USCG issued a summary of questions asked of Coast Guard panelists and their responses during September’s 4th Annual BWMTech North America Conference.
Panelists noted that USCG considers compliance with ballast water regulations as important as compliance with other pollution prevention requirements. When asked about any influence of IMO’s BWM Convention in the USCG’s perspective on BWMS, they said that the treaty does not affect U.S. regulations.
If a BWMS is inoperable, operators should notify the COTP or District Commander nearest to the location where the failure is experienced. The regulation was written that way to take into consideration any safety issues the ship may be facing due to the inoperable or malfunctioning BWMS. However, in addition to the nearest COTP, they are also recommended to notify the destination COTP because that’s who will work with them regarding arrival.
What advice or guidance do you have for owners and operators when it comes to addressing contingencies in their BWMS plans? It’s important to understand that the vessel’s ballast water management plan (BWMP) must specifically address how to comply with the regulations if the intended method of ballast water management is not available. The plan should include strategies available to the vessel based on its capabilities, route and voyage duration. If an operator is found to be non-compliant, the COTP may impose operational controls that restrict the vessel’s movement or cargo operation, monetary penalty, and a higher priority consideration for future examinations. Restrictions in cargo operations can cost a vessel owner anywhere from $30,000 to more than $100,000 for port, agent, or pilot fees; additional fuel; cargo delays; or other penalties. There is also the potential for prosecution if criminal intent is suspected. Will the Coast Guard continue to grant extensions for a vessel’s compliance date? Although the USCG may still grant compliance date extensions, extensions themselves are not a strategy to meet the regulatory requirements. Extensions will only be granted for vessels that can document that, although compliance is not possible now, a strategy is in place to meet the requirements within a specific timeframe. Extension requests must also document that each of the U.S. type approved systems were evaluated as part of the vessel’s compliance strategy and other compliance methods allowed by the regulations were considered, and the application must provide an argument as to why each is not considered suitable for the vessel. Explore more questions and answers here.
