The Republic of the Marshall Islands has issued Marine Safety Advisory No 7-14 with guidance from the Environmental Protection Agency (EPA). This guidance addresses how the US government will implement fuel oil availability provisions for ship owners. For the operators unable to obtain fuel oil that meets the fuel oil sulfur standards applicable to ships operating in waters off of the coast of North America, Transport Canada has issued Ship Safety Bulletin 04/2013 which provides information on reporting when compliant fuel is unavailable.
Interim Guidance on the Non-Availability of Compliant Fuel Oil for the North American Emission Control Area
Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL) has been in effect in the United States since January 8, 2009. MARPOL Annex VI is implemented in the United States through the Act to Prevent Pollution from Ships (APPS). Under the authority of APPS, the U.S. Environmental Protection Agency (the EPA), in consultation with the United States Coast Guard, has promulgated regulations which incorporate by reference the full text of MARPOL Annex VI. See 40 C.F.R. § 1043.100(a)(1).
Compliance with the MARPOL Annex VI air emission standards, including the fuel oil sulfur standards, will significantly reduce emissions from foreign and domestic vessels that affect US air quality and impact human health. The Annex VI standards, in conjuction with the US Clean Air Act standards applicable to US ships, are expected to reduce the annual emissions of NOx , SOx and particulate matter(PM) by 1,2 million , 1,3 million and 143,000 tons, respectively, by 2030. Annually, these reductions are estimated to prevent between 12,000 and 30,000 PM related premature deaths, between 210 and 920 ozone related premature deaths, 1,400,000 work days lost and 9,600,000 minor restricted- activity days.
Which vessels are required to comply with the Annex VI ECA fuel oil sulfur standard while operating in the North American ECA?
With limited exceptions, including for certain “public vessels” (as defined in 40 C.F.R. § 1043.20), all vessels that operate in the North American ECA are required to be in compliance with the Annex VI ECA fuel oil sulfur standard. Note, most vessels under 400 gross tonnage are likely already in compliance with the standard as the majority of these vessels operate using solely distillate fuel oil that meets the Annex VI ECA fuel oil sulfur limit.
How do I comply with the Annex VI ECA fuel oil sulfur standards while operating in the North American ECA?
You are required to either use Annex VI ECA compliant fuel oil when operating within the designated North American ECA, or to install and use an equivalent method as approved and allowed under MARPOL Annex VI Regulation 4, and 40 C.F.R. § 1043.55 (e.g., exhaust gas cleaning device).
What should my Fuel Oil Non-Availability Report contain?
MARPOL Annex VI Regulation 18.2, as incorporated by reference in 40 C.F.R. § 1043.100, provides that a vessel not in compliance with the fuel oil sulfur standards will
(1) present a record of the actions taken to attempt to achieve compliance; and
(2) provide evidence that it attempted to purchase compliant fuel oil in accordance with its voyage plan and, if it was not made available where planned, that attempts were made to locate alternative sources for such fuel oil and that despite best efforts to obtain compliant fuel oil, no such fuel oil was made available for purchase.
Further details may be found at RMI Marine Safet Advisory No 7-14
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