| Docket Management Facility (M-30)
U.S. Department of Transportation
West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE.,
Washington, DC 20590-0001 Re: Docket # USCG-2001-10486: Standards for Living Organisms in Ships’ Ballast Water
discharged in U.S. Waters To Whom It May Concern: The undersigned members of the Waterkeeper Alliance appreciate the opportunity to review and
provide comments on the U.S. Coast Guard’s proposed rulemaking “Standards for Living Organisms
in Ships’ Ballast Water Discharged into U.S. Waters” (Docket #: USCG-2001-10486). Our
organizations represent thousands of citizens throughout the world who are deeply concerned about
the impact aquatic invasive species are having on our planet’s water resources. Aquatic invasive species are one of the most significant threats to our water resources today. These
invaders are more than just pests. They are threatening our local and regional economies and way of
life. The cost to the United States’ economy alone is estimated to be more than $100 billion per year.
The costs to our nation’s ecosystems, fisheries, and native habitats are immeasurable. Impacts from aquatic invasive species introductions are being felt on ecosystems large and small.
For example, the health of the San Francisco Bay ecosystem is highly compromised due to human
activities, which makes it especially vulnerable to invasion. Successful invaders can thrive in
degraded ecosystems, pushing out struggling native species. Consequently, the San Francisco Bay is
one of the most invaded estuaries in the world. The established non-indigenous species populations
have effectively altered the ecological fabric of the Bay to the detriment of important native species
and commercial fisheries that rely on the Bay for different stages of their life cycle. And, in many areas the rate of aquatic invasive species introductions can be directly linked with
shipping traffic. For example, since 1959, when the St. Lawrence Seaway opened the St. Lawrence
River and Great Lakes to direct ocean-going shipping, 65% of the more than 180 non-native species
discovered have been attributed to ballast water release. Scientists have shown that the rate of
discovery of invaders is directly correlated with shipping activity. While the U.S. Coast Guard’s process to develop national ballast standards has taken longer than
anticipated, we are pleased that a proposed standard has finally been published and we respectfully
submit our comments and recommendations below. Ballast Discharge Standards
We are pleased that the U.S. Coast Guard has proposed a final standard that is 1000 times stronger
than the International Maritime Organization (IMO) standard and matches the strongest standards in
the United States set by California and New York. However, we are disappointed that the proposed Phase One standard is only equivalent to the
International Maritime Organization’s standard. The National Invasive Species Act (NISA), which is
the statute that led to the proposed rule, requires the standard to be the “maximum extent
practicable”. Various reports have stated that technologies and methods to meet a higher standard are
available. For example, a method already exists to improve performance of IMO approved
treatments by 10 to 100 times by applying ballast water exchange before the use of IMO approved
technology. And the California State Lands Commission determined that treatments are likely
available that will meet a standard three orders of magnitude stricter than the IMO standards. The
rule must be revised so that any interim standards are more stringent than standards set by the IMO
and, as required by NISA, any interim standards must be at the “maximum extent practicable”. Additionally, the rule should be revised to remove ‘grandfather’ clauses, which creates the risk that
phase one performance standards will be in place on many vessels for the long term, essentially
