On July 30, 2012, the Coast Guard issued a Supplemental Notice of Proposed Rulemaking (SNPRM) to propose replacing its existing interim rule with a new rule to regulate the operation of U.S. and foreign vessels carrying bulk dry cargo such as limestone, iron ore, and coal on the U.S. waters of the Great Lakes, and the operation of U.S. bulk dry cargo vessels anywhere on the Great Lakes. Specifically, the Coast Guard proposes new requirements for the discharge of bulk dry cargo residue (DCR) on the U.S. waters of the Great Lakes.
The Coast Guard also announced availability of a tiered Draft Environmental Impact Statement (DEIS) prepared in support of this proposal, via an EPA Federal Register Notice. The proposed rule would continue to allow non-hazardous and non-toxic discharges of bulk DCR in limited areas of the Great Lakes. However, vessel owners and operators would need to minimize DCR discharges using methods they would be required to document in DCR management plans. The proposed rule would prohibit limestone and clean stone DCR discharges in some waters where they are now permitted. The proposed rule promotes the Coast Guard's strategic goals of maritime mobility and safety and protection of natural resources.
DATES: Comments and related material must either be submitted to our online docket via http://www.regulations.gov (docket number USCG-2004-19621) on or before October 29, 2012 or reach the Docket Management Facility by that date. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before October 29, 2012. See the above SNPRM document for full details.
On September 29, 2008 the Coast Guard published an interim rule, amending 33 CFR 151.66 to allow the discharge of dry cargo residues (DCR) in limited areas of the Great Lakes by self-propelled vessels and barges that are part of an integrated tug and barge unit (73 Fed. Reg. 56492). Only non-toxic and non-hazardous dry cargo residues are allowed to be discharged. This rule adopts the Coast Guard's Ninth District 1997 Interim Enforcement Policy, but adds sensitive and protected areas where discharges are now prohibited (Guide for DCR Discharge Allowances, Restrictions and Prohibitions). These regulations also add new recordkeeping and reporting requirements and encourage dry bulk cargo carriers to adopt voluntary control measures to reduce discharges.
DCR Recordkeeping and Reporting
* Note: The PDF version of the reporting form has been updated. Both versions of the form allow users to save data to the form using either Adobe Reader or MS Excel.
As part of the interim rule, bulk dry cargo carriers are required to keep records of each loading and unloading operation, any DCR control measures used and their associated discharge events, if any, using the Bulk Dry Cargo Residue Reporting Form (CG-33). These records must be kept on board the vessel a minimum of two years. In addition, these records must be provided to the Coast Guard at least on a quarterly basis, no later than the 15th day of January, April, July and October. The initial reports for this regulation are due January 15, 2009. Reports can be submitted to the Coast Guard by the following means:
E-mail to DCRRecordkeeping@uscg.mil
If you are interested in knowing when your e-mail is opened, you can set your e-mail application preferences to request a read receipt.
Fax to (202) 372-1928, ATTN: DCR Recordkeeping. (New number as of 08 October 2012)
ATTN: DCR Recordkeeping
U.S. Coast Guard
2100 Second Street SW
Washington, DC 20593
Please see the instructions for additional information on completing the Bulk Dry Cargo Residue Discharge Reporting Form (example of completed Reporting Form). In order to generate the most accurate data possible on the reporting forms, the instructions and sample form may be occasionally updated to provide additional guidance. (Instructions and sample form REVISED 03/20/09)
The Coast Guard encourages dry bulk cargo carriers and facilities to use voluntary control measures to reduce the discharge of DCR. A list of these control measures may be viewed on the second page of Bulk Dry Cargo Residue Reporting Form (CG-33) or in the Interim Rule at 73 Fed. Reg. 56492. If control measures employed by a facility or vessel are not listed on the Bulk Dry Cargo Residue Reporting Form (CG-33), please ensure these are recorded in the "remarks" line and enter the code for "other" for the corresponding to either the facility or vessel where the control measure was used.
The following links and documentation are provided for additional information:
|Federal Register - Interim Rule for Dry Cargo Residue Discharges on the Great Lakes|
|Bulk Dry Cargo Residue Reporting Form (CG-33)|
|Guide for DCR Discharge Allowances, Restrictions and Prohibitions|
|DCR Small Entity Compliance Guide|
|Federal Register - Notice of Availability for Final Environmental Impact Statement|
Historical Information, Documents and Background
(Note: use CTRL + click to follow links within Background and History document)
Environmental Standards Division (CG-OES-3)
U.S. Coast Guard Headquarters
2100 Second Street SW
Washington, DC 20593