EPA settles $165,000 in penalties with world’s third largest shipping company
Introduction
Technical Newsletter on 8th August 2023
The world’s third largest shipping container company will pay $165,000 in penalties as part of its settlement with the U.S. Environmental Protection Agency (EPA) over claims of violations of EPA’s Vessel General Permit issued under the Clean Water Act.
EPA’s Pacific Southwest Regional Administrator Martha Guzman emphasized the organization’s continuing strengthening enforcement by stating, “The Vessel General Permit is a key element of the Clean Water Act. When companies and their ships don’t comply with this permit, the quality of our nation’s already-challenged waters can be seriously impacted,” said EPA Pacific Southwest Regional Administrator Martha Guzman. “It’s incumbent upon vessel owners and operators to properly manage what they discharge into our oceans, and to meet their monitoring and reporting requirements.” Read more via News releases in EPA website.
What were the main findings?
According to the EPA, the following areas of deficiencies were identified for 4 vessels resulting in the penalties:
Failure to treat ballast water prior to discharging it in a manner consistent with the compliance deadline at U.S. ports, including the Port of Los Angeles in California
Failure to record the findings of annual comprehensive inspections
Failure to conduct an annual calibration of a ballast water treatment system
Failure to monitor and sample discharges from ballast water treatment systems and
Failure to report complete and accurate information in annual reports.
Let’s take a closer look at the Summaries of Alleged Violations
Vessel 1:
Untreated ballast water discharge to navigable waters in the National Ballast Water Information Clearinghouse on February 22, 2018, at Los Angeles, California,
a failure to meet the compliance date as required by Part 2.2.3.5.2 of the VGP.
In the first year that the ballast water treatment system (BWTS) was used, starting in March 2020,
Vessel failed to conduct sampling for biological indicators as required by Part 2.2.3.5.1.1.4.
In the 2020 annual report, vessel failed to report BWTS functionality monitoring data as required by Part 2.2.3.5.1.1.6 and failed to report that the vessel discharged ballast water to navigable waters and information regarding the annual inspection as required by Part 4.4.1.
Proposed Penalty: $48,233
Vessel 2:
Failed to record findings from annual inspections in the vessel’s recordkeeping documentation or logbook in 2017, as required by Part 4.1.3 of the VGP.
In the 2018 annual report, Respondent failed to report accurate and complete information regarding the annual inspection as required by Part 4.4.1.
Proposed Penalty: $16,293
Vessel 3:
Failed to record findings from annual inspections in the vessel’s recordkeeping documentation or logbook in 2018, 2019, and 2020, as required by Part 4.1.3 of the VGP.
Respondent reported an untreated ballast water discharge to navigable waters in the 2021 annual report which occurred on February 17, 2021 at Norfolk, Virginia and a failure to meet the vessels compliance date as required by Part 2.2.3.5.2.
Proposed Penalty: $48,277
Vessel 4:
Vessel did report ballast water discharges to navigable waters in the National Ballast Water Information Clearinghouse but failed to report those discharges in its annual report for the year 2018 as required by Part 4.4.1 of the VGP.
In 2019, the vessel failed to conduct the annual calibration of the ballast water treatment system’s sensors and equipment as required by Part 2.2.3.5.1.1.3.
In the 2019 annual report, the vessel failed to report ballast water treatment system (BWTS) functionality monitoring data and testing results for biological indicators as required by Part 2.2.3.5.1.1.6.
In the second year the BWTS was used starting in March 2020, vessel failed to conduct sampling for biological indicators as required by Part 2.2.5.1.1.4.
In the 2020 annual report, Respondent failed to report accurate and complete information regarding the annual inspection as required by Part 4.4.1.