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CONGRATULATIONS
TO
CMMI
&
BEST WISHES FOR
DIAMOND JUBILEE
Capt L.K.Panda
1
Combating Marine Pollution on the
Indian Coast..
(an analysis of our prepardeness.)
RISK OVERVIEW
• India is the 3rd largest importer of oil.
• 30% of the world oil demand transit very close to the Indian
coast. Increase in tanker traffic and vessel size.
• Major ports of India handle over 7,000 tankers each year
• Over 80 companies are in operation in 228 offshore blocks
and fields
• 6th largest energy market
• Production 32-33 mmtpa
• Increase Operations on Coast.
3
RISK OVERVIEW-2.
• ECO SENSITIVE AREA ON EAST N WEST COAST.
• TOPOGRAPHY AND WEATHER CONDITIONS.
• SOCIAL IMPACT .. OVER 3 LAKH Fisherman & Marine exports
over 5 bln$.
• POWER PLANTS ( Nuclear )
• DEVLOPMENT OF COSTAL AREAS ( Sagarmala)
• “Sagarmala” – 100 % FDI
• CAGR of 16 %
• Multiple TTs, SPM, STS
GROWTH IS WELCOME BUT RAISES CONCERN
4
OIL SPILLS-CAUSES
• During Loading/discharging / Transferring/bunkering/desludging :
• Tanker terminals,
• SPM
• STS
• Tank cleaning/Internal transfer
• En-route operations
CAUSES ----------OPERATIONAL :
• Primarily caused due to Tankers involved in :
• Collision,
• Grounding,
• Drifting and Engine failure OR Pipe line fracture.
ACCIDENTAL
Adverse Impact
 Long term Ecological damage
 Possible hike in the insurance premium and cascading effect.
 Financial impact on all the stakeholders
 Public hue and cry. Huge financial impact on the Fishing
traffic
 Overall loss of prestige for the shipping industry at large
 Damage the reputation and credibility of the Nation.
RESPONSIBILITIES AND OBLIGATIONS
 UNCLOS
 OPRC-90
 IMO Conventions
 42nd Amendment to Constitution
 Merchant Shipping Act n Rules
 Coast Guard Act , 1978
 I.V.Act.
 Indian Ports Act, 1908
7
Elements Required to Respond any Oil Spill
• EFFECTIVE LEGISLATION & Delegation of
Authority
• Contingency plan (strategy, operations &
organization)
• Command , control and Coordination.
• Resources, Stockpiles of response equipment.
• Vessels monitoring and control
• Trained human resource.
• Local & international cooperation
8
Prudent practices
International
• Dedicated Civilian Agency( Sosrep
of UK, )with well defined
structure for response.
• Authority through legislation
,(opa 90, China, Indonesia etc.)
• Private Agencies –OSROs in
coordination with ITOPF &
Insurance cos.
• Clarity on revenue & cost
• Audit and Certification of Tanker
Terminals ( OCIMF-MTIS)
• VTMS with TSS at most tanker
terminals
India
• ICG from MOD , & multiple
agencies , lacking clarity.
• Lacks clear delegation of
authority & accountability.
• Govt & Port funding of response
equipment.
• Claims and compensation a
tedious process.
• No practice of inspection or
certification of tanker terminals.
• VTMS with no TSS ??
9
EMERGING TRENDS
• Adopt independent legislation for
better accountability &
functionality.( OPA 90, EU, CHINA
)
• Govt delegates responsibility to
expert agencies.
• Create independent single agency
with authority for all levels.
• Audit and Compliance of ships
and TTs( (VETTING,OCIMF MTSAS,
MTPQ,MTIS etc.),
• Mandatory VTS n VTMS around
the sensitive areas.
• Designation of Eco sensitive areas
of protection
• Participation of private &
dedicated Organizations, OSRL of
UK,IESG of Thailand, OSCIT of
Indonesia, NASOS of Vietnam
PIMMAG of Malaysia, COES of
China etc.
• MOU betewwen OSROs
• TTs audited and part of MTIS .
• Participation of PnI clubs and
ITOF.
• Training of personal by OSROs.
