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By Jonathan K. Waldron For as many problems people have operating the myriad of technological gadgets they collect - from Blackberries to cell phones to personal computers - the world is generally better off with techno- logical innovation. And although human technological inventions have often pro- duced harmful byproducts such as pollu- tion, in recent years scientists and engi- neers have focused their attention on leveraging technology to cure environ- mental problems. The Marine Environ- mental Protection Committee ("MEPC") of the International Maritime Organiza- tion ("IMO") recently made a move to fill a much-needed technological gap when it issued a resolution to improve pollution prevention equipment used aboard ships. Specifically, resolution MEPC.107(49) was published on July 18, 2003, to enhance existing oily water monitor and separator performance and testing stan- dards due to recent advances in system technology. The resolution provides a uniform interpretation in determining appropriate design, construction, and operational parameters for pollution pre- vention equipment when such equipment is fitted to new ships of greater than 400 gross tons and when new systems are fit- ted to existing ships of greater than 400 gross tons. The resolution became effec- tive as guidelines for new equipment installed on new and existing ships on January 1, 2005. Ultimately, Resolution MEPC.107(49) will be officially adopted as a standard as part of the new revisions to MARPOL Annex I scheduled to be effective January 1, 2007. The specifications call for a bilge sepa- rator that can produce effluent with an oil content of less than 15 parts per million ("ppm"), a bilge alarm to alert operators when limits have been exceeded and appropriate automatic stopping devices to prevent effluent that exceeds the 15 ppm limit from being discharged overboard. Although the 15 ppm effluent standard has not changed, the new equipment called for in the resolution is better designed to handle emulsions, solvents, and surfactants, which were difficult at best to handle with older technology. The Coast Guard issued Policy Letter 04-13, Revision 1, on March 24, 2005, to alert the industry of the IMO resolution and provide interim guidance for inspec- tion and testing procedures of oily water separators and monitoring systems meet- ing MEPC.107(49). Until regulations are adopted, the Coast Guard will rely on the Policy Letter during regularly scheduled inspections of oily water monitor and sep- arator systems on U.S.-flag vessels and Port State Control examinations of for- eign vessels. The Coast Guard intends to publish a Notice of Proposed Rulemaking in the near future to incorporate the new performance and testing procedures of Resolution MEPC.107(49) into U.S. regu- lations. The Policy Letter makes it clear that compliance with Resolution MEPC.107(49) is optional until entry into force of the MARPOL Annex I amend- ments. In essence, the Policy Letter pro- vides a checklist for Coast Guard marine safety personnel to carry out inspections of U.S. and foreign-flag vessels. The checklist includes: (1) verification that the oily water separator and oily water monitor/bilge alarm have been approved by the Coast Guard or appropriate Admin- istration; (2) conduct a cursory review of 15-ppm bilge monitoring/alarm records; and (3) verification of the accuracy of the 15-ppm oily water monitors or bilge alarms completed by an authorized equip- ment testing company at each Internation- al Oil Pollution Prevention Certificate renewal. There is one major problem with the way MEPC.107(49) is written with regard to implementation of these require- ments for existing vessels. The resolution states that the provisions are effective for installations fitted to new ships and for "new installations" on already built ships "in so far as is reasonable and practica- ble." However, with regard to new sys- tems installed on existing vessels, it is unclear how much of a new system must be installed in order to trigger the require- ments of MEPC.107(49). In other words, if only parts of an oily water monitor or separator are replaced, are the require- ments triggered? If not, which parts, or how many parts, can be replaced without forcing a complete replacement? Can maintenance personnel forever replace parts piecemeal, even when a complete replacement is needed, in order to prevent the expense of a whole new system? These are questions that must be carefully considered, and commented upon when the Coast Guard initiates its rulemaking on these new requirements. In conclusion, owners, operators, man- ufacturers and interested parties should monitor the Coast Guard's rulemaking implementing Resolution MEPC.107(49) to determine if U.S.-flag vessels will be required to comply with Resolution MEPC.107(49) earlier than January 1, 2007. In addition, owners and operators of existing vessels and manufacturers of equipment should monitor IMO imple- mentation of Resolution MEPC.107(49), including developments regarding the interpretation of the meaning of "replace- ment," as related to when new equipment conforming to Resolution MEPC.107(49) must be installed. 14 • MarineNews • August, 2005 LEGAL BEAT Better Pollution Prevention Equipment Will Soon Become Mandatory: But Exactly When and How? ! , T R U O # E T T I F A , , E T 5 S " R I N G & E H 4 U T U R E 4 O O 9 U N I M O # 3 3 - ! 4 / G N O O 3 # ) 3 2 ) N T E G R A T O R S M O C S N O I T U L O 3 4 ) E N I R A - O F N ) M O C S N O I T U L O S T I E N I R A M W W W D R A D N A T 3 7 % . ! T E 3 L L I W T A H T Y G O L O N H C E 4 M O R F Y L E V I S U L C X E Circle 221 on Reader Service Card The New York City Department of Transportation’s Staten Island Ferry Division seeks candidates for the following positions: DECKHANDS: Salary $37,342. Operate gates, gangplanks, aprons and bridges; handle lines; assist passengers; clean vessels; act as a lookout; operate fire- fighting equipment; participate in fire and lifeboat drills; QUALIFICATIONS: 2 years of full-time satisfactory experience as a deckhand acquired within the last 10 years. MATES: Salary $42,978. Responsibilities include Deckhand assignments and instructions; oversees embarking and disembarkment of passengers; partici- pates in fire, lifeboat and emergency drills; assumes responsibility for the safe- ty and care of floating property of the Department of Transportation; prepares accident reports, maintains records and makes reports as necessary; performs related duties. QUALIFICATIONS: Candidates must possess a valid U.S. Coast Guard license as Inland Mate of Steam and Motor Vessels of any Gross Tons, or higher, with an endorsement as Radar Observer and three years experience as deckhand. License must be kept for duration of employment. REQUIREMENTS: Subject to background investigation, medical and drug screening. City residency required within 90 days of appointment. Excellent benefits package. Forward resume to: Josephine O’Connell NYC Dept. of Transportation Personnel Division 40 Worth Street, Room 801 New York, NY 10013 or E-mail to joconnell@dot.nyc.gov EQUAL OPPORTUNITY EMPLOYER STATEN ISLAND FERRY OPERATIONS DECKHANDS & MATES NEW YORK CITY DEPARTMENT OF TRANSPORTATION Jonathan K. Waldron Circle 253 on Reader Service Card AUGUSTMN2005 2(9-16).qxd 8/1/2005 4:02 PM Page 14
