As of Dec. 19, 2014, if you own or operate a non-recreational vessel less than 79 feet in length (such as a ferry, tug/tow boat, barge, cargo freighter, etc.) in any “waters of the Unites States,” you need to secure coverage under an National Pollutant Discharge Elimination System (NPDES) permit before you may legally discharge ballast water from these small commercial vessel.
Late last year, President Obama signed into law the Howard Coble Coast Guard and Maritime Transportation Act of 2014, S.2444 (PDF), which extended, through Dec. 18, 2017, a long-standing moratorium from the requirement to obtain permit coverage for incidental discharges from vessels less than 79 feet in length. However, according to the U.S. Environmental Protection Agency (EPA), ballast water discharges from these small vessels are not affected by the moratorium and currently require federal permit coverage. See Vessels Background.
Vessel operators and owners can seek coverage either under EPA’s regular Vessel General Permit (VGP) or EPA’s general permit for vessels shorter than 79 feet, called the Small Vessel General Permit (sVGP).
Small Vessel General Permit
On a nationwide basis, EPA authorizes vessels less than 79 feet in length to obtain coverage for their ballast water discharges, pursuant to the sVGP Part 1.5(f). You can secure coverage under the sVGP by signing and dating the sVGP Permit Authorization and Record of Inspection (PARI) form and then retaining a copy of the signed form onboard the vessel. The sVGP requires the owner/operator to inspect the vessel quarterly, take any corrective action necessary, and certify completion of the inspections on the PARI form annually.
Ballast water, which is carried aboard ships for stability, has been identified as the source of invasive species in U.S. waters. In addition to regulating ballast water, the EPA will then regulate incidental discharges – such as bilgewater, deck runoff, and noncontact engine cooling water – through its NPDES permit program upon expiration of the moratorium at the end of 2017, unless it is extended again.
A 2006 federal court ruling vacated a long-standing EPA rule that exempted discharges incidental to the normal operation of vessels from permitting requirements of the Clean Water Act. This exemption had been challenged over concerns about the effects of invasive species transported by vessels and the lack of requirements in place to address this problem. In response to the court’s decision, EPA has taken multiple actions to address vessel discharges. However, Congress has extended the initial permit moratorium for small commercial vessels (and fishing vessels) multiple times since it was originally enacted on July 31, 2008.
More information is available on EPA’s website here.