North American ECA

 On March 26, 2010, the IMO Marine Environment Protection Committee (MEPC) formally amended Revised Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL Convention) to establish the North American Emission Control Area (ECA).  This action was taken in response to the joint US-Canada-France proposal for such an ECA to reduce certain air emissions from ocean-going ships in most waters of the United States, Canada, and the French islands of Saint Pierre and Miquelon out to 200 nautical miles offshore.  Omitted from the ECA are certain waters of Alaska and the Canadian Arctic.  This is the third ECA incorporated into the MARPOL Convention, the others being the North Sea and the Baltic Sea.  Under Annex VI of the MARPOL Convention, all ocean-going ships are subject to restrictions on what air emissions are permissible.  These measures include a schedule under which the permissible air emissions become stricter over time.  Within an ECA, though, the permissible air emissions are significantly more restrictive than elsewhere.  For example, the sulphur content of fuel oil used by ocean-going ships currently may not exceed 4.50% m/m.  For ocean-going ships operating in an ECA, the sulphur content of the fuel oil may not exceed 1.00% m/m.  Nitrogen oxide (NOx) emissions from ocean-going ships are similarly more restrictive in an ECA than elsewhere.  The North American ECA did not happen overnight and was not without controversy.  Air emissions in the United States are generally regulated by the Environmental Protection Agency (EPA) operating under the Clean Air Act.  The EPA has established air emission standards for cars, trucks, and other modes of transportation.  It recognized the difficulty in utilizing the Clean Air Act to regulate emissions from ocean-going ships.  All of the large engines used to power ocean-going ships are manufactured overseas and the vast majority of ocean-going ships calling in US ports are registered with foreign countries.  Therefore, the federal government elected to work with the IMO on a mutually-agreeable approach.  The IMO tightened its air emission standards and the US adopted and will enforce those standards.  Enforcement of the North American ECA will commence on 1 August 2011.