Key Shipping Activities Impacting the Environment PDF

Lecture 8 and 9 Key Shipping Activities Impacting the Environment New Building and Ship Repair: ○ Potential Contamination from Hull Preparation (Old Paints, Heavy Metals) ○ Waste from Ship Maintenance (Sewage, Oily Residues) ○ Use of Volatile Organic Compounds (VOCs) a...

Lecture 8 and 9 Key Shipping Activities Impacting the Environment New Building and Ship Repair: ○ Potential Contamination from Hull Preparation (Old Paints, Heavy Metals) ○ Waste from Ship Maintenance (Sewage, Oily Residues) ○ Use of Volatile Organic Compounds (VOCs) and Hazardous Antifouling Paint Scrapping Activities ○ Releases Heavy Metals (Lead, Copper, Zinc and Asbestos) ○ Large-Scale Steel Disposal (95% of Ship’s Weight) Operational Activities ○ Bunkering can lead to Spills ○ Waste Disposal, Cargo Handling and Maintenance Impact the Marine Ecosystem ○ Ballast Water Operations can Introduce Non-Indigenous Species Environmental Impacts by Shipping Oil Pollution: ○ Results from Misoperations, Accidents or Intentional Discharge Key Effects: ○ Water Contamination ○ Food Chain Disruption ○ Economic Impacts on Fishing and Marine Activities ○ Toxicity to Marine Life Examples: ○ Spills during Ship-to-Ship Transfer, Equipment Failure, Procedural Errors Marine Discharge: ○ Dumping of Garbage (Plastics, Cargo Residues, Sewage) ○ Bilge Water (Oily Residues) and Sludge Affect the Water Quality ○ Releases from Hold Washing and Ferry Operations Add Contaminants into the Sea Key Regulatory Framework: MARPOL 73/78 - International Convention for Prevention of Pollution from Ships ANNEX I: Regulations for the Prevention of Pollution by Oil Prevents Pollution of Oil through Operational Measures and Accidental Discharge Mandated Double Hulls for New Oil Tankers – Phased Retrofitting for Existing Tankers ANNEX II: Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk Governs Discharge of Noxious Liquid Substances Carried in Bulk Lists Approximately 250 Evaluated Substances Strict Restrictions on Residue Discharge – Especially near Land ANNEX III: Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form Provides General Standards for Packaging, Marking, Labelling, etc., of Harmful Substances Defines “Harmful Substances” based on Established Criteria ANNEX IV: Prevention of Pollution by Sewage from Ships Controls Pollution of the Sea by Sewage Prohibits Direct Sewage Discharge, except Under Specific Conditions and Distance from Land ANNEX V: Prevention of Pollution by Garbage from Ships Regulates Disposal of Various Types of Ship Generated Garbage Enforces a Complete Ban on Plastics Disposal at Sea ANNEX VI: Prevention of Air Pollution from Ships Limits Emission of Sulphur Oxide, Nitrogen Oxide, and Ozone-Depleting Substances Establishes Emission Control Areas (ECA) with Stricter Standards Includes Measures to Enhance Energy Efficiency and Reduce Greenhouse Gas Emissions Special Measures to Reduce Pollution Segregated Ballast Tanks (SBT): ○ Ballast Water Separated from Cargo Systems to Prevent Contamination Protective Locations (PL): ○ Designed to Minimise Pollution from Collisions or Groundings Deliberate Pollution: “Magic Pipe” Bypass Intentional Discharge of Oily Mixtures by Bypassing Ship’s Waste-Handling Systems Serious Violation under MARPOL – Legal and Financial Consequences Marine Life Impacts Oil Spill – Direct Toxicity, Disruption of Breeding and Feeding Habitats Underwater Noise Pollution (UNP) – Affects Communication and Migration of Marine Animals Toxic Antifouling Paints – Tributyltin (TBT): Highly Effective but Toxic; Phased out Since 2008 IMO’s Role Set Global Standards for Preventing Pollution Implements Anti-Fouling System (AFS) Convention to Control the Use of Harmful Paints