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New York Amends Ballast Water Rules

February 22, 2012

Washington, D.C. - The New York State Department of Environmental Conservation (NYDEC) today modified its ballast water discharge permit and extended the deadline by which ship owners have to comply with state rules. Today's action effectively eliminates onerous ballast water treatment requirements through the end of 2013.  The agency’s ballast water regulations are the most stringent in North America and have been the topic of considerable controversy.

"New York's decision effectively eliminates the unworkable ballast water rules put in place during the Paterson Administration.  We applaud Governor Cuomo for protecting jobs and supporting the thousands of Americans who make their living in the maritime industry," said Steve Fisher, Executive Director of the American Great Lakes Ports Association.

In December 2008, the NYDEC issued state regulations governing the discharge of ballast water from commercial vessels operating in New York’s jurisdiction. The regulations sought to address the problem of aquatic nuisance species being introduced into New York waters via ships’ ballast water. The regulations were promulgated under authority granted to the state by the federal Clean Water Act.

Under those rules, by August 1, 2013, all vessels operating in New York waters will be required to install environmental technology that can clean or treat ballast water to meet a water quality standard 100 times stronger than standards established by the International Maritime Organization (IMO) in 2004. No technology exists to meet that requirement. By January 2013, any vessels constructed after that date must install environmental technology that can treat ballast water to a level 1000 times stronger than the IMO. No technology exists to meet that requirement.

The maritime industry has argued that the regulations are unworkable and, if left unchanged, will result in economic harm to New York ports and maritime commerce traveling through New York waters on the St. Lawrence River destined for ports in Pennsylvania, Ohio, Indiana, Michigan, Illinois, Wisconsin, Minnesota, Ontario and Quebec.

A recent economic impact analysis (www.marinedelivers.com) estimated that implementation of New York’s ballast discharge regulations would negatively affect over 72,000 jobs, more than $10 billion in business revenue and over $1.4 billion in federal, state/local and provincial taxes in the bi-national Great Lakes-St. Lawrence region.

Because of these impacts, the U.S. and Canadian federal governments – as well as the governments of several neighboring states and provinces – have encouraged the State of New York to moderate its position and harmonize its ballast water discharge rules with federal and international standards.

The shipping industry is committed to taking steps to minimize and eventually eliminate the movement of organisms via ballast water.

Today, vessels entering the Great Lakes region undergo the most stringent ballast management and inspection regulations in the world. All vessels entering the Great Lakes from abroad are required to exchange (pump out) their ballast water while still at sea and flush any empty tanks with ocean water. This two-pronged procedure helps to physically remove organisms from ballast tanks.

To ensure compliance, the U.S. and Canadian governments stop, board, inspect, and test every foreign ship entering the Great Lakes in Montreal – the gateway to the St. Lawrence Seaway. Since these protections were put in place in 2006, there have been no new discoveries of aquatic nuisance species in the Great Lakes.

The extended deadline announced today will allow time for NYDEC to work with affected stakeholders and craft permit requirements that are feasible, practicable and harmonized with federal law. Both the U.S. EPA and the U.S. Coast Guard are currently promulgating federal ballast water discharge regulations.

“The Great Lakes maritime industry looks forward to working with the NYDEC over the next year in crafting feasible ballast water regulations that continue to protect the Great Lakes environment,” said Steve Fisher.

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The Great Lakes-St. Lawrence Seaway maritime industry supports 227,000 jobs in the U.S. and Canada, and annually generates $14.1 billion in salary and wages, $33.5 billion in business revenue, and $4.6 billion in federal, state/provincial and local taxes. North American farmers, steel producers, construction firms, food manufacturers, and power generators depend on the 164 million metric tons of essential raw materials and finished products that are moved annually on the system. This vital trade corridor saves companies $3.6 billion per year in transportation costs compared to the next least-costly land-based alternative.

Follow Great Lakes-St. Lawrence Seaway shipping news on www.marinedelivers.com

For interviews, please contact Steven A. Fisher, Executive Director, American Great Lakes Ports Association at 202-625-2102.

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Marine Delivers is a bi-national, industry collaboration that aims to demonstrate the positive economic and environmental benefits, safety, energy efficiency, and sustainability of the shipping industry throughout the Great Lakes-Seaway System. The Marine Delivers initiative is administered by the American Great Lakes Ports Association in the United States, and the Chamber of Marine Commerce in Canada.