Training Requirements

A TVRP plan must identify the training to be provided to persons having responsibilities under the plan, including members of the vessel crew, the qualified individual, and the spill management team (33CFR155.1055).

The training shall also be provided to the spill management team, the qualified individual, and other personnel with specific responsibilities under the plan including tankermen and members of the towing vessel crew.

The training procedure outlined in a specific TVRP Section must address the training procedures and programs of the vessel owner or operator. The vessel owner or operator shall ensure that:

1. All personnel with responsibilities under the plan receive training in their assignments and refresher training as necessary, and participate in exercises required (please see here below sub-section). Documented work experience can be used instead of training; and
2. Records of this training are maintained aboard the vessel, at the U.S. location of the spill management team, or with the qualified individual. The plan must specify where the records are located.

A vessel owner or operator shall ensure the maintenance of records sufficient to document this training and make them available for inspection upon request by the Coast Guard. Records must be maintained for 3 years following completion of training.

Exercise Requirements

A vessel owner or operator required by 33 CFR 155.1035 and 155.1040 to have a TVRP shall conduct exercise as necessary to ensure that the plan will function in an emergency.

Both announced and unannounced exercises must be included.

Note. An unannounced exercise is one in which the personnel participating in the exercise have not been advised in advance of the exact date, time, and scenario of the exercise.

Announced Exercise Requirements (Internal Exercises)

The following are the minimum exercise requirements for vessels covered under OPA 90:

1. Qualified individual notification exercises, which must be conducted quarterly when in U.S. waters;
2. Emergency procedures exercises, which must be conducted quarterly;
3. Shore-based spill management team tabletop exercises, which must be conducted annually. In a triennial period, at least one of these exercises must include a worst case discharge scenario;
4. Oil spill removal organization equipment deployment exercises, which must be conducted annually; and
5. An exercise of the entire response plan, which must be conducted every 3 years. The vessel owner or operator shall design the exercise program so that all components of the response plan are exercised at least once every 3 years. All of the components do not have to be exercised at one time; they may be exercised over the 3-year period through the required exercises or through an area exercise.

Tabletop Exercise” (TTX) means an exercise of an oil spill contingency plan and the spill management response efforts without the actual deployment of response equipment. A tabletop exercise usually involves the enactment of a response to a simulated spill.

Qualified Individual Notification Exercise

The purpose of the qualified individual notification exercise is to ensure that the qualified individual (or designee, as designated in the response plan) is able to be reached in a spill response emergency to carry out his or her required duties.

Contact by telephone, radio, facsimile or email must be made with the qualified individual, and confirmation must be received from him or her to satisfy the requirements of this exercise.

For vessels, electronic notification (fax or email) will be acceptable, but the baseline should be voice communication. If an electronic means is used for this exercise, confirmation from the qualified individual must be received to properly satisfy the requirements of this exercise.

The qualified individual notification exercise is not intended to verify phone numbers, points of contact or the notification list contained in the plan. The plan holder is expected to update the notification list periodically as part of the normal course of conducting business.

For vessels, it is the responsibility of the plan holder to ensure that the qualified individual notification exercise is conducted. If a plan holder has a fleet of vessels covered by one response plan, the plan holder must ensure that each vessel in the fleet conducts this exercise.

ECM has developed the ECM OPA 90 (USCG) & CALIFORNIA QI NOTIFICATION EXERCISE FORM (Form No. 08) for the Master’s use.

Emergency Procedure Exercise

The purpose of the emergency procedures exercises is to ensure that personnel are capable of conducting the initial actions necessary to mitigate the effects of a spill.

For vessels, it is the responsibility of the plan holder to ensure that the emergency procedures exercise is conducted. If a plan holder has a fleet of vessels covered by one response plan, the plan holder must ensure that each vessel in the fleet conducts this exercise.

Since vessels do not always sail with the same crews, it is important that each vessel conducts these emergency procedures exercises as listed in the VRP on a quarterly basis to ensure that the personnel on board are familiar with the procedures for mitigating a spill occurring from that vessel.

Shore-based Spill Management Team Tabletop Exercise (SMT TTX)

The response plan holder must identify a spill management team (SMT) in the response plan. This SMT shall conduct an annual tabletop exercise.

SMT TTX exercises must be held in accordance with the OPA 90 regulations or in conjunction with the NATIONAL PREPAREDNESS FOR RESPONSE EXERCISE PROGRAM (PREP) GUIDELINES will satisfy the vessel response plan exercise requirements.

The response plan must be utilized in the exercise to ensure the SMT is familiar with the plan and is able to use it effectively to conduct a spill response. At least one spill management team tabletop exercise in a triennial cycle shall involve a worst case discharge scenario.

If a response plan lists different types of spill management teams for varying sizes of spills—for example a local spill management team for small spills, a regional team for larger spills, and a national team for major spills—each team identified would be required to conduct an annual spill management team tabletop exercise. Plan holders must also participate in the SMT TTX annual exercise.

The Equipment Deployment Exercise

The equipment deployment exercise applies to all plan holders. It is the responsibility of the plan holder to ensure that the Equipment Deployment Exercise requirement is met.

The two primary requirements for the equipment deployment exercise are:

1. The personnel that would normally operate or supervise the operation of the response equipment must participate in the exercise. The personnel must demonstrate their ability to deploy and operate the equipment. All personnel involved in equipment deployment and operation must be involved in a training program.
2. The response equipment must be in good operating condition. The equipment must be appropriate for the intended operating environment. The equipment must operate during the exercise. All response equipment must be included in a maintenance program.

Unannounced Exercise Requirements (External Exercises)

Annually, each plan holder should ensure that one of the following exercises is conducted unannounced:

• Emergency procedures exercise for vessels and barges;
• Spill management team tabletop exercise; or
• Equipment deployment exercise.

