Current through Register Vol. 24-18, September 15, 2024
(1) This section
implements
RCW
77.120.040(5)(a). All
vessels using treatment technologies designed to meet state ballast water
discharge performance standards are required to notify the department prior to
or within thirty days of their first use in waters of the state. A prior
notification is preferred to assess compliance with state regulations in using
treatment technology to meet discharge performance standards and to assist
vessel owners or operators in avoiding the discharge of ballast water that does
not meet those standards or that poses other potential violations. It is the
responsibility of the vessel owner or operator to show that the installed
equipment meets state discharge performance standards. Vessel owners or
operators wishing to use treatment technology that does not meet state
standards may apply for a waiver to use the technology as promising technology
under subsection (3) of this section.
(2)
Notification. Vessel owners
or operators using treatment technology must file a signed notification form,
as provided by the department, stating that their vessel meets state discharge
performance standards under WAC
220-650-090.
A single notification form may cover multiple vessels under the authority of a
single vessel owner or operator. The form must include the minimum content as
required in subsection (4) of this section.
(3)
Waiver for promising treatment
technology use.
(a) In general. Vessel
owners or operators using promising treatment technology do not need to file a
notification, but they must apply for a waiver to the interim open sea exchange
requirements under WAC
220-650-070.
(b) Criteria. The form must include the
minimum content as required in subsection (4) of this section and be received
by the department at least forty-five days prior to entering waters of the
state. In addition, promising technology must meet one or more of the following
criteria:
(i) The same manufacturer's
treatment technology is being tested on a vessel that is enrolled in the USCG
Shipboard Technology Evaluation Program (STEP), United States Environmental
Protection Agency Environmental Technology Verification (ETV) program, or other
department-recognized regional or national program;
(ii) The technology is approved as promising
technology or a similar classification by the state of California, Oregon,
Hawaii, or Alaska for use in their state waters; or
(iii) The technology is being actively
evaluated under the IMO final approval process.
(4)
Notification and waiver application
form content.
(a) In general. Standard
notification application and promising technology waiver forms are provided by
the department and must be used for this subsection. A single waiver form may
cover multiple vessels under the authority of a single vessel owner or
operator.
(b) Content. The
department's notification of treatment technology use and application for
promising treatment technology waiver forms will, at a minimum, require 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) The manufacturer and brand name of the
technology on board the vessel and a brief description of the technology and
process for removing or inactivating organisms in ballast water;
(iii) The name of the organization or flag
state that has approved the ballast water treatment technology, and the
approval or certification number of the technology or other information that
reasonably documents how the technology was tested to ensure it meets, or is
likely to meet in the case of promising treatment technology, state discharge
performance standards for the vessel type on which it is being used;
(iv) If the treatment technology will not be
used on all ballast tanks, the number of tanks and the volume of each tank that
will be managed using the treatment technology;
(v) A recommendation from the state
department of ecology, based upon a toxicity report provided in accordance with
Appendix H of ecology publication number WQ-R-95-80, setting conditions
necessary for the environmentally safe discharge of biocide-treated ballast
water;
(vi) A statement that the
vessel owner or operator will file a new notification if there are any changes
in the information required in this subsection;
(vii) A statement that the vessel will
conduct a valid ballast water exchange, under WAC
220-650-070,
if it does not use the treatment technology; and
(viii) The signature of the vessel owner or
operator.
(5)
Submission. The department will accept notification and waiver
application forms at any time. 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. The vessel owner or operator will be notified of
the department's receipt of the form within ten working days.
(6)
Acceptance.
(a) Notification. The department will make a
final decision on acceptance of a notification application form within
forty-five days of receipt. If the notification is illegible or incomplete, it
will be returned to the vessel owner or operator as unacceptable, with an
explanation of the deficiencies. The notification is effective upon department
verification of acceptance by email or in writing to the vessel owner or
operator.
(b) Waiver for promising
treatment technology use. The department will make a final decision on
acceptance for a waiver within forty-five days of receipt. If the application
is illegible or incomplete, it will be returned to the vessel owner or operator
as incomplete, with an explanation of the deficiencies. The waiver is effective
upon department verification of acceptance by email or in writing to the vessel
owner or operator.
(7)
Notification and waiver acceptance conditions.
(a) In general. To maintain acceptance, the
vessel owner or operator must meet a minimum set of conditions.
(b) Conditions. Minimum conditions include:
(i) All acceptance form content in subsection
(4) of this section remains accurate;
(ii) Vessel owners or operators shall
maintain a copy of the accepted notification of treatment technology use or
waiver form for promising treatment technology use in the vessel's ballast
water management plan under WAC
220-650-030(5);
(iii) The technology is used as defined in
subsection (8) of this section for installed treatment technology;
and
(iv) The department determines
through inspections, sampling, investigations, or other methods that the
technology continues to meet, or is likely to continue to meet, ballast water
discharge performance standards under WAC
220-650-090.
(8)
Installed
treatment technology.
(a) In general.
If ballast water treatment technology used for purposes of complying with the
regulations under this subsection is installed on a vessel, maintained in good
working order and used by the vessel, the vessel may use that technology for
the shortest of:
(i) Federal
requirements;
(ii) The life of the
vessel on which the technology is used; or
(iii) The manufacturer's equipment life
specifications.
(b)
Incremental improvements. Vessel owners and operators are encouraged to
incrementally improve installed treatment technology to meet higher discharge
performance standards and reduce the risk of introducing nonindigenous species.
The expectation is these improvements would take advantage of regular
maintenance and upgrade schedules.
(c) Record or log book. All information
regarding compliance with this subsection must be recorded in the vessel's
ballast water record or log book per WAC
220-650-030(6).
(9)
Other laws.
Nothing in these rules or laws authorizes the discharge of other pollutants or
assures that the technology is safe to operate or that it meets other state,
federal, and international laws governing business, marine applications, or
other elements.
Statutory Authority:
RCW
77.12.047,
77.120.030,
77.120.040, and
77.120.070. 09-14-052 (Order
09-110), §
220-150-060, filed 6/25/09,
effective 7/26/09.
