EPA to Add Numeric Limits to Ballast Water Discharge Rules Under Settlement with Environmental Groups - Marten Law

Posted By Alyssa Moir - March 23, 2011 - Marten Law

EPA will begin writing numeric limits into NPDES permits for ballast water from commercial vessels by November 2012, under the terms of a recent settlement resolving a legal challenge to the agency’s Vessel General Permit (VGP). EPA agreed to make the change to its ballast water regulations to settle a lawsuit brought by environmental groups and the State of Michigan who claimed that EPA’s existing regulations – which do not require water quality testing – are not adequate to ensure that invasive species are not being carried between water bodies.

Background

Ballast water is water that is taken in or released by cargo vessels to compensate for changes in a ship’s weight as cargo is loaded or unloaded, or as fuel and supplies are consumed. When a vessel takes in ballast water, it also takes in aquatic organisms that may then be carried from one port to another along the vessel’s route. When ballast water is released, non-native or invasive species may be introduced into new environments where they can cause environmental harm. The zebra mussel is probably the most publicized example of an invasive species whose inadvertent introduction to U.S. waters caused unintended harmful consequences. In the Pacific Northwest, fish and wildlife agencies are also concerned about the introduction of invasive aquatic species such as smooth cordgrass, Oyster drill, European green crabs, non-native tunicates, and zebra mussels, all passengers in ballast water.
EPA developed the VGP in order to comply with a court order, and published its final permit on December 18, 2008.[1] The permit program went into effect three months later, in February 2009. It applies to all vessels which discharge ballast water or other incidental discharges into waters of the United States, except for (1) recreational vessels,[2] and (2) vessels of the armed forces.[3] Vessels that are covered under the permit include commercial fishing vessels (only for ballast water), cruise ships, research vessels, ferries, oil tankers or petroleum tankers, barges, bulk carriers, cargo ships, container ships, other cargo freighters, mobile offshore drilling units, refrigerant ships, government vessels not part of the armed forces, emergency response vessels, and any other vessels operating in a capacity of transportation.[4] For more details regarding the history of the VGP, see A. Moir, Battle of the Bilge: EPA Issues Draft NPDES Permits for Incidental Boat Discharges, Marten Law – Environmental News (July 16, 2008) and EPA General Permit for Ballast Water Discharge Goes Into Effect, Marten Law – Environmental News (February 27, 2009).

Complete Article at:
http://www.martenlaw.com/newsletter/20110323-ballast-water-numeric-limits