Position Papers
Uniform Regulation of Ballast Water
Goal:
Ballast water management (BWM) regulations that are protective of the environment, maintain efficient waterborne commerce on the Great Lakes and St. Lawrence Seaway, and are binationally compatible.
Background:
Ballast water discharges are critical to the safe operation of vessels. The maritime industry established best management practices (BMPs) and technical innovations to ensure the Great Lakes ecosystem is protected. Great Lakes stakeholders pushed for a better way to regulate ship discharges other than the U.S. Environmental Protection Agency (EPA) Vessel General Permit (VGP) and individual State regulations. The Vessel Incidental Discharge Act (VIDA) empowered the U.S. EPA and the U.S. Coast Guard (USCG) to establish uniform federal vessel discharge requirements.
As previously reported, the U.S. EPA established the National Standards of Performance for Vessel Incidental Discharges on October 9, 2024. The final rule included general standards and vessel-specific standards for 20 discharges incidental to the normal operation of a vessel, including discharges from ballast tanks. The U.S. EPA final rule exempted all existing vessels operating exclusively on the Great Lakes (“Lakers”) from meeting the numeric ballast water discharge standard and created separate requirements for “New Lakers”, vessels constructed after the effective date of USCG VIDA implementation regulations.
The U.S. EPA final rule included an equipment standard for “New Lakers” to install, operate, and maintain a USCG-type approved ballast water management system (BWMS). The U.S. EPA describes the “New Laker” requirement as a BMP. GLMTF supports the “existing Laker” exemption but does not agree with the “equipment standard” nor the implementation timeline for “New Lakers”.
GLMTF also supports the Lake Carriers’ Association (LCA) requesting the Federal Maritime Commission (FMC) to proceed with the investigation into unfair practices by the Government of Canada requiring U.S.-‑flagged Lakers to install a BWMS on any vessel operating in Canadian waters of the Great Lakes, even if the U.S.-flagged Laker is only carrying U.S. cargo and not discharging ballast water in Canadian waters. The LCA continues to engage with the FMC. The FMC has not made a decision.
The Canadian regulation places an undue burden on U.S.-flagged Lakers by requiring equipment that significantly impacts the operation of vessels. The estimated compliance cost for the U.S.-flagged Great Lakes fleet is $853M (2025$). The Canadian regulation would decimate U.S.-flagged Lakers. Due to political pressure, Transport Canada granted the four “new” Lakers (i.e., built after 2008) exemptions until 2028 or 2029, depending on their drydocking date, but denied petitions to review applications for older Lakers that needed decisions for the 2030 compliance date as contract negotiations would be impacted.
Action:
Continue working with the USEPA, USCG, and other stakeholders to develop federal vessel discharge regulations for the Great Lakes that are protective and will align with the operational requirements of the U.S.-flagged Great Lakes fleet. Work with our federal partners to revise the Canadian regulations and make them fair and compatible with vessel operation.