MPCA Ballast Water Discharge Permit - Relation to EPA VGP Review

On September 24, 2008, the MPCA issued a general permit for commercial vessels that discharge ballast water into Lake Superior and its harbors. MPCA requires vessel owners and operators prepare and submit ballast water and sediment management plan for approval as part of the general permit application package. The permit does not currently require treatment of wastewater discharges; however, treatment will be required in the future. For vessels built prior to January 1, 2012, ballast water treatment systems will need to be installed and operational by January 1, 2016. For vessels constructed after January 1, 2012, ballast water treatment systems will need to be installed and operational prior to commencement of operation in Minnesota state waters of Lake Superior.

Subsequently, in December 2008, US EPA released a general permit for cargo vessels entering the Great Lakes or other US waters from overseas that includes rules for 26 types of discharges. Beginning on February 6, 2009, vessels ranging from large cruise ships to barges, tankers and many recreational vessels have to obtain permit coverage meet certain requirements under the terms of the Vessel General Permit (VGP).

One of the key goals of the permit program is to control the spread of invasive species. Ballast water is a leading pathway for the spread of zebra mussels and other non-native aquatic species, which can displace native species and result in significant damage.

Recently, EPA has indicated that the agency now plans to reconsider the VGP. The agency believes the general permit may do too little to prevent cargo ships from spreading invasive species. Environmental groups also sued EPA in February 2009, saying the permit did not meet requirements of the Clean Water Act. They want vessels to install systems for sterilizing tanks to control invasive species.

Minnesota set up its own discharge permit program prior to the EPA completed its VGP. However, the MPCA permit does incorporate requirements for wastewater treatment; lack of treatment requirements was a significant concern prompting EPA to review the VGP. The MPCA has brought a legal challenge, however, the basis for the suit relates to antidegradation requirements – whether or not MPCA has met its rules to issue an NPDES permit for “new or expanded” discharges to Lake Superior.

[Read more about Antidegradation Policies]


Caltha LLP provides specialized expertise to clients nationwide in the evaluation and use of ambient water quality criteria, site-specific water quality standards, and permit limits. Caltha staff have prepared national Ambient Water Quality Criteria for US EPA and provide expert resources for permittees and/or their technical consultants as they address State and Federal water quality standards.

Caltha LLP Aquatic Toxicology - Water Quality Standards Webpage

For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
Website: http://www.calthacompany.com/

Two Minnesota offices - Minneapolis and Pine River