radm james a. watson director, prevention policy u.s. coast guard

United States Coast Guard

RADM James A. WatsonDirector, Prevention Policy

U.S. Coast Guard


Port State Control

9,260 individual vessels, from 90 different Flag Administrations, made more than 76,000 U.S. port calls

Performance based targeting (matrix) system taking into account history of Flag, Recognized Org, Class Society, & Ship Mgmt/Charterers performance

• Detention Ratio is Low: 1.86%•Typical reasons:

FirefightingMARPOLPropulsion & MachineryISM Code


Rewarding the Best

QUALSHIP 21 Rewards Highest Performing vessels flagged by an eligible Flag Administration

Subject to fewer CG inspections

Internationally recognized program sought out by charterers, etc

Difficult criteria must be met through vessel performance, flag performance, etc

Less than 400 vessels enrolled

Flag States that are QUALSHIP 21 eligible in 2011

Barbados Hong Kong Russian Federation

Canada Isle of Man Sweden

Cayman Islands Japan Switzerland

Denmark Liberia Thailand

France Malaysia United Kingdom

Germany Marshall Islands Vanuatu

Greece Norway


Collective Responsibilities

Environmental stewardship has a hierarchy of responsibilities!


INTENTIONAL DISCHARGES CONTINUE TO OCCUR AT AN ALARMING RATE.

• Owner Operators need to:• Know what’s going on onboard your vessels.• Know the waste streams and quantities produced.• Know the effectiveness of your pollution prevention equipment.• Upgrade as needed.• Implement an Environmental Management System

METHODS – “As many as a mate or engineer can imagine.”

Removal of valve internals to allow discharge of wastes via other systems.

Environmental Compliance


Bold discharges in the Indian Ocean.

Simple bypass.


Discharges using MARPOL shore connection.

Discharges using cross-over from bilge mains to Main Bilge and Ballast pumps.


Prevention / Detection

- International Cooperation- Interagency Cooperation

NOAAEPAFBI

- INTERPOL - Better Intelligence

Cooperation with Marine Intelligence Fusion Centers.

- Greater use of imagery.- Joint Agency Investigation Training- Improvements in Investigator and Inspector skill sets.

Side Looking Airborne Radar (SLAR)


Criminal and Administrative Enforcement Tools

Community Service Funds

Environmental Compliance Plans

Judicial Banning

Barring entry to U.S. ports for non-compliance


Criminal Referrals


Community Service Funds Most sentences in environmental crimes cases

includes money set aside as community service funds.

Provides additional deterrence to environmental crimes

Must be reasonably designed to repair the harm

Past community funds have supported: Regional wildlife restoration/preservation Seafarers education on compliance Marine sanctuary protection


Environmental Compliance Plans (ECPs)

Typically 3 to 5 years

Includes an audit of entire fleet or of the fleet that makes voyages to U.S. ports

Audits are conducted by third party auditors approved by USCG and DOJ

Majority of ECPs are court-monitored and part of a company’s probation terms

Some ECPs are voluntary


Judicial Banning

M/V AMERICANA – STANSHIPS


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• M/V COSETTE (Small Ro-Ro)• Conducted frequent runs from the US to Haiti (cargo = used/junk cars)• Frequent port calls were Miami, NYC, Boston, and San Juan• 8 IMO related detentions since 2006 (6 in 2009)• 13 LODs since 2007• 72 COTP orders imposed since 1999 (MISLEADING)• BANNED by COMDT as of 29JAN10 for a minimum of 3 months. Owners must comply w/requirements of COMDT’s letter prior to lifting of banning

USCG Banning Policy


Banning Policy (COMDT CG-543 Policy Letter 10-03)

3 detentions in U.S. waters in 12-months (indicative of SMS problems); or Vessels with history of accidents, pollution incidents, or serious repair problems.

Banned for a minimum of 3-months (3 vsls to date). For re-entry into U.S. must demonstrate full compliance w/ISM (external & flag State Audits, environmental compliance programs, etc)

Vessels banned by other PSC regimes and subsequently detained in the US with objective evidence of failed SMS may be banned after one US detention.

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USCG Expectations

- Illegal discharge is not an acceptable cost of doing business

- Environmental management must become part of the corporate culture

- Owners/Operators should develop effective Environmental Management Systems

- Flag State Administration must assume robust oversight roles and responsibilities


USCG Environmental Crimes

Voluntary Disclosure

- Requirements for CMS (Compliance Management System)

- Within 21 days of discovery

- # of Disclosures to date from Nov 2007 Policy


Vessel General Permit VGP MOU outlines

coordination and cooperation between EPA and the USCG

MOU provides division of labor USCG – compliance

examinations

EPA – enforcement

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Since the signing of the USCG/EPA MOU Vessel General Permit program:• only 222 USCG documented VGP inspection deficiencies: - 71 were issued to domestic vessels - 151 issued to foreign flagged vessels - 1 deficiency under the VGP program

was forwarded to EPA


Ballast Water Management – Regulatory Development

Ballast Water Discharge Standard NPRM establishes:

Phased Approach

IMO Standard initially

1000 times more stringent than IMO after 2016

Practicability Review will determine if 1000x standard can be met.

If Practicability Review determines 1000x cannot be met, then intermediary standards established.

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Emission Control Areas

ECAs control the emissions of SOx and particulate matter (PM) as well as NOx emissions

There are currently two ECAs approved at IMO that affect US waters:

North American ECA – approved. Compliance within ECA will be required in August 2012.

Caribbean ECA – approved. Compliance will be required in January 2014.


Emission Control Areas

Enforcement would be done in port:

For SOx/PM, this would be accomplished by checking bunker delivery notes, logs and where considered necessary, requiring the fuel sample required under MARPOL Annex VI to be tested.

For NOx, this would be done by checking the international engine certificate – aka the Engine International Air Pollution Prevention Certificate (EIAPP Certificate), and if determined necessary, require the engine compliance be verified thru the Administration-approved “Verification Procedure” as required under MARPOL Annex VI.

ECA Sulphur CapEffective date Old Sulphur limit New Sulphur limit

1 March 2010 1.50% S 1.00% S

1 March 2015 1.00% S 0.10% S


Energy Efficiency Design Index Design standard which will increase vessel fuel economy.

Mandatory EEDI approved at IMO as a new chp to MARPOL Annex VI

Applies to new and existing vessels

Prefer a market-based system which will incentivize efficiency improvements

Not supportive of a fuel tax or an emissions trading system

radm james a. watson director, prevention policy u.s. coast guard

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