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EPA Penalises & Settles Ballast Water Violation Claims with Two Shipping Companies for $337,000

Technical Newsletter as on 4^th July 2023

Introduction 

In the Environmental Protection Agency’s (EPA) continued mission to strengthen enforcement of its Vessel General Permit (VGP) requirements, the agency has settled penalties with 2 latest cases involving a Singapore-based Shipping Company and a Japan-based Shipping Company, resulting in a total of $337,000 in fines for Ballast Water Management System (BWMS) deficiencies/incidents reported as far away as the Port of Pago Pago in American Samoa as well as California ports, issued under the Clean Water Act. (Read more by clicking on the link to Newsreleases in EPA website)

Let’s take a deeper look at the details and key deficiencies in each case

SINGAPORE-BASED SHIPPING COMPANY

PENALTIES Levied & Settled, and relevant Ports:

• $137,000 in penalties for 3 vessels cited
• Vessels visited the Port of Pago Pago in American Samoa, Ports of San Francisco and Long Beach in California as well as other U.S. ports

Key DEFICIENCIES Identified:

• Did not treat ballast water prior to discharging it into the ocean in a manner consistent with the compliance deadline
• Did not conduct annual comprehensive inspections Did not conduct annual calibrations of a ballast water treatment system
• Did not monitor and sample discharges from ballast water treatment systems
• Did not report complete and accurate information in annual reports

JAPAN-BASED SHIPPING COMPANY

PENALTIES Levied & Settled, and relevant Ports:

• $200,000 in penalties for 2 vessels cited
• Vessels visited multiple U.S. ports, including the Port of Richmond in California

Key DEFICIENCIES Identified:

• Did not meet ballast water limitations for biological indicators and biocide residuals in discharges
• Did not conduct annual calibrations of a ballast water treatment system
• Did not monitor and sample discharges from ballast water treatment systems
• Did not report complete and accurate information in annual reports

"EPA takes compliance with the Vessel General Permit – a key element under the Clean Water Act – seriously. It is vitally important that vessel owners and operators properly manage what they discharge into our oceans, and that they meet their monitoring and reporting requirements," said Pacific Southwest Regional Administrator Martha Guzman. "Noncompliance with the permit can seriously impact the quality of our nation's waters, which are already challenged by port operations."

In order to mitigate such risk, Ship Owners and Managers must ensure required inspections, testing, checks, and reporting are executed for all stipulated requirements, without exception. An ounce of prevention is better than a pound of cure.

Handy links to get more information on VGP Compliance requirements and more:

• As stipulated, the Annual Report/DMA for calendar The EPA’s 2013 VGP website, FAQ and, Central Data Exchange
• The USCG website for Ballast Water Regulations and Policy
• The IMO Implementing the Ballast Water Management Convention

Maritec provides a unique one-stop solution to meet your Discharge Water Compliance requirements as per VGP 2013. Benefit from:

• Risk Mitigation: We help clients identify Testing Frequency for each vessel according to VGP requirements.
• Budget Control and Reduced Superintendent Workload:  We help monitor the voyage to find the most economical ports for sampling/testing.
• Global Network: We offer testing worldwide for convenient sampling and reporting.
• Technical Support: We offer Audit & Crew Training and due-diligence support for vessel operational records review.
• Error Proof Processes: Ensures all layers of requirements are systematically met/submitted to EPA.
• Quick-response Times: Supports our customer queries on a real-time basis.