CALIFORNIA STATE LANDS COMMISSIONCALIFORNIA STATE LANDS COMMISSIONCUSTOMER SERVICE MEETINGCUSTOMER SERVICE MEETING

JANUARY 30, 2008JANUARY 30, 2008

AVAILABILITY OF AVAILABILITY OF RECEPTION FACILITIES:RECEPTION FACILITIES:

FACT OR FALLACY??FACT OR FALLACY??

JOE ANGELOJOE ANGELO

DEPUTY MANAGING DIRECTORDEPUTY MANAGING DIRECTOR

AGENDAAGENDA

INTERTANKOINTERTANKO

RECEPTION FACILITYRECEPTION FACILITY REQUIREMENTSREQUIREMENTS

ISSUESISSUES

SOLUTIONSSOLUTIONS

INTERTANKOINTERTANKO

INTERNATIONAL ASSOCIATION OF INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERSINDEPENDENT TANKER OWNERS

MEMBERSHIPMEMBERSHIP

• 270+ MEMBERS270+ MEMBERS

• 2,770+ TANKERS2,770+ TANKERS

• 230+ MILLION DWT230+ MILLION DWT

• MORE THAN 80% OF INDEPENDENT MORE THAN 80% OF INDEPENDENT TANKER FLEETTANKER FLEET

• 300+ ASSOCIATE MEMBERS300+ ASSOCIATE MEMBERS

INTERTANKOINTERTANKO

MISSIONMISSION

PROVIDE LEADERSHIPPROVIDE LEADERSHIP TO THE TANKER INDUSTRY TO THE TANKER INDUSTRY

IN SERVING THE WORLD WITH THE IN SERVING THE WORLD WITH THE SAFE, ENVIRONMENTALLY SOUND AND SAFE, ENVIRONMENTALLY SOUND AND

EFFICIENT SEABORNE EFFICIENT SEABORNE TRANSPORTATION OF OIL, GAS AND TRANSPORTATION OF OIL, GAS AND

CHEMICAL PRODUCTSCHEMICAL PRODUCTS

INTERTANKOINTERTANKO

PRIMARY GOALPRIMARY GOAL

LEAD THE LEAD THE CONTINUOUS IMPROVEMENTCONTINUOUS IMPROVEMENT OF THE TANKER INDUSTRY’S OF THE TANKER INDUSTRY’S

PERFORMANCE IN STRIVING TO PERFORMANCE IN STRIVING TO ACHIEVE THE GOALS OF:ACHIEVE THE GOALS OF:

• ZERO FATALITIESZERO FATALITIES

• ZERO POLLUTIONZERO POLLUTION

• ZERO DETENTIONSZERO DETENTIONS

RECEPTION FACILITY RECEPTION FACILITY REQUIREMENTSREQUIREMENTS

MARPOL 73/78MARPOL 73/78

ANNEXEX I, II AND VANNEXEX I, II AND V

33 CFR PART 15833 CFR PART 158

ANNEX I - OILANNEX I - OIL

MARPOL 73/78 ANNEX IMARPOL 73/78 ANNEX I

REGULATION 38REGULATION 38(previously REGULATION 12)(previously REGULATION 12)

EACH PARTY UNDERTAKES TO EACH PARTY UNDERTAKES TO ENSURE THE ENSURE THE PROVISION OF RECEPTION FACILITIESPROVISION OF RECEPTION FACILITIES AT OIL AT OIL

LOADING TERMINALS, REPAIR PORTS AND LOADING TERMINALS, REPAIR PORTS AND OTHER PORTS IN WHICH SHIPS HAVE OILY OTHER PORTS IN WHICH SHIPS HAVE OILY RESIDUES TO DISCHARGE, RESIDUES TO DISCHARGE, ADEQUATE TO ADEQUATE TO

MEET THE NEEDSMEET THE NEEDS OF THE SHIPS USING THEM OF THE SHIPS USING THEM WITHOUT CAUSING UNDUE DELAY TO SHIPSWITHOUT CAUSING UNDUE DELAY TO SHIPS

ANNEX I - OILANNEX I - OIL

RECEPTION FACILITIESRECEPTION FACILITIES SHALL BE PROVIDED IN: SHALL BE PROVIDED IN:

• ALL PORTS & TERMINALS WHICH LOAD CRUDE OILALL PORTS & TERMINALS WHICH LOAD CRUDE OIL• ALL PORTS & TERMINALS WHICH LOAD OIL IN BULK ALL PORTS & TERMINALS WHICH LOAD OIL IN BULK

OTHER THAN CRUDE OIL (MORE THAN 1000 TONS)OTHER THAN CRUDE OIL (MORE THAN 1000 TONS)• ALL PORTS WITH SHIP REPAIR YARDS OR TANK ALL PORTS WITH SHIP REPAIR YARDS OR TANK

CLEANING FACILITIESCLEANING FACILITIES• ALL PORTS & TERMINALS HANDLING SHIPS WITH ALL PORTS & TERMINALS HANDLING SHIPS WITH

