DEC Commissioner Applauds Appeals Court Victory on Ballast Water

• by New York State Department of Environmental Conservation

ALBANY, NY (07/23/2008)(readMedia)-- A federal appeals court today upheld New York's challenge to the United States Environmental Protection Agency's failure to set stringent standards for the discharge of ballast water by ocean-going ships, New York State Department of Environmental Conservation (DEC) Commissioner Pete Grannis announced today.

"This is a critical victory that will help protect our waters from invasive species and their damaging impacts to our environment and economy," Commissioner Grannis said. "Today we renew our call for EPA to uphold its responsibility under the law and implement effective controls to address these present and growing threats to our native ecosystems."

The court decision strikes down an exemption to the federal Clean Water Act that allowed ocean-going ships to dump ballast water in America's inland waters. The ballast water can contain aquatic invaders that have included zebra mussels, lampreys, ruffe, and round goby. Ballast water from ocean-going ships has rapidly harmed the ecology of U.S. waters, especially the Great Lakes, as more than 180 invasive species have caused an array of detrimental effects to the environment, public health and economy.

New York was joined by Illinois, Michigan, Minnesota, Pennsylvania, and Wisconsin, as well as three environmental groups in the lawsuit. In 2006, a federal court ruled in favor of New York and other states in seeking to end the EPA exemption for ships. In its decision, the U.S. District Court for Northern California said "there is no dispute" that invasive species have entered the U.S. marine ecosystem through ballast discharges. The appeals court has upheld that decision and a court-ordered end to the Clean Water Act exemption is due Sept. 30, 2008.

While EPA appealed the 2006 decision, the agency began the process of promulgating regulations for ballast water. Last year, DEC provided input to assist in the development of the regulations that would significantly and effectively help prevent ballast water from introducing invasive species to New York's -- and the nation's -- environment. Among the recommendations, Grannis said the EPA should require mandatory flushing of ballast water prior to entering inland waters. More information about DEC's comments can be found at http://www.dec.ny.gov/press/36857.html .

EPA announced draft regulations, "General Permits for Discharges Incidental to the Normal Operation of a Vessel," in June 2008. DEC will be submitting extensive comments on the draft by August 1 because they do not go far enough in addressing DEC's recommendations and close the existing ballast water loophole in the Clean Water Act.

More information about invasive species in New York State can be found at http://www.dec.ny.gov/animals/265.html on the DEC website.

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