ALLIANCE FOR THE GREAT LAKES * GREAT LAKES UNITED * NATIONAL WILDLIFE
FEDERATION * NATURAL RESOURCES DEFENSE COUNCIL
For Immediate Release December 1, 2011
EPA Releases Vessel General Permit to Improve Regulations on Ballast
Discharges
Conservation groups call for stronger federal regulations to protect the
Great Lakes from aquatic invasive species
Late yesterday, the federal government took another tentative step
toward protecting the Great Lakes and vulnerable coastal waters from the
scourge of invasive species with proposed limitations on their chief
delivery vehicle: ballast water dumping by commercial vessels. The
Environmental Protection Agency proposed a new national permit to deal
with discharges of ballast water that are a normal part of operating
freighters and other large commercial vessels. As a result of a legal
settlement, that permit will limit the number of invasive species that
vessels can dump in the Great Lakes and other water bodies.
Unfortunately, EPA's new limits are pegged to standards established by
the International Maritime Organization, which while supported by the
shipping industry, are not strict enough to prevent the introduction and
spread of invasive organisms which currently cost the eight Great Lakes
states over $1 billion every five years.
"It is hard to see the movement of invasive species until it is too
late," said Thom Cmar, attorney for the Natural Resources Defense
Council. "Unfortunately, out of sight, out of mind has meant that we
have not dealt with the problem of 'living pollution' as aggressively as
other environmental threats like oil spills or toxic releases. The new
proposed ballast water permit is par for that course---it is a start,
but nowhere near what is needed to stop these uninvited critters from
sapping our most valuable water resources."
The permit update comes on the heels of a long legal battle to force EPA
to regulate ballast water under the Clean Water Act. Protective limits
on invasive species in vessels' ballast discharges are necessary to
prevent the introduction and spread of aquatic invasive species carried
in the ballast tanks from overseas ports. Species like the zebra and
quagga mussels, spiny water fleas, and round gobies have all arrived to
the Great Lakes via the unregulated discharge of contaminated ballast
water.
"Since the opening of the St. Lawrence Seaway, the Great Lakes has been
ground zero for freshwater invasions from overseas vessels," said
Jennifer Nalbone, Director of Navigation and Invasive Species for Great
Lakes United. "The EPA's VGP is a real opportunity to advance protection
for the Great Lakes and the nation. After decades of painfully slow
progress, our waters deserve a leap forward in protection, not a baby
step."
While the new permit represents an improvement over previous versions,
conservation groups and scientists are concerned that the weak
international standards are not strict enough to prevent the next major
invasive species threat. International Maritime Organization ballast
water standards are not scientifically based and offer only a marginal
improvement over the current practice of flushing ballast tanks with
saltwater.
The federal Clean Water Act requires EPA to give states an opportunity
to add requirements to the proposed permit if the states find that more
stringent provisions are necessary to protect against vessels'
pollution. The states of New York and California have already adopted
far more stringent standards, based on their own scientific
determinations that anything less protective would leave their waters
vulnerable to new species invasions. As part of EPA's permit update,
all of the states will have the opportunity to decide whether they will
adopt their own more stringent ballast water standards. In addition,
the Coast Guard has finally sent its final rulemaking to set standards
for living organisms in Ships' ballast water to the Office of Budget and
Management. By contrast, recent legislation passed by the U.S. House of
Representatives would also adopt the weak International Maritime
Organization ballast water standards, but it would do so while also
eliminating EPA's authority to require more protections under the Clean
Water Act, as well as states' authority to create more stringent
requirements under tougher state laws.
"The proposed EPA permit is a step in the right direction, but it still
doesn't shut the door on invasive species," said Andy Buchsbaum,
Director of the National Wildlife Federation-Great Lakes Program Office.
"On the positive side, it sets numerical limits for ballast water
discharges and maintains the rights of states to add additional
protections. But EPA's proposed standard still allows the discharge of
invasive organisms into the Great Lakes and the nation's waters at
significant levels. That's simply not acceptable."
EPA will entertain public comments on the draft permit for 75 days,
before finalizing the permit in late 2012. Conservation groups will
submit written comments to EPA urging the permit be strengthened.
Great Lakes groups also express concern over the exemption of "Lakers,"
ships operating only in the Great Lakes. While these boats may not be
responsible for the introduction of new invasive species from overseas,
they have been shown to facilitate the movement of foreign organisms
between the Lakes. Additionally, the permit allows for a lengthy delay
before vessels will be required to install new ballast technology,
allowing some vessels to operate for more than a decade before meeting
the new standards.
"The Great Lakes are more than ready for a strong national standard
that can help win the war against invasive species," said Joel
Brammeier, President and CEO of the Alliance for the Great Lakes. "While
EPA's first draft does not go far enough to protect our waters, there is
still time to craft a permit that truly puts us on track to eliminate
devastating invasions of the largest freshwater resource on the
continent."
"Stopping the influx of invasive species is essential to restore and
protect the Great Lakes," said Jeff Skelding, campaign director for the
Healing Our Waters-Great Lakes Coalition. "The people, communities and
businesses that have paid billions of dollars over the years to deal
with the vast economic and environmental damage caused by invasive
species deserve the strongest possible water quality protections."
For more information contact:
Andy Buchsbaum, National Wildlife Federation, phone: 734-717-3665,
buchsbaum at nwf.org
<https://mail.greatlakes.org/OWA/redir.aspx?C=a669eb463c624ef1a54c7f5a34
775785&URL=mailto%3abuchsbaum%40nwf.org>
Josh Mogerman, Natural Resources Defense Council: phone:
312-651-7909,jmogerman at NRDC.org
Jennifer Nalbone, Great Lakes United: phone: 716-213-0408, jen at glu.org
<https://mail.greatlakes.org/OWA/redir.aspx?C=a669eb463c624ef1a54c7f5a34
775785&URL=mailto%3ajen%40glu.org>
Joel Brammeier, Alliance for the Great Lakes: phone: 773-590-6494,
jbrammeier at greatlakes.org
<https://mail.greatlakes.org/OWA/redir.aspx?C=a669eb463c624ef1a54c7f5a34
775785&URL=mailto%3ajbrammeier%40greatlakes.org>
Jordan Lubetkin, Healing Our Waters Coalition, phone: 734-904-1589,
lubetkin at nwf.org
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