As a result of the »Exxon Valdez« oil spill in 1989, the Oil Pollution Act of 1990 (OPA 90) was passed. From 30 Januar 2014 on, non-tank rules have become more strict and almost all ships in US waters now require a response plan
The following conclusion presented by the Marine Response Alliance (MRA), founded 1994 in response to the »Exxon Valdez« incident, is[ds_preview] widely shared in the salvage industry: »Generally, the passage of OPA 90 improved the ability to prevent and respond to oil spills by establishing provisions that expand the US federal government’s ability. The money and resources necessary were provided.« The MRA is an association of the top US emergency responders providing OPA 90 Salvage Marine Firefighting (SMFF).
From 31 December 2014 on, all single hull tank vessels and barges in the United States will be phased out of petroleum service. This was to be expected, as OPA 90 allowed for a gradual 25 year implementation period for US owners to comply with the federal law enacted in 1990. However, the last cracks of the regulation OPA 90 are now being filled, too.
Fostered by the oil spill caused at oil rig »Deepwater Horizon« in 2010, US Government has decided to take action. According to new rules announced in September, vessels carrying more than 2,500 barrels of hydrocarbons as fuel also will have to apply the tank vessel salvage and marine firefighting regulations already in place. This means a Non-Tank Vessel Response Plan (NTVRP) is now required (since 30 January 2014). Salvage specialists estimate that about 14,000 to 18,000 vessels worldwide may fall under the new regulation requiring non-tank vessels to have such oil spill response plans in place. The regulatory situation has therefore profoundly changed, but many operators have not even realised the possible consequences.
Unawareness of regulation
»OPA 90 is a good step to stimulate environmental protection, even if US Navy ships are exempt,« Ulf Teske, Head of Salvage Academy at Svitzer Salvage, says. »As all other non-tank vessels are impacted, we attach importance to the fact that we talk to all our customers individually to illuminate the new regulation as many of them still believe the Qualified Individual (QI) is to handle the matter which is a misinterpretation.«
Svitzer has proactively approached the new criteria and meanwhile has been certified by the US Coast Guard (USCG) in all 42 relevant Captain of the Port (COTP) zones. »We have special equipment to be at site in the specifically regulated time – only a short interval when grounds close to ports are involved,« Teske says. »To anticipate new regulation we have sent our own equipment and experts to Fort Lauderdale and formed eight salvage teams. After having passed all 19 criteria relevant for us, we had to pass Coast Guard drills, announced and unannounced ones, and invested at least 2 mill. $ to be ready,« Teske says. For shipowners and operators there are 15 relevant criteria »and time is running out to pass the necessary certification process«, the Svitzer expert adds.
To counter new OPA 90 regulation MRA partner Titan Salvage is also proactively committed. The company has issued a brochure with the titel »Non-Tank Vessel Response Rules and You«. Lindsay Malen, Director of Business Development at Titan Salvage and the Marine Response Alliance, says: »I think that we have been prepared for a long time for the actual volume of business. The MRA has been listed in NTVRPs for the past 20 years and it is just that now the USCG is actually enforcing this regulation and making non-tank operators have a contracted Funding Agreement in place. This will mean more paperwork for everyone, the owner/operator, the QI, the SMFF and especially the USCG.«
Malen adds: »Funding Agreement is actually a facet to ensure that we as SMFF respond to an incident with no delay in negotiating a contract as that contract (the Funding Agreement) is already in place. The owners must list a provider, but depending on the provider, the cost is relatively low.«
Experts guarantee preparedness
A recent statement by Resolve Marine lists all 15 criteria for shipowners and operators and the company’s efforts to meet each. According to it, Resolve has a file of representative FOSC-approved operations plans (FOSC = Federal On-Scene Coordinator) that details numerous salvage and marine firefighting projects in which the company has been engaged since the implementation of OPA 90. Therefore experience and experts qualify: »As part of our effort to train with USCG and industry response teams, Resolve regularly participates in Area Planning Committee meetings around the USA by actively providing planning, resource management and training support.« As far as investment is concerned, Resolve says: »Although the new requirements do not quantify ›sufficient upfront capital‹, Resolve can point to projects conducted in the course of 30 years of marine emergency response. We feel that work has demonstrated our ability to undertake high cost operations requiring significant capital outlays to mobilize and to sustain large scale casualty response efforts across the United States and around the world.«
However, there is no reason for a low-key approach, a point all relevant actors agree with: Shipowners and operators who have not been certified by 30 January 2014may be denied access to US waters. Experts estimate the US Coast Guard will probably not install a strict control regime at once, or sign first and control later. But even if so, lack of compliance will become an incalculable risk for all ships calling US ports. It is the salvage industry’s expertise which is more appreciated now and thus will increase in value.
SG
