August 2009
Authors:
Barry M. Hartman barry.hartman@klgates.com
+1.202.778.9338
Mark Ruge mark.ruge@klgates.com
+1.202.661.6231
Christopher R. Nestor christopher.nestor@klgates.com
+1.717.231.4812
Susan B. Geiger susan.geiger@klgates.com
+1.202.661.3818
K&L Gates is a global law firm with lawyers in 33 offices located in North
America, Europe, Asia and the Middle
East, and represents numerous GLOBAL
500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities.
For more information, visit www.klgates.com.
Operators and owners of certain vessels covered by EPA’s Vessel General Permit
(VGP) face a September 19, 2009 deadline to file with the agency a Notice of Intent
(NOI) to comply with the permit. If your vessel is greater than or equal to 300 gross tons or the vessel has the capacity to hold or discharge more than 8 cubic meters
(2113 gallons) of ballast water, you must submit an NOI in accordance with the requirements of Part 10 of the VGP by the September 19, 2009 deadline. The requirement to file this notice does not excuse vessels from actually meeting the requirements of the VGP, which went into effect earlier this year. The September deadline for filing the notice was set by the EPA in order to give it the chance to create a system for accepting this documentation, and to give vessel owners and operators additional time to complete it.
A discussion of what the VGP is, the vessels it covers, and issues it presents for the vessel owners and operators can be found at http://www.klgates.com/newsstand/Detail.aspx?publication=5211 . A more detailed discussion of the VGP’s requirements, along with source material, can be found on the K&L Gates maritime website at http://www.klgates.com/practices/vessel_discharge_resources/ . The EPA website where the filing can be made electronically can be found at http://cfpub.epa.gov/npdes/home.cfm?program_id=350#authorization .
The NOI may be filed via paper or electronically. It requires background information and also requires that the filer select which of the 26 covered incidental discharges the vessel “may generate.” It also requires the filer to sign a certification that states:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information contained therein. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
The NOI further requires that the person who prepares but does not sign the certification also be identified. Filing a knowingly false certification can expose the signer to significant criminal penalties, including imprisonment.

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K&L Gates is a global law firm with lawyers in 33 offices located in North America, Europe, Asia and the Middle East, and represents numerous
GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information, visit www.klgates.com.
K&L Gates comprises multiple affiliated partnerships: a limited liability partnership with the full name K&L Gates LLP qualified in Delaware and maintaining offices throughout the United States, in Berlin and Frankfurt, Germany, in Beijing (K&L Gates LLP Beijing Representative Office), in
Dubai, U.A.E., in Shanghai (K&L Gates LLP Shanghai Representative Office), and in Singapore; a limited liability partnership (also named K&L
Gates LLP) incorporated in England and maintaining offices in London and Paris; a Taiwan general partnership (K&L Gates) maintaining an office in
Taipei; and a Hong Kong general partnership (K&L Gates, Solicitors) maintaining an office in Hong Kong. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office.
This publication is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.
©2009 K&L Gates LLP. All Rights Reserved.
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