us masters guide_2012

Revision 0

MASTER’S GUIDE TO

COMPLIANCE IN US WATERS

24-Hour Emergency Assistance +1 985 781 0804

2012

!!! WARNING !!!

This is a practical guide for Masters to assist in compliance with US laws and regulations. It is not an “official” document and is not required for compliance. It is intended to provide useful direction for Masters. It does not replace any document required by law or regulation. It does not replace direction provided by the ship’s owner/manager/operator. This guide may be modified as required to be in harmony with policies of the owner/manager/operator. Questions about this guide should be directed to O’Brien’s Response Management Inc. at [email protected]

Master’s Guide to Compliance In US Waters 2012

© O’Brien’s Response Management Inc. 2

TABLE OF CONTENTS

INTRODUCTION ............................................................................................................ 3 EMERGENCY RESPONSE ............................................................................................ 4 COMMUNICATING WITH O’BRIEN’S ............................................................................ 6 COMPLIANCE ................................................................................................................ 8 ON BOARD DRILLS AND EXERCISES ....................................................................... 11 TESTS BEFORE ENTERING OR GETTING UNDERWAY IN US WATERS ............... 13 NOTICE OF ARRIVAL/DEPARTURE ........................................................................... 13 AVERAGE MOST PROBABLE DISCHARGE (AMPD) COVERAGE ............................ 15 CALIFORNIA INCREASED ON-WATER RESPONSE REQUIREMENTS AND SHORELINE PROTECTION COVERAGE .................................................................... 16 CALIFORNIA EMISSION REDUCTION REGULATIONS ............................................. 18 EPA NPDES VESSEL GENERAL PERMIT (VGP) COMPLIANCE .............................. 19 SUGGESTIONS / COMMENTS / CLARIFICATIONS ................................................... 21



INTRODUCTION The Master of any vessel making a call to the United States faces a number of regulatory issues that are specific to the US. Your vessel is enrolled with O’Brien’s Response Management Inc. (O’Brien’s) to ensure compliance with a number of US federal and state regulations. This guide is intended to help the Master effectively and efficiently face these issues. Use of the directions in the guide will allow O’Brien’s to better serve you. Information designed to save you time and effort is present in red italics



Explosion 11.

Fire 12.

Machinery / Equipment malfunctions – steering, auxiliaries, fire pump, life boat, radar, radio, compass, cargo handling gear, etc.

10.

Hazardous vapor release9.

Wrecked and stranded8.

Grounding or stranding – even the slightest touch of the bottom 1.

Collision and allision – including a hard bump by a tug or a hard landing at a dock

2.

Containment system failure6.

Submerged and foundered7.

Spill on deck – any quantity that is enough for the oil to flow toward the rail

3.

Hull failure 4.

Excessive list 5.

The USCG must be notified if there is a discharge of oil onto the water or if there is a “substantial threat” of a discharge into the water. Under USCG interpretation, many things are considered a “substantial threat” including:

It is well established that the Qualified Individual may make the required notifications on behalf of the Master. So, essentially you should contact O’Brien’s if you are in doubt and we’ll help determine whether the USCG and other agencies should be notified. Our contract with you requires us to ensure compliance with all laws and regulations. Please allow us to do this for you.

US law says that a “person in charge of a vessel” must notify the USCG if any of these situations exist. This “person in charge” can be the Master, the owner/operator, the DPA, the QI or another person who your company policy says is “in charge” of your ship. The regulations say that this person must make the notifications as soon as possible.

Notification

EMERGENCY RESPONSE



Upon discovery of one of the above situations you should proceed as follows:

See to the immediate safety of the crew and vessel1.

Make an initial assessment of the situation Do not delay notification while trying to determine cause, fault or blame. This will be determined by a later investigation

2.

Call the QI at +1 985 781 08043.

Contact the owner/manager/operator – keep this conversation brief since the QI will be trying to contact you in the next 10 – 15 minutes

4.

Wait for a return call from the QI – after you have received the return call from the QI you will have time to communicate with others

5.

When the USCG and/or other authorities arrive, inform them that you have notified the QI and the QI is responding to the situation

6.

