling or measurements,


• The individual(s) who performed the sampling or measurements,
• The date(s) analyses were performed,
• The individual(s) who performed the analyses;

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• The analytical techniques or methods used; and


• The results of such analyses.

Analytical results for total residual chlorine below the method detection limit shall be
deemed compliant with the effluent limits, provided the permittee uses a testing method with a
detection limit no higher than 10.0 µg/L under ideal conditions. EPA recommends method
SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L
under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method
that ADEC/USCG uses for compliance monitoring.

Testing and reporting for total residual chlorine is not required if chlorine is not used as
disinfectant in the wastewater treatment works process and no water is drained to the graywater
system from water with onboard chlorine additions (e.g. swimming pools, spas. . .).

If a permittee has already received certification for continuous discharges from AWTS by
the United States Coast Guard to meet the requirements of Section 1411(b) of Title XIV, Pub. L.
106-554 (Dec. 31, 2000, 114 Stat. 2763) [Certain Alaska Cruise Ship Operations] (codified at 33
U.S.C. 1901 note), the vessel need not conduct initial monitoring and may commence conducting
maintenance monitoring.

5.1.2.2.2 Maintenance Monitoring

After demonstrating the effectiveness of their system, vessel owner/operators must


collect and analyze one sample per quarter for each of the constituents analyzed in Part 5.1.2.2.1
to demonstrate treatment equipment maintenance and compliance with this permit. Records of
the sampling and testing results must be retained onboard for a period of 3 years in the vessel’s
recordkeeping documentation.

5.1.2.2.3 Monitoring Reporting

Unless the vessel meets the conditions in the following paragraph, the operator must
submit data showing that the graywater standards are achieved by their treatment system to
EPA’s e-reporting system or to EPA, 1200 Pennsylvania Ave., MC 4203M, Washington, DC
20460. Initial sampling data must be submitted at least 7 days before entering waters subject to
this permit, within 90 days of obtaining permit coverage, or within 90 days of AWTS installation
onboard the vessel, whichever is later. Maintenance monitoring data must be submitted at least
once per year within 30 days of the fourth sample collection. Data must be submitted on
Discharge Monitoring Reports available in Appendix I of this permit or submitted to EPA’s e-
reporting system available at www.epa.gov/vessels/eNOI, which will be available within two
years of finalization of this permit.

If the vessel operates in Alaskan waters and submits or has already submitted the above
information to the COTP to meet the requirements of Section 1411(b) of Title XIV, Pub. L. 106­
554 (Dec. 31, 2000, 114 Stat. 2763) [Certain Alaska Cruise Ship Operations] (codified at 33
U.S.C. 1901 note), that submission will serve to satisfy these requirements. EPA will obtain the
data from the COTP in order to minimize duplicative requirements.

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5.1.2.2.4 Reserved Authority

Even if owner/operators have demonstrated their system meets the standards in Part
5.1.1.1.2, if EPA, its authorized representative, or the Coast Guard sample their graywater
effluent and find that they are not meeting these standards, the cruise ship owner/operators are
liable for violating their effluent limits.

5.1.2.2.5 Treated Graywater Records

The owner/operator must maintain records estimating all discharges of treated graywater
into waters subject to this permit, including date, location and volume discharged in their
recordkeeping documentation. These records can be maintained as part of or in combination with
the vessel’s sewage and graywater discharge record book required under 33 CFR 159.315.

5.1.2.3 Treated Pool and Spa Discharges

Vessel owner/operators must monitor chlorine or bromine concentrations (as applicable)


in pool or spa water before every discharge event using Part 136 methods if they will discharge
these streams directly into waters subject to this permit to assure that the dechlorination process
is complete. If vessel owner/operators are monitoring bromine concentrations, they may use a
field test kit which uses the colorimetric method in lieu of Part 136 methods to assure waters
have been debrominated, provided that test kit has method detection limit no higher than 50
µg/L. You must record the location of the discharge, the estimated volume of the discharge, and
the concentration of chlorine or bromine (as applicable). Records of this monitoring must be kept
with other graywater monitoring records.

For chlorine, analytical results below the method detection limit shall be deemed
compliant with the effluent limits, provided the permittee uses a testing method with a detection
limit no higher than 10.0 µg/L under ideal conditions. EPA recommends method SM4500-CL G
(DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L under ideal
conditions and so meets these requirements. SM4500-Cl G is typically the method that
ADEC/USCG uses for compliance monitoring. For bromine, analytical results below the method
detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a
testing method with a detection limit no higher than 50.0 µg/L.

5.1.3 Educational and Training Requirements

The crews of cruise ships play a key role in minimizing the discharge of pollutants from
cruise ship operations and passengers. Therefore cruise ship operators are subject to the
following requirements:

• The ship’s crew members who actively take part in the management of a discharge or
who may affect any 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

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these crew members must be able to demonstrate proficiency in implementing these


procedures.
• Appropriate reprimand procedures must be developed for crew whose actions lead to
violations of any effluent limit set forth in this permit or procedures established by the
cruise ship operator to minimize the discharge of pollutants.

Cruise ships must also educate passengers on their potential environmental impacts. The
goals of these education efforts should include preventing trash from entering any waste stream,
eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or
blackwater systems and minimizing production of graywater. This can be accomplished in a
variety of ways including, but not limited to posting signage and informational material in
guestrooms and common areas, incorporating environmental information passenger orientation
presentations or packages at the start of cruises, incorporating this information into additional
lectures and seminars, or broadcasting information via loudspeakers.

5.2 Medium Cruise Ships (authorized to carry 100 to 499 people for hire)

The requirements in Part 5.2 apply to vessel discharges from cruise ships providing
overnight accommodations (has onboard sleeping facilities) to passengers authorized to carry
between 100 and 499 people for hire.

5.2.1 Additional Effluent Limits

5.2.1.1 Graywater Management

5.2.1.1.1 Graywater Discharge Location and Rate

All medium cruise ships must meet the requirements of Parts 5.2.1.1.1 unless they are a
vessel unable to voyage more than 1 nm from shore. Vessels unable to voyage 1 nm from shore
must meet the requirements of Part 5.2.1.1.1 if they are constructed on or after the issuance date
of this permit.

Pierside Limits – While pierside, appropriate reception facilities for graywater must be
used, if reasonably available unless the vessel treats graywater with a device to meet the
standards in Part 5.2.1.1.2. If such facilities are not reasonably available, you must treat
graywater with a device to meet the standards in Part 5.2.1.1.2 or hold the graywater for
discharge while the vessel is underway and discharge according to the Operational Limits below.
Appropriate reception facilities are those authorized for use by the port authority or municipality
and that treat the discharge in accordance with its NPDES permit.

Operational Limits – You must meet the following restrictions:

• While operating within 1 nm from shore, discharges of graywater are prohibited unless
they meet the effluent standards in Part 5.2.1.1.2.

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• If you operate between 1 nm and 3 nm from shore, discharges of graywater must either:
(1) meet the effluent standards in Part 5.2.1.1.2, or (2) be released while the cruise ship is
sailing at a speed of at least 6 knots in a water that is not listed in Part 12.1.

Limits Applicable to Operation in Nutrient Impaired Waters – If you operate in nutrient


impaired waters including the Chesapeake Bay or the territorial sea surrounding the mouth of the
Mississippi River in the Gulf of Mexico, you must:

• Not discharge any graywater in nutrient impaired waters subject to this permit unless the
length of voyage in that water exceeds the vessel’s holding capacity for graywater, and
• Minimize the discharge of any graywater into nutrient impaired waters subject to this
permit, which may require minimizing the production of graywater, and
• If your vessel’s holding capacity for graywater is exceeded, treat such excess graywater
(above the vessel holding capacity) by a device meeting the standards in Part 5.2.1.1.2
prior to discharge into nutrient impaired waters subject to this permit, or
• Dispose of the graywater properly on shore, or
• Discharge the graywater while the cruise ship is sailing at a speed of at least 6 knots.

A list of nutrient impaired waters is available at www.epa.gov/npdes/vessels.

5.2.1.1.2 Graywater Treatment Standards

The discharge of treated graywater must meet the following standards:

1) The discharge must satisfy the minimum level of effluent quality specified in 40 CFR
133.102,

2) The geometric mean of the samples from the discharge during any 30-day period may not
exceed 20 fecal coliform/100 milliliters (ml) and not more than 10 percent of the samples
exceed 40 fecal coliform/100 ml, and

3) Concentrations of total residual chlorine may not exceed 10.0 micrograms per liter (µg/l).

5.2.1.1.3 Sculleries and Galleys

Cruise ship owner/operators must use detergents that are phosphate free. Degreasers must
be non-toxic if they will be discharged as part of any waste stream.

5.2.1.1.4 Other Materials

Waste from mercury containing products, dry cleaners or dry cleaner condensate, photo
processing labs, medical sinks or floor drains, chemical storage areas, and print shops using
traditional or non-soy based inks and chlorinated solvents must be prevented from entering the
ship’s graywater, blackwater, or bilgewater systems if water from these systems will ever be
discharged into waters subject to this permit. Preventing these wastes from entering these

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systems can be accomplished by plugging all drains that flow to the graywater, blackwater, or
bilge systems in areas where these wastes are produced and creating alternate waste receptacles
or replumbing drains to appropriate holding tanks.

Vessel owner/operators must not discharge any toxic or hazardous materials, including
products containing acetone, benzene, or formaldehyde into salon and day spa sinks or floor
drains if those sinks or floor drains lead to any system which will ever be discharged into waters
subject to this permit. This includes using these materials on passengers (or crew) and rinsing
residuals into these sinks. Alternate waste receptacles or holding tanks must be used for these
materials. Additions of these materials to any systems which will discharge into waters subject to
this permit is a permit violation.

5.2.1.2 Pool and Spa Discharges

Discharges of pool or spa water are not authorized into waters listed in Part 12.1 of this
permit. Discharges from pools and spas are authorized into other waters subject to this permit,
provided they are de-chlorinated and/or debrominated, and discharged while the vessel is
underway. To be considered dechlorinated, the total residual chlorine in the pool or spa effluent
must be less than 100µg/l if the pool or spa water is discharged without treatment through an
advanced wastewater treatment system. To be considered debrominated, the total residual
oxidant in the pool or spa effluent must be below 25µg/l if the pool or spa water is discharged
without going through an advanced wastewater treatment system. Pool and spa water may be
added to the graywater treatment systems, however any resultant discharge must meet all
standards and requirements found in Part 5.2.1.1 and must be debrominated.

5.2.2 Monitoring Requirements

5.2.2.1 Untreated Graywater

The owner/operator must maintain records estimating all discharges of untreated


graywater into waters subject to this permit, including date, location and volume discharged in
their recordkeeping documentation. These records can be maintained as part of the vessel’s
sewage and graywater discharge record book required under 33 CFR 159.315.

5.2.2.2 Treated Graywater

Prior to entering waters of the U.S., vessel operators must demonstrate that they have an
effective treatment system that complies with the standards in Part 5.1.1.1.2 if they will
discharge graywater:

1) Within 1 nm of shore, or
2) Within 3 nm of shore and sailing less than 6 knots.

5.2.2.2.1 Initial Monitoring

In order to demonstrate the effectiveness of the treatment system, the vessel operator
must take at least five (5) samples taken from the vessel on different days over a 30-day period
that are representative of the treated effluent to be discharged. Initial monitoring must be done

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within the first 90 days of permit coverage, within 90 days of AWTS installation onboard the
vessel, or before vessels discharge into waters subject to this permit, whichever is later. Samples
must be taken for BOD, fecal coliform, suspended solids, pH, and total residual chlorine.
Sampling and testing shall be conducted according to 40 CFR Part 136. If the measured samples
meet the standards specified in Part 5.1.1.1.2., then the owner/operator has demonstrated the
effectiveness of their treatment system for controlling their graywater discharge. Records of the
sampling and testing results must be retained onboard for a period of 3 years in the vessel’s
recordkeeping documentation.

Records of monitoring information shall include:

• The date, exact place, and time of sampling or measurements,


• The individual(s) who performed the sampling or measurements,
• The date(s) analyses were performed,
• The individual(s) who performed the analyses,
• The analytical techniques or methods used, and
• The results of such analyses.

Analytical results for total residual chlorine below the method detection limit shall be
deemed compliant with the effluent limits, provided the permittee uses a testing method with a
detection limit no higher than 10.0 µg/L under ideal conditions. EPA recommends method
SM4500-CL G (DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L
under ideal conditions and so meets these requirements. SM4500-Cl G is typically the method
that ADEC/USCG uses for compliance monitoring.

Testing and reporting for total residual chlorine is not required if chlorine is not used as
disinfectant in the wastewater treatment works process and no water is drained to the graywater
system from water with on board chlorine additions (e.g. swimming pools, spas. . .).

5.2.2.2.2 Maintenance Monitoring

After demonstrating the effectiveness of their system, vessel owner/operators must


collect and analyze one sample per quarter for each of the constituents analyzed in Part 5.1.2.2.1
to demonstrate treatment equipment maintenance and compliance with this permit. Records of
the sampling and testing results must be retained onboard for a period of 3 years in the vessel’s
recordkeeping documentation.

5.2.2.2.3 Monitoring Reporting

Unless the vessel meets the conditions in the following paragraph, the operator must
submit data showing that the graywater standards are achieved by their treatment system to
EPA’s e-reporting system or to EPA, 1200 Pennsylvania Ave., MC 4203M, Washington, DC
20460. Initial sampling data must be submitted at least 7 days before entering waters subject to
this permit, within 90 days of obtaining permit coverage, or within 90 days of AWTS installation
onboard the vessel, whichever is later. Maintenance monitoring data must be submitted at least

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once per year within 30 days of the fourth sample collection. Data must be submitted on
Discharge Monitoring Reports available in Appendix I of this permit or submitted to EPA’s e-
reporting system available at www.epa.gov/vessels/enoi , which will be available within two
years of finalization of this permit.

5.2.2.2.4 Reserved Authority

Even if owner/operators have demonstrated their system meets the standards in Part
5.1.1.1.2, if EPA, its authorized representative, or the Coast Guard sample their graywater
effluent and find that they are not meeting these standards, the cruise ship owner/operators are
liable for violating their effluent limits.

5.2.2.2.5 Treated Graywater Records

The owner/operator must maintain records estimating all discharges of treated graywater
into waters subject to this permit, including date, location and volume discharged in their
recordkeeping documentation.

5.2.2.3 Treated Pool and Spa Discharges

Vessel owner/operators must monitor chlorine or bromine concentrations (as applicable)


in pool or spa water before every discharge event using Part 136 methods if they will discharge
these streams directly into waters subject to this permit to assure that the dechlorination process
is complete. If vessel owner/operators are monitoring bromine concentrations, they may use a
field test kit which uses the colorimetric method in lieu of Part 136 methods to assure waters
have been debrominated, provided that test kit has method detection limit no higher than 50
µg/L. You must record the location of the discharge, the estimated volume of the discharge, and
the concentration of chlorine or bromine (as applicable). Records of this monitoring must be kept
with other graywater monitoring records.

For chlorine, analytical results below the method detection limit shall be deemed
compliant with the effluent limits, provided the permittee uses a testing method with a detection
limit no higher than 10.0 µg/L under ideal conditions. EPA recommends method SM4500-CL G
(DPD Colorimetric Method) for these purposes as it is able to reach 10 µg/L under ideal
conditions and so meets these requirements. SM4500-Cl G is typically the method that
ADEC/USCG uses for compliance monitoring. For bromine, analytical results below the method
detection limit shall be deemed compliant with the effluent limits, provided the permittee uses a
testing method with a detection limit no higher than 50.0 µg/L.

5.2.3 Educational and Training Requirements

The crews of cruise ships play a key role in minimizing the discharge of pollutants from
cruise ship operations and passengers. Therefore cruise ship operators are subject to the
following requirements:

• 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

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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 members must be able to demonstrate proficiency in implementing these
procedures.
• Appropriate reprimand procedures must be developed for crew whose actions lead to
violations of any effluent limit set forth in this permit or procedures established by the
cruise ship operator to minimize the discharge of pollutants.

Cruise ships must also educate passengers on their potential environmental impacts. The
goals of these education efforts should include preventing trash from entering any waste stream,
eliminating the addition of unused soaps, detergents, and pharmaceuticals to the graywater or
blackwater systems, and minimizing production of graywater. This can be accomplished in a
variety of ways including, but not limited to posting signage and informational material in
guestrooms and common areas, incorporating environmental information passenger orientation
presentations or packages at the start of cruises, incorporating this information into additional
lectures and seminars, or broadcasting information via loudspeakers.

5.3 Large Ferries

Ferries are vessels for hire that are designed to carry passengers and/or vehicles between
two ports, usually in inland, coastal, or near-shore waters. “Large Ferry” means a “ferry” that: a)
has a capacity greater than or equal to 100 tons of cargo, e.g., for cars, trucks, trains, or other
land-based transportation or b) is authorized by the Coast Guard to carry 250 or more people. All
large ferries authorized to carry more than 100 tons of cars, trucks, trains, or other land-based
transportation must meet the requirements in section 5.3.1.1 (Deck Water) and section 5.3.2
(Education and Training). Large ferries authorized by the Coast Guard to carry 250 or more
people must meet the requirements of section 5.3.1.2 (Graywater management) and section 5.3.2
(Education and Training).

5.3.1 Additional Authorized Discharges

5.3.1.1 Coal Ash from Coal Fired Propulsion Systems on Ferries

The discharge of coal ash slurry from coal fired propulsion systems on a ferry is
authorized in waters subject to this permit until December 19, 2012. All coal ash slurry
discharges must comply with effluent limits in Part 5.3.2.3 of this permit.

5.3.2 Additional Effluent Limits

5.3.2.1 Deck Water

Large ferries may not discharge untreated below deck water from parking areas or other
storage areas for motor vehicles or other motorized equipment into waters subject to this permit
without first treating the effluent with an oily water separator or other appropriate device. Large

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ferry operators must use oil absorbent cloths or other appropriate spill response resources to
clean oily spills or substances from deck surfaces. Any effluent created by washing the decks
may not be discharged into the waters subject to this permit listed in Part 12.1.

5.3.2.2 Graywater Management

5.3.2.2.1 Graywater Discharge Location and Rate

Pierside Limits – While pierside, appropriate reception facilities for Graywater must be
used, if reasonably available. If such facilities are not reasonably available, you must hold the
graywater if the vessel has the holding capacity and discharge the effluent while the vessel is
underway. Appropriate reception facilities are those authorized for use by the port authority or
municipality and that treat the discharge in accordance with its NPDES permit.

Operational Limits – You must also meet the following restrictions:

• If you operate within 3 nm from shore, discharges of graywater must be released while
the ferry is sailing at a speed of at least 6 knots if feasible.

5.3.2.3 Coal Ash Effluent Limits and Related Requirements

5.3.2.3.1 Minimization of Coal Ash Slurry Discharge

Vessel owner/operators must minimize the discharge of coal ash slurry into waters
subject to this permit. Minimization techniques shall include:

• Efficient combustion of coal,


• Minimize the ash content of the coal used onboard, but in no event may the ash content
exceed 9.5 % (by weight and as received), and
• Limiting discharge quantities to those necessary for the safe and efficient operation of the
vessel.

5.3.2.3.2 Coal Sulfur Content

Vessel owner/operators must minimize the sulfur content of all coal ash slurry discharged
into waters subject to this permit by using coal with the lowest sulfur concentration
technologically feasible and economically practicable and achievable, but in no event may the
sulfur content of the coal exceed 1.023% (by weight and as received).

5.3.2.3.3 Limitations on Coal Ash Discharge Locations

Except in emergency situations, as determined and documented in the ship’s log by the
vessel’s master, coal ash discharge may only occur when the vessel is:

• If in waters subject to this permit, more than 5 nm from any shore and in waters over 100
feet in depth, and

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• Underway at a speed of at least 6 knots.

5.3.3 Educational and Training Requirements

The crews of ferries play a key role in minimizing the discharge of pollutants from ferry
operations and its passengers. Therefore ferry operators are subject to the following
requirements:

• 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.
• Appropriate reprimand procedures must be developed for crew whose actions lead to
violations of any effluent limit set forth in this permit or procedures established by the
Cruise Ship operator to minimize the discharge of pollutants.

Ferry operators must also educate passengers on their potential environmental impacts.
The goals of these education efforts should include eliminating the discharge of trash overboard,
minimizing the production of trash from parking areas or other storage areas, eliminating the
addition of unused soaps, detergents, and pharmaceuticals to the graywater or blackwater
systems, and minimizing production of graywater. This can be accomplished in a variety of ways
including, but not limited to posting signage and informational material in common areas,
incorporating environmental information into orientation presentations, or broadcasting
information via loudspeakers.

5.4 Barges (such as hopper barges, chemical barges, tank barges, fuel barges, crane
barges, dry bulk cargo barges)

You must comply with Part 5 vessel-specific requirements associated with your vessel
class in addition to any requirements specified elsewhere in this permit.

The requirements in Part 5.4 apply to vessel discharges from barges.

5.4.1 Additional Effluent Limits

Barges must minimize the contact of below deck condensation with oily or toxic
materials, and any materials containing hydrocarbon. Whenever barges are pumping water from
below deck, the discharge shall not contain oil in quantities that may be harmful as defined in 40
CFR Part 110. If a visible sheen is noted, vessel operators must initiate corrective action in
accordance with Part 3 and meet recordkeeping requirements in Part 4.2 of this permit.

All tank barges must have spill rails and must plug their scuppers before any cargo
operations if required by the vessel class society. If any spills result during loading or unloading

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of cargo, vessel owner/operators must completely clean up spills or residue before scuppers are
unplugged. Once all spills and residue have been cleaned, scuppers may be unplugged.

Vessel owner/operators must clean out cargo residues such that any remaining residue is
minimized before washing the cargo compartment or tank and discharging wash water
overboard.

5.4.2 Supplemental Inspection Requirements

After every instance of pumping water from areas below decks, or immediately following
washing down the decks, you must conduct a visual sheen test. The visual sheen test is used to
detect free oil by observing the surface of the receiving water for the presence of an oily sheen.
The operator should focus the inspection on the area surrounding the vessel where discharges
from below deck or deck washings are discharged into the receiving water. A visible sheen is
defined in Part 7 of this permit. If a visible sheen is observed, you must initiate corrective actions
required in Part 3 of this permit and meet recordkeeping requirements in Part 4.2 of this permit.

5.5 Oil Tankers or Petroleum Tankers

The requirements in Part 5.5 apply to vessel discharges from oil tankers or petroleum
tankers.

5.5.1 Additional Authorized Discharges

For vessels which have an inert gas system, the effluent produced from inert gas
scrubbers (IGS) may be discharged into waters subject to this permit.

The discharges of water from deck seals are authorized when such seals are installed as
an integral part of an IGS system.

5.5.2 Additional Effluent Limits

Owner/operators of oil tankers must plug scuppers during cargo loading and unloading
operations to prevent the discharge of oil into waters subject to this permit. Any oil spilled must
be cleaned with oil absorbent cloths or another appropriate approach. Additionally,
owner/operators of oil tankers must comply with applicable requirements of 33 CFR 155.310.

Vessel owner/operators must minimize the discharge of effluent produced from inert gas
scrubbers if feasible for their vessel design.

5.5.3 Supplemental Inspection Requirements

After every instance of loading or unloading operations or immediately following


washing down the decks, you must conduct a visual sheen test. The visual sheen test is used to
detect free oil by observing the surface of the receiving water for the presence of an oily sheen.
The owner/operator should focus the inspection on the area surrounding the vessel where
effluent from loading operations or deck washings discharge into the receiving water. A sheen is
defined in Part 7 of this permit. If a visible sheen is observed, you must comply with all

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requirements contained in Part 4.4 of this permit and initiate corrective actions required in Part 3
of this permit.

5.5.4 Educational and Training Requirements

The crews of oil tankers play a key role in minimizing the discharge of pollutants from
vessel operations. Therefore oil tanker operators are subject to the following requirements:

• 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.
• 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.

5.6 Research Vessels

The requirements in Part 5.6 apply to vessel discharges from research vessels. Research
vessels are those that are engaged in investigation or experimentation aimed at discovery and
interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical
application of such new or revised theories or laws.

5.6.1 Supplemental Authorized Discharges

In addition to the discharges incidental to the normal operation of a vessel authorized


elsewhere in this permit, owner/operators of research vessels are authorized to discharge tracers
(dyes, fluorescent beads, SF6), drifters, tracking devices and the like, and expendable
bathythermograph (XBT) probes, into waters subject to this permit, provided such discharges are
for the sole purpose of conducting research on the aquatic environment or its natural resources in
accordance with generally recognized scientific methods, principles, or techniques.

5.6.2 Additional Effluent Limits

Owner/operators of research vessels must discharge only the minimal amount of


materials referenced in Part 5.6.1 necessary to conduct research on the aquatic environment or its
natural resources in accordance with generally recognized scientific methods, principles, or
techniques.

5.7 Emergency Vessels (Fire Boats, Police Boats)

The requirements in Part 5.7 apply to vessel discharges from emergency and rescue
boats.

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5.7.1 Supplemental Authorized Discharges

In addition to the discharges incidental to the normal operation of a vessel authorized


elsewhere in this permit, vessel owner/operators of emergency vessels are authorized to
discharge waste streams in conjunction with training, testing, and maintenance operations,
provided that they comply with all additional requirements of the Clean Water Act (e.g. section
311) and the National Contingency Plan (40 CFR 300). This section does not relieve vessel
operators of any additional responsibilities under the CWA and the National Contingency Plan
which prohibits the discharge of oil for research or demonstration purposes without
Administrator approval. The use of foaming agents for oil or chemical fire response must be
implemented in accordance with the National Contingency Plan (40 CFR 300).

5.7.2 Additional Effluent Limits

Owner/operators are strongly encouraged to seek alternative formulations of AFFF that


are less harmful to the aquatic environment, such as non-fluorinated foam, while maintaining
their effectiveness in emergency operations. Furthermore, operators are encouraged to not use
AFFF or discharge toxic substances in areas near active commercial or recreational fisheries,
near swimmable waters, or in high traffic areas for maintenance or training purposes. Emergency
vessel owner/operators are also encouraged to perform training, testing, and maintenance
operations outside of port and as far from shore as possible. The use of foaming agents for oil or
chemical fire response, and the control of their discharge from a vessel, must be implemented in
accordance with the National Contingency Plan (40 CFR 300).

5.8 Vessels Employing Experimental Ballast Water Treatment Systems

For the purposes of this first-iteration permit only, any vessel employing a ballast
treatment system which uses biocides to treat organisms in the ballast water is considered
experimental.

The requirements in Part 5.8 apply to ballast water discharges from vessels employing
experimental ballast water treatment systems that make use of biocides.

5.8.1 Authorization of Residual Biocides Associated with Experimental Ballast Water


Treatment Systems

Some experimental ballast water treatment systems produce or use biocides as an agent to
reduce living organisms present in the ballast water tank. In order to be eligible for coverage
under this permit, any ballast water technology must not use any biocide that is a “pesticide”
within the meaning of the Federal Insecticide, Fungicide, Rodenticide Act (7 U.S.C § 136 et
seq.) unless that biocide has been registered for use in ballast water treatment under such Act.
The requirement in the preceding sentence does not apply if such biocide is generated solely by
the use of a “device,” as that term is defined in the Federal Insecticide, Fungicide, and
Rodenticide Act, on board the same vessel as the ballast water to be treated by the biocide. In
addition, if the ballast water treatment system uses or generates biocides and you will discharge
ballast water treated with biocides into waters subject to this permit, you must meet one of the
following conditions to be eligible for permit coverage:

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5.8.1.1 Analytical Monitoring

The discharge of Total Residual Chlorine (TRC) as a biocide or derivative may not
exceed 100 micrograms per liter (µg/l) as an instantaneous maximum. Any other biocides or
derivatives may not exceed acute water quality criteria listed in EPA’s 1986 Quality Criteria for
Water [the Gold Book], and any subsequent revision, at the point of ballast water discharge. The
Gold Book can be found at: www.epa.gov/waterscience/criteria/library/goldbook.pdf. Tables
summarizing the subsequent revisions can be found at:
http://www.epa.gov/waterscience/criteria/wqctable/index.html. Discharges of biocide residuals
or derivatives must also meet monitoring requirements under Part 5.8.2.1, and reporting and
recordkeeping requirements in Part 5.8.3.

5.8.1.2 WET testing

The permittee shall conduct whole effluent toxicity (WET) testing on samples of the
discharges from shipboard ballast water treatment systems to establish and annually verify the
appropriateness of methods for treating ballast water with biocides lacking EPA Water Quality
Criteria or known to produce chemical biocides or derivatives lacking EPA Water Quality
Criteria.

The procedures for such WET testing are set forth in Part 15 (Appendix J) of this permit.
The annual verification testing must demonstrate, for each organism tested, that the WET in the
ballast water discharges, without allowance for mixing, does not exceed a chronic toxicity of 1.6
TUc as a daily maximum or 1.0 TUc as a monthly median.

If the toxicity of the treatment system results in a discharge which exceeds 1.0 TUc as a
monthly median or 1.6 TUc as a daily maximum, EPA may require the owner/operator to cease
discharging from the treatment system until they obtain coverage under an individual NPDES
permit.

5.8.2 Monitoring Requirements

5.8.2.1 Residual Biocide or Derivative Monitoring

For vessels subject to Part 5.8.1.1, above: you must conduct monitoring of the vessel
ballast water discharge for any residual biocides or derivatives used in the treatment process to
demonstrate compliance with the conditions in Part 5.8.1.1. For instance, if chlorine is the
biocide used in the ballast water treatment, you must test for chlorine in the vessel ballast water
discharge to see if it complies with the standards in Part 5.8.1.1. If there are no Part 136 test
methods for the residual biocide or derivatives of the residual biocide, you must comply with
Part 5.8.1.2 or seek coverage under an individual NPDES permit pursuant to Part 1.8 of this
permit. In order to demonstrate that residual biocides or derivatives are in compliance with this
permit, the vessel operator initially must take at least five (5) samples on different days over a
90-day period that are representative of the treated ballast water discharge. Each sample must be
tested independently and the individual results must be reported and not averaged. Samples must
be tested as soon as possible after sampling, and may not be held longer than recommended for
each tested constituent as given in 40 CFR Part 136. Sampling and testing shall be conducted
according to 40 CFR Part 136.

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Records of monitoring information shall include:

• The date, exact place, and time of sampling or measurements,


• The individual(s) who performed the sampling or measurements,
• The date(s) analyses were performed,
• The individual(s) who performed the analyses,
• The analytical techniques or methods used, and
• The results of such analyses.

Thereafter, you must conduct maintenance sampling and analysis at least quarterly (4
times per year) of the vessel ballast water discharge in order to demonstrate continued
compliance with the standards in Part 5.8.1.1. If any of the initial or maintenance samples exceed
the standards specified in Part 5.8.1.1, then the owner/operator must immediately undertake steps
necessary to achieve compliance and take and submit samples demonstrating such compliance.

5.8.2.2 Whole Effluent Toxicity (WET) monitoring

For vessels subject to 5.8.1.2, above: you must initially conduct whole effluent toxicity
(WET) testing consistent with Part 15 (Appendix J) of this permit using samples from the ballast
water treatment system at the end of pipe for assessing the environmental safety of the resulting
ballast water discharges. Two sets of WET tests must be done as set forth in Part 15 of this
permit (Appendix E) using different ballast water discharge events separated by at least no less
than 14 days, for initial testing followed by annual verification testing for each year of permit
coverage. Initial WET testing must be done in the first 90 days of permit coverage or the first 90
days of using the ballast water treatment system after permit issuance.

Thereafter, you must conduct maintenance sampling and analysis at least once per year of
the vessel ballast water discharge in order to demonstrate continued compliance with the
standards in Part 5.8.1.2. If any of the initial or maintenance samples exceed the standards
specified in Part 5.8.1.2, then the owner/operator must immediately undertake steps necessary to
achieve compliance and take and submit samples demonstrating such compliance.

5.8.3 Recordkeeping and Reporting Requirements

Records of the sampling and testing results must be retained onboard for a period of 3
years in the vessel’s recordkeeping documentation.

