U.S. Ship Pollutant Emission Regulations VGP Vs VIDA

Preface

Shipowners, ship management companies, and seafarers place particular emphasis on the United States Coast Guard (USCG) Port State Control (PSC) inspections. This is because the USCG has not joined the nine global PSC regional memoranda of understanding but has instead established its own independent PSC inspection system: In addition to requiring ships to comply with various international conventions, vessels must also strictly adhere to and enforce U.S. maritime laws and regulations. The federal system in the U.S. further complicates this as each state has different standards and requirements for maritime regulations, presenting significant challenges for ships arriving at U.S. ports or navigating U.S. waters.

Improper management of ship pollution can be hazardous to local species, decrease water quality, introduce infections and invasive species, and ruin aquatic ecosystems. To address these issues, the United States federal government and several states have passed a number of rules and regulations controlling the release of hazardous substances. These laws govern and monitor pollution emissions from ships in order to safeguard aquatic ecosystems from the harmful impacts of such discharges.

The discharge permit system for water contaminants is a key component of the United States Clean Water Act. If ships entering US navigable waters fail to comply with pollution discharge standards, ship owners and crew members may risk serious economic fines or possibly legal ramifications.

Regulations on Ship Pollutant Discharges

NPDES:?Different discharge levels are regulated by the Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES) permit programme.

NPDES licences include rules for controlling ship pollutant sources, discharge limits, discharge standards, monitoring and reporting requirements, and other conditions to ensure that ship emissions do not degrade water quality or human health.

• VIDA (Vessel Incidental Discharge Act) will replace the EPA's NPDES Small Vessel General Permit (sVGP) and is set to be released in Autumn 2024. It states that routine operating emissions from small vessels or fishing ships, excluding ballast water, will not require an NPDES permit.

SB771:?California implemented the SB771 Act on January 1, 2006, which limits the discharge of oily effluent, sewage, and grey water from ships entering state waterways.

CWA (Clean Water Act): The United States CWA like China's Water Pollution Control Law, establishes a framework for restricting pollutant discharge into US waterways. It makes it unlawful to discharge any contaminants into US seas without a permit, including land-based and ship sources.

The CWA mandates shipowners, ship management organisations, and ships to conduct self-inspections to detect sources of pollutant leaks, prevent damage to pollution control equipment, and correct any possible breaches. This enables for the detection and correction of problems in order to remain in compliance with permit requirements.

Given the CWA's reliance on self-reporting by permit holders, the inspection, monitoring, and reporting of violations are critical. Any non-compliance can undermine the Vessel General Permit (VGP) program.

Currently, for ships navigating U.S. navigable waters, the USCG's inspection basis and focus are on the Vessel General Permit (VGP).

Vessel General Permit (VGP)

The VGP is a certificate granted by the US EPA for the release of pollutants from ships, which was first implemented on June 19, 2009, with a three-month grace period. The current version is the VGP 2013.

VGP 2013 took effect on December 19, 2013, and is also known as the "FINAL VGP 2013." It is organised into six chapters and nine appendices, with a five-year validity span from December 19, 2013 to December 18, 2018. Until the EPA publishes a comprehensive replacement for VGP 2013, the USCG has concluded that its requirements will remain in effect.

VGP 2013 Provisions

1. Vessels that fulfil the prescribed discharge requirements must proactively apply for the VGP with the EPA, as started by the shipowner or ship broker. The EPA issues the VGP to complying ships.
2. When there is a change in ship ownership or management company, a permanent cessation of operations in U.S. waters, or the EPA issues an individual discharge permit, the shipowner or broker must promptly submit a complete Notice of Intent (NOI) or Notice of Termination (NOT) as required by VGP 2013.
3. If the EPA does not reissue or replace the present VGP before its expiration date (December 19, 2013), the old VGP will remain valid.
4. Drydock inspection reports from the classification society or other appropriate body must be kept on board the vessel carrying the VGP in order for the EPA or its designated representatives to assess them. The owner of the vessel may unilaterally generate a drydock inspection report if such records are not accessible.

