EPA permits needed for ballast discharge

Ships will soon need permits from the US Environmental Protection Agency (US EPA) for their operational discharges in US waters including ballast water, bilge water and grey water. The issue of operational discharges is currently being regulated in the US by the Clean Water Act.

Since 1973, owners have been benefitting from the EPA’s general exemption, which lets ships make operational discharges without the need to apply for permits. In 1999, however, Northwest Environmental Advocates and other environmental groups lodged a petition protesting the exemption granted by the EPA.

After close to 10 years of legal wrangling, the Ninth Circuit Court of Appeals last month upheld a decision by the District Court for the Northern District of California that the EPA had acted ultra vires, or “beyond their powers”, and “must revoke the regulation exempting discharges from vessels from the permit requirements of the NPDES,” reports said. NPDES refers to the National Pollution Discharge Elimination System.

The EPA has now been given a deadline by the court to start issuing permits regulating discharges by September 30. Oslo-based marine insurance company Skuld says although the EPA has produced a draft general permit covering discharges incidental to normal vessel operations, “the issues are complex and the time is very short”.

Intertanko and the Chamber of Shipping of America (CSA) have both reportedly submitted detailed comments on the draft and urged the EPA to obtain an extension of time. “As matters stand, the general exemption will cease to exist on 30 September,” said Skuld, adding that “at present it is unclear what requirements will apply to ships entering US waters after that date”.