Enforces MARPOL Regulations – Particularly Double-Hull Standards for Tankers Operational Failures Leading to Oil Pollution Common Causes Include: ○ Cargo Hose Failure, Poor Weather, Procedural Error ○ Machinery Breakdowns, Cargo Overflow, Failure of Release Valves Oil Spill Behavior & Effects 1. Type of Oil: Different Types of Oil Behave Differently in the Environment Crude Oil, for Example, Contains a Mixture of Hydrocarbons and can Vary Widely in Viscosity and Toxicity Refined Oils, such as Gasoline or Diesel, are Typically Lighter and More Volatile 2. Weather and Environmental Conditions: Wind – Wind Speed and Direction Influence the Spreading of the Oil Slick ○ Strong Winds can Break Up the Slick into Smaller Patches ○ Disperse it Over a Larger Area Currents – Ocean Currents can Transport the Oil ○ Affecting Where it Goes ○ How Fast it Spreads Temperature – Higher Temperatures can Increase the Volatility of the Oil ○ Leading to Faster Evaporation ○ Potential Impact on Marine Life Wave Action – Waves can Emulsify the Oil ○ Causing it to Mix with Water and Form a More Persistent Chocolate Mousse-Like Mixture known as “Mousse” 3. Initial Spreading: Oil is First Spilled, it Forms a Slick on the Water’s Surface Slick can Spread Quickly Depending on Factors like Wind, Currents, and the Viscosity of the Oil 4. Evaporation Volatile Components of the Oil, like Lighter Hydrocarbons, will Start to Evaporate into the Air Process is More Significant for Lighter Oils like Gasoline and Diesel 5. Emulsification: Agitation from Waves can cause the Oil to Mix with Water and form a Stable Emulsion Emulsified Oil is more Difficult to Recover and can Persist for Longer Periods 6. Transport and Dispersion: Oil can be Transported by Currents, Potentially Affecting Coastlines or Other Sensitive Areas Natural Dispersion Process – Where Oil Droplets Break Up into Smaller Particles, Can Occur Over Time 7. Weathering: Over Time, Physical and Chemical Processes, Including Weathering, can Change the Composition and Properties of the Spilled Oil 8. Bioaccumulation and Biotransformation: Oil can be taken up by Organisms and Accumulate in their Tissues. Potentially leading to Ecological Impacts and Enter the Food Chain Oil Spill Events 1. Initially Spreads in the Water (Primarily on the Surface) 2. The Oil Slick formed may Remain Cohesive (Emulsification) or may Break Up in the Case of Rough Seas (Dispersion) 3. Oil that Contains Volatile Organic Compounds Partially Evaporates, Losing between 20% to 40% of its Mass (Evaporation) a. Denser and More Viscous b. More Resistant to Flow 4. Small Percentage of Oil may Dissolves in the Water (Dissolution) 5. Oil Residue also can Disperse almost Invisibly in the Water or Form a Thick Mousse with the Water (Dispersion) 6. Part may Sink with Suspended Particulate Matter and Eventually Congeals into Sticky Tar Balls (Sedimentation) 7. Over Time, it will Deteriorate and Disintegrate by means of Photolysis (Decomposition by Sunlight) and Biodegradation (Decomposition due to Microorganisms) 8. Some Compounds Evaporate, other Breakdown in Sunlight, Dissolves in Seawater 9. Eaten by Microbes 10. Sink and Stick to Sediments Lecture 10 Hazardous and Noxious Substances (HNS) Definition: Substances Harmful to Human Health and Marine Life, Excluding Oil Hazards: ○ Toxic, Corrosive, Flammable, or Reactive ○ Health Impacts Include: Respiratory Issues, Carcinogenic Effects, and Nervous System Damage ○ Environmental Impacts: Damages Amenities, Interferes with Sea Uses Categories of HNS 1. Chemicals: ○ Toxic Chemicals – Harmful when Inhaled or Ingested ○ Corrosive Chemicals – Cause Severe Damage to Materials ○ Explosive Chemicals – Detonate under Specific Conditions 2. Liquefied Gases: ○ Liquified