Ballast water discharged from ships is one significant pathway for the introduction of ANS. Today, multiple entities—including the Coast Guard, U.S. Environmental Protection Agency (EPA), and some states—regulate discharges incidental to the normal operation of vessels, including ballast water. Coast Guard Regulations

The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA, P.L. 110-299 , provided a two-year moratorium on CWA permitting for certain incidental discharges (excluding ballast water) from commercial fishi ng vessels of all sizes and non recreational vessels less than 79 feet in length . State Regulations

In addition to federal requirements, vessel discharges are also subject to regulation by approximately half of the states. Overlapping Federal Requirements

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 and Coast Guard requirements overlap, making implementation needlessly costly and complex. Many in these groups have called for centralizing responsibilities with the Coast Guard, which has long had administrative and regulatory authority over the industry. State Role and Federal Preemption

Shipping and other industry groups have also objected to the conditions that states attach to EPA's permit. They argue these conditions create a patchwork of inconsistent requirements that are economically inefficient and cumbersome to implement. Approval of Ballast Water Management Systems

Under NANPCA (as amended by NISA) and the Coast Guard's implementing regulations, as previously discussed, vessels equipped with ballast tanks and operating in waters of the United States, unless specifically exempt, must comply with the numeric ballast water discharge standards through one of the following options: eliminating ballast water discharge, discharging to an onshore facility or to another vessel for the purpose of treatment, using ballast water that is only drawn from a U.S. public water system, or by installing a BWMS that has been approved (i.e., "type approved") by the Coast Guard . Availability of Type Approved BWMS

Although all new and existing vessels subject to the 2012 Coast Guard Rule and the 2013 VGP were to be in compliance with the numeric ballast water discharge standards by January 2016, the Coast Guard did not type-approve any BWMS until December 2016. Testing Standard for BWMS

Some—particularly BWMS manufacturers—have argued that the testing protocol the Coast Guard uses in determining whether a particular BWMS is effective in meeting the ballast water discharge standards (and should therefore be type approved) is too restrictive. Some in the shipping industry argue that such vessels, which are confined to a geographically limited area, do not introduce ANS and should not need to treat their ballast water. Others—including the National Park Service and environmental groups—argue that Lakers spread ANS from one area in the Great Lakes to other areas more widely and quickly than would occur through normal migration. Others assert that potential environmental impacts can result from such incidental discharges and believe it is important to regulate them as well. Vessel Incidental Discharge Legislation in the 115th Congress

In the 115 th Congress, some Members have introduced bills intended to address issues with the existing regulatory system for ballast water and other discharges incidental to the normal operation of vessels. H.R. 1154 and S. 168 , both titled the "Vessel Incidental Discharge Act," are the same with one potentially significant exception discussed below. The companion bill in the Senate, S. 168 , was reported out of the Committee on Commerce, Science, and Transportation in March. In addition, in June 2017, the committee reported S. 1129 , the Coast Guard Authorization Act of 2017. As reported, S. 1129 includes the text of S. 168 as Title VIII. Several bills address only the moratorium on CWA permitting for certain incidental discharges (excluding ballast water) from commercial fishing vessels of all sizes and nonrecreational vessels less than 79 feet in length. S. 2273 ( P.L. 115-100 ), signed by President Trump on January 3, 2018, extended the moratorium that expired on December 18, 2017, through January 19, 2018. S. 2194 and H.R. 4656 would extend the moratorium through December 18, 2020. S. 2331 , introduced on January 23, 2018, would extend the moratorium through March 23, 2018.
Stakeholders broadly agree on the need to control vessel discharges—particularly ballast water discharges, which can introduce numerous contaminants into U.S. and international waters. Ballast water discharge from ships is one significant pathway for introduction of aquatic nuisance species (ANS)—that is, invasive species—that can harm aquatic ecosystems. Federal requirements for ballast water and other incidental discharges from vessels in the United States flow from two laws—the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended by the National Invasive Species Act of 1996, and the Clean Water Act (CWA)—and related Coast Guard and U.S. Environmental Protection Agency (EPA) regulations. Further, individual state requirements apply in approximately half of the states. Vessels are also subject to a number of international agreements, treaties, and conventions.
The current regulatory scheme presents several complex policy issues.
Overlapping Federal Requirements. The maritime industry has argued for harmonization of what it views as duplicative rules for vessel discharges, especially ballast water discharges, through a single set of requirements. Shipping and other industry groups have raised concerns that EPA and Coast Guard requirements overlap, needlessly increasing cost and complexity. Some have called for centralizing responsibilities with the Coast Guard; others assert that EPA should be responsible if regulation is centralized. State Role and Federal Preemption. Shipping and other industry groups have objected to conditions that states attach to EPA's permit for vessels. They argue this creates a patchwork of inconsistent requirements that are hard to implement. However, many states oppose federal preemption of state action in this area. Ballast Water Discharge Standards. Current Coast Guard and EPA requirements for ballast water contain identical discharge standards. Some states, environmental groups, and others favor more stringent standards to eliminate ANS invasions. EPA and the Coast Guard believe that technology to meet more stringent standards is not currently technically or economically achievable. Approval of Ballast Water Management Systems. Some groups have expressed frustration over the Coast Guard's approval process for systems that can achieve ballast water discharge standards. Although vessels were to comply with the standards by January 2016, the Coast Guard did not approve any systems until December 2016. The testing protocol the Coast Guard uses in approving systems differs from the International Maritime Organization's protocol. Some have argued the Coast Guard's protocol is too restrictive; others argue it is more reliable for ensuring ANS prevention. "Lakers." "Lakers" are vessels that operate exclusively in the Laurentian Great Lakes. Some argue that such vessels do not introduce ANS and should not need to treat their ballast water. Others argue that Lakers spread ANS in the Great Lakes more quickly and widely than would otherwise occur and should be subject to the same regulations as other vessels. Extending the Moratorium for Small Vessels. The moratorium on CWA permitting for certain incidental discharges (not including ballast water) from commercial fishing vessels of all sizes and nonrecreational vessels less than 79 feet in length expired January 19, 2018. Many believe these vessels should be permanently excluded from CWA permitting while others believe it is important to regulate them.
In the 115th Congress, several bills have been introduced to address issues with the regulatory system for ballast water and other discharges incidental to normal vessel operations. Except for one potentially significant exception, H.R. 1154 and S. 168, both titled the "Vessel Incidental Discharge Act," are the same. In March 2017, the Senate Committee on Commerce, Science, and Transportation reported S. 168. In June 2017, the committee reported S. 1129, the Coast Guard Authorization Act of 2017. As reported, S. 1129 includes the text of S. 168. On January 3, 2018, President Trump signed S. 2273 (P.L. 115-100), extending through January 19, 2018, the moratorium on CWA permitting for certain incidental discharges (excluding ballast water) from commercial fishing vessels and nonrecreational vessels less than 79 feet in length. S. 2194 and H.R. 4656 would extend the moratorium through December 18, 2020. S. 2331 would extend it through March 23, 2018.