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c. The VGP applies to discharges incidental to the normal ope ration of all n on-recreational

vessels of 79 feet or greater in length. In addition, the ball ast water discharge provisions

also apply to any non-recreational vessel of le ss than 79 feet or commercial fishing vessel

of any size discharg ing ballast water.

d. The VGP covers 26 different t ypes of discharges, many of which have not previously

been covered by U.S. regulations. For ballas t water discharges, the VGP incorporates the

Coast Guard’s mandatory ballast water manage ment standards and has several additional

mandatory management requirements. The VGP also has additional requirements for

eight vessel types such as large and medium-s ized cruise vessels and oil tankers. Under

the CWA, discharges of pollutants from ve ssels that are not covered by the VGP are

unlawful unless they are sepa rately covered under another CWA permit or are exempt

from permitting requirements (for example, sewage from vessels, incidental discharges

from a vessel of the armed forces, or discharg es in compliance with the instructions of a

federal on-scene coordinator).

e. The VGP requires vessel owners/operators to perform training, in spections, monitoring,

and reporting, and take assessments and correctiv e actions as necessary. It also requires

vessel owners or operators to submit a Notice of Intent (NO I) to receive permit coverage

and submit a one-time permit report between 30 and 36 months after obtaining permit

coverage.

f. The EPA has posted electronic copies of the VGP and other related information,

including VGP Fact Sheets, on the EPA’s NPDES – Vessel Discha rges webpage at

www.epa.gov/npdes/vessels

.

5. Discussion

.

a. The VGP is an EPA permitting program under the CWA. The EPA developed and

manages the VGP, and has the primary federal re sponsibility for enforc ing its provisions.

The Coast Guard’s role up to this point of time has been focused on education and

outreach.

b. Noting that since the provisions provided in the VGP require vesse l operators to utilize

best practices in the management of shi pboard discharges incidental to the normal

operation of the vessel in order to protect the marine environment, the Coast Guard

shares a mutual interest in ensuring vessels comply with VGP provisions. Therefore, in

fulfilling its role as the nation’s lead maritim e law enforcement agency and to carry out

its mission of environmental stewardship, it is in the interest of the Coast Guard to assist

the EPA in the detection a nd reporting of VGP deficienci es onboard vessels.

c. To facilitate this mutual interest, the Coast Guard and the EPA have signed a

Memorandum of Understanding (MOU) regarding matters related to the VGP

(USCG/EPA VGP MOU).

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d. The USCG/EPA VGP MOU established c ooperative relationships, roles and

responsibilities between the Co ast Guard and the EPA in the implementation of the VGP

compliance and enforcement. It established that Coast Guard and EPA cooperation in

sharing information, expertise, and technica l assistance for VGP implementation reduces

redundancy in government oversight of vessel acti vities and increases the effectiveness of

each Agency’s ability to accomplish its mission to enhance environmental protection.

e. Under the USCG/EPA VGP MOU, the Coast Guard’ s main role will be to assist the EPA

with examining compliance with basic provisions of the VGP 1 

# during routine inspections

onboard U.S. vessels and during Port State Control exams on foreign vessels. The Coast

Guard will report detected VGP deficiencies to the EPA. The EPA retains full

responsibility and enforcement authority under the CWA to address VGP violations and

unauthorized discharges, which includes issuan ce of administrative orders, administrative

penalties, and judicial action. Additional assistance and cooperat ion between the Coast

Guard and EPA may be established thr ough support agreements under the MOU.

f. This policy has been developed by the Coast Guard, in consultation with the EPA, to

assist Coast Guard staff in the preparation for and the execution of VGP compliance

monitoring inspections and exams. Vessel ow ners and/or operators are responsible for

compliance with all aspects of the VGP a nd any other CWA requirements. Vessels may

be subject to inspection to verify complianc e with any and all lega l requirements. The

inspection guidelines (VGP Job Aid) provide d in enclosure (1) represent the minimum

items that the Marine Inspectors (MI) a nd PSC Officers should examine during VGP

compliance exams. The MI/PSC Officers are not limited in the depth and scope of the

examination. The Coast Guard and EPA may assess program execution and shipboard

performance and adjust the VGP Job Aid as appropriate.

g. Implementation of VGP compliance exams and follow-up activities during routine vessel

inspections and Port State Control exams will re quire additional time to complete vessel

inspections and exams. However, as the VGP compliance component of an inspection

and exam is incorporated and consistent with normal Coast Guard vessel exam

procedures and routines, we e xpect this additional effort to be manageable.

