At a time when estimates show invasive species may cost the Great Lakes region as much as $200 million a year in damages, Federal legislation to regulate ballast water discharges appears dead. No action is expected before the close of this year's legislative session.
When ocean going ships—called “salties”—flush their ballast water tanks, they can deposit exotic stowaways directly into the Great Lakes. Some of these hitchhikers—zebra mussels, sea lampreys, viral hemorrhagic septicemia, and the New Zealand mud snail—have thrived in their new habitats, becoming invasive species that are causing big ecological and economic damage. Most recent invasive species have entered the Great Lakes via saltie ballast water. The Great Lakes are currently home to 185 invasive species, with a new invasive being discovered every six months.
The U.S. House and Senate both considered the subject, but they differed on approach and which agency would enforce compliance—the Coast Guard or the Environmental Protection Agency through its Clean Water Act.
The House bill—which passed 395-7—would have created a national standard for ballast water discharges and a permitting system for ships, enforced by the U.S. Coast Guard. Critics of the bill worried that the bill prevented individual states from having a role in ballast water regulation, and gave too much power to the Coast Guard.
The Senate favored putting the permitting and enforcement responsibility with the federal Environmental Protection Agency (EPA), under the authority of the Clean Water Act. Senators argued this approach would enable states to add tougher standards than the baseline requirements the EPA would create, if they so chose, and the court system could be used to compel the federal government to meet its responsibilities and ensure shipping companies complied with the law.
In 2006, a federal district judge ruled that the EPA’s failure to regulate “biological pollution”—invasive species of bugs, critters, pathogens, fish, etc.—is "plainly contrary to the congressional intent" of the Clean Water Act, and ordered the EPA to begin regulating ballast water discharges by September 30, 2008.
Individual states have grown weary of waiting for the federal government to begin using its existing authority and/or pass new legislation. Michigan enacted its own restrictions on ballast, which went into effect in 2007. In September 2008, Minnesota’s Pollution Control Agency approved discharge standards for ballast water and will begin a permitting system. Wisconsin DNR—in response to a petition submitted by 13 conservation groups including the Wisconsin Association of Lakes—determined it has legal authority to regulate ballast water discharges under the existing permitting system that implements the federal Clean Water Act. However, Wisconsin has not yet moved forward to develop ballast discharge standards.
Source: Wisconsin Association of Lakes
1 comment:
Until the public becomes aware of the enormous threat, that ballast systems provide for terrorist,or foreign sea captains, who do not like our country, to use ships flying under foreign flags with foreign crewmen, to contaminate and pollute our waters the federal government will not act on this problem. Unfortunately until we demand protection by exposing this threat, lobbyist will push the senate to continue to consider it a states rights issue, which, for industry will create a myriad of conflicting regulation that are impossible to enforce. This approach has served industry well for decades. Unfortunately virus and invasive s in water do not recognize the lines man has drawn on maps. Anyone who has worked in industry knows that log books and record keeping, are mere paper work that dose not prove procedures are followed. Without the Coast Guard willing to take this on as a national security issue, with monitoring and, one national policy, the lobbyist for industry know the cost to follow procedures correctly will in reality, never have to be incurred. The mentality that international sea captains can be trusted is reflective of the 1800’s not of the reality of 2001. In the airline industry terrorist are called hijackers. We need to realize in the shipping industry they can be pirates. It is time for those who care, to tell our law makers to do the right thing for the national security of our country as a whole. Sincerely
Don Mitchel
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