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How to complywith MARPOL Annex VNew amendments governing cargo classification

and the discharge of cargo hold wash water

UK P&I CLUBIS MANAGEDBY THOMASMILLER

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Introduction

As of 1 January 2013, amendments to MARPOL Annex V1,2, meanthat shippers have new responsibilities regarding cargoclassification (crew responsibilities are outlined separately in theenclosed poster) which also affect the ability of the crew todischarge residues and wash water into the marine environment.From this date shippers will need to consider whether or not thecargo and hence residues, including those contained in washwater are ‘harmful to the marine environment’ (HME), as illustratedin Figure 1. This booklet sets out the requirements as well as theconcept and process of classification of cargoes as HME.

Figure 1. How the HME classification affects wash water discharge at sea.

MARPOL Annex V

The discharge of wash water and any non-recoverable cargoresidues contained therein is primarily controlled throughMARPOL Annex V, where it is classed as garbage and thereforesubject to the controls specified within Regulations 4.1.3 and6.1.2 of the recent amendments to MARPOL2. In essence thedischarge of cargo residues contained in wash water is governedby the following criteria:

● No discharge of cargo residues should occur less than 12nautical miles from the nearest land, or the nearest ice shelf.

● No discharge of cargo residues should occur within the sixMARPOL defined ‘Special Areas3’ (the Mediterranean, the

From1 January 2013you also need to

classify the cargo asharmful to the marineenvironment (HME)

or not

All cargoresidues and washwater are subject

to MARPOLAnnex V

You currentlysubmit a cargo

declaration underIMSBC

section 4.2

Shippersof a solid

bulk cargo

Washwater may not be

discharged overboardbut should be received

by an appropriatereceptionfacility*

If the cargois classified

as HME

* Outside Special Areas the discharge of HME cargo residues contained in hold washwater is allowed, under certain predefined conditions, until 31 December 2015.

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‘Gulfs’ area, the wider Caribbean including the Gulf ofMexico, the Baltic Sea, the North Sea and the Antarctic). Thedischarge of cargo residues contained in wash water is onlypermitted if both the destination and departure ports are withinthe Special Area and the ship will not transit outside theSpecial Area between these ports, and only provided that noadequate reception facilities (RF) exist. In such instancesdischarge of non-recoverable, non-HME cargo residues inhold wash water should take place as far out to sea as ispracticable and, in any event, no less than 12 nautical milesfrom the nearest land or the nearest ice shelf.

● No discharge of any cargo residues specified as HME. Holdwash water should be discharged to a suitable receptionfacility.

Note: due to a reported lack of adequate reception facilities atpresent, MEPC Circular 8104 allows the discharge of HMEcargo residues contained in hold wash water until 31December 2015 outside Special Areas providing that;

● based on the information from the relevant port authorities,the master determines that there are no adequate RFs at thereceiving terminal or at the next port of call,

● the ship is en-route and as far as practicable (but at least 12nautical miles) from the nearest land,

● before washing solid bulk cargoes are removed (andbagged for discharge ashore) as far as practicable (and theholds swept),

● filters are used in the bilge wells to collect any remainingsolid particles and

● that the discharge is recorded in the garbage record bookwith the flag state notified utilising the revised consolidatedformat for reporting alleged inadequacies of port receptionfacilities stated in MEPC.1/Circ.469/Rev.2.

It is still a requirement for receiving terminals to provideadequate port reception facilities for this waste stream, thiscircular only provides flexibility for ship owners and operator inthe case when receiving terminals have failed to meet theirobligations under the Annex.

Under the timeframe stipulated under MARPOL Annex V byMEPC.1/Circ.7915 (ie. from 1 January 2013 until December2014) the shipper must take all reasonable measures toprovisionally classify cargoes as HME or not. From 1 Jan 2015the shipper should provide a complete classification for the cargoto be shipped. The shipper must also declare whether the cargois HME or not to the port state authorities in the port of loadingand unloading.

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How to classify cargoes as HME(or not)

In order to classify a dry bulk cargo under MARPOL Annex V 2012guidelines1 a cargo is considered HME if it fails any of sevenspecified criteria, classed according to the UN GloballyHarmonized System of Classification and Labelling of Chemicals(UN GHS) as acute toxicity, chronic toxicity, carcinogenicity,mutagenicity, reproductive toxicity, repeated exposure of specifictarget organ toxicity [STOT] and the presence of plastics, rubberor synthetic polymers. Please see the summary of classificationcriteria on pages 10-11 for the specific data requirements for eachcriterion. When conducting laboratory testing the methodsapproved by the Organisation for Economic Co-operation andDevelopment (OECD) are recommended.