• OSROs providing support to TTs
and ships on a cost basis.
10
US OPA 90
• Spill response arrangements within the USA are governed by the Oil
Pollution Act, 1990 (OPA 90). Under OPA 90, tankers within US waters are
required to have pre-contracted resources sufficient to deal with a number
of spill scenarios including maximum most probable discharge and worst
case discharge i.e., loss of entire cargo. As per OPA 90, responsibility for
clean up vests with the polluter in the event of a spill
• A National Response Team (NRT) comprising members of 15 Federal
agencies with EPA as chairman and the USCG as vice-chairman and an
additional 13 Regional Response teams have a planning, policy and
coordination role and do not respond directly to incidents.
• The US has over 130 private, profit and non-profit Oil Spill Response
Organisations (OSROs) funded by the oil industry. They are essentially
facilitated by compelling liabilities against the industry under OPA 90
Chinese SPRO
• The owner, manager or actual operator of a ship shall, prior to ship’s
operation or entering into or leaving from a port, conclude an Agreement
with a qualified ship pollution response organization in accordance with
the Regulations of the People’s Republic of China.
• Mandatory membership fee to be paid for fleet of vessel.
• Administrative per day charges to be paid by the owner/operator when
the vessel calls the Chinese ports
• Pre agreed rates for combatting Oil Spill agreed and documented with the
vessel owner/manager ensuring no loss of valuable time during a spill.
• WHY NOT IN INDIA???------ The Port entry rule has
shown the way !!!!
ICG of MOD made –CCA for Oil spill
response in India.
 ICG made the central coordinating agency for oil spill
response in India. Several agencies nominated to assist
and coordinate .
 ICG in consultation with several agencies prepared the
NOS DCP laying down basic frame work.
 NOS –DCP First promulgated in July 1996 , The ICG
made as Central Co-coordinating Agency.& Updated in
1998, 1999, 2000, 2002, 2006, comprehensively
revised in 2015
 Originally designed for responding to oil spills in Indian
Waters but has extended to scope to HNS incidences
 Delegation of responsibilities to each responsible
agency.
 Mandates Ports , Coastal states to have own plan and
resources to attend to exigencies.
 Tiered structure for responses. Etc.
13
COMBAT AGENCIES
• Liability for clean up of spills remains with the polluter
• Combat Agencies have operational responsibilities to respond in
accordance with relevant Contingency plans 14
Oil Terminal
Beyond Baseline
Shoreline/Intertidal
Zones
In Ports
From Offshore
Petroleum Ops
Relevant Oil Company or Terminal
Operator
Port Operator or State Government
Authority
State Govt Authority
MoD via ICG Only when Pollution
Threatens Coasts or Coastal waters.
For close to shore, State Govt.
Relevant Company
Combat AgencySource of Location
Status of Preparedness – Present scenario
National legislations in line with
International norms in place
through the MS , ICG &,IPA Acts
related to ports & shipping.
ICG Made Central Co-
Coordinating Agency in 1993.
NOS-DCP prepared by Indian
coast Guard & revised in 2015.
All ports and off-shore
installations to have own
equipment and plan.
Offshore(ONGC – OSRO) private
participations exist,
OSROs at limited ports.
Drills conducted by ICG with
Ports &,all concerned
agencies from time to time
Monitoring, reporting and training system exists through the VTMS, DG COM, & Training by Coast
Guard in a very limited manner.
Implementation through Contingency
plan
(NOS-DCP)
• Needed basically to cope with the spill by putting into place a
well organized plan, that has been tested instills confidence
and will therefore assist in minimizing the risk from the major
pollution incident.
• (i) Strategy : Illustrates only policies, responsibilities and
checklists etc.
(ii) Operational : States procedures to be followed in the
event of oil spill by all agencies.
( As agreed under NOS-DCP , every port facility to have an
approved contingency plan as per their need )
WHERE WE STAND ?
