US Coast Guard Environmental Regulations

1. US Coast Guard Environmental Regulations NAMEPA Posidonia – 5 June 2014 Mr. Jeffrey G. Lantz Director of Commercial Regulations and Standards U.S. Coast Guard

2. Overview US Ballast Water Control (USCG & EPA) U. S. Emission Control Area

3. U.S Authorities U.S. Coast Guard (USCG) Environmental Protection Agency (EPA)

4. BW Discharge Standard Applicability/Requirements

5. BW Discharge Standard Applicability/Requirements

6. OPTIONS FOR COMPLYING WITH USCG BWM REQUIREMENT 2. Coast Guard Approved Ballast Water Management System 2 Temporary Compliance Alternatives 1. No BW Discharge Alternate Management System (AMS) – Temporary Designation for up to 5 years 3. Discharge to Facility Onshore or to Another Vessel for Purpose of Treatment Receive an Extension toImplementation Date - Extension period will vary/dependent uponTA system availability 4. Use only water from a U.S. Public Water System

7. USCG Type Approval of BWMS • Long-established Coast Guard program for type approval of ships’ equipment • All testing by independent laboratories (ILs) • ILs vetted by USCG • Incorporation of EPA Environmental Technology Verification (ETV) Program land-based test protocols • Developed through multi-stakeholder consensus • Consistent with IMO BW Management Convention

8. Additional ProvisionsAlternate Management Systems • Temporary acceptance of a treatment system that has been type approved by a foreign Administration in accordance with the BWM Convention. • IMO BW discharge standard deemed to be “at least as effective as BWE” • Bridging strategy to address fact that foreign type-approved systems: • Were installed prior to publication of the Final Regulations • Continue to be installed prior to availability of USCG approved BWMS • AMS used in lieu of BWE prior to compliance date • 5-year grandfather period after vessel compliance date • The availability of AMS does not prohibit a vessel owner from receiving an extension from the Coast Guard.

9. Comparison:AMS vs Type Approval • AMS and U.S. type approval are separate programs • AMS acceptance • Does NOT guarantee U.S. type approval. • Does NOT directly assist in obtaining U.S. type approval. • Is NOT required for U.S. type approval. • AMS application requires submittal of an “informal” type approval application. • Help identify to the Coast Guard and applicant data gaps and other issues that may prevent or delay U.S. type approval in the future. • Does NOT affect AMS acceptance. • Does NOT start the type approval process.

10. BWM Requirements ComparisonUSCG – EPA VGP

11. Ballast Water Discharge Standard Implementation Date Extensions • Joint Letter Signed by CG & EPA Explains Coordinated Approach in Reviewing Extension Requests Submitted to CG • EPA issued an Enforcement Policy that applies only to vessels with a Coast Guard extension to BW implementation date. • Only considering extension requests for BW capacity between 1,500 – 5000 cubic meters, and scheduled drydock in 2014. • Extensions issued with new compliance date of January 1, 2016. • Questions regarding EPA Enforcement Policy should be directed to EPA – VGP@EPA.Gov

12. Ballast Water Discharge Standard“The Way Forward” • Coast Guard “Type Approved” systems • Meet USCG regulations • Meet EPA VGP requirements • Provide the needed environmental protection

13. Response to Rumors Coast Guard is NOT changing any Implementation Dates contained in the Final Rule Coast Guard is NOT removing any systems from AMS Acceptance List Coast Guard does NOT have preference for any type of treatment system technology Coast Guard does NOT need ETV shipboard testing protocols to Type Approve Ballast Water Treatment Systems Coast Guard will NOT wait to issue a type approval certificate if an application demonstrates that all criteria for type approval has been met.

14. North American & CaribbeanEmission Control Areas (ECA) • North American ECA: • Adopted by IMO: March 26, 2010 • Entry-into-force: August 1, 2011 • Enforcement: August 1, 2012 (Reg. 14.7) • Caribbean ECA: • Adopted by IMO: July 15, 2011 • Entry-into-force: January 1, 2013 • Expected Enforcement: January 1, 2014 (Reg. 14.7)

15. ECA Fuel Non-Availability Reporting • Ships’ not able to obtain compliant fuel must: • Notify flag Administration • Notify competent authority of the port of destination, and: • Submit Fuel Oil Non-Availability Report (FONAR), and; • Include record of actions taken obtain compliant fuel • www.epa.gov/enforcement/air/marpolannex.html#fueloil • USCG – verify compliance • EPA – exercise enforcement: • Verify proper submittals/documentation • Cross check USCG issued deficiencies w/submitted FONARs • Review data/assess trends (i.e. same vessel submitting FONAR during every US arrival)

16. Tier III NOx • Issue – ships required to meet the Tier III NOx standards when operating in ECAs/NECAs • Outcome of MEPC 66 (April 2014) • Existing ECAs • 2016 date retained • North America and US Caribbean Area ECAs • New ECAs/NECAs • No earlier than the date the amendment is adopted by IMO that establishes the new ECA/NECA

17. Equivalencies – Regulation 4 Coastal state prerogative Equal for all affected population Alternative fuel, fuel treatment, or exhaust treatment reduces sulfur output. Equal or less than total emissions

18. Exemptions – Regulation 3.2 • Ship may be exempted from fuel sulfur limits to allow trials for development of new emission reduction/control technology or engine design improvements (e.g. conversion to LNG fuel, development of exhaust gas scrubber technologies). • Robust terms and schedule • Coastal State agreement

19. ECA Exemptions & Equivalencies USCG works with EPA in considering exemptions and equivalencies The Coast Guard, in consultation with EPA is responsible for issuing exemptions or equivalencies for U.S. flagged vessels Foreign ships have own flag administration issues exemption or equivalency process EPA and USCG review foreign ship proposals to consider acceptability to U.S. government

20. Thank You! https://homeport.uscg.mil • Ballast Water Management: • Links: Missions > Environmental > Ballast Water Management • ECA: • Links: Missions > Domestic Vessels > Domestic Vessel General > MARPOL Annex VI