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The Directorate of Ports and Coasts (DPC) issued clarification reconsidering its ban on the use of open-loop exhaust gas cleaning systems – EGCS (scrubbers) in Brazilian jurisdictional waters. On 22 July 2020, DPC confirmed that to comply with the global sulphur cap of Regulation 14.1.3 of MARPOL Annex VI, it will permit alternative methods, as provided for in Regulation 4.1 of the IMO Convention.
After it changed its approach, the maritime authority did not impose any restriction on the use of open-loop scrubbers anywhere in Brazil and pointed out that the criteria for the operation of EGCS and scrubbing water discharge are those outlined in IMO Resolution MEPC.259(68) (“the Guidelines”).
DPC should leave the matter to be regulated by the federal environmental authority, as more information becomes available on the content of wash water and potential long-term effects of discharges into the aquatic environment. The Ministry of the Environment (or its regulatory agency IBAMA) has not made any public announcements on the matter yet.
Therefore, it seems quite clear that, until the relevant authority revises the criteria, vessels equipped with open-loop scrubbers can burn HSFO (up to 3.5% m/m) and discharge washwater in Brazilian waters, so long as the EGCS meets the requirements of the Convention and its various guidelines.
In case of non-compliance with the current regulations, the maritime authority may: a) go through a case-by-case analysis and report to the flag State; b) set a deadline to remedy the deficiency; c) impose fines; and d) detain the vessel until the defect is rectified, as described in DPC Circular 7/2019.
Irrespective of the maritime authority’s change of approach, Vale issued a statement banning the use of scrubbers and wash water discharges in the ports and terminals within its jurisdiction as a port authority. It also recommends that vessels calling at its ports change over to IMO 2020 compliant fuel and do not release wash waters when entering Brazil’s contiguous zone (24 nm from the coast). Vale operates the port terminals of Ponta da Madeira (Maranhao), in northeast Brazil, Tubarao (Espirito Santo), Itaguai, and Ilha Guaiba (Rio de Janeiro), in the southeast.
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