S.I. No. 728/2007 - Sea Pollution (Prevention of Air Pollution from Ships) Regulations 2007

0. 15

Regulation 14.

SCHEDULE 3 CRITERIA AND PROCEDURES FOR DESIGNATION OF SO X EMISSION CONTROL AREAS

1

Objectives

1. 2 An SO X emission control area should be considered for adoption by the Organization if supported by a demonstrated need to prevent, reduce, and control air pollution from SO X emissions from ships.

2

Proposal criteria for designation of an SO X emission control area

2. 4 A proposal to designate a given area as an SO X emission control area should be submitted to the Organization in accordance with the rules and procedures established by the Organization.

3

Procedures for the assessment and adoption of SO X emission control areas by the Organization

3. 3 In assessing the proposal, the Organization shall take into account the criteria which are to be included in each proposal for adoption as set forth in section 2 above, and the relative costs of reducing sulphur depositions from ships when compared with land-based controls. The economic impacts on shipping engaged in international trade should also be taken into account.

4

Operation of SO X emission control areas

4. 1 Parties which have ships navigating in the area are encouraged to bring to the Organization any concerns regarding the operation of the area.

Regulation 16.

SCHEDULE 4 TYPE APPROVAL AND OPERATING LIMITS FOR SHIPBOARD INCINERATORS

(1) Shipboard incinerators described in Regulation 17(2) shall possess an IMO 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 17(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 Minister, 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) of this schedule

Sludge oil consisting of

75% Sludge oil from HFO;

5% waste lubricating oil; and

20% emulsified water.

Solid waste consisting of

50% food waste;

50% rubbish containing

approx. 30% paper,

“ 40% cardboard,

“ 10% rags,

“ 20% plastic.

The mixture will have up to 50% moisture and 7% incombustible solids.

(2) Incinerators described in Regulation 17(2) 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

Bacharach 3 or

average

Ringelman 1 (20% opacity)

(A higher soot number is acceptable only during very short periods such as starting up)

Unburned components in

maximum 10% by weight

ash residues

Combustion chamber flue gas

850-1200°C

outlet temperature range

Regulation 18(3).

SCHEDULE 5 INFORMATION TO BE INCLUDED IN THE BUNKER DELIVERY NOTE

Name and IMO number of receiving ship

Port

Date of commencement of delivery

Name, address, and telephone number of marine fuel oil supplier

Product name(s)

Quantity (metric tons)

Density at 15°C (kg/m 3 )

1

1 Fuel oil should be tested in accordance with ISO 3675

Sulphur content (% m/m)

2

2 Fuel oil should be tested in accordance with ISO 8754

A declaration signed and certified by the fuel oil supplier’s representative that the fuel oil supplied is in conformity with paragraph (1) or (4)(a) of Regulation 15 and Regulation 19(1) of these Regulations.

GIVEN under my Official Seal,

25 October 2007

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Annex VI as added to the International Convention for the Prevention of Pollution from Ships (MARPOL Convention) by its Protocol adopted by the International Maritime Organization on 26 September 1997.

The Regulations, which apply to Irish ships everywhere and to other ships when they are in the inland waters and territorial seas of the State, control emissions from ships with a view to preventing air pollution.

Section 29

of the

Sea Pollution Act 1991

provides for penalties for breaches of these Regulations.

1 In accordance with IMO ship identification number scheme adopted by the Organization by resolution A.600(15).

2 Insert the date of expiry as specified by the Minister in accordance with regulation 9(1) of Annex VI of the Convention. The day and the month of this date correspond to the anniversary date as defined in regulation 2(14) of Annex VI of the Convention, unless amended in acordance with regulation 9(8) of Annex VI of the Convention

*Delete as appropriate

* Delete as appropriate

* Delete as appropriate

1 Fuel oil should be tested in accordance with ISO 3675

2 Fuel oil should be tested in accordance with ISO 8754

5. (1) Every ship of 400 gross tonnage or above and every fixed and floating drilling rig and other platforms shall be subject to the following surveys

