Marine Coatings Dominated by International Issues; New Domestic Issues Also Arise

The marine coatings sector continues to be dominated by international regulatory issues stemming from the International Maritime Organization (IMO), especially regulation of biocide antifouling coatings, and new performance standards for protective coatings (PSPC) for ballast tanks, void spaces, and oil cargo holds. At the same time, the United States is presenting challenges to the marine coatings industry that are peculiar to our system of environmental laws. 

At the April 2008 International Paint and Printing Ink Council (IPPIC) Global Marine Coatings Forum, a new IPPIC PSPC work group was established to address this emerging issue. The PSPC standards arose in response to vessel losses that occurred where these critical areas were found to be giving way in rough seas due to corrosion. When this occurs, the loss of life is often catastrophic. 

As a first order of business, the PSPC Work Group is developing a testing methodology for determining the efficacy of protective coatings for oil tanker cargo tanks. As with many IMO standards, the requirements are general, leaving the determination of whether they are met to the discretion of the classification companies/societies — third party entities that certify the safety of ships for ship insurance companies and flag states. The standards in this case were developed without adequate input from the major marine coatings suppliers. Consequently, shaping appropriate implementation guidance and standards for compliance is especially critical.

On the antifouling front, international issues dominate as well, with the Senate and Congress expected at presstime to finally ratify the IMO Antifouling Systems (AFS) Treaty banning the use of tributyltin (TBT) as a biocide and setting in place an international system for reviewing and perhaps banning other antifouling systems in the future. This latter feature of the AFS Treaty is of most concern to marine coatings manufacturers and failure of the United States to ratify the treaty would have denied U.S. representatives a seat at that table in the future. Also of interest is the ongoing implementation of the European Biocide Product Directive which will have a great impact on such coatings sold in Europe. IPPIC’s Anti-Fouling Work Group monitors these matters.

Meanwhile, domestic challenges to the marine coatings industry has been demonstrated by a recent federal district court ruling.  At the behest of an environmental group, the court ruled that invasive species released from ballast water constitute a “pollutant” within the meaning of the U.S. Clean Water Act and must be regulated as such.  This overturned decades of EPA interpretation of the Clean Water Act and has required the agency to issue what amounts to an emergency permit program that will regulate not only ballast water releases, but also the leachate of biocide coating.  All of this will have to be in place by fall in order to prevent citizen suits against boat and ship owners for the “un-permitted” release of invasive species and leachate from antifouling coatings.  

NPCA, acting on behalf of its members and as the current IPPIC Secretariat, is actively engaged with all of these issues.

Contact: NPCA’s Jim Sell or John Hopewell for more information.

Source: October 2008 Coatings, posted 8/20/08