Obriens Regulatory Updates in USA 2020

WITH YOU WHEN IT COUNTS
2020 REGULATORY
UPDATE
July 15, 2020 Webinar
wittobriens.com
INTRODUCTION
WHAT WE HAVE BEEN UP TO IN 2020
ABOUT US COMPREHENSIVE MARITIME SOLUTIONS

We specialize in crisis and emergency EMERGENCY MANAGEMENT CRISIS COMMUNICATIONS
management. That's all we do—no distractions. • 24/7/365 Incident Response • Crisis Communications Response Planning
• Emergency Planning • Media Response Management
Our mission is to make your organization as • Training & Exercises • Media Training & Exercises
resilient as possible in an unpredictable world.
Everything we do, and all our operations, are OPA-90 COMPLIANCE CRISIS MANAGEMENT
designed with this goal in mind. • Qualified Individual (QI) • Crisis Response Planning
• Incident Management Team (IMT) • Policy & Program Development
We're not desk-bound consultants. We deploy • Response Management & Exercises • Training & Exercises
on short notice to help you overcome the most
challenging events of your career. REGULATORY COMPLIANCE BUSINESS CONTINUITY
• Plans & Coverages • Risk Assessments & Planning
We're the partner you want by your side in a • Master’s Guides • Policy & Program Development
crisis. • Checklists & Circulars • Training & Exercises
VESSEL ATTENDANCE REGULATORY SECURITY COMPLIANCE

WITH YOU WHEN IT COUNTS • Audits • Planning, Assessments & Audits
• Inspections • Policy & Program Development
• Training • Training & Exercises
2
WITH YOU WHEN
IT COUNTS
CRISIS
COMMUNICATIONS
FOR MARITIME
JULY 2020
navigateresponse.com
NAVIGATE RESPONSE
YOUR REPRESENTATIVES FOR THE COURT OF PUBLIC OPINION
Media response and QI services under one roof

Crisis media management
• Faster activation From preparation to response, we deliver
everything you need to protect your company’s
• Seamless coordination reputation
• Integrated American response Media and spokesperson training

- Online courses for seafarers and frontline staff
- In-person training for your senior spokespeople
Drills and exercises

Exercises should feel like real incidents so that
real incidents feel like exercises
Corporate communications
Reach your target markets and stakeholders
via the channels they trust
©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 4

GLOBAL NETWORK
ALWAYS A LOCAL RESPONSE
PROVEN PROFESSIONALS
• Single number activation
• 24/7 monitoring – know what
people are saying about you
• A company that never sleeps
• Real people with real
experience
• Unrivalled presence in the US
COVID-19 TOOK OVER THE MEDIA
CRISES ALWAYS GRAB HEADLINES – PREPARATION IS EVERYTHING
Global media coverage of COVID-19 in 2020 1.028 Million

Daily articles published by recognised media outlets 24 March 2020

MEDIA PRESSURE IS FASTER AND LESS CONSIDERED
SHIPPING WILL BE IN THE SPOTLIGHT, IT’S ONLY A QUESTION OF WHEN
ARE YOU PREPARED?
HAVE YOU TESTED YOURSELF?
YOU SHOULD HAVE:

• A specific crisis communications
plan detailing roles, responsibilities,
processes and key steps.
• A crisis communications handbook

including templates, scripts and
approved answers to key questions.
• Training for ALL your people from

C-Suite to Seafarer.
• External support to ensure you can

respond to high volumes of media
pressure for an extended period.
Exercise you media response

Include us in your next drill and we’ll
help you figure out if you’re actually
prepared.
To learn more about how Navigate Response
can help, email:
enquiries@navigateresponse.com
Dustin Eno
COO & Crisis Response manager
July 2020
navigateresponse.com
EVOLVING REGULATORY LANDSCAPE:
TOPICS OF GREATEST CONCERN IN 2020 AND BEYOND
Kate Kelley Sean Rock

• Global Sulphur Cap 2020 • Alternative Planning Criteria
• Emission Control Areas (APC)
• 2013 EPA VGP Status • USCG Plan Approvals and

One Time Waivers
• Ballast Water Management • VesselPro™ Update
• California Plans
• California Air Resource
Board (CARB)
• COVID-19 Updates
• PREP Compliance: 2020 IMT
TTX E-Learning Tool

COMPLIANCE TOOLS
2020 COMPLIANCE GUIDES AND CHECKLISTS
GUIDES CHECKLISTS
• US Masters Guide • Alaska
• Panama Masters Guide • American Samoa
• Canada Masters Guide • Ballast Water
• Yacht Masters Guide • California
• Crisis Team Guide • Exercises
• Media and Public Affairs • Gulf of Mexico

• Great Lakes
• Guam
• Hawaii
• Pacific NW
• Subchapter “O” endorsements
• VGP
GLOBAL SULFUR CAP
IMPLEMENTATION 2020
• 0.5% Global Sulfur cap went into

effect on January 1, 2020
• Does not affect compliance with
North American and US Caribbean
Emission Control Areas
• Ban on carriage of HFO went into
effect on March 1, 2020
• Has been an issue for vessels
carrying HFO due to delayed
scrubber installation