Once an assessment of all sevencriteria is complete it may be usefulto complete a summary table (asillustrated in Figure 2). An exampleof the process of classification hasbeen illustrated in Figure 3.

There are three main stages in the classification of a cargo usingthe seven criteria:

1 A literature search of available information,

2 Laboratory testing for toxicity, biodegradation andbioaccumulation,

3 The comparison of the biodegradation and bioaccumulationdata with published carcinogenicity, mutagenicity andreproductive toxicity (collectively known as CMR) as well asSTOT studies, if necessary.

International Maritime Solid Bulk Cargoes Code(IMSBC)

All vessels carrying solid bulk cargoes (except for grains6

transported in bulk, which are considered under the InternationalGrains Code of 1991) are already required to comply with theIMSBC Code. The cargo declaration form as required in section4.2 of the Code should now contain a provisional declarationstating whether the cargo is HME or not. This declaration (anexample of which is illustrated on page 12) could additionally be

Figure 2. An example summary box.

Criteria Met Not met*

1 ✗

2 ✗

3 ✗

4 ✗

5 ✗

6 ✗

7 ✗

* Any one of the seven criteria not met =cargo is classed as ‘harmful to the marineenvironment’ (HME).

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provided in a material or product safety data sheet (SDS) or aletter of declaration regarding HME. As cargoes must already betested by the shipper for the IMSBC physical parameters listed inthe example declaration, it would be sensible to carry out anyadditional testing required for determination of HME at the sametime.

Figure 3. Flow diagram illustrating an example of how to gather data required forHME classification.

Is cargo a plastic, synthetic polymer or rubber?

Record as metcriteria number 7

Record as not metcriteria number 7

Cargo is classified as HME

Is adequate dataregarding the other6 criteria available?

The shippers should classify the cargofor criteria 1-6 using summary on pages 10-11(for any categories where data already exists)

Conduct acute andchronic toxicity tests

(eg OECD methods201/202/203

and/or 210/211)

Record as not metcriteria number 1/2

Cargo is classified as HME

Record as metcriteria number 1/2

Conduct degradation/bioaccumulation tests

(eg OECD methods301/302 and 107/117)

Cargo is notrapidly degraded

and has a highbioaccumulation

Compare to knownhuman and animalstudies of CMR

(categories 3, 4, 5)and STOT repeated

exposure(category 6)

Criterianot met

Criteriamet

Cargo is rapidlydegraded and has alow bioaccumulation

Criteriamet

Criterianot met

Record as metcriteria number

3/4/5/6

Record as not metcriteria number

3/4/5/6Cargo is classified

as HME

Any one of the seven criteria not met= cargo is classified as ‘harmful to the marine environment’ (HME)

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YesNo

Yes

No

Then

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Common questions

What testing facilities can I use?

There are no known ‘approved’ laboratories, however the followingconditions are strongly recommended:

● The facility should be familiar with eco-toxicity testing for theUN GHS system and the IMSBC code physical hazard tests,

● Studies should be carried out to internationally standardisedguidelines such as OECD or the International StandardsOrganisation (ISO) documents. In certain cases nationalstandards derived from the OECD tests guidelines may also beapplicable,

● Care should be taken to ensure that laboratories carrying outsuch studies are compliant with OECD and good lab practice(GLP),

● Reports created should contain a statement of qualityassurance.

How do I classify metals?

When looking to classify inorganic compounds, minerals andmetals the concept of degradability has limited or no meaning andthe rate of dissolution becomes the key to toxicity. Within the UNGHS guideline part 47 there is a section devoted to the testing ofmetals. A good guide has also been published by the InternationalCouncil on Mining and Metals – Ore and concentrates an industryapproach to EU hazard classification8. This organisation has alsopublished a document entitled Metals Environmental RiskAssessment Guidance (MERAG), which may be helpful.

How do I classify mixtures, blends and batches?

