Coast Guard And Maritime Transportation Act Of 2011
I rise today in opposition to the amendment of the gentleman of New York (Mr. Bishop) and, subsequently, to that of the gentleman from Michigan (Mr. Dingell), which also affects the uniform national standard of ballast water discharge.…
I rise today in opposition to the amendment of the gentleman of New York (Mr. Bishop) and, subsequently, to that of the gentleman from Michigan (Mr. Dingell), which also affects the uniform national standard of ballast water discharge.
This legislation creates a national standard that we desperately need. Currently, each State is able to create its own rules and regulations for ballast water discharge. The State of New York recently enacted extreme new ballast water requirements that are 100 times more stringent than international standards. After an extensive study, the Wisconsin Department of Natural Resources determined that the technology does not exist to meet this standard. If allowed to go into effect, these regulations would cost Indiana approximately 8,800 jobs while doing little to protect the Great Lakes from invasive species.
On September 7, Governor Daniels of Indiana joined Wisconsin Governor
Walker and Ohio Governor Kasich in submitting a letter to New York Governor Cuomo opposing New York's extreme new ballast requirements.
I urge all my colleagues to save maritime jobs not only in Indiana but across the Great Lakes and vote against these two amendments.
September 7, 2011.
Hon. Andrew Cuomo,
Governor of New York State, NYS State Office Building,
Albany, NY.
Dear Governor Cuomo: We are writing to share our concerns
regarding regulations adopted by the New York Department of
Environmental Conservation (NYDEC) that could seriously
impede maritime commerce in the Great Lakes States to the
west of New York.
In late 2008, NYDEC issued rules intended to prevent the
introduction of aquatic nuisance species into New York waters
via the ballast water of commercial vessels. While we share
NYDEC's concern regarding the impact of invasive species on
the ecology of the Great Lakes, we note that the
International Maritime Organization (IMO) has coordinated a
global treaty to require all ships to install environmental
technology by 2016 to clean ballast water to a specific water
quality standard. The IMO is the maritime arm of the United
Nations and it coordinates international shipping policy.
Many Great Lakes states have incorporated the IMO ballast
water treatment standard into their own rules. Likewise, the
U.S. Coast Guard (USCG) has embraced these same requirements
for new federal regulations to be issued later this year.
Under New York's regulations, shipowners must install
technology on existing vessels by August 1, 2013, to treat
ballast water to a level 100 times more stringent than the
IMO standard. Any vessels built after January 1, 2013, must
include technology to treat ballast water to a level 1,000
times more stringent than the IMO standard. These rules not
only apply to ships visiting New York ports, but also extend
to ships in passage through New York waters destined for the
ports of neighboring states and provinces. The rules apply to
ships whether or not they discharge ballast water.
Today, there is no technology approved by the USCG to meet
New York's regulatory requirements. In fact, the USCG has yet
to establish a ballast water treatment technology approval
process. Shipowners will not install ballast water treatment
systems unless USCG approved, because they are unable to
obtain insurance otherwise.
We also note that in February 2010, the Wisconsin
Department of Natural Resources (WDNR) established ballast
water treatment regulations similar to the NYDEC; i.e., 100
times the IMO standard. Wisconsin's ballast water discharge
general permit required the WDNR to conduct a feasibility
determination of this standard, which it completed in
December 2010. After considerable analysis, and in
consultation with the Ballast Water Collaborative, a group of
leading environmental scientists, vendors, naval architects
and other experts in the U.S. and Canada, including New York
DEC staff, the WDNR concluded that treatment technologies do
not exist today to meet the 100 times IMO standard. The WDNR
ballast water general permit was subsequently modified to
require the IMO standards.
Ohio and Indiana employ the Vessel General Permit (VGP)
under the National Pollutant Discharge Elimination System
(NPDES)--which has gone through each state's 401 review
process and includes conditions that do not exceed IMO
standards to regulate ballast waters. Further, USEPA has a
Memorandum of Understanding with the US Coast Guard to, when
inspecting vessels, ensure they are complying with the VGP.
We know the U.S. Environmental Protection Agency tasked its
Science Advisory Board (SAB) to address the question of
whether ballast water treatment technology exists now, or in
the foreseeable future, to meet a standard greater than IMO.
In the SAB's recently issued final report, it emphatically
stated that no such technology exists.
The State of New York is now the only jurisdiction in the
Great Lakes that still regulates ballast water treatment
technology more stringently than the IMO standard, and New
York's standards are technologically impossible to meet.
Unless the NYDEC regulations are amended, they will possibly
force the closure of the St. Lawrence Seaway, and imperil
thousands of maritime-related jobs in the Great Lakes States
and Canada. Fortunately, the final USCG ballast water
regulations will be published in the next few months. We have
always supported a strong, consistent--standard that covers
all U.S. waters.
NYDEC regulations are already having an effect on maritime
commerce in the Great Lakes as shippers, ports, industry and
labor unions look to establish long-term business agreements
and plan future investments. Preventing the spread of
invasive species continues to be a top priority for all of
us, but waterborne shipping is critical to our economies, and
we must work together toward controlling invasive species
while also protecting the commerce of our nation's waterways.
We urge New York to take prompt action and amend its ballast
water regulations to align with the IMO and USCG standards.
Sincerely,
Gov. Scott Walker,
Wisconsin.
Gov. Mitch Daniels,
Indiana.
Gov. John Kasich,
Ohio.