Page 14: of Maritime Reporter Magazine (November 2004)

Goverment Update

Air Emissions from Ships

Environmental advocacy groups have alleged that ships are major contributors to air pollution. Such groups have also brought suit - albeit unsuccessfully - against the federal government, alleging insufficient regulation of air emissions from ships. Avoiding the issue of the possible merits (or demerits) of such assertions and litigation, this paper will briefly explore the current state of inter- national, federal, and state regulation of air emissions from ships.

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN.

Annex VI to the International

Convention on the Prevention of

Pollution from Ships (MARPOL

Convention) is scheduled to come into effect on May 19, 2005. The Annex has been adopted by 17 nations and is under active consideration by numerous oth- ers, including the United States and

Australia. Nations that have ratified the

Annex include: Azerbaijan, the

Bahamas, Bangladesh, Barbados,

Denmark, Germany, Greece, Liberia,

Marshall Islands, Norway, Panama,

Samoa, Singapore, Spain, Sweden,

United Kingdom, and Vanuatu.

Annex VI is the international commu- nity's systemic approach to the issue of air emissions from ships. Different con- trol strategies are used for the various emissions addressed in the annex. The provisions apply to ships of 400 gross tonnage or above engaged in interna- tional trade. The Annex sets limits on emissions of nitrogen oxides (NOx) from diesel engines with a power output of greater than 130 kW installed on a ship constructed on or after January 1, 2000. The primary strategy for reducing

NOx emissions involves establishment of mandatory procedures for the testing, survey, and certification of applicable marine diesel engines. The procedures are found in the so-called "NOx

Technical Code," which was adopted in conjunction with Annex VI. Ocean- going commercial ships may only install and utilize diesel engines with a power output of greater than 130 kW if such engine has been built and tested in accordance with the NOx Technical

Code. Fuel for the diesel engines is another area of consideration by the

Annex. In an effort to control emissions of sulphur oxides (SOx), the sulfur con-

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