2010 2nd International Conference on Chemical, Biological and Environmental Engineering (ICBEE 2010)

A Proposal for Cascaded The VRP With NPDESs-VGP And ISO 14001:2004 Requirements for Maritime Applications

Zuhal Er Istanbul Technical University, Faculty of Science, Physics Department, Maslak

Istanbul, Turkey e-mail: zuhaler@yahoo.com.tr

Abstract-The maritime transportation's impact on pollution particularly ships' potential risks are continuing to endanger the cleaner oceans and coastal districts. Therefore the new regulations and several new sanctions come into force by the developed countries to mitigate them and to provide a better future for the young generations. US NPDES VGP is the latest bunch of rules aiming robust regime to prevent pollution caused by incidentally pertaining with the normal operation of vessels.

This study aims to integrate existing international maritime rules and regulations that have been already promulgated by the IMO with the ISO 14001:2004 requirements while embedding the US NPDES VGP obligations to afford a more regulated environmental frame work for shipping in order to prevent air and sea pollution.

Keywords-component; Environmental assessment; VGP; ISO 14001:2004

I. INTRODUCTION

The generic environmental management standard so called as ISO 14001:2004 provides definitions like the environmental significant aspects, impacts in the frame work of scrutinizing the probable environmental threats and their likelihood consequences based on a simpler evaluation technique to be able to depict the environmental targets and the environmental objectives of an enterprise or an institution. Commonly the sorted out results were postulated by registrars as an axiomatic without solely hammering out or pinpointing whether they are adequate and fastidiously established incepting from the most significant ones to less important ones. Thereby Vessel General Permit (VGP) under the National Pollutant Discharge Elimination System (NPDES), which was provided by the U.S. Environmental Protection Agency (EPA) tailoring convenient model to ships which aims to regulate and control the discharges of pollutants incidental to their normal operation and emergency preparedness with its response methods in the event of marine casualty or incident, respectively. Though VGP is compulsory and applicable only for US territory, its main context could be one of the appropriate models for ship operators while establishing significant environmental aspects and impacts and finally summing up them with environmental targets and objectives.

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II. ISO 14001, ENVIRONMENTAL MANAGEMENT

STANDARD (EMS)

The revised international standards on Environmental Management Systems was released on November 15, 2004 which have specification with guidance for use (ISO 14001:2004) and EMS general guidelines on principles, systems and supporting techniques (ISO 14004:2004). The current version of ISO 14001 consists twenty one clauses, or requirements, in four categories [1, 2, 3].

Due to its nature, the existing generic EMS requirements aim to reach all types of organizations to introduce and apply its requirements in general outcomes of the system. Therefore these requirements are defining a wide variety of application fields in general terms rather than the identifying needs of particular industry or an organization. In these premises the prescriptive way of identifying environmental aspects and impacts of an organization could be misinterpreted by the organization or by the registrars who could inherently oversight some several important issues during the audit process, if they were not professionally involved in a specific industry or branch, particularly in emerging countries. Then it might cause a blemishing or tarnishing approach from society when the EMS standard is going to be discussed in the long-run whether it has achieved its purpose, goals or not. Nonetheless the discussing the efficacy of EMS certificates, this study aims to fill probable operational gaps of EMS in shipping companies while integrating solely the international rules and regulations of shipping industry with their best management practices. Thereby the EMS approach could be bolstered in shipping business to sustain cleaner shipping service production and more environmental friendly ships.

III. OVERVIEW OF INTERNATIONAL MARITIME

ENVIRONMENTAL RULES AND REGULATIONS

International Maritime Organization (lMO) is the specialized agency of United Nations concentrates on the development of rules and regulations in shipping business aiming to assure safety, security and prevention of pollution by ships. Therefore the rules and regulations are becoming mandatory on a worldwide basis by the involvement of 169 member governments and 3 associate member states [4]. There are two specific entitlement exists for pollution prevention and efficient shipping on clean oceans motto regulated by the IMO. These are the International Convention for the Prevention of Pollution from Ships

2010 2nd International Conference on Chemical, Biological and Environmental Engineering (ICBEE 2010)

(MARPOL) Convention and the International Management Code for the Safe Operation of Ships and for Pollution Prevention ISM Code.

