Florida

Florida waters are part of the North American Emission Control Area and as such MARPOL Annex VI regulation 14 & regulation 4 apply. While discharges from EGCS are allowed and there no specific restrictions contained within the 2013 VGP, 2 ports, Port Canaveral and Port Everglades have local regulations controlling discharges from scrubbers:

Port Canaveral

The following can be found at https://www.portcanaveral.com/Cargo/Port-Tariff. (Rule 205 gives the port’s geographic location):

Canaveral Port Authority Tariff No. 16, Rule 500: Discharging /throwing trash, refuse and/or garbage into waterways

It shall be unlawful for any person, company or corporation to deposit, place or discharge into the waterways of Port Canaveral either directly or through private or public sewers, any sanitary sewage, garbage, dead animals, gaseous liquid or solid matter, petroleum product, calcium or carbide, trade waste, tar or refuse, ship engine exhaust scrubber washwater effluent discharge, or any other matter, which is capable of producing floating matter or scum on the surface of the water, sediment on the bottom of the waterways, turbid water within the water column, or the odors and gasses of putrefaction. In addition, all applicable federal, state and local laws, rules or regulations pertaining to air and water pollution shall be rigidly observed.

Vessels discharging oil from bilges or tanks into the waters of Port Canaveral will be reported to the U.S. Coast Guard. All vessels, their owners or agents, and all other users of CPA facilities, shall be held responsible for any such discharges caused by them.

CPA reserves the right to undertake any assessment or corrective action deemed necessary or prudent to protect public health or property. The cost of assessment and corrective action plus 50% will be assessed to vessel causing such discharge.

Port Everglades

The following can be found in Section Ten: Security, Safety, Damage and Environmental – Rules, Regulations & Fees at https://www.porteverglades.net/development/tariff/. (Section One on the same webpage gives the port’s geographic location):

 Tariff No. 12, Item No. 1015 − Discharge of pollutants and nuisances.

The discharge of ballast water and a ship engine exhaust scrubber washwater effluent from a vessel in Port Everglades harbor is prohibited unless performed in conformance with Chapter 27, Pollution Control, Article V, 27-193(b)(3)a., of the Broward County Code of Ordinances. Broward County Environmental Protection and Growth Management Department (“EPGMD”) retains jurisdiction over all ballast water and ship engine exhaust scrubber washwater effluent discharge activities at Port Everglades, including, but not limited to, enforcement actions.

IMPORTANT NOTES FOR SHIP OPERATORS

Boward County Code of Ordinances 27-193(b)(3)a (click here to view the Boward County webpage):

(3) Non-domestic wastewater:

a. New discharges prohibited: After March 12, 1984, no new non-domestic (except stormwater runoff) discharge to surface waters or to ground waters is permitted, suffered, or allowed except as provided for under a county license valid on the aforementioned date and renewed per section 27-60 since March 12, 1984, or as may be allowed for non-domestic stormwater discharges. Non-domestic wastewater discharges existing on March 12, 1984, and in use since that time shall not be increased in quantity or decreased in quality, unless approved by EPGMD upon demonstration that the activity does not pose a significant threat to the public health or environment.

It should also be noted that any discharges must comply with Sec. 27-195. – Water quality standards & Sec. 27-196. – Effluent standards, and that Sec. 27-195. Table 1 contains an extensive list of parameters, substances and limits, including PAH, turbidity (10 NTU), pH (6.5) and various metals that are relevant to EGCS.

Brazil

Brasil Directorate of Ports and Coasts (DPC) Circular No 7/2019, 22 November 2019, confirms that all ships in Brazilian territorial waters and national ports must comply with the MARPOL Annex VI requirement to use fuel with a sulphur content no greater than 0.50% from 1 January 20 (paragraphs 3.1 and 3.2). EGCS are allowed as an alternative method of compliance (see paragraphs 3.3 and 3.4), provided the equipment is approved, has documentation and is operated as per MEPC.259(68) Guidelines for Exhaust Gas Cleaning Systems. (Click here to view circular)

DPC circulars can be viewed at https://www.marinha.mil.br/dpc/circular

It should be noted that there have been reports by P&I club corresponents in Brazil (e.g. https://proinde.com.br/news/brazilian-maritime-authority-changes-position-on-open-loop-scrubbers/) that discharges from open loop EGCS were or were to be prohibited in Brazilian waters, however it appears that the advice of regulators has been changing and there is no formal notice to this effect, so Circular No.7/2019 still applies.

A number of sources also cite a statement by Vale S.A. dated 20 December 19 recommending that to comply with Brazilian environmental law ships only use Low Sulphur Fuel Oil within 24 nautical miles of the Brazilian Coast. Also that EGCS wash water should not be discharged overboard within Brazilian waters or while inside the Vale S.A. ports and terminals of (i) Ponta da Madeira, (ii) Tubarão & Praia Mole Complex and (iii) Ilha Guaiba. Owners/Masters may be asked to provide written confirmation of compliance while inside Vale’s ports and terminals. Non-compliance could result in berthing being rejected and owners being responsible for associated costs.

Vale port regulations can be found at https://www.vale.com/logistics (click on the port name). It should be noted that the above Vale statement regarding no EGCS discharges appears not to be in any of the regulation documents.

Argentina

02 October 2020

The prohibition of EGCS discharges from national & foreign registered ships is suspended due to the coronavirus/COVID-19 pandemic. (It is reported locally that the suspension is temporary).

The Google English translation of Argentina Naval Prefecture Directorate of Environmental Protection, Provision 22/2020, DISFC-2020-22-APN-DPAM # PNA, states “That the current situation makes it impossible to transfer specialized personnel to carry out monitoring campaigns and data collection on the discharges of the SLDGE [EGCS] washing waters or equivalent technologies carried out by the ships.

The full text of the latest provision, can be found here in Spanish.

Alternatively click here for a Google English translation.

10 August 2020

Argentina Naval Prefecture Directorate of Environmental Protection, Provision 15/2020, DISFC-2020-15-APN-DPAM # PNA states that as of January 1, 2020 fuel oil with a sulphur content of [no more] than 0.50% is required under MARPOL Annex VI regulation 14 and notes the increasing use of EGCS under MARPOL Annex VI regulation 4.

Citing the National Constitution and various legal instruments MARPOL Annex VI has now been incorporated into Argentine law, however the discharge of EGCS wash water into Argentine martime and river waters has been prohibited.

The full text of the provision can be found here in Spanish.

Alternatively click here for a Google English translation.

Bermuda

Bermuda’s Environmental Policy for Ships can be found at https://www.gov.bm/environmental-policy-ships

Key (abridged) points for vessels  in Bermuda’s territorial waters include:

1. A ship staying in Bermuda’s territorial waters for a cumulative total of 7 days or longer within one year shall make application for Operating Licences for Controlled Plant……

3. The maximum allowed sulphur content in fuel for Controlled Plants is 2.0%. Ships equipped with Exhaust Gas Cleaning Systems (EGCS) shall seek the prior approval of the Environmental Authority before its use in Bermuda’s territorial waters. Washwater and residue from the EGCS shall be not disposed of in Bermuda or discharged into Bermuda’s waters but shall be stored on board the ship until outside of Bermuda’s waters.