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EPA Document# 310F22002	January 2023

EPA Reminder About Clean Water Act
Vessel General Permit Requirements

>	The purpose of this Enforcement Alert is to remind vessel owners and operators to comply
with the U.S. Environmental Protection Agency's (EPA) Clean Water Act (CWA) 2013
Vessel General Permit (VGP) requirements.

>	The VGP requirements apply to a wide variety of vessels, including passenger ships (e.g.,
cruise ships and ferries), many types of barges, tankers (oil, gas, chemical, etc.), bulk
carriers, cargo ships (including roll-on roll-off vehicle carriers), container ships, utility vessels
(e.g., offshore supply, support), research vessels, emergency response vessels including
firefighting and police vessels, mobile offshore drilling units, commercial fishing vessels, and
other vessels operating in a capacity as a means of transportation.

>	This universe of regulated vessels is sometimes described in brief as "commercial vessels."

>	Compliance with the VGP requirements reduces the human health and environmental
impacts of vessel discharges.

Requirements

On December 4, 2018, the President signed into law the Vessel Incidental Discharge
Act (VIDA) (Title IX of the Frank LoBiondo Coast Guard Authorization Act of 2018). VIDA codified
the provisions of the EPA's 2013 VGP for discharges incidental to the normal operation of
commercial vessels that are at least 79 feet in length and for ballast water discharges only from
smaller commercial vessels and fishing vessels of all sizes. The VGP includes effluent limitations,

management measures, corrective action,
monitoring, recordkeeping, and reporting
requirements. The VGP requirements remain in effect
until such time that the EPA and the U.S. Coast
Guard (USCG) develop new incidental discharge
regulations under VIDA and those regulations are
final, effective, and enforceable.

For most vessels, the VGP effluent limits and
management measures for ballast water largely align
with the 2012 USCG ballast water rulemaking
requirements. Most vessels with ballast water
discharges in U.S. waters will be expected to install,
operate, and maintain a USCG type approved ballast
water treatment system.

EPA's 2013
Vessel General Permit

•	Applies to "commercial vessels."

•	Includes effluent limitations,
management measures,
corrective action, monitoring,
recordkeeping, and reporting
requirements.

•	Remains in effect until new EPA
and USCG regulations under
VIDA are final, effective, and
enforceable.

•	Compliance protects human
health, water quality, and marine
life.

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Impacts of Noncompliance

Unauthorized discharges of pollutants from vessels
and improper management practices can degrade
water quality and adversely affect marine life. For
example, unauthorized discharges and inadequate
management of ballast water can introduce invasive
species (e.g., Zebra mussel) or damage local species
by disrupting habitats Ballast water discharges are
widely recognized as one of the primary sources (or
vectors) for the spread of aquatic invasive species,
also known as aquatic nuisance species. Invasive

species cause severe economic and ecological	Fjgure 1: Zebra musseiphoto frorn usda website

impacts by increasing competitive pressure on native
species and depleting native species stock and can impact subsistence fishing relied on by many
communities with environmental justice concerns. Unauthorized discharges of other waste streams
(e.g., graywater, exhaust gas scrubber water, lubricants, etc.) can cause toxic impacts to local
species or contain pathogenic organisms.

It is important that all VGP monitoring requirements are met to ensure that human health and the
environment are protected from vessel discharges. The VGP includes routine visual inspections
and a comprehensive annua! inspection so that the owner or operator can identify, diagnose, and
fix problems to remain compliant with regulatory requirements. Failure to conduct vessel
inspections inhibits the identification of sources of spills, broken pollution prevention equipment, or
other situations that are or might lead to permit violations and unauthorized discharges. Routine
inspections of equipment allow the owner/operator to correct problems as soon as possible.

Failure to maintain records or submit accurate annual reports inhibits the ability of the EPA to verify
vessel compliance. Because the CWA relies heavily on self-monitoring and self-reporting by
permittees, violations of monitoring and reporting requirements are serious and undermine the
integrity of the program.

Recent EPA VGP Enforcement Case Examples

MSC Aurora and Western Durban

in November 2021, the EPA assessed
penalties totaling $81,474 against two
commercial ships, the MSC Aurora and
the Western Durban, for CWA VGP
inspection, monitoring, and reporting
violations in California and Louisiana. The
Mediterranean Shipping Company (MSC)
and the Victoria Ship Management
Company entered into separate
administrative Consent Agreements and
Final Orders with the EPA to resolve their
Figure 2: MSC Aurora - Container Ship	ship's VGP violations.

From November 2016 to July 2021, the MSC Aurora failed to conduct required routine visual
inspections for 11 voyages to Ports of Long Beach, Los Angeles, and Oakland. The MSC Aurora

© C.van der Have
MarineTraffic.com

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also failed to submit timely annual reports to the EPA for 2016 - 2019. For these multiple VGP
inspection and reporting violations, the MSG agreed to pay a civil penalty of $66,474 under the
settlement.

In August 2017, the Western Durban failed
to perform VGP monthly functionality
monitoring and an annual calibration of the
ballast water treatment system before
discharging ballast water at the Port of New
Orleans. The ship also failed to conduct
required biological monitoring after the
discharge. The EPA assessed penalties
totaling $15,000 to the Tokyo-based
Victoria Ship Management Company.

Figure 3: Western Durban - Bulk Carrier

Carnival Corporation

In 2018, the EPA and Carnival Corporation reached a
settlement via a Consent Agreement and Final Order to
resolve VGP pH discharge limitation violations in
Alaskan waters from multiple vessels owned or
operated by Carnival and its subsidiaries.

Carnival paid a civil penalty of $14,500 and agreed to
make improvements to its exhaust gas cleaning
systems (EGCSs) and adjustments to ship operations
such as: use of premium lower sulfur fuel in Alaskan
waters; make refinements to system automation
software and to EGCS and engine operating practices;
retrofit de-gassing units on each system to avoid pH
impact from entrained exhaust gases; conduct
operational trials of new system buffering water mixer
designs and chemical dosing; and, fit most ships
operating in U.S. waters with additional buffering
seawater capacity, including larger pump motors, drives,

Figure 4: Carnival Cruise Line's Miracle - Large Cruise
Ship, Juneau. AK

and piping.

Carnival also agreed to spend $75,000 on a supplemental environmental project (SEP) to provide
monitoring information on turbidity, temperature, and salinity/conductivity which have similar
impacts on water quality as pH. The SEP provided information to Alaska Department of
Environmental Conservation and the public that otherwise would not be collected.

The EPA's Audit Policy

Regulated entities of any size who voluntarily discover, promptly disclose, expeditiously correct,
and take steps to prevent recurrence of potential violations may be eligible for a reduction or

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elimination of any civil penalties that otherwise might apply. Most violations can be disclosed and
processed via the EPA's automated online "eDisclosure system".

Where can I get more information?

For more information, please visit:

•	The EPA's Vessels. Marinas and Ports website.

•	The regulatory process and future requirements of VIDA.

•	The EPA's 2013 VGP website, including the ^GP Fact Sheet and frequently asked
questions (FAQ).

•	The EPA's 2013 VGP Response to Comments Document.

•	The USCG's website.

•	The US Trade Representative's 2022 US Mexico Canada Agreement Fact Sheet

Disclaimer

This Enforcement Alert addresses select provisions of EPA regulatory requirements using plain
language. Nothing in this Enforcement Alert is meant to replace or revise any CWA requirement,
any permit, any EPA regulatory provision, or any other part of the Code of Federal Regulations, or
the Federal Register.

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