Draft 2013 Vessel General Permit (VGP) and Small Vessel General Permit (sVGP)

I recently addressed marine industry audiences in the Puget Sound region on the subject of the pending draft sVGP.

The draft VGP currently proposed will replace the current 2008 VGP when it expires December 19, 2013. The draft sVGP, once finalized, will authorize discharges incidental to the normal operation of non-military and non-recreational vessels less than 79’ in length. 

Presently, a Congressional moratorium exempts all incidental discharges, with the exception of ballast water from commercial fishing vessels and non-recreational, non-military vessels less than 79’ in length, from having to obtain a Clean Water Act permit until December 18, 2013. The sVGP would provide owners and operators with permit coverage for these vessels after that date. 

The 2013 draft VGP will continue to regulate 26 specific discharge categories that were enumerated in the 2008 VGP, and for the very first time authorize the discharge of fish hold effluent. This draft of the VGP now contains numeric ballast water discharge limits for most vessels and more stringent effluent limits for oil to sea interfaces and exhaust gas scrubber wash water. 

The EPA is also proposing to improve the efficiency of several VGP administrative requirements, including electronic recording keeping, an annual report in lieu of the one-time report and annual non-compliance report, and also requiring small vessel owners and/or operators to obtain coverage under the sVGP by agreeing to the terms of the Permit Authorization and Record of Inspection form. 

The sVGP is organized by discharge management categories to include: fuel management, engine and oil control, solid and liquid maintenance, gray water management, fish hold effluent management, and ballast water management. 

All vessels eligible under the sVGP will receive coverage at the time and date of the expiration of the moratorium, December 18, 2013. 

As a requirement of a permit, owners and operators must complete the sVGP Permit Authorization and Record of Inspection (PARI) form. Additionally, a permittee must conduct an annual self-inspection and certify having done so each year. 

The EPA is accepting comments on the proposed permits for 75 days after publication in the Federal Register (commenting deadline is February 21, 2012). Comments can be submitted:

Water Docket

U.S. Environmental Protection Agency

Mail Code 2822T

1200 Pennsylvania Avenue N.W.

 Washington D.C., 2046

  Attn: Document I.D. No. EPA-HQ-OW-2001-0141. 

Public meetings will be held on January 11, 2012 in Washington D.C., and January 23, 2012 in Chicago, IL.

For more information, see: http://www.epa.gov/npdes/vessels.

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.