An unannounced exercise is where the exercise participants do not have prior knowledge of the exercise, as would be the situation in an actual spill incident.

To ensure that the nation maintains an adequate posture for response preparedness, and to satisfy the OPA 90 requirement for unannounced exercises, it is necessary to have an exercise program which is comprised of both announced and unannounced exercises. The requirement for the annual unannounced exercise is necessary to maintain the level of preparedness necessary to effectively respond to a spill.

Response to an actual spill should be taken as credit for the unannounced exercise requirement, if the response was evaluated.

A vessel owner or operator shall participate in unannounced exercises, as directed by the Coast Guard COTP. The objectives of the unannounced exercises will be to evaluate notifications and equipment deployment for responses to average most probable discharge spill scenarios outlined in vessel response plans.

The unannounced exercises will be limited to four per area per year, an area being that geographic area for which a separate and distinct Area Contingency Plan has been prepared, as described in the Oil Pollution Act of 1990.

After participating in an unannounced exercise directed by a COTP, the owner or operator will not be required to participate in another unannounced exercise for at least 3 years from the date of the exercise.

A vessel owner or operator shall participate in area exercises as directed by the applicable on-scene coordinator. The area exercises will involve equipment deployment to respond to the spill scenario developed by the exercise design team, of which the vessel owner or operator will be a member. After participating in an area exercise, a vessel owner or operator will not be required to participate in another area exercise for at least 6 years.

The vessel owner or operator shall ensure that adequate exercise records are maintained. The following records are required:

• On board the vessel, records of the qualified individual notification exercises and the emergency procedures exercises. These exercises may be documented in the ship’s log or may be kept in a separate exercise log.
• At the United States’ location of either the qualified individual, spill management team, the vessel owner or operator, or the oil spill removal organization, records of exercises conducted off the vessel. Response plans must indicate the location of these records.
• Records must be maintained and available to the Coast Guard for 3 years following completion of the exercises.
• The response plan submitted to meet the requirements of this subpart must specify the planned exercise program. The plan shall detail the exercise program, including the types of exercises, frequencies, scopes, objectives, and the scheme for exercising the entire response plan every 3 years.

Compliance with the National Preparedness for Response Exercise Program (PREP) Guidelines will satisfy the vessel response plan exercise requirements.

Source:

The following is an abstract of the Section 2.16 of the ECM Regulatory Reference Guide (RRG) First Edition, Rev.5 .

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Fairplay covers ECM’s Joint seminar at Genoa with PL Ferrari and the standard Club highlithing U.S. prosecution of Marpol violation. Ignorance about current legislation in the US prevents companies from taking proactive steps to avoid problems, delegates were told at a conference on Maritime Environmental Compliance and the US Perspective held in Italy in June. “The lack of correct information about US environmental regulations in force quite often leads to their breach,” noted Michael Minogue, president and CEO of US-based ECM Maritime Services, which organised the event jointly with the Italian P&I broker PL Ferrari. Minogue and his senior vice-president Nishit Kapoor warned the 50 ship owners and managers attending that penalties could affect a company’s very survival.”

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Fairplay, 1 July 2010

Handbook for Environmental Regulatory Compliance, 1st Edition, fourth revision updates rules, regulations and procedures in light of the recent revised regulations introduced or better operational interpretation provided. It is an incomparable reference source for all ship-owners and managers and vessels as well trading in US, Canada, Argentina, Panama and Japan.

This new revision details recent updates as follows:

• Update SMFF information.
• Revise US implementation information regarding Prevention of Air Pollution from Ships.
• Clarify the required attendance at the annual SMT TTX
• Add information regarding Tankers Calling Cook Inlet.
• Update CA Drill Requirements.
• Update information about CARB.
• Amend the WSMC Areas of Coverage.
• Add new section WA State Contingency Plans – ERTV Requirement
• Update eNOAD information.
• Add new section regarding USCG Inspections of Nontank Vessels
• Add new section on US Oil Transfer Procedures

This revised publication remains a single source of information concerning today’s maritime regulatory compliance. Readers requiring additional information have the opportunity to access the fully referenced material including comprehensive ECM tips, more than 100 web hyperlinks. The enhanced format, pdf file, comprehensive index and extensive appendices, provides the reader with improved access to the contents of this important guide.

For more information please contact Bruno or Renee at referenceguide@ecmmaritime.com or to reserve a copy please visit our web site, or email info@ecmeurope.net quoting ref. “RRG order”

Quote:

Highlighted by the slogan ‘Investigate–Criminalize–Prosecute’, a conference on ‘Maritime Environmental Compliance & the US Perspective’, was organised jointly by the marine regulatory compliance firm ECM Maritime Services, LLC (represented by President/CEO Michael Minogue and Sr. Vice President Nishit Kapoor) and P&I brokers PL Ferrari (represented by Massimiliano Villa) at the Genovese headquarters of PL Ferrari and was attended by some fifty shipowners and shipmanagers, providing an objective and insightful overview on the complex US regulations governing maritime pollution and their enforcement.

Also among the speakers were lawyer Michael G. Chalos, whose firm Chalos O’Connor and Duffy, LLP has assisted several ship owners/operators during US prosecutions for environmental violations and David Roberts, Syndicate Director at Charles Taylor for The Standard Club, both of whom covered typical series’ of events leading up to an investigation and/or prosecution.

The US are well-known hardliners in MARPOL interpretation via the Act to Prevent Pollution from Ships (APPS), with investigations and prosecution typically initiated by the U.S. Coast Guard, before being handed to the Environmental Crimes Division at the U.S. Department of Justice (DOJ). In addition to the potential detention of crew and the vessel in question, operators also face jail sentences and substantial fines. It is therefore common for defendants in such cases to sign a Plea Agreement to avoid prosecution, often agreeing to a multi-million dollar monetary fine as well as a 3-5 year period of probation governed by an Environmental Compliance Plan (ECP).