SLUDGE TANKSSLUDGE TANKS• ALL PORTS FOR OILY BILGE WATER AND OTHER ALL PORTS FOR OILY BILGE WATER AND OTHER

RESIDUESRESIDUES• ALL LOADING PORTS FOR BULK CARGOES FOR OIL ALL LOADING PORTS FOR BULK CARGOES FOR OIL

RESIDUES FROM COMBINATION CARRIERS RESIDUES FROM COMBINATION CARRIERS

ANNEX II - NLSANNEX II - NLS

MARPOL 73/78 ANNEX IIMARPOL 73/78 ANNEX II

REGULATION 18REGULATION 18(previously REGULATION 7)(previously REGULATION 7)

EACH PARTY UNDERTAKES TO EACH PARTY UNDERTAKES TO ENSURE ENSURE THE PROVISION OF RECEPTION THE PROVISION OF RECEPTION

FACILITIESFACILITIES ACCORDING TO THE NEEDS ACCORDING TO THE NEEDS OF SHIPSOF SHIPS USING ITS PORTS, USING ITS PORTS,

TERMINALS OR REPAIR FACILITIESTERMINALS OR REPAIR FACILITIES

ANNEX II - NLSANNEX II - NLS

RECEPTION FACILITIESRECEPTION FACILITIES SHALL BE PROVIDED IN: SHALL BE PROVIDED IN:

• PORTS AND TERMINALS INVOLVED IN SHIPS’ CARGO PORTS AND TERMINALS INVOLVED IN SHIPS’ CARGO HANDLING FOR THE RECEPTION OF RESIDUES AND HANDLING FOR THE RECEPTION OF RESIDUES AND MIXTURES CONTAINING SUCH RESIDUES RESULTING MIXTURES CONTAINING SUCH RESIDUES RESULTING FROM COMPLIANCE WITH THE ANNEX FROM COMPLIANCE WITH THE ANNEX WITHOUT WITHOUT UNDUE DELAY FOR THE SHIPS INVOLVEDUNDUE DELAY FOR THE SHIPS INVOLVED

• SHIP REPAIR PORTS UNDERTAKING REPAIRS TO SHIP REPAIR PORTS UNDERTAKING REPAIRS TO NOXIOUS LIQUID SUBSTANCE (NLS) TANKERSNOXIOUS LIQUID SUBSTANCE (NLS) TANKERS

CARGO UNLOADING TERMINALS SHALL PROVIDE CARGO UNLOADING TERMINALS SHALL PROVIDE ARRANGEMENTS TO FACILITATE STRIPPINGARRANGEMENTS TO FACILITATE STRIPPING OF OF CARGO TANKS OF SHIPS UNLOADING NLS CARGO TANKS OF SHIPS UNLOADING NLS

ANNEX V - GARBAGEANNEX V - GARBAGE

MARPOL 73/78 ANNEX VMARPOL 73/78 ANNEX V

REGULATION 7REGULATION 7

EACH PARTY UNDERTAKES TOEACH PARTY UNDERTAKES TO ENSURE THE PROVISION OF ENSURE THE PROVISION OF

RECEPTION FACILITIESRECEPTION FACILITIES AT PORTS AND AT PORTS AND TERMINALS FOR THE RECEPTION OF TERMINALS FOR THE RECEPTION OF

GARBAGE GARBAGE ACCORDING TO THE NEEDS ACCORDING TO THE NEEDS OF SHIPSOF SHIPS USING THEM USING THEM WITHOUT WITHOUT

CAUSING UNDUE DELAY TO SHIPSCAUSING UNDUE DELAY TO SHIPS

IMO ACTIVITYIMO ACTIVITY

• ““INADEQUACY OF RECEPTION FACILITIES” INADEQUACY OF RECEPTION FACILITIES” IS A IS A CONTINUING AGENDA ITEM FOR THE MARINE CONTINUING AGENDA ITEM FOR THE MARINE ENVIRONMENT PROTECTION COMMITTEE (MEPC)ENVIRONMENT PROTECTION COMMITTEE (MEPC)

• MEPC ADOPTS (FOR THE THIRD TIME) IN 2005 A MEPC ADOPTS (FOR THE THIRD TIME) IN 2005 A CIRCULAR ON CIRCULAR ON “REPORTING ALLEGED INADEQUATE “REPORTING ALLEGED INADEQUATE RECEPTION FACILITIES” RECEPTION FACILITIES”

• MEPC ALSO ADOPTS CIRCULAR ON REPORTING TO MEPC ALSO ADOPTS CIRCULAR ON REPORTING TO HAVE PORT STATES PROVIDE:HAVE PORT STATES PROVIDE:

