Op/Ed: Technology Manufacturers’ Input More Critical than ever for Effective Maritime Regulations
Next year marks a crucial milestone for the International Maritime Organization’s (IMO) Ballast Water Management (BWM) Convention, with all ships required to meet the D2 standard for ballast water management by 8 September 2024. D2 specifies the maximum number of viable organisms allowed to be discharged. In most cases, it requires the installation of a ballast water management system (BWMS) on board the vessel.
2024 will be a pivotal moment for the ballast water market and while it is true that the retrofit market will diminish and leave behind only a small newbuild market, some challenges will remain. These will primarily be related to enforcement of the Convention, matters related to Port State Control and how to deal with non-compliance. Manufacturers, especially those with a large customer base, will still have an obligation to provide technical support and services but there is no doubt that the number of makers will diminish.
Furthermore, by the time the 2024 deadline arrives, 20 years will have passed since the BWM Convention was adopted by the IMO. One of the main reasons for it taking two decades for the Convention to be ratified, is that regulations were written, and views were expressed before the treatment technologies were available. Regulators were also unaware of how best to treat ballast water.
Since that time, ballast water treatment systems have been developed and evolved that perform well and consistently to meet the requirements of both the IMO and US Coastguard. Challenges remain, notably in the case of ports where water quality affects the performance of some treatment technologies. However, despite the delays, thousands of vessels have been retrofitted with effective ballast water treatment technology. Put another way, significant work has been done to protect the marine environment from aquatic invasive species, and that work continues.
Learning from the Past
Even so, if other environmental regulations are to have the desired effect, lessons need to be learned from the failings of the BWM Convention, which highlight a need for technology manufacturers to have greater involvement in the regulatory process. It is a fair assumption, that had equipment manufacturers been invited to participate in early discussions surrounding the BWM Convention’s development, the many amendments and subsequent delays might have been avoided.
It is a well-known fact that there is a lag between technology development and regulatory affairs, as the speed at which technology advances outpaces the regulatory process. But it is essential that regulators have a more informed understanding when developing rules, especially where technology and investment is required.
For example, we can already see parallels between the BWM Convention and the Carbon Intensity Index (CII) regulations. The CII regulation has the potential to be one of the most impactful decarbonization regulations brought in by the IMO. However, it is only part of the equation, and it has been well reported that the regulations do not currently take into consideration the realities of ship operations.
Currently, the CII calculation is based on a ship’s transit period only and assumes a full cargo load. It does not take into consideration other aspects of ship operations, such as the length of time a ship spends in port, or the impact slow steaming could have on emissions.
In the case of port operations, shore power solutions can completely eliminate emissions while at berth, and this is an area that has gained a great deal of attention. It is also expected to be included at the upcoming MEPC 80 meeting where low- and zero-carbon ship technologies will be discussed.
The Importance of Industry Input
Shore power is not a new concept, and the CARB regulations related to the use of shore power connections in select Californian ports for 80% of vessels first came into force 15 years ago. Since then, China and the EU have also brought in their own rules related to the use of shore power. So, we might ask why port operations are not included in CII calculations.
Recognizing the environmental and operations benefits of shore power, ERMA FIRST designed BLUE CONNECT, a next-generation alternative maritime power (AMP) solution that enables a seamless, safe and reliable connection between the ship and port’s electrical grids. This allows the ship to shut down its diesel-fuelled auxiliary engines and generators which reduces noise and vibrations along with the emission of pollutants including particulate matter, nitrogen oxides, sulphur oxides, carbon oxides and other volatile organic compounds. Furthermore, BLUE CONNECT was recently officially categorised as an ESD by DNV and recognised as a solution that can have a positive impact on future CII ratings.
The CII regulations are due to be reviewed in 2026, and I truly believe manufacturers will have amassed enough data and information to prove how such solutions can effectively support decarbonisation. I hope that the next revision of the regulations will account for the presence of such devices, recognise their potential and introduce their use to the rules. But for this to be done properly and prevent a repeat of the delays experienced with the BWM Convention, technology manufacturers need to be involved in the review process.
The maritime industry is a rule driven sector, and regulations continuously evolve. However, we need a more open and collaborative approach to rule development. Regulatory development is a complex process and the fragmented landscape where regional and international rules, regulations and standards exist, can make it somewhat difficult to navigate and implement efficiently. In situations where manufacturers are not involved in regulatory discussions at the highest level, it is important to be proactive and engage with regulators and fellow industry stakeholders wherever possible. By closely monitoring developments and increasing dialogue between manufactures, class societies and regulators, we can ensure that when new regulations are introduced, they are fit for purpose and products and services are ready to meet compliance-driven demand.