When looking to classify mixtures or blends when test results forthe mixture itself are not available, data on individual substancesmay be used to determine the classification, making use of factorssuch as dilution and batching. These factors are termed ‘bridgingprinciples’ and further detail on their use can be obtained from theUN GHS guidelines part 47. Of most interest is the fact that if adiluent is the same toxicity or lower, then the classification is basedon the original compound. In all cases of two or moreclassifications the most stringent classification will apply. Whenbatches of cargo are known to be produced by, or under thecontrol of, the same manufacturer they can be presumed to belargely equivalent and only one classification is required (unlessthere is reason to believe there is significant variation). This mayhelp avoid some unnecessary extra testing.

Note: Re-testing is recommended if the blending of cargoes has

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the potential to cause a change in the toxicity of its constituentcompounds.

What about cargo dust on deck?

Regulation 1.2 of MARPOL Annex V stipulates that the term ‘cargoresidues’ does not include cargo dust remaining on the deck aftersweeping or dust on the external surfaces of the ship and thus thisdust is excluded from the definition of ‘garbage’ within the Annex.

What about the discharge of boiler / economiserwash down (sooty) water?

There has been much recent discussion regarding theclassification and discharge of boiler/economiser wash downwater. It has been proposed by several states that this waste couldbe regarded as ‘other similar discharges’ essential to the operationof a vessel, but this classification has not been agreed upon, and itis therefore not currently considered under the 2012 guidelines. Inthe meantime it is advisable to contact the relevant port authority,as to ascertain their domestic restrictions and regulations, fordischarging boiler/economiser wash down water.

What is the definition of wash water?

When discussing wash water the regulations are referring to thewaste water created from the cleaning up of non-recoverablecargo residues and small quantities of cleaning agents containedwithin it; this will mainly be in the cargo hold.

Are there adequate reception facilities?

The use and provision of adequate port reception facilities (RF) isseen as fundamental to the overall success of MARPOLAnnex V. Adequacy is defined in the MARPOL Annexes by the factthat the RF should meet the needs of vessels using the port withoutcausing them undue delay, that it does not provide mariners with adisincentive to use and that it should contribute to the improvementof the marine environment9.

At present the availability of adequate reception facilities is knownto be fairly low. The ability of shippers to comply with theregulations may therefore be limited by the lack of facilities at somemajor ports or, in particular, regions.

Further guidance● Where data already exists for the specified criteria (such as

impact assessments and health and safety for mineralextraction) this data could potentially be used to begin the

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classification, provided that the producer may share the datawith the shipper. For processed chemical cargoes themanufacturer may also be able to provide additional toxicityinformation. Common cargoes may be assessed by severalshippers and the sharing of data would be beneficial during theprovisional classification stage. It is also understood that somecooperation work is being undertaken to pool resources andshare information, such as the work by the European CopperInstitute (ECI)10.

● References such as the GESAMP Hazard Profiles, country UNGHS databases, the IMSBC code and the IMDG code (thelatter identifies certain marine pollutant cargoes within its index)may be of use when determining the properties of the cargo/wash water. Looking at previously classified ‘dangerous goods’safety data sheets, cargoes that are classed as environmentalharmful substances (EHS) or have specific UN numbersindicating a harmful cargo, may also provide additional usefulinformation. There are also various chemical databases on-linethat may provide preliminary toxicity data for some cargoes.

● For further guidance on the UN GHS criteria and the variouscategories please see UN GHS 4th Edition (2011)7.

● It is not believed that there are any recommended test methodsfor criteria 7. Test methods for criteria 1 and 2 are commonlyavailable and understood. Criteria 3, 4, 5 and 6 tend to not betested directly but are examined through bioaccumulation anddegradation tests when compared with databases of humanand animal studies. For further detail on the testing methodsand criteria please see the OECD guidelines document forclassification of chemicals that are hazardous to the aquaticenvironment (2001)11.

● The Port State authorities should be able to comparedeclarations and clarify any specific requests or queries. A listof designated authorities can be found within the BC.1/Circ7012.

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References:

1 Resolution MEPC.219(63).2012 Guidelines for the implementation ofMARPOL Annex V. Adopted 2 March 2012.

2 Resolution MEPC.201(62). Amendments to the protocol of 1978 relating tothe International Convention for the Prevention of Pollution from Ships,1973. Adopted 15 July 2011.

3 The other two Special Areas of the Black Sea and the Red Sea have not yetcome into force. MEPC.1/Circ.778.26/01/2012.

4 MEPC.1/Circ.810.27/06/2013. Adequate port reception facilities forcargoes declared as harmful to the marine environment under MARPOLAnnex V.

