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Maritime Law Association Spring MeetingApril 28-30, 2015New York, New York



MARPOL Annex VI: Emission Control MARPOL Annex VI: Emission Control AreasAreas

Coast Guard Updates & EnforcementCoast Guard Updates & Enforcement

CAPT Patrick J. McGuireCAPT Patrick J. McGuireChief, Office of Maritime & Chief, Office of Maritime &

International LawInternational Law



OverviewOverview Introduction and StandardIntroduction and Standard Enforcement and US/EPA Enforcement and US/EPA

ProtocolsProtocols Fuel Oil Non-Availability Fuel Oil Non-Availability

Reports (FONARS)Reports (FONARS) Regulations 3 & 4Regulations 3 & 4 Compliance StatisticsCompliance Statistics

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Emission Control Areas Emission Control Areas (ECA)(ECA)

IMO – Designated through amendments to IMO – Designated through amendments to MARPOL Annex VIMARPOL Annex VI

Establishes limits on NOx emissions from Establishes limits on NOx emissions from marine diesel engines and sulfur content marine diesel engines and sulfur content of marine fuels.of marine fuels.

North American ECANorth American ECA Adopted by IMO: March 26, 2010Adopted by IMO: March 26, 2010 Enforcement: August 1, 2012 (Reg. 14.7)Enforcement: August 1, 2012 (Reg. 14.7)

U.S. Caribbean Sea ECAU.S. Caribbean Sea ECA Adopted by IMO: July 15, 2011Adopted by IMO: July 15, 2011 Enforcement: January 1, 2014 (Reg. 14.7) Enforcement: January 1, 2014 (Reg. 14.7)

Applies to U.S. flagged ships and foreign Applies to U.S. flagged ships and foreign flagged ships operating within 200 nm of flagged ships operating within 200 nm of United StatesUnited States



Fuel Oil Fuel Oil RequirementsRequirements

Annex VI , Reg. 14Fuel 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)

Shipboard RequirementsShipboard Requirements•Fuel Oil :Fuel Oil :

•Sulfur Content Caps (Reg. Sulfur Content Caps (Reg. 14)14)•Fuel Quality Standards Fuel Quality Standards (Reg. 18)(Reg. 18)

•Operations:Operations:•Bunker Delivery Notes & Bunker Delivery Notes & Samples (Reg. 18)Samples (Reg. 18)•Fuel Oil Change-Over Fuel Oil Change-Over Procedures (Reg. 14.6)Procedures (Reg. 14.6)•Fuel Oil Change-Over Fuel Oil Change-Over Logbook Entries (Reg. 14.6)Logbook Entries (Reg. 14.6)

Annex VI, Reg. 14 and 18:Annex VI, Reg. 14 and 18:

SOx & Particulate Matter (PM) & Fuel Oil SOx & Particulate Matter (PM) & Fuel Oil Availability and QualityAvailability and Quality



Joint Agency Annex VI Joint Agency Annex VI ImplementationImplementation

Coast Guard’s Role Coast Guard’s Role Shipboard complianceShipboard compliance

Flag State (U.S. Ships)Flag State (U.S. Ships) Port State Control (Foreign)Port State Control (Foreign) IAPP CertificateIAPP Certificate Bunker Delivery Notes & Bunker Delivery Notes &

SamplesSamples

EPA’s RoleEPA’s Role Shoreside ComplianceShoreside Compliance Engine Emissions (NOx)Engine Emissions (NOx)

EIAPP CertificateEIAPP Certificate Fuel Oil Quality & Fuel Oil Quality &

Availability(SOx)Availability(SOx)



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USCG & EPA: USCG & EPA: Referral ProtocolReferral Protocol

General Enforcement Roles under MOUGeneral Enforcement Roles under MOU USCG and EPA may request assistance regarding inspections, USCG and EPA may request assistance regarding inspections,

investigations, or enforcement from one another.investigations, or enforcement from one another.

March 2015 Revised Referral ProtocolsMarch 2015 Revised Referral Protocols Refines USCG enforcement determinations and outlines referral Refines USCG enforcement determinations and outlines referral

process to EPA for further investigation and enforcement.process to EPA for further investigation and enforcement. USCG may refer matters to EPA for civil enforcement with a USCG may refer matters to EPA for civil enforcement with a

LOU, bond, or other surety satisfactory obtained by USCG.LOU, bond, or other surety satisfactory obtained by USCG.