- LIST OF RECEPTION FACILITIES IN ITS PORTS; AND- LIST OF RECEPTION FACILITIES IN ITS PORTS; AND

- PROVIDE - PROVIDE RESULTS OF INVESTIGATIONS INTO RESULTS OF INVESTIGATIONS INTO REPORTED INADEQUATE RECEPTION FACILITIES REPORTED INADEQUATE RECEPTION FACILITIES

33 CFR 15833 CFR 158

BASIC PRINCIPLES –BASIC PRINCIPLES –

• A PORT OR TERMINAL THAT WANTSA PORT OR TERMINAL THAT WANTSTO RECEIVE SHIPS MUST HAVE A TO RECEIVE SHIPS MUST HAVE A RECEPTION FACILITYRECEPTION FACILITY

• A PORT OR TERMINAL MUST HOLD A A PORT OR TERMINAL MUST HOLD A CERTIFICATE OF ADEQUACY (COA) CERTIFICATE OF ADEQUACY (COA) ISSUED BY THE USCGISSUED BY THE USCG

• NO SHIP MAY ENTER A PORT OR NO SHIP MAY ENTER A PORT OR TERMINAL THAT DOES NOT HAVE A TERMINAL THAT DOES NOT HAVE A VALID CERTIFICATE OF ADEQUACYVALID CERTIFICATE OF ADEQUACY

33 CFR 15833 CFR 158

A PORT MEANS –A PORT MEANS –

(1) A GROUP OF TERMINALS THAT (1) A GROUP OF TERMINALS THAT COMBINE TO ACT AS A UNIT AND BE COMBINE TO ACT AS A UNIT AND BE CONSIDERED A PORT FOR THE CONSIDERED A PORT FOR THE PURPOSES OF THIS PART, ORPURPOSES OF THIS PART, OR

(2) A PORT AUTHORITY OR OTHER (2) A PORT AUTHORITY OR OTHER ORGANIZATION THAT CHOOSES TO BE ORGANIZATION THAT CHOOSES TO BE CONSIERED A PORT FOR THE CONSIERED A PORT FOR THE PURPOSE OF THIS PARTPURPOSE OF THIS PART

33 CFR 15833 CFR 158

RECEPTION FACILITYRECEPTION FACILITY MEANS – MEANS –

ANYTHING CAPABLE OF RECEIVING ANYTHING CAPABLE OF RECEIVING SHIPBOARD OILY MIXTURES, NLS OR SHIPBOARD OILY MIXTURES, NLS OR GARBAGE, INCLUDING FIXED PIPING, GARBAGE, INCLUDING FIXED PIPING, TANK BARGES, RAILROAD CARS, TANK TANK BARGES, RAILROAD CARS, TANK TRUCKS, OTHER MOBILE FACILITES, TRUCKS, OTHER MOBILE FACILITES, CONTAINERS, OTHER RECEPTACLES CONTAINERS, OTHER RECEPTACLES OR ANY COMBINATION OF FIXED AND OR ANY COMBINATION OF FIXED AND MOBILE FACILITIESMOBILE FACILITIES

33 CFR 158 - OIL33 CFR 158 - OIL

A A PORT OR TERMINALPORT OR TERMINAL WHICH RECEIVES OCEANGOING WHICH RECEIVES OCEANGOING

TANKERS TANKERS OROR ANY OTHER ANY OTHER OCEANGOING SHIPOCEANGOING SHIP

OF 400 GROSS TONS OR MORE, OF 400 GROSS TONS OR MORE, CARRYING OILY MIXTURESCARRYING OILY MIXTURES

MUST HAVE A RECEPTION FACILITYMUST HAVE A RECEPTION FACILITY

33 CFR 158 – OIL 33 CFR 158 – OIL

RECEPTION FACILITYRECEPTION FACILITY GENERAL GENERAL CRITERIA CRITERIA

• BE AVAILABLE AT THE PORT OR TERMINALBE AVAILABLE AT THE PORT OR TERMINAL

• HOLD NECESSARY PERMITS/LICENSESHOLD NECESSARY PERMITS/LICENSES

• BE CAPABLE OFBE CAPABLE OF- RECEIVING OIL MIXTURES - RECEIVING OIL MIXTURES WITHIN 24WITHIN 24 HOURS HOURS OF NOTICE BY SHIP OF NOTICE BY SHIP- COMPLETING RECEPTION OF BALLAST- COMPLETING RECEPTION OF BALLAST WATER CONTAINING OILY MIXTURES WATER CONTAINING OILY MIXTURES IN LESS THAN 10 HOURSIN LESS THAN 10 HOURS- COMPLETING RECEPTION OF OTHER OILY - COMPLETING RECEPTION OF OTHER OILY MIXTURES MIXTURES IN LESS THAN 4 HOURSIN LESS THAN 4 HOURS

