The PRC Law on the Prevention and Control of Atmospheric Pollution
was amended on August 29, 2015 with updates taking effect as of
January 1, 2016. The amended law provides that China will adopt a
comprehensive approach to combat air pollution from coal, industries,
automobiles and ships, fugitive dust, and agriculture; a joint crossregional approach against air pollution; and a coordinated approach to
control air pollutants and greenhouse gases such as particulates, sulfur
dioxide, nitrogen oxides, volatile organic compounds, and ammonia.
On December 2, 2015, the Ministry of Transport issued the
Implementation Plan for Emission Control Areas in the Pearl River
Delta, Yangtze River Delta, and Bohai Sea Rim (Beijing, Tianjin and
Hebei). Accordingly, China has set up its first Emission Control Area
(ECA)to control air pollutants from ships including sulfur oxides,
nitrogen oxides, and other particulates. The Plan stated that starting
from January 1, 2016, if conditions permit, a port in an ECA may
implement more stringent emission controls than existing requirements,
including prohibiting a docked ship from using fuel oil with sulfur
content higher than 0.5%m/m; and that starting from 2017, a ship
docked in key port areas within an ECA must use such fuel oil except
for the one-hour period after docking and the one-hour period before
exiting the port. Starting from 2018, the scope of this requirement would
be expanded to all ships docked at a port within ECA; and starting from
2019, to all ships entering an ECA.
On October 27, 2017, the Ministry of Transport and 12 other agencies
co-issued the Guidance on Securing the Supply and Strengthening the
Joint Supervision of Low Sulfur Marine Fuels. Among other things, this
document calls for: (1) establishing a basic rule framework governing
the supply of low sulfur marine fuels; (2) accelerating the revision of the
marine fuel standard; (3) strengthening the supervision of marine fuel;
and (4) strengthening the coordination among regulatory authorities.
On November 30, 2018, the Ministry of Transport issued the
Implementation Plan for Controlling Ship-Created Air Pollutants in
Emission Control Areas. The Plan requires that: (1) From January 1,
2019, sea-going ships should use marine fuel with sulfur content not
exceeding 0.5% m/m when in ECAs; large inland river ships and ships
traveling between domestic inland ports and sea ports should use fuel
oil that meets the revised national marine fuel standards; and other
ships traversing inland rivers should use diesel that meets relevant
national standards. And from January 1, 2020, sea-going ships entering
inland EMAs should use marine fuels with sulfur content not exceeding
0.1% m/m; (2) From March 1, 2020, ships that have not installed SOx
and particulate control equipment or adopted equivalent measures
may only use or carry marine fuels specified in the Implementation
Plan when entering ECAs; (3) From January 1, 2022, sea-going ships
entering coastal ECAs in the Hainan area should use marine fuels with
sulfur content not exceeding 0.1% m/m; (4) A study will be conducted
on the feasibility of requiring all sea-going ships entering a costal EMA
to use marine fuels with a sulfur content not exceeding 0.1% m/m from
January 1, 2025.
On October 23, 2019, the Maritime Safety Administration issued the
Implementation Plan of 2020 Global Sulfur Cap for Marine Fuels which
provides that: (1) From January 1, 2020, international ships entering
waters of PRC must use fuel oil with a maximum sulfur content of 0.5%
m/m, where “fuel oil” means any fuel oil, including both distillate fuels
and residual fuels, delivered onboard for the propulsion or operation
of a ship by combustion; (2) From January 1, 2020, internationalroute ships entering China’s inland ECAs must use fuel oil with a sulfur
content not exceeding 0.1% m/m; from January 1, 2022, internationalroute ships entering ECAs in the Hainan area must use fuel oil with a
sulfur content not exceeding 0.1% m/m; (3) From March 1, 2020, ships
entering waters of PRC may not carry fuel oils with a sulfur content
exceeding 0.50% m/m if they are for self-use. (4) For internationalroute ships using alternative measures that meet the equivalence
criteria as set out in Regulation 4 of Annex VI of the International
Convention for the Prevention of Pollution from Ships, the requirements
of the above (1), (2), and (3) can be exempted. The term “alternative
measures” means the use of any apparatus, equipment, or alternative
fuel capable of achieving the same or better emission reduction results
than otherwise required. From January 1, 2020, ships are prohibited
from discharging wash water from open-loop scrubbers in China’s
ECAs.
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