various regulatory update for us waters

VARIOUS REGULATORY UPDATEFOR US WATERS

Presented by: Gallagher Marine Systems, LLC

TODAY’S PRESENTATION• Inoperative BWMS

• BW enforcement + Criminal Implications

• Ballast Water Management Plan

• Biofouling + Sediment Control

• California BW + Case Study

• Sox Management in the U.S.

• California Fuel Requirements

• VGP – enforcement + Monitoring and sampling

• VIDA

• GMS TS Update2

BALLAST WATER THE BATTLE AGAINST INVASIVE SPECIES

GMSGallagher Marine Systems, LLC.

BWMS unexpectedly unavailable –Failed or malfunctioning

US BALLAST WATER REGULATION BW CONTINGENCIES

• NVIC* 01-18 discusses four different circumstanceswhere a BWMS is unexpectedly unavailable.

• If a BWMS stops operating prior to a US Port Call, it iscritical that the nearest COTP be notified as describedin NVIC 01-18.

• The COTP will ask about the ship’s plan to achieve compliance.

• These contingencies should be identified in the BWMM.

Contingency Plans also required by BW Convention: Refer to BWM.2/Circ.62 - 26 July 2017 (Guidance on contingency measures under the BWM Convention)

*NVIC: A Navigation and Vessel Inspection Circular (NVIC) provides detailed guidance about the enforcement or compliance with a certain Federal marine safety regulations and Coast Guard marine safety programs.

BALLAST WATER MANAGEMENT PLANS - CONTINGENCIES

BWM Plan must have strategies and procedures for:

NVIC 01-18:

Circumstance 1: BW Exchange is an option for a vessel in Great Lakes and Hudson River

Concerns vessels who have not yet reached their compliance date and cannot perform an exchange prior to entering the Great Lakes

Circumstance 2: BWE is no longer an option for a vessel operating in the Great Lakes and Hudson River

Concerns vessels no longer allowed to conduct BWE

BALLAST WATER MGMT PLAN –CONTINGENCIES (CONTINUED)

NVIC 01-18:

Circumstance 3: Vessel has not reached original or extended compliance date

Concerns vessels who are still allowed to conduct exchanges (D-1) – should list compliance options such as route exemption; i.e., 33 CFR 151.2055

Circumstance 4: BWMS Stops operating properly, or BW Management Method isunexpectedly unavailable

Concerns vessels whose BWMS fails or other reason – shoulddescribe contingency procedures…

INOPERABLE BW SYSTEMClient Advisory 14-17:

INOPERABLE BW SYSTEMClient Advisory 05-18; announces CG Policy Letter No. 18-02:

SUMMARY: INOPERABLE BW SYSTEM1. Notify Flag Administration;

2. Notify destination USCG COTP;

3. Describe failure;

4. Describe repair plan;

5. Propose an Alternate Compliance plan (Contingency Plan)

– probably BW Exchange.

6. List the inoperable BWMS in the eNOA.

COTP will evaluate your request per CG Policy Letter No. 18-02

and may or may not grant permission to discharge ballast.

USCG BW ENFORCEMENT

• GMS CLIENT ADVISORY - #14-17 – 18 DEC 2017

“Discharge of non-compliant ballast water, other than to secure personnel and ship safety, has begun to have similar ramifications as the discharge of oil or sewage exceeding quantitative and qualitative limits. This concept should be conveyed to all personnel involved with BWM.”

• (CG Admiral) IMO BW CONVENTION SAYS:

“The sanctions provided for by the laws of a Party pursuant to this Article shall be adequate in severity to discourage violations of this Convention wherever they occur.”

ATTITUDINAL CHANGE – PARADIGM SHIFT

CRIMINAL IMPLICATIONS•CWA as per 40CFR122.2

Pollutant definition very expansive – includes many waste streams and materials including chemical & biological wastes, rock sands etc.

•USCG MARITIME COMMONS – BWM SERIES 5 – 1ST DEC 2017

…if a vessel is discovered to not be in compliance, the COTP may impose operational controls…., a monetary penalty, and a higher priority consideration for future examinations…. There is also the potential for prosecution if there is evidence of criminal intent.