ECM’s speakers stressed that such penalties could often affect a company’s very survival and ship owners and managers should take the necessary action to avoid such dire consequences at all costs. Nishit Kapoor explained that one way for operators to protect themselves from such repercussions was to voluntarily adopt and implement an Environmental Management System (EMS) that was in line with typical DOJ ECP requirements. This in turn could provide relief under the Coast Guard’s Voluntary Disclosure Policy (MLEM Appendix V) in case an environmental violation came to light. Companies satisfying the requirements of Appendix V would not have their cases recommended by the Coast Guard for prosecution by the DOJ.

Both speakers stressed that the biggest obstacle to such pro-active steps was ignorance about current legislation in the United States. “The lack of correct information about U.S. environmental regulations in force leads quite often to their breach” noted Michael Minogue.

At the end of the conference, both ECM and PL Ferrari expressed their satisfaction with the feedback obtained, and ECM revealed that another such conference was planned in Japan, later this year.

ECM Maritime Services, LLC was established in 1990. Its headquarters are in Norwalk, Connecticut with branch offices in five US locations as well European offices in Rome, Italy ECM Europe Srl.

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For futher information about this topic, please do not hesitate to contact us

On April 20, 2010, the offshore oil rig Deepwater Horizon exploded and burned approximately 41 miles off the southeast coast of Louisiana. The Deepwater Horizon subsequently sank on April 22, 2010, causing an oil spill. BP initially reported the amount of released oil from the well was approximately 5,000 US barrels per day (794,920 liters).

However, since the deployment of the riser insertion tube (RITT), it has been determined that the amount of oil released is far greater than initially reported. BP, US Government and industry specialists are now studying the issue to accurately assess the rate of release.

Since the deployment of the RITT, approximately 2,000 to 5,000 barrels (317,968 to 794,920 liters) of oil per day is being recovered through the RITT and stored on board the drillship “Discoverer Enterprise”. Southeast winds are pushing the released oil towards the southeast coast of Louisiana with shoreline impact beginning of May, 2010.

The US hurricane season officially begins on June 1, 2010. The US National Oceanographic and Atmospheric Administration (NOAA) has not issued information addressing the affect of a hurricane in the Gulf of Mexico on the oil spill, however, we expect NOAA and the US Government to release information shortly. ECM will provide the information when available.

Based on the latest oil trajectory forecast issued by NOAA on May 20, 2010, noncontiguous sheen and tarballs are expected to flow southeast of the spill site. NOAA has identified an “Uncertainty Boundary” to cover areas of possible sheen and tarballs.

The most current oil spill trajectory forecasts are available at the Official site of Deepwater Horizon Unified Command ( Click on section “News/Info” then “Maps”). The National Oceanic and Atmospheric Administration (NOAA) has published a fact sheet addressing the affects of a hurricane on the oil spill.

Vessels are encouraged to avoid spill areas during voyages in the vicinity of southeast Louisiana as well as approaches to Southwest Pass.

Vessels that must transit through the affected areas are encouraged to maintain a safe speed through the oil that appears light, bright and on the surface and avoid patches of heavy black oil while ensuring safe navigation. Vessels that follow these procedures will greatly reduce the possibility that they will need their hull cleaned at some future date.

In case of need, ships can easily download latest oil trajectory forecasts from Deepwater Horizon Response Web site. The oil spill forecast trajectory information is updated daily at approximately 1700 hours Central Standard Time (US) which is forecast out to 72 hours. The oil spill trajectory forecasts are put together based on aerial overflights, weather forecasts as well as satellite information from NASA.

Summary of the Current Operations

• All ports in the Gulf of Mexico are open and continue to operate. Restrictions for ports are listed below.
• Due to rough seas and high winds as a results of Hurricane Alex, all offshore cleanup activities have been suspended.
  
• Perdido Pass, Alabama and Pensacola Pass and Destin Pass, Florida will be boomed and closedat flood tide and reopened at ebb tide. If a vessel needs to transit the areas during flood tide, movement of the boom is coordinated on VHF Channels 18 and 81. (MSIB 7-10)
• Vessel’s transiting to the Mobile Bay Ship Channel may face restrictions due to oil spill boom in the areas around Dauphin Island and Fort Morgan. (MSIB 7-10)
• Extensive booming is deployed throughout Alabama, Mississippi and the Florida Panhandle. Booming is difficult to see, especially at night or during low visibility. The USCG has requested vessels to report damaged or adrift boom to the Mobile Incident Command Post by calling 1.251.445.3333. (MSIB 7-10)
• A Safety Zone has been established from Mile Marker 2 AHP to Mile Marker 4 AHP in the vicinity of the Pilottown Anchorage for response vessel cleaning stations on the Lower Mississippi River. (MSIB 107)
• Vessel’s are encouraged to monitor USCG Urgent Marine Information Broadcasts on VHF 22A (157.1 MHZ). These broadcasts contain the most recent information concerning USCG mandated Safety Zones and information.
• Extreme caution is encouraged for all vessels transiting the Mississippi River from MM 15 southward due to extreme maritime congestion.
• A Safety Zone has been established in the Port of Venice, Chevron Slip (Venice Jump) and Buds Boat Rental (Tiger Pass), due to congestion (MSIB 113).
• The National Oceanic and Atmospheric Administration (NOAA) has published a fact sheet addressing the effects of a hurricane on the affected areas. We have summarized the information below: What will the hurricane do to the oil slick in the Gulf?

