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.
