United States: EPA Guidance on Use of Distillate Fuels and Submission of FONAR in Emission Control Areas

The United States Environmental Protection Agency (EPA) has issued guidance on the use of distillate fuels in the North American Emission Control Area (ECA) when the revised sulphur limits take effect on 1 January 2015. This guidance confirms that vessels must use distillate fuel complying with the 0.1% sulphur limit if other compliant fuels are not available.  

When the 1.00% sulphur limit was introduced for the North American ECA in August 2012, compliance was achievable with low sulphur residual fuels. However, recognising the limited availability worldwide of 1.00% sulphur residual fuels, in the event of a vessel being unable to bunker compliant fuel and following the submission of a FONAR (Fuel Oil Non Availability Report) prior to the vessel’s arrival, the EPA could at their discretion allow non-compliant fuel to be burnt within the ECA rather than insist that the vessel used or purchased distillates, such as marine gas oil (MGO).

As of 1 January 2015, if a vessel does not or cannot source compliant fuel, such as 0.1% sulphur residual fuel or the newly developed hybrid low sulphur fuel, before entering the US ECA, the permitting of burning non-compliant fuels upon submitting a FONAR may no longer be granted. In such an event, the vessel will be obliged to use, and if necessary purchase, 0.1% sulphur distillate fuel (such as ultra-low sulphur MGO) unless there are safety implications or technical limitations preventing them from doing so and only then can a FONAR be considered for submission.

The guidance can be downloaded here.