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Republic of the Marshall Islands

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MARINE SAFETY ADVISORY NO. 45-12 To: Subject: Regional Marine Safety Offices, Nautical Inspectors, Masters, Owners/Agents USCG ENFORCEMENT OF NORTH AMERICAN AND US CARIBBEAN SEA ECAs 31 July 2012


The United States Coast Guard (USCG) has issued guidelines on: 1) how it will be verifying compliance with MARPOL Annex VI Regulation 14 (Sulfur Oxides (SOx) and Particular Matter (PM)) and Regulation 18 (Fuel Oil Availability and Quality); and 2) how violations that it identifies will be documented and referred to the United States (US) Environmental Protection Agency (EPA) for enforcement. In general, the USCG is responsible for verifying compliance with all of MARPOL Annex VI and the EPA is responsible for the enforcement of violations pertaining to Annex VI Regulations 13, 14, and 18 in the North American Emission Control Area (ECA) (which takes full effect 1 August 2012) and US Caribbean Sea ECA (which takes full effect 1 January 2014)1 under US jurisdiction. See also Marshall Islands Marine Safety Advisory (MSA) 39-12, North American ECA to enter into force 1 August 2012. The purpose of this MSA is to highlight the steps the USCG will be taking in its enforcement efforts with respect to foreign flag vessels. The full text of the USCG policy letter establishing its enforcement guidelines and the accompanying ECA Job Aid (which contains a compliance check list and deficiency matrix for port State control officers (PSCO) to use during inspections/examinations) are found at: by selecting Domestic Vessels, Domestic General and then MARPOL Annex VI.

COMPLIANCE VERIFICATION MARPOL Annex VI Regulation 14: Ship owners/operators must control SOx emissions through the use of low sulfur fuel or equivalent arrangements. Sections 2.3 and 2.6 of ships’ International Air Pollution Prevention (IAPP) Supplement will be checked by PSCO for compliance with Regulation 14.4.


See Resolutions MEPC.190(60) and MEPC.202(62) for the boundaries of the North America ECA and US Caribbean SEA ECA, respectively.

MSD 001 (11/01)

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MSA No. 45-12

for Republic of Marshall Islands (RMI) flagged vessels. and EPA at: http://www. MARPOL Annex VI.1). Interim Guidance on the Non-Availability of Compliant Fuel Oil for the North American Emissions Control Area (which is also available on that website). Thus. The PSCO will also ask for a copy of the bunker delivery note(s) for fuel oil in use while operating in the North American ECA (VI/Reg. 45-12 . 18.7.Non-Availability of Compliant Fuel: When a ship owner/operator experiences a situation where low sulfur fuel is not available for purchase. See also Marshall Islands MSA 37-12. the Master shall be requested to submit the report and the PSCO may issue a deficiency or detain the vessel in accordance with the ECA Job Aid. These areas are:   Engine International Air Pollution Prevention (EIAPP) Certificate issues. to the EPA for enforcement.epa. If the required report of non-availability has not been submitted to EPA.gove/otaq/oceanvessels... VIOLATIONS The USCG will refer deficiencies where EPA has the technical expertise.. Domestic and Foreign Vessels (Office of Commercial Vessel Compliance (CG-CVC).g.g.00%: When a PSCO encounters a ship with fuel oil that exceeds the limit. available spare parts onboard.g. RMI vessel owners that experience equipment casualty or failure should notify the Administrator immediately at technical@register-iri. Regulation 18.htm in accordance with an EPA issued document entitled. 07/24/2012). and the competent authority of the relevant port of destination. The US competent authority for the receipt of such notifications is the or alternative arrangements (e.2.4 requires notification to be made to the flag Administration. EPA Guidance Regarding Non-Availability of Compliant Fuel. pumps. the USCG expects a certain degree of redundancy so that the ship may continue to operate in compliance with Regulation 13 or 14 (e. Nitrogen Oxide (NOx) technical code. MSD 001 (11/01) 2 of 3 MSA No. Ship Fuel Oil With Sulfur Content Exceeding 1.5 whose flag Administration (or their representative) has issued an interim compliance scheme and an outstanding condition due to equipment casualty or failure. regulation The USCG will take into consideration a ship which has reported an accident or a defect in accordance with Annex VI. scrubber) for complying with the standards set forth in Regulations 13 and 14 experiences a failure. as agreed in the Memorandum of Understanding (MOU) signed 27 June 2011. EQUIPMENT CASUALTY OR FAILURE When equipment approved by an Administration under Annex VI Regulation 4 (equivalencye. Low sulfur Fuel Oil tanks). such notifications on the non-availability of compliant fuel must be reported to: 1) 2) RMI Maritime Administrator at investigations@register-iri. the PSCO will verify notifications to the flag Administration and to EPA and will review records of actions taken to achieve compliance.

Fuel samples. but will instead process them in accordance with existing USCG policies and regulations:    IAPP Certificate issues. and Reception facilities for ozone depleting substances. USCG CONTACT INFORMATION Questions concerning USCG enforcement of the ECAs should be directed to the USCG Office of Commercial Vessel Compliance at: cgCVC@uscg. . The USCG will not refer suspected violations of the following to the EPA. The email subject line should include the following text: ECA-Coast Guard Policy Question or Comment. intentional use of non-compliant fuel oil with falsified log books). 45-12 .    Bunker delivery Fuel oil availability/quality. MSD 001 (11/01) 3 of 3 MSA No. In cases where there is evidence of criminal liability (e. the USCG will be the lead Agency to conduct the investigation with EPA assisting as needed. and Volatile Organic Compound management. Certificate of Adequacy..