1. The high winds and seas will mix and “weather” the oil which can help accelerate the biodegradation process.
2. The high winds may distribute oil over a wider area, but it is difficult to model exactly where the oil may be transported.
3. Movement of oil would depend greatly on the track of the hurricane.
4. Storm surges may carry oil onto the coastline and inland as far as the surge reaches. Debris resulting from the hurricane may be contaminated by oil from the Deepwater Horizon incident, but also from other oil releases that may occur during the storm

BP Claims Line

Beginning May 3, 2010 British Petroleum (BP) is accepting claims for oil spill related damages. BP has established a dedicated Claims Line  telephone number to process claims relating to the “Deepwater Horizon” incident. The Claims Line is available 24 hours a day, 7 days a week.

Under OPA 90 such claims may include cleaning operations of the vessel’s hull as well as commercial losses including earnings/profit and other losses in accordance to applicable laws and regulations.

BP Claims Line Telephone Number : 1.800.440.0858

• Personnel at the Claims Line will provide each caller with information on how to submit the claim.
• Each claim will be assigned an adjuster and the claim will be promptly investigated and evaluated.
• Larger and more complex claims may require additional investigation and documentation prior to evaluation and resolution.
• BP has promised to pay resolved claims promptly.

OSRO Resources Involved

The ongoing response to the “Deepwater Horizon” oil spill in the Gulf of Mexico has resulted in the necessary transfer of resources from the Marine Spill Response Corporation (MSRC) and the National Response Corporation (NRC) from other areas creating concern about a possible oil spill removal deficit in some of the COTP zones in the region. (MSRC and NRC are oil spill removal organizations under contract listed in the various Tank Vessel Response Plans and Nontank Vessel Response Plans.)

Both MSRC and NRC have addressed this issue with the USCG Captain of the Ports (COTP) resulting in a document issued by the USCG Vessel Response Plan Program at USCG Headquarters advising that the USCG continues to find MSRC and NRC plan holder customers in compliance with MMPD (maximum most probable) and WCD (worst case discharge) planning requirements based upon the interpretation and assessment of MSRC’s and NRC’s cascade plans. A complete copy of this document is attached for review.

Many of ECM Clients have inquired specifically about the OSROs’ ability to fulfill the AMPD (average most probable discharge) coverage and whether or not you are required to apply for an Alternative Compliance waiver, as defined in NVIC 01-07.

MSRC and NRC have confirmed that they will continue to provide the required AMPD coverage in the Gulf area COTP zones, with concurrence from the COTPs, and therefore you as a plan holder are NOT required to take any action in this regard.

USCG Sector Mobile, Alabama has issued Marine Safety Information Bulletins (MSIB) identifying status updates of the ports within their area of responsibility. On 8 May 2010 USCG Sector Mobile issued the following information.

Self Assessment form to be submitted prior to entering port

To provide for continued facilitation of marine traffic, vessel decontamination sites have been established for deep – draft vessels at offshore fairway anchorages. Vessels are required to conduct self – evaluations of the condition of the vessel’s hull prior to entering ports.

The self – assessments must be submitted to :

Mobile.MTSRU@BP.com or by calling (251) 445-8983.

If through self – assessment the vessel determines that oil is present on the hull, the vessel MUST undergo decontamination prior to entry into any port. We have attached the vessel self – assessment form to be submitted prior to entering port.

Vessels that do not submit the Assessment Form will be delayed when entering Tampa Bay. A copy of this Assessment Form is availabe for download herewith below.

Offshore Anchorage Decontamination Sites – Coordinates

The cleaning and decontamination stations are only for vessels that are “sheening.”

SECTOR MORGAN CITY COTP ZONE

Coordinates:

Port Fourchon:                                                             29° 07’19.32N; 090° 12’01.02″W
Cocodrie Bay:                                                                29° 10’05.64″N; 090° 36’09.00″W
Port Fourchon Offshore:                                           29° 02’ 8.56″N; 090° 13’53.04″W
Outbound Offshore  Mississippi Canyon:           28° 17’40.74″N; 088° 42’19.56″W
LOOP Outbound Gross:                                              28° 16’12.12″N; 089° 54’19.08″W
Grand Isle (2 barges):                                                28° 16’08.22″N; 089° 56’56.52″W

Future Decon Site (inactive until needed): Coordinates:

Morgan City, LA (Eugene Island Sea Bouy)       29° 10’N; 091° 34’ W

SECTOR NEW ORLEANS COTP ZONE

USCG Sector New Orleans has issued Marine Safety Information Bulletin (MSIB -120) establishing “NO WAKE” zones in the proximity of barges moored or anchored in support of the DEEPWATER HORIZON oil spill response efforts.

A cleaning station dispatch has been set up and can be reached 24 hours a day, 7 days a week at (985) 856-2611, via email at mc252decon@gmail.com, or via VHF-FM Channel 16 or 5 call sign “vessel decon.”

These areas include the following reported positions:

Quarter Barges:

• KS532, KS536, JMC190 (common name: Flotel 1) in South Pass at 29 01.236 N – 89 10.398 W.
• CM15, CM16 (common name; Flotel 2) in Pass A Loutre at 29 12.222 N 89 03.003 W
• CM 7 (300 man), (common name; Flotel 3) in Barataria Bay at 29 17.319 N 89 56.881 W

Barges serving as work platforms or staging platforms reported positions:

• Loading Barge – at 29 03.810 N; 89 15.698 W
• Loading Barge – at 29 00.962 N; 89 09.973 W
• Loading Barge – at 29 12.530 N; 89 02.969 W
• Loading Barge – at 29 23.350 N; 89 18.341 W
• Loading Barge – at 29 29.971 N; 89 10.257 W
• Loading Barge – at 29 15.491 N; 89 13.241 W
• Loading Barge – at 29 28.909 N; 89 57.004 W
• Loading Barge – at 29 07.605 N; 89 05.005 W
• Loading Barge – at 29 28.909 N; 89 57.004 W
• Housing Barge – at 29 16.371 N; 89 12.470 W
• Fixed Resource Barge – at 29 07.078 N; 89 12.470 W

