US Coast Guard Implementation of MARPOL Annex IIbbbbb

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US Coast Guard Implementation of MARPOL Annex
IIbbbbb

• By Tom Felleisen

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Disclaimer

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

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Changes to MARPOL Annex II

• Simplification

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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

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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)

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Vegetable oils and Animal Fats

• Existing Annex II Not en routeNo underwater
  discharge

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Vegetable oils and Animal Fats

• Existing Annex II Not en routeNo underwater
  discharge
• Implemented differently by US

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Changes to MARPOL Annex II

• Simplification
• Align with the Globally Harmonized System for
  Classification and Labeling of Chemicals
• Parallel Processes Unclear outcome

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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

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Ship Typing

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

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Rulemaking

• Requirements of the Administrative Procedures Act

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Rulemaking

• Requirements of the Administrative Procedures
  Act (APA)
• APA precludes private disclosure concerning
  rulemaking (Ex Parte Communication)

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Rulemaking

• Requirements of the Administrative Procedures
  Act (APA)
• APA precludes private disclosure concerning
  rulemaking (Ex Parte Communication)
• Start of rulemaking in Spring 06

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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

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Rulemaking Process

• Advance Notice of Proposed Rulemaking
  (ANPRM)Requests comments from public
  Indicates the Agencys intentions

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Rulemaking Process

• Advance Notice of Proposed Rulemaking (ANPRM)
• Notice of Proposed Rulemaking (NPRM)Gives
  proposed regulatory language for rulemaking
  Requests comments on rulemaking

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Rulemaking Process

• Notice of Proposed Rulemaking (NPRM)
• Advance Notice of Proposed Rulemaking (ANPRM)
• Final RuleWhat we USCG and Public - need to
  live with

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Rulemaking Process

• Notice of Proposed Rulemaking (NPRM)
• Advance Notice of Proposed Rulemaking (ANPRM)
• Office of Management and Budget (White House)
  review
• Final Rule

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Rulemaking Process

• Total rulemaking time many monthsto well
  over a couple of years

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MAPOL Annex II

• Effective Date 01/01/2007

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Interim Measure

• Navigation and Vessel Inspection Circular
• (NVIC)

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Navigation and Vessel Inspection Circular

• Elective alternative to current MARPOL Annex II

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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

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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

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Some Current Problems

• LatexLargest employer in Liberia,which
  supported MARPOL Annex IIrevision

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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

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Some Current Problems

• Latex
• Some vegetable oils

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Some Current Problems

• Latex
• Some vegetable oilsNo testing
  yet Perilla Rice Bran Safflower etc.

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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