A guidance to inform that while international standards set by the IMO provide a baseline for compliance for scrubbers’ discharge, local authorities in various regions enforce stricter guidelines or additional requirements.
To manage risks associated with scrubber wash water discharge from ships, global regulations outlined by the International Maritime Organization (IMO) are crucial. The IMO’s Resolution MEPC.340(77), known as the 2021 Guidelines for Exhaust Gas Cleaning Systems, sets standards for monitoring, recording, and ensuring the quality of scrubber wash water. These guidelines aim to control pollutants released into the environment during the operation of exhaust gas cleaning systems.
While adhering to IMO rules generally ensures compliance with international standards, ship owners face additional challenges due to local regulations that may differ significantly from global norms. For instance, local authorities in various regions have enforced stricter guidelines or additional requirements beyond those stipulated by the IMO. This has led to instances where ship owners have been fined heavily for non-compliance with local rules regarding scrubber usage, despite meeting IMO criteria, Shipowners’ Club notes.
Navigating these dual sets of regulations—global IMO standards and local variations—poses a compliance challenge for ship operators. They must carefully monitor and adjust their practices to meet both international and local requirements to avoid legal penalties and ensure environmental responsibility.
There are a number of ways in which countries may endorse or differ from the general international criteria, as outlined by Shipowners’ Club below:
- Express approval: Some countries specifically state in their local laws that wash water may be discharged in their waters or ports. Care should be taken in these cases to consult local agents in particular ports, as it is not unheard of for such a general government position to contrast with the rules in specific ports.
Example
Brazil – There has been a statement by the authorities that there are no restrictions on scrubber water discharges. However, the Ports of Parana have confirmed separately that restrictions do apply in their terminals.
- Localised bans on discharge: In some jurisdictions compliant wash water may not be discharged in certain anchorages, ports, in the country’s territorial sea, or within their Exclusive Economic Zone (EEZ). Care should be taken to consult with local authorities and agents in these cases as the regulations may be fluid.
Example
Argentina – Discharge of wash water was announced as forbidden within territorial waters. This was then extended to the EEZ, before it was reported that the regulations may be suspended entirely.
- Notification requirements: In some jurisdictions compliant wash water may only be discharged where the discharge is notified to the authorities. In some places permission to discharge is also required to be obtained before the operation takes place.
Example
Australia – Generally scrubber water discharge is permitted, subject to notifying the authorities in advance of arrival in port and providing them with sufficient information about the planned discharge. If they are satisfied, they will provide permission for the operation to go ahead. However, in certain ports in Sydney, permissions will always be denied.
- No publicly available information: Some countries do not have specific processes or procedures for wash-water discharge which we are aware are publicly reported.
Example
The Caribbean – The position appears to be particularly difficult for ship owners operating in this region, which is home to some of the most sensitive marine habitats and strictest environmental standards as a result. The following countries do not appear to have clear rules on what is or is not permitted with regards to scrubber discharge: Antigua and Barbuda, Aruba, Bahamas, Barbados, British Virgin Islands, Cuba, Curacao, Grenada, Haiti, Jamaica, Martinique, St Lucia, St Maarten, Trinidad & Tobago, US Virgin Islands.