Coordinates:

Rabbit Island Gulf Intercoastal Waterway:                     30° 09’N; 089° 38’W
Venice a.k.a. The Jump:                                                           29° 21’N; 089° 27.5’W
Southwest Pass Mile Marker 15:                                           29° 15’N; 089° 15’W
Southwest Pass Inbound Offshore:                                     28° 50’N; 089° 24’W
Baptiste Collete Bayou:                                                           28° 23’05.64″N; 089° 18’21.36″W
Bayou St. Danis:                                                                          29° 28′ 20.4″ N; 089#59′ 23.1″W
Barataria Bay:                                                                              29° 25′ 27.36″N; 089° 59′ 35.7″W
Wilkinson Canal:                                                                        29° 27’35.46″N; 089° 57’04.68″W
South Pass:                                                                                   29° 00’59.88″N; 089° 09’59.64″W

COPT New Orleans has established a safety zone encompassing the coastal area from Mile 45 EHL to Mile 20 WHL on the Gulf Intracoastal Waterway. Response resources have been placed along waterways throughout this region on waterways. Special attention shall be paid to the

following major waterways as they are open to unrestricted commercial navigation:

1. The mouth Lower Mississippi River, including:

• A. South Pass;
• B. Southwest Pass;
• C. Main Pass; and,
• D. Tiger Pass

2. Barataria Waterway.

3. Baptiste Collette.

4. The Gulf Intracoastal Waterway.

All vessels must not come within 20 meters of booming operations, boom, or oil spill response operations. In closer areas where the 20 meter distance is not practical, vessels are required to be vigilant of persons working from small boats or deploying boom material and to transit at safe speed and distance to maintain a no wake zone. Vessels are not to come in contact with boom, or booming and oil spill response operations.

Vessels which wish to enter this zone must obtain permission from the Coast Guard Incident Commander. The Incident Commander can be reached at the Coast Guard Incident Command Post Houma (985) 493-7835. (MSIB 10-121)

SECTOR MOBILE COTP ZONE

Coordinates:

Panama City, FL Harbor Safe Anchorage:                     30° 08’N; 085° 41’W
Panama City, FL Offshore Anchorage:                            30° 03’N: 085° 44’W
Mobile, AL Deep Sea Outbound Two:                              28° 45’N; 085° 45’W
Mobile, AL Deep Sea Outbound One:                               28° 45’N; 087° 15’W
Pensacola, FL Offshore Anchorage:                                 30° 11’N; 087° 20’W
Pensacola, FL Harbor Safe Anchorage:                          30° 20’N; 087° 15’W
Mobile, AL State Docks Pier South A:                             30° 42’N; 088° 02’W
Mobile, AL Offshore Anchorage:                                      30° 04’N; 088° 04’W
Pascagoula, MS Bayou Cassote, Terminal F:                30° 20’N; 088° 30’W
Pascagoula, MS Offshore Anchorage:                              30° 06’N; 088° 34’W
Pascagoula, MS River Harbor, South Terminal: 30° 21’N; 088° 34’W
Gulfport, MS Offshore Anchorage:                                    30° 08’N; 088° 52’W
Gulfport, MS State Docks East Pier:                                  30 ° 21’N; 089° 05’W
Eastern Intercoastal Waterway Foley Land Cut:        30° 16’N; 087° 44’W
Western Intercoastal Waterway, Dauphin Island:     30° 16’N; 088° 09’W
Mobile, AL ORC Docks, North River Inlet:                    30° 41.3′N; 088° 03’W
Pascagoula, MS Chevron Docks;                                        30° 20’N; 088° 30’W

Prior to a vessel receiving pilots at the Mississippi River Pilot Boarding Station, the pilot boat will conduct an inspection of the vessel’s hull.  If the vessel is found to be “sheening” the vessel will be required to have the hull cleaned at one of the vessel cleaning and decontamination stations. Cleaning is coordinated with New Orleans Decon Group via VHF Channel 16 through the pilot on board the vessel.

Vessels that are “sheening” or have oil on the hull, will be directed to the vessel cleaning and decontamination station at 27 degrees 37.2’N, 83 degrees 03.1’N. Once anchored, an Oil Spill Response Organization (OSRO) will be assigned to decontaminate the vessel’s hull.

Upon completion of decontamination, an opportunity for a final inspection of the vessel’s hull by a vessel representative and the USCG representative will be available.

Vessels that have been oiled from the oil spill and not “sheening” should coordinate their own cleaning and contact BP Claims at US telephone number +1 800-440-0858 to request reimbursement.

The USCG has established a Safety Zone from Mississippi River Mile Marker 10 to Mile Marker 17.5 BHP (Light 18 to Light 6) in the vicinity of the vessel cleaning and decontamination stations. Vessels are to transit at the slowest safe speed with minimum wake.

USCG Sector St. Petersburg, Florida, has established additional requirements for vessels entering Tampa Bay. All vessels entering Tampa Bay must submit a Vessel Assessment Reporting Form to the USCG Sector St. Petersburg Notice of Arrivals Desk at US telephone number +1 813-228-2189 extension 8140, 24 hours prior to the vessel’s arrival.

Prior to boarding by the pilot, the pilot boat will conduct a brief inspection of the hull to verify the vessel is not sheening and there is no oil on the vessel’s hull. This inspection is also to verify the submission of the Vessel Assessment Reporting Form. If the vessel is found to be oiled or sheening, a report must be made to Tampa Bay CTVS (VHF Channel 12).

