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Regional Requirements
Not every country has adopted the convention and it is not national law. However, some states have implemented their regulations or added additional requirements that go beyond the convention. In 2019 Lloyd's Register did a compilation of the countries that have chosen to implement regional regulations on Ballast Water Management.
Questions that frequently arise from various countries (who are part of the convention and those who are still to join) have been answered by the IMO in the attached document.
The U.S. Coast Guard
Beyond the IMO regulations, the U.S. Coast Guard, USCG, demands additional requirements for ships calling at U.S. ports and intending to discharge ballast water. U.S. legislation requires the ballast water treatment system (BWTS) to be type-approved by the USCG, and in August 2020, 33 BWMS has been approved by the USCG.
The regulation requires that all vessels must schedule the installation of type-approved BWTS for their next upcoming dry-docking. Newly built ships, after this date must have a BWTS installed at delivery. The USCG states that: Ships must manage their ballast water by following treatment methods and good practices:
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Performing Ballast Water Treatment, through the installation and operation of an approved Ballast Water Treatment System (BWTS),
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Performing Ballast Water Exchange in specific areas (200 miles from shore),
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Avoiding or minimising ballast water movements in risky or preserved areas,
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Cleaning regularly ballast tanks to remove sediments, rinsing anchors and chains, and removing fouling from hull and piping,
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Maintaining an approved Ballast Water Management Plan, as well as the written records of ballast water movements (uptake, transfer, discharge),
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Submitting vessel and ballast water management information to USCG before arrival in U.S. harbours.
The United States does not recognise BWM Convention certificates as equal to the USCG requirements. Ships discharging ballast water in U.S. waters must comply with these requirements and have all necessary certificates. If BWE is impossible due to extraordinary conditions and still intends to discharge ballast water into the United States waters. In that case, there must be a request for permission from the Captain of the Port (COTP). The COTP will then specify where and when the exchange can take place. If the equipment stops operating properly during a voyage or the vessel's BWM method is unexpectedly unavailable, the person in charge of the ship must report this to the COTP as soon as possible.
More information about the U.S.'s regulations can be found on the USCG webpage as well as in the attached PDF.