Obtaining VGP 2013

In order to receive the VGP, which permits the vessel to discharge in accordance with VGP standards, existing ships that are 300 GT or more, or those with ballast tank capacity greater than 8 m3, are required to submit a NOI to the EPA. Discharge permission applications (eNOI) are usually filed under the shipowner's or management company's name. The eNOI must be obtained by ships, and it is retroactive, at least seven days prior to the ship discharging pollutants in U.S. waters (local time). If the discharge permission is not secured in the allotted period, there are consequences. Any changes to the ownership, management, port of registry, classification society, tonnage, or pollution control equipment of a ship require updates.

The specifications of pollution control devices, such sewage treatment plants, ballast water treatment systems, incinerators, and oil-water separators, should match the data on the relevant product certificates that the classification society has issued.

VGP 2013 Annual Report

Shipowners or management firms must submit yearly reports to the VGP outlining their VGP actions for each of the permit's calendar years. Ships with a VGP are required to report their pollution emission from the prior year by February 28 of the subsequent year through the EPA website. The report details the vessel's time spent operating in U.S. waters, the results of its yearly drydock inspection, the discharge of pollutants covered by eNOI, and the condition of its ballast water treatment system. Employees of the firm located on land often gather data from the vessel, upload it to the EPA website, create the yearly report, and mail it to the vessel for onboard storage. The yearly report completes the permitting system by including drydock-related data that may not be updated in the eNOI.

Applicability of VGP 2013

1. All non-military and non-recreational ships that discharge pollutants into U.S. waterways, including territorial seas, and are 79 feet (24.08 metres) or longer, are subject to the VGP.
2. All commercial fishing vessels, regardless of size, including non-recreational vessels less than 79 feet are subject to the regulations on ballast water discharge. VGP 2013, USCG ballast water rules, and any relevant state and local government laws determine the criteria for discharge.
3. Shipowners and operators are subject to stringent rules in order to mitigate the detrimental impact of vessel emissions on aquatic bodies. When a vessel is within three nautical miles of U.S. waters, it is required to monitor 27 different types of pollutant discharges as mentioned in the VGP. These include ballast water, oily bilge water, and grey water discharges, as well as the use of environmentally appropriate lubricants for vessel oil-to-sea interfaces. They must establish corrective measures for permit violations and conduct inspections, monitoring, record-keeping, and reporting.

Use of Environmentally Acceptable Lubricants (EAL) in Ship Oil-Water Interfaces

The VGP requires the use of EAL?in ship oil-water interfaces in order to reduce the negative effects of lubricant leaks on the maritime environment. EAL lubricants are defined by the U.S. EPA as "biodegradable," "minimally toxic," and "non-bioaccumulative," and they satisfy certifications from organisations including DfE, Blue Angel, Nordic Swan, Swedish Standards, OSPAR, and European Ecolabel. Unless it is physically impractical, all commercial ships?longer than 79 feet (24.08 metres) that enter U.S. waters (within 3 nautical miles of the coast) are required to utilise EAL in oil-water interfaces.

The following scenarios are technically impossible:

1. There are no EAL products (such oil seals) that satisfy the requirements of the equipment maker.
2. There are no EAL alternatives for pre-lubricating equipment (such wire ropes); surplus lubricant should be removed before immersion to ensure safety.
3. When the ship calls at ports, it is unable to purchase EAL items that adhere to manufacturing standards.
4. Only during dry-docking may an EAL be used or replaced.

In circumstances when the use of EAL is technically impossible, the vessel owner or operator must write the reasons in the appropriate ship records. If required, send supporting documentation from the equipment maker. Non-EAL consumption must also be recorded on the yearly VGP report to the EPA.

The EPA usually believes that ships built after December 19, 2013 do not suffer technical infeasibility issues. "New vessels" can choose items that meet EAL criteria during the design and selection phase of stern tube systems. Alternatively, employing saltwater lubricating systems or air seal devices can get around EAL standards.

The EPA defines oil-water interfaces as "any sealing or surface of ship equipment designed to allow oil or oily mixtures to directly spill into surrounding waters; equipment immersed in water with an oil-water interface that can extend beyond the ship." The provision "Use of EAL in Ship Oil-Water Interfaces" has a considerable influence on vessel equipment selection and manufacturing, impacting technical requirements negotiations for new ship orders and equipment procurement (for example, lubricants and seals). Existing ships landing in or transiting through US waters bear additional charges.

