marpol annex iv: marine sanitation · 3 annex iv: marine sanitation international regime • marpol...

MARINE LOGMARINE LOGGLOBAL GREENSHIP GLOBAL GREENSHIP

20092009

MARPOL ANNEX IV:MARPOL ANNEX IV:Marine SanitationMarine Sanitation

Charles T. BlocksidgeCharles T. BlocksidgeSeptember 18, 2009September 18, 2009

The information contained herein is abridged and summarized from numerous sources, the accuracy and

completeness of which cannot be assured. This should not be construed as legal advice or opinion and is not a substitute

for the advice of counsel.

2

Annex IV: Marine Sanitation

• The U.S. is not a party to MARPOL Annex IV and therefore compliance with Annex IV in U.S. waters is voluntary. However, vessels registered in the United States visiting nations that are a party may need to demonstrate compliance with MARPOL Annex IV regulations on the prevention of pollution by sewage from ships.

• On January 1, 2010, the revised effluent standards and performance test criteria for sewage treatment plants under MARPOL Annex IV will enter into force internationally.

• The U.S. Coast Guard announced the availability of Navigation and Vessel Inspection Circular (NVIC) No. 1-09 (Voluntary Compliance with International Sewage Regulations), which provides guidance on voluntary compliance with MARPOL Annex IV.

3

Annex IV: Marine Sanitation International Regime

• MARPOL Annex IV, as adopted in resolution MEPC.115(51), is applicable to ships on international voyages that are: – (1) 400 GT and greater; or

– (2) Less than 400 GT when certified to carry more than 15 persons, which includes both passengers and crew.

• The effluent standards and performance tests are applicable to sewage treatment plants for ships with:– Keel laid date on or after January 1, 2010,

and for ships having a sewage treatment plant installed or delivered on or after January 1, 2010.

– Ships with a keel laid date prior to January 1, 2010, or ships having a sewage treatment plant installed or delivered prior to that date, may continue to use equipment certified to either the 1976 international effluent standards.

4


• Annex IV requires that subject vessels that engage in international voyages have a valid International Sewage Pollution Prevention Certificate (ISPPC) issued by its flag administration.

• Annex IV prohibits the discharge of sewage into the sea except when:– The ship has in operation an

approved sewage treatment plant; or

– The ship is discharging comminuted and disinfected sewage using an approved system more than 3NM from land or is discharging sewagethat is neither comminuted or disinfected at a distance more than 12NM from land.

5

Annex IV: Marine Sanitation Recognized Classes of Sewage Systems

• Annex IV recognizes three different classes of sewage systems:– Sewage Treatment Plant: continuously discharges treated effluent so

long as the vessel is not within a special regulated area.

– Sewage Comminuting and Disinfecting System with Holding Tank: this system must include a holding tank for the temporary storage of treated sewage when the ship is less than 3NM from Land

– Sewage Holding Tank

6


• Sewage Treatment Plant– In the U.S., the existing Type I and Type II MSDs most closely align

as sewage treatment plants as they may discharge their treated sewage effluent directly into the waterway unless such discharges are otherwise prohibited (e.g. no discharge zones).

– When the new requirements go into effect on January 1, 2010, this will invalidate the equivalency argument for Type I and Type II MSDs.

• Ships with approved Type I and Type II MSD systems can continue to use such devices as an approved sewage treatment plant.

7


• Sewage Comminuting and Disinfecting System with Holding Tank– In the U.S., the Type II MSD is most closely aligned with this

system.

– Beginning in 2010, Type II MSDs that are unable to meet the new effluent standards for a sewage treatment plant may still qualify as a sewage comminuting and disinfecting system provided it is equipped with a satisfactorily sized storage tank.

8


• Sewage Holding Tank– In the U.S., this most closely aligns with the requirements for a Type

III MSD.

• In order to keep the International and U.S. standards straight, the term Sewage Treatment Plant should only be used when referring to the Annex IV systems and MSD when referring to the equipment under 33 CFR Part 159.

9

U.S.: Marine Sanitation Recognized Types of Marine Sanitation Devices

• There are three different types of MSDs that can be certified by the Coast Guard to meet the 33 CFR Part 159 requirements:

– Type I: is a flow through discharge device that produces effluent having a fecal coliform bacteria count not greater that 1,000 per 100 ml and no visible floating solids. A Type I device is typically a physical/chemical based system and relies on maceration and chlorination.

– Type II: is a flow-through discharge device the produces effluent having a fecal coliform bacteria count not greater that 200 per 100 ml and suspended solids not greater that 150 mg per liter; typically a biological or aerobic digestion based system.