MARPOL Convention covers all the technical aspects of probable pollution causes (both operational and accidental causes) form ships, except the disposal of waste into the sea by dumping and applies to ships of all types, although it does not apply to pollution arising out of the exploration and exploitation of sea-bed mineral resources. The convention encapsulates six annexes that contain regulations for the prevention of various forms of pollution [5].

While the MARPOL Convention and its annexes focuses and outlines the probable types of pollution from ships and their pertaining measures to prevent them, the environmental management requirements rather than operational applications such as the defining environmental object�ves and targets, environmental shipboard procedures planmng, audits and management reviews are defined in the ISM Code under Chapter IX of Safety of Life at Sea (SOLAS) Convention which the Code particularly couples safety and environmental management systems together [6, 7]. Therefore the environmental objectives are required to be achieved by the ship owner/ operators pursuant to the requirements of the ISM Code. There are similarities between the requirements of the ISM Code and ISO 14001:2004 such as both of them requires Management Representative, which it is specifically called as a Designated Person Ashore in the ISM Code. Similarly both the ISM Code and the ISO 14001 :2004 require environmental management policy, objectives, and targets, environmental processes planning such as bunkering of ships, training of crew members, control of non conformities, corrective and preventive action, internal audit and management review [8, 9, 10, 11, 12]. Table 1 is briefly illustrating the corresponding clauses between the ISM Code and ISO 14001.

IV. USA, VRP AND NPDES-VGP REQUIREMENTS FOR

SHIPPING

United States Clean Water Act (CWA) regulations have mainly focused on Vessel Response Plan (VRP) both for tankers and the non-tank ships (the types of ships are namely called other than tankers like bulk carriers, general cargo vessels, passenger ships, ro-ro vessels etc.) starting from 19 73 to July 2008, for the prevention of marine environment in the event of any oil pollution incident or a significant threat of such incident [13, 14, 15]. Vessel Response Plans are being mainly concerned on notification procedures, shipboard spill mitigation procedures, exercises and training pertaining solely with oil pollution. However the Environmental Protection Agency (EPA) was therefore required to regulate discharges "incidental to the normal operation of vessels" under the National Pollution Discharge Elimination System (NPDES) program and in order to meet its obligations under the Clean Water Act in July 2008 and the EPA has issued a Vessel General Permit (VGP) covering all commercial ships within three mile territorial sea or inland waters of the United States [13].

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V. HARMONIZED MARITIME ApPLICA nON PROPOSAL

FOR THE ENHANCED ENVIRONMENTAL AWARENESS

This study pinpoints the need of harmonized environmental management system for shipping applications in lieu of bifurcated separate use of ISO 14001 requirements and the other maritime mandatory environmental management standards to be able to discern all the requirements into a proper sequence via taking into consideration of special ship management processes. In these premises, the context of most common requirements were individually overviewed in the previous sections of this study to define the boundary conditions for ship owners/operators prior to incept an integrated management approach during abidance. Therefore this study opts to conglomerate all environmental efforts in two main branches which could be labeled as operational requirements and executive requirements which to be intermingled to provide better environmental management strategies. We do already know, should the defects occur in one of the main branch, it could easily be cause a ripple effect into another like a chain

. of

events which could probably cause devastatmg environmental casualties. The history is unfortunately full of maritime disasters and the recent oil pollution catastrophe in US Gulf is the obvious unexpected sample.

The specific shipboard environmental processes were grouped utilizing the VGP requirements which twenty six effluents are taken into account pursuant to the issues mentioned in section 4 and six annexes of MARPOL conventional requirements were embedded in it to be able to clarify and to provide a feedback in order to comply with the 4.3.1, 4.3.2 and 4.3.3 clauses of ISO 14001. Therefore the most cumbersome clause 7 of the ISM Code "Development of Plans for Shipboard Operations" could be overcome in advanced.

In this respect the shipboard environmental impact analysis can be achieved while considering an environmental defect or a catastrophe not only limited with discharges but the impact on crew members, property and process or operation. The simple example could be the consideration of a grounding ship. While a ship is grounded, her double bottom fuel tanks can be tom, some of crew members can lost their life during the accident and the hull of a ship would be damaged consequently. While without remising such sort of issues which we have already known as the common type of maritime casualties, the lost severity potential could be evaluated in a simpler manner illustrated in Figure 1 unless controlled properly.