Controllable pitch propellers (CPP), thruster hydraulic oil, and other components that may discharge lubricants into the sea from seals or surfaces, such as stern tubes, propeller bearings, anti-roll devices, rudder bearings, azimuth thrusters, podded propulsion systems, immersed wire ropes, and mechanical equipment, are examples of oil-water interfaces on vessels. Shipowners, operators, and crew are not permitted to discharge hazardous volumes of oil from any oil-water interface. Deck machinery and other equipment that is prone to contamination from rainwater runoff should utilise EAL, which are recommended (but not required).

Controllable pitch propellers, thrusters, podded propulsion systems, azimuth thrusters, rudder bearings, stern tubes, and other devices with oil-water interfaces should be kept in good working order to reduce hydraulic oil or other oil leaks, with maintenance or emergency repairs preferably performed in dry docks. If there is a risk of hazardous oil discharge during maintenance or emergency repairs, adequate spill containment equipment (such as oil booms) and effective methods should be used to restrict or prevent oil discharge into aquatic ecosystems via these interfaces.

Rudder bearings are mechanisms mounted to the hull that support the weight of the rudder stock and rudder, guaranteeing the vessel's watertight integrity. Upper rudder bearings are positioned on the deck between the steering gear rooms, whereas lower rudder bearings are installed at the stern tube mouth or inside the rudder stock tube. Larger warships usually only have top rudder bearings, which carry the whole weight and strain. During operation, rudder bearings must be lubricated with oil or grease to prevent excessive buildup or leaking. Any excess lubricant from rudder bearings can escape into the sea via gaps between the white metal and bushing at the bottom section of the rudder stock, necessitating adequate sealing of the rudder stock stuffing box to prevent water intrusion from above and oil leakage from below.

Currently, the great majority of maritime boats feature stern tubes (propeller shafts) filled with lubricating oil that is supplied with a certain oil pressure by stern tube lubrication pumps or gravity tanks to lubricate the white metal propeller bearings. These stern tubes are designed with both forward and aft sealing mechanisms. The aft sealing system maintains a radial strain on the sealing lip against the stern tube liner due to the combined action of lubricating oil pressure, its inherent elasticity, and spring preload, successfully preventing lubricating oil from escaping into the sea.

EPA recommends that all operators of newly built ships use seawater-based stern tube lubrication systems to avoid oil discharge into aquatic environments from these interfaces.

The EPA divides the base oils of EAL into three types: vegetable oils, synthetic esters, and polyalkylene glycols (PAG), each with advantages and downsides. Vegetable oil: Advantages include a high viscosity index, excellent lubricating performance, a high flash point, and compatibility with paints and sealants. However, they are prone to thinning at low temperatures, oxidation at high temperatures, require frequent oil changes, and cost roughly 1.2 times more than mineral oil.

Synthetic esters: Advantages include a wide temperature range, high viscosity index, good lubrication performance, corrosion resistance, and low oxidation. Disadvantages include incompatibility with paints and sealing materials, and cost approximately 2-3 times more than mineral oil.

PAG: Advantages include strong viscosity performance at both low and high temperatures, a high viscosity index, superior lubrication performance, and corrosion resistance. Similar to synthetic esters, they are incompatible with paints and sealing agents, need frequent oil changes, and cost around 2-3 times more than mineral oil. Using EAL does not allow vessels to release hazardous amounts of lubricating oil into the environment.

