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Vessel Discharge (Ballast Water) Program
Minnesota’s Discharge PermitThe MPCA issued a ballast water discharge general permit on September 24, 2008, covering the ballast water discharges of commercial vessels that transit the Minnesota waters of Lake Superior. The permit covers both seagoing and Great Lakes-only vessels. List of Vessels With Permit CoverageThis spreadsheet contains the names of the vessels that have applied for and received coverage under the state ballast water discharge general permit:
Other information about the vessel such as its owner and operator, geographic area of service, and its ballast water capacity is also contained in the spreadsheet. Disclaimer Although the MPCA makes every attempt to ensure that the information placed on this Web site is accurate and current, this site may not contain all of the vessels issued coverage under the permit by the MPCA. All ballast water permit applications and related documents are available for inspection at the MPCA's Duluth office, located at 525 Lake Avenue South, Suite 400, Duluth, MN 55802. Permit Related Documents
OverviewThe Great Lakes water transportation industry is vitally important to Minnesota’s economy. However, ballast water discharges from oceangoing and Great Lakes-only (“laker”) vessels may contain aquatic invasive species. Aquatic invasive species compete with native species for food and habitat, alter aquatic ecosystems, and cause significant economic impact. The MPCA, working with other state, federal, tribal and international organizations, is taking steps to address this threat and intends to develop a regulatory program to control the introduction and spread of invasive species by ballast water. What are Vessel Discharges?During the normal course of ship operations, ballast water is taken on or discharged by ships to accommodate changes in the weight of the ship due to fuel loading and use, loading and unloading of cargo, and to increase the stability of a ship due to adverse weather conditions. Ballast water uptake and discharge typically occurs at port operations, but also can occur during transit between ports. Vessels also have other discharges such as deck runoff, bilge water (water that collects in the lowest part of the ship’s hull and may contain oil, grease, and other contaminants), water from water cooling and fireman systems, chain locker effluent, and gray water (waste water from showers, sinks, and kitchens). Sewage discharges from ships are currently regulated under federal rules. Of these discharges, ballast water by far is the greatest in volume. Why the Need for Control?Ballast water discharges may contain aquatic invasive species (AIS) that could survive in their new location, upsetting the local aquatic ecosystem. The Great Lakes are now home to more than 160 non-native species, with some, such as the zebra mussel and round goby, causing millions of dollars in damages. Neither federal ballast water management requirements nor shipping practices have been effective in preventing biological invasions of the Great Lakes. Additional controls are needed to prevent the introduction of new invasive species to Lake Superior.
This graphic demonstrating how ballast water
may transfer unwanted aquatic species is for illustrative purposes
only. MPCA RoleDue to the serious environmental and economic impacts of this issue and the uncertain timeframe associated with the federal regulatory strategy for vessel discharges, the MPCA has developed a regulatory program for ballast water discharges from vessels. Protecting Lake Superior from aquatic invasive species is an agency priority because of the lake’s exceptional recreational, cultural, aesthetic, and scientific resource value as an Outstanding Resource Value Water. It also helps prevent the inadvertent spread of aquatic invasive species to Minnesota lakes and rivers by boaters. MPCA ActionsSince the mid-1990s, Minnesota state government agencies, particularly the Department of Natural Resources, have been working to prevent the spread of AIS using a regional approach. In 2007, the MPCA joined with the DNR to address this issue spurred
by a Federal District Court ruling
in late 2006 that vacated federal exemptions of vessel discharges from NPDES
permitting as of September 30, 2008. See the In April 2008, Minnesota's Ramsey County District Court affirmed the MPCA's schedule for issuing a vessel discharge permit by September 30, 2008. See the Ramsey District Court decision for more information. In May 2008, the Minnesota Legislature passed S.F. 3056, which contains language related to ballast water management beginning at line 19.23. The legislation, effective on July 1, 2008, specifies requirements related to ballast water management and ballast water record books. The MPCA's general permit will reflect the requirements in the legislation. These actions help establish controls to prevent the spread of aquatic invasive species by vessels and meet the state’s pending vessel discharge regulatory strategy:
Stakeholder Involvement in Program DevelopmentThe MPCA encourages public participation in developing its vessel discharge program. Persons interested in receiving notice of meetings and updates on activities can contact listed staff. Federal Regulatory EffortsOn March 30, 2005, the Federal District Court in Northern California issued a ruling that USEPA had exceeded its statutory authority when, more than 30 years ago, the USEPA issued a regulation excluding “discharges incidental to normal operation of a vessel at 40 CFR 122.3(a)” from Clean Water Act NPDES permit requirements. On September 18, 2006, the Court issued an order vacating the regulation as of September 30, 2008. The Court delayed vacatur by two years to allow USEPA time to address the ramifications of the vacatur. USEPA challenged the decision and in July, 2008, the U.S. Court of Appeals for the Ninth District upheld the lower court’s decision declaring the earlier exemption unlawful and requiring USEPA to develop a permit program by September 30, 2008. In late August 2008, the Court granted USEPA an extension until December 19, 2008, for issuance of the permit. On December 17, 2008, the Court extended the vacatur of the vessel discharge exemption until February 6, 2009. USEPA issued a national permit on December 18, 2008. USEPA requested that the MPCA submit a Clean Water Act Section 401
certification for its proposed vessel discharge general permit. The
MPCA submitted its 401 certification to USEPA in a letter dated November
19, 2008: In 2007 and 2008, federal legislators have introduced bills to regulate ballast water. The U.S. House passed HR 2830, titled the Coast Guard Authorization for 2008. Title V of the legislation, which would be called the Ballast Water Treatment Act of 2008, establishes a “national goal that ballast water discharged into the waters of the United States will contain no living (viable) organisms by the year 2015” and a “national policy that the introduction of nonindigenous aquatic nuisance species in the waters of the United States be prohibited.” Action by the U.S. Senate is pending. Resource LinksFederal resources
State-based resources
Great Lakes resourcesOtherMore Information
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Permitted
Vessel List
Ballast
Water General Permit Application Form