Coast Guard Officially Implements New Marpol Annex V Garbage Regulations

Maritime

New Development

The U.S. Coast Guard published an Interim Rule on February 28, 2013 to implement the revised MARPOL Annex V garbage regulations. The amendments to Annex V entered into force both internationally and domestically on January 1, 2013. The Interim Rule revises 33 C.F.R. Part 151 to reflect U.S. requirements under Annex V and can be found at www.gpo.gov/fdsys/pkg/FR-2013-02-28/pdf/2013-04616.pdf. In addition, the Coast Guard issued a policy letter, Interim Guidance for Revised MARPOL Annex V Implementation (CG-CVC Policy Letter 13-01), to aid U.S. and foreign flag oceangoing vessels in ensuring compliance with the revised Annex V interim guidance to these new amendments, available at www.uscg.mil/TVNCOE/Documents/policyletters/CVCPolicyLtr2013.pdf.

Background

New MARPOL Annex V regulations addressing garbage management went into effect on January 1, 2013 pursuant to action taken by the Marine Environment Protection Committee ("MEPC") at its sixty-second session in July 2011. The new regulations impose stricter garbage management procedures and documentation requirements for all vessels and fixed and floating platforms and impose a general prohibition on the discharge of all garbage unless the discharge is expressly provided for under the regulations. The new regulations allow the limited discharge of only four of categories of garbage: food waste, cargo residues and certain operational wastes not harmful to the marine environment, and carcasses of animals carried as cargo. Further information on the amendments to Annex V can be found in our previous articles, Trash Talk: Are you Prepared for the New MARPOL Annex V Garbage Regulations, and Just When You Thought You Fully Understood MARPOL Annex V Garbage Regulations.

Interim Rule

In accordance with the requirements of the Act to Prevent Pollution from Ships (33 U.S.C. 1901, et seq.), the United States automatically accepted the amendments to Annex V when they entered into force. The Interim Rule revises garbage management regulations to reflect the revised Annex V. The Interim Rule addresses updates in three primary areas: updated operational requirements, new definitions, and replacement of placards. In terms of operational requirements, the Interim Rule incorporates Annex V's general prohibition on the discharge of garbage into the sea. Exceptions are provided per Annex V for conditional discharges of food wastes, cargo residues, cleaning agents and additives in wash...