Washington Waves
Washington Waves

Washington Waves for September 30, 2024

Washington, D.C. – The Environmental Protection Agency (EPA) announced a final rule on national discharge standards to control the release of pollutants and invasive species from approximately 85,000 vessels operating in U.S. waters. Issued through its Vessel Incidental Discharge National Standards of Performance rule, the EPA said the new standards will not be implemented for up to two years while the U.S. Coast Guard develops corresponding regulations.

The standards address discharges that occur with normal operation of large vessels by targeting harmful pollutants, including bacteria, pathogens, oil, grease and metals, while reducing the spread of invasive species that can damage ecosystems and infrastructure, the agency stated.

EPA Principal Deputy Assistant Administrator for Water Bruno Pigott said the rule will help protect vital U.S. waterways while reducing the spread of invasive species, like zebra mussels. Pigott added the final rule also delivers on Congress’ direction to establish nationwide requirements to replace the current patchwork of federal, state and local rules.

Until the Coast Guard’s regulations become final and enforceable, EPA said, vessels will continue to be subject to the existing discharge requirements established in its 2013 Vessel General Permit, the Coast Guard’s ballast water regulations and other applicable local and state requirements. Additional information is available on EPA’s Commercial Vessel Discharge Standards website.

Mariner Credentials

On September 18, the Coast Guard began issuing Merchant Mariner Credentials (MMCs) with an embedded QR code that can be scanned by a smart phone camera to determine the validity of the credential without additional data entry. Located in the upper right corner of each MMC photograph/personnel page, the QR code will open the mariner’s credential verification page on the Coast Guard’s Homeport website.

To validate an MMC without a smart phone, mariners can use the Coast Guard’s credential verification tool. For a document search, select “MMC” as the document type and enter the document number. On the new MMC, the document number can be found on the cover beneath the corresponding barcode and will have the prefix “Z.”

For additional information, contact the National Maritime Center (NMC) Customer Service Center by emailing IASKNMC@uscg.mil or calling 1-888-IASKNMC (427-5662).

The NMC Customer Service Center (CSC) will extend its hours of operation, citing challenges in contacting the center during peak hours. Effective September 30, the CSC’s new hours of operation will be 8 a.m. to 5:30 p.m. (Eastern time), Monday through Friday.

“The CSC experiences its busiest times around midday,” said Capt. B.W. Clare, NMC commanding officer. “To avoid longer wait times, we recommend calling early in the morning when phone lines are less busy.”

In addition to calling the NMC at 1-888-IASKNMC (427-5662), Clare also suggested using Live Chat with chatbot, the Check Your Status Tool, the Credential Verification Tool or emailing IASKNMC@uscg.mil.

FMC Reminder

In an industry advisory, the Federal Maritime Commission (FMC) reminded regulated entities that all statutes and regulations remain in effect during any terminal closures related to a potential strike in East Coast and Gulf of Mexico regions.

The FMC also directed its Bureau of Enforcement, Investigations and Compliance to investigate reports of unlawful conduct of regulated entities, adding that violators will be prosecuted to the “fullest extent of the law.”

“Common carriers and marine terminal operators (MTOs) must continue to comply with all statutory and regulatory requirements, including rules governing tariffs, service contracts, MTO schedules, the application of and invoicing for demurrage and detention and all other fees and surcharges assessed,” the FMC stated.

Noting that its regulations require that demurrage and detention fees serve as legitimate financial incentives to encourage cargo movement, the FMC said it will scrutinize any demurrage and detention charges assessed during terminal closures.

“Demurrage and detention invoicing must be lawful,” the FMC said.

Public Comment Period

The U.S. Committee on the Marine Transportation System (CMTS) reopened the public comment period on its request for information to identify what types of planning guidance, documents, datasets and federal funding opportunities are utilized in planning long-term environmental change in ports and to identify barriers to action.

Comments will now be received until September 30 via www.regulations.gov, Docket No. DOT-OST-2024-0044. For additional information, contact Heather Gilbert at 202-366-3612 or heather.gilbert@cmts.gov.