Page 22: of Maritime Reporter Magazine (November 2015)

GOVERNMENT UPDATE

The Latest on Ballast Water

Mismanagement

BY DENNIS BRYANT n October 5, 2015, the Unit- settled and deliberate process for en- lines of attack in their challenge. First, tively technology can reduce the pol- ed States Court of Appeals couraging ? nal adoption of the BWM they argued that the technical standards lutant being discharged. All parties to for the Second Circuit issued Convention has suddenly been derailed. (of? cially known as “technology-based the litigation agreed that untreated bal- a 65-page decision holding Nations and other stakeholders that had ef? uent limits” or TBELs) in the VGP last water is a pollutant as de? ned by

O that, for the most part, the 2013 Vessel calculated that the coming into force of were de? cient. Second, they argued that the Federal Water Pollution Control Act

General Permit (VGP) promulgated by the Convention would largely provide the quality standards (of? cially known (FWPCA). In enacting the FWPCA, the Environmental Protection Agency for a uniform international regime may as “Water Quality-Based Ef? uent Lim- and particularly that portion known as (EPA), was arbitrary, capricious and not now have to go back to the drawing its” or WQBELs) in the VGP were de? - the National Pollutant Discharge Elimi- in accordance with the law. The court boards. The major incentive for nations cient. Finally, they argued that the moni- nation System (NPDES), Congress de- declined, though, to vacate the VGP, but that have been planning to ratify the toring and reporting requirements in the signed the TBELs standard to be ‘tech- allowed it to remain in effect until the BWM Convention has been eliminated, VGP were contrary to the law. With one nology forcing’, meaning it should force

EPA issues a new VGP. as it is unlikely that the ultimate U.S. narrow exception, the court ruled in fa- agencies and permit applicants to adopt

The 2013 VGP had adopted, almost regime will be consistent with that Con- vor of petitioners. technologies that achieve the greatest completely, the standards established vention. reductions in pollution. For nonconven- in the International Convention for the The EPA was sued by various envi- TBELs tional pollutants, such as ballast water

Control and Management of Ships’ Bal- ronmental advocacy groups, led by the TBELs set ef? uent limitations on a potentially containing invasive species, last Water and Sediments, 2004 (BWM Natural Resources Defense Council point source (such as a vessel discharg- the EPA is required to set ef? uent limits

Convention). What had looked like a (NRDC). Petitioners used three basic ing ballast water) based on how effec- based on the best available technology 22 Maritime Reporter & Engineering News • NOVEMBER 2015

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