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Document ID ca-on-sbmunrcp-2023-01 Title Sewage Biosolids Managing Urban Nutrients Responsibly for Crop Production URL https://files.ontario.ca/omafra-sewage-biosolids-23-013-en-2023-03-10.pdf Jurisdiction /ca/on Subdomain(s) none Language Status completed Analyzed at 2026-05-12 05:23:47.767410+00:00 Relevance inventory_targeted_fetch

Q Qualitative Requirements (65)

Req ID Category Intent Legal Status Name Subdomain(s) Context Conditions Confidence
#Q001administrativeunknownmandatoryRetail Biosolids Compliancewastewater, agricultural waterIn Ontario, some sewage biosolids are offered for retail sale as a fertilizer or a supplement and must comply with the Fertilizers Act, 1985 , and Fertilizers Regulations.When sewage biosolids are offered for retail sale as a fertilizer or supplementhigh
#Q002administrativeunknownmandatoryWaste Activity Environmental Compliance Approvalwastewater, otherThe transportation, storage and disposal of waste, including land application of waste materials, requires an environmental compliance approval (ECA) issued by the Ministry of the Environment, Conservation and Parks (MECP).Applies to waste management activities unless specifically exempthigh
#Q003administrativeunknownguidanceWaste Transportation Registry AlternativewastewaterIn the case of transportation activities, parties may have the option to register as a waste transportation system under Environmental Activity Sector Registry (EASR) regulation O. Reg. 351/12 rather than have an ECA.During waste transportation activitieshigh
#Q004prohibitionoperationalmandatoryVegetated Buffer Zone Nutrient Restrictionsagricultural water, wastewaterNo person shall apply nutrients within the vegetated buffer zone except for an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of the vegetated buffer zone, in accordance with a determination of the concentration of plant-available phosphorus and plant-available potassium in the soil of the vegetated buffer zone in accordance with the Agronomy Guide for Field Crops and in such a manner that the agronomic balance does not exceed zeroApplication of commercial fertilizers within vegetated buffer zoneshigh
#Q005operationaloperationalmandatorySurface Water Setback Application Methodsagricultural water, wastewaterCommercial fertilizers can be applied within 13 m from the top of the bank of a surface water if the application is done in accordance with the NM regulation and at least one of the following conditions is satisfied: The materials are applied by injection or placement in a band below the soil surface. The materials are incorporated within 24 hr of application. The materials are applied to land covered with a living crop. The materials are applied to land with crop residue covering at least 30% of the soil, as determined in accordance with the Nutrient Management Protocol.When applying commercial fertilizers within 13 m of surface waterhigh
#Q006prohibitionoperationalmandatoryWinter Land-Application Prohibition for Human Body Wasteagricultural water, wastewaterIn addition, the NMA prohibits land-applying any nutrient that contains human body waste between December 1 and March 31, including commercial fertilizers derived from sewage biosolids. This prohibition applies to: any farm unit that is required to have a nutrient management strategy, nutrient management plan or NASM plan; any farm that has received anaerobic digestion output and any parcel where the number of farm animals on the farm unit is sufficient to generate more than 5 nutrient units of manure annuallyApplies between December 1 and March 31 to specified farm units and parcelshigh
#Q007administrativeunknownmandatoryNon-Agricultural Land Application Approvalwastewater, otherThe application of sewage biosolids that are not offered for retail sale but intended to be applied to land other than agricultural land (e.g., forested or land reclamation site) requires an ECA, as there are no exemptions for this activity under Part V of the EPA.When biosolids are applied to non-agricultural land such as forested or reclamation siteshigh
#Q008administrativeunknownmandatoryNASM Hauling Approvalwastewater, agricultural waterThe hauling of NASM from the generator site to a farm's NASM plan area does require an ECA or EASR.During the transportation of Non-Agricultural Source Material (NASM)high
#Q009administrativeunknownmandatoryApproved NASM Plan Compliancewastewater, agricultural waterAll on-farm storage and land application must occur in accordance with an approved NASM plan issued by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA).Applies to any on-farm storage and land application of NASMhigh
#Q010prohibitionoperationalmandatoryNASM Winter and Frozen Soil Prohibitionwastewater, agricultural waterSewage biosolids cannot be applied between December 1 and March 31 or anytime the soil is snow-covered or frozen, as defined in the NM regulation.Between December 1 and March 31, or when soil is snow-covered or frozenhigh
#Q011operationalaestheticmandatoryOC3 Odour Category NASM Application Timingwastewater, agricultural waterNASM with an OC3 odour category must be land-applied on the same day it is received at the farm.Applies to NASM classified as OC3 odour categoryhigh
#Q012reportingreportingmandatoryMOH Operation Notificationrecreational waterAll operators of public pools, spas, and Class C facilities shall notify the local medical officer of health (MOH) or PHI of commencement of operation, a minimum of 14 days prior to (re)opening to allow time for inspection.Applies prior to opening or reopening (after construction, alteration, or closure > 4 weeks)high
#Q013administrativeoperationalmandatoryWritten Permission to Operaterecreational waterA person who proposes to open or re-open a pool or spa for use as a public pool or public spa after construction or alteration shall not open or re-open the pool or spa without first obtaining permission in writing from the medical officer of health or a public health inspector for the health unit where the pool or spa is situate.Following construction or alterationhigh
#Q014administrativereportingmandatoryPosting of Inspection Resultsrecreational waterEvery operator of a public pool or public spa shall ensure that the results of any inspections conducted by a public health inspector are posted in accordance with the inspector's request.high
#Q015administrativeoperationalmandatoryDesignated Operator Requirementrecreational waterEvery owner of a public pool or public spa shall designate an operator.high
#Q016operationaloperationalmandatoryOperator Training Mandatoryrecreational waterEvery operator shall be trained in public pool and public spa operation and maintenance, filtration systems, water chemistry and all relevant safety and emergency procedures.high