becoming the defacto final standard for a subset of vessels. Timeline
While overall we are pleased with the strong, final standard proposed in this rulemaking, we are
disappointed with the timelines put forth. As currently written, the rule would not require the
implementation of even Phase One technology until 2014 or 2016 at the earliest. Our waterways
need protection much sooner. Technology is currently available to meet a standard of 10 times IMO
and possibly even 100 times IMO. We urge the U.S. Coast Guard to require implementation of more
stringent Phase One discharge standards no later than January 1, 2012. Additionally, we urge the
U.S. Coast Guard to require implementation of Phase Two discharge standards no later than January
1, 2016. We recognize the technological challenges currently present in meeting the Phase Two
deadline; however, we feel that this should not provide an excuse for inaction. As we have seen time
and again, strong deadlines have the ability to spur technological advances. We are deeply concerned about the proposed ‘practicability review’, which without a fixed deadline
could allow indefinite delays in implementation of a Phase Two standard. We urge the USCG to set
a firm final compliance date of no later than January 1, 2016. Coordination with the Environmental Protection Agency
We are pleased with the recognition that vessels subject to this rulemaking are also subject to the
Environmental Protection Agency’s Vessel General Permit. We stress the need for active
coordination with the EPA as it fulfills its responsibilities under the Clean Water Act (CWA) to
regulate ballast water discharges to protect water quality. The Coast Guard and EPA need to work
together closely to create a coherent federal program for regulating ballast water that utilizes both
the Coast Guard’s expertise in vessels and EPA’s expertise in protecting water quality, particularly
in the development of control technology. All federal programs regulating ballast water discharges
must engage both agencies and fully comply with both NISA and the CWA. Thank you for the opportunity to submit comments. If you should have questions or need additional
information, please do not hesitate to contact, Jennifer Caddick, Upper St. Lawrence Riverkeeper. Sincerely, Alamosa Riverkeeper, Cindy Medina
P.O. Box 223, Capulin, CO 81124, (719) 274-4298 Altamaha Coastkeeper, Deborah Sheppard
P.O. Box 2642, Darien, GA31305, (912) 437-8164 Altamaha Riverkeeper, James Holland
P.O. Box 2642, Darien, GA31305, (912) 437-8164 Assateague Coastkeeper, Kathy Phillips
P.O. Box 731 Berlin, MD 21811, (443) 235-2014 Baltimore Harbor Waterkeeper, Eliza Smith Steinmeier
4901 Springarden Drive, Suite 3A, Baltimore, MD 21209, (410) 366-3038 Black Warrior Riverkeeper, Charles Scribner
712 37th Street South, Birmingham, AL 35222, (205)458-0095 Bogota Riverkeeper, German Garcia
Cr. 15 N° 95-35 Of. 202, Bogotá, D.C., Colombia (57)1481-8725 Buffalo Niagara Riverkeeper, Julie Barrett O’Neill
1250 Niagara Street, Buffalo, NY 14213, (716) 852-7483 Cahaba Riverkeeper, Myra Crawford
4650 Old Looney Mill Road, Birmingham AL 35243, (205) 967-2600 Cape Fear Coastkeeper, Mike Giles
131 Racine Drive Suite 101, Wilmington, NC 28403, (910) 790-3275 Cartagena Baykeeper, Elizabeth Ramirez
Urbanizacion Buenavista Mza. A Lote 5, Avenida Crisanto Luque, Cartagena de Indias, Bolivar,
Colombia, (57) 31 5708 6022 Casco Baykeeper, Joe Payne
43 Slocum Drive, South Portland, ME 04106, (207) 799-8574 Catawba Riverkeeper, David Merryman
421 Minuet Ln. Ste. 205, Charlotte, NC 28217, (704) 679-9494 Chester Riverkeeper, Tom Leigh
100 N. Cross Street, Chestertown, MD 21620, (410) 810-7665 x303 Choptank Riverkeeper, Drew Koslow
P.O. Box 1276, St. Michaels, MD 21663, (410) 745-8341 Choctawhatchee Riverkeeper, Mike Mullen
207 Gail Street, Troy, AL 36079-2962, (334) 807-1365 Congaree Riverkeeper, Alan Mehrzad
