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 has 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 voluntary for 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. In 2004, the voluntary program became mandatory and current regulations are at 33 CFR 151 subparts C and D.
The Coast Guard's final rule was published on March 23, 2012 in the Federal Register, and is effective 90 days after publication, or June 21, 2012.
The Coast Guard is amending its regulations on ballast water management by establishing a standard for the allowable concentration of living organisms in ballast water discharged from ships in waters of the United States. The Coast Guard is also amending its regulations for engineering equipment by establishing an approval process for ballast water management systems.
The numerical limits set by the discharge standard in this Final Rule are supported by reports from the National Academy of Science and the U.S. Environmental Protection Agency Science Advisory Board in 2011 as the most stringent that vessels can practicably implement and that the Coast Guard can enforce at this time.
Documents and public comments are located in the official rulemaking docket USCG-2001-10486. The following documents are available here:
The U.S. Environmental Protection Agency's Environmental Technology Verification (ETV) Program published a final protocol for verification of ballast water treatment systems. This protocol was developed under a collaboration between EPA and the U.S. Coast Guard.
Generic Protocol for the Verification of Ballast Water Treatment Technology (September 2010) http://www.epa.gov/nrmrl/pubs/600r10146/600r10146.pdf
The Coast Guard and the National Ballast Information Clearinghouse (NBIC) offer an Equivalent Reporting Program for vessels operating exclusively in the U.S. Exclusive Economic Zone (EEZ).
This program offers an alternative for an Owner, Operator, Master, Agent, Person-in-Charge or Charterer of a vessel to submit required Ballast Water Management (BWM) Reports in a single batch report on a monthly basis, instead of on a port-to-port, pre-arrival schedule as required under 33 CFR 151.204(b).
To be accepted into this program, a BWM Equivalent Reporting Program Application must be filled out and emailed as an attachment to the Coast Guard’s Environmental Standards Division.
Each applicant vessel must operate exclusively within the EEZ or Canadian equivalent; must not have ever been listed on a Coast Guard Lookout List for failing to submit a BWM report or for submitting incomplete or inaccurate reports; have suitable capability for emailing the form as an attachment; and either make 10 or more BWM reports per calendar month or be part of a fleet of applicant vessels, owned by the same company, who make 50 or more BWM reports per calendar month.
To learn more about this program and download a BWM Equivalent Program Application and submission information, visit: http://invasions.si.edu/nbic/equivalentprogram.html
In a notice of policy, published in the Federal Register on August 31, 2005,
the Coast Guard established best management practices for vessels entering the Great Lakes that declare No Ballast On Board (NOBOB).
These best management practices are designed to reduce aquatic nonindigenous species (NIS) introductions into the Great Lakes.
A fact sheet is also available.
On October 29, 2004, the U.S.
Coast Guard (USCG) issued
Change-1 to the Navigation and Vessel Inspection Circular (NVIC) 07-04,
titled “Ballast Water Management for the Control of Aquatic Nuisance Species
in the Waters of the United States.” The NVIC provides guidance for USCG
personnel, vessel owners and operators, masters, shipping agents, and
persons-in-charge concerning compliance with and enforcement of the USCG’s
Ballast Water Management (BWM) Program. On June 14, 2004, the Coast
Guard published
regulations establishing penalties for ships headed to the U.S. that
fail to submit a ballast water management reporting form, as well as vessels
bound for the Great Lakes or portions of the Hudson River that violate
mandatory ballast water management requirements. These regulations also
increase the number of vessels subject to these provisions by expanding the
reporting and the recordkeeping requirements on ships, increasing the Coast
Guard’s ability to determine the patterns of ballast water movement as
required by NISA. The Coast Guard may now impose a civil penalty or Class C Felony charge for non-submittal. Vessels are
strongly encouraged to electronically submit ballast water management
reporting forms via email and/or web-based methods available at the National
Ballast Information Clearinghouse web site:
http://invasions.si.edu/nbic/submit.html Environmental Standards Division (CG-OES-3) Tel: 202-372-1402
E-mail: environmental_standards@uscg.mil Listserv: http://cgls.uscg.mil/mailman/listinfo/environmentalstds
Web: www.uscg.mil/environmental_standards/ Compliance Guidance:
Penalties
for Non-submittal of Ballast Water Reports:
Contact the Environmental Standards Division:
U.S. Coast Guard Headquarters
2100 Second Street SW
Washington, DC 20593