Consultation. Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2012

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1 Consultation Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2012 Please find attached draft Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations These regulations amend the Merchant Shipping (Prevention of Air Pollution from Ships) Order 2005 to correct drafting errors in regulations 3, 10 and 11. The 2005 Order which gives effect to MARPOL Annex VI is also attached and is marked to show the amendments made by these regulations. If you would like to make any comments on the draft regulations, please send them (preferably by ) to Angela Barnett, Legislation Manager by Wednesday 14 th March Angela Barnett Legislation Manager Isle of Man Ship Registry Department of Economic Development St Georges Court, Upper Church Street Douglas Isle of Man IM1 1EX Tel: + (44) Fax + (44) Consultation Closing Date: Wednesday 14 th March 2012

2 Statutory Document No. xxx MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION FROM SHIPS) ORDER 2005 MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION FROM SHIPS) (AMENDMENT) REGULATIONS 2012 Approved by Tynwald: Coming into operation: The Department of Economic Development, after consulting the Secretary of State, makes these Regulations under Article 3 of the Merchant Shipping (Prevention of Air Pollution from Ships) Order Title These Regulations are the Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations Commencement If approved by Tynwald, 2 these Regulations come into operation on xxx. 3 Amendment of Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 (1) The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations are amended as follows. (2) In regulation 3(2)(c)(i)(application) for or (where last appearing) substitute and. 1 SD175/05 2 As required by section 17 of the Oil Pollution Act 1986 c SD239/05 Price

3 (3) In regulation 10 (3) for 1.5 per cent by mass (wherever occurring) substitute 1.5% m/m. (4) In regulation 11 (2) for unloading substitute loading. MADE Minister for Economic Development EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 by correcting drafting errors in regulations 3, 10 and 11.

4 Statutory Document No. 239/05 MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION FROM SHIPS) ORDER 2005 MERCHANT SHIPPING (PREVENTION OF AIR POLLUTION FROM SHIPS) REGULATIONS 2005 Approved by Tynwald: 17 th May 2005 Coming into operation: 19 th May 2005 In exercise of the powers conferred on the Department of Trade and Industry 4 by Article 3 of the Merchant Shipping (Prevention of Air Pollution from Ships) Order , and of all other enabling powers, the following Regulations are hereby made:- Citation and commencement 1. These Regulations may be cited as the Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2005 and shall come into operation on 19 th May Interpretation 2. In these Regulations - Certifying Authority means the Department or any persons authorised by the Department; continuous-feed means the process whereby waste is fed into a combustion chamber without human assistance while the incinerator is in normal operating 4 Functions were transferred to the Department of Trade and Industry by the Transfer of Functions (Marine Administration) Order 1997 (SD 51/97) 5 SD 175/05 Price: 1.70 Price Code: B

5 conditions with the combustion chamber operative temperature between C and C; Convention country means a country which has consented to be bound by MARPOL Annex VI; Department means the Department of Trade and Industry; emission means any release of substances subject to control by these Regulations from ships into the atmosphere or sea; IAPP Certificate means a certificate entitled the International Air Pollution Prevention Certificate issued in accordance with MARPOL Annex VI; IGC Code means the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk adopted by the International Maritime Organization by resolution MSC.5(48) and amended by resolution MSC.30(61) in 1992; Manx ship has the meaning given by section 1 of the Merchant Shipping Registration Act ; and includes ships registered under Part IV of that Act (the Demise Charter Register); MARPOL Annex VI means the Regulations for the Prevention of Air Pollution from Ships appended to the Protocol of 1997 (which amends the MARPOL Convention) and adopted by the International Conference of Parties to the MARPOL Convention in September 1997; MARPOL Convention means the International Convention for the Prevention of Pollution from Ships (including its protocols, annexes and appendices) which constitutes attachment 1 to the final act of the International Conference on Marine Pollution signed in London on 2nd November, 1973; new installations, in relation to regulation 8 of these Regulations, means the installation of systems, equipment, including new portable fire-extinguishing units, insulation, or other material on a ship after 19 th May 2005, but excludes repair or recharge of previously installed systems, equipment, insulation, or other material, or recharge of portable fire-extinguishing units; NO x Technical Code means the Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines adopted in September 1997 by Conference resolution 2 of the Conference of Parties to the International Convention for the Prevention of Pollution from Ships in conjunction with the Marine Environment Protection Committee s fortieth session; operator in relation to a ship means the owner or any other organisation or person such as the manager or the bareboat charterer who has assumed responsibility for the operation of the ship from the owner; c.15