P.O. Box 1534, Cayce, SC 29033, (803) 664-1651 Cook Inletkeeper, Bob Shavelson
P.O. Box 3269, 3734 Ben Walters Lane, Homer, AK 99603, (907) 235-4068 ext 22 Detroit Riverkeeper, Robert Burns
3020 Oakwood St., Melvindale, MI 48122, (734) 676-4626 Emerald Coastkeeper, Carol Moore
P.O. Box 13283, Pensacola, FL 32591, (850) 429-8422 Fraser Riverkeeper, Lauren Hornor
#303-207 W. Hastings St., Vancouver, BC V6B 1H8, Canada, (778) 737-4422 French Broad Riverkeeper, Hartwell Carson
P.O. Box 15488, Asheville, NC 28813-0488, (828) 252-8474 Galveston Baykeeper, Charlotte Wells
P.O. Box 71, Seabrook, TX 77586, (281) 455-9595 Georgian Baykeeper, Mary Muter
291 Glengrove Avenue West, Toronto M5N 1W3, Canada, (416) 489 8101 Grand Riverkeeper, Oklahoma, Earl L. Hatley,
19257 S. 4403 Vinita, OK 74301, (918) 256-5269 Grand Riverkeeper, Labrador, Roberta Frampton Benefiel
Box 569, Station B, Happy Valley-Goose Bay, Labrador, NL, Canada A0P1E0, (709) 896-4164 Grand Traverse Baykeeper, John Nelson
13272 S W Bay Shore Drive, Traverse City, MI 49684, (231) 935-1514 Guanabara Baykeeper, Sérgio Mattos-Fonseca
825 Macario Picanço St Maravista, Amoli, Itaipu, Niterói, RJ, Brazil 24.342-330 (55) 21 2609 8573 Hackensack Riverkeeper, Bill Sheehan
231 Main St. Hackensack, NJ 07601, (210) 968-0808 x10 Hudson Riverkeeper, Alex Matthiessen
828 South Broadway, Tarrytown, NY 10591, (914)478-4501 Housatonic Riverkeeper, Tim Gray
PO Box 321, Lenoxdale, MA 01242, (413) 243-3353 Huallaga Central Waterkeeper, Gloria Cruzado-Labonte
Jr. Chiclayo 317, Tarapoto- San Martin, Peru, (51) 4278-0780 Hurricane Creekkeeper, John L. Wathen
P.O. Box 40836, Tuscaloosa, AL 35404, (205) 507-0867 Lake George Waterkeeper, Chris Navitsky
P.O. Box 591, Lake George, NY 12845, (518) 668-5913 Lake Ontario Waterkeeper, Mark Mattson
410- 600 Bay Street, Toronto, ON M5G 1M6 Canada, (416) 861-1237 Lake Pend Oreille Waterkeeper, Jennifer Ekstrom
P.O. Box 732, Sandpoint, ID 83864, (208) 597-7188
Long Island Soundkeeper, Terry Backer
P.O. Box 4058, East Norwalk, CT 06855, (203) 854-5330 Louisiana Bayoukeeper, Tracy Kuhns
P.O. Box 207, Barataria, LA 70036, (504) 689-8849 Lower Mississippi Riverkeeper, Paul Orr
P.O. Box 66323, Baton Rouge, LA 70896, (225) 928-1315 Lower Neuse Riverkeeper, Larry Baldwin
1307 Country Club Road, New Bern, NC 28562, (252) 637-7972 Lower Susquehanna Riverkeeper, Michael R. Helfrich
324 W Market St, York, PA 17401, (717) 779-7915 Maule Itata Coastkeeper, Rodrigo de la O Guerrero
Manuel Montt 349, Curanipe, Pelluhue – Maule – Chile, (56) 9935-6318 Milwaukee Riverkeeper, Cheryl Nenn
1845 N. Farwell Avenue, Suite 100, Milwaukee, WI 53202, (414) 287-0207 x229 Mobile Baykeeper, Casi Callaway
300 Dauphin Street, Suite 200, Mobile, AL 36602, (251) 433-4229 Monterey Coastkeeper, Steve Shimek
475 Washington Street, Suite A, Monterey, CA 93940, (831) 646-8837 x114 Narragansett Baykeeper, John Torgan
100 Save The Bay Drive, Providence RI 02905, (401) 272-3540 x 116 North Sound Baykeeper, Wendy Steffensen
2309 Meridian Street, Bellingham, WA 98225, (360) 733-8307 NY/NJ Baykeeper, Deborah A. Mans
52 West Front Street, Keyport, NJ 07735, (732) 888-9870 Ottawa Riverkeeper, Meredith Brown
2-379 Danforth Ave., Ottawa, ON Canada, (613) 321-1120 Pamlico-Tar Riverkeeper, Heather Jacobs Deck
P.O. Box 1854, Washington, NC 27889, (252) 946-7211 Patuxent Riverkeeper, Fred Tutman
18600 Queen Anne Rd., Rear Barn, Upper Marlboro, MD 20774, (301) 249-8200 Peconic Baykeeper, Kevin McAllister
10 Old Country Rd., P.O. Box 893, Quogue, NY 11959, (631) 653-4804 Petitcodiac Riverkeeper, Tim Van Hinte
P.O. Box 300, Moncton E1C 8K9, Canada, (506) 388-5337
Potomac Riverkeeper, Ed Merrifield
1717 Mass. Ave. NW #600, Washington, DC 20036, (202) 222-0707
Puget Soundkeeper, Bob Beckman
5309 Shilshole Ave. NW, Suite 215, Seattle, WA 98107, (206) 297-7002
Raritan Riverkeeper, Bill Schultz
P.O. Box 244, Keasbey, NJ 08832, (723) 442-6313
Russian Riverkeeper, Don McEnhill Jr.