EMISSION CONTROL AREA
NORTH AMERICA & US CARIBBEAN ECA ZONES
USE OF LOW SULFUR FUEL

• All vessels operating in the North American
and U.S. Caribbean ECA must use low sulfur
fuel oil (< 0.10% )
• Required Actions
o Switch to Ultra Low Sulfur Fuel Oil (ULSFO) before
entering the U.S. EEZ (200nm)
• Exceptions
o Western Alaska outside of Cook Inlet, American
Samoa, Guam and the Commonwealth of the
Northern Mariana Islands
• No innocent passage provisions for ECA
• Tier 3 NOx: 80% NOx reduction for new
engines effective January 2016 based on use of
advanced catalytic after-treatment systems
NORTH AMERICA & US CARIBBEAN ECA ZONES
USE OF EXHAUST GAS SCRUBBER SYSTEMS

• System may be used in US waters provided it is
installed and operated in accordance with
MARPOL Annex VI, Regulation 14
• Vessels with open-loop or hybrid exhaust gas
cleaning systems that discharge washwater
within 0-3nm must meet the numeric effluent
limits found in the VGP, and carryout sampling
o pH limit is more stringent than IMO
• Exceptions
o Use of a scrubber is prohibited in California without
approval from State (out to 24nm)
o Discharge of washwater is prohibited in Connecticut
State waters (0-3nm)
REPORTING NON-COMPLIANCE
FUEL OIL NON AVAILABILITY REPORTS (FONAR)
• As of June 2019, EPA will not be accepting FONAR submissions

• All reports of non-compliance should be sent directly to the local
USCG COTP. This includes violations of the carriage ban.
• USCG will investigate all reports of non-compliance and may also
refer the matter to EPA.
o We expect the local USCG to be actively investigating ECA compliance issues,
and strongly recommend that any instance of noncompliance be reported as soon
as possible.
• Recent cases where action has been taken by the US Department of
Justice for ECA violations

REPORTING NON-COMPLIANCE
• Some general factors that may impact penalties

o Degree of willfulness or negligence
o Degree of cooperation
o History of non-compliance
• Bottom Line: Cooperation is Key

o Was the non-compliance self-reported, and how quickly?
o Was a comprehensive corrective action plan implemented?
o What efforts were made to come into compliance?

STATUS OF 2013 VESSEL GENERAL PERMIT (VGP)
• Vessel Incidental Discharge Act (VIDA) changed how EPA

and USCG will regulate incidental discharges, and they
have been charged with developing new regulations
o Proposal currently under inter-agency review with the Office of
Management and Budget, and is expected to be released for
public comment in the next few months.
o Full implementation not likely until 2022
• Current 2013 VGP will remain in effect until new
regulations are issued
o Including analytical monitoring and submission of Annual
Reports
• All existing eNOIs will remain valid and new submissions
are allowed while the current VGP remains in effect
BALLAST WATER MANAGEMENT
USCG IMPLEMENTATION AND COMPLIANCE
• Implementation schedule based on delivery date and first scheduled

drydock after January 1, 2014 / 2016 (separate from IMO schedule)
• Vessels not past their compliance date or are covered under a USCG
extension may continue to conduct exchange
• Comply in one of the following ways
• Use a USCG Type Approved System (currently 34 systems approved) or
Alternative Management System (AMS)
• Do not discharge ballast within 12nm (US territorial sea)
• Discharge to on onshore treatment facility (none currently available)
• Use ballast sourced from a US public water supply

ACTIONS REQUIRED
• After compliance date, ALL discharges of ballast in US waters,

within 12nm, must be treated
o Install and use a treatment system (USCG TA or AMS)
o Monitor in accordance with 2013 VGP
• This applies regardless of where the ballast is sourced (e.g.,
another U.S. port)
• No deviation or route exemption, as was allowed for deep sea
exchange
• Even ballast taken on and discharged within a single Captain of the
Port (COTP) zone must be treated

ACTIONS REQUIRED
• Submit Ballast Water Management Report (BWMR) to National Ballast

Information Clearinghouse (NBIC)
o USCG is reviewing the NBIC reports to flag vessels
o Checking if the system is being used prior to discharge
• Additional reporting required for several US states
• Maintain a Ballast Water Management Plan that includes specific
references to USCG compliance
• Comply with any/all additional US state requirements
o Additional information is included in our State-specific Checklists and Ballast Water
Management Checklist

ACTIONS REQUIRED – INOPERABLE SYSTEM
• Report operational issues to local USCG as soon as possible
• If the system fails or is suddenly inoperable, notify the nearest USCG

COTP zone and the USCG COTP where the discharge will occur
o Separate from the BW Management Report to NBIC
• USCG will determine what actions, if any, are needed to authorize the
vessel to discharge ballast in U.S. waters
• May include conducting deep sea exchange, but decision is made on
a case by case basis. Ultimately, the vessel may not be authorized to
discharge
• USCG has started granting extensions to vessels with chronically
inoperable system, provided there are clear repair plans

USCG ENFORCEMENT
• USCG has required the vessel to go

outside of 12nm to discharge ballast
and come back in to continue cargo
operations – for as many times as
needed to complete the necessary
discharge
• In a port like New Orleans, this could
be as long as a 16-hr transit each way,
and could take up to 5+ trips to
complete
• In addition to pilotage and port fees,
this may take the vessel off charter

USCG ENFORCEMENT
• Where a traditional “route exemption” may apply for a vessel, we have

seen local USCG exercise their discretion on allowing the vessel to
utilize the exemption
• Vessels are being required to exchange outside of 50nm
o In one instance a USCG Sector Columbia River almost required the vessel
to go outside of 200nm after a voyage from Vancouver, B.C.
• Contact us at inquiry@wittobriens.com or call our Command Center
(+1 281 606 4818) if you have issues or questions

EXTENSIONS
• USCG issued MSIB 14-20 in April 2020, with a new policy to grant 12 month
extensions for any vessel will a compliance date between April 1, 2020 – April
1, 2021
• Extensions for > 12 months or for
compliance dates outside that window
are still possible
• More information must be provided
with the request
• Granting extensions for AMS systems
where the system is close to type
approval
• In general, it has been good news on
extensions!

