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Susan Geiger, Partner K&L Gates Maritime Group September 24, 2009

Land, Sea, and Air: Major Environmental Changes Underway for the Maritime Industry and the Nation’s Waterways. Susan Geiger, Partner K&L Gates Maritime Group September 24, 2009. Land. New Regulatory and Enforcement World EPA Vessel General Permits Air emission regulations. Sea.

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Susan Geiger, Partner K&L Gates Maritime Group September 24, 2009

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  1. Land, Sea, and Air:Major Environmental Changes Underwayfor the Maritime Industry and the Nation’s Waterways Susan Geiger, Partner K&L Gates Maritime Group September 24, 2009

  2. Land • New Regulatory and Enforcement World • EPA • Vessel General Permits • Air emission regulations

  3. Sea • Major new restrictions on vessel discharges • And more to come

  4. Air • Air emission restrictions are just beginning

  5. Land, Sea, and Air • Why Now? • What Now? • What Next?

  6. Why Now? • Laws to protect our waterways are more than 100 years old • Refuse Act of 1899 • Increased global awareness • Climate change • Clean and green • Reductions in other sources leaves vessel emissions as a large and growing percentage • Improvements in technologies • Not the best record

  7. What Now? Vessel General Permit • Just the skeleton of what is to come • Ballast water • Others • Incorporates “best management practices” as an interim measure • Further EPA “guidance” expected

  8. What Now? VGP • Why is this a major change? • Report and make public • Inspection and entry • Sample and monitor • Sign and certify • New enforcement tools • New enforcement personnel • New types of enforcement

  9. What Now? • VGP Enforcement • Corrective action reporting • Treasure trove for citizen suits? • 24,000 vessels subject to the permit • If only 1% have a violative condition each year, that equals 240 enforcement actions

  10. Judicial Appeals Relating to the VGP in Federal and State Courts

  11. What Now? Ballast water regulations • Proposed by Coast Guard, not EPA • EPA can add its own requirements • Moving from best management practices to numerical standards • Applied to domestic as well as international trading • $1 billion cost • Small companies bear the most significant cost • Comments due November 27, 2009

  12. What Now? Air emission restrictions for Category 3 engines • Adoption of Annex VI • Submission of US/Canada ECA proposal to IMO • Draft regulations would apply ECA limits to internal as well as coastal areas • Unintended consequences?

  13. 2011-2016 Many Environmental Changes for the Maritime Industry

  14. What’s Next? • Climate Change • Possible new CO2 air emission restrictions • Bunker tax to provide funding used as an incentive to less developed countries? • Maritime spatial planning • Zoning for the oceans?

  15. What’s Next? • Marine debris • Upcoming focus • Sewage discharges • Petition filed for EPA to develop stricter regulation of Type II MSD

  16. What’s Next? • New environmental claims? • Propeller wash disturbing PCB-contaminated sediments by an engine testing facility can support operator liability under Superfund • Criminal violations of Non-Indigenous Aquatic uses and Prevention Control Act brought against the captain and chief officer of a vessel for ballast tank violations • Consolidations and modal shifting? • Many more changes to come

  17. Any Questions?

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