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Clean Water Act Permitting and Operational Discharges from Vessels. An Overview February 2007. CONTENTS. Clean Water Act (CWA) Permit Basics Vessel Permit Exclusions Court Decision Implications Questions & Issues to Consider.
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Clean Water Act Permitting andOperational Discharges from Vessels An Overview February 2007
CONTENTS • Clean Water Act (CWA) Permit Basics • Vessel Permit Exclusions • Court Decision • Implications • Questions & Issues to Consider
CWA PERMIT BASICSFor more info visithttp://cfpub.epa.gov/npdes/about.cfm?program_id=0 • “Discharge of a pollutant” generally prohibited without a permit [CWA § 301(a)] • National Pollutant Discharge Elimination System (NPDES) Permits [CWA § 402] • Individual permits • General permits • State authorization
CWA PERMIT BASICS [Cont] • Effluent limits [CWA § 301(b)] • Technology based [CWA § 304(b)] • Effluent guidelines • Best professional judgment (BPJ) • Water quality based [CWA § 303] • State certification (if EPA-issued) [CWA § 401] • Processing • Propose draft permit • Public comment • Issue final permit
VESSEL PERMIT EXCLUSIONS • REGULATORY exclusion [40 CFR 122.3(a)] • At issue in lawsuit & subject of court decision • Excludes certain discharges incidental to the normal operation of vessels from the obligation to obtain an NPDES permit • First issued in May 1973 & largely unchanged since then • Never previously challenged
PERMIT EXCLUSIONS [Cont] • STATUTORY exclusions • Stated in the CWA itself and thus unaffected by lawsuit • Vessels operating beyond 3 mile limit [CWA § 502(12)(B)] • Sewage from vessels or discharges incidental to the normal operation of vessels of the Armed Forces within the meaning of § 312 [CWA § 502(6)(A)]
COURT DECISIONFor more info visithttp://www.epa.gov/owow/invasive_species/ballast_water.html • Rulemaking petition and denial • Concerns focused on ballast water • Litigation & outcome in U.S. District Court • March 2005: Ruling that the regulation (40 CFR 122.3(a)) excluding discharges incidental to the normal operation of a vessel from NPDES permitting exceeded the Agency’s authority under the CWA • Sept 2006: Final order vacating (repealing) the regulation in its entirety as of September 30, 2008 • Current status • Nov 2006: Gov’t files notice of appeal with 9th Circuit
IMPLICATIONS • Not just limited to those larger vessels that would be equipped with ballast tanks • Not just limited to ballast water discharges but includes other operational discharges • But does NOT affect exemptions specifically contained in CWA itself (see earlier slide) • As of Sept 30, 2008, operational discharges that had been excluded from NPDES permitting by 40 CFR 122.3(a) become unlawful unless authorized by a permit
QUESTIONS TO CONSIDER • How define and categorize the universe of vessels? • How define and categorize operational discharges and feasible control methods? • How determine permit limits using BPJ factors? • Age of equipment and facilities involved • Process employed; • Engineering aspects of various types of control techniques; • Process changes; • Cost of achieving effluent reduction; and • Non-water quality environmental impact (including energy requirements)
Questions [Cont] • How address State WQ standards that vary reach-by-reach or State to State? • How integrate with any applicable international or domestic requirements under statutes besides CWA? • How issue final permits by court’s September 30, 2008 vacatur date?