CANADIAN BALLAST WATER UPDATES
CURRENT IMPLEMENTATION AND MANAGEMENT
• Canada is a party to the Ballast Water Management Convention

• Manage ballast in one of the following ways:
o Conduct a deep-sea exchange (200nm/2000m depth)
o Use an IMO approved treatment system
o Transfer ballast and sediment to a reception facility
o Retain ballast onboard while in Canadian waters
• Residual ballast or sediments must be flushed prior to uptake
• Submit Ballast Water Reporting Form

CANADIAN BALLAST WATER UPDATES
PROPOSED REGULATIONS
• In 2019, Transport Canada

issued proposed regulation
for implementation of the
convention
• Maintains many current
requirements, such as
flushing and reporting
• Additional exchange
requirements for vessels
operating on the Great
Lakes

ALTERNATIVE PLANNING CRITERIA (APC)
COMPLIANCE IN REMOTE AREAS
• Required for vessels on transit passage in remote COTP Zones where

sufficient response equipment is not available to satisfy the national
planning standards.
o American Samoa (Honolulu COTP Zone)
o Guam & Commonwealth of the Northern Mariana Islands
o Western Alaska including the Aleutians
o Southeast Alaska
• Transit versus Innocent Passage
o Innocent passage: transiting US waters on voyages between foreign (non-US) ports.
o Transit passage: transiting US waters when bound to or departing from a port or
place in the US.
• USCG issued policy in 2017 to standardize criterion for obtaining APC
approval across all remote zones
WHY APC?
Qualified Individual and Incident Management Team
Certain VRP Services may not

be available in Remote Areas
OSRO Aerial Dispersants Containment Shoreline Shoreline AMPD,

Tracking Protection Cleanup MMPD, WCD
SMFF
Assess and Aerial
Stabilization Aerial
Sustainment Support Special Marine
Survey Tracking Tracking Equipment Operations Firefighting

APPLICABLE REGIONS
• US EEZ around Alaska, Guam/NMI and American Samoa

REQUIRED ACTIONS
• Enroll with an approved APC provider

o Western Alaska including the Aleutians
− Nontanks: 1-Call Alaska or The Network
− Tanks: The Network and Alaska Chadux
o Southeast Alaska
− SEAPRO
o American Samoa
− Solar Inc. (Witt O’Brien’s holds the APC, approved through June 2023)
o Guam & Commonwealth of the Northern Mariana Islands
− OSROCO (Witt O’Brien’s holds the APC, approved through June 2023)
• Maintain APC enrollment certificate and APC Approval Letter
• Strictly adhere to the APC operating procedures / vessel master’s checklist
• Provide us a copy of the annual certification of enrollment / valid local OSRO
contract to obtain updated VRP/NTVRP Approval Letter with proper authorization
for the remote area
REMINDER FOR TANK VESSELS CALLING ALASKA
• Ensure necessary coverages

are in place for vessels
intended route
• If calling Alaska, CISPRI and
Alyeska/SERVs coverage does
not authorize vessel for the
entire Western Alaska COTP
zone
• Additional coverage with
Chadux & The Network is
needed if the vessel will be
within 200nm while en route to
Cook Inlet or PW Sound

USCG PLAN APPROVALS
CHANGING EXPECTATIONS
• USCG HQ VRP staff had previously confirmed that due to several

factors their plan review queue had grown exponentially
• They have defaulted to the 30/60 day rule for all plan submissions
• Plan reviews are currently taking on average: 15 - 30 days
• Submissions are strictly processed in the order received

USCG PLAN APPROVALS
PROCESS INSIGHTS
• Communicate ETAs as early as possible

• Submit the eNOA, even if still waiting for the plan approval – this can at times
help push the approval letter issuance, as local COTP will contact USCG
Headquarters for status
• Know what coverages are needed, and arrange all needed coverage
documentation as soon as possible in order to provide to USCG to have
revision submission accepted (OSRO, Salvage and Marine Fire Fighting
Service Provider)
• SMFF Documents Needed:
o Updated Contract & Funding Agreement listing the vessel
o Pre-fire Plan and Pre-fire Plan Certification

USCG PLAN APPROVALS
ONE TIME WAIVERS
• For vessels needing approvals in less than 30 days, we will work with USCG
HQ to get them issued prior to arrival and / or submit a one-time waiver to the
local COTP.
• Waiver allows a single voyage entry and exit of a COTP Zone while waiting on
issuance of a full approval
• One-time waivers cannot be submitted to the local COTP until between 24 –
72 hours prior to a confirmed vessel arrival.
• Issuance of a one-time waiver is at the discretion of the local USCG COTP – it
is not a guaranteed alternative to an approval

USCG PLAN APPROVAL
WHAT TO EXPECT…IF YOU REQUIRE A ONE-TIME WAIVER
2018 – 130 requests (99 Approved // 5 requests denied // 26 not needed*)
2019 – 261 requests (209 Approved // 10 requests denied // 42 not needed*)
2020 – 67 requests so far (51 Approved // 3 requests denied // 13 not needed*)