6 ozone-depleting substances means controlled substances defined in paragraph 4 of article 1 of the Montreal Protocol on Substances that Deplete the Ozone Layer, 1987, listed in Annexes A, B, C, or E to the said Protocol and specified in a Manx Shipping Notice; ship means a vessel of any type; shipboard incineration means the incineration of wastes or other matter on board a ship, if such wastes or other matter were generated during the normal operation of that ship; shipboard incinerator means a shipboard facility designed for the primary purpose of incineration; ships constructed means ships the keels of which are laid or which are at a similar stage of construction; similar stage of construction means the stage at which: construction identifiable with a specific ship begins; and (b) assembly of that ship has commenced comprising at least 50 tonnes or one per cent of the estimated mass of all structural material, whichever is less; sludge oil means sludge from the fuel or lubricating oil separators, waste lubricating oil from main or auxiliary machinery, or waste oil from bilge water separators, oil filtering equipment or drip trays; SO x emission control area means an area where the adoption of special mandatory measures for SO x emissions from ships is required to prevent, reduce and control air pollution from SO x and its attendant adverse impacts on land and sea areas. SO x emission control areas shall include those areas so designated in regulation 14 to MARPOL Annex VI and any area so designated in an amendment to the Protocol of 1997; surveyor means a surveyor appointed by the Certifying Authority; territorial waters means: the territorial sea adjacent to the Island, and (b) any waters within the area which extends landward from the baselines from which the breadth of the territorial sea is measured as far as the mean high water mark of ordinary spring tides. The Protocol of 1997 means the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978.

7 Application 3. (1) Unless expressly provided otherwise, these Regulations apply to: (b) all Manx ships; other ships while they are within Manx territorial waters. (2) These Regulations do not apply to: any warship, naval auxiliary or other ship owned or operated by a State and used, for the time being, only on government, non-commercial service; or (b) any emission necessary for the purpose of securing the safety of a ship or saving life at sea; or (c) any emission resulting from damage to a ship or its equipment: (i) provided that all reasonable precautions have been taken after the occurrence of the damage or discovery of emission for the purpose or preventing or minimising the emission; or and (ii) except if the operator or the master acted either with intent to cause damage, or recklessly and with knowledge that damage would probably result. (d) any emission from any ship arising directly from the exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to the flaring of hydrocarbons and the burning of cuttings, muds and stimulation fluids during well completion and testing operations, and flaring arising from upset conditions; the release of gases and volatile compounds entrained in drilling fluids and cuttings; (e) emissions associated solely and directly with the treatment, handling and storage of sea-bed minerals; and (f) emissions from diesel engines that are solely dedicated to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources. Surveys 4. (1) Every Manx ship of 400 GT or above shall be subject to: an initial survey before the ship is put into service or before an IAPP Certificate in respect of that ship is issued for the first time; (b) an annual survey, within 3 months before or after each anniversary

8 date of the IAPP Certificate, provided that no annual survey shall be required when the intermediate survey pursuant to sub paragraph (c) is carried out within 3 months before or after the anniversary date of the IAPP Certificate; (c) an intermediate survey within 3 months before or after the second or third anniversary date of the IAPP Certificate; (d) a renewal survey within 5 years of an IAPP Certificate, and at intervals not exceeding 5 years thereafter. (2) The surveyor conducting an initial survey, annual survey or renewal survey in accordance with sub paragraphs (1) (b) or (d) shall survey the ship and satisfy himself that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of these Regulations. (3) The surveyor conducting an intermediate survey in accordance with sub paragraph (1)(c) shall survey the ship and satisfy himself that the equipment and arrangements fully comply with the applicable requirements of these Regulations and are in good working order. (4) The survey of engines and equipment for compliance with regulation 9 of these Regulations shall be conducted in accordance with the NOx Technical Code. (5) Where a surveyor determines that the condition of the equipment does not correspond substantially with the particulars of the IAPP certificate, they shall ensure that corrective action is taken. (6) Where corrective action is not taken in accordance with the provisions of paragraph (5) the Certifying Authority shall: withdraw the IAPP Certificate; and (b) if the ship is in the port of another Convention country, notify the appropriate authorities of the port State immediately. (7) Subject to paragraph (8), equipment shall be maintained to conform with the provisions of these Regulations and no changes shall be made in the equipment, systems, fittings, arrangements or material covered by the survey without the express approval of the Certifying Authority. (8) The direct replacement of equipment and fittings referred to in paragraph (7) with equipment and fittings that conform with the provisions of these Regulations is permitted. (9) Whenever an accident occurs to a ship or a defect is discovered which substantially affects the efficiency or completeness of its equipment covered by these Regulations, the master or owner of the ship shall report at the earliest opportunity to the Department.