(

a

) an initial survey made—

(i) before the ship is put into service, or

(ii) before the certificate required under Regulation 6 is issued for the first time;

and this survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with the applicable requirements of these Regulations;

(

b

) a renewal survey made at intervals specified by the Minister, but not exceeding 5 years, except where paragraph (2), (5), (6) or (7) of Regulation 9 is applicable; this survey shall be such as to ensure that the equipment, systems, fittings, arrangements and material fully comply with applicable requirements of these Regulations;

(

c

) an intermediate survey made—

(i) within 3 months before or after the second anniversary date,

or,

(ii) within 3 months before or after the third anniversary date,

of the certificate which shall take the place of one of the annual surveys specified in subparagraph (

d

); this survey shall be such as to ensure that the equipment and arrangements fully comply with the applicable requirements of these Regulations and are in good working order and be endorsed on the certificate issued under Regulation 6 or 7;

(

d

) an annual survey made within 3 months before or after each anniversary date of the certificate, including a general inspection of the equipment, systems, fittings, arrangements and material referred to in subparagraph (

a

) to ensure that they have been maintained in accordance with paragraph (4) and that they remain satisfactory for the service for which the ship is intended; each such survey shall be endorsed on the certificate issued under Regulation 6 or 7;

(

e

) an additional survey, either general or partial, according to the circumstances, shall be made after a repair resulting from investigations prescribed in paragraph (4), or whenever any important repairs or renewals are made; such a survey shall be made so as to ensure that the necessary repairs or renewals have been effectively made, that the material and workmanship of such repairs or renewals are in all respects satisfactory and that the ship complies in all respects with the requirements of these Regulations.

(2) Ships of less than 400 gross tonnage shall comply with such measures as may be determined by the Minister in order to ensure that the applicable provisions of these Regulations are complied with.

(3) (

a

) Surveys of ships, as regards the enforcement of the provisions of these Regulations, shall be carried out by a qualified person.

(

b

) The survey of engines and equipment for compliance with Regulation 13 shall be conducted in accordance with the NO X Technical Code.

(

c

) (i) When the qualified person determines that the condition of the equipment does not correspond substantially with the particulars of the certificate, he or she shall ensure that corrective action is taken and shall in due course notify the Minister.

(ii) If such corrective action is not taken, the Minister shall consider withdrawing the certificate.

(iii) If the ship is in a port of another Party, the appropriate authorities of the port State shall be notified immediately. When the qualified person has notified the appropriate authorities of the port State, he or she may request any necessary assistance to carry out his or her functions under this Regulation.

(4) (

a

) The 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 Minister. The direct replacement of such equipment and fittings with equipment and fittings that conform with the provisions of these Regulations is permitted.

(

b

) 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 Minister and qualified person responsible for issuing the relevant certificate.

(5) The Minister shall, upon receipt of an application for survey and on payment of such fee (if any) as may be prescribed by him or her under section 17 of the Act, cause the ship to be surveyed by a surveyor of ships.

Issue or endorsement of IAPP Certificate

6. (1) An International Air Pollution Prevention Certificate (an IAPP Certificate) shall be issued, after an initial or renewal survey in accordance with the provisions of Regulation 5, to each of the following

(

a

) any ship of 400 gross tonnage and above engaged in voyages to ports or offshore terminals under the jurisdiction of other Parties;

(

b

) platforms and drilling rigs engaged in voyages to waters under the sovereignty or jurisdiction of other Parties to the Protocol of 1997.

(2) Ships constructed before the date of entry into force of the Protocol of 1997 shall be issued with an IAPP Certificate in accordance with paragraph (1) no later than the first scheduled drydocking after entry into force of the Protocol of 1997, but in no case later than 3 years after entry into force of the Protocol of 1997.

(3) An IAPP Certificate shall be issued or endorsed as appropriate by a recognised organisation, or a person authorised by the Minister on receipt of a declaration of survey carried out by a surveyor of ships.