Petroleum Gas (LPG) – Highly Flammable Hydrocarbons ○ Liquefied Natural Gas (LNG) – Flammable (Mainly Methane) ○ Ammonia – Toxic and Corrosive 3. Oil Products (Some Classified as HNS: ○ Bunker Oil and Jet Fuel 4. Noxious Liquid Substances (NLS): Categorized under MARPOL Annex II ○ Category X – Major Hazard ○ Category Y – Moderate Hazard ○ Category Z – Minor Hazard ○ Other – No Risk to Marine Resources 5. Solids in Bulk: Metals, Coals, Grain Dust (Environmental/Health Risk) 6. Radioactive Substances: Low-Level Industrial Radioactive Materials 7. Pesticides: Toxic Agricultural Chemicals Common Chemical Cargoes Sulphuric Acid, Caustic Soda, LPG Ammonia, Methanol Composition of Cargoes: ○ 50% Petrochemicals – 30% Animal/Vegetable Oils – 10% Inorganic (Mineral Salts, Corrosives) – 10% Miscellaneous Risks Associated with Chemical Tankers Incidents – Explosion Risks, Fire Hazards Reactivity – Reaction Risks with Water, Air (Oxygen), or Other Substances Transport Conditions – Importance of Monitoring Temperature and Pressure Reactivity More Reactive the Element = More Dangerous Particular Attention is Paid to the Transport Conditions of HNS as they are often Liable to React, sometimes Violently with Other Products or Upon Contact with an Element in the Environment Danger is Greater if the Optimal Transport Conditions Determined (Temperature and Pressure) are Accidentally Altered Reaction with Water Certain Substances can React with Water through Different Processes ○ Hydrolysis ○ Hydration ○ Oxidation These Reactions can cause an Explosion or Lead to the Formation of Dangerous Products (Corrosive, Toxic or Flammable) Case Study – 2003 Bulk Carrier Adamandas ○ Deoxidized Iron Balls in the Tanks Reoxidised in the Presence of Excessive Humidity in the Air ○ Cargo Heated up to 300oC and Dihydrogen to be Released Leading to an Explosion Risk Reaction with Oxygen in the Air Certain Gases or Volatile Substances or Volatile Substances React with the Oxygen Present in the Air and Ignite or Explode ○ Explosive Limit → Determine the Concentration in the Air Allowing Reactions (Before Explosion) Lower Explosive Limit (LEL) Upper Explosive Limit (UEL) Explosion occurs between LEL and UEL Reaction by Polymerization Monomers are Generally Stable Substances Can React with Each Other in an Uncontrolled Manner to form Polymers, which can cause Violent Explosions Prevention – Inhibitor is often added to Monomers, in particular for their Transportation (Introducing Chemicals that Stabilise the Reactive Monomers) Polymerization is a Highly Exothermic Reaction, can be Triggered by: ○ Rise in Temperature ○ Inhibitor Expiry Date Exceeded ○ Friction or Shock Case Study – 2000 Chemical Tanker Levoli Sun ○ Sank in the Channel with 3998 Tonnes of Styrene Onboard ○ Results did not show any Polymerization Risk, Styrene was Pumped out of the Wreck Reaction with Other Substances Certain Substances are Incompatible with each other and Legislation Requires them to be Kept Far Apart during Transportation Accidentally come into Contact, may cause Fire, Explosion or the Release of Toxic Vapours Industrial Uses of Various Chemical Compounds Vegetable Oils ○ Food Production, Biofuel Manufacturing Methanol ○ Main Use: Production of Formalin ○ Formalin Applications: Commonly used in Permanent Glues Methyl Tert-Butyl Ether (MTBE) ○ Additive in Unleaded Gasoline Benzene ○ Main Use: Obtaining Ethylbenzene ○ Ethylbenzene Application: Production of Styrene ○ Styrene Application: FOrmation of Polystyrene through Polymerization Caustic Soda (Sodium Hydroxide) ○ Composition of Soaps, Detergents, and Plastics Xylene ○ Derived from Benzene ○ Solvents in the Manufacturing of Paint, Varnishes, Glues, and Printing Inks Chemical Tankers for Bulk Liquid Transport