Additionally, vessels traveling in waters with lower biofouling pressure and those that spend less time at dock are expected to have a lower biofouling rate and should select either non-biocidal coating or coatings with low biocide discharge rates. 3. i. Vessel-Specific Data Submission to Inform Revised Standard for Vessels Operating Exclusively on the Great Lakes. (2015). Demonstrating a system can achieve this discharge standard regardless of the environmental factors is the standard by which the USCG evaluates these systems. The three shipboard trials conducted dock side in Quebec City, Quebec and Sarnia, Ontario, and at anchor in Thunder Bay, Ontario, found filtration significantly reduced abundance of copepods and cladocerans, but not of juvenile dreissenid veligers and rotifers. Targeted reduction of certain discharges or constituents of concern can significantly benefit receiving waters. The term “contiguous zone” means the entire zone established or to be established by the United States under Article 24 of the Convention of the Territorial Sea and the Contiguous Zone. Federal Register provide legal notice to the public and judicial notice U.S. EPA. This application portal is currently only accepting Cobell Scholarship Vocational Applications. EPA estimates that this regulatory relief will result in annual cost savings of nearly $22.2 million to the vessel community. EPA does not anticipate an information collection burden on states until the USCG has established final implementing requirements (required by the VIDA as soon as practicable but not later than two years after the EPA discharge standards proposed in this rulemaking are finalized). EPA solicits public comments on this proposal and the associated regulatory impact analysis, which can be found in the rulemaking docket. Underway means a vessel is not at anchor, or made fast to the shore, or aground. An insulation that functions as an air barrier material.An insulation having an air permeance equal to, or less than 0.02 L/s-m2 at (d) Ballast Water Discharge Standard. Assessment of Shipping Traffic and Ballast Water Movements to and From Caspian Region, and Preliminary Appraisal of Possible Ballast Water Management Options. Development of National Discharge Standards of Performance, A. Discharges Incidental to the Normal Operation of a Vessel—General Standards, B. Discharges Incidental to the Normal Operation of a Vessel—Specific Standards, 15. (e) The Administrator shall submit to the Secretary a request for written concurrence on a determination made to establish a prohibition. For one, it is difficult to evaluate and count dormant or immotile organisms. Two such systems are exhaust gas cleaning systems (EGCS) and exhaust gas recirculation (EGR) systems. These tools are designed to help you understand the official document In contrast, 81 of the 84 Canadian Lakers are small enough to pass through the Welland Canal and locks on the St. Lawrence Seaway (Lake Carriers' Association, 2016). However, EPA determined that there is insufficient data to support the effectiveness of such an alternative practice in reducing ANS discharges in the Great Lakes. must be accompanied by a written comment. Motor Gasoline and Compensating Discharge: EPA proposes that, consistent with section 2.2.16 of the VGP, the discharge of motor gasoline and compensating discharges into federally-protected waters is prohibited. (a) The requirements in paragraph (b) of this section apply to discharges from machinery that contains no oil, including discharges from the operation of desalination systems, water chillers, valve packings, water piping, low- and high-pressure air compressors, propulsion engine jacket coolers, fire pumps, and seawater and potable water pumps. The use of any additives to remove the appearance of a visible sheen is prohibited. (3) The direct and indirect benefits if the requested petition were to be granted by the Administrator. (2) Coatings must be applied, maintained, and reapplied consistent with manufacturer specifications, including the thickness, the method of application, and the lifespan of the coating. EPA also provided an informational presentation on the VIDA during the Region 10 Regional Tribal Operations Committee (RTOC) call on July 18, 2019, as requested by the RTOC. Where required by the building official, testing shall be conducted by an approved third party. The proposed rule would exclude discharges of ballast water from a vessel that is in the National Defense Reserve Fleet that is scheduled for disposal, if the vessel does not have an operable ballast water management system. (c) Bilges. EPA found that most of the IMO data packages lacked information on test-specific Quality Management Plans, Quality Assurance Project Plans, and individual test results. Discussion of BMPs not proposed to be carried forward from the VGP and USCG regulations is included in VIII.B.1.iv.H. In addition, there may be less biological activity during the colder months of the year and ANS spread could pose less of a risk. Comments (Federalism Consultation and Governors' Consultation Comments). (10) Topside surfaces (e.g., exposed decks, hull above waterline, and related appurtenances) must be maintained to minimize the discharge of cleaning compounds, paint chips, non-skid material fragments, and other materials associated with exterior surface preservation. Filtration is also important for chemical disinfection because chemicals are relatively