1 of 4 DECEMBER 23, 2008 CIRCULAR NO. 29/08 TO MEMBERS OF THE ASSOCIATION Dear Member: US ENVIRONMENTAL PROTECTION AGENCY (EPA): VESSEL GENERAL PERMIT (VGP) REQUIREMENTS—AN UPDATE Members have earlier been informed (by Circular No. 23/08 of November 21, 2008) that, from December 19, 2008, all commercial vessels of a length of 79 feet (24.08 meters) or more which have discharges of pollutants incidental to their normal operation, including but not limited to ballast water discharges, into the three mile territorial sea of the United States or into its inland waters, will become subject to the EPA final Vessel General Permit (VGP) requirements and will ultimately need individual permit coverage. The balance of this communication updates the content of the original Circular on this issue. Latest Developments The EPA was granted an extension to February 6, 2009 as the effective compliance date of the new regulations. This means that the current exemption for vessel discharges remains in place until February 6, 2009. On December 19, 2008, the EPA issued the final VGP requirements and, although the implementation date has been extended, Members whose vessels will be calling at US ports are strongly recommended to ensure compliance with the requirements found in the finalized EPA VGP as soon as practicable and before February 6, 2009. Details regarding compliance are found below. General Information As previously advised, to obtain permit authorization, the owner or operator of a vessel that is either 300 or more gross tons or has the capacity to hold or discharge more than 8 cubic meters (2113 gallons) of ballast water is required to submit a Notice of Intent (NOI) to receive permit coverage from June 19, 2009 but no later than September 19, 2009. Until September 19, 2009 these vessels will automatically be authorized upon permit issuance to discharge according to the VGP requirements. For vessels that were delivered to the owner or operator on or before September 19, 2009, the vessel will receive permit coverage on the date that the EPA receives the complete NOI. New vessels that are delivered after September 19, 2009 will receive permit coverage 30 days after the EPA receives the complete NOI. Vessels that are less than 300 gross tons or are able to carry or discharge no more than 8 cubic meters of ballast water capacity are not required to submit a NOI and will automatically be authorized to discharge according to the VGP requirements. 2 of 4 The electronic NOI filing system is expected to be operational by late spring 2009. In addition, the EPA will require a one-time permit report containing additional vessel information for each vessel between 30 and 36 months after obtaining coverage under the VGP. Failure to meet any requirement of the VGP will constitute an enforceable permit violation. The EPA has included reporting requirements in the VGP that ensure that the EPA, and other parties as necessary, are made aware of potential permit violations. It is highlighted that all vessels equipped with ballast tanks that operate in waters of the United States must continue to meet the reporting requirements of 33 CFR 151.2041 and recordkeeping requirements of 33 CFR 151.2045 regarding ballast water discharges. The VGP details other spills and unauthorized discharges which must be reported to the EPA within 24 hours of becoming aware of the discharge should it endanger health or the environment. Otherwise, under the VGP, vessel owners/operators