9 IAPP Certificate 5. (1) When it is in order to do so the Certifying Authority shall issue an IAPP Certificate in the form prescribed by MARPOL Annex VI which shall be valid for a period not exceeding 5 years from the date of issue. (2) Manx ships of 400GT or above constructed before 19 th May 2005 shall obtain an IAPP Certificate no later than the first scheduled dry-docking after that date, but in any event not later than 19 th May (3) An IAPP Certificate shall cease to be valid: if without the approval of a Certifying Authority, significant alteration has been made to the equipment, systems, fittings, arrangements or material required by these Regulations, other than the direct replacement of such equipment, systems, fittings, arrangements and materials or; (b) (c) if the surveys are not conducted as required by regulation 4; or upon the transfer of the ship to the flag of another State. (4) For the purposes of sub paragraph (3), significant alteration in relation to the provisions of regulation 9, shall include any change or adjustment to the system, fittings or arrangement of a diesel engine which results in the nitrogen oxide limits applied to that engine no longer being complied with. Extension of IAPP Certificate 6. (1) No extension of the five-year period of validity of the International Air Pollution Prevention Certificate shall be permitted, except if the ship, at the time when the International Air Pollution Prevention Certificate expires, is not in a port of a State in which it can be surveyed. (2) An extension granted in accordance with paragraph (1) shall be: for a period of no more than five months; and (b) granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and only then when it appears proper and reasonable to do so. (3) After arrival in the port in which it is to be surveyed, a ship shall not be entitled by virtue of an extension granted under paragraph (1) to leave the port without having obtained a new IAPP Certificate.

10 Issue of certificate by another Government 7. (1) The Department may request the Government of a Convention country to survey a Manx ship and, if satisfied that the provisions of MARPOL Annex VI are complied with, to issue or authorise the issue of the IAPP Certificate to the ship. (2) An IAPP Certificate so issued shall contain a statement that it has been issued in accordance with such a request, and it shall have the same effect as an IAPP Certificate issued under regulation 5 (1). (3) The Department may at the request of a Government of a Convention country survey a ship registered in that State and if satisfied that the provisions of MARPOL Annex VI are complied with, issue an IAPP Certificate to that ship. Ozone depleting substances 8. (1) Subject to the provisions of regulations 2 (b) and (c) any deliberate emission of ozone-depleting substances from ships is prohibited. (2) For the purposes of this regulation deliberate emissions include emissions occurring in the course of maintaining, servicing, repairing or disposing of systems or equipment, except that deliberate emissions do not include minimal releases associated with the recapture or recycling of an ozone-depleting substance. (3) No new installation on ships shall contain ozone-depleting substances except that new installations containing hydrochlorofluorocarbons (HCFCs) are permitted until 1 st January (4) Ozone-depleting substances and equipment containing such substances shall be delivered to appropriate reception facilities when removed from ships. Nitrogen oxides (NO x ) 9. (1) This regulation applies to: each diesel engine with a power output of more than 130kW which is installed on a ship constructed on or after 1 st January 2000; or (b) each diesel engine with a power output of more than 130kW which undergoes a major conversion on or after 1 st January (2) This regulation does not apply to emergency diesel engines, engines installed in lifeboats and any device or equipment intended to be used solely in case of emergency. (3) For the purposes of this regulation, major conversion means a modification of an engine where:

