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Johnson: Environmentalists have already won the ship ballast battle

October 05, 08 by TheFleet

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Source: RedOrbit

A new rule requiring all ships to flush their ballast tanks in the Atlantic Ocean before entering the Saint Lawrence Seaway should be enough to save the Great Lakes, an expert says.

Collister Johnson, administrator of the Saint Lawrence Seaway Development Corporation said the rule solves the issue of protecting the five lakes from invasive species carried by incoming ships.

“I just wonder sometimes if (environmental groups) appreciate that they’ve won the battle. And whether we ought to move on to other things like sewage runoff, and infrastructure, and other things that are problems for the Great Lakes,” Johnson said.

Read the full story at RedOrbit >>

Nine U.S. States, Canada suing EPA for allowing ballast water releases in Lakes

October 02, 08 by TheFleet


Source: Duluth News Tribune

Minnesota and eight other states are suing the Bush administration over what New York Attorney General Andrew Cuomo says is an illegal administrative ruling that could hurt fisheries and contaminate drinking water.

The states contend the federal government has created a loophole that could allow the transfer of polluted or contaminated water by ship from one water body to another where it would do harm.

Full story at the Duluth News Tribune >>

Minnesota PCA approves new ballast rules

September 25, 08 by TheFleet


by Elizabeth Dunbar | Source: Forbes

ST. PAUL - The state pollution control agency approved strict standards for ships that discharge ballast water into Lake Superior, hoping they will cut down on the spread of harmful invasive species.

Unlike federal proposals pending in Congress, the new permit process will cover both oceangoing vessels and ships that stay within the Great Lakes.

…. by 2016, ships will be required to treat their ballast water before dumping it into Minnesota waters.

Details of interim and longer-range management, enforcement at Forbes >>

Lloyd’s Register releases new Ballast Water Treatment Technology guide

September 24, 08 by TheFleet

Source: Seafarer’s Blog

The latest Lloyd’s Register guide to Ballast Water Treatment Technology is now available. This follows the success of last year’s guide, the first of its kind. This updated version provides further independent and impartial descriptions and appraisals of commercially available and developing technologies for ballast water treatment.

… The latest guide gives more information on estimates of CAPEX (capital expenditure) and OPEX (operating expenses) related to the ballast water treatment systems and it outlines the significant moves by manufacturers towards obtaining system approval, active substance approval as required and Type Approval certification.

Full article and links at the Seafarer’s Blog >>

Minnesota not waiting for feds to sort out ballast rules

September 23, 08 by TheFleet


by Tom Meersman | Source: Star Tribune

Weary of waiting for federal action, the Minnesota Pollution Control Agency is scheduled to vote on a precedent-setting rule today that will prohibit ships from dumping untreated ballast water into Duluth-Superior harbor and other state waters.

State officials say they have to act because Duluth receives far more ballast water than any other Great Lakes port, making it more at risk from invasive species.

The state’s proposal would require all large ships to begin treating their ballast water before dumping it, beginning in 2016. Possible treatment includes filtering through extremely fine screens or sand; using chemicals such as chlorine or ozone; or applying methods such as ultraviolet radiation or heat.

New ships would have to have the treatment technology working by 2012.

Ship owners and trade associations agree that invasive species are a problem, but object to Minnesota’s plan.

Read the full story at the Star Tribune >>

Carriers urge consistent ballast water regulation

September 19, 08 by TheFleet


R.G. Edmonson | Source: Journal of Commerce Online

WASHINGTON — A stalemate in the Senate over the regulation of ships’ ballast water has led a coalition of carriers to urge lawmakers to make sure any ballast water standards are consistent throughout the United States.

The letter expresses concern that under the Clean Water Act, states are encouraged to regulate pollution sources within their boundaries. Ships that call at ports in many states could face “a patchwork of overlapping, inconsistent federal and state requirements.”

…Carriers are pessimistic that senators can reach an agreement in time to stop a court-ordered EPA general permit system under the Clean Water Act on Oct. 15.

In addition to World Shipping, the letter was sent by the Chamber of Shipping of America, American Waterways Operators, and Intertanko, the International Association of Independent Tanker Owners based in Oslo.

Read the full story, parts of the letter at the Journal of Commerce Online >>

Obama proposes $5B trust fund for Great Lakes cleanup

September 18, 08 by TheFleet


Source: Canadian Press

Senator Barack Obama will propose a $5-billion trust fund for Great Lakes cleanup and restoration if elected president, his campaign said Tuesday.

