USA - Enforcement of the North American ECA

Club correspondents Freehill Hogan & Mahar LLP, New York have advised that the United States Environmental Protection Agency (EPA) has announced it is now conducting periodic flights over upper Chesapeake Bay to test the composition of funnel emissions from commercial vessels to ensure that they are complying with MARPOL Annex VI Emission Control Area (ECA) requirements.

The commencement of overflights indicates an escalation of EPA’s enforcement efforts to ensure that vessels are complying with North American ECA requirements.

It is not clear how long the upper Chesapeake Bay testing programme will continue. However, if the overflights prove successful, it can reasonably be expected that the programme will be expanded to other areas within the ECA in due course.

Further information on the North American ECA can be found in the following news articles:

• MARPOL - North American Emission Control Area
• USA - EPA Interim Guidance on the Non-Availability of North American ECA Compliant Fuel Oil
• MARPOL - Canada Now Enforcing the North American Emission Control Area

Members requiring any further guidance should contact the Loss Prevention department.