Government Update
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or ordnance addressing the same subject matter. In many instances, the EPA delegates to state officials the authority to enforce EPA regulations, and to set higher standards. The FWPCA provides both civil and criminal penalties for violations of the NPDES program. In addition, it allows for citizen suits against violators in some circumstances. Details of enforcement have not yet been resolved. Although this is an EPA program, that agency has limited personnel in seaports and little experience aboard ships. The Coast Guard has personnel in the ports and massive experience aboard ships. One should expect a cooperative agreement between the two agencies addressing enforcement. One should also expect to see EPA (or state) personnel boarding commercial ships in the future, with or without Coast Guard partners. The VGP program is arriving rapidly. The learning curve is huge. The impact is potentially great. Start preparing sooner, rather than later.
Dennis L. Bryant, Senior Maritime Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN. For additioal information contact Dennis at dbryant@hklaw.com
Once a waste stream has been identified, a BMP must be adopted to minimize discharges. There are specific requirements for certain types of vessels, such as cruise ships, barges, and oil tankers. Persons involved in the BMP must be trained. The BMP must be implemented and records must be kept. The records and training information must be retained for a minimum of three years.Ironically, the EPA has deferred to the Coast Guard's ballast water management program as the BMP for the ballast water waste stream, with the result that the original petition and the initial lawsuit were for naught. The consequences, though, will be with the marine industry for the foreseeable future.
Regular Reports and Reports of Non-compliant Events
The VGP permit will be valid for up to five years from date of issuance. For each vessel, the owner/operator must submit a one-time report between 30 and 36 months after the permit is issued. The one-time report is submitted to EPA headquarters and should be submitted electronically. All instances of non-compliance must be reported at least once annually. The non-compliance report is submitted to the EPA regional office responsible for the waters in which the event occurred. Any non-compliance that may endanger health or the environment must be reported orally within 24 hours. The oral report must be followed up with a written report to be submitted within five days of the event. Submittal of these reports is in addition to, not in lieu of, any reports that may be required under other laws or regulations.
Relationship to Other Laws
The NPDES program does not replace or supersede the requirements of any other federal law or regulation. It also does not preempt any state or local law
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