BALLAST WATER MGMT PLAN –CONTINGENCIES – SUGGESTED:

• BWMS Failure reports should be made earliest to Flag and the destination COTP if the system fails before calling the US - do not delay.

• We suggest the report be made via the ship’s agent and also listed in the eNOA.

• The report should include details of the remedial action taken demonstrating due diligence. The alternate BWM method adopted (Contingency Plan) should be detailed too. (See CG Policy letter 18-02).

• When time permits, the contingency procedures should be reviewed by the Administration (Class) if they are to be a part of the BWM plan.

• Recommend the notification/contingency procedures are made part of SMS, either by inclusion or reference.

While developing procedures you should

also consider

the following:

FOULING MAINTENANCE & SEDIMENT REMOVAL

• USCG Ballast Water Regulation:

• 33 CFR § 151. 2050(g)(3)

• USCG gave guidance to PSC Officers:

• MEPC.207(62) may be used as model for Biofouling part of Plan; but note it does not address ballast tank sediments

• Additional section must be written to address Ballast Tank Sediments

• Must be either part of BWMM or “Included by Reference”

• A Biofouling Plan and Record Book is REQUIRED BY THE STATE OF CALIFORNIA!

BWM & BIOFOULING PLAN MATRIX

BWM Plan (including sediment management)

Compulsory. Needs Administration approval. (IMO Convention Reg B-1; Sediment Control is included in the Convention) (IMO Resolution A.868(20)

Compulsory. Does not require Admin approval. 33CFR151.2050(g)

Compulsory. Does not require Admin approval. (2013 VGP ¶2.2.3.2)

Compulsory. (as a Federal Requirement). Does not require Administration approval.

None

Biofouling Management Plan (MEPC.207(62))

Recommended (MEPC.207(62))

Compulsory*. Does not require Admin approval. 33CFR151.2050(g)(3)

Implied as Compulsory. Does not require Admin approval. (2013 VGP ¶2.2.23)

Compulsory. Does not require Admin approval. In addition, a Bio-fouling Record Book (2 CCR Article 4.8)

*USCG BW reg calls it “Fouling Maintenance Procedures”

FOULING MAINTENANCE & SEDIMENT REMOVALPROCEDURES (CONTINUED…)

• Biofouling Plan for the US:• A proper Biofouling Management Plan requires considerable Ship Specific

detail-• Type of anti-fouling coating system & locations applied• Operating profile• Niche areas subject to fouling• Company Policies with regards to addressing fouling & sediments.

.

• GMS produces Biofouling Management Plans and Record Book + a US-specific insert for BW Management Plans

(Australia + New Zealand insert)

CALIFORNIA BALLAST WATER


CALIFORNIA BW ENFORCEMENT• California has a very active BW regulation enforcement program;

• They try to inspect 80% or more of the vessels arriving from outside California.

• California requires a Biofouling Management Plan & Record Book and actively reviews them for compliance;

• California conducts audits on BW Management reports – fines have been issued based on violations discovered during these audits.

• We assisted a client with their appeal: California issued a fine of $250,000 for conducting an exchange less than 200 NM from land.

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CALIFORNIA MARINE INVASIVE SPECIES FEE

Formerly called the Ballast Water Management Fee.

Some may have received a $1,000 invoice from California.

California is charging this fee to Owners or operators of vessels that arrive at any California port from a port or place outside of California.

California Invasive Species Fee:

• Established in 1999, not collected until recently.• The California Department of Tax and Fee Administration (CDTFA)

collects the fee. Data on visiting vessels is provided by the California Marine Exchanges.

• All vessels that arrive at any California port from a port or place outside of California must pay the marine invasive species fee. The fee is charged once per voyage.

The fee does not apply to: a vessel in innocent passage, not navigating the internal waters of the United States, and that does not discharge ballast water into waters of the state,

or into waters that may impact waters of the state.

