USE OF PHOSPHATES IN THE UNITED STATES NEAR COSTAL AREAS

Transcription

1 TECHNICAL BULLETIN USE OF PHOSPHATES IN THE UNITED STATES NEAR COSTAL AREAS Effect on UNITOR product offering 1

2 Introduction As of February 6 th 2009 there has been a change in the regulations related to the discharge of effluents from vessels. The aim of this document is to provide a summary of what is included in the regulation as part of the Clean Water Act (CWA) and is published by EPA through the National Pollutant Discharge Elimination System (NPDES, with particular focus on the discharge of phosphates into US coastal waters. This document will also provide some guidance regarding the use of Unitor branded products in different effluents. EPA was the first with imposing restrictions on the use of non phosphate detergent containing products to deck wash down and runoff. Today, the regulation covers all US waters and is part of the Clean Water Act (CWA) and is published by the Environmental Protection Agency (EPA) through the National Pollutant Discharge Elimination System (NPDES). The actual document that governs the regulation is called Vessel General Permit For Discharges Incidental To The Normal Operation Of Commercial Vessels And Large Recreational Vessels (VGP) Effect on Unitor Branded Product Offering Wilhelmsen Ships Service carries a range of products for different purposes as Sewage, Tank Cleaning, Cargo Hold Cleaning, Deck Cleaning, Engine Room Cleaning and Water treatment. Some of these products contain Phosphates as part of the product formulation or the raw material in the product. The products in our range impacted by the change in regulation are, Metalbrite, Metalbrite HD, Fore & Aft, HP Wash and Reefer Cleaner. These products contain phosphates and should not be used for hull and deck cleaning or be discharged through the Gray Water in US waters. Wilhelmsen Ships Service offers other products that contain phosphates but these products are used in applications that are not affected by the new regulation. Below is a list of Unitor branded products that contain phosphate (containing greater than 0.5 % phosphates). The list also contains the product application, comments regarding usage within US coastal waters and alternative products which meet the regulations. It is important to remember that the below list is only valid inside of the waters defined in the permit, namely; Waters subject to this permit means waters of the US as defined in as 40 CFR and extends to the outer reach of the 3 mile territorial sea as defined in section 502(8) of the CWA, unless otherwise excluded from coverage by Part 6 of the permit. It is also important to mention that although the EPA as not delegated implementation authority to the states, the state of Washington asserts authority to the Canadian border in the Straits of Juan de Fuca. Therefore it is recommended that operators sailing in these waters also comply with the terms of this permit when sailing outside 3 nautical miles in the Strait of Juan de Fuca. All products can be used as normal once outside the area. 2

3 Product Application Usage in US costal waters** Metal Brite Rust stain remover Cannot be used for Deck and (EDP in 25 ltr) Hull Cleaning Metal Brite HD Rust and metal tarnish remover Cannot be used for Deck and (EDP in 25 ltr) Hull Cleaning Fore and Aft Multipurpose biodegradable Cannot be used for Deck and (EDP in 25 ltr) cleaner Hull Cleaning HP Wash Alkaline cleaner for use with Cannot be used for Deck and (EDP in 25 ltr) high pressure machines Hull Cleaning Carbon Remover Removal of Carbon Deposits Considered Toxic, do not use (EDP in 25 ltr) for Deck and Hull Cleaning Used in its place Deck Clean NP* Deck Clean NP* Aquabreak PX (EDP in 25 ltr) Aquabreak PX (EDP in 25 ltr) Carbonclean LT (EDP in 25 ltr) Reefer Cleaner (EDP in 20 kg BiB) (EDP in 25 kg) Potable Water Stabilizer (EDP in 25 kg) Liquitreat (EDP in 25 kg) Autotreat (EDP in 25 ltr) Hardness Control (EDP in 25 kg) Cleaning for refrigerated rooms Cannot be used if product will be discharged with the Gray Water Treatment for potable water No restrictions N/A systems Boiler Water Conditioner No restrictions N/A Boiler Water Conditioner No restrictions N/A Phosphate treatment for boiler water No restrictions N/A * Product has completed in service testing and will be available globally by Q ** Within 3 mile territorial US waters. 3

4 Regulation Background The regulation is related to the discharge of pollutants that are generally prohibited without a permit (CWA 301 (a)) It is a part of the Clean Water Act. In essence all vessels with discharges of pollutants incidental to their normal operation into U.S. territorial sea or inland waters (and not excluded by the July 2008 Congressional action) will need permit coverage by February 6, This covers about commercial vessels. (As defined by EPA) Vessels need to have a VGP (Vessel General Permit); this is a general permit covering the discharges from vessels under the Clean Water Act (CWA). For most CWT general discharge permits the permittees must also file a Notice of Intent (NOI). A NOI is required by September 19 th 2008 for vessels: Vessels greater or equal to 300 gross tones, or Have a ballast capacity of at least 8 cubic meter If an effluent limit is exceeded it is a permit violation and the permit requires the permittee to take corrective action when they become aware of a violation. Failure to take corrective action within specified time period is a permit violation Corrective Actions must be taken: Minor changes: within two weeks Major changes (requiring new parts): within three months Major Renovations: before re-launching from the next dry-docking (approximately 5 year cycle) There are 30 different effluents that are regulated through the section 2.1 and 2.2 of the Vessel General Permit such as, Ballast Water, Bilgewater, AFFF, Hull Leachate, Graywater and Underwater Husbandry. The regulations deemed to impact Unitor branded products are: Deck Washdown and Runoff and Above Water Line Hull Cleaning. Bilgewater. Boiler/Economizer Blowdown. Distillation and Reverse Osmosis Brine. Graywater. Graywater mixed with Sewage from Vessel. 4

