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Circular issued by International Group clubs Further to our Circular 24 November 2008. Members have previously been informed that 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. On 18 December 2008, at the request of the involved parties, the US District Court for the Northern District of California issued an order delaying  the effective date of vacating the long-standing EPA regulations which excludes certain vessel discharges from the permitting requirements of the Clean Water Act until 6 February 2009. As such,  the current exemption (40 C.F.R. § 122.3(a)) will remain in place until that date. The EPA advises that the effective date of the VGP will still remain as 19 December 2008.   However, the EPA will  not actually require permit authorisation and owners will not need to comply with the terms of the finalised VGP requirements until 6 February 2009. EPA has now issued the final, though not official, VGP requirements and members whose vessels will be calling at US ports are strongly recommended to ensure compliance with the requirements found in the finalised EPA VGP. EPA may not issue a permit authorising discharges in the waters of a State until that State has granted certification under the Clean Water Act (CWA) or has waived its right to certify.  As of the issuance date of the permit, the States of Alaska and Hawaii have not yet granted, denied, or waived certifications pursuant to the CWA.  Therefore the permit does not yet provide coverage in these jurisdictions.  EPA will announce the availability of coverage under the VGP discharges in these jurisdictions a
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pi_circular Skuld ·2008-12-23

US Environmental Protection Agency (EPA) Vessel General Permit (VGP) requirements - update

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