Purpose: Transport of Bulk Liquids, including Oil, Chemicals, and Liquid Food Products Tanker Type: Chemical Tankers Specialised for: Transporting Hazardous Substances Size Range: 3,000 - 50,000 Tonnes (Relatively Small) Tank Material: Stainless Steel Tank Quantity: up to 40 Tanks per Ship Tank Separation: Tanks are Entirely Separated from One Another Capability: Enables Simultaneous Transport of Different Incompatible Substances Type of Substances for Transportation and Handling Raw Ore – Rocks Extracted from Mines or Quarries Mineral or Organic Salts – Aqueous Solution Petrochemical Products – Components of Oil or Synthetic Products Derived from these Components Corrosive Substances – Mainly Acids and Bases Gases – May be Liquid at Very Low Temperature or Under High Pressure Sea Spills are Inherent Risk of Pollution – Most Concerned types of HNS Mineral Oil – Lubricants Food Products – Molasses, Maize, Rice, and Soya Acids – Sulfuric Acid, Phosphoric Acid Mineral Fertilisers – Ammonium Nitrate Sulphur Petrochemical Products – Toluene, Benzene Vegetable Oils – Palm Oil Case Study: 2009, Gülser Ana Incident (Grounding and Cargo Release) Year: 2009 Vessel: Gülser Ana Cargo: ○ Phosphorite (Iron Ore) – 39,000 tonnes ○ Heavy Fuel Oil – 570 tonnes Incident: Grounding South of Madagascar Consequences: ○ Ship Broke in Two ○ Release of Phosphorite and Heavy Fuel Oil into an Important Fishing Area Risk: Phosphorite may Contain Heavy Metals – Posing Contamination Risk to Marine Flora Response: ○ Authorities Banned Fishing in the Affected Area ○ Water and Fish Samples Analysed at Cedre Result of Analysis: No Contamination Detected in Water and Fish Samples Chemical Behavior in Marine Environment Chemical Behavior in Water Heavily Influences its Fate in the Marine Environment Over Time (Days, Months, Years) after Release In most Cases, Substance Exhibits Multiple Behaviours rather than a Single, Uniform Behaviour 1. Gases (G) and Evaporators (E): Disperse into the Atmosphere 2. Floaters (F): Behaviour – Spread across the Surface to form a Slick Further Actions: ○ Form Aerosols or Break into Smaller Patches due to Waves and Currents ○ Undergo Emulsification with Seawater ○ Natural Dispersion ○ Possible Oxidation via Sunlight (Photolysis) 3. Dissolvers (D): Behaviour – Diluted in the Water Column, resulting in a Drop in Concentration and Reduced Effects Further Actions: ○ Breakdown by Sunlight (Photolysis) ○ Breakdown by Microorganisms (Biodegradation) ○ Potential Absorption onto Suspended Organic or Mineral Particles ○ Gradual Accumulating in Living Organisms (Bioaccumulation) 4. Sinkers (S): Behaviour – Initially Settle on the Bottom Possible Outcomes: ○ Buried by Sediment Movements ○ Return to the Water Column via Dissolution Economic Impact of Chemical Marine Pollution Chemical Pollution Effects ○ Disturbances in the Marine Environment ○ Short-Term and Long-Term Negative Impacts on the Economy Impact Areas ○ Living Organisms ○ Ecosystems ○ Humans and their Activities Assessment Methods ○ Differentiate between Commercially Valuable Resources and Non-Commercial Resources ○ Commercial Shellfish Harvesting Ban Decreased Number of Tourists Less Demand for Holiday Accomodation Drop in Pleasure Boating Fishing Ban ○ Non-Commercial Shellfish Harvesting Ban Decrease Oxygen Content in Water Sterility in Marine Mammals Fishing Ban HNS Transportation by Ship is Governed by Various International Regulations to Prevent and Identify the Pollution RIsks Presented by this Type of Goods International Regulations for Chemical Tankers (IBC Code) Purpose – Define Ship Design Requirements based on the Hazard Level of Transported Products for the Safety of Humans and the Environment Ship Types: ○ Type 1: Designed for Products with