6. Procedure

.

a. Implementation . Effective 30 days after the promulgation of this policy, Sector

Commanders / OCMI’s staff s hould use the VGP Job Aid provided in enclosure (1) in the

implementation and execution of Coast Guar d VGP compliance activities during routine

vessel inspections and Port State Control exams. In the period prior to this

implementation date, Coast Guard MIs and PSC Officers must continue education and

outreach efforts to the marine industry a nd communicate the upcoming VGP verification

1 

# The Coast Guard will not check vessel compliance with th e State and Indian Country Lands specific requirements

contained in Section 6 of the VGP.



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exams under this policy and the VGP Job Aid.

b. VGP Deficiencies . MI/PSC Officers must take th e following action upon discovering

any VGP deficiencies as guided by the VGP Job Aid provided in enclosure (1) as well as

any other observed VGP deficiencies:

i. Encourage vessel operators to correct VGP deficiencies by the conclusion of the

vessel inspection / PSC exam, if feasible , i.e. “corrected on the spot.”

ii. Inform the vessel’s master/person-in-charg e of all detected deficiencies, including

those “corrected on the spot”, and record the findings using routine deficiency

reporting documents, such as the CG-835 or PSC Form B, as appropriate.

iii. Inform the vessel’s master/person-in-charge that the Coast Guard will report the VGP

related deficiencies to the EPA, as well as any actions by the vessel taken or planned

to address them, and that EPA’s enforcement authority under the CWA to address

VGP violations and unauthorized discha rges includes administrative orders,

administrative penalties, a nd judicial action.

c. MISLE - Documenting and Reporting . As soon as practicable, but in all cases not later

than close of business the following day of the exam, the MI/PSC Officers should enter

the VGP related deficiency in the Coast Gu ard’s MISLE database under the associated

inspection activities’ “Inspection Results”:

i. VGP deficiencies are found under the System “Operations/Management”, Subsystem

“EPA Vessel General Permit” and associat ed Components by VGP reference/cite.

ii. When entering VGP deficiencies, the MI /PSC Officer should ensure that the

following information is provided within the “Details” block:

(1) MI/PSC Boarding Officer’s name, phone number and e-mail.

(2) MI/PSC Boarding Officer’s unit’s name and state.

(3) A brief description regarding the VGP defi ciency, including a description of the

MI/PSC Officer’s observations and findings, if the vessel corrected the deficiency

by the conclusion of the exam, and descri ption of any documentary evidence or

pictures obtained or viewed.

(4) In cases where VGP deficiencies are also deficiencies under Coast Guard

regulations, as discussed in section 6.d below, provide a brief statement that

indicates any concurrent Coast Guard enfo rcement action and what steps, if any,

the Coast Guard has taken to address the deficiency. For example, if a ship fails

to maintain ballast water records under Coast Guard regulations in 33 CFR part

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151, this is also a VGP deficiency un der VGP section 2.2.3. If the Coast Guard

takes enforcement action, then that acti on should be described – i.e. the Coast

Guard issued a requirement for the vessel to maintain ballast water records in

accordance with the operative sec tion of 33 CFR part 151.

iii. Under the “Requirement/Resolutio n” section, enter the following:

(1) Due Date: select the date of the VGP verification exam a nd select “To the

satisfaction of the certificat e issuing authority” option.

(2) If the VGP deficiency was resolved or corrected by the conclusion of the vessel

exam:

(a) Place a check-mark in the “Resolved/Corrected” block.

(b) Select the date of th e VGP verification exam.

