David Davenport-Jones Director, Marine Technology & Business Development

London

12-13 March 2013

Ballast Water Management in the USA

CHEMICAL & PRODUCT TANKER CONFERENCE

2

Ballast Water Management in the USA

Introduction

Ballast Water Regulatory Regime

USCG Regulatory Developments

Environmental Protection Agency Perspective

State Requirements

New York

California

Conclusions

3

Ballast Water Management in the USA

4

Ballast Water Regulatory Regime

Clean Water Act

(1948, 1972, 1977, 1987) NANPCA (Dec1990)

NISA (Dec 1996)

NPDES: National Pollutant Discharge Elimination System

NANPCA: Non-indigenous Aquatic Nuisance Prevention and Control Act

NISA: National Invasive Species Act

EPA USCG

33 CFR Part151 Subpart C & D NPDES

Individual Permit

General Permit VGP State Legislations & Regulations

(BW Laws: California, Michigan, Minnesota & Wisconsin)

(BW Standards in State’s clean water certification: Illinois,

Indiana, New York, Ohio & Pennsylvania)

5

USCG Regulatory Developments

Organism Size Amount Allowable in Discharge

≥ 50µm < 10 organism per m3

< 50 - ≥ 10 µm < 10 organism per milliliter

Indicator microorganisms

< 1 colony forming unit of

toxicogenic Vibrio cholerae Per 100 milliliter

< 250 colony forming unit of

Escherichia coli Per 100 milliliter

< 100 colony forming unit of

intestinal enterococci Per 100 milliliter

USCG Final Rule BW Discharge Standards were

made available on 16 March and published on

23 March 2012:

Applicability

Exemptions

Jurisdiction

Technology review –

practicability review

USCG ballast water

discharge standard

Documentation

Operational practices

6

Acceptable Ballast Water Management Options:

Install and operate a ballast water management

that has been approved by the Coast Guard

Use only water from a US public water system

Perform a complete ballast water exchange in

an area 200 nm from any shore prior to discharging

ballast water, unless the vessel is required to

employ an approved BWMS per the implementation

schedule

No ballast water discharge into waters of the US

Discharge to a facility onshore or another vessel for purposes of

treatment

Alternate Management System (AMS)

USCG Regulatory Developments

7

USCG Regulatory Developments

Alternate Management System (AMS)

A manufacturer whose BWMS has been Type

Approved by an Administration other than the

US may request USCG acceptance of that BWMS

under the AMS provisions (33 CFR 151.2026)

The request is to be submitted in writing to the USCG

Marine Safety Center (MSC) and the request is to be

submitted with the following:

– The type approval certificate issued by the Administration

– Contact information on the person responsible to obtain the AMS

acceptance (name, address, email address and telephone number)

– Final test results and findings supporting the issuance of the type

approval

– A description of any modification from the testing model

– A type approval application as described under 46 CFR 162.060-12

8

USCG Regulatory Developments

Alternate Management System (AMS):

10 vendors have applied for AMS acceptance

AMS may be employed for no longer than five

from the date that the vessel would be required to

comply with the discharge standard if it is installed

prior to the compliance date

Once ballast water management systems are type approved

by the Coast Guard and available for a given class, type of

vessels, or specific vessel, those vessels will no longer be

able to install AMS in lieu of type approved systems

Those vessels equipped with an AMS ballast water management in

advance of the issuance of a USCG type of a BWMS will continued

to be allowed to discharge treated ballast water for 5 years beyond

the date that the vessel would be required to comply with the

discharge standard

9

USCG Regulatory Developments

Implementation Schedule for Ballast Water Discharge Standards

New vessel – constructed on or after 1 December 2013

Keel laid

Construction identifiable with the specific vessel

Assembly commenced with 50 tons or 1% whichever is less, or

Major conversion

Vessel Ballast Capacity Compliance Date

New All Delivery

Existing

< 1,500 m3 First scheduled drydocking after 1 Jan 2016

1,500 – 5,000 m3 First scheduled drydocking after 1 Jan 2014

> 5,000 m3 First scheduled drydocking after 1 Jan 2016

10

Ballast Water Management Convention

D-1 = exchange standard D-2 = biological standard

Implementation: ships of signatory flag States/all ships in jurisdictional

waters of signatory States

Note: Signatory States to be consulted regarding delayed D2 enforcement permitted by A.1005(25).

