NVIC 08-83: Coast Guard guidance on MARPOL Annex I compliance

DEPARTMENT OF TRANSPORTATION UNITED STATES COAST GUARD U.S. Coast Guard (G-WPE) Washington, D.C. 20593 Phone: (202) 755-7917 NVIC 8-83 9 Aug 1983 NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 8-83 Subj: Guidance for Compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). Ref : (a) The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78) (b) Port and Tanker Safety Act of 1978 (c) Title 33 Code of Federal Regulations, Parts 151, 155, 157 (d) NVIC 7-83, "Guidance for Issuing International Oil Pollution Prevention (IOPP) Certificates under the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 relating thereto (MARPOL 73/78)" (e) Act to Prevent Pollution from Ships of 1980 (33 USC 1901 et. seq.) (f) International Maritime Organization, MEPC Circular 111, "Instructions for the Keeping of Oil Record Books On Board Ships" (g) NVIC 1-81, "Guidance for Enforcement of the Requirements of the Port and Tanker Safety Act of 1978 (PTSA) Pertaining to SBT, CBT, COW, IGS, Steering Gear, and Navigation Equipment for Tank Vessels"

Guidance for Compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as Modified by the Protocol of 1978 Relating Thereto (MARPOL 73/78) — PURPOSE. This Circular provides guidance regarding U.S. Coast Guard enforcement policies

with respect to Annex I of MARPOL 73/78.

Guidance for Compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as Modified by the Protocol of 1978 Relating Thereto (MARPOL 73/78) — BACKGROUND.

a. On October 2, 1983 MARPOL 73/78 enters into force and all signatory states are obligated to enforce Annex I, Regulations for the Prevention of Pollution by Oil. Annex I requires equipment to be fitted, procedures to be instituted, and ship design changes to reduce accidental and operational pollution of the sea by oil from ships. b. With respect to ships carrying oil in bulk, many of the requirements of MARPOL 73/78 have already been implemented by the U.S. under the Port and Tanker Safety Act of 1978 (PTSA). None of the guidelines in this NVIC alter enforcement under the PTSA. PTSA requirements include major systems such as Segregated Ballast Tanks (SBT), Dedicated Clean Ballast Tanks (CBT), and Crude Oil Washing Systems (COW). c. This NVIC is based, in part, on the proposed regulations implementing Annex I of MARPOL 73/78 (proposed 33 CFR Parts 151 and 155). Enclosure (1) provides a set of keyword definitions to assist in better understanding and using this NVIC. NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 8-83

Guidance for Compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as Modified by the Protocol of 1978 Relating Thereto (MARPOL 73/78) — DISCUSSION.

a. All Parties to MARPOL 73/78 are obligated to ensure that ships comply with applicable requirements upon their entry into force. The U.S. is a party to MARPOL 73/78 and the U.S. Coast Guard is the U.S. agency designated to ensure compliance. Therefore, every ship in a port or at an offshore terminal under U.S. jurisdiction is subject to Coast Guard boarding for verification of compliance with MARPOL 73/78. b. The Coast Guard is obligated to ensure that non-Party ships, if they operate in the navigable waters or call at offshore terminals subject to U.S. jurisdiction, are afforded no more favorable treatment than that given to ships of Party states (Article 5(4) of MARPOL 73/78). c. The Marine Environmental Protection Committee (MEPC) of the International Maritime Organization (IMO) has adopted interpretations of various regulations of MARPOL 73/78 to clarify their meaning. The Coast Guard intends for its regulatory and enforcement programs generally to be consistent with these interpretations, amendments, and proposed amendments. The only exception to date pertains to Regulation 25(l)(see section 6 of enclosure (2)). d. The Coast Guard has implemented a program for issuing International Oil Pollution Prevention (IOPP) Certificates to U.S. ships. Information on this program and on the survey requirements for U.S. ships under Annex I of the MARPOL 73/78 is contained in Navigation and Vessel Inspection Circular No. 7-83. e. As required by MARPOL 73/78 the Coast Guard has prepared a revised Oil Record Book. The revised Oil Record Book follows an internationally accepted format which provides for easier recording and review of ship transfer operations. The most significant new feature of the revised Oil Record Book is the recording of transfer operations in chronological order by coded and numbered entries. Enclosure (3) contains guidance and examples for properly maintaining the Oil Record Book.