CALIFORNIA MARINE INVASIVE SPECIES PROGRAM (MISP)ANNUAL VESSEL REPORTING FORM SUBMISSION

• W.E.F. 1st Jan 2021 California State Lands Commission (CSLC) requires that the Marine Invasive Species Program Annual Vessel Reporting Form (AVRF) should be via a web-based platform.

• All vessels that arrive at a California port must submit the AVRF once annually at least 24 hours in advance of the first arrival of each calendar year.

• First create an account on the MISP Web App, then add vessels to the account.

• The CSLC has alluded to not enforcing this new requirement during the first year

• GMS can file these forms on your behalf.

• https://www.slc.ca.gov/marine-invasive-species-program/2021-information-reporting-updates-on-the-marine-invasive-species-program/

https://www.slc.ca.gov/marine-invasive-species-program/2021-information-reporting-updates-on-the-marine-invasive-species-program/

PACIFIC COAST REGION BW EXCHANGE (1 OF 2):

The next two slides apply to Ballast Water Exchange. If a ship uses an approved BW Treatment System then this does not apply:• The USCG Regulation does not require an exchange if the ship

does not go outside of 200 NM (route exemption, 33 CFR 151.2055)

• However, 2013 VGP and State regulations require an “Pacific Nearshore” exchange for vessels conducting Coastwise voyages along part of Alaska, all of Washington, Oregon, California, and part of Mexico.

PACIFIC COAST REGION BW EXCHANGE (2 OF 2)

From the 2013 VGP and State regulations:

If a ship conducts BW Exchange then follow these

rules:

• Rule 1: For ships coming to the US West Coast, an exchange must be made outside the yellow zone; 200 nautical miles (NM) from any land (including islands) at a depth of at least 2,000 meters.

• Rule 2: For ships going between two West Coast ports, an

exchange must be made outside the blue zone; 50 NM from any land at a depth of at least 200 meters.

Extent of PCR

20 deg 0.0N

01 Jan 20 Update

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CALIFORNIA PENLATIES 01 JULY 2017COMING FROM OUTSIDE THE PCR

MINOR VIOLATION

BWE conducted 200 NM and 180 NM from land

MODERATE VIOLATION

BWE conducted between 180 NM and 100 NM from land

MAJOR (I) VIOLATION BWE conducted less than 100 NM from land

MAJOR (II) VIOLATION

BWE not conducted

Penalty not exceeding

$5,000 per tank


$10,000 per tank


$20,000 per tank


$27,500 per tank

ROCAS ALIJOS –LARGEST 45 FEET WIDE & APPROX. 86 NM FROM THE SHORELINE

CALIFORNIA AIR RESOURCE BOARD – ADDITIONAL FUEL SAMPLE ANALYSIS

CARB Marine Notice 2020-2 (October 2020)

• On 01 March 2021, CARB announced that from May 2021, enforcement staff will begin further analysis of sampled fuel using methods in ISO 8217 to determine whether the fuel meets the standards for distillate grade fuel. Marine Gas Oil (DMA/DMX) or Marine Diesel (DMB).

• REMINDER: Vessels calling California should closely observe fuel regulation and conduct switch-overs in sufficient time so only compliant distillate grade fuels are in the service system well before coming within 24 NM of the California Baseline.

• GMS Client Advisory #09-21 refers

GALLAGHER MARINE SYSTEMS LLC.

MARPOL ANNEX VI, SHIP EMISSIONSSOX

(C) GALLAGHER MARINE SYSTEMS LLC. 30

HISTORY OF – GUIDELINES FOR EGCS

• Resolution MEPC.130(53) – 2005 “GUIDELINES FOR ON-BOARD EXHAUST GAS-SOx CLEANING SYSTEMS” – Design, Survey, Certification, residual water etc. (OBSOLETE)

• Resolution MEPC.170(57) – 2008 “GUIDELINES FOR EXHAUST GAS CLEANING SYSTEMS” On board procedures for compliance with emission limits, allowed daily monitoring in lieu of continuous monitoring (Scheme A) and Continuous Monitoring (Scheme B), continuous data recording, wash water parameters, pH and PAH etc. (OBSOLETE)

• Resolution MEPC.184(59) - 2009 GUIDELINES FOR EXHAUST GAS CLEANING SYSTEMS (Superseded by 2015 Guidelines)

• Resolution MEPC.269(58)/MEPC 68/21/Add.1) – 2015 GUIDELINES FOR EXHAUST GAS CLEANING SYSTEMS

The 2009 and 2015 Guidelines are both acceptable to EPA.