16
STATUS OF LOCAL CONTINGENCY PLAN
Coastal States and U/T 13
Plans received by CGHQ
since last NOS DCP
02
Plans approved till date 01
Plans awaited 10
17
Agencies Number Plans received by
ICG since Last NOS
DCP
Plans approved till
date
Plans awaited
Major Ports 12 05 01 06
Non-Major Ports 26 07 01 18
Oil Handling
Agencies
20 10 Nil 10
Oil Installation on
Shore
24 03 Nil 21
FACILITY CONTINGENCY PLAN
ARE WE READY ???
• IN ADEQUATE LEGISLATION ???
• CLARITY IN DELGATION AND AUTHORITY.
• LACK OF DOMAIN EXPERTISE AND POLICY
• LACK OF RESOURCES.
• LACK OF DIRECTION , MONITORING AND
IMPLEMENTATION.
SIMPLY WAITING FOR A MAJOR SPILL???
18
Issues to be addressed-1
• Re define the responsible authority for combating
Marine pollution and create the structure at every
terminal.
• Enact necessary legislation clarifying the authority
to each entity, and a cost-revenue model like OPA90
or even the Chinese method.
• Redefine the tiers/levels since the concept of Port
Limits – may not be applicable w.r.t combating oil
pollution
• Introduce traffic separation scheme where required
and monitoring through VTMS.
Issues to be addressed -2
• Participation of Private agencies, which are more
professional cost effective and adopted world-wide.
• All tanker terminals, spm, sts be inspected for
compliance with ISGOT and ITOPF Guide lines. If
required maintain a TPI on yearly basis through
inspection. Improve Co-ordination , resources &
responsibilities.
• Draw the VTSS around coast of India & seek approval
of IMO before having the VTMS.
20
Issues to be addressed - 3
• Monitoring of oil spill through Satellite based system.
• Align our legislation on use of equipment with
International practices.
• Dedicated trained personnel at all TTs & required
places.
• Operation of terminals subject to audit/ inspection and
compliance with ISGOT and ITOPF.
• Participate in MTIS for all tanker Terminals & grading
of all TTs.
• Benefit be extended to terminals complying with the
ISGOT and TTC.
21
“Cleaner Seas”…..
a way towards
“Swachh Bharat Abhiyan”
Thank you
22

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Combating Marine Pollution on the Indian Coast..

  • 2. Combating Marine Pollution on the Indian Coast.. (an analysis of our prepardeness.)
  • 3. RISK OVERVIEW • India is the 3rd largest importer of oil. • 30% of the world oil demand transit very close to the Indian coast. Increase in tanker traffic and vessel size. • Major ports of India handle over 7,000 tankers each year • Over 80 companies are in operation in 228 offshore blocks and fields • 6th largest energy market • Production 32-33 mmtpa • Increase Operations on Coast. 3
  • 4. RISK OVERVIEW-2. • ECO SENSITIVE AREA ON EAST N WEST COAST. • TOPOGRAPHY AND WEATHER CONDITIONS. • SOCIAL IMPACT .. OVER 3 LAKH Fisherman & Marine exports over 5 bln$. • POWER PLANTS ( Nuclear ) • DEVLOPMENT OF COSTAL AREAS ( Sagarmala) • “Sagarmala” – 100 % FDI • CAGR of 16 % • Multiple TTs, SPM, STS GROWTH IS WELCOME BUT RAISES CONCERN 4
  • 5. OIL SPILLS-CAUSES • During Loading/discharging / Transferring/bunkering/desludging : • Tanker terminals, • SPM • STS • Tank cleaning/Internal transfer • En-route operations CAUSES ----------OPERATIONAL : • Primarily caused due to Tankers involved in : • Collision, • Grounding, • Drifting and Engine failure OR Pipe line fracture. ACCIDENTAL
  • 6. Adverse Impact  Long term Ecological damage  Possible hike in the insurance premium and cascading effect.  Financial impact on all the stakeholders  Public hue and cry. Huge financial impact on the Fishing traffic  Overall loss of prestige for the shipping industry at large  Damage the reputation and credibility of the Nation.