ineffective against organisms buried in sediment, especially invertebrates in resting stages (U.S. EPA, 2011a). (a) Except as expressly provided in this part, nothing in this part affects the applicability to a vessel of any other provision of Federal law, including: (1) Sections 311 and 312 of the Federal Water Pollution Control Act (33 U.S.C. These foams are often called testing or training foams, tend to be less expensive, and can mimic the properties of firefighting foams. To the contrary, although the VIDA is a permit-less regime, Congress defined BPT, BCT, and BAT with “intentional[] cross-reference[s]” to where those terms are used elsewhere in the CWA “to ensure that the Administrator makes identical considerations when setting the standards of performance under CWA Section 312(p) as the Administrator was previously required to do when setting technology-based effluent limits for permits” like in the VGP. Please CLICK HERE to access information and the link to the online application portal. There are exceptions to these requirements including if the vessel does not have residual ballast water or sediments onboard; empty tanks are sealed; or ballast water is retained onboard. As such, EPA expects that regular cleaning of biofouling consisting of FR-20 or below, in combination with the potential for controlled cleaning of biofouling exceeding FR-20 through IWCC devices, represents best available technology economically achievable to control the release of ANS and biocides from vessel hulls and associated niche areas, with likely long term cost savings to the vessel industry. EPA is aware that overcoats are commercially available. In contrast, the VGP requirement is for EGCS washwater discharges to have a pH of no less than 6.0 as measured at the overboard discharge point. The second step, to be accomplished by July 1, 1987, required compliance with standards based on application of the “best available technology economically achievable [BAT] for such category or class. Such a level of deterioration indicates failure at the anticorrosive/antifouling interface which can result in a soft blister that is more likely to be broken by cleaning. For example, as required in the USCG type-approval process, shipboard testing occurs on systems for a period of six months in the locations where that vessel voyages during that time period, regardless of where else that vessel has voyaged or plans to voyage in the future. Retrieved from http://www.epa.gov/​osa/​metalsframework. Gas turbines are used on some vessels for propulsion and electricity generation. Residues are usually disposed of on-shore once the vessel is in port. One of the most notable effects of nutrient over-enrichment is the excess proliferation of plant life and ensuing eutrophication. (2018a). However, the Agency does recommend that the discharge or uptake of ballast water be conducted as far from federally-protected waters as possible. EPA has determined that implementing a carriage standard may be short-sighted and costly to the vessel community with an unknown level of effectiveness to reduce ANS discharges in the Great Lakes. (1) pH. Additionally, discharge occurs when materials leach from the exterior of the dome. While EPA is, for most of the discharges addressed in this Start Printed Page 67828rulemaking, relying on the BPT/BCT/BAT analysis that was performed to develop the VGP, EPA is not incorporating the VGP requirements verbatim. As part of the effort to harmonize the EPA exhaust gas emission control systems discharge standards under the VIDA with the IMO guidelines, EPA has also reworded the phrasing of the proposed standard to harmonize more closely with the language in the IMO guidelines. Mar. State. We would like to show you a description here but the site won’t allow us. Each document posted on the site includes a link to the Ser., 188, 117-121. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. Compact fluorescent lamps, light-emitting diode (LED) lamps, T-8 or smaller diameter linear fluorescent lamps, or other lamps with an efficacy of not less than the following: HISTORIC BUILDING. EPA made such a material technical mistake when it failed to acknowledge that the extreme environmental conditions and operational limitations that prevented pre-2009 Lakers from treating its ballast water also affect the ability of other Great Lakes vessels from doing the same. Niche areas account for approximately 10 percent of the total wetted surface area of a vessel (Moser et al., 2017). ○ Intestinal enterococci: Less than 100 cfu per 100 milliliters. biofouling. located in such structure, and (2) any mechanical systems, Recent information from the international registrar and classification society Det Norske Veritas and Germanischer Lloyd (DNV GL, 2019) indicates that out of the total vessel universe, there are currently 3,000 ships with installed or firmly planned scrubber systems, with predictions ranging up to as many as 4,000 installations. Deep water environments beyond the continental shelf typically support ecosystems that are quite different than those which exist closer to shore. and services, go to EPA also considered an option in which Great Lakes vessels would be required to install, operate, and maintain a USCG type-approved BWMS but not have to meet a discharge standard. The compliance documentation shall include the following information: Exception: Where an otherwise identical building model is offered in multiple