Masters Actions

Exact location – such as latitude and longitude if anchored or underway; port, slip and berth designation if in port

Any other information or concerns you have

In order to provide the help you need, the QI will ask you for some important information. This includes:

Vessel Name

Your Name

Telephone number, fax, email or other means of communication

P&I Club membership

Time and date of incident

Damage to the ship

Estimated Quantity – we know this is difficult – we are looking for your best estimate. It is important for us to know if this is a “very small” spill, a “very large” spill, or something in between.

Brief description of situation

Type of oil spilled – try to be as specific as possible, but knowing if it is clear or black is enough for the QI to get started

Death / Injuries to the crew

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

12.

11.

What the QI needs to know



Emergency calls should go to our Command Center at our 24-hour number: + 1 985 781 0804

Telephone

All other calls should be directed to the O’Brien’s Vessel Services Office: +1 609 275 9600. Our normal office hours are 0800 – 1700 US East Coast time. After hours all calls are automatically forwarded to our Command Center where you will get assistance.

O’Brien’s has established a list of email addresses to ensure effective and efficient assistance to you. Each address has a specific purpose. Use of the proper address will ensure a quick response from O’Brien’s. If possible, do NOT mix several requests of different types in the same email as this may delay proper action on your request. Please use the primary email addresses below when communicating with O’Brien’s. Additional emails are identified on the next page.

Email

[email protected] Canadian coverage requests or questions

[email protected]

Follow up information relating to an oil spill or other emergency – Do not use this address for routine communications – it is reserved for emergencies only

[email protected] Questions you don’t know where else to send

[email protected] Panama Canal SOPEP

[email protected]

All general correspondence regarding plans (Except Panama Canal SOPEP)

Email Address Purpose

COMMUNICATING WITH O’BRIEN’S



[email protected]

Additional Email Addresses

[email protected]

[email protected]

[email protected]

[email protected]

Notice of arrival and departure for US and Canada – Use this address for other emails to O’Brien’s relating to the position, loading status, SOF and other such documents

Purpose

California Shoreline Protection coverage requests or questions

Certificate of Financial Responsibility

O’Brien’s public relations and news media services

[email protected]

[email protected]

[email protected]

[email protected]

[email protected]

To include in copy when communicating with Salvage and Marine Firefighting resource providers

Conducting a Qualified Individual Notification Exercise by email (NOT for confirmation of voice QI Notification Exercise) The USCG strongly recommends that the QI Notification Exercise be conducted by voice

To request vessel technical assistance and schedule vessel attendance prior to a potential compliance inspection/exam

EPA Vessel General Permit eNOI submission requests

EPA One Time Report submission requests

AMPD coverage requests or questions



COMPLIANCE

Salvage and Marine Firefighting (SMFF) Pre Fire Plan, Pre Fire Certificate, Contract and Funding Agreement

*Certificate of Financial Responsibility (COFR) issued by USCG

The following documents are required in the US in addition to the normal international documents:

USCG Approval Letter for the VRP3.

Vessel Response Plan for Tank Ships (T VRP) – hard copy 2.

TANK VESSEL

EPA Vessel General Permit Notice of Intent (NOI) and Certificate of Coverage

4.

5.

NONTANK VESSEL

Required Documents

1.

All of these “plans” are required for compliance with laws and regulations. There is little information in the required plan that is useful for the Master. Keep the plans updated as required and available for boardings by the authorities and vetting inspectors. [If you know the O’Brien’s emergency telephone number and your owner/manager/operators telephone number, that’s all you need in a real emergency.]

Certificate of Financial Responsibility (COFR) issued by USCG 1.

Vessel Response Plan for Non-Tank Ships (NTVRP) – hard copy 2.

*The USCG no longer issues a hard copy COFR. COFR validity can be verified on the USCG National Pollution Funds Center (NPFC) website: https://npfc.uscg.mil/COFR/default.aspx

Most USCG VRP are NOT approved for Alaska, Guam, American Samoa or Pago Pago. If you will operate in or transiting one of these areas when bound for or departing from a port or place in the U.S., ensure that your vessel has the required VRP or NTVRP approved. Approval will be listed in the Vessel Specific Appendix. If the ship is not covered, or you have questions, contact O’Brien’s immediately.