Considerations for?switching to EAL

1. Select EAL that are compatible with stern tube sealing materials, or replace them with new EAL-compatible seals. Update any pertinent drawings, such as the stern tube construction and spare parts needs.
2. Modify the appropriate stern tube oil replenishment and separation systems that are linked to the main engine lubrication system to prevent contamination by EAL.
3. Create processes for EAL refuelling, separation, and oil changes on stern tubes.
4. During dry docking, completely remove the original lubricating oil from the stern tube and circulate EAL for repeated cleansing before replacing with EAL (mixing rate should be less than 3%).
5. Document oil change-related information in both the engine logbook and the oil record book.
6. During operation, monitor the stern tube oil temperature (below 55°C), viscosity (100-200cst), and water content (less than 5%).
7. Adhere to EAL provider recommendations for oil change intervals or based on EAL analysis findings.
8. If you want to dock in a US port or transit US waters, apply for EAL refuelling. If EAL is unavailable at ports of call, it is deemed "technically infeasible" and must be documented and reported as such.

Monitoring Requirements for Discharge Quality

According to the Vessel General Permit (VGP) 2013 requirements for "Inspection, Monitoring, Reporting, and Recordkeeping," all vessels entering U.S. waters must conduct self-inspection and monitoring of ship bottom sewage, graywater, ballast water, exhaust gas cleaning system washwater, and so on, in accordance with the permit requirements. This comprises routine visual inspections, analytical monitoring, complete yearly inspections, drydock inspection reports, and so on, as well as chemical analysis monitoring (proper sampling, laboratory analysis, and equipment calibration), with accompanying records and reports. Additional record-keeping requirements are related to ballast water tanks. All relevant documents must be kept by the vessel for at least three years so that the EPA or its authorised staff may verify them as needed.

When a vessel fails to comply with VGP emission restrictions or exceeds defined quantities of hazardous compounds and oils in emissions, it must notify the EPA within the timeframe prescribed by the VGP. Furthermore, EPA mandates each vessel to submit a feedback report to EPA between 30 and 36 months after receiving the VGP, which will serve as the foundation for the future VGP update.

Bilge Water

The VGP 2013 establishes greater discharge requirements for bilge water than the MARPOL Annex I regulations:

MARPOL Annex I: When a ship is in motion and functioning oil filtering equipment is in use, it is permissible to discharge bilge water containing oil at a concentration of no more than 15 parts per million. If the oil concentration surpasses 15 ppm, the machine will immediately cease the discharge.

VGP 2013: Ships built after December 19, 2013, with a gross tonnage over 400, and operating in US waters under the VGP 2013 permit, may release bilge water following treatment with an oily water separator. The ship must undergo oil and grease content testing (sample and analysis) at least once a year as part of its yearly inspection.

Specific requirements for laboratory monitoring:?The oil content in bilge water released following treatment must be chemically analysed at least once a year. During sampling, measurements from the oil content metre (OCM) must be documented. If the findings of two consecutive yearly tests are less than 5 parts per million (ppm), the vessel may forgo testing for the next two years, as long as it satisfies certain conditions:

1. The vessel employs an oil-water separator with a separation capability of no more than 5 ppm, or an automated detection and alarm system that prevents discharge when the oil level exceeds 5 ppm.
2. The OCM alarm device is calibrated yearly.
3. OCM measurements at discharge have never surpassed 5 ppm.

Grey Water

Currently, MARPOL Annex IV does not provide specific discharge requirements for greywater from ships. Therefore, standards and requirements for sewage discharge can be referenced:

1. Faecal Coliforms: The concentration of faecal coliforms in discharge water collected during testing must exceed 250 per 100 mL.
2. Suspended particles: During onshore testing, the concentration of suspended particles in discharge water should not exceed 50 mg/l; During onboard tests, the concentration of suspended particles in discharge water collected during testing shall not exceed 100 mg/l, calculated from flushing water.
3. Biochemical Oxygen Demand (BOD5): The concentration of BOD5 in discharge water collected during testing cannot exceed 50 mg/l during a five-day period.

VGP 2013 sets standards for grey?water discharge

Ships must maintain a valid VGP while in port and complete bi-daily checks using inspection forms to avoid sewage and greywater discharge into the sea. These examinations are recorded and kept for future reference.

The VGP 2013 specifies guidelines for laboratory monitoring of ship grey water. For ships built on or after December 19, 2013, with a crew of more than 15 people, the following rules apply annually: two sampling, analysis, and monitoring events with at least a 14-day gap between each sample session.

