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Currently Existing Wiki page- Ballast water regulation in the United States

  • United States regulation of ballast water discharge (current organization)
    • 1.1 National Invasive Species Act
    • 1.2 Clean Water Act
      • 1.2.1 Background
      • 1.2.2 2013-2014 EPA general permits
    • 1.3 Coast Guard requirements

suggested edits: Move National Invasive Species Act underneath Clean water act heading; change overall heading to Legislative History; add following text after clean water act.

Ballast Water Regulation[edit]

Legistlative History[edit]

Northwest Environmental Advocates, et al. v. U.S. EPA[edit]

Beginning with a petition to the Environmental Protection Agency (EPA) in 1999 by a number of conservation organizations and civilian groups, the environmental groups Northwest Environmental Advocates, San Francisco Baykeeper, and The Ocean Conservancy requested the EPA repeal the exemption of ballast water in vessel discharge permits.[1] When this petition was denied, the groups filed a lawsuit against the EPA in 2003, joined by Great Lakes States of  Illinois, Michigan, Minnesota, New York, Pennsylvania, and Wisconsin.[2] In 2005, U.S. District Judge Susan Illston ruled that the EPA exceeded its authority[3] under the 1973 Clean Water Act regulation C.F.R. § 122.3(a), which did not require permits for certain types of marine vessel discharges in U.S. waters, including laundry, shower, and galley sink wastes, and any other incidental discharge normal to the operation of a vessel, including ballast water.[4]

In September 2006, California Governor Arnold Schwarzenegger signed legislation into effect that required cargo vessel, cruise liner, and other vessel ballast water discharge regulation by the California State Lands Commission. These regulations were to be put into effect by January 2008.[1]

In 2007, an appeal against the ruling was submitted by the EPA, and in 2008 the United States Court of Appeals for the Ninth Circuit upheld the conclusion that the EPA had overstepped its authority under the Clean Water Act in not requiring vessel permits for these types of discharge.[5] During the appeal process, a regulation requiring the dumping of ballast water 200 miles offshore was being drafted and would take effect September 2008.[6]

2008 EPA Vessel General Permit (VGP)[edit]

In response to the court ruling, the EPA created a Vessel General Permit drafted in June of 2008 and finalized in December 2008 covering the incidental discharges of all commercial and non-recreational vessels, and recreational vessels longer or equal to 79 feet.[7]

Clean Boating Act of 2008[edit]

Senate Bill stating recreational vessels of any size are not required to get a NPDES permit for incidental discharges to normal vessel operation.[8]

2012 Coast Guard Standards for Ballast Water Discharge Final Ruling[edit]

Before the final ruling in ballast water standards in 2012, many vessels arriving from outside the EEZ were able to be exempted from safety regulations by exhanging ballast water mid-ocean. Vessels also had to report number of ballast water tanks, each tank's volume, and origin of the ballast water to be discharged. Areas overrun with invasive species should be avoided for both uptake and discharge of ballast water.[9]

The new regulations have the same requirements for avoiding uptake and discharge in sensitive areas and for recording and reporting ballast water in vessels. The management of ballast water were expanded to include training and safety procedures as well as maintenance and removal practices of foulding species and sediment. Ship owners could also request an extension on the compliance date for this new ruling if compliance was not possible by the set implementation date, which for new vessels was Dec 1, 2013, for existing vessels of less than 1,500 cubic meters or greater than 5,000 cubic meters was Jan 1, 2016, and for vessels 1,500-5000 cubic meters was Jan 1, 2014.[10]

This ruling also implemented standards for the allowable concentration of living organisms in ballast water discharge. Organisms greater than 50 micrometers have to be in concentration of less than 10 organisms per cubic meter, and organisms less than 50 but greater than 10 micrometers have to be in concentration of less than 10 organisms per mililiter. Microorganisms which serve as indicators for problematic ballast water also have set standards per 100 mL. There must be less than 1 colony forming unit toxicogenic Vibrio cholerae, less than 250 cfu of E. coli, and less than 100 cfu of intestinal enterococci.[10]

Also established by this ruling was the approval process of Ballast Water Management Systems. Independent laboratories vetted by USCG test the equipment, incorporating EPA Environmental Technology Verification Program land-based protocols. For foreign-type approved systems installed before the compliance dates, a 5-year grandfather period was inacted, so long as the systems were approved in accordance with IMO Ballast Water Convention by the foreign administration.[11][12]

This ruling's jurisdiction covers the US territorial sea (12 nautical miles), and vessels that depart the Great Lakes, go beyond the EEZ, and return, passing upstream of Snell Lock.[10]

2013 General Vessel Permit (VGP)[edit]

The finalized permit for authorizing discharges incidental to noral vessel operation for non-military and non-recreational vessels greater than or equal to 79 feet in length was effective on Dec 19, 2013.[13]

Howard Coble Coast Guard and Maritime Transportation Act of 2014[edit]

As the previous moratorium stating no NPDES permits shall be required for discharges (except discharges of ballast water) for vessels less than 79 feet expired in Dec 2014, the Senate enacted a new bill in 2014 preventing the EPA from requiring general vessel permits once again for incidental discharge. This Act exempted vessels smaller than 79 feet in length as well as commercial fishing vessels of all sizes from having to obtain an NPDES permit for incidental discharges, except for ballast water.[14]

2014 Small Vessel General Permit (sVGP)[edit]

This permit, as a result of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, is not required by vessels less than 79 feet in length to obtain coverage of incidental discharges, excluding ballast water, until December 18, 2017.[15]

References[edit]

  1. ^ a b Associated Press (September 2006). "Judge Orders EPA to Issue New Rules on Ballast Water Discharge". Fox News.
  2. ^ Environment News Service (ENS) (Jul 30, 2008). "Court Ruling Ends Unpermitted Ballast Water Discharge". NBC New York.
  3. ^ Kay, Jane (April 2005). "Judge tells EPA to regulate ballast water aboard ships". SF Gate.
  4. ^ Exclusions, U.S. Government Publishing Office, CFR 18 § 122.3 (2002).
  5. ^ Northwest Environmental Advocates v. EPA. 9021. United States Court of Appeals for the Ninth Circuit. 23 July 2008.
  6. ^ Wollan, Malia (July 2008). "Judge: EPA must regulate ship water discharge". Washington Post.
  7. ^ EPA. Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel (2008).
  8. ^ Clean Boating Act. S. 288, 110 Cong., 2650 (2008) (enacted).
  9. ^ "Ballast Water Management Program". U.S. Coast Guard. Retrieved March 16, 2017.
  10. ^ a b c [1]
  11. ^ "Subpart 162.060—Ballast Water Management Systems". U.S. Coast Guard. December 6, 2016. Code of Federal Regulations, 46 CFR 162.060.
  12. ^ "Marine Safety Center issues Ballast Water Management System (BWMS) type-approval certificate to Optimarin AS". U.S. Coast Guard. December 2, 2016.
  13. ^ [2]
  14. ^ [3]
  15. ^ [4]
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