National Pollution Discharge Elimination

Discharge System

Under the United States Clean Water Act discharge of a pollutant is generally prohibited without a permit, however up to now “discharges incidental to the normal operation of a vessel” have been excluded from the regulations.  A lawsuit brought against the Environmental Protection Agency in 2005 has changed that, however, and under the National Pollutant Discharge Elimination System, as of 19 December this year, a permit will be required to discharge pollutants incidental to a vessel’s normal operation within 3 miles of the US coastline or in US inland waters.

A proposed Vessel General Permit (VGP) will cover commercial vessels and large recreational vessels and include requirements related to the Coast Guard’s mandatory ballast water management and exchange standards as well as those for a number of other discharge types including deck runoff, bilge water discharge, and gray water discharge. The requirements under the permit cover effluent limits (generally to be achieved through Best Management Practices) and monitoring, reporting and record-keeping procedures.  Discharges covered under other instruments, such as cargo residues under MARPOL Annex II, are not covered under this permit.  

Coverage will be automatic for the first six months, but after that owners of vessels of over 300 gt will be obliged to file a Notice of Intent to the EPA in order to continue coverage.   Further information on this can be obtained from www.epa.gov/npdes/vessels