The U.S. Environmental Protection Agency (EPA) has settled with two shipping companies over claims of violations of EPA’s Vessel General Permit issued under the Clean Water Act.
According to EPA, under the terms of the settlements, Swire Shipping Pte. Ltd. will pay $137,000 in penalties and MMS Co. Ltd. will pay $200,000 in penalties for claims of ballast water discharge, inspection, monitoring, and reporting violations.
As per the EPA statement, the two shipping companies failed to take the following actions:
Swire Shipping failed to:
- Treat ballast water prior to discharging it into the ocean in a manner consistent with the compliance deadline
- Conduct annual comprehensive inspections; conduct annual calibrations of a ballast water treatment system; monitor and sample discharges from ballast water treatment systems
- Report complete and accurate information in annual reports.
The settlement includes penalties of $67,075 for the vessel Papuan Chief, $19,906 for the vessel New Guinea Chief, and $50,019 for the vessel Lintan.
MMS Co. failed to:
- Meet ballast water limitations for biological indicators and biocide residuals in discharges at U.S. ports, including the Port of Richmond in California
- Conduct annual calibrations of ballast water treatment systems
- Monitor and sample discharges from ballast water treatment systems
- Report complete and accurate information in annual reports.
The settlement includes penalties of $110,509 for the St. Pauli and $89,491 for the vessel Centennial Misumi.
Inspections
Vessel self-inspections are required as a means of identifying, for example, potential sources of spills, broken pollution prevention equipment, or other issues that might lead to permit violations.
Self-inspections empower the owner or operator to diagnose and fix problems in a timely manner to remain compliant with the permit, and with U.S. federal law.
Because the Clean Water Act relies on self-reporting of permittees, failures or delays in inspection, monitoring, and reporting violations are serious and undermine the permit program.
In addition, it is important that such discharges by ships be monitored to ensure that aquatic ecosystems are protected from discharges that contain pollutants. Invasive species are a persistent problem in U.S. coastal and inland waters.
Waste discharge
Improper management of ballast water can introduce invasive species or damage local species by disrupting habitats and increasing competitive pressure.
Discharges of other waste streams regulated by the Vessel General Permit (e.g., graywater, exhaust gas scrubber water, lubricants, etc.) can cause toxic impacts to local species or contain pathogenic organisms.
To remind, in its annual Port State Control (PSC) report for 2022 released in late April, the US Coast Guard noted that compliance with ballast water management regulations continues to be one of the most challenging issues faced by the maritime industry.
EPA’s settlement with the two shipping companies resolves claims of Clean Water Act violations and are subject to a 30-day public comment period prior to final approval.
EPA takes compliance with the Vessel General Permit – a key element under the Clean Water Act – seriously. It is vitally important that vessel owners and operators properly manage what they discharge into our oceans, and that they meet their monitoring and reporting requirements
… said Martha Guzman, Pacific Southwest Regional Administrator