You must submit your monitoring data to EPA HQ, Attn: Ballast Water Treatment
System Test Results -Mail Code 4203M, 1200 Pennsylvania Ave., Washington DC 20460 at
least once per year. For systems already in use as of the effective date of this permit, initial
sampling data must be submitted within 6 months of this permit’s effective date. For systems
which are not already in use as of the effective date of this permit, initial sampling data must be
submitted within 6 months of the system’s first use. Maintenance monitoring data must be
submitted at least once per year within 30 days of the final sample collection. Data must be
submitted on Discharge Monitoring Reports available in Appendix I of this permit or submitted

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to EPA’s e-reporting system available at www.epa.gov/npdes/vessels/eNOI, which will be


available within two years of finalization of this permit.

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6. Specific Requirements for Individual States or Indian Country Lands


Section 401(d) of the CWA provides that any certification under the Act "shall set forth
any effluent limitations and other limitations, and monitoring requirements" necessary to assure
that any applicant for a federal license or permit will comply with any applicable CWA-based
effluent limitations and other limitations, standards of performance, prohibitions, effluent
standards, or pretreatment standards, and with any other appropriate requirements of State and
Tribal law. Section 401(d) further provides that such additional limitations and monitoring
requirements "shall become a condition on any Federal license or permit subject to the
provisions of this section." Pursuant to section 401(d), EPA has attached provisions provided by
States and Tribes in their CWA § 401 certifications; those that constitute effluent or other
limitations or monitoring requirements are enforceable conditions of this permit.

The VGP is effective in every State and Indian Country Land except in Taos Pueblo

Tribal Lands (New Mexico). States and Indian Tribes which are not listed below have either

certified without conditions or waived.

The following States or Tribes included additional permit requirements in their CWA §

401 certification:

6.1 Bishop Paiute Tribe:

The Bishop Paiute Tribe certified the VGP with the following additional permit

condition:

Copies of Notice of Intents for proposed VGP and RGP must be submitted to the Bishop
Paiute Tribe’s Environmental Management office for review and comment.

6.2 California:

California certified the VGP with the following additional permit conditions:

1. Deleted.

2. Deleted.

3. Vessel discharges must be in accordance with the requirements of PRC section 72400
et seq. None of the 26 discharges covered by the VGP may contain hazardous waste as
defined under California law, as well as hazardous substances listed in Attachment 2 of this
document. The following other wastes are prohibited from discharge: sewage sludge, used or
spent oil, garbage or trash (including plastic), photo-developing wastes, dry cleaning wastes,
noxious liquid substance residues, and medical wastes. The vessel owner or operator must
submit a certification stating that hazardous wastes as defined under California law, and
prohibited wastes, will not be discharged.

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4. Vessel discharges must comply with California State Lands Commission (SLC) requirements
for ballast water discharges and hull fouling to control and prevent the introduction of
nonindigenous species, found in PRC section 71200 et seq. and in the
CCR sections 2270 through 2291, inclusive (See Attachment 3 of this document).

5. Deleted.

6. Propeller cleaning is allowed until January 1, 2012, after which, propeller cleaning is allowed
as specified in regulations adopted by SLC. All other in-water hull cleaning is prohibited
unless conducted using the best available technologies economically feasible, as determined
by both SLC and the State Water Board. This prohibition includes underwater ship
husbandry discharges (Discharge #25).

7. Deleted.

8. Deleted.

9. Deleted.

10. Deleted.

11. There must be no oily sheen from any discharge, and oil and grease must not exceed 15
milligrams per liter (mg/L) from any discharge.

12. Detergents must not be used to disperse hydrocarbon sheens in any waste streams. To ensure
this practice is implemented for all state waters, and additionally to protect drinking water
sources in the Sacramento and San Joaquin Delta, methylene blue active substances (MBAS)
should not exceed 0.5 mg/L in all waterbodies.

13. Deleted.

14. Deleted.

15. Deleted.

16. All monitoring and reporting information shall be submitted to USEPA. Vessels entering the
State of California shall also submit reports using the following forms:

• 7.1 - Deleted.

• 7.2 - Deleted.

• 7.3 – SLC Marine Invasive Species Program Hull Husbandry Reporting Form
Submit annually within 60 days of receiving a written or electronic request from the
California State Lands Commission.

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• 7.4 – SLC Ballast Water Reporting Form


Upon departure from each port or place in California waters.

California State Lands Commission

Marine Facilities Division

200 Oceangate, Suite 900

Long Beach, CA 90802

17. This Certification includes Attachments 1-71. Following is a description of these


attachments:
• Attachment 1 – Signatory Requirements;
• Attachment 2 – List of Chemical Names and Common Names for Hazardous Wastes
and Hazardous Materials, Title 22, Chapter 11, Appendix X, California Code of
Regulations
• Attachment 3 – California State Lands Commission’s Ballast Water Performance
Standards; and
• Attachment 4 – Deleted;
• Attachment 5 –Deleted;
• Attachment 6 – Deleted;
• Attachment 7 – Vessel Discharge Reporting Forms.

6.3 Connecticut:

Connecticut certified the VGP with the following additional permit conditions:

1. Rights. This certificate is subject to and does not derogate any present or future property
rights or other rights or powers of the State of Connecticut, and conveys no property rights in
real estate or material nor any exclusive privileges, and is further subject to any and all public
and private rights and to any federal, state, or local laws or regulations pertinent to the property
or activity affected hereby. This certification does not comprise the permits or approvals as may
be required by Chapters 440, 446i, 446j and 446k of the Connecticut General Statutes.

2. Expiration of Certificate. This Section 401 Water Quality Certification shall be valid for five
(5) years or until such time as the VGP issued by EPA on or about December 19, 2008 expires or
is modified, suspended, revoked or reissued.

3. Compliance with Certificate. All work and all activities authorized herein conducted by the
permittees in accordance with the VGP shall be consistent with the terms and conditions of this
certificate. Any regulated activities carried out in a manner inconsistent with the Best
Management Practices identified in the VGP constitute a violation of this certificate.

4. Reliance on Application. In evaluating the EPA’s application for this certificate, the
Commissioner has relied on information provided by the EPA. If such information subsequently

1
These attachments are available as a PDF file with California’s full 401 certification letter. This information is
available by linking to EPA’s website at: www.epa.gov/npdes/vessels.

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proves to be false, deceptive, incomplete or inaccurate, this certificate may be modified,


suspended or revoked.

5. Best Management Practices. In conducting the activities authorized by the VGP, the
permittees shall employ all applicable best management practices, consistent with the terms and
conditions of the VGP and this certificate as applicable.

6. Ballast Water Management Requirements. The ballast water management requirements in


the Draft VGP section 2.2.3 shall be the minimum standard for covered vessels operating in
Connecticut waters. All vessels covered by the VGP that have a ballast water treatment system
installed for any reason, including but not limited to compliance with the conditions of any VGP
401 Water Quality Certificate issued by any other jurisdiction, or compliance with International
Marine Organization (IMO) standards, shall utilize such treatment system to treat ballast water to
the highest level afforded by such installed treatment system prior to discharge into Connecticut
waters.

7. Effective upon issuance of the VGP, graywater as defined in 33 USC § 1322 (a)(11) shall not
be discharged into Connecticut waters from a vessel covered under the VGP unless such vessel is
not equipped to hold such graywater for processing ashore or for discharge outside Connecticut
waters.

Effective January 1, 2012, graywater from any vessel covered under the VGP operating in
Connecticut waters shall not be discharged into such waters unless such discharge is granted an
extension under the limited circumstances described herein. This prohibition shall be in effect
regardless of a vessel’s traveling speed.

No extensions will be made to the above implementation date, unless an entity covered under the
VGP makes a request for an extension to the Commissioner and can provide sufficient
justification for such a request. Any such extension request shall state and demonstrate that: (1)
there is a shortage in supply of the technology necessary to meet the limits set forth in this
certification, or a vessel-specific engineering constraint or other factor related to the availability
and installation of technology beyond the vessel owner/operator’s control, that delays the
technology being available and installed in time to comply with this standard; (2) the
unavailability of supply or installation constraint is the only reason the January 1, 2012 date
cannot be met; and (3) the vessel has exhausted all other options to comply with this standard.
Any extension request must be made no later than June 30, 2010, and the extension request shall
indicate when the vessel will come into compliance with this deadline.

6.4 Florida:

Florida certified VGP with the following additional permit conditions:

“Effluent limitations established in Section 2.1.4 Discharges of Oil Including Oily Mixtures, and
Section 2.2.16 Motor Gasoline and Compensating Discharge of the VGP, are not as stringent as
the State of Florida Requirements. Florida’s surface water quality standard for oil and grease in

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Rule 62-302-.530(50) F.A.C., state that dissolved or emulsified oils and greases shall not exceed
5.0 mg/L.”

6.5 Georgia:

Georgia certified the VGP with the following additional permit conditions:

Except for ocean going vessels of 20 tons displacement or more, the discharge of graywater shall
be through a marine sanitation device that is in compliance with the Federal standards of
performance and regulations for marine sanitation devices promulgated pursuant to Section 312
of the Clean Water Act.

6.6 Guam:

Guam certified the VGP with the following additional permit condition:

We note that discharges to coral spawning areas during coral mass spawning shall be avoided.

In regards to the Clean Water Act Section 401 Water Quality Certification (WQC) for this
activity, we find these proposed NPDES permits tentatively to be acceptable, in accordance with
the Guam Water Quality Standards, as amended in 2001. Based on the proposed numerical
criteria, permit narrative, monitoring requirements, and the current Guam Water Quality
Standards, Guam Environmental Protection Agency believes that there is reasonable assurance
that the NPDES permitted discharge activity will not violate applicable water quality standards.
Therefore, we hereby issue Section 401 Water Quality Certification for the proposed NPDES for
VGP.

6.7 Hawaii

Hawaii certified the VGP with the following additional permit conditions:

This conditional Section 401 WQC covers effluent discharges into waters of the State of
Hawaii incidental to the normal operation of applicable commercial vessels (operated in a
capacity as a means of transportation) and commercial fishing vessels that are eligible for
permit coverage under Part 1.2 of the proposed VGP and to be authorized under the
provisions of Section 402 of the CWA (33 U.S.C. 1342).

Effluent discharges evaluated under this conditional Section 401 WQC are limited to the
following that are currently excluded from obtaining the National Pollutant Discharge
Elimination System (NPDES) permit under 40 CFR §122.3 requirements:

(1) Ballast water discharges incidental to normal operations of all commercial


vessels including commercial fishing vessels; and

(2) Twenty-seven (27) types of effluent discharges incidental to commercial


vessels 79-ft or longer, but not including commercial fishing vessels:

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(A) Deck Runoff


(B) Bilgewater Oily Water Separator Effluent
(C) Anti-fouling Leachate from Anti-Fouling Hull Coatings/Hull Coating
Leachate
(D) Aqueous Film Forming Foam (AFFF)
(E) Boiler/Economizer Blowdown
(F) Cathodic Protection
(G) Chain Locker Effluent
(H) Controllable Pitch Propeller Hydraulic Fluid
(I) Distillation and Reverse Osmosis Brine
(J) Elevator Pit Effluent
(K) Firemain Systems
(L) Freshwater Layup
(M) Gas Turbine Wash Water
(N) Graywater Except that Graywater from commercial vessels operating
in the Great Lakes within the meaning of CWA section 312 is excluded
from the requirement to obtain an NPDES permit (see CWA Section
502(6), and thus is not within the scope of this permit.
(O) Motor Gasoline and Compensating Discharge
(P) Non-Oily Machinery Wastewater
(Q) Refrigeration and Air Condensate Discharge
(R) Rudder Bearing Lubrication Discharge
(S) Seawater Cooling Overboard Discharge (Including Non-Contact
Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration
Cooling Water)
(T) Seawater Piping Biofouling Prevention
(U) Small Boat Engine Wet Exhaust
(V) Sonar Dome Discharge
(W) Sterntube Oily Discharge
(X) Underwater Ship Husbandry
(Y) Welldeck Discharges
(Z) Graywater Mixed with Sewage from Vessels
(AA) Exhaust Gas Scrubber Washwater Discharge

Geographical Area Exclusions:

(1) There shall be no waste discharges into natural freshwater lakes, saline lakes
and anchialine pools. Waste means sewage, industrial and agricultural matter, and
all other liquid, gaseous, or solid substance, including radioactive substance,
whether treated or not, which may pollute or tend to pollute the waters of the
State.

(2) Sewage, whether commingled with graywater or not, shall be disposed at pier
side collection or treatment system or outside of estuaries or embayments. No
new treated sewage discharges shall be permitted within estuaries. [HAR,

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Paragraph 11-54-3(b)(2)] No new sewage discharges will be permitted within


embayments. [HAR, Paragraph 11-54-3(c)(2)]

Limitations on Coverage

This conditional Section 401 WQC does not apply to any of the following:
(1) The discharge(s) that is regulated under CWA, Section 404.

(2) Discharge activity(ies), to be authorized under the EPA proposed VGP, which
is inconsistent with criteria established in HAR, Subsection 11-54-1.1.

(3) When the Director finds that it is more appropriate to evaluate the project
impacts under an individual application for a Section 401 WQC.

Discharge Limitations

a. All waters shall be free of substances attributable to the activities authorized under this
conditional Section 401 WQC and EPA VGP, including:

(1) Materials that will settle to form objectionable sludge or bottom deposits.

(2) Floating debris, oil, grease, scum, or other floating materials.

(3) Substances in amounts sufficient to produce taste in the water or detectable


off-flavor in the flesh of fish, or in amounts sufficient to produce objectionable
color, turbidity or other conditions in the receiving waters.

(4) High or low temperatures; biocides; pathogenic organisms; toxic, radioactive,


corrosive, or other deleterious substances at levels or in combinations sufficient to
be toxic or harmful to human, animal, plant, or aquatic life, or in amounts
sufficient to interfere with any beneficial use of the water.

(5) Substances or conditions or combinations thereof in concentrations which


produce undesirable aquatic life.

(6) Soil particles resulting from erosion on land involved in earthwork, such as the
construction of public works; highways; subdivisions; recreational, commercial,
or industrial developments; or the cultivation and management of agricultural
lands.

b. The following conditions as proposed in the letter of September 12, 2008, are hereby
incorporated into this conditional Section 401 WQC and shall also be incorporated into
Part 6 of the Final Region 9 VGP for discharges into Waters of the State of Hawaii
"incidental to the normal operation of commercial vessels":

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(1) Any discharge which would be unlawful under HRS, Section 342D-51 (or
Section 30l(a) of the Clean Water Act) must be reported to the Director, Water
Division, EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, and to
the Director of Health, Hawaii Department of Health, 919 Ala Moana Blvd., Rm.
301, Honolulu, Hawaii 96814-4920 within 24 hours of the discharge, unless a
valid NPDES permit issued under HRS, Section 342D-6 (or Section 402 of the
Clean Water Act) specifies another reporting period for the specific discharge.

(2) Enterococcus shall be added to the list of analytes for which samples shall be
taken in accordance with Parts 5.1.2.2.1, 5.1.2.2.2, 5.2.2.2.1 and 5.2.2.2.2 of the
VGP. Monitoring results shall be reported to the Director of Health, Hawaii
Department of Hea1th, 919 Ala Moana Blvd, Rm. 301, Honolulu, Hawaii 96814­
4920 in addition to EPA's Washington DC office.

(3) Receiving waters of the State of Hawaii shall be free of substances attributable
to the discharges including high or low temperatures; biocides; pathogenic
organisms; toxic, radioactive, corrosive, or other deleterious substances at levels
or in combinations sufficient to be toxic or harmful to humans, animal, plant, or
aquatic life, or in amounts sufficient to interfere with any beneficial use of the
water.

(4) Receiving waters of the State of Hawaii shall be free of substances attributable
to the discharges including floating debris, oil, grease, scum, or other floating
materials.

c. Ballast water discharges from "Qualifying Vessels" shall also comply with the
provisions of HAR, Chapter 13-76.

The term "Qualifying Vessels", as defined in HAR, Section 13-76-12, means all vessels,
United States or foreign flagged, carrying ballast water into state marine waters after
operating outside the EEZ.

The term "EEZ", as defined in HAR, Section 13-76-12, means the United States
exclusive economic zone established by Presidential Proclamation No. 5030, dated
March 10, 1983, which extends from the baseline of the territorial sea of the United
States seaward 200 nautical miles, substantially as defined in federal law 33 CFR
151.2025, dated July 1, 2005.

d. Discharges from "Commercial Passenger Vessels" shall comply with requirements


specified in HRS, Sections 342D-I02, 342D-I03, 342D-I04, 342D-105 and 342-106 of
PART VI of HRS, Chapter 342D titled "DISCHARGES FROM COMMERCIAL
PASSENGER VESSELS." "Commercial passenger vessel," as defined in HRS, Section
342D-I 0I, means a vessel that carries passengers for hire. The term does not include a
vessel:

(1) Authorized to carry fewer than fifty passengers;

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(2) That does not provide overnight accommodations for at least fifty passengers
for hire, determined with reference to the number of lower berths and based on an
average of two persons per cabin; or

(3) Operated by the United States or a foreign government.

e. Concentration of Total Residual Chlorine (TRC) in et11uent discharges shall not


exceed an acute concentration of 13.0 ug/I in salt water or an acute concentration of 19.0
mcg/l in fresh water

g. State waters affected by the applicable discharge activities are subject to monitoring
and to the standards for acute and chronic toxicity and the protection of human health as
specified in HAR, Subsection 11-54-4(b).

h. The discharge incidental to normal operation of commercial vessels and commercial


fishing vessels permitted under the authorization of EPA VGP shall not interfere with or
become injurious to any assigned uses made of (designated uses, as defined in BAR,
Section 11-54-1, and specified in BAR, Section 11-54-3), or presently in (existing uses,
as defined in BAR, Section 11-54-1, and specified in BAR, Subsection 11-54-1.1), those
waters.

It shall constitute a violation under HRS, Chapter 342D; HAR, Chapter 11-54; and this WQC if
any discharges resulting from the activities authorized under the EPA VGP, resulting in any
noncompliance to terms, requirements, restrictions, or limitations as specified in this WQC. The
DOH reserves the right to take enforcement actions authorized by law.

After consideration of the expressed views of all interested persons and agencies and pertinent
State statutes and rules, the DOH hereby issues this conditional Section 401 WQC to the EPA,
Region 9, for the proposed VGP for listed discharges incidental to the normal operation of
commercial vessels.

6.8 Hualapai Tribe:

Hualapai Tribe certified with the following conditions:

In response to the U.S. Environmental Protection Agency (EPA) request for certification of two
National Pollutant Discharge Elimination System (NPDES) general permits: The Vessel General
Permit (VGP) and Recreational Vessel General Permit (RGP) for Discharges Incidental to the
Normal Operation of Commercial and Large Recreational Vessels. Water bodies within the
jurisdiction of the Hualapai Tribe, the Hualapai Tribes water quality standards and corresponding
mitigation measures will be adhered to in accordance with all rights and obligations stemming
from tribal sovereignty and Treatment as a State under the Clean Water Act. The Tribe requires
that all permits issued in close proximity to Hualapai waters, be consistent with the Tribes’ water
quality standards set forth in the Hualapai Environmental Review Code, Subtitle I. Water
Resources and Wetlands, Part 1. Water Resources Ordinance; 401 certification is hereby given.

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6.9 Idaho:

Idaho certified the VGP with the following additional permit conditions:

Reporting of Discharges Containing Hazardous Substances or Oil


Any discharges containing hazardous substances or oil must be reported to the Idaho State
Communications Center (1-800-632-8000) or to the appropriate DEQ Regional Office (IDAPA
58.01.02.850).

Regional Office Phone Number Regional Office Phone Number


Boise (208) 373-0550 Lewiston (208) 799-4370
Coeur d’Alene (208) 769-1422 Pocatello (208) 236-6168
Idaho Falls (208) 528-2650 Twin Falls (208) 736-2190

Regulations Prohibiting Discharges on Certain Water Bodies


Owners or operators of vessels covered by this general permit must be aware of and comply with
applicable Idaho Administrative Code provisions governing discharges from vessels. The
discharge of graywater or a sewage/graywater mixture otherwise authorized under this general
permit is prohibited in certain regions of the state pursuant to IDAPA 41.01.01.200.01(c). Those
areas include Boundary, Bonner, Kootenai, Benewah, and Shoshone counties in northern Idaho.
(IDAPA 41.01.01.200.01 et seq.)

6.10 Illinois:

Illinois certified the VGP with the following additional permit conditions:

1. Discharges of wastestreams containing Bioaccumulative Chemicals of Concern (BCCs)


from vessels covered by the Vessel General Permit shall be consistent with the provisions
of 35 Ill. Adm. Code 302.520, 302,521, and 302.530.

2. All discharges to Waters of the State from vessels covered by the Vessel General Permit
shall not cause a violation of Illinois Water Quality Standards, as found at 35 Ill. Adm.
Code Part 302 or effluent standards, as found at 35 Ill. Adm. Code Part 304.

3. No effluent from any vessel covered by the Vessel General Permit shall contain settleable
solids, floating debris, visible oil, grease, scum or sludge solids. Color, odor and turbidity
must be reduced to below obvious levels, pursuant to 35 Ill. Adm. Code 304.106.

4. Any vessel covered by the Vessel General Permit discharging ballast water employing
ballast water treatment systems using chlorine shall not exceed a maximum total residual
chlorine limit of 0.05 mg/l. The usage of other biocides shall not cause a violation of
applicable water quality standards and shall not be discharged in concentrations
considered to be toxic or harmful to aquatic life, pursuant to 35 Ill Adm. Code 302.210,
302.410, and 302.540.

5. The discharge from any vessel covered by the Vessel General Permit shall be free from
any substances or combination of substances in concentrations toxic or harmful to human

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health, or to animal, plant or aquatic life, pursuant to 35 Ill Adm. Code 302.210, 302.410,
and 302.540.

6. No bilge or ballast water from vessels covered by the Vessel General Permit which fails
to meet the effluent standards of Part 304 shall be discharged to waters of the State
pursuant to 35 Ill. Adm. Code 308.103.

7. Except as provided in Condition No. 8, discharges of ballast water from vessels covered
by the Vessel General Permit to the Illinois portion of Lake Michigan must meet the
International Maritime Organization certified treatment standard according to the
following schedule:
a. For vessels constructed prior to January 1, 2012, meeting the applicability
criteria in the federal NPDES permit, treatment shall be installed an
operational to meet the performance standards for organisms included in
Table A by January 1, 2016.
b. For vessels constructed after January 1, 2012, meeting the applicability
criteria in the federal NPDES permit, treatment stall be installed and
operational to meet the performance standards for organisms included in
Table A prior to commencement of vessel operation.

Table A. Biological Performance Standards for Ballast Water Treatment Technology


Parameter Limit Limit Type Sample Type
3
Organisms > 50um in <10 viable/m Daily Average Composite
minimum dimension
Organisms 10-50 um in <10 viable/ml Daily Average Composite
minimum dimension
Escherichia coliform <250 cfu/100ml Daily Average Composite
Intestinal enterococci <100 cfu/100 ml Daily Average Composite
Analysis required by the above table shall be performed consistent with current protocols.

8. If ballast water treatment technologies, standards or limitations are adopted or approved


by the USEPA, the U.S. Coast Guard, or other duly authorized Federal Agency and
incorporated into the Vessel General Permit, the Agency will review the new or modified
Vessel General Permit to ensure compliance with applicable Illinois laws and regulations.
Based on that review, the Agency will waive, modify the existing certification or issue a
new certification pursuant to Section 401 of the Clean Water Act.

9. If the IEPA determines that vessel discharges covered by the Vessel General Permit
cannot comply with the conditions of this certification or the Illinois Water Quality
Standards, then this certification may be amended to include different limitations,
conditions, or requirements which are consistent with applicable laws, regulations, or
judicial orders. The Agency will public notice any proposed amendments to the
certification.

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10. The issuance or this certification pursuant to Section 401 of the Clean Water Act does not
release any dischargers from responsibilities or liabilities for past or future violations of
federal, state, or local laws or regulations, nor does it release any potential dischargers
from the responsibility of obtaining permits, including any from the IEPA, or other
approvals from other units of government as may be required by law.

6.11 Indiana:

Indiana certified the VGP with the following additional permit conditions:

The following conditions shall apply to any activity that qualifies under this general permit.

1. Permittee shall allow the commissioner or an authorized representative of the


commissioner (including an authorized contractor), upon the presentation of credentials:
a. to enter and inspect covered vessels;
b. to have access to and copy at reasonable times any records that must be kept
under the conditions of this certifications;
c. to inspect, at reasonable times, any monitoring or operational equipment or
method; collections, treatment, pollution management or discharge facility or
device; practices required by this certification; and
d. to sample or monitor any discharge of pollutants from covered vessels.
2. This granting of WQC does not relieve permittee from the responsibility of obtaining any
other permits or authorizations that may be required for the project or related activities
from the IDEM or any other agency or person.
3. This certification does not:
a. Authorize impacts or activities outside the scope of this certification;
b. Authorize any injury to permittees or private property or invasion of other private
rights, or any infringement of federal, state, or local laws or regulations;
c. Convey any property rights of any sort, or any exclusive privileges; or
d. Preempt any duty to obtain federal, state or local permits or authorizations
required by law.
4. The IDEM, for any vessel that qualifies under the terms and conditions of this
certifications, may choose to require an individual WQC if it determines that the vessel
would have more than minimal impacts to water quality, either viewed individually or
collectively with other activities that may affect the same waterbody.
5. Activities authorized by the general permit shall not violate or exceed Indiana’s Water
Quality Standards at 327 IAC 2.
6. Discharges of ballast water to the Indiana portion of Lake Michigan must meet the
International Maritime Organization certified treatment standard according to the
following schedule:
a. For ocean-going vessels constructed prior to January 1, 2012, and meeting the
applicability criteria in the federal NPDES permit, treatment shall be installed and
operational to meet the performance standards for organisms included in Table 1
by January 1, 2016.
b. For ocean-going vessels constructed after January 1, 2012, and meeting the
applicability criteria in the federal NPDES permit, treatment shall be installed and

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operational to meet the performance standards for organisms included in Table 1


prior to commencement of vessel operation in Indiana State waters.

Analysis required by Table 1 shall be performed consistent with the protocols


currently being validated by the EPA Environmental Technology Verification
Program (EPA/U.S. Coast Guard/Naval Research Laboratory) and/or the
following Great Ships Initiative protocols: The Procedure for Algae/Small
Protozoan Sample Analysis, the Procedure for Zooplankton Sample Analysis, the
Procedure for the Detection and Enumeration of E. coli by Membrane Filtration
available online at http://www.nemw.org/GSI/protocols.htm

c. If the federal government adopts treatment standards more stringent than IMO,
then those standards shall replace those in Table 1 for new treatment systems
installed after the date those federal standards go into effect.

Table 1. Biological performance standards for ballast water treatment technology


Parameter Limit Limit Type Sample Type
Organisms > 50um in <10 viable2/m3 Daily Average Composite3
minimum dimension
Organisms 10-50 um in <10 viable/ml Daily Average Composite
minimum dimension
Escherichia coliform <250 cfu/100ml Daily Average Composite
Intestinal enterococci <100 cfu/100 ml Daily Average Composite

7. Any ocean-going vessel discharging ballast water employing ballast water treatment
systems using chlorine, shall not exceed a maximum total residual chlorine limit of .02
mg/l. The usage of other biocides shall not be discharged in concentrations considered to
be toxic or harmful to aquatic life or in concentrations that would violate applicable water
quality standards.

6.12 Iowa:

Iowa certified the VGP with the following additional permit conditions:

Conditions:

1. Permittee is responsible for securing and for compliance with such other permits or
approvals as may be required by the IDNR, federal, state, or local governmental agencies
for the project activities described.

2
“Viable organism” means organisms that are living and able to reproduce.
3
“Composite” sample type is a combination of individual grab samples taken at periodic intervals over the specified
time period. Either samples taken at equal time intervals shall be combined using a volume of each sample that is
proportional to the flow that sample represents, or equal volume samples shall be combined that are taken at
intervals of equal flow volumes.

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2. If the vessel discharges oil or hazardous substances in the water, immediately call
the U.S. Coast Guard at 1-800-424-8802 and the IDNR Emergency Response Unit at
1-515-281-8694.
3. Deleted.
4. It is illegal for anglers to possess, introduce, purchase, sell, or transport aquatic invasive
species in Iowa except when a species is being removed from watercraft or equipment, is
caught and immediately killed or returned to the water from which it came, or is being
transported in a sealed container for identification purposes. It is also illegal to introduce
any live fish, except for hooked bait, into public waters.
5. It is illegal to dump trash into federally controlled or state waters.
6. It is illegal to discharge oil or hazardous substances into the water.
7. Oil may not be dumped into the bilge of the vessel without means for proper disposal.
8. Oil waste must be disposed of at an approved reception facility. On recreational vessels, a
bucket or bailer is adequate for temporary storage.
9. Recreational vessels with installed toilets must have an operable marine sanitation device
on board. All installed devices must be U.S. Coast Guard-certified.
10. The United States Coast Guard’s Mandatory Practices for all vessels with ballast tanks on
all waters of the United States, regardless of Exclusive Economic Zone (EEZ) Entry (33
CFR 151.2035(a)) must be followed.
11. Deleted.

6.13 Kansas:

Kansas certified the VGP with the following conditions:

The permittee shall not cause or contribute to a violation of the following narrative Kansas
Surface Water Quality Standards [KAR 28-16-28e(B)]:
(1) Surface waters shall be free, at all times, from the harmful effects of substances that
originate from artificial sources of pollution and that produce any public health hazard,
nuisance condition, or impairment of a designated use.
(2) Hazardous materials derived from artificial sources, including toxic substances,
radioactive isotopes, and infectious microorganisms derived directly or indirectly from
point or nonpoint sources, shall not occur in surface waters at concentrations or in
combinations that jeopardize the public health or the survival or well-being of livestock,
domestic animals, terrestrial wildlife, or aquatic or semiaquatic life.
(3) Surface waters shall be free of all discarded solid materials, including trash, garbage,
rubbish, offal, grass clippings, discarded building or construction materials, car bodies,
tires, wire, and other unwanted or discarded materials. The placement of stone and
concrete rubble for bank stabilization shall be acceptable to the department, if all other
required permits are obtained before placement.
(4) Surface waters shall be free of floating debris, scum, foam, froth, and other floating
materials directly or indirectly attributable to artificial sources of pollution.
(5) Oil and grease from artificial sources shall not cause any visible film or sheen to form
upon the surface of the water or upon submerged substrate or adjoining shorelines, nor
shall these materials cause a sludge or emulsion to be deposited beneath the surface of the
water or upon the adjoining shorelines.

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(6) Surface waters shall be free of deposits of sludge or fine solids attributable to artificial
sources of pollution.
(7) Taste-producing and odor-producing substances of artificial origin shall not occur in
surface waters at concentrations that interfere with the production of potable water by
conventional water treatment processes, that impart an unpalatable flavor to edible
aquatic or semiaquatic life or terrestrial wildlife, or that result in noticeable odors in the
vicinity of surface waters.
(8) The natural appearance of surface waters shall not be altered by the addition of color-
producing or turbidity-producing substances of artificial origin.

6.14 Maine:

Maine certified the VGP with the following additional permit conditions:

1. Large Commercial Passenger Vessels that provide overnight accommodations for 250 or
more overnight passengers are prohibited from discharging graywater or a mixture of
graywater and blackwater to the coastal waters unless they first obtain authorization to
discharge through Maine Department of Environmental Protection General Permit
#W008222-5Y-A-N dated December 22, 2005.4
2. Large Commercial Passenger Vessels are prohibited from discharging graywater into No
Discharge Areas designated pursuant to Section 312 of the Act, 33 CFR Part 159 and 40
CFR Part 140.
3. Large Commercial Passenger Vessels must report discharges of blackwater or graywater
not authorized through Permit #W008222-5Y-A-N, or discharges to No Discharge Areas,
to the Department.5
4. No vessel covered by the VGP may discharge pollutants to Class GPA or class SA
waters.6
5. No vessel covered by the VGP may conduct underwater hull cleaning except as part of
emergency hull repairs necessary to secure the vessel or saving a life at sea. The Maine
Department of Environmental Protection has determined that removal of biological
growth, debris, or scrubbing the hull to reveal fresh antifouling coatings will invariable
release pollutants at levels potential toxic to the marine environment.

6.15 Massachusetts:

Massachusetts certified the VGP subject to the following conditions:

Unnumbered section
The discharge of tetrachloroethylene (TCE) from all activities (not just drycleaning) is
prohibited.

