Invasive Species Risk Grows as EPA Exempts Great Lakes Vessels from Regulation

Great Lakes Frieghter Under the Blue Water BridgePhoto byUnsplash+

Exemption for Existing Lakers Sparks Backlash as Environmentalists Warn of Long-term Harm to Great Lakes Ecosystems

Environmental Groups Criticize EPA's Ballast Water Rule for Lax Protection of the Great Lakes

The U.S. Environmental Protection Agency (EPA) has come under fire for its recently finalized Vessel Incidental Discharge Act (VIDA) rule, which critics say falls short of protecting the Great Lakes from the threat of aquatic invasive species. Environmental groups argue that by exempting existing "Lakers"—vessels that operate solely within the Great Lakes—from ballast water treatment regulations, the EPA is allowing a major source of potential ecological damage to persist unchecked.

Ballast water, which ships take on and discharge to maintain stability, is a significant carrier of invasive species. In the Great Lakes, where Lakers account for over 95% of ballast water transfers, this is a pressing concern. However, the EPA’s new rule, signed on September 20th, exempts these vessels from treatment requirements, mandating only that newly constructed Lakers—built after 2026—comply with these standards. In contrast, Canada has imposed stricter rules, requiring all ships, including existing Lakers, to install ballast water treatment systems by 2030.

“Permanent Class of Polluting Vessels” a Major Threat, Environmental Groups Say

Environmental advocates were swift to denounce the rule. Wendy Bloom, Senior Attorney at the Environmental Law & Policy Center, argued that the exemption could lead to long-lasting harm. “The rule’s exemption for existing Lakers risks creating a permanent class of polluting vessels that will cause damage to our Great Lakes from invasive species for many years to come,” Bloom said, drawing parallels to the ongoing impact of outdated, highly polluting coal plants.

The Alliance for the Great Lakes echoed these concerns. Molly M. Flanagan, the group’s Chief Operating Officer, warned that the rule diverges from the shipping industry's call for uniform regulations across the U.S. and Canada. “Exempting existing Lakers carves out this class of ship from regulation and puts the Great Lakes at risk,” she stated, noting the region's obligation to prevent further ecological harm from invasive species that have already wreaked havoc.

Ongoing Risks to Fisheries, Economy, and Local Communities

Invasive species introduced via ballast water have devastated fisheries and ecosystems across the Great Lakes, and the new rule, many argue, will only exacerbate the problem. Marc Smith, Great Lakes Policy Director for the National Wildlife Federation, emphasized the dangers posed by this decision. “By exempting Lakers, the EPA fails to protect water quality and leaves the door open for future harm to our fisheries, economy, and way of life,” he said.

The issue is particularly pressing for communities such as Duluth-Superior, North America’s largest inland port, where 85% of the region’s ballast water discharges occur. Steve Morse, Executive Director of the Minnesota Environmental Partnership, highlighted the detrimental impact the EPA’s rule could have on local fisheries and livelihoods. “Over the last forty years, many harmful aquatic invasive species have come to the Duluth Harbor in ballast water. This exemption will allow existing Lakers to dump untreated ballast water for decades to come,” Morse said. He described it as a dangerous game of “Russian Roulette,” noting that the port had already seen the arrival of the invasive bloody red shrimp in 2018.

Long-term Consequences for the Great Lakes Ecosystem

The EPA’s new ballast water rule represents a critical moment for the future health of the Great Lakes, which supply drinking water to over 40 million people and support a multibillion-dollar fishing industry. Without more stringent protections, environmentalists fear that invasive species will continue to spread, further degrading the lakes' fragile ecosystems. Advocates are calling for the EPA to strengthen its standards and apply them to all vessels, not just new Lakers.

As the debate continues, one thing is clear: the health of the Great Lakes hangs in the balance.

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