5 Deck Wash Down & Runoff and Above Water Line Hull Cleaning The part of the regulation that applies to phosphate containing products is currently the deck wash down and runoff. The regulation reads as follows: "If deck wash downs will result in a discharge, they must be conducted with non-toxic and phosphate free cleaners and detergents. Furthermore, cleaners and detergents should not be caustic or only minimally caustic and should be biodegradable." This means that the chemical used for the wash down needs to be phosphate free, non-toxic and should also be fully biodegradable. Vessels that from February 6, 2009 use products containing phosphates for deck wash that runoff are in breach of the vessels VGP permit. In the regulation phosphate free cleaners and detergents are mentioned and in the regulation there is a definition of what phosphate free stands for. The definition of phosphate free is: Phosphate Free soaps, cleaners, and detergents means these materials which contain, by weight, 0.5% or less of phosphates or derivatives of phosphates. All detergents manufactured by Wilhelmsen Ship Service in Norway can be considered phosphate free as stated in the American regulation for Phosphate free products in the near costal areas. All Unitor components that contain phosphates are non detergents. The products we offer that are affected by this regulation and should not be used for outside Deck Cleaning and Run Off are the following. Product Application Usage in US costal waters** Metal Brite Rust stain remover Cannot be used for Deck (EDP in 25 ltr) and Hull Cleaning Metal Brite HD Rust and metal tarnish Cannot be used for Deck (EDP in 25 ltr) remover and Hull Cleaning Fore and Aft Multipurpose biodegradable Cannot be used for Deck (EDP in 25 ltr) cleaner and Hull Cleaning HP Wash Alkaline cleaner for use Cannot be used for Deck (EDP in 25 ltr) with high pressure machines and Hull Cleaning Carbon Remover Removal of Carbon Considered Toxic, do not (EDP in 25 ltr) Deposits use for Deck and Hull Cleaning Products that should not be used for outside cleaning of Deck and hull with risk of run off. * Product has completed in service testing and will be available globally by Q ** Within 3 mile territorial US waters. Used in its place Deck Clean NP* Deck Clean NP* Aquabreak PX (EDP in 25 ltr) Aquabreak PX (EDP in 25 ltr) Carbonclean LT (EDP in 25 ltr) The product Deck Clean NP is a new product that can be used to replace the Metal Brite and Metal Brite HD. Deck Clean NP has completed in-service testing and will be available globally by Q

6 Bilgewater Bilgewater discharge is regulated through four different regulations, 40 CFR Parts 110 (Discharge of Oil), 116 (Designation of Hazardous Substances), and 117 (Determination of Reportable Quantities for Hazardous Substances) and 33 CFR (Control of Oil Discharges). Part 110 states that the regulation requires the person in charge of a facility or vessel responsible for discharging oil that may be "harmful to the public health or welfare" to report the spill to the federal government. The regulation establishes the criteria for determining whether an oil spill may be harmful to public health or welfare, thereby triggering the reporting requirements, as follows: Discharges that cause a sheen or discoloration on the surface of a body of water; Discharges that violate applicable water quality standards; and Discharges that cause a sludge or emulsion to be deposited beneath the surface of the water or on adjoining shorelines. Part 116 of this regulation applies to discharges of specific substances. Table defines all the chemicals that are considered hazardous for bilge water discharge. The list is too long to include in this document. See regulation 40 CFR Part 116. Part 117 follows part 116 and designates the reportable volumes of substances that are considered hazardous in part 116. Below is an example of Phosphoric Acid: Phosphoric acid... D... 5,000 (2,270) The D is a ``Category'' which lists the code letters ``X'', ``A'', ``B'', ``C'', and ``D'' associated with reportable quantities of 1, 10, 100, 1000, and 5000 pounds, respectively. The first number is the allowable discharge quantity in pounds and the second number in kilo. Regulation 33 CFR of the regulation states that the oil content in the bilge water discharge cannot exceed 15 ppm. There are additional limitations in the regulation where the below are the most important. Vessel operators may not use dispersants, detergents, emulsifiers, chemicals or other substances to remove the appearance of a visible sheen in their bilgewater discharges. Except in the case of flocculants or other required additives (excluding any dispersants or surfactants) used to enhance oil/water separation during processing (after bilgewater has been removed from the bilge), vessel operators may not add substances that drain to the bilgewater that are not produced in the normal operation of a vessel. All vessels must minimize the discharge of bilgewater into waters subject to this permit. 6

