US Coast Guard Tightens Ballast Water Compliance

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The US Coast Guard had tightened its rule for vessels to comply with its Ballast Water Management (BWM).

The USCG has stated that compliance is possible and expected to be in place at all ships. The USCG focuses extensively on compliance and enforcement of the US ballast water regulations.

Five part blog series:

  • Part 1 of the blog provides the Coast Guard’s overall perspective on ballast water management.
  • Part 2 discusses the Coast Guard’s shift in focus from regulatory implementation to regulatory compliance.
  • Part 3 provides an update on the US type approval program.
  • Part 4 provides insight on a recommended approach to selecting a ballast water management system (BWMS).
  • Part 5 discusses contingency planning for inoperable equipment or unavailable management methods.

A total of six ballast water management systems have been approved in the United States and several additional systems are currently under review or undergoing testing at one of the Coast Guard-accepted laboratories.

Guiding principles of USCG:

The USCG’s following guiding principles should be noted:

  • The US enforces BWM compliance as a normal part of a domestic vessel inspection or Port State Control examination. Between 2012 and 2017, the Coast Guard issued nearly 700 vessel deficiencies for ballast-related incidents of non-compliance.
  • Potential enforcement measures may include operational controls that restrict a vessel’s movement or cargo operations, monetary penalties, and a higher priority consideration for future examinations. There is also the potential for prosecution if there is evidence of criminal intent.
  • Vessels operating in US waters should follow a ballast water management plan (BWMP) that is specific to the vessel and that identifies how it will comply with US ballast water regulations.
  • Ballast water exchange and compliance date extensions are being phased out as temporary compliance options as shipowners and operators are now able to select and install a USCG type approved BWMS.
  • Fitting a BWMS to a specific vessel will require a thorough analysis of the vessel’s engineering systems, cargo operations, and trade routes. The complexity and extent of a BWMS’s impact on vessel operations means that a plug-and-play solution is not likely to succeed.
  • An inoperable BWMS will be treated like other pollution prevention equipment that fails or cannot perform its intended function. Inoperability is a compliance issue and is not a valid reason to discharge untreated ballast into US waters, nor is it grounds for granting an extension to a vessel’s compliance date.
  • Planning for compliance requires planning for contingencies. The BWMP should provide contingency measures that are specific to the vessel, its operational profile, and its intended ballast water management method. This includes a description of the alternative measures to be taken if a BWMS is inoperable or the vessel’s intended compliance method is unexpectedly unavailable.

Vessels that will be visiting the US ports are advised to install a USCG type approved BWMS eventually and Members and clients are advised to start the preparatory work as soon as possible.

The vessel owners and operators have also been advised to work closely with the BWMS manufacturers and proactively engage the vessel’s Flag State, Classification Society, as well as the USCG, when developing the compliance strategy for a vessel as this may prevent delays or lapse in eligibility to trade in US waters, see GARD alert of 15 March 2017.

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Source: GARD