Accepting the MPN Method is Consistent with the USCG’s Public Representations, and will Promote Innovation and Competition
The USCG publicly committed to consider alternative test methods to determine “viability” of organisms treated by UV-based ballast water management systems. In a USCG presentation given in July 2015, it was noted that “Systems tested using ‘viability’ analyses rather than live/dead methods may or may not meet Coast Guard requirements. Coast Guard is working with UV manufacturers, the EPA-ETV Program, and other stakeholders to evaluate potential methods for assessing the effectiveness of UV in rendering organisms in ballast water non-viable.”
In effort to introduce innovative and “green” technology with desirable characteristics for the shipping industry, UV-based ballast water management system suppliers have collectively invested more than one hundred million dollars. In addition to rendering these efforts futile, if the USCG does not accept an applicable and practicable alternative test to evaluate UV-based ballast water management systems, competition will be stymied by the elimination of roughly half of the system suppliers.