• New York Ballast Conditions
  • March 31, 2010 | Author: William A. Anderson
  • Law Firm: Williams Mullen - Washington Office
  • Under the Clean Water Act, the discharge of any pollutant from a point source to waters of the U.S. without a permit is unlawful. In 1973, EPA rules exempted discharges incidental to normal vessel operations. But the court ruled in Northwest Envt’l Adv. v. EPA, 537 F.3d 1006 (9th Cir., 2008), that discharges from vessels are also unlawful without permits. In response, EPA issued a Vessel General Permit (VGP) to authorize discharges from vessels used for transportation upon the filing of a Notice of Intent (NOI). Vessels of less than 300 tons are covered without an NOI. The VGP imposes conditions on ballast water and other vessel discharges.