90
*(USCG HQ VRP approval issued or vessel schedule changed after submission of the one-time waiver request)
80
70
60
50
40
30
20
10
0
Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3 Qtr4 Qtr1 Qtr2 Qtr3
2018 2019 2020
N/A Denied Accepted
USCG PLAN APPROVAL
WHAT TO EXPECT…IF YOU REQUIRE A ONE-TIME WAIVER

VESSELPRO™
INFORMATION WHEN YOU NEED IT
Secure cloud access to your most updated plan versions to
download and print as needed. Our resource library houses an 24/7 Access to Vessel Response Plans
archive of approvals, exercise documents, presentations, and Most up to the minute plans available to Plan
Holder, Vessels, Responders and Regulators
regulatory guides for your quick reference at any time.
Planning through VesselPro™ provides the following benefits, with additional Approvals
value being added all the time:
Convenient accessibility to plan approvals to
⚬ Streamlined plan updates and regulatory submissions ensure compliance
⚬ 24/7 Access from anywhere in the world with internet connection
⚬ Increased accuracy, strengthening oversight and quality control Circulars

Archive of all Witt O’Brien’s circulars, regulatory
⚬ Improved Invoice accuracy and timeliness checklists, Masters guides and exercise documents
⚬ Compliance Calendar
• Resubmission Reminders
Service Request Tracking
• Annual Review Reminders
To be released 2020, allowing plan updates and
• IMTTTX Notices communication to Client Specialist through
⚬ More information and updates to come in 2020
VesselPro™

VESSELPRO™
SYSTEM UPDATES

CALIFORNIA
ADDITIONAL REQUIREMENTS
• Contingency Plans
o Strict submission timeframes and penalties
− Plan requests must be submitted at least 7 calendar days (5 working days) prior to arrival, but CA OSRP can
take up to 60 days to process the approval if there is no upcoming ETA
oHard copy manuals
o Approval Letter
o 5-Year Resubmission
• CA COFR
o Strict submission timeframes and penalties
− COFR requests must be submitted at least 10 days prior to arrival, but CA OSPR can take up to 30 days to
process the approval if there is no upcoming ETA
− Lately CA COFRs have been issued 1-2 days prior to the vessel’s arrival
oAnnual Renewal Documentation (COE)
• Agent for Service of Process

CALIFORNIA
EMISSION REDUCTION REGULATIONS
• Low Sulfur Fuel

o Applicability – “commercial” ocean-going vessels
operating within California Regulated Waters (out to
24nm from the Baseline)
o Compliant fuel types – marine gas oil or marine
diesel of 0.1 % or less
o Use of any type of exhaust gas scrubber to meet
the sulfur limit is prohibited in California Waters
unless a research exemption is obtained from
CARB.

CALIFORNIA
• At-Berth Emission Reductions

o Vessel types and applicability
− Currently limited to passenger, container, and refrigerated cargo vessels (but being expanded in
proposed rule)
o Shore power options
o Increased to 80% effective January 1, 2020
• Current proposal to update applicability of At-Berth Emission requirements
(final rule expected later this year)
o As proposed, will include Stockton and additional terminals in the Bay Area
o Will expand the types of vessels required to comply -
− Additional container, reefer and cruise vessels - 2021
− Ro-ro vessel (auto carrier) - 2024
− Tanker vessels - Los Angeles and Long Beach in 2025 and Northern California in 2027

CALIFORNIA
• Tankers operating around port of Long Beach

o Due to concerns from the public about the number of tank vessels anchored
in this region, there has been additional scrutiny / questions coming from
CARB on vessels compliance with the low sulfur fuel oil requirements
• California South Coast Air Quality Management District (AQMD)

actively enforcing their Marine Tank Vessel Regulations (Rule 1142)
o Prohibits any liquid or gaseous leaks from “…all hatches, pressure relief
valves, connections, gauging ports and vents and other equipment
associated with a loading, lightering, ballasting, or housekeeping event” from
tank vessels while in California Regulated Waters

USCG GUIDANCE
MSIB 02-20: NOVEL CORONAVIRUS UPDATE – CHANGE 5
Coast Guard issued entry restrictions for the following countries:

Austria, Belgium, China, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Iran,
Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal,
Slovakia, Slovenia, Spain, Sweden, Switzerland, UK, and the Federative Republic of Brazil.
• Non-passenger commercial vessels that have been to the countries noted above or embarked crewmembers from the countries noted above
within the last 14 days, with no sick crewmembers, will be permitted to enter the U.S. and conduct normal operations, provided that
crewmembers remain aboard the vessel except to conduct specific activities directly related to vessel cargo or provisioning operations. U.S.
citizens or any other persons listed in Section 2 of Presidential Proclamation “Suspension of Entry as Immigrants and Nonimmigrants of
Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus”, for example crewmembers with a transit and/or
crewmember visa, may be permitted to disembark the vessel to conduct vessel operations pier side or for the immediate and continuous
transit through the U.S. to another country. When entering the U.S. all persons must be cleared by Customs and Border Protection (CBP) and,
if applicable, CDC. Crewmembers without the appropriate visas will generally be required to remain onboard unless otherwise cleared for
entry by CBP and, if applicable, CDC.
• Non-passenger commercial vessels that have been to the countries noted above or embarked crewmembers from the countries noted
above within the last 14 days and do have sick crewmembers should expect delays and need to work with local health and port
officials prior to entry.
• All persons that have been in or through a country listed above may be subject to CDC screening prior to disembarkation.

