Pollution Prevention (Oil, Noxious Chemicals, Garbage and Sewage)
The IMO is the principal United Nations organisation for maritime safety and environmental protection. Developed under its auspices, the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), covers accidental and operational oil pollution as well as pollution by chemicals, goods in five annexes that are currently in force or soon to enter into force: oil (Annex I), noxious liquid substances (chemicals) carried in bulk (Annex II), harmful substances carried by sea in packaged form (Annex III), sewage (Annex IV) and garbage (Annex V). Annexes I and II entered into force in 1983 and currently have 121 contracting parties. Annex III entered into force in 1992 and currently has 104 contracting parties. Annex V entered into force in 1988 and currently has 108 contracting parties. Annex IV has recently received its 88th contracting party and will enter into force in September 2003.
Obviously, a variety of ships is used to support offshore oil and gas exploration activities; however, a significant number are also utilised directly in both drilling for (e.g. mobile offshore drilling units) and producing (e.g. floating production units) offshore oil and gas and these are subject to the provisions of the convention and its annexes through the legislation and regulations imposed by the nation under whose flag they are entitled to fly.
Fixed and floating platforms are also subject to MARPOL 73/78 because Article 2(4) of the convention defines ‘ship’ as “a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms,” thus extending the convention to virtually all offshore facilities. The coastal state under whose jurisdiction such facilities operate is obliged to regulate such facilities. An agreement among the parties regarding the application of the provisions of Annex I effectively limits its applicability to the discharge of machinery space drainage (which is limited in oil content to 15 parts per million or less,without dilution). (14) Drilling and processing discharges and production displacement water discharges are left to national (or regional) regulation. Industry guidelines have been developed by both OGP15 and API.
There is an active effort underway, inspired by Australia, to re-examine the applicability of the Annex I requirements to floating production, storage and offloading units (FPSOs) and floating storage units (FSUs), particularly with respect to the possibility of oil outflow following accidental damage to the hull. (16)
There have been repeated, albeit unsuccessful, efforts to inspire the IMO to address offshore oil and gas activities more explicitly within the scope of MARPOL 73/78. The most recent was led by the Russian Federation. (17) One of the difficulties faced by the IMO in this regard is that the organisation’s focus has traditionally been ships and shipping, so the national delegations comprise shipping regulators. Only rarely have representatives of national oil and gas regulatory bodies been included.
Mobile offshore drilling units (MODUs), FPSOs and other vessels employed by the industry are confronted with a unique challenge in conforming to MARPOL 73/78. While underway between operating locations, they are subject to their flag state’s interpretation of MARPOL 73/78; however, when they actively engage in oil and gas development activities, they become subject to the host coastal state’s interpretation of MARPOL 73/78. Not only are there wide variations in the interpretation and enforcement of the convention among coastal states, but there are also variations in interpretation as to when the coastal state’s authority begins.
As loss of well control poses the most serious threat to the safety of a drilling unit, and of causing a significant oil spill, the IADC has developed a series of minimum training standards in well control and a programme for accrediting training institutions with those standards. (18)
Organot in Anti-fouling Systems
Concern over the adverse environmental impacts of organotin paints used to protect against marine growth on the hulls of ships and offshore installations led the IMO to develop the International Convention on the Control of Harmful Anti-fouling Systems on Ships in 2001. The convention will enter into force after ratification by 25 nations representing more than 25% of the world’s merchant shipping tonnage. There is currently only one signatory.
Airborne Pollution
There are a number of international agreements that may obligate nations to set standards for air emissions from oil and gas activities.
- The United Nations Framework Convention on Climate Change (UNFCCC) attempts to stabilise greenhouse gas concentrations in the atmosphere. The convention was adopted in 1992 and entered into force on 21 March 1994. The convention currently has received 186 instruments of ratification.
- The protocol to the UNFCCC was adopted by the parties to the UNFCCC in Kyoto, Japan, on 11 December 1997. The protocol contains individual emissions limitations and reductions for the industrialised (Annex I) nations. It will enter into force after not less than 55 parties to the convention, incorporating Annex I parties, which accounted, in total, for at least 55% of the total carbon dioxide emissions for 1990 from that group, have deposited their instruments of ratification, acceptance, approval or accession. As at 25 September 2002, 95 parties (25 Annex I parties, accounting for 37%) have ratified or acceded to the Kyoto protocol.
- The 2001 Stockholm Convention on Persistent Organic Pollutants, which was developed, inter alia, in response to concerns on long-range airborne pollution of the seas expressed in the negotiations on the Global Program of Action to Protect the Marine Environment from Land- based Activities. The Stockholm Convention currently has 22 of the 50 ratifications required for it to enter into force.
- Annex VI of MARPOL 73/78, which attempts to control potentially harmful emissions (nitrogenand sulphur oxides) in the exhaust of ships’ engines. Indications are that Annex VI will enter into force in 2004. The IMO is also examining strategies to control greenhouse gas emissions related to ship operations.
In addition, there are regional agreements such as the UN Economic Commission for Europe’s Convention on Long-Range Transport of Air Pollution.
Category:
Environment
|
Download PDF
References