11 or the engine is replaced by a new engine built on or after 1 January 2000; (b) any substantial modification, as defined in the NO x Technical Code, is made to the engine, or (c) than 10%. The maximum continuous rating of the engine is increased by more (4) The NO x emission resulting from modifications referred to in paragraph (3) shall be documented in accordance with the NO x Technical Code for approval by the Certifying Authority. (5) Subject to the provisions of regulations 2 (b) and (c), the operation of each diesel engine to which this regulation applies is prohibited, except where the emission of nitrogen oxides (calculated as the total weighted emission of NO 2 ) from the engine is within the following limits: (b) (c) 17.0 g/kw h when n is less than 130 rpm 45.0 x n -0.2 g/kw h when n is 130 or more but less than 2000 rpm 9.8g/kW h when n is 2000 rpm or more Where n = rated engine speed (crankshaft revolutions per minute). (6) When using fuel composed of blends from hydrocarbons derived from petroleum refining, test procedure and measurement methods shall be in accordance with the NO x Technical Code taking into consideration the test cycles and weighting factors outlined in Appendix II to MARPOL Annex VI. (7) Notwithstanding the provisions of paragraph (5), the operation of a diesel engine is permitted when either an exhaust gas cleaning system or any other equivalent method approved by the Certifying Authority in accordance with the NO x Technical Code, is applied to the engine to reduce onboard NO x emissions at least to the limits specified in paragraph (5). Sulphur oxides (SO x ) 10. (1) The sulphur content of any fuel oil used on board ships shall not exceed 4.5% m/m. (2) While a ship is within a SO x emission control area, at least one of the following conditions shall be fulfilled: 1.5%m/m; the sulphur content of fuel oil used on board ships shall not exceed

12 (b) an exhaust gas cleaning system, approved by the Certifying Authority is applied to reduce the total emission of sulphur oxides, including both auxiliary and main propulsion engines, to 6.0g SO x /kw h or less calculated as the total weight of sulphur dioxide emission; or (c) any other technological method to limit sulphur oxide emissions to a level equivalent to that prescribed in sub-paragraph (2)(b) is used that has been approved by the Certifying Authority, taking into account any guidelines developed by the International Maritime Organization. (3) Ships using separate fuel oils to comply with sub-paragraph (2) shall: allow sufficient time for the fuel oil service system to be fully flushed of all fuels exceeding 1.5 per cent by mass 1.5% m/m sulphur content prior to entry into a sulphur oxide emission control area; and (b) record in the ship s oil record book the date, time and position of the ship when any fuel changeover operation is completed and the volume of low sulphur fuel oils of less than or equal to 1.5 per cent by mass 1.5% m/m in each tank. (4) Waste streams from the use of equipment approved pursuant to sub-paragraph 2(b) shall not be discharged into enclosed ports, harbours and estuaries unless it can be thoroughly documented by the ship that such waste streams have no adverse impact on the ecosystems of such enclosed ports, harbours and estuaries. (5) Ships entering a SO x emission control area are exempted from the requirements of paragraphs (2), (3) and (4) of this regulation for 12 months following: the 19 th May 2005; and (b) the entry into force of an amendment to the Protocol of 1997 designating other SO x emission control areas. Volatile organic compounds 11. (1) Any Manx ship subject to vapour emission control within a port or terminal notified to the International Maritime Organization pursuant to regulation 15(2) of MARPOL Annex VI, shall be provided with a vapour collection system approved by the Certifying Authority taking into account any safety standards developed by the International Maritime Organization. (2) This regulation shall only apply to Manx ships which are gas carriers as defined by the IGC Code, when the type of unloading loading and containment system allows safe retention of non-methane volatile organic compounds on board or their safe return ashore.