Section 2.2.3.8 Vessels Engaged in Pacific Nearshore Voyages with Unpumpable Ballast
Water and Residual Sediment (including NOBOBs)

4
38 MRSA §423-D
5
38 MRSA §423-D
6
38 MRSA §465-A (1) and 38 MRSA §465-B(1)

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Ballast water exchange requirements similar to those proposed for Pacific near- shore voyages
(section 2.2.3.8) are required for vessels engaged in coastwise trade on the Atlantic or Gulf
Coasts that will discharge to waters subject to this permit.

Section 2.2.15 Graywater


Vessels that have the capacity to store graywater are prohibited from discharging it in areas listed
in Part 12.1. In Massachusetts these areas include: the Boston Harbor Islands National
Recreation Area, the Cape Cod National Seashore, and the Essex National Heritage Area.

Section 2.2.15 Graywater


The discharge of untreated graywater within 3 nautical miles (nm) for vessels greater than 400
gross tons is prohibited, regardless of the speed of the vessel. Treated graywater must meet the
graywater treatment standards included in Section 5.1.1.1.2 of the VGP.

Section 2.2.21 Seawater Piping Biofouling Prevention


All seawater piping biofouling discharges shall meet the same chlorine discharge limit of 10 µg/l
as is proposed in the graywater treatment standards (e.g., Section 5.1.1.1.2).

Section 2.2.25 Underwater Ship Husbandry Discharges


Discharges associated with Underwater Ship Husbandry are prohibited in waters within 3 nm.
Specifically, the removal of fouling organisms is prohibited within 3 nm in order to prevent the
spread of invasive species. In addition, all hull cleaning shall occur while a vessel is in drydock
or at another landside facility so that wash water and hull cleaning residuals can be collected and
disposed of properly.

Section 2.2.27 Graywater Mixed with Sewage from Vessels


Graywater commingled with sewage is not allowed to be discharged in No Discharge Areas. As

of December 2008, three quarters of Massachusetts’ coastal waters have been designated as

NDAs. A map of No Discharge Areas in Massachusetts can be found at

http://www.epa.gov/region01/eco/nodiscrg/index.html.

Section 5.1.1.1.1 Graywater Discharge Location and Rate (for large cruise ships)

The discharge of all (treated and untreated) graywater from large cruise ships is prohibited within

3 nm of shore unless the discharge meets the graywater treatment standards in Section 5.1.1.1.2.

Sections 5.1.1.1.2 Graywater Treatment Standards (for large cruise ships)

All discharges of graywater for large cruise ships shall meet the state water quality standard for

fecal coliform of 14 fecal coliform colony forming units (cfu) per 100 ml with not more than 10

percent of the samples exceeding 28 fecal coliform cfu per 100 ml.

Section 5.2.1.1.1 Graywater Discharge Location and Rate (for medium cruise ships)

The discharge of all (treated and untreated) graywater from medium-sized cruise ships (those

authorized to carry 100-499 passengers) is prohibited within 3 nm of shore unless the discharge

meets the graywater treatment standards in Section 5.2.1.1.2.

Sections 5.2.1.1.2 Graywater Treatment Standards (for medium cruise ships)

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All discharges of graywater from medium cruise ships shall meet the state water quality standard
for fecal coliform of 14 fecal coliform cfu per 100 ml with not more than 10 percent of the
samples exceeding 28 fecal coliform cfu per 100 ml.

Section 5.3.1.2.1 Graywater Discharge Location and Rate (for large ferries)
The discharge of all (treated and untreated) graywater from large ferries (those authorized to
carry more than 100 tons of land transportation vehicles or greater than 250 people) is prohibited
with 3 nm of shore unless the discharge meets the graywater treatments standards in Section
5.2.1.1.2.

Section 5.8.1 Authorization of Residual Biocides Associated with Experimental Ballast


Water Treatment Systems
All discharges from experimental ballast water treatment systems shall contain no more than 10
ug/l total residual chlorine (TRC, as is proposed in the graywater treatment standards (e.g.,
Sections 5.1.1.1.2 and 5.2.1.1.2).

6.16 Michigan:

Michigan certified the VGP with the following additional permit conditions:

1. Discharges of blackwater and graywater from vessels covered by the USEPA’s VGP are
prohibited in Michigan waters. (Part 95, Watercraft Pollution Control, of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended, [NREPA])
2. Oceangoing vessels covered by the USEPA’s VGP are prohibited from discharging
ballast water in Michigan waters, unless the vessel has obtained a Certificate of Coverage
under the Ballast Water Control General Permit (Permit No. MIG140000) or an
Individual Permit from the MDEQ and is in full compliance with the discharge
limitations, monitoring requirements, and other conditions set forth in that General
Permit or Individual Permit. (Section 3112[6]of Part 31, Water Resources Protection, of
the NREPA)
3. Non-oceangoing vessels covered by the USEPA’s VGP that operate experimental ballast
water treatment systems are prohibited from discharging ballast water in Michigan waters
with total residual chlorine concentrations above 38 micrograms per liter (µg/l) when the
ballast water discharge duration exceeds 160 minutes, or above 200 µg/l when the ballast
water discharge duration is less than or equal to 160 minutes. Non-oceangoing vessels
covered by the USEPA’s VGP that operate experimental ballast water treatment systems
are prohibited from discharging ballast water in Michigan waters with chlorite
concentrations above 13 µg/l. (R 323.1057 of the MWQS)
4. Each vessel required to operate a ballast water treatment system pursuant to Condition
No. 2 of the Certification shall allow the MDEQ reasonable entry onto the vessel for
inspection, access to records, and collection of a ballast water discharge sample(s) for
determining compliance with this Certification and applicable laws. In the event ballast
water monitoring results indicate the discharge of aquatic nuisance species to Michigan
waters is not being effectively prevented as determined by the MDEQ, the vessel operator
shall cease any further discharges of ballast water until an aquatic nuisance species
discharge prevention plan, submitted to, and approved by the MDEQ, is implemented. (R

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323.2149 of the Part 21 rules, Wastewater Discharge Permits, promulgated under Part 31
of the NREPA)
5. All vessels covered by the USEPA’s VGP are prohibited from lowering the water quality
of Michigan’s Outstanding State Resource Waters or their tributaries. The following
water bodies in Michigan are designated as Outstanding State Resource Waters: (R
323.1098 of the MWQS)
• The Carp River (Mackinac County) – The 7.5 mile segment from Michigan State
Highway 123, T42N, R5W, Section 2, to one-quarter mile upstream from Forest
Development Road 3119, T42N, R4W, Section 4.
• The Carp River (Mackinac County)- the 4.9-mile segment from one-quarter mile
downstream of Forest Development Road 3119, T42N, R4W, Section 3 to
McDonald Rapids.
• The east branch of the Ontonagon River (Houghton and Ontonagon Counties) –
the 25.5 mile segment from the east branch of the Ontonagon River’s confluence
with and unnamed stream in T48N, R37W, Section 30, to the Ottawa National
Forest boundary, T50W, R38W, Section 33.
• The middle branch of the Ontonagon River (Ontonagon County)- the 17.4 mile
segment from Trout Creek, T48N, R38W, Section 20, to the northern boundary of
the Ottawa National Forest, T48N, R39W, Section 12.
• The Sturgeon River (Baraga and Houghton Counties) – The 16.5 mile segment
from the Sturgeon River’s entry into the Ottawa National Forest, T48N, R35W,
Section 12, to Prickett Lake.
• The east branch of the Tahquamenon River (Chippewa County) – the 3.2 mile
segment from the center of T46, R6W, Sections 20, to the boundary of the
Hiawatha National Forest, T46N, R6W, Section 19.
• The Yellow Dog River (Marquette County) – the 4 mile segment from the Yellow
Dog River’s origin at the outlet of Bulldog Lake Dam, T50N, R29W, Section 31,
to the boundary of the Ottawa National Forest. T50N, R29W, Section 17.
• The main, north, south, east, and west branches of the Two Hearted River and
Dawson Creek from their headwaters to the mouth of the river at Lake Superior.
• Water bodies within the designated boundaries of the following national parks or
lakeshores: Sleeping Bear Dunes National Lakeshore, Picture Rocks National
Lakeshore, and Isle Royale National Park.
6. All Discharges in Michigan waters from vessels covered by the USEPA’s VGP are
prohibited from causing or contributing to exceedances of the MWQS. (Part 4 rules)
7. No condition in the USEPA’s VGP may be made less restrictive because such action may
violate the requirements of Michigan state law, including the MWQS.
8. Nothing in this Certification diminishes, negates, or precludes the state of Michigan from
bringing civil and/or criminal actions for violations of state law and/or state issued
permits. (Part 31 of the NREPA)
9. If the MDEQ determines that vessel discharges covered by this Certification can no
longer comply with this Certification, the MDEQ may revoke or modify the Certification
after appropriate public notice. (CWA, Section 401)
10. The MDEQ reserves the right to modify this Certification, after appropriate public notice,
to require non-oceangoing vessels covered by the USEPA’s VGP to install and operate
ballast water treatment systems to prevent the discharge of aquatic nuisance species to

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Michigan waters, if a determination is made by the MDEQ’s Director that such ballast
water treatment systems are necessary, available, and cost effective.
11. All conditions of this Certification apply in all Michigan waters regardless of their
distance from shore. (Part 4 rules)
12. The issuance of this Certification does not authorize violation of any Federal, state, or
local laws or regulations, nor does it obviate the necessity of obtaining such permits,
including any other MDEQ permits, or approvals from other units of government as may
be required by law. (Part 31 of the NREPA)
13. The contact point for consultation, submittals, an approvals as referred to in this

Certification is:

MDEQ Chief, Surface Water Assessment Section

P.O Box 30273


Lansing, Michigan 48909-7773
Phone: 517-335-4121

6.17 Minnesota:

Minnesota certified the VGP with the following additional permit conditions:

1. Vessels covered by the EPA's VGP must obtain any permits required by the state of
Minnesota for vessel discharges. (Minn. Stat. § 115.07). The MPCA's ballast water
discharge general permit MNG300000 requires vessels meeting the permit's applicability
criteria to comply with the following biological performance standards and
implementation schedule:
a. Table A Biological Performance Standards for Ballast Water Treatment Technology
Parameter Limit Limit Type Sample Type
3
Organisms >50um in minimum <10 viable /m Daily average Composite
dimension
Organisms 10-50 um in <10 viable / ml Daily average Composite
minimum dimension
Escherichia coliform <250 cfu / 100 ml Daily average Composite
Intestinal enterococci <100 cfu / 100 ml Daily average Composite

b. For vessels constructed prior to January 1, 2012, and meeting the applicability criteria
in the permit, treatment shall be installed and operational to meet the performance
standards for organisms included in Table A by January 1, 2016.
c. For vessels constructed after January 1, 2012, and meeting the applicability criteria in
the permit, treatment shall be installed and operational to meet the performance standards
for organisms included in Table A prior to commencement of vessel operation in the
Minnesota state waters of Lake Superior.

2. Vessels covered by the EPA's VGP must comply with a ballast water and sediment
management plan approved by the MPCA and maintain a ballast record book meeting the
requirements prescribed by the MPCA. (Minn. Stat. § 115.0306, 115.0307).

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3. Discharge of ballast water from vessels employing ballast water treatment systems using
chlorine must meet a maximum total residual oxidants limit, measured as total residual
chlorine, of 0.038 mg/L. (Minn. R. 7050.0220).
4. Each condition in the proposed permit cannot be made less stringent without potentially
violating the requirements of Minnesota State law, including water quality standards.
5. If the MPCA determines that vessel discharges covered by this Certification can no
longer comply with Section 401 of the Clean Water Act or Minnesota laws and
regulations, then this Certification may be revoked or modified. (Minn. R. 7001.1450,
Minn. R. ch. 7050, 7052, and 7053).

6.18 Missouri:

Missouri certified the VGP with the following additional permit conditions:

1. The National Pollutant Discharge Elimination System (NPDES) permit is written such
that limitations do not cause the general or numeric criteria to be exceeded nor impair
beneficial uses established in the Water Quality Standards, 10 CSR 20-7.031.
2. Representatives from the department shall be allowed to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the letters and conditions of the permit.
3. This Water Quality Certification shall not be construed or interpreted to imply the
requirements for other permits are replaced or superceded. Any NPDES Permits, Land
Disturbance General Permits, or other requirements shall be complied with.

6.19 Nebraska:

Nebraska certified the VGP with the following permit conditions:

Chapter 6, § 004 of Title 117 – Nebraska’s Surface Water Quality Standards, states that:

“No discharge of wastewater from domestic, municipal, or industrial sources shall be allowed
directly into lakes or impounded waters except:

“004.01 Wastewater from sources authorized by NPDES permits to discharge to these


waters prior to May 10, 1982 which have operated under active NPDES permits since
then.

“004.02 Noncontact cooling waters from sources authorized by NPDES permits to


discharge to these waters.

“004.03 Stormwater from sources authorized by NPDES permits to discharge to these


waters.”

This precludes allowing discharges into lakes and reservoirs of greywater, bilge water, or any
sewage commingled with any other discharge as described in the permits and in Federal
Register Vol. 73, No. 117, pp 34296 through 34304. Vessels on these waters will need to
discharge to these wastewaters into sanitary dump stations that do not result in discharge to

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lakes or impounded waters. Cooling water discharges are allowed. Use of these General
Permits for vessels operating on streams of the State of Nebraska is acceptable.

With that condition observed, use of these General Permits for vessels operating on streams of
the State of Nebraska is acceptable.

We therefore, by this letter, provide Section 401 Water Quality Certification. This certification
does not constitute authorization to conduct your project. It is a statement of compliance with the
Surface Water Quality Standards only, which is one requirement to gain authorization from the
U.S. Army Corps of Engineers in the form of a Section 404 permit.

6.20 Nevada:

Nevada certified the VGP with the following additional permit conditions:

1. The proposed discharges permitted by the VGP will comply with all applicable
State, Local, Interstate Agency and Federal laws, policies and regulations
governing the protection of the beneficial uses of the State’s Waters.

2. If in the opinion of the State the Final VGP does not adequately protect the
Waters of the State or does not achieve compliance with the Nevada Water
Quality Standards and other applicable provisions of state law, the 401 WQC may
be modified or revoked.

3. This 401 WQC is valid until the VGP is modified, reissued, suspended or
revoked. EPA must reapply for a new 401 WQC if any of these actions occur.

6.21 New Hampshire:

New Hampshire certified the VGP with the following additional permit conditions:

Upon final issuance by the federal EPA, the New Hampshire Department of Environmental
Services assumes EPA will include the following provision: “On September 30, 2005, the State
of New Hampshire was granted permission by EPA for a No Discharge Area. The No Discharge
Area consists of all tidal and estuarine waters, including all bays and rivers to the tidal dams, and
all ocean waters within three miles of the New Hampshire shoreline and Isles of Shoals. In the
No Discharge Area, all boat sewage discharge, whether treated or untreated, is prohibited.”

6.22 New York:

New York certified the VGP with the following additional permit conditions:

DEC certifies there is a reasonable assurance that discharges from vessels covered by the United
States Environmental Protection Agency General Permit for discharges incidental to the normal
operation of commercial vessels and large recreational vessels (VGP) will comply with the
applicable provisions of 33 U.S.C §§ 1311, 1312, 1313, 1316, 1317 and 1341, (CWA §§ 301,
302, 303, 306, 307 and 401), and that permittees and their activities will not contravene

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applicable limitations, standards and other appropriate requirements of State law, provided the
following conditions set forth in the Certification are met.

The CWA’s “objective . . . is to restore and maintain the chemical, physical and biological
integrity of the Nation’s waters (and) [i]n order to achieve this objective . . .

(1) it is the national goal that the discharge of pollutants into the navigable waters be
eliminated by 1985;
(2) it is the national goal that wherever attainable, an interim goal of water quality which
provides for the protection and propagation of fish, shellfish, and wildlife and provides
for recreation in and on the water be achieved by July 1, 1983;
(3) it is the national policy that the discharge of toxic pollutants in toxic amount be
prohibited.

33 U.S.C. § 1251 (a). In addition, the Act requires that “[i]n order to carry out (its) objective . . .
there shall be achieved

– not later than July 1, 1977, any more stringent limitation, including those necessary to
meet water quality standards, treatment standards, or schedules of compliance,
established pursuant to any State law or regulations (under authority preserved by section
1370 of this title) or any other Federal law or regulation, or required to implement any
applicable water quality standard established pursuant to this chapter.

33 U.S.C. § 1311 (b)(1)(C). The CWA further requires that “water quality standard(s) shall
consist of the designated uses of the navigable waters involved and the water quality criteria for
such waters based on such uses.” 33 U.S.C. § 1313(c)(2)(A). Moreover, EPA regulations
implementing the Act’s requirements to “maintain” the chemical, physical, and biological
integrity of the nation’s waters require States to include in their water quality standards an
antidegradation policy. 40 C.F.R. 131.6(d); 40 C.F.R. 131.12. Among other aspects of the
required antidegradation policy is the protection of existing uses, 40 C.F.R. 131.12(a)(1), defined
as “those uses actually attained in the water body on or after November 28, 1975, whether or not
they are included in the water quality standards.” 40 C.F.R. 131.3(e).

New York Environmental Conservation Law (ECL) Article 17 is entitled “Water Pollution
Control.” Its declaration of policy states:

It is declared to be the public policy of the state of New York to maintain reasonable
standards of purity of waters of the state consistent with public health and public
enjoyment thereof, the propagation and protection of fish and wild life, including birds,
mammals and other terrestrial and aquatic life, and the industrial development of the
state, and to that end requires the use of all known available and reasonable methods to
prevent and control the pollution of the waters of the state of New York.

ECL § 17-0101. Department regulations adopted pursuant to ECL Article 17 define “pollution”
as follows:

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Pollution means the presence in the environment of conditions and/or contaminants in


quantities of characteristics that are or may be injurious to human, plant or animal life or
to property or that unreasonably interfere with the comfortable enjoyment of life and
property throughout such areas of the State as shall be affected thereby.

6 NYCRR § 700.1(a)(47). Both the CWA and the ECL define “pollutant” to include “biological
materials”. 33 U.S.C. § 1362 (6); ECL § 17-0105 (17). The ECL further defines “pollutant” to
include “ballast”. Id.

Pursuant to ECL Section 17-0301, DEC has developed water quality standards for the waters of
New York State. Title 5 of ECL Article 17 makes unlawful any discharges that violate those
water quality standards, providing that:

[i]t shall be unlawful for any person, directly or indirectly, to throw, drain, run or
otherwise discharge into such waters organic or inorganic matter that shall cause or
contribute to a condition in contravention of the standards adopted by the department
pursuant to section 17-0301.

ECL § 17-0501. Department regulations adopted pursuant to ECL Article 17 broadly define
effluent limitations that serve to, inter alia, control the discharges prohibited under ECL § 17-
0501.

Effluent limitations mean any restriction on quantities, qualities, rates and concentrations
of chemical, physical, biological, and other constituents of effluents that are discharged
into or allowed to run from an outlet or point source or any other discharge within the
meaning of section 17-0501 of the Environmental Conservation Law into surface waters,
groundwater or unsaturated zones.

6 NYCRR § 700.1(a)(15).

New York’s water quality standards establish classifications and designated uses of New York
waters. 6 NYCRR Part 701. New York’s water quality standards also include the water quality
criteria set forth at 6 NYCRR Part 703. Included therein is the criteria, that, for numerous
identified classes of waters, limits the discharge of “toxic or other deleterious substances” to
“none in amounts that will . . . impair the waters for their best usages.” 6 NYCRR § 703.2. The
best usages of the classes of waters specified in 6 NYCRR § 703.2 include fish, shellfish and
wildlife propagation and survival, fishing, drinking water supply, and primary and secondary
contact recreation. Further, consistent with the requirements of the CWA, New York’s Water
Quality Antidegradation Policy, implemented through State laws including ECL Article 17 and
Department regulations adopted pursuant thereto, operates to ensure existing instream water uses
and the level of water quality necessary to maintain and protect those existing uses. See DEC
Organization and Delegation Memorandum No. 85-40, Water Quality Antidegradation Policy,
September 9, 1985.

As further explained herein, Conditions #1-6 of this Certification are needed to assure
compliance with the CWA and the provisions of New York State law set forth above. In

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accordance with 40 CFR § 124.53(e)(2), the CWA and State law provisions cited above form the
basis for each of Conditions #1-6 of this Certification. In accordance with 40 CFR § 124.53
(e)(3) these conditions cannot be made less stringent and still comply with the requirements of
State law, including State water quality standards. Since the requirements of New York State
law, including water quality standards, are more stringent than the protections the VGP would
provide, this water quality certification is necessary.

This certification shall expire five years after the date of issuance of the EPA’s VGP.

Note that all studies, reports, authorities and other documents cited herein are incorporated into
this Certification by reference.

Certification Conditions for the VGP

1. The operator of any vessel covered under the VGP whose voyage originates from within the
exclusive economic zone7 and enters New York waters with ballast on board, shall conduct
ballast water exchange at least 50 nautical miles from shore and in water at least 200 meters in
depth. Such vessels that carry only residual amounts of ballast water and/or sediments shall
conduct saltwater flushing of their ballast water tanks, at least 50 nautical miles from shore and
in water at least 200 meters in depth.

Ballast water exchange is defined as at least 1 empty and refill cycle of each ballast tank that
contains ballast water, resulting in a salinity level of at least 30 parts per thousand
(ppt). If the master of a vessel determines that such exchange is impracticable, a sufficient
number of flow-through exchanges of ballast water may be conducted to achieve replacement of
at least 95 percent of ballast water in ballast tanks of the vessel, resulting in a salinity level of at
least 30 ppt.

Saltwater flushing is defined as the addition of ocean water to ballast water tanks, the mixing of
the flushwater with residual water and sediment through the motion of the vessel, and the
discharge of the mixed water, such that the resulting residual water has a salinity level of at least
30 ppt.

All vessels entering New York waters must maintain the ability to measure salinity levels in each
tank onboard the vessel so that salinities of at least 30 ppt can be ensured.

This condition does not apply to vessel(s):


(i) that operate exclusively in the Great Lakes - St. Lawrence Seaway System upstream of a line
drawn from Cap-de-Rosiers to West Point, Anticosti Island and then to the north shore of the St.
Lawrence River along a meridian of longitude 63 degrees West, or
(ii) operating exclusively within waters of New York Harbor and Long Island Sound, or
(iii) entering New York waters from ports of call within New Jersey and Connecticut waters
which are included in the definition of "waters of New York Harbor and

7
“Exclusive Economic Zone” (EEZ) means the area established by Presidential Proclamation Number 5030, dated
March 10, 1983 (48 FR 10605, 3 CFR, 1983 Comp., p. 22) which extends from the base line of the territorial sea of
the United States seaward 200 miles, and the equivalent zone of Canada. [source: 33 C.F.R. 151.2025]

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Long Island Sound," provided that the vessel has met the requirements of this condition prior to
entering the waters of New York Harbor and Long Island Sound, or
(iv) that have met the requirements of Condition #2 or Condition #3, or
(v) that carry only permanent ballast water, all of which is in sealed tanks that are not subject to
discharge, or
(vi) of the National Defense Reserve Fleet that are scheduled to be disposed of through scrapping
or sinking.

This condition does not apply to the discharge of ballast water if the master of the vessel
determines that compliance with this condition would threaten the safety or stability of the
vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other
relevant condition. If a vessel is unable to conduct ballast water exchange, or flushing, as
specified, due to serious safety concerns as specified above, the operator of any vessel with
ballast on board shall take reasonable measures to avoid discharge of organisms in ballast water
and shall inform the Department in writing of the measures taken.

For purposes of this condition, “waters of New York Harbor and Long Island Sound” means
waters in and around New York City, consisting of the waters, tributaries, bays, harbors, inlets,
coves, channels, and other waterways within Lower and Upper New York
Bay, Jamaica Bay, Raritan Bay, Newark Bay, Hudson River south of the Tappan Zee
Bridge, Harlem River, East River, Gravesend Bay, Flushing Bay, Eastchester Bay, the
Kills, and Long Island Sound.

2. By not later than January 1, 2012, each vessel covered under the VGP that operates in
New York waters, shall have a ballast water treatment system that meets the following standards,
subject to the exceptions listed below.

(A) Standard for organisms 50 or more micrometers in minimum dimension: Any ballast water
discharged shall contain less than 1 living organism per 10 cubic meters.

(B) Standard for organisms less than 50 micrometers in minimum dimension and more than 10
micrometers in minimum dimension: Any ballast water discharged shall contain less than 1 living
organism per 10 milliliters.

(C) Standards for indicator microbes:


(i) Any ballast water discharged shall contain less than 1 colony-forming unit of
toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colony-
forming unit of that microbe per gram of wet weight of zoological samples;
(ii) Any ballast water discharged shall contain less than 126 colony-forming units of
escherichia coli per 100 milliliters; and
(iii) Any ballast water discharged shall contain less than 33 colony-forming units of intestinal
enterococci per 100 milliliters.

(D) This condition does not apply to vessel(s):

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(i) operating exclusively within waters of New York Harbor and Long Island Sound. For
purposes of this condition, “waters of New York Harbor and Long Island Sound” has the same
meaning as in Condition #1, or
(ii) that carry only permanent ballast water, all of which is in sealed tanks that are not subject to
discharge, or
(iii) of the National Defense Reserve Fleet that are scheduled to be disposed of through
scrapping or sinking.

No extensions will be made to this implementation date, unless an entity covered under the
permit makes a request for an extension to the Department and can provide sufficient
justification for such a request. Any such extension request shall state and demonstrate that: (1)
there is a shortage in supply of the technology necessary to meet the limits set forth in this
certification, or a vessel-specific engineering constraint, or other factor related to the availability
and installation of technology beyond the vessel owner/operator’s control, that delays the
technology being available and installed in time to comply with this standard; (2) the
unavailability of supply or installation constraint is the only reason the January 1, 2012 date
cannot be met; and (3) the vessel has exhausted all other options to comply with this standard.
Any extension request must be made no later than June 30, 2010, and the extension request shall
indicate when the vessel will come into compliance with this deadline.

3. Each vessel constructed on or after January 1, 2013 that is covered under the VGP and
operates in New York waters, shall have a ballast water treatment system that meets the
following standards, subject to the exceptions listed below.

(A) Standard for organisms 50 or more micrometers in minimum dimension: Any ballast water
discharged shall contain no detectable living organisms.

(B) Standard for organisms less than 50 micrometers in minimum dimension and more than 10
micrometers in minimum dimension: Any ballast water discharged shall contain less than 0.01
living organism per milliliter.

(C) Standards for indicator microbes:


(i) Any ballast water discharged shall contain less than 1 colony-forming unit of
toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colony-
forming unit of that microbe per gram of wet weight of zoological samples,
(ii) Any ballast water discharged shall contain less than 126 colony-forming units of
escherichia coli per 100 milliliters, and
(iii) Any ballast water discharged shall contain less than 33 colony-forming units of intestinal
enterococci per 100 milliliters.

(D) Standard for bacteria: Any ballast water discharged shall contain less than 1,000 bacteria per
100 milliliters.

(E) Standard for viruses: Any ballast water discharged shall contain less than 10,000 viruses per
100 milliliters.

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(F) For purposes of this condition, “Constructed” means a stage of vessel construction where:
(i) the keel is laid; or
(ii) construction identifiable with a specific vessel begins; or
(iii) assembly of the vessel has commenced comprising at least 50 tonnes or 1 percent of the
estimated mass of all structural material, whichever is less; or
(iv) the vessel undergoes a major conversion.

(G) In the context of this condition, “Major Conversion” means a conversion of a vessel;
(i) which changes its ballast water carrying capacity by 15 percent or greater; or
(ii) which changes the vessel type; or
(iii) which, in the opinion of the Department, is projected to prolong its life by ten years or more;
or
(iv) which results in modifications to its ballast water system other than component replacement­
in-kind.

(H) This condition does not apply to vessel(s):


(i) operating exclusively within waters of New York Harbor and Long Island Sound. For
purposes of this condition, “waters of New York Harbor and Long Island Sound” has the same
meaning as in Condition #1, or
(ii) that carry only permanent ballast water, all of which is in sealed tanks that are not subject to
discharge, or
(iii) of the National Defense Reserve Fleet that are scheduled to be disposed of through
scrapping or sinking.

No extensions will be made to this implementation date, unless an entity covered under the
permit makes a request for an extension to the Department and can provide sufficient
justification for such a request. Any such extension request shall state and demonstrate that: (1)
there is a shortage in supply of the technology necessary to meet the limits set forth in this
certification or other factor related to the availability and installation of technology beyond the
vessel owner/operator’s control, that delays the technology being available and installed in time
to comply with this standard; (2) the unavailability of supply is the only reason the January 1,
2013 date cannot be met; and (3) the vessel has exhausted all other options to comply with this
standard. Any extension request must be made no later than June 30, 2011, and the extension
request shall indicate when the vessel will come into compliance with this deadline.

4. Effective January 1, 2012, any vessel covered under the VGP that operates in New York
waters may not discharge treated or untreated graywater into New York waters within 3 nautical
miles of shoreline, or within Long Island Sound or New York Harbor. This limit is in effect
regardless of a vessel’s traveling speed.

No extensions will be made to this implementation date, unless an entity covered under the
permit makes a request for an extension to the Department and can provide sufficient
justification for such a request. Any such extension request shall state and demonstrate that: (1)
there is a shortage in supply of the technology necessary to meet the limits set forth in this
certification, or a vessel-specific engineering constraint or other factor related to the availability
and installation of technology beyond the vessel owner/operator’s control, that delays the

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technology being available and installed in time to comply with this standard; (2) the
unavailability of supply or installation constraint is the only reason the January 1, 2012 date
cannot be met; and (3) the vessel has exhausted all other options to comply with this standard.
Any extension request must be made no later than June 30, 2010, and the extension request shall
indicate when the vessel will come into compliance with this deadline.

5. Effective January 1, 2012, any vessel covered under the VGP that operates in New York
waters may not discharge treated or untreated bilge water into New York Waters.

This condition does not apply to the discharge of bilge water if the master of the vessel
determines that compliance with this condition would threaten the safety or stability of the
vessel, its crew, or its passengers because of adverse weather, equipment failure, or any other
relevant condition.

No extensions will be made to this implementation date, unless an entity covered under the
permit makes a request for an extension to the Department and can provide sufficient
justification for such a request. Any such extension request shall state and demonstrate that: (1)
there is a shortage in supply of the technology necessary to meet the limits set
forth in this certification, or a vessel-specific engineering constraint or other factor related to the
availability and installation of technology beyond the vessel owner/operator’s control, that delays
the technology being available and installed in time to comply with this standard; (2) the
unavailability of supply or installation constraint is the only reason the January 1, 2012 date
cannot be met; and (3) the vessel has exhausted all other options to comply with this standard.
Any extension request must be made no later than June 30, 2010, and the extension request shall
indicate when the vessel will come into compliance with this deadline.

6. Pursuant to the Clean Water Act, the inclusion of a state water quality certification
requirement in the draft VGP appropriately preserves the lawful authority of the individual States
to implement more protective ballast water pollution controls as part of the EPA general permit
within their respective waters. Pursuant to the Clean Water Act, the States also have the authority
to adopt more stringent ballast water requirements than currently proposed under the draft VGP.

As part of New York’s certification of the draft VGP, DEC finds that the additional discharge
standards set forth as conditions in this certification letter are necessary to reduce the
unintentional discharge of invasive species, disease organisms and other pollutants that have the
potential to disrupt the ecological balance of New York’s waters and negatively impact the fish
and wildlife resources of the State, as well as other states, and to comply with the requirements
of federal and State law, including State water quality standards.

The additional discharge standards set forth as conditions in this certification letter are necessary
for the following reasons. First, there is overwhelming evidence that water quality, including
fish, shellfish, and wildlife propagation and survival, has been impaired in recent decades in New
York’s waters by invasive species. Second, there is evidence that direct discharge of invasive
species into New York waters is not a necessary condition for impairment by invasive species;
discharges into adjacent, connected waters have severely impaired New York waters for their
best usage such as fish, shellfish, and wildlife propagation and survival. Third, the above points

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provide a reasonable basis for inferring that water quality will be further impaired by additional,
future introductions of invasive species and that impairments to New York’s water quality will
be caused by discharges of such species to adjacent, connected waters.

