On March 3rd, 2022, the Commandant released a final Policy Letter 02-22: Type-Approval Testing Methods for Ballast Water Management Systems That Render Organisms Nonviable in Ballast Water. In this policy letter, the Coast Guard developed a framework for a best available science evaluation process to assess the acceptability of viability testing methods for use in Ballast Water Management Systems type-approval. Following the process described in this Policy Letter, stakeholders may submit proposed testing methods based on viability, and the Coast Guard will decide whether one or more methods are acceptable after collecting and evaluating the available supporting science. This Policy Letter is posted to USCG-2019-0477. A categorical exclusion was completed for this policy letter.
Follow-on activities to this Policy Letter, if testing methods are submitted, would include the possibility of USCG acceptance of a viability testing method to be used for type approval of a ballast water management system (BWMS) based upon viability. Acceptance of a viability testing method(s), if it occurs, would be Federal action that would trigger review under the National Environmental Policy Act (NEPA). Due to the potential for significant impacts, nationwide scope and other factors, a Programmatic Environmental Impact Statement (EIS) is being completed regarding the potential for USCG to accept a viability testing method that would be used for type approval of BWMS based upon viability. The Coast Guard encourages public input on possible environmental impacts of this Federal action. Public meetings (virtual) are scheduled and further information on dates, times and registration information can be found within the Notice of Intent to Prepare a Programmatic Environmental Impact Statement and Hold Scoping Meetings, published in the Federal Register on August 08, 2024. USCG-2024-0501.