Current through Register Vol. 24-18, September 15, 2024
(1)
Purpose.These rules apply to all vessels subject to ballast water
management provisions under chapter 77.120 RCW. The intent of the state's
ballast water management program is to minimize the risk of introducing
nonindigenous species from ballast water and ballast tank sediment into
Washington state waters. Reporting and recordkeeping are designed to assess a
vessel owner or operator's compliance with, and monitor the effectiveness of,
these regulations as defined in
RCW
77.120.030, 77.120.-040, 77.120.070, and
77.120.100. Nothing in this section negates the need to comply with any other
state or federal regulations.
(2)
Ballast water reporting form requirements.
(a) In general. Vessel owners or operators
shall file ballast water management information using a Ballast Water Reporting
Form (reporting form) that is acceptable to the USCG and prior to entering
waters of the state whether or not they intend to discharge ballast water.
Refer to WAC
220-650-070
for interim exchange, WAC
220-650-080
for interim exchange alternative, and WAC
220-650-090
for discharge performance standard requirements. Once within waters of the
state, vessel owners or operators shall file reporting forms for voyages
between state ports. This is necessary for timely enforcement of regulations
and to allow risk analysis by port. Vessel owners or operators who do not
regularly discharge ballast water may apply for a reporting form waiver as
directed in subsection (3) of this section.
Reporting forms will be used by the department to identify
both random and high risk vessels for inspection and to monitor overall
compliance, quantities, distribution, voyage patterns and other information
associated with potential vessel-related introductions of nonindigenous
species.
(b) Prior to
entering waters of the state. At least twenty-four hours prior to entering
waters of the state, vessel owners or operators must file a reporting form with
the department. If filing twenty-four hours prior is not possible due to voyage
distance or change in destination, vessel owners or operators must file at the
time of first known or predictable Washington port visit. A vessel owner or
operator filing a reporting form for a Columbia River visit and stating its
destination as a state of Oregon port must file a new reporting form if its
itinerary changes to a Washington port or for a subsequent voyage from an
Oregon port to a Washington port. The reporting form should be completed
according to the following instructions:
(i)
The reporting form should only have information related to discharges expected
into Washington state waters.
(ii)
If submitting a USCG reporting form, it must be completed per USCG regulation
under Title 33 C.F.R., Part 151.2041, for each port visit.
(iii) If submitting an IMO reporting form, it
must be completed per USCG regulation under Title 33 C.F.R., Part 151.2045(11),
and additional information must be included, showing the total number of tanks
being discharged.
(c)
Within waters of the state. After meeting the requirements of (b) of this
subsection, a new reporting form must be filed by the vessel owner or operator
for each subsequent port, if any, in waters of the state. Vessel owners or
operators must file a new reporting form at least twenty-four hours prior to
arrival at the next Washington port or at the time of first known or
predictable port visit if filing twenty-four hours prior is not possible due to
voyage distance or change in destination. A new reporting form does not need to
be filed where:
(i) A vessel moves multiple
times between an anchorage and the same port for which the discharge is
accurately attributed on the reporting form; or
(ii) The ballast water or sediment to be
discharged was taken up at the same port from where it originated within a
single port visit and did not mix with ballast water or sediment from areas
other than open sea waters.
(d) Amended reporting forms. Vessel owners or
operators shall file an amended reporting form where there are information
errors or where the results of actual operations are different from the
information contained in their last filed reporting form under (b) or (c) of
this subsection. An amended reporting form shall be filed at the time of first
known or predictable change of destination, and immediately upon the completion
of discharge operations resulting in changes to actual volume of ballast water
discharged.
(e) Submission.
Reporting forms must be submitted in a standard electronic format to the
department by email at ballastwater@dfw.wa.gov or, if email is not possible, by
fax to 360-902-2943. Reporting forms that cannot be opened electronically or
are illegible may not be considered as received in a timely manner and requires
filing a new reporting form. Vessel owners or operators who rely on a third
party to collect and forward ballast water reporting forms are responsible for
ensuring that the department receives the ballast water management information
as required in this subsection.
(3)
Ballast Water Reporting Form
waiver.