Ballast

Cpty

(m3)

Build

Date

® First Intermediate or Renewal Survey, whichever occurs first, after the

anniversary date of delivery in 2014/2016 as shown below

2009 2010 2011 2012 2013 2014 2015 2016 2017

<1,500

< 2009 D-1 or D-2 D-2 ®

in 2009 Note: D-1; D-2 by “2nd Annual but not beyond 31 Dec 11” or EIF, whichever is later (Note)

>2009 D-2 (at delivery or EIF, whichever is later)

≥1,500

or

≤5,000

< 2009 D-1 or D-2 D-2 ®

in 2009 Note: D-1; D-2 by “2nd Annual but not beyond 31 Dec 11” or EIF, whichever is later (Note)

>2009 D-2 (at delivery or EIF, whichever is later)

>5,000 < 2012 D-1 or D-2 D-2 ®

> 2012 N/A D-2 (at delivery or EIF, whichever is later)

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USCG Regulatory Developments

Ballast Water Management Plan

Enforcement and Compliance

Access to the vessel to take samples of ballast

water and sediment, examine documents and make

other appropriate inquires, to assess compliance

Provide records to the COTP upon request

Penalties

A person who violates the requirements in the US regulations is

subject to a civil penalty not to exceed 35,000 USD. Each day of a

continuing a violation constitutes a separate violation.

A person who knowingly violates the regulations is guilty of a class

“C” felony

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EPA: VGP Under the US CWA

On 18 December 2008 the US EPA issued the final Vessel

General Permit (VGP) to regulate incidental discharges from

ships during normal operation under the CWA for the national

pollution discharge elimination system (NPDES) program

CWA prohibits discharge of a pollutant without NPDES permit

Applies to all commercial vessels (L > 79 ft) when operating within

US waters (3 nm territorial sea)

VGP compliances

6 February 2009 including

Alaska and Hawaii

Compliance with inspections,

training, recordkeeping and

reporting

13

VGP BWM Regulations & Standards

US EPA issued standards governing BW discharge under the

jurisdiction of the Clean Water Act in accordance with a court

order

Vessel General Permit (VGP) modified to cover ballast water

discharges in US Waters (issued December 2008)

Must either conduct ballast water exchange outside 200nm from

US waters

Have a USCG approved ballast water treatment system (none

currently exist)

Vessel enrolled in the USCG STEP program

Any vessel employing a BWTS which uses biocides is considered

experimental for the initial 5 year permit period

– Any discharge of total residual chlorine must be < 0.1 ppm

All vessels must submit a Notice of Intent with corresponding form

to discharge ballast in US Waters

14

VGP Re-issuance Schedule

The existing VGP will expire on 19 December 2013

Each VGP has a working life of 5 years

VGP schedule

November 2011: Propose VGP

November 2012: Finalize VGP

– Revised to not later than

15 March 2013

December 2013 VGP comes

into effect

15

New VGP Regulations & Standards

Means to satisfy EPA VGP Technology Based Effluent Limits (TBELs)

– Use a USCG approved and accepted treatment device

– Onshore treatment

– Potable water (from US and Canada)

– No discharge

IMO – equivalent implementation schedule

Ballast Water Monitoring

– Functional – test if the system is functioning as designed (e.g. applying

the chlorine dose, filtering water)