EPA Vessel General Permit Notice of Intent (NOI) and Certificate of Coverage

4.

USCG Interim Operating Authorization (IOA) Letter; OR

USCG electronic receipt of the NT VRP Submission to USCG Headquarters for review and approval

3.



State of Alaska – In addition to the federal documents, if calling an Alaska port you must have an Alaska COFR and an Alaska Oil Discharge Prevention and Contingency Plan (ODPCP).

Tank vessels usually receive the necessary coverage from the charterer (i.e. terminal).

1.

Nontank vessels must apply for the COFR and ODPCP prior to entering Alaska waters.

2.

State of Hawaii – In addition to the federal documents, TANK vessels calling Hawaii must have:

Obtain OSRO coverage for dispersant services from Clean Islands Council. Documentation of coverage must be on board the vessel to be made available to local USCG officials upon request.

1.

Contact Ms. Kyle Jacobi at [email protected] to obtain Clean Islands Council services

State of Michigan – In addition to the federal documents, if calling a port in Michigan you must have:

General Permit for Ballast Water Discharge – It is required that the application for this permit be submitted at least 30 days prior to arrival in Minnesota waters.

1.

Michigan does not allow the discharge of ballast water unless it is first treated by an approved ballast water treatment system.

The port of Red Dog is outside Alaska waters so an Alaska COFR and Alaska ODPCP are NOT required.

State of California – In addition to the federal documents, if calling a California port you must have:

Certificate of Financial Responsibility (COFR) issued by California 1.

Vessel Contingency Plan (VCP) – either Tank or Nontank vessel 2.

Plan Approval Letter – must be in the front of the binder with the VCP3.

California Emergency Notification Checklist Placard4.



State of Oregon – In addition to the federal documents, if a commercial vessel is calling a port in Oregon you must have:

Field Guide – This document is provided by the Marine Fire and Safety Association (MFSA) for ports on the Columbia and Willamette Rivers or the Coos Bay Response Corporation in Coos Bay.

1.

These arrangements are routinely handled by your local agent.

Notification Placard – Should be displayed on board 2.

State of Wisconsin – In addition to the federal documents, if calling a port in Wisconsin you must have:

Ballast Water Discharge General Permit – To obtain permit authorization it is required to submit a copy of the EPA Vessel General Permit NOI no later than July 31, 2010 or at least 30 days prior to discharging in Wisconsin waters.

1.

Wisconsin does not allow the discharge of ballast water containing seawater without it being significantly diluted.

State of Minnesota – In addition to the federal documents, if calling a port in Minnesota you must have:

General Permit for Ballast Water Discharge – It is required that the application for this permit be submitted at least 30 days prior to arrival in Minnesota waters.

1.

Minnesota does not allow the discharge of ballast water unless it is first treated by an approved ballast water treatment system.

State of Washington – In addition to the federal documents, if a commercial vessel is calling a port in Washington you must have:

Field Guide – This document is provided by the Washington State Maritime Cooperative (WSMC) for vessels entering Puget Sound ports and the Marine Fire and Safety Association for vessels call Washington ports on the Columbia River.

1.

These arrangements are routinely handled by your local agent



This exercise must be conducted at least once each quarter. The intent is that the Master knows how to contact the Qualified Individual (QI). If you have a real emergency, you must contact us by voice.

The Command Center will ask you a couple questions and will make a record of your call.

Call the 24-hour emergency number +1 985 781 0804

State you are conducting a “Qualified Individual Notification Exercise.”

1.

2

3.

O’Brien’s will not acknowledge receipt of exercise documentation for an exercise conducted by voice. When conducting the QI Notification Exercises by voice, no other documentation via email or fax is necessary or desirable.

It is permissible to do this exercise by email or fax, but we recommend making voice contact. Exercise initiated by email or fax will not be considered complete until you have received a return email or fax acknowledgement from the QI. The USCG strongly recommends that this exercise be conducted by voice.

It is also not required or desired that you notify O’Brien’s in advance of conducting either the QI Exercise or Emergency Procedure Drills.

