- The United States has initiated criminal proceedings for alleged sulfur regulation violation by the vessel Ocean Princess.
- The vessel has been accused of multiple sulfur regulation violations within the US waters in the past and dealt with via civil actions with fines levied as per EPA guidance.
- The tanker was accused of not fitted with a scrubber or other approved equivalent method of compliance.
According to an article published in Ship and Bunker, in a landmark move, the US has started criminal prosecution proceedings following an alleged sulfur regulation violation by the Panama-flagged M/T Ocean Princess.
Defendants named
Marshall Islands-registered vessel owner Lilly Shipping Ltd, Liberia-registered operator Ionian Shipping & Trading Corp. and NewYork-registered ship manger Ionian Management Inc are all named as defendants in the case.
While there have been multiple sulfur regulation violations within US waters in the past, historically these have been dealt with via civil actions at the agency level with fines levied as per EPA guidance.
It is understood this is the first time a vessel emissions violation has been referred to the Department of Justice for criminal prosecution.
Violated ECA rules
Legal documents filed in the District Court of the Virgin Islands state that on multiple occasions between March 2, 2016, and September 5, 2018, the vessel was knowingly operated with fuel that exceeded the emissions control area (ECA) sulfur cap for bunkers of
0.10% that has been in place since 2015.
The tanker was not fitted with a scrubber or other approved equivalent method of compliance, the court documents note, which may have otherwise allowed the vessel to legally operate with high-sulfur fuel.
Accused of transferring cargo
But not only did the bunkers exceed the permitted sulfur specification, but the parties also stand accused of transferring cargo into the vessel’s bunker tanks on numerous occasions, and creating corresponding false entries in the Oil Record Book as well as producing false bunker delivery notes in an effort to cover up their actions.
Obstruction of evidence
On July 11, 2018, in particular, the defendants are also accused of obstructing an investigation by the US Coast Guard and Department of Homeland Security to determine compliance with sulfur regulation, including falsely stating that the vessel routinely lifted ULSD in Galisbay, St Martin, and instructing lower-level crew members to lie to US Coast Guard Inspectors.
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Source: ShipandBunker