(c) Enter the details of the resolution in the “Resolution” block.

iv. No further reporting action is necessary, but MI/PSC Officers must make themselves

available to assist the EPA with additi onal information and su pporting documentation

upon request by the EPA.

d. Coast Guard Pollution Prevention Regulations . The USCG/EPA VGP MOU does not

affect the Coast Guard’s existing authorities under any laws. Therefore, in cases where

VGP deficiencies are also deficiencies unde r Coast Guard regulations, such as ballast

water and oil pollution prevention regulations, MI/PSC Officers must report the VGP

deficiency to the EPA as disc ussed above, as well as concurrently process the deficiency

under applicable Coast Guard regulations a nd enforcement policy. As discussed in

section 6.b.iii above, EPA’s enforcement au thority under the CWA to address VGP

violations and unauthorized discharges in cludes administrative or ders, administrative

penalties, and judicial action.

7. Disclaimer . While the guidance contained in this document may assist the industry, public,

Coast Guard, and other Federal and State regul ators in applying st atutory and regulatory

requirements, the guidance is not a substitute for applicable legal requirements nor is it a

regulation itself. It is not intended to nor does it impos e legally binding requirements on any

party. This guidance does not create any righ t or benefit, substantive or procedural,

enforceable by law or equity, by any person agai nst the Coast Guard, EPA, their officers or

employees, or any other person. This guidance may be superseded, modified, or terminated

at any time without prior notice.

8. Additional Information and Changes

.

a. This policy, the USCG/EPA VGP MOU, and additional information pertaining to the

VGP including links to the EPA’s VGP web page is available on the Coast Guard’s VGP

information page on Homeport at http://homeport.uscg.mil by selecting the following

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6 tabs: Missions > Domestic Vessels > Dome stic Vessels General > EPA Vessel General

Permit (VGP).

b. Interested parties may suggest improvement s to this policy by writing to the Coast

Guard’s VGP Program Manager listed under Contact Information on the VGP

information page on Homeport or via e-mail at CG543@uscg.mil.

