The Evolving Ballast Water Conundrum

The U.S. Environmental Protection Agency ("EPA") recently issued long-awaited guidance regarding the coordination and interplay between the compliance date extensions the U.S. Coast Guard is issuing for ballast water management discharge standards and the EPA's approach to the same under the new Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels ("2013 VGP"). Despite the Coast Guard's authority—and willingness—to grant extensions to its implementation schedule, the EPA confirmed that the implementation date for the 2013 VGP ballast water management standards would not be extended to match those granted by the Coast Guard. While the Coast Guard and EPA maintain a purportedly collaborative approach to addressing ballast water management challenges, the EPA's recent policy represents a split between the co‑regulators' respective enforcement approaches. As such, the EPA's divergence with the Coast Guard's policy means that even with a Coast