Issue or endorsement of IAPP Certificate by another Government

7. (1) A ship which is entitled to fly the flag of the State may, at the request of the Minister, be surveyed in accordance with the corresponding provisions for or laid down by or on behalf of the Government of another Party, and on compliance with the corresponding provisions, be issued with an IAPP Certificate, or where appropriate, have the IAPP Certificate on the ship endorsed.

(2) A ship which is entitled to fly the flag of another Party may be surveyed by a surveyor of ships, at the request of the Government of that Party, and, if the surveyor is satisfied that the provisions of these Regulations are complied with, shall cause an IAPP Certificate to be issued to the ship and, where appropriate, endorse or authorise the endorsement of that Certificate on the ship in accordance with these Regulations.

(3) No IAPP Certificate shall be issued to a ship which is entitled to fly the flag of a State which is not a Party to the Protocol of 1997.

Form of IAPP Certificate

8. The IAPP Certificate shall be in the form set out in Schedule 1.

Duration and validity of IAPP Certificate

9. (1) An IAPP Certificate shall be issued for a period specified by a qualified person, which shall not exceed 5 years.

(2) (

a

) Notwithstanding the requirements of paragraph (1), when the renewal survey is completed within 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

(

b

) When the renewal survey is completed after the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of expiry of the existing certificate.

(

c

) When the renewal survey is completed more than 3 months before the expiry date of the existing certificate, the new certificate shall be valid from the date of completion of the renewal survey to a date not exceeding 5 years from the date of completion of the renewal survey.

(3) If an IAPP Certificate is issued for a period of less than 5 years, a qualified person may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph (1), provided that the surveys referred to in subparagraph (

c

) or (

d

) of Regulation 5(1) are carried out as appropriate.

(4) If a renewal survey has been completed and a new IAPP Certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, a qualified person may endorse the existing certificate and such a certificate shall be accepted as valid for a further period which shall not exceed 5 months from the expiry date.

(5) If a ship, at the time when an IAPP Certificate expires, is not in a port in which it is to be surveyed, the Minister may extend the period of validity of the certificate but such extension shall be granted only for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed, and then only in cases where it appears proper and reasonable to do so. No certificate shall be extended for a period longer than 3 months, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

(6) An IAPP Certificate issued to a ship engaged on short voyages which has not been extended under the foregoing provisions of this Regulation may be extended by the Minister for a period of up to one month from the date of expiry stated on it. When the renewal survey is completed, the new certificate shall be valid to a date not exceeding 5 years from the date of expiry of the existing certificate before the extension was granted.

(7) In such special circumstances, as the Minister may determine, a new IAPP Certificate need not be dated from the date of expiry of the existing certificate as required by paragraph (2)(

b

), (5) or (6). In these special circumstances, the new certificate shall be valid to a date not exceeding 5 years from the date of completion of the renewal survey.

(8) If an annual or intermediate survey is completed before the period specified in Regulation 5, then

(

a

) the anniversary date shown on the certificate shall be amended by endorsement to a date which shall not be more than 3 months later than the date on which the survey was completed;

(

b

) the subsequent annual or intermediate survey required by Regulation 5 shall be completed at the intervals prescribed by that Regulation using the new anniversary date;

(

c

) the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by Regulation 5 are not exceeded.

(9) An IAPP Certificate issued under Regulation 6 or 7 shall cease to be valid in any of the following cases

(

a

) if the relevant surveys are not completed within the periods specified under Regulation 5(1);

(

b

) if the certificate is not endorsed in accordance with subparagraph (

c

) or (

d

) of Regulation 5(1);

(

c

) if the ship transfers to the flag of another state.

Port State control on operational requirements

10. (1) A ship that is registered in another state that is a Party may, when it is in a port within the jurisdiction of the State, be inspected by an inspector if he or she has clear grounds for believing that the master or crew are not familiar with essential shipboard procedures relating to the prevention of air pollution from ships.

