Thursday, September 2, 2010

Bryant’s Maritime Blog – 2 September 2010

Headlines: California – “no discharge zone” proposed for large oceangoing vessels; Alaska – tidal energy project; EC – environmental status criteria for Europe’s seas; and UK – exercise to be conducted in offshore windfarms.

Bryant’s Maritime Consulting - 4845 SW 91st Way - Gainesville, FL 32608-8135 - USA

Tel: 1-352-692-5493 – Email: – Internet:

Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. If a single alligator can lay 5,000 in her lifetime, just think how many a married one could lay.

California – “no discharge zone” proposed for large oceangoing vessels

clip_image004 The Environmental Protection Agency (EPA) proposes to establish a no discharge zone (NDZ) for large passenger vessels and oceangoing vessels of 300 gross tons or more with two days or more sewage holding capacity that would apply to all California marine waters. Comments on the proposal must be submitted by November 1. 75 Fed. Reg. 53914 (September 2, 2010). Note: The approach proposed here is unique. Never before has such a large NDZ been proposed and never before has an NDZ been applied to only a portion of the vessels operating within the zone.

Alaska – tidal energy project

clip_image006 The Federal Energy Regulatory Commission (FERC) issued a notice stating that it received an application for a preliminary permit proposing to study the feasibility of a tidal energy project in Kootznahoo Inlet near the City of Angoon, Alaska. Comments on the application should be submitted within 60 days. 75 Fed. Reg. 53962 (September 2, 2010).

EC – environmental status criteria for Europe’s seas

clip_image008 The European Commission (EC) issued a press release stating that it adopted a decision outlining criteria necessary to achieve good environmental status for Europe’s seas. This will held Member States to develop coordinated marine strategies, ensuring consistency and allowing progress to be compared between regions. (9/1/10).

UK – exercise to be conducted in offshore windfarms

clip_image010 The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that, on Sunday, September 5, it will conduct an exercise at the North Hoyle and Rhyl Flats Offshore Wind Farms to test communications, coordination, and response to a series of mock maritime incidents. This exercise will also involve the Royal National Lifeboat Institute (RNLI), the Royal Air Force (RAF) Search and Rescue, and the operators of the windfarms. (9/1/10).

If you have questions regarding the above items, please contact the editor:

Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135



© Dennis L. Bryant – September 2010

clip_image012 Redistribution permitted with attribution

1 comment:

  1. Dennis,

    This EPA NDZ is nothing new for us in California. California never had real authority to enforce the portion of the 2006 Clean California Coast Act that pertained to the discharge of sewage within 3 miles of the coast. They have petitioned the EPA for that authority and EPA is amending section 312 of the Clean Water Act that will allow this to be enforceable. EPA does not intend to enforce but instead will grant USCG and the California Water Resources Board the ability to enforce.

    There is a change in the draft rule that is notable, In the 2006 Clean California Coast Act basically ships were not allowed to discharge treated sewage if they had a holding tank of sufficient capacity. If they did not have this tank then they could discharge. The rule on gray water was the same. Only one time in the 5 years since the (unenforceable CCA) regulation came into effect that we know of ended up wit a vessel waiting on dock space and filling the Sewage Holding Tank with treated effluent and had to discharge in CA waters. The discharge was considered legal since the owners did not have sufficient holding capacity (There is interpretation and concurrence from the California Water Resources Board for this event.) The way the current DRAFT rule is phrased, this would now be a violation of the CWA. We have spoken to EPA about this and they are saying that this type of comment is exactly what they need during the 60 day comment period to adjust their rule. We suggest we try to get them to add some language that says that after you fill up your holding tanks it would be legal to dump treated effluent without being in violation of the law.

    Best regards,
    Captain Bob Hall
    Managing Partner
    MARPOL Training Institute, Inc.