The North American Emission Control Area: Questions remain
By James Vander Woude
A Vancouver Lawyer with Bernard & Partners
major recent initiative of the International Maritime Organization (IMO) relating to air emissions from ships is set to spark a major reduction in marine engine emissions when the Canadian regulations to implement the international standards enter into force.
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MARPOL Annex VI The IMO is a United Nations agency dedicated to worldwide safety and security of shipping and the prevention of marine pollution. In October 2008, the member states of the IMO agreed to address air emissions from ships by amending Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL) to adopt new global standards for nitric oxide and nitrogen dioxide (NOx) and sulphur oxide (SOx) fuel controls. On July 13, 2009, the governments of Canada, France and the United States of America made a joint submission to the IMO that an area extending 200 miles off the Canadian and American east and west coasts below the 60th parallel be designated as an Emissions Control Area (ECA). Hawaii, the Great Lakes and the St. Lawrence River, including the Gulf of St. Lawrence, are included. In March 2010, the IMO amended MARPOL to create the North American Emission Control Area (NA-ECA) with stringent environmental standards for NOx and SOx emissions. Sulphur Emission Control Areas (SECAs) also exist in the Baltic Sea and the North Sea to regulate SOx emissions.
The new standards: SOx Fuel contains sulphur, which, when burned in an engine, produces sulphur oxides. In an ECA, ships must use fuel which contains a maximum of one per cent sulphur, measured by weight, dropping to a maximum of 0.1 per cent by 2015. This standard can be met either by switching to cleaner fuel while steaming in an ECA, or by alternative methods such as equipping vessels with environmentally-enhancing technologies like exhaust gas cleaning devices or “scrubbers”. The global maximum (outside of an ECA) for sulphur content in fuel is 3.5 per cent as of 2012, dropping to 0.5 per cent by 2020. This reduction is subject to a study planned for release in 2018 on the availability of low-sulphur fuel. There is a proviso to push back the date from 2020 to 2025 if necessary.
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48 BC Shipping News May 2013
As the NA-ECA is now law in the U.S., such ships are technically required to meet ECA standards when in American waters.
The international standards came into effect on August 1, 2012. The NA-ECA is currently being enforced in the U.S. but, as of April 1, 2013, it has yet to be implemented in Canada. The Regulations Amending the Vessel Pollution and Dangerous Chemicals Regulations to the Canada Shipping Act, 2001 (the “Regulations”) will give the new standards, including the NA-ECA, force of law in Canada when published in Part II of the Canada Gazette.
The new standards: NOx NOx is produced by the combustion of nitrogen which is contained in air. Until 2011, ships had to meet the Tier 1 standard for NOx emissions which allowed a range of 9.8 to 17 g/kWh depending on engine speed (rpms). In 2011, the Tier 2 standard was adopted globally, representing a 20 per cent reduction from the Tier 1 standard. The Tier 2 standard applies to ships built after January 1, 2011. From 2016 onward, the Tier 3 standard for NOx emissions will be enforced in ECAs. This is an 80 per cent reduction below Tier 1 standards and is expected to be met through optimized engine designs and directly treating the exhaust gas. Financial and Health Benefits According to Transport Canada, the NA-ECA is expected to yield significant financial and health benefits. Transport Canada estimates that, over the period 2013 to 2032, the cost to Canadian vessel owners and operators will be $634 million, while monetized health benefits are estimated to be $9.87 billion, for a net estimated benefit of $9.22 billion (all amounts present value over analysis period). The Americans also expect implementation of the NA-ECA to yield dramatic benefits. The United States Environmental Protection Agency (EPA)