North American Emission Control Area Enforcement Provisions North American Emission Control Area

References CG-CVC Policy Letter 12-04 U.S. Coast Guard ECA Job Aid CG-543 Policy Letter 09-01 EPA Interim Guidance EPA Final Rule – 75 Federal Register 22896

North American Emission Control Area Under Annex VI MARPOL the North American Emission Control Area (ECA) will become enforceable on August 1, 2012. On that day, the sulfur content of the fuel oil used onboard ships operating in this area may not exceed 1.00%.

Who has to Comply with ECA All vessels who operate in the North American ECA are required to be in compliance with the Annex VI ECA fuel oil sulfur standard.

Area Covered It extends up to 200 nautical miles from the coasts of the United States and Canada. It includes the eight main Hawaiian Islands.

Compliance MARPOL Annex VI, Regulation 14 Two methods to comply Use of low sulfur fuel Equivalent Arrangement Method utilized listed on IAPP Certificate Section 2.3 and 2.6

Exceptions/Exemptions Securing the safety of a ship or saving life at sea; Damage to a ship or its equipment. Exemptions OCS exploration.

Equipment Casualty or Failure All reasonable precautions were taken after the occurrence for the purpose of preventing or minimizing the emissions. The master must report to the certificate issuing authority. Records must be on board

USCG/EPA MOU The Coast Guard has agreed to work with the U.S. Environmental Protection Agency (EPA) to implement and enforce of the North American ECA standards. The EPA has lead for ECA violations CG has lead on MARPOL Annex VI violations

Non-Availability Operators may encounter situations where low sulfur fuel oil is not available for purchase. MARPOL Annex VI, Reg 18.2.4 requires notification to be made to the flag Administration and to the competent authority of the relevant port of destination. EPA is responsible for receiving the US notifications.

Waivers No waivers will be issued for Non-availability.

EPA Interim Guidance On June 26, 2012, the EPA published an Interim Guidance on the Non-Availability of Compliant Fuel Oil for the North American Emission Control Area. The guidance includes the Fuel Oil Non-Availability Reporting, which is available on EPA’s website at http://www.epa.gov/otaq/oceanvessels.htm.

When to Report Vessels should submit a Fuel Oil Non-Availability Report to the EPA at marine-eca@epa.gov as soon as the vessel determines, or becomes aware, that it will be unable to procure and use compliant fuel oil in the North American ECA, but no later than 96 hours prior to entering the North American ECA.

What to Report to EPA All required information can be found on pages 5 and 6 of the Interim Guidance on the Non-Availability of Compliant Fuel Oil for the North American Emission Control Area.

What to Report to Flag MARPOL Annex VI Regulation 18.2 Present a record of the actions taken to attempt to achieve compliance; and Provide evidence that it attempted to purchase compliant fuel oil and that attempts were made to locate alternative sources and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase.

Notification of Non-Availability If a Coast Guard unit receives notification of non-availability from a foreign vessel, they will direct the submitter to the EPA’s web site to submit a non-availability report. The CG cannot and will not submit for the vessel.

CG Port State Control Exams What to expect during exams

Verification of Compliance Records to be inspected to determine if the fuel oil used onboard the ship meets the standard. Bunker Delivery Notes Representative Fuel Oil Samples Fuel Oil Changeover Procedures Fuel Oil Changeover Logs Voyage Plans

Fuel Oil Changeover Logs Record of changeover recorded in such log-book as prescribed by the Administration. The volume of low sulphur fuel oils in each tank. The date, time, and position of the ship when any fuel-oil-change-over operation is completed prior to the entry into an ECA or commenced after exit from such an area.

Changeover Procedures Written procedures to show how/when the fuel oil changeover is to be done to ensure that only compliant fuel oil is burned within a designated ECA. Allow sufficient time for the fuel oil service system to be fully flushed prior to entry into an ECA. Show line up of tanks, piping and valves.

Deficiencies (EPA) Deficiencies ECA Related EIAPP NOx technical code Fuel oil availability Fuel oil quality These will be forwarded to EPA for enforcement

Vessels w/o Compliant Fuel Review records of actions taken and evidence of submission to Admin/EPA Request a corrective action plan signed by the master stating that compliant fuel oil is: scheduled to be received prior to departure scheduled to be received at the next U.S. port Not scheduled for purchase Gather copies for forwarding to EPA Signed and stamped by master

Deficiencies (CG) Annex VI Non ECA Deficiencies IAPP Bunker Delivery Notes / Fuel Samples Incinerator Ozone Depleting Substances Volatile Organic Compounds Safety Management System Deficiencies regarding above are CG Issue and will be dealt with as normal PSC deficiencies

Safety Management System Logical processes for inclusion in a shipboard procedures and responsibilities for personnel regarding ECA requirements. Crew Competency/knowledge of ECA requirements Changeover Procedures Voyage Plans

Evidence of Criminal Liability Where evidence of criminal liability on the part of the mariner, owner, operator or other involve party of the ship is found intentional use of non-compliant fuel falsified log books The Coast Guard will conduct an investigation under the authority of 14 USC 89a (APPS)

Websites Information on Fuel Oil Non-Availability Reporting, which is available on EPA’s website at http://www.epa.gov/otaq/oceanvessels.htm Fuel Oil Non-Availability Report to the EPA at marine-eca@epa.gov

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