(2) If, consequent on an inspection of a ship by an inspector, the inspector confirms that the master or crew are not familiar with the procedures referred to in that paragraph, the Minister shall take such steps (which he or she is hereby empowered to take) as will ensure that the ship shall not sail from the port until such time as the master or crew or, as the case may be, both the master and crew have become familiar with those procedures.

(3) So much of the procedures specified in Article 5 of the MARPOL Convention as are appropriate shall apply, with any necessary modifications, for the purposes of this Regulation.

(4) Nothing in this Regulation shall operate to derogate from the powers and duties of the Minister or any other person under the Act or any Regulations made thereunder.

Detection of violations and enforcement

11. (1) A ship to which these Regulations apply may, in any port or offshore terminal of the State, be subject to inspection by an inspector for the purpose of verifying whether the ship has emitted any of the substances covered by these Regulations in violation of the provision of these Regulations. If an inspection indicates a violation of these Regulations, a report shall be forwarded to the Minister for any appropriate action. If it is practicable to do so, the master of the ship shall be notified of the alleged violation.

(2) Proceedings shall be taken in accordance with the law as soon as possible, if the Minister is satisfied that sufficient evidence is available to enable proceedings to be brought in respect of the alleged violation.

PART 3 Requirements for Control of Emissions from Ships

Ozone-depleting substances

12. (1) Subject to the provisions of section 11 of the Act, any deliberate emissions of ozone-depleting substances shall be prohibited. 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.

(2) The substances referred to in this Regulation, and equipment containing such substances, shall be delivered to appropriate reception facilities when removed from ships.

Nitrogen oxides (NO X )

13. (1) (

a

) This Regulation shall apply to the following

(i) each diesel engine with a power output of more than 130 kW which is installed on a ship constructed on or after 1 January 2000;

(ii) each diesel engine with a power output of more than 130 kW which undergoes a major conversion on or after 1 January 2000.

(

b

) This Regulation does not apply to the following

(i) emergency diesel engines, engines installed in lifeboats and any device or equipment intended to be used solely in case of emergency;

(ii) engines installed on ships solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State; but only if such engines are subject to an alternative NO X control measure established by the Minister.

(

c

) Notwithstanding subparagraph (

a

), the Minister may allow exclusion from the application of this Regulation to any diesel engine which is installed on a ship constructed, or on an engine which has undergone a major conversion, before 19 May 2005; but only if the ship is solely engaged in voyages or offshore terminals within the State.

(2) (

a

) For the purpose of this Regulation, “major conversion” means a modification of an engine where—

(i) the engine is replaced by a new engine built on or after 1 January 2000, or

(ii) any substantial modification, as defined in the NO X Technical Code, is made to the engine, or

(iii) the maximum continuous rating of the engine is increased by more than 10 per cent.

(

b

) the NO X emission resulting from modifications referred to in subparagraph (

a

) shall be documented in accordance with the NO X Technical Code for approval by the Minister.

(3) (

a

) Subject to the provision of section 11 of the Act, the operation of each diesel engine to which this Regulation applies is prohibited, except when the emission of nitrogen oxides (calculated as the total weighted emission of NO 2 ) from the engine is within the following limits

(i) 17.0g/kW h when

n

is less than 130 rpm;

(ii) 45.0 x

n

(-0.2) g/kW h when

n

is 130 or more but less than 2000 rpm;

(iii) 9.8 g/kW h when

n

is 2000 rpm or more

where

n

= rated engine speed (crankshaft revolutions per minute).

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 weighing factors outlined in Schedule 2.

(

b

) Notwithstanding subparagraph (

a

), the operation of a diesel engine is permitted when—

(i) an exhaust gas cleaning system, approved by the Minister 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 subparagraph (

a

), or

(ii) any other equivalent method, approved by the Minister taking into account relevant guidelines to be developed by the Organization, is applied to reduce onboard NO X emissions at least to the limit specified in subparagraph (

a

).

Sulphur oxides (SO X )

14. (1) As a general requirement, the sulphur content of any fuel oil used on board ships shall not exceed 4.5% m/m.

