More details of the regulations are available in our Vessel Arrivals Checklist
USCG BALLAST WATER MANAGEMENT
The United States is not a signatory to IMO Ballast Water Management Convention or BWM Convention (full name International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004).
In the United States, ballast water discharges are regulated by both the U.S. Coast Guard (USCG) and the U.S. Environmental Protection Agency (EPA).
GMS Clients should refer to the “Vessel Arrivals” checklists for more detailed U.S. individual state requirements for ballast water management for port calls to the U.S.
U.S. Coast Guard (USCG) Ballast Water Program Website:
USCG BW regulations are contained in 33 CFR 151 Sub pat C & D.
- 33 CFR 151 Sub Part C is BW management for the Great Lakes inside the Snell Lock and the Hudson River north of George Washington Bridge.
- 33 CFR 151 Sub Part D
- is BW management for other waters of the United States.
- This page further provides authoritative details on the USCG BW regulations and news related to Coast Guard Type Approved Ballast Water Management Systems (BWMS). Links within this page include Frequently Asked Questions (FAQs), General Information, Regulations and Policy Documents, Alternative Management Systems, Type Approval, and the Environmental Technology Verification (ETV) Program.
Recent USCG policies and guidance documents can be found at the USCG Ballast Water Website.
Two pertinent USCG policies are described below:
- Policy Letter CG-CVC 18-02 This policy letter provides guidance for vessel owner/operators and policy for USCG Captain of the Ports for a vessel that is bound for the U.S. and that has an inoperative ballast water management system.
- Navigation and Inspection Circular (NVIC) 01-18 This NVIC was published by the USCG on 1 March 2018. This NVIC provides ballast water management guidance for vessels operating in the U.S., including reporting and recordkeeping requirements, compliance requirements, and information regarding USCG Port State Control inspection and enforcement procedures.
U.S. EPA BALLAST WATER MANAGEMENT
US Environmental Protection Agency (EPA): The EPA regulates the discharge of ballast water within the Vessel General Permit (VGP).
The VGP and associated VGP Fact Sheet which provides detailed information regarding the EPA’s ballast water discharge requirements can be found at this website: https://www.epa.gov/npdes/vessels-vgp
Essentially the VGP ballast water management requirements are similar to the USCG BW management regulations, one major difference is that the VGP mandates “Analytical Monitoring” of ballast water.
VGP BW Analytical Monitoring
Analytical monitoring requirements for specific discharge types are identified in the VGP Parts 2.2.2, 2.2.3, 2.2.15, and 2.2.26, and for specific vessel types in VGP Part 5.
The VGP requires analytical monitoring (sampling and monitoring) of the ballast water prior to the first use of the system in waters of the U.S.
For more information about sampling and analysis required by the EPA, refer to Sampling and Monitoring for the 2013 VGP.
The EPA’s VESSEL DISCHARGE SAMPLE COLLECTION & ANALYTICAL MONITORING guide more information on monitoring and sampling requirements.
IMO Circulars on the North Emission Control Area. IMO circulars MEPC.190(60) and MEPC.1/Circ.723, both of which contain a map and border-line coordinates of the NA-ECA.
US Environmental Protection Agency (EPA) webpage on vessel air emissions: This webpage and its related links provide a full description of the EPA’s rules regarding Sulfur Oxide and Nitrous Oxide emissions.
The regulations are available here.
IMO web page on reduction of sulfur content effective 01 January 2015: This webpage and its links discuss the reduction of sulfur content permissible for use in the Emission Control Areas from 1.0% to 0.1% Sulfur.
http://www.imo.org/en/MediaCentre/PressBriefings/Pages/44-ECA-sulphur.aspx
Reporting Non-Availability of Compliant Fuel to U.S. Authorities – Refer to GMS Client Advisory #05-2020 and USCG Policy CVC-WI-022(1)
The Vessel Incidental Discharge Act (VIDA): VIDA was enacted in December 2018 and will significantly change the way the USCG and EPA regulate ballast water and other effluent discharges in the U.S., but the changes required by this law will not come into force for several more years. As such, current USCG and EPA VGP regulations and policies remain in effect. More information regarding the VIDA is available here.
The present 2013 VGP continues to remain in force until the Vessel Incidental Discharge Act (VIDA) regulations are promulgated.
VGP Frequently asked questions are available here.
The above FAQs address the following:
- General VGP Questions
- Environmentally Acceptable Lubricants (EALs)
- Sampling and Monitoring for the 2013 VGP
- Discharge Requirements in the 2013 VGP
- Notice of Intent (NOI) and Notice of Termination (NOT) requirements for the 2013 VGP.
EMISSION REDUCTION:
With an aim at reducing greenhouse gases, particulate matter, SOx, and NOx emissions, California Air Resource Board (CARB) has since 2007 encouraged voluntary emission control measures, which were directed at container, reefer, Ro-RO, and cruise ships. This gave birth to “cold ironing” (connecting to shore power while at the berth). With effect from 1st Jan 2023 the CA At Berth Regulations became mandatory for several types of vessels.
EMISSIONS REDUCTION SHCEDULE (Only for vessel types listed below):
- January 1, 2023: Container, Reefer, Cruise
- January 1, 2025: Auto carrier
- January 1, 2025 Tanker (Southern California – LA/LB)
- January 1, 2027 Tanker (Northern California – SF Bay)
(Emission reduction applicable only at berth)
(No compliance dates for bulk carriers and dry cargo vessels, as yet)
AVAILABLE CAECS:
At present, the only available CAECS (CARB Approved Emission Control Strategy) are:
- Shore power hook-up
- CAP uptakes that process the emission to CAECS standards either ashore or on barge. (Very limited with a few service providers)
The other available limited relief are in the form of:
- “Vessel Incident Event (VIE)” is an exception provided to vessel fleets to allow for a limited number of incidents where a vessel operator does not reduce emissions as required during a vessel visit.
- Pay to not comply. The payment can be made to the Remediation Fund, which is very expensive and prohibitive – operators will only use in exceptional circumstances)
OTHER REQUIREMENTS (FOR ALL VESSEL TYPES)
- VESSEL VISIT REPORT – Visit reports must be submitted to CARB within 30 calendar days of each vessel’s departure. (Interim relief until 1st April 2023 – but all reports are required to be submitted)
- OPACITY REQUIREMENTS – No person shall discharge from any vessel at berth and at anchor, any visible emissions of any air pollutant, for a period aggregating three minutes in any one hour as dark as the Ringelmann scale 2
Ocean-going vessels at berth regulations: available here.
At Berth Frequently Asked Questions: available here.
Visit Report Templates: available here.
For other specific requirements or information related to regulatory compliance please contact us at info@chgms.com.
