COLUMN
GOVERNMENT UPDATE
The statute, which amends the Act to Prevent Pollution from Ships (APPS), divides responsibilities and enforcement authorities between the Environmental Protection Agency (EPA) and the US Coast Guard. The legislation does not
designate which agency is in charge of the ECA program, but does state that the Annex VI requirements apply to a ship that is bound for, or departing from, a port, shipyard, offshore terminal, or the internal waters of the United States, and
is in (among other places) "an emission control area designated pursuant to section 4 [of APPS]."
Who's in charge?
While neither the Coast Guard nor the
Environmental Protection Agency (EPA) have promulgated air emission control regulations, the Coast Guard has issued guidelines for ensuring compliance with Annex VI. The USCG guidelines include provisions for checking compliance by US-flag vessels with ECA requirements worldwide. The guidelines also include provisions for checking foreign-flag compliance "when the United States establishes SECAs". Use of the word "when" rather than "if" is noteworthy because the guidelines predated the petition. The compliance checks for both domestic and foreign vessels includes bunker samples, bunker delivery notes, and (if fitted) exhaust cleaning technology.
Regulating bunkering companies
It is currently unclear which of the two US agencies will enforce the MARPOL Annex VI requirements applicable to bunker suppliers in the United States. Enforcement authority in Canada is also unclear. Annex VI provides, in pertinent part, that Parties thereto undertake to ensure that appropriate authorities designated by them: � Maintain a register of local suppliers of fuel oil; � Require local suppliers to provide the bunker delivery note and sample as required, certified by the supplier that the fuel oil meets the requirements of the regulations; � Require local suppliers to retain a copy of the bunker delivery note for at least three years for inspection and verification by the port State as necessary; � Take action as appropriate against fuel oil suppliers that have been found to deliver fuel oil that does not comply with that stated on the bunker delivery note; � Inform the flag Administration of any ship receiving fuel oil found to be non-compliant with the requirements of Annex VI; � Inform the IMO of all cases where fuel oil suppliers have failed to meet the requirements specified in Annex VI; � In connection with port state inspections carried out by the Party, that Party undertakes to inform the government of any nation under whose jurisdiction a bunker delivery note was issued of cases of delivery of non-compliant fuel oil, giving all relevant information; and � In connection with port state inspections carried out by a Party, ensure that remedial action as appropriate is taken to bring non-compliant fuel
18 Maritime Reporter & Engineering News