the Highest Overall Hazard Level ○ Type 2: Designed for Products with Lesser Hazard Compared to Type 1 ○ Type 3: Designed for Products with Progressively Lower Hazards Frequency of Technical Controls – Chemical Tankers, Similar to Gas Carriers, Undergo Regular Technical Inspection Ships are Designed as Per IBC Code, How are they designed According to Risk of Chemical Carried and Humans on the Ships ○ International Code for the Construction and Equipments of Ships Carrying Liquefied Gases in Bulk (IGC Code) – Liquefied Gases ○ International Code for the Construction of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) – Bulk Liquids ○ International Maritime Dangerous Good Codes (IMDG Code) – Containers and Packages ○ International Maritime Solid Bulk Cargoes Code (IMSBC Code) – Bulk Solids Four Codes Governing Merchant Shipping 1. International Maritime Dangerous Goods (IMDG Code) Covers: Transports of Noxious Substances in Packages or Containers Governs: Shipping of Hazardous Materials Worldwide, in Addition to National Regulations Rules: Packaging, Storage According to their Hazards, Marking, Labelling, and Stowage for Safe Loading of Ships Applicable to: Broad Range of Chemicals 2. International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) Covers: Transport of Dangerous Chemicals Requirement: Carriage of Dangerous Chemicals and Noxious Liquid Substances in Bulk by Sea Mandatory: Reference in SOLAS Convention, Chapter VII, Part B Objectives: Provide International Standard for Safe Carriage of Dangerous Chemicals and Noxious Liquid Substances Scope: Specifies Design, Construction, and Equipment Standards, Particularly for Chemical Tankers Contains a List of all Substances it Covers and Provides Information on Hazards of these Substances and On Minimum Requirements for Ships Carrying Them Carriage of Chemicals in Bulk Covered by Regulations in SOLAS Chapter VII – Carriage of Dangerous Goods Regulated under MARPOL Annex II – Regulation for the Control of Pollution by Noxious Liquid Substances in Bulk Compliance Requirement: Both Conventions Mandate that Chemical Tankers built after 1 July 1986 must Comply with IBC Code Categories for Noxious Liquid Substances Discharged Into the Sea from Tank Cleaning or Deballasting Operations: X – Major Hazard to Marine Resources or Human Health ○ Total Prohibition of Discharge into Marine Environment Y – Hazard to Marine Resources or Human Health ○ Limitation on the Quality and Quantity of the Discharge Z – Minor Hazard to Marine Resources or Human Health ○ Less Stringent Restrictions on Discharge into Marine Environment 3. Carriage of Noxious Liquid Substances in Bulk (MARPOL Annex II) Regulation: Establishes Pollution Categorization System for Noxious Liquid Substances in Bulk to Control Pollution 4. Chemicals Carried in Packaged Form (MARPOL Annex III) Regulation: Regulates Transport of Chemical in Packaged, Solid, or Bulk form Under Part A of SOLAS Chapter VII Purpose: Set Standards for the Carriage of Dangerous Goods, Covers Classification, Packing, Marking, Labelling, Placarding, Documentation, and Stowage ○ Regulation: Regulates Prevention of Pollution by Harmful Substances in Packaged Form ○ Purpose: Provide Standards for Packing, Marking, Labelling, Documentation, Stowage, Quantity Limitations, Exceptions, and Notifications for Preventing Pollution by Harmful Substances ○ Harmful Substances = Marine Pollutants in IMDG Code 9 Classes of IMDG Code Class 1: Explosives Class 5: Oxidising Substances and Class 2: Gases Organic Peroxides Class 3: Flammable Liquids Class 6: Toxic and Infectious Substances Class 4: Flammable Solids Class 7: Radioactive Material Substances Liable to Spontaneous Class 8: Corrosive Substances Combustion Class 9: Miscellaneous