(2) For the purpose of this Regulation “SO X emission control areas” include—

(

a

) the Baltic Sea area as defined in regulation 1.11.2 of Annex I, the North Sea area as defined in regulation 5(1)(

f

) of Annex V of the MARPOL Convention, and

(

b

) any other sea area, including port areas, designated by the Organization in accordance with criteria and procedures for designation of SO X emission control areas with respect to the prevention of air pollution from ships contained in Schedule 3.

(3) While ships are within SO X emission control areas, at least one of the following conditions shall be fulfilled

(

a

) the sulphur content of fuel oil used on board ships in a SO X emission control area does not exceed 1.5% m/m;

(

b

) an exhaust gas cleaning system, approved by the Minister taking into account guidelines to be developed by the Organization, is applied to reduce the total emission of sulphur oxides from ships, 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. Waste streams from the use of such equipment 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;

(

c

) any other technological method that is verifiable and enforceable to limit SO X emissions to a level equivalent to that described in subparagraph (

b

) is applied; and any such method shall be approved by the Minister taking into account guidelines to be developed by the Organization.

(4) The sulphur content of fuel oil referred to in paragraph (1) and paragraph (4)(

a

) shall be documented by the supplier as required by Regulation 18.

(5) Those ships using separate fuel oils to comply with paragraph (4)(

a

) shall allow sufficient time for the fuel oil service system to be fully flushed of all fuels exceeding 1.5% m/m sulphur content prior to entry into a SO X emission control area. The volume of low sulphur fuel oils (less than or equal to 1.5% sulphur content) in each tank as well as the date, time, and position of the ship when any fuel-changeover operation is completed, shall be recorded in such log-book as prescribed by the Minister.

(6) During the first 12 months immediately following an amendment to the Protocol of 1997 designating a specific SO X emission control area under paragraph (2)(

b

), ships entering a SO X emission control area referred to in paragraph (2)(

a

) are exempted from the requirements in paragraph (3) and (5) and from the requirements of paragraph (4) in so far as they relate to paragraph (3)(

a

).

Volatile organic compounds

15. (1) Emissions of volatile organic compounds (VOCs) from tankers in ports or terminals of the State shall be regulated in accordance with the provisions of this Regulation.

(2) Should the Minister designate ports or terminals in which VOCs emissions are to be regulated, he or she shall cause a notification to be submitted to the Organization. This notification shall include information on the size of tankers to be controlled, on cargoes requiring vapour emission control systems, and the effective date of such control. The notification shall be submitted at least 6 months before the effective date.

(3) If the Minister designates ports or terminals at which VOCs emissions from tankers are to be regulated, the competent authority shall ensure that vapour emission control systems, approved by the Minister taking into account the safety standards developed by the Organization (by reference to MSC/Circ.585, standards for vapour emission control systems), are provided in ports and terminals designated, and are operated safely and in a manner so as to avoid undue delay to the ship.

(4) All tankers which are subject to vapour emission control in accordance with the provisions of paragraph (2) of this Regulation shall be provided with a vapour collection system approved by the Minister taking into account the safety standards developed by the Organization, and shall use such system during the loading of such cargoes. Terminals which have installed vapour emission control systems in accordance with this regulation may accept existing tankers which are not fitted with vapour collection systems for a period of 3 years after the effective date identified in paragraph (2).

(5) This Regulation shall only apply to gas carriers when the type of loading and containment systems allow safe retention of non-methane VOCs on board, or their safe return ashore.

Shipboard incineration

16. (1) Except as provided in paragraph (5), shipboard incineration shall be allowed only in a shipboard incinerator.

(2) (

a

) Except as provided in subparagraph (

b

) of this paragraph, each incinerator installed on board a ship on or after 1 January 2000 shall meet the requirements contained in Schedule 4. Each incinerator shall be approved by the Minister taking into account the standard specifications for shipboard incinerators developed by the Organization (by reference to resolutions MEPC.76(40) and MEPC.93(45)).