The ability of various invasive species to spread into adjacent, connected waters is well known.
The zebra mussel is a prime example. This mussel, introduced in or near Lake St. Clair where it
was discovered in 1988,8 quickly spread into New York waters and throughout the Great Lakes
and beyond. The rapid spread of the zebra mussel during the past twenty years can be seen, for
example, on a series of maps available on the website of Sea Grant’s National Aquatic Nuisance
Species Clearinghouse.9 As another example, the round goby was introduced into the St. Clair
River in 1990, “probably via contaminated ballast water of transoceanic ships.”10 Following this
discharge in adjacent, connected waters, the round goby has moved into New York waters and
contributed to the impairment of these waters for their best usage such as fish, shellfish, and
wildlife propagation and survival.11 Round gobies “have shown a rapid range of expansion
through the Great Lakes”12 and have been found in the upper St. Lawrence River and the lower
Genesee River, among other New York waters.13 Yet another example is the spiny water flea,
“first found in Lake Huron in 1984 – probably imported in the ballast water of a trans-oceanic
freighter. Since then, populations have exploded and the animal can now be found throughout the
Great Lakes and in some inland lakes,”14 including New York waters.

As recognized by EPA,15 the predominant pathway for aquatic invasive species entry into
the Great Lakes is the ballast water of oceangoing ships.16 Invasive species introduced into the
Great Lakes from vessels’ untreated ballast water discharges have created serious, damaging
impacts that threaten the resource’s ecological and economic health.17
Because the Great Lakes contain fresh water, some of the most damaging ballast water- induced
species are native to other fresh or brackish waters, particularly those in the

8
NOAA, National Center for Research on Aquatic Invasive Species, Great Lakes Aquatic Nonindigenous

Species List (www.glerl.noaa.gov/res/Programs/ncrais/great_lakes_list.html).

9
New York Sea Grant, National Aquatic Nuisance Species Clearinghouse (www.aquaticinvaders.org).

10
Great Lakes Information Network, “Goby in the Great Lakes Region” (www.great-lakes.net/envt/florafauna/

invasive/goby.html).

11
U.S. Geological Survey, Nonindigenous Aquatic Species (NAS) Program, Species Fact Sheet,

“Apollonia (Neogobius) melanostomus (Pallas 1814); Common Name: round goby,”

(http://nas.er.usgs.gov/queries/FactSheet.asp?speciesID=713); M. Walsh et al., Occurrence and Food Habits of the

Round Goby in the Profundal Zone of Southwestern Lake Ontario, 33 J. of Great Lakes Research 83 (2007).

12
U.S. Geological Survey, Species Fact Sheet, op. cit..

13
U.S. Geological Survey, Nonindigenous Aquatic Species (NAS) Program

(http://nas.er.usgs.gov/AlertSystem/default.asp), NAS Alert System results for New York.

14
Great Lakes Information Network, “Spiny Water Flea in the Great Lakes Region” (www.greatlakes.

net/envt/flora-fauna/invasive/spinyflea.html).; DEC, Spiny Flea Confirmed in First “Inland” Water

(October 30, 2008).

15
EPA, Aquatic Nuisance Species in Ballast Water Discharges: Issues and Options, 4, 6 (September 10,

2001), identified at 66 Fed. Reg. 49381 (September 27, 2001).

10 E. Mills, et al., Exotic Species in the Great Lakes: A History of Biotic Crises and Anthropogenic

Introductions, 19 J. of Great Lakes Research 1 (1993).

16
E. Mills, et al., Exotic Species in the Great Lakes: A History of Biotic Crises and Anthropogenic Introductions, 10

J. of Great Lakes Research 1 (1993).


17
16 U.S.C. §4701(a)

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Ponto-Caspian region (the Black, Caspian and Azov Seas).18 These Ponto-Caspian invaders are
now abundant in European waters used extensively by ships destined for the
Great Lakes, and their continued invasion into the Lakes is considered highly probable.19

Such invasive species have competed with, preyed upon and otherwise altered the Great
Lakes’ environment, resulting in population declines and compromised species viability of the
region’s native plants, fish and wildlife.20 They have harmed the region’s commercial and
recreational fishing industries and damaged its public water and energy generating
infrastructure.21 The insidious effects of these species have been costly to deal with and show no
signs of dissipating. The harm caused by exotic nuisance species such as the zebra mussel, round
goby, and spiny water flea in the Great Lakes is widespread.

For example, large zebra mussel populations reduce food and oxygen for native fauna, and have
been observed completely covering native mussels and snails, threatening their survival.22 The
zebra mussel readily attaches to submerged hard surfaces including rocky shoals, water intake
pipes and docks, forming dense layered colonies that have approached one million mussels per
square meter.23 Power companies and others must repeatedly remove mats of these mussels from
their infrastructure. In addition, selective feeding by zebra mussels has been implicated in
recurring nuisance algae blooms in the Great Lakes, causing taste and odor problems and
increased treatment costs for municipal water supplies.24 Congress estimates that the economic
disruption to communities, just from the zebra mussel, has already cost billions of dollars.25 The
round goby, an invader from the Black and Caspian Seas, feeds on mollusks, crustaceans, and
lake trout eggs and fry, injuring Great Lakes native species through competition for food and
predation.26

Another exotic invader from the Black and Caspian Seas, the spiny water flea, rarely more than a
centimeter in length, competes with newly hatched Great Lakes native fish populations by
feeding on zooplankton. The sharp spines characteristic of the spiny water flea prevent most
small fish from swallowing it, thereby allowing this invader to reach a disproportionate
population abundance.27
18
A. Ricciardi and H. MacIsaac, Recent Mass Invasion of the North American Great Lakes by Ponto-Caspian

Species, 15 Trends in Ecology and Evolution 62 (2000).

19
Id.

20
16 U.S.C. §4701(a).

21
Id.

22
U.S. Dept. of the Interior, National Biological Survey, A. Benson, et al., “Invasion of the Zebra Mussel into the

United States,” Our Living Resources: A Report to the Nation on the Distribution, Abundance, and Health of U.S.

Plants, Animals and Ecosystems, 445-46 (1995).

23
Id.; D. Pimentel, et al., Environmental and Economic Costs of Non-Indigenous Species in the

United States, 50 Bioscience 53, 58 (2000).

24
National Oceanic and Atmospheric Administration, Great Lakes Environmental Research Laboratory,

Aquatic Invasive Species (AIS) and the Great Lakes: Simple Questions, Complex Answers, (September

2002).

25
16 U.S.C. §4701(a)(4).

26
M.L. Corn et al., “Invasive Non-Native Species: Background and Issues for Congress,” Congressional

Research Service, Report for Congress, RL30123 (updated November 25, 2002); Michigan Dept. of

Natural Resources, Annual Report, State of the Great Lakes, 32 (1993).

27
Corn et al., op. cit.; Michigan Dept. of Natural Resources, op. cit.

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Since 2000, significant mortality of lake sturgeon, Common Loon, Red-breasted Merganser, and
other fish and waterbirds have been documented on Lake Erie. More recently, since 2002,
similar mortality events have been noted, with increasing regularity, distribution and magnitude
on Lake Ontario. Over the last three years Caspian Tern, and several other waterbird species,
have been impacted. Nonnative invasive species, the
quagga mussel and round goby, appear to be the biological transport mechanism bringing deadly
Type E botulism toxin from the benthic environment to within foraging range of nesting and
migrating waterbirds.28

Aquatic invasive species also pose a serious threat to the ecological health and biodiversity of
native ecosystems of Long Island Sound and can affect the economic interests and public health
of residents. To date, more than 50 non-native and 40 cryptogenic species have been identified in
Long Island Sound.29 The Asian shore crab, believed to have been introduced via ballast water
discharge, was first found in the U.S. in 1988 in southern New Jersey and is now found from
Maine to North Carolina.30 The Asian shore crab arrived in New York Harbor and Long Island
Sound in 1994 or 1995, and has since become the dominant crab in the intertidal zone in these
areas, reaching densities greater than 300 per square meter in western Long Island Sound and
causing population declines of native crabs such as common mud crab, green crab, and Atlantic
rock crab. Atlantic rock crab has not been found since 1998, green crab densities have decreased
50% from 1998 to 2001, and common mud crab densities are down 96%. Overall, the diversity
of the intertidal crab community in portions of western Long Island
Sound have dropped greatly since 1998.31

In the Hudson River basin, at least 113 nonindigenous species have established populations.32
Most came from Eurasia or the Mississippi-Great Lakes basin, and some are ballast-water
invaders, many of which cause large economic damage and irreversible ecological changes. The
best-known of these is the zebra mussel, which appeared in the Hudson in 1991 following
introduction to the Great Lakes via ballast water. Zebra mussels now constitute more than half of
consumer biomass in the river, and have completely altered the river’s ecosystem by consuming
80% of the plankton in the river,33 causing large declines in valuable open-water fish species
such as American shad34 and the destruction of hundreds of millions of native bivalves.35

28
K. Roblee, W. Stone and D. Adams, “Waterbird Mortality as a Result of Type E Botulism in Lake Erie

and Lake Ontario,” Northeast Natural History Conference IX, New York State Museum, Albany, NY

(2006).

29
Balcom, Nancy. 2007. Long Island Sound Interstate Aquatic Invasive Species Management Plan. New

England Interstate Water Pollution Control Commission, US Environmental Protection Agency, Long

Island Sound Study, State of Connecticut and New York State.

30
Science Daily, Japanese Shore Crabs Invade Penobscot Bay, Maine,

http://www.sciencedaily.com/releases/2002/07/020719073146.htm (July 19, 2002).

31
Long Island Sound Study, 2001 Fall Update,

http://www.longislandsoundstudy.net/pubs/news/fall01txt.htm.

32
Mills, E., M. Scheuerell, D. Strayer and J. Carlton. 1996. Exotic Species in the Hudson River Basin: A

History of Invasions and Introductions. 18 Estuaries 814-823.

33
Strayer, D.L., N.F. Caraco, J.J. Cole, S. Findlay, and M.L. Pace. 1999. Transformation of freshwater

ecosystems by bivalves: a case study of zebra mussels in the Hudson River. 49 BioScience 19-27.

34
Strayer, D.L., K. Hattala, and A. Kahnle. 2004. Effects of an invasive bivalve (Dreissena polymorpha)

on fish populations in the Hudson River estuary. 61 Canadian Journal of Fisheries and Aquatic Sciences

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Economic costs of the zebra mussel invasion to water intakes alone have been estimated at $267
million in North America36 and in the range of $100,000-$1,000,000 per year in the Hudson
River alone.37

Other invaders that are thought to have arrived in ballast water have caused large ecological
changes in the Hudson River; these include the Asian shore crab, now very common along the
lower Hudson, where it displaces native crabs, the wedge rangia (Rangia cuneata), which
dominates the waters of the lower Hudson, and the Chinese mitten crab, which appeared in
numbers in the Hudson for the first time in 2008, and which has the potential to damage
infrastructure (levees and embankments) as well as harm native populations of plants and
shellfish.38 Many other species now traveling around the world in ballast water (e.g., the golden
mussel Limnoperna fortunei, the amphipod Corophium curvispinum, and the ruffe
Gymnocephalus cernuus) would be able to survive and prosper in the Hudson, where they could
contribute to further economic and ecological damage.39

Less stringent conditions than those set forth in this certification letter are not sufficient to
prevent the impairment of New York’s waters for their best usage such as fish, shellfish, and
wildlife propagation and survival for the following reasons. As stated in a recent California
report on ballast water standards, “Reports submitted as part of the IMO
Convention suggest that the standards adopted by IMO would only be a marginal improvement
on current management practices of ballast water exchange for the largest organisms (>50 μm)
and may be similar to unmanaged ballast water for the smaller organisms (<50 μm) (Table V-1,
MEPC 49/2/12003) (Section VII ‘Scientific Considerations’).”40 These IMO standards –
considered to be no more than a marginal improvement over the practice of ballast water
exchange – are not included in this certification. The IMO standards are concentration-based,
which is beneficial, yet they are not sufficiently protective. More stringent concentration-based
standards are needed to protect New York’s waters and are specified as conditions in this
certification.

924-941.

35
Strayer, D.L., and H.M. Malcom. 2007. Effects of zebra mussels (Dreissena polymorpha) on native

bivalves: the beginning of the end or the end of the beginning? Journal of the North American

Benthological Society 26: 111-122.

36
Connelly, N.A.; O’Neill, C.R.; Knuth, B.A. and Brown, T.L. 2007. Economic impacts of zebra

mussels on drinking water treatment and electric power generation facilities. 40 Environ. Mgmt. 105-112.

37
Strayer, D.L. 2006. Alien species in the Hudson River, pp. 296-310 in: J.S. Levinton and J.R.

Waldman (eds.). The Hudson River estuary. Cambridge University Press.

38
Id.; MacDonald, J.A., R. Roudez, T. Glover, and J.S. Weis, 2007, The invasive green crab and Japanese

shore crab: behavioral interactions with a native crab species, the blue crab. 9 Biological Invasions 837­
848; NOBANIS, 2008, Invasive species fact sheet. Eriocheir sinensis.

http://www.nobanis.org/files/factsheets/Eriocheir_sinensis.pdf.

39
Ricciardi, A., 1998, Global range expansion of the Asian mussel Limnoperna fortunei (Dunker, 1857)

(Bivalvia: Mytilidae): another fouling threat to freshwater systems, 13 Biofouling 97-106; Ricciardi, A.,

and J.B. Rasmussen, 1998, Predicting the identity of future biological invaders: a priority for aquatic

resource management, 55 Canadian Journal of Fisheries and Aquatic Sciences 1759-1765.

40
M. Falkner et al., “California State Lands Commission Report on Performance Standards for Ballast

Water Discharges in California Waters,” California State Lands Commission, Marine Facilities Division,

January 2006, at 34.

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In general, concentration-based numerical discharge standards are needed as a replacement for


ballast water exchange because the results of ballast water exchange are so highly variable41 and
therefore unprotective as an ongoing permit condition. As stated in the California report,
“Concentration based standards...would specify a specific concentration of organisms that could
be discharged following treatment, regardless of source port concentrations.... Concentration
based standards allow for the consideration of both a protection level to reduce risk, as well as
technical consistency, such as detection limits.”42 Both New York and California routinely use
concentration-based standards for protection of water and air quality.

The State of California recently promulgated relatively stringent concentration-based standards43


that “encompass several...desirable characteristics: they are significantly better than ballast water
exchange, they are in-line with the best professional judgment from the scientific experts
participating in the IMO Convention, and they do approach a protective zero discharge
standard.”44 These standards are based primarily on recommendations made by U.S. government
representatives participating in the IMO Convention45 and were subsequently recommended by
the California Performance Standards Advisory Panel in its Majority Report.46 The standards,
considered to be approximately a 1000-fold improvement over ballast water exchange,47 provide
a reasonable basis for protection of New York waters and are adopted as a condition (Condition
#3) for new ships constructed after January 1, 2013 that operate in New York waters. New York
finds that the standards set forth in Condition #3 are needed to prevent impairment of waters for
their best usage and are thus needed to comply with the New York State statutes and regulations
set forth above. In accordance with 40 CFR 124.53 (e)(3), this condition cannot be made less
stringent and still comply with State water quality standards.

New York has set a reasonable compliance schedule for ships operating in New York waters and
has allowed an additional year or more beyond the California implementation schedule. This
additional time is intended to alleviate possible congestion problems for shipyards or possible
supply problems for equipment vendors that might occur if simultaneous compliance were
required in New York and California.

Other standards, considered to be approximately a 100-fold improvement over ballast water


exchange, are adopted as a condition that must be met by all ships covered by the VGP that
operate in New York waters after January 1, 2012. These standards are based partly on
recommendations made by the International Study Group on Ballast Water and Other Ship
Vectors48 and partly on the widely discussed numeric limits proposed in the recent House of
Representatives bill #H.R. 2830. The standards, which provide a reasonable basis for protection

41
Id., esp. Fig. VII-1 at 18.

42
Id. at 16.

43
California Title 2, Division 3, Chapter 1, Article 4.7, Performance Standards for the Discharge of

Ballast Water For Vessels Operating in California Waters (2007).

44
M. Falkner et al., op. cit., at 36-37.

45
Id. at 19; Submission by the United States to IMO on Ballast Water Discharge Standards, Regulation

D-2, document BWM/CONF/14 (2004).

46
M. Falkner et al., op. cit., at 32; Report and Recommendations of the California Advisory Panel on

Ballast Water Performance Standards, October 2005.

47
M. Falkner et al., op. cit., at 19.

48
Id.

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of New York waters and are implemented on a reasonable compliance schedule, are adopted as
Condition #2 in this certification. New York finds that the standards set forth in Condition #2 are
needed to prevent impairment of waters for their best usage and are thus needed to comply with
the New York State statutes and regulations set forth above. In accordance with 40 CFR 124.53
(e)(3), this condition cannot be made less stringent and still comply with State water quality
standards.

It should be noted that this certification is only effective for the next five years. Since some
period of time is required to allow vessels to install the technology needed to meet the conditions
of this certification, the Department has sought to provide reasonable notice and time allowance.
It is the Department’s intention to apply the relatively stringent standards set forth in Condition
#3 to all ships operating in New York waters in the next water quality certification to be filed
after the expiration of this one.

Ballast water exchange or flushing, as already required by the VGP for many vessels, is widely
recognized as a beneficial but imperfect way to reduce invasive species introductions in ballast
water discharges. Condition #1 extends the requirement of exchange or flushing to certain other
vessels that enter New York waters on coastal voyages, thereby reducing the likelihood of
invasions from other coastal waters such as Chesapeake Bay. New York finds that the standards
set forth in Condition #1 are needed to prevent impairment of waters for their best usage and are
thus needed to comply with the New York State statutes and regulations set forth above. In
accordance with 40 CFR 124.53 (e)(3), this condition cannot be made less stringent and still
comply with State water quality standards.

Condition #4 and Condition #5 restrict discharges of bilge water and graywater in order to
protect New York’s coastal waters from contaminants, nutrients, and bacterial and viral agents.
New York finds that the standards set forth in Condition #4 and Condition #5 are needed to
prevent impairment of waters for their best usage and are thus needed to comply with the New
York State statutes and regulations set forth above. In accordance with 40 CFR 124.53 (e)(3),
these conditions cannot be made less stringent and still comply with State water quality
standards. It should be noted that the discharge of sewage is not covered by either this
certification or the VGP because sewage discharge is governed by the Marine Sanitation Devices
requirements of the Clean Water Act, 33 U.S.C. 1322.

6.23 Ohio:

Ohio certified the VGP with the following additional permit conditions:

I. WATER QUALITY STANDARDS AND IMPACTS

a. Ohio Narrative Water Quality Standards and Nuisance Species:


Ohio Water Quality Standards (WQS) contain narrative conditions to prohibit nuisance
conditions in waters of the state. The specific standard states that “To every extent
practical and possible as determined by the director, these waters shall be … Free from
materials entering the waters as a result of human activity producing color, odor or other
conditions in such a degree as to create a nuisance;” [Ohio Administrative Code 3745-1­
04(C)].

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In this rule, the term materials is not defined or limited; Ohio considers that this condition
applies to non-indigenous nuisance species. The federal NPDES permit does not
adequately prevent the introduction of new non-indigenous species.

b. Ohio Narrative Water Quality Standards for Toxicity:


The narrative WQS also contain a provision prohibiting toxicity: “To every extent
practical and possible as defined by the director, these waters shall be….Free from
substances entering the waters as a result of human activity in concentrations that are
toxic or harmful to human, animal or aquatic life and/or are rapidly lethal in the mixing
zone;” [Ohio Administrative Code 3745-1-04(D)].

The Federal NPDES permit requirement for salt water ballast exchange means that ballast
water discharges to fresh water will contain large concentrations of dissolved solids;
these solids have the potential to be toxic to fresh water aquatic life, and discharges must
meet the narrative toxicity standard.

c. Chlorine Limits, Biocides and Experimental Ballast Water Treatment:


The discharge limits for residual chlorine do not meet Ohio WQS for continuous
discharges. The federal NPDES permit’s total residual chlorine discharge standard is 100
ug/l for discharges from experimental ballast water treatment systems. This limit meets
Ohio WQS for 2 hour/day discharges, but does not meet WQS for continuous discharges.

Ohio has used its authority to establish site-specific WQS to establish a separate inside­
mixing-zone maximum criterion for short-term exposures to chlorine (less than 2
hours/day). This criterion for exposures less than 2 hours/day is 200 ug/l; the otherwise
applicable criterion is 38 ug/l. [OAC 3745-1-35 and -36]

Discharges of other biocides must meet the narrative water quality standard for toxicity
noted above. [OAC 3745-1-04(D)].

II. SPECIFIC CONDITIONS

a. Ballast Water Controls


Given the number of invasive species already in the Great Lakes, the number of recent
introductions, and the likelihood of increased ship traffic, the existing program of ballast
water control is not effective in preventing the introduction of invasive non-native
organisms, and therefore does not meet Ohio’s narrative WQS. A system of ballast water
treatment would reduce the number of live organisms in ballast water, and is the most
effective approach to meeting the nuisance WQS. [OAC 3745-1-04(C)]

Treatment systems to reduce the number of live organisms discharged in ballast water exist
and are continuing to be developed. These treatment systems are intended to kill and/or
filter all organisms from ballast water so that they are not discharged. Several of the
treatment systems being designed to meet the discharge standards of the International
Maritime Organization (IMO) can remove a large percentage, if not all, organisms. Ohio

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EPA is certifying IMO standards because they are the most widely accepted and tested
standards in the world. These treatment systems shall be operated to maximize the
destruction and/or removal of organisms in the ballast water, with the object of discharging
no viable organisms.

Ohio EPA believes that the IMO certification is sufficient demonstration that these
treatment standards are “practical and possible” methods for meeting ballast water
treatment standards for ocean-going ships. More restrictive standards proposed or adopted
by certain other states (such as California and New York) have not been demonstrated to be
“practical and possible”, and can not be applied at this time.

Ohio EPA also believes that there are reasons to treat existing vessels that operate
exclusively within the Great Lakes differently than those that operate outside the Lakes.
The effluent flows of ballast water are larger than ocean-going vessels, are discharged more
rapidly than the ballast water of ocean-going vessels, and space for treatment equipment is
limited on existing lake vessels. These factors affect the practicability of treatment. Ohio
EPA believes that IMO treatment standards is not “practical and possible” at this time for
existing vessels operating exclusively within the Great Lakes;

These factors may or may not apply to new vessels in the Great Lakes. Ohio EPA is
extending the schedule for treatment on new Great Lakes-only vessels to gain extra time to
evaluate these discharges for treatment. The schedule for these new vessels is given below.

The treatment standards in Table A apply to vessels operating exclusively in the Great
Lakes, launched after January 1, 2016.

Discharges of ballast water from vessels that operate outside of the Great Lakes must meet
an International Maritime Organization-certified treatment standard according to the
following schedule:

For vessels launched prior to January 1, 2012, and meeting the applicability criteria in the
federal NPDES permit, treatment shall be installed and operational to meet the performance
standards for organisms included in Table A by January 1, 2016.

For vessels launched after January 1, 2012, and meeting the applicability criteria in the
federal NPDES permit, treatment shall be installed and operational to meet the performance
standards for organisms included in Table A prior to commencement of vessel operation in
Ohio State waters of Lake Erie.

Table A Biological Performance Standards for Ballast Water Treatment Technology


Parameter Limit Limit Type Sample Type
3
Organisms >50 microns in <10 viable /m Daily average Composite
minimum dimension

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Organisms 10-50 microns in <10 viable / ml Daily average Composite


minimum dimension
Escherichia coliform <250 cfu / 100 ml Daily average Composite
Intestinal enterococci <100 cfu / 100 ml Daily average Composite

Note 1- Analysis required by the above table shall be performed consistent with the
protocols currently being validated by the EPA Environmental Technology Verification
Program (EPA/U.S. Coast Guard/Naval Research Laboratory) and/or the following Great
Ships Initiative protocols:
• Procedure for Algae/Small Protozoan Sample Analysis, Procedure for
Zooplankton Sample Analysis, Procedure for the Detection and
• Enumeration of Enterococci by Membrane Filtration, Procedure for Microbial
Analysis using the Heterotrophic Plate Count Method, and
• Procedure for the Detection and Enumeration of E. coli by Membrane Filtration
available online at http://www.nemw.org/GSI/protocols.htm

“Composite” sample type is a combination of individual grab samples taken at periodic


intervals over the specified time period. Either samples taken at equal time intervals shall
be combined using a volume of each sample that is proportional to the flow that sample
represents, or equal volume samples shall be combined that are taken at intervals of equal
flow volumes.

“Viable organism” means organisms that are living and able to reproduce.

Until these standards are effective, all vessels shall meet the Best Management Practices
(BMP) requirements of the federal NPDES Permit, including the salt water ballast
exchange or salt water flushing requirements for ocean-going vessels.

In addition to the discharge standards in Table A, discharges of any biocide or toxic


chemical shall not be toxic to organisms in ambient waters, or rapidly lethal within the
mixing zone [OAC 3745-1-04(D)]:

If the federal government adopts treatment standards more stringent than IMO, then those
standards shall replace the above treatment standards for new treatment systems installed
after the date those Federal standards go into effect.

The Director will evaluate treatment standards equivalent to IMO or more restrictive
standards for all vessel classes covered by the federal general permit (including both
ocean-going vessels and vessels that operate only in the Great Lakes) when he issues the
next certification on this permit. The decision to require IMO or more restrictive
treatment standards will be based on treatment system availability and costs, and other
considerations required by law.

b. Salt Water Discharges


It is likely that discharges of ballasted sea water will not meet the toxicity narrative water
quality standard if discharge in the relatively shallow water of Ohio’s Lake Erie ports, due

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to the dissolved solids levels in sea water. Discharges in the open waters of the Lake
minimize the risk of toxicity, and will allow the standard to be met. In order to prevent
toxicity to ambient organisms or rapidly lethal conditions, discharges of ballasted sea water
within the breakwalls of Ohio’s Lake Erie Ports is prohibited.

c. Ballast Treatment - Chlorine Discharge Limits


For experimental ballast water treatment systems using chlorine, discharges must meet a
maximum chlorine limit of 38 micrograms per liter (ug/l) if the discharge lasts for more
than 2 hours/day; the limit is 200 ug/l if the discharge is 2 hours/day or less. [OAC 3745-1­
07 (inside-mixing-zone maximum water quality standards, definition and applicability),
OAC 3745-1-35, (site-specific WQS, exposure time-based criteria), OAC 3745-1-36
(aquatic life criteria calculation procedures, equivalency of IMZM with FAV criteria),
OAC 3745-2-05(B)(3) (maximum limits for discharges to lakes)] These standards apply to
all ballast water treatments – both experimental and those treatments installed to meet IMO
standards.

Ohio EPA acknowledges that the limit of 38 ug/l is less than the Ohio EPA practical
quantification level for residual chlorine analysis (50 ug/l). Analyses less than or equal to
50 ug/l are judged to be in compliance with this certification.

d. Ballast Treatment- Other Biocides

Biocides other than chlorine used in ballast water treatment must meet Ohio’s narrative

toxicity water quality standard. To meet the ‘no rapidly lethal conditions’ narrative,

discharges of all biocides must meet inside-mixing zone water quality standards (Final

Acute Values) as determined by the OAC Rule 3745-1-36 [Great Lakes Initiative rule

procedures]. The discharge of organic quaternary ammonium compounds is prohibited.

6.24 Pennsylvania:

Pennsylvania certified the VGP with the following additional permit conditions:

This certification shall expire five years after the date of issuance of the EPA’s VGP. However,
the Department reserves the right to amend, modify or withdraw certification of the VGP in
order to protect the waters of the Commonwealth or if for any reason further changes to the draft
VGP are made upon issuance of the final VGP. Furthermore, the Department reserves the right
to modify this Certification to require vessels covered by the VGP to install and operate ballast
water treatment systems to prevent the discharge of aquatic nuisance species to Pennsylvania
waters provided a determination is made by the Department that such ballast water treatment
systems are necessary, available and cost effective.

The issuance of the Certification does not authorize violation of any federal, state and local laws
or regulations, nor does it rule out the necessity of obtaining applicable permits, including any
other Department permits, or approvals from other units of government as may be required by
law.

Certification Conditions for the VGP

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1. Deleted.

2. Deleted.

3. Deleted.

4. The permittee may not discharge floating materials, oil, grease, scum, foam, sheen and
substances which produce color, taste, turbidity or settle to form deposits in
concentrations or amounts sufficient to be, or creating a danger of being, inimical to the
water uses to be protected or to human, animal, plant or aquatic life.

The conditions set forth in this certification letter are necessary to ensure compliance with the
requirements of the Pennsylvania Clean Streams Law (35 P.S. §§ 691.1 – 691.1011) as well as to
reduce water degradation, unintentional discharge of invasive species, nutrient loading, disease
organisms and other pollutants discharged from vessels covered by the VGP that have the
potential to disrupt the ecological balance of Pennsylvania’s waters and the Great Lakes and
negatively impact the fish and wildlife resources of this Commonwealth.

6.25 Rhode Island:

Rhode Island certified the VGP with the following additional permit conditions:

1. In accordance with the Rhode Island Water Quality Regulations (including but not limited to
Rule 17) and all other applicable laws and regulations, the Director may modify, suspend, or
revoke, in whole or in part this water quality certification for a specific vessel that is authorized
or is seeking authorization to discharge under the VGP.

2. In accordance with the Rhode Island Water Quality Regulations (including but not limited to
Rule 17) and all other applicable laws and regulations, the Director may modify, suspend, or
revoke, in whole or in part this water quality certification for the VGP.

3. Nutrient impaired waters shall be those referenced in the State's most current 303D list.

4. A map identifying all nutrient impaired waters and biodiversity-impaired waters within the
State of Rhode Island shall be included in all permits issued under this general permit.

5. This Water Quality Certificate shall expire five (5) years from the date of issuance.

6.26 Utah:

Utah certified the VGP subject to the following additional permit conditions:

The 2008 Utah Legislature passed the Aquatic Invasive Species Interdiction Act (S.B. 238) and
subsequently the Utah Wildlife Board passed associated rule (R657-60, Aquatic Invasive
Species Interdiction), both with a purpose to define procedures and regulations designed to
prevent and control the spread of aquatic invasive species, particularly Dreissena mussels,
within the State of Utah. The aforementioned act and rule establish a situation in Utah that is

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more restrictive than the Vessel General Permits. It is unlawful to possess or transport Dreissena
mussels within the State of Utah. Additionally, all boats having been used anywhere within the
last 30 days on a Dreissena mussel infested water, either marine or fresh, and subsequently
launching on any waters in Utah must certify prior to launch that they have been properly
decontaminated. Launch is denied until certification can be met. The only two accepted
decontamination protocols in Utah as per Rule R657-60 are as follows:

Do-it-yourself Decontamination
• Clean all plants, fish, mussels and mud from boat or equipment before leaving water
body area (discard unused bait in the trash where you fished);
• Drain all water from boat (equipment storage areas, ballast tanks, bilge, livewells and
motor) before leaving water body area;
• Dry boat and equipment at home or at suitable storage area (7 days summer, 18 days
spring and fall, and 30 days winter or expose boat and equipment to freezing conditions
for a continuous 72 hour period) prior to another launch.

Professional Decontamination
0
• Use a professional to apply scalding water (140 Fahrenheit )to wash equipment, boat
and trailer and to flush equipment storage areas, ballast tanks, bilge, livewells and
motor or other raw water circulation systems.

Either of the aforementioned decontamination protocols will kill aquatic invasive species either
already inhabiting Utah or threatening to arrive, including adult, juvenile and microscopic life
forms.

In the State of Utah it is unlawful to discharge any volume of water, which is laden with viable
aquatic invasive species, into any waters within the State of Utah. Thus, any discharge for any
volume of ballast, bilge or other raw water suspected of harboring aquatic invasive species must
0
not occur unless it has been heated to at least 140 Fahrenheit. Since ballast and bilge waters
frequently contain other undesirable materials (e.g. oil and grease, solvents and soaps, etc.), it is
preferable that such water discharges be made onshore into an appropriate, approved wastewater
treatment system. If there are any questions regarding these procedures related to the control of
invasive aquatic species please contact the Utah Division of Wildlife Resources.
Lake Powell has been designated as a "no discharge" waterbody by the National Park Service.
As such, there will be no discharge of wastewater, treated or untreated, within the legal boundary
of Lake Powell.