P.O. Box 1335, Healdsburg, CA 95448, (707) 433-1958 San Luis Obispo Coastkeeper, Gordon R. Hensley
EPI-Center, 1013 Monterey St., Suite 202, San Luis Obispo, CA 93401, (805) 781-9932 San Francisco Baykeeper, Sejal Choksi
785 Market St. Suite 850, San Francisco, CA 94103, (415) 856-0444 Santee Riverkeeper, Mark Bruce
3524 Princess Pond Road, Summerton, SC 29148, (803) 445-7701 Satilla Riverkeeper, John Carswell
P.O. Box 159, Waynesville, GA 31566, (912) 258-3678
Shenandoah Riverkeeper, Jeff Kelble
P.O. Box 405, Boyce, VA 22620, (540) 837-1479
Silver Valley Waterkeeper, Barbara Miller
120 W. Cameron, Ste. #7, Kellogg, ID 83837, (208) 784-8891 South County Coastkeeper, David Prescott
12 Broad St., Suite #6, Westerly, RI 02891, (401) 315-2709 South Riverkeeper, Diana Muller
2830 Solomons Island Rd., Ste. B Edgewater, MD 21037, (410) 224-3802 Spokane Riverkeeper, Rick Eichstaedt
35 West Main, Suite 330, Spokane, WA 99201, (509) 835-5211 St. Clair Channelkeeper, Doug Martz
38217 Cherry Lane, Harrison TWP, MI 48045, (586) 764-2443 St. Johns Riverkeeper, Neil Armingeon
2800 University Blvd. N, Jacksonville, FL 32211, (904) 256-7591
Tualatin Riverkeeper, Brian Wegener
12360 SW Main St. – Suite 100, Tigard, OR 97223, (503) 620-7507
Upper Neuse Riverkeeper, Alissa Bierma
112 South Blount Street, Suite 103, Raleigh, NC 27601, (919) 856-1180 Upper Rio Guayllabamba Waterkeeper, Rafael Chambers
Av. Gonzalez Suarez 894 – Oficina 10 PB, Quito-Pichincha, Ecuador (593) 9620-7490 Upper St. Lawrence Riverkeeper, Jennifer J. Caddick
409 Riverside Drive, Clayton, NY 13624, (315) 686-2010 Virginia Eastern Shorekeeper, Dave Burden
P.O. Box 961, Eastville, VA 23347, (757) 678-6182 Waccamaw Riverkeeper, Christine Ellis
1270 Atlantic Avenue, Conway, SC 29526, (843) 349-4007 Western Lake Erie Waterkeeper, Sandy Bihn
6565 Bayshore Rd., Oregon, OH 43618, (419) 691-3788 West/Rhode Riverkeeper, Chris Trumbauer
4800 Atwell Rd, #6, Shady Side, MD 20764, (410) 867-7171 White Oak-New Riverkeeper, Tess Sanders
P.O. Box 358, Jacksonville, NC 28540-0358, (910) 382-1370 Yadkin Riverkeeper, Dean Naujoks
2435 Westfield Ave., Winston-Salem, NC 27103, (336) 293-9078 |
December 8th, 2009 at 8:18 am
With ballast water, how serious is the president, when as commander and chief he appears willing to let the coast guard purpose a two decade plan, with proposals that mirror the IMO for ten years. Even if he wins re election we would have no change from the IMO policy during his administration. What if the next commander and chief wish to direct the coast guard, to again delay? We still do not have assured protection anytime in the future with the time line from this new interest by the coast guard.
JOB CREATION?
A strong national goal and policy to quickly fix the ballast water problem from the obvious carbon foot prints and polluted water trail left by old ships as they deliver fossil fuels and foreign consumer goods would be slowed dramatically and create jobs for the long term future of our country. New green technology geared toward energy independence should become more cost effective to develop. The political will may not be in Congress to protect America because this is not a republican, democrat issue. This is oil and consumer goods being internationally and domestically transported by ships and an American issue of security and freedom, unfortunately the money lobby can remain silent as they are on the same side. Maybe if we were not dependent on China to buy our treasury notes, or Saudi Arabia really wanted their waters kept clean we could afford the strong protections the Coast Guards needs for the ability to complete this mission. The impact that implementation of a strong policy, with a fast time line for cleaned water disposal only, will have on shipping, will change the economic dynamics of world trade and also protect our countries environment and health for future generations.
New technologies required for environmental shipping should cost those wishing to bring goods into our country more money (making American manufacturing cost effective), not those who wish to protect our country from ecological destruction and disease resulting from economic globalization to help foreign economies. Unfortunately legislation crafted in 2008 by the House of Representatives was not considered by the Senate because of worries that it would over ride the stricter time line of the state of California’s regulations, so now better than a year later we have nothing. Now the military, (Coast Guard) who is directed by the President (commander and chief) are purposing a couple decades plus plan. It will take a President who cares more about the world’s long term health, environment, American freedom, independence and quality of life, more than the economic globalization of our country with foreign economies.