The fund, to be phased in over 10 years, would be the centrepiece of a plan that also includes designating a co-ordinator to oversee Greats Lakes programs and a stepped-up fight against invasive species.

… The trust fund would be paid for by rolling back tax breaks for oil companies, Obama’s campaign said. It would support a variety of projects including sewage system repairs, cleanup of polluted sediments and restoration of wetlands and wildlife habitat.

The Great Lakes co-ordinator, based in the U.S. Environmental Protection Agency, would help develop a priority list for federal, state and local initiatives.

Obama’s program also pledges a “zero toxics” policy for the lakes, which make up nearly one-fifth of the world’s fresh surface water. It calls for measuring pollution already entering the lakes, determining the sources and reducing future deposits.

Another priority would be strengthening federal standards against mercury, a leading Great Lakes pollutant, the campaign said.

The plan also promises a more aggressive effort to prevent additional exotic species from reaching the lakes, particularly the Asian carp, which has infested the Mississippi River and is moving toward Lake Michigan.

It says Obama would work with the eight Great Lakes states to stop freighters from bringing exotics to the region in their ballast water.

Full story, quotes, and McCain camp reply at Canadian Press >>

Eight days on the ‘Herbert C Jackson’: a trip aboard a working freighter

September 06, 08 by TheFleet


Source: The Beacon, Column

Last week I began writing about a trip my brother, Tom Allen, took on the lake freighter Herbert C Jackson July 2-10. His friend, Charlie Ontko, had invited Tom to go on a working trip on this boat. They left from Toledo, loaded with coal, went across the western end of Lake Erie, up Detroit River, Lake St Clair, St Clair River and most of the length of Lake Huron.

… On July 5 the Herbert C Jackson was traveling “light ballast” (no freight) as she made her way out the St Mary’s River, through Whitefish Bay and thence onto mighty Lake Superior. Destination: Duluth, Minnesota, at the extreme western end of the lake.

The weather was good, sunny and fine. However, the water temperature of Superior was only 48 degrees so that kept things cool. The guys wore jackets or sweatshirts most of the time.

On Saturday night, just as darkness was coming down, they passed the Keweenaw Peninsula jutting out from the Michigan shore. Tom called home and said they were close enough to see lights from vehicles on shore.

…At Superior they loaded coal for Marquette, Michigan. They didn’t get off the boat at all because they were waiting for officials to check their identification papers. Soon they were underway again, back out the river and heading toward where they would round the Keewenaw Peninsula and then “short-cut” down to Marquette.

At Marquette they unloaded the coal, moved to another dock and loaded iron ore pellets. Tom told us later that the loading and unloading procedures are fascinating. The boat carries ballast water and while loading and unloading the boat is kept level fore and aft. Sometimes loading is slowed while ballast water is pumped out. The crew can actually load freight faster than they can pump water out!

… In the Detroit River, the mail boat came out to meet them. Called by the sailors, “mail in a pail”, a pail is let down and mail and other items are transported to or from the freighter in a closed bucket. Also, another sailor came aboard at this time, leaving the smaller boat and climbing up a ladder on the side of the big boat. Since the Herbert C Jackson was so heavily loaded and low in the water, the new man coming aboard did not have far to climb. Again, all this happened while the two boats were underway and, again, is “routine”.

Lots more to read of Tom’s 8 days on the Herbert C Jackson at The Beacon >>

Stanford Law School wins Appeals Case, EPA Required to Enforce Clean Water Act

July 24, 08 by TheFleet


Source: Stanford Law School

STANFORD — The Environmental Law Clinic at Stanford Law School today announced that the Ninth Circuit Court of Appeals ruled in favor of environmental organizations seeking to force the U.S. Environmental Protection Agency (EPA) to regulate ship discharges under the Clean Water Act.

Dealing a setback to the shipping industry, the decision follows a 2005 lower court ruling that the EPA had illegally exempted ship discharges from Clean Water Act requirements. That decision gave the agency until September 2008 to end the regulatory exemption and issue permits to ships, an order that the EPA appealed to the Ninth Circuit.

“The EPA spent nearly ten years fighting against using the nation’s only comprehensive law to combat an environmental plague that is costing the U.S. economy billions of dollars,” said Deborah Sivas, Director of the Environmental Law Clinic at Stanford Law School, which represented the three plaintiff groups. “We are gratified that the Appeals Court has held the EPA accountable so that this country can begin to control the dangerous tide of invasive species.”