13 Shipboard incineration 12. (1) Except as provided for by paragraph (5), shipboard incineration shall be allowed only in a shipboard incinerator. (2) Each incinerator installed on board a ship on or after 1 st January 2000 shall meet the requirements set out in Schedule 1 to these regulations and shall be approved by the Certifying Authority taking into account the standard specification for shipboard incinerators developed by the International Maritime Organization. (3) Shipboard incineration of the following substances shall be prohibited: the residues of any substances or materials referred to in Annex I, II and III of the MARPOL Convention which have been carried as cargo in the ship and any related contaminated packing materials; (b) polychlorinated biphenyls (PCB s); (c) garbage, as defined in Annex V of the MARPOL Convention; containing more than traces of heavy metals; and (d) refined petroleum products containing halogen compounds. (4) Shipboard incineration of sewage sludge and sludge oil generated during the normal operation of a ship may also take place in the main or auxiliary power plant or boilers, but in those cases, shall not take place inside ports, harbours and estuaries. (5) Shipboard incineration of polyvinyl chlorides (PVCs) shall be prohibited, except in shipboard incinerators for which IMO Type Approval Certificates have been issued in accordance with the type approval and operating limits set out in Schedule 1 to these Regulations. (6) All ships with incinerators subject to this regulation shall possess a manufacturer s operating manual which shall specify how to operate the incinerator within the limits described in paragraph 2 of Schedule 1 to these Regulations. (7) Personnel responsible for operation of any incinerator shall be trained and capable of implementing the guidance provided in the manufacturer s operating manual. (8) Combustion flue gas outlet temperatures shall be monitored at all times and the waste shall not be fed into a continuous-feed shipboard incinerator when the temperature is below 850 o C. (9) Batch-loaded shipboard incinerators shall be designed so that the temperature in the combustion chamber shall reach 600 o C within 5 minutes of start up. (10) The Certifying Authority may approve the design, installation and operation of alternative thermal waste treatment devices that meet or exceed the requirements of this regulation.

14 Fuel oil quality 13. (1) This regulation does not apply to: (b) coal in its solid form; nuclear fuels; or (c) hydrocarbons produced from the exploration, exploitation and associated offshore processing of sea-bed mineral resources and subsequently used on site as fuel, when approved by the Certifying Authority. (2) Fuel oil for combustion purposes delivered to and used on board ships, where the fuel is blends of hydrocarbons derived from petroleum refining: may incorporate small amount of additives intended to improve some aspects of performance; (b) (c) shall be free from inorganic acid; and shall not include any added substance or chemical waste which either: (i) (ii) (iii) jeopardizes the safety of ships or adversely affects the performance of the machinery; or is harmful to personnel; or contributes overall to additional air pollution. (3) Fuel oil for combustion purposes delivered to and used on board ships, where the fuel oil is derived by methods other than petroleum refining shall not: Regulations; (b) (c) (d) (e) (f) exceed the sulphur content set out in Regulation 10 of these cause an engine to exceed the NO x emission limits set out in Regulation 9 (5) of these Regulations; contain inorganic acid; jeopardize the safety of ships or adversely affect the performance of the machinery; be harmful to personnel; or contribute overall to additional air pollution.

15 (4) Local suppliers of fuel oil who deliver fuel oil for combustion purposes to ships of 400 GT or above shall: register with the Department by submitting within 3 months of the 19 th May of each year an annual declaration which shall be in the format specified by the Department; (b) provide the ship with a bunker delivery note containing at least the information in Schedule 2 of these Regulations; (c) provide a declaration in the bunker delivery note that is signed and certified by the fuel oil supplier in accordance with the provisions of Schedule 2 to these Regulations; (d) retain a copy of the bunker delivery note for 3 years from the date of delivery for inspection and verification; and (e) provide a representative sample of the fuel oil delivered to accompany the bunker note which shall: (i) be collected in accordance with any guidelines developed by the International Maritime Organization; and (ii) on completion of the bunkering operation be sealed and signed by the local supplier s of fuel oil representative and the master or officer in charge of the bunker operation. (5) Any local supplier of fuel oil who does not provide the annual declaration in accordance with sub-paragraph (4) will be assumed to no longer deliver marine fuel oil to ships of this type and will be removed from the register. (6) The master or operator of a ship of 400 GT or above shall retain on board in a place so as to be readily available for inspection at all reasonable times the bunker delivery note specified in sub paragraph 4 (b) for a period of 3 years from the day of delivery. (7) The master or operator of a ship of 400 GT or above shall retain under the ships control the sample of fuel oil specified in sub paragraph 4 (e) until the fuel oil is substantially consumed, but in any case for a period of not less than 12 months from the day of delivery. (8) For the purposes of this regulation: local supplier of fuel oil is the company (or person) responsible for delivering the bunkers to a ship in the Island or its territorial waters by barge or direct from shore; and (b) fuel oil. fuel oil supplier means the supplier of fuel oil to the local supplier of