6.27 Vermont:

Vermont certified the VGP subject to the following additional permit conditions:

1. This Certification is valid only for those activities that fully comply with all terms and
conditions of the Vessel General Permit and all other state laws applicable to such
discharges. The Department reserves the authority to enforce any violation of the

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Vermont Water Quality Standards that results from any discharge and to enforce all other
state laws applicable to such discharges.

2. Discharges that are not eligible for coverage under the Vessel General Permit and that
require an individual permit must obtain an individual Water Quality Certification or
waiver from the Department.

3. This Water Quality Certification shall be valid until such time as the Vessel General
Permit is modified, suspended, revoked or reissued.

4. The issuance of this Certification does not authorize violation of any federal, state or
local laws or regulations, nor does it obviate the necessity of obtaining such permits,
including any Department permits, or approvals from other governmental entities.

5. This Water Quality Certification may be revoked or modified if it is found, in the


opinion of the Department, that the process and conditions of the Vessel General Permit
do not achieve compliance with the Vermont Water Quality Standards and other
applicable provisions of state law.

6.28 Wyoming:

Wyoming certified the VGP subject to the following additional conditions:

In accordance with the provisions of the state certification program for boating activities and
discharges incidental to the normal operation of vessels, this office has reviewed the proposed
nationwide permits and had made the following determinations:

In view of the current state water quality standards and regulations, we have found that the
nationwide permits are acceptable as written with the stipulation that certification of permits for
eligible large (over 79 feet in length) and commercial vessels operating within Class 1 waters
must be deferred for agency review and public notice. For all eligible small recreational vessels
and those large and commercial vessels operating outside of Class 1 waters, we waive our right
to individually certify.

DEFERAL OF CERIFICATION ON CLASS 1 WATERS

Class 1 waters are defined in Chapter 1 of the Wyoming Water Quality Rules and Regulations as
those in which no further water quality degradation by point source discharges other than from
dams will be allowed. Nonpoint source discharges will be controlled by the implementation of
the best management practices designed to maintain existing water quality. Because of the high
level of protection afforded to these waters by the regulations, authorization of the activities
covered by the above Nation Wide Permits (NWPs) requires individual departmental review.

Therefore, 401 certification for NWP, Vessel General Permit Discharges Incidental to the
Normal Operation of Commercial Vessels and Large Recreational Vessels (VGP) is deferred
when operation occurs on Wyoming Class 1 waters. This nationwide permit is certified for use

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on Wyoming class 2, 3, and 4 waters (all other waters) provided that the general conditions,
management practices, and other provisions of the nationwide program are strictly followed.

The following is a listing of current class 1 waters in Wyoming:

1. All surface waters located within the boundaries of national parks and congressionally
designated wilderness areas as of January 1, 1999;
2. The main stem of the Snake River through its entire length about U.S. Highway 22
Bridge (Wilson Bridge);
3. The main stem of the Green River, including the Green River Lakes from the mouth of
the New Fork River upstream to the wilderness boundary;
4. The main stem of the Wind River from the Wedding of the Waters upstream to Boysen
Dam;
5. The main stem of the North Platte River from the mouth of Sage Creek (approximately
15 stream miles downstream of Saratoga, Wyoming) upstream to the Colorado state line;
6. The main stem of the North Platte River from the headwaters of Pathfinder Reservoir
upstream to Kortes Dam (Miracle Mile segment);
7. The main stem of the North Platte River from the Natrona County Road 309 bridge
(Goose Egg bridge) upstream to Alcova Reservoir;
8. The main stem of Sand Creek above the U.S. Highway 14 bridge;
9. The main stem of the Middle Fork of the Powder River through its entire length above
the mouth of Buffalo Creek;
10. The main stem of the Tongue River, the main stem of the North Fork of the Tongue
River, and the main stem of the South Fork of the Tongue River above the U.S. Forest
Service Boundary;
11. The main stem of the Sweetwater River above the mouth of Alkali Creek;
12. The main stem of the Encampment River from the northern U.S. Forest Service boundary
upstream to the Colorado state line;
13. The main stem of the Clarks Fork River from the U.S. Forest Service Boundary upstream
to the Montana state line;
14. All waters within the Fish Creek (near Wilson, Wyoming) drainage;
15. The main stem of Granite Creek (tributary to the Hoback River) through its entire length;
16. Fremont Lake;
17. Wetlands adjacent to the above listed Class 1 waters.

WAIVED 401 CERTIFICATION

State Certification of General Permit for Discharges Associated with Recreational Vessels is
waived. The Wyoming Department of Environmental Quality certifies that these permits are
acceptable as described above. The Department also reserves the right to amend, modify,
suspend or revoke this certification or any of its terms or conditions as may be appropriate or
necessary to protect water quality and associated beneficial uses. Upon adoption of updated
standards, this certification may be revoked and modified appropriately.

Please be aware that this letter constitutes state certification of these permits as required by
Section 401 of the federal Clean Water Act. It does not provide an exemption from any other

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federal, state or local laws or regulations, nor does it provide exemption from legal action by
private citizens for damage to property which the activity may cause.

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7. Appendix A definitions:
The following definitions apply to this permit. Terms not defined in this Appendix have
the meaning given by 40 CFR Part 122.2. When a defined term appears in a definition, the
defined term is placed in quotation marks as an aid to readers.

“Appropriate Regional Office” means the regional office listed in Part 8 of the Permit
responsible for the waters where the vessel spends the most time or is based in a home port.

“Aqueous Film-Forming Foam” means the firefighting foam and seawater mixture discharged
during training, testing, or maintenance operations. [source: 40 C.F.R 1700.4]

“Atlantic or Gulf Coastwise Trade” means vessels engaged in coastwise trade along the Atlantic
coast or Gulf of Mexico coast of the United States, or in between those coasts, operating in and
between ports on these coasts.

“Atlantic or Gulf Nearshore Voyages” means voyages by any vessels engaged in the Atlantic or
Gulf Coastwise trade and vessels transiting between Atlantic ports (including those in the
Caribbean Sea) or Gulf of Mexico ports that travel between more than one Captain of the Port
Zone, and all other vessels that sail from foreign, Atlantic, or Gulf of Mexico ports, which do not
sail further than 200 nm from any shore, and that discharge or will discharge ballast water into
ports on the Atlantic or Gulf coasts.

“Ballast Tank” means any tank or hold on a vessel used for carrying “ballast water”, whether or
not the tank or hold was designed for that purpose. [source: 33 C.F.R. 151.2025]

“Ballast Water Exchange” see “Exchange”.

“Ballast Water” means any water and suspended matter taken on board a vessel to control or
maintain, trim, draught, stability, or stresses of the vessel, regardless of how it is carried. [source:
33 C.F.R 151.1504]

“Ballast Water Capacity” means the total volumetric capacity of any tanks, spaces, or
compartments for carrying, loading, or discharging “ballast water”, including any multi-use
tanks, space or compartment designed to allow carriage of “ballast water”.

“Bilgewater means the wastewater from a variety of sources that accumulates in the lowest part
of the vessel (the bilge).

“Biocide” means a substance or organism, including a virus or a fungus, that is introduced into,
or produced by, ballast water treatment systems to kill or eliminate organisms as part of the
ballast water treatment process.

“Boat Engine Wet Exhaust” means the seawater that is mixed and discharged with small boat
propulsion engine exhaust to cool the exhaust and quiet the engine. [source: 40 C.F.R 1700.4]

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“Captain of the Port” (COTP) means the Coast Guard officer designated as the COTP, or a
person designated by that officer, for the COTP zone covering the U.S. port of destination. These
COTP zones are listed in 33 C.F.R. part 3. [source: 33 C.F.R. 151.2025]

“Chain Locker Effluent” means the accumulated precipitation and seawater that is emptied from
the compartment used to store the vessel's anchor chain. [source: 40 C.F.R 1700.4]

“Coastal Exchange Zone” means an area greater than 50 nm from shore and greater than 200
meters in depth.

“Commercial fishing vessel” means any vessel which is documented under the laws of the
United States or, if under five net tons, registered under the laws of any State, and used for
commercial fishing or activities directly related to commercial fishing. (source: modified from 50 CFR
296.2)

“Commercial vessel” means any “vessel” other than a “recreational vessel” or a vessel of the
U.S. armed forces.

“Constructed’ means a state of construction of a vessel at which—


“(A) the keel is laid;
“(B) construction identifiable with the specific vessel begins;
“(C) assembly of the vessel has begun comprising at least 50 tons or 1 percent of the
estimated mass of all structural material of the vessel, whichever is less; or
“(D) the vessel undergoes a major conversion;” [patterned after the February 2004 Ballast Water
Treaty, regulation A1(4)]

"Control measure" means any BMP or other method (including effluent limitations) used to
prevent or reduce the discharge of pollutants to waters of the United States.

“Controllable Pitch Propeller Hydraulic Fluid” means the hydraulic fluid that discharges into the
surrounding seawater from propeller seals as part of normal operation, and the hydraulic fluid
released during routine maintenance of the propellers. [source: 40 C.F.R 1700.4]

“Cruise ship” means a passenger ship used commercially for pleasure cruises that provides
overnight accommodations to passengers.

“Darkness” means sunset to sunrise.

“Deck” means a horizontal surface or part thereof serving as a floor or structural support over the
upper section of the hull and which is exposed to weather and sea such as freeboard and
superstructure decks from which runoff may originate.

“Deck Runoff” means the precipitation, washdowns, and seawater falling on the weather deck of
a vessel and discharged overboard through deck openings.
[source: 40 C.F.R 1700.4]

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“Delivered” means the date of the owner/operator’s formal acceptance of the ship from the
builder or another seller or the point in time when custody or ownership of the vessel officially
transfers from the shipbuilder or other seller to the owner/operator.

“Discharge incidental to the normal operation of a vessel” means those discharges that were
excluded from the NPDES permitting program by operation of 40 C.F.R. 122.3(a) as in effect on
September 29, 2008.

“Distillation and Reverse Osmosis Brine” means the concentrated seawater (brine) produced as a
byproduct of the processes used to generate freshwater from seawater. [source: 40 C.F.R 1700.4]

“Elevator Pit Effluent” means the liquid that accumulates in, and is discharged from, the sumps
of elevator wells on vessels. [source: 40 C.F.R 1700.4]

“Exchange” means to replace the water in a ballast tank using one of the following methods:

“Empty/refill exchange” means to pump out the “ballast water” taken on in ports,
estuarine, or territorial waters until the tank is empty, then refilling it with water from the
“mid-ocean” or “coastal exchange zone” (as applicable); masters/operators should pump
out as close to 100 percent of the “ballast water” as is safe to do so. [modified from: 33
C.F.R. 151.2025]

“Flow through exchange” means to flush out “ballast water” by pumping in water from
the “mid-ocean” or “coastal exchange zone” (as applicable) into the bottom of the tank
and continuously overflowing the tank from the top until three full volumes of water has
been changed to minimize the number of original organisms remaining in the tank.

“Exclusive Economic Zone” (EEZ) means the area established by Presidential Proclamation
Number 5030, dated March 10, 1983 (48 FR 10605, 3 CFR, 1983 Comp., p. 22) which extends
from the base line of the territorial sea of the United States seaward 200 miles, and the equivalent
zone of Canada. [source: 33 C.F.R. 151.2025]

“Ferry” means a vessel having provisions for deck passengers and/or vehicles operating between
two points over the most direct water route, operating on a frequent schedule, and offering a
public service of a type normally attributed to a bridge or tunnel. [modified from: 46 C.F.R.
§70.10-1]

“Firemain Systems” means the seawater pumped through the firemain system for firemain
testing, maintenance, and training, and to supply water for the operation of certain vessel
systems. [source: 40 C.F.R 1700.4]

“Fouling organisms” means any aquatic flora and/or fauna which attach to, associate with, and/or
grow on or in the vessel.

“Freshwater Layup” means the potable water or freshwater taken from surrounding waters that is
discharged from the water cooling system while the vessel is in port, and the cooling system is in

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lay-up mode (a standby mode where seawater in the system is replaced with potable water for
corrosion protection). [modified from: 40 C.F.R 1700.5(d)]

“Gas Turbine Water Wash” means the water released from washing gas turbine components.
[source: 40 C.F.R 1700.4]

“Graywater” means galley, bath, and shower water, as well as wastewater from lavatory sinks,
laundry, and water fountains. [modified from 40 C.F.R 1700.4 but removed shop sinks]

“Gross Ton” means the size of the vessel as calculated using the formula set by the International
Convention on Tonnage Measurement of Ships, 1969. GT = K * V where V = total volume in m³
and K = a figure from 0.22 up to 0.32, depending on the ship’s size (calculated by : K = 0.2 +.02
* log10V).

“Hull Coating Leachate” the constituents that leach, dissolve, ablate, or erode from the paint on
the hull into the surrounding seawater. [source: 40 C.F.R 1700.4]

“IMO Guidelines” mean the Guidelines for the Control and Management of Ships’ Ballast Water
to Minimize the Transfer of Harmful Aquatic Organisms and Pathogens (IMO Resolution A.868
(20), adopted November 1997). [source: 33 C.F.R. 151.2025]

“In Port” means, for the purposes of this permit, anchored, moored, or otherwise secured while
located in waters subject to this permit which are inside the baseline of the US territorial sea.

“Large cruise ship” means a passenger ship, used commercially for pleasure cruises, that
provides overnight accommodations to passengers, and is authorized by the Coast Guard to carry
500 or more passengers.

“Large Ferry” means a “ferry” that: a) has a capacity greater than or equal to 100 tons of cargo,
e.g., for cars, trucks, trains, or other land-based transportation or b) is authorized by the Coast
Guard to carry 250 or more people.

“Major conversion” means a conversion of a vessel, that—


(A) substantially alters the dimensions or carrying capacity of the vessel;
(B) changes the type of the vessel; or
(C) the intent of which, in the opinion of the director, is substantially to prolong its life
[modified from 33 CFR 151.05 with the exception language specific to MARPOL is removed].

“MARPOL 73/78” means the International Convention for the Prevention of Pollution from
Ships, 1973, as modified by the Protocol of 1978 relating thereto. [[source: modified from 40 C.F.R
110.1]

“MARPOL vessel” means a ship subject to Annex I of the International Convention for the
Prevention of Pollution from Ships as implemented by the Act to Prevent Pollution from Ships
and the oil pollution provisions of U.S. Coast Guard regulations in 33 CFR Part 151, Subpart A.

“Master” means captain, person-in-charge, or other party responsible for operation of the vessel.

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“Medium Cruise Ship” means a passenger ship, used commercially for pleasure cruises, that
provides overnight accommodations to passengers, and is authorized by the Coast Guard to carry
100 to 499 passengers.

“Mid-Ocean” means waters greater than 200 nm from any shore.

“Mile” means nautical mile as used in this permit, or 6076.1 feet or 1.852 kilometers.

“Motor Gasoline and Compensating Discharge” means the seawater taken into, and discharged
from, motor gasoline tanks to eliminate free space where vapors could accumulate. [source: 40
C.F.R 1700.4]

“NANPCA” means the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990.
[source: 33 C.F.R. 151.2025]

“NBIC” means the National Ballast Water Information Clearinghouse operated by the Coast
Guard and the Smithsonian Environmental Research Center as mandated under NISA. [source:
33 C.F.R. 151.2025]

“NISA” means the National Invasive Species Act of 1996, which reauthorized and amended
NANPCA. [source: 33 C.F.R. 151.2025]

“Non-Oily machinery wastewater” means the combined wastewater from the operation of
distilling plants, water chillers, valve packings, water piping, low- and high-pressure air
compressors, propulsion engine jacket coolers, fire pumps, and seawater and potable water
pumps. [modified from: 40 C.F.R 1700.4]

“Non-toxic” soaps, cleaners, and detergents means these materials which do not exhibit
potentially harmful characteristics as defined by the Consumer Product Safety Commission
regulations found at 16 CFR Chapter II, Subchapter C, Part 1500.

“Noxious Liquid Substance” (“NLS”) has the same meaning given that term by 33 CFR Part
151, Subpart A.

“Oil” means oil of any kind or in any form, including but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other than dredged spoil. [source: 33 CFR 154.105]

“Oil in quantities that may be harmful” means any discharge of oil having the effects identified
in 40 CFR 110.3, provided that this term does not include those discharges specified in 40 CFR
110.5(a) – (c).

“Oily mixture” means a mixture, in any form, with any oil content, including, but not limited to:
(1) slops from bilges; (2) slops from oil cargoes (such as cargo tank washings, oily waste, and
oily refuse; (3) oil residue; and (4) oily Ballast Water from cargo or fuel oil tanks. [source: 33 CFR
151.05]

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"Owner or operator" and "Owner/Operator" mean the owner or operator of any facility or
activity subject to regulation under the NPDES program. For purposes of this permit, an
"operator" means a party, including a charterer by demise, who:
(1) has operational control over vessel activities, including the ability to modify those
activities; or
(2) has day-to-day operational control of those activities that are necessary to ensure
compliance with the permit or to direct workers to carry out activities required to comply
with the permit.

“Pacific Coastwise Trade” means vessels engaged in coastwise trade along the Pacific Coast of
the United States, operating in and between ports in Alaska, California, Oregon, and
Washington.

“Pacific Nearshore Voyages” means voyages by any vessels engaged in the Pacific Coastwise
trade and vessels transiting between Pacific Ports that travel between more than one Captain of
the Port Zone, and all other vessels that sail from foreign, non U.S. Pacific, Atlantic, or Gulf of
Mexico ports, which do not sail further than 200 nm from any shore, and that discharge or will
discharge ballast water into the territorial sea or inland waters of Alaska or of the West Coast of
the continental United States.

“Person” means an individual, association, partnership, corporation, municipality, State or


Federal agency, or an agent or employee thereof. [source – 40 CFR Part 122.2]

“Phosphate Free” soaps, cleaners, and detergents means these materials which contain, by
weight, 0.5% or less of phosphates or derivatives of phosphates.

“Photographic Laboratory Drains” means the drains containing laboratory wastewater resulting
from processing of photographic film. [adapted from: 40 C.F.R 1700.4]

“Port” see “In Port”

“Port or place of departure” means any port or place in which a vessel is anchored or moored.
[source: 33 C.F.R. 151.2025]

“Port or place of destination” means any port or place to which a vessel is bound to anchor or
moor. [source: 33 C.F.R. 151.2025]

“Recreational vessel” means a “vessel” being manufactured or operated primarily for pleasure or
leased, rented, or chartered to another for the latter's pleasure. [source: 46 USC 2101(25)]

“Saltwater flushing” means the addition of “mid-ocean” (in the case of 2.2.3.7) or “coastal
exchange zone” (in Part 2.2.3.8) water to empty ballast water tanks; the mixing of the added
water with residual ballast water and sediment through the motion of the vessel; and the
discharge of the mixed water until loss of suction, such that the resulting residual water
remaining in the tank has either a salinity greater than or equal to 30 parts per thousand (ppt) or a
salinity concentration equal to the ambient salinity of the location where the uptake of the added
water took place.

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“Seawater Cooling Overboard Discharge” means the discharge of seawater from a dedicated
system that provides noncontact cooling water for other vessel systems. [source: 40 C.F.R 1700.4]

“Seawater Piping Biofouling Prevention” means the discharge of seawater containing additives
used to prevent the growth and attachment of biofouling organisms in dedicated seawater cooling
systems on selected vessels. [source: 40 C.F.R 1700.4]

“Sewage” means human body wastes and the wastes from toilets and other receptacles intended
to receive or retain body wastes that are discharged from vessels, except that with respect to
commercial vessels on the Great Lakes, this term includes galley, bath, and shower water.

“Sonar Dome Discharge” means the leaching of antifoulant materials into the surrounding
seawater and the release of seawater or freshwater retained within the sonar dome. [source: 40
C.F.R 1700.4]

“Surface Vessel Bilgewater/Oily Water Separator Effluent” means the wastewater from a variety
of sources that accumulates in the lowest part of the vessel (the bilge), and the effluent produced
when the wastewater is processed by an oil water separator. [source: 40 C.F.R 1700.4]

“Technical Water” means water that is collected, generated or managed on board for uses other
than potable water.

“Territorial sea” has the meaning assigned by section 502(8) of the Federal Water Pollution
Control Act (33 U.S.C. 1362(8)).

“Treated Bilgewater” means bilgewater treated with an oily water separator and having oil
concentrations less than 15 ppm and that does not result in a discharge of oil in quantities that
may be harmful, pursuant to 40 CFR Part 110.

“Toxic and hazardous materials” means, for purposes of the VGP: any substance identified in 40
CFR 116.4; any toxic pollutant identified in 40 CFR 401.15; and any hazardous material as
defined in 49 CFR 171.8””

“United States” means the States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
[source: 33 C.F.R. 151.2025]

“Underwater Ship Husbandry Discharges” means the materials discharged during the inspection,
maintenance, cleaning, and repair of hulls or hull appendages performed while the vessel is
waterborne. [modified from: 40 C.F.R 1700.4]

“Untreated Bilgewater” means bilgewater that is not treated.

“Vessel” means every description of watercraft or other artificial contrivance being used as a
means of transportation on “waters subject to this permit.” [modified from CWA § 312(a)]

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“Vessels unable to voyage more than 1 mile from shore” means vessels operating in waters
which do not physically allow them to voyage more than 1 nm from shore (e.g. underway on
inland river systems) or vessels which do not possess required certifications from the Coast
Guard to operate more than 1 nm from shore.

“Visible Sheen” means a “silvery” or “metallic” sheen, gloss, or increased reflectivity; visual
color; iridescence, or oil slick on the surface. [Source: 58 FR 12507].

“Waters subject to this permit” means “waters of the US” as defined in as 40 CFR 122.2 and
extends to the outer reach of the 3 mile territorial sea as defined in section 502(8) of the CWA,
unless otherwise excluded from coverage by Part 6 of the permit.

“Welldeck Discharges” means the water that accumulates from seawater flooding of the docking
well (welldeck) of a vessel used to transport, load, and unload amphibious vessels, and from
maintenance and freshwater washings of the welldeck and equipment and vessels stored in the
welldeck. [source: 40 C.F.R 1700.4]

“You” means the “owner” or “operator” of a permitted vessel.

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8. Appendix B – EPA Regional Region 7 – IA, KS, MO, NE, and 9

Contacts Tribes

901 N 5th St

Kansas City, KS 66101

Region 1 – CT, ME, MA, NH, RI, VT, Phone: (913) 551-7003

and 10 Tribal Nations Toll-Free: 1-800-223-0425

1 Congress St, Suite 1100

Boston, MA 02114-2023
Region 8 - CO, MT, ND, SD, UT, WY,
New England States: (888) 372-7341
and 27 Tribal Nations
Outside New England: (617) 918-1111
1595 Wynkoop St

Denver, CO 80202-1129

Region 2 – NJ, NY, PR, VI, and 7


Phone: (303) 312-6312

Tribal Nations
Toll Free w/in Region 8: (800) 227-8917

290 Broadway, 24th Floor

New York, NY 10007-1866


Region 9 – AZ, CA, HI, NV, and
Phone: (212) 637-3660
Pacific Islands
75 Hawthorne St

Region 3 – DE, DC, MD, PA, VA, WV San Francisco, CA 94105-3901

1650 Arch St
Phone: (415) 947-8000

Philadelphia, PA 19103
Toll Free: (866) EPA-WEST

Phone: 215-814-5000

Toll Free w/in Region 3: (800) 438-2474


Region 10 – AK, ID, OR, WA, and
Native Tribes
Region 4 – AL, FL, GA, KY, MS, NC, 1200 6th Ave, Suite 900

SC, TN, and 2 Tribes Seattle, WA 98101-1128

Atlanta Federal Center


Phone: (206) 553-1200

61 Forsyth St SW
Toll Free: (800) 424-4EPA

Atlanta, GA 30303-3104

Phone: (404) 562-9390

Phone: (404) 562-9900

Toll Free: 1-800-241-1754

Region 5 – IL, IN, MI, MN, OH, WI,


and 35 Tribes
Ralph Metcalfe Federal Building

77 W Jackson Blvd

Chicago, IL 60604-3507

Phone: (312) 353-2000

Region 6 – LA, AR, OK, NM, TX, and


65 Tribes
1445 Ross Ave

Dallas, TX 75202-2733

Phone: (214) 665-6444

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9. Appendix C – Areas Covered


This permit is effective in Waters of the United States for any State, Territory, Indian
Country, or the District of Columbia listed as covered under Part 6 of this permit. As states or
tribes seek authorization to issue vessel permits, areas covered by this permit could change.

9.1 Appendix D Reserved

Reserved.

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10. Appendix E – Notice of Intent (NOI)


10.1 Draft NOI Instructions

Who Must File an NOI Form

Under the provisions of the Clean Water Act, as amended (33 U.S.C. 1251 et. seq.),
federal law prohibits discharges incidental to the normal operation of a vessel unless that
discharge is covered under a National Pollutant Discharge Elimination System (NPDES) Permit.
To obtain authorization under this permit, operators must meet the eligibility requirements found
in Part 1.2 of the Permit and, if required by Part 1.5.1.1 of the Permit, submit a complete and
accurate NOI according to the requirements in Part 10/Appendix E. NOIs must be signed in
accordance with 40 CFR 122.22.

An owner/operator is required to submit an NOI if the vessel meets either of the


following two criteria:

• The vessel is greater or equal to 300 gross tons,

Or

• The vessel has the capacity to hold or discharge more than 8 cubic meters (2113 gallons)
of Ballast Water.

10.1.1.1.1 Owner/Operators required to submit NOIs

For owner/operators required to submit an NOI for their vessel, they must submit an NOI
in accordance with the following table.

NOI Submission Deadlines/Discharge Authorization Dates

Category NOI Deadline Discharge Authorization Date*


Vessels delivered to owner or No later than September 19, Authorization granted until September 19, 2009.
operator on or before 2009 If EPA receives an NOI on or before September
September 19, 2009 19, 2009, uninterrupted coverage continues.
New Owner/Operator of Vessel By date of transfer of Date of transfer or date EPA receives NOI,
– transfer of ownership and/or ownership and/or operation whichever is later
operation of a vessel whose
discharge is previously
authorized under this permit
New vessels delivered to owner 30 days prior to discharge into 30 days after complete NOI received by EPA
or operator after September 19, waters subject to this permit
2009

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NOI Submission Deadlines/Discharge Authorization Dates

Category NOI Deadline Discharge Authorization Date*


Existing vessels delivered to 30 days prior to discharge into 30 days after complete NOI received by EPA
owner or operator after waters subject to this permit
September 19, 2009 that were
not previously authorized under
this permit
* Based on a review of your NOI or other information, EPA may delay the discharge authorization date for further
review, or may deny coverage under this permit and require submission of an application for an individual NPDES
permit, as detailed in Part 1.8. In these instances, EPA will notify you in writing of the delay or the request for
submission of an individual NPDES permit application. If EPA requires an individual permit for an existing vessel
previously covered by this general permit, EPA will allow the permittee a reasonable amount of time to obtain
individual permit coverage before their general permit coverage terminates.

10.1.1.1.2 Owner/Operators not Required to Submit NOIs

An operator of a vessel is not required to submit an NOI pursuant to Part 1.5.1.2 of the
permit if the vessel is less than 300 tons and does not have the capacity to hold or discharge more
than 8 cubic meters of ballast water. Owner/Operators that are not required to submit an NOI
automatically receive coverage under this permit for their vessel and are authorized to discharge
in accordance with the permit requirements.

Where to File NOI Form

All NOIs must be completed and filed using the eNOI system at
www.epa.gov/vessels/enoi or send your completed NOI to the Notice Processing Center at EPA
Headquarters, EPA Vessel Notice Processing Center, Mail Code 4203M, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460. Processing will be available after June 19, 2009.

If you have questions about whether you need to file an NOI or questions about
completing the form, refer to www.epa.gov/vessels/enoi after June 19, 2009 or contact the NOI
center at 1-866-352-7755.

Completing the Form

Section I: Owner/Operator Information

Provide the full legal name of the person, firm, public organization, or other entity that is
the owner/operator of the vessel, as well as the name of the certifying official. Include the
complete contact information for the owner/operator. The mailing address, city, state, and zip
code, as well as phone number are required. The fax number and email address are optional.

Section II: Vessel Information

Provide the vessel name, registered identification number, call sign, and port of registry.
Select the type of vessel by checking the appropriate box. Only the vessel types required to meet
additional, vessel type-specific Permit standards are listed; all other vessel types should select

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“other” and enter the vessel type in the space provided. Enter the vessel weight in gross tons, the
length in feet, and the ballast water capacity in gallons or m³. Indicate whether the vessel
currently holds or has ever held a NPDES permit. Include the Permit number and dates of permit
coverage. If the vessel is covered under this General Permit and this NOI is being submitted for a
transfer of ownership to continue coverage, check the appropriate box, and include the date of
transfer.

Section III: General Voyage Information

Enter the vessel home port, or if it does not have a home port, enter the US port it most
frequently visits. Provide the name of each US port the vessel may visit during the Permit term.
This list does not need to be exhaustive, but should be based on ports visited in the past and
should be representative of the geographic area in which the vessel travels. Provide the Crew
Capacity, that is, the number of crew needed for or normally used for operating the vessel. Also,
select the appropriate box to indicate if the vessel will travel in ocean waters seaward of the US
EEZ.

Section IV: Discharge Information

From the list provided, select each applicable discharge type that your vessel may create.
All discharges incidental to the normal operation of a vessel are included in permit coverage; you
do not have to select each discharge type for your vessel to receive coverage for all discharges
you may have; however, when completing the NOI, vessel owner/operators should list all
discharge types they expect from their vessels. Commercial fishing vessels and vessels less than
79 feet in length will only receive permit coverage for ballast water discharges and do not need
to check other types of discharges in the NOI. Select the appropriate box to indicate whether the
vessel ever engages or has the capacity to engage in industrial operations, such as seafood
processing, energy exploration, or mining. If the vessel will be using a ballast water treatment
system, check the appropriate box and answer the questions related to the discharge of residual
biocides. The requirements for vessels using a ballast water treatment system can be found in
section 5.8 of the Permit. Indicate whether the vessel currently has any onboard treatment
systems for any waste stream listed in the permit, such as an Advanced Wastewater Treatment
System (AWTS) used for graywater or an Oily Water Separator (OWS) used for bilgewater.
Describe the treatment system, including what waste stream it treats, the type and design of the
system, and treatment capacity. Provide information on the frequency and method of ballast tank
sediment disposal and whether the vessel currently has a ballast water management plan. Indicate
whether the vessel has an anti-foulant coating applied to the hull, what type of coating, when it
was last applied, and briefly describe the vessel hull husbandry practices, including frequency of
hull cleaning and method usually used.

Section V: Certification

Carefully read the certification language. To indicate your acceptance of these terms,
check the “accept” box. Checking this box acts as a virtual signature on the NOI and indicates
the operators consent to adhere to all the applicable terms of the Permit. By completing and
submitting the NOI, the owner/operator certifies that every applicable General permit
requirement will be met. Include the name and title of the person completing the eNOI. The

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person completing the eNOI will have a box to check for “accept” which will act as virtual
signature.

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NOI Form

NPDES EPA United States Environmental Protection Agency


Form Washington, DC 20460 Form Approved OMB No.
____-_ Notice of Intent (NOI) for Discharges Incidental to the Normal Operation 2040-0004
Of a Vessel under the NPDES Vessel General Permit

Submission of this completed Notice of Intent (NOI) constitutes notice that the entity in Section A intends to be authorized to
discharge pollutants to waters of the United States, from the vessel identified in Section B, under EPA’s Vessel General Permit
(VGP). Submission of the NOI also constitutes notice that the party identified in Section B of this form has read, understands,
and meets the eligibility conditions of Part 1 of the VGP; agrees to comply with all applicable terms and conditions of the VGP;
and understands that continued authorization under the VGP is contingent on maintaining eligibility for coverage. In order to be
granted coverage, all information required on this form must be completed. Please read and make sure you comply with all
permit requirements.

