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Delivering Legal Services

Executing the Mission. Delivering Legal Services. Maritime Law Association Spring 2014 Meeting. Presentation Overview. Recently Published Regulations Preemption Restatement II. The Arctic Vessel Emissions Ballast Water Annex VI, Air Emissions

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Delivering Legal Services

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  1. Executing the Mission Delivering Legal Services Maritime Law Association Spring 2014 Meeting

  2. Presentation Overview • Recently Published Regulations • Preemption Restatement • II. The Arctic • Vessel Emissions • Ballast Water • Annex VI, Air Emissions • IV. International Maritime Organization • Investigations • Environmental Crimes

  3. Recently Published Regulations • Cargo Securing Manuals (SNPRM, 78 FR 68784, 11/15/2013). • Petition on Air Draft Accidents (78 FR 77027, 12/20/2013). • Implementation of the Amendments to the STCW (78 FR 77795, 12/24/2013) and associated NVICs • Marine Casualty Reporting on the OCS (NPRM, 79 FR 1780, 1/10/2014). • Delay of effective date for 2012 Liquid Chemical Categorization Updates (79 FR 2106, 1/13/2014). • Dry Cargo Residue Discharges in the Great Lakes (79 FR 5261, 1/31/2014). • Draft Policy Letters: Guidance for the Use of LNG as a Marine Fuel (79 FR 7470, 2/7/2014). • Waiver of Citizenship Requirements for Crewmembers on Commercial Fishing Vessels (79 FR 8864, 2/13/2014). • Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations

  4. Preemption Restatement NPRM • Published 78 Fed. Reg. 79242 (Dec. 27, 2013) • Comment period closes May 26, 2014 • Public meetings: • May 13, 2014 in Arlington, VA • May 16, 2014 in Seattle, WA. • Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations – Notice of Proposed Rulemaking • Purpose: A clear agency statement of the preemptive impact of Coast Guard regulations. It clarifies (but does not alter) the Coast Guard's view on the preemptive effect of its regulations.

  5. Arctic Updates • Arctic Strategies • Arctic Shield • Arctic Council

  6. Arctic Council Structure 2013 – 2015 Chairmanship: CANADA *Six indigenous groups (“Permanent Participants”) participate at all levels* Ministers Task Force on Black Carbon and Methane Co-chairs: CA, SE Senior Arctic Officials (SAOs) Task Force on Oil Spill Prevention Co-chairs: RF, NO Circumpolar Business Forum Task Force Co-chairs: CA, FI, IC, RF Task Force on Science Cooperation Co-chairs: US, RF, SE Working Groups Arctic Monitoring and Assessment Program (AMAP) Chair: Denmark U.S. representative: WH/GCRP Protection of the Arctic Marine Environment (PAME) Chair: Iceland U.S. representative: DOC/NOAA Arctic Contaminants Action Program (ACAP) Chair: Finland U.S. representative: EPA Emergency Prevention Preparedness and Response (EPPR) Chair: Norway U.S. representative: DOE/NNSA Sustainable Development Working Group (SDWG) Chair: Canada U.S. representative: DOS Conservation of Arctic Flora and Fauna (CAFF) Chair: Canada U.S. representative: DOI/FWS

  7. Vessel Emissions • Ballast Water • Regulated by EPA under the Clean Water Act • Regulated by Coast Guard under the National Invasive Species Act. • Annex VI and Emission Control Areas • Regulated by the Coast Guard and EPA under MARPOL Annex VI, as implemented by the U.S. in the Act to Prevent Pollution from Ships (APPS) • Limits shipboard air pollution • Ozone; Shipboard Incineration • NOx, SOx, PM • VOC’s

  8. Ballast Water

  9. North American & CaribbeanEmission Control Areas (ECA) • Fuel used cannot exceed 1% sulfur, beginning August 2012 and cannot exceed .1% beginning August 2015. • If non-compliant fuel is not available, must file Fuel Oil Non-Availability Report (FONAR) to Coast Guard & EPA. • Alternative Compliance Projects • Compliance strategies that provide equivalent emission reductions (Regulation 4) • Trial programs for ship emissions reduction and control technology research (Regulation 3) • NOx Tier III control requirements will apply for new vessels built after 2016.

  10. International Maritime Organization Council Marine Environmental Protection Committee (MEPC) Marine Safety Committee (MSC) Technical Co-operation Committee (TCC) Facilitation Committee (FAL) Legal Committee (LEG)

  11. Polar Code • Recent IMO developments • January SDC sub-committee meeting • March MEPC 66 meeting • May MSC 93 meeting • Implementation • SOLAS model, Ch. I • MARPOL model, Ch. II

  12. Investigations • MODU KULLUK • Report of Investigation • Parasailing

  13. Environmental Crimes

  14. Environmental Crimes Successes Coast Guard Goal: To change corporate culture through creation and implementation of an effective Environmental Management System • Criminal Fines • More than 140 companies and individuals prosecuted • Over $300 million in criminal fines / 38 years of jail time • Environmental Compliance Plans (ECP) • Over 1400 vessels have court imposed ECP’s overseen by CG-INV and CG-0941-E Success story – Environmental Management Systems and Voluntary Disclosure Operators, previously under ECPs have established robust internal-self-reporting and auditing programs. Through self-auditing and reporting the operators have been able to take advantage of the Coast Guard’s voluntary disclosure program,

  15. “223 years of protecting Americans on the sea, America from threats delivered by the sea and the sea itself.” 18

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