#Q017prohibitionoperationalmandatoryAfter-Hours Inaccessibilityrecreational waterEvery owner and every operator shall ensure that except during the daily use period, the pool or spa is rendered inaccessible to persons who are not involved with its operation, inspection or maintenance.Outside of operating hourshigh
#Q018designunknownmandatoryPool Surface Colourrecreational waterin the case of a pool, the submerged surfaces are white or light in colour, except for markings for safety or competition purposes.high
#Q019operationaloperationalmandatoryClass A Admission Standardsrecreational waterEvery owner and every operator of a Class A pool shall ensure that there is a process in place to ensure a guardian or designated person supervises children under 10 years of age. The process must include a swimming competency test and a method of communicating the requirements of the process.Class A poolshigh
#Q020operationaloperationalmandatoryWading Pool Attendant Supervisionrecreational waterEvery operator of a public wading pool shall... ensure attendant supervision at all times that the public wading pool is in operationWading pools with water depths between 15cm-75cmhigh
#Q021administrativereportingmandatorySpray/Splash Pad Safety Signagerecreational waterEvery operator of a public spray pad or public splash pad shall post clearly visible signage in a conspicuous place notifying parents or guardians to supervise their children at all times when using the public spray pad or public splash pad.high
#Q022monitoringoperationalmandatorySafety Equipment Inspection Frequencyrecreational waterEvery operator of a facility to which this Regulation applies shall record the results of inspections of safety-related equipment present in the facility at a frequency determined by a public health inspector for the health unit where the facility is situate.high
#Q023operationaloperationalmandatoryFloatation Tank Safety Equipmentrecreational waterEvery owner and operator of a floatation tank shall, (a) provide a first aid kit, a device for emergency communications and emergency equipment which is appropriate for use in the floatation tank;Floatation tankshigh
#Q024administrativeoperationalmandatoryWading Pool Safety Plan (Exemption Case)recreational waterClause (1) (b) does not apply to a public wading pool with a water depth of 15cm or less if... the owner or operator has developed a written safety plan to be available to any person, including the local medical officer of health or designate upon requestWhen operating a wading pool depth <= 15cm without an attendanthigh
#Q025monitoringoperationalmandatoryDaily Emergency Phone Testrecreational waterEvery operator shall ensure, before the public pool or spa is opened for use each day, that, (a) in the case of a Class A pool, the emergency telephone required under clause (1) (a) is tested to confirm that the system is in operating condition; and (b) in the case of a Class B pool, the telephone required under clause (1) (b) is tested to confirm that it is in operating condition; and (c) in the case of a public spa, the telephone required under clause (1) (c) is tested to confirm that it is in operating condition.Before the public pool or spa is opened for use each dayhigh
#Q026designoperationalmandatoryClass B Buoy Line Requirementrecreational waterSubject to subsection (3), every owner and every operator of a public pool other than an owner or operator of a wave action pool, and every owner and operator of a public spa that has an inner horizontal dimension greater than three metres, shall ensure that there are provided in places conveniently located for emergency use, (c) in the case of a Class B pool that is in operation and has a slope of more than eight per cent, a buoy line;Class B pools in operation with a slope greater than 8%high
#Q027monitoringtreatmentmandatoryPre-opening Water Quality Testingrecreational waterEvery operator of a pool and spa shall manually test and record the required parameters 30 minutes prior to operating. This will verify that the facility's water parameters are within the correct range prior to bather use or will provide time to resolve any water quality issues.30 minutes prior to operatinghigh
#Q028treatmenttreatmentmandatoryFloatation Tank Filtration Standardsrecreational waterEvery owner and operator of a floatation tank shall... (d) provide a filtration system suitable to the tank design that is capable of ensuring the water has three turnovers of the tank between each bather;Floatation tankshigh
#Q029designaestheticmandatoryFloatation Tank Shower Facilitiesrecreational waterEvery owner and operator of a floatation tank shall... (e) provide shower facilities available for bathers to shower before and after using the floatation tank.Floatation tankshigh
#Q030operationaloperationalmandatoryPublic Pool First Aid Kit Contentsrecreational waterEvery owner and every operator of a public pool or public spa shall ensure that, subject to subsection (3), there is provided, in places conveniently located for emergency use, a first aid kit containing at a minimum, (a) a current copy of a standard first aid manual; (b) safety pins; (c) adhesive dressings individually wrapped; (d) sterile gauze pads, each 75 millimetres square; (e) 50 millimetre gauze bandages; (f) 100 millimetre gauze bandages; (g) sterile surgical pads suitable for pressure dressings individually wrapped; (h) triangular bandages; (i) rolls of splint padding; (j) at least one roll-up splint; (k) at least one pair of scissors; (l) non-permeable gloves, and (m) resuscitation pocket masks.Public pools and public spashigh
#Q031designoperationalmandatoryClass B Emergency Phone Proximityrecreational waterEvery owner and every operator shall ensure that, (b) in the case of a class B pool, a telephone for emergency use is accessible no farther than 30 metres from the pool.Class B poolshigh
#Q032administrativereportingmandatoryWading Pool Unsupervised Caution Noticerecreational waterthe following notice is printed in letters at least twenty-five millimetres high is displayed in a conspicuous location within the public wading pool enclosure: CAUTION THIS POOL IS UNSUPERVISED. BATHERS UNDER TWELVE YEARS OF AGE ARE NOT ALLOWED WITHIN THE PUBLIC WADING POOL ENCLOSURE UNLESS ACCOMPANIED BY A PARENT OR HIS OR HER AGENT WHO IS NOT LESS THAN SIXTEEN YEARS OF AGEWading pools with depth of 15cm or less operating without an attendanthigh
