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US Coast Guard Implementation of MARPOL Annex IIbbbbb. By Tom Felleisen. Disclaimer. The views expressed are those of the author and do not necessarily represent the official view of the US Coast Guard. Changes to MARPOL Annex II. Simplification. Changes to MARPOL Annex II. Simplification

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disclaimer

Disclaimer

The views expressed are those of the author and do not necessarily represent the official view of the US Coast Guard

changes to marpol annex ii1
Changes to MARPOL Annex II
  • Simplification
  • Align with the Globally Harmonized System for Classification and Labeling of ChemicalsAn activity which resulted from UN Rio Conference (1992) – Agenda 21
changes to marpol annex ii2
Changes to MARPOL Annex II
  • Simplification
  • Align with the Globally Harmonized System for Classification and Labeling of Chemicals
  • Lipophilic substances (Vegetable oils and Animal Fats)
vegetable oils and animal fats
Vegetable oils and Animal Fats
  • Existing Annex II Not “en route”No underwater discharge
vegetable oils and animal fats1
Vegetable oils and Animal Fats
  • Existing Annex II Not “en route”No underwater discharge
  • Implemented differently by US
changes to marpol annex ii3
Changes to MARPOL Annex II
  • Simplification
  • Align with the Globally Harmonized System for Classification and Labeling of Chemicals

Parallel Processes – Unclear outcome

changes to marpol annex ii4
Changes to MARPOL Annex II
  • Change from 4 pollution categories +unregulated to 3 pollution categories + unregulated
  • Ship typing changes for chemical cargoesBased on hazards of residue dischargesBased on hazards of tank breach
ship typing
Ship Typing

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

rulemaking
Rulemaking
  • Requirements of the Administrative Procedures Act
rulemaking1
Rulemaking
  • Requirements of the Administrative Procedures Act (APA)
  • APA precludes private disclosure concerning rulemaking (Ex Parte Communication)
rulemaking2
Rulemaking
  • Requirements of the Administrative Procedures Act (APA)
  • APA precludes private disclosure concerning rulemaking (Ex Parte Communication)
  • Start of rulemaking in Spring ‘06
rulemaking3
Rulemaking
  • Requirements of the Administrative Procedures Act (APA)
  • APA precludes private disclosure concerning rulemaking (Ex Parte Communication)
  • Start of rulemaking in Spring ’06
  • After BLG 10 finalizes the list of chemicals
rulemaking process
Rulemaking Process
  • Advance Notice of Proposed Rulemaking (ANPRM)Requests comments from public Indicates the Agency’s intentions
rulemaking process1
Rulemaking Process
  • Advance Notice of Proposed Rulemaking (ANPRM)
  • Notice of Proposed Rulemaking (NPRM)Gives proposed regulatory language for rulemaking Requests comments on rulemaking
rulemaking process2
Rulemaking Process
  • Notice of Proposed Rulemaking (NPRM)
  • Advance Notice of Proposed Rulemaking (ANPRM)
  • Final RuleWhat we – USCG and Public - need to live with
rulemaking process3
Rulemaking Process
  • Notice of Proposed Rulemaking (NPRM)
  • Advance Notice of Proposed Rulemaking (ANPRM)
  • Office of Management and Budget (White House) review
  • Final Rule
rulemaking process4
Rulemaking Process

Total rulemaking time: many monthstowell over a couple of years

mapol annex ii

MAPOL Annex II

Effective Date 01/01/2007

interim measure

Interim Measure

Navigation and Vessel Inspection Circular

(NVIC)

navigation and vessel inspection circular
Navigation and Vessel Inspection Circular
  • Elective alternative to current MARPOL Annex II
navigation and vessel inspection circular1
Navigation and Vessel Inspection Circular
  • Elective alternative to current MARPOL Annex II
  • Permits compliance with 01/01/2007 requirements

Allows trading to ports that will vigorously enforce the new requirements

navigation and vessel inspection circular2
Navigation and Vessel Inspection Circular
  • Elective alternative to current MARPOL Annex II
  • Permits compliance with 01/01/2007 requirements
  • Introduces Third-Party SurveyorsReduces burden on USCG assets
some current problems
Some Current Problems
  • LatexLargest employer in Liberia,which supported MARPOL Annex IIrevision
some current problems1
Some Current Problems
  • LatexLargest employer in Liberia,which supported MARPOL Annex IIrevisionTwo “Latex tankers” thrown out of trade

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

some current problems2
Some Current Problems
  • Latex
  • Some vegetable oils
some current problems3
Some Current Problems
  • Latex
  • Some vegetable oilsNo testing yet: Perilla Rice Bran Safflower etc.
some current problems4
Some Current Problems
  • Latex
  • Some vegetable oils
  • Available tonnage of type 2 tanks on type 2 shipsInterruption of trades in the absence of shipsAppreciably higher freight ratesfor all chemicals