A. Vessel Owner/Operator Information


1. Name:
2. IRS Employer Information Number: _ _ - _ _ _ _ _ _ _
3. Name of Certifying Official
4. Mailing Address: a. Street:
b. City: c. State: _ _ d. Zip code: _ _ _ _ _ - _ _ _ _
d. Country:
e. Phone: _ _ _ - _ _ _ - _ _ _ _ f. Fax (Optional): _ _ _ - _ _ _ - _ _ _ _
g. E-mail:

B. Vessel Information
1. Vessel Name:
2. Vessel ID/Registered Number/IMO number
3. Vessel Call Sign
4. Flag State/Port of Registry
5. Type of Vessel (select one)
□ Commercial Fishing Vessel with Ballast Water □ Barge
□ Medium Cruise Ship (100 to 499 passengers) □ Oil or Gas Tanker
□ Large Cruise Ship (500+ passengers) □ Research Vessel
□ Large Ferry (250+ passengers or more than 100 tons of □ Rescue Vessel
cargo, e.g., cars, trucks, trains, or other land- based □ Other:
transportation.)
6. Vessel Dimensions: a. Weight: gross tons

b. Length: feet

7. Ballast Water Capacity: gallons or meters³

8. Year Vessel Built:

9. a. Date of last dry-dock: b. Date of next scheduled/anticipated dry-dock:

10. Does the vessel have onboard treatment systems for any other waste stream covered by this permit (e.g. Advanced

Wastewater Treatment System for Graywater, Oily Water Separator)?

□ Yes □ No

If yes, please complete the following for each treatment system:

Waste stream:

Treatment system type/design and manufacturer:

Treatment System Capacity:

11. Ballast Water –

a. How often if the ballast tank cleaned and sediment disposed of?

b. How and where do you typically dispose of ballast tank sediment?

c. Does vessel have an existing ballast water management plan? □ Yes □ No

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12. a. Type of anti-fouling hull coating on the vessel:


b. When anti-fouling hull coating was last applied:
c. Describe hull husbandry practices, such as frequency of cleaning, method used, etc:

13. Does vessel currently have, or has vessel ever held, an NPDES permit, for any part, discharge, or operation of the vessel?
□ Yes □ No
a. If yes, please provide the following:

Permit Number:

Dates of coverage:

b. Is this a transfer of ownership? □ Yes □ No

If Yes, provide date of transfer:

C. Vessel Voyage Information


1. Home Port/Most Frequented US Port:
2. US Ports Vessel Anticipates Visiting During Permit Term:
3. Number of overnight berths: a. Passengers b. Crew
a. Maximum passenger capacity b. Crew
4. Does vessel travel beyond the US EEZ and more than 200 nm from any shore? □ Yes □ No
5. Is the vessel engaged in Pacific Nearshore Voyages? □ Yes □ No

D. Discharge Information (commercial fishing vessels and vessels < 79 feet in length need only select Ballast Water; if such
vessels have no ballast water discharges they do not need coverage under this permit):

1. Select all applicable discharges vessel may generate:


□ Deck Washdown and Runoff □ Gas Turbine Wash Water
□ Bilgewater/Oily Water Separator Effluent □ Graywater
□ Ballast Water □ Motor Gasoline and Compensating Discharge
□ Anti-fouling hull coatings □ Non-Oily Machinery Wastewater
□ Aqueous Film Forming Foams (AFFF) □ Refrigeration and Air Condensate Discharge
□ Boiler/Economizer Blowdown □ Seawater Cooling Overboard Discharge
□ Cathodic Protection □ Seawater Piping Biofouling Prevention
□ Chain Locker Effluent □ Small Boat Engine Wet Exhaust
□ Controllable Pitch Propeller Hydraulic Fluid and other □ Sonar Dome Discharge
Oil-to-Sea Interfaces □ Underwater Ship Husbandry
□ Distillation or Reverse Osmosis Brine □ Welldeck Discharges
□ Elevator Pit Effluent □ Graywater Mixed with Sewage
□ Firemain Systems □ Exhaust Gas Scrubber Washwater Discharge
□ Freshwater layup
2. Does Vessel ever engage in or have capacity to engage in industrial operations? □ Yes □ No
a. If yes, please select appropriate box:
□ Seafood processing □ Mining
□ Energy Exploration □ Other:
3. Will the vessel be using an experimental ballast water treatment system which discharges residual biocides?
□ Yes □ No
b. If yes, are biocide concentrations below those listed in Part 5.8 of the Permit? □ Yes □ No
c. List the biocide residuals or derivatives that may be discharged by the ballast water treatment system:

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E. Certifier Name and Title


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.

Print Name:
Title:
Signature:
Email:

NOI Preparer (Complete if NOI was prepared by someone other than the certifier)

Prepared By:

Organization:

Phone: Ext:

Email:

Date: _ _ - _ _ - _ _

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11. Appendix F – Notice of Termination (NOT)


11.1 NOT Instructions

Who Must File an NOT Form

Any owner/operator who was required to submit an NOI under Part 1.5.1.1 and meets the
conditions of Part 1.6.1.2 of the General Permit is required to submit an NOT to end coverage
under this permit.

If you have questions about whether you need to file an NOT or questions about
completing the form, refer to (website will be inserted after finalization of this permit) or contact
the NOI center at 1-866-352-7755.

Where to File NOT Form

All NOIs must be completed and filed using the eNOI system at
www.epa.gov/vessels/enoi or send your completed NOI to the Notice Processing Center at EPA
Headquarters, EPA Vessel Notice Processing Center Mail Code 4203M, U.S. EPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460.

Completing the Form

Section I: Owner/Operator Information

Provide the full legal name of the person, firm, public organization, or other entity that is
the owner/operator of the vessel, as well as the name of the certifying official. Include the
complete contact information for the owner/operator. The mailing address, city, state, and zip
code, as well as phone number are required. The fax number and email address are optional.
Provide the date permit coverage began under the applicable NOI. Select the appropriate box to
indicate why you are submitting an NOT to end permit coverage. There are three options to
choose from: because you have sold or transferred the vessel and are no longer the owner or
operator, because the vessel is no longer traveling in or discharging to waters subject to this
permit, or because you have obtained individual or alternative permit coverage. If you have sold
or transferred the vessel, please provide the date of transfer as well as the name and contact
information of the new owner. If you have obtained an individual or alternative permit, please
provide the permit number and date permit coverage begins in the space given.

Section II: Vessel Information

Provide the vessel name, registered identification number, call sign, and port of registry.

Section III: Certification

Carefully read the certification language. To indicate your acceptance of these terms,
check the “accept” box. Checking this box acts as a virtual signature on the NOT and indicates
that you understand these vessel discharges will longer be authorized under the general permit,

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and that any discharge of these effluent streams without a permit is a violation of the Clean
Water Act. Include the name and title of the person completing the eNOI. The person completing
the eNOI will have a box to check for “accept” which will act as virtual signature.

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NOT Form
NPDES FORM Form Approved. OMB No 2040-0004
____-_ Please See Instructions Before Completing This Form
EPA Notice of Termination (NOT) of Coverage under NPDES General Permit for

Discharges Incidental to Normal Vessel Operation

Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form is no longer
authorized to discharge any discharge incidental to the normal operation of a vessel under the NPDES program for the vessel
identified in Section III of this form. All necessary information must be included on this form. Refer to the instructions at the end
of this form.

A. Permit Information 4. Mailing Address:


1. NPDES Permit Tracking Number: _ _ _ _ _ _ _ _ _ a. Street:
2. Reason for Termination (check one only): b. City:
a. □ You transferred operational control to another c. State: _ _ d. Zip code: _ _ _ _ _ - _ _ _ _
operator.
Date of transfer: e. Phone: _ _ _ - _ _ _ - _ _ _ _
b. □ You terminated vessel operations in waters subject to f. Fax (Optional): _ _ _ - _ _ _ - _ _ _ _
the General Permit. g. E-mail:
c. □ You obtained coverage under an individual or
alternative NPDES permit. C. Vessel Information
Permit Number: 1. Vessel Name:
Effective Date: 2. Vessel ID/Registered Number
3. Vessel Call Sign
B. Vessel Owner/Operator Information
1. Name: 4. Port of Registry
2. IRS Employer Information Number: _ _ - _ _ _ _ _ _ _
3. Name of Certifying Official:

D. Certifier Name and Title:


I certify under penalty of law that the information contained in this form is, to the best of my knowledge and belief, true, accurate
and complete. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge any effluent
associated with normal vessel operation under this general permit, and that discharging pollutants related to the normal operation
of a vessel in to waters of the United States is unlawful under the Clean Water Act where the discharge is not authorized by a
NPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for
any violations of this permit or the Clean Water Act.

Furthermore, 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.

Print Name:
Title:
Signature: Date: _ _ - _ _ - _ _

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12. Appendix G – Waters Federally Protected wholly or in part for


Conservation Purposes
The list provided in Part 12 is a complete list of marine sanctuaries, units of the National
Park System, units of the National Wildlife Refuge System, National Wilderness areas, and
national wild and scenic rivers system components. EPA notes that this is a complete list
gathered from sources maintained by the administrative agency. EPA did not filter this list: in
many cases, the listed areas are terrestrial. Where the area is terrestrial (e.g. The Washington
Monument), the requirements to comply with specific effluent limits do not apply. However,
whenever any of these areas are aquatic or marine, the requirements discussed in Part 12.1 apply
if they are applicable to a given vessel.

12.1 Waters Federally Protected Wholly or in Part for Conservation Purposes

You must comply with the specific effluent limits in Parts 2.2.2, 2.2.3.10, 2.2.5, 2.2.6,
2.2.12, 2.2.15, 2.2.16 and 5.1.1.1.1 [etc.] affecting the following federally protected waters to the
extent located in waters subject to this permit:

• Marine Sanctuaries designated under the National Marine Sanctuaries Act (16 U.S.C.
1431 et seq.) and implementing regulations found at 15 CFR Part 922 and 50 CFR Part
404 or Marine national monuments designated under the Antiquities Act of 1906 (see
Part 12.1.1 for a list of such areas);
• A unit of the National Park System, including National Preserves and National

Monuments (see Part 12.1.2 for a list of such areas);

• A unit of the National Wildlife Refuge System, including Wetland Management Districts,
Waterfowl Production Areas, National Game Preserves, Wildlife Management Area, and
National Fish and Wildlife Refuges (see Part 12.1.3 for a list of such areas);
• National Wilderness Areas (see Part 12.1.4 for a list of such areas); and
• Any component designated under the National Wild and Scenic Rivers System (see Part
12.1.5 for a list of such areas).
• Any waterbody designated as an Outstanding National Resource Water (ONRW) by a
State or Tribe (see Part 12.1.6 for a description of such areas)

12.1.1 Marine Sanctuaries under the National Marine Sanctuaries Act (16 U.S.C. 1431 et
seq.) and National Marine Monuments Designated under the Antiquities Act of
1906

• Channel Islands (California)


• Cordell Bank (California)
• Fagatele Bay (American Samoa)(U.S.)
• Florida Keys (Florida)
• Flower Garden Banks (Texas)

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• Grays Reef (Georgia)


• Gulf of the Farallones (California)
• Hawaiian Islands Humpback Whales (Hawaii)
• Monitor (North Carolina)
• Monterey Bay (California)
• Olympic Coast (Washington)
• Papahanaumokuakea Marine National Monument (Hawaii)
• Stellwagen Bank (Massachusetts)
• Thunder Bay (Michigan)

12.1.2 National Parks and Refuges: National Park Service, Department of the Interior
Alabama Glen Canyon National Recreation Area
Horseshoe Bend National Military Park Grand Canyon National Park
Little River Canyon National Preserve Hohokam Pima National Monument
Natchez Trace Parkway Hubbell Trading Post National Historic Site
Russell Cave National Monument Juan Bautista de Anza National Historic Trail
Selma To Montgomery National Historic Trail Lake Mead National Recreation Area
Trail Of Tears National Historic Trail Montezuma Castle National Monument
Tuskegee Airmen National Historic Site Navajo National Monument
Tuskegee Institute National Historic Site Old Spanish National Historical Trail
Alaska Organ Pipe Cactus National Monument
Alagnak Wild River Parashant National Monument
Alaska Public Lands Petrified Forest National Park
Aleutian World War II National Historic Area Pipe Spring National Monument
Aniakchak National Monument and Preserve Saguaro National Park
Bering Land Bridge National Preserve Sunset Crater Volcano National Monument
Cape Krusenstern National Monument Tonto National Monument
Denali National Park and Preserve Tumacácori National Historical Park
Gates Of The Arctic National Park and Preserve Tuzigoot National Monument
Glacier Bay National Park and Preserve Walnut Canyon National Monument
Inupiat Heritage Center Wupatki National Monument
Katmai National Park and Preserve Yuma Crossing National Heritage Area
Kenai Fjords National Park Arkansas
Klondike Gold Rush National Historical Park Arkansas Post National Memorial
Kobuk Valley National Park Buffalo National River
Lake Clark National Park and Preserve Central High School National Historic Site
Noatak National Preserve Fort Smith National Historic Site
Sitka National historical Park Hot Springs National Park
Wrangell - St Elias National Park and Preserve Pea Ridge National Military Park
Yukon - Charley Rivers National Preserve Trail Of Tears National Historic Trail
American Samoa California
National Park of American Samoa Alcatraz Island
Arizona Cabrillo National Monument
Canyon De Chelly National Monument California National Historic Trail
Casa Grande Ruins National Monument Channel Islands National Park
Chiricahua National Monument Death Valley National Park
Coronado National Memorial Devils Postpile National Monument
Fort Bowie National Historic Site Eugene O'Neill National Historic Site

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Vessel General Permit (VGP)

Fort Point National Historic Site Carter G. Woodson Home National Historic Site
Golden Gate National Recreation Area Chesapeake & Ohio Canal National Historical
John Muir National Historic Site Park
Joshua Tree National Park Chesapeake Bay Gateways Network
Juan Bautista de Anza National Historical Trail Constitution Gardens
Kings Canyon National Park Ford's Theatre National Historical Site
Lassen Volcanic National Park Fort Dupont Park
Lava Beds National Monument Franklin Delano Roosevelt Memorial
Manzanar National Historic Site Frederick Douglass National Historic Site
Mojave National Preserve George Mason Memorial
Muir Woods National Monument George Washington Memorial Parkway
Old Spanish National Historic Trail John Ericsson National Memorial
Pinnacles National Monument Kenilworth Park & Aquatic Gardens
Point Reyes National Seashore Korean War Veterans Memorial
Pony Express National Historic Trail Lincoln Memorial
Port Chicago Naval Magazine National Mary McLeod Bethune Council House National
Memorial historic Site
Presidio of San Francisco Meridian Hill Park
Redwood National and State Parks National Capital Parks-East
Rosie the Riveter WWII Home Front National National Mall
Historical Park National Mall & Memorial Parks
San Francisco Maritime National Historical Park National World War II
Santa Monica Mountains National Recreation Old Post Office Tower
Area Peirce Mill
Sequoia & Kings Canyon National Parks Pennsylvania Avenue National Historic Site
Whiskeytown National Recreation Area Potomac Heritage National Scenic Trail
Yosemite National Park President's Park (White House)
Colorado Rock Creek Park
Bent's Old Fort National Historical Site Sewall-Belmont House National Historic Site
Black Canyon Of The Gunnison National Park The Old Stone House
California National Historic Trail Thomas Jefferson Memorial
Colorado National Monument Vietnam Veterans Memorial
Curecanti National Recreation Area Washington Monument
Dinosaur National Park World War II Memorial
Florissant Fossil Beds National Monument Florida
Great Sand Dunes National Park and Preserve Big Cypress National Preserve
Mesa Verde National Park Biscayne National Park
Old Spanish National Historic Trail Canaveral National Seashore
Pony Express National Historic Trail Castillo De San Marcos National Monument
Rocky Mountain National Park De Soto National Memorial
Sand Creek Massacre National Historical Site Dry Tortugas National Park
Santa Fe National Historic Trail Everglades National Park
Yucca House National Monument Fort Caroline National Memorial
Connecticut Fort Matanzas National Monument
Appalachian National Scenic Trail Gulf Islands National Seashore
Quinebaug & Shetucket Rivers Valley National Timucuan Ecological and Historical Preserve
Heritage Corridor Georgia
Weir Farm National Historic Site Andersonville National Historic Site
Delaware Appalachian National Scenic Trail
Captain John Smith Chesapeake National Augusta Canal national Heritage Area
Historic Trail Chattahoochee River National Recreation Area
District of Columbia Chickamauga & Chattanooga National Military
Anacostia Park Seashore
Capitol Hill Parks Cumberland Island National Seashore
Captain John Smith Chesapeake National Fort Frederica National Monument
Historic Trail Fort Pulaski National Monument

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Vessel General Permit (VGP)

Jimmy Carter National Historic Site Big South Fork National River and Recreation
Kennesaw Mountain National Battlefield Park Area
Martin Luther King Jr National Historic Site Cumberland Gap National Historical Park
Ocmulgee National Monument Mammoth Cave National Park
Trail Of Tears National Historic Trail Trail Of Tears National Historic Trail
Guam Louisiana
War In The Pacific National Historical Park Cane River National Heritage Area
Hawaii Cane River Creole National Historical Park
Ala Kahakai National Historic Trail El Camino Real de Los Tejas National Historic
Haleakala National Park Trail
Hawaii Volcanoes National Park Jean Lafitte National Historical Park and
Kalaupapa National Historical Park Preserve
Kaloko-Honokohau National Historical Park New Orleans Jazz National Historical Park
Pu`uhonua O Honaunau National Historical Park Poverty Point National Monument
Puukohola Heiau National Historical Site Maine
USS Arizona Memorial Acadia National Park
Idaho Appalachian National Scenic Trail
California National Historic Trail Maine Acadian Culture
City Of Rocks National Reserve Roosevelt Campobello International Park
Craters Of The Moon National Monument and Saint Croix Island International Historic Site
Preserve Maryland
Hagerman Fossil Beds National Monument Antietam National Battlefield
Lewis & Clark National Historic Trail Appalachian National Scenic Trail
Minidoka Internment National Monument Assateague Island National Seashore
Nez Perce National Historical Park Baltimore-Washington Parkway
Oregon National Historic Trail Captain John Smith Chesapeake National
Yellowstone National Park Historic Trail
Illinois Catoctin Mountain Park
Lewis & Clark National Historic Trail Chesapeake & Ohio Canal National Historical
Lincoln Home National Historic Site Park
Mormon Pioneer National Historic Trail Chesapeake Bay Gateways Network
Trail Of Tears National Historic Trail Clara Barton National Historic Site
Indiana Fort Foote Park
George Rogers Clark National Historical Park Fort McHenry National Monument and Historic
Indiana Dunes National Lakeshore Shrine
Lincoln Boyhood National Memorial Fort Washington Park
Iowa George Washington Memorial Parkway
Effigy Mounds National Monument Glen Echo Park
Herbert Hoover National Historic Site Greenbelt Park
Lewis & Clark National Historic Trail Hampton National Historical Site
Mormon Pioneer National Historic Trail Harmony Hall
Kansas Monocacy National Battlefield
Brown V Board Of Education National Historic Oxon Cove Park & Oxon Hill Farm
Site Piscataway Park
California National Historic Trail Potomac Heritage National Scenic Trail
Fort Larned National Historic Site Suitland Parkway
Fort Scott National Historic Site Thomas Stone National Historic Site
Lewis & Clark National Historic Trail Massachusetts
Nicodemus National Historic Site Adams National Historical Park
Oregon National Historic Trail Appalachian National Scenic Trail
Pony Express National Historic Trail Blackstone River Valley National Heritage
Santa Fe National Historic Trail Corridor
Tallgrass Prairie National Preserve Boston National Historical Park
Kentucky Boston African American National Historic Site
Abraham Lincoln Birthplace National Historic Boston Harbor Islands National Recreation Area
Site Cape Cod National Seashore

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Vessel General Permit (VGP)

Essex National Heritage Area Homestead National Monument of America


Frederick Law Olmsted National Historic Site Lewis & Clark National Historic Trail
John F Kennedy National Historic Site Mormon Pioneer National Historic Trail
Longfellow National Historic Site Niobrara National Scenic River
Lowell National Historical Park Oregon National Historic Trail
Minute Man National Historic Site Pony Express National Historic Trail
New Bedford Whaling National Historical Park Scotts Bluff National Monument
Salem Maritime National Historic Site Nevada
Saugus Iron Works National Historic Site California National Historic Trail
Springfield Armory National Historic Site Death Valley National Park
Michigan Great Basin National Park
Isle Royale National Park Lake Mead National Recreation Area
Keweenaw National Historical Park Old Spanish National Historic Trail
Motor Cities National Heritage Area Pony Express National Historic Trail
North Country National Scenic Trail New Hampshire
Pictured Rocks National Lakeshore Appalachian National Scenic Trail
Sleeping Bear Dunes National Lakeshore Saint-Gaudens National Historic Site
Minnesota New Jersey
Grand Portage National Monument Appalachian National Scenic River
Mississippi National River and Recreation Area Delaware National Scenic River
North Country National Scenic Trail Delaware Water Gap National Recreation Area
Pipestone National Monument Edison National Historic Site
Voyageurs National Park Ellis Island National Monument
Mississippi Gateway National Recreation Area
Brices Cross Roads National Battlefield Site Great Egg Harbor River
Gulf Islands National Seashore Lower Delaware National Wild and Scenic River
Natchez National Historical Park Morristown National Historical Park
Natchez Trace Parkway New Jersey Coastal Heritage Trail Route
Natchez Trace National Scenic Trail New Jersey Pinelands National Reserve
Tupelo National Battlefield New Mexico
Vicksburg National Military Park Aztec Ruins National Monument
Missouri Bandelier National Monument
California National Historic Trail Capulin Volcano National Monument
George Washington Carver National Monument Carlsbad Caverns National Park
Harry S Truman National Historic Site Chaco Culture National Historical Park
Jefferson National Expansion Memorial El Camino Real de Los Tejas National Historic
Lewis & Clark National Historic Trail Trail
Oregon National Historic Trail El Camino Real de Tierra Adentro National
Ozark National Scenic Riverways Historic Trail
Pony Express National Historic Trail El Malpais National Monument
Santa Fe National Historic Trail El Morro National Monument
Trail Of Tears National Historic Trail Fort Union National Monument
Ulysses S Grant National Historic Site Gila Cliff Dwellings National Monument
Wilson's Creek National Battlefield Old Spanish National Historic Trail
Montana Pecos National Historical Park
Big Hole National Battlefield Petroglyph National Monument
Bighorn Canyon National Recreation Area Salinas Pueblo Missions National Monument
Glacier National Park Santa Fe National Historic Trail
Grant-Kohrs Ranch National Historic Site White Sands National Monument
Lewis & Clark National Historic Trail New York
Little Bighorn Battlefield National Monument African Burial Ground Designation National
Nez Perce National Historical Park Monument
Yellowstone National Park Appalachian National Scenic Trail
Nebraska Castle Clinton National Monument
Agate Fossil Beds National Monument Chesapeake Bay Gateways Network
California National Historic Trail Eleanor Roosevelt National Historic Site

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Vessel General Permit (VGP)

Ellis Island National Monument Dayton Aviation Heritage National Historical


Erie Canalway National Heritage Corridor Park
Federal Hall National Memorial First Ladies National Historic Site
Fire Island National Seashore Hopewell Culture National Historical Park
Fort Stanwix National Monument James A Garfield National Historic Site
Gateway National Recreation Area National Aviation Heritage Area
General Grant National Memorial North Country National Scenic Trail
Governors Island National Monument Perry's Victory & International Peace Memorial
Hamilton Grange National Memorial William Howard Taft National Historic Site
Home Of Franklin D Roosevelt National Historic Oklahoma
Site Chickasaw National Recreation Area
Hudson River Valley National Heritage Area Fort Smith National Historic Site
Lower East Side Tenement Museum National Oklahoma City National Memorial
Historic Site Santa Fe National Historic Trail
Manhattan Sites Trail Of Tears National Historic Trail
Martin Van Buren National Historic Site Washita Battlefield National Historic Site
National Parks of New York Harbor Oregon
North Country National Scenic Trail California National Historic Trail
Sagamore Hill National Historic Site Crater Lake National Park
Saint Paul's Church National Historic Site Fort Vancouver National Historic Site
Saratoga National Historical Park John Day Fossil Beds National Monument
Statue Of Liberty National Monument Lewis & Clark National Historic Trail
Theodore Roosevelt Birthplace National Historic Lewis and Clark National Historical Park
Site Nez Perce National Historical Park
Theodore Roosevelt Inaugural National Historic Oregon National Historic Trail
Site Oregon Caves National Monument
Upper Delaware Scenic and Recreational River Pennsylvania
Vanderbilt Mansion National Historic Site Allegheny Portage Railroad National Historic
Women's Rights National Historical Park Site
North Carolina Appalachian National Scenic Trail
Appalachian National Scenic Trail Chesapeake Bay Gateways Network
Blue Ridge Parkway Delaware National Scenic River
Blue Ridge National Heritage Area Delaware & Lehigh National Heritage Corridor
Cape Hatteras National Seashore Delaware Water Gap National Recreation Area
Cape Lookout National Seashore Deshler-Morris House
Carl Sandburg Home National Historic Site Edgar Allan Poe National Historic Site
Fort Raleigh National Historic Site Eisenhower National Historic Site
Great Smoky Mountains National Park Flight 93 National Memorial
Guilford Courthouse National Military Park Fort Necessity National Battlefield
Moores Creek National Battlefield Friendship Hill National Historic Site
Overmountain Victory National Historic Trail Gettysburg National Military Park
Trail Of Tears National Historic Trail Gloria Dei Church National Historic Site
Wright Brothers National Monument Hopewell Furnace National Historic Site
North Dakota Independence National Historical Park
Fort Union Trading Post National Historic Site Johnstown Flood National Monument
Knife River Indian Villages National Historic Lackawanna Heritage Valley
Site Lower Delaware National Wild and Scenic River
Lewis & Clark National Historic Trail North Country National Scenic Trail
North Country National Scenic Trail Oil Region National Heritage Area
Theodore Roosevelt National Park Path of Progress National Heritage Tour Route
Northern Mariana Islands Potomac Heritage National Scenic Trail
American Memorial Park Rivers Of Steel National Heritage Area
Ohio Schuylkill River Valley National Heritage Area
Cuyahoga Valley National Park Steamtown National Historic Site
David Berger National Memorial Thaddeus Kosciuszko National Memorial
Upper Delaware Scenic and Recreational River

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Vessel General Permit (VGP)

Valley Forge National Historical Park Rio Grande Wild and Scenic River
Puerto Rico San Antonio Missions National Historical Park
San Juan National Historic Site Utah
Rhode Island Arches National Park
Blackstone River Valley National Heritage Bryce Canyon National Park
Corridor California National Historic Trail
Roger Williams National Memorial Canyonlands National Park
Touro Synagogue National Historic Site Capitol Reef National Park
South Carolina Cedar Breaks National Monument
Charles Pinckney National Historic Site Dinosaur National Monument
Congaree National Park Glen Canyon National Recreation Area
Cowpens National Battlefield Golden Spike National Historic Site
Fort Moultrie National Monument Hovenweep National Monument
Fort Sumter National Monument Mormon Pioneer National Historic Trail
Kings Mountain National Military Park Natural Bridges National Monument
Ninety Six National Historic Site Old Spanish National Historic Trail
Overmountain Victory National Historic trail Pony Express National Historic Trail
South Carolina National Heritage Corridor Rainbow Bridge National Monument
South Dakota Timpanogos Cave National Monument
Badlands National Park Zion National Park
Jewel Cave National Monument Vermont
Lewis & Clark National Historic Trail Appalachian National Scenic Trail
Minuteman Missile National Historic Site Marsh - Billings - Rockefeller National
Missouri Recreational River Historical Park
Mount Rushmore National Memorial Virgin Islands
Wind Cave National Park Buck Island Reef National Monument
Tennessee Christiansted National Historic Site
Andrew Johnson National Historic Site Salt River Bay National Historic Park and
Appalachian National Scenic Trail Ecological Preserve
Big South Fork National River and Recreation Virgin Islands National Park
Area Virgin Islands Coral Reef National Monument
Fort Donelson National Battlefield Virginia
Great Smoky Mountains National Park Appalachian National Scenic Trail
Natchez Trace Parkway Appomattox Court House National Historical
Obed Wild and Scenic River Park
Overmountain Victory National Historic Trail Arlington House, The Robert E. Lee Memorial
Shiloh National Military Park Assateague Island National Seashore
Stones River National Battlefield Blue Ridge Parkway
Tennessee Civil War National Heritage Area Booker T Washington National Monument
Trail Of Tears National Historic Trail Cape Henry Memorial
Texas Captain John Smith Chesapeake National
Alibates Flint Quarries National Monument Historic Trail
Amistad National Recreation Area Cedar Creek & Belle Grove National Historical
Big Bend National Park Park
Big Thicket National Preserve Chesapeake Bay Gateways Network
Chamizal National Memorial Claude Moore Colonial Farm
El Camino Real de Los Tejas National Historic Colonial National Historical Park
Trail Fredericksburg & Spotsylvania National Military
El Camino Real de Tierra Adentro National Park
Historic Trail George Washington Memorial Parkway
Fort Davis National Historic Site George Washington Birthplace National
Guadalupe Mountains National Park Monument
Lake Meredith National Recreation Area Great Falls Park
Lyndon B Johnson National Historical Park Green Springs
Padre Island National Seashore Jamestown National Historic Site
Palo Alto Battlefield National Historic Site

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Vessel General Permit (VGP)

Lyndon Baines Johnson Memorial Grove on the West Virginia


Potomac Appalachian National Scenic Trail
Maggie L Walker National Historic Site Bluestone National Scenic River
Manassas National Battlefield Park Chesapeake & Ohio Canal National Historical
Overmountain Victory National Historic Trail Park
Petersburg National Battlefield Chesapeake Bay Gateways Network
Potomac Heritage National Scenic Trail Gauley River National Recreation Area
Prince William Forest Park Harpers Ferry National Historical Park
Richmond National Battlefield Park New River Gorge National River
Shenandoah Park Wheeling National Heritage Area
Theodore Roosevelt Island Park Wisconsin
Wolf Trap National Park for the Performing Arts Apostle Islands National Lakeshore
Yorktown National Cemetery Ice Age National Scenic Trail
Washington North Country National Scenic Trail
Ebey's Landing National Historical Reserve Saint Croix National Scenic River
Fort Vancouver National Historic Site Wyoming
Klondike Gold Rush - Seattle Unit National Bighorn Canyon National Recreation Area
Historical Park California National Historic Trail
Lake Chelan National Recreation Area Devils Tower National Monument
Lake Roosevelt National Recreation Area Fort Laramie National Historic Site
Lewis & Clark National Historic Trail Fossil Butte National Monument
Mount Rainier National Park Grand Teton National Park
Nez Perce National Historical Park John D Rockefeller Jr Memorial Parkway
North Cascades National Park Mormon Pioneer National Historic Trail
Olympic National Park Oregon National Historic Trail
Ross Lake National Recreation Area Pony Express National Historic Trail
San Juan Island National Historical Park Yellowstone National Park
Whitman Mission National Historic Site

12.1.3 National Wildlife Refuges (including, but not limited to Wetlands


Management Districts, Waterfowl Production Areas, National Game
Preserves, Wildlife Management Areas, and National Fish and Wildlife
Refuges)

As of 9/30/06, there were 547 national wildlife refuges in all 50 states. Neches
River NWR in Texas, and the Rocky Mountain Front Conservation Area in Montana,
were the 546th and 547th national wildlife refuges. There were 37 Wetland Management
Districts in the Prairie Pothole region of the northern Great Plains.

The acreage for the NWRS as of 9/30/06 was 96,369,969.43 acres. The system
encompasses 547 national wildlife refuges, 37 Wetland Management Districts (which
include Waterfowl Production Areas in 204 counties), and 50 Coordination Areas which
are managed by the states.

Refuges that have boundaries in multiple states are listed only in the state where
the main visitor entrance is located. Maps of each area can be found by accessing the
National Fish and Wildlife Services website at: http://www.fws.gov/refuges/
refugeLocatorMaps/index.html.