#Q033operationaloperationalmandatoryAquatic Instructor Certification Requirementsrecreational water1. Every aquatic instructor and every coach shall be at least 15 years of age and be a holder of an aquatic instructor certificate that is dated not more than two years prior to the date on which he or she is acting as an aquatic instructor or coach. 2. Every aquatic instructor and every coach shall be a holder of either a lifeguard certificate or an assistant lifeguard certificate that is dated not more than two years prior to the date on which he or she is acting as an aquatic instructor or coach.Pools used for aquatic instruction, practice, competition or displayhigh
#Q034monitoringreportingmandatoryFederal Agency Coastal Effect DeterminationotherI am a federal agency proposing to undertake an action. What do I need to do? 1. Determine if there are coastal effects. If so, consult with the state on enforceable policies. Next, submit consistency determination to the state.Federal agency proposing to undertake an actionhigh
#Q035reportingreportingmandatoryConsistency Determination Submission TimelineotherI am a federal agency. When should a consistency determination be submitted to the state? At least 90 days before a decision on the proposal.Federal agency actions with coastal effectshigh
#Q036administrativereportingmandatoryState Decision Timeline for Federal DeterminationsotherIssue a decision within 60 days (review can be extended an additional 15 days with notice to the agency). Provide public notice.State in receipt of a consistency determination or negative determination from a federal agencyhigh
#Q037reportingreportingmandatoryNon-Federal Applicant Certification SubmissionotherSubmit consistency certification to the state and authorizing federal agency.Non-federal applicant for a federal license or permit listed on the state's consistency listhigh
#Q038prohibitionoperationalmandatoryFederal Authorization WithholdingotherIf your license or permit is listed, withhold authorization to conduct activity until CZMA review process has been completed.Authorizing federal agency for a license or permit on the state's consistency listhigh
#Q039reportingreportingmandatoryState Status Response TimelineotherMust issue a status response in three months for Subparts D and E.State in receipt of a consistency certification from an applicant for a federal license or permithigh
#Q040administrativeoperationalmandatoryObjection Appeal DeadlineotherIf an applicant chooses to appeal, it must file an appeal with the Secretary of Commerce within 30 days of the state's objection.Applicant seeking to override a state's objection to a consistency certificationhigh
#Q041reportingreportingmandatoryFinancial Assistance Consistency CertificationotherIf the funding program is listed, submit consistency certification to the state.State agency or local government applicant for federal financial assistancehigh
#Q042prohibitionoperationalmandatoryFinancial Assistance Funds WithholdingotherIf your funding program is listed, withhold the release of funds until the CZMA review process has been completed.Federal agency making financial assistance awards to state or local governmentshigh
#Q043administrativereportingmandatoryState Financial Assistance Decision TimelineotherIssue a decision in accordance with state-specific timeframes (30-60 days).State reviewing a consistency certification for federal financial assistancehigh
#Q044administrativeoperationalmandatoryGeneral Coastal Consistency ObligationotherThe Coastal Zone Management Act (CZMA) requires that all federal actions that may have reasonably foreseeable effects on the uses or resources of a state's coastal zone be consistent with the enforceable policies of the state's coastal management program.Federal actions with reasonably foreseeable effects on coastal uses or resourceshigh
#Q045administrativereportingmandatoryNegative Determination AssessmentotherIf there are no coastal effects, determine if a negative determination is required. See 15 CFR § 930.35.Federal agency action with no identified coastal effectshigh
#Q046reportingoperationalmandatoryNotice of Intent to Proceed Over Objectionotherit may proceed over a state's objection after notifying the state in writing.Federal agency proceeding over a state objection after determining consistency to maximum extent practicablehigh
#Q047administrativeoperationalmandatoryConsistency List VerificationotherCheck the state's federal consistency list of licenses and permits at coast.noaa.gov/czm/consistency/states .Non-federal applicant or authorizing federal agency for a license or permithigh
#Q048administrativeoperationalmandatoryEnforceable Policy ConsultationotherIf the license or permit you are working under is listed, consult with the state on enforceable policies.Activity is listed on the state's federal consistency listhigh
#Q049administrativereportingmandatoryLicense/Permit State Public NoticeotherProvide public notice or require applicant to do so.State in receipt of consistency certification for federal license or permithigh
#Q050administrativereportingmandatoryLicense/Permit Final Decision DeadlineotherIssue a decision within six months.State in receipt of consistency certification for federal license or permithigh
#Q051operationaloperationalmandatoryGeneral Discharge Minimizationwastewater, aquatic lifeMinimize discharges through management practices including but not limited to storage onboard the vessel, proper storage or transfer of materials, or reduced production of discharge.Any discharge incidental to the normal operation of a vessel subject to regulation under this parthigh
#Q052operationaloperationalmandatoryUnderway Discharge Requirementwastewater, aquatic lifeDischarge while underway when practicable and as far from shore as practicable.Standard operating practice for incidental dischargeshigh
#Q053prohibitiontreatmentmandatoryMaterial Addition ProhibitionwastewaterAddition of any materials to a discharge, other than for treatment of the discharge, that is not incidental to the normal operation of the vessel is prohibited.high
#Q054administrativeoperationalmandatoryBiofouling Management Planaquatic life, otherA biofouling management plan must be developed to minimize the discharge of biofouling organisms.Plan elements must prioritize procedures and strategies to prevent macrofoulinghigh
#Q055prohibitionoperationalmandatorySpent Oil Discharge ProhibitionwastewaterThe discharge of used or spent oil no longer being used for its intended purpose is prohibited.high
#Q056administrativeoperationalmandatoryBallast Water Management Planwastewater, aquatic lifeMaintain a ballast water management plan that addresses both the uptake and discharge of ballast water.Applicable to any vessel equipped with one or more ballast tankshigh
#Q057operationaltreatmentmandatoryBallast Tank Cleaning and Sediment Prohibitionwastewater, aquatic lifePeriodically clean ballast tanks to remove sediment. Discharge of sediment from ballast tank cleaning is prohibited.high
