Page 10: of Maritime Reporter Magazine (January 2018)

Questions Raised Regarding

About the Author

Dennis L. Bryant is with Bryant’s Mari-

GOVERNMENT UPDATE

BWMS Testing time Consulting, and a regular contribu- tor to Maritime Reporter & Engineering

News as well as online at MaritimePro- fessional.com. t: 1 352 692 5493 e: [email protected]

Serious questions have been raised phone calls, emails, and written letters, (2) whether the regulatory require- (5) whether shipboard testing can regarding the testing of ballast water resulting in dramatically inconsistent ap- ment for an average of ‘less than 10’ live or should be performed on non-cargo- management systems (BWMSs). In or- proaches at the various laboratories. Be- organisms per volume means 9.99 or carrying vessels that merely mimic bal- der for a BWMS manufacturer to sell its cause this guidance has not been shared 9.00 or some other value as regards sta- lasting operations; equipment for use on commercial vessels with all of the approved ILs, the process tistical analyses and sample replication; operating in US waters, the equipment is no longer rigorous, consistent and (6) whether physical, chemical, must be tested in accordance with U.S. transparent. The Coast Guard has con- (3) whether a land-based commis- and biological challenge water condi-

Coast Guard and Environmental Protec- ceded that there are shortcomings in its sioning test can count as a biological ef- tions can be arti? cially manipulated tion Agency (EPA) requirements and the BWMS certi? cation testing and approv- ? cacy (BE) trial if it turns out to be suc- (e.g., adding brine to change salinities, equipment must then obtain a type ap- al process. Questions raised over time by cessful, but left as a commissioning test adding cultured non-native species, etc.) proval certi? cate from the Coast Guard. the various ILs and answered informally if the trial is not successful; to meet required test conditions;

To date, type approval certi? cates have by the Coast Guard include: been issued to six manufacturers and (4) whether land-based ballast wa- (7) whether methods that have not others are in the pipeline. (1) whether organisms connected ter hold times need to be a uniform ? xed been formally validated or approved can

In accordance with Coast Guard regu- in a colony or chain should be sized and time of greater than 24 hours in length be used and what is required for valida- lations, the testing must be performed at counted as several small individuals or for all trials to provide statistical replica- tion and Coast Guard approval; and independent laboratories (ILs) that meet as one large individual; tion or can hold time during land-

Coast Guard requirements. There were, based testing vary from (8) what steps should be taken to until 6 December 2017, ? ve ILs avail- trial to trial; ensure that unmoving but intact zoo- able for this evaluation, inspection, and plankton (such as eggs, molluscan lar- testing work. On that date, Dr. Mario vae, foraminifera, and large diatoms)

Tamburri and the University of Mary- found in discharged ballast water during land Center for Environmental Science a test are in fact dead.

(UMCES) withdrew the Maritime Envi- ronment Resource Center (MERC) from Some of these questions might seem the program, citing the need to maintain esoteric to the uninitiated, but different scienti? c integrity. answers to the same question can result

Dr. Tamburri is a respected biologist in a particular BWMS passing or failing and marine scientist and has been a its certi? cation test. It is important that, leader in ballast water management is- to the maximum extent practicable, the sues for many years. test results at one approved IL be con-

UMCES is concerned that the sistent with the test results at any other

BWMS certi? cation testing, as cur- approved IL. rently conducted, is not scienti? cally I do not personally know if the issues sound, predictive, consistent and trans- raised by Dr. Tamburri have substance. parent. While there are written regula- I can say, though, that an agency such tions and formal protocols that govern as the Coast Guard administering an the testing, questions have arisen regard- important program such as this should ing various speci? c testing procedures. not be having ex parte contact with indi-

According to Dr. Tamburri, the Coast vidual program participants on substan-

Guard personnel involved in the pro- tive issues at which the agency provides gram have formally and informally guidance to the participant. The proper provided different answers to different procedure is for the agency to listen to laboratories via ex parte meetings, tele- all concerns; formulate uniform direc- © Maksim Kabakou / Adobe Stock 10 Maritime Reporter & Engineering News • JANUARY 2018

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