US Environmental Protection Agency (EPA) Vessel General Permit (VGP) requirements (2) 26 December 2008 No.08-013 We refer to our previous circular No.08-011 dated 28 November 2008 titled "US Environmental Protection Agency (EPA) Vessel General Permit (VGP) requirements". The circular informed members that from 19 December 2008, all commercial vessels 79 feet (24.08 meters) in length or greater with discharges of pollutants incidental to their normal operation, including but not limited to ballast water discharges, into the US three mile territorial sea or inland waters will become subject to the EPA final Vessel General Permit (VGP) requirements and will ultimately need individual permit coverage. Latest Developments On 18 December 2008, at the request of the involved parties, the US District Court for the Northern District of California issued an order delaying the effective date of vacating the long-standing EPA regulations which excludes certain vessel discharges from the permitting requirements of the Clean Water Act until 6 February 2009. As such, the current exemption (40 CFR 122.3(a)) will remain in place until that date. The EPA advises that the effective date of the VGP will still remain as 19 December 2008. However, the EPA will not actually require permit authorisation and owners will not need to comply with the terms of the finalised VGP requirements until 6 February 2009. EPA has now issued the final, though not official, VGP requirements and members whose vessels will be calling at US ports are strongly recommended to ensure compliance with the requirements found in the finalised EPA VGP. EPA may not issue a permit authorising discharges in the waters of a State until that State has granted certification under the Clean Water Act (CWA) or has waived its right to certify. As of the issuance date of the permit, the States of Alaska and Hawaii have not yet granted, denied, or waived certifications pursuant to the CWA. Therefore the permit does not yet pro