Posts tagged #Water Treatment

U.S. Court of Appeals Invalidates Ballast Water Treatment Regulations & Vessel General Permit

On October 5, in the case of Natural Resources Defense Council v. U.S. EPA, the United States Court of Appeals for the Second Circuit invalidated the process USEPA used in promulgating its 2013 Vessel General Permit that sets that agency’s standards for discharges from merchant vessels under the federal Clean Water Act, also setting aside the VGP. Pursuant to the Court’s decision, EPA must completely re-do the regulatory process from the beginning, this time formulating a new VGP taking into account factors including: (1) EPA's previous decision to set the TBELs (Technology-based Effluent limitations) at the IMO (International Maritime Organization) Standard; (2) EPA's failure to consider onshore treatment for ballast water discharges; (3) EPA's decision to exempt pre–2009 Lakers from the TBELS in the 2013 VGP permit; (4) EPA's narrative standard for WQBELs (Water Quality-based Effluent Limitations) and (5) The monitoring and reporting requirements established by EPA for WQBELs.