The Virginia Maritime Association is the 104-year-old trade association representing over 450 businesses directly and indirectly engaged in the flow of waterborne commerce through Virginia’s ports, to include vessel operators, terminal operators, and all manner of companies involved in transportation and logistics.  As the “Voice of Port Industries,” we write in objection to the “New Regulatory Rulemaking on Ocean-class Passenger Cruise Ships“ petition, filed October 1, 2024, requesting unnecessary and burdensome regulations on Virginia’s cruise ship industry.

A recent economic impact study from The College of William and Mary shows that in fiscal year 2022, The greater Port of Virginia supported nearly 730,000 jobs statewide and generated $87.8 billion in gross state product. Beyond maintaining and growing Virginia’s economy, our greater port serves the nation as a major East Coast transportation gateway, as well as an ideal mid-Atlantic cruise ship hub. Given the importance of the maritime economy to the Commonwealth, we offer the following comments in response to the requests of the filed petition.

1. Mandating the use of low-sulphur fuel

Vessels calling on Virginia’s port already use low-sulphur fuels or permitted exhaust gas cleaning systems in compliance with international, federal, and state law. The International Convention for the Prevention of Pollution from Ships (MARPOL) Annex VI regulates air pollution from ships, and the International Maritime Organization (IMO) enforces those rules globally:

• Emission Control Areas (ECAs): North American waters, including Virginia's commercial waterways, are designated as ECAs. This limits the sulfur content of fuel used by ships to 0.10% (by mass).
• Nitrogen Oxides (NOx) Emission Standards: MARPOL also sets NOx standards for ships, including those operating in North American waters.

As mentioned above, in accordance with the Environmental Protection Agency (EPA), the U.S. adheres to IMO's ECA standards within 200 nautical miles of the coast, and ships operating in U.S. ECAs must use fuel with a sulfur content not exceeding 0.10% or a permitted exhaust gas cleaning system. Additionally, the EPA’s Vessel General Permit (VGP) program includes fuel-related provisions focusing on emissions compliance and recordkeeping. Finally, the U.S. Coast Guard enforces compliance with MARPOL standards and conducts inspections to ensure ships meet EPA emission limits and other federal environmental standards.

Furthermore, the Clean Air Act regulates emissions from stationary and mobile sources, including vessels. While it primarily applies to shore-based facilities, it requires adherence to federal ECA standards and other pollution limits.

At the state level, Virginia enforces EPA standards through the Virginia Department of Environmental Quality (DEQ).

2. Banning the use of Exhaust Gas Cleaning Systems (open-loop scrubbers)

Again, the IMO regulates fuel emissions from ships under MARPOL Annex VI, and under these rules ships can use exhaust gas cleaning systems like open-loop scrubbers to meet sulfur emissions standards if they discharge washwater within allowable parameters.

MARPOL allows individual countries to enforce stricter local standards if desired. In the U.S., the EPA’s VGP requires that vessels using open-loop scrubbers within 3 nautical miles of our shores must meet additional monitoring, effluent limitation, and reporting requirements. 

3. Requiring the use of shore power

Shore power, also called cold ironing or alternative maritime power, is currently not mandated under IMO or the EPA, as their above-mentioned existing fuel and exhaust treatment regulations adequately address the established emissions standards.  

Additionally, the infrastructure to support shore power does not exist in Virginia’s ports, and the installation of such would be costly and time consuming, hindering the economic viability of vessels calling on Virginia and driving the cruise industry to competing East Coast ports. 

4. Restricting the dumping of graywater, blackwater, and other environmentally detrimental waste products

In addition to emissions, the IMO sets the main standards for overboard discharge for international waters through MARPOL Annex’s IV, V, & VI:

• MARPOL Annex IV: Regulates the discharge of sewage.
• MARPOL Annex V: Regulates the discharge of garbage and other waste.
• MARPOL Annex VI: Includes requirements related to exhaust gas cleaning systems, including wash water discharge if open-loop scrubbers are used.

In this case, U.S. laws are stricter than international regulations, especially regarding waters within the 200-nautical mile Exclusive Economic Zone (EEZ) and 3-nautical mile territorial waters:

• Clean Water Act (CWA): Overseen by the EPA, this act regulates the discharge of pollutants into U.S. waters including ballast water, gray water, and bilge water.
• No Discharge Zones (NDZs): In U.S. territorial waters, the EPA and states can designate specific areas as NDZs, where any discharge of treated or untreated sewage is prohibited.
• EPA’s Vessel General Permit (VGP): This permit applies to large vessels, including cruise ships, and regulates various discharges, including ballast water, bilge water, and graywater. It includes stringent requirements for the treatment and discharge of wastewater within the EEZ.
• Graywater Discharge: U.S. federal law restricts gray water discharge within 3 miles of the coast. vessels must either treat gray water to meet EPA standards or discharge it farther offshore.
• Scrubber Discharge: Washwater discharge from open-loop scrubbers is regulated under the EPA's VGP.