USCG GUIDANCE
MSIB 06-20: REMINDERS ON REPORTING ILLNESS IN THE US
Coast Guard reminds Vessel Operators regarding reporting that …

• The illness of persons on board a vessel must be reported to both the Coast Guard and the Centers for Disease Control and Prevention
(CDC). Vessels or masters that do not immediately report illness or death among passengers or crew may face delays and disruption to
passenger and cargo operations including a requirement to return to the previous port after sailing. Additionally, vessels and masters are
subject to Coast Guard enforcement action, which include civil penalties, vessel detentions, and criminal liability.
• Any illness of a person on board a vessel that may adversely affect the safety of a vessel or port facility is a hazardous condition per 33 CFR
160.216 and must be immediately reported to the USCG Captain of the Port (COTP) under 33 CFR 160.206.
• Cases of persons who exhibit symptoms consistent with COVID-19 must be reported to the COTP. Such persons will be evaluated and treated
on a case by case basis. Per 42 CFR 71.21, vessels destined for a U.S. port are required to report to the CDC any sick or deceased
crew/passengers during the 15 days prior to arrival at a U.S. port. The master of a ship destined for a U.S. port shall report immediately to the
quarantine station at or nearest the port at which the ship will arrive, the occurrence, on board, of any death or any ill person among
passengers or crew (including those who have disembarked or have been removed) during the 15-day period preceding the date of expected
arrival or during the period since departure from a U.S. port (whichever period of time is shorter).
Onboard Precautions: The Centers for Disease Control and Prevention (CDC) has updated their Interim Guidance for Ships on Managing
Suspected Coronavirus Disease 2019. This guidance includes measures to prevent infection in crew members, recommended PPE, cleaning and
disinfection, how to manage sick passengers or crew. Vessel owners and operators are encouraged to develop procedures to prevent, respond,
and mitigate the effects of COVID-19 on board vessels. These plans should include the applicable aspects of the CDC guidance as well as any
additional requirements of local health agencies.

USCG GUIDANCE
MSIB 09-20: VESSEL INSPECTIONS, EXAMS, AND DOCUMENTATION
Coast Guard posture regarding compliance verification…

• The Coast Guard will continue to use a risk based program to determine which vessels will be required to undergo a Port State Control Exam.
• To facilitate the safe flow of commerce, the Coast Guard will liberally use remote inspection techniques to verify vessel compliance and, if
needed, defer inspections.
• The Coast Guard will not issue deficiencies or detain vessels for expired certificates, documents or mariner credentials until October 1, 2020.
• Certain Certificate of Compliance (COC) exams are a statutory and regulatory requirement. Based on the evaluation of the history of the
vessel, the Officer In Charge of Marine Inspections (OCMI) may:
• Require attendance onboard the vessel to conduct a full or abbreviated exam;
• Accept objective evidence such as vessel status within Qualship 21, previous port state or flag state exams, recent classification
surveys, pictures, video, vessel logs, machinery alarm reports, etc. in lieu of attendance onboard the vessel to credit a required
inspection or exam; or
• Defer a required inspection or exam for up to 90 days
• Prior to boarding a vessel USCG will verify no ill persons on board and will practice the appropriate protective measures outlined by the CDC.
• Email: outbreakquestions@uscg.mil
• MSU Texas City: Not allowing visitors on board the vessel during port state control activities. Confirmed this has not been adopted by entire
Sector Houston-Galveston. Other USCG units may adopt this approach as local circumstances warrant.

REGULATORY REMINDERS
OTHER COMPLIANCE TOPICS FOR REVIEW
• USCG PREP Requirements

• Other Related Exercise Requirements
• Emission Control Area (ECA) Compliance
• EPA No Discharge Zones (NDZ)
• EPA Vessel General Permit (VGP)
• Polar Code
• Additional State Requirements
• Canada
• Panama
• OPA 90 Service Requirements Review
EXERCISE REQUIREMENTS
USCG – PREP OVERVIEW
• Preparedness for Response Exercise Program (PREP)

o Shipboard Requirements (Master)
− Qualified Individual (QI) Notifications
− Emergency Procedures Exercises
− Remote Assessment and Consultation Exercises (RACE)
o Shore Side Requirements (Plan Holder)
− Incident Management Team Tabletop Exercises (IMT TTX)
− Salvage and Marine Firefighting TTX
− Equipment Deployment Exercises (OSRO and SMFF)
• Updates
o Reminder: USCG has finalized revisions that reduce the applicability
of the RACE to one vessel per fleet every three years

2020 IMT TTX E-LEARNING COURSE
COMPLIANCE FOR 2020
Will be available for all plan holders to obtain compliance for the 2020 IMT TTX and SMFF TTX requirements

2020 IMT TTX E-LEARNING COURSE
COMPLIANCE FOR 2020
• Registration can be completed by filling out

and returning the CSV file included in this
webinar
• There is no cost for accessing the course or
limit on enrollment
• A newsletter officially announcing the course
will be forthcoming
• Completion of the course will generate your
2020 company certificate of compliance

QUESTIONS
inquiry@wittobriens.com
REGULATORY REMINDERS
OTHER COMPLIANCE TOPICS FOR REVIEW
• USCG PREP Requirements

• Other Related Exercise Requirements
• Emission Control Area (ECA) Compliance
• EPA No Discharge Zones (NDZ)
• EPA Vessel General Permit (VGP)
• Polar Code
• Additional State Requirements
• Canada
• Panama
• OPA 90 Service Requirements Review
USCG – PREP OVERVIEW
• Preparedness for Response Exercise Program (PREP)

o Shipboard Requirements (Master)
− Qualified Individual (QI) Notifications
− Emergency Procedures Exercises
− Remote Assessment and Consultation Exercises (RACE)
o Shore Side Requirements (Plan Holder)
− Incident Management Team Tabletop Exercises (IMT TTX)
− Salvage and Marine Firefighting TTX
− Equipment Deployment Exercises (OSRO and SMFF)
• Updates
o Reminder: USCG has finalized revisions that reduce the applicability
of the RACE to one vessel per fleet every three years