orientations, compliance for any orientation shall be permitted by documenting that the building meets the performance requirements in each of the four (north, east, south and west) cardinal orientations. space from the exterior shall not require the Therefore, use of such IWCC systems would primarily occur either to remove fouling that is local in origin (e.g., after periods of idleness) or in contingency scenarios. (b) Discharge requirements. Third, the VGP required certain operators to meet a discharge limit for oil of 15 ppm or to not discharge oil in quantities that may be harmful as defined in 40 CFR 110.3. Additionally, the proposed rule would require measures during fueling, maintenance and other vessel operations to control and respond to spills and overflows, such as may occur from human error or improper equipment use. Variability is inherent to all well-operated treatment systems. For example, it has been suggested that an MGPS installed in the sea chest provides protection to both the sea chest and internal pipework, while one installed in the strainer may only protect the internal pipework. 136 et seq. This proposed requirement extends coverage from certain vessels in the VGP to all vessels that acknowledges that washing of decks is an activity that can be scheduled for times when a vessel is outside of these sensitive waters. Comments received may be posted without change to https://www.regulations.gov, including any personal information provided. Merchant Marine Academy in New York on May 29-30, 2019. EPA proposes to prohibit the discharge of untreated gas turbine washwater unless determined to be infeasible. to a historic district. CWA Section 312(p)(5)(A)(ii)(III) requires the USCG to promulgate training and educational requirements that are not less stringent than those contained in the VGP. The proposed rule would require, based on CWA Section 312(p)(10)(A), vessels entering the St. Lawrence Seaway through the mouth of the St. Lawrence River to conduct a complete ballast water exchange or saltwater flush (as appropriate) not less than 200 NM from any shore for a voyage originating outside the EEZ; or not less than 50 NM from any shore for a voyage originating within the EEZ. Clean Coastal Waters: Understanding and Reducing the Effects of Nutrient Pollution. Marine Environmental Protection Committee (MEPC). At the time, EPA determined that the 6.0 limit applied at the point of discharge maximized consistency with the IMO guideline for a pH of 6.5 four meters from the hull by accounting for the buffering “likely to occur within the 4-meter range.” Under the VIDA, in contrast, EPA no longer needs to account for the buffering because EPA is now proposing a standard of performance rather than a limit for a permit. The liquid and debris that accumulates in the pits, often referred to as elevator pit effluent, can be emptied by gravity draining, discharged using the firemain, transferred to bilge, or containerized for onshore disposal. in the subsequent sample set, if any, shall be The analysis compares baseline cost impacts experienced by the regulated community immediately prior to passage of the VIDA legislation to projected cost impacts expected as a result of the proposed new EPA standards. Sept. 18, 2006), aff'd 537 F.3d 1006 (9th Cir. For SI: 1 square foot = 0.93 m2, 1 British thermal unit = 1055 J, 1 pound per square foot = 4.88 kg/m2, 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad. For toxic pollutants and nonconventional pollutants, EPA promulgates discharge standards based on BAT. For these reasons, EPA found that foreign type-approval data, such as that used by the SAB in its analysis, is inadequate to assess whether any IMO-approved BWMS can meet the proposed discharge standard and it follows that such a testing regime would not be of sufficient scientific rigor to be appropriate for use in a BAT analysis. This requirement is intended to minimize the discharge of biofouling organisms when vessels that operate beyond waters of the contiguous zone re-enter these waters and subsequently drop anchor in waters of the United States or waters of the contiguous zone. Upon a successful demonstration that a BWMS can meet the D-2 standard, such a system is approved (“type-approved”) for use onboard a ship. Supply and return registers, if installed at the of all. (i) Additional standards applicable to discharges from decks when a vessel is operating in federally-protected waters are contained in § 139.40(f). EPA solicits comment on all aspects of its RIA including the underlying assumptions and methodology. The most common MGPS for seawater includes sacrificial anodic copper systems and chlorine-based dosing systems. There are numerous, costly technical challenges to implementing BWMS on Great Lakes vessels. On the Monitoring of Illicit Vessel Discharges, A Reconnaissance Study in the Mediterranean Sea, EC DG Joint Research Center, Institute for the Protection and Security of the Citizen Humanitarian Security Unit. You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here. Clogged filters in turbid ports and under icing conditions could significantly impact vessel operations, even halt operations, if the BWMS ceased working. EPA solicits comment on the proposed rule during the public comment period. (2000). In summary, EPA and the USCG are committed to protecting U.S. waters from invasive species and support a strong national and international solution that does not disrupt