Navigating Emission Control Areas: Operational, Legal, and U. S. Enforcement Risks of MARPOL Annex VI’ s Low Sulphur Fuel Requirements
LUKE M. REID, JEANNE M. GRASSO, AND HOLLI B. PACKER
LUKE M. REID PARTNER
JEANNE M. GRASSO PARTNER
HOLLI B. PACKER ASSOCIATE
The North American Emissions Control Area(“ ECA”), which has been in force well over a decade, is one of four existing ECAs around the world. Effective May 1, 2025, the Mediterranean Sea ECA will become the fifth. In March 2026, pursuant to MARPOL Annex VI, Regulation 13, the Canadian Arctic and Norwegian Sea will also be designated as ECAs, increasing the global total to seven. These two ECAs will become enforceable on March 1, 2027. In addition to these ECAs, other port States around the world have separately implemented domestic emissions control regulations in their territorial seas, with China being a prominent example.
The establishment of these new ECAs and similar emissions control regimes throughout the world will result in an increasing number of vessels crossing ECA boundaries— sometimes multiple times on a single voyage— and on a more frequent basis. The use of different fuel types has in more and more cases led to operational and safety challenges, which has inevitably translated into heightened legal and enforcement risks. Given this expansion of ECAs worldwide, and the growing patchwork of other related port State emissions requirements, it is more important than ever to revisit the various legal and operational risks that have emerged over time, particularly those in the United States, to ensure compliance and mitigate potential risks.
Background Among other requirements, vessels subject to the International Convention for the Prevention of Pollution from Ships(“ MARPOL”) must comply with low sulphur
requirements set forth in Regulation 14 of Annex VI. These requirements mandate that ships use fuel with a sulphur content of no more than 0.5 percent when operating outside an ECA, and no more than 0.1 percent when operating inside an ECA. Alternatively, ships can install approved exhaust gas cleaning systems(“ EGCS” or“ scrubbers”) to meet these standards. EGCS remove sulphur from engine exhaust, achieving an equivalent reduction in sulphur emissions as required by the regulations.
Fuel Switching While Underway Some estimates suggest approximately 10 – 15 percent of existing vessels subject to MARPOL are equipped with scrubbers, though that percentage is rising as many newbuild orders include installation of these systems.
Vessels not fitted with scrubbers may not carry onboard high sulphur fuel oil or other bunkers with a sulphur content exceeding the global cap of 0.5 percent. If a vessel transits through an ECA, it must consume ultra low sulphur fuel oil, marine gas oil, or other fuel with a sulphur content no more than 0.1 percent. Vessels equipped with scrubbers may consume any combination of fuels, so long as the EGCS is fully operational and reduces the sulphur content to a level at or below applicable limits.
Whether or not a vessel is fitted with scrubbers, fuel oil changeover procedures are required by MARPOL Annex VI for vessels entering an ECA. The fuel oil changeover procedure must allow sufficient time for the fuel oil service
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