US EPA Serves ECA Suspected Violation Subpoenas

MarineLink.com
Thursday, April 03, 2014
File photo

 U.S. EPA has served subpoenas in connection with the investigation into potential violations of MARPOL Annex and the Act to Prevent Pollution from Ships (APPS) following the coming into force of the North American Emissions Control Area (ECA) on 1, August 2012.

Ships operating within 200 miles of the U.S. coast are required, pursuant to MARPOL Annex VI and the Act to Prevent Pollution from Ships (APPS), to burn low sulphur fuel oil and to document compliance. Although the U.S. Coast Guard and Environmental Protection Agency (EPA) were authorized by APPS to investigate potential violations, it was unclear when such investigations might begin – especially in light of EPA interim guidance acknowledging that, despite best efforts, some ship owners and operators might not be able to obtain compliant low sulphur fuel oil before entering the North American ECA, and encouraging voluntary disclosure of such non-availability of compliant low sulphur fuel oil.

During the 18 months since the North American ECA came into effect, many ship owners and operators have filed Fuel Oil Non-Availability Reports (FONARs).  Although filing of FONARs was encouraged, the EPA advised that voluntary disclosure of an inability to comply with MARPOL Annex VI and APPS does not mean a ship is deemed to be in compliance.  Rather, voluntary disclosure of FONARs was to be only one factor considered by the U.S. when determining what action to take against a non-compliant ship owner or operator.

Recently, the EPA served substantial document subpoenas on several ship owners and operators that had previously filed numerous FONARs. These subpoenas have been served in connection with further investigations into potential MARPOL Annex VI and APPS violations.  APPS expressly authorises the U.S. Coast Guard and EPA, upon receipt of evidence of a potential violation like a FONAR, to issue subpoenas for documents and testimony.  Compliance with these subpoenas can be compelled by a federal court; non-compliance could lead to a fleet-wide denial or revocation of permission to enter U.S. waters.

Many ship owners and operators are already aware of the potential liabilities arising from MARPOL Annex VI and APPS violations.  The U.S could assess civil penalties, for example, up to $25,000 for each day of a continuing violation. If the investigation reveals a knowing violation, or if the respondent makes false or fraudulent representations to the investigators, then there may also be significant criminal liability. The potential for significant civil or criminal liability, and business disruption, is clear.

Sources: Chalos O’Connor, LLP/UK P&I Club

 

 

 

 

 

Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

National Domestic Surveyor Accreditation in place

Domestic marine surveyors will now be accredited under a national system run by the Australian Maritime Safety Authority (AMSA). The Domestic Surveyor Accreditation

Australian Tall Ship Rounds Cape Horn

The Royal Australian Navy operated Sail Training Ship Young Endeavour rounded Cape Horn on Australia Day, 36 days into a 12-month circumnavigation of the world.

Directorate Changes at Fastnet

Fastnet, the UK and Irish listed E&P company focused on near-term exploration and appraisal acreage in Morocco and the Celtic Sea, announces certain management

Environmental

MHI Wins LNG Order

Mitsubishi Heavy Industries, Ltd. (MHI) has received an order for two next-generation LNG (liquefied natural gas) carriers from Mitsui & Co., Ltd. The carriers

Fender Repairs Works for Dolphins at Hong Kong

For approximately four months, fender repairing and replacement works for five of the dolphins will be carried out in the To Kwa Wan Typhoon Shelter. The

Ecochlor BWTS Chosen for 8 New Bulkers

Times Navigation, Inc. has selected Ecochlor, Inc. to provide ballast water treatment systems (BWTS) for installation on a fleet of eight new CROWN63 (63,500 DWT)

Marine Power

Cutlass Express 2015 Commences

Maritime forces from East Africa, South Africa, Europe, Indian Ocean nations, the United States and several international organizations began the fourth iteration

New YANMAR EPA Tier III Engine

YANMAR America introduced its new EPA Tier III compliant commercial marine diesel engine. Rated at 755 mHP and 1,900 rpm, the new 20.38-liter 6AYAM-ET uses a full mechanical control system.

Volvo Penta Debuts New Marine Engines

Volvo Penta introduced the first two models of its next-generation sterndrive marine gasoline engines. The new 4.3-liter catalyzed V6 engines, rated at 200 and 240 hp,

Government Update

National Domestic Surveyor Accreditation in place

Domestic marine surveyors will now be accredited under a national system run by the Australian Maritime Safety Authority (AMSA). The Domestic Surveyor Accreditation

Cutlass Express 2015 Commences

Maritime forces from East Africa, South Africa, Europe, Indian Ocean nations, the United States and several international organizations began the fourth iteration

Adani Ports Consolidated PAT Shoots Up by 37%

Adani Ports and Special Economic Zone Limited (“APSEZ”), India’s largest port developer and part of Adani Group, today announced the financial results for the third

P&I Clubs

ZIM Launches Monitoring and Tracking Service

ZIM integrated shipping services has announced the launching of a new monitoring, tracking and security services package, specifically designed for valuable and

Oil Tankers are Front Line of Libya's Struggles

Crew members killed in tanker attack this month; West fears worsening violence could lead to civil war. Oil shippers face higher costs and the possible loss of insurance cover on Libyan voyages,

26-year Jail Term Sought for Concordia Master

An Italian prosecutor asked a court on Monday to sentence the captain of the Costa Concordia cruise liner to more than 26 years in jail for his role in the 2012 disaster that killed 32 people.

 
 
Maritime Security Naval Architecture Offshore Oil Pipelines Port Authority Salvage Ship Electronics Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1826 sec (5 req/sec)