Annex VI, Regulation 18Annex VI, Regulation 18 If fuel not available, vessels must provide If fuel not available, vessels must provide

notification of actions taken to attempt compliance notification of actions taken to attempt compliance and locate alternative sources of compliant fueland locate alternative sources of compliant fuel

Filed with the EPAFiled with the EPA Matter referred upon filing, EPA takes FONAR into Matter referred upon filing, EPA takes FONAR into

consideration when determining whether or not to consideration when determining whether or not to take enforcement action for non-compliance. take enforcement action for non-compliance.

Filing of FONAR does not prevent inspection or Filing of FONAR does not prevent inspection or enforcement for non-compliance. enforcement for non-compliance.

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Fuel Oil Non-Availability Fuel Oil Non-Availability ReportsReports

(FONARs)(FONARs)



Regulations 3 & 4Regulations 3 & 4

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Regulation 3 (Permits)Regulation 3 (Permits) Provides exception for vessels engaging in trial Provides exception for vessels engaging in trial

programs for alternate ship emissions reduction programs for alternate ship emissions reduction and control technology research and control technology research

Must be approved by Flag State and acknowledged Must be approved by Flag State and acknowledged by USCG and EPA.by USCG and EPA.

Regulation 4 (Equivalencies)Regulation 4 (Equivalencies) Allows alternative equipment or fuels to be used to Allows alternative equipment or fuels to be used to

achieve equivalent level of compliance achieve equivalent level of compliance Must be approved by Flag State.Must be approved by Flag State.

Compliance with Annex VI Compliance with Annex VI cannotcannot be be waivedwaived



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USCG Enforcement USCG Enforcement StatisticsStatistics

5 vessels detained since August 5 vessels detained since August 2012.2012.

As of 01 March, 22 deficiencies and As of 01 March, 22 deficiencies and one “no sail” order has been one “no sail” order has been issued. issued.

Coast Guard has, in at least two Coast Guard has, in at least two instances, given companies 30 days instances, given companies 30 days to come into compliance when low to come into compliance when low sulfur fuel caused safety concerns; sulfur fuel caused safety concerns; vessels operated on reduced power vessels operated on reduced power in ECA until parts became availablein ECA until parts became available



Annex VI Annex VI ResourcesResources

Coast Guard Homeport: www.Homeport.USCG.milCoast Guard Homeport: www.Homeport.USCG.milSelect the following links: Missions > Domestic Vessels > MARPOL ANNEX VI Select the following links: Missions > Domestic Vessels > MARPOL ANNEX VI

CG-543 Policy Letter 09-01 (Annex VI Implementation)CG-543 Policy Letter 09-01 (Annex VI Implementation) CG-CVC Policy Letter 12-04 (ECA Compliance)CG-CVC Policy Letter 12-04 (ECA Compliance) CG-CVC Policy Letter 13-02 (IEE/SEEMP)CG-CVC Policy Letter 13-02 (IEE/SEEMP) USCG & EPA Revised Protocols on Referrals under Annex VI USCG & EPA Revised Protocols on Referrals under Annex VI

http://www.uscg.mil/hq/cgcvc/cvc/marpol/annexsix-EPAProtocols.pdfhttp://www.uscg.mil/hq/cgcvc/cvc/marpol/annexsix-EPAProtocols.pdf Marine Safety Alert 02-15, Fuel Switching and Annex VI requirements:Marine Safety Alert 02-15, Fuel Switching and Annex VI requirements:

https://homeport.uscg.mil/cgi-bin/st/portal/uscg_docs/MyCG/https://homeport.uscg.mil/cgi-bin/st/portal/uscg_docs/MyCG/Editorial/20150317/0215.pdf?id=33a6d6535954eaf0fef8da9b2e4ebae949b058c1Editorial/20150317/0215.pdf?id=33a6d6535954eaf0fef8da9b2e4ebae949b058c1

EPA MARPOL Annex VIEPA MARPOL Annex VI

http://www2.epa.gov/enforcement/marpol-annex-vi http://www2.epa.gov/enforcement/marpol-annex-vi EPA Ocean Going Vessels EPA Ocean Going Vessels

http://www.epa.gov/otaq/oceanvessels.htmhttp://www.epa.gov/otaq/oceanvessels.htm



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