On the sidelines of Posidonia 2018 fair trade show in Athens earlier this month, Rear Adm. John Nadeau talked about ballast water management regulations, discussing on global trends and the impacts to the Marine Transportation System.
A request for a BWMS compliance extension must explicitly state and provide evidence that one of the five accepted methods spelled out in the regulations, including installation of a type approved system, is not possible before compliance date, Mr. Nadeau noted. These five methods are:
1. Installing and using a USCG type approved BWMS to meet discharge standards
2. Temporary use of an Alternate Management System
3. Use of water from a US public water system
4. Discharge of ballast water to an appropriate reception facility
5. Discharge of ballast water more than 12 nm from shore
We recognize there are some problems with supplies, support, training, system malfunctions, and maintenance requirements. But, we are actively enforcing the requirement. Every domestic and Port State Control exam assesses compliance, and failure of the exam may result in penalties. Marine inspectors will verify crew knowledge of the equipment, examine the condition of the equipment, and review documentation and the type approval certificate.
At this point, Mr. Nadeau emphasized the importance for owners and operators to review and update their BWM plan routinely, train crews, and incorporate BWM into SMS, phasing out exchange and AMS as compliance options.
Your ship-specific ballast water management plan should include training, safety and documentation procedures, contingency plans if the system is rendered inoperable, detailed fouling maintenance and sediment removal procedures, and procedures for coordinating your strategy and any problems with the Captain of the Port. The plan should also identify your designated officer in charge of ballast water management.
Moving further, he acknowledged the complexity of requirements from multiple US agencies and states that cover BWM. The Clean Water Act requires all regulated discharges to meet effluent limitations.
Clean Water Act permits, either individual or general, are good for five years. Given the large number of potential sources of vessels, EPA made the decision to use general permits. The 2013 Vessel General Permit (VGP) includes numeric ballast water discharge limits consistent with Coast Guard regulations and the IMO convention.
The Clean Water Act does not allow EPA to offer extensions to compliance dates, he added. However, EPA treats vessels with Coast Guard extensions as a low enforcement priority. Coast Guard rules do not apply to crude oil tankers in coastwise trade, but these are subject to the VGP.
Some US states have ballast water requirements either in regulations or in the VGP. The National Invasive Species Act and Clean Water Act do not give the Coast Guard authority to preempt states. States can also add requirements to the VGP by certification letters to EPA. The bottom line is that vessels that have reached compliance date will not be allowed to discharge unmanaged ballast water in US waters.
Mr. Nadeau also provided an insight into the complexities of the global environment that affect the maritime industry, like AI, blockchain technology, nanotechnology, drones, and autonomy, stressing that we need to be responsible stewards.
We must also consider the complexities of the global environment we operate in – physical, social, economic, and political changes that although may not be imminent, are worth watching.
Rising seas, more sudden and extreme weather and the stress these will have on the water and food supply. The UN predicts that half of the world’s population will face water shortages due to population growth and the resulting increase in consumption.
The Coast Guard, and all of you, must strive for safety, security, and stewardship in the global maritime commons. We need effective, relevant governance that involves port, coastal, and flag states, maritime industry, and other stakeholders. We can’t be defeated by failure of imagination. We must all embrace a willingness to take risks, dream, and innovate. To meet the challenges of the 21st Century, we need effective governance.