Security Levels


 

  National Threat Level: Elevated

Ballast Water ManagementANS LOGO

 

 

Ballast Water Discharge Standard Rulemaking: 

On 15 May 2009, the Secretary of Homeland Security approved the Ballast Water Discharge Standard Notice of Proposed Rulemaking (NPRM) package for submission to the Office of Management and Budget (OMB).  In accordance with Executive Order 12866, OMB has 90 days to review the NPRM, reconcile interagency questions and concerns, and either release the package for publication in the Federal Register or disapprove its publication.  Although the contents of the NPRM are not available to the public until OMB approves the document for publication in the Federal Register, other federal agencies are able to review the NPRM and provide their comments to OMB and the Coast Guard during this time.

        OMB/OIRA:  http://www.reginfo.gov/public/do/eoPackageMain

Overview:

Ballast Water TestBallast 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 initially voluntary for a period of 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 during this timeframe. The voluntary program has become mandatory under the rules found in 33 CFR 151.

Penalties for Non-submittal of Ballast Water Reports:

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 of up to $27,500 per day 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

Mandatory Ballast Water Management Program for U.S. Waters:

On July 28, 2004, the U.S. Coast Guard published regulations establishing a national mandatory ballast water management program for all vessels equipped with ballast water tanks that enter or operate within U.S. waters. These regulations also require vessels to maintain a ballast water management plan that is specific for that vessel and assigns responsibility to the master or appropriate official to understand and execute the ballast water management strategy for that vessel.

Compliance Guidance:

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.

Ballast Water Management Equivalent Reporting Program:

The Coast Guard and the National Ballast Information Clearinghouse (NBIC) have launched the new 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

Contact the Environmental Standards Division:

 

Environmental Standards Division (CG-5224)
U.S. Coast Guard Headquarters 
2100 Second Street SW
Washington, DC 20593

Tel: 202-372-1402

E-mail:  environmental_standards@uscg.mil

Listserv:  http://cgls.uscg.mil/mailman/listinfo/environmentalstds

Web:  www.uscg.mil/environmental_standards/

 

Last Modified 5/26/2009