Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-060 - Temporary compliance plans and alternative strategies

Current through Register Vol. 24-14, July 15, 2024
(1)
In general.
The department
				may require a vessel owner or operator to submit a temporary compliance plan or
				a temporary alternative strategy to bring its vessel into compliance with state
				ballast water management law. Temporary compliance plans and alternative
				strategies are only utilized when it is not feasible to otherwise comply with
				regulatory requirements, and then, only for the minimum time necessary to bring
				a vessel into compliance. If the department approves, at its sole discretion, a
				compliance plan or alternative strategy, the department will issue a formal
				waiver exempting the vessel owner or operator from specified provisions in
				these rules for a specified period of time, not to exceed two years from the
				approval date of the waiver, to allow the vessel owner or operator to implement
				corrective action to bring the vessel into full compliance with the statute and
				rules. Forms and guidance may be adopted by department policy to assist in the
				implementation of this subsection.
(2)
Compliance plan.
A temporary
				compliance plan describes how the vessel owner or operator plans to correct
				vessel equipment problems causing ballast water or sediment discharges that are
				not in compliance with state law. These temporary compliance plans are
				generally related to vessels that claim safety exemptions for design
				limitations or equipment failure, and vessels that are listed as carrying high
				risk ballast water and require accelerated implementation of WAC
				220-650-090
				to meet the state discharge performance standard. At a minimum, a temporary
				compliance plan will document the responsible vessel representative, objectives
				and expectations, scope of work to be performed, tasks to be completed by
				timeline, any deliverables, interim ballast water and sediment management plan,
				reporting requirements, and the total time period for which a waiver is
				requested, up to two years. Additional information may be required by the
				department on a case-by-case basis. An extension of the plan beyond two years
				may be granted by the department in its sole discretion.
(3)
Alternative strategy.
A
				temporary alternative strategy describes how the vessel owner or operator plans
				to conduct ballast management operations to sufficiently reduce the risk of
				introducing nonindigenous species into waters of the state to a level
				determined acceptable by the department. These temporary alternative strategies
				are generally related to vessels that cannot otherwise meet the full regulatory
				requirements due to extenuating circumstances. At a minimum, a temporary
				alternative strategy will document the responsible vessel owner or operator,
				objectives and expectations, scope of actions to be performed, tasks to be
				completed by timeline, any deliverables or reporting requirements, and the
				total time period for which a waiver is requested, not to exceed two years.
				Additional information may be required by the department on a case-by-case
				basis. An extension of the strategy beyond two years may be granted by the
				department, in its sole discretion.
(4)
Submission.
To seek a waiver
				of specified rules, a vessel owner or operator shall submit to the department a
				completed and signed temporary compliance plan or temporary alternative
				strategy at their convenience if not required by the department, or within
				sixty days of department notice under either WAC
				220-650-030
				or
				220-650-050,
				to avoid being in violation of these rules. Additional time may be allowed on a
				case-by-case basis. The department will notify the ballast water work group
				when a submission has been received and provide a copy if requested.
(5)
Review and approval.
The
				department will review a vessel's proposed temporary compliance plan or
				alternative strategy within sixty days of receipt, for completeness and
				suitability in accomplishing objectives. The department will then make one of
				the following determinations:
(a) Approval -
				the compliance plan or alternative strategy is acceptable for the period of
				time noted in the document. The department will then return the approved plan
				or strategy to the vessel owner or operator, attached to a waiver signed by the
				department;
(b) Incomplete - the
				document will be returned to the vessel owner or operator for revision or
				additional information under the original sixty-day review timeline unless
				otherwise extended; or
(c) Deny
				approval - the department determines, in its sole discretion, that the document
				is not suitable for meeting its regulatory objectives. The department may also
				deny the request if the parties do not come to agreement on an acceptable plan
				or strategy within sixty days of receipt of the plan by the department, unless
				such time frame is extended by the department in its sole discretion.