Regulations require official records of these exercises be kept on board the ship. This is best done by making an entry in the Ship’s Log:

A log entry that you successfully contacted the QI by voice is sufficient for regulatory purposes.

It is not required to record the name of the person you spoke with and that person does not have to be one of the QIs listed in the VRP/NTVRP as long as they identify themselves as a representative of O’Brien’s.

1.

2.

Documentation

Qualified Individual Notification Exercises

These drills are to be conducted once a quarter. This is the same exercises you are doing for the safety management system. But, once each year, the exercise should include a response to an oil spill on deck.

Emergency Procedure Drills

ON BOARD DRILLS AND EXERCISES



The states of Alaska, Washington, Oregon and California may board your vessel and request that you conduct an unannounced drill. These drills are usually in the form of notification exercises. Do not delay, time is of the essence. Immediately notify the QI at + 1 985 781 0804.

Agency Conducted Unannounced Drills

The Panama Canal SOPEP gives direction. This is a different exercise. Contacting the Qualified Individual does not meet the requirements of the Panama Canal SOPEP. If you have a Panama Canal SOPEP, you must conduct an Authorized Person Notification Exercise twice each year.

AP Exercise

Tell the QI that you are involved in an unannounced drill and that you have state authorities on board. We must follow special procedures on our side to successfully comply with the unannounced drill requirements. You must tell us this exercise is being required by state authorities. Otherwise, we may mistake it for a normal QI Notification Exercise. This will undoubtedly lead to a failure of the drill and a possible penalty for the ship.



The USCG requires that the following equipment must be tested no more than 12 hours before entering the US Territorial Sea (12 miles) or before each time a vessel gets underway in US waters:

Primary and secondary steering gear test procedure includes: a. Visual inspection of the steering gear and its connecting linkage. b. Where applicable, the operation of the following:

i. Each remote steering gear control system. ii. Each steering position located on the navigating bridge. iii. The main steering gear from the alternative power supply, if

installed. iv. The main steering gear from the alternative power supply, if

installed. v. Each remote steering gear control system power failure alarm. vi. Each remote steering gear power unit failure alarm. vii. The full movement of the rudder to the required capabilities of

the steering gear.

1.

Standby or emergency generator3.

Main propulsion machinery, ahead and astern5.

Storage batteries for emergency lighting and power systems in vessel control and propulsion machinery spaces

4.

All internal vessel control communications and vessel control alarms.2.

No vessel may enter, or be operated on, the Territorial Sea of the United States unless the emergency steering drill described below has been conducted prior to departure and 48 hours prior to entry and logged in the vessel logbook, unless the drill is conducted and logged on a regular basis at least once every three months. This drill must include at a minimum the following:

Operation of the means of communications between the navigating bridge and the steering compartment

2.

Operation of the alternative power supply for the steering gear if the vessel is so equipped

3.

Operation of the main steering gear from within the steering gear compartment

1.

These tests do NOT need to be reported to the USCG or O’Brien’s. The completion of these tests should be recorded in the Ship’s Log.

TESTS BEFORE ENTERING OR GETTING UNDERWAY IN US WATERS



NOTICE OF ARRIVAL/DEPARTURE

Do NOT send O’Brien’s reports such as noon reports, position reports, berthing, bunkering, cargo loading/discharging reports, stowage plans, entering EEZ, other (24, 48 or 72) hour notice of arrival, status reports, discharge reports, etc. O’Brien’s will NOT acknowledge receipt of any such reports. Do not list O’Brien’s as your “Point of Contact” in the NOA/D. This should be a local agent or another person/organization who is arranging the details of your call to the US. O’Brien’s will NOT acknowledge receipt of the NOA/D.

Address requests for assistance or information to one of the email address provided above. Do not include any requests for assistance from O’Brien’s in the NOA/D.

Additional information regarding the submission of the eNOA/D can be found at the USCG National Vessel Movement Center (NVMC) website: http://www.nvmc.uscg.gov/NVMC/default.aspx

Notice of Arrival/Departure must be filed with the USCG and is usually accomplished with the Electronic Notice of Arrival/Departure (eNOA/D). This document must be filed according to USCG requirements or your vessel may be delayed entering port.