SCRUBBERS – SUMMARY OF TYPES


LOCAL RESTRICTIONS FOR OPEN LOOP SCRUBBERSGUARD NEWS 21ST AUG 2020


Some coastal state and ports have implemented local regulations with nore stringent requirements.

EXHAUST GAS CLEANING SYSTEMS -USE IN THE US:

• Scrubbers (even “Open Loop”) are legal for use in US Waters• Must be approved as an Alternate Compliance method by the ship’s

Administration (i.e., listed in the ship’s IAPP Certificate) (2009 & 2015 Guidelines)

• Must list the equipment in the IMO Global Integrated Shipping Information System (GISIS)

• Except:• State of Connecticut: Open Loop Scrubbers not acceptable for use in State

Waters• State of Hawaii: Reporting Requirements• State of California: No prohibition on use of scrubbers, however ships must

follow the California low sulfur fuel regulation (0.1%).


CALIFORNIA & OPEN LOOP SCRUBBERS

•California requires Compliant Fuel (i.e., Distillates of 0.1% Sulfur or less) within 24 NM of their Baseline (including islands);

•CA does not prohibit scrubbers but the California Fuel Requirement makes them unnecessary.


• The EPA accepts discharges from open loop scrubbers certified to MEPC 2009 and 2015 guidelines standards in VGP regulated waters. (both air emissions and water discharges).

• The discharge must meet the VGP pH limit.

• No less than 6.0 & during transit inlet/outlet differential not more than 2. IMO standard: no less than 6.5

• VGP 2.2.26.2.2 scrubber effluent analytical monitoring is required. Collect and analyze two wash water samples in the 1st year of permit coverage or system operation, whichever is first.

• Demonstrate treatment equipment maintenance, probe accuracy, and compliance with this permit.

• These requirement not applicable if discharge not conducted within 3NM.

EPA (2013 VGP) MARPOL VI REQUIREMENTS – FOR EGCS (SCRUBBERS)

• USCG POLICY 12-04 (now cancelled) required Flag Administration declaration of equivalence before scrubbers could be used for compliance in the US.

• New policy is announced in a “CVC Work Instruction No. 022(1)” dated 13 Jan 20.

• Scrubber must be listed in Global Integrated Shipping Information System (GISIS) as Alternate Compliance Method

ANNEX VI EQUIVALENT CONTROL MEASURE – INCLUDING SCRUBBERS

What are the fuel requirements?

• CARB- Ocean Going Vessel Fuel Regulation requires the use of marine distillate grade fuel (marine gas oil or marine diesel oil) with a maximum sulfur level of 0.1%

• Applicable to auxiliary diesel and diesel-electric engines, main propulsion diesel engines, and auxiliary boilers

• Within Regulated California Waters (all waters within 24 nautical miles of the California baseline).

CALIFORNIA – OGV FUEL REQUIREMENTS

VGP ANNUAL REPORT REMINDER

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The 2013 VGP Annual Report must be submitted to EPA by 28 February 2021 for Calendar Year 2020.Must include:Discharge Monitoring Reports (DMRs)Any Non-CompliancesGMS can file on your behalf for nominal fee

RECENT VGP ENFORCEMENT

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GMS is aware of recent increase of EPA VGP inspections + enforcement action

ENSURE:• All required VGP inspections are completed as required.• File Annual Reports by 28th of February every year for

preceding calendar year – must if a NOI is filed. • Record of Inspections, Non-conformities, sampling &

monitoring, reports & TRAINING should be available on board

• Retention period – 3 years

EPA REGIONS MAP

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VGP SAMPLING & MONITORING

BILGE WATER;

GRAY WATER;

BALLAST WATER

EXHAUST GAS CLEANING SYSTEM (SCRUBBER) WASHWATER

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Test results must be recorded on the EPA’s spreadsheet “Discharge Monitoring Report” (DMR) and submitted as part of the VGP Annual Report.