#

Enclosures: (1) Coast Guard VGP Job Aid

Distribution: All Area/District (p) offices

All Sectors/MSUs/MSDsEnclosure (1) to CG-543 Policy Letter 11-01EPA Vessel General Permit (VGP) - USCG Job AidThis enclosure is intended to be used asa Job Aid by Coast Guard Marine Inspectors(MI) and Port State Control (PSC) Officersduring inspections of U.S. flag vessels andduring PSC examinations to assist in verifying that a vessel is in compliance withthespecified EPA VGP. This Job Aid containsa list of minimum items that MI and PSCOfficers should examine. The depth and scopeof the examination must be determined by the MI and PSC Officers based on the condition of thevessel, operation of its systems, andthe competency of the vessel’s crew.The EPA VGP addresses many of the same water pollution prevention items that the Coast Guard currently examines during vesselcompliance examinations. This Job Aid addresses the key or “first tier” inspection items currently not covered by Coast Guardvesselinspection regulations or policy. Coast Guard personnel will perform these checks inaddition to the current pollution preventioninspections/examinations covered inthe applicable CG-840 books.All deficiencies, even if corrected while onboard, shall be documented within MISLE as discussed in Section 6 of the cover letter tothis policy. MISLE documentation willthen be sent to the EPA viagenerated CGBI Cube reports.Note: Citations to the VGP sections are given as referencesfor the specific requirements and legal authorities.1Enclosure (1) to CG-543 Policy Letter 11-01Record KeepingVGP RequirementCiteFindingActionCommentAre the vessel master and seniorcrew aware of the VGP?Vessel General PermitYesNo action required.NoInform the master/crew that theymust obtain and read the VGP.Provide the master/crew with acopy of the EPA VGP Fact Sheet.If the vessel is greater than or equalto 300 gross tons or has thecapacity to hold or discharge 8cubic meters (2113 gallons) ofballast water, has the vesselsubmitted a Notice of Intent(NOI)?VGP Part 1.5.1.1; Part 10- Appendix E –Notice ofIntent (NOI)YesNo action required.NoAdvise the master/crew theymust submit an NOI to EPA.Provide the master/crew with acopy of the EPA VGP Fact Sheet.The EPA has posted allvessel NOIs submitted byvessel owners and operators.You can use this public EPAweb page tosearch, sort, andview these NOIs:http://cfpub.epa.gov/npdes/vessels/vesselsnoisearch.cfm.EPA strongly encouragesvessel owners to prepare andsubmit the NOI using EPA’sElectronic Notice of Intent(eNOI) system:www.epa.gov/npdes/vessels/eNOI/.Record of routine visualinspectionsVGP Parts 4.1.1, 4.1.1.1,and 4.2, #4YesNo action required.2Enclosure (1) to CG-543 Policy Letter 11-01VGP RequirementCiteFindingActionCommentRecord of annual inspections(effective after December 19,2010).Record of VGP drydock inspectionif last drydocking was conductedafter Feb. 6, 2009.VGP Parts 4.1.3 and 4.2,#6VGP Part 4.1.4NoAdvise the master/crew theymust complete visual inspectionsat least once per week or pervoyage, whichever is morefrequent; unless they engage inmultiple voyages per day, inwhich case a daily inspection isrequired. They must also have acomprehensive inspectionannually and record all results inthe vessel’s recordkeepingdocumentation. Additionally, adrydock report is required persection 4.1.4 of the VGP.The VGP section onrecordkeeping is about 1page and may be appended /inserted within routinevessel logbooks.If records are not on thevessel, advise that they mustbe on the vessel oraccessible by the vessel(unalterable electronicrecords from a centralexchange).Documentation of CorrectiveAction Assessments: does thevessel maintain records ofcompleted actionsVGP Parts 3, 4.2 para. 3,YesNo action required.NoAdvise the master/crew theymust conduct a corrective actionassessment including adescription of identifieddeficiencies, an explanation ofthe cause and the correctiveaction to be taken and a scheduleto complete such action.If records are not on thevessel advise that they mustbe on the vessel.Ballast Water Management Plans:For vessels with ballast waterVGP Parts 2.2.3.2, 4.3YesNo action required.NoAdvise the master/crew that theymust have a Ballast WaterThe vessel may demonstratecompliance using the Ballast3Enclosure (1) to CG-543 Policy Letter 11-01VGP RequirementCiteFindingActionCommenttanks, plan adequately lays out aballast water management strategyspecifically for the vessel.Plan must be in accordance with 33C.F.R. 151 and section 4.3 of theVGP.Management Plan which lays outthe ballast water managementstrategy and and which complieswith section 4.3 of the VGP.Personnel who actively take partin the management of ballastdischarge must understand andfollow the plan.Water Management Planrequired in 33 CFR151.2035.Violation of VGP is alsoviolation of Coast GuardBallast Water requirementsfound in 33 CFR 151Subpart D.Ballast Water Records:If applicable, has the vesselmaintained records of conductingballast water exchange, near shoreballast water exchange, andsaltwater flushing?For those vessels whichperiodically enter as NOBOBs, andwhich do not report salt waterflushing to the NBIC, they musthave records of salt water flushingonboard.VGP Parts 2.2.3.5, 2.2.3.6,2.2.3.7, 2.2.3.8, and2.2.3.9YesNo action required.NoAdvise the master/crew that