USA West Coast: Effective August 1st, 2012, all vessels operating within the ECA are required to burn 1% LSFO
- USCG will be monitoring and enforcing the regulation.
- Vessels that do not have LSFO onboard are requested to file a non compliant fuel oil report 96hrs prior to arrival at a US Port.
- If a non compliant vessel fails to file a non-compliance report prior to arrive, the USCG will request the vessel to do so.
- We understand that the non-compliance report will be reviewed by the EPA as it documents the efforts made by the owner/operator to procure LSFO prior to entering the ECA.
- Vessels that are non compliant can:
- Receive compliant fuel prior to departure
- Prove that the vessel will be receiving compliant fuel at next US Port
- If compliant fuel is not scheduled for purchase at the current or next US Port or the vessel owner/operator does not intend to purchase/supply compliant fuel
- Vessel will be informed that the owner/operator is subject to a separate Marpol Annex VI violation for each day of operation that the vessel is not in compliance.
- Vessel will not be detained but will be issued a CODE 50 deficiency, “to be rectified within 30 days”
- The USCG will be referring all ECA related deficiencies to the EPA for possible administrative penalties, and/or judicial action
- After August 1st, 2012 the USCG/EPA may also consider past non compliant transits of the ECA (Canadian Ports or US Ports) when determining if a fine or other penalty is warranted.
Canada West Coast: Effective August 1st, 2012, all vessels operating within the ECA are required to burn LSFO
- Transport Canada has announced that they will not be enforcing the regulation until November 1st 2012, but they will be monitoring as of August 1st, 2012
- Vessel that are found to be non compliant will be informed of the regulation by the Port State Control Inspector
- The master maybe requested by the Port State Control Inspector to document, file a non compliance report, efforts made prior to arrival to supply LSFO
- At this time Transport Canada has not advised the enforcement and penalties that will commence after November 1st, 2012
- Vessels calling Southern BC ports and do not have LSFO onboard are not required to file a non compliance report with the USCG/EPA or Transport Canada as current regulations are interpreted but it is strongly suggested that non-compliant vessels do so as they could be requested to do so by Transport Canada on arrival at a Canadian Port or on a subsequent US Port Call.
Reporting can be done as follows 96 hr in advance:
Fuel Oil reports should be sent to the following email address firstname.lastname@example.org
Together with 96 hr PAIR report to email@example.com
LSFO is either not available or in very short supply on the West Coast of the USA and Canada. Both USCG and Transport Canada are expected to take this into consideration provided that the owner/operator can document the efforts that were made to procure compliant fuel before entering and while operating within the ECA.
It is important that the vessel be able to provide documentation confirming the efforts that were made to procure LSFO prior to entering the ECA or while operating in the ECA. This information is expected to be used by the EPA and Transport Canada (after November 1st, 2012) when determining if a monetary or judicial penalty warranted.