EPA loses suit on
ballast water
SHIPS WOULD COMPLY WITH
POLLUTION RULES
By Kellie
Schmitt
Mercury
News
Environmental groups won a major victory this week in their quest
to keep invasive organisms out of U.S. waters -- including San
Francisco Bay -- in a decision that will force ships to comply with
the Clean Water Act when they dump ballast water.
A federal judge in San Francisco ruled that the Environmental
Protection Agency can't exempt ship operators when they release
ballast water -- a move that could have nationwide implications.
Under the Bush administration, the agency had declined to intervene,
saying the Coast Guard was a more appropriate enforcement arm. The
agency will decide within a month or two whether to appeal.
``This will hopefully be a landmark decision that will
dramatically reduce the introduction of invasive species into U.S.
waters,'' said Warner Chabot, the San Francisco-based vice president
of the Ocean Conservancy, one of the plaintiffs in the case.
Costly problem
Ships take on the extra water to improve stability, but it can
bring along foreign critters that can kill native species and
disrupt habitats when it's unloaded. If the decision is upheld,
ships can be regulated under the federal Clean Water Act as a source
of pollutants, much like factories and sewage plants. It's not clear
exactly what ships might have to do differently; one option would be
to have ships release their ballast water while in the open sea.
The cost of combating the ship stowaways -- which include the
Asian clam, European green crab and the New Zealand sea slug -- runs
in the billions of dollars each year. Locally, San Francisco Bay has
more than 200 non-native plant and animal species, many of which
don't have natural predators. The tiny tagalongs kill native
species, clog water pipes and disrupt the food chain.
It's hard to reverse the damage, but environmentalists are
optimistic the ruling will prevent future invasions and slow the
rate at which new species are established. They estimate a new
species becomes established in San Francisco Bay about every 14
weeks.
``This is a stunning victory -- the bay-delta-estuary is a poster
child for the harm caused by invasive species,'' said Leo O'Brien,
executive director of BayKeeper, a plaintiff in the case. ``It's a
big enough issue that it will be appealed, but we're confident we'll
prevail.''
Tough to enforce
The EPA had previously held that dumping the ballast did not fall
under the category of discharging pollutants because it's part of
the normal operation of a vessel, said Alexis Strauss, a water
division director in San Francisco. ``It looks like EPA's argument
has failed here, and we'll have to figure out what to do,'' Strauss
said.
The Pacific Merchant Shipping Association, a trade association
that represents more than 50 shipping lines on the West Coast, eyed
the decision with interest, but spokesman John Berge said the
practical implications won't be clear until the EPA sets rules.
Already, some states have laws requiring ships to exchange their
water en route from international ports, but this move would apply
nationwide, as well as to interstate traffic and moves within the
state's ports.
But regulations could be hard to pin down, Berge pointed out.
``Because ships are mobile, it's difficult to tell what's in the
ballast and what level of pollutant is in it,'' Berge said. ``The
permit process to regulate it might be a quandary.''
The judge ordered all the parties to meet for a conference on
April 15 to discuss future proceedings.
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