RADM James A. Watson
Director, Prevention Policy
U.S. Coast Guard
United States
Coast Guard
Port State Control
 9,260 individual vessels, from 90 different Flag
Administrations, made more than 76,000 U.S. port calls
 Performance based targeting (matrix) system taking into
account history of Flag, Recognized Org, Class Society, &
Ship Mgmt/Charterers performance
• Detention Ratio is Low:
1.86%
•Typical reasons:
Firefighting
MARPOL
Propulsion & Machinery
ISM Code
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Coast Guard
Rewarding the Best
 QUALSHIP 21
 Rewards Highest Performing vessels flagged by an eligible Flag Administration
 Subject to fewer CG inspections
 Internationally recognized program sought out by charterers, etc
 Difficult criteria must be met through vessel performance, flag performance, etc
 Less than 400 vessels enrolled
Flag States that are QUALSHIP 21 eligible in 2011
Barbados
Hong Kong
Russian Federation
Canada
Isle of Man
Sweden
Cayman Islands
Japan
Switzerland
Denmark
Liberia
Thailand
France
Malaysia
United Kingdom
Germany
Marshall Islands
Vanuatu
Greece
Norway
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Coast Guard
Collective Responsibilities
Environmental stewardship has a hierarchy of
responsibilities!
Owners/Operators
Crewmembers
Flag State
Classification Societies
Coastal State
Port State
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Coast Guard
Environmental Compliance
INTENTIONAL DISCHARGES CONTINUE TO OCCUR
AT AN ALARMING RATE.
• Owner Operators need to:
• Know what’s going on onboard your vessels.
• Know the waste streams and quantities produced.
• Know the effectiveness of your pollution prevention equipment.
• Upgrade as needed.
• Implement an Environmental Management System
METHODS –
“As many as a mate or
engineer can imagine.”
Removal of valve internals
to allow discharge of wastes
via other systems.
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Coast Guard
Simple bypass.
Bold discharges in
the Indian Ocean.
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Coast Guard
Discharges using MARPOL
shore connection.
Discharges using crossover from bilge mains to
Main Bilge and Ballast
pumps.
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Coast Guard
Prevention / Detection
- International Cooperation
- Interagency Cooperation
NOAA
EPA
FBI
- INTERPOL
- Better Intelligence
Cooperation with Marine
Intelligence Fusion Centers.
Side Looking
Airborne
Radar (SLAR)
- Greater use of imagery.
- Joint Agency Investigation Training
- Improvements in Investigator and
Inspector skill sets.
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Coast Guard
Criminal and Administrative Enforcement Tools
 Community Service Funds
 Environmental Compliance Plans
 Judicial Banning
 Barring entry to U.S. ports for non-compliance
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Coast Guard
Criminal Referrals
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Coast Guard
Community Service Funds
 Most sentences in environmental crimes cases
includes money set aside as community service
funds.
 Provides additional deterrence to environmental
crimes
 Must be reasonably designed to repair the harm
 Past community funds have supported:
 Regional wildlife restoration/preservation
 Seafarers education on compliance
 Marine sanctuary protection
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Coast Guard
Environmental Compliance Plans (ECPs)
 Typically 3 to 5 years
 Includes an audit of entire fleet or of the fleet that
makes voyages to U.S. ports
 Audits are conducted by third party auditors
approved by USCG and DOJ
 Majority of ECPs are court-monitored and part of a
company’s probation terms
 Some ECPs are voluntary
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Coast Guard
Judicial Banning
 M/V AMERICANA – STANSHIPS
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Coast Guard
USCG Banning Policy
• M/V COSETTE (Small Ro-Ro)
• Conducted frequent runs from
the US to Haiti (cargo = used/junk
cars)
• Frequent port calls were Miami,
NYC, Boston, and San Juan
• 8 IMO related detentions since
2006 (6 in 2009)
• 13 LODs since 2007
• 72 COTP orders imposed since
1999 (MISLEADING)
• BANNED by COMDT as of
29JAN10 for a minimum of 3
months. Owners must comply
w/requirements of COMDT’s letter
prior to lifting of banning
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Coast14Guard
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Banning Policy
(COMDT CG-543 Policy Letter 10-03)
 3 detentions in U.S. waters in 12-months (indicative of SMS
problems); or Vessels with history of accidents, pollution
incidents, or serious repair problems.
 Banned for a minimum of 3-months (3 vsls to date). For re-entry
into U.S. must demonstrate full compliance w/ISM (external &
flag State Audits, environmental compliance programs, etc)
 Vessels banned by other PSC regimes and subsequently detained
in the US with objective evidence of failed SMS may be banned
after one US detention.
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United States
Coast Guard
USCG Expectations
- Illegal discharge is not an acceptable cost of doing
business
- Environmental management must become part of the
corporate culture
- Owners/Operators should develop effective
Environmental Management Systems
- Flag State Administration must assume robust
oversight roles and responsibilities
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Coast Guard
USCG Environmental Crimes
Voluntary Disclosure
- Requirements for CMS (Compliance Management
System)
- Within 21 days of discovery
- # of Disclosures to date from Nov 2007 Policy
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Coast Guard
Vessel General Permit
 VGP MOU outlines
coordination and
cooperation between
EPA and the USCG
 MOU provides division
of labor
Since the signing of the USCG/EPA MOU Vessel
General Permit program:
• only 222 USCG documented VGP inspection
deficiencies:
- 71 were issued to domestic vessels
- 151 issued to foreign flagged vessels
- 1 deficiency under the VGP program
was forwarded to EPA
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 USCG – compliance
examinations
 EPA – enforcement
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Coast Guard
Ballast Water Management –
Regulatory Development
Ballast Water Discharge Standard NPRM establishes:
 Phased Approach
 IMO Standard initially
 1000 times more stringent than IMO after 2016
 Practicability Review will determine if 1000x standard can
be met.
 If Practicability Review determines 1000x cannot be met,
then intermediary standards established.
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Coast Guard
Emission Control Areas
 ECAs control the emissions of SOx and particulate matter
(PM) as well as NOx emissions
 There are currently two ECAs approved at IMO that affect US
waters:

North American ECA – approved. Compliance within ECA will be
required in August 2012.

Caribbean ECA – approved. Compliance will be required in January
2014.
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Coast Guard
Emission Control Areas
 Enforcement would be done in port:

For SOx/PM, this would be accomplished by checking bunker delivery notes,
logs and where considered necessary, requiring the fuel sample required under
MARPOL Annex VI to be tested.

For NOx, this would be done by checking the international engine certificate –
aka the Engine International Air Pollution Prevention Certificate (EIAPP
Certificate), and if determined necessary, require the engine compliance be
verified thru the Administration-approved “Verification Procedure” as required
under MARPOL Annex VI.
Effective date
New Sulphur limit
1 March 2010
Old Sulphur limit
ECA 1.50%
Sulphur
S Cap
1 March 2015
1.00% S
0.10% S
1.00% S
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Coast Guard
Energy Efficiency Design Index
 Design standard which will increase vessel fuel economy.

Mandatory EEDI approved at IMO as a new chp to MARPOL Annex
VI

Applies to new and existing vessels

Prefer a market-based system which will incentivize efficiency
improvements

Not supportive of a fuel tax or an
emissions trading system
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Coast Guard