Or. Admin. Code § 340-143-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 340-143-0010 - Ballast Water Management: Discharge Prohibitions

(1) Vessels may not discharge ballast water containing oil or hazardous material into waters of the state.

(2) Vessels may not discharge ballast water into waters of the state unless:

(a) The vessel discharges ballast water only at the same location where the ballast water originated, provided that the master, operator or person in charge of the vessel can demonstrate compliance with section (3) of this rule or that the ballast water to be discharged was not mixed with ballast water or sediment from an area other than open sea waters. For purposes of this subsection, "same location" means an area within one nautical mile of the berth or within the recognized breakwater of an Oregon port or place, at which the ballast water to be discharged was loaded;

(b) The owner or operator of the vessel conducted proper ballast water exchange management practices before entering waters of the state, as follows:

(A) The vessel conducted an open sea exchange for ballast tanks containing water sourced outside the Exclusive Economic Zone; or

(B) The vessel conducted a coastal ocean exchange for ballast tanks containing water sourced from a port within the Pacific Coast Region of North America;

(c) The vessel obtained the ballast water solely from open sea waters that are no less than 200 nautical miles from any shore and where water depth exceeds 2,000 meters;

(d) The ballast water originated solely from the common waters zone, as defined by OAR 340-143-0005(2);

(e) The ballast water originated solely from municipal or treated drinking water sources and is not mixed with ballast water obtained from areas other than open sea waters;

(f) The ballast water had been managed using a shipboard treatment system that meets the certification and discharge standards set forth in OAR 340-143-0050; or

(g) The vessel owner or operator has declared a safety exemption as described under OAR 340-143-0040(2).

(3) Vessels may not use empty ballast tanks that contain unpumpable residual ballast water for ballasting and subsequent deballasting within waters of the state unless the residual ballast water has salinity greater than or equal to 30 parts per thousand at the time of entering state waters. Vessel operators that are unable to verify the salinity of the residual ballast water before entering state waters must conduct a saltwater flush of empty ballast tank(s):

(a) At least 200 nautical miles from any shore for tank(s) containing water sourced outside the Exclusive Economic Zone; or

(b) At least 50 nautical miles from shore and in waters at least 200 meters deep for tank(s) containing water sourced within the Pacific Coast Region of North America.

Or. Admin. Code § 340-143-0010

DEQ 17-2002, f. 11-1-02, cert. ef. 12-1-02; DEQ 4-2011, f. & cert. ef. 3-17-11; DEQ 4-2017, f. 1-19-17, cert. ef.3/1/2017; DEQ 21-2023, minor correction filed 11/20/2023, effective 11/20/2023

Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640

Statutes/Other Implemented: ORS 783.620 - 783.640