#Q058operationaloperationalmandatoryAnchor Chain Rinsingaquatic life, otherAnchors and anchor chains must be rinsed of biofouling organisms and sediment when the anchor is retrieved.Required when anchor is retrievedhigh
#Q059prohibitionoperationalmandatoryFluorinated Firefighting Foam ProhibitionwastewaterThe discharge of fluorinated firefighting foam is prohibited unless required for certification or inspection under 46 CFR 31.10 through 31.18(c), 46 CFR 107.235(b)(4), or by the marine inspector to ensure vessel safety and seaworthiness.Exception for required USCG safety/certification activitieshigh
#Q060prohibitionoperationalmandatoryMacrofouling In-Water Cleaning Prohibitionaquatic life, otherAny discharge from in-water cleaning without capture of macrofouling is prohibited.Applicable to hulls and niche areashigh
#Q061prohibitiontreatmentmandatoryDilution ProhibitionwastewaterDilution of any discharge for the purpose of meeting any standard in this part is prohibited.high
#Q062operationaloperationalmandatoryEAL for Oil-to-Sea InterfaceswastewaterAn environmentally acceptable lubricant (EAL) must be used in any oilto-sea interface unless such use is technically infeasible.Unless technically infeasiblehigh
#Q063prohibitionoperationalmandatoryHarmful Oil Discharge ProhibitionwastewaterThe discharge of oil in such quantities as may be harmful is prohibited.high
#Q064designtreatmentmandatoryNew Laker BWMS Requirementwastewater, aquatic lifeAny new Laker equipped with ballast tanks must install, operate, and maintain a BWMS that has been typeapproved by the USCG.Applicable to any new Laker equipped with ballast tankshigh
#Q065prohibitionoperationalmandatoryProtected Waters Bilge ProhibitionwastewaterFor any vessel of 400 GT and above, the discharge of bilgewater into federally-protected waters is prohibited.Vessels of 400 GT and above operating in federally-protected watershigh

P Quantitative Requirements (6)

Req ID Category Intent Legal Status Name Subdomain(s) Limit Type Limit Value Context Conditions Confidence
#P001operationalhealthmandatorySetback from non-municipal water wellwastewaterrequirement>= 3 mNo person shall apply commercial fertilizer to land closer than 3 m to a water well that is not a municipal well.When managed as a commercial fertilizer.high
#P002operationalhealthmandatorySetback from municipal water wellwastewaterrequirement>= 100 mNo person shall apply commercial fertilizer to land closer than 100 m to a municipal well.When managed as a commercial fertilizer.high
#P003operationaloperationalmandatorySetback from surface water bankwastewaterrequirement13 mCommercial fertilizers can be applied within 13 m from the top of the bank of a surface water if the application is done in accordance with the NM regulation and specific conditions are satisfied.Allowed if materials are injected/placed below surface, incorporated within 24 hr, applied to land covered with living crop, or applied to land with crop residue covering at least 30% of soil.high
#P004operationaloperationalmandatoryCrop residue coveringwastewater, otherrequirement>= 30 %The materials are applied to land with crop residue covering at least 30% of the soil, as determined in accordance with the Nutrient Management Protocol.One of the conditional requirements for applying within 13 m of surface water.high
#P005operationaloperationalmandatoryFarm animal nutrient units thresholdwastewaterrequirement> 5 nutrient unitsany parcel where the number of farm animals on the farm unit is sufficient to generate more than 5 nutrient units of manure annuallyTriggers the prohibition of applying any nutrient that contains human body waste between December 1 and March 31.high
#P006operationaloperationalmandatoryNASM application rateswastewaterMAC<= 22 tonnes/haNASM application rates must not exceed plant-available nitrogen or phosphate limits specified in the NM regulation, whichever is the most restrictive, but also must not exceed 22 tonnes/ha, calculated on a dry weight basis, in any 5-year period.When managed as a Non-Agricultural Source Material (NASM). Rate applied over any 5-year period.high

D Definitions (113)

Req ID Category Name Context Confidence
#D001Active discharge of biofoulingmeans the discharge of biofouling from a vessel resulting from in-water cleaning activities.high
#D002Administratormeans the Administrator of the Environmental Protection Agency.high
#D003Anti-fouling coatingmeans a coating or paint designed to prevent, repel, or facilitate the detachment of biofouling from hull and niche areas that are typically or occasionally submerged.high
#D004Anti-fouling systemmeans a coating, paint, surface treatment, surface, or device that is used on a vessel to control or prevent attachment of organisms.high
#D005Aquatic nuisance species (ANS)means a nonindigenous species that threatens the diversity or abundance of a native species; the ecological stability of waters of the United States or the waters of the contiguous zone; or a commercial, agricultural, aquacultural, or recreational activity that is dependent on waters of the United States or the waters of the contiguous zone.high
#D006Ballast tankmeans any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose.high
#D007Ballast watermeans any water, to include suspended matter and other materials taken onboard a vessel, to control or maintain trim, draft, stability, or stresses of the vessel, regardless of the means by which any such water or suspended matter is carried; or taken onboard a vessel during the cleaning, maintenance, or other operation of a ballast tank or ballast water management system of the vessel. The term does not include any substance that is added to that water that is directly related to the operation of a properly functioning ballast water management system.high
#D008Ballast water exchangemeans the replacement of ballast water in a ballast tank using one of the following methods: (1) Flow-through exchange, in which ballast water is flushed out by pumping in midocean water at the bottom of the tank if practicable, and continuously overflowing the tank from the top, until three full volumes of tank water have been changed. (2) Empty and refill exchange, in which ballast water is pumped out until the pump loses suction, after which the ballast tank is refilled with water from the midocean.high
#D009Ballast water management system (BWMS)means any marine pollution control device (including all ballast water treatment equipment, ballast tanks, pipes, pumps, and all associated control and monitoring equipment) that processes ballast water to kill, render nonviable, or remove organisms; or to avoid the uptake or discharge of organisms.high
