Page 24: of Marine News Magazine (April 2016)

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COLUMN VIDA UPDATE “The purpose of VIDA is to enact a single, national standard for the regulation of ballast water and other vessel discharges.

That’s important because it provides a regulatory certainty, number one, for our members who build new vessels. And right now, the uncertainty that comes with the building or even the re? tting processes, if I install a ballast water treatment system, will that system be acceptable wherever this vessel calls?”

Craig Montesano,

AWO’s Vice President for Legislative Af airs on to tout the value of including EPA expertise on the bal- He continues, “It is also worth mentioning that the second last water and vessel discharge regulations. “You don’t want circuit remanded VGP back to EPA, and so that certainly to lose that expertise, but at the same time, dual federal raises the potential of EPA redeveloping its VGP in such regulation is not a construct that works. So the lion’s share a way to exacerbate the problem of two federal agencies of the implementation would be on Coast Guard – as well regulating the same thing.” as enforcement – and we think that since they are the mari-

TATE S IGHTS IN THE IX time agency, that they are best-equipped to handle that.” S ’ R : M

Ending the federal question, however, doesn’t necessarily prevent states from pushing back. We asked Montesano what would happen in the case of legal action on the part of an individual state, post-enactment of VIDA. “My ‘crys- tal ball’ is no more clear than anybody else’s, so I wouldn’t want to get into the business of predicting what might happen after the bill is signed into law, but to go back to your original premise, for us, this is de? nitely an interstate commerce issue. The patchwork of regulations potentially impairs the ability of our members to deliver goods from point to point in a low-cost manner.”

Addressing the issue of disagreements directly, he added, “The states still do have a role – ? rst of all, they can petition for a higher standard, and if the Coast Guard determines that that standard meets the necessary criteria, they could na- tionalize a state standard. So there’s that. Second of all, there’s a lot of latitude for states to work with the Coast Guard in developing vessels’ discharge regulations in ways that are tailored to the concerns that states have for their water. So whether it’s biofouling in Hawaii, other concerns in another state, there is that latitude ... it gives them an avenue to peti- tion for a higher standard and to work with the Coast Guard in developing sensible and state-oriented vessel discharge regulations.” Because of that, support for VIDA is building.

At AWO, they are con? dent that the end of the legislative process is near, and that means the beginning of the “prob- lem solving” can begin. And, that’s good news for everyone.

April 2016

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