New Ballast Technology Regulations
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The speakers on the panel will provide different perspectives on how ballast water regulation and technology has created the current state of invasive species in the Great Lakes. This workshop will also enable participants to understand the regulatory challenges facing ballast water today while fully appreciating the current state of technology that is rising to the challenge of invaders. This presentation was given by Craig Middlebrook, Deputy Administrator, U.S. Saint Lawrence Seaway Development Corporation.
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New Ballast Technology Regulations
- 1. New Ballast Technology Regula3ons – The U.S. Seaway’s Perspec3ve September 11, 2013 Craig H. Middlebrook, Deputy Administrator Saint Lawrence Seaway Development Corporation 1
- 2. Na$onwide/Interna$onal Regulatory Regime • EPA 2013 Vessel General Permit – U.S. Lakers and some Canadian Lakers excluded – Addi$onal rules for Great Lakes entry (BWE/Saltwater Flushing + Treatment) – Phased implementa9on (2013 – 2016+) • USCG Final Rule – U.S. and Canadian lakers exempt – Phases out BWE en9rely – Phased implementa9on (2013 – 2016+) Both EPA and USCG adopt the IMO D-2 technology-based numeric standard for discharges. 2
- 3. How we arrived at this Regulatory Regime • An unusual situa9on to have shared regulatory authority over such an important ac9vity (ballast water discharge). • EPA Permit and USCG Final Rule were years in the making and incorporated the latest scien9fic informa9on and public input. • Significantly, both are based on enforceable standards that can be measured and verified. • Extensive tes9ng protocols were collabora9vely developed to ensure technology used is safe, effec9ve and measurable. 3
- 4. The importance of measurable and enforceable standards • Dr. Henry Lee, et al. 2009 (Density MaWers) paraphrase: Strong enforcement with a less stringent standard is more effec9ve than a stringent standard that cannot be enforced. • Said another way: “A good plan violently executed now is beCer than a perfect plan executed next week.” 4
- 5. The States came to this understanding as well: 2009 State Regula$on Exis$ng Oceangoing New Oceangoing Exis$ng Laker New Laker IL 401 Cer9fica9on IMO by 2016 IMO 2012 & a]er IMO by 2016 IMO a]er 2012 IN 401 Cer9fica9on IMO by 2016 IMO 2012 & a]er None None OH 401 Cer9fica9on IMO by 2016 IMO 2012 & a]er None IMO 2016 & a]er MN State Permit 401 Cer9fica9on IMO by 2016 IMO 2012 & a]er IMO by 2016 IMO 2012 & a]er MI State Permit 401 Cer9fica9on MI-‐approved treatment MI-‐approved treatment None PA 401 Cer9fica9on IMO by 2016 1000 x IMO in 2012 & a]er IMO by 2016 1000 x IMO in 2012 & a]er NY 401 Cer9fica9on 100 x IMO by 2012 1000 x IMO in 2013 & a]er 100 x IMO by 2012 WI State Permit 100x IMO by 2014 100x IMO 2012 & BMP plan a]er None 1000 x IMO in 2013 & a]er BMP plan
- 6. The States came to this understanding as well: 2013 State Regula$on Exis$ng Oceangoing New Oceangoing Exis$ng Laker New Laker IL 401 Cer9fica9on VGP Requirement VGP Requirement VGP VGP Requirement Requirement IN 401 Cer9fica9on VGP Requirement VGP Requirement VGP VGP Requirement Requirement OH 401 Cer9fica9on VGP Requirement VGP Requirement VGP VGP Requirement Requirement MN State Permit 401 Cer9fica9on IMO by 1/1/2016 IMO IMO by 2016 IMO 2012 & & BMP BMP MI State Permit 401 Cer9fica9on MI-‐approved treatment MI-‐approved treatment VGP VGP Requirement Requirement PA 401 Cer9fica9on VGP Requirement VGP Requirement VGP VGP Requirement Requirement NY 401 Cer9fica9on VGP Requirement VGP Requirement BMP BMP WI State Permit 401 Cer9fica9on VGP Requirement VGP Requirement BMP BMP
- 7. Current Great Lakes St. Lawrence Seaway Regulatory Regime • is unique: The Seaway Inspec$on Program – Vessels entering the lakes are coming from a saltwater environment and entering extremely fresh waters. – 100% of ballast tanks are targeted for inspec9on • Effec$veness of program confirmed by scien$fic analysis. – Gray et al. 2007: Efficacy of open-‐ocean ballast water exchange as a means of preven>ng invertebrate invasions between freshwater ports. – Bailey et al. 2011: Evalua>ng Efficacy of an Environmental Policy to Prevent Biological Invasions. 7
- 8. The Seaway is the Luxembourg of Ballast Water Regula$on USCG EPA SEAWAY 8
- 9. Seaway = Gatekeeper to the Great Lakes 9
- 10. . • Great Lakes Aqua$c Nonindigenous Species Informa$on System – Database of species introduced by a number of pathways including shipping. • There have been no detec9ons of new invaders introduced via shipping since 2006. • This is a tenta9ve indica9on that the current regulatory regime is working to protect the Great Lakes from new aqua9c invaders via the shipping vector. 10
- 11. Availability of Technology • The USCG Type Approval process is proceeding ahead, albeit slowly. • The importance of establishing (finally) scien9fically sound tes9ng protocols and Independent Laboratories. • Number of systems in the Alternate Management System program: 15 • Number of USCG Type Approved Systems: 0 • The availability of USCG Type Approved systems will drive the ul9mate adop9on of BWTS (this is due to liability issues). 11
- 12. Availability of Technology for the Great Lakes • Not surprisingly, the Great lakes Seaway System presents special challenges to the adop9on of BWTS. • Given the ecosystem of the Great Lakes (very cold and very fresh), and the limited size of the Great Lakes fleets, there are simply no treatment systems currently designed or available to operate in the Great Lakes Seaway System. • “Hybrid” systems are being researched and tested. • Research con9nues to assess the risk of spread by vessels confined to the Great Lakes. 12
- 13. When will BWTS arrive on vessels opera$ng in the Great Lakes? • is unclear at this point if the newly Progress is being made, but it established deadlines can be met. • In the mean9me, a scien9fically based regulatory and inspec9on regime is in place to ensure that best prac9ces con9nue to be implemented. Take-Home Message Effective, well-functioning BWTS are still years away for the Great Lakes, yet current regulations are being rigorously enforced and providing effective protection against the introduction of additional aquatic invasive species via shipping. 13
- 14. Thank You ! Many of the reports and other data sources men$oned in this presenta$on can be found on the Seaway’s website or via Facebook: www.greatlakes-‐seaway.com www.facebook.com/usdotslsdc Craig Middlebrook Saint Lawrence Seaway Development Corpora$on U.S. Department of Transporta$on 14