#D010Bioaccumulativemeans the failure to meet one or more of the criteria established in the definition of not bioaccumulative.high
#D011Biofoulingmeans the accumulation of aquatic organisms, such as microorganisms, plants, and animals, on surfaces and structures immersed in or exposed to the aquatic environment.high
#D012Broom cleanmeans a condition in which care has been taken to prevent or eliminate any visible concentration of tank or cargo residues, so that any remaining tank or cargo residues consist only of dust, powder, or isolated and random pieces, none of which exceeds one inch in diameter.high
#D013Captain of the Port (COTP) Zonemeans such zone as established by the Secretary or Commandant of the Coast Guard pursuant to sections 501, 503, and 504 of title 14, United States Code, as reorganized in Title I of the Frank LoBiondo Coast Guard Authorization Act of 2018).high
#D014Constructedwith respect to a vessel means a stage of construction when one of the following occurs: (1) The keel of a vessel is laid; (2) Construction identifiable with the specific vessel begins; (3) Assembly of the vessel has commenced and comprises at least 50 tons or 1 percent of the estimated mass of all structural material, whichever is less; or (4) The vessel undergoes a major conversion.high
#D015Contiguous zonemeans the entire zone established by the United States under Article 24 of the Convention on the Territorial Sea and the Contiguous Zone.high
#D016Dischargemeans discharge incidental to the normal operation of a vessel as defined in this section.high
#D017Empty ballast tankmeans a tank that has previously held ballast water that has been drained to the limit of the functional or operational capabilities of the tank (such as loss of pump suction); is recorded as empty on a vessel log; and may contain unpumpable residual ballast water and sediment.high
#D018Environmentally acceptable lubricant (EAL)means a lubricant or hydraulic fluid, including any oil or grease, that is ''biodegradable,'' ''minimally-toxic,'' and ''not bioaccumulative,'' as these terms are defined in this section.high
#D019Exclusive Economic Zone (EEZ)means the area established by Presidential Proclamation Number 5030, dated March 10, 1983, that extends from the base line of the territorial sea of the United States seaward 200 nautical miles, and the equivalent zone of Canada.high
#D020Existing vesselmeans a vessel constructed, or where construction has begun, prior to the date identified in regulations promulgated by the Secretary as described in § 139.1(e).high
#D021Ferrymeans a vessel that is used on a regular schedule to: (1) Provide transportation only between places than are not more than 300 miles apart; and (2) Transport only: (i) Passengers; or (ii) Vehicles or railroad cars that are being used, or have been used, in transporting passengers or goods.high
#D022Fire protection equipmentincludes all components used for fire protection including but not limited to firemain systems, sprinkler systems, extinguishers, and firefighting agents such as foam.high
#D023Graywatermeans drainage from galley, shower, laundry, bath, water fountain, and sink drains, and other similar sources.high
#D024Great Lakesmeans Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels.high
#D025Great Lakes Statemeans any of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.high
#D026Gross register tonnage (GRT)means the gross tonnage measurement of the vessel under the Regulatory Measurement System.high
#D027Gross tonnage (GT)means the gross tonnage measurement of the vessel under the Convention Measurement System.high
#D028Impaired waterbodymeans a waterbody identified by a State, tribe, or EPA pursuant to section 303(d) of the CWA as not meeting applicable State or Tribal water quality standards (these waters are called ''water quality limited segments'' under 40 CFR 130.2(j)) and includes both waters with approved or established Total Maximum Daily Loads (TMDLs) and those for which a TMDL has not yet been approved or established.high
#D029Internal watersmeans: (1) With respect to the United States, the waters shoreward of the territorial sea baseline, including waters of the Great Lakes extending to the maritime boundary with Canada; and (2) With respect to any other nation, the waters shoreward of its territorial sea baseline, as recognized by the United States.high
#D030In-water cleaning with capture (IWCC)means the use and operation of a cleaning system for vessel surfaces that is designed to capture and transport coatings and biofouling organisms to an adjacent barge or shore-based facility for collection and processing.high
#D031In-water cleaning without capturemeans any in-water cleaning of vessel surfaces that does not use in-water cleaning with capture.high
#D032Biodegradablefor the following classes of substances, means (all percentages are on a weight/weight concentration basis): (1) For oils: At least 90% of the formulation (for any substances present above 0.1%) demonstrates, within 28 days, either the removal of at least 70% of dissolved organic carbon (DOC), production of at least 60% of the theoretical carbon dioxide, or consumption of at least 60% of the theoretical oxygen demand). Up to 5% of the formulation may be nonbiodegradable but may not be bioaccumulative. The remaining 5% must be inherently biodegradable. (2) For greases: At least 75% of the formulation (for any substances present above 0.1%) demonstrates, within 28 days, either the removal of at least 70% of DOC, production of at least 60% of the theoretical carbon dioxide, or consumption of at least 60% of the theoretical oxygen demand). Up to 25% of the formulation may be nonbiodegradable or inherently biodegradable but may not be bioaccumulative. (3) For soaps, cleaners, and detergents: A product that demonstrates, within 28 days, either the removal of at least 70% of DOC, production of at least 60% of the theoretical carbon dioxide, or consumption of at least 60% of the theoretical oxygen demand. (4) For biocides: A compound or mixture that, within 28 days, demonstrates removal of at least 70% of DOC and production of at least 60% of the theoretical carbon dioxide.high
#D033Commercial vesselmeans, except as the term is used in § 139.10(g), any vessel used in the business of transporting property for compensation or hire, or in transporting property in the business of the owner, lessee, or operator of the vessel. As used in § 139.10(g), the term commercial vessel means a vessel operating between: (1) Two ports or places of destination within the Pacific Region; or (2) A port or place of destination within the Pacific Region and a port or place of destination on the Pacific Coast of Canada or Mexico north of parallel 20 degrees north latitude, inclusive of the Gulf of California.high
