Shipping Lawyer Environmental Regulations in Shipping 2 — Questions and Answers
Question 1: What is the 'magic pipe' scheme and what US law does it violate?
- An illegal bypass hose used to discharge oily bilge water overboard without treatment, violating MARPOL and APPS (Correct answer)
- A legal pipe for emergency ballast water discharge
- A US Coast Guard inspection device
- A pipeline for ship-to-ship fuel transfer
Correct answer: An illegal bypass hose used to discharge oily bilge water overboard without treatment, violating MARPOL and APPS
A 'magic pipe' is an illegal device used to discharge oily water directly overboard while bypassing the required oily water separator, violating MARPOL Annex I and APPS.
Question 2: What is an Oil Record Book (ORB) and why is it critical in US pollution prosecutions?
- A required vessel log of all oil transfers and discharges; falsifying it is a separate federal crime (Correct answer)
- A financial record of fuel costs
- An insurance document tracking oil cargo values
- A port authority record of vessel arrivals
Correct answer: A required vessel log of all oil transfers and discharges; falsifying it is a separate federal crime
MARPOL requires vessels to maintain ORBs recording all oil operations; presenting a falsified ORB to the US Coast Guard is a separate federal crime of obstruction.
Question 3: What is a 'deferred prosecution agreement' (DPA) in the context of a vessel pollution case?
- An agreement where the company avoids conviction by paying fines and operating under a court-appointed monitor (Correct answer)
- A plea deal where officers plead guilty in lieu of corporate charges
- A USCG administrative consent order
- An EPA cleanup agreement
Correct answer: An agreement where the company avoids conviction by paying fines and operating under a court-appointed monitor
In major pollution prosecutions, DOJ often offers DPAs requiring the company to pay substantial fines, implement environmental compliance programs, and accept an independent monitor for several years.
Question 4: Under the US Clean Water Act, what is required before a vessel may discharge ballast water in US waters?
- Compliance with the EPA Vessel General Permit (VGP) or equivalent Coast Guard standards for ballast water treatment (Correct answer)
- A USCG annual safety inspection
- A flag state discharge permit
- Payment of a discharge fee to the port
Correct answer: Compliance with the EPA Vessel General Permit (VGP) or equivalent Coast Guard standards for ballast water treatment
Vessels must manage and treat ballast water to meet EPA VGP or USCG discharge standards designed to prevent introduction of invasive species into US waters.
Question 5: What is the IMO 2020 sulfur cap and how does it affect vessels trading in US waters?
- A global 0.5% sulfur limit on marine fuels outside ECAs, with 0.1% limit in ECAs including US coastal waters (Correct answer)
- A US-only 1% sulfur cap on all vessels
- A complete ban on heavy fuel oil globally
- A 2% sulfur cap for all vessels in international trade
Correct answer: A global 0.5% sulfur limit on marine fuels outside ECAs, with 0.1% limit in ECAs including US coastal waters
IMO 2020 reduced the global sulfur cap from 3.5% to 0.5% m/m; within ECAs (including US coastal waters), the limit is 0.1%, requiring use of low-sulfur fuels or exhaust gas scrubbers.
Question 6: Which US agency has primary enforcement authority over vessel oil pollution in US waters?
- US Coast Guard (USCG) (Correct answer)
- Environmental Protection Agency (EPA) alone
- National Oceanic and Atmospheric Administration (NOAA)
- Federal Maritime Commission (FMC)
Correct answer: US Coast Guard (USCG)
The US Coast Guard has primary responsibility for vessel safety and pollution enforcement in US waters, including inspections, detention of non-compliant vessels, and referral of criminal cases to DOJ.
Shipping Lawyer Environmental Regulations in Shipping 2
What is the 'magic pipe' scheme and what US law does it violate?