Oregon Ballast Water Program Rian v. Hooff Department of Environmental Quality Portland, Oregon Pacific Ballast Water Group Meeting April 2014 Portland, OR

Oregon Ballast Water Program 2  Regulations established in 2001  Significant amendments in 2005, 2009 & 2011  Program funding:  Initial funding level of 1.0 FTE (2007) was increased to 1.5 FTE following implementation of new fee in  Supported by 50/50 cost share between fee revenue and GF allocation.  Program activities include;  Monitoring of vessel arrivals and pre-arrival reporting compliance  Outreach & technical support  Vessel inspections & compliance verification sampling  Enforcement actions  Policy development & stakeholder engagement  Program development guided by the Oregon Task Force on Shipping Transport of AIS

Oregon Ballast Water Program 3 Statutory Requirements (ORS ; )  Regulated Vessels:  > 300 gross tons equipped with ballast tanks.  Reporting of Ballast Management:  at least 24 hours prior to entering waters of the state.  Management requirements for discharged ballast:  Mid-Ocean Exchange (tanks sourced from ports outside EEZ), or  Coastal Ocean Exchange (tanks sourced from PCR ports), or  USCG approved treatment.  Exemptions  Common Waters (40 ⁰ N – 50 ⁰ N of NE Pacific coastal zone)  Vessel or Crew Safety  Penalty Issuance Authority  Civil and Criminal: up to $25,000 penalty per violation

65% arrivals from foreign ports; 10% from Pacific Coastal Zone; 25% from common waters zone 97% Col. R. 3% Coos Bay 65% arrivals from foreign ports; 10% from Pacific Coastal Zone; 25% from common waters zone 97% Col. R. 3% Coos Bay Vessel Arrival Trends (Qualifying Voyages per year: ) 4

Reports filed for 99.7% of arrivals in 2013 BW Reporting Compliance 5

BWM Behavior (per arrival) (2013: n= 1560) 61% of Oregon arrivals discharge ballast in state waters

Ballast Water Management – per arrival (2012/13: n= 2589) Last Port of Call CW ZoneCoastwiseTransoceanic “Repeat Arrivals“ 1 st Time Arrivals to OR -within 3 yrs (34% overall) n=130 19% n=47 29% n=576 67% 9% n=592 n=263n=981 18%26% 69% 6%

Ballast Water Discharge Trends (Total Volume: ) Million m3 discharged to Oregon waters in 2013 About 50% of CR discharge occurs at WA side facilities

Ballast Water Discharge Characteristic (Vessel Type and Source Location) 9 Vessel Type: Arrival Composition vs. Proportion of BWD Original Source Location: 86% of discharge was originally sourced from East Asian waters 59% 88%

85% of discharged ballast managed via mid-ocean exchange (MOE) Discharge Characteristics – Mngmt Status ( as reported) 10

Inspection Activities 11 Average Monthly Boarding Rate: Pre % Recent – 16%

Vessel Boarding 1. Outreach & Technical Service 2. Audit of Shipboard Records 3. Compliance Verification via Sampling of Ballast water salinity 4. Assist with Corrective Action Vessel Boarding 1. Outreach & Technical Service 2. Audit of Shipboard Records 3. Compliance Verification via Sampling of Ballast water salinity 4. Assist with Corrective Action Vessel Inspections & Compliance Verification 12 n = 201

4x increase in inspections = 4x increase in non- compliance detection 4x increase in inspections = 4x increase in non- compliance detection Inspection Effort vs. Non-Compliance 13 Inspection Rate Non-Compliance Detection Response to Inspection Effort? Photo credit: B. Bjorndal

Enforcement Actions (number per month) 14 Enforcement Guidance Policies initiated beginning January 2013

Enforcement Actions Enforcement Actions commenced January 2013 Enforcement Action# issued (2013)Penalty Amount (total) Warning Letters 76N/A Expedited Enforcement Offers (Field Ticket) 23$19,750 Formal Enforcement Action 1$3,500

Penalty Administrative Rule Changes (effective January 2014)  Violation classifications ( )  Base Penalty Determination ( )  Enforcement Guidance Policies under revision (anticipated completion Sep 2014) BWM ViolationsPrior FEA*New FEA*Prior EEONew EEO Class I - Non-compliant discharge; - Failing to report; - Failure to follow BWMP or maintain BW handling log. $625 - $2,500 $ 3,000 - $12,000 $500$2,400 Class II - Late reporting; - Failure to maintain BW handling log. $300 - $,1,200 $1,500 - $6,000 $250$1,200 16

OR Task Force on Shipping Transport of Aquatic Invasive Species ( 17  Stakeholder advisory group established by the Legislature and facilitated by DEQ  Report with recommendations for the 2015 Legislature due June 2014.

2014 Oregon STAIS Task Force Recommendations Agency Policy:  Enhance risk-based prioritization of vessel inspections.  Monitor bio-fouling management and in-water cleaning regulatory developments in other jurisdictions.  Support NIS survey efforts for Oregon waterways. Legislative Action:  Fee Increase  Distribution of penalty funds.  Salt-water flushing of ‘empty’ tanks for NOBOB vessels.  BWE +BWT for highest-risk vessels (i.e. low salinity source waters). 18

2014 Oregon STAIS Task Force Recommendations Exchange + Treatment:  Purpose  Rationale  IMO vs Phase II (i.e. CA BWDS)  Research supports efficacy of BWE+BWT  Uncertain roll out of new paradigm  EPA Vessel General Permit  Key Elements of the proposal  Exemptions, where appropriate  Contingency provisions  Interim strategy 19

Oregon Ballast Water Management Program 20 Contact Info: (503) webpage: Questions or Comments? Photo credit: B. Bjorndal

Non-Compliant BWM Characteristics 21 Source Port BW from China and South Korea have a greater non- compliance rate per unit discharge than Japan or PCR Vessel Type

OR Ballast Management Characteristic (Arrivals/Discharge) 22 Values are for all QV’s under Oregon Law (Vessel operations on WA shore account for about 30% of total arrivals and 50% of total discharge) Year ArrivalsDischarge (m 3 ) Arrivals That Discharge (%) Compliance (%) Total Trans- oceanic CoastalCWTotal Trans- oceanic CoastalCWReportingBWM* %12%24%8,197,65091%4%2%55% 93.8% %13%25% 8,598,93493%4%2%56% 98.0%95% %12%22% 10,758,85393%3%2%62% 97.3%96% %12%20% 10,960,80590%4%2%59% 99.4%96% %12%25% 11,387,86889%4%3%60% 99.4%94% %9%29% 11,737,84289%4%5%61% 99.7%91%

Shipping Trends & Ballast Water Management First Time Arrivals to Oregon (2011) 34% arrivals are first timers to OR Of the first time arrivals; 72% are bulk carrier vessels