Grey water discharge parameters evaluated include CODcr, BOD5, Total Suspended Solids (TSS), pH, Total Coliforms (TRC), Ammonia Nitrogen, Total Nitrogen, Total Phosphorus, and others. If completing tests within the stipulated storage durations is impossible, yearly testing for faecal coliform or E. coli may be enough.

Specific Requirements

1. Discharge of sewage and graywater in California waterways (including ports) is forbidden for ocean-going boats equipped with adequate sewage and graywater storage tanks. On March 1, 2012, California enacted a new ordinance barring the release of treated sewage into California waterways. This regulation applies to passenger ships and ocean-going vessels of 300 gross tonnes or greater.
2. Ocean-going vessels lacking storage tanks or with insufficient storage capacity may release treated sewage and graywater that fulfils criteria via sewage treatment facilities. The discharge of appropriately treated sewage from ocean-going vessels weighing 300 gross tonnes or more without storage tanks is not banned in California's discharge restriction zones. According to the new regulations, ocean-going boats with storage tanks of inadequate capacity (less than 300 gross tonnes) must empty them before entering the discharge restriction zone. Once in the restriction zone, the vessel must make full use of its storage tank capacity and can only release the quantity that exceeds the tank's capacity after treatment. The treatment capacity of sewage treatment facilities is often expressed in "cubic meters/day" on the product certificate. It must be translated to "cubic meters/hour" in accordance with the Vessel General Permit (VGP) application submission system criteria, and only five characters (including decimal points) are permitted, rounded to the system standards.
3. Sewage processed at the sewage treatment facility must fulfil the following standards: The geometric mean of the 5-day Biochemical Oxygen Demand (BOD5) should not exceed 50mg/l; the geometric mean of Total Suspended Solids (TSS) in discharge water samples during the test should not exceed 50mg/l; and the geometric mean of E. coli in discharge water samples during the test should not exceed 250 CFU/100ml.

• The EPA recommends under the VIDA, which will be issued in the autumn of 2024, that any vessel dumping gray?water within 1-3 nautical miles of the shore must fulfil the criteria suggested in 139.21(f). Gray?water discharge within one nautical mile of the beach is strictly forbidden for all vessels.

Ballast Water

The IMO Ballast Water Management Convention requires treated ballast water to fulfil performance requirements given in Appendix D-2 "Ballast Water and Sediments Management Guidelines". The D-2 standard specifies the types and quantity of live organisms required for discharged ballast water:

1. For boats using ballast water management, the discharge must fulfil the following biological performance standards: Organisms greater than or equal to 50μm should be less than 10 organisms/m3, whereas those smaller than 50μm but bigger than or equal to 10μm should be fewer than 10 organisms/mL. Furthermore, microbial discharge should not exceed the concentrations mentioned in item 2 below;
2. As a human health standard, microbes should include:

???① Toxic Vibrio cholerae (O1 and O139): fewer than 1 colony-forming unit (cfu) per 100ml or per gram (wet weight) of zooplankton sample;

???② Escherichia coli: fewer than 250 cfu per 100ml;

???③ Enterococci: fewer than 100 cfu per 100ml.

