TEXTE Environmental Impacts of Exhaust Gas Cleaning Systems for Reduction of SOx on Ships — Analysis of status quo
Report compiled within the framework of the project ImpEx
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continue to work at IMO level for a comprehensive consideration of the environmental
impacts of wastewater discharges from OL-EGCS, including for measures to counter possible
impacts and
be encouraged to take appropriate measures in accordance with the EU Water Framework
Directive (WFD, Directive 2000/60/EC, 2000), including discharge bans for wastewater
from OL-EGCS.
Actually, Proelß and Schatz (2019) suggest that the WFD and the EU Marine Strategy
Framework Directive (MSFD, Directive 2008/56/EC, 2008), which contain general European
environmental protection objectives, might be considered for the regulation of EGCS discharge
water.
The European Sustainable Shipping Forum (ESSF) was established to implement the Sulphur
Directive; the ESSF Subgroup on Emission Abatement Methods (formerly Air Emissions from
Ships) evaluates the use of EGCS. The ESSF Subgroup worked on the amendment of the 2015
guidelines for EGCS and submitted the outcome to the IMO (PPR 5/11).
5.3 National German regulations for EGCS discharge water
In the German national law, the relevant provisions of MARPOL Annex VI and the EU Sulphur
Directive are implemented in the Regulations on Environmentally Sustainable Behaviour in
Maritime Shipping (See-Umweltverhaltensverordnung) para. 13: “Compliance with the
requirements for Low Sulphur Marine Fuel”. In particular, paragraph 13.5 refers to the approval
of equivalent compliance methods according to Regulation 4 of MARPOL Annex VI; and
paragraph 13.7 prohibits the discharge of EGCS discharge water in sea-waterways as well as in
the Exclusive Economic Zone (EEZ) unless it has been demonstrated that the EGCS discharge
water has no significant adverse effects on human health and the environment. At present, such
a proof may be presented, for instance, in form of a valid approval as well as a documentation of
the proper operation of the system. If using caustic soda, pH should not be higher than 8.0,
according to the EU Sulphur Directive.
For inland waterways the regulations of the Strasbourg Convention on the Collection, Deposit
and Reception of Waste during Navigation on the Rhine and Inland Waterways of 9 September
1996 (CDNI) and the Federal Water Act (Wasserhaushaltsgesetz, WHG) are applicable. For the
‚atter, the discharge of EGCS discharge water constitutes a use of water within the scope of
paragraph 9.1.4 WHG which must be subject to prior authorization according to paragraph 8.1.
Nevertheless, EGCS discharge water is also considered a type of “wastewater” within the scope of
paragraph 54.1.1 WHG, therefore its discharge is generally prohibited by paragraph 57.1 WHG if
not covered by an acquired permission. According to Article 3.1 of the CDNI, the discharge of
ship-generated waste by all ships, including seagoing ships, is prohibited. While EGCS discharge
water is not explicitly referred to within the CDNI, it can be classified as a form of “other waste
generated from the operation of a vessel” under the CDNI, according to the German legal
conception. Thus, the CDNI establishes an absolute prohibition for discharges of EGCS discharge
water in German inland waterways with the exception of the German part of Lake Constance and
the Rhine section North of Rheinfelden (BSH, 2018).
5.4 Discharge bans and harmonization approaches
Due to the abovementioned EGCS discharge water composition (see chapter 2.4), there are
environmental concerns regarding the discharge of EGCS discharge water. In some countries and
regions, the discharge criteria of the EGCS Guidelines do not meet local or national standards.
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