Circular issued by International Group clubs 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.  Members whose vessels will be calling at US ports after this date are strongly recommended to begin development of a compliance programme based upon the requirements found in the EPA proposed VGP, while keeping in mind that changes to their compliance programme 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’s regulations have excluded certain discharges “incidental to the normal operation of vessels”, including ballast water, from the National Pollutant Discharge Elimination System (NPDES) programme under the Clean Water Act (CWA). On July 23, the U.S. Court of Appeals for the Ninth Circuit upheld a District Court decision which ruled that EPA exceeded its authority under the CWA in exempting certain marine discharges from the NPDES programme, and that EPA is now required to regulate discharges incidental to the normal operation of vessels under the CWA NPDES programme requirements.  A draft general permit has been issued and the final regulation is expected to enter into force on 19 December 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 VG