Your eNOA/D should be sent to the USCG National Vessel Movement Center at the following address: [email protected]

If you would like O'Brien's to receive a copy of your NOA/D, you may forward a copy to us at: [email protected]. However, we do NOT require that you send us a copy: a. We only store your NOA/D as a record of your voyage. b. It will NOT be read except when there is an emergency and we

need information contained in the NOA/D. c. Do NOT include any requests for assistance from O’Brien’s in the

NOA/D.

1.

2



AVERAGE MOST PROBABLE DISCHARGE (AMPD) COVERAGE Contact O’Brien’s at [email protected] if you are not sure if AMPD coverage is necessary or for assistance in arranging coverage.

AMPD coverage applies ONLY to TANK vessels when they are transferring cargo. AMPD coverage is NOT required for BUNKERING.

Vessels conducting cargo operations at a terminal facility are afforded AMPD coverage through the terminal's AMPD service provider. The only known exception is the offshore mooring at Barbers Point, Hawaii.

The response activities in the Gulf of Mexico have caused OSRO equipment to be relocated from time to time:

Therefore, we recommend your OSRO be notified of all lightering operations.

Please contact your contracted OSRO provider listed below for specific information on AMPD charges and to arrange coverage or submit an electronic coverage request that will be forwarded directly to the appropriate service provider.

1.

2

Marine Spill Response Corp. (MSRC)

National Response Corporation (NRC)

455 Spring Park Place, Suite 200 Herndon, VA 20170 USA Tel: +1 800 645 7745 (24 Hrs) +1 732 417 0175 Fax: +1 732 417 0097 Email: [email protected]

3500 Sunrise Highway, Suite T103 Great River, NY 11739, USA Tel: +1 631 224 9141 (24 Hrs) +1 800 899 4672 Fax: +1 631 224 9086 Email: [email protected]

AMPD coverage requests in the Delaware Bay will be forwarded to Delaware Bay River Cooperative (DBRC) unless otherwise directed.

We have recently automated our AMPD request process to minimize delays in communication, notification and confirmation of coverage. You or your designated company representative can use our online AMPD coverage request form to submit your request directly to your OSRO service provider. Use the link: https://www.piersystem.com/go/doc/2783/1211855/



The state of California adopted increased on-water response planning requirements effective October 1, 2009. The state of California also identified specific areas of California that require special shoreline protection when ships are transiting both in and out of port. Coverage can be arranged by your local agent, your office or by contacting your OSRO directly. We’ve updated our website to process requests for coverage to minimize delays in communication, notification and confirmation of coverage. Select the following web link: https://www.piersystem.com/go/doc/2783/1211855/

The OSRO must be notified at least 24 hours in advance so that the required resources can be arraigned. There may be significant costs associated with coverage.

1.

Plan holders are required to obtain additional OSRO coverage as follows:

Vessels that call Port Hueneme2.

Vessels transiting the southbound traffic lane in the Santa Barbara Channel

3.

Vessels that transit the area south of the San Mateo Bridge while en route to Redwood City in southern San Francisco Bay

4.

There are no requirements for shoreline protection for the ports of Sacramento and Stockton. Increased response planning requirements are already met by the existing contracted OSRO service providers for all other areas in California.

CALIFORNIA INCREASED ON-WATER RESPONSE REQUIREMENTS AND SHORELINE PROTECTION COVERAGE

Questions regarding coverage should be addressed to: [email protected].



TANK VESSEL

OSRO

MSRC

NRC

Port

San Francisco

LA/LB

All Others

San Francisco

LA/LB

All Others

Required

None

24 Hour Notification

None


NONTANK VESSEL

OSRO

MSRC & NRC

MSRC

NRC

Port

San Francisco

LA/LB

San Diego

Humboldt Bay

All Others

San Francisco

LA/LB

All Others

San Francisco

LA/LB

All Others

Required

None


None


None




The State of California Air Resources Board (CARB) has been active in their efforts to implement regulations to reduce air emissions in California. The latest amendments became effective December 1, 2011. More information is available in our Regulatory Update and on our website.

a. Any person who owns, operates, charters, rents or leases ocean-going vessels (both US and foreign-flagged) in any of the “Regulated California Waters” must comply with these regulations

b. All ocean-going vessels visiting California Ports c. All ocean-going vessels operating within California Waters d. All ocean-going vessels operating within 24 nm of the California

Baseline e. Does not apply when on innocent passage through California Waters

or within 24 nm of the California Baseline.

