US Coast Guard Implementation of MARPOL Annex IIbbbbb

US Coast Guard US Coast Guard Implementation of Implementation of

MARPOL Annex IIbbbbbMARPOL Annex IIbbbbb

By Tom FelleisenBy Tom Felleisen

DisclaimerDisclaimer

The views expressed are The views expressed are those of the author and do those of the author and do

not necessarily represent the not necessarily represent the official view of the official view of the

US Coast GuardUS Coast Guard

Changes to MARPOL Annex IIChanges to MARPOL Annex II

SimplificationSimplification



Align with the Globally Harmonized Align with the Globally Harmonized System for Classification and System for Classification and Labeling of ChemicalsLabeling of Chemicals

An activity which resulted from UN An activity which resulted from UN Rio Conference (1992) – Agenda 21Rio Conference (1992) – Agenda 21


SimplificationSimplification Align with the Globally Harmonized Align with the Globally Harmonized

System for Classification and System for Classification and Labeling of ChemicalsLabeling of Chemicals

Lipophilic substances (Vegetable oils Lipophilic substances (Vegetable oils and Animal Fats)and Animal Fats)

Vegetable oils and Animal FatsVegetable oils and Animal Fats

Existing Annex II Existing Annex II

Not “en route”Not “en route”

No underwater dischargeNo underwater discharge

Vegetable oils and Animal FatsVegetable oils and Animal Fats

Existing Annex II Existing Annex II

Not “en route”Not “en route”

No underwater dischargeNo underwater discharge

Implemented differently by USImplemented differently by US



Align with the Globally Harmonized Align with the Globally Harmonized System for Classification and System for Classification and Labeling of ChemicalsLabeling of Chemicals

Parallel Processes – Unclear outcomeParallel Processes – Unclear outcome


Change from Change from

4 pollution categories +unregulated to 4 pollution categories +unregulated to 3 pollution categories + unregulated3 pollution categories + unregulated

Ship typing changes for chemical cargoesShip typing changes for chemical cargoes

Based on hazards of residue dischargesBased on hazards of residue dischargesBased on hazards of tank breach Based on hazards of tank breach

Ship TypingShip Typing

Based on entirely new pollution Based on entirely new pollution criteria developed from the Globally criteria developed from the Globally Harmonized SystemHarmonized System

RulemakingRulemaking

Requirements of the Administrative Requirements of the Administrative Procedures ActProcedures Act


Requirements of the Administrative Requirements of the Administrative Procedures Act (APA)Procedures Act (APA)

APA precludes private disclosure APA precludes private disclosure concerning rulemaking (Ex Parte concerning rulemaking (Ex Parte Communication)Communication)




Start of rulemaking in Spring ‘06Start of rulemaking in Spring ‘06




Start of rulemaking in Spring ’06Start of rulemaking in Spring ’06 After BLG 10 finalizes the list of After BLG 10 finalizes the list of

chemicalschemicals

Rulemaking ProcessRulemaking Process

Advance Notice of Proposed Advance Notice of Proposed Rulemaking (ANPRM)Rulemaking (ANPRM)

Requests comments from public Requests comments from public

Indicates the Agency’s intentionsIndicates the Agency’s intentions


Advance Notice of Proposed Rulemaking Advance Notice of Proposed Rulemaking (ANPRM)(ANPRM)

Notice of Proposed Rulemaking (NPRM)Notice of Proposed Rulemaking (NPRM)

Gives proposed regulatory language for Gives proposed regulatory language for rulemaking rulemaking

Requests comments on rulemakingRequests comments on rulemaking


Notice of Proposed Rulemaking Notice of Proposed Rulemaking (NPRM)(NPRM)

Advance Notice of Proposed Advance Notice of Proposed Rulemaking (ANPRM)Rulemaking (ANPRM)

Final RuleFinal Rule

What we – USCG and Public - need to What we – USCG and Public - need to live withlive with


Notice of Proposed Rulemaking (NPRM)Notice of Proposed Rulemaking (NPRM) Advance Notice of Proposed Rulemaking Advance Notice of Proposed Rulemaking

(ANPRM)(ANPRM)

Office of Management and Budget (White Office of Management and Budget (White House) reviewHouse) review

Final RuleFinal Rule


Total rulemaking time: Total rulemaking time:

many monthsmany months

toto

well over a couple of yearswell over a couple of years

MAPOL Annex II MAPOL Annex II

Effective Date 01/01/2007Effective Date 01/01/2007

Interim Measure Interim Measure

Navigation and Vessel Navigation and Vessel Inspection CircularInspection Circular

(NVIC)(NVIC)

Navigation and Vessel Inspection Navigation and Vessel Inspection CircularCircular

Elective alternative to current Elective alternative to current MARPOL Annex IIMARPOL Annex II



Permits compliance with 01/01/2007 Permits compliance with 01/01/2007 requirementsrequirements

Allows trading to ports that will Allows trading to ports that will vigorously enforce the new vigorously enforce the new requirementsrequirements



Permits compliance with 01/01/2007 Permits compliance with 01/01/2007 requirementsrequirements

Introduces Third-Party SurveyorsIntroduces Third-Party Surveyors

Reduces burden on USCG assetsReduces burden on USCG assets

Some Current ProblemsSome Current Problems

LatexLatex

Largest employer in Liberia,Largest employer in Liberia,which supported MARPOL Annex IIwhich supported MARPOL Annex IIrevisionrevision


LatexLatex

Largest employer in Liberia,Largest employer in Liberia,which supported MARPOL Annex IIwhich supported MARPOL Annex IIrevisionrevision

Two “Latex tankers” thrown out of trade Two “Latex tankers” thrown out of trade

Will not likely be tested for Health and Will not likely be tested for Health and Safety in time to be in the Safety in time to be in the International Bulk Chemical CodeInternational Bulk Chemical Code


LatexLatex

Some vegetable oilsSome vegetable oils


LatexLatex


No testing yet:No testing yet:PerillaPerillaRice BranRice BranSafflowerSaffloweretc.etc.

Some Current ProblemsSome Current Problems LatexLatex


Available tonnage of type 2 tanks on type Available tonnage of type 2 tanks on type 2 ships2 ships

Interruption of trades in the absence of Interruption of trades in the absence of shipsships

Appreciably higher freight ratesAppreciably higher freight ratesfor all chemicalsfor all chemicals

US Coast Guard Implementation of MARPOL Annex IIbbbbb

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