5 MEPC.1/Circ.791. 25/10/2012. Provisional classification of solid bulkcargoes under the revised MARPOL Annex V between 1 January 2013 and31 December 2014.

6 The Grain Code defines ‘grain’ as including wheat, maize (corn), oats, rye,barley, rice, pulses, seeds and processed forms thereof, whose behaviouris similar to that of grain in its natural state.

7 UN GHS 2011.www.unece.org/trans/danger/publi/ghs/ghs_rev04/04files_e.html

8 ICMM documentshttp://www.icmm.com/library/oresandconcentrates

9 MEPC.1/Circ.671. 20/7/2009. Guide to good practice for port receptionfacility providers and users.

10 Formation of global copper industry ‘business venture’ for IMO-GHS.

11 OECD series on testing and assessment No27, 2001. Guidance documenton the use of the harmonised system for the classification of chemicals

which are hazardous to the aquatic environment.

12 BC.1/Circ.70. Contact names and addresses of the offices of designatednational competent authorities responsible for the safe carriage of grain andsolid bulk cargoes.

Notes to tableA summary of the classification criteria13

overleaf:

13 Further detail can be reviewed in part 3 and 4 of the UN GHS 2011.

14 Essentially substances are considered rapidly biodegradable in theenvironment if >70% (based on dissolved organic carbon)or >60% (CO2

generation or O2 depletion) of the material is degraded within a 28 dayperiod. If no other data is available then BOD5/COD5 > 0.5.

15 Bioaccumulation is measured through exposure studies in fish or shellfishand reported as a bioconcentration factor (BCF) where high = > 500 or anoctanol/water partition coefficient (log KOW) where high = > 4.

A summary of the classification criteria13

Long

term

(chr

onic

) aqu

atic

toxi

city

No Criteria Category

Category 1 Category 2 Category 31 Acute aquatic 96hr LC50 (fish), 48hr EC50 96hr LC50 (fish), 48hr EC50 96hr LC50 (fish), 48hr EC50

toxicity (crustacean) or 72/96 hr ErC50 (crustacean) or 72/96 hr (crustacean) or 72/96 hr(algae) is < 1.00 mg/l ErC50 (algae) is > 1.00 ErC50 (algae) is > 1.00

but < 10.0 mg/l but < 10.0 mg/l

Category 1 Category 2 Category 3Not rapidly degradeable = Not rapidly degradeable = Rapidly degradeable =

chronic NOEC or ECx (fish), chronic NOEC or ECx (fish), chronic NOEC or ECx (fish),Adequate (crustacean) or (algae) is (crustacean) or (algae) is (crustacean) or (algae) ischronic < 0.1 mg/l < 1.0 mg/l < 1.0 mg/l

data Rapidly degradeable = Rapidly degradeable =chronic NOEC or ECx (fish), chronic NOEC or ECx (fish),

(crustacean) or (algae) is (crustacean) or (algae) is2 < 0.01 mg/l < 0.1 mg/l

Category 1 Category 2 Category 3 Category 4Inadequate Acute aquatic Acute aquatic Acute aquatic Poorly soluble

chronic toxicity toxicity toxicity substances fordata category 1 category 2 category 3 which no acute

toxicity isrecorded

Category 1A Category 1B Category 23 Carcinogenicity Known human carcinogen Presumed human carcinogen Suspected carcinogen.

based largely on based on demonstrated Limited evidence of humanhuman evidence animal carcinogenicity or animal carcinogenicity

Category 1A Subcategory 1B Category 2Known mutagens. Positive results in: Suspected or possible mutagen.

Possible evidence from In vivo heritable germ cell tests Positive evidence from tests4 Mutagenicity human epidemiological in mammals or this combined in mammals and/or in

studies of with some evidence of germ cell some cases frommutagenicity mutagenicity or mutagenic effects in-vitro experiments

in human germ cell tests withoutdemonstration of progeny

Category 1A Category 1B Category 2Known human Presumed human Suspected human

5 Reproductive reproductive toxicant reproductive toxicant largely reproductive toxicant.toxicity based on human based on data obtained Human or animal evidence

evidence from animal studies possible with other information

Category 1 Category 2Substances that have Substances that are presumed to be harmful to human

produced significant toxicity health at repeated exposure (animal studies with6 Repeated in humans or that, on the significant toxic effects relevant to humans at

exposure basis of evidence from generally moderate exposure or human evidenceSTOT animal studies, have the in exceptional cases)

potential to do so followingrepeated exposure

7 Plastics Cargo consists of, or contains: synthetic polymers, rubber, plastics or plastic feedstock pellets

Not

rapi

dly

degr

adea

ble14

with

hig

h bi

oacc

umul

atio

n15 P

LUS

. . .

