US DEVELOPMENTS – December 2023
Circular Ref: A(24)08
Issue Date: 17 Jan 2024
The report at Annex A:
- Identifies the Energizing American Shipbuilding Act (S 3467), which requires escalating percentages of US LNG and crude oil exports to be transported by US- built, US-flagged vessels. Qualifying ships would need to undergo shipyard work in US shipyards as the bill aims to enhance the domestic shipbuilding industry as well as national security. Similar past legislations have faced opposition and were unsuccessful;
- Reports that the Renewable Fuel for Ocean-Going Vessels Act (HR 6681) adds “fuel for ocean-going vessels” to the EPA Renewable Fuel Standard, promoting renewable fuel with specific greenhouse gas reduction criteria and tradable renewable identification numbers (RINS) for compliance.
- Updates that there has been no action on the following legislations: American Port Access Privileges Act (HR 1013), Clean Shipping Act of 2023 (HR 4024), International Maritime Pollution Accountability Act (S 1920), Ocean Shipping Antitrust Enforcement Act (HR 1696), Ocean Shipping Reform Implementation Act (HR 1836) and Stop Harboring Iranian Petroleum (SHIP) Act (S 1829/HR 3774).
- Provides the CSA submitted comments on the Environmental Protection Agency (EPA) Supplemental Notice of Proposed Rulemaking (EPA VIDA Regulations) regarding Vessel Incidental Discharge National Standards of Performance. The EPA addressed five key issues:-
- Ballast Water: CSA supports retaining the current discharge standard, equivalent to the IMO Ballast Water Convention, citing practicality and the need for diverse ballast water management systems.
- Best Management Practices: CSA opposes including certain provisions due to operational challenges, suggesting their consideration in vessel management plans if practical.
- Equipment Standard for New Lakers: CSA supports the Lake Carriers Association’s objections, questioning the legal basis and feasibility of imposing equipment standards for new Lakers.
- Biofouling – Hulls: CSA generally supports new proposals but objects to regulating active biofouling under the Clean Water Act, favouring VIDA regulations for consistency.
- Greywater: CSA supports exempting untreated greywater discharge for vessels with less than 15 people but suggests raising the threshold to 25. They disagree with EPA’s assumption on advanced wastewater treatment systems’ efficiency for smaller crews and support holding tank requirements for vessels over 25 people. CSA believes the ideal solution for greywater discharges lies with the International Maritime Organization.
- Informs that California requires vessels to submit the Annual Vessel Reporting Form (AVRF) at least 24 hours before arrival, while Ballast Water Management Reports (BWMR) are required 24 hours before arrival or upon departure for short voyages. Separate BWMRs are needed for each California port arrival. Alternative AVRF submission methods are also available upon request.