33 CFR 158 - OIL33 CFR 158 - OIL

RECEPTION FACILITYRECEPTION FACILITY SPECIFIC SPECIFIC CRITERIACRITERIA

• FOR PORTS AND TERMINALSFOR PORTS AND TERMINALS THAT – THAT –

- LOAD CRUDE OIL- LOAD CRUDE OIL

- LOAD MORE THAN 1,000 METRIC- LOAD MORE THAN 1,000 METRIC TONS OF OIL OTHER THAN CRUDE OIL TONS OF OIL OTHER THAN CRUDE OIL

- ARE USED EXCLUSIVELY BY NON-- ARE USED EXCLUSIVELY BY NON- SELF-PROPELLED TANK BARGES SELF-PROPELLED TANK BARGES

• SHIP REPAIR YARDSSHIP REPAIR YARDS

33 CFR 158 - OIL33 CFR 158 - OIL

CRITERIACRITERIA – LOADING CRUDE OIL – – LOADING CRUDE OIL – CAPACITY TO RECEIVE CAPACITY TO RECEIVE

• OIL RESIDUEOIL RESIDUE – – 10 METRIC TONS10 METRIC TONS

• BILGE WATERBILGE WATER – – 10 METRIC TONS10 METRIC TONS OR 2 OR 2 METRIC TONS x DAILY VESSEL AVERAGE, METRIC TONS x DAILY VESSEL AVERAGE, WHICHEVER IS GREATERWHICHEVER IS GREATER

• BALLAST WATERBALLAST WATER – – 30% OF DWT30% OF DWT OF LARGEST OF LARGEST TANKER x 1 OR DAILY VESSEL AVERAGE TANKER x 1 OR DAILY VESSEL AVERAGE WHICHEVER IS GREATERWHICHEVER IS GREATER

33 CFR 158 - OIL33 CFR 158 - OIL

CRITERIACRITERIA – LOADING OIL OTHER THAN – LOADING OIL OTHER THAN CRUDE OIL – CAPACITY TO RECEIVECRUDE OIL – CAPACITY TO RECEIVE

• OIL RESIDUEOIL RESIDUE – – 10 METRIC TONS10 METRIC TONS• BILGE WATERBILGE WATER – – 10 METRIC TONS10 METRIC TONS OR 2 OR 2

METRIC TONS x DAILY VESSEL AVERAGE, METRIC TONS x DAILY VESSEL AVERAGE, WHICHEVER IS GREATERWHICHEVER IS GREATER

• BALLAST WATERBALLAST WATER – – 30% OF DWT30% OF DWT OF LARGEST OF LARGEST TANKER x 1 OR DAILY VESSEL AVERAGE TANKER x 1 OR DAILY VESSEL AVERAGE WHICHEVER IS GREATERWHICHEVER IS GREATER

• OIL CARGO RESIDUEOIL CARGO RESIDUE – – 0.2% OF TOTAL CARGO 0.2% OF TOTAL CARGO CAPACITYCAPACITY OF LARGEST TANKER x 1 OR DAILY OF LARGEST TANKER x 1 OR DAILY AVERAGE WHICHEVER IS GREATERAVERAGE WHICHEVER IS GREATER

33 CFR 158 - OIL33 CFR 158 - OIL

CRITERIACRITERIA – EXCLUSIVELY BY NON-SELF – EXCLUSIVELY BY NON-SELFPROPELLED TANK BARGES –PROPELLED TANK BARGES –CAPACITY TO RECEIVECAPACITY TO RECEIVE

• OIL RESIDUEOIL RESIDUE – – 10 METRIC TONS 10 METRIC TONS OR 1 METRIC OR 1 METRIC TON x DAILY VESSEL AVERAGE, WHICHEVER TON x DAILY VESSEL AVERAGE, WHICHEVER IS GREATERIS GREATER

• BILGE WATERBILGE WATER – – 10 METRIC TONS10 METRIC TONS OR 2 OR 2 METRIC TONS x DAILY VESSEL AVERAGE, METRIC TONS x DAILY VESSEL AVERAGE, WHICHEVER IS GREATERWHICHEVER IS GREATER

33 CFR 158 - OIL33 CFR 158 - OIL

CRITERIACRITERIA – SHIP REPAIR YARDS – – SHIP REPAIR YARDS – CAPACITY TO RECEIVECAPACITY TO RECEIVE

• BALLAST FROM BUNKER TANKS, WASH WATERBALLAST FROM BUNKER TANKS, WASH WATER AND AND RESIDUES FROM CLEANING BUNKER TANKS AND OIL RESIDUES FROM CLEANING BUNKER TANKS AND OIL RESIDUE TANKS – RESIDUE TANKS – 8% OF BUNKER CAPACITY8% OF BUNKER CAPACITY OF OF LARGEST SHIP SERVEDLARGEST SHIP SERVED

• SOLID OIL CARGO RESIDUESSOLID OIL CARGO RESIDUES – – 0.1% OF DWT0.1% OF DWT OF OF LARGEST TANKER SERVEDLARGEST TANKER SERVED

• BALLAST WATERBALLAST WATER – – 1500 METRIC TONS1500 METRIC TONS OR 4.5% OF OR 4.5% OF DWT OF LARGEST TANKER SERVEDDWT OF LARGEST TANKER SERVED