7 Summarising the bilgewater regulation shows that there is no issue with using phosphate containing chemicals for effluent that ends up in the bilge. The effluent from the bilge water is not regulated on the Phosphor content but on the hazard the product represent as a discharge. To ensure good splitting of water and oil phase of the bilge water, Cleanbreak can be used. Cleanbreak is a degreaser containing self-splitting emulsifiers. Boiler/Economizer Blowdown The regulation says the following about boiler blowdowns: Minimize the discharge of boiler/economizer blowdown in port if chemicals or other additives are used to reduce impurities or prevent scale formation. For vessels greater than 400 gross tons which leave the territorial sea at least once per week, boiler/economizer blowdown may not be discharged in waters subject to this permit, unless: The vessel remains within waters subject to this permit for a longer period than the necessary duration between blowdown cycles, The vessel needs to conduct blowdown immediately before entering drydock, or For safety purposes. For all vessels, boiler/economizer blowdown may not be discharged in waters referenced in Part 12.1 except for safety purposes. Furthermore, boiler/economizer blowdown should be discharged as far from shore as practical. Part 12.1 of the regulation refers to Waters federally protected wholly or in part for conservation purposes. Summarizing the Boiler/Economizer Blowdown there is no focus on phosphates from the discharge there is however a focus on minimizing the discharge in territorial sea and in sensitive waters. Product Application Usage in US costal Used in its place waters** Boiler Water Conditioner No problem N/A Liquitreat (EDP in 25 kg) Autotreat (EDP in 25 ltr) Boiler Water Conditioner No problem N/A Hardness Control Phosphate treatment for No problem (EDP in 25 kg) boiler water Phosphate containing water treatment products that are safe to use. ** Within 3 mile territorial US waters. N/A 7

8 Distillation and Reverse Osmosis Brine This is brine from the Evaporator and other equipment and the regulation states the following: Brine from the distillation system and reverse osmosis reject water shall not contain or come in contact with machinery or industrial equipment (other than that necessary for the production of potable water), toxic or hazardous materials, or wastes. This means that the brine must be treated as a separate effluent and not be mixed with other water that may contain waste or hazardous chemicals. Graywater The Graywater regulation is extensive and all parts are not relevant for this paper. The included part from the regulation has been viewed as relevant to the question about phosphate containg effluents or gives a good general overview of the regulation. The regulation states the following: All vessels must minimize the discharge of graywater while in port. For those vessels that cannot store graywater, the owner or operator and their crews should minimize the production of graywater in port. If graywater will be discharged in waters subject to this permit, the introduction of kitchen oils must be minimized to the graywater system. When cleaning dishes, you must remove as much food and oil residue as practicable before rinsing dishes. Oils used in cooking shall not be added to the graywater system. Oil from the galley and scullery shall not be discharged in quantities that may be harmful as defined in 40 CFR Part 110. Vessel owner/operators must use phosphate free and non-toxic soaps and detergents for any purpose if they will be discharged into waters subject to this permit. These detergents must be free from toxic or bioaccumulative compounds and not lead to extreme shifts in receiving water ph. Detergents used for discharge through the Graywater system needs to be phosphate free, this means that the products used with risk of discharge to the Graywater system cannot contain more than 0,5% phosphates as defined as phosphate free. The product we carry that contains more than 0,5% phosphates based on detergents and cleaners and cannot be used around US costal areas are: Product Application Usage in US costal waters** Reefer Cleaner Cleaning for refrigerated Cannot be used if product (EDP in 20 kg BiB) rooms will be discharged with (EDP in 25 kg) the Graywater Products not usable for Graywater discharge Used in its place ** Within 3 mile territorial US waters. Once outside the near costal area the Reefer Cleaner can be used as normal. 8

9 Graywater mixed with Sewage from Vessel If the Graywater is mixed with the Sewage from the vessel there are modifications to the regulation on discharge of Graywater. The regulation states the following: The commingled discharge of graywater mixed with sewage from vessels must comply with the effluent limits for graywater discharge in Part 2 or Part 5 of this permit if applicable. Though not a requirement of this permit, vessel owner/operators are advised that all discharges commingled with sewage must meet the requirements set forth in section 312 of the Clean Water Act and its implementing regulations found at 40 CFR Part 140 and 33 CFR Part 159. Hence, discharges of graywater mixed with sewage must meet both standards to be in compliance with the Clean Water Act. This means that when mixing Graywater and Sewage the regulation for the Graywater apply together with additional regulations for the Sewage. In relation to the phosphates only phosphate free products can be used also when the Graywater is mixed with the Sewage. Jonas Östlund Product Marketing Manager, Cleaning Oslo /