Dangerous Substances which, in Contact with Substances and Articles Water, Emits Flammable Gases IMDG – Safe Segregation Regulation Principle – Substances within the Same Class can be Stowed Together without COnsidering Segregation based on Secondary Hazards (Subsidiary Risk Labels) Conditions for Safe Stowage – Substances must not React Dangerously with Each Other, Leading to Any of the Following Outcomes: ○ Combustion and/or Significant Heat Generation ○ Release of Flammable, Toxic, or Asphyxiant Gases ○ Formation of Corrosive Substances ○ Formation of Unstable Substances IMDG – Packaging and Labelling Regulation Principle – Each Package must Display Warning about the Dangerous Goods Inside: ○ Proper Shipping Nape ○ UN Number (United Nations Number) ○ Class (and Sub Risk if Applicable) ○ Marine Pollutant mark (Marine Pollutants Only) Marpol Annex V – Harmful to the Marine Environment (HME) Regulation: Regulating the Discharge of Cargo Residues from Solid Bulk Carriers Purpose: Defines Criteria for Solid Material considered as Harmful to Marine Environment (HME) Based on the United Nations Globally Harmonized System for Classification and Labelling of Chemicals (GHS) Cargoes that Meet One or More of the Following Criteria are Considered as Harmful to the Marine Environment (HME): ○ Acute Aquatic Toxicity Category 1 ○ Chronic Aquatic Toxicity Category 1 or 2 ○ Carcinogenicity Category 1A or 1B ○ Mutagenicity Category 1A or 1B ○ Reproductive Toxicity Category 1A or 1B SOLAS and MARPOL References to IMDG Code Both Refer to the International Maritime Dangerous Goods (IMDG) Code SOLAS – How it should be Labelled, Packaged, Stored, Separate for Safe Storage MARPOL – How you Use/Manage it Without Polluting the Sea ○ Development: The IMDG Code was Developed by the International Maritime Organisation ○ Purpose: Serves as a Uniform International Code for the Safe Transport of Dangerous Goods by Sea Due to High Potential Pollution Risk Generated by Shipping Traffic, Prevention is Essential and Involves the Construction of International Network and Shared Response Efforts Partners: The Group of Experts on the Scientific Aspects of Marine Environmental Protection (GESAMP) – Classification and Hazard Profile Role: Advises on Specific Aspects of Marine Pollution and Marine Environmental Protection Collaboration: Works closely with the International Maritime Organisation (IMO) Working Groups: Includes Several Working Groups, one of which is Responsible for Establishing Hazard Profiles for Bulk Liquid Chemicals, considering Both Environmental and Health Risks Hazard Profiles 5 Main Effects ○ Persistence in the Environment ○ Aquatic Ecotoxicity ○ Mammalian Toxicity ○ Effects on Human Health ○ Interference with Uses of the Sea Residues Evaluating Process: ○ Conducted by Experts ○ Findings Recorded in a Database Substance Definitions: ○ Pollution Category ○ Type of Ship Suitable for Transporting It ○ Precautions regarding Tank Residues OPRC Convention and OPRC-HNS Protocol OPRC Convention (International Convention on Oil Pollution Preparedness, Response and Cooperation) ○ Purpose: Focus on Oil Spill Response ○ Established by the International Maritime Organisation (IMO) OPRC-HNS Protocol ○ Resulted from OPRC Convention ○ Into Force in 2007 ○ Signatory State Obligations: International Cooperation for Providing Advice and Technical Support in Spill Events Contingency Plans Required for Ships and Sea Ports Handling Hazardous and Noxious Substances (HNS) National Preparedness System for Rapid and Efficient Response to Chemical Spills Exchange of Research and Development Results to Enhance Surveillance, Response, and Environmental Restoration Techniques Resources for Emergency Preparedness IMO’s Contribution ○ Developed