LC50 = The lethal concentration of the compound that kills 50% of testorganisms in a given time

EC50 = Half max effective concentration

ErC50 = The EC50 in terms of reduction of growth rate

NOEC = No observed effect concentration

ECx= The concentration associated with x% response

Category in red = Criteria not met

10 11

12

An example cargo declaration

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Crew responsibilities under MARPOL Annex V(inside - detachable)

▼▼▼▼▼ Yes

MARPOL ANNEX VCREW CHECKLIST

UK P&I CLUB

No ‘garbage’ of any sort may bedischarged overboard

▼▼▼▼ ▼

▼▼▼▼▼No

Yes

Is the vessel within a MARPOL designated ‘Special Area’*?

▼▼▼▼▼ No

Discharge of ‘garbage’is less restricted

Split animal carcasses may only bedischarged >100 nm fromland in max water depth

Discharge of ‘garbage’ ismore restricted

▼▼ ▼▼▼

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Discharge ofnon-recoverable cargoresidues and cleaning

agents or additives

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Is the cargo or cleaningagent classed as ‘harmful to

the marine environment’(HME)?

▼▼▼▼▼

▼▼▼▼▼

▼▼▼▼▼

Discharge of non-ground or crushedfood waste permitted >12 nm from

land while en route and should be asfar out to sea as feasible

Discharge of ground or crushedfood waste permitted >3 nm fromland while en route and should be

as far out to sea as feasible

Until December 31 2015 dischargeof non-recoverable cargo residues

is permitted when no adequatereception facilities exist, when

>12 nm from land while en route andshould be as far out to sea as feasible

Yes▼▼▼▼▼ No ▼▼▼▼▼

Dischargeof cleaningagents andadditives ispermitted

within washwater

Dischargeof non-

recoverableresidues ispermitted

>12nm fromland while en

route andshould be asfar out to seaas feasible

Discharge of food waste not groundor crushed through a >25 mm mesh

is prohibited▼▼▼▼▼

Discharge of non-recoverablecargo residues and cleaning

agents or additives is onlypermitted in special cases

▼▼▼▼▼

Is the cargo or cleaning agent classed as‘harmful to the marine environment’ (HME)?

Yes

▼▼▼▼▼

Discharge is prohibited

▼▼▼▼▼

Is it within wash water?

No

Cargo hold wash water mayonly be discharged >12 nm fromland en route and as far out to

sea as feasible only if departureand destination are both within

the Special Area and noadequate reception facilities

are available at those ports, orin an emergency situation

▼▼▼▼▼ No ▼▼▼▼▼ Yes▼▼▼▼▼ No

Dischargeof cleaningagents andadditives indeck andexternalsurface

waters ispermitted

Dischargeof cargo

residues isprohibited

Is the vessel more than 3 nm from the nearest land or ice shelf?

* The Mediterranean, the ‘Gulfs’ area, the wider Caribbean including the Gulf of Mexico, the BalticSea, the North Sea and the Antarctic where the disposal of garbage at sea is heavily restricted

Acknowledgement: Chart details by kind permission of the ITOPF

Washwater

retainedon boardfor laterdisposal

outside ofthe Special

Area

▼▼▼▼▼ Yes

▼▼▼▼ ▼

DISCHARGE PROHIBITED AT SEA

Glass: Plastics: Paper: Incinerator ash:Floating dunnage: Cooking oil:

Crockery: Bottles: Metal:Lining and packaging materials:

Rags: Synthetic ropes

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UK P&I CLUBIS MANAGEDBY THOMASMILLER

For further information please contact:

Loss Prevention Department, Thomas Miller P&I Ltd

Tel: +44 20 7204 2307. Fax +44 20 7283 6517

Email: karl.lumbers@thomasmiller.com

Acknowledgments:This article was written byDr Rebecca Coward Technical AdviserThe International Tanker Owners Pollution Federation Ltd