1. Maritime Law Association Spring Meeting April 28-30, 2015
Delivering Legal Services
Executing the Mission
Maritime Law Association Spring Meeting
April 28-30, 2015
New York, New York

2. CAPT Patrick J. McGuire Chief, Office of Maritime & International Law
MARPOL Annex VI: Emission Control Areas Coast Guard Updates & Enforcement
Longer, expanded version
CAPT Patrick J. McGuire
Chief, Office of Maritime &
International Law

3. Overview Introduction and Standard Enforcement and US/EPA Protocols
Fuel Oil Non-Availability Reports (FONARS)
Regulations 3 & 4
Compliance Statistics

4. Emission Control Areas (ECA)
IMO – Designated through amendments to MARPOL Annex VI
Establishes limits on NOx emissions from marine diesel engines and sulfur content of marine fuels.
North American ECA
Adopted by IMO: March 26, 2010
Enforcement: August 1, 2012 (Reg. 14.7)
U.S. Caribbean Sea ECA
Adopted by IMO: July 15, 2011
Enforcement: January 1, 2014 (Reg. 14.7)
Applies to U.S. flagged ships and foreign flagged ships operating within 200 nm of United States

5. Fuel Oil Requirements Annex VI, Reg. 14 and 18:
SOx & Particulate Matter (PM) & Fuel Oil Availability and Quality
Shipboard Requirements
Fuel Oil :
Sulfur Content Caps (Reg. 14)
Fuel Quality Standards (Reg. 18)
Operations:
Bunker Delivery Notes & Samples (Reg. 18)
Fuel Oil Change-Over Procedures (Reg. 14.6)
Fuel Oil Change-Over Logbook Entries (Reg. 14.6)
Annex VI , Reg. 14
Fuel Oil Sulfur Content Limits
ECA Sulfur Content Cap
Effective Date
Sulfur Limit %m/m (ppm)
August 1, 2012
1.0% (10,000)
January 1, 2015
0.1% (1,000)
Global Sulfur Content Cap
January 1, 2012
3.5% (35,000)
January 1, 2020
0.5% (5,000)

6. Joint Agency Annex VI Implementation
Coast Guard’s Role
Shipboard compliance
Flag State (U.S. Ships)
Port State Control (Foreign)
IAPP Certificate
Bunker Delivery Notes & Samples
EPA’s Role
Shoreside Compliance
Engine Emissions (NOx)
EIAPP Certificate
Fuel Oil Quality & Availability(SOx)

7. USCG & EPA: Referral Protocol
General Enforcement Roles under MOU
USCG and EPA may request assistance regarding inspections, investigations, or enforcement from one another.
March 2015 Revised Referral Protocols
Refines USCG enforcement determinations and outlines referral process to EPA for further investigation and enforcement.
USCG may refer matters to EPA for civil enforcement with a LOU, bond, or other surety satisfactory obtained by USCG.

8. Fuel Oil Non-Availability Reports
(FONARs)
Annex VI, Regulation 18
If fuel not available, vessels must provide notification of actions taken to attempt compliance and locate alternative sources of compliant fuel
Filed with the EPA
Matter referred upon filing, EPA takes FONAR into consideration when determining whether or not to take enforcement action for non-compliance.
Filing of FONAR does not prevent inspection or enforcement for non-compliance.

9. Regulations 3 & 4 Regulation 3 (Permits) Regulation 4 (Equivalencies)
Provides exception for vessels engaging in trial programs for alternate ship emissions reduction and control technology research
Must be approved by Flag State and acknowledged by USCG and EPA.
Regulation 4 (Equivalencies)
Allows alternative equipment or fuels to be used to achieve equivalent level of compliance
Must be approved by Flag State.
Compliance with Annex VI cannot be waived

10. USCG Enforcement Statistics
5 vessels detained since August 2012.
As of 01 March, 22 deficiencies and one “no sail” order has been issued.
Coast Guard has, in at least two instances, given companies 30 days to come into compliance when low sulfur fuel caused safety concerns; vessels operated on reduced power in ECA until parts became available

11. Annex VI Resources
Coast Guard Homeport: Select the following links: Missions > Domestic Vessels > MARPOL ANNEX VI
CG-543 Policy Letter (Annex VI Implementation)
CG-CVC Policy Letter (ECA Compliance)
CG-CVC Policy Letter (IEE/SEEMP)
USCG & EPA Revised Protocols on Referrals under Annex VI
Marine Safety Alert 02-15, Fuel Switching and Annex VI requirements:
EPA MARPOL Annex VI
EPA Ocean Going Vessels
IEE = International Energy Efficiency Certificate
SEEMO = Shipboard Energy Efficiency Management Plan

12. Questions?