VGP 3.0 will take effect when VGP 2.0 expires on Dec. 19, 2018.
K&L Gates noted VGP 3.0 needs to respond to concerns arising from environmental organizations’ successful challenge of VGP 2.0 when the Second Circuit Court of Appeals ruled EPA's decision-making process under the Clean Water Act was 'arbitrary and capricious.'
EPA's rules have to be better justified, or potentially made more stringent than International Maritime Organization and US Coast Guard standards governing ballast water.
In particular, K&L Gates said, the new VGP must address best available technology, on-shore treatment and justifiable exemptions.
Once the draft rule is ready, the public will have 60 to 75 days to submit comments.
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