The court’s ruling today upholds the lower court’s order directing the EPA to take specific action to ensure that shipping companies comply with the Clean Water Act and restrict the discharge of invasive species in ballast water. In mid-June, the EPA issued a draft permit to regulate all vessel discharges. The draft permit requires treatment of a wide range of pollutants contained in ballast water and many other types of ship discharges.

Nina Bell, Executive Director of the Portland, Ore.-based Northwest Environmental Advocates, said the court’s decision will properly shift some of the burden of invasive species from taxpayers to shippers. “The Ninth Circuit’s decision is very important for the taxpayers who have been paying the huge price of the EPA’s continuing refusal to implement the Clean Water Act,” said Bell. “If the EPA had used its Congressional mandate thirty years ago, this country would have been using the Clean Water Act to effectively control ship discharges for all that time,” she added.

The plaintiff groups cautioned that the shipping industry has already shifted its fight from the courts to lobbying Congress. “As soon as we won the district court case in 2005, the shipping industry immediately turned to Congress for a special exemption from the Clean Water Act, to preserve their ability to pollute at the nation’s expense,” Bell said.

Live species from other countries are carried to U.S. waters in ballast water that ships use for stabilization. The ballast water is discharged into bays, estuaries, and the Great Lakes as ships approach port and when cargo for export is loaded. Over 21 billion gallons of ballast water from international ports is discharged into U.S. waters each year. The cost of damage caused by invasive species to the U.S. economy is estimated in the billions of dollars annually. Read the rest of this entry »

Ruling: Ship Ballast discharges fall under Clean Water Act; EPA Compelled to Act

July 24, 08 by TheFleet


Source: Duluth News Tribune

The 9th Circuit Court of Appeals on Wednesday ruled in favor of environmental groups pushing the U.S. Environmental Protection Agency to regulate ship ballast discharges under the Clean Water Act.

The decision upholds 2005 and 2006 lower court rulings that the EPA must begin enforcing the Clean Water Act for all ship discharges starting Sept. 30 this year. The EPA and shipping interests had challenged the lower court rulings.

… The Minnesota Pollution Control Agency is moving forward based on the court rulings to regulate ships’ ballast discharges in Minnesota waters of Lake Superior, requiring permits of all ballasted ships on Sept. 30 and gradually requiring ships to treat ballast water over the next eight years.

Full story at the Duluth News Tribune >>

Seaway Exec refusing to look at saltie moratorium, despite ample alternative capacity to move cargo

July 01, 08 by TheFleet

by Dan Egan | Source: Milwaukee Journal-Sentinel

U.S. Seaway boss Collister Johnson Jr. says talk of blocking oceangoing traffic on the Great Lakes isn’t realistic because the U.S. jointly owns the Seaway with Canada, so the U.S. could not unilaterally close the door to oceangoing ships.

“It’s just not going to happen,” he says.

It isn’t just Americans who have floated the idea of locking out overseas vessels. In May last year a binational coalition of 90 environmental groups endorsed the idea of a shipping moratorium until those vessels can prove they will not further pollute the lakes.

But even if people contest the accuracy of his $55 million estimate, he says, the federal government’s own data reveals how relatively tiny the overseas shipping business is. Last year 459 oceangoing vessels sailed up the Seaway during its nine-month shipping season.

“People think it’s a lot bigger part of the transportation system than it is,” he says.

Rail executives say they have ample capacity to handle the roughly 9 million tons of cargo oceangoing ships moved through the Seaway last year.

Ship operators who sail only in the Great Lakes and Seaway also say they could muster the capacity to move that tonnage to and from the Eastern ports if rail couldn’t do the job.

“If there were more product there, our ships would take advantage of that,” says Don Morrison, president of the Canadian Shipowners Association. “We wouldn’t let anything sit on the dock.”

Full story, more quotes and details at the Milwaukee Journal-Sentinel >>

Lake Michigan salmon fishery on brink of collapse? Lake Huron’s has already crumbled

June 30, 08 by TheFleet


by Dan Egan | Source: Milwaukee Journal-Sentinel

The salmon fishery has collapsed on Lake Huron, and it happened in just a few years. In 2003, Michigan’s 10 busiest ports on Lake Huron saw about 1.2 million recreational fishing hours, according to the Michigan Department of Natural Resources. Last year, that number dropped to approximately 300,000 - a decline of 75%.

And the effects of that collapse have crashed onto the streets of Deaton’s Harbor Beach, a town of about 1,800 along Michigan’s Lake Huron coast.

