Countries and Ports to hold Restrictions on EGCS Discharges Apply, an article was published on North P&I Club.
Scrubber in shipping industry
It is known that the use of scrubbers has split the shipping industry. To date, several ports and regions have stated that they will not allow the discharge of washwater from scrubbers.
In light of the above, North P&I Club summarized the positions taken by ports that have or will prohibit the use of scrubbers, or have placed conditions on their use.
This information is to the best of our knowledge and is for guidance only. For up to date and definitive information, contact the local authorities or agents.
According to club : Open loop EGCS discharge allowed
Argentina : The prohibition is currently suspended. To remind, Regulation No. 15/2020 of the Environment Protection Bureau, which came into force on 10 August 2020, prohibited the discharge of washwater from the exhaust gas cleaning systems (EGCS) of national or foreign-flagged vessels into Argentinean jurisdictional, sea or river waters.
However, IT&L Legal Consultants advise that this resolution took effect from 3 October 2020 and warn that this suspension is provisional, and the restrictions have not been permanently overturned.
Australia: According to AMSA Marine Notice 05/2019, wash water testing should be conducted upon commissioning of the EGCS and repeated every twelve months, as a minimum, for a period of two years.
Ships may be directed not to discharge wash-water from an EGCS in Australian waters if this data, or evidence that samples have been taken for analysis, cannot be provided to AMSA before arrival at the first Australian port.
Bermuda: Ships equipped with Exhaust Gas Cleaning Systems (EGCS) shall seek the prior approval of the Environmental Authority before its use in Bermuda’s territorial waters.
Wash-water and residue from the EGCS shall be not disposed of in Bermuda or discharged into Bermuda’s waters but shall be stored on board the ship until outside of Bermuda’s waters.
Brazil: All (except Vale terminals). Thedischarge of wash water from open loop and/or hybrid Exhaust Gas Cleaning Systems (EGCS) is allowed within Brazilian Jurisdictional Waters until the competent environmental authority has the opportunity to better assess the scenario.
This is under the assumption that the subject EGCS is approved by Class, has a plan for compliance of SOx emissions and is approved as per requirements of resolution MEPC.259 (68) of IMO.
Cyprus: Cyprus Port Authority, ships requiring to use ECGS at Cyprus’ ports or anchorage area must submit a written request for assessment and approval by the CPA at least 48 hours prior to the arrival of the ship. The written request shall provide the following detailed information: the location that EGCS will be used (port, anchor); and the type of EGCS.
Estonia: Prior authorisation is always required to discharge into the port area.
The Water Act which entered into force on 01.10.2019 does not treat washing water discharges as a violation of pollutant discharge from ships, if in compliance with MARPOL.
The use of closed-loop EGCS is permitted in the territorial waters and ports of Estonia, if it meets the relevant requirements and is certified, however discharging of the waste water is not permitted.
Hong Kong: A ban on EGCS wastewater is not listed, however Hong Kong regulation L.N 135 of 2018 states that an exemption from use of non-compliant fuel is granted if the authorities are satisfied with the abatement technology used to reduce sulphur dioxide emissions.
Latvia: Although there are no specific regulations prohibiting the use of open-loop scrubbers, local correspondents advise that national authorities are taking the general position that the discharge of wash-water from open-loops scrubbers is not permitted in territorial and port waters.
Lithuania: Lithuanian legislation allows to use the open loop scrubbers wash water discharges in Lithuanian EEZ as well, at the port of Klaipeda, only if those using the sodium hydroxide (caustic soda) as a main reagent and pH has to be strictly less than 8.0 in the discharged wash water. All other chemical reagents alternative to sodium hydroxide is strictly prohibited at LTU areas and has to use CLOSED LOOP method.
New Zealand: They request that all ships carrying scrubbers and operating in New Zealand’s territorial waters engage with the relevant port and regional authorities, and as a precautionary measure that where possible they avoid discharging scrubber effluent close to shore.
United States: Hawaii Ports and Waters. The State of Hawaii issued ‘Blanket Section 401’ Water Quality Criteria (WQC). This covers 27 categories of effluent discharge from an applicable vessel (EGCS washwater being one) that have received the best control or treatment into waters of the State of Hawaii incidental to the normal operation of the applicable vessels.
United Arab Emirates: Abu Dhabi Ports. Exhaust gas scrubber washwater discharge may only be discharged in port waters if free from pollutants.
According to club : Open loop EGCS discharge not allowed
Bahrain: Open loop operation not allowed in port or at anchor. Although, open loop operation is allowed in Bahraini territorial waters and exclusive economic zone (EEZ) as long as it can be proved that the discharge of washwater complies with MEPC.259(68) and there is no negative impact on marine ecosystems.
Vessels must obtain a permit from the Marine Safety & Environment Protection Directorate before discharging washwater anywhere in Bahrain waters.
Belgium: Belgian federal law states discharge only allowed in coastal and open seawaters when at least 3nm off coast. Discharges must not imperil EU Water Framework Directive objectives. Flemish regional law also confirms discharge not allowed in ports or inland waters.
Belize: Discharge of Exhaust Gas Cleaning Wash Water prohibited in territorial waters and port areas (Marine Circular 01/2018 – BPA/MS/23-1/2018(98) dated 12/12/2018).
Brazil: Open loop operation not allowed in Vale ports and terminals. Vale instruct arriving vessels that the discharge of EGCS washwater is not allowed while operating in its Brazilian ports and terminals.
Vale recommends that vessels should be changed over to compliant fuel before entering contiguous zone or coastal waters (24 nautical miles from coastline).
China (P.R.): China MSA guidance prohibits the discharge of water washings from open- loop scrubbers in certain areas: Inland river Emission Control Areas (ECAs), Port areas within coastal ECAs and Bohai Sea – the sea area within lines connecting the junction point of shorelines of Dandong, Dalian and shorelines of Yantai, Weihai.
