US Review of US Review of Ballast Water Management Ballast Water Management Systems that use BiocidesSystems that use Biocides

1616thth ICAISICAISMontreal, QCMontreal, QCApril 21, 2009April 21, 2009

Mr. John C. MorrisMr. John C. MorrisEnvironmental Standards DivisionEnvironmental Standards DivisionU.S. Coast Guard HeadquartersU.S. Coast Guard Headquarters

US Laws and RegulationsUS Laws and Regulations

US Coast GuardUS Coast Guard–– NonindigenousNonindigenous Aquatic Nuisance Prevention and Aquatic Nuisance Prevention and

Control Act / National Invasive Species ActControl Act / National Invasive Species Act–– Shipboard Technology Evaluation Program (STEP)Shipboard Technology Evaluation Program (STEP)

US EPAUS EPA–– Federal Insecticide, Fungicide, and Federal Insecticide, Fungicide, and RodenticideRodenticide Act Act

(FIFRA)(FIFRA)–– Clean Water Act & National Pollutant Discharge Clean Water Act & National Pollutant Discharge

Elimination System (NPDES)Elimination System (NPDES)

How are biocides How are biocides regulated in the US?regulated in the US?

What is (or is not) a biocide?What is (or is not) a biocide?

Federal Insecticide, Fungicide & Federal Insecticide, Fungicide & RodenticideRodenticide Act Act (FIFRA) authorizes EPA to regulate biocides (or (FIFRA) authorizes EPA to regulate biocides (or pesticides) in USpesticides) in USBiocides are defined as: Biocides are defined as: ““Any substance or mixture...intended for Any substance or mixture...intended for preventing, destroying, repelling or mitigating preventing, destroying, repelling or mitigating any pestany pest””

How are biocides How are biocides regulated in the US?regulated in the US?

(Cont(Cont’’d)d)

EPA determines that a biocide meets health and EPA determines that a biocide meets health and safety requirementssafety requirementsThen approves a product label for specific terms Then approves a product label for specific terms of safe useof safe use

EPA may determine that an onboard generator EPA may determine that an onboard generator of biocides is a of biocides is a ““devicedevice””–– Devices traditionally not subject to FIFRA (animal Devices traditionally not subject to FIFRA (animal

traps, etc.)traps, etc.)

Biocides vs.Biocides vs.Active SubstancesActive Substances

IMOIMO’’ss Ballast Water Management Convention Ballast Water Management Convention

Active Substance: Active Substance: ““a substance or organism, a substance or organism, including a virus or fungus that has a general or including a virus or fungus that has a general or specific action on or against Harmful Aquatic specific action on or against Harmful Aquatic Organisms and PathogensOrganisms and Pathogens””

Some Active Substances may fall outside of US Some Active Substances may fall outside of US FIFRA regulationsFIFRA regulations–– Precursor chemicals mixed onboardPrecursor chemicals mixed onboard

US ActivitiesUS Activities

Coast GuardCoast Guard’’s proposed regulations would s proposed regulations would set a ballast water discharge standardset a ballast water discharge standard–– Type approval process for Ballast Water Type approval process for Ballast Water

Management System (BWMS)Management System (BWMS)EPA is reviewing applications for biocides EPA is reviewing applications for biocides by developers of BWMSby developers of BWMSCoast Guard and EPA Office of Pesticide Coast Guard and EPA Office of Pesticide Programs are developing a review process Programs are developing a review process for BWMS that use biocidesfor BWMS that use biocides

Coast Guard and EPACoast Guard and EPA

Existing areas of cooperation with Offices Existing areas of cooperation with Offices of Water, Research & Development of Water, Research & Development New partnership between Coast Guard New partnership between Coast Guard and Office of Pesticide Programsand Office of Pesticide ProgramsBuilds on each agencyBuilds on each agency’’s traditional areas s traditional areas of expertiseof expertise–– Coast Guard: shipboard engineering & opsCoast Guard: shipboard engineering & ops–– EPA: toxicology & safe use of chemicalsEPA: toxicology & safe use of chemicals

US Registration of BiocidesUS Registration of Biocides

EPA has determined that ballast water EPA has determined that ballast water treatment is a pesticide use and a treatment is a pesticide use and a ““new new useuse””The product must either be registered The product must either be registered under FIFRA or exempt from registrationunder FIFRA or exempt from registrationEPA Office of Pesticide ProgramsEPA Office of Pesticide Programs–– Antimicrobials Division is lead officeAntimicrobials Division is lead office–– Experimental Use Permits Experimental Use Permits –– one vessel owner one vessel owner

has received permit to develop data in STEPhas received permit to develop data in STEP

EPA Vessel General PermitEPA Vessel General Permit

EPA issued new Vessel General Permit EPA issued new Vessel General Permit (VGP) to comply with recent legal ruling (VGP) to comply with recent legal ruling under Clean Water Actunder Clean Water ActTechnologyTechnology--Based Effluent Limits for Based Effluent Limits for ballast water and certain other categoriesballast water and certain other categoriesTreated ballast water must also meet US Treated ballast water must also meet US state limits for chemical dischargesstate limits for chemical discharges–– State residual chlorine limits range 8State residual chlorine limits range 8--50 50 ug/lug/lEPA may reEPA may re--open ballast water standardopen ballast water standard

IMO ConventionIMO Convention

International Maritime Organization (IMO) International Maritime Organization (IMO) adopted Ballast Water Management Convention adopted Ballast Water Management Convention in 2004, but not yet in forcein 2004, but not yet in forceConvention has specific performance standardsConvention has specific performance standards–– G8 guideline for BWMSG8 guideline for BWMS–– G9 guideline for BWMS that use G9 guideline for BWMS that use ““Active SubstancesActive Substances””

Transition from ballast water exchange to Transition from ballast water exchange to treatment is on technologytreatment is on technology--forcing timeframeforcing timeframe

IMO ConventionIMO Convention

Under G8 guidelines, BWMS that use only Under G8 guidelines, BWMS that use only physical/mechanical means may get type physical/mechanical means may get type approval through a Flag state approval through a Flag state Under G9 guidelines, BWMS that use Under G9 guidelines, BWMS that use active substances must obtain:active substances must obtain:–– Basic Approval for active substancesBasic Approval for active substances–– Final Approval for overall BWMSFinal Approval for overall BWMS–– Type Approval by Flag AdministrationType Approval by Flag Administration

Next StepsNext Steps

Continue the Coast Guard ballast water Continue the Coast Guard ballast water discharge standard rulemaking and discharge standard rulemaking and BWMS type approval processBWMS type approval process–– FIFRA, Clean Water Act, and other lawsFIFRA, Clean Water Act, and other laws

Lead US agency to coordinate with IMO Lead US agency to coordinate with IMO Marine Environment Protection CommitteeMarine Environment Protection Committee

Website: www.uscg.mil/environmental_standardswww.uscg.mil/environmental_standards//Email:Email: environmental_standards@uscg.milenvironmental_standards@uscg.milListserv: Listserv: http://http://cgls.uscg.mil/mailman/listinfocgls.uscg.mil/mailman/listinfo//environmentalstdsenvironmentalstds