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BILGE WATER, 2013 VGP ¶2.2.2.1Applicability Frequency Analytes

Vessels constructed on or after December 19, 2013.

Only applicable if discharging bilge water into U.S. waters

1 times per year • Oil and grease

AT THE TIME OF ANALYSIS SAMPLING, OCM CONTENTSHOULD BE NOTED FOR COMPARISON OF ANALYSIS RESULTS

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Graywater, 2013 VGP ¶2.2.15.2

Applicability Frequency AnalytesVessels constructed on or after December 19, 2013 with crew capacity ≥ 15 and overnight accommodations; or vessels operating on the Great Lakes that are not "commercial vessels" within the meaning of CWA section 312.

Only applicable if discharging graywater into U.S. waters

2 times per year • Biological Oxygen Demand (BOD)

• Fecal Coliform or E. coli • Total suspended solids • pH• Total residual chlorine

BALLAST WATER SUMMARY

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• MONTHLY : SHIPBOARD MONITORING using the existing self-diagnostic and inbuilt sensors (2013 VGP 2.23.5.1.1.2).

• ANNUAL: CALIBRATION – sensors and probes can be conducted on board or sensors sent ashore ( 2 sets of sensors?) (VGP 2.2.3.5.1.1.3)

• MONITORING FOR BIOLOGICAL INDICATORS (VGP 2.2.3.5.1.1.4)

• MONITORING FOR BIOCIDES AND RESIDUALS (VGP 2.2.3.5.1.1.5)

BALLAST WATER

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• Ballast water discharges must be monitored on vessels using a ballast water treatment [management] system to achieve the numeric discharge limitations of the 2013 VGP that discharge ballast water to waters of the United States (see Part 2.2.3.5.1.1 of the VGP)

Ballast Water, 2013 VGP ¶2.2.3.5.1.4 Organism Monitoring

Applicability Frequency AnalytesAll vessels that discharge ballast water using BWMS in VGP regulated waters.

2 times per year for vessels with high quality data Or 4 times without high quality data

• Total heterotrophic bacteria,

• E.coli,• Enterococci

BALLAST WATER

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Ballast Water, 2013 VGP ¶2.2.3.5.1.5 – RESIDUAL BIOCIDES

Applicability Frequency Analytes

All vessels that discharge ballast water using BWMS in VGP regulated waters.

INTIAL MONITORING;3 (or 5 non High Quality data) times in the 1st 10 discharges not exceeding 180 days.MAINTENANCE MONITORING:2 (or 4 for non High Quality Data) times per year

• RESIDUAL BIOCIDES

• OR DERIVATES OF RESIDUAL BIOCIDES

EGCS – WET EXHAUST (VGP 2.2.26.2)

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All vessels with wet exhaust gasscrubber systemswhich dischargeinto U.S. waters

2 for firstyr.,1 per yr.thereafter

Dissolvedand totalmetals,PAH,nitrates-nitrite, pH

EXHAUST GAS CLEANING SYSTEMS:

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• For each sampling event, samples must be collected of each of the following:

1. Exhaust gas scrubber inlet water (for background),2. Untreated water leaving the scrubber (but before any treatment

system), and3. The discharged water (after any treatment)

• Additionally, at the time of collection, pH and residual Chlorine need to be measured within 15 minutes of sample collection to determine sample preservation requirements…

• How to sample multi-unit (towers) EGCS for sampling Untreated Water?

ADDITIONAL INFORMATION ON VGP SAMPLING

https://gallaghermarine.com/publications/advisories/

https://www.epa.gov/sites/production/files/2015-08/documents/vgp_self_sampling_reference.pdf

VESSEL INCIDENTAL DISCHARGE ACT 2018 (VIDA)


• Currently, the U.S. regulates vessel incidental discharges including ballast water under two different laws, the Clean Water Act (EPA) and the National Invasive Species Act (USCG).

