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the IHS Ballast Water Guide - RWO Marine Water Technology

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<strong>IHS</strong> Fairplay Solutions <strong>Guide</strong> to <strong>Ballast</strong> <strong>Water</strong> Treatment Systems Sponsored by<br />

Stricter rules in <strong>the</strong> USA<br />

The IMO’s <strong>Ballast</strong> <strong>Water</strong> Convention will<br />

eventually apply to most of <strong>the</strong> world, but<br />

some countries have indicated that <strong>the</strong>y may<br />

set <strong>the</strong>ir own rules and a few have already<br />

done so in advance of <strong>the</strong> ratifi cation of <strong>the</strong><br />

IMO convention. The convention is intended<br />

to apply globally, but separate though similar<br />

legislation is making its way through <strong>the</strong> US<br />

legal system.<br />

The USA adopted a unique set of rules<br />

governing both its own fl agged ships and<br />

foreign vessels in US ports and within <strong>the</strong><br />

country’s territorial waters. These contained<br />

diff erences from <strong>the</strong> discharge standards<br />

in <strong>the</strong> IMO regulations. Under United<br />

States federal rules a two-phase system was<br />

proposed. In <strong>the</strong> fi rst phase, <strong>the</strong> quality<br />

standards were to be much <strong>the</strong> same as <strong>the</strong><br />

IMO convention standards. The second phase,<br />

however, originally proposed for introduction<br />

in 2016, set far more stringent and highly<br />

controversial water standards.<br />

An example of <strong>the</strong> diff erence between<br />

<strong>the</strong> US Phase 2 and IMO convention rules<br />

was <strong>the</strong> standard for living organisms larger<br />

than 50μm. While <strong>the</strong> IMO (and US Phase 1)<br />

standards require fewer than 10 organisms<br />

per cubic metre of ballast, US Phase 2 rules<br />

set a maximum of one organism/100m 3 .<br />

In November 2011, after individual US<br />

states threatened to impose <strong>the</strong>ir own<br />

requirements, federal lawmakers approved<br />

a single nationwide ballast water discharge<br />

standard that conforms to performance<br />

standards set by <strong>the</strong> IMO. The Commercial<br />

Vessel Discharges Reform Act of 2011 was<br />

approved by <strong>the</strong> US House of Representatives<br />

on 13 October. It had to pass a vote in <strong>the</strong><br />

Senate before it could be signed into law.<br />

The legislation amends <strong>the</strong> federal Clean<br />

<strong>Water</strong> Act by prohibiting <strong>the</strong> Environmental<br />

Protection Agency (EPA) from permitting<br />

individual states to impose requirements on<br />

top of federal standards. The act also requires<br />

<strong>the</strong> US Coast Guard (USCG) to set a schedule<br />

for vessel owners to install ballast water<br />

treatment technology that has been certifi ed<br />

to <strong>the</strong> new standard.<br />

All ships entering US waters must comply<br />

with <strong>the</strong> vessel general permit (VGP),<br />

which sets out best practices, training and<br />

documentation rules for 26 incidental vessel<br />

discharges, including ballasting, deck runoff ,<br />

bilgewater and greywater. Its regulators<br />

include <strong>the</strong> US Coast Guard and <strong>the</strong> EPA.<br />

Alleging that <strong>the</strong> VGP violated <strong>the</strong> Clean<br />

<strong>Water</strong> Act by failing to regulate ballast<br />

Phase 1: Implementation schedule for Phase 1 ballast-water management programme<br />

<strong>Ballast</strong>-water capacity (m 3 ) Construction date Compliance date<br />

New vessels (all capacities) On or after 1 December 2013 On delivery<br />

Existing vessels < 1,500 Before 1 December 2013 First drydocking after 1 Jan 2016<br />

Existing vessels 1,500–5,000 Before 1 December 2013 First drydocking after 1 Jan 2014<br />

Existing vessels > 5,000 Before 1 December 2013 First drydocking after 1 Jan 2016<br />

8 © <strong>IHS</strong> Global Limited 2012<br />

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