Agassiz National Wildlife Refuge MN Alaska Maritime National Wildlife Refuge AK


Alamosa National Wildlife Refuge CO Alaska Peninsula National Wildlife Refuge AK

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Vessel General Permit (VGP)

Alligator River National Wildlife Refuge NC Bond Swamp National Wildlife Refuge GA
Amagansett National Wildlife Refuge NY Bosque del Apache National Wildlife Refuge NM
Anaho Island National Wildlife Refuge NV Bowdoin National Wildlife Refuge MT
Anahuac National Wildlife Refuge TX Boyer Chute National Wildlife Refuge NE
Ankeny National Wildlife Refuge OR Brazoria National Wildlife Refuge TX
Antioch Dunes National Wildlife Refuge CA Breton National Wildlife Refuge LA
Aransas National Wildlife Refuge TX Browns Park National Wildlife Refuge CO
Arapaho National Wildlife Refuge CO Buck Island National Wildlife Refuge VI
Archie Carr National Wildlife Refuge FL Buenos Aires National Wildlife Refuge AZ
Arctic National Wildlife Refuge AK Buffalo Lake National Wildlife Refuge TX
Aroostook National Wildlife Refuge ME Butte Sink Wildlife Management Area CA
Arrowwood National Wildlife Refuge ND Cabeza Prieta National Wildlife Refuge AZ
Arrowwood Wetland Management District ND Cabo Rojo National Wildlife Refuge PR
Arthur R. Marshall Loxahatchee National Cache River National Wildlife Refuge AR
Wildlife Refuge FL Cahaba River National Wildlife Refuge AL
Ash Meadows National Wildlife Refuge NV Caloosahatchee National Wildlife Refuge FL
Assabet River National Wildlife Refuge MA Camas National Wildlife Refuge ID
Atchafalaya National Wildlife Refuge LA Cameron Prairie National Wildlife Refuge LA
Attwater Prairie Chicken National Wildlife Canaan Valley National Wildlife Refuge WV
Refuge TX Cape May National Wildlife Refuge NJ
Audubon National Wildlife Refuge ND Cape Meares National Wildlife Refuge OR
Back Bay National Wildlife Refuge VA Cape Romain National Wildlife Refuge SC
Baker Island National Wildlife Refuge HI Carlton Pond Waterfowl Production Area ME
Balcones Canyonlands National Wildlife Refuge TX Carolina Sandhills National Wildlife Refuge SC
Bald Knob National Wildlife Refuge AR Castle Rock National Wildlife Refuge CA
Bamforth National Wildlife Refuge WY Cat Island National Wildlife Refuge LA
Bandon Marsh National Wildlife Refuge OR Catahoula National Wildlife Refuge LA
Banks Lake National Wildlife Refuge GA Cedar Island National Wildlife Refuge NC
Baskett Slough National Wildlife Refuge OR Cedar Keys National Wildlife Refuge FL
Bayou Cocodrie National Wildlife Refuge LA Cedar Point National Wildlife Refuge OH
Bayou Sauvage National Wildlife Refuge LA Charles M. Russell National Wildlife Refuge MT
Bayou Teche National Wildlife Refuge LA Chase Lake National Wildlife Refuge ND
Bear Lake National Wildlife Refuge ID Chassahowitzka National Wildlife Refuge FL
Bear River Migratory Bird Refuge UT Chautauqua National Wildlife Refuge IL
Bear Valley National Wildlife Refuge OR Chickasaw National Wildlife Refuge TN
Becharof National Wildlife Refuge AK Chincoteague National Wildlife Refuge VA
Benton Lake National Wildlife Refuge MT Choctaw National Wildlife Refuge AL
Benton Lake Wetland Management District MT Cibola National Wildlife Refuge AZ
Big Boggy National Wildlife Refuge TX Clarence Cannon National Wildlife Refuge MO
Big Branch Marsh National Wildlife Refuge LA Clarks River National Wildlife Refuge KY
Big Lake National Wildlife Refuge AR Clear Lake National Wildlife Refuge CA
Big Muddy National Fish & Wildlife Refuge MO Coachella Valley National Wildlife Refuge CA
Big Oaks National Wildlife Refuge IN Cokeville Meadows National Wildlife Refuge WY
Big Stone National Wildlife Refuge MN Cold Springs National Wildlife Refuge OR
Big Stone Wetland Management District MN Coldwater River National Wildlife Refuge MS
Bill Williams River National Wildlife Refuge AZ Columbia National Wildlife Refuge WA
Bitter Creek National Wildlife Refuge CA Colusa National Wildlife Refuge CA
Bitter Lake National Wildlife Refuge NM Conboy Lake National Wildlife Refuge WA
Black Bayou Lake National Wildlife Refuge LA Conscience Point National Wildlife Refuge NY
Blackbeard Island National Wildlife Refuge GA Copalis National Wildlife Refuge WA
Blackwater National Wildlife Refuge MD Crab Orchard National Wildlife Refuge IL
Block Island National Wildlife Refuge RI Crane Meadows National Wildlife Refuge MN
Blue Ridge National Wildlife Refuge CA Crescent Lake National Wildlife Refuge NE
Bogue Chitto National Wildlife Refuge LA Crocodile Lake National Wildlife Refuge FL
Bombay Hook National Wildlife Refuge DE Cross Creeks National Wildlife Refuge TN
Bon Secour National Wildlife Refuge AL Cross Island National Wildlife Refuge ME

133

Vessel General Permit (VGP)

Crystal River National Wildlife Refuge FL Grays Lake National Wildlife Refuge ID
Currituck National Wildlife Refuge NC Great Bay National Wildlife Refuge NH
Cypress Creek National Wildlife Refuge IL Great Dismal Swamp National Wildlife Refuge VA
Dahomey National Wildlife Refuge MS Great Meadows National Wildlife Refuge MA
D'Arbonne National Wildlife Refuge LA Great River National Wildlife Refuge MO
Deep Fork National Wildlife Refuge OK Great Swamp National Wildlife Refuge NJ
Deer Flat National Wildlife Refuge ID Great White Heron National Wildlife Refuge FL
Delevan National Wildlife Refuge CA Green Bay National Wildlife Refuge WI
Delta National Wildlife Refuge LA Green Cay National Wildlife Refuge VI
Des Lacs National Wildlife Refuge ND Grulla National Wildlife Refuge TX
Desecheo National Wildlife Refuge PR Guadalupe-Nipomo Dunes National Wildlife
Desert National Wildlife Range NV Refuge CA
DeSoto National Wildlife Refuge IA Guam National Wildlife Refuge GU
Detroit Lakes Wetland Management District MN Hagerman National Wildlife Refuge TX
Detroit River International Wildlife Refuge MI Hakalau Forest National Wildlife Refuge HI
Devils Lake Wetland Management District ND Halfbreed Lake National Wildlife Refuge MT
Don Edwards San Francisco Bay National Hamden Slough National Wildlife Refuge MN
Wildlife Refuge CA Hanalei National Wildlife Refuge HI
Driftless Area National Wildlife Refuge IA Handy Brake National Wildlife Refuge LA
Dungeness National Wildlife Refuge WA Harbor Island National Wildlife Refuge MI
Eastern Neck National Wildlife Refuge MD Harris Neck National Wildlife Refuge GA
Eastern Shore Of Virginia National Wildlife Hart Mountain National Antelope Range OR
Refuge VA Hatchie National Wildlife Refuge TN
Edwin B. Forsythe National Wildlife Refuge NJ Havasu National Wildlife Refuge CA
Egmont Key National Wildlife Refuge FL Hawaiian Islands National Wildlife Refuge HI
Elizabeth A. Morton National Wildlife Refuge NY Hillside National Wildlife Refuge MS
Elizabeth Hartwell Mason Neck National Hobe Sound National Wildlife Refuge FL
Wildlife Refuge VA Holla Bend National Wildlife Refuge AR
Ellicott Slough National Wildlife Refuge CA Holt Collier National Wildlife Refuge MS
Emiquon National Wildlife Refuge IL Hopper Mountain National Wildlife Refuge CA
Erie National Wildlife Refuge PA Horicon National Wildlife Refuge WI
Ernest F. Hollings ACE Basin National Wildlife Howland Island National Wildlife Refuge HI
Refuge SC Huleia National Wildlife Refuge HI
Eufaula National Wildlife Refuge AL Humboldt Bay National Wildlife Refuge CA
Fallon National Wildlife Refuge NV Huron National Wildlife Refuge MI
Farallon National Wildlife Refuge CA Huron Wetland Management District SD
Featherstone National Wildlife Refuge VA Hutton Lake National Wildlife Refuge WY
Felsenthal National Wildlife Refuge AR Imperial National Wildlife Refuge AZ
Fergus Falls Wetland Management District MN Innoko National Wildlife Refuge AK
Fern Cave National Wildlife Refuge AL Iowa Wetland Management District IA
Fish Springs National Wildlife Refuge UT Iroquois National Wildlife Refuge NY
Fisherman Island National Wildlife Refuge VA Island Bay National Wildlife Refuge FL
Flattery Rocks National Wildlife Refuge WA Izembek National Wildlife Refuge AK
Flint Hills National Wildlife Refuge KS J. Clark Salyer National Wildlife Refuge ND
Florence Lake National Wildlife Refuge ND J. Clark Salyer Wetland Management District ND
Florida Panther National Wildlife Refuge FL J.N. Ding Darling National Wildlife Refuge FL
Fort Niobrara National Wildlife Refuge NE James Campbell National Wildlife Refuge HI
Fox River National Wildlife Refuge WI James River National Wildlife Refuge VA
Franklin Island National Wildlife Refuge ME Jarvis Island National Wildlife Refuge HI
Franz Lake National Wildlife Refuge WA John H. Chafee National Wildlife Refuge RI
Glacial Ridge National Wildlife Refuge MN John Hay National Wildlife Refuge NH
Grand Bay National Wildlife Refuge MS John Heinz at Tinicum National Wildlife Refuge PA
Grand Cote National Wildlife Refuge LA John W. and Louise Seier National Wildlife
Grasslands Wildlife Management Area CA Refuge NE
Gravel Island National Wildlife Refuge WI Johnston Island National Wildlife Refuge HI
Grays Harbor National Wildlife Refuge WA

134

Vessel General Permit (VGP)

Julia Butler Hansen Refuge for the Columbian Maine Coastal Islands National Wildlife Refuge ME
White-Tailed Deer WA Malheur National Wildlife Refuge OR
Kakahaia National Wildlife Refuge HI Mandalay National Wildlife Refuge LA
Kanuti National Wildlife Refuge AK Marais des Cygnes National Wildlife Refuge KS
Karl E. Mundt National Wildlife Refuge SD Marin Islands National Wildlife Refuge CA
Kealia Pond National Wildlife Refuge HI Martin National Wildlife Refuge MD
Kellys Slough National Wildlife Refuge ND Mashpee National Wildlife Refuge MA
Kenai National Wildlife Refuge AK Massasoit National Wildlife Refuge MA
Kern National Wildlife Refuge CA Mathews Brake National Wildlife Refuge MS
Kesterton National Wildlife Refuge CA Matlacha Pass National Wildlife Refuge FL
Key Cave National Wildlife Refuge AL Mattamuskeet National Wildlife Refuge NC
Key West National Wildlife Refuge FL Maxwell National Wildlife Refuge NM
Kilauea Point National Wildlife Refuge HI McFaddin National Wildlife Refuge TX
Kingman Reef National Wildlife Refuge HI McKay Creek National Wildlife Refuge OR
Kirtlands Warbler Wildlife Management Area MI McNary National Wildlife Refuge WA
Kirwin National Wildlife Refuge KS Medicine Lake National Wildlife Refuge MT
Klamath Marsh National Wildlife Refuge OR Merced National Wildlife Refuge CA
Kodiak National Wildlife Refuge AK Meredosia National Wildlife Refuge IL
Kofa National Wildlife Refuge AZ Merritt Island National Wildlife Refuge FL
Kootenai National Wildlife Refuge ID Michigan Wetland Management District MI
Koyukuk National Wildlife Refuge AK Michigan Islands National Wildlife Refuge MI
Kulm Wetland Management District ND Middle Mississippi River National Wildlife
Lacassine National Wildlife Refuge LA Refuge IL
Lacreek National Wildlife Refuge SD Midway Atoll National Wildlife Refuge HI
Laguna Atascosa National Wildlife Refuge TX Mille Lacs National Wildlife Refuge MN
Laguna Cartagena National Wildlife Refuge PR Mingo National Wildlife Refuge MO
Lake Alice National Wildlife Refuge ND Minidoka National Wildlife Refuge ID
Lake Andes National Wildlife Refuge SD Minnesota Valley National Wildlife Refuge MN
Lake Ilo National Wildlife Refuge ND Minnesota Valley Wetland Management District MN
Lake Isom National Wildlife Refuge TN Missisquoi National Wildlife Refuge VT
Lake Mason National Wildlife Refuge MT Mississippi Sandhill Crane National Wildlife
Lake Ophelia National Wildlife Refuge LA Refuge MS
Lake Umbagog National Wildlife Refuge NH Moapa Valley National Wildlife Refuge NV
Lake Wales Ridge National Wildlife Refuge FL Modoc National Wildlife Refuge CA
Lake Woodruff National Wildlife Refuge FL Monomoy National Wildlife Refuge MA
Lake Zahl National Wildlife Refuge ND Monte Vista National Wildlife Refuge CO
Las Vegas National Wildlife Refuge NM Montezuma National Wildlife Refuge NY
Lee Metcalf National Wildlife Refuge MT Moosehorn National Wildlife Refuge ME
Leopold Wetland Management District WI Morgan Brake National Wildlife Refuge MS
Leslie Canyon National Wildlife Refuge AZ Morris Wetland Management District MN
Lewis and Clark National Wildlife Refuge WA Mortenson Lake National Wildlife Refuge WY
Litchfield Wetland Management District MN Mountain Longleaf National Wildlife Refuge AL
Little Pend Oreille National Wildlife Refuge WA Muleshoe National Wildlife Refuge TX
Little River National Wildlife Refuge OK Muscatatuck National Wildlife Refuge IN
Logan Cave National Wildlife Refuge AR Nansemond National Wildlife Refuge VA
Long Lake National Wildlife Refuge ND Nantucket National Wildlife Refuge MA
Lost Trail National Wildlife Refuge MT National Bison Range MT
Lostwood National Wildlife Refuge ND National Elk Refuge WY
Louisiana Wetland Management District LA National Key Deer Refuge FL
Lower Hatchie National Wildlife Refuge TN Navassa Island National Wildlife Refuge PR
Lower Klamath National Wildlife Refuge CA Neal Smith National Wildlife Refuge IA
Lower Rio Grande Valley National Wildlife Necedah National Wildlife Refuge WI
Refuge TX Nestucca Bay National Wildlife Refuge OR
Lower Suwannee National Wildlife Refuge FL Ninigret National Wildlife Refuge RI
Mackay Island National Wildlife Refuge NC Nisqually National Wildlife Refuge WA
Madison Wetland Management District SD Nomans Land Island National Wildlife Refuge MA

135

Vessel General Permit (VGP)

North Central Valley Wildlife Management Area CA Red River National Wildlife Refuge LA
North Platte National Wildlife Refuge NE Red Rock Lakes National Wildlife Refuge MT
Northern Tallgrass Prairie National Wildlife Reelfoot National Wildlife Refuge TN
Refuge MN Rice Lake National Wildlife Refuge MN
Northwest Montana Wetland Management Ridgefield National Wildlife Refuge WA
District MT Roanoke River National Wildlife Refuge NC
Nowitna National Wildlife Refuge AK Rocky Flats National Wildlife Refuge CO
Noxubee National Wildlife Refuge MS Rocky Mountain Arsenal National Wildlife
Oahu Forest National Wildlife Refuge HI Refuge CO
Occoquan Bay National Wildlife Refuge VA Rose Atoll National Wildlife Refuge HI
Ohio River Islands National Wildlife Refuge WV Ruby Lake National Wildlife Refuge NV
Okefenokee National Wildlife Refuge GA Rydell National Wildlife Refuge MN
Optima National Wildlife Refuge OK Sabine National Wildlife Refuge LA
Oregon Islands National Wildlife Refuge OR Sachuest Point National Wildlife Refuge RI
Ottawa National Wildlife Refuge OH Sacramento National Wildlife Refuge CA
Ouray National Wildlife Refuge UT Sacramento River National Wildlife Refuge CA
Overflow National Wildlife Refuge AR Saddle Mountain National Wildlife Refuge WA
Oxbow National Wildlife Refuge MA Salinas River National Wildlife Refuge CA
Oxford Slough Waterfowl Production Area ID Salt Plains National Wildlife Refuge OK
Oyster Bay National Wildlife Refuge NY San Andres National Wildlife Refuge NM
Ozark Cavefish National Wildlife Refuge MO San Bernard National Wildlife Refuge TX
Ozark Plateau National Wildlife Refuge OK San Bernardino National Wildlife Refuge AZ
Pahranagat National Wildlife Refuge NV San Diego National Wildlife Refuge CA
Palmyra Atoll National Wildlife Refuge HI San Diego Bay National Wildlife Refuge CA
Panther Swamp National Wildlife Refuge MS San Joaquin River National Wildlife Refuge CA
Parker River National Wildlife Refuge MA San Juan Islands National Wildlife Refuge WA
Passage Key National Wildlife Refuge FL San Luis National Wildlife Refuge CA
Pathfinder National Wildlife Refuge WY San Pablo Bay National Wildlife Refuge CA
Patoka River National Wildlife Refuge and Sand Lake National Wildlife Refuge SD
Wildlife Management Area IN Sandy Point National Wildlife Refuge VI
Patuxent Research Refuge MD Santa Ana National Wildlife Refuge TX
Pea Island National Wildlife Refuge NC Santee National Wildlife Refuge SC
Pearl Harbor National Wildlife Refuge HI Sauta Cave National Wildlife Refuge AL
Pee Dee National Wildlife Refuge NC Savannah National Wildlife Refuge SC
Pelican Island National Wildlife Refuge FL Seal Beach National Wildlife Refuge CA
Piedmont National Wildlife Refuge GA Seal Island National Wildlife Refuge ME
Pierce National Wildlife Refuge WA Seatuck National Wildlife Refuge NY
Pilot Knob National Wildlife Refuge MO Seedskadee National Wildlife Refuge WY
Pinckney Island National Wildlife Refuge GA Selawik National Wildlife Refuge AK
Pine Island National Wildlife Refuge FL Seney National Wildlife Refuge MI
Pinellas National Wildlife Refuge FL Sequoyah National Wildlife Refuge OK
Pixley National Wildlife Refuge CA Sevilleta National Wildlife Refuge NM
Plum Tree Island National Wildlife Refuge VA Shawangunk Grasslands National Wildlife
Pocosin Lakes National Wildlife Refuge NC Refuge NY
Pond Creek National Wildlife Refuge AR Sheldon National Wildlife Refuge NV
Pond Island National Wildlife Refuge ME Shell Keys National Wildlife Refuge LA
Port Louisa National Wildlife Refuge IA Sherburne National Wildlife Refuge MN
Presquile National Wildlife Refuge VA Shiawassee National Wildlife Refuge MI
Prime Hook National Wildlife Refuge DE Siletz Bay National Wildlife Refuge OR
Protection Island National Wildlife Refuge WA Silvio O. Conte National Fish & Wildlife Refuge MA
Quillayute Needles National Wildlife Refuge WA Slade National Wildlife Refuge ND
Quivira National Wildlife Refuge KS Sonny Bono Salton Sea National Wildlife
Rachel Carson National Wildlife Refuge ME Refuge CA
Rainwater Basin Wetland Management District NE Squaw Creek National Wildlife Refuge MO
Rappahannock River Valley National Wildlife St. Catherine Creek National Wildlife Refuge MS
Refuge VA St. Croix Wetland Management District WI

136

Vessel General Permit (VGP)

St. Johns National Wildlife Refuge FL UL Bend National Wildlife Refuge MT


St. Marks National Wildlife Refuge FL Umatilla National Wildlife Refuge OR
St. Vincent National Wildlife Refuge FL Union Slough National Wildlife Refuge IA
Steigerwald Lake National Wildlife Refuge WA Upper Klamath National Wildlife Refuge OR
Stewart B. McKinney National Wildlife Refuge CT Upper Mississippi River National Wildlife &
Stillwater National Wildlife Refuge NV
Fish Refuge MN
Stone Lakes National Wildlife Refuge CA
Upper Ouachita National Wildlife Refuge LA
Sullys Hill National Game Preserve ND
Upper Souris National Wildlife Refuge ND
Sunkhaze Meadows National Wildlife Refuge ME
Valentine National Wildlife Refuge NE
Supawna Meadows National Wildlife Refuge NJ
Valley City Wetland Management District ND
Susquehanna River National Wildlife Refuge MD
Vieques National Wildlife Refuge PR
Sutter National Wildlife Refuge CA
Waccamaw National Wildlife Refuge SC
Swan Lake National Wildlife Refuge MO
Wallkill River National Wildlife Refuge NJ
Swanquarter National Wildlife Refuge NC
Wallops Island National Wildlife Refuge VA
Tallahatchie National Wildlife Refuge MS
Wapack National Wildlife Refuge NH
Tamarac National Wildlife Refuge MN
Wapanocca National Wildlife Refuge AR
Target Rock National Wildlife Refuge NY
War Horse National Wildlife Refuge MT
Ten Thousand Islands National Wildlife Refuge FL Washita National Wildlife Refuge OK
Tennessee National Wildlife Refuge TN Wassaw National Wildlife Refuge GA
Tensas River National Wildlife Refuge LA Watercress Darter National Wildlife Refuge AL
Tetlin National Wildlife Refuge AK Waubay National Wildlife Refuge SD
Tewaukon National Wildlife Refuge ND Waubay Wetland Management District SD
Texas Point National Wildlife Refuge TX Wertheim National Wildlife Refuge NY
Thacher Island National Wildlife Refuge MA West Sister Island National Wildlife Refuge OH
Theodore Roosevelt National Wildlife Refuge MS Wheeler National Wildlife Refuge AL
Three Arch Rocks National Wildlife Refuge OR
White River National Wildlife Refuge AR
Tijuana Slough National Wildlife Refuge CA
Whittlesey Creek National Wildlife Refuge WI
Tishomingo National Wildlife Refuge OK
Wichita Mountains Wildlife Refuge OK
Togiak National Wildlife Refuge AK
Willapa National Wildlife Refuge WA
Toppenish National Wildlife Refuge WA
William L. Finley National Wildlife Refuge OR
Trempealeau National Wildlife Refuge WI
Willow Creek-Lurline Wildlife Management
Trinity River National Wildlife Refuge TX
Area CA
Trustom Pond National Wildlife Refuge RI
Windom Wetland Management District MN
Tualatin River National Wildlife Refuge OR
Wolf Island National Wildlife Refuge GA
Tule Lake National Wildlife Refuge CA
Yazoo National Wildlife Refuge MS
Turnbull National Wildlife Refuge WA
Yukon Delta National Wildlife Refuge AK
Two Ponds National Wildlife Refuge CO
Yukon Flats National Wildlife Refuge AK
Two Rivers National Wildlife Refuge IL

Tybee National Wildlife Refuge SC

12.1.4 National Wilderness Areas


Alabama
Cheaha Wilderness Dugger Mountain Wilderness Sipsey Wilderness
Alaska
Aleutian Islands Wilderness Karta River Wilderness Saint Lazaria Wilderness
Andreafsky Wilderness Katmai Wilderness Selawik Wilderness
Becharof Wilderness Kenai Wilderness Semidi Wilderness
Bering Sea Wilderness Kobuk Valley Wilderness Simeonof Wilderness
Bogoslof Wilderness Kootznoowoo Wilderness South Baranof Wilderness
Chamisso Wilderness Koyukuk Wilderness South Etolin Wilderness
Chuck River Wilderness Kuiu Wilderness South Prince of Wales Wilderness
Coronation Island Wilderness Lake Clark Wilderness Stikine-LeConte Wilderness
Denali Wilderness Maurille Islands Wilderness Tebenkof Bay Wilderness

137

Vessel General Permit (VGP)

Endicott River Wilderness Misty Fjords National Monument Togiak Wilderness


Forrester Island Wilderness Wilderness Tracy Arm-Fords Terror
Gates of the Arctic Wilderness Mollie Beattie Wilderness Wilderness
Glacier Bay Wilderness Noatak Wilderness Tuxedni Wilderness
Hazy Islands Wilderness Nunivak Wilderness Unimak Wilderness
Innoko Wilderness Petersburg Creek-Duncan Salt Warren Island Wilderness
Izembek Wilderness Chuck Wilderness West Chichagof-Yakobi
Pleasant/Lemusurier/Inian Islands Wilderness
Wilderness Wrangell-Saint Elias Wilderness
Russell Fjord Wilderness
Arizona
Apache Creek Wilderness Hells Canyon Wilderness Pine Mountain Wilderness
Aravaipa Canyon Wilderness Hellsgate Wilderness Pusch Ridge Wilderness
Arrastra Mountain Wilderness Hummingbird Springs Wilderness Rawhide Mountains Wilderness
Aubrey Peak Wilderness Imperial Refuge Wilderness Red Rock-Secret Mountain
Baboquivari Peak Wilderness Juniper Mesa Wilderness Wilderness
Bear Wallow Wilderness Kachina Peaks Wilderness Redfield Canyon Wilderness
Beaver Dam Mountains Kanab Creek Wilderness Rincon Mountain Wilderness
Wilderness Kendrick Mountain Wilderness Saddle Mountain Wilderness
Big Horn Mountains Wilderness Kofa Wilderness Saguaro Wilderness
Cabeza Prieta Wilderness Mazatzal Wilderness Salome Wilderness
Castle Creek Wilderness Miller Peak Wilderness Salt River Canyon Wilderness
Cedar Bench Wilderness Mount Baldy Wilderness Santa Teresa Wilderness
Chiricahua National Monument Mount Logan Wilderness Sierra Ancha Wilderness
Wilderness Mount Nutt Wilderness Sierra Estrella Wilderness
Chiricahua Wilderness Mount Tipton Wilderness Signal Mountain Wilderness
Cottonwood Point Wilderness Mount Trumbull Wilderness South Maricopa Mountains
Coyote Mountains Wilderness Mount Wilson Wilderness Wilderness
Dos Cabezas Mountains Mt. Wrightson Wilderness Strawberry Crater Wilderness
Wilderness Muggins Mountain Wilderness Superstition Wilderness
Eagletail Mountains Wilderness Munds Mountain Wilderness Swansea Wilderness
East Cactus Plain Wilderness Needle's Eye Wilderness Sycamore Canyon Wilderness
Escudilla Wilderness New Water Mountains Wilderness Table Top Wilderness
Fishhooks Wilderness North Maricopa Mountains Tres Alamos Wilderness
Fossil Springs Wilderness Wilderness Trigo Mountain Wilderness
Four Peaks Wilderness North Santa Teresa Wilderness Upper Burro Creek Wilderness
Galiuro Wilderness Organ Pipe Cactus Wilderness Wabayuma Peak Wilderness
Gibraltar Mountain Wilderness Paiute Wilderness Warm Springs Wilderness
Grand Wash Cliffs Wilderness Pajarita Wilderness West Clear Creek Wilderness
Granite Mountain Wilderness Paria Canyon-Vermilion Cliffs Wet Beaver Wilderness
Harcuvar Mountains Wilderness Wilderness White Canyon Wilderness
Harquahala Mountains Wilderness Peloncillo Mountains Wilderness Woodchute Wilderness
Hassayampa River Canyon Petrified Forest National Woolsey Peak Wilderness
Wilderness Wilderness Area
Havasu Wilderness
Arkansas
Big Lake Wilderness Dry Creek Wilderness Leatherwood Wilderness
Black Fork Mountain Wilderness East Fork Wilderness Poteau Mountain Wilderness
Buffalo National River Flatside Wilderness Richland Creek Wilderness
Wilderness Hurricane Creek Wilderness Upper Buffalo Wilderness
Caney Creek Wilderness

138
Vessel General Permit (VGP)

California
Agua Tibia Wilderness Hollow Hills Wilderness Pine Creek Wilderness
Ansel Adams Wilderness Hoover Wilderness Pinnacles Wilderness
Argus Range Wilderness Ibex Wilderness Piper Mountain Wilderness
Big Maria Mountains Wilderness Imperial Refuge Wilderness Piute Mountains Wilderness
Bigelow Cholla Garden Indian Pass Wilderness Red Buttes Wilderness
Wilderness Inyo Mountains Wilderness Resting Spring Range Wilderness
Bighorn Mountain Wilderness Ishi Wilderness Rice Valley Wilderness
Black Mountain Wilderness Jacumba Wilderness Riverside Mountains Wilderness
Bright Star Wilderness Jennie Lakes Wilderness Rodman Mountains Wilderness
Bristol Mountains Wilderness John Muir Wilderness Russian Wilderness
Bucks Lake Wilderness Joshua Tree Wilderness Sacatar Trail Wilderness
Cache Creek Wilderness Kaiser Wilderness Saddle Peak Hills Wilderness
Cadiz Dunes Wilderness Kelso Dunes Wilderness San Gabriel Wilderness
Caribou Wilderness Kiavah Wilderness San Gorgonio Wilderness
Carrizo Gorge Wilderness King Range Wilderness San Jacinto Wilderness
Carson-Iceberg Wilderness Kingston Range Wilderness San Mateo Canyon Wilderness
Castle Crags Wilderness Lassen Volcanic Wilderness San Rafael Wilderness
Cedar Roughs Wilderness Lava Beds Wilderness Sanhedrin Wilderness
Chanchelulla Wilderness Little Chuckwalla Mountains Santa Lucia Wilderness
Chemehuevi Mountains Wilderness Santa Rosa Wilderness
Wilderness Little Picacho Wilderness Sawtooth Mountains Wilderness
Chimney Peak Wilderness Machesna Mountain Wilderness Sequoia-Kings Canyon
Chuckwalla Mountains Malpais Mesa Wilderness Wilderness
Wilderness Manly Peak Wilderness Sespe Wilderness
Chumash Wilderness Marble Mountain Wilderness Sheep Mountain Wilderness
Cleghorn Lakes Wilderness Matilija Wilderness Sheephole Valley Wilderness
Clipper Mountain Wilderness Mecca Hills Wilderness Silver Peak Wilderness
Coso Range Wilderness Mesquite Wilderness Siskiyou Wilderness
Coyote Mountains Wilderness Mojave Wilderness Snow Mountain Wilderness
Cucamonga Wilderness Mokelumne Wilderness South Fork Eel River Wilderness
Darwin Falls Wilderness Monarch Wilderness South Nopah Range Wilderness
Dead Mountains Wilderness Mount Lassic Wilderness South Sierra Wilderness
Death Valley Wilderness Mt. Shasta Wilderness South Warner Wilderness
Desolation Wilderness Newberry Mountains Wilderness Stateline Wilderness
Dick Smith Wilderness Nopah Range Wilderness Stepladder Mountains Wilderness
Dinkey Lakes Wilderness North Algodones Dunes Surprise Canyon Wilderness
Domeland Wilderness Wilderness Sylvania Mountains Wilderness
El Paso Mountains Wilderness North Fork Wilderness Thousand Lakes Wilderness
Emigrant Wilderness North Mesquite Mountains Trilobite Wilderness
Farallon Wilderness Wilderness Trinity Alps Wilderness
Fish Creek Mountains Wilderness Old Woman Mountains Turtle Mountains Wilderness
Funeral Mountains Wilderness Wilderness Ventana Wilderness
Garcia Wilderness Orocopia Mountains Wilderness Whipple Mountains Wilderness
Golden Trout Wilderness Otay Mountain Wilderness Yolla Bolly-Middle Eel
Golden Valley Wilderness Owens Peak Wilderness Wilderness
Granite Chief Wilderness Pahrump Valley Wilderness Yosemite Wilderness
Grass Valley Wilderness Palen/McCoy Wilderness Yuki Wilderness
Hauser Wilderness Palo Verde Mountains Wilderness
Havasu Wilderness Phillip Burton Wilderness
Picacho Peak Wilderness

139
Vessel General Permit (VGP)

Colorado
Black Canyon of the Gunnison Hunter-Fryingpan Wilderness Platte River Wilderness
Wilderness Indian Peaks Wilderness Powderhorn Wilderness
Black Ridge Canyons Wilderness James Peak Wilderness Ptarmigan Peak Wilderness
Buffalo Peaks Wilderness La Garita Wilderness Raggeds Wilderness
Byers Peak Wilderness Lizard Head Wilderness Rawah Wilderness
Cache La Poudre Wilderness Lost Creek Wilderness Sangre de Cristo Wilderness
Collegiate Peaks Wilderness Maroon Bells-Snowmass Sarvis Creek Wilderness
Comanche Peak Wilderness Wilderness South San Juan Wilderness
Eagles Nest Wilderness Mesa Verde Wilderness Spanish Peaks Wilderness
Flat Tops Wilderness Mount Evans Wilderness Uncompahgre Wilderness
Fossil Ridge Wilderness Mount Massive Wilderness Vasquez Peak Wilderness
Great Sand Dunes Wilderness Mount Sneffels Wilderness Weminuche Wilderness
Greenhorn Mountain Wilderness Mount Zirkel Wilderness West Elk Wilderness
Gunnison Gorge Wilderness Neota Wilderness
Holy Cross Wilderness Never Summer Wilderness

