OAR 340-143-0040: Ballast Water Management: Emergency Management Alternatives for Vessel’s Declaring Safety Exemption Discharge of High-Risk Ballast Water

(1) Unexchanged or untreated ballast water may not be discharged into waters of the state without DEQ review and authorization. This is to provide DEQ with sufficient time to determine whether ballast water proposed for discharge represents a high-risk for introduction of nonindigenous species and whether or not feasible management alternatives are available to minimize that risk and protect waters of the state. (2) Vessel owners or operators requesting safety exemptions under ORS 783.635 (2)(b) must file a ballast water reporting form clearly identifying the request, and provide sufficient additional information for DEQ to evaluate the request and determine whether an emergency ballast water management alternative is warranted. (a) Reporting Requirements. Vessel operators requesting a safety exemption must notify DEQ of their intent on the ballast water reporting form required under ORS 783.640. 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." (A) Vessel operators may rescind a safety exemption claim by filing an amended ballast water reporting form and notifying DEQ as required in this section. (B) Vessel operators using treatment technologies and claiming a safety exemption due to equipment failure must conduct an open sea exchange or explain why that was not possible. (b) Discharge authorization requirement. A vessel owner or operator shall not discharge untreated or unexchanged ballast water without DEQ authorization, except: (A) Where discharging is necessary to prevent jeopardy to the vessel, crew or passengers, or (B) For safety exemption discharges from unmanned barges, in which case DEQ shall review ballast water reporting form information and notify the vessel operator if further case review and discharge authorization are required, in accordance with subsection (c). (c) Case Review. DEQ will review safety exemption claims and determine whether alternative management strategies are feasible and necessary. DEQ will complete case review within 10 days of receiving safety exemption notification on the vessel’s ballast water reporting form. When it completes its safety exemption review, DEQ will notify the vessel owner or operator whether they have authorization to discharge or whether ballast water management alternatives, referenced in section (4), are required. (3) DEQ may identify high-risk ballast water from safety exemption cases using factors including but not limited to: (a) A nonindigenous species profile of source waters; (b) The volume and frequency of exchanged ballast water discharged; (c) Design limitations in vessels that prevent effective ballast exchanges; (d) Voyage characteristics within 50 nautical miles that may preclude requirements to conduct ballast exchange outside of 50 nautical miles; (e) Vessel owner or vessel operator compliance history; or (f) Frequency of vessel claims for safety exemption. (4) Alternative Management strategies options for responding to high-risk ballast water discharge. For vessels requesting authorization to discharge high-risk ballast water, DEQ shall identify one or more of the following options: (a) Conduct an open sea or coastal ocean ballast exchange after safety exemption conditions are rectified; (b) Discharge into DEQ-specified alternative waters; (c) Employ a ballast water treatment alternative using DEQ-approved methods, or using a ballast treatment system acceptable under 340-143-0050; (d) Discharge only the minimum amount necessary to complete a safe operation; or (e) Retain all ballast water on-board. (5) Alternative Discharge Areas. DEQ, in consultation with the U.S. Coast Guard and the state of Washington, when applicable, may identify alternative locations for the discharge of unexchanged or untreated ballast water. (6) Safety. Nothing in this section relieves the vessel owner or operator of the responsibility for ensuring the vessel’s safety and stability or the safety of the crew and passengers.