VGP 2013?Requirements for Ballast Water

1. Ships that install USCG-approved ballast water treatment systems must include an International Ballast Water Management Certificate, an Anti-Fouling System Certificate (AFS) record for the current dry-docking (excluding previous ones), and a scanned copy of the ballast water treatment system product certificate in their eNOI submission (application for vessel permit renewal). ??
2. VGP monitors and enforces discharge regulations by using discharged ballast water from ship ballast water treatment systems. To guarantee system functioning, ballast water discharge should be tested once new ballast water treatment systems are installed.
3. During the first year of installing or utilising ballast water treatment systems, ships shall undertake biological indicator compliance monitoring twice for ballast water discharge samples, giving high-quality type-approved data.
4. For ships with high-quality data, if two consecutive sample results fall below the permit limitations, ship owners/operators may reduce monitoring to once per year after the first year.
5. If sampling and analysis results stay below the discharge limitations for two consecutive years, yearly testing is adequate beginning with the second year.
6. If ship owners/operators exceed permit limits during any sampling and testing method, they must repeat biannual monitoring until two consecutive results below the permit limits are obtained.
7. Ships with major disparities in test findings (those unable to produce high-quality data) must undergo four yearly tests; otherwise, discharge in US waters is forbidden.
8. Following the implementation of ship ballast water treatment systems, ships discharging ballast water under a VGP 2013 permit in US waters during a calendar year must undergo assay monitoring, with a focus on functional monitoring, total heterotrophic bacteria, Escherichia coli, and enterococci. Systems that use active compounds must additionally monitor leftover active substances and derivatives in discharged ballast water, if applicable.
9. Functional monitoring: Ships must check the performance indicators of their ballast water treatment systems on a monthly basis.
10. Discharge biological activity monitoring: During the first year of operation of the ballast water treatment system, ships must sample and test for heterotrophic bacteria, Escherichia coli, and intestinal enterococci (at intervals not less than 14 days).
11. Monitoring of disinfection residues and derivatives (where required, monitoring of disinfectants and residues produced by the equipment used): Ships must collect and test any disinfectant residues and derivatives listed in VGP 2013 that are used or produced throughout the treatment process: Systems with high-quality data must undergo initial testing of the first 10 discharges (not exceeding 180 days) with three assay tests, followed by two maintenance tests per year; systems without high-quality data must undergo initial testing of the first 10 discharges (not exceeding 180 days) with five assay tests, followed by four annual assay tests.

Ballast Water Management Reporting Form

Ballast water management for ships entering US waters must meet strict federal and state regulations. At least 24 hours before the vessel arrives in seas with specific ballast water management requirements (3 nautical miles from the baseline), send the revised USCG Ballast Water Management Report Form (PDF format) as an email attachment to the appropriate email address. Furthermore, there are special restrictions for ballast water management.

Vessels leaving the United States' Exclusive Economic Zone, regardless of whether they have installed a ballast water treatment system, must perform ballast water exchange at least 200 nautical miles offshore in waters at least 2000 metres deep, ensuring a salinity level of no less than 30 PPT (Parts Per Thousand), before entering Minnesota or New York state waters. Following installation of the ballast water treatment system, live organisms must be monitored and reported on an annual basis. Vessels operating alone in the Great Lakes must additionally follow other best management practices.

• 30 PPT (Parts Per Thousand) indicates that there are 30 parts of salt per thousand parts of water. This salinity level is characteristic of saltwater, as the average salinity of seawater is around 35 PPT, whereas freshwater normally has a salinity of less than 1?PPT.

Annual Vessel Reporting Form Requirements

Effective October 1, 2017, vessels planning to visit California must submit an Annual Vessel Reporting Form (AVRF) once per calendar year. This form replaces the Annual Hull Husbandry Report and the Annual and Supplemental Ballast Water Treatment Technology Report. Starting January 1, 2021, the AVRF must be submitted through the Land Commission’s online platform at least 24 hours before the vessel’s first arrival at a California port in each calendar year.

Monitoring Ballast Water Treatment System Functionality

The system must be operated within the system design limitations specified by the manufacturer, the U.S. Coast Guard (USCG) type approval certificate, or the “Alternate Management System” acceptance letter. All applicable sensors and control devices must be calibrated according to the manufacturer’s recommendations.

Ballast Water Treatment System Records

Vessels must keep printed or electronic records of functionality monitoring and calibration for at least two years. This includes any biological monitoring conducted in the past two years, with records specifying the monitoring dates, the individuals or entities performing the tests, and the methods used. The vessel must also maintain a copy of the USCG type approval certificate or the “Alternate Management System” letter, as applicable, and the procedures for managing ballast water during equipment malfunctions.

Ballast Water Record Book

California requires that all ballast water operations be recorded on a tank-by-tank basis for tracking purposes. The Ballast Water Record Book must accurately document at least the following:

1. Every operation involving the management of ballast water or sediments.
2. Detailed records of each operation, including the location, circumstances, and reasons for the operation.
3. Specific records for each ballast tank, noting the start and end times/locations for ballast water exchange or treatment.
4. Records of ballast water management activities for each tank must be available onboard for inspection by the State Lands Commission staff.
5. Records must be retained onboard for at least two years.