#D034Discharge incidental to the normal operation of a vesselmeans a discharge, including: (1) Graywater, bilgewater, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a protective, preservative, or absorptive application to the hull of the vessel; and (2) A discharge in connection with the testing, maintenance, and repair of a system described in clause (1): (i) Whenever the vessel is waterborne; and does not include: (A) A discharge of rubbish, trash, garbage, or other such material discharged overboard; (B) An air emission resulting from the operation of a vessel propulsion system, motor driven equipment, or incinerator; or (3) A discharge that is not covered by § 122.3 of this chapter (as in effect on February 10, 1996).high
#D035Discharge of oil in such quantities as may be harmfulmeans any discharge of oil, including an oily mixture, in such quantities identified in 40 CFR 110.3 and excluding those discharges specified in 40 CFR 110.5.high
#D036Federally-protected watersmeans any waters of the United States or the waters of the contiguous zone subject to Federal protection, in whole or in part, for conservation purposes, located within any area listed in appendix A, as designated under: (1) National Marine Sanctuaries designated under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq. ); (2) Marine National Monuments designated under the Antiquities Act of 1906; (3) A unit of the National Park System, including but not limited to National Preserves and National Monuments, designated by the National Park Service within the U.S. Department of the Interior; (4) A unit of the National Wildlife Refuge System, including Wetland Management Districts, Waterfowl Production Areas, National Game Preserves, Wildlife Management Areas, and National Fish and Wildlife Refuges designated under the National Wildlife Refuge System Administration Act of 1966 as amended by the National Wildlife Refuge System Improvement Act of 1997; (5) National Wilderness Areas designated under the Wilderness Act of 1964 (16 U.S.C. 1131–1136); and (6) Any component designated under the National Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1273.high
#D037Inherently biodegradablemeans the property of being able to be biodegraded when subjected to sunlight, water, and naturally occurring microbes to the following level: greater than 70% biodegraded after 28 days using Organization for Economic Cooperation and Development (OECD) Test Guidelines 302C or greater than 20% but less than 60% biodegraded after 28 days using OECD Test Guidelines 301 A–F.high
#D038Live or livingnotwithstanding any other provision of law (including regulations), does not: (1) Include an organism that has been rendered nonviable; or (2) Preclude the consideration of any method of measuring the concentration of organisms in ballast water that are capable of reproduction.high
#D039Macrofoulingmeans biofouling caused by the attachment and subsequent growth of visible plants and animals on surfaces and structures immersed in or exposed to the aquatic environment. Macrofouling includes large, distinct multicellular individual or colonial organisms visible to the human eye, such as barnacles, tubeworms, mussels, fronds/filaments of algae, bryozoans, sea squirts, and other large attached, encrusting, or mobile organisms.high
#D040Major conversionmeans a conversion of an existing vessel: (1) That substantially alters the dimensions or carrying capacity of the vessel; or (2) That changes the type of the vessel; or (3) The intent of which, in the opinion of the government of the country under whose authority the vessel is operating, is substantially to prolong its life; or (4) Which otherwise so alters the vessel that, if it were a new vessel, it would become subject to relevant provisions of the International Convention for the Prevention of Pollution from Ships (MARPOL) not applicable to it as an existing vessel.high
#D041Marine Growth Prevention System (MGPS)means an anti-fouling system used for the prevention of biofouling accumulation in seawater piping systems and sea chests.high
#D042Marine Inspectormeans any person from the civilian or military branch of the Coast Guard assigned under the superintendence and direction of an Officer in Charge, Marine Inspection, or any other person as may be designated for the performance of duties with respect to inspection, enforcement, and administration of Subtitle II of Title 46, United States Code, Title 46 and Title 33 United States Code, and regulations issued under these statutes.high
#D043Marine pollution control device (MPCD)means any equipment or management practice (or combination of equipment and management practice) for installation and use onboard a vessel that is: (1) Designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel; and (2) Determined by the Administrator and the Secretary to be the most effective equipment or management practice (or combination of equipment and a management practice) to reduce the environmental impacts of the discharge, consistent with the factors considered in developing the standards in this part.high
#D044Mastermeans the officer having command of a vessel.high
#D045Microfoulingmeans biofouling caused by bacteria, fungi, microalgae, protozoans, and other microscopic organisms on structures and surfaces immersed in or exposed to the aquatic environment that creates a biofilm, also called a slime layer.high
#D046Midoceanmeans greater than 200 nautical miles (NM) from any shore, except when a ballast water exchange or saltwater flush outside of 50 NM is authorized in this part, then it means greater than 50 NM from any shore.high
#D047Minimally-toxicmeans, for lubricants (all percentages are on a weight/weight basis): (1) If both the complete formulation and the main constituents (that is constituents making up greater than or equal to 5% of the complete formulation) are evaluated, then the acute aquatic toxicity of lubricants, other than greases and total loss lubricants, must be at least 100 mg/L and the LC50 of greases and total loss lubricants must be at least 1000 mg/L; or (2) If each constituent is evaluated, rather than the complete formulation and main constituents, then for each constituent present above 0.1%: up to 20% of the formulation can have an LC50 greater than 10 mg/L but less than 100 mg/L and an NOEC greater than 1 mg/L but less than 10 mg/L; up to 5% of the formulation can have an LC50 greater than 1 mg/L but less than 10 mg/L and an NOEC greater than 0.1 mg/L but less than 1 mg/L; and up to 1% of the formulation can have an LC50 less than 1 mg/L and an NOEC less than 0.1 mg/L.high