“As you’re driving through town, just look side to side,” says tackle shop owner Art Farden. “We’ve lost three grocery stores in the last five years.”

…it’s no stretch to say the salmon collapse has been catastrophic to the local economy.

The problem is the little fish that sustained the big salmon have disappeared.

…The worry now is the troubles will spill into the much more heavily populated - and heavily fished - Lake Michigan.

It might already be happening. The numbers of forage fish that sustain the salmon on Lake Michigan are dropping like the cannonball-sized sinkers that charter boat captains use. The estimated volume of forage fish in 2007 was at a record low of about 31,000 tons, a 93% decline from the late 1980s.

“I’m waiting for the other shoe to drop. I’m really concerned,” says Dan Thomas, president of the Great Lakes Sport Fishing Council.

… Six summers ago, the U.S. Army Corps of Engineers explored the idea of expanding the St. Lawrence Seaway to accommodate bigger oceangoing vessels to attract more business to the underused nautical highway.

The agency scoffed at worries that opening the Great Lakes to more overseas freighters would lead to more ecological chaos.

“The most dramatic impacts to the ecosystem have likely already occurred,” the Corps stated in a nearly 500 page report released in June 2002.

Those words proved ludicrously wrong.

Just five months after the report was published, researchers at the University of Wisconsin-Milwaukee discovered a fistful of suspicious mussels during a fish survey on the lake’s open waters, about 20 miles northeast of downtown Milwaukee.

The cluster of fingernail-sized shells turned out to be the scientists’ first encounter with the previously obscure quagga mussel, yet another invader that made its way into the Great Lakes as a stowaway aboard an ocean freighter.

In just six years, those filter feeders have gone from a curiosity to a cancer, smothering the lake bottom in a manner the zebra mussel never came close to doing and forever changing the way energy flows through Lake Michigan.

Asked how the lake could recover to something resembling its natural state, UWM senior scientist and quagga mussel expert Russell Cuhel responds:

“It can’t. It’s a new lake.”


Charts, photos, much more to this critical story at the Milwaukee Journal-Sentinel >>

EPA proposes new discharge permit for all vessels on lakes, not just ships

June 25, 08 by TheFleet

By JEFF KART | Source: Bay City Times

The U.S. Environmental Protection Agency released a formal proposal last week to require commercial and recreational boaters to get pollution discharge permits similar to those issued to wastewater treatment plants.

The permits would cover everything from deck and hull cleaning to fueling, trash management and graywater discharges, with categories for boats under 79 feet long, and boats 79 feet and longer.

The proposal is the EPA’s response to a 2005 ruling by a California district court in a case focused on invasive species that can travel in the ballast water of large ships.

The court ruled that the EPA had overstepped its authority in not requiring Clean Water Act permits for discharges from the normal operation of vessels.

The agency estimates that 91,000 domestically flagged commercial vessels would be affected by the permits, along with 13 million recreational boats and 8,000 foreign flagged vessels. There are more than 1 million recreational boats in Michigan waters.

“This is the result of Michigan and several other states suing the EPA over the need to regulate ballast water from the ocean-going ships,” said DEQ spokesman Robert McCann.

“This is EPA’s approach they want to take and it’s actually not an approach we agree with.”

More about proposed legislation and comments from boating groups, at the Bay City Times >>

VHS spreading through Lake Michigan, causes die-off in Milwaukee

June 12, 08 by TheFleet

Source: Green Bay Press Gazette

A fast-spreading virus recently killed thousands of round gobies near Milwaukee, and officials fear the same fate may await fish elsewhere in Lake Michigan.

The gobies washed ashore May 28 after dying from viral hemorrhagic septicemia, according to the Wisconsin Department of Natural Resources. The virus causes fish to hemorrhage and suffer organ failure.

The Milwaukee incident made Lake Michigan the fourth of the five Great Lakes to suffer a large VHS-related fish kill. Only Lake Superior has avoided the disease.

Read the full story at the Green Bay Press Gazette >>

Great Lakes Ballast Water Management Report: 100% inspection rate for first-trip salties

June 11, 08 by TheFleet


By MIKE FORNES | Source: Cheboygan Daily Tribune

CLEVELAND - Substantial progress has been made in the past year regarding regulation of ballast water discharges into area waters, according to the Great Lakes Ballast Water Working Group which has released the Great Lakes Ballast Water Management Report.

Highlights from the report include a marked improvement over the prior year’s inspection program statistics in a number of areas, including ship compliance rates.

