USCG Ballast Water Update

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USCG Ballast Water Update

• Richard A. Everett
• Environmental Standards Division
• (CG-5224)
• US Coast Guard
• December 5, 2007

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CG Ballast Water Initiatives

• Development of a national BW Discharge Standard
• BW treatment system approval protocols
• STEP
• International Developments

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Why issue a BWD Standard?

• Ballast Water Exchange issues
• -Safety and voyage constraints
• -Effectiveness is variable
• Benchmark to approve BWM systems
• -Easier to compare to than BWE
• Should increase the level of BWM conducted by
  vessels

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Legislative Authority to issue a BWD standard

• National Invasive Species Act of 1996 (NISA)
• Establishes our authority to approve BW treatment
  systems
• Establishes our ability to implement a BWD
  standard
• BWE clearly viewed as an initial step
• Secretary (USCG) given discretion to promulgate
  additional regulations as necessary

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Current Rulemaking Project

• The BWD Standard regulation would
• Set a concentration-based standard ( of
  organisms/volume of ballast water)
• Be used to approve BWT technologies
• Be environmentally protective, scientifically
  sound, and enforceable

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BWD Standard Rulemaking(contd)

• Specifically, the BWD Standard should address the
  full range of organisms including
• -Microbes (pathogens)
• -All life stages (adults, juveniles, larvae,
  resting stages)
• -Those that reproduce asexually

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Components of the Regulatory Project

• Regulatory Analysis
• Cost/benefit
• Environmental Analyses
• Drafting the Regulatory Text
• Notice of Proposed Rule-making (NPRM)
• In progress
• Final Rule

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Regulatory Assessment (Cost-Benefit Analysis)

• Executive Order 12866
• -Assess cost and benefits
• Regulatory Flexibility Act
• -Economic impacts to small businesses
• Small Business Regulatory Enforcement Fairness
  Act
• -Assistance to small businesses

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Regulatory Assessment

• Addresses potential costs and benefits of
  implementing a BWD standard
• Addresses costs and benefits of alternatives
  analyzed in the Programmatic Environmental Impact
  Statement (DPEIS)
• This analysis is completed and is part of the
  DPEIS

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Environmental Analyses

• Programmatic Environmental Impact Statement
  (DPEIS)
• ESA Consultation
• CZMA Consistency Determination

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Draft Programmatic Environmental Impact Statement
(DPEIS)

• Required under
• the National Environmental Policy Act
• (NEPA)
• DPEIS consists of
• -Purpose and Need
• -Range of Alternatives
• Different Standards
• -Affected Environment
• -Environmental Consequences

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DPEIS Approach

• Expert Panel Workshop
• -Comprised of NEPA Experts and Biologists from
  the 5 cooperating agencies
• -Finish the DPEIS analysis and obtain
  interagency team agreement
• -Took place in May 2007 in Charleston, SC.

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DPEIS Status

• Incorporated interagency comments in Summer 2007
• DPEIS is in CG clearance
• Anticipate publishing DPEIS in Winter 2007 and
  hold 3 Public Meetings to solicit comments (WC,
  GL, DC)
• Incorporate comments into the NPRM and publish
  soon thereafter, with additional Public Meetings

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Approving BWT Technologies

• Must meet the BWD Standard
• Must ALSO meet Engineering and Operational
  Requirements (46 CFR)
• - Approval of Equipment and Materials
• - Approval of Electrical Equipment
• - Approval of Engineering Equipment
• - Approval of Piping Equipment

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Approving BWM Systems

• Type Approval of systems
• Rigorous land-based testing
• Shipboard qualification
• Consistent with existing USCG procedures and BWM
  Convention
• Requires development of standard test protocols
• Efficacy in killing/removing wide range of
  organisms (bacteria fish)
• Under wide range of water quality conditions
  (blue water turbid industrial estuaries
  freshwater lakes)
• Under wide range of operating conditions (temp,
  humidity, sea state)

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EPA Environmental Technology Verification Program
Performance Verification ofBallast Water
Treatment Technologies
United States Coast Guard
Coastal Resource and Environmental Management
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ETV Tech Panel
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Research and Development
Ballast Water Treatment Test Facility at NRL Key
West

