Federal Government Extends Fishing Exemption to Vessel Permit Discharge Requirement
As was previously discussed on this blog, fishing vessels and commercial vessels under 79 feet had enjoyed a 2-year exemption to the EPA's Vessel General Permit (VGP) requirement (except for ballast water discharge), but that exemption was due to expire on July 31, 2010. On July 30, 2010 President Obama signed PL 111-215 into law, extending the moratorium for these vessels to December 18, 2013. During that period, neither the EPA nor the states may require National Pollution Discharge Elimination System (NPDES) permits incidental to the normal operation of fishing vessels of any size and other non-recreational vessels less than 79 feet in length.
However, as with the previous exemption, this moratorium does not apply to ballast water discharges from vessels greater than or equal to 300 gross registered tons or with a ballast capacity of 8 cubic meters (2113 gallons) or more. Operators of those vessels must submit a Notice of Intent (NOI) in accordance with EPA rules.
It seems that many in the industry were not aware of the VGP regime at the outset, and the expiration of the moratorium was causing concern that there would be widespread non-compliance. The extension of this moratorium provides the EPA with time to study the problems of vessel discharges and craft adequate rules, and also provides the industry with time to become familiar with this permit program and plan for the future. Nonetheless, the ballast discharge permit requirement remains in force, and the industry must ensure current compliance with these rules.
