801 - 12/11 - Enhanced Sulphur emission regulations - California USA


The Club has become aware that three new Marine Notices were recently issued by the California Air Resources Board (CARB), which may significantly affect Members that call California and the Western United States.
robert.shababb@thomasmiller.com

A full text of the Notices can be found on the California EPA website:  http://www.arb.ca.gov/ports/marinevess/ogv/ogvadvisories.htm and are also attached to this Loss Prevention Bulletin.

Marine Notice 2011-3
Details the Noncompliance Fee Provision for non compliant vessels that operate within 24 nautical miles of the Californian Baseline.  This requirement will be enforced as of 1 December 2011. More stringent standards are planned to be phased in over time. This provision allows vessel operators to pay a fee rather than comply with the new low sulphur emissions standards.  However Members should bear in mind that these fees are substantial.  For example, the fee for a first time non-compliant visit to a California port is $45,500 and increases with each subsequent visit.  Additionally, there are notice requirements that need to be given, which alerts the relevant authorities of the non-compliant visit.


Marine Notice 2011-4
Vessels within 24 nautical miles of the California Baseline are required to keep enhanced records. Vessel operators are subject to substantial penalties under Californian state law if the required records are not kept.  Please find full instructions and sample forms on the website listed above or in the attached documents.


Marine Notice 2011-5
Provides vessel operators with a safety exemption for not following the requirements of the regulation.  This exemption could be used when compliance would endanger the safety of the vessel, its crew, its cargo or its passengers due to some extraordinary reasons beyond the Master’s reasonable control.  Within 24 hours after the episode during which the exemption is used, the Master must contact CARB and claim the safety exemption.  Finally, the Master must submit within four working days after notification of the safety exemption, all documentation to verify that these conditions did exist and submit steps that will be taken to avoid or minimize the possibility of a reoccurrence.


The Club advises members who are likely to call at Californian ports in the future to make themselves familiar with these new regulations and to visit the California EPA website regularly to ensure they are compliant at all times.




Source of Information:   
Robert Shababb
Thomas Miller (Americas)
robert.shababb@thomasmiller.com


Industry developments

Polar Shipping

Legal, navigational and environmental resources, news and updates on the development of polar shipping. Read more


US VRP Compliance

With effect from 30th January 2014 non-tank as well as tankships calling at US ports will be required to submit VRPs.  For Club and other resources to assist in compliance click here


International Environmental compliance

Environmental Compliance resource page collates material in respect of International environmental compliance issues affecting our Members. Information from the Club, Loss Prevention and external resources has been collated in one place for ease of reference.


MLC 2006

The Maritime Labour Convention enters into force in August 2013 - resources, news & advice on implementation can be found in this dedicated section.  READ MORE


International sanctions

Recent guidance & corresponding material in respect of international sanctions against various countries has been updated with respect to temporary easing of sanctions against Iran.  READ MORE


Piracy

Essential precautions and preparation against piracy, as well as additional information and resources, loss prevention advisories and useful external web links


Emergency Contacts


If you need to call our offices out of hours and at weekends, click After Office hours for a up to date list of the names of the Duty Executives and their mobile phone numbers. 

Ship Finder


This Ship Finder is updated on a daily basis. Members who need to advise the Club of updates to their recorded ships' details should advise their usual underwriting contact.