“Environmentally Acceptable Lubricants” means lubricants that are “biodegradable” and “minimally toxic” and are “not bioaccumulative” as defined in Appendix A [of the VGP]” [VGP 2.2.9, p47].
“EPA notes that any lubricant meeting the operational needs of vessel owner/operators and the definition of EALs given in the permit can be used as an EAL. The definition of EAL hinges on biodegradability, toxicity, and bioaccumulation.” [Response, p1014]
Detailed definitions of each term are:
“Biodegradable” means the following for purposes of the VGP:
Regarding environmentally acceptable lubricants and greases, biodegradable means lubricant formulations that contain at least 90% (w/w (weight in weight concentration)) or grease formulations that contain at least 75% (w/w) of a constituent substance or constituent substances (only stated substances present above 0.10% shall be assessed) that each demonstrate either the removal of at least 70 percent of dissolved organic carbon, production of at least 60 percent of the theoretical carbon dioxide, or consumption of at least 60 percent of the theoretical oxygen demand within 28 days. Acceptable test methods include: Organization for Economic Co-operation and Development Test Guidelines 301 A-F, 306, and 310, ASTM 5864, ASTM D-7373, OCSPP Harmonized Guideline 835.3110, and International Organization for Standardization 14593:1999. For lubricant formulations, the 10% (w/w) of the formulation that need not meet the above biodegradability requirements, up to 5% (w/w) may be nonbiodegradable (but not bioaccumulative) while the remainder must be inherently biodegradable. For grease formulations, the 25% (w/w) of the formulation that need not meet the above biodegradability requirement, the constituent substances may be either inherently biodegradable or non-biodegradable, but may not be bioaccumulative. Acceptable test methods to demonstrate inherent biodegradability include: OECD Test Guidelines 302C (>70% biodegradation after 28 days) or OECD Test Guidelines 301 A-F (>20% but <60% biodegradation after 28 days).
“Minimally-Toxic” means a substance must pass either OECD 201, 202, and 203 for acute toxicity testing, or OECD 210 and 211 for chronic toxicity testing. For purposes of the VGP, equivalent toxicity data for marine species, including methods ISO/DIS 10253for algae, ISO TC147/SC5/W62 for crustacean, and OSPAR 2005 for fish, may be substituted for OECD 201, 202, and 203. If a substance is evaluated for the formulation and main constituents, the LC50 of fluids must be at least 100 mg/L and the LC50 of greases, two-stroke oils, and all other total loss lubricants must be at least 1000 mg/L. If a substance is evaluated for each constituent substance, rather than the complete formulation and main compounds, thenconstituents comprising less than 20 percent of fluids can have an LC50 between 10-100 mg/L or a no observed effect concentration (NOEC) between 1-10mg/L, constituents comprising less than 5 percent of fluids can have an LC50 between 1-10 mg/L or a NOEC between 0.1-1 mg/L, and constituents comprising less than 1 percent of fluids can have an LC50 less than 1 mg/L or a NOEC between 0-0.1 mg/L.
“Not Bioaccumulative” means:
- the partition coefficient in the marine environment is log KOW <3 or >7 using test methods OECD 117 and 107,
- molecular mass > 800 Daltons,
- molecular diameter >1.5 nanometer,
- BCF or BAF is <100 L/kg, using OECD 305, OCSPP 850.1710 or OCSPP 850.1730, or a field-measured BAF or
- polymer with MW fraction below 1,000 g/mol is <1%.