MARPOL amendments

Amendments to MARPOL Annex II and the International Bulk Chemicals (IBC) Code1 come into force on 1 January 2007. The requirements are applicable, to varying extents, to all new and existing ships carrying Noxious Liquid Substances (NLS) and oil-like substances which will be treated as NLS.

The main technical change is that substances have been re-classified into new pollution categories. Some substances have been removed from the list of NLS, others have had their carriage requirements upgraded from Type 3 to Type 2 and others have been included in the list for the first time.

This is critical since the carriage requirements are based upon the classification of the substance i.e. this change affects the substances that may be carried in particular ships. The impact of the re-classification may not be immediately apparent and ship modifications may be required if the vessel is to continue carrying the re-classified substances after 1 January 2007.

Importantly there are a group of substances that may previously have been carried in a single hulled ship that now, because of the re-classification and application of IBC Code/MARPOL Annex II requirements, must be transported in double hulled chemical carriers. For example, a ship operator previously carrying Xylene in an oil tanker as an oil-like substance will not be able to do so as of 1 January 2007 since Xylene has been re-classified and its carriage is restricted to Type 2 chemical tankers. Type 2 classification requires that cargo quantities in any one tank are limited to 3,000 m3. and the ship, if less than 225m in length, will have to meet the more onerous extent of damage required by Type 2 classification. To continue carrying the same substances the ship may need to be modified.

Ships operating in US waters carrying Annex II substances that are considered to be “oil” (petroleum, animal and vegetable) for the purposes of the Clean Water Act and OPA90 are still subject to the provisions of that domestic legislation. The US Coast Guard will be issuing an NVIC to cover the implementation of the revisions to the IBC Code and MARPOL Annex II.

In addition, vegetable oils which were previously categorized as category D and therefore not covered by the IBC Code are now included in Chapter 17 as individual substances according to their unique name. As of 1 January 2007 these substances must now also be carried in double hulled chemical carriers. The revision to MARPOL Annex II also requires revised lower limits for the residue remaining within the tanks after stripping and has revised limitations on discharge of residues.

An OSV should only carry substances listed in IMO Resolution A673(16)3. A673(16) is tailored for OSV operation and a final draft revision by IMO to harmonize it with the revisions to the IBC Code and MARPOL Annex II is scheduled to be approved by IMO in late 2006.

For ships involved solely in domestic trades of noxious liquid substances and oil-like substances, shipowners and operators should refer to the relevant flag State for applicable requirements. Domestic trade is defined in MARPOL Annex II to mean a trade solely between ports or terminals within the State the flag of which the ship is entitled to fly, without entering into the territorial waters of other StatesOperators of existing ships:

1. Must re-certify each ship for the regulated substances intended to be carried which may include more onerous extents of damage more efficient stripping systems and enhanced underwater discharge systems;

2. Must prepare, develop and obtain approval from the flag Administration, or ABS where authorized, for updated Procedures and Arrangements Manuals;

3. Must demonstrate that tank residues after stripping, comply with the reduced limits, as relevant; and

4. May consider conversion and equipment retrofit options to carry relevant substances which have had their carriage requirements upgraded or to expand the list of available substances that can be carried as of 1 January 2007.

Builders of new chemical tankers and those involved in conversions to chemical tankers must re-assess current designs in light of the re-classification of substances taking into account the following, as relevant:

1. Assess the more onerous extent of damage requirements that may apply;

2. Determine if more efficient stripping systems may be needed to meet the new cargo residue and underwater discharge requirements; and

3. Verify arrangement requirements for compliance with upgrades from a Type 3 to Type 2 ship for certain substances.