USCG – SALVAGE AND MARINE FIREFIGHTING VERIFICATIONS
• USCG developed a program to conduct SMFF

verifications
• USCG will initiate the exercise through the plan preparer
o 5 to 10 day response period for the SMFF
o Does not involve equipment / resource deployment
o May delay plan approvals for vessel additions or new plans
o Also conducting them on 5-year resubmissions
• Witt O’Brien’s will help facilitate communication between
SMFF, plan holder, and USCG
• Typically no action required of the Plan Holder during
the exercise

PREP GUIDELINES
SHORE SIDE EXERCISES
• Applies to all tank and non-tank plan holders

• Incident Management Team Tabletop (IMT TTX) Exercise
o Annual Requirement, satisfied by attending one of the Witt O’Brien’s annual IMT
TTX events
• Salvage and Marine Firefighting (SMFF) Tabletop Exercises
o Annual Requirement, satisfied by attending the annual combined IMT TTX and/or
attending a salvage or marine firefighting specific table top exercise conducted by
your SMFF provider
• Equipment Deployment Exercises – OSRO & SMFF
o These exercises are conducted and documented by your Oil Spill Removal
Organization (OSRO) and SMFF providers

PREP GUIDELINES
SHIPBOARD EXERCISES
• Qualified Individual (QI) Notifications

o Quarterly Notifications while operating in U.S. EEZ
o Call 24-Hour Emergency Number: +1 281 606 4818
• Emergency Procedures Exercises
o Quarterly Exercise, and two (2) per year should involve a SMFF component
o Conducted onboard the vessel and may be carried out anywhere in the world
o At least two (2) per year should be unannounced
• May be combined
• Record exercises in ship’s log or use the Internal Exercise
Documentation Form

PREP GUIDELINES
SHIPBOARD EXERCISES: RACE
• Remote Assessment and Consultation Exercise

(RACE)
o One (1) exercise per plan during the triennial cycle (3-years)
o May select any vessel in NT VRP/ VRP for the exercise
o Follow the plan activation procedures to initiate exercise
− Master call the QI to initiate the exercise using the 24-Hour Emergency Number:
+1 281 606 4818
− QI will contact the SMFF providers
− SMFF provider will follow up with the Master to complete the exercise
− SMFF provider will send documentation of the exercise that must be
maintained on board

STATE INITIATED UNANNOUNCED NOTIFICATION DRILLS
• Alaska, Washington, Oregon, and California

CALIFORNIA IMT UNANNOUNCED EXERCISE
• California boarding officers may also initiate an

exercise of your Incident Management Team (IMT)
• The Master will be presented with detailed scenario and must:
• One (1) exercise per plan during the triennial cycle (3-years)
o Take the actions required by CA Vessel Oil Contingency Plan
o Immediately contact the QI using the 24-Hour Emergency Number:
+1 281 606 4818
o State “This is a State-Initiated Incident Management Team Exercise”
o Provide support as request by QI
• Precursor to passing legislation formalizing SMT (IMT) certification and
training requirements

EPA NO DISCHARGE ZONES (NDZ)
• EPA has designated certain water bodies as No Discharge Zones
(NDZs) for treated and untreated sewage
o Most are freshwater, but there are several NDZs in states with
commercial shipping activities
o A list of NDZs by State can be found at: https://www.epa.gov/vessels-
marinas-and-ports/no-discharge-zones-ndzs-state
• California marine waters (0-3nm) are a NDZ for large passenger vessels
and ocean going vessels holding tanks with remaining storage capacity
• Other States that have been designated as NDZs
o Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut,
Michigan, and Wisconsin (Lake Michigan)
o New York State inland waters, Lake Erie, Lake Ontario, and Long Island Sound
o Puget Sound, Washington State (May 10, 2018)
EPA NO DISCHARGE ZONES (NDZ)
PUGET SOUND, WASHINGTON STATE
• Effective May 10, 2018

• Commercial vessels are prohibited
from discharging both treated and
untreated sewage within the NDZ
• Graywater may be discharged in
accordance with the 2013 VGP
• Often reported that treated sewage
discharges are also prohibited in the
Columbia River, however there are no
federal or state regulations prohibiting the
discharge at this time

2013 VGP
CURRENT REQUIREMENTS
Bilgewater
Oil to Sea Interfaces
Graywater Monitoring
Exhaust Gas Scrubbers

2013 VGP
COMPLIANCE DOCUMENTATION AND ANNUAL REPORTING
Routine Weekly Inspections
Comprehensive Annual Inspections

Corrective Actions
Analytical Monitoring
Online Annual Report

Training
INTERNATIONAL CODE
FOR SHIPS OPERATING IN POLAR WATERS (POLAR CODE)
• Part I – Safety (SOLAS & STCW)

o Vessel Assessment / Survey & Polar Ship Certificate
o Polar Code Operations Manual
• Part II – Environmental (MARPOL)
o Update to existing SOPEP/SMPEP manuals
• Applicability
o Generally north of 60°N and South of 60°S
o Not applicable to vessels calling Anchorage or Valdez
• Implementation
o Part I: Upon delivery or first intermediate or renewal survey after
January 1, 2018
o Part II: All vessels – January 1, 2017

