INTERTANKO LATIN AMERICAN PANEL BALLAST WATER MANAGEMENT NOVEMBER 16, 2005 MIAMI BEACH, FLORIDA
• INTERNATIONAL • DEVELOPMENTS IN BRAZIL • DEVELOPMENTS IN THE US • PENDING US LAWSUIT
INTERNATIONAL • BALLAST WATER MANAGEMENT CONVENTION ADOPTED BY IMO – 2004 • WILL ENTER INTO FORCE 12 MONTHS AFTER RATIFIED BY 30 COUNTRIES AND 35% OF WORLD’S GROSS TONNAGE • TO DATE – 5 RATIFICATIONS • IMO DEVELOPING 13 GUIDELINES IN SUPPORT OF TREATY
INTERNATIONAL • TREATY REQUIRES - MANAGEMENT PLAN - RECORD BOOK - MANAGEMENT CERTIFICATE AND SURVEYS • MANDATES BW EXCHANGE • ALLOWS PROTOTYPE TECHNOLOGIES • ALLOWS FOR ADDITIONAL MEASURES
INTERNATIONAL • BALLAST WATER STANDARD - 10 VIABLE ORGANISMS/CUBIC METER - APPLICABLE TO NEW SHIPS BUILT AFTER 2009 - PHASED IN UNTIL 2016 FOR ALL SHIPS • CURRENTLY NOT ACHIEVABLE • IMO CONDUCTING STANDARD REVIEW
DEVELOPMENTS IN BRAZIL • NATIONAL LEGISLATION ENTERED INTO FORCE ON 15 OCTOBER 2005 • APPLICABLE TO ALL SHIPS THAT CARRY OUT BALLAST WATER DISCHARGE IN BRAZILIAN WATERS • BASED UPON IMO BALLAST WATER MANAGEMENT TREATY
DEVELOPMENTS IN BRAZIL • MANDATORY BWM EXCHANGE 200 MILES FROM COAST IN AT LEAST 200 METERS IN DEPTH (WITH EXCEPTIONS) • SHIP MUST SUBMIT BALLAST WATER REPORTING FORM 24 HOURS PRIOR TO ESTIMATED TIME OF ARRIVAL • MONITORING MAY INCLUDE COLLECTION AND ANALYSIS OF BALLAST WATER
DEVELOPMENTS IN THE US • CG REGS REQUIRE MANDATORY BALLAST WATER EXCHANGE • CG REGS REQUIRE REPORTING OF BALLAST WATER MANAGEMENT • CG DEVELOPING NATIONAL BALLAST WATER STANDARD (MOST LIKELY WILL EXCEED IMO STANDARD)
DEVELOPMENTS IN THE US • US SENATE COMMERCE COMMITTEE PASSES BWM BILL - EMBODIES MANY OF THE IMO TREATY PROVISIONS - CONTAINS BW STANDARD 100 TIMES MORE RESTRICTIVE THAN IMO • OTHER BILLS UNDER CONSIDERATION BY SENATE AND HOUSE
US LAWSUIT • MARCH 2005 - FEDERAL JUDGE RULES THAT EPA ACTING OUTSIDE ITS AUTHORITY TO EXCLUDE BALLAS WATER FROM NPDES PERMIT SYSTEM • RULING COULD REQUIRE EACH SHIP TO OBTAIN PERMIT FROM EPA BEFORE DISCHARGING BALLAST WATER • EPA DISSATISFIED WITH RULING
LAWSUIT • INDUSTRY COALITION (INTERTANKO, AWO, CSA, WSC, ICCL AND LCA) FILES MOTION TO INTERVENE IN DECISION • WRITTEN BRIEF SUBMITTED ON OCTOBER 21 - SEEKING REMEDY AND REQUEST FOR STAY OF ANY DECISION • HEARING SCHEUDLED NOVEMBER 30
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