SPEAKING WITH ONE
VOICE ON THE
ENVIRONMENT
Industry Collaborative Efforts
API Tanker Conference
May 2012
Kathy Metcalf
Chamber of Shipping of
America
Chamber of Shipping of America






US national shipowner association
35 member companies
US and foreign flag vessels
All vessel types
Engaged in domestic and
international trade
Founding member of the
International Chamber of Shipping
(ICS)
US COMMISSION ON
OCEAN POLICY
“…THE DOMINANT PARDIGM FOR
GOVERNING THE OCEANS WAS
THE PRINCIPLE OF FREEDOM OF
THE SEAS, BASED ON THE
PREMISE THAT THE OCEANS WERE
INFINITE AND MARINE
RESOURCES INEXHAUSTIBLE…”
So Why the Aggressive Approach
to Marine Environmental Issues?
 Shipping is global and so are environmental
impacts
 Cultural shift from casualty focus to normal vessel
operations
 As land based sources are subject to more
stringent environmental regulations, shipping is
a larger percentage of the remaining “problem”
 Shipping is still the most environmentally
friendly form of transportation
Basic Assumptions




Maintain level playing field for
international shipping
General environmental statutes (Clean
Water Act/Clean Air Act) are not a “one
size fits all” especially as regards the
maritime industry
Minimize impacts on existing ships with
remaining useful life (grandfathering)
Preemption of regional/state/local
requirements is paramount





First meeting in 1999 to address ballast water
issues
Expanded to other issues in 2001
Meetings (in person/telcon) on as needed
basis
Participation open to any maritime trade
associations with focus on DC associations
Focus on industry positions re: US federal
initiatives with some exceptions (IMO and
state initiatives)
American Waterways Operators (AWO)
 Chamber of Shipping of America (CSA)
 Cruise Lines International Association
(CLIA)
 International Association of
Independent Tanker Owners
(INTERTANKO)
 World Shipping Council (WSC)

American Maritime Congress (AMC)
 American Maritime Officers (AMO)
 American Petroleum Institute (API)
 BIMCO
 Canadian Shipowners Association
 International Association of Masters,
Mates and Pilots (MMP)

International Chamber of Shipping
(ICS)
 Lake Carriers Association (LCA)
 Passenger Vessel Association (PVA)
 Shipping Federation of Canada
 Transportation Institute (TI)

 In
excess of 90% of vessels calling
in US ports
 Engaged in domestic and
international trade
 US and non-US flag
 All vessel types (container, tanker,
specialty, tug/barge, bulk, cruise)







Identify key initiatives (legislation, regulation)
Individual associations conduct analysis of
initiative
Coalition conducts comparative analysis
(reality check and information sharing)
Outreach to association members for position
development
Coalition meets to develop position on issues
Comments or testimony developed (feedback
loop to association members)
Decision taken re: coalition comments versus
individual association comments

Legislation (Federal)
◦ Pre-introduction meetings with Congressional staff
◦ Influence development of legislation text prior to
introduction
◦ Develop Hill strategy post-introduction (ongoing
through enactment)
◦ Present testimony to committees/sub-committees
with jurisdiction over subject matter
◦ Respond to additional questions posed by Members

Regulation (Federal and State)
◦ Develop and submit formal comments to dockets
◦ Respond to additional questions posed by agency
promulgating regulations
12
Examples of Subject Matter
Addressed by Coalition (1)
 Ballast Water Legislation
 Vessel Discharge Legislation
 Maritime Security Legislation
 IMO ratification packages (Senate)
 Vessel Discharge Regulations (EPA VGP)
 Ballast Water Regulations (USCG)
 Air Emissions Regulations (USCG and EPA)
Examples of Subject Matter
Addressed by Coalition (2)
 California Ballast Water Regulations (standards
and sampling/compliance monitoring)
 New York State Ballast Water and Graywater
Regulations
 State 401 certifications to VGP
 California Biofouling Regulations
 California No Discharge Zone for Sewage
 Pending litigation and request/need for amicus
filings
Case Study – BW Management (1)
 1990 – US enactment of Nonindigenous Aquatic
Nuisance Prevention and Control Act (NANPCA)
 1991 – IMO Guidelines (MEPC Resolution 50(31))
 1993 – IMO Assembly Resolution A.774(18) urging
continuous review of guidelines with view to
developing legally binding requirements
 1996 – National Invasive Species Act (NISA)
 1997 – IMO Assembly Resolution A.868(20)
 1998 - regulatory implementation of the National
Invasive Species Act of 1996 (voluntary program)
Case Study – BW Management (2)
 2003 – CA Marine Invasive Species Act
 2004 – final rule mandating use of BWE as
management tool based on low compliance rates
with voluntary program plus reporting and
recordkeeping
 2005 – legislative proposal (Inouye)
 2008 – industry amicus in NW Environmental
Advocates vs. EPA (9th Circuit Court of Appeals)
 2008 – CA Marine Invasive Species Act amended
 2008 – EPA final VGP 1.0
Case Study – BW Management (3)
 2008 to current – state 401 certifications (CA, NY,
WI, PA)
 2009 – legislative proposal (Oberstar)
 2009 – CA Marine Invasive Species Act amended
 2010 – CA Marine Invasive Species Act amended
 2011 – finalized studies by NAS and EPA SAB
 2011 – EPA proposed VGP 2.0
 2011/2012 – legislative proposal (LoBiondo); draft
text in Senate
Case Study – BW Management (4)
 2012 – USCG final rule on ballast water treatment
 2012 – CA proposed rule on sampling and
compliance monitoring
 Ongoing – technology availability studies (IMO,
USCG and CA)
 Pending – entry into force of IMO BW Convention
 Pending – US ratification of IMO BW Convention
 Pending – US type approvals
 Pending – State 401 certifications to VGP 2.0
CONTACT INFORMATION
Kathy Metcalf
Director, Maritime Affairs
Chamber of Shipping of America
1730 M Street, NW
Suite 407
Washington, DC 20036
Kmetcalf@knowships.org
202.775.4399
19