ALASKA
ADDITIONAL STATE REQUIREMENTS
• Nontank Vessels > 400 gross registered tons

o Local OSRO coverage
o Oil Discharge Prevention & Contingency Plan (ODPCP)
o Alaska COFR
• Tank Vessels
o Spot Charter Approval – Chartering Terminal Facility
o AK COFR traditionally provided by the Charterer
o OSRO coverage via Charterer’s provider – O’Brien’s Needs Copy
o Verify need for APC enrollment depending on vessel routing
o O’Brien’s revises VRP and provides updated Approval Letter
• Exceptions: Kivalina (Red Dog), AK
CALIFORNIA
ADDITIONAL BUNKERING REQUIREMENTS - NONTANKS
• Complete Declaration of Inspection (DOI)

• Contact your OSRO via email prior to bunkering
o No confirmation is required
o Do not contact your QI: Witt O’Brien’s
• 7 Barrel Spill Kit must be available during bunkering operations

CALIFORNIA
BIOFOULING MANAGEMENT
• Applies to all vessels 300 gross tons or more

• Biofouling Management Regulations
o Effective October 1, 2017
o Annual Vessel Reporting Form
− Must be submitted 24-hours prior to first arrival in California
for calendar year
− Replaces Annual Hull Husbandry and Ballast Water Treatment forms
o Biofouling management plan and record book*
o Biofouling management requirements*
o Extended residency periods in California*
*Effective upon delivery or after the first regularly scheduled out-of-water maintenance
on or after January 1, 2018
CALIFORNIA
STATE BALLAST WATER UPDATES

• For vessels not using a treatment system, all ballast must undergo
exchange prior to discharge in CA
o Vessels with ballast from outside Pacific Coast Region (PCR) must exchange
outside of 200nm from any land
o Vessels with ballast from inside the PCR must exchange outside of 50nm from
any land
• All vessels must submit a BWMR to State Lands Commission at least 24
hours prior to arrival
• Ballast water logbook must be maintained by tank
Note: California has been strictly enforcing these requirements, checking lat/long data for
exchange, and issuing significant penalties.
CALIFORNIA
SHORELINE PROTECTION COVERAGE CHANGES

• Changes to MSRC coverages
o Both NRC and MSRC provide necessary coverage
for California
• Recommend 24-Hour advance notification
o NRC:
− Port Hueneme
− Santa Barbara Channel – southbound traffic lane only,
− Southern San Francisco Bay
− Eureka or Humboldt Bay
− San Diego
o MSRC:
− Humboldt Bay
− Monterey
− Port Hueneme
OREGON
• Applies to commercial vessels > 300 gross tons

• Enroll with the Maritime Fire & Safety Association (MFSA)
o Applicability
o Arrival Notice – 96 hours in advance
o Field Guide
o Covers Washington State requirements for vessels calling
a WA port on the Columbia River
• Enroll with Coos Bay Response Cooperative Inc. (CBRC)
o Only for vessels calling Coos Bay

OREGON
• Applies to “commercial vessels”

• Ballast Water Management
o Discharge only waters taken from Oregon State “Common Waters”
o Conduct deep sea ocean exchange more than 200nm from shore (no route
exemption)
o Use a ballast water treatment system
o Conduct treatment plus exchange for ballast water sourced at < 18ppm salinity
• Ballast Water Management Reporting
o 24 hours in advance of arrival in state waters
• Ballast Water Logbook must be maintained by tank

WASHINGTON
STATE CONTINGENCY PLANS
• Applies to commercial vessels > 300 gross tons

• Vessels calling Strait of Juan de Fuca, Puget Sound,
or other coastal ports must enroll in a state contingency
plan
o Both National Response Corporation (NRC) and Washington
State Maritime Cooperative (WSMC) maintain approved plans
• Maintain a copy of Field Documents and Notification
Placards on board the vessel
• Enroll in Western Canada Marine Response Corporation
(WCMRC)
o No fee for enrollment for vessel on innocent passage
through Canada

WASHINGTON
• State plan is not required for vessels on innocent

passage
through Strait of Juan de Fuca en route to/from Canada
o However, you must still notify your plan provider – either
NRC or WSMC – that you will be transiting the area
• Emergency Response Towing Vessel (ERTV) coverage
is required for vessels transiting the Strait of Juan de
Fuca,
not on innocent passage
o Enrollment through the Marine Exchange of Puget Sound
with assistance of local vessel agents

WASHINGTON
• Applies to all vessels over 300 gross tons

• Ballast Water Management
o Retain ballast on board
o Discharge only waters taken from Washington State “Common Waters”
o Conduct deep sea ocean exchange more than 200nm from shore (no route
exemption)
o Use a ballast water treatment system
• Ballast Water Reporting Form
o Must be submitted to State of Washington at least 24 hours prior to arrival in State
waters
o For vessels calling the Columbia and Willamette Rivers, reports must be
submitted to both Oregon and Washington
• Ballast Water Logbook must be maintained by tank
HAWAII
• Additional requirements for aerial tracking and dispersant

services
o Local COTP requires vessels operating within 12 nm of
Hawaii to provide evidence of coverage from their OSRO
prior to arrival
o As of January 1, 2018 both MSRC and NRCC provide these
services and issue a certificate of coverage for the same
o For now, the Navigational Restriction remains on VRP/NTVRP
Approval
o No revision to the VRP / NTVRP is required as plans already
list MSRC or NRCC
• VGP eNOI – Hawaii Department of Health