• LIQUID OIL CARGO RESIDUESLIQUID OIL CARGO RESIDUES – – 1% OF DWT1% OF DWT OF OF LARGEST CRUDE OIL TANKER SERVED, LARGEST CRUDE OIL TANKER SERVED, 0.5% OF DWT0.5% OF DWT OF LARGEST BLACK PRODUCT TANKER AND OF LARGEST BLACK PRODUCT TANKER AND 0.2% OF 0.2% OF DWTDWT OF LARGEST WHITE PRODUCT TANKER OF LARGEST WHITE PRODUCT TANKER

33 CFR 158 - NLS33 CFR 158 - NLS

A A PORT OR TERMINALPORT OR TERMINAL WHICH RECEIVES WHICH RECEIVES

OCEANGOING SHIPS CARRYING OCEANGOING SHIPS CARRYING NOXIOUS LIQUID SUBSTANCES (NLS)NOXIOUS LIQUID SUBSTANCES (NLS)

MUST HAVE AMUST HAVE A RECEPTION FACILITY RECEPTION FACILITY

33 CFR 158 - NLS33 CFR 158 - NLS

RECEPTION FACILITYRECEPTION FACILITY GENERAL GENERAL CRITERIA CRITERIA

• BE AVAILABLE AT THE PORT OR TERMINALBE AVAILABLE AT THE PORT OR TERMINAL

• HOLD NECESSARY PERMITS/LICENSESHOLD NECESSARY PERMITS/LICENSES

• BE CAPABLE OFBE CAPABLE OF

- RECEIVING NLS RESIDUES - RECEIVING NLS RESIDUES WITHIN 24WITHIN 24 HOURS HOURS OF NOTICE BY SHIP OF NOTICE BY SHIP

- COMPLETING TRANSFER OF NLS RESIDUES- COMPLETING TRANSFER OF NLS RESIDUES WITHIN WITHIN 10 HOURS10 HOURS

33 CFR 158 - NLS33 CFR 158 - NLS

RECEPTION FACILITYRECEPTION FACILITY SPECIFIC SPECIFIC CRITERIA – CRITERIA – CAPABLE OF RECEIVING EACH DAY CAPABLE OF RECEIVING EACH DAY

• FOR PORTS AND TERMINALS –FOR PORTS AND TERMINALS –- - 75 CUBIC METERS75 CUBIC METERS OF OF NLS RESIDUENLS RESIDUE FOR FOR EACH SOLIDIFYING CAT A NLS EACH SOLIDIFYING CAT A NLS - - 50 CUBIC METERS50 CUBIC METERS OF OF NLS RESIDUENLS RESIDUE FOR FOR EACH SOLIDIFYING CAT B NLS EACH SOLIDIFYING CAT B NLS

• SHIP REPAIR YARDS – SHIP REPAIR YARDS – - - 75 CUBIC METERS75 CUBIC METERS OF OF NLS RESIDUENLS RESIDUE FOR FOR EACH SOLIDIFYING CAT A NLS EACH SOLIDIFYING CAT A NLS - - 50 CUBIC METERS50 CUBIC METERS OF OF NLS RESIDUENLS RESIDUE FOR FOR EACH CAT A (NONSOLIDIFYING), CAT B, CAT C EACH CAT A (NONSOLIDIFYING), CAT B, CAT C AND CAT D NLS AND CAT D NLS

33 CFR 158 - NLS33 CFR 158 - NLS

PORTS AND TERMINALSPORTS AND TERMINALS EQUIPMENT EQUIPMENT

• BE CAPABLE OF RECEIVING BE CAPABLE OF RECEIVING CAT B OR CAT C CAT B OR CAT C NLS CARGO DURING STRIPPING NLS CARGO DURING STRIPPING OPERATIONSOPERATIONS AT A FLOW RATE OF 6 CUBIC AT A FLOW RATE OF 6 CUBIC METERS PER HOUR WITHOUT THE BACK METERS PER HOUR WITHOUT THE BACK PRESSURE AT THE SHIP’S MANIFOLD PRESSURE AT THE SHIP’S MANIFOLD EXCEEDING 14.7 POUNDS PER SQUARE INCHEXCEEDING 14.7 POUNDS PER SQUARE INCH

• AN INSTRUCTION MANUALAN INSTRUCTION MANUAL THAT LISTS THE THAT LISTS THE EQUIPMENT AND PROCEDURES TO MEET EQUIPMENT AND PROCEDURES TO MEET THE ABOVE THE ABOVE

33 CFR 158 - GARBAGE33 CFR 158 - GARBAGE

ALL ALL PORTS OR TERMINALSPORTS OR TERMINALSUNDER THE JURISDICTIONUNDER THE JURISDICTION OF THE UNITED STATES OF THE UNITED STATES