Marine Invasive Species Act Control Fund

Effective April 1, 2017, California increased the fee to $1000 per qualifying voyage for vessels arriving from outside California. This fee applies to all vessels capable of carrying ballast water, not just those discharging ballast water in California waters.

Non-Compliance Penalties

Failure to comply with the VGP requirements can lead to significant penalties. On November 18, 2021, the U.S. EPA?fined the 13,169 TEU container ship MSC Aurora and the 39,000 DWT bulk carrier Western Durban $81,474 for failing to conduct required ballast water inspections, monitoring, and reporting in California and Louisiana, violating the VGP issued under the Clean Water Act (CWA).

In October 2021, California passed new ballast water management legislation, aligning new discharge standards with the IMO Ballast Water Management Convention D-2 standards effective January 1, 2022. This enforcement action serves as a reminder to shipowners and operators of their responsibilities under the new U.S. ballast water regulations.

• The VIDA?expected to be released in fall 2024, will require ballast tanks to be regularly flushed and cleaned to remove sediments and fouling organisms. Residual sediments and wastewater from cleaning must not be directly discharged and should be disposed of according to state laws and federal regulations; the proposed rule does not specify these disposal methods.
• The VIDA?will also no longer require vessels to reduce and avoid ballast water discharge in certain areas and circumstances: areas known to have high concentrations of harmful organisms and pathogens; areas near sewage outfalls; areas near dredging operations; areas with low tides or excessive turbidity; at night when benthic organisms rise in the water column; areas where propeller wash could stir up sediments; boundary areas of ocean currents; and areas where whale populations are present.

Exhaust Gas Scrubber Wash Water?(EGCS)

The EGCS, which is utilised as a SOx compliance device to satisfy the "Global Sulphur Cap" standards, is critical for decreasing sulphur oxides and particulate matter produced by ship engines that use high sulphur fuel oil (HSFO). These systems' wash water contains toxic elements such as sulphurous acid, sulfuric acid, sulphates, hydrocarbons, and particulate matter, all of which affect the environment. Chemicals in wash water can have deadly or sub-lethal effects on marine species, and these effects may be increased by bioaccumulation, acidification, and eutrophication. As a result, the wash water from ship engine exhaust gas cleaning systems must be cleaned in strict accordance with IMO norms and port state requirements.

Many governments and regions have officially prohibited the use of open-loop scrubbers in specific ports and emission control zones. Even if the system fulfils IMO regulations, ships must adhere to tougher local emission limits than the international norms established by the IMO.

1. First Year: Water samples from before, during, and after the scrubber process, as well as at the discharge point, must be collected and analyzed for specified parameters* during the first year of permit coverage or system operation (whichever comes first). Two samples for each parameter must be taken at least 14 days apart. After the first year, at least one sample must be collected annually. Records of sampling information and analysis results must be retained onboard for three years.
2. Calibration: Continuous monitoring equipment for scrubber wash water must be regularly calibrated according to the requirements of the monitoring equipment manufacturer and the EGCS manufacturer.
3. Oil Content: Discharge of scrubber wash water must not contain oil or oily mixtures in harmful quantities as defined by relevant regulations.
4. Discharge Beyond 3 Nautical Miles: The USCG may accept IMO regulations on scrubber wash water discharge values and measurement methods (either direct or calculated) on a case-by-case basis beyond 3 nautical miles from shore.
5. Discharge Prohibition: It is prohibited to discharge exhaust gas scrubber wash water from any vessel covered by the VGP into U.S. waters. Residues from wash water must be disposed of at shore reception facilities.
6. California CARB Regulations: The use of EGCS as an alternative method for SOx emission control is not allowed under California CARB regulations (except for experimental and research phase technologies/methods granted temporary exemption). The use of wash water reduction technology is also not permitted. Therefore, the use of exhaust gas cleaning systems and the discharge of wash water are prohibited in California waters. Vessels with EGCS installed must switch to compliant MGO or MDO and stop using EGCS before entering CARB-regulated waters (within 24 nautical miles of the coast). The related switching operations must be recorded as per regulations.