(

b

) The Minister may allow exclusion from the application of subparagraph (

a

) to any incinerator which is installed on board a ship before the date of entry into force of the Protocol of 1997; but only if the ship is solely engaged in voyages within waters subject to the sovereignty or jurisdiction of the State.

(3) Nothing in this Regulation affects the prohibition in, or other requirements of, the

Dumping at Sea Act 1996

.

(4) Shipboard incineration of the following substances shall be prohibited

(

a

) Annex I, II and III cargo residues of the MARPOL Convention and related contaminated packing materials;

(

b

) polychlorinated biphenyls (PCBs);

(

c

) garbage, as defined in Annex V of the MARPOL Convention, containing more than traces of heavy metals;

(

d

) refined petroleum products containing halogen compounds.

(5) 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.

(6) Shipboard incineration of polyvinyl chlorides (PVCs) shall be prohibited, except in shipboard incinerators for which IMO Type Approval Certificates have been issued.

(7) All ships with incineration subject to this Regulation shall possess a manufacturer’s operation manual which shall specify how to operate the incinerator within the limits described in paragraph (2) of Schedule 4.

(8) Personnel responsible for operation of any incinerator shall be trained and capable of implementing the guidance provided in the manufacturer’s operating manual.

(9) Monitoring of combustion flue gas outlet temperature shall be required at all times and waste shall not be fed into a continuous-feed shipboard incinerator when the temperature is below the minimum allowed temperature of 850°C. For batch-loaded shipboard incinerators, the unit shall be designed so that the temperature in the combustion chamber shall reach 600°C within five minutes after start-up.

(10) Nothing in this Regulation precludes the development, installation and operation of alternative design shipboard thermal waste treatment devices that meet or exceed the requirements of this Regulation.

Reception facilities

17. (1) A harbour authority or person having control of a harbour shall provide—

(

a

) at repair ports, facilities for the reception, without causing undue delay to ships, of ozone-depleting substances and equipment containing such substances when removed from ships,

(

b

) at ports, terminals or repair ports, facilities for the reception, without causing undue delay to ships, of exhaust gas cleaning residues from an approved exhaust gas cleaning system when discharge into the marine environment of these residues is not permitted under Regulation 14, and

(

c

) ship breaking facilities, facilities for the reception of ozone-depleting substances and equipment containing such substances when removed from ships.

(2) The owner or master of a ship shall notify the Minister for transmission to the Members of the Organization of all cases where the facilities provided under this Regulation are unavailable or alleged to be inadequate.

Fuel oil quality

18. (1) Fuel oil for combustion purposes delivered to and used on board ships to which these Regulations apply shall meet the following requirements

(

a

) except as provided in subparagraph (

b

)—

(i) the fuel oil shall be blends of hydrocarbons derived from petroleum refining, but this shall not preclude the incorporation of small amounts of additives intended to improve some aspects of performance;

(ii) the fuel oil shall be free from inorganic acid;

(iii) the fuel oil shall not include any added substance or chemical waste which—

(I) jeopardises the safety of ships or adversely affects the performance of the machinery, or

(II) is harmful to personnel, or

(III) contributes overall to additional air pollution;

(

b

) fuel oil for combustion purposes derived by methods other than petroleum refining shall not—

(i) exceed the sulphur content set forth in Regulation 14,

(ii) cause an engine to exceed the NO X emission limits set forth in Regulation 13(3)(

a

),

(iii) contain inorganic acid and

(I) jeopardise the safety of ships or adversely affect the performance of the machinery, or

(II) be harmful to personnel, or

(III) contribute overall to additional air pollution.

(2) This Regulation does not apply to coal in its solid form or nuclear fuels.

(3) For each ship subject to Regulations 5 and 6, details of fuel oil or combustion purposes delivered to and used on board shall be recorded by means of a bunker delivery note which shall contain at least the information specified in Schedule 5.

(4) The bunker delivery note shall be kept on board the ship in such a place as to be readily available for inspection at all reasonable times. It shall be retained for a period of three years after the fuel oil has been delivered on board.