  • 7. RESPONSIBILITIES AND OBLIGATIONS  UNCLOS  OPRC-90  IMO Conventions  42nd Amendment to Constitution  Merchant Shipping Act n Rules  Coast Guard Act , 1978  I.V.Act.  Indian Ports Act, 1908 7
  • 8. Elements Required to Respond any Oil Spill • EFFECTIVE LEGISLATION & Delegation of Authority • Contingency plan (strategy, operations & organization) • Command , control and Coordination. • Resources, Stockpiles of response equipment. • Vessels monitoring and control • Trained human resource. • Local & international cooperation 8
  • 9. Prudent practices International • Dedicated Civilian Agency( Sosrep of UK, )with well defined structure for response. • Authority through legislation ,(opa 90, China, Indonesia etc.) • Private Agencies –OSROs in coordination with ITOPF & Insurance cos. • Clarity on revenue & cost • Audit and Certification of Tanker Terminals ( OCIMF-MTIS) • VTMS with TSS at most tanker terminals India • ICG from MOD , & multiple agencies , lacking clarity. • Lacks clear delegation of authority & accountability. • Govt & Port funding of response equipment. • Claims and compensation a tedious process. • No practice of inspection or certification of tanker terminals. • VTMS with no TSS ?? 9
  • 10. EMERGING TRENDS • Adopt independent legislation for better accountability & functionality.( OPA 90, EU, CHINA ) • Govt delegates responsibility to expert agencies. • Create independent single agency with authority for all levels. • Audit and Compliance of ships and TTs( (VETTING,OCIMF MTSAS, MTPQ,MTIS etc.), • Mandatory VTS n VTMS around the sensitive areas. • Designation of Eco sensitive areas of protection • Participation of private & dedicated Organizations, OSRL of UK,IESG of Thailand, OSCIT of Indonesia, NASOS of Vietnam PIMMAG of Malaysia, COES of China etc. • MOU betewwen OSROs • TTs audited and part of MTIS . • Participation of PnI clubs and ITOF. • Training of personal by OSROs. • OSROs providing support to TTs and ships on a cost basis. 10
  • 11. US OPA 90 • Spill response arrangements within the USA are governed by the Oil Pollution Act, 1990 (OPA 90). Under OPA 90, tankers within US waters are required to have pre-contracted resources sufficient to deal with a number of spill scenarios including maximum most probable discharge and worst case discharge i.e., loss of entire cargo. As per OPA 90, responsibility for clean up vests with the polluter in the event of a spill • A National Response Team (NRT) comprising members of 15 Federal agencies with EPA as chairman and the USCG as vice-chairman and an additional 13 Regional Response teams have a planning, policy and coordination role and do not respond directly to incidents. • The US has over 130 private, profit and non-profit Oil Spill Response Organisations (OSROs) funded by the oil industry. They are essentially facilitated by compelling liabilities against the industry under OPA 90
  • 12. Chinese SPRO • The owner, manager or actual operator of a ship shall, prior to ship’s operation or entering into or leaving from a port, conclude an Agreement with a qualified ship pollution response organization in accordance with the Regulations of the People’s Republic of China. • Mandatory membership fee to be paid for fleet of vessel. • Administrative per day charges to be paid by the owner/operator when the vessel calls the Chinese ports • Pre agreed rates for combatting Oil Spill agreed and documented with the vessel owner/manager ensuring no loss of valuable time during a spill. • WHY NOT IN INDIA???------ The Port entry rule has shown the way !!!!
  • 13. ICG of MOD made –CCA for Oil spill response in India.  ICG made the central coordinating agency for oil spill response in India. Several agencies nominated to assist and coordinate .  ICG in consultation with several agencies prepared the NOS DCP laying down basic frame work.  NOS –DCP First promulgated in July 1996 , The ICG made as Central Co-coordinating Agency.& Updated in 1998, 1999, 2000, 2002, 2006, comprehensively revised in 2015  Originally designed for responding to oil spills in Indian Waters but has extended to scope to HNS incidences  Delegation of responsibilities to each responsible agency.  Mandates Ports , Coastal states to have own plan and resources to attend to exigencies.  Tiered structure for responses. Etc. 13
  • 14. COMBAT AGENCIES • Liability for clean up of spills remains with the polluter • Combat Agencies have operational responsibilities to respond in accordance with relevant Contingency plans 14 Oil Terminal Beyond Baseline Shoreline/Intertidal Zones In Ports From Offshore Petroleum Ops Relevant Oil Company or Terminal Operator Port Operator or State Government Authority State Govt Authority MoD via ICG Only when Pollution Threatens Coasts or Coastal waters. For close to shore, State Govt. Relevant Company Combat AgencySource of Location
  • 15. Status of Preparedness – Present scenario National legislations in line with International norms in place through the MS , ICG &,IPA Acts related to ports & shipping. ICG Made Central Co- Coordinating Agency in 1993. NOS-DCP prepared by Indian coast Guard & revised in 2015. All ports and off-shore installations to have own equipment and plan. Offshore(ONGC – OSRO) private participations exist, OSROs at limited ports. Drills conducted by ICG with Ports &,all concerned agencies from time to time Monitoring, reporting and training system exists through the VTMS, DG COM, & Training by Coast Guard in a very limited manner.
