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 October 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Third Strike, Mansour Is Out

The M/V "MANSOUR M" with IMO number 7600586 has been banned for the 3rd time after subsequent detentions after the second refusal of access order in the Paris MoU region.

New Company Takes Over OW Tanker

OW Tanker, a unit of bankrupt OW Bunker and owner of its marine fuel supply ships, has been taken over by a newly-created company, the fleet manager told Reuters on Wednesday.

WRRDA: Clearing the Channel for P3 Projects

A Creative Combination for Financing Inland Waterways Infrastructure Earlier this year, the U.S. maritime industry in general, and the inland waterways industry in particular,

Environmental

World’s First LNG-Ready Ultra Large Container Ship Named

The race is on in global maritime circles to be the “world’s first” in every aspect of environmental friendliness, particularly in regards to the incorporation of LNG as fuel onboard commercial ships.

NAVCENT Commander Recognizes Journey of Hope Sailors

Commander, U.S. Naval Forces Central Command, U.S. 5th Fleet, Combined Maritime Forces, Vice Adm. John. W. Miller, recognized the accomplishments of three special-needs sailors from the Kuwaiti ship,

MSC Approves SOLAS Amendments

SOLAS amendments to make IGF Code mandatory approved by Maritime Safety Committee   The International Maritime Organization’s (IMO) Maritime Safety Committee (MSC),

Marine Power

Wärtsilä Integrated Solutions for Maersk's AHTS Vessels

A new series of six Anchor Handling Tug Supply vessels to be built at the Kleven Verft AS in Norway for the Danish based Maersk Supply Service A/S - part of the A.

ClassNK Approves Niigata Dual-fuel Engine Design

Classification society ClassNK has granted approval to the design of the new 28AHX-DF dual-fuel engine developed by Niigata Power Systems Co., Ltd. The new engine

Karl Senner Inks Distribution Deal with Electronic Power Design

Karl Senner, LLC (KS) has reached a new strategic representation agreement with Electronic Power Design (EPD). Karl Senner, LLC now represents EPD in the United States marine and offshore Markets.

Government Update

WRRDA: Clearing the Channel for P3 Projects

A Creative Combination for Financing Inland Waterways Infrastructure Earlier this year, the U.S. maritime industry in general, and the inland waterways industry in particular,

EU: Ships Will Measure CO2 Emissions

Shippers to begin monitoring from 2018; Environmental groups say law is weak, shippers favorable. The shipping sector will for the first time have to monitor

Melbourne Box Pot Lining Up Bidders

Three of Australia's largest infrastructure funds plan to bid for the country's largest container terminal in a sale expected to fetch about A$5 billion ($4.27 billion) for Victoria state,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Naval Architecture Navigation Pipelines Ship Electronics Ship Simulators 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: 0.1384 sec (7 req/sec)