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CIRCULAR
017-09; SEPTEMBER 3, 2009
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EPA NPDES Vessel General Permit Compliance Reminder
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As reported in previous circulars
the Environmental Protection Agency (EPA) has implemented regulations for
discharges incidental to the normal operation of vessels.
Applicable vessels have been automatically authorized to discharge in
accordance with the Vessel General Permit (VGP) since February 6,
2009. Documentation requirements have been effective since February
19, 2009. The relevant Circulars are 023-08, 026-08, 027-08, 028-08, and
011-09
It is necessary to submit a
Notice of Intent (NOI) prior to September 19, 2009 for all vessels that
wish to continue to operate uninterrupted under the authorization
of the VGP. The purpose of the NOI is for the vessel owner/operator
to certify a vessel has implemented sufficient policies to ensure
compliance with the VGP inspection, monitoring and documentation
requirements.
The following are important
things to remember regarding NOI submission:
- The deadline for the submission of the
NOI is September 19, 2009.
- There is no consequence to your vessels
if the NOI is submitted prior to September 19, 2009.
- Vessels that do not submit a NOI prior
to September 19, 2009 and intend to operate in US waters (0-3 miles)
will be required to submit a NOI at least 30 days prior to
operating in US waters (0-3 miles) or apply for an individual NPDES
permit.
- The EPA has recommended that all vessels
that may operate in US waters (0-3 miles) submit a NOI prior
to September 19, 2009.
- Vessels that operate in US waters (0-3
miles) without having submitted a NOI after September 19, 2009 or
prior to the completion of the 30 day NOI review and approval
process after September 19, 2009 may be subject to
enforcement actions including costly delays and civil penalties.
Please note successful confirmation of NOI submission does
not absolve a vessel from the responsibility to comply with all of the
VGP inspection, monitoring and documentation requirements onboard while
operating in US waters (0-3 miles).
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APPLICABILITY
- All
commercial vessels 79 feet in length or greater, or over 300 GT, or
with a ballast water capacity of more than 8 m3 that call US waters
(0-3 miles) are required to comply with the VGP and submit a NOI.
- With
the exception of ballast water discharges, this is not
applicable to commercial fishing vessels of any length or
non-recreational vessels under 79 feet in length.
- This
is not applicable to recreational vessels as defined in
section 502(25) of the Clean Water Act.
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ACTIONS
TO BE TAKEN
- Establish
a company policy to ensure vessels are compliant with
implementation, monitoring and documentation of best management
practices for the 26 discharges covered by the permit that are
applicable for each vessel. Contact us at vgp@obriensrm.com for more
information regarding the electronic Compliance Document available
for a one-time fee of $250 USD per company.
- Submit
a eNOI for each applicable vessel that operates or may operate in US
waters (0-3 miles) prior to September 19, 2009. O'Brien'sRM is
happy to submit NOIs on behalf of your company. For more
information contact us at vgp@obriensrm.com. The costs associated
with these services are as follows:
- eNOI submission is $100 USD per
vessel.
- eNOT submission (termination of eNOI
submission) is $100 USD per vessel.
- The cost for re-submission due to
change in owner/operator, vessel name or other information is $100
USD.
- Keep
a copy of the NOI submission confirmation receipt onboard the
vessel.
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COMPLIANCE
AND ENFORCEMENT UPDATE
- USCG
officials have provided VGP compliance information for educational
purposes while on board vessels for routine inspections unrelated to
VGP compliance.
- Currently,
no on board inspections to verify compliance have been reported.
- The
EPA is currently in on-going negotiations with the USCG regarding
compliance verification and enforcement of the VGP
requirements.
- If
a formal agreement is made between the EPA and USCG, eNOI submission
verification may commence as soon as October 1, 2009 presumably by
USCG officials.
- It
is expected that comprehensive on board VGP Compliance Inspections
will begin no later than February 6, 2010.
The
O'Brien'sRM staff follows very closely developments with VGP regulations
and will continue to provide updates as soon as new information becomes
available. We are in regular contact with the staff at the EPA that
is managing the VGP
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CONTACT
US
If you should
have any questions or comments, please do not hesitate to contact us at inquiry@obriensrm.com.
24-Hour Emergency Assistance: +1 985.781.0804
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