  • 16. Implementation through Contingency plan (NOS-DCP) • Needed basically to cope with the spill by putting into place a well organized plan, that has been tested instills confidence and will therefore assist in minimizing the risk from the major pollution incident. • (i) Strategy : Illustrates only policies, responsibilities and checklists etc. (ii) Operational : States procedures to be followed in the event of oil spill by all agencies. ( As agreed under NOS-DCP , every port facility to have an approved contingency plan as per their need ) WHERE WE STAND ? 16
  • 17. STATUS OF LOCAL CONTINGENCY PLAN Coastal States and U/T 13 Plans received by CGHQ since last NOS DCP 02 Plans approved till date 01 Plans awaited 10 17 Agencies Number Plans received by ICG since Last NOS DCP Plans approved till date Plans awaited Major Ports 12 05 01 06 Non-Major Ports 26 07 01 18 Oil Handling Agencies 20 10 Nil 10 Oil Installation on Shore 24 03 Nil 21 FACILITY CONTINGENCY PLAN
  • 18. ARE WE READY ??? • IN ADEQUATE LEGISLATION ??? • CLARITY IN DELGATION AND AUTHORITY. • LACK OF DOMAIN EXPERTISE AND POLICY • LACK OF RESOURCES. • LACK OF DIRECTION , MONITORING AND IMPLEMENTATION. SIMPLY WAITING FOR A MAJOR SPILL??? 18
  • 19. Issues to be addressed-1 • Re define the responsible authority for combating Marine pollution and create the structure at every terminal. • Enact necessary legislation clarifying the authority to each entity, and a cost-revenue model like OPA90 or even the Chinese method. • Redefine the tiers/levels since the concept of Port Limits – may not be applicable w.r.t combating oil pollution • Introduce traffic separation scheme where required and monitoring through VTMS.
  • 20. Issues to be addressed -2 • Participation of Private agencies, which are more professional cost effective and adopted world-wide. • All tanker terminals, spm, sts be inspected for compliance with ISGOT and ITOPF Guide lines. If required maintain a TPI on yearly basis through inspection. Improve Co-ordination , resources & responsibilities. • Draw the VTSS around coast of India & seek approval of IMO before having the VTMS. 20
  • 21. Issues to be addressed - 3 • Monitoring of oil spill through Satellite based system. • Align our legislation on use of equipment with International practices. • Dedicated trained personnel at all TTs & required places. • Operation of terminals subject to audit/ inspection and compliance with ISGOT and ITOPF. • Participate in MTIS for all tanker Terminals & grading of all TTs. • Benefit be extended to terminals complying with the ISGOT and TTC. 21
  • 22. “Cleaner Seas”….. a way towards “Swachh Bharat Abhiyan” Thank you 22

Editor's Notes

  1. These factors show that India is poised for growth, that is as such a very good news for our better future. But we will never like that we have a fortune in hand but the environment in which we will be living has got damaged to such an irreparable extent that we will be spending our fortune to just some how save our environmental. And this is not what smart today’s Managers like us will want it to be. We are the generation who is going bring the sea of change to the living standard of country. And hence to have that better environment and facilities for our next generation today we have to protect our environment from each and every pollution aspect and we all here are the one who can make the difference Marine pollution.