– Type III: is a device that prevents the overboard discharge of treated oruntreated sewage; typically just a holding tank and may include technology such as incineration, recirculation and composting.

10


• Reciprocity: Any vessel flagged or registered outside the United States that holds a valid ISPPC issued by its flag Administration indicating the installed sewage system complies with MARPOL Annex IV, as amended by either resolution MEPC.159(55) or MEPC.2(VI), will be accepted by the U.S. Coast Guard as being in compliance with U.S. regulations on design, construction, testing, and certification contained in 33 CFR part 159, while operating in waters subject to the jurisdiction of the United States.

• Acceptance of a valid ISPPC is conditional on the installed sewage system being substantially in an operable condition as required by MARPOL Annex IV, and may be subject to verification by the U.S. Coast Guard under port State control.

• U.S. Coast Guard will similarly issue a Statement of Voluntary Compliance to U.S. vessels to avoid foreign port state control actions.

11

NVIC 1-09

• NVIC 1-09 was published on June 23, 2009 and establishes the policies, procedures, and standards for MARPOL Annex IV in the United States. These procedures are divided into four distinct sections covering: – general applicability, – testing facilities, – equipment manufacturers, and – the issuance of vessel certificates.

12

NVIC 1-09General Applicability

• U.S. Law:– Manufacturers may not sell or distribute vessels that have installed

toilet facilities unless they are also equipped with an operational MSD meeting the requirements of 33 CFR Part 159.

– The term vessel includes every description of watercraft used, or capable of being used, as a means of transportation on the waters of the United States.

• Annex IV:– Greater than or equal to 400GT; or

– Less than 400GT and certified to carry less than 15 persons, which includes both passengers and crew.

13

NVIC 1-09Testing Facilities

• Certain U.S. and non-U.S. facilities that evaluate, inspect and test shipboard sewage systems and effluent discharged from such system may be eligible to receive a U.S. Coast Guard letter of acceptance as a Qualified Facility. – Facility makes application to the Coast Guard to include:

• A detailed technical report

• A brief summary of instrument calibration program

• Summary of training, qualifications and experience

• Statement affirming that the facility is independent

– List of approved laboratories: http://cgmix.uscg.mil/

16

NVIC 1-09Equipment Manufacturers

• U.S. and non-U.S. manufacturers may submit their equipment to a Qualified Facility for testing. – Application to include:

• Type and size of sewage system

• Specific performance testing standard

• Sewage system design, including drawings, specification and other information that describes the materials, construction and operation of the plant

• Installation, operation and maintenance instructions for the system

– Purpose of application is to receive a Certificate of Approval from the Coast Guard.

– Approved list available at: http://cgmix.uscg.mil/

17

NVIC 1-09The Issuance of Vessel Certificates

• Vessels registered in the U.S. that engage in international voyages with sewage systems in compliance with Annex IV may be eligible to receive a Statement of Voluntary Compliance (SOVC)

– SOVC takes the place of the International Pollution Prevention Certificate (ISSPC) and is only issued to U.S. vessels that can demonstrate compliance with Annex IV.

– Owner or Operator makes an application to the Coast Guard:

• Vessel name and official number (IMO #, if any)

• Port of Registry

• Gross Tonnage

• Number or person permitted to carry

• Coast Guard issued Certificate of Approval for the type of system onboard.

18

NVIC 1-09The Issuance of Vessel Certificates

• Surveys:– Initial Survey: the vessel is subject to an initial examination before

the ship is put into service or before the SOVC is issued. Purpose: to verify the vessel’s structure, equipment, systems, fittings, arrangement, and material of the installed system

– Renewal Survey: Every five years

– Additional Surveys: As needed, based on repairs or upgrades to existing systems to ensure still in compliance with Annex IV.

• Issuance: OCMI or Approved Classification Society may issue or renew as appropriate.

19

CONCLUSION

• Annex IV amendments go into effect January 1, 2010

• U.S. is not a party to Annex IV (vessels still need to comply with 33 CFR Part 159 requirements)

• Coast Guard will issue SOVC to U.S.-flag vessels that make international voyages to demonstrate compliance with Annex IV toavoid port state control issues

• U.S. vessels should make application for an SOVC

• Foreign vessels must have an ISPPC onboard when entering U.S. waters

Thank You

Contact

Charles T. BlocksidgeBlank Rome LLP

600 New Hampshire Avenue, N.W.Washington, D.C. 20037

Tel. (202) [email protected]

marpol annex iv: marine sanitation · 3 annex iv: marine sanitation international regime • marpol...

Documents