Posts tagged #Ballast Water Management

USCG Announces Ballast Water Management (BWM) Compliance Program Update

On December 2, 2016, the United States Coast Guard (USCG) issued its first Ballast Water Management System (BWMS) type-approval certificate, ushering in a new era in environmental compliance for companies operating commercial vessels with ballast water systems in U.S. waters (within 12 nautical miles). Based on public information about other, pending applications, we expect additional type approvals to issue soon. 

According to the USCG, with type-approved BWMS now available, any owner/operator of a commercial vessel requesting a BWMS extension to the regulatory deadlines for compliance must provide the U.S. Coast Guard with an explicit statement supported by documentary evidence that installation of the type approved system is not possible. Previously, since no BWMS had received USCG type-approval, vessel owners/operators could apply for extensions to a vessel’s compliance date by annotating that compliance was not possible.

U.S. Court of Appeals Invalidates Ballast Water Treatment Regulations & Vessel General Permit

On October 5, in the case of Natural Resources Defense Council v. U.S. EPA, the United States Court of Appeals for the Second Circuit invalidated the process USEPA used in promulgating its 2013 Vessel General Permit that sets that agency’s standards for discharges from merchant vessels under the federal Clean Water Act, also setting aside the VGP. Pursuant to the Court’s decision, EPA must completely re-do the regulatory process from the beginning, this time formulating a new VGP taking into account factors including: (1) EPA's previous decision to set the TBELs (Technology-based Effluent limitations) at the IMO (International Maritime Organization) Standard; (2) EPA's failure to consider onshore treatment for ballast water discharges; (3) EPA's decision to exempt pre–2009 Lakers from the TBELS in the 2013 VGP permit; (4) EPA's narrative standard for WQBELs (Water Quality-based Effluent Limitations) and (5) The monitoring and reporting requirements established by EPA for WQBELs.