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Presentation to the HELLENIC MEDITERRANEAN PANEL ( Athens, Greece - 23 October 2008) On

Presentation to the HELLENIC MEDITERRANEAN PANEL ( Athens, Greece - 23 October 2008) On US DISCHARGE STANDARDS -The NPDES Program- AJAY GOUR Chemical Manager, Operations and Technical. Assistant Regional Manager Indian Sub-Continent, Greece & Cyprus. The CLEAN WATER ACT (CWA).

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Presentation to the HELLENIC MEDITERRANEAN PANEL ( Athens, Greece - 23 October 2008) On

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  1. Presentation to the HELLENIC MEDITERRANEAN PANEL(Athens, Greece - 23 October 2008) On US DISCHARGE STANDARDS -The NPDES Program- AJAY GOUR Chemical Manager, Operations and Technical. Assistant Regional Manager Indian Sub-Continent, Greece & Cyprus.

  2. 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.

  3. 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”.

  4. 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.

  5. 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.

  6. 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.

  7. The 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

  8. The 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

  9. The 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

  10. NPDES 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.

  11. NPDES PROGRAM KEY PROVISIONS OF NPDES PROGRAM • Designed to have Corrective Action and to be self-policing • Inspections and monitoring • Reporting • Recording keeping

  12. Non-Compliance FAILURE TO COMPLY CAN RESULT IN: CIVIL PENALTIES CRIMINAL PENALTIES CITIZEN LAWSUITS

  13. 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

  14. INTERTANKO • 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.

  15. INTERTANKO • 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)

  16. Thank You! WWW.INTERTANKO.COM

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