 Virginia does not have unique laws specifically targeting vessel discharges, but several state laws align with federal regulations to protect local waterways:

• Virginia Water Control Law: The Virginia DEQ enforces state water quality standards and works with the EPA to regulate pollution, which includes monitoring and enforcement of federal discharge restrictions within Virginia waters. This includes adherence to the Clean Water Act standards.
• NDZs: There are currently no state-enforced NDZs specifically for cruise ships, Virginia’s DEQ has the authority to petition for NDZs in collaboration with the EPA if necessary to protect sensitive waters. However, as previously established, discharges are already adequately regulated under the EPA’s VGP.

5. Requiring incident reporting and independent monitoring to ensure compliance

The IMO, through various MARPOL Annexes, establishes global reporting standards:

• MARPOL Annex I: Requires the reporting of any oil spill or discharge incidents. Vessels must log these incidents in the Oil Record Book, documenting each discharge and transfer operation involving oil or oily mixtures.
• MARPOL Annex IV: Requires sewage discharge records, which must be logged and available for inspection. This includes details on treated sewage discharge, date, time, location, and volume.
• MARPOL Annex V: Requires vessels to record garbage discharges in a Garbage Record Book, noting type, amount, date, time, and location of disposal.
• MARPOL Annex VI: Governs air emissions, requiring vessels to maintain a log for fuel used, sulfur content, and exhaust gas cleaning systems (e.g., scrubbers) if used. Vessels must also record details of any exhaust gas cleaning system washwater discharge. Emissions records must include data on sulfur oxides (SOx), nitrogen oxides (NOx), and carbon dioxide (CO2) emissions.

These records must be maintained onboard and available for inspection by authorities at any port under IMO signatory countries, including the U.S. Coast Guard.

In U.S. waters, vessels are subject to stringent reporting requirements under federal laws, particularly through the EPA and the U.S. Coast Guard.

Overboard Discharge Reporting

• Vessel General Permit (VGP): The EPA's VGP outlines requirements for reporting discharges, including ballast water, graywater, bilge water, and other effluents. Under the VGP:
  1. Annual Reporting: Cruise operators must submit annual reports detailing all relevant discharges.
  2. Monitoring and Recordkeeping: Cruise ships must monitor discharge activities and keep records onboard for EPA inspections. Reporting is required for any instances of noncompliance or accidental releases.
  3. Incident Reporting: Any significant discharge incidents, such as an oil spill or noncompliant wastewater discharge, must be reported to the National Response Center (NRC) and the EPA.
• No Discharge Zone (NDZ) Reporting: Where NDZs exist, cruise ships are be required to report any accidental discharges within these zones to the EPA and state authorities.
• Oil Spill Reporting: Under the Clean Water Act, any oil spill or oily waste discharge in U.S. waters must be reported immediately to the National Response Center which communicates and coordinates with other federal and state agencies.

Air Emissions Reporting

• Fuel Sulfur Content and Emissions: Vessels must monitor sulfur content in fuels and report compliance with the North American ECA standards. Fuel switching records are also required when operating within the North American ECA.
• Exhaust Gas Cleaning Systems (Scrubbers): The use of scrubbers (open-loop, closed-loop, or hybrid) for sulfur emissions control requires detailed records and may necessitate reporting to the EPA, especially if washwater is discharged. The EPA requires vessels to log scrubber operations and discharge activities.
• Greenhouse Gas (GHG) Emissions: Reporting of GHG emissions (e.g., CO2) is required under the MARPOL Annex VI, and the EPA may request emissions data for vessels operating frequently in U.S. waters.

Virginia does not impose additional reporting requirements for discharges or air emissions beyond federal standards, but vessel operators must comply with the above-mentioned federal laws and Virginia DEQ enforces these standards in collaboration with federal agencies.

As detailed above, the maritime industry in Virginia, including the cruise ship industry, is well-regulated at the international, national, and state level to combat pollution and protect the environment while also facilitating commerce and economic growth. Additionally, redundant and restrictive state regulations could create a precedent that inadvertently impact other commercial vessels operating in our greater port.

Further, the establishment of a new and redundant state regulatory regime and the additional resources needed for ongoing administration would place an additional burden on DEQ and the taxpayers of Commonwealth.   

Therefore, we respectfully ask that this petition be denied on the basis that sufficient regulations governing the cruise ship industry already exist and any additional regulations would cripple Virginia’s cruise ship industry, threaten our broader maritime economy, and unnecessarily increase the cost of government bourn by the citizens of Virginia.