  • 100 percent of first-trip ships bound for the Great Lakes received a ballast water exam.
  • 100 percent of ballast water reporting forms were screened to assess ballast water history, compliance, voyage information and proposed discharge location.

The complete report can be viewed by contcating the Coast Guard at externalaffairs@uscg.mil.

Read the full story at the Cheboygan Daily Tribune >>

Saltie ‘Eider’ gets ballast water check by USCG

June 06, 08 by TheFleet


Source: USCG

Petty Officer 2nd Class Travis Kelly, Marine Safety Detachment Massena, worked with a crewmember to get a sample of ballast water from the motor vessel Eider in Montreal June 3.

The U.S. Coast Guard inspects all vessel’s ballast water before they enter the Great Lakes to prevent invasive species inhabiting ecosystems.

Photo by Petty Officer 3rd Class William B. Mitchell.

2007 Great Lakes Ballast Water Management Report Released (Download)

May 30, 08 by TheFleet

Source: USCG

CLEVELAND - The Great Lakes Ballast Water Working Group (BWWG) has released the 2007 Great Lakes Ballast Water Management Report.

BWWG meets regularly throughout the year to develop, enhance and coordinate bi-national enforcement and compliance efforts to reduce the introduction of aquatic invasive species via ballast water.

Download the report (PDF) here.

Checking ballast water fairly simple; how it was done on the M/V Federal Kivalina

May 28, 08 by TheFleet

By TOM WANAMAKER | Source: Watertown Daily News

MONTREAL — Determining the salinity level of water in the 16 ballast tanks of a 600-foot oceangoing cargo ship seems like a monumental task. But in reality it’s not unlike, and almost as easy as, checking the engine oil in a Buick.

And because it guards the entrance to the St. Lawrence Seaway, the only water route into or out of the Great Lakes, the St. Lambert Lock in Montreal offers a perfect inspection site.

“We now know from research and science that salt water is a very effective killer of freshwater organisms.”

On May 5, Terry Jordan, a Seaway Development Corp. marine specialist, boarded the cargo ship M/V Federal Kivalina to inspect the ballast water in its 16 tanks. Because the ship was laden with cargo, all pumpable ballast had been removed from the tanks, leaving 2 to 6 inches of residual water and sediment at the bottom of each one. Fully loaded, the ship’s tanks can hold a combined 12,000 cubic meters of ballast water. In either case, the new regulations required a full inspection.

On deck, Mr. Jordan met with the ship’s bosun, Mohammed Sanghri, who is in charge of the deck crew, to perform the inspection.

Mr. Sanghri uncapped a slender tube, called a sounding pipe, protruding from the tank up through the deck. He then inserted a metal weight…

Read this excellent, detailed story at the Watertown Daily News >>

Federal agencies sued for not enforcing existing laws on Great Lakes

May 01, 08 by TheFleet

Source:  Duluth News Tribune

Four Northland conservation groups have filed suit against two federal agencies, claiming the government has the authority and obligation to regulate ballast water but has failed to do so.

The groups, led by the Duluth chapter of the Izaak Walton League of America, announced Wednesday that they filed suit in federal district court in Minneapolis against the U.S. Department of Agriculture’s Animal Plant Health Inspection Service and against the U.S. Coast Guard for failing to keep exotic species out of U.S. waters.

The lawsuit asks for an injunction that would require the Coast Guard to enforce orders preventing ships from taking on and moving ballast water from Great Lakes waters where the VHS virus or other aquatic nuisance species occur. The suit asks for a similar injunction to require the Animal and Plant Health Inspection Service to enforce rules against transporting live fish in ballast water in the Great Lakes.

“The agencies are not enforcing the regulations,” said Grant J. Merritt, the plaintiffs’ attorney, a longtime environmental issues attorney and former commissioner of the Minnesota Pollution Control Agency. The suit claims the agencies already have the authority to act and that no new legislation is needed.

Read the full story at the Duluth News Tribune >>

Minnesota District Court orders PCA to regulate ballast water as pollution

April 23, 08 by TheFleet

John Myers | Source: Duluth News Tribune

A state District Court judge in Ramsey County has ordered the Minnesota Pollution Control Agency to regulate ballast water released by Great Lakes ships as pollution.

Judge Kathleen Gearin issued the ruling Tuesday…

Gearin ruled that the PCA must enforce both the federal Clean Water Act and state statutes and have a permit system in place to regulate ballast water discharges as pollution starting Oct. 1. The MCEA had asked that ballast waster be regulated immediately.

Read the full groundbreaking story at the Duluth News Tribune >>