EPA Denies Ballast Water Petition

The U.S. Environmental Protection Agency (EPA) issued its Decision denying the petition filed by environmental advocacy groups seeking repeal of the regulation allowing ships to discharge ballast water in the United States. The environmental advocacy groups sought to bring ballast water discharges within the National Pollutant Discharge Elimination System (NPDES), meaning that individual discharge permits would be required for each ship. The EPA notes that there are many ongoing activities related to control of invasive species in ballast water, many of which are likely to prove more effective and efficient than NPDES permits.

Congress has enacted other measures specifically intended to address ballast water issues. The exclusion of ballast water discharges from the NPDES program is a long-standing policy that should not be overturned when other options are available.