EPA Vessel General Permit

A US District court ruled in March 2005 that the permitting exemption for “discharges incidental to the normal operation of a vessel” was not legal and would soon cease to exist.

EPA issued the Vessel General Permit (VGP) in December 2008 in advance of the expiration of the exemption so that ships could continue to legally operate in U.S. waters.

We are providing this webpage to assist vessel operators and the public understand the VGP. However, no summary can substitute for studying the VGP and related documents, especially if you are a vessel operator.

EPA Vessel General Permit information 

Vessel General Permit Contact Information

Who must apply?

• Operators of vessels greater than or equal to 300 gross registered tons or capable of discharging greater than 8 cubic meters of ballast water must submit a Notice of Intent (NOI) to EPA. Table 1 of the VGP lists deadlines for NOI submittal. NOIs for existing vessels are due September 19, 2009 or immediately upon transfer of ownership/operation.
   

• All vessels meeting the eligibility requirements in the VGP (about 30,000) were automatically covered on December 19, 2008 when EPA issued the VGP. These vessels have automatic VGP coverage up to the deadline for NOI submission. Any operator of a vessel required to submit an NOI as described below who fails to submit an NOI by the deadline in Table 1 (see Appendix E of the VGP) will lose VGP coverage.

How to apply for coverage

• EPA encourages electronic submission of NOIs. Submit an NOI or get more information.

Exempt vessels

• All military vessels, fishing and commercial vessels under 79 feet long are exempt from needing VGP coverage for a 2-year moratorium. Certain discharges from these vessels, such as ballast water, are not exempt even during the moratorium. Recreation vessels are exempt forever or until the law changes.

Where does the VGP apply?

• VGP requirements only extend 3 nautical miles from shore leaving some Washington State waters uncovered. However, state Water Quality Standards (chapter 173-201A WAC) apply and the Department of Ecology has enforcement authority in all state waters.

Permit fees

• EPA is not charging permit fees but seems to envision states becoming delegated during the first permit term and assessing fees to pay for implementation of vessel permitting and enforcement in the future.

What’s required?

• The VGP usually incorporates existing USCG requirements in those areas (blackwater, graywater, ballast water, bilge water, etc.) where the USCG traditionally regulates ships.
   

• The VGP contains a narrative requirement to meet water quality standards.
   

• The VGP contains technology-based effluent limits for just about all vessel discharges except for blackwater.
   

• Blackwater is not covered because CWA § 502(6) leaves vessel sewage out of the definition of pollutant and CWA § 312 gives authority to regulate vessel sewage to the Coast Guard.
   

• The VGP specifies open ocean exchange as the standard requirement for ballast water management and provides for ballast water treatment only on an “experimental” basis.
   

• The VGP regulates ballast water management during coastal voyages and management of ballast tank sediments more stringently than current Coast Guard requirements.
   

• The VGP regulates 26 types of discharges including deck runoff, deck and hull washdown, bilgewater, ballast water, hull coating leachate and underwater hull cleaning, fire fighting foam, boiler blowdown, cathodic protection, chain locker effluent, hydraulic and lubricating fluids, desalinization brine, exhaust scrubber wastewater, graywater and graywater with sewage, and others.
   

• The VGP contains class-specific requirements for large cruise ships, medium cruise ships, large ferries, barges, oil tankers, and research vessels.

Additional requirements specific to Washington State

• 28 states, Tribes, and Territories added requirements to the permit through the CWA 401 certification process; however, Washington State neither granted 401certification nor denied 401certification to the VGP. As a consequence, the VGP is effective in this state but contains no extra requirements specific to this state.
   

• See the Washington State letter.

Enforcement authority

• EPA has primary enforcement authority but few resources and will depend on states and others to help find violations and build cases. EPA is negotiating a cooperative agreement with the United States Coast Guard (USCG) for VGP enforcement.
  States and citizens have the ability to sue vessel operators or EPA pursuant to CWA § 505 if EPA does not address permit violations by vessels covered under the VGP.
   

• Routine violations must be handled through a permittee implemented inspection and corrective action process.

• Training Presentation for Vessel Operators