SPEAKING WITH ONE VOICE ON THE ENVIRONMENT

Industry Collaborative Efforts

API Tanker ConferenceMay 2012

Kathy MetcalfChamber of Shipping of

America

Chamber of Shipping of America

US national shipowner association 35 member companies US and foreign flag vessels All vessel types Engaged in domestic and

international trade Founding member of the

International Chamber of Shipping (ICS)

US COMMISSION ON OCEAN POLICY

“…THE DOMINANT PARDIGM FOR GOVERNING THE OCEANS WAS THE PRINCIPLE OF FREEDOM OF THE SEAS, BASED ON THE PREMISE THAT THE OCEANS WERE INFINITE AND MARINE RESOURCES INEXHAUSTIBLE…”

So Why the Aggressive Approach to Marine Environmental Issues?Shipping is global and so are

environmental impacts Cultural shift from casualty focus to

normal vessel operationsAs land based sources are subject to

more stringent environmental regulations, shipping is a larger percentage of the remaining “problem”

Shipping is still the most environmentally friendly form of transportation

Basic Assumptions

Maintain level playing field for international shipping

General environmental statutes (Clean Water Act/Clean Air Act) are not a “one size fits all” especially as regards the maritime industry

Minimize impacts on existing ships with remaining useful life (grandfathering)

Preemption of regional/state/local requirements is paramount

First meeting in 1999 to address ballast water issues

Expanded to other issues in 2001 Meetings (in person/telcon) on as needed

basis Participation open to any maritime trade

associations with focus on DC associations Focus on industry positions re: US federal

initiatives with some exceptions (IMO and state initiatives)

Historical Genesis of Shipping Industry Coalition

American Waterways Operators (AWO)

Chamber of Shipping of America (CSA)

Cruise Lines International Association (CLIA)

International Association of Independent Tanker Owners (INTERTANKO)

World Shipping Council (WSC)

Regular Coalition Participants (Core)

American Maritime Congress (AMC)

American Maritime Officers (AMO)

American Petroleum Institute (API)

BIMCO Canadian Shipowners Association

International Association of Masters, Mates and Pilots (MMP)

Other Coalition Participants (1) (Issue Based)

International Chamber of Shipping (ICS)

Lake Carriers Association (LCA) Passenger Vessel Association (PVA)

Shipping Federation of Canada Transportation Institute (TI)

Other Coalition Participants (2) (Issue Based)

In excess of 90% of vessels calling in US ports

Engaged in domestic and international trade

US and non-US flagAll vessel types (container, tanker, specialty, tug/barge, bulk, cruise)

Coalition Representation

Identify key initiatives (legislation, regulation)

Individual associations conduct analysis of initiative

Coalition conducts comparative analysis (reality check and information sharing)

Outreach to association members for position development

Coalition meets to develop position on issues

Comments or testimony developed (feedback loop to association members)

Decision taken re: coalition comments versus individual association comments

Position Development Process

Legislation (Federal)◦ Pre-introduction meetings with

Congressional staff◦ Influence development of legislation text

prior to introduction◦ Develop Hill strategy post-introduction

(ongoing through enactment)◦ Present testimony to committees/sub-

committees with jurisdiction over subject matter

◦ Respond to additional questions posed by Members

Regulation (Federal and State)◦ Develop and submit formal comments to

dockets◦ Respond to additional questions posed by

agency promulgating regulations

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Coalition Responses to Initiatives

Examples of Subject Matter Addressed by Coalition (1)Ballast Water LegislationVessel Discharge Legislation Maritime Security LegislationIMO ratification packages (Senate)Vessel Discharge Regulations (EPA VGP)Ballast Water Regulations (USCG)Air Emissions Regulations (USCG and

EPA)

Examples of Subject Matter Addressed by Coalition (2)California Ballast Water Regulations

(standards and sampling/compliance monitoring)

New York State Ballast Water and Graywater Regulations

State 401 certifications to VGPCalifornia Biofouling RegulationsCalifornia No Discharge Zone for SewagePending litigation and request/need for

amicus filings

Case Study – BW Management (1)1990 – US enactment of Nonindigenous

Aquatic Nuisance Prevention and Control Act (NANPCA)

1991 – IMO Guidelines (MEPC Resolution 50(31))

1993 – IMO Assembly Resolution A.774(18) urging continuous review of guidelines with view to developing legally binding requirements

1996 – National Invasive Species Act (NISA)

1997 – IMO Assembly Resolution A.868(20)

1998 - regulatory implementation of the National Invasive Species Act of 1996 (voluntary program)

Case Study – BW Management (2)2003 – CA Marine Invasive Species Act2004 – final rule mandating use of BWE as

management tool based on low compliance rates with voluntary program plus reporting and recordkeeping

2005 – legislative proposal (Inouye)2008 – industry amicus in NW

Environmental Advocates vs. EPA (9th Circuit Court of Appeals)

2008 – CA Marine Invasive Species Act amended

2008 – EPA final VGP 1.0

Case Study – BW Management (3)2008 to current – state 401 certifications

(CA, NY, WI, PA)2009 – legislative proposal (Oberstar)2009 – CA Marine Invasive Species Act

amended2010 – CA Marine Invasive Species Act

amended2011 – finalized studies by NAS and EPA

SAB2011 – EPA proposed VGP 2.02011/2012 – legislative proposal

(LoBiondo); draft text in Senate

Case Study – BW Management (4)2012 – USCG final rule on ballast water

treatment2012 – CA proposed rule on sampling and

compliance monitoringOngoing – technology availability studies

(IMO, USCG and CA)Pending – entry into force of IMO BW

ConventionPending – US ratification of IMO BW

ConventionPending – US type approvalsPending – State 401 certifications to VGP

2.0

CONTACT INFORMATION

Kathy MetcalfDirector, Maritime AffairsChamber of Shipping of America1730 M Street, NWSuite 407Washington, DC 20036Kmetcalf@knowships.org202.775.4399

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