Vessels transiting to the Mobile Ship Channel may face restrictions due to booming operation in the areas around Dauphin Island and Fort Morgan. Restriction may also occur in smaller passes; closures will only be made after considerations with stakeholders regarding environmental and traffic impacts. The potential closures should not interrupt deep – draft vessel traffic.

USCG Sector New Orleans has established a vessel decontamination station offshore for vessels departing the Lower Mississippi River which need cleaning prior to transiting to other ports. The station is located at:

MS Canyon Cleaning Station              28 degrees 17’ N 088 degrees 42’ W

Cleaning stations can be contacted by using Channel VHF 16 and VHF Channel 5 using the call sign “vessel decon.”

Decontamination stations are frequently moved or closed. To obtain the current information prior to entering port the vessel can call the “decon dispatcher” at telephone number (985) 856-261. This telephone number can also be used to report oiled hulls.

Vessels are encouraged to avoid spill areas and contact with oil, ensuring safe navigation.

USCG Sector Mobile

USCG Sector Mobile updated the Vessel Self – Assessment Form on May 20, 2010 to be submitted by all vessels inbound to ports within the USCG Mobile Captain of the Port (COTP) Zone. Do not use the previous assessment form. The ports affected are Gulfport – Mississippi, Pascagoula – Mississippi, Mobile – Alabama, Pensacola – Florida and Panama City – Florida.

The new email address for submitting the Vessel Self – Assessment Form is: http://ICPMOBILEMTSRU@uscg.mil

Contact telephone number is 251.445.8983.  Telephone calls are accepted 0730 – 1830 hours (local time) seven (7) days a week.

USCG Sector St. Petesburg, Florida

USCG Sector St. Petersburg, Florida, issued a Marine Safety Information Bulletin (MSIB)stating that Tampa Bay is open and free of restrictions to all vessels not exhibiting signs of oil contamination. If vessels show signs of sheening, the vessel must be cleaned prior to entering port.

USCG Sector Miami and Jacksonville, Florida

USCG Sector Miami and Jacksonville, Florida are requiring vessel hull self-assessments for oil contamination on those vessels which have transited through oil affected areas prior to entering port. Self –assessment reports are to be made to the following telephone numbers:

• USCG Sector Miami; daytime hours +1 305.535.8732
• nighttime hours +1 305.535.4472 (MSIB 1-10)
• USCG Sector Jacksonville; +1 904.564.7513 (MSIB 11-10)

If the vessel has determined that oil is present on the hull, the USCG will direct the vessel to proceed to the designated decontamination location.

Sector/Port of New Orleans

The USCG Captain of the Port New Orleans is allowing vessel transits through Southwest Pass to the Mississippi River with restrictions that are outlined in the “Marine Safety Information Bulletin” (MSIB) dated April 29, 2010.

Sector New Orleans has provided the following guidance for those vessels requiring hull decontamination:

a) No deep draft vessels have required cleaning prior to entering the Lower Mississippi River. However, in the event that cleaning is needed, use the Self Assessment Vessel Reporting Form to notify Sector New Orleans that cleaning is taking place. Only if you have visible oil that is creating a sheen on the water, should you fill this form out and proceed to a cleaning station. Email the completed form to pscnola@uscg.mil or fax to + 1 (504) 219-2730.

b) Vessel cleaning stations are intended for those vessels which are sheening, and must be cleaned. Vessels wishing to be cleaned, but do not meet these criteria, should coordinate their own cleaning and seek reimbursement through the BP claims process. Cleaning stations are available at the following locations:

1. Offshore in Mississippi Canyon at latitude 28-17’ N and longitude 088-42’W. Vessels are required to contact the decon station when 10NM away if they intend to stop by hailing the cleaning station on VHF-FM Channel 16 (MSIB 93).

2. Approaching the Southwest Pass Sea Buoy at latitude 28-48’00.00”N andlongitude 089-26’30” W. Cleaning will be coordinated via the pilot onboard. Non-piloted vessels can arrange cleaning by contacting the deconstation on VHF-FM Channel 16. This station conducts gross decontamination after which the vessel will proceed to cleaning station located in Southwest Pass (MSIB 90).

3. Southwest Pass moving cleaning station from MM 17.5 BHP (Light “6”) and MM 10 BHP (Light “18”). Cleaning operations will be coordinated via the pilot on board (MSIB 90).

4. At Boothville, LA in the vicinity of Fort Jackson (approximately MM20). This station is intended for only those vessels which have been heavily oiled and will be coordinated via the pilot on board. Lightly oiled vessels which have been cleaned in Southwest Pass and are no longer sheening are not required to stop at this cleaning station (MSIB 90).

5. The GIWW at approximately MM 34 EHL in the vicinity of Rabbit Island. This is a portable cleaning station and mariners are encouraged to stop at a location in that general area that they feel is safe for vessel cleaning operations and can be contacted at VHF-FM Channel 16 (MSIB 90).”

ECM will continue to monitor the oil spill and its affect on the Gulf of Mexico and provide updates as necessary.

Additional information can be obtained from the following web sites:

• NOAA web page
• NOAA and Geoplatform web site
• visit deepwather horizonresponse web site The Official site of  Deepwater Horizon Unified Command
• NOAA’s National Weather Service has created a special forecast website
• MAPS
• Google Crisis Response
  
• Figure above: Image of the affected area, captured on May 22, by the Moderate Resolution Imaging Spectroradiometer (MODIS) on NASA’s Aqua satellite, and the Advanced Land Imager on NASA’s Earth Observing-1 (EO-1) satellite.  Credit NASA Earth Observatory web site

Dowonload:

NVIC 01-07

Cascade plan assessment 30Apr, 2010

Deepwater horizion situation map status

Vessel Assessment Form (as updated on 19 May 2010)

Vessel Self Assessment Form St.Peters

Mobile Marine Safety Information Bulletin (MSIB) 04-10

References:

ECM Client Alert nr 10, 11, 13, 14, 15, 16, 17, 19, 20, 22, 24 and 27-2010

Nearshore Surface Oil Forecastg Deepwater Horizon July 13, 2010

This inspection campaign will last for 3 months, starting on 1 September and ending on 30 November 2010.

