Activity: The U.S. Environmental Protection Agency (EPA) is proposing to renew the National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP) that authorizes discharges incidental to the normal operation of non-military and non-recreational vessels greater than or equal to 79 feet in length. The current VGP addresses 26 potential vessel discharge categories by establishing effluent limits, including Best Management Practices (BMPs), to control the discharges of waste streams and constituents found in those waste streams. If renewed, the VGP would replace the current VGP, which was issued in December 2008 and expires on December 19, 2013.

While the proposed VGP would continue to regulate the aforementioned 26 specific discharge categories, a number of significant changes to the current VGP are proposed including: 1) changes to ballast water requirements; 2) changes to other incidental discharge effluent requirements; and 3) changes to administrative requirements. Specifically, EPA is proposing new, more stringent numeric technology-based effluent limitations that are applicable to vessels with ballast water tanks and will largely replace the non-numeric effluent limitations for ballast water in the current VGP. EPA is also proposing more stringent technology-based effluent limits in the form of BMPs for discharges of oil to sea interfaces. Additionally, the proposed VGP would authorize the discharge of fish hold effluent and establish appropriate BMPs for this discharge type. Furthermore, EPA is proposing numeric limits for exhaust gas scrubber effluent that are consistent with those established by International Maritime Organization guidelines for this discharge type. Proposed administrative improvements include clarifying that electronic recordkeeping is allowed under the new VGP, eliminating duplicative reporting, and allowing consolidated reporting for certain vessels.

The EPA is also proposing to issue an NPDES Small Vessel General Permit (sVGP) to authorize discharges incidental to the normal operation of non-military and non-recreational vessels less than 79 feet in length and all commercial fishing vessels. In 2010, Congress enacted Public Law 111-215 which extended the moratorium (Public Law 110-299) prohibiting NPDES permitting for discharges incidental to the normal operation of commercial fishing vessels (regardless of size) and those other non-recreational vessels less than 79 feet in length until December 2013. EPA is proposing the sVGP to provide coverage for vessels less than 79 feet in length because the Public Law 110-299 moratorium expires on December 18, 2013.

The management categories regulated under the proposed sVGP are divided into general requirements, fuel management, engine and oil control, solid and liquid waste management, deck washdown and runoff and above water line hull cleaning, vessel hull maintenance, graywater management, and ballast water management. The sVGP includes non-numeric effluent limits in the form of BMPs designed to minimize the amount of any discharge produced as well as reduce the likelihood the discharge would enter a waterbody.

Comments Deadline: February 10 , 2012