Action Alert -- CWA --Bill Would Exempt Ballast Water

ACTION ALERT

from

NEW YORK RIVERS UNITED
July 21, 2005




Bill Would Exempt Ballast Water Pollution From The Clean Water Act


HELP!!!
A bill is quickly gaining momentum on Capitol Hill that exempts ballast
water pollution from the Clean Water Act (CWA) and would preempt current and
future efforts by states to prevent the spread of aquatic invasive species
and limit other pollution from ballast water from ships. This bill, S. 363,
is scheduled for action this Thursday (July 21, 2005) in the Senate Commerce
Committee.

Please contact your Senators today, especially if they are on the Commerce
Committee (or the Environment and Public Works Committee) and ask them to
oppose S. 363, The Ballast Water Management Act of 2005, in its present
form. A list of the members on the Commerce and EPW committees is below.

TELL ME MORE!!

The Ballast Water Management Act of 2005 (S. 363) would exempt ballast water
discharges from the CWA and preempt state authority in favor of a weak
federal program run by the U.S. Coast Guard to address the spread of
invasive species by ships‚ ballast water.

Section (3)(r) of S. 363 of the July 1, 2005 draft of the bill would exempt
the discharge of pollutants (including invasive species) from ballast water
from regulation under the Clean Water Act. Exemption of any pollutants or
activities from the Clean Water Act is a direct assault on the Act itself
and must be stricken from the bill. The exemption of any pollutant or
activity from the Act is a dangerous precedent.

In March 2005, the U.S. District Court for the Northern District of
California issued an order agreeing with several environmental groups and
several Great Lakes States Attorneys General that ballast water discharges
are subject to the Clean Water Act. The court ordered EPA to repeal an
illegal rule it had adopted that said EPA did not have to regulate these
discharges. .

The swift pace of S. 363 answers industry‚s desire to overturn this ruling
by Congressional action to supercede Clean Water Act authority and avoid
compliance with the impending court order outlining the timeline for
expected EPA action due this Fall. See, Northwest Environmental Advocates
et. al. vs. U.S. EPA, No. C. 03-05760 SI (March 20,2005).

Thus, S. 363 appeases the shipping industry at the expense of our nation‚s
waters and the states, people, and economies that rely upon them.

TAKE ACTION
Call and email your Senators urging them to oppose S. 363. Our waters and
communities deserve better! All Senators‚ offices can be reached by
contacting the Capitol switchboard at 202-224-3121.

Top priority: contact Senators on the Commerce Committee, which will be
marking up S. 363 this Thursday (July 21st), and the Environment and Public
Works Committee, which has jurisdiction over the Clean Water Act.

TALKING POINTS

THE CLEAN WATER ACT EXEMPTION MUST BE STRICKEN FROM THE BILL.

S. 363 would undermine the core of the Clean Water Act by exempting an
entire class of discharges with no equivalent backstop of protection,
creating a real and grave threat to the health of coastal waters, the Great
Lakes, and other waters across the country.

Exempting ballast water pollution from the Clean Water Act would also be a
clear blow in favor of gravely weakening the Clean Water Act itself ,
allowing an industry to create its own exceptions to the law in favor of
weaker, voluntary programs.

Ships‚ ballast water discharges are currently the major vectors of invasive
aquatic species into the Great Lakes and other aquatic ecosystems throughout
the country.

S. 363 ignores the essential backstop protections that the Clean Water Act
provides to ensure our waters stay healthy and usable. For example, the
Clean Water Act contains provisions specifically protecting waters from
degradation. If waters do become significantly degraded, including the
presence of or impacts caused by invasive species, the Act provides a
process for cleaning those waters up.

THE STATE PREEMPTION PROVISION MUST BE STRICKEN FROM THE BILL.

S. 363 also contains a vague proposal to exempt sound state programs to
manage ballast water. The proposed exemption language will ensure that
states will be effectively prevented from mounting a serious defense to the
onslaught of economic and environmental damage caused by invasive species in
their communities.

Frustrated with the lack of federal action, many states are currently moving
forward to implement and enforce requirements that ships treat their ballast
for invasive species. S. 363 would undercut these efforts by preempting the
ability of states to take action and would delay ballast water treatment
until S. 363 standards are implemented, which will take over a decade or
more.



DEMOCRATS

Frank Lautenberg - New Jersey**
202-224-3224


** Also on EPW Committee

SENATE ENVIRONMENT AND PUBLIC WORKS COMMITTEE (EPW) -- Tell these Senators you oppose S. 363 in its present form AND that it is the Environment
Committee NOT the Commerce Committee that has jurisdiction over the Clean
Water Act and should stop the Commerce Committee from carving loopholes in
to the nation’s most important water law.
.


DEMOCRATS/INDEPENDENT

Clinton, Hillary (NY)
202-224-4451
Lautenberg, Frank (NJ)
202-224-3224