Applicability

1. No change from the existing requirements. 2. Marine gas oil sulfur limit reduced from 1.5% to 1%. No change in marine diesel oil limit. 3. Implementation delayed from 2012 to 2014.

Fuel Requirement

Phase I

Effective Date

July 1, 20091

Phase I July 1, 20143

August 1, 20122

Fuel

Marine gas oil (DMA) at or below 1.5% sulfur; or Marine diesel oil (DMB) at or below 0.5% sulfur

Marine gas oil (DMA) or Marine diesel oil (DMB) at or below 0.1% sulfur

Marine gas oil (DMA) at or below 1.0% sulfur; or Marine diesel oil (DMB) at or 0.5% sulfur

Vessel owners/operators are required to use the marine distillate fuels shown in below:

California Air Resources Board

CALIFORNIA EMISSION REDUCTION REGULATIONS



The USCG requires each vessel to maintain a ballast water management plan that has been developed specifically for the vessel that will allow those responsible for the plan's implementation to understand and follow the vessel's ballast water management strategy. Ballast Water Reporting:

At least 24 hours before arrival at the port or place of destination, or before departing the port or place of departure if voyage is less than 24 hours, submit the Ballast Water Reporting Form to the National Ballast Information Clearinghouse (NBIC) by one of the following methods: a. Online via the following web link:

http://invasions.si.edu/cgi/bwform, b. via e-mail at the following address [email protected], or c. If necessary, you can fax to +1 301 261 431

Additional information regarding this topic can be found at the National Ballast Information Clearinghouse (NBIC) website: http://invasions.si.edu/nbic/

The ballast water management plan is not required to be approved by any authority.

Do NOT send ballast water management reports to O’Brien’s. We will not acknowledge receipt of any such reports.

2.

1.

Applicable vessels have been authorized to discharge in accordance with the VGP since February 6, 2009 and must have a “Compliance Program/Policies” in place to ensure compliance with the VGP requirements that include the implementation, monitoring and documentation of best management practices for the 26 discharges covered by the permit that are applicable for each

It is recommended that you contact your vessel’s owner/operator for further guidance regarding the company policy implemented to meet compliance with the VGP requirements.

BALLAST WATER MANAGEMENT AND REPORTING

EPA NPDES VESSEL GENERAL PERMIT (VGP) COMPLIANCE



The NOI confirmation documentation includes a CERTIFICATE OF COVERAGE and official copy of the COMPLETED NOI FORM, both auto-generated by the EPA. Copies of these two documents must be maintained on board the vessel and made available upon request for inspection.

The purpose of the NOI is for the vessel owner/operator to certify a vessel has implemented sufficient policies to ensure compliance with the VGP inspection, monitoring and documentation requirements.

Only vessels that operate/call US waters (0-3 miles) are required to comply with the VGP and submit a NOI.

1.

Vessels that did not submit a NOI prior to September 19, 2009 and meet the criteria to do so must submit an NOI at least 30 days prior to operating in US waters (0-3 miles).

2.

The EPA and USCG have entered into an agreement to commence VGP compliance verification and enforcement effective March 13, 2011. It has been incorporated into a routine part of a Port State Control Exam.

Notices of Intent (NOI)



www.obriensrm.com

24-Hour Emergency Assistance: +1 985 781 0804

This document is intended to be a helpful guide for Masters. Please help us make it more useful for you. If you should have any questions, comments or concerns please contact us at: [email protected] or via the following website http://www.obriensrm.com/go/doc/2783/1104031

Contact Vessel Services

SUGGESTIONS / COMMENTS / CLARIFICATIONS

us masters guide_2012

Documents

masters guide

us laws

practical guide

number of us federal

masters actions

water response requirements

state regulations

uscg andor