Ships constructed on or after 1st January, 2016 and entering into the North American or US Caribbean Emission Control Areas (ECA) must comply with the Tier III NOx requirement of MARPOL Annex VI, Chapter 3, Regulation 184.108.40.206.
DNV GL advised that this affects any ship whose keel is laid or where the vessel is at a similar stage of construction. The regulatory change also applies to a major conversion defined in Regulation 13.
However, the new rule will not apply to marine diesel engines installed on a ship with a combined diesel engine propulsion power of less than 750 kW if it is demonstrated to the satisfaction of the administration and cannot comply with the standards set forth (in paragraph 5.1.1 of Regulation 13) because of design or construction limitations of the ship.
Currently, no other ECA has NOx Tier III compliance requirements, the class society said. Compliance is also required for ships operating in an ECA that is eventually designated for Tier III NOx – other than the North American or Caribbean ECAs. In such cases, a later date may be specified in the amendment designating the NOx Tier III ECA.
Failure to comply with the NOx Tier III requirements would be a violation of the US Act to Prevent Pollution From Ships (APPS). This could result in civil penalties of $25,000 per violation with each day of a continuing violation considered a separate violation.
In addition, civil penalties of $5,000 per day may be applied for false statements or other fraudulent representation of a continuing violation. Vessels may be liable in rem and may be prosecuted in Federal Court.
Finally, vessel clearance may be revoked and a surety bond may be required to sail, DNV GL warned.
Source: DNV GL