This document has been drawn up in order to give clients of Lintec Testing Services Ltd an overview of current and future legislation, and how it impacts on the purchase and use of marine fuel.

IMO regulations

In an effort to minimise MARine POLlution, the International Maritime Organisation (the IMO) has introduced a series of measures, the first in 1997 when a new annex (Annex VI) was added to the International Convention for the Prevention of Pollution from Ships (MARPOL).
The Regulations for the Prevention of Air Pollution from Ships, as Annex VI is more properly known, came into force on 19 May 2005 and seeks to minimise airborne emissions of the following pollutants from ships: -

1. Nitrogen Oxides (NOx)
2. Sulphur Dioxide (SOx)
3. Ozone Depleting Substances (ODs) and
4. Volatile Organic Compounds (VOCs)

A revised Annex VI was adopted in October 2008 and came into force on 1 July 2010.
One consequence of MARPOL Annex VI was that Emission Control Areas (ECAs), imposing lower emission limits and fuel quality requirements than those applied globally, were created.
More information on MARPOL Annex VI can be found at www.imo.org

Emission Control Areas (ECAs)

Initially termed Sulphur Emission Control Areas (SECAs) they are now referred to as ECAs in order to reflect their wider scope.

Current ECAs are the Baltic Sea and North Sea regions.

From August 2011 they will be joined by a North American ECA extending up to 200 nautical miles to include waters adjacent to the Pacific and Atlantic/Gulf coast of the United States and Canada, the eight main Hawaiian Islands and the French territories of Saint-Pierre and Miquelon.
This North American ECA will become enforceable on the 1st of August 2012.

A further Emission Control Area, in the U.S. Caribbean, designating specific portions of the coastal waters around Puerto Rico and the U.S. Virgin Islands, up to around 50 nautical miles from the territorial sea baselines of the included islands will become enforceable in January 2014.

Sulphur

The global limit for sulphur in marine fuel is 3.5% w/w - reduced from 4.5% w/w from the 1st of January 2012.
A further reduction, to 0.5% w/w is currently scheduled for 2020.
However, subject to a review of the availability of compliant fuel in 2018, the date of introduction could be postponed until 2025.

Inside ECAs the limit for sulphur in marine fuel, originally set at 1.50% w/w, is currently 1.00% w/w.
This will be further reduced, to 0.10% w/w, in 2015.

Note: - As described above, the principal means of controlling the level of Sulphur in exhaust emissions has been by limiting the amount of Sulphur contained in the consumed fuel.
However, there is a provision in the IMO regulations for the use of ‘equivalent technology’ - often termed ‘abatement equipment’ or ‘scrubbers’ - designed to remove the sulphur from the exhaust gases, thereby allowing the use of higher sulphur grade fuels.
This subject is outside the scope of this document, but more information can be found on the website for the Exhaust Gas Cleaning Systems Association at www.egcsa.com

The IMO has since been joined by a number of other organisations which have introduced their own measures to regulate emissions from ships’ engines.

European Union

The sale of Marine Gas Oil with a sulphur content greater that 0.1% w/w is forbidden in EU member states.
In addition, a limit of 0.1% w/w sulphur content applies to fuel used on all vessels at berth and on inland waterways.

California

In advance of the ECA which will apply to the North American coast line from August 2011, the State of California adopted the ‘California Ocean-Going Vessel (OGV) Clean Fuel Regulation’ which restrict the fuels used within 24 nautical miles of the Californian coastline to: -

1. Marine gas oil at or below 1.0% w/w sulphur
   or
2. Marine diesel oil at or below 0.5%  w/w sulphur

As from 1st January 2014, and complementing the North American ECA which will become enforceable on 1st August 2012, the State of California will introduce the second phase of this regulation, further limiting the fuels used within 24 nautical miles of the Californian coastline to: -

1. Marine gas oil at or below 0.1% w/w sulphur
   or
2. Marine diesel oil at or below 0.1% w/w sulphur

It is important to know that California’s OGV Clean Fuel Regulation is still in effect and that vessel operators will need to comply with both the North American ECA and the California regulation.

Comparison of the Fuel Requirements for the California OGV Clean Fuel Regulation and the North American ECA

*Note: -
Amendments approved on June 23, 2011 by the California Air Resources Board (CARB) changed the implementation date for the California Phase 2 requirements from 1st January 2012 to 1st January 2014, and established a 1.0% sulphur limit for Phase 1 MGO.

In addition, under the California OGV Clean Fuel Regulation, the CARB Executive Officer can phase out (“sunset”) the OGV Clean Fuel Regulation when he or she determines that U.S. Environmental Protection Agency enforces a measure that gets equivalent or greater emission reductions. 
With the North American ECA now approved, the OGV Clean Fuel Regulation should be able to “sunset” in 2015. 

You can find more information about the North American ECA, including a map that shows the 200 nm zone here:
www.epa.gov/nonroad/marine/ci/420f09015.htm 

You can find more information on CARB’s amendments here: www.arb.ca.gov/regact/2011/ogv11/ogv11.htm

You can find more information about the U.S. Caribbean ECA, including a map, here:
www.epa.gov/otaq/regs/nonroad/
marine/ci/420f11024.htm