USCG / EPA Collaborate on Enforcement

The U.S. Coast Guard and the U.S. Environmental Protection Agency have recently signed a memorandum of understanding (MOU) regarding the enforcement of MARPOL Annex VI.  MARPOL Annex VI deals with air pollution from vessels.  I used the word "vessels" because this Annex has wide applicability and does not only apply to ships or vessels on an international voyage. In fact in the U.S. Coast Guard had previously published enforcement guidance specifically for enforcing this Annex on U.S. vessel of any gross tons, not on an international voyage. This recent MOU explains each agency's role in the enforcement of the Annex. It comes in the wake of the MOU earlier this year between the same two agencies regarding the enforcement of the Vessel General Permit (VGP).Vessel operators should pay close attention to these two requirements.  These agencies have differing approaches to enforcement and assumptions should not be made that what may have been accepted in the past will be accepted in the future.I recently spoke with the EPA VGP program manager who explained that the VGP is currently being actively enforced.  His assessment was that vessels that have adopted a compliance management system seem to be the most successful during enforcement boardings.  He further explained that the more specific answers received from captains the better.  His expectation is that if the inspection required by the permit is to look for sheen, foaming, dust, chemicals, abnormal discoloration, then that should be what the captain explains they look for, and not a generic answer that an inspection is done.Please consider joining us for an important workshop in New Orleans on July 29th where we will work on these two MOUs as well has some successful compliance management strategies.