The U.S. Environmental Protection Agency (EPA) issued a Vessel General Permit (VGP) that would allow vessels that follow provisions of the permit to legally transit the waters of the United States. That permit stipulates actions vessel operators must take to avoid a wide range of discharges from vessels. It was scheduled to take effect December 19, 2008. Under the Clean Water Act, individual states have the right to certify such discharges, meaning that they can set their own more stringent standards. The Oregon Department of Environmental Quality (DEQ) originally denied certification of the VGP. This had shippers worried that they could not legally enter waters within the state of Oregon after the 19th.
 
On December 17, Oregon revised its position. Oregon DEQ sent a letter to EPA stating that they rescind their denial and waive certification for the EPA VGP. That means that vessels that comply with the federal requirements will comply in Oregon.
 
In a separate action, all parties to the original lawsuit that generated the VGP, including the U.S. Government, the Shipping Industry Ballast Water Coalition, and the state and environmental plaintiffs, agreed to file a joint stipulation with the district court requesting that the current regulatory exemption for vessel discharges remain in place until February 6, 2009. Therefore, the provisions of the VGP will be enforceable beginning February 6, 2009, rather than on December 19th.
 
This appears to take care of the short term concerns and allow vessels to operate in Oregon without risk of an enforcement penalty from the state or a citizen lawsuit.
 
PNWA contact: Glenn Vanselow