Egypt: All ports and Suez Canal. Wash water from open-loop scrubbers is not permitted to be discharged during transit of the canal. What is more, Kalimbassieris Maritime Egypt advise that the discharge of open loop scrubber washwater is not permitted in Egyptian territorial waters.
Finland: Open loop discharge not permitted in harbour area of port of Porvoo. Under Finnish legislation, the discharge of wash waters from open-loop scrubbers is allowed in Finnish ports and territorial waters. However, some ports have restricted the discharge in the port area under their own competence.
France: Some large seaports such as Marseille, Nantes-St Nazaire and La Rochelle have already amended their port regulations to include a ban on open-loop scrubber discharges, and the port of Rouen is preparing to do the same. Other ports such as Bordeaux and Le Havre have a prohibition in principle.
In Cannes, as per the Cannes Bay Sustainability Charter, the restriction applies to the cruise ships only.
Germany: EGCS discharge is not permitted according to the convention on the collection, deposit and reception of waste generated during navigation on the Rhine and other inland waterways.
Restrictions apply to all inland waterways intended for general traffic except for the German part of Lake Constance and the stretch of the Rhine upstream of Rheinfelden.
Ghana: Ghana Maritime Authority informed the CSA that the Administration does not allow the operation of open-loop scrubbers in Ghanaian waters.
Gibraltar: Closed loop scrubbers are permitted in Gibraltar waters, Hybrid scrubbers operating in closed loop mode are also permitted.
Open loop scrubber are temporarily not permitted as a precautionary measure until the Gibraltar Government arrives at a definitive policy decision with regards to (solely) open loop scrubbers
India: Adani Ports and Special Economic Zone Ltd has issued a circular advising that the discharge of washwater from open-loop scrubbers is prohibited.
Ireland: To date, Dublin, Cork and Waterford have forced prohibition on the discharge of exhaust gas scrubber wash water.
Kenya: The discharge of wash-water from open-loop scrubbers is prohibited in the Kenyan Ports limits. This is to maintain the standard of Kenya marine water quality.
While in the port of Mombasa, ships fitted with hybrid type of scrubbers shall switch to the closed-loop mode of operation. Ships fitted with open-loop scrubbers shall switch over to compliant fuel oil.
Malaysia: Malaysia prohibits the use of open loop scrubbers within 12 nautical miles from land. Vessels calling at Malaysian ports must operate in closed loop mode or change over to compliant fuel before arrival.
Mauritius: Except in the case of innocent passage, ships proceeding to Mauritius or other islands forming part of the territory of Mauritius that use high sulphur fuel oil (HSFO) in combination with open-loop scrubber shall changeover from HSFO to compliant fuel oil whenever they enter the territorial waters of Mauritius i.e. within 12 nms from the shore.
Environmental legislation presently in force in Mauritius prohibits the discharge of wash water from open-loop scrubber.
Norway: The World Heritage Fjords sea areas of Geirangerfjord and Nærøyfjord restrict the use of open loop scrubbers, but not closed loop.
Oman: Open-loop scrubber discharge is not permitted in Oman territorial waters.
Pakistan: The Government of Pakistan Ministry of Maritime Affairs (Ports and Shipping) Circular 001/2020 prohibits the discharge of wash-water from open loop scrubbers. If closed loop scrubbers are not in use then compliant fuel should be used and changed over before arriving in port waters.
Portugal: Use of open loop scrubbers are not allowed from entry of the ship into the port, along the port channel and at berth (moored), until the ship leaves the port. Only closed loop operation is allowed.
Qatar: Qatari Environmental Law, wash water originated from the open loop scrubbers, containing chemicals and /or metals are PROHIBITED to be discharged in Qatari waters.
Saudi Arabia: Saudi Port Authorities have now banned exhaust wash water discharges from open loop EGCS systems in Saudi ports until an environmental standard is issued in this regard.
Singapore: Maritime and Port Authority of Singapore (MPA) forced a ban on the use of open loop scrubbers on 1 January 2020. This ban not apply to ships transiting the Traffic Separation Scheme (TSS) without calling into the Port of Singapore.
Spain: Use of open loop scrubbers is prohibited at the Spanish ports of Algeciras, Cartagena and Huelva.
Sweden: Whilst there is no nationwide ban in Swedish waters on the use of open loop scrubbers, Gothenburg, Stockholm, Trelleborg and Petroport, Stenungsund have placed restrictions.
United Kingdom – Scotland: Forth Ports and Port of Dundee Byelaw 59 specifically prohibits the discharge of materials into the Forth and Tay. This applies to discharge water from an “Open Loop” scrubber.
Therefore, as a precaution the use of “Open Loop” scrubbers on the Forth and Tay is prohibited until further notice.”
United States: Californian Ports and Waters. The Californian ARB OGV regulations stipulate only distillate fuels can be used to comply with the 0.1% sulphur limit. Changeover to compliant distillate fuel (MGO or MDO) prior to entering Californian waters.
United States: Connecticut Ports and Waters. Discharge of exhaust gas scrubber washwater into Connecticut waters from any vessel is prohibited.
United States: Port of Seattle. Port of Seattle Terminals Tariff No. 5, Item 4001 states that passenger cruise ships will not discharge graywater, blackwater, or exhaust gas cleaning system wash water, whether treated or not while at berth in Port Terminals.
United Arab Emirates: Port Fujairah prohibits use of open loop scrubbers in its waters.
United Arab Emirates: Dubai. Guidelines for Vessels Calling to Dubai Territorial Waters states that the use of EGCS is prohibited within Dubai territorial waters.
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Source: North P&I Club
