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New York and Wisconsin have announced a decision to modify their stringent ballast water regulations. This will come as a temporary relief to many shipowners and operators in the region.

BY Samantha CaCnio

Uncertainty over patchwork ballast water rUles

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The new York State Government has finally agreed to give ship operators/owners more time to comply with its regulations.

Previously, vessels had until January 1, 2012 to meet new standards, but with the extension, vessels will have until august 1, 2013. members of the shipping industry however, are not exactly celebrating.

the extension still has many shipowners, operators, and even the Canadian government worried that their vessels will not be able to enter the Great Lakes and

St Lawrence region as they have to pass through new York waters to exit or enter the Seaway - an area that many vessels rely on heavily for the transportation of cargo goods.

it has also raised an issue that has become a major gripe with many shipowners over the years, namely introducing patchwork as opposed to global maritime regulations.

“this delay to the effective date of the regulations still does not address the fact that a lone US state is attempting to impede Canadian-international and interprovincial trade,” Ray Johnston, president of the Chamber of marine Commerce told Sustainable Shipping.

“it is increasingly clear to all stakeholders - industry, national and state government, scientists and academia - that new York’s ballast water standards are technologically unachievable.”

technologically unachievable, yes, new York state has admitted, but only for now. it insists that new technology will be available by 2013, which would allow vessels to meet its regulations.

“new York is telling the industry they have to play a very active role in solving this tremendous problem, not just creating it,” said Jennifer nalbone, director of navigation and invasive Species for the binational coalition Great Lakes United.

the State of Wisconsin on the other hand, has come to the realisation that its ballast water standards, similar to those of new York’s, will most likely have to be modified to mirror the standards set out by the international maritime organization (imo).

the international Convention for the Control and management of Ships Ballast Water & Sediments was adopted by consensus at a Diplomatic Conference at imo in London on February 13, 2004. the Convention will enter into force 12 months after ratification by 30 states, representing 35% of world merchant shipping tonnage. So far, 27 countries have secured ratification.

the Wisconsin rule requires a treatment standard 100 times more stringent than that required under the imo convention. By 2013, all newly constructed ships that dock at Wisconsin ports would need to cleanse their ballast water 1,000 times more stringently than the international standard.

“Given the considerable increasing numbers of ballast-water-management systems now available to the industry, we may conclude, not without justification, that a major barrier to the implementation process has now been removed,” imo secretary-general Efthimios mitropoulos said during the sub-committee meeting on Bulk Liquids and Gases (BLG).

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While Wisconsin has announced it is willing to change its standards, new York however, isn’t budging. the state’s Department of Environmental Conservation has made it clear that the extended deadline is “only temporary.”

in a letter sent to shipowners and operators in the region, the letter stated: “in granting this extension, the Department expects you to play an active role in ensuring the timely availability of the technology needed to comply” with new York’s standards by the time regulations begin.

Source: Globallast

With different US states and countries proposing their own ballast water regulations, it has been recommended that the Great Lakes St Lawrence Seaway is treated as one single system.

the Great Lakes Seaway Ballast Water Working Group (BWWG) has said a partnership between Canada and the US, specifically a joint partnership between transport Canada and the US Coast Guard, is essential to make ballast water management work.

“these partnerships will help minimise the creation of a patchwork of inconsistent regulations, which would have a negative impact on vessel compliance and operation,” said a report by the BWWG.

“Even worse, inconsistent regulations would effectively deter vessels from transiting or completing loading/unloading operations in some state waters. the current high effectiveness of ballast water exchange coupled with the BWWG’s aggressive enforcement of current regulations and the high industry compliance rate should be seen as minimising the urgency for state involvement in ballast water regulation.”

Let us not forget that the US Coast Guard, as required by the national invasive Species act of 1996, is also currently working on a two-phased national ballast water discharge standard rulemaking. the first phase is based on the imo’s standard which will eventually lead to the second phase, a standard that is more in line with regulations set by US states.

the US Coast Guard has admitted that if no systems can completely meet the entire phase-two standard, but a significant improvement over phase-one can be practicably achieved, then it will “propose intermediate standards and their associated timeline.” the Ballast Water Discharge Standard rulemaking is expected to be published in april, 2011.

For now, however, the future of ballast water management remains uncertain. Ballast water regulations are being pushed back and forth as states and countries decide whether to wait for the global imo regulation to be ratified, or to forge ahead and implement more stringent regulations like those set out by US states.

one thing is certain, and that is something that the states of new York and Wisconsin and the shipping industry agree upon, and that is that something must be done with regards to ballast-water-management, and something must be done fast.