(a) In general. Vessel owners
or operators who do not, under normal operating conditions, discharge ballast
water may request a reporting form waiver from the department. A waiver request
form letter, as provided by the department, may be requested for multiple
vessels under the authority of a single vessel owner or operator. The waiver
request must be received by the department at least thirty days prior to a
vessel entering Washington waters and does not release the vessel owners or
operators from meeting other federal or state ballast water reporting
laws.
(b) Contents. The waiver
becomes effective upon department approval. The department will approve or deny
approval of the request within thirty days of receipt. The letter must include
the following information:
(i) Vessel
name(s), identification number(s) (International Maritime Organization, Lloyds
of London, or USCG registry number), owner, agent, and vessel
type(s);
(ii) A statement that the
vessel owner or operator will not discharge ballast water into Washington state
waters;
(iii) A statement that the
vessel owner or operator will comply with the requirements in subsection (2) of
this section if discharge becomes necessary;
(iv) A statement that the vessel owner or
operator of the vessel(s) will file for a new waiver if there are any changes
in the information required in this subsection; and
(v) The signature of the vessel owner or
operator.
(c)
Submission. Send the completed form to the department by email to
ballastwater@dfw.wa.gov or, if email is not possible, by fax to 360-902-2943,
or by U.S. mail to: WDFW, AIS Unit, P.O. Box 43200, Olympia, Washington
98504-3200, USA. Incomplete forms will be returned and waiver approval denied
until a completed form has been received.
(d) Availability. Vessel owners or operators
shall maintain a copy of the waiver in the vessel's ballast water management
plan.
(4)
Vessels
claiming safety exemptions.
(a) In
general. Vessel owners or operators claiming a safety exemption under
RCW
77.120.030(4) must file a
reporting form and provide sufficient additional information for the department
to evaluate the claim, determine whether an alternative exchange or emergency
ballast water treatment strategy is warranted, and determine whether a
temporary compliance plan is necessary to prevent or reduce the likelihood of
future claims. The intent of these rules is to prevent or minimize the
discharge of unexchanged or untreated ballast water.
(b) Reporting requirements. Vessel owners or
operators claiming a safety exemption must notify the department of their
intent to do so on the ballast water reporting form as required in subsection
(2) of this section. Notification requires writing the words "SAFETY EXEMPTION"
on the form where it asks "If no ballast treatment conducted, state reason why
not:" and stating the cause as either "ADVERSE WEATHER," "VESSEL DESIGN
LIMITATION," "EQUIPMENT FAILURE," or "EXTRAORDINARY CONDITION." In addition:
(i) Vessel owners or operators are not
required to request a safety exemption if the vessel does not intend to
discharge unexchanged or untreated ballast water and the vessel owner or
operator follows the reporting requirements under subsection (2) of this
section.
(ii) Vessel owners or
operators may rescind a safety exemption claim by filing an amended ballast
water reporting form and notifying the department as required in subsection
(2)(d) of this section.
(iii)
Vessel owners or operators required to meet discharge performance standards
under WAC
220-650-090
and claiming a safety exemption due to equipment failure must conduct an open
sea exchange or provide evidence to establish why that was not
possible.
(iv) The department will
waive the twenty-four hour advance notification as required in subsection (2)
of this section for circumstances where the vessel, crew or passengers are in
imminent danger. In these situations, the vessel owner or operator must file
the ballast water reporting form at the earliest opportunity.
(c) Department review. The
department will review safety exemption claims and determine whether a
compliance plan and/or alternative strategy per WAC
220-650-060
is required to minimize potential discharge of future unexchanged ballast water
until compliance with this section can be met. Reviews will be completed within
sixty days of safety exemption notification on their ballast water reporting
form.
(d) Discharge authorization
requirement. Except where discharging is necessary to prevent jeopardy to the
vessel, crew or passengers, the vessel owner or operator shall not discharge
unexchanged or untreated ballast water without department authorization. The
department will determine and require the vessel owner or operator to conduct
one or more of the following actions:
(i)
Hold its ballast water;
(ii)
Conduct an emergency ballast water treatment response;
(iii) Discharge into a reception
facility;
(iv) Discharge into
specified alternative waters; or
(v) Discharge only the minimum amount
necessary to complete a safe operation.
(e) Safety exemption filing fee. The
department will assess a safety exemption filing fee of five hundred dollars
for administrative costs to assess compliance, unless covered under WAC
220-650-060,
or within the sixty-day notice period under WAC
220-650-060.