Similarly the frequency of exposure could be assessed within the parallel view of lost severity potential as; likely to be continually experienced or likely to occur often or likely to occur several times or likely to occur sometimes or likely, but may exceptionally occur. The measures and sorted out criteria for defining loss severity potential and likelihood are proposed by analyzing the maritime accident and loss record historical data from insurance company's records and overall claims weighted average has been taken into account to figure out each criteria in Figure 1.

2010 2nd International Conference on Chemical, Biological and Environmental Engineering (ICBEE 2010)

VI. CONCLUSION

The ISO 14001:2004, and the specific international and national maritime rules and regulations like MARPOL Convention, ISM Code and US NPDES VGP requirements were introduced and their corresponding links were investigated to be able to identifY and endeavor ship owners/ operators to enhance global environmental sentiment.

The international maritime rules and regulations are mandatory for ships in order to own seaworthiness. Therefore any port State country has the right to move a further step from international rules and regulations to enhance its infrastructure and to require more robust controls to prevent any discharge from ships. The US NPDES VGP is definitely the sample of this concern. However the main portion, particularly the emerging countries of the world's port and coastal states are not in an attempt to amend new legislations to provide a better maritime environment and pollution free seas. Inter alia these gaps, some trading routes are becoming to have strict rules to be fulfilled with additional costs due to the tightened environmental rules and regulations however the others do not require concentrated efforts though the climate change and marine pollution should be the concern and field of interest for the every citizen of this world.

Notwithstanding to criticize more, this study proposes a unique and integrated approach for the whole world port and coastal states to keep an eye on the cascaded maritime environmental regulations to achieve cleaner seas and shipping operations. This harmonized maritime application proposal for the enhanced environmental awareness is focusing on ship owners/ operators who able to comply with both the international and national maritime management rules and regulations with the generic EMS standard concurrently.

On the contrary the nature of concomitant sanctions for maritime applications are enforcing many ship owners/ operators to quest a better way to integrate the above issues without shouldering onerous efforts. Consequently this study were tried to propose a humble solution not only for ship owners/ operators but also the coastal management authorities and port State control organizations to utilize a similar scheme who are wondering to establish similar VGP requirements in their own states territories.

The advantages of this application could also be succinctly wrapped up enhancing the environmental consciousness of ship's master, ship's owners/ operators and port! coastal state operators. Thereby well defined responsibility and legal enforcement can be provided while mInimiZIng environmental nuisance materials and encouragement mechanism of reducing wastage. Similarly utilization of environment-friendly equipment, reutilization of resources, protection measures in material handling could be the long term compensation.

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REFERENCES

[I] ISO, Environmental Management Systems with Specification with Guidance for Use. Geneva, Switzerland: International Organization for Standardization press, 2004, http://www. iso. org/iso/iso _catalogue/catalogue _ics/catal ogue _ detail_i cs.htm?csnumber=31807

[2] Pouliot Chuck, "ISO 14001: Beyond compliance to competitiveness", Manufacturing Engineers, May:51-6, 1996

[3] Boiral Olivier, Sala J.M., "Environmental management: should industry adopt iso 140011", Business Horizons, 1998 vol 41(1),57-64, https://shop.imo.orglb2c_shop/app/displayApp/(layout=7.0-7_1_65_60_68_6 _9&carea=O000000062&citem=O000000062000000 0048)/.do?rf=y

[4] International Maritime Organization's Website, Membership Section, August, 2010, http://www.imo.Org

[5] International Convention for the Prevention of Pollution from Ships, 1973, As Modified by the Protocol of 1978, MARPOL, Consolidated Edition, 2006, IMO Press, http://www.imo.org/conventions/contents.asp?doc_id=678&topic_id= 258

[6] International Convention for Safety of Life at Sea 1974, (SOLAS) Consolidated Edition, 2009, IMO Press, http://www.imo.org/conventions/contents.asp?topic_id=257&doc_id= 647

[7] International Safety Management (ISM) Code and Revised Guidelines on Implementation of the ISM Code, IMO Press, 2010, http://www.imo.org/includeslblastDataOnly.asp/data _id%3D29305IIS MCode_30July20I O_.pdf

[8] Bassiouni, A.Y. "The impact of ISM code on marine oil spills -empirical study", King Fahd University of Petroleum and Minerals, Proceedings of the Symposium Maritime Disaster Management, Dhahra, Saudi Arabia, 19-23 January 2003, pp 103-116