a Range of Tools for Emergency Preparedness Involving Hazardous and Noxious Substances (HNS) ○ Includes Standard Training Courses, Manuals, and Guidance Documents Member States can Request Assistance from IMO through its Integrated Technical Cooperation Programme ○ Aimed at Helping States meet their Obligations and Implement Provisions Outlined in the Protocol on Preparedness, Response, and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) Globally Harmonised System (GHS) for Chemical Labelling Purpose of GHS: Establish International Harmonisation for Chemical Classification and Labelling Adoption by United Nations: United Nations Adopted the GHS in July 2003 GHS Classification System: ○ Focuses on Chemicals with Specific Risks for Human or the Environment ○ Utilises Common, Harmonised Criteria to Determine Hazard Classification Personal Protective Equipment (PPE) Vessel Crews and Response Teams must have Access to Personal Protective Equipment (PPE) Stockpiles Content and Size of these Stockpiles is Closely Linked to the Type and Quantity of Substances Handled or Liable to be Handled Types of PPE: ○ Type 1 – Protects against Liquid and Gaseous Chemicals (Gas-Tight) ○ Type 2 – Protects against Liquid and Gaseous Chemicals (Non-Gas Tight) ○ Type 3 – Protects against Liquid Chemicals (Liquid-Tight) ○ Type 4 – Protect against Liquid Chemicals (Spray-Tight) ○ Type 5 – Protects against Solid Particulates ○ Type 6 – Splash-Tight Preparedness, Response and Liability and Compensation for Chemical Pollution Incidents Preparedness and Response: ○ Addressed by OPRC-HNS Protocol 2000 ○ Focus on Readiness and Coordinated Responses to Incidents of Chemical Pollution Liability and Compensation: ○ Covered by HNS Convention 2010 ○ Aims to Establish a Framework for Liability and Compensation in Incidents Involving Hazardous and Noxious Substances ○ Note: Not Entered into Force Yet Environmentally Hazardous Substance Mark Shipper Responsibility – Shipper Offering Hazardous Material for Transport Must: 1. Determine the Hazard Class, Including “Environmentally Hazardous Substance (Aquatic Environment)” Applicability 2. Assign a Suitable Shipping Name that Accurately Describes the Material 3. Mark the Material in Compliance with Dangerous Goods Regulations Marine Pollutants Material is Classified as Marine Pollutant (MP) if it is Listed in the IMDG Code Index or if it Meets the Criteria for Classification as an “Environmentally Hazardous Substance (Aquatic Environment)” Proper Shipping Names for Marine Pollutants Classification of Marine Pollutants ○ Marine Pollutants are Identified with a “P” in Column 4 of the Dangerous Goods List According to Chapter 3.2 of the IMDG Code Proper Shipping Name Declaration ○ Substance, Material, or Article that Qualifies as Marine Pollutant and Meets Classification Criteria for Inclusion in Other Hazard Classes should be Declared under the most Suitable UN Number and Proper Shipping Name Relevant to those Hazard Additional Marking Requirements ○ Shipping marine Pollutants by Sea, the Proper Shipping Name must be Accompanied by the Technical Name of the Marine Pollutant ○ “Marine Pollutant” Must be Included at the End of the Dangerous Good Description Marine Pollutant Label ○ New Marine Pollutant Label features an Image of a Dead Tree and a Dead Fish (as per IMDG Code Amendment 37-14) Shipper Responsibility ○ Shippers are Required to Declare any Consignment as Marine Pollutant in Accordance with the Criteria Definition Provided by the IMDG Code Inspection of Ships Carrying HNS Purpose of Inspection: Ensure Compliance with International Maritime Safety and Environmental Protection Regulations for Ship Carrying hazardous and Noxious Substances (HNS) Conducted by: ○ Port State/Flag