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DHS/USCG | RIN: 1625-AA89 | Publication ID: Spring 2010 |
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 discharge cargo residues ("dry cargo residue") overboard. Dry cargo residue is cargo that remains 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, salt, and cement. These substances are primarily inorganic, non-toxic, and non-hazardous. The implementing regulations for Annex V of the International Convention for the Prevention of Pollution From Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL Annex V), prohibits the discharge of "garbage," which these sweepings are defined as, into the navigable waters of the United States. However, under an "interim enforcement policy" (IEP) adopted by the USCG's Ninth District in 1993 (and revised/reissued in 1995 and 1997) and adopted by Congress beginning in 1998, these requirements were not enforced, thereby allowing the continuation of cargo sweeping in specified areas of the Great Lakes. The Coast Guard published an Interim Rule (73 FR 56492) on September 29, 2008. It amended the regulations to allow the discharge of bulk dry cargo residue (DCR) in limited areas of the Great Lakes by self-propelled vessels and by any barge that is part of an integrated tug and barge unit. This regulation adopts the IEP, and new recordkeeping and reporting requirements, and encourages carriers to adopt voluntary control measures for reducing discharges. Discharges are also now prohibited in certain protected and sensitive areas where, previously, they were allowed. The Coast Guard requested public comments on the need for and feasibility of additional conditions that might be imposed on discharges in the future, such as mandatory use of control measures, or further adjustments to the areas where discharges were allowed or prohibited. The Coast Guard has now entered Phase II, studying control measures on vessels and bulk dry cargo facilities, to reduce the amount of residue discharges in the Great Lakes. The Coast Guard intends to analyze the data, post a tiered EIS, and publish a supplemental NPRM. | |
Agency: Department of Homeland Security(DHS) | Priority: Substantive, Nonsignificant |
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:
None |
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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: Kate O'Dell Project Manager, CG-5224 Department of Homeland Security U.S. Coast Guard 2100 Second Street, SW., STOP 7126, Washington, DC 20593-7126 Phone:202 372-1432 Email: katherine.r.odell@uscg.mil |