Page 22: of Marine News Magazine (April 2016)

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COLUMN VIDA UPDATE

Support for Uniform National

Discharge Legislation Builds

AWO Pushes VIDA as the solution to the confusing patchwork of federal and state regu- lations that makes compliance unnecessarily complicated and costly.

By Joseph Keefe

Even as the ballast water treatment ruling adds further uncertainty to an already untenable situ- issue becomes more and more confus- ation for vessel operators, and reinforces the need for Con- ing – both here and abroad – a united gressional action to ? x this broken regulatory regime. coalition of maritime stakeholders has expressed strong support for S.373, also SITREP: VIDA known as amendment number 3170 In March, MarineNews caught up with Craig Montesa- (for the current energy bill). The law, no, AWO’s Vice President for Legislative Affairs, who pro- known simply as the Vessel Incidental vided a close-up on the progress of VIDA inside the Belt-

Discharge Act (VIDA), would establish way. Montesano, in two decades of experience in ? eld of

Keefe a nationally uniform and environmen- government affairs, has served in positions in the legislative tally sound standard for ballast water and other vessel dis- and executive branches of government and in the energy in- charges, in lieu of the current overlapping patchwork of dustry, including the of? ce of Congressman Frank A. LoBi- federal and state regulations that makes compliance com- ondo and NOAA. Arguably, his work on the Hill on behalf plicated, confusing and costly. The ongoing effort is the of AWO stakeholders is his most important assignment ever.

product of seven years of work spearheaded by the Ameri- AWO had hoped to get the VIDA language placed into can Waterways Operators (AWO). the Coast Guard Authorization Act. But, that didn’t happen.

Today, regulations from the U.S. Coast Guard, the Envi- As MarineNews was going to press, AWO had set their hopes ronmental Protection Agency and as many as 25 individual on the Energy Bill. Montesano explains, “The problem there states have spawned more than 150 state-speci? c require- was simply time. And I think that there was a desire on a lot ments. Backing the uni? ed AWO approach include nearly of our supporters to bring the Coast Guard bill to the ? oor 60 organizations representing U.S. and international ves- and move it along that way.” Beyond that, he admits, “Since sel owners and operators; ? shing vessel, passenger vessel and VIDA is a somewhat controversial issue, it necessitated basi- charter boat operators; labor unions; industries that rely on cally pulling VIDA out of it and letting the Coast Guard bill marine vessels to transport essential cargoes in domestic and proceed without it. So, a tactical setback, but the plan mov- international commerce; marine terminals; and port authori- ing forward had always been let’s try to attach VIDA to any ties. Separately, (identical) companion legislation was also in- piece of viable legislation that is going to be moving from the troduced in the House of Representatives in August of 2015. Senate – that’s how the energy bill ? gures into this. We see a

AWO Vice Chairman James Farley, President of Kirby real opportunity to attach the VIDA amendment to that bill

Offshore Marine, explained at a Senate Commerce Com- and push it out of the Senate that way.” mittee hearing last February, “The problem is not that vessel discharges are regulated; it is how they are regulated. The D VIDA

EFINING current unclear and inconsistent regulatory system makes When it comes to de? ning what exactly VIDA will ac- compliance confusing and investment decisions uncertain.” complish, Montesano distills the entire process down into

In October, the U.S. Court of Appeals for the 2nd Cir- one neat package. “The purpose of VIDA is to enact a cuit ordered the Environmental Protection Agency to reas- single, national standard for the regulation of ballast wa- sess the standard to which it requires vessel operators to treat ter and other vessel discharges. That’s important because ballast water to prevent the spread of invasive species. EPA’s it provides a regulatory certainty, number one, for our current ballast water treatment standard, which is aligned members who build new vessels. And right now, the un- with the Coast Guard’s, is widely believed to be the most en- certainty that comes with the building or even the re? tting vironmentally protective standard that can be achieved with processes, if I install a ballast water treatment system, will existing commercially available technology. But, the recent that system be acceptable wherever this vessel calls?”

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