– Biological – E.coli, enterococci and total heterotrophic bacteria

– Active substance and residuals (for systems that use them) numeric

limits for systems using chlorine, chlorine dioxide, ozone and peracetic

acid – other parameters set by EPA

Reduced frequency monitoring – high quality efficacy and toxicity type

approval data from flag Administration or vendor

16

EPA & USCG Collaboration

US EPA and USCG signed a MOU in February 2011

to coordinate efforts for preventing illegal discharges

MOU creates a framework for improving EPA

and USCG cooperation on data tracking, training,

monitoring, verifying compliance and industry outreach

USCG has agreed to incorporate components of the

EPA’s VGP program into its existing inspection protocols and

procedures

USCG inspectors will evaluate VGP compliance during

port State inspections

Violations observed during inspections can be

sent to EPA for evaluation and follow-up

Limited to Federal VGP requirements (excludes

State Certifications – refer to Section 6 of VGP)

17

US State Local Regulations

California

Currently reviewing plans to implement

performance standards

Standards have not been revised

There has been no change in the implementation

schedule for the performance standards, however

there has been some discussion about a two-year

limited enforcement period in which the CSLC

would only enforce to the IMO/USCG standards.

At this point in time, this is only a discussion topic.

If/when the language is put into the regulations

ABS will be notified of the language/public

comment.

Development of compliance verification protocols

California will not be issuing type approvals for

BWMS. Owners will need to select BWMS best

able to meet CSLC standards from a pool of

available BWMS.

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Organism Size IMO Reg. D-2 California Law

> 50 µm in min. dimension < 10 viable organisms/m3

No detectable living organisms

< 50 µm and >10 µm in min. dimension

< 10 viable organisms/ml

< 0.01 living organisms per ml

< 10 µm in min. dimension No limit < 1,000 bacteria/ 100 ml and < 10,000 viruses / 100 ml

Escherichia coli < 250 cfu/100 ml < 126 cfu/100 ml

Intestinal enterococci < 100 cfu/100 ml < 33 cfu/100 ml

Toxicogenic Vibrio cholerae (O1 & O139)

< 1 cfu/100 ml or < 1 cfu/gram wet wt. zooplankton samples

< 1 cfu/100 ml or < 1 cfu/gram wet wt. zoological samples

cfu: colony forming unit – a measure of viable bacterial numbers

California Discharge Performance Standard

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California’s Implementation Schedule

BW Capacity of Vessel

[metric tons]

New Vessels (constructed on or after 1 Jan. of years

below)

Existing Vessels (applicable as of 1 Jan. of years below) Note 1

< 1,500 2010 2016

1,500 – 5,000 2010 2014

> 5,000 2012 2016

Note 1: In California, the standards apply to vessels in this size class as

of 1 January of the year of compliance. The IMO BWMC applies to

vessels in this size class no later than the first intermediate survey or

renewal survey, whichever occurs first, after the anniversary date of

delivery of the ship in the year of compliance.

20

US State Local Regulations

New York

Has extended the implementation date for vessels to comply with conditions

2, 3, 4 and 5 of the New York Water Quality Certification (WQC) to midnight

19 December 2013

Has noted that the conditions in the draft VGP cannot be made less stringent

with out violating the water quality standards and other requirements of State

law and also established other conditions more stringent than those

contained in the draft VGP that are needed to meet the requirements of

either the CWA or New York State Law – NYDEC letter 26 September 2012

– Ballast discharge limitations, Great Lakes exchange and flushing,

and grey water discharges cannot be made less stringent

– Exchange and flushing for voyages originating

beyond the exclusive economic zone

– Sample and analyze the ballast water at

least once a year (provided appropriate

facilities are available)

– Discharge of bilge water is prohibited in

New York State Waters

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Ongoing ABS Activities

ABS Guide for Ballast Water Exchange (2010)

ABS Ballast Water Treatment Advisory

(2nd Edition available)

ABS Guide for Ballast Water Treatment

Systems (November 2011)

Continued interaction with

owners and operators, designers

administrations and BWTS

vendors

Expand of depth of

knowledge and bench

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Summary & Conclusions

Ratification is pending

Implementation timelines not consistent (IMO and US, USCG and EPA)

Type Approval

USCG Approval

Some owners have contracted for newbuilds to be equipped with a

BWTS; while others are incorporating provisions to accommodate a

BWTS

Owners of existing ships are evaluating the various BWTS available

Uncertainty at IMO

Application ABS BWT Guide

Communication is essential

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