(5) (

a

) An inspector may inspect the bunker delivery notes on board any ship to which these Regulations apply while the ship is in a port or offshore terminal of the State, may make a copy of each delivery note, and may require the master or person in charge of the ship to certify that each copy is a true copy of such bunker delivery note. The inspector may also verify the contents of each note through consultations with the port where the note was issued.

(

b

) The inspection of the bunker delivery notes and the taking of certified copies by an inspector under this paragraph shall be performed as expeditiously as possible without causing the ship to be unduly delayed.

(6) The bunker delivery note shall be accompanied by a representative sample of the fuel oil delivered taking into account guidelines developed by the Organization under Resolution MEPC.96(47). The sample is to be sealed and signed by the supplier’s representative and the master or officer in charge of the bunker operation on completion of bunkering operations and retained under the ship’s control until the fuel oil is substantially consumed, but in any case for a period of not less than 12 months from the time of delivery.

(7) A person appointed an inspector by the Minister and to whom this Regulation relates shall ensure the following

(

a

) a register of local suppliers of fuel oil is maintained;

(

b

) local suppliers provide the bunker delivery note and sample as required by this Regulation, certified by the fuel oil supplier that the fuel oil meets the requirements of Regulations 14 and 18;

(

c

) local suppliers retain a copy of the bunker delivery note for at least three years for inspection and verification by the port State as necessary;

(

d

) action is taken, as appropriate, against fuel oil suppliers that have been found to deliver fuel oil that does not comply with that stated on the bunker delivery note;

(

e

) the Minister is informed of any ship receiving fuel oil found to be non-compliant with the requirements of Regulation 14 or 18.

(8) In connection with port State inspections carried out in the State, the inspector shall—

(

a

) inform the Party or non-Party under whose jurisdiction a bunker delivery note was issued of cases of delivery of non-compliant fuel oil, giving all relevant information, and

(

b

) ensure that remedial action as appropriate is taken to bring non-compliant fuel oil discovered into compliance.

Requirements for platforms and drilling rigs

19. (1) Subject to the provisions of paragraphs (2) and (3), fixed and floating platforms and drilling rigs shall comply with the requirements of these Regulations.

(2) Emissions directly arising from the exploration, exploitation and associated offshore processing of seabed mineral resources are, consistent with Article 2(3)(

b

)(ii) of the MARPOL Convention, exempt from the provisions of these Regulations. Such emissions include the following

(

a

) emissions resulting from the incineration of substances that are solely and directly the result of exploration, exploitation and associated offshore processing of seabed mineral resources, including but not limited to the flaring of hydrocarbons and the burning of cuttings, muds, and/or stimulation fluids during well completion and testing operations, and flaring arising from upset conditions;

(

b

) the release of gases and volatile compounds entrained in drilling fluids and cuttings;

(

c

) emissions associated solely and directly with the treatment, handling, or storage of seabed minerals;

(

d

) emissions from diesel engines that are solely dedicated to the exploration, exploitation and associated offshore processing of seabed mineral resources.

(3) The requirements of Regulation 18 shall not apply to the use of hydrocarbons which are produced and subsequently used on site as fuel, when approved by the Minister.

Regulation 8.

SCHEDULE 1

Form of Certificate

INTERNATIONAL AIR POLLUTION PREVENTION CERTIFICATE

Issued under the provisions of the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 related thereto, and as amended by resolution MEPC.132(53), (hereinafter referred to as “the Convention”) under the authority of the Government of Ireland by the Minister for Transport.

Name of Ship

Distinctive number or letters

IMO number

1

Port of Registry

Gross tonnage

1 In accordance with IMO ship identification number scheme adopted by the Organization by resolution A.600(15).

Type of ship

tanker

ships other than a tanker

THIS IS TO CERTIFY

S.I. No. 728 of 2007

SEA POLLUTION (PREVENTION OF AIR POLLUTION FROM SHIPS) REGULATIONS 2007

ARRANGEMENT OF REGULATIONS

PART 1

General