The Coast Guard has
published a proposed rule on Ballast Water Discharge Standards in the Federal
Register.
You can find the
Notice of Proposed Rulemaking (Document# 2009-20312
Standards for Living Organisms in Ships' Ballast Water Discharged in U.S.
Waters ) here. The DEIS is available by clicking here.
Broadly, while the timelines for implementation are
protracted and we are carefully reviewing whether the practicability review could
create a loophole,
the rulemaking is excellent in regards to :
- The proposed national ballast water discharge standard is
as strong as the most stringent state
standard (California's and New York's for new
builds)
- The rule is being made under the National Invasive Species
Act, which protects the Clean Water Act and the ability of states
to protect their waters from biological pollution (read: No controversy
over preemption of EPA or state authorities).
Next up, the Coast Guard will conduct a 90-day public
comment period and hold public meetings across the US. Following the public comment
period, the Coast Guard will prepare responses to comments and prepare the
final rulemaking for publication.
Stay tuned for additional updates on this proposed rulemaking.