The reasons for this CIC include that inspections showed tankers frequently sailing when not complying with damage stability requirements or had no means of assessing damage stability or were sailing in a loading condition not covered by the approved stability book.

In practice the CIC will mean that during every port State control inspection of a tanker within the Paris MoU region, the stability information book and other applicable documentation shall be verified in more detail for compliance with relevant regulations.

Port State Control Officers (PSCOs) shall use a list of 9 selected items to verify critical areas for tanker stability. The questionnaire will be published on the website of Paris MoU.

A special training programme was organized to prepare PSCOs for the campaign.

When deficiencies are found, actions by the port State may vary from recording a deficiency to detention of the ship until deficiencies have been rectified.

In case of detention, publication in the monthly list of detentions available on the Paris MoU web page will take place.

The results of the campaign will be analysed and findings will be presented to the governing bodies of the MoU for submission to the IMO.

For questions and/or assistance in Europe please do not hesitate to contact us

Source:

The Paris Memorandum of Understanding on Port State Control

On 4 June 2010, Italy’s Senate has also formally implemented the EU Directives 2008/99/CE and 2009/123/CE by enacting Law n.96/2010, published on the “Gazzetta Ufficiale” on 25 June 2010.

Article 19 states that the Goverment has to adopt European Directives 2008/99/CE and 2009/123/CE within 9 months from their original issuing date. So far Spain, Latvia, and Luxembourg have already adopted such Directives in ther respective national legislations.

ECM Europe will continue to monitor the implementation of these and other EU Directives throughout Europe.

Source:
Eurolex

According to the multi-district plea agreement arising out of charges brought in the District of Maryland, Western District of Washington, and Eastern District of Louisiana, Irika Shipping has agreed to pay a $4 million total penalty, be placed on probation for a maximum period of five years, and be subject to the terms of an Enhanced Environmental Compliance Program.

The proposed $4 million penalty includes a $3 million criminal fine and $1 million in organizational community service payments that will fund various marine environmental projects. In Maryland, $750,000 will go to the congressionally established National Fish & Wildlife Foundation and be used for Chesapeake Bay projects. In Washington, $125,000 will go to environmental projects in and around the waters of Puget Sound and the Straits of Juan De Fuca. In Louisiana, $125,000 will go toward funding habitat conservation, protection, restoration, and management projects to benefit fish and wildlife resources and habitats. Under the terms of the proposed plea agreement, Irika Shipping and its ships must also be audited by an independent firm and supervised by a court appointed monitor.

According to court documents, the investigation into the M/V Iorana was launched in January 2010 after a crew member passed a note to the Customs and Border Protection inspector upon the ship’s arrival in Baltimore alleging that the ship’s chief engineer had directed the dumping of waste oil overboard through a bypass hose that circumvented pollution prevention equipment required by law. The whistleblower’s note stated: “We are asking help to any authorities concerned about this, because we must protect our environment and our marine lives.”

“Deliberate pollution from ships, intentional falsification of records to cover up pollution, and obstruction of justice are serious crimes that will be vigorously prosecuted,” said Ignacia S. Moreno, Assistant Attorney General, Environment & Natural Resources, U.S. Department of Justice. “The Department of Justice will continue to protect human health and the environment through robust enforcement of the law.”

“Criminal prosecutions are needed to deter deliberate efforts to circumvent pollution laws,” said Rod J. Rosenstein, U.S. Attorney for the District of Maryland. “A total of $750,000 will be devoted to protecting Chesapeake Bay as a result of this prosecution,” said Rosenstein.

“This was a case of willful and deceitful pollution, and the corporation responsible is being held accountable,” said Rear Adm. “Dean” Lee, Commander of the Coast Guard’s 5th District. “This case should serve as a deterrent to those who would violate marine pollution laws.”

“Maritime laws exist in order to protect the ocean from being used as dumping grounds for oily wastes,” said David M. Dillon, Special Agent in Charge of the Environmental Protection Agency’s (EPA) criminal enforcement program in Philadelphia. “This prosecution sends a clear and deterrent message that those who cut corners and break the law will be vigorously prosecuted.”

During a Coast Guard inspection on Jan. 8, 2010, the Coast Guard obtained photographs taken on the whistleblower crew member’s cell phone showing the use of a 103-foot long “magic hose” to bypass the ship’s oily water separator. The illicit bypass system used to discharge oily waste, including sludge, was routed through the ship’s boiler blow down system where any trace of oil could be expected to be steam cleaned away. The illegal discharges were concealed in a fraudulent oil record book, a required log in which all overboard discharges are to be recorded.

In pleading guilty, Irika Shipping has admitted the following in a detailed joint factual statement:

• Approximately 23 cubic meters of oil contaminated sludge and bilge waste (approximately 6,000 gallons) were dumped overboard in December 2009 during the voyage from Gibraltar to Baltimore using the 103-foot bypass hose;
• The flanges where the bypass hose was connected were repainted before arriving in port in order to cover up tool marks caused when the bypass hose was connected and disconnected;
• The bypass was used at night, and plastic bags filled with oil soaked rags used to clean the bilge tank, which was contaminated with sludge and cleaned with diesel fuel, were dumped overboard at night;
• Additional episodes of illegal discharges took place after the ship’s first voyage in June 2009 and continued through the middle of December 2009;
• Irika Shipping did not have a company budget, a budget for the vessel or a waste management plan. Irika’s crew members received little training regarding the company’s environmental policies;
• Crew members were not informed by the company that it had previously been involved in an environmental crimes prosecution and, as a result, was to have been operating under a court-imposed Environmental Compliance Program; and
• Irika obstructed justice in various ways including: senior ship officers made false statements to the Coast Guard, crew members were told to lie to the Coast Guard, and evidence of illegal dumping was destroyed.