CANADA SHIPPING ACT
COVERAGES AND DOCUMENTATION
• Vessels trading in Canada must have a contract with a

Certified Response Organization (CRO)
o Western Canada Marine Response Corporation (WCMRC) –
formerly Burrard Clean Operations (BCO)
− For vessel trading to the west coast of Canada, and is arranged
through the Chamber of Shipping of British Columbia (COBC)
o Eastern Canada Response Corporation (ECRC)
− For vessels trading to the east coast, St. Lawrence Seaway,
and Great Lakes of Canada
• Required Documents
o CRO Contract and Canada Declaration

INNOCENT PASSAGE
ADDITIONAL REQUIREMENTS: COFR
• Vessels on innocent passage transiting U.S. waters through

the St. Lawrence Seaway enroute to/from Canadian ports in
the Great Lakes must have a valid US COFR
• Vessels on innocent passage transiting U.S. waters through

the Strait of Juan de Fuca en route to/from Canadian ports
must have a valid US COFR

PANAMA CANAL COMPLIANCE
COVERAGES AND DOCUMENTATION
• Required documents for vessels transiting the Canal

o Panama Canal Shipboard Oil Pollution Emergency Plan
(PCSOPEP)
− Must be submitted at least 96-hours in advance of arrival to Panama Canal
o PCSOPEP Notice of Acknowledgement (NoA)
− Approval document for the PCSOPEP
o Panama Canal Ship Identification Number (SIN)
− Assigned during first transit of the Canal
• Panama Canal Authority will only review a PCSOPEP after the 96-hour
notice of arrival is received
• Failure to have a compliance PCSOPEP will result in possible delays and
monetary penalties ~ $2500
• REMINDER: Fuel Standards – distillate marine fuels only

PANAMA
AUTHORIZED PERSON – OOPS PANAMA
• Authorized Person (AP) Notification Exercise

o Demonstrates communication between AP and Master
o Must be conducted at least twice per year
o Call the 24-hour emergency number + 507 6673 6081
o Complete the AP Exercise Report Form
o Submit form to oopspanama@oopspanama.com
o Document exercise by completing form and making an entry in the in ship’s log
• Panama Canal Authority may require a ship to participate in an exercise

PANAMA BALLAST WATER REQUIREMENTS
• The ACP included a number of ballast water

management
measures for vessels operating in Panama Canal
Waters
• Full list is available in the Panama Master’s Guide
• Notice to Shipping No. N-1-2020

FEDERAL COMPLIANCE:
USCG & EPA
• Both Tank and Non-Tank Vessels must maintain
the following documents
o Certificate of Financial Responsibility (COFR)
o Vessel Response Plan (VRP/NTVRP)
o USCG VRP/NTVRP Approval Letter and Interim Operating
Authorization (IOA)
o EPA 2013 Vessel General Permit (VGP) Notice of Intent
• All are allowed to be kept onboard in electronic format since 2014
• For Chemical or Gas Carriers
o Review additional documentation requirements in the Subchapter “O” Endorsement
(SOE)-CVTIS Checklist

QUESTIONS
inquiry@wittobriens.com

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WITH YOU WHEN IT COUNTS

ABOUT US COMPREHENSIVE MARITIME SOLUTIONS

VESSEL ATTENDANCE REGULATORY SECURITY COMPLIANCE

Media response and QI services under one roof

• Integrated American response Media and spokesperson training

Drills and exercises

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 4

Global media coverage of COVID-19 in 2020 1.028 Million

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YOU SHOULD HAVE:

• A crisis communications handbook

• Training for ALL your people from

• External support to ensure you can

Exercise you media response

COO & Crisis Response manager

Kate Kelley Sean Rock

• 2013 EPA VGP Status • USCG Plan Approvals and

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• US Masters Guide • Alaska

• Panama Masters Guide • American Samoa

• Canada Masters Guide • Ballast Water

• Yacht Masters Guide • California

• Crisis Team Guide • Exercises

• Media and Public Affairs • Gulf of Mexico

• 0.5% Global Sulfur cap went into

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USE OF LOW SULFUR FUEL

USE OF EXHAUST GAS SCRUBBER SYSTEMS

FUEL OIL NON AVAILABILITY REPORTS (FONAR)

• As of June 2019, EPA will not be accepting FONAR submissions

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 15

• Some general factors that may impact penalties

• Bottom Line: Cooperation is Key

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• Vessel Incidental Discharge Act (VIDA) changed how EPA

• Implementation schedule based on delivery date and first scheduled

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• After compliance date, ALL discharges of ballast in US waters,

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 19

• Submit Ballast Water Management Report (BWMR) to National Ballast

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 20

• Report operational issues to local USCG as soon as possible

• If the system fails or is suddenly inoperable, notify the nearest USCG

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• USCG has required the vessel to go

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 22

• Where a traditional “route exemption” may apply for a vessel, we have

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 23

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• Canada is a party to the Ballast Water Management Convention

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• In 2019, Transport Canada

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• Required for vessels on transit passage in remote COTP Zones where

Qualified Individual and Incident Management Team

Certain VRP Services may not

OSRO Aerial Dispersants Containment Shoreline Shoreline AMPD,

©2020 WITT O’BRIENS ALL RIGHTS RESERVED. 28

• US EEZ around Alaska, Guam/NMI and American Samoa

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• Enroll with an approved APC provider

• Ensure necessary coverages

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• USCG HQ VRP staff had previously confirmed that due to several