Management of Ship’s Waste On-board and Ashore : MARPOL Annex V Roundtable Discussion

1. Management of Ship’s Waste On-board and Ashore: MARPOL Annex V Roundtable Discussion Presented by : North American Marine Environmental Protection Association West Gulf Maritime Association, Houston, TX Capt. David Condino, USMM, CIV HQ USCG Office of Port and Facility Compliance (CG-FAC-2) United States Coast Guard

2. MARPOL and the US Coast Guard • Promote Safety and environmental stewardship • Encourage pollution prevention policy internationally, nationally and locally • Keep industry on the move with minimal delays • Encourage best practice methodology and use of technology by working with industry and IMO Member States

3. IMO Guidance to Member States “MARPOL provisions require the government of each party to ensure the provision of adequate port reception facilities without causing undue delay.” “…failure to establish adequate facilities is a breach of international obligations and will increase the risk of illegal discharges from ships.” “…ship operators will favor ports with good services at reasonable cost.”

4. National Legislation • US incorporates MARPOL regulations in the Act to Prevent Pollution from Ships (APPS) as Codified in 33 CFR 151 and 33 CFR 158 (Reception Facility Regulations) • Other countries may have variations based on Their ownNational environmental priorities

5. US Coast Guard’s Certificate of Adequacy (COA) Program: (33 CFR 158) • MARPOL Applies to Ships and to ports and terminals Ports and Terminals must provide Port Reception Facilities (PRF) for Ships

6. Who Must Have a COA?Who Must Apply? • 33 CFR 158.135: “To continue to receive ships, a port or terminal must hold one or more Certificates of Adequacy” (See Criteria) • 33 CFR 158.140: “To continue to receive ships at a port or terminal required by 158.135 . . . the person in charge must apply to the Coast Guard . . .”

7. Reception Facility Applicability Who Must Provide Them: 33 CFR 158 • Annex I – Receives ships 400 GT or more w/ oily mixtures • Annex II- Receives ships carrying NLSs • Annex V- Receives Annex I or II ships or fishing vesselswhich offload 500K lbs/year of fisheries product. In the US All terminals must provide MARPOL V reception facilities including small recreational marinas not requiring certification • Annex VI – Stack Scrubber Residues and Ozone Depletion Substances

8. 33 CFR 158.115 • Penalties for violation: “a person who violates MARPOL . . .” “$25,000. . .EACH DAY”

9. Port Reception Facilities can be: • Private Companies such as waterfront facility/land owners (piers, basins, docks, quays, terminals) • Public enterprise or a combination (Municipally, i.e. federal, state, city owned/operated ports or terminals) • A port may determine their own cost considerations (Fixed Port Fees, Tonnage Tax, Commercial transaction?) But they should be reasonable.

10. Guide to Good PracticeFor Port Reception Facility Providers and Users • A General Guidance document in the form of an IMO Circular: MEPC.1/Circ.671 • Downloadable from GISIS website: http://gisis.imo.org/Public/ • Definitions and suggestions for ship owners/operators and reception facility operators • Inadequacy Reporting and Advance Notice and Waste Receipt Forms

11. Reception Facility Adequacy: What determines Adequacy? • Timeliness: US Coast Guard Certificate of Adequacy (COA) program in keeping with IMO Guidance • Annex I – Must receive oily mixtures w/n 24-hrs of notice & must complete transfers w/n 10-hrs for ballast water & within 4-hrs for other oily mixtures. • Annex II – Must receive residues w/n 24-hrs of notice & must complete transfers w/n 10 hrs. • Annex V – within 24-hrs of notice including for Quarantine Waste(Protecting Public Health) • Annex VI – Must receive ODS and Stack Scrubber Residues

12. PORT RECEPTION FACILITIES (Operational Adequacy and Best Practices) • Conform with national and local permitting schemes or licensing required by environmental and public health laws concerning waste handling • Must be arranged so as not to interfere with port or terminal operations • Must be conveniently located so it can be easily found and use is not discouraged • Must be situated so that wastes and residues removed from ships cannot readily enter the water

13. Inadequacies at Port Reception Facilities; a big issue for many ship operators. REPORT INADEQUACIES!! • The Coast Guard investigates all allegations of inadequacy at PRFs and may examine: • Waste stream logs for waste streams from vessels • Hazardous Waste Manifests • Cargo and Bunker Transfer Documents • Advance Notice and Waste Receipt Forms on-board and at PRFs • Report Inadequacies to the Captain of the Port (COTP) by any means (33 CFR 158.167) • Use of the standard format for reporting alleged inadequacy of PRFs to the IMO (MEPC.1/Circ.469/Rev.1)

14. Port Reception Facility Toolbox for Ship Owner/Operators and Port Operators: • IMO’s Global Integrated Shipping Information System (GISIS) http://gisis.imo.org/Public/ • Use of the IMO PRFD as the primary source for information about port reception facilities worldwide • Reports of Inadequacy and Investigation Results provided to IMO (Legal and Regulatory Compliance Division) • Standardized Advance Notice and Waste Receipts approved and available for download as MEPC.1/Circ.644 and Circ.645 • “Guide to Good Practices”for PRF users available on GISIS website • Some Port States may be able to provide their own web based information (example: USA has its Coast Guard Maritime Information Exchange (http://cgmix.uscg.mil/MARPOL/Default.aspx)

15. Other Issues Affecting Ship Owners/Operators and Port Operators • Special Area Designation • ISO Standards for Shipboard and PRF waste management • Quarantine Wastes Cruise ship at a US port preparing to leave for a week-long voyage to the Caribbean!

16. Wider Caribbean Region Special Area (WCR SA)

17. ISO International StandardFor Waste Handling On-board Ships • ISO 21070 (Published 2011) • Waste Segregation • Storage • Waste Minimizing • Waste Handling Equipment

18. ISO StandardFor Waste Handling at Port Reception Facilities (in Development) ISO 16304 (Published 2012) • Waste Segregation • Storage • Waste Minimizing • Waste Handling Equipment • Recycling • Local and National Regulations • Treatment technologies at the port

19. Regulated Wastes (quarantine): Animal and Plant Health Inspection Service (APHIS) • US Ports must be able to receive APHIS regulated garbage within 24-hrs of notice(Protecting Public Health) 33 CFR 158 Part D – It is the law!!

20. Summary - Conclusions • The Way Forward for Cleaner Oceans: • Adhering to Best Management Practices for Management of ships waste Aboard and Ashore • Enhanced Record Keeping and Reporting for ship owners/crews and Port/Terminal operators. • Embracing Concepts of “Cradle-to-Grave” management of ships’ waste and principles of Reduce, Re-use and Recycle • Widest distribution of guidance and standards for waste handling/management/technology and responsible and environmentally safe ultimate disposal • Working toward keeping ships’ waste out of the oceans.

21. Thank You!Questions?COA Program Contact Info: David Condino, CG-FAC-2, Facility Safety Branch Office: +1-202-372-1145 David.A.Condino@USCG.MIL