*Specified Analysis Parameters?(recommended EPA methods):

a. Dissolved and total metals: As, Cd, Cr, Cu, Pb, Ni, Se, Ti, V, Zn;

b. PAHs (Polycyclic Aromatic Hydrocarbons): Monitoring equipment for PAH emissions should have a durability of at least two years;

c. Nitrates and nitrites;

d. pH Value: The pH of scrubber wash water measured at the vessel's overboard discharge should not be less than 6.0. Other pH measurement methods are not accepted. As an exception during maneuvering and switching operations, the maximum pH difference between the intake and discharge is allowed to be 2.0 pH units, measured at the vessel's intake and overboard discharge locations.

• The VIDA?expected in fall 2024 will formally incorporate standards for EGCS?and exhaust gas recirculation systems, which are generally aligned with previous IMO standards. Notably, the minimum pH for EGCS wash water discharge will be adjusted from 6.0 to 6.5.

VIDA Vs VGP

The VIDA?was signed into law in the United States on December 4, 2018. Its goal is to replace the VGP 2013?programme and simplify federal, state, and municipal procedures for commercial boats. The new rules under the VIDA?and the existing VGP 2013 both restrict pollution emissions from boats in US waters, but the particular implementation mechanisms differ.

VIDA changes how the EPA and USCG will regulate incidental emissions from commercial boats into US waters: the EPA?is in responsibility of developing new vessel pollutant discharge guidelines. The EPA has announced that a comprehensive successor for the VGP will be available in the autumn of 2024.?Subsequently, the USCG?will need two years to develop new implementation details and best management practices to enforce these standards.

Until the EPA announces a comprehensive successor for the VGP, the FINAL VGP 2013 continues in effect (extended until new discharge criteria are implemented), which means that the present 2013 VGP programme might last until 2026.

The delay in implementing new federal discharge rules does not signal leniency from the EPA. On the contrary, it appears that the USCG has increased VGP inspections and enforcement to guarantee compliance with the expanded VGP 2013.

The EPA has indicated that noncompliance with discharge permits can have serious environmental consequences for US waterways. More stringent penalties may be imposed for vessels failing to provide procedures for crew compliance, conduct necessary routine and annual inspections, complete required monitoring and sampling, perform self-assessment and self-reporting, submit annual reports on time, conduct routine visual inspections, record non-compliance incidents and corrective actions per permit requirements, conduct monthly functional monitoring and annual calibration of ballast water treatment. Initial noncompliance occurrences, when paired with failure to disclose them, can double the violation severity level. Generally, a vessel's P&I insurance does not cover fines resulting from non-compliance with the VGP program or similar regulations.

• The anticipated VIDA requirements, as announced, are intended to be at least as strict as the VGP 2013. However, the planned VIDA only covers 20 vessel discharge criteria, compared to 27 under the VGP Act. This does not imply a reduction in the sorts of discharge constraints, but rather a consolidation of many discharge standards and adjustments to certain absurd settings to make them more realistic. The VIDA requirements are far more stringent and standardised than the VGP.

Conclusion

The US VIDA is scheduled to be issued in the autumn of this year (2024), with updated implementation details and best management practices due two years later. It is crucial to note that, prior to the adoption of new federal vessel emission limits in the United States, the EPA and USCG are ramping up inspections and enforcement activities to guarantee successful compliance with the expanded VGP. Shipowners, ship management organisations, and crew personnel must continue to comply with current VGP and USCG laws while closely following changes under the VIDA. This preparation will aid vessels wishing to operate in US waters in adapting to unique developments.

Coming soon

Throughout history, mankind has increased its potential and intelligence via practical life and the battle against nature, producing innumerable civilizational artefacts, including ships. Archaeological evidence indicates that at least 7,000 years ago, our forefathers fished on logs or spanned rivers using floating wood to hunt. Shipbuilding in China has reached three peaks throughout its history. Ship propulsion, from humans to current smart diesel engines, has seen five revolutions in propulsion (control) technologies.

Stay tuned for the next edition, when the MarinSmart Platform Expert Committee?will discuss "A History of Shipbuilding and Ship Propulsion Development."