Florida
Alexander Springs Wilderness Florida Keys Wilderness Marjory Stoneman Douglas
Big Gum Swamp Wilderness Island Bay Wilderness Wilderness
Billies Bay Wilderness J.N. "Ding" Darling Wilderness Mud Swamp/New River
Bradwell Bay Wilderness Juniper Prairie Wilderness Wilderness
Cedar Keys Wilderness Lake Woodruff Wilderness Passage Key Wilderness
Chassahowitzka Wilderness Little Lake George Wilderness Pelican Island Wilderness
St. Marks Wilderness

Georgia
Big Frog Wilderness Cumberland Island Wilderness Rich Mountain Wilderness
Blackbeard Island Wilderness Ellicott Rock Wilderness Southern Nantahala Wilderness
Blood Mountain Wilderness Mark Trail Wilderness Tray Mountain Wilderness
Brasstown Wilderness Okefenokee Wilderness Wolf Island Wilderness
Cohutta Wilderness Raven Cliffs Wilderness

Hawaii
Haleakala Wilderness Hawaii Volcanoes Wilderness

Idaho
Craters of the Moon National Gospel-Hump Wilderness Sawtooth Wilderness
Wilderness Area Hells Canyon Wilderness Selway-Bitterroot Wilderness
Frank Church-River of No Return
Wilderness

Illinois
Bald Knob Wilderness Clear Springs Wilderness Lusk Creek Wilderness
Bay Creek Wilderness Crab Orchard Wilderness Panther Den Wilderness
Burden Falls Wilderness Garden of the Gods Wilderness

Indiana
Charles C. Deam Wilderness

Kentucky
Beaver Creek Wilderness Clifty Wilderness

140
Vessel General Permit (VGP)

Louisiana
Breton Wilderness Kisatchie Hills Wilderness Lacassine Wilderness

Maine
Caribou-Speckled Mountain Moosehorn (Baring Unit) Moosehorn Wilderness
Wilderness Wilderness

Massachusetts
Monomoy Wilderness
Michigan
Big Island Lake Wilderness Mackinac Wilderness Round Island Wilderness
Delirium Wilderness McCormick Wilderness Seney Wilderness
Horseshoe Bay Wilderness Michigan Islands Wilderness Sturgeon River Gorge Wilderness
Huron Islands Wilderness Nordhouse Dunes Wilderness Sylvania Wilderness
Isle Royale Wilderness Rock River Canyon Wilderness

Minnesota
Agassiz Wilderness Boundary Waters Canoe Area Tamarac Wilderness
Wilderness

Mississippi
Black Creek Wilderness Gulf Islands Wilderness Leaf Wilderness

Missouri
Bell Mountain Wilderness Irish Wilderness Piney Creek Wilderness
Devils Backbone Wilderness Mingo Wilderness Rockpile Mountain Wilderness
Hercules-Glades Wilderness Paddy Creek Wilderness

Montana
Absaroka-Beartooth Wilderness Great Bear Wilderness Red Rock Lakes Wilderness
Anaconda Pintler Wilderness Lee Metcalf Wilderness Scapegoat Wilderness
Bob Marshall Wilderness Medicine Lake Wilderness Selway-Bitterroot Wilderness
Cabinet Mountains Wilderness Mission Mountains Wilderness UL Bend Wilderness
Gates of the Mountains Rattlesnake Wilderness Welcome Creek Wilderness
Wilderness

Nebraska
Fort Niobrara Wilderness Soldier Creek Wilderness

Nevada
Alta Toquima Wilderness High Rock Canyon Wilderness North McCullough Wilderness
Arc Dome Wilderness High Rock Lake Wilderness Pahute Peak Wilderness
Arrow Canyon Wilderness High Schells Wilderness Parsnip Peak Wilderness
Bald Mountain Wilderness Highland Ridge Wilderness Pinto Valley Wilderness
Becky Peak Wilderness Ireteba Peaks Wilderness Quinn Canyon Wilderness
Big Rocks Wilderness Jarbidge Wilderness Rainbow Mountain Wilderness
Black Canyon Wilderness Jimbilnan Wilderness Red Mountain Wilderness
Black Rock Desert Wilderness Jumbo Springs Wilderness Ruby Mountains Wilderness
Boundary Peak Wilderness La Madre Mountain Wilderness Santa Rosa-Paradise Peak
Bridge Canyon Wilderness Lime Canyon Wilderness Wilderness
Bristlecone Wilderness Little High Rock Canyon Shellback Wilderness
Calico Mountains Wilderness Wilderness South Egan Range Wilderness

141
Vessel General Permit (VGP)

Clover Mountains Wilderness Meadow Valley Range South Jackson Mountains


Currant Mountain Wilderness Wilderness Wilderness
Death Valley Wilderness Mormon Mountains Wilderness South McCullough Wilderness
Delamar Mountains Wilderness Mount Grafton Wilderness South Pahroc Range Wilderness
East Fork High Rock Canyon Mt. Charleston Wilderness Spirit Mountain Wilderness
Wilderness Mt. Irish Wilderness Table Mountain Wilderness
East Humboldts Wilderness Mt. Moriah Wilderness Tunnel Spring Wilderness
Eldorado Wilderness Mt. Rose Wilderness Wee Thump Joshua Tree
Far South Egans Wilderness Muddy Mountains Wilderness Wilderness
Fortification Range Wilderness Nellis Wash Wilderness Weepah Spring Wilderness
Goshute Canyon Wilderness North Black Rock Range White Pine Range Wilderness
Government Peak Wilderness Wilderness White Rock Range Wilderness
Grant Range Wilderness North Jackson Mountains Worthington Mountains
Wilderness Wilderness

New Hampshire
Great Gulf Wilderness Presidential Range-Dry River Wild River Wilderness
Pemigewasset Wilderness Wilderness
Sandwich Range Wilderness

New Jersey
Brigantine Wilderness Great Swamp National Wildlife
Refuge Wilderness

New Mexico
Aldo Leopold Wilderness Cebolla Wilderness Pecos Wilderness
Apache Kid Wilderness Chama River Canyon Wilderness Salt Creek Wilderness
Bandelier Wilderness Cruces Basin Wilderness San Pedro Parks Wilderness
Bisti/De-Na-Zin Wilderness Dome Wilderness Sandia Mountain Wilderness
Blue Range Wilderness Gila Wilderness West Malpais Wilderness
Bosque del Apache Wilderness Latir Peak Wilderness Wheeler Peak Wilderness
Capitan Mountains Wilderness Manzano Mountain Wilderness White Mountain Wilderness
Carlsbad Caverns Wilderness Ojito Wilderness Withington Wilderness

New York
Otis Pike Fire Island High Dune Wilderness
North Carolina
Birkhead Mountains Wilderness Linville Gorge Wilderness Sheep Ridge Wilderness
Catfish Lake South Wilderness Middle Prong Wilderness Shining Rock Wilderness
Ellicott Rock Wilderness Pocosin Wilderness Southern Nantahala Wilderness
Joyce Kilmer-Slickrock Pond Pine Wilderness Swanquarter Wilderness
Wilderness

North Dakota
Chase Lake Wilderness Lostwood Wilderness Theodore Roosevelt Wilderness

Ohio
West Sister Island Wilderness
Oklahoma
Black Fork Mountain Wilderness Upper Kiamichi River Wilderness Wichita Mountains Wilderness

142
Vessel General Permit (VGP)

Oregon
Badger Creek Wilderness Menagerie Wilderness Rock Creek Wilderness
Black Canyon Wilderness Middle Santiam Wilderness Rogue-Umpqua Divide
Boulder Creek Wilderness Mill Creek Wilderness Wilderness
Bridge Creek Wilderness Monument Rock Wilderness Salmon-Huckleberry Wilderness
Bull of the Woods Wilderness Mount Hood Wilderness Sky Lakes Wilderness
Cummins Creek Wilderness Mount Jefferson Wilderness Steens Mountain Wilderness
Diamond Peak Wilderness Mount Thielsen Wilderness Strawberry Mountain Wilderness
Drift Creek Wilderness Mount Washington Wilderness Table Rock Wilderness
Eagle Cap Wilderness Mountain Lakes Wilderness Three Arch Rocks Wilderness
Gearhart Mountain Wilderness North Fork John Day Wilderness Three Sisters Wilderness
Grassy Knob Wilderness North Fork Umatilla Wilderness Waldo Lake Wilderness
Hells Canyon Wilderness Opal Creek Wilderness Wenaha-Tucannon Wilderness
Kalmiopsis Wilderness Oregon Islands Wilderness Wild Rogue Wilderness
Mark O. Hatfield Wilderness Red Buttes Wilderness

Pennsylvania
Allegheny Islands Wilderness Hickory Creek Wilderness

Puerto Rico
El Toro Wilderness
South Carolina
Cape Romain Wilderness Hell Hole Bay Wilderness Wambaw Swamp Wilderness
Congaree National Park Little Wambaw Swamp
Wilderness Wilderness
Ellicott Rock Wilderness Wambaw Creek Wilderness

South Dakota
Badlands Wilderness Black Elk Wilderness

Tennessee
Bald River Gorge Wilderness Cohutta Wilderness Pond Mountain Wilderness
Big Frog Wilderness Gee Creek Wilderness Sampson Mountain Wilderness
Big Laurel Branch Wilderness Joyce Kilmer-Slickrock Unaka Mountain Wilderness
Citico Creek Wilderness Wilderness
Little Frog Mountain Wilderness

Texas
Big Slough Wilderness Indian Mounds Wilderness Turkey Hill Wilderness
Guadalupe Mountains Wilderness Little Lake Creek Wilderness Upland Island Wilderness

Utah
Ashdown Gorge Wilderness Deseret Peak Wilderness Mount Timpanogos Wilderness
Beaver Dam Mountains High Uintas Wilderness Paria Canyon-Vermilion Cliffs
Wilderness Lone Peak Wilderness Wilderness
Black Ridge Canyons Wilderness Mount Naomi Wilderness Pine Valley Mountain Wilderness
Box-Death Hollow Wilderness Mount Nebo Wilderness Twin Peaks Wilderness
Cedar Mountain Wilderness Area Mount Olympus Wilderness Wellsville Mountain Wilderness
Dark Canyon Wilderness

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Vermont
Big Branch Wilderness George D. Aiken Wilderness Lye Brook Wilderness

Breadloaf Wilderness Glastenbury Wilderness Peru Peak Wilderness

Bristol Cliffs Wilderness Joseph Battell Wilderness

Virginia
Barbours Creek Wilderness Little Wilson Creek Wilderness Rough Mountain Wilderness
Beartown Wilderness Mountain Lake Wilderness Saint Mary's Wilderness
James River Face Wilderness Peters Mountain Wilderness Shawvers Run Wilderness
Kimberling Creek Wilderness Priest Wilderness Shenandoah Wilderness
Lewis Fork Wilderness Ramseys Draft Wilderness Three Ridges Wilderness
Little Dry Run Wilderness Rich Hole Wilderness Thunder Ridge Wilderness

Washington
Alpine Lakes Wilderness Juniper Dunes Wilderness Salmo-Priest Wilderness
Boulder River Wilderness Lake Chelan-Sawtooth San Juan Wilderness
Buckhorn Wilderness Wilderness Stephen Mather Wilderness
Clearwater Wilderness Mount Adams Wilderness Tatoosh Wilderness
Colonel Bob Wilderness Mount Baker Wilderness The Brothers Wilderness
Glacier Peak Wilderness Mount Rainier Wilderness Trapper Creek Wilderness
Glacier View Wilderness Mount Skokomish Wilderness Washington Islands Wilderness
Goat Rocks Wilderness Noisy-Diobsud Wilderness Wenaha-Tucannon Wilderness
Henry M. Jackson Wilderness Norse Peak Wilderness William O. Douglas Wilderness
Indian Heaven Wilderness Olympic Wilderness Wonder Mountain Wilderness
Pasayten Wilderness

West Virginia
Cranberry Wilderness Laurel Fork North Wilderness Mountain Lake Wilderness
Dolly Sods Wilderness Laurel Fork South Wilderness Otter Creek Wilderness

Wisconsin
Blackjack Springs Wilderness Porcupine Lake Wilderness Wisconsin Islands Wilderness
Gaylord A. Nelson Wilderness Rainbow Lake Wilderness
Headwaters Wilderness Whisker Lake Wilderness

Wyoming
Absaroka-Beartooth Wilderness Gros Ventre Wilderness Popo Agie Wilderness
Bridger Wilderness Huston Park Wilderness Savage Run Wilderness
Cloud Peak Wilderness Jedediah Smith Wilderness Teton Wilderness
Encampment River Wilderness North Absaroka Wilderness Washakie Wilderness
Fitzpatrick Wilderness Platte River Wilderness Winegar Hole Wilderness

12.1.5 National Wild and Scenic Rivers

Alagnak, Alaska Au Sable, Michigan


Alatna, Alaska Bear Creek, Michigan
Allagash Wilderness Waterway, Maine Beaver Creek, Alaska
Allegheny, Pennsylvania Big and Little Darby Creeks, Ohio
American (Lower), California Big Marsh Creek, Oregon
Andreafsky, Alaska Big Piney Creek, Arkansas
Aniakchak, Alaska Big Sur, California

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Birch Creek, Alaska Imnaha, Oregon


Black Butte, California Indian, Michigan
Black Creek, Mississippi Ivishak, Alaska
Black, Michigan John Day, Oregon
Bluestone, West Virginia John, Alaska
Buffalo, Arkansas Joseph Creek, Oregon
Cache la Poudre, Colorado Kern, California
Carp, Michigan Kings, California
Charley, Alaska Klamath, California
Chattooga, Georgia, North and South Klickitat, Washington
Carolina Kobuk, Alaska
Chetco, Oregon Lamprey, New Hampshire
Chilikadrotna, Alaska Little Beaver, Ohio
Clackamas, Oregon Little Deschutes, Oregon
Clarion, Pennsylvania Little Miami, Ohio
Clarks Fork Yellowstone, Wyoming Little Missouri, Arkansas
Cossatot, Arkansas Lostine, Oregon
Crescent Creek, Oregon Loxahatchee, Florida
Crooked, Oregon Lumber, North Carolina
Delaware (Lower), New Jersey & Malheur, Oregon
Pennsylvania Manistee, Michigan
Delaware (Middle), New Jersey & Maurice, New Jersey
Pennsylvania McKenzie, Oregon
Delaware (Upper), New York & Merced, California
Pennsylvania Metolius, Oregon
Delta, Alaska Middle Fork Clearwater, Idaho
Deschutes, Oregon Middle Fork Salmon, Idaho
Donner und Blitzen, Oregon Middle Fork Vermilion, Illinois
Eagle Creek, Oregon Minam, Oregon
East Branch Tahquamenon, Michigan Missouri, Montana
East Fork Jemez, New Mexico Mulberry, Arkansas
Eel, California Mulchatna, Alaska
Eleven Point, Missouri Musconetcong, New Jersey
Elk, Oregon New, North Carolina
Elkhorn Creek, Oregon Niobrara, Nebraska
Farmington (West Branch), Noatak, Alaska
Connecticut North Fork American, California
Feather, California North Fork Crooked, Oregon
Flathead, Montana North Fork John Day, Oregon
Fortymile, Alaska North Fork Koyukuk, Alaska
Grande Ronde, Oregon North Fork Malheur, Oregon
Great Egg Harbor, New Jersey North Fork Middle Fork Willamette,
Gulkana, Alaska Oregon
Horsepasture, North Carolina North Fork Owyhee, Oregon
Hurricane Creek, Arkansas North Fork Smith, Oregon
Illinois, Oregon North Fork Sprague, Oregon

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Vessel General Permit (VGP)

North Powder, Oregon Snake, Idaho & Oregon


North Sylamore Creek, Arkansas South Fork John Day, Oregon
North Umpqua, Oregon Squaw Creek, Oregon
Nowitna, Alaska St. Croix (Lower) Minnesota &
Obed, Tennessee Wisconsin
Ontonagon, Michigan St. Croix (Lower), Minnesota &
Owyhee, Oregon Wisconsin
Paint, Michigan St. Croix, Minnesota & Wisconsin
Pecos, New Mexico Sturgeon, Michigan (Hiawatha
Pere Marquette, Michigan National Forest)
Pine, Michigan Sturgeon, Michigan (Ottawa National
Powder, Oregon Forest)
Presque Isle, Michigan Sudbury, Assabet, Concord,
Quartzville Creek, Oregon Massachusetts
Rapid, Idaho Sycan, Oregon
Red, Kentucky Tinayguk, Alaska
Richland Creek, Arkansas Tlikakila, Alaska
Rio Chama, New Mexico Trinity, California
Rio de la Mina, Puerto Rico Tuolumne, California
Rio Grande, New Mexico Unalakleet, Alaska
Rio Grande, Texas Upper Rogue, Oregon
Rio Icacos, Puerto Rico Verde, Arizona
Rio Mameyes, Puerto Rico Wallowa, Oregon
Roaring, Oregon Wekiva, Florida
Rogue, Oregon Wenaha, Oregon
Saint Joe, Idaho West Little Owyhee, Oregon
Saline Bayou, Louisiana Westfield, Massachusetts
Salmon, Alaska White Clay Creek, Delaware &
Salmon, Idaho Pennsylvania
Salmon, Oregon White Salmon, Washington
Sandy, Oregon White, Oregon
Selawik, Alaska Whitefish, Michigan
Sespe Creek, California Wildcat River, New Hampshire
Sheenjek, Alaska Wildhorse and Kiger Creeks, Oregon
Sipsey Fork West Fork, Alabama Wilson Creek, North Carolina
Sisquoc, California Wind, Alaska
Skagit, Washington Wolf, Wisconsin
Smith, California Yellow Dog, Michigan

12.1.6 Outstanding National Resource Water (ONRW) designated by a State or


Tribe

States have an obligation under the antidegradation policy of the Clean Water Act
to ensure that water quality is maintained and protected where "high quality waters
constitute an outstanding National resource, such as water of National and State parks
and wildlife refuges and waters of exceptional recreational or ecological significance." 40
CFR 131.12(a)(3).

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Vessel General Permit (VGP)

Water Resources Boards may designate certain waters, including wetlands, as


outstanding under state and federal law. When waters are designated, their existing water
quality shall, at a minimum, be protected and maintained. Because ONRWs are
designated by each state, permittees should consult state water quality management
agencies to determine if ONRWs exist in the area where they may operate their vessel.

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Vessel General Permit (VGP)

13. Appendix H – One Time Report.

EPA United States Environmental Protection Agency


Washington, DC 20460 Form Approved OMB No.
One Time Report for Discharges Incidental to the Normal Operation 2040-0004
Of a Vessel under the NPDES Vessel General Permit

Commercial Vessel General Permit – One Time Permit Report

Date:
Owner Name and Address:
Operator Name and Address:

Vessel Name: Flag:

Vessel Gross Tonnage: GROSS TONS

Vessel Length: FEET / METERS (CIRCLE ONE)

Questions YES NO
1. Have all the monitoring conditions and visual inspection requirements in this YES NO
General Permit (Part 4 and Part 5 if applicable) that apply to your vessel been
met since the beginning of its coverage? If you answered “NO,” please check
which requirements were not met in the space provided below:

Routine inspections

Annual inspections

Analytical monitoring (if applicable)

Drydock inspection (if applicable)

Other (please explain)

2. Have any corrective actions required by this General Permit (Part 3 of this Permit) that apply
to your vessel been necessary since the beginning of its coverage?

None

1-5 corrective actions

6-10 corrective actions

11-20 corrective actions

21-30 corrective actions

More than 30 corrective actions

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Vessel General Permit (VGP)

3. Have modifications requiring new parts or the installation of new equipment YES NO
been made to your vessel since the beginning of its coverage under this General
Permit for the purpose of meeting the conditions or limitations (Part 3) of this
Permit? If you answered “YES,” then how many modifications have you made?

One
Two
Three or more
4. Have any standard operating procedures for your vessel been modified since YES NO
the beginning of its coverage under this General Permit for the purpose of
meeting the conditions or limitations? If you answered “YES,” then how many?

One
Two
Three or more
5. Have you conducted all the environmental training related to your vessel that
is required under this General Permit since the beginning of its coverage?
Required Training For Crew YES NO
Required Training For Passengers (if not applicable, leave blank) YES NO
6. Have you experienced any undue delays in operation of your vessel since the YES NO
beginning of its coverage under this General Permit that are directly the result of
compliance with the requirements of the Permit? If you answered “YES,” please
provide a brief description of each instance in the space provided below.

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Vessel General Permit (VGP)

14. Appendix I– Discharge Monitoring Report.

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Vessel General Permit (VGP)

15. Appendix J - Procedure for Whole Effluent Toxicity Testing of Ballast


Water
This appendix applies to any vessels subject to Part 5.8.1.2 of this permit.

15.1 Required Toxicity Testing

A. For all ships which discharge salt water ballast into salt water or fresh water environments, or
fresh water ballast into salt water environments, the testing for all ballast water biocides must
include the chronic WET testing contained within this section. The permittee must conduct tests
on at least 1 vertebrate, 1 invertebrate, and 1 plant of the species listed for each of the following
groups:

Group A:

• 7-day survival and growth test with silverside minnows (Menidia beryllina in EPA/821­
R-02-014),
OR
• 7-day survival and growth test with topsmelt (Atherinops affinis in EPA/600-R-95-136 ).

Group B:

• 7-day survival and growth test with a mysid (Americamysis bahia in EPA/821-R-02-014),
OR
• 7-day survival and growth test with a the Pacific mysid (Holmesimysis costata in

EPA/600-R-95-136),

OR
• 48-hour bivalve fertilization with the Mussel (Mytilus sp. in EPA/600-R-95-136) or
Oyster (Crassostrea gigas in EPA/600-R-95-136),
OR
• 1-hour fertilization with the Purple Urchin (S. pupuratus in EPA/600-R-95-136) or Sand
dollar (Dendraster excentricus in EPA/600-R-95-136).

Group C:

• 72-hour growth inhibition test with a marine diatom (Skeletonema costatum according to
ISO 10253),
OR
• 48-hour germination and germ-tube length test with the Giant kelp (Macrocystis pyrifera
in EPA/600-R-95-136).

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Vessel General Permit (VGP)

B. If you have not completed testing under Part A above, ships which discharge fresh water
ballast into fresh water environments (e.g. Lakers), the testing for all ballast water biocides must
include the following chronic WET testing:

• 7-day survival and growth test with fathead minnows (Pimephales promelas in EPA/821­
R-02-013)
• 7-day survival and reproduction test with a cladoceran (Ceriodaphnia dubia in EPA/821­
R-02-013)
• 96-hour growth inhibition test with the n algal species (Pseudokirchneriella subcapitata
(historically referred to as Selenastrum capricornutum) in EPA/821-R-02-013)

15.2 Testing and reporting instructions:

A. Definition of Whole Effluent Toxicity

Whole effluent toxicity measures the effect (e.g., mortality, reduced growth,
reproduction) to test organisms exposed to an effluent compared to control organisms. The goal
of the chronic test is to determine if an effluent contains toxic materials in chronically toxic
concentrations. In addition to mortality, these tests test help identify sublethal effects on test
organisms such as reduced reproduction and growth. Effect concentration (EC) is a point
estimate of the toxicant concentration (expressed as a percent) that would cause an observable
effect (e.g., death, reduced growth) in a given percent of test organisms, calculated from a
continuous model (e.g. Probit Model). EC25 is a point estimate of the toxicant concentration that
would cause an observable adverse effect in 25 percent of test organisms. Chronic test results
shall be reported in TUc, where TUc = 100/EC25. For a discharge evaluated for chronic toxicity,
toxicity is defined by an exceedance of this permit condition is defined by of a chronic toxicity
discharge value of 1.0 TUc as a monthly median or 1.6 TUc as a daily maximum. If the toxicity
of the treatment system results in a discharge which exceeds 1.0 TUc as a monthly median or 1.6
TUc as a daily maximum, EPA may require the owner/operator to cease discharging from the
treatment system until they obtain coverage under an individual NPDES permit.

B. General Test Instructions

Unless modified for reasons identified below, the effluent must be sampled and whole
effluent toxicity testing conducted according to methods at 40 CFR Part 136.3, Table 1A, or via
EPA/821-R-02-13, EPA/821-R-02/014, or EPA/600-R-95-136.

1. Biocide solutions should be stored in the dark at 8 ± 1ºC with minimal headspace.
The storage container should be made out of a substance to which the biocide
would not adsorb or react.
2. If the biocide concentration can be analyzed reliably in the toxicity testing lab,
then it should be done in one test chamber (or a surrogate) at each test
concentration at the beginning and end of the test. If it can't be measured reliably,

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then the concentrations should be assumed to be as prepared. If the concentration


cannot be easily measured, do not attempt Option 16.2.C, below.
3. 7-day chronic tests should be started with freshly prepared biocide solution and
renewed with biocide solution that is freshly prepared during the 7 days of the
test.
4. All samples of ballast water taken for testing shall be composites of at least 4 grab
samples, taken at approximately equal intervals during a ballast water discharge
event, and shall include water discharged near the beginning and near the end of
the discharge event.
5. Holding times from completion of sample collection until toxicity test initiation
shall not exceed 36 hours.

C. Quality Assurance

• A series of five dilutions and a control shall be tested. A dilution series of 12.5%, 25%,
50%, 62.5, and 100% from the ballast water treatment system shall be provided. These
will provide data that are comparable among the submissions.
• If organisms are not cultured in-house, concurrent testing with reference toxicants shall
be conducted. Where organisms are cultured in-house, monthly reference toxicant testing
is sufficient.
• If either the reference toxicant tests or the effluent tests do not meet all test acceptability
criteria as specified in the test methods manual, then the permittee must re-sample and re­
test within approximately 14 days or during the first discharge event upon reentering
waters subject to this permit, whichever is later.
• Reference toxicant tests shall be conducted using the same test conditions as effluent
toxicity tests (i.e., same test duration, etc.).
• Control and dilution water should be laboratory water, as described in the test methods
manual. If the dilution water used is different from the culture water, a second control
using culture water shall also be tested.
• When effluent monitoring frequencies for whole effluent toxicity and priority pollutants
are concurrent, then chemical analyses for priority pollutants shall be performed on a split
of the sample collected for whole effluent toxicity testing.

D. Reporting

Test reports must meet the reporting requirements in the EPA toxicity testing manuals
(EPA/821-R-02-13, EPA/821-R-02-014, or EPA/600-R-95-136), and describe test conditions
such as test chamber size, solution volume, temperature, dilution water source, exact test start
time, exact test end time, etc. Test reports must contain a readable copy of all hand-written bench
sheets. The bench sheets must include both the toxicological and water chemistry data for the
biocide tests. The bench sheets must contain actual counts (not percentages) in order to be
acceptable. Start counts must be clearly recorded on the bench sheet. The test report must include
computer printouts of test data and statistical analyses. Test organism source, age, and unusual
conditions must be reported. Each test report must contain a section where all deviations from

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Vessel General Permit (VGP)

test protocols must be accurately listed or the absence of such deviations noted. The results of
range-finding tests must also be included if they were used to determine the most sensitive
species prior to definitive testing.

15.3 Ballast Water Treatment System Options

The testing and report must support one of the two options below depending on the
nature of the treatment system and biocide. Performing more than one of the testing options
described below may make sense. A combined strategy, for example, could allow approval
conditions for biocide neutralization if discharge must happen earlier than the approved
minimum time needed for biocide degradation. Please anticipate all circumstances before
choosing one or more of the testing options:

A. Biocide Toxicity Testing to Demonstrate Zero Toxicity at Ballast Water Discharge

A convenient type of ballast water treatment system is one which uses a biocide which
begins as highly toxic and gradually becomes nontoxic due to volatilization, reaction, or
degradation during a voyage. The ship operator will not need to measure the biocide
concentration in the ballast water at discharge but will only need to document the biocide dose
and the time elapsed from treatment to discharge. Toxicity testing will be used to determine the
minimum time allowed between treatment and discharge. The steps in this determination are:

1) Determine a maximum biocide concentration which will be used.

2) Add the biocide to the water to be used as ballast up to that concentration and
hold under conditions that are as close as possible to actual use in a ballast tank.

3) These storage conditions would include 8 ± 1ºC in the dark.

4) The surface area to volume ratio of the storage container should be as small as
practical in order to resemble a ballast tank. The storage container should be made
out of a substance to which the biocide would not adsorb or react.

5) Separate toxicity tests must be conducted on each sample drawn from the storage
container every four hours over a 24-hour time period chosen so that the
estimated time for the disappearance of toxicity is near the end of the 24 hours.

6) A pretest may be needed to estimate the time for disappearance of biocide


toxicity. The pretest may also determine the most sensitive species so only that
species needs tested with all of the samples. Concentration series are not required
since a time series is the testing goal.

7) An alternate approach is to prepare separate volumes of biocide treated water at 4­


hour intervals and subsequently initiate all of the toxicity tests at the same time on
samples drawn from each volume.

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Vessel General Permit (VGP)

8) An example of an efficient method for the alternative approach is to setup a


schedule similar to the following:
i) Prepare biocide-treated water at 4:00, 8:00, 12:00, 16:00, and 20:00 on one day.
ii) At 16:00 on a subsequent day predicted to be the beginning of the last 24 hours of
toxicity, use the treated water prepared at 4:00, 8:00, 12:00, and 16:00 to start
tests.
iii) Start tests at 12:00 on the next day using the treated water prepared at 12:00,
16:00, and 20:00, and then do the daily renewals, etc. as soon as possible for the
tests begun on the first day.
iv) Conduct daily renewals, etc. at 14:00 for the duration of the testing.

2) Exercise caution in setting an alternative testing schedule so that the minimum time
needed before ballast water discharge is not overestimated and ship operators are not
needlessly inconvenienced.

3) The earliest sample to produce no statistically significant toxicity relative to a concurrent


control test will be the indicator of the minimum time needed before discharge.

B. Toxicity Testing to Verify Biocide Neutralization

Another type of ballast water treatment system that would be protective of the
environment is one which uses a biocide that would stay toxic during the voyage and could be
neutralized just prior to discharge. The neutralizing chemical might also have some toxicity but
this toxicity would be less than the toxicity of the biocide that it neutralizes. Toxicity testing
should focus on determining the margin between the concentration of the neutralizing chemical
which effectively eliminates biocide toxicity and the toxic threshold of the neutralizing chemical
itself. Any toxic reaction byproducts produced by the neutralization will be discovered during the
toxicity testing.

The general process is:

1) The 25% effect level is used by EPA as an estimate of the toxic threshold. The
IC25 should be used for continuous (e.g., growth, reproduction) and the EC25 for
quantal endpoints (e.g., survival, larval development, fertilization).

4) Once the toxicity testing has been done, then a plan must be written and submitted
describing how the neutralizing chemical will be used to be both effective in removing
biocide toxicity and stay below its toxic threshold.
i) If the toxic threshold is above the maximum concentration needed to neutralize
the biocide, then monitoring of the chemical dosing relative to the ballast water
discharge volume should be adequate to demonstrate maintenance of the safety
margin.
ii) If the toxic threshold is below the maximum concentration needed to neutralize
the biocide, then a removal or reaction rate needs determined for relevant
concentrations of both the neutralizing chemical and biocide. Careful monitoring
of neutralizing chemical dosing relative to biocide dosing will be needed for
maintaining environmental safety.

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Vessel General Permit (VGP)

iii) If the concentration of the biocide and neutralizing chemical can be reliably
measured onboard on a routine basis, chemical monitoring can be used for
demonstrating safety when the threshold is below the maximum concentration. A
small residual of neutralizing chemical can be an indication of effective biocide
removal.

15.4 Approval and Exceptions

If the WET option set forth in Section 5.8.1.2 is chosen, the permittee must submit the
results of the initial testing and an explanation of the appropriate methods of ballast water
treatment to EPA at the address specified in Part 5.8.3 of this permit.

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