the continuous flow of maritime commerce that drives the U.S. and global economies. Feasibility and Efficacy of Using Potable Water Generators as an Alternative Option for Meeting Ballast Water Discharge Limits. Additionally, many ocean-going ships operate with oil-lubricated stern tubes and use lubricating oils in much of the other machinery both on-deck and underwater. Controls for such systems shall automatically adjust the energy input to the heat tracing to maintain the desired water temperature in the piping in accordance with the times when heated water is used in the occupancy. However, the proposed rule would impose a new information collection burden on states seeking to petition EPA to establish different national standards of performance including enhanced standards in the Great Lakes, issue emergency orders, or establish no-discharge zones. THERMAL ISOLATION. Prot. (2017). R-5 insulation shall be provided under the full slab area of a, Alternatively, insulation sufficient to fill the framing cavity, The first value is cavity insulation, the second value is, Any wall having a heat capacity greater than or equal to 6 Btu/ft. Highlight changes enacted by your local jurisdiction. Details of the types of information considered and how that information may be used are described in VIII.B.1.vi.C.8. The VIDA also requires that the standards be technology-based using a similar approach to that outlined by the CWA for setting, among other things, effluent limitation guidelines. As such, EPA relied on the BPT/BCT/BAT analysis that led to the development of the VGP requirements and is proposing to require substantively the same standard of performance required by the VGP. The analysis described herein is based largely on information gathered and included in the public docket for this proposed rulemaking and includes information on the United States and international requirements surrounding ballast water discharges and the candidate control technologies (both best management practices and treatment technologies). EPA expects that an antifouling system selected in accordance with the vessel's operating profile, and cleaned with minimally abrasive cleaning methods, should not present signs of significant deterioration at the anticorrosive/antifouling interface, therefore adherence to this standard is achievable by following the coating and cleaning practices in the proposed guidelines. 37, No. Therefore, it is reasonably likely that no person would be found to be in violation of the proposed rule under the affirmative defense described in CWA Section 312(p)(8)(C). application to the hull of the vessel” (33 U.S.C. Additionally, EPA proposes to prohibit in-water cleaning on any section of a biocidal antifouling coating which has shown significant deterioration since the most recent application of the coating. The Ship Hull Fouling Penalty. (2008). The text of CWA Section 312(p)(4)(D)(ii) prohibits EPA from “revis[ing] a standard of performance. 1531-1538, requires federal agencies, unless otherwise prohibited by law, to assess the effects of their regulatory actions on state, local, and tribal governments, and the private sector. of the Climate Zone 6 "option 1" row in Table Testing of various BWMS and their components using ambient Great Lakes water has been conducted at the Great Ships Initiative (GSI) [3] Should the USCG identify one or more testing protocols that enumerate nonviable organisms, such methods would be acceptable for demonstrating compliance with the proposed numeric Start Printed Page 67836ballast water discharge standard (U.S. EPA, 2010). The type and level of detail of information that a state would need to generate to petition EPA under CWA Section 312(p) is most analogous to the information prepared for an application to EPA under the existing CWA Section 312 ICR (OMB control number 2040-0187), which includes state activities related to petitioning EPA for no-discharge zones for sewage and discharges incidental to the normal operation of vessels of the Armed Forces. The proposed rule does not include training and education requirements. See 40 CFR part 435. (4) Shall not take into consideration any preliminary assessment by the Great Lakes Commission or any dissenting opinion by a Governor of a Great Lakes State, except to the extent that such an assessment or opinion is relevant to the criteria for the applicable determination under paragraph (d) of this section. King, D., and Hagan, P. (2013). The expectation is that all or most of the labeling programs identified in the VGP meet the EAL criteria in the proposed rule and as such would provide a comparable list of options from which vessel operators could select appropriate lubricants. EPA endeavored to identify new technology and best management options for pool and spa wastewater; however, EPA did not identify any new technology since the development of the VGP. EPA endeavored to identify new technology and best management options for motor gasoline and compensating discharges; however, EPA did not identify any new technology since the development of the VGP. Pollut. (i) The maximum continuous PAH concentration in the discharge must be no greater than 50 µg/L PAHphe (phenanthrene equivalence) above the inlet water PAH concentration. In many cases, EPA proposes change to translate the VGP discharge requirements into national standards of performance or otherwise improve the clarity to enhance implementation and enforceability.