State Frequency: Ships Carrying HNS are Subjected to Regular Inspections to Verify Adherence to Regulations Lecture 11 Legal Framework for Marine Environment Protection Framework: United Nations Convention on the Law of the Sea (UNCLOS) Components of the Legal Framework: ○ Structure of the Ocean: Maritime Zones ○ The Flag State and the Ship Provisions for Marine Environment Protection ○ UNCLOS includes Specific Provisions Aimed at Safeguarding and Preserving the Marine Environment. These Provisions Address Various Aspect of Marine Environmental Protection Marine Related Activities Marine Parks; Fishing/Reservation Areas Material Exploration Transportation; Shipping Lanes and Safety Issues Tourism and Recreation Areas Environmental and Ecological Issues Marine “Ranching” or “Mariculture” Pre-1970s Background: Marine Pollution Lack of Regulation: Marine Pollution from Ships was Largely Unregulated Common Practices: Ships Routinely Cleaned their Tanks and Holds while Enroute, Leading to Discharge of Waste, Rubbish, and Residues into the Sea Limited Jurisdiction: Coastal States’ Jurisdiction Extended only to Territorial Seas Emergence of Public Awareness: Growing Public Awareness Played a Crucial Role in the Development of International Regulations ○ Factors Influencing Awareness: Image of Large Tankers Leaking Significant Quantities of Oil Threats to Sensitive Marine Areas Serious Pollution Incidents Resulting in Mass Fatalities of Sea Animals and Birds Need for a Regulatory Framework in Shipping International Nature of Shipping: ○ Shipping is an Inherently International Activity Requirement for a Legal System: ○ System of Law is Essential to Govern Relations between States in the Realm of Shipping Establishment by International Organisation: ○ System would need to be Established by an International Organisation Created and Recognized by States United Nations (UN) and IMO ○ UN and its Specialised Agency for Shipping (IMO), Serve as the Key Entities in Establishing and Overseeing this Regulatory Framework IMO Establishment ○ Formed through an International Treaty Agreed Upon by Participating States International and National Law in Shipping States as Legal Person ○ In International Law, Each State is Considered a Legal Entity, Capable of Entering into Treaties Parties to Treaties ○ Only States have the Capacity to be Parties to Treaties; Individuals or Companies cannot be Treaty Parties Subject to National Laws ○ Individuals and Companies within a State are Subject to the National Laws of that State Ships and National Laws ○ Ships are Subject to the Laws of the State under which they are Registered Treat Rights and Compliance ○ Treaties Grant States the Right to Demand that Other Treaty Parties Adhere to the Treaty’s Provision Binding Nature of Treaties ○ Provisions of a Treaty are Binding on All Signatories IMO’s Multilateral Treaties ○ Shipping-Related Treaties Developed by the IMO are Multilateral, Involving Multiple States Enforcement by the State ○ Enforcement Mechanisms are Typically Outlined within the Treaty Provisions Offence and Prosecution ○ Offences Committed by Individuals or Company Entities are Prosecuted under National Law, not a Treaty Transposition into National Law ○ States must Legislate and Incorporate Treaty Provisions into their National Laws to Effectively Implement and Enforce Treaty Obligations Example – Offence of Oil Pollution by a Master of a Singaporean-Flagged Ship is Charged in a Singapore Court under the Prevention of Pollution of the Sea (Oil) Regulations, not under MARPOL Annex I (Oil Pollution) Treaty. The PPSA (Oil) Regs may also Include Penalty Clauses not Found in MARPOL, as MARPOL cannot Impose Penalty Clauses Binding for all Signatories Treaties in Shipping Law