EPA Settles with Shipping Companies over
Claims of Clean Water Act Violations
Media Contact:
Michael Brogan, 415-295-9314, brogan.michael@epa.gov
SAN FRANCISCO (June
28, 2023) – The
U.S. Environmental Protection Agency (EPA) has settled with two shipping
companies over claims of violations of EPA’s Vessel General Permit issued under
the Clean Water Act. Under the terms of the settlements, Swire Shipping Pte.
Ltd. will pay $137,000 in penalties and MMS Co. Ltd. will pay $200,000 in
penalties for claims of ballast water discharge, inspection, monitoring, and
reporting violations.
Swire Shipping is a privately-owned company headquartered in Singapore. Two
of Swire Shipping’s vessels cited, the Papuan Chief and the New Guinea Chief,
exclusively visited the Port of Pago Pago in American Samoa. The third vessel,
Lintan, has visited the Ports of San Francisco and Long Beach in California as
well as other U.S. ports. Swire Shipping failed to: treat ballast water prior
to discharging it into the ocean in a manner consistent with the compliance
deadline; conduct annual comprehensive inspections; conduct annual calibrations
of a ballast water treatment system; monitor and sample discharges from ballast
water treatment systems; and report complete and accurate information in annual
reports. The settlement includes penalties of $67,075 for the Papuan Chief,
$19,906 for the New Guinea Chief, and $50,019 for the Lintan.
MMS Co. is a privately-owned company headquartered in Tokyo, Japan. MMS Co.
failed to: meet ballast water limitations for biological indicators and biocide
residuals in discharges at U.S. ports, including the Port of Richmond in
California; conduct annual calibrations of ballast water treatment systems;
monitor and sample discharges from ballast water treatment systems; and report
complete and accurate information in annual reports. The settlement includes
penalties of $110,509 for the St. Pauli and $89,491 for the Centennial Misumi.
Vessel self-inspections are required as a means of identifying, for example,
potential sources of spills, broken pollution prevention equipment, or other
issues that might lead to permit violations. Self-inspections empower the owner
or operator to diagnose and fix problems in a timely manner to remain compliant
with the permit, and with U.S. federal law. Because the Clean Water Act relies
on self-reporting of permittees, failures or delays in inspection, monitoring,
and reporting violations are serious and undermine the permit program.
In addition, it is important that such discharges by ships be monitored to
ensure that aquatic ecosystems are protected from discharges that contain
pollutants. Invasive species are a persistent problem in U.S. coastal and
inland waters. Improper management of ballast water can introduce invasive
species or damage local species by disrupting habitats and increasing
competitive pressure. Discharges of other waste streams regulated by the Vessel
General Permit (e.g., graywater, exhaust gas scrubber water, lubricants, etc.)
can cause toxic impacts to local species or contain pathogenic organisms.
EPA's settlement with the two shipping companies resolves claims of Clean
Water Act violations and are subject to a 30-day public comment period prior to
final approval. For more information and to submit comments for Swire Shipping,
click here
for the New Guinea Chief, click here
for the Papuan Chief, and click here
for the Lintan. For MMS Co., click here
for the St. Pauli and click here
for the Centennial Misumi.
Learn more about EPA’s Vessel
General Permit, its recent Enforcement
Alert, and Vessels,
Marinas and Ports.
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