#D048Minimally-toxic, phosphate-free, and biodegradablemeans properties of a substance or mixture of substances that: (1) Have an acute aquatic toxicity value corresponding to a concentration greater than 10 ppm; (2) Do not produce residuals with an LC50 less than 10 ppm; (3) Are not bioaccumulative; (4) Do not cause the pH of the receiving water to go below 6.0 or above 9.0; (5) Contain, by weight, 0.5% or less of phosphates or derivatives of phosphate; and (6) Are biodegradable.high
#D049Minimizemeans to reduce or eliminate to the extent achievable using any control measure that is technologically available and economically practicable and achievable and supported by demonstrated best management practices such that compliance can be documented in shipboard logs and plans.high
#D050New ferrymeans a ferry that is constructed after the effective date of USCG regulations promulgated pursuant to CWA section 312(p)(5)(A)(i).high
#D051New Lakermeans a vessel 3,000 GT and above, and that operates exclusively in the Great Lakes and the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to Pointe-de-l’Ouest (West Point), Anticosti Island, and west of a line along 63 ° W longitude from Anticosti Island to the north shore of the St. Lawrence River, and constructed after the effective date of USCG regulations promulgated pursuant to CWA section 312(p)(5)(A)(i).high
#D052Niche areasmeans a subset of the submerged surface area on a vessel that may be more susceptible to biofouling than the main hull due to structural complexity, different or variable hydrodynamic forces, susceptibility to anti-fouling coating wear or damage, or inadequate or no protection by an antifouling system.high
#D053Not bioaccumulativemeans any of the following: (1) The partition coefficient in the marine environment is log KOW less than 3 or greater than 7; (2) The molecular mass is greater than 800 Daltons; (3) The molecular diameter is greater than 1.5 nanometer; (4) The bioconcentration factor (BCF) or bioaccumulation factor (BAF) is less than 100 L/kg; or (5) The polymer with molecular weight fraction below 1,000 g/mol is less than 1%.high
#D054Oilmeans oil of any kind or in any form, including but not limited to any petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.high
#D055Oily mixturemeans a mixture, in any form, with any oil content, including but not limited to: (1) Slops from bilges; (2) Slops from oil cargoes (such as cargo tank washings, oily waste, and oily refuse); (3) Oil residue; and (4) Oily ballast water from cargo or fuel oil tanks.high
#D056Oil-to-sea interfacemeans any seal or surface on shipboard equipment where the design is such that oil or oily mixtures can escape directly into surrounding waters. Oil-to-sea interfaces are found on equipment that is subject to submersion as well as equipment above the surface line that extends overboard or is mounted to the exterior of the hull.high
#D057Organismmeans an animal, including fish and fish eggs and larvae; a plant; a pathogen; a microbe; a virus; a prokaryote (including any archean or bacterium); a fungus; and a protist.high
#D058Pacific Regionmeans any Federal or State water adjacent to the State of Alaska, California, Hawaii, Oregon, or Washington; and extending from shore. The term includes the entire exclusive economic zone (as defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) adjacent to each Pacific Region State identified herein.high
#D059Passenger vesselmeans a vessel of at least 100 gross tons: (1) Carrying more than 12 passengers, including at least one passenger for hire; (2) That is chartered and carrying more than 12 passengers; (3) That is a submersible vessel carrying at least one passenger for hire; or (4) That is a ferry carrying a passenger.high
#D060Passive discharge of biofoulingmeans the discharge of biofouling from a vessel (for example, sloughing) during a period in which the vessel is not undergoing active cleaning activities.high
#D061Port or place of destinationmeans a port or place to which a vessel is bound to anchor, to moor, or be otherwise secured.high
#D062Reception facilityrefers to any fixed, floating, or mobile facility capable of receiving wastes and residues from vessels and fit for that purpose.high
#D063Render nonviablemeans, with respect to an organism in ballast water, the action of a ballast water management system that renders the organism permanently incapable of reproduction following treatment.high
#D064Saltwater flushmeans the addition of as much midocean water into each empty ballast tank of a vessel as is safe for the vessel and crew; and the mixing of the flush water with residual ballast water and sediment through the motion of the vessel; and the discharge of that mixed water, such that the resultant residual water remaining in the tank has the highest salinity possible; and is at least 30 parts per thousand. A saltwater flush may require more than one fill-mix-empty sequence, particularly if only small quantities of water can be safely taken onboard a vessel at one time.high
#D065Seagoing vesselmeans a vessel in commercial service that operates beyond either the boundary line established by 46 CFR part 7 or the St. Lawrence River west of a rhumb line drawn from Cap des Rosiers to Pointe-de-l’Ouest (West Point), Anticosti Island, and west of a line along 63 ° W longitude from Anticosti Island to the north shore of the St. Lawrence River. It does not include a vessel that navigates exclusively on internal waters.high
#D066Seawater piping systemmeans a system onboard a vessel that provides seawater for other vessel uses (e.g., ballast, engines, hydraulic systems, firefighting capacity, cleaning equipment, air conditioning, refrigeration, toilet systems) and includes any sea chest, grate, and similar appurtenances (e.g., strainers, filters, valves). Some components of a seawater piping system including sea chests, sea inlet pipes, and overboard discharges are also considered niche areas.high
#D067Secretarymeans the Secretary of the department in which the United States Coast Guard (USCG) is operating.high
#D068Small vessel or fishing vesselmeans a vessel with a vessel length that is less than 79 feet; or a fishing vessel, fish processing vessel, or fish tender vessel (as those terms are defined in section 2101 of title 46, United States Code), regardless of the vessel length.high
#D069Toxic or hazardous materialsmeans any toxic pollutant as defined in 40 CFR 401.15 or any hazardous material as defined in 49 CFR 171.8.high
#D070Underwaymeans a vessel is not at anchor, or made fast to the shore, or aground.high