theymust maintain records ofconducting ballast waterexchanges and saltwater flushing.Note under 33 CFR Part 151,the vessel must conductballast water exchange (ifcarrying ballast) or saltwaterflushing (if NOBOB) if itcomes from outside 200 nmfrom shore, is engaged inPacific near shore voyages(sail through more than oneCOTP zone and travel 50 nmfrom shore) or enters theGreat Lakes from outside theUS EEZ.Bilgewater Discharges:VGP Part 2.2.2; 4.2, #8YesNo action required4Enclosure (1) to CG-543 Policy Letter 11-01VGP RequirementCiteFindingActionCommentIf the vessel measures 150 GT ormore (tank vessels) or measures400 GT or more (other vessels), isit maintaining records of its bilgewater discharges?If the vessel measures 150 GT ormore (tank vessels) or measures400 GT or more (other vessels),and regularly sails outside theterritorial sea, is it not dischargingwithin 1 nm of shore or withinNational Parks, MarineSanctuaries, etc., listed in Part 12of the VGP?and #9; 12No recordsAdvise the master/crew to beginmaintaining records.Violation of VGP is alsoviolation of Coast Guard OilPollution Preventionrequirements found in 33CFR 151 Subpart A.No,dischargingwithin1 nm ofshore orwithinwaters listedin VGP Part12.Advise the master/crew that iftechnologically feasible or if notnecessary to maintain the safetyand stability of the ship, to holdbilgewater onboard or dischargeto a shore side facility.5Enclosure (1) to CG-543 Policy Letter 11-01Deck/Topside WalkVGP RequirementCiteFindingActionCommentIs the state of deck and work areashousekeeping adequate?Deck is free of clutter, garbage,fuel/oil spills?Are spill rails and drip pans inplace and utilized?VGP Parts 2.1 and 2.2.1YesNo action required.NoAdvise the master/crew that theymust maintain properhousekeeping onboard the vessel- contain garbage, securecontainers in proper storage,prevent oil and fuel spills, anduse containers or rails to containoil.Evidence of poorhousekeeping can triggerneed to look for other areasof lack of good practice.Large and Medium Cruise Vessels“Large Cruise Ships” are that provide overnight accommodations (has onboard sleeping facilities) to passengers authorized to carry500 people or more for hire. VGP 5.1. “Medium Cruise Ships” are vessels that provide overnightaccommodations (have onboardsleeping facilities) to passengers authorized to carry between100-499 people for hire. VGP 5.2VGP RequirementCiteFindingActionCommentFor untreated graywater:VGP Parts 5.1.2.1 andYesNo action required.6Enclosure (1) to CG-543 Policy Letter 11-01VGP RequirementCiteFindingActionCommentDoes the vessel haverecords estimatingdischarges of untreatedgraywater including datelocation and volume, speedof vessel?5.2.2.1NoAdvisethemaster/crewthat they must maintainrecords of estimatingdischarges of untreatedgraywater including date,location, volume, andvessel speed.For untreated graywater:For large and mediumcruise vessels which sailoutside 1 nm, wasgraywater only dischargedoutside 1 nm while sailingat least 6 knots or outside 3nm (regardless of speed)and not in nutrientimpaired waters such asVGP Parts 5.1.1.1.1 and5.2.1.1.1YesNo action required.7Enclosure (1) to CG-543 Policy Letter 11-01VGP RequirementCiteFindingActionCommentthe Chesapeake Bay?NoAdvisethemaster/crewthat graywater must betreated or dischargedconsistent with Parts 5.1and 5.2 of the VGP.For treated graywater:YesNo action needed.8Enclosure (1) to CG-543 Policy Letter 11-01VGP RequirementCiteFindingActionCommentFor large and mediumcruise vessels, did thevessel maintain records ofdate, location and volumeof treated graywaterdischarged?Did the vessel conductmonitoring and assure thatgraywater discharged isbelow limits in Part5.1.1.1.2 or 5.2.1.1.2 of theVGP, as applicable?VGP PartsLarge cruise vessels:5.1.1.1, 5.1.2.2, and5.1.2.2.5.Medium cruise vessels:5.2.1.1.1, 5.1.2.2., and5.2.2.2.5.NoAdvisethemaster/crewthat they must maintainrecords of date, locationand volume of treatedgraywater. If they aredischarging treatedgraywater in waters of theUS; remind them theymust conduct monitoring.Monitoring records mustalso include who did theanalysis, date and results.The vessel must maintainone sample per quarter(four per year) and recordsof the sampling and testingresults must be retainedonboard for a period of 3years in the vessel’srecordkeepingdocumentationFor treated graywater:YesNo action needed.9Enclosure (1) to CG-543 Policy Letter 11-0110VGP RequirementCiteFindingActionCommentIf swimming pools or spasare on board large ormedium cruise vessels andthe pool or spa water isdischarged into theterritorial sea:Is there a record onboardof the testing of swimmingpool water beforedischarge to assure it meetslimits of 50 microgramsper liter for brominateddischarge and 10 ug/L forChlorine?Is there a record of thelocation of the discharge,the estimated volume ofthe discharge, and theconcentration of chlorineor bromine (as applicable)?Large cruise vessels:VGP 5.1.2.3Medium cruise vessels:5.2.2.3NoAdvisethemaster/crewthat there must be a recordof testing of swimmingpool water beforedischarge to assure itmeets limits of 50micrograms per liter forbrominated discharge and10 ug/L for Chlorine.Swimming pool dischargesare unlikely; however theinspector should checkrecords to ensure that anysuch discharges, if theyexist, comply with theVGP.