Loss Prevention Circular No.

5-09

U.S. Guidelines on MARPOL Annex VI

The requirements of MARPOL Annex VI,

relating to air pollution from ships, entered
into force on 8 January 2009 in the USA
as part of the Maritime Pollution Protection
Act of 2008. This enactment follows the
greater emphasis being placed in the U.S.
on vessel air emissions. As of this date,
foreign flagged ships operating in U.S.
waters and U.S. flagged ships must be
able to demonstrate compliance with
MARPOL Annex VI. Compliance
verification should primarily focus on (1)
documentation, (2) equipment
certification/approval and (3) cursory
materiel tests/examination.

The U.S. Coast Guard issued Guidelines for Ensuring Compliance with Annex VI… on 4 February
2009. These guidelines set forth the types of criteria that USCG inspectors may use when
conducting inspections on ships in relation to air emissions. These inspections can occur either
within the context of a Port State Control inspection, or as a ‘stand alone’ examination.

These regulations apply to all U.S. flagged inspected and uninspected vessels, as well as all non-
U.S. flagged vessels above 400 gross tons operating in U.S. waters.

Previously obtained Statements of Voluntary Compliance (SOVC) can be used as documentary

proof of compliance until a vessel’s first scheduled drydocking, but in no case later than 8 January
2012. Otherwise, a valid International Air Pollution Prevention Certificate (IAPP) and an Engine
International Air Pollution Prevention Certificate (EIAPP) will be needed. The USCG Guidelines, at
pages 1-4, discuss in detail the applications of the regulations on this certificate issue.

These Annex VI instructions and criteria of the USCG can be found at:
http://www.gard.no/gard/Publications/USCG_Guidelines.pdf

The following list of MARPOL Annex VI detainable deficiencies is, by no means, a complete listing,
however, it provides an excellent definition of “substandard” for the purposes of Annex VI:

• Absence of a valid IAPP Certificate, EIAPP certificate, or Technical Files;

• A diesel engine for which an EIAPP Certificate is required, which does not meet the NOx
Technical Code;

For more information please contact: Loss Prevention Executive Marius Schønberg, email marius.schonberg@gard.no
The information is provided for general information purposes only. Whilst we have taken every care to ensure the accuracy and quality of the information
provided at the time of original publication, Gard AS can accept no responsibility in respect of any loss or damage of any kind whatsoever which may arise
from reliance on this information. www.gard.no

© Gard AS, April 2009 gardyourship

Loss Prevention Circular No. 5-09

• The sulphur content of the onboard bunkers exceeds 4.5% m/m;

• Non-compliance with SECA requirements in U.S. waters;
• An incinerator or required emission scrubbers that does not meet approval requirements,
or meets approval requirements, but does not function properly;
• Ozone-depleting substances are being emitted;
• The vessel has a substantially incomplete file of bunker delivery notes and associated fuel
samples; and
• Master or crew is not familiar with essential procedures regarding the operation of air
pollution prevention equipment.

Recommendation
Vessel owners/operators and vessel personnel are advised to consult the USCG Guidelines to
ensure regulatory equipment and operational compliance and that the appropriate documentation
covering these items is in order. By consulting the Guidelines owners and operators will also
become familiar with the types of items subject to such USCG inspections and will ensure that the
vessel successfully passes this type of official surveys and inspections.

For more information please contact: Loss Prevention Executive Marius Schønberg, email marius.schonberg@gard.no
The information is provided for general information purposes only. Whilst we have taken every care to ensure the accuracy and quality of the information
provided at the time of original publication, Gard AS can accept no responsibility in respect of any loss or damage of any kind whatsoever which may arise
from reliance on this information. www.gard.no

© Gard AS, April 2009 gardyourship