#D071Vessel General Permit (VGP)means the permit that is the subject of the notice of final permit issuance entitled ‘‘Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel’’ (Federal Register publication on April 12, 2013).high
#D072Vessel lengthmeans the horizontal distance between the foremost part of a vessel’s stem to the aftermost part of its stern, excluding fittings and attachments.high
#D073Visible sheenmeans, with respect to oil and oily mixtures, a silvery or metallic sheen or gloss, increased reflectivity, visual color, iridescence, or an oil slick on the surface of the water.high
#D074Voyagemeans any transit by a vessel traveling from or destined for any United States port or place.high
#D075Clean Water Act (CWA)The Federal Water Pollution Control Act (FWPCA) is commonly referred to as the CWA following the 1977 amendments to the FWPCA.high
#D076Vessel Incidental Discharge Act (VIDA)The Frank LoBiondo Coast Guard Authorization Act of 2018, which included the VIDA.high
#D077incidental discharges (discharges)Discharges incidental to the normal operation of a vessel, as defined in 33 U.S.C. 1322(a)(12).high
#D078best available technology economically achievable (BAT)application of the ''best available technology economically achievable [BAT] for such category or class . . .'' 33 U.S.C. 1311(b)(2)(A).high
#D079best conventional pollutant control technology (BCT)best conventional pollutant control technology [BCT],'' but only for certain ''conventional pollutants'' ( i.e., BOD, TSS, oil and grease, fecal coliform, and pH).high
#D080best practicable control technology currently available (BPT)the application of the best practicable control technology currently available [BPT] as defined by the Administrator . . .high
#D081best management practice (BMP)a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the waters of the United States or the waters of the contiguous zone. Further, the term ''best management practice'' includes any treatment requirement, operating procedure, or practice to control vessel runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.high
#D082bilgewaterthe discharge of wastewater from the bilge consisting of water and residue that accumulates in a lower compartment of the vessel's hull below the waterline. This includes, but is not limited to, any water and residue from a cargo area that comes into contact with oily materials or a belowdeck parking area or other storage area for motor vehicles or other motorized equipment.high
#D083boiler blowdownthe discharge of water and constituents from the boiler during regular intervals to avoid concentration of impurities and at intermittent intervals for cleaning or other purposes.high
#D084fish holdthe area where fish are kept once caught and kept fresh during the remainder of the vessel's voyage before being offloaded to shore or another tender vessel.high
#D085incompatible materialssubstances which, if mixed, will create hazards greater than posed by the individual substanceshigh
#D086conventional pollutantsBOD, TSS, fecal coliform, and pH, and any additional pollutants defined by the Administrator as conventional [including oil and grease].high
#D087toxic pollutantsthose outlined in CWA section 307(a) and subsequently identified in EPA regulations at 40 CFR 401.15 and 40 CFR part 423 appendix A.high
#D088nonconventional pollutantsAll other pollutants ... including aquatic nuisance species.high
#D089navigable watersthe waters of the United States including inland waters and the territorial seas, where the United States includes the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands.high
#D090territorial seasthe belt of seas that extends three miles seaward from the line of ordinary low water along the portion of the coast in direct contact with the open sea and the line marking the seaward limit of inland waters.high
#D091shorethe line of ordinary low water referenced in the foregoing definition for ''territorial seas.''high
#D092Preventative in-water cleaning (proactive cleaning)the frequent, gentle cleaning of the vessel hull and appendages to prevent or reduce the attachment and growth of macrofouling, with minimal impacts to the anti-fouling system.high
#D093advanced wastewater treatment systems (AWTSs)sophisticated marine sanitation devices.high
#D094no-discharge zones (NDZs)complete prohibition of one or more types of vessel discharges regulated by this rule into specified waters to provide greater environmental protection.high
#D095Lakerscommercial vessels operating solely within the Great Lakes and Lake Champlain Systems.high
#D096sheenan iridescent appearance on the surface of the water.high
#D097dedicated vessel combinationincludes an integrated or articulated tug barge (ATB) unit consisting of two separate vessels that operate in tandem, always together.high
#D098emergency orderpetition EPA to require the use of an emergency best management practice to address aquatic nuisance species (ANS) or water quality concernshigh
#D099Integrated or articulated tug barge (ATB)Integrated or articulated tug barge (ATB)high
#D100tributyltin (TBT)tributyltin (TBT)high
#D101per- and poly-fluoroalkyl substances (PFAS)per- and poly-fluoroalkyl substances (PFAS)high
#D102National Pollutant Discharge Elimination System (NPDES)National Pollutant Discharge Elimination System (NPDES)high
#D103Nonindigenous Aquatic Nuisance Prevention and Control Act (NANPCA)Nonindigenous Aquatic Nuisance Prevention and Control Act (NANPCA)high
#D104Act to Prevent Pollution from Ships (APPS)Act to Prevent Pollution from Ships (APPS)high
#D105oil content monitor (OCM)oil content monitor (OCM)high
#D106International Maritime Organization (IMO)International Maritime Organization (IMO)high
#D107exhaust gas cleaning systems (EGCSs)systems used primarily to remove SOX from marine exhaust, commonly referred to as ‘‘scrubbers.’’high
#D108exhaust gas recirculation (EGR) systemssystems used to reduce NOX emissions in marine exhaust by cooling part of the engine exhaust gas and then redirecting it back to the engine air intake.high
#D109open-loop systemssystems that remove contaminants from marine exhaust by running the exhaust through seawater sourced from outside the vessel and then discharging the resulting washwater back out to sea.high
#D110closed-loop systemssystems that use freshwater and inject caustic soda to neutralize the exhaust, where a small portion of washwater is bled off and treated to remove suspended solids.high
#D111hybrid scrubberssystems that can operate either in open- or closed-loop mode.high
#D112Pathogensbacteria, viruses, and other microorganisms that can cause disease.high
#D113International Convention for the Prevention of Pollution from Ships (MARPOL 73/78)an international treaty that regulates certain discharges from vessels.high