• Test facility operational
• EPA ETV Protocols largely validated
• Some Improvements Reqd
• Severn-Trent system used in validation
• Test Report in Review

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STEP Shipboard Technology Evaluation Program

• Intended to facilitate development of effective
  BW treatment options
• Available to all vessels, foreign and domestic,
  subject to USCG regulations (33 CFR 151 Subparts
  C D)
• Currently reviewing 4 applications
• Significant delays in CG ability to process first
  3 applications.
• Environmental Assessments (EAs) will be released
  soon for first 3 applications.
• Currently assessing options to streamline and
  expand program
• 3rd party review of applications and preparation
  of EAs?
• Applicant expense
• Applicant schedule
• Multiple vessels per application?
• Increased complexity for EAs
• Distribution of test effort among vessels

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Ballast Water Management Convention of 2004

• Key provisions for U.S.
• Phase out of BW Exchange
• BW discharge standard
• More protective than BWE, but not as stringent as
  many in U.S. want
• Challenges to technology
• meet the standard
• wide availability on the desired schedule
• Parties may implement more stringent measures
• Parties may test discharges to confirm compliance
  with the discharge standard

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Ballast Water Management Convention

• Entry into force 12 months after ratification by
  30 member states representing 35 of the worlds
  merchant shipping tonnage
• To date Ratified by 10 states representing 3.42
  of shipping tonnage

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Guidelines supporting the Convention

• Status
• 14 of 15 sets of guidelines adopted
• 1 remaining Guideline to be developed further at
  BLG 12 (Feb 08)
• Sampling (G2)
• Divergence of Opinion
• Some Administrations and ship owners-
• Specify details of sample acquisition, analysis,
  and interpretation
• Average of samples to be below standard
• U.S. How to get a sample
• Analysis and interpretation left to
  Administration
• No averaging required

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Ballast Water Treatment System Approvals

• IMO Active Substance approvals under G9
• Paraclean Ocean System, proposed by Germany
• Electro Clean System, proposed by the Republic of
  Korea
• Special Pipe Ballast Water Management System
  combined with ozone treatment, proposed by Japan
• EctoSys. electrochemical System, proposed by
  Sweden
• NK Ballast Water Treatment System, proposed by
  the Republic of Korea and
• PureBallast System, proposed by Norway and
  Sweden, which was also given Final Approval.
• Type approval pends successful shipboard tests
• Administration Type approvals under G8
• NEI VOS deoxygenation system by Liberia

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Recent and Upcoming Meetings

• Assembly (November 19-30, 2007)
• Major BW decision
• Resolution - Ships subject to Reg B-3.3
  constructed in 2009 not required to meet
  Regulation D-2 until 2nd annual survey,, but no
  later than 31 December, 2011.
• Due to lack of available treatment systems
  build contracts already in place.
• BLG 12 (February 4 - 8, 2007)
• Sampling Guideline (G2)
• Alignment of G8 and G9
• G9 (Approval of BWT systems using AS)
• Human Exposure Scenario
• Criteria to evaluate systems using same substance
  (me too)
• GESAMP Methodology
• Procedure for assessing same level of
  protection when evaluating other methods of BW
  management under Regulation B-3.7
• MEPC 57 (March 31 April 4)
• Review Group availability of BWT technology
• Applications for approval under G9 (7)
• Outcome of BLG 12

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Biofouling at IMO

• Biofouling management proposed as a new work item
  for MEPC
• Australia, New Zealand, United Kingdom proposal
• MEPC 56 agreed to proposal in July 2007.
• First phase will be a scoping effort to determine
  the best approach for IMO to take
• New convention
• Amend an existing convention
• Ballast Water
• Antifouling
• Guidelines

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Next Steps

• Publish and implement the BWD Standard Regulation
  to include BWTS test protocols and BWTS approval
  process
• Continue and refine STEP
• Continue to engage actively at IMO
• Refine guidelines
• Address biofouling
• Exchange information on testing and approvals of
  technologies
• Update existing BWM Reporting and Recordkeeping
  Regulations and NOBOB requirements
• Develop improved methods and technologies for
  assessing compliance with BWD Standard

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Further information on the U.S. Coast Guards ANS
Program can be found at http//www.uscg.mil/hq/g
-m/mso/estandards.htm