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EPA - Penalty Policy for Violations by Ships of the Sulfur in Fuel Standard and Related Provisions


Source:  Environmental Protection Agency (EPA)

Page Count:  19

Date:  January 15, 2015

From the Document:

Attached is the policy for assessing civil penalties for violations of the fuel sulfur standards applicable to ships operating in the North American and U.S. Caribbean Sea Emissions Control Areas (ECAs). This policy is intended to be used by the United States Environmental Protection Agency (EPA) in calculating the penalty that the EPA will seek in settlement of enforcement actions for violations of certain provision s of the Act to Prevent Pollution from Ships, (APPS) 33 U.S.C. §190 l et. seq., which implements MARPOL, Annex VI. MARPOL is the International Convention for the Prevention of Pollution from Ships; Annex VI is the portion of MARPOL that regulates air pollution from ships. Together APPS and MARPOL Annex VI establish the fuel sulfur standards applicable to ships operating in the ECAs.  MARPOL Annex VI is implemented in the United States through APPS.

This policy adheres to the EPA Policy on Civil Penalties (EPA General Enforcement Policy #GM-21, February  16, 1984), and A Framework for Statute-Specific Approaches  to Penalty Assessments (EPA General Enforcement Policy #GM-22, February  16, 1984). Accordingly, the purpose of this policy is to deter potential  violators, ensure that the EPA assesses fair and equitable penalties, and expedite the resolution of claims arising from certain categories of non-compliance with the APPS. 


This policy is immediately effective with respect to all enforcement actions initiated after the date of the policy, and all pending enforcement actions in which the government has not yet transmitted a proposed settlement penalty amount. It may be applied in pending cases in which penalty negotiations have commenced , at the discretion of the case team.