[9] MSC-MEPC.7/Circ.6 Guidance on the Qualifications, Training and Experience Necessary for Undertaking the Role of the Designation Person under the Provisions of the International Safety Management (ISM) Code, 19110/2007, http://www.ismcode.netiprimary­source _ documents/Orginal_ A _741_18.pdf

[10] MSC 75/24 Report Of The Maritime Safety Committee On Its 75th Session (Annex 28 - Draft MSCIMEPC Circular on Procedures Concerning Observed ISM Code Major Non-Conformities 24.05.2002, http://www.imo.org/Newsroomimainframe.asp?topic_id=IIO&doc_id =2161

[II] European Parliament and the Council of the European Union, Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15 February 2006 on the Implementation of the International Safety Management Code within the Community and Repealing Council Regulation (EC) No. 3051195. In, Official Journal of the European Union, L 64, Pp 1-36, 4 March 2006, www.emsa.europa.eu/Docs/legisir3362006ismen.pdf

[12] MSC-MEPC.7/Circ. 5 Guidelines for the Operational Implementation of the International Safety Management Code by Companies 19/10/2007, http://www.imo.org/Circulars/mainframe.asp?topic_id=1680

[13] U.S. Environmental Protection Agency (EPA). 2008b. Vessel General Permit for Discharges Incidental to the Normal Operation of Non­Recreational Vessels (VGP), Draft, March 19, 2008. U.S. Environmental Protection Agency, www.epa.gov/npdes/pubs/cwatxt.txt

[14] 33 USC - 1251 et seq. Federal Water Pollution Control Act.

http://epa.gov /region5/water/pdf/ecwa. pdf

[15] 33 USC - 190 I et seq. Act to Prevent Pollution from Ships.

http://www.access.gpo.gov/uscode/title33/chapter33_.html

2010 2nd International Conforence on Chemical, Biological and Environmental Engineering (ICBEE 2010)

Catastrophic

Marginal

Critical

Negligible

Multiple deaths, Multiple fatality, operation loss cost ::-USD$ 500,000, Major damage ::- USD$ 500,000, Oil spill) 100 barrel (:::16000 liters).

Single fatality, Multiple severe injuries, permanent disability, Operation loss cost USD$100.000 - 500,000. Significant damage USDt 100,000 . 500,000 Oil spill 1 barrel . 100 bam:ls.

Multiple min.or injuries� Major Lost time, Temporary disability, Hospital stay, Operation loss cost USDt 1,000 . 100,000 Moderate damage USDt 1,000 . 1001000 Minor Oil spill -: 1 barrel

Single minor in juriesJ Minor Lost timeJ First aid) Operation loss cost <! USD$ 1,000 Minor damage (usn, 1,000 Oil spill: Loss of containment on deck or near miss

Figure I. Proposed loss severity potential chart for environmental impact assessment

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2010 2nd International Conference on Chemical, Biological and Environmental Engineering (ICBEE 2010)

TABLEr. CORRESPONDING CLAUSES OF ISO 14001 :2004, ISM CODE

ISO 14001:2004 ISM Code 1 Scope Preamble of the Code

2 Normative reference Resolutions A.788(19) A.931 (22) 3 Definitions 1.1

4.1 General requirements 1.2, 1.3 4.2 Environmental policy l.4.1, 2.1, 2.2

4.3.1 Environmental aspects 7 4.3.2 Legal and other requirements 1.1.2,7,12.1,12.2,12.5,13,14,15

4.3.3 Objectives, targets and programme(s) 1.2, 1.3, 1.4.1, 12,2 4.4.1 Resources, roles responsibility and authority 1.4.1.3, 3, 4, 5, 6.1, 6,2, 6.3

4.4.2 Competence, training and awareness 6.4,6,5 4.4.3 Communication 5.1.5,6.6,8.2,9.2 4.4.4 Documentation 11

4.4.5 Control of documents 10.4, 11.1, 11.2 4.4.6 Operational control 7, 10.1, 10.2, 10.3

4.4.7 Emergency preparedness and response 8 4.5.l Monitoring and measurement 7,8.3, 10

4.5.2 Evaluation of compliance 9.2, 15 4.5.3 Nonconformity, corrective action and

9.1,12.6 preventive action

4.5.4 Control of records 11.2 4.5.5 Internal audit 12.1,12.3, 12.6

4.6 Management review 12.2, 12.5

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