Guidance for Compliance with Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as Modified by the Protocol of 1978 Relating Thereto (MARPOL 73/78) — RESPONSIBILITIES UNDER MARPOL 73/78.

a. The Coast Guard will ensure that all U.S. oceangoing ships comply with the requirements of MARPOL 73/78, and will board them in port or at offshore terminals to verify compliance. b. U.S. oceangoing ships are to have on board and maintain the revised Oil Record Book as of October 2, 1983. The revised Oil Record Books are available from Coast Guard Marine Safety Offices, Captains of the Port or Marine Inspection Offices. c. The Coast Guard will ensure that all foreign ships, with the exception of Canadian ships operating solely on the Great Lakes and adjacent inland waters and those ships that are specifically excluded by the MARPOL 73/78, that enter the navigable waters of the U.S., or call at Offshore terminals under U.S. jurisdiction, comply with the applicable provisions of MARPOL 73/78. To this end --

(1) Ships of a Party state are to comply with design and equipment requirements and are to have on board and maintain (a) a valid International Oil Pollution NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 8-83 Prevention (IOPP) Certificate, (b) a revised Oil Record Book, and (c) cargo and bilge monitor records, as appropriate. MARPOL 73/78 records will be examined to determine if ships have been. complying with operational requirements. Coast Guard boarding officers will use the guidance contained in enclosure (2) when examining the ships of Party states.

(2) Because of Article 5(11) of MARPOL 73/78, a non-Party ship is required to meet all of the applicable provisions of MARPOL 73/78 as if its flag-state were a Party.

The ship must have on board documentary evidence that it is designed and equipped to comply with all applicable requirements of MARPOL 73/78.

The document must contain all of the elements of the appropriate supplement (Form A or Form B) to the IOPP Certificate and must be issued by either the ship's flag- state government or a member of the International Association of Classification Societies.

The ship is expected to maintain and must be able to produce an Oil Record Book and the recordings from a cargo and/or bilge monitor.

Coast Guard boarding officers will use the guidance contained in enclosure (2) when examining these ships; however, where examination of a ship reveals serious discrepancies in the documentary evidence of compliance, a more thorough examination of the ship, based on the survey standards for U.S. ships in Navigation and Vessel Inspection Circular No. 7-83, may be conducted. d.

Coast Guard officials conducting examinations and inspections of ships will use the guidance in the "Procedures for the Control of Ships and Discharges" for Annex I of MARPOL 73/78 as adopted by the 18th Session of the Marine Environmental Protection Committee of the International Maritime Organization.

Where the Coast Guard determines that the condition of a ship or its equipment is such that the ship is not fit to proceed to sea without presenting an unreasonable threat of harm to the marine environment, the Coast Guard will ensure that immediate corrective actions are taken (MARPOL 73/78, Annex I, Regulation 4(3)(d)). e.

Where examination of the Oil Record Book or other records reveals that a ship has not complied with the oil discharge limitations of MARPOL 73/78, a thorough investigation will be made, even when the improper discharge of oil may have been outside of U.S. waters.

Appendix 2 to enclosure (3) provides a tabular presentation of discharge limitations. f.

The Coast Guard will conduct offshore aircraft surveillance to detect oil discharges and will use all other appropriate and practical means of detection and environmental monitoring to ensure compliance. g.

Certain requirements of the Port and Tanker Safety Act of 1978 exceed those of MARPOL 73/78, or were implemented at an earlier date for ships entering U.S. waters.

In particular are the requirements pertaining to segregated ballast tanks (SBT), dedicated clean ballast tanks (CBT), and crude oil washing (COW) systems.

The Coast Guard will continue to enforce these requirements using established procedures.

Information on these requirements, which predominately apply to oil tankers and other ships carrying oil in bulk, is contained in Navigation and Vessel Inspection Circular No. 1-81.

NAVIGATION AND VESSEL INSPECTION CIRCULAR NO. 8-83 h.

The Coast Guard will support the efforts of other parties in their actions against U.S. oceangoing ships when a port-state examination of such ships reveals they are not designed, equipped or operating in compliance with MARPOL 73/78.

Encl: (1) Definitions

(2) Policy Guidelines

(3) Oil Record Book Information Non-Standard Distribution: C:e Baltimore (115); Alameda (110); Port Arthur, Honolulu, Seattle (35); Miami, Mobile, Long Beach

(25); Norfolk, Jacksonville, Portland OR (20); Boston, Portland ME, Charleston, Anchorage (15); Cleveland (12); Cincinnati, Louisville, Memphis, Nashville, Paducah, Pittsburgh, St. Louis, Savannah, San Juan, Tampa, Galveston, Buffalo, Chicago, Detroit, Duluth, Milwaukee, San Diego, Juneau, Valdez (10); providence, Huntington, Wilmington, Corpus Christi, Toledo (5). C:m New Orleans (1110); New York (70); Philadelphia (35); Houston (25); St. Ignace (5); Sturgeon Bay (11). D:l CG Liaison Officer MILSEALIFTCOMD M-65 STRAT MOB, CG Liaison Officer JUSMAGPHTh (1). E:o New York, Philadelphia, New Orleans, Houston (10) extra. 2TC-68