USCG final policy letter released

The opening statements of the final policy letter make it clear the USCG has not changed its position.

First, the letter states that although the USCG under VIDA was asked to describe type-approval testing methods for BWMS that render organisms non-viable in ballast water, it is not going to do so in the policy letter.

Instead, “…this policy letter establishes the categories of information the coast guard deems necessary for the evaluation of viability testing methods on the basis of best available science and describes implementation of any accepted methods.”

The final policy letter establishes that the USCG is not going to entertain staining as a method, “The coast guard will not take into consideration any method that relies on a staining method to measure the concentration of organisms greater than or equal to 10 micrometers and organisms less than or equal to 50 micrometers.”

The reason given is “…the term ’stain’ is undefined in VIDA and is not consistently used in science to describe a specific scientific procedure.”

Another controversial aspect of the draft policy letter is the statement, “[a]t the time of [publication of the draft policy letter], the coast guard does not know of any type-approval testing protocols for BWMS that render organisms non-viable in ballast water that are based on best-available science.”

This drew many comments regarding the available literature on scientific procedures.

In the final policy letter, the USCG seeks to clarify its position, “…it is not that we are unaware of viability testing methods; rather we are unaware of viability testing methods that are based on best available science.” (USCG italics).

Other areas of confusion from the policy letter are also addressed: the USCG now makes it clear it will accept most probable number (MPN)-based methods.

The preamble for the final policy letter can be found here. The final policy letter in full can be found here.

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