The Vessel Incidental Discharge Act: Background and Issues

Summary

Today stakeholders broadly agree on the need for strong measures to control vessel discharges, especially ballast water discharges, that can introduce a wide range of contaminants into U.S. and international waters. Ballast water has been identified as a major pathway for introduction of aquatic nuisance, or invasive, species that can harm aquatic ecosystems. Vessel discharge requirements in the United States are a result of U.S. Coast Guard regulations; a U.S. Environmental Protection Agency (EPA) permit; and individual state requirements that apply in nearly one-half of the states. Vessels also are subject to a number of international agreements, treaties, and Conventions. This report discusses the combination of regulations and standards, which is at issue today and is addressed in legislation in the 114th Congress, the Vessel Incidental Discharge Act (S. 373, Title VIII of S. 1611 as ordered reported, and H.R. 980).

The existing regulatory system presents several issues. First, for some time, the maritime industry has argued for harmonization of what it views as duplicative federal rules for vessel discharges, especially for ballast water discharges, through a single set of requirements. Shipping and other industry groups have raised concerns that EPA’s permit overlaps with mandates in Coast Guard rules, making implementation costly and confusing for vessel owners. Others, especially some environmental groups, favor centralizing regulation with the EPA. Second, shipping and other industry groups also have objected to conditions that states attach to EPA’s permit, which they argue create a patchwork of inconsistent requirements that are hard to implement. However, most states oppose proposals to preempt state action in this area. Third, although the current Coast Guard and EPA requirements for ballast water call for identical treatment standards, some states and environmental groups favor more stringent standards in order to eliminate invasions of aquatic invasive species. EPA and the Coast Guard believe that technology to meet more stringent standards is not technically or economically achievable at this time.

Legislation intended to strengthen regulation and management of vessel discharges, especially discharges that can be a source of non-native aquatic nuisance species in U.S. waters, has been introduced in Congress for more than a decade. The legislation in the 114th Congress addresses many of the concerns with the current regulatory system, especially issues of concern to the maritime and shipping industry.

The Vessel Incidental Discharge Act would establish a single federal ballast water management standard, specifying standards issued by the Coast Guard in 2012 as the baseline. Under the legislation, these standards would supersede existing state standards or permits and also would supersede EPA’s ballast water management requirements under the Clean Water Act. Upon enactment, the legislation would be the exclusive statutory authority for federal regulation of vessel discharges. The Coast Guard would be directed to adopt more stringent ballast water standards within eight years, unless a feasibility review determines that the specified more stringent standards are not attainable. The Coast Guard could establish lower or higher revised performance standards with respect to classes of vessels, if appropriate. Following enactment of the bill, manufacturers of ballast water treatment technology could only sell, deliver, or import technology that has been certified by the Coast Guard as meeting criteria in the legislation. Finally, a state could adopt or enforce a more stringent ballast water performance standard if the Coast Guard determines that compliance with the state standard is achievable and is consistent with obligations under relevant international treaties or agreements.