16 Equivalents 14. (1) The Department may permit any fitting, material, appliance or apparatus to be fitted in a ship as an alternative to that required by these Regulations if in its opinion such fitting, material or apparatus is at least as effective as that required by these Regulations. (2) The Department shall inform the International Maritime Organization of any equivalent permitted in accordance with paragraph (1). Penalties 15. (1) If any ship fails to comply with any requirements of these Regulations the operator and master shall each be guilty of an offence and punishable: on summary conviction by a fine of 5,000 and/or imprisonment for two years; or (b) on conviction on information a fine of 5,000. (2) If a fuel oil supplier, local supplier of fuel oil or their representative fails to comply with the applicable requirements of regulation 13, or makes a false declaration in the bunker delivery note they shall each be guilty of an offence and punishable: two years; or on summary conviction by a fine of 5,000 and/or imprisonment for (b) on conviction on information a fine of 5,000. (3) It shall be a defence for a person charged under this Regulation to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Offences due to fault of another person 16. Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person. Offence by corporate bodies 17. (1) Where an offence under any of these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such

17 capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) For the purposes of paragraphs (1) and (2), body corporate includes a limited liability company constituted under the Limited Liability Companies Act and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to the company s manager and registered agent. Made: 15 th April 2005 Alex F. Downie Minister for Trade and Industry c. 19

18 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations implement Annex VI of the International Convention for the Prevention of Pollution from Ships 1973 (the MARPOL Convention) and relate to the prevention of air pollution from ships. The Regulations apply to all Manx ships and to other ships whilst they are within Manx territorial waters. They establish a survey and certification regime for ships of 400 GT or above and provide for the control of shipboard incineration, fuel oil quality and the emission of ozone depleting substances, nitrogen oxides and sulphur oxides. The Regulations also require local suppliers of fuel oil who supply fuel oil for combustion purposes to ships of 400GT or above to register with the Department and to provide ships of 400GT or above with a representative sample of fuel oil and details of the fuel oil supplied in a bunker delivery note.

19 Schedule 1- Regulation 12 (2) Type Approval and Operating Limits for Shipboard Incinerators 1. Shipboard incinerators described in regulation 12 (2) shall possess an International Maritime Organization type approval certificate for each incinerator. In order to obtain such certificate, the incinerator shall be designed and built to an approved standard as described in regulation 12 (2). Each model shall be subject to a specified type approval test operation at the factory or an approved test facility, and under the responsibility of the Certifying Authority, using the following standard fuel/waste specification for the type approval test for determining whether the incinerator operates within the limits specified in paragraph 2 to this Schedule: Sludge oil consisting of: Solid waste consisting of: 75% sludge oil from HFO; 5% waste lubricating oil; and 20% emulsified water 50% food waste 50% rubbish containing: Approx. 30% paper, Approx. 40% cardboard, Approx. 10% rags, Approx. 20% plastic The mixture will have up to 50% moisture and 7% incombustible solids. 2. Shipboard incinerators installed on or after 1 st January 2000 shall operate within the following limits: O 2 in combustion chamber: 6-12% CO in flue gas maximum average: 200 mg/mj Soot number maximum average: Bacharach 3 or Ringelman 1 (20% opacity) (A higher soot number is acceptable only during very short periods such as starting up) Unburned components in ash residues: maximum 10% by weight Combustion chamber flue gas outlet temperature range: O C

20 Schedule 2 Regulation 13(4)(b) and (c) Information to be contained in the bunker delivery note Name and IMO Number of receiving ship Port Date of commencement of delivery Name, address, and telephone number of local supplier of fuel oil Product name(s) Quantity (metric tons) Density at 15 0 C (kg/m3) Sulphur content (%m/m) A declaration signed and certified by the fuel oil supplier s representative that the fuel oil supplied: (1) does not exceed either 1.5%m/m or 4.5%m/m sulphur content as is appropriate; (2) is free from inorganic acid; and shall not include any added substance or chemical waste which either: (i) (ii) (iii) jeopardizes the safety of ships or adversely affects the performance of the machinery; or is harmful to personnel; or contributes overall to additional air pollution..

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