As set forth in the plea agreement, Irika pleaded guilty in U.S. District Court in Baltimore, Maryland to two counts of violating the Act to Prevent Pollution from Ships for failing to maintain an accurate oil record book and garbage record book; one count of obstruction of the Coast Guard’s inspection; three counts of concealing evidence; one count of making materially false statements; and one count of obstruction of justice filed. The maximum penalty for each of these felony offenses is $500,000 or up to twice the gross gain or loss from the offense.

In 2007, Irika Shipping was also the operator of the M/V Irika, a ship subject to a similar prosecution in Tacoma, Washington, where the ship’s owner, Irika Maritime S.A., and the ship’s chief engineer were convicted. As part of the sentence in that case, both Irika Maritime and Irika Shipping were required to develop and implement an Environmental Compliance Plan that would apply during a four year period of probation to the entire fleet of vessels managed by Irika Shipping, including new vessels such as the M/V Iorana.

In connection with its 2010 guilty plea, Irika admitted that it hired back the convicted chief engineer from the prior case who committed new violations on the M/V Iorana during the probationary period. A subsequent chief engineer, Triantafyllos Marmaras, was in charge at the time of the January 2010 inspection in Baltimore. Chief Engineer Marmaras pleaded guilty in June 2010, in U.S. District Court in Baltimore, to obstruction of justice charges in a related case.

Yesterday’s prosecution was made possible through the combined efforts of the U.S. Coast Guard Sector Baltimore, the Coast Guard Investigative Service, Coast Guard Office of Maritime and International Law, Coast Guard Office of Investigations and Analysis, Environmental Protection Agency Criminal Investigations Division with assistance from the U.S. Customs and Border Protection. The cases were prosecuted by Richard A. Udell, Senior Trial Attorney of the Environmental Crimes Section of the U.S. Department of Justice, P. Michael Cunningham, Assistant U.S. Attorney in Baltimore, James Oesterle, Assistant U.S. Attorney in Seattle, and Dorothy Manning Taylor, Assistant U.S. Attorney in New Orleans.

Source:

• Environment and Natural Resources Division of US Department of Justice

In the efforts to eliminate substandard shipping, the Coast Guard has  focused the energy on improved methods to identify poor-quality vessels (targeting schemes), and to enforce compliance with international and U.S. standards.

The quality of vessels visiting U.S. ports has improved in recent years, and hundreds of vessels are typically found with few or no deficiencies. However, we shall recall that since 21 of January 2001 the USCG reward those high-quality ships, and provide incentives to encourage quality operations.

This initiative is called QUALSHIP 21, Quality shipping for the 21st century.

Flag States that are Eligible 2008, are as follow:

Barbados, Belgium, Belize, Bermuda, Bulgaria *, Canada, China, France *, Germany, Gibraltar, Greece, Hong Kong, India *, Israel, Malaysia *, Marshall Islands, Norway, Philippines *, Republic of Korea, Sweden, United Kingdom.

* For 2008, the number of qualifying registries has increased to 21, this is contingent upon some registries providing us a copy of their Self Assessment Form (SAF); those marked with an * require an SAF be submitted.

Suppporting Documents are available on USCG Homeport web site

Do not hesitate to contact ECM for FREE assistance.

Il gruppo raccoglie una vasta platea di stakeholder: comprende infatti esperti ed osservatori provenienti da 99 paesi membri dell’ISO e da 42 organizzazioni internazionali. Le delegazioni sono composte da rappresentanti delle sei diverse categorie di stakeholder definite dallo stesso WG per garantire la massima consensualità dei contenuti del documento: Governi, Imprese, Lavoratori, Consumatori, ONG, altre organizzazioni di ricerca, servizi e supporto.

L’incontro nella capitale danese, in cui erano presenti circa 500 partecipanti compresi i rappresentanti di più di 40 Enti di normazione nazionale, ha dato il via libera alla versione FDIS (Final Draft International Standard) delle linee guida.

Il testo finale sarà redatto tenendo conto del consenso raggiunto nell’incontro della scorsa settimana sui quasi 2.500 commenti raccolti nella fase di inchiesta pubblica. La stesura avverrà nel prossimo mese, grazie a un ulteriore lavoro editoriale che prevede anche la traduzione nelle altre lingue più diffuse del globo (francese, spagnolo, tedesco, russo, arabo). Il voto formale da parte dei membri ISO si terrà tra agosto e settembre; secondo il calendario dei lavori, la pubblicazione della norma nella sua versione definitiva è prevista per gli ultimi mesi dell’anno 2010.

Il presidente dell’ISO/TMB/WG SR, il brasiliano Jorge E. R. Cajazeira, ha commentato con soddisfazione l’esito della riunione tenutasi a Copenhagen: “La ISO 26000 fornirà alle organizzazioni del settore sia pubblico sia privato un nuovo paradigma per operare in termini socialmente responsabili. Essa le aiuterà nel conseguire obbiettivi economici a lungo termine minimizzando costi sociali ed impatti nocivi sull’ambiente”.

Il vice presidente, lo svedese Staffan Söderberg, ha dichiarato: “È stato veramente un momento emozionante quando – raggiunto il consenso sulle 100 pagine del documento – 400 persone, tra esperti e osservatori, si sono alzati in piedi e hanno applaudito. Il Gruppo di Lavoro ISO ha raggiunto veramente un risultato straordinario ed è giunto il momento di metterlo a disposizione del mercato e di tutte le organizzazioni”.