MUST HAVE AMUST HAVE A RECEPTION FACILITY RECEPTION FACILITY

33 CFR 158 - GARBAGE33 CFR 158 - GARBAGE

RECEPTION FACILITYRECEPTION FACILITY GENERAL GENERAL CRITERIACRITERIA

• HOLD NECESSARY PERMITS/LICENSESHOLD NECESSARY PERMITS/LICENSES• BE CONVENIENTLY LOCATEDBE CONVENIENTLY LOCATED• BE SITUATED SO GARBAGE CANNOT READILY BE SITUATED SO GARBAGE CANNOT READILY

ENTER THE WATERENTER THE WATER• BE ARRANGED SO IT DOES NOT INTERFERE WITH BE ARRANGED SO IT DOES NOT INTERFERE WITH

PORT OR TERMINAL OPERATIONSPORT OR TERMINAL OPERATIONS• BE CAPABLE OFBE CAPABLE OF

- RECEIVING - RECEIVING APHIS REGULATED GARBAGEAPHIS REGULATED GARBAGE WITHIN WITHIN 24 HOURS 24 HOURS OF NOTICE BY SHIP OF NOTICE BY SHIP

- - MEDICAL OR HAZARDOUS WASTESMEDICAL OR HAZARDOUS WASTES AS DEFINED AS DEFINED IN 40 CFR 261.3 (WITH EXCEPTION) IN 40 CFR 261.3 (WITH EXCEPTION)

33 CFR 158 - GARBAGE33 CFR 158 - GARBAGE

RECEPTION FACILITYRECEPTION FACILITY SPECIFIC SPECIFIC CRITERIA - CRITERIA - CAPABLE OF RECEIVING EACH DAY CAPABLE OF RECEIVING EACH DAY

FOR PORTS AND TERMINALS, FOR PORTS AND TERMINALS, ALL GARBAGEALL GARBAGE THAT THE MASTER OR PERSON WHO IS IN THAT THE MASTER OR PERSON WHO IS IN CHARGE OF THE SHIP DESIRES TO CHARGE OF THE SHIP DESIRES TO DISCHARGE EXCEPT –DISCHARGE EXCEPT –

• LARGE QUANTITIES OF SPOILED OR LARGE QUANTITIES OF SPOILED OR DAMAGED CARGOES NOT USUALLY DAMAGED CARGOES NOT USUALLY DISCHARGED BY A SHIP, ORDISCHARGED BY A SHIP, OR

• GARBAGE FROM SHIPS NOT HAVING GARBAGE FROM SHIPS NOT HAVING COMMERCIAL TRANSACTIONS WITH THAT COMMERCIAL TRANSACTIONS WITH THAT PORT OR TERMINALPORT OR TERMINAL

33CFR 15833CFR 158

REPORTING INADEQUATEREPORTING INADEQUATERECEPTION FACILITIESRECEPTION FACILITIES

ANY PERSON MAY REPORTANY PERSON MAY REPORT TO THE TO THE LOCAL COAST GUARD COTP LOCAL COAST GUARD COTP THAT THAT

RECEPTION FACILITIESRECEPTION FACILITIESARE INADEQUATEARE INADEQUATE

33 CFR 15833 CFR 158

USCG REGULATIONSUSCG REGULATIONSARE COMPREHENSIVEARE COMPREHENSIVE

PROVIDE FLEXIBILITYPROVIDE FLEXIBILITY

CLEARLY STIPULATE CRITERIACLEARLY STIPULATE CRITERIA

CONTAIN ENFORCEMENT PROVISIONSCONTAIN ENFORCEMENT PROVISIONS

ENCOURAGE FEEDBACKENCOURAGE FEEDBACK

ISSUESISSUES

• USCG HAS NO DIRECT AUTHORITY TO USCG HAS NO DIRECT AUTHORITY TO REQUIRE RECEPTION FACILITIESREQUIRE RECEPTION FACILITIES

• USCG ONLY HAS AUTHORITY TO USCG ONLY HAS AUTHORITY TO CERTIFY THEIR ADEQUACYCERTIFY THEIR ADEQUACY

• USCG USCG “WILL RELY ON MARKET “WILL RELY ON MARKET FORCES TO KEEP RECEPTION FACILITY FORCES TO KEEP RECEPTION FACILITY USAGE REASONABLE”USAGE REASONABLE”

• RECEPTON FACILITY COA REMAINS RECEPTON FACILITY COA REMAINS VALID UNTIL SUSPENDED OR REVOKEDVALID UNTIL SUSPENDED OR REVOKED

ISSUESISSUES

LATE 1980’s AND 1990’s USCG RECEIVES LATE 1980’s AND 1990’s USCG RECEIVES SPORADIC REPORTS OF “INADEQUATE SPORADIC REPORTS OF “INADEQUATE RECEPTION FACILITIES” THROUGH RECEPTION FACILITIES” THROUGH REPORTS SUBMITTED TO IMOREPORTS SUBMITTED TO IMO

