presentation to the hellenic mediterranean panel ( athens, greece - 23 october 2008) on
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Presentation to the Presentation to the
HELLENIC MEDITERRANEAN PANELHELLENIC MEDITERRANEAN PANEL(Athens, Greece - 23 October 2008)
OnOn
US DISCHARGE STANDARDSUS DISCHARGE STANDARDS
-The NPDES Program--The NPDES Program-AJAY GOURAJAY GOUR
Chemical Manager, Operations and Technical.
Assistant Regional Manager Indian Sub-Continent, Greece & Cyprus.
The CLEAN WATER ACT (CWA)
• First Passed in 1948 – “The Federal Water Pollution Control Act of 1948”
• Amendments– 1972, 1977, 1978, 1990…
• Establishes Environmental Programs (incl. the NPDES Program) to protect US waters.
• Directs the Environmental Protection Agency (EPA) to issue rules on how to implement this law.
The NPDES Program
• Under the CWA:– Unlawful to discharge any pollutant from a “point
source” into navigable waters, unless a “permit” was obtained.
– The EPA’s National Pollutant Discharge Elimination System (NPDES) permit program controls all discharges into the “waters of the US”.
The NPDES Program
• So what is an NPDES Permit?– The CWA prohibits anybody from discharging “pollutants” through
a “point source” into a “water of the US” unless they have an NPDES permit.
– The permit contains:• Limits on what you can discharge
• Monitoring and reporting requirements
• Other provisions to ensure that discharges do not hurt water quality or people’s health
• In essence, the permit:– Translates the general requirements of the CWA into specific
provisions tailored to the operations of each person/facility discharging pollutants.
The CWA, The EPA & The NPDES Program
• Since 1972 discharges “incidental to the normal operation of a vessel” were exempted from the NPDES permit program under EPA Regulations.
• In 2003 environmental groups took the EPA to court for exempting ballast water discharges.
• 30 March 2005: US District Court for the Northern District of California ruled that:– The EPA exceeded its authority under the CWA in exempting
vessel discharges incidental to normal operations.
The CWA, The EPA & The NPDES Program
• 18 Sept 2006: The District Court:– vacates EPA exemption effective September 30, 2008
• US Government (EPA) and industry coalition appeal this decision
• 23 July 2008: The Appellate Court (Ninth Circuit) agrees with District Court and upholds the vacatur date of 30 Sept 2008.
• The EPA requests, and District Court grants a delay until 19 December 2008.
The EPA ResponseThe EPA Response
EPA PROPOSED VESSEL GENERAL PERMIT (VGP)
• National in scope
• Valid for 5 years
• Covers all commercial vessels
• Subject to STATE certification!!!
• No fee• Proposed VGP can be seen at:
www.epa.gov/npdes/pubs/vessel_commercial_permit.pdf
The EPA ResponseThe EPA Response
VGP COVERAGE of vessel discharges
• Automatic coverage within the first 6 months
• Within those first six months, owner must submit a Notice of Intent (NOI) for ships to be covered by the VGP
• EPA proposed NOI requires one for each ship
• INTERTANKO proposed to EPA one NOI for all ships under one owner
The EPA ResponseThe EPA Response
APPLICABILITY of the VGP system
• Applies to all commercial vessels 79 feet in length or greater
• Covers US inland waters and within 3 nautical mile territorial sea
• Applies to 28 identified discharges incidental to ship operations
NPDES PROGRAMNPDES PROGRAM
KEY PROVISIONS OF NPDES PROGRAM
• Limits/controls Discharge through– Best Management Practices for 23 of the discharges.– Specific requirements for ballast water, grey-water, bilge
water, antifouling and underwater husbandry
• Additional requirements for tankers for inert gas scrubber, deck seals, scuppers, inspections and crew training.
NPDES PROGRAMNPDES PROGRAM
KEY PROVISIONS OF NPDES PROGRAM
• Designed to have Corrective Action and to be self-policing
• Inspections and monitoring
• Reporting
• Recording keeping
Non-ComplianceNon-Compliance
FAILURE TO COMPLY CAN RESULT IN:
CIVIL PENALTIES
CRIMINAL PENALTIES
CITIZEN LAWSUITS
The Shipowner’s Dilemma!
• The EPA exemption ceases on 19 December 2008, after which all ships must comply
• The EPA will not issue the final VGP until early December 2008.
• To make matters worse, anticipate additional state specific requirements, as allowed under CWA
INTERTANKOINTERTANKO• HAS provided extensive information in:
– Weekly News Articles, and – Chairman’s letter to members
• RECOMMENDS that any of its members that intend to have any of their vessels call at US ports after 19 December 2008, begin development of a compliance program based upon the requirements in the EPA proposed VGP.
INTERTANKOINTERTANKO
• RECOMMENDS that you keep in mind that changes to your compliance program may need to be made after the final VGP is issued by the EPA.
• WILL provide the final VGP to all members as soon as this is issued.
• Detailed information is available from the issue manager: Mr. Joseph Angelo. (joe.angelo@intertanko.com)
Thank You!Thank You!
WWW.INTERTANKO.COMWWW.INTERTANKO.COM
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