33 CFR 151.2040: Ballast water discharge in extraordinary circumstances

Last reviewed: October 14, 2026

This section covers vessels that cannot practicably meet the ballast water management requirements of § 151.2025(a). The Coast Guard will allow limited discharge in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge. Only the amount operationally necessary for safety may be discharged, and ballast water records must be available to the COTP on request.

Applies toVessels that cannot practicably meet § 151.2025(a), and the master, owner, operator, agent, or person in charge of such a vessel.

What it says

  1. The Coast Guard will allow a vessel that cannot practicably meet § 151.2025(a) to discharge ballast water in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge, because of its voyage or because the master has identified safety or stability concerns.

    33 CFR 151.2040(a)“because the master of the vessel has identified safety or stability concerns, to discharge ballast water in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge”

  2. The Coast Guard will not allow such a discharge if the vessel must have a Coast Guard-approved BWMS under the implementation schedule in § 151.2035(b).

    33 CFR 151.2040(a)(1)“The Coast Guard will not allow such a discharge if the vessel is required to have a Coast Guard-approved ballast water management system (BWMS)”

  3. If the Coast Guard allows the discharge, the responsible person must discharge only the amount of ballast water operationally necessary to ensure the safety of the vessel for cargo operations.

    33 CFR 151.2040(a)(2)“must discharge only that amount of ballast water operationally necessary to ensure the safety of the vessel for cargo operations”

  4. Ballast water records must be made available to the local Captain of the Port (COTP) upon request.

    33 CFR 151.2040(a)(3)“Ballast water records must be made available to the local Captain of the Port (COTP) upon request.”

  5. Vessels on a voyage to the Great Lakes or the Hudson River north of the George Washington Bridge must comply with 33 CFR 151.1515.

    33 CFR 151.2040(a)(4)“Vessels on a voyage to the Great Lakes or the Hudson River north of the George Washington Bridge must comply with the requirements of 33 CFR 151.1515.”

  6. If the installed BWMS stops operating properly or the BWM method is unexpectedly unavailable, the person directing the vessel's movement must ensure the problem is reported to the nearest COTP or District Commander as soon as practicable.

    33 CFR 151.2040(b)“the person directing the movement of the vessel must ensure that the problem is reported to the nearest COTP or District Commander as soon as practicable”

  7. The Coast Guard will normally allow a vessel with an inoperable BWMS or unavailable BWM method to use one of the other BWM methods listed in § 151.2025(a).

    33 CFR 151.2040(b)(1)“to employ one of the other ballast water management (BWM) methods listed in § 151.2025(a) of this subpart”

  8. This subpart does not relieve the master, owner, operator, agent, or person in charge of any responsibility, including vessel safety and stability and the safety of crew and passengers.

    33 CFR 151.2040(c)“Nothing in this subpart relieves the master, owner, operator, agent, or person in charge of a vessel of any responsibility”

Common questions

Can a vessel continue to its next port if its ballast water treatment system breaks down?

Yes. The vessel may continue to the next port of call, subject to the directions of the COTP or District Commander, as provided by part 160 of this chapter.

“The vessel may continue to the next port of call, subject to the directions of the COTP or District Commander, as provided by part 160 of this chapter.”

How much ballast water can a vessel discharge in extraordinary circumstances?

Only the amount operationally necessary to ensure the safety of the vessel for cargo operations. Paragraph (b)(3) adds safety and stability.

“must discharge only that amount of ballast water operationally necessary to ensure the safety of the vessel for cargo operations”

Who must be able to see ballast water records under this section?

Ballast water records must be made available to the local COTP upon request.

“Ballast water records must be made available to the local COTP upon request.”

The text of 33 CFR 151.2040

Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR

Discharge of ballast water in extraordinary circumstances

(a) The Coast Guard will allow the master, owner, operator, agent, or person in charge of a vessel that cannot practicably meet the requirements of § 151.2025(a) of this subpart, either because its voyage does not take it into waters 200 nautical miles or greater from any shore for a sufficient length of time and the vessel retains ballast water onboard or because the master of the vessel has identified safety or stability concerns, to discharge ballast water in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge.

(1) The Coast Guard will not allow such a discharge if the vessel is required to have a Coast Guard-approved ballast water management system (BWMS) per the implementation schedule found in § 151.2035(b) of this subpart.

(2) If the Coast Guard allows the discharge of ballast water as described in paragraph (a) of this section, the master, owner, operator, agent, or person in charge of the vessel must discharge only that amount of ballast water operationally necessary to ensure the safety of the vessel for cargo operations.

(3) Ballast water records must be made available to the local Captain of the Port (COTP) upon request.

(4) Vessels on a voyage to the Great Lakes or the Hudson River north of the George Washington Bridge must comply with the requirements of 33 CFR 151.1515.

(b) If the installed BWMS required by this subpart stops operating properly during a voyage, or the vessel's BWM method is unexpectedly unavailable, the person directing the movement of the vessel must ensure that the problem is reported to the nearest COTP or District Commander as soon as practicable. The vessel may continue to the next port of call, subject to the directions of the COTP or District Commander, as provided by part 160 of this chapter.

(1) The Coast Guard will normally allow a vessel that cannot practicably meet the requirements of § 151.2025(a)(1) of this subpart because its installed BWMS is inoperable, or the vessel's BWM method is unexpectedly unavailable, to employ one of the other ballast water management (BWM) methods listed in § 151.2025(a) of this subpart.

(2) If the master of the vessel determines that the vessel cannot employ other BWM methods due to the voyage or safety concerns listed in paragraph (a) of this section, the Coast Guard will normally allow the vessel to discharge ballast water in areas other than the Great Lakes and the Hudson River north of the George Washington Bridge.

(3) If the Coast Guard approves such an allowance, the vessel must discharge only that amount of ballast water operationally necessary to ensure the safety and stability of the vessel for cargo operations. Ballast water records must be made available to the local COTP upon request.

(c) Nothing in this subpart relieves the master, owner, operator, agent, or person in charge of a vessel of any responsibility, including ensuring the safety and stability of the vessel and the safety of the crew and passengers.

Sections it refers to

The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.