US Environmental Protection Agency issues a notice on the Vessel Incidental Discharge Act (VIDA), which explains its thought processes on rulemaking for national standards of performance for marine pollution control devices
The supplemental notice of proposed rulemaking explains the processes and analysis EPA has undertaken ahead of the rules to be created to meet obligations under VIDA. This has been the subject of some controversy, being two years late and the subject of the threat of legal action from by the US Center for Biological Diversity and Friends of the Earth.
A link to the document, EPA 40 CFR Part 139, is provided below but readers should be warned – it runs to 25 pages. Below is a summary of the contents of the EPA document.
One of the most controversial aspects in the document is that EPA has examined data from other parties and found no evidence to depart from the existing numeric discharge standards for biological parameters. This includes data gathered from USCG ballast water management system (BWMS) type-approval: EPA found that test methods and statistical challenges prevented reliably measuring efficacy of treatments against more stringent performance standard.
Some commentators had called for more stringent standards, while other considered the data and analysis of IMO standards sufficient.
EPA found that comments received on the proposed rule included concerns related to outdated information, poor quality control of data sources, inconsistency and feasibility of modifications to BWMS designs.
EPA requested non-confidential/non-proprietary test data for all systems type-approved by the date of publication and its analysis focused on the two largest organism sizes classes with 1,820 treatment discharge results from 49 BWMS type-approval data sets. This revealed no clear stratifications of ’best’ or ’worst’ system groupings identified; although a sensitivity analysis identified 25 BWMSs as best.
The national discharge standard was calculated using all BWMSs and only a subset of best BWMSs; supplemental regulatory options considered for ballast tanks, hulls and associated niche areas and greywater systems.
The Great Lakes received a lot of attention for supplemental notice of proposed rulemaking, as the EPA received a lot of comments in this regards.
EPA noted, “Given the unique characteristics of Lakers and the challenging environmental conditions of the Great Lakes, EPA has been unable to identify any available BWMS technology that would enable Lakers to reliably achieve the numeric ballast water discharge standard.”
This will be difficult to resolve and EPA noted VIDA provides process for Governors of Great Lakes states to develop enhanced requirements for incidental discharges including ballast water. EPA is also considering creating a subcategory for New Lakers.
EPA now invites comments from all interested parties, not just US citizens or residents, and the document details how these comments are to be sent.
Comments on the supplemental notice of proposed rulemaking already received by Ballast Water Treatment Technology include:
“This rule has been decades in the making, and I’m disappointed the EPA isn’t proposing something better than these weak standards,” said Center for Biological Diversity oceans program director Miyoko Sakashita. “While the EPA has been stalling, ships have continued to discharge invasive species and pathogens into our waterways, harming people and ecosystems.”
“EPA was given an exceedingly generous timeline to comply with the law and issue meaningful regulations on vessel discharge,” said Friends of the Earth oceans and vessels program director Marcie Keever. “Sadly, today’s proposal makes no progress toward protecting ecosystems and nearby communities from these dangerous discharges.”
Here is the link to EPA 40 CFR Part 139.
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