MAIN COMPLAINTSMAIN COMPLAINTS• TOO EXPENSIVETOO EXPENSIVE• UNDUE DELAYUNDUE DELAY

FOR ABOUT 20 YEARS USCG GIVES FOR ABOUT 20 YEARS USCG GIVES REPORTS OF INADEQUATE RECEPTION REPORTS OF INADEQUATE RECEPTION FACILITIES LOW PRIORITYFACILITIES LOW PRIORITY

ISSUESISSUES

IN THE 2000’s TWO MAJOR ISSUES IN THE 2000’s TWO MAJOR ISSUES SIGNIFICANTLY ALTERED THE SIGNIFICANTLY ALTERED THE PLAYING FIELD –PLAYING FIELD –

• US DEPARTMENT OF JUSTICE US DEPARTMENT OF JUSTICE CRIMINAL PROSECUTION OF SHIP CRIMINAL PROSECUTION OF SHIP POLLUTION INCIDENTSPOLLUTION INCIDENTS

• MARITIME SECURITY REGULATIONS MARITIME SECURITY REGULATIONS

ISSUESISSUES

INTERTANKOINTERTANKO

AND OTHERS BEGIN A MOREAND OTHERS BEGIN A MORE

FOCUSED CAMPAIGN TO BRINGFOCUSED CAMPAIGN TO BRING

THE PROBLEMS WITH THE THE PROBLEMS WITH THE AVAILABILITY OF RECEPTION AVAILABILITY OF RECEPTION

FACILITIES IN US PORTSFACILITIES IN US PORTS

TO THE ATTENTION OF THE USCGTO THE ATTENTION OF THE USCG

ISSUESISSUES

MAIN PROBLEMSMAIN PROBLEMS INCLUDE – INCLUDE –

• CERTIFIED RECEPTION FACILITIES CERTIFIED RECEPTION FACILITIES UNWILLING TO RECEIVE WASTES UNWILLING TO RECEIVE WASTES (DISCHARGES PROHIBITTED)(DISCHARGES PROHIBITTED)

• SEVERE RESTRICTIONSSEVERE RESTRICTIONS ON WHEN, ON WHEN, WHERE OR HOW THEY WOULD WHERE OR HOW THEY WOULD RECEIVE WASTES (UNDUE DELAY)RECEIVE WASTES (UNDUE DELAY)

• INADEQUATE CAPACITYINADEQUATE CAPACITY• EXCESSIVE COSTSEXCESSIVE COSTS• TECHNICAL DIFFICULTIESTECHNICAL DIFFICULTIES

SOLUTIONSSOLUTIONS

UNDER THE LEADERSHIP OF UNDER THE LEADERSHIP OF RADM RADM CRAIG BONECRAIG BONE (ASSISTANT COMDT FOR (ASSISTANT COMDT FOR PREVENTION IN DC) USCG RESPONDS –PREVENTION IN DC) USCG RESPONDS –

• FIELD COTPS DIRECTED TO:FIELD COTPS DIRECTED TO:- ENSURE COMPLIANCE WITH COA- ENSURE COMPLIANCE WITH COA DURING FACILITY EXAMS DURING FACILITY EXAMS- EXAMINE DECLARATIONS OF - EXAMINE DECLARATIONS OF INSPECTION INSPECTION- EXAMINE WASTE STREAM LOGS- EXAMINE WASTE STREAM LOGS (REQUIRED UNDER RCRA) (REQUIRED UNDER RCRA)

SOLUTIONSSOLUTIONS

• CERTIFED RECEPTION FACILITY CERTIFED RECEPTION FACILITY INFORMATION PUT ON INTERNET: INFORMATION PUT ON INTERNET: http://cgmix.uscg.mil/marpol

• RE-ISSUING COAs WITH 5 YEAR RE-ISSUING COAs WITH 5 YEAR VALIDITY PERIOD AFTER EXAMVALIDITY PERIOD AFTER EXAM

• UNDER INTERTANKO/USCG UNDER INTERTANKO/USCG PARTNERSHIPPARTNERSHIP, DEVELOP STANDARD , DEVELOP STANDARD FORMAT FOR REPORTING FORMAT FOR REPORTING INADEQUATE RECEPTION FACILITIESINADEQUATE RECEPTION FACILITIES

SOLUTIONSSOLUTIONS

MARTINEZMARTINEZ RICHMOND RICHMOND

PACIFIC ATLANTIC TERMINALPACIFIC ATLANTIC TERMINAL BAY MARINE BOATWORKSBAY MARINE BOATWORKS

SHELL OIL REFINERYSHELL OIL REFINERY BP LUBRICANTSBP LUBRICANTS

TESORO REFINING (AMORCO)TESORO REFINING (AMORCO) CALIFORNIA OILSCALIFORNIA OILS

TESORO REFINING (AVON)TESORO REFINING (AVON) CHEVRON LONG WHARFCHEVRON LONG WHARF

BENICIABENICIA CONOCOPHILLIPSCONOCOPHILLIPS

BENECIA PORT TERMINALBENECIA PORT TERMINAL IMTTIMTT

VALERO REFININGVALERO REFINING LEVIN TERMINALLEVIN TERMINAL

PITTSBURGPITTSBURG NATIONAL GYPSUMNATIONAL GYPSUM

DOW CHEMICALDOW CHEMICAL PACIFIC ATLANTIC TERMINALPACIFIC ATLANTIC TERMINAL

KOCH CARBONKOCH CARBON SSA TERMINALSSA TERMINAL

VALERO REFININGVALERO REFINING TRANSLOGIX LLCTRANSLOGIX LLC

USS POSCO (?)USS POSCO (?)

