Hawaii

/in /by

Hawaiian 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, these are subject to conditional Section 401 Water Quality Certification (WQC), the additional requirements of which are given in 2013 VGP section 6.7.

In particular, attention is drawn to the following abridged paragraphs:

6.7.1 ….. conditional Section 401 WQC covers the discharge from an applicable vessel of one or more of the following 27 categories of effluent that have received the best control or treatment into waters of the State of Hawaii…..

6.7.5
(a) Pursuant to HAR, §11-54-4(a), all waters shall be free of substances attributable to the discharge activities authorized under this conditional Section 401 WQC and EPA 2013 VGP…..

(b) Discharges authorized under EPA proposed 2013 VGP shall not cause the applicable specific water quality criteria to be violated in the receiving waters of the State of Hawaii. When conflict occurs, the most stringent limitation applies. Applicable specific water quality criteria are:
…..
…..
(4) HAR, §11-54-6 Uses and specific criteria applicable to marine waters;
(5) HAR, §11-54-7 Uses and specific criteria applicable to marine bottom types;
…..

(c) Parameter and Limitation contained in Table 6.7.1, below, applicable to all discharges from a vessel:

Hawaii Administration Rules Title 11, Chapter 54 (HAR §11-54) can be found here at the State of Hawaii, Department of Health, Clean Water Branch website. Note there is no specific reference to discharges from EGCS in the rules.

Vessel operators should be aware that EGCS (and open loop systems in particular) may not be able to discharge overboard if:

  • The system has no wash water treatment, so the discharge has not received ‘best control or treatment’
  • The discharge cannot meet limits in Hawaii Administration Rules Title 11, Chapter 54 and VGP table 6.7.1