Revising WAC Codes for Ballast Water: Research Overview

1. Research for Revising WAC Codes for Ballast Water Violet Barnard * Yu Dai * Rebecca Goyt May 30, 2007

2. Ballast Water Basics Figures courtesy of the IMO & PWSRCAC.

3. Background - why this is important Aquatic Invasive Species Global economy = global shipping Ballast Water - exchange or treatment Costs - financial & environmental Figure courtesy of PWSRCAC.

4. Project Overview • ANSC from WDFW • HB 1738 & SB 5748 • Ballast Water Work Group • Research Goals: -regular vs. negotiated rulemaking in WA -ballast water legislation in CA, Canada, IMO -ballast water treatment standards -guidance for reporting & penalties

5. Current Ballast Water Regulations:WAC 220.77.090 & .095 • Applies to vessels > 300 tons • Report due 24 hrs prior to WA: method of exchange &/or treatment or claim exemption • Exchange & treatment standards exist, but… no ‘teeth’ in current WAC • Filing period has passed 7/06 • Current regulations effective 7/07 already out of date compared to other jurisdictions • Regulations need updating: methods of compliance, monitoring reporting, & penalties

6. What are rules and why do we need them? • written policies or procedures • adopted by agencies • generally applicable • used to "fill in the gaps" of legislation.

7. Rules in Washington • RCWs---- Revised Code of Washington • WACs---- Washington Administrative Code • Washington's Administrative Procedure Act (APA).

8. When is the rulemaking process implemented? • adopt a new rule • amend an existing rule • repeal an existing rule

9. Three basic steps • Notice of intent to change, adopt, or repeal a rule (CR-101) • Proposed new or revised rule language ( CR-102) • Final Adoption of the Rule. (CR-103)

10. Other Rulemaking Processes: • Emergency Rulemaking:  • Good cause requirement • No public notice or hearing • Expedited Rulemaking.  • Certain limited circumstances.  • Through negotiated or pilot rulemaking

11. Negotiated Rulemaking • Voluntary process • Bring parties together • Reach consensus

12. Negotiated Rulemaking Strengths • Increases citizen participation • Results in more creative solutions • Shortens the ultimate length of time necessary to produce a rule • Eases implementation • Increases compliance, and reduce future conflict and litigation

13. Key Steps in Negotiated Rulemaking • 1) Conflict Assessment Phase • 2) Convening Phase • 3) Negotiation Phase • 4) Drafting stage • 5) Formal rulemaking stage

14. So far, the experience? • It is a tool • It can succeed or fail

15. Senate Bill 5748 • Ballast Water Work Group Formed • Consists of interested parties (stakeholders) • Group’s goal is to reach consensus • SB 5748 is looking to impose more stringent regulations • Challenges faced • Group has varied interests • Major divide between industry and others • Pollution vs. Not enough technology

16. Major Changes in Bill • Penalties increasing from $500-$5000 to $27,500. • $27,500 is max penalty per day • each day a violation continues is treated separately • Exemptions • Safety • Ballast water is local • Proper technology is utilized

17. Major Changes in Bill Con’t Reporting Events necessary to report: • A large passenger vessel release of graywater into the marine waters of the state. • Until January 1, 2010, a large passenger vessel release of sewage into the marine waters of the state or a marine sanctuary. • A large passenger vessel or oceangoing ship release of hazardous waste, other waste, sewage sludge, or oily bilgewater into the marine waters of the state or a marine sanctuary. • An oceangoing ship with sufficient holding tank capacity release of sewage or graywater into the marine waters of the state or a marine sanctuary Must be reported to State Authorities within 30 minutes - Penalty of maximum $27,500 applies when violated

18. Tunicates of Washington • Three Main types • Club Tunicate • Transparent Ciona • Invasive Didemnum

19. Examples of Tunicates

20. Ballast Water Exchange • Standards: • empty/refill @ 100% • flow-thru x 3 • Open Ocean: • transoceanic = > 200 miles • coastal = > 50 miles • depth = n/a Figure courtesy of the IMO

21. Ballast Water Treatment • Standards • Mechanical • Chemical • Physical • Heat/Electrical • De-oxygenation • Irradiation • Combo of above • Future R & D ? Figure courtesy of the PWSRCAC.

22. Status of SB 5748 • First Stakeholder meeting held on May 8th, 2007 • Meeting started the rule making process (filing of CR-101) • RCW’s to be revised were selected Preliminary dates set: • December 3, 2007 new rules implemented • Consensus draft by August 31, 2007 • WDFW hear bill at October 12-13, 2007 meeting • Approve at November 2-3, 2007 meeting

23. Yu • A similar regulation to CA, Canada, IMO in Washington will ensure • Protection of our waters; • Consistency for shipping companies; • Keep Washington prosperous.

24. Violet • Untreated Ballast water is pollution • Invasive species are a problem • Puget Sound is a common resource, it makes the Northwest the Northwest • Stricter regulation has been proven to pass (California) • Waiting for technology is not the answer • Other issues can be fixed while technology grows

25. Rebecca • Lessons Learned: be pro-active! • Global issue • Local Responsibility Legislative Process - too slow? • Figure courtesy of PWSRCAC..