• In addition to the USCG and EPA, several U.S. States have separate requirements for managing vessel incidental discharges including California, Oregon, New York, Washington and states bordering the Great Lakes.

• The Vessel Incidental Discharge Act (VIDA) will change the way the USCG & EPA regulate these discharges. Current USCG & EPA policies will remain in effect until VIDA changes are fully implemented.

U.S. COAST GUARD & EPA Vessel Incidental Discharge Act of 2018(VIDA) vs Vessel General Permit (VGP-2013)

U.S. COAST GUARD & EPA Vessel Incidental Discharge Act of 2018(VIDA)

• The Vessel Incidental Discharge Act (VIDA):

Was signed by President Trump on 4 December 2018

VIDA was contained within the larger Coast Guard Authorization Act of 2018

Intended to streamline a broken regulatory system with regulations to replace the VGP and USCG BW requirements.

Will change how ballast water discharges are regulated in the United States by creating a process in which the EPA and the USCG will work together under the Clean Water Act to jointly implement standards for BWM and incidental discharges.

• Presently 25 States, the EPA and the USCG have inconsistent, overlapping and duplicate vessel discharge regulations.

• VIDA is intended to make the incidental discharge regulatory system consistent and less burdensome but preserves the flexibility of States and certain regions, like the Great Lakes and Pacific Coast Region to create standards and conduct enforcement of standards for those areas.

VIDA - SYNOPSIS

•Signed into law December 2018

•Required the creation of EPA & USCG regulations that will

replace the VGP.

•EPA creates the discharge standards

•USCG creates the compliance & enforcement regulations

•2013 VGP requirements remain in place until VIDA regulations

are complete.

VIDA – PRESENT STATUS SEPT 2021 • EPA published VIDA proposed regulations in October 2020 and

received over 28,000 comments.

• Dec 2020 EPA reviewing comments for national standards of performance

• Final standards have not been submitted to the USCG as yet (Sept. 2021)

• Don’t expect VIDA regulations to be published in the next few years

• VGP continues to be in force until VIDA regulations are enforced.

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USCG PSC

COMMON DEFICIENCY FROM THE 2020 REPORT

1. FFA

2. LSA

3. ISM – NOT FULL COMPLIANCE

4. FIRE HAZARD FROM OIL ACUMMULATION IN ENGINE ROOM BILGES

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ISO STANDARD 17021:2015 ACCREDITED

In June 2020, GMS TS received its accreditation certificate for ISO 17021:2015 after adopting a robust Quality Management System for bodies providing Auditing services and Certification for:

• Environmental Management Systems• Quality Management Systems• Safety Management Systems• Security management Systems• Information Management Systems

ISO 17021-1:2015

USCG APPROVAL

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U.S. COAST GUARD APPROVAL TO CONDUCT AUDITS AND SURVEYS FOR U.S. FLAG TOWING VESSELS

We are approved to:

1. Conduct audits of a Towing Safety Management System (TSMS) and the vessels which the TSMS applies to verify compliance with the applicable sections of 46 CFR Subchapter M (Sub M);

2. Issue TSMS certificates to an owner or managing operator who is in compliance with 46 CFR Part 138;

3. Conduct surveys of towing vessels to verify compliance with 46 CFR Sub M; and

4. Issue survey reports detailing the results of surveys carried out in compliance with 46 CFR Part 137. 62

COAST GUARDAPPROVED

SUBCHAPTER MTHIRD PARTY

ORGANIZATION(TPO)

APPROVED IAW 46 CFR 139.115 TO:Audit Towing SafetyManagementSystems(TSMS)

Issue TSMScertificate to anowner or managingoperator

Survey towingvessels to verifycompliance withSubchapter M

Issue survey reportsdetailing the resultsof towing vesselsurveys

Gallagher Marine Systems (GMS)

Gallagher Marine Systems

MISLE ID: 1710853

Date Approved: 21 JUN 2021Approval Expires: 31 JUL 2026

YES YESX

YESX

YESX

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EYE IN THE SKY

QUESTIONS?

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[email protected]

various regulatory update for us waters

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