U.S. Legislation
Ballast water discharged from ships is one of the pathways for the introduction and spread of aquatic nuisance species (ANS). In response to national concerns, the National Invasive Species Act of 1996 (NISA) was reauthorized and amended the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA). NISA required the Coast Guard to establish national voluntary ballast water management guidelines. If the guidelines were deemed inadequate, NISA directed the Coast Guard to convert them into a mandatory national program. To comply with NISA, the Coast Guard established both regulations and guidelines to prevent the introduction of ANS.
Under the initial nationwide program which began in 1998, a self-policing program was established where ballast water management (BWM) was initially voluntary for a period of 24-30 months. However, the rate of compliance was found to be inadequate, and vessel operators often failed to submit mandatory ballast water reports to the Coast Guard during this timeframe. The voluntary program has since become mandatory under the rules found in 33 CFR 151. During 2008, the Coast Guard reported a 99% inspection/compliance rate.
International Maritime Organization
In 2004, after more than 10 years of preparatory work, the International Maritime Organization (IMO) adopted the International Convention for the Control and Management of Ships’ Ballast Water and Sediments (IMO 2004). This convention, which has yet to be ratified by the necessary quorum of the world’s maritime nations, aims to “prevent, minimize and ultimately eliminate the risks to the environment, human health, property and resources arising from the transfer of harmful aquatic organisms and pathogens via ships’ ballast water.” More information can be found at www.imo.org.
Canadian Legislation
The ballast water control and management regulations contained in the Canada Shipping Act of 2006 include ballast water standards identical to those proposed in the IMO convention.
USEPA Rulemaking Petition Related to Ballast Water
On September 3, 2003, EPA denied a rulemaking petition submitted by a number of interested parties that sought to repeal a long-standing provision of EPA's regulations excluding certain discharges incidental to the normal operation of vessels, including ballast water, from permitting under the Clean Water Act. That petition expressed concerns regarding discharges of ships’ ballast water containing invasive species. EPA denied the petition for a variety of reasons, as explained in EPA's decision on the rulemaking petition and related supporting documents (see links below).
Subsequently, the petitioners filed a lawsuit in the U.S. District Court for the Northern District of California (Northwest Environmental Advocates et al. v. EPA, No. C 03-05760 SI). On March 30, 2005, the court granted summary judgment to plaintiffs, and on September 18, 2006, issued an order granting injunctive relief (see links below).
In light of the Northwest Environmental Advocates (NWEA) litigation, EPA has now developed two general NPDES permits which it is proposing for public comment. The 2008 Vessel General Permit (VGP) regulates discharges incidental to the normal operation of vessels operating in a capacity as a means of transportation. The VGP includes general effluent limits applicable to all discharges; general effluent limits applicable to 26 specific discharge streams; narrative water-quality based effluent limits; inspection, monitoring, recordkeeping, and reporting requirements; and additional requirements applicable to certain vessel types.
Recreational vessels as defined in section 502(25) of the Clean Water Act are not subject to this permit. In addition, with the exception of ballast water discharges, non-recreational vessels less than 79 feet (24.08 meters) in length, and all commercial fishing vessels, regardless of length, are not subject to this permit.
EPA signed the final VGP on December 18, 2008, with an effective date of December 19, 2008. Subsequently, the U.S. District Court for the Northern District of California recently signed an order providing that "the exemption for discharges incidental to the normal operation of a vessel, contained in 40 C.F.R. § 122.3(a), is vacated as of February 6, 2009." Therefore, the regulated community needed to comply with the terms of the VGP as of February 6, 2009. For information on how the court order affects the "effective date" and other dates in the VGP, see the "DATES" section of the Federal Register Notice announcing the availability of the VGP.
EPA and the US Coast Guard have developed a joint fact sheet on the VGP. More information on EPA’s Final VGP can be found at EPA’s Vessel Discharges webpage.
U.S. Coast Guard Rulemaking
On 15 May 2009, the Secretary of Homeland Security approved the Ballast Water Discharge Standard Notice of Proposed Rulemaking (NPRM) package for submission to the Office of Management and Budget (OMB). In accordance with Executive Order 12866, OMB has 90 days to review the NPRM, reconcile interagency questions and concerns, and either release the package for publication in the Federal Register or disapprove its publication. Although the contents of the NPRM are not available to the public until OMB approves the document for publication in the Federal Register, other federal agencies are able to review the NPRM and provide their comments to OMB and the Coast Guard during this time. More can be found on the Coast Guard’s Ballast Water Management webpage.
