NOVEMBER 21, 2008 CIRCULAR NO. 23/08 TO MEMBERS OF THE ASSOCIATION Dear Member: US ENVIRONMENTAL PROTECTION AGENCY (EPA): VESSEL GENERAL PERMIT (VGP) REQUIREMENTS Members are requested to note that, with effect from December 19, 2008, all commercial vessels of 79 feet (24.08 meters) in length or more which have discharges of pollutants incidental to their normal operation, including but not limited to ballast water discharges, into the three mile territorial sea of the United States, or into its inland waters, will become subject to the Environmental Protection Agency (EPA) final Vessel General Permit (VGP) requirements and will ultimately need individual permit coverage. Members whose vessels will be calling at US ports after this date are strongly recommended to begin the development of a compliance program based upon the requirements found in the proposed VGP, while keeping in mind that changes to their compliance program may need to be made after the final VGP is issued by the EPA. General information on the VGP requirements, including the proposed VGP, can be accessed at: http://cfpub.epa.gov/npdes/home.cfm?program_id=350 Background Since May 1973, EPA regulations have excluded certain discharges “incidental to the normal operation of vessels”, including ballast water, from the National Pollutant Discharge Elimination System (NPDES) program under the Clean Water Act (CWA). On July 23, 2008, the U.S. Court of Appeals for the Ninth Circuit upheld a District Court decision which ruled that the EPA exceeded its authority under the CWA in exempting certain marine discharges from the NPDES program, and that the EPA is now required to regulate discharges incidental to the normal operation of vessels under the CWA NPDES program requirements. A draft general permit has been issued and the final regulation is expected to enter into force on December 19, 2008. In order to meet its obligations under the CWA, the EPA will issue a Vessel General Permit (VGP) covering all commercial vessels. It is not necessary to obtain a separate permit for each vessel. Instead, vessels will be covered by the VGP when vessel operators file Notices of Intent (NOIs) to receive coverage under the VGP. Vessels will then be required to comply with the requirements of the VGP. A list of discharge types eligible for coverage under the VGP is annexed to this Circular. The proposed permit incorporates the US Coast Guard’s mandatory ballast water management and exchange standards (33 C.F.R. part 151) and supplemental ballast water requirements for vessels that carry ballast water. Furthermore, for all covered vessels, this proposed permit would also establish requirements for twenty-seven other discharge types including deck runoff, bilge water discharge, and gray water discharge. For each discharge type, the permit establishes practices to be adopted dependent upon various conditions that may exist and, in some cases, effluent limits pertaining to the constituents found in the effluent. In addition to these standard or common requirements, the permit outlines further requirements for eight specific classes of vessels, such as cruise ships, research vessels, oil and petroleum tankers, and large ferries. The proposed VGP also includes requirements for corrective actions, inspections, monitoring, recordkeeping and reporting requirements. Initially, coverage will be national in scope (i.e. one permit will cover all US inland and territorial waters). To obtain authorization