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DHS/USCG | RIN: 1625-AA89 | Publication ID: Spring 2008 |
Title: Dry Cargo Residue Discharges in the Great Lakes (USCG-2004-19621) | |
Abstract: The historical practice of bulk dry cargo vessels on the Great Lakes is to wash or otherwise deposit cargo residues (dry cargo residue or cargo sweepings) overboard. Dry cargo residue is cargo left on the deck or cargo spaces after loading or unloading operations. Generally, these residues include limestone and other clean stone, iron ore (such as taconite), coal and salt, and cement. These substances are primarily inorganic and thought to be non-toxic and non-hazardous. Dry cargo residues from conveyor belts and cargo holds are collected and deposited overboard and the post-loading residues are washed off the deck and other working spaces to eliminate unsafe conditions onboard the vessel, without requiring alternatives that could involve time delays or added cost. The implementing regulations for the International Convention for the Prevention of Pollution from Ships, 1973 (MARPOL Annex V) prohibits the discharge of garbage, which these sweepings are considered, into the Great Lakes. However, under an interim enforcement policy (IEP) first adopted by the USCGs Ninth District in 1993, and revised/reissued in 1995 and again in 1997, these requirements were not enforced so as to allow the continuation of cargo sweeping under certain conditions. Public Law 108-293 also directs the Coast Guard to undertake any environmental assessment that would be necessary to support new regulations; this assessment is in progress. Market or Regulatory Failure Analysis: The Coast Guard is currently governing the discharge of dry cargo residues (DCR) into the Great Lakes through the Interim Enforcement Policy (IEP), in which certain DCR discharges are allowed in certain designated areas. Following expiration of the IEP on September 30, 2008, if the Coast Guard does not promulgate new regulations, the stricter provisions of MARPOL Annex V and APPS would take full effect, resulting in the prohibition of DCR discharges into the Great Lakes. The Coast Guard is currently studying if the IEP results in a market failure (i.e., over-provision of discharge and marginal social costs greater than industry costs). If so, a new regulation is needed to provide a balance between the need to protect the Great Lakes environment and the need for safe and reasonable operation of Great Lakes commercial dry bulk carriers. | |
Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 33 CFR 151 | |
Legal Authority: PL 108-293 |
Legal Deadline:
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Overall Description of Deadline: Public Law 108-293 directs the Coast Guard to continue implementation of an existing enforcement policy that regulates incidental dry cargo residue on the Great Lakes, until September 30, 2008, or until the promulgation of new regulations that would replace the existing policy. |
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Timetable:
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Additional Information: Supplementary information about this rulemaking may be found in the docket for this rulemaking. The docket may be accessed via the URL listed below. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: LCDR Mary Sohlberg Project Manager, CG-5224 Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., Washington, DC 20593 Phone:202 372-1429 Email: mary.j.sohlberg@uscg.mil |