SOLUTIONSSOLUTIONS

REPORTING INADEQUATE RECEPTION REPORTING INADEQUATE RECEPTION FACILITIES FACILITIES

• USCG USCG STRONGLY RECOMMENDSSTRONGLY RECOMMENDS THAT THAT AN INADEQUATE RECEPTION FACILITY AN INADEQUATE RECEPTION FACILITY SHOULD BE REPORTED IMMEDIATELY SHOULD BE REPORTED IMMEDIATELY TO LOCAL COTP (33 CFR 158.167) TO TO LOCAL COTP (33 CFR 158.167) TO CONDUCT AN INVESTIGATION ASAPCONDUCT AN INVESTIGATION ASAP

• IF NOT POSSIBLE OR PREFERRED, IF NOT POSSIBLE OR PREFERRED, USE USE INTERTANKO FORMAT INTERTANKO FORMAT FOR SUBMITTAL FOR SUBMITTAL TO USCG HEADQUARTERSTO USCG HEADQUARTERS

SOLUTIONSSOLUTIONS

RECOMMENDED PROCESS –RECOMMENDED PROCESS –

• CHECK USCG WEB SITE TO DETERMINE IF CHECK USCG WEB SITE TO DETERMINE IF FACILITY HAS COAFACILITY HAS COA

• CONTACT FACILITY TO DISCUSS DISCHARGE CONTACT FACILITY TO DISCUSS DISCHARGE OF WASTESOF WASTES

• IF PROBLEM ARISES, CONTACT COTPIF PROBLEM ARISES, CONTACT COTP• IF PREFERRED, SUBMIT COMPLETED FORM IF PREFERRED, SUBMIT COMPLETED FORM

TO INTERTANKOTO INTERTANKO• FORM IS SUBMITTED TO USCG HDQTSFORM IS SUBMITTED TO USCG HDQTS• REVIEWED AND, IF APPROPRIATE, REVIEWED AND, IF APPROPRIATE,

FORWARDED TO FIELD OFFICE FOR FORWARDED TO FIELD OFFICE FOR INVESTIGATIONINVESTIGATION

SOLUTIONSSOLUTIONS

RESULTS THUS FAR –RESULTS THUS FAR –

• 12 CASES OF REPORTED 12 CASES OF REPORTED INADEQUATE INADEQUATE RECEPTION FACILITIESRECEPTION FACILITIES

• 8 CASES PROVIDED SUFFICIENT 8 CASES PROVIDED SUFFICIENT INFORMATION FOR USCG TO CONDUCT INFORMATION FOR USCG TO CONDUCT FOLLOW-UP INVESTIGATIONFOLLOW-UP INVESTIGATION

• 2 INVESTIGATIONS2 INVESTIGATIONS RESULTED IN USCG RESULTED IN USCG TAKING ADMINISTRATIVE ACTION IN TAKING ADMINISTRATIVE ACTION IN THE FORM OF A THE FORM OF A LETTER OF WARNINGLETTER OF WARNING

CONCLUSIONSCONCLUSIONS

• USCG REGS ARE COMPREHENSIVEUSCG REGS ARE COMPREHENSIVE

• USCG ENFORCEMENT WAS LAX, BUT USCG ENFORCEMENT WAS LAX, BUT THAT HAS CHANGEDTHAT HAS CHANGED

• MANY TANKER OPERATORS ARE MANY TANKER OPERATORS ARE RELUCTANT TO REPORT ON RELUCTANT TO REPORT ON CHARTERER TERMINALSCHARTERER TERMINALS

• INTERTANKO FORMAT PROVIDES INTERTANKO FORMAT PROVIDES VEHICLE TO REPORTVEHICLE TO REPORT

• REPORTING CAN MAKE A DIFFERENCE REPORTING CAN MAKE A DIFFERENCE

CONCLUSIONSCONCLUSIONS

ADEQUACY OFADEQUACY OF

RECEPTION FACILITIESRECEPTION FACILITIES

IN THE UNITED STATESIN THE UNITED STATES

IS NOT A FALLACYIS NOT A FALLACY

BUT IT ISBUT IT IS

NOT YET A FACTNOT YET A FACT

IN ALL US PORTSIN ALL US PORTS