Mar 8: Yesterday, WIMS reported that a number of environmental organizations and U.S. EPA had announced a settlement which will the groups said would "curtail invasive species that have been wreaking havoc on American waters for decades." [See WIMS 3/8/11]. The agreement requires EPA to issue a new permit regulating ballast water discharges from commercial vessels. As reported, the settlement also requires EPA to encourage states to develop regionally consistent approaches to setting ballast water standards.
Michigan officials also issued an announcement on signing a settlement agreement EPA to better regulate ballast water from commercial vessels. Michigan and a coalition of other Great Lakes states along with the leading environmental organizations ultimately prevailed in establishing baseline regulations after suing the EPA in Federal district court in California to force the Agency to use its authority under the Clean Water Act to regulate ballast water discharges. EPA's first "Vessel General Permit" (VGP) regulating invasive species transported in ballast water was issued in 2009.
According to a release from Michigan, instead of requiring modern ballast water treatment technologies, EPA simply required ships use the inadequate "swish and spit" saltwater flushing process developed over a decade ago. The new permit also failed to ensure all state water quality standards were met throughout the interstate waters of the Great Lakes. Under the Federal regulations, states with more protective standards still faced the risk of pollution from ballast water dumped under less stringent guidelines from neighboring states. An effective minimum "floor" standard to unify the various Great Lakes states' water quality standards was still required for the permit to fully protect the region's waterways.
Governor Snyder said, "The Great Lakes define the State of Michigan. But our waters are now home to more than 180 aquatic invaders, introduced and spread by unregulated ballast water. I urge the EPA to move swiftly on plans to offer a long-term protection strategy for the Great Lakes." Michigan officials said the settlement agreement outlines a process for the EPA to establish common protective standards for ballast water discharges to United States waters. They outlined key elements of the settlement agreement as: Arranging for scientific reports, speeding up the time line for issuance of the next Vessel General Permit; Facilitating regional communication for ballast water regulation; and, Providing information on the development of the next VGP requirements.
Also, EPA's Science Advisory Board will report on the performance and availability of ballast water treatment technology. Both reports are expected to be completed by May 31, 2011. EPA's current VGP expires December 19, 2013, but through the settlement agreement, EPA committed to drafting the next VGP by November 30, 2011, and a new final VGP by November 30, 2012.
Michigan officials also issued an announcement on signing a settlement agreement EPA to better regulate ballast water from commercial vessels. Michigan and a coalition of other Great Lakes states along with the leading environmental organizations ultimately prevailed in establishing baseline regulations after suing the EPA in Federal district court in California to force the Agency to use its authority under the Clean Water Act to regulate ballast water discharges. EPA's first "Vessel General Permit" (VGP) regulating invasive species transported in ballast water was issued in 2009.
According to a release from Michigan, instead of requiring modern ballast water treatment technologies, EPA simply required ships use the inadequate "swish and spit" saltwater flushing process developed over a decade ago. The new permit also failed to ensure all state water quality standards were met throughout the interstate waters of the Great Lakes. Under the Federal regulations, states with more protective standards still faced the risk of pollution from ballast water dumped under less stringent guidelines from neighboring states. An effective minimum "floor" standard to unify the various Great Lakes states' water quality standards was still required for the permit to fully protect the region's waterways.
Governor Snyder said, "The Great Lakes define the State of Michigan. But our waters are now home to more than 180 aquatic invaders, introduced and spread by unregulated ballast water. I urge the EPA to move swiftly on plans to offer a long-term protection strategy for the Great Lakes." Michigan officials said the settlement agreement outlines a process for the EPA to establish common protective standards for ballast water discharges to United States waters. They outlined key elements of the settlement agreement as: Arranging for scientific reports, speeding up the time line for issuance of the next Vessel General Permit; Facilitating regional communication for ballast water regulation; and, Providing information on the development of the next VGP requirements.
Michigan Attorney General Bill Schuette said the State will continue to pressure Federal regulators for basin-wide, common standards. Schuette said, "It's time to bring the fight against invasive species into the 21st century. This agreement moves the EPA forward to more effective methods that will protect our Great Lakes and the jobs that depend upon them." EPA has enlisted experts from the National Academy of Sciences to help develop its next VGP. The experts will craft a risk analysis on release of organisms from ballast water.
Also, EPA's Science Advisory Board will report on the performance and availability of ballast water treatment technology. Both reports are expected to be completed by May 31, 2011. EPA's current VGP expires December 19, 2013, but through the settlement agreement, EPA committed to drafting the next VGP by November 30, 2011, and a new final VGP by November 30, 2012.
The agreement also requires EPA to provide information and facilitate communication with Michigan and the other Great Lakes states after the issuance of the next draft VGP. Patricia Birkholz, Director of Michigan's Office of the Great Lakes, said she looks forward to working with other Great Lakes states and Federal partners to craft strong and effective common standards. She said, "This issue impacts everyone who has a stake in the health of our waters. The list of new invasive species grows yearly, and we need to halt the introduction and spread of these foreign invaders. At the end of the day, we want strong ballast water standards and consistent protection for all the Great Lakes."
Access a release from the Michigan Attorney General (click here). Access the settlement agreement (click here). Access a blog posting from the Lewis and Clark law school (click here).
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