Furthermore:
(i) Payment of the fee is due
within thirty days after the date of the written notice by the
department.
(ii) The fee is not a
formal enforcement action and is a public record.
(iii) The fee may be withdrawn if the vessel
owner or operator files an amended report by the payment deadline stating that
no ballast water or sediment was discharged into state waters.
(5)
Ballast water
management plan.
(a) In general.
Vessel owners or operators shall develop, and maintain on board, a ballast
water management plan that has been developed specifically for the vessel and
that will allow those responsible for the plan's implementation to understand
and follow the vessel's ballast water management strategy. The plans of
unmanned barges may be kept on board the towing vessel or incorporated into the
towing vessel's own plan.
The plan should detail safe and effective shipboard
procedures for ballast water management, and the central elements of the plan
should be the processes, equipment, and vessel safety measures used for
implementing the vessel's ballast water management strategy and following the
required ballast water management practices. Vessel owners and operators should
seek assistance from their class societies, marine surveyors, or other
appropriate marine services during the development of the plan.
(b) Contents. At a minimum, the
plan should include:
(i) Detailed ballast
water management safety procedures;
(ii) Actions for implementing the mandatory
ballast water management requirements and practices;
(iii) Detailed fouling maintenance and
sediment removal procedures for areas on the vessel where ballast water can be
carried;
(iv) Identification of the
designated officer(s) in charge of ensuring that the plan is properly
implemented;
(v) Detailed reporting
requirements and procedures for ports in Washington state where the vessel may
visit; and
(vi) A translation of
the plan into English if the ship's working language is another
language.
(c) Training.
The vessel owners or operators and appropriate crew must be trained in the
application of the vessel's ballast water and sediment management
strategies.
(d) Availability.
Vessel owners or operators shall make the ballast water management plan readily
available for examination by the department at all reasonable times. The vessel
owner or operator shall readily transmit the management plan or any other
specific information to the department regarding the vessel's ballast
operations as the department may request.
(e) Alternative means of recordkeeping. The
ballast water management plan may be an electronically recorded system or
integrated into another management plan or system. At a minimum, any
alternative method shall meet the provisions of this subsection.
(f) Alternative means of recordkeeping. The
ballast water log or record book may be an electronically recorded system or
integrated into another record book or system. At a minimum, any alternative
method shall meet the provisions of this subsection.
(6)
Ballast water log or record
book.
(a) In general. Vessel owners or
operators shall record all ballast water and sediment management operations in
the vessel's ballast water log, record book, or other suitable documentation
system. This information is used by the department to assess compliance, review
ballast water and sediment management history, and recommend practices that can
improve ballast water management compliance and efficiency.
(b) Content. Vessel owners or operators shall
maintain a version of the ballast water log, record book, or other suitable
documentation system in English on board the vessel that, at a minimum:
(i) Records each operation involving ballast
water or sediment management;
(ii)
Describes each such operation, including the location and circumstances of, and
the reason for, the operation;
(iii) Records the exact time and position of
the start and stop of ballast water exchange or treatment operations for each
tank;
(iv) Describes the nature and
circumstances of any situation under which any operation was conducted under a
safety exemption set forth in subsection (4) of this section; and
(v) Records ballast water and sediment
management training.
(c)
Availability. Vessel owners or operators shall make the ballast water log or
record book readily available for examination by the department at all
reasonable times. The vessel owner or operator shall transmit such information
to the department regarding the ballast operations of the vessel as the
department may require.
(d)
Retention period. The ballast water log or record book shall be retained on
board the vessel for a minimum of two years after the date on which the last
entry in the book is made.
(e)
Required signatures. The department will require, at a minimum, that each
completed page and each completed vessel exchange or treatment operation in the
ballast water log or record book be signed and dated by the vessel owner or
operator or responsible officer; and that such owner, operator, or responsible
officer attests to the accuracy of the information provided and certifies
compliance with the requirements of this subsection.
(f) Alternative means of recordkeeping. The
ballast water log or record book may be an electronically recorded system or
integrated into another record book or system. At a minimum, any alternative
method shall meet the provisions of this subsection.
Statutory Authority:
RCW
77.12.047,
77.120.030,
77.120.040, and
77.120.070. 09-14-052 (Order
09-110), §
220-150-030, filed 6/25/09,
effective 7/26/09.