About the Author
oil discovered into compliance. As evidenced by the strenuous efforts of the Singapore Maritime and Port Authority (MPA), maintaining the integrity of the bunker fuel supply system is not a cake-walk. It will require constant vigilance. It is expected that in the United States much of the detailed grunt work involved will be delegated to one or more private entities, but actual enforcement will remain with either the EPA or the Coast Guard.
Availability of compliant fuels
and implemented by the two nations. There is even the possibility that implementation of this ECA will lead to a flurry of petitions by other nations and regional groups of nations for additional ECAs.
Dennis L. Bryant, Maritime Regulatory Consulting, Gainesville, FL Tel: 352 692 5493 Email: dennis.bryant@gmail.com
Due to the widespread use of low-sulphur diesel fuel in the United States and Canada, there should be few problems with availability of ECA-compliant marine diesel fuel. Availability of other ECA-compliant marine fuels, though, may be more problematic. The other problem for ship operators is that the ECA-compliant fuel must, in many instances, be obtained prior to sailing for a US or Canadian port. After all, the obligation to utilize the low-sulphur oil will arise when the ship comes within 200 nautical miles of the US or Canada, and remains in effect until the ship is at least 200 nautical miles off the coast. Numerous ships come to the US and Canada from ports all over the world. It is unclear whether ECA-compliant fuel is readily available in all these ports. Query whether ships will be required to carry ECA-compliant fuel at all times so as to be continually available to call in the US and Canada in the event of a last-minute diversion. Returning to the bunker supplier issue, it is unclear whether bunker suppliers in the US and Canada have yet fully implemented the internal procedures required by MARPOL Annex VI. Provision of bunker samples and bunker delivery notes is not rocket science, but full compliance with Annex VI involves a higher level of attention to detail than past practice. Again, the experience of Singapore provides valuable lessons.
Summary
The petition of the United States and Canada to establish an ECA was not unexpected. The speed with which the petition was submitted and its breadth were somewhat surprising. It will require diligence by all involved: the US and Canadian enforcement agencies (and any delegates), the ship operators, and the bunker suppliers. There will be inevitable hiccups and missteps along the way, but there is little doubt that the new ECA will be approved by the IMO
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