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SINGAPORE SHIPPING ASSOCIATION . U.S. Maritime Regulatory Update 2009 Jonathan K. Waldron June 17, 2009. OVERVIEW. The Environmental Protection Agency’s (“EPA”) New Vessel General Permit Regime Compliance and enforcement Avoiding Criminal Liability Latest cases Lessons learned
“any discharge of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel...”
Must minimize discharges, which means reduce and/or eliminate to the extent achievable using control measures (including best management practices) that are technologically available and economically practicable and achievable in light of best marine practice
(1) Technology-Based Effluent Limits – All Vessels
Anti-Fouling Hull Coatings
Aqueous Film Forming Foam
Chain Locker Effluent
Controllable Pitch Propeller and Thruster Hydraulic Fluid and Other Oil to Sea Interfaces; Rudder Bearing Lubrication; Stern Tube Oily Discharge
Distillation and Reverse Osmosis Brine
Elevator Pit Effluent
Gas Turbine Wash Water
Motor Gasoline and Compensating Discharge
Non-Oily Machinery Wastewater
Refrigeration and Air Condensate
Seawater Cooling Overboard Discharge
Seawater Piping Biofouling Prevention
Boat Engine Wet Exhaust
Sonar Dome Discharge
Underwater Ship Husbandry
Graywater Mixed with Sewage
Exhaust Gas Scrubber Wash Water DischargeVGP EFFLUENT LIMITS(continued…)
(2) Technology-Based – Specific Discharge Types
Coast Guard/Class inspections can be used to meet some requirements
Certifying Official’s Name
How did we get here?
Where are we going?
“[W]hoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully:
(1) falsifies, conceals, or covers up…a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both…”
194. Garbage Collector
The Maritime Transportation Security Act of 2002 (“MTSA”) required:
Certain vessels and facilities to have security plans
Issuance of TWIC
Individualsrequiring unescorted access to “secure areas” of MTSA-regulated facilities and vessels
Does not apply to foreign vessels…
However, it does apply to foreign crewmembers transiting an MTSA facility
B1/OCS – Business/OCS
C-1/D – Crewman
H-1B – Special Occupations
H-1B1 – Free Trade Agreement
E-1 – Treaty Trader
E-2 – Bilateral Investment, Commerce & Navigation Treaty
E-3 – Australian in Specialty Occupation
L-1 – Intracompany Executive Transfer
O-1 – Extraordinary Ability
TN – North American Free Trade Agreement
“Catch all” for visas similar to those listed
BUT…TWIC ELIGIBILITY FOR FOREIGN NATIONALS
National Compliance Deadline went into effect on May 15, 2009
Make sure you determine which of your employees need a TWIC and confirm they have one
Non-citizen / visa issues
Determine what contractors and other non-employees may utilize your facility or vessels that need access to secure areas – truck drivers, surveyors, port superintendents, insurers, entertainers
Who, when, where–plan ahead, e.g., maintenance/construction
(1) Now: 15,000 PPM
(2) July 2010: 10,000 PPM
(3) January 2015: 1,000 PPM
(4) 2016: new engines must reduce NOx by 80%
Fuel Requirements for Ocean-going Vessel Main (Propulsion) Diesel Engines,Auxiliary Diesel Engines, and Auxiliary Boilers
** Flag Administration removed because they were subject to only one major control action in the previous three years.
* Countries that were not on the list last year.
** Counties that were not on the seven point list last year.
* Flag Administrations that were not on the list last year.
* Flag Administrations removed due to less than 10 individual vessel arrivals in 2008.
QUESTIONS?Jonathan K. WaldronBlank Rome LLPThe Watergate600 New Hampshire Avenue, N.W.Washington, D.C. 20037Tel. (202) 772-5964Mob. (703) firstname.lastname@example.orgBlank Rome5605-07, The Center99 Queen’s Road Central, Hong KongTel. (852) 3528-8300Fax (852) email@example.com