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EPA/WATER

RIN: 2040-AE93

Publication ID: Spring 2009

Title: NPDES General Permits for Discharges Incidental to the Normal Operations of a Vessel
Abstract: Creation of this permit was necessary to address a District Court ruling which vacated a regulatory exemption at 40 CFR 122.3(a). Nw. Envtl. Advocates v. EPA, 2006 U.S. Dist. LEXIS 69476 (N.D. Cal. Sept. 18, 2006). The regulation excluded discharges incidental to the normal operation of a vessel from NPDES permitting and had existed, essentially unchanged, since 1973. Under the ruling and subsequent extensions, the district court vacated the entire exclusion as of February 6, 2009. Once vacatur took place, discharges of pollutants incidental to the normal operation of a vessel that had formerly been exempted from NPDES permitting by the regulation became subject to the prohibition in CWA section 301(a) against the discharge of a pollutant without an NPDES permit.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 122.3
Legal Authority: 33 USC 1342

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Proposal	06/17/2008	73 FR 34296
Final	12/29/2008	73 FR 79473

Additional Information: SAN No. 5162; EPA publication information: Proposal - http://edocket.access.gpo.gov/2008/pdf/E8-13615.pdf; EPA Docket information: EPA-HQ-OW-2008-0055
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/npdes/vessels
RIN Data Printed in the FR: No
Agency Contact: Ryan Albert Environmental Protection Agency Water 4203M, Washington, DC 20460 Phone:202 564-0763 Email: albert.ryan@epa.gov Juhi Saxena Environmental Protection Agency Water 4504T, Washington, DC 20460 Phone:202 564-0719 Email: Saxena.Juhi@epamail.epa.gov