Inland Vessels [Prevention and Containment of Pollution] Rules 2022

MINISTRY OF PORTS, SHIPPING AND WATERWAYS

NOTIFICATION

New Delhi, the 22nd February, 2022

G.S.R. 155(E).—The draft of the Inland Vessels [Prevention and Containment of Pollution] Rules 2022, which the Central Government proposes to make, in the exercise of the powers conferred by sub­section (1) of section 106 of the Inland Vessels Act of 2021(24 of 2021), is hereby published for the information of all persons likely to be affected thereby; and notice is hereby given that the said draft shall be taken into consideration after thirty days from the date on which the copies of this notification as published in the Official Gazette are made available to the public;

Objections or suggestions, if any, to these draft rules may be sent to the Director (IWT), Ministry of Ports, Shipping & Waterways, Room No. 439, Transport Bhawan, 1-Parliament Street, New Delhi-110001, or by email at abhay.sarode@gov.in and uttam.mishra27@gov.in within the period specified above;

The objections or suggestions which may be received from any person concerning the said draft rules, within the period so specified will be considered by the Central Government.

DRAFT RULES

1. Short Title Commencement

(1) These Rules shall be called the Inland Vessels [Prevention and Containment of Pollution] Rules 2022.

(2) They shall come into force on the date of their final publication in Official Gazette.

2. Definitions

(1) In these rules, unless the context otherwise requires,–

(a) “Act” means the Inland Vessels Act of 2021(24 of 2021

(b) “Existing vessel” or “existing inland vessel” means any inland vessel which is not any new inland vessel that falls within the ambit of the definition provided under clause (e ) of sub-rule (1) of Rule 3

(c) “inland vessel” means any mechanically propelled inland vessels as defined under section 3(y) of the Act

d) “Major conversion or modification” means any of the following;

a) Change in Gross Tonnage of the vessel by more than ten per centum

b) Change of vessel type

c) Change of propulsion system/ main engines/ type of fuel

e) “New Inland vessel” means any inland vessel whose keel is laid or which is at a similar stage of construction on or after the date of coming in to force of these Rules

f) “sister vessel” is a vessel built from the same plans at the same yard

g) “Zone” means any such inland water area, as the State Government may, by notification, declare, depending on the following maximum significant wave height criteria, as Zone 1, Zone 2 and Zone 3, these rules:

(iv) Zone 1 means an area (other than Zone 2 or Zone 3) where the maximum significant wave height does not exceed 2.0 metres.

(v) Zone 2 means an area (other than Zone 3) where the maximum significant wave height does not exceed 1.2 metres.

(vi) Zone 3 means an area where the maximum significant wave height does not exceed 0.6 metres.

(2) Words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

3. Inland Vessels.-

For the purpose of these rules, Inland vessels shall be classified as per the following categories: –

(1) The vessels which fall in Category A are decked vessels of any of the following types.

(a) Cargo vessels that are more than 24 m in length

(b) Vessels that carry more than 50 passengers on board.

(c) All vessels equipped for towing other vessels, having a bollard pull capacity exceeding 10tonnes.

(d) Vessels carrying petroleum goods, chemicals or liquefied gases in bulk as cargo,

(e) Vessels carrying dangerous goods.

Category A vessels shall be designed, constructed and maintained under the survey and requirements of a classification society, who is a member of the International Association of Classification Societies

(2) Category B vessels are those which are not Category A or Category C

Category B vessels shall be designed, constructed and maintained according to the survey of a classification society, which is a member of International Association of the Classification Societies

Further designed and constructed under the survey of classification society, which is a member of the International Association of Classification Societies and maintained under the survey of the Designated Authority

(3) Category C vessels are vessels of length less than 10 metres

Category C vessels shall be designed, constructed and maintained under the survey of a classification society, which is a member of the International Association of Classification Societies, and standards prescribed for design, construction and survey considered appropriate by the Designated Authority and maintained under the survey of the Designated Authority. Design and Construction not covered by these rules, the Designated Authority may apply the rules of International Association of Classification Societies.

4. Threshold of Compliance

(1) All existing vessels shall, comply with the requirements existing prior to coming into force of these rules

Provided that the existing inland vessels that undergo major conversion or modification shall comply with the requirements specified in these rules, as far as it is considered reasonable and practicable by the Designated Authority.

Provided that existing inland vessels are to comply with the operational measures for prevention of pollution specified in these rules

(2) The owner, operator or master of all new inland vessel, shall ensure that the vessel is constructed, maintained and operated under the requirements and standards for pollution prevention and containment, as provided under these rules and the vessel is suitable for its intended service.

5. Certification

(1) No inland vessel shall be issued with the Prevention of Pollution Certificate envisaged under the Act by the Designated Authority, unless such vessel complies with requirements and standards for pollution prevention and containment including the physical design of the inland vessel or facilities that the inland vessel must carry, or those which are operational or procedural in nature, which the inland vessel is required to comply with, under these Rules

(2) The format of the Certificate of compliance for Prevention and containment of Pollution to be issued under the purview of the Inland Vessels Act 2021 and these Rules is included in Schedule III of these Rules.

(3) Subject to surveys being carried out in accordance with the Inland Vessels (Survey and Certification) Rules, 2022, the maximum validity of a Certificate of compliance of Prevention and containment of Pollution shall be five (5) years.

6. Equipment Standards and Guidance

Equipment and types of machinery are required to be carried on board, shall be under Bureau of Indian Standards / International Organisation of Standards

7. General Responsibilities

(1) It is the responsibility of the owner or operator to ensure that the vessel is properly equipped and maintained to dispose of all vessel generated waste to shore facilities as provided in accordance with Section 54 of the Act.

(2) Except in the case of a demonstrated emergency, the discharge into an inland waterway of any pollutant, as indicated in these rules, is prohibited and the chemicals and substance specified in Schedule Ishall be the hazardous chemicals and obnoxious substances for the purpose of clause (p) and (zc) of Section 3 of the Act.

(3) The crew and passengers shall be notified, by placards or another information mode, of the above mentioned discharge prohibitions and they shall be informed on the locations where garbage or pollutants, which they generate, may be stored on board.

(4) By virtue of powers conferred under Section 98 of the Act, and subject to Section 111 of the Act; for the purposes of protecting and preserving biodiversity, aquatic life and environment; and to minimize the damage caused by navigation of inland vessels; all inland vessels passing through areas notified as ecologically sensitive areas and / or protected areas shall comply with the applicable norms and standards, as prescribed by the Central Government under Environment (Protection) Act, 1986 (Act No. 29 of 1986), the Wild Life (Protection) Act, 1972 (Act No. 53 of 1972) and such other governing laws in force in India.

(5) For the purpose of sub-rule (4) above, in the event of any accidental spill of pollutants from any inland vessels; the owner, operator or master of such vessel shall inform the jurisdictional designated authorities of respective State Governments, and the State or Central Pollution Control Boards established under the Environment (Protection) Act, 1986 (Act No. 29 of 1986).

Explanation: For the purpose of mitigating the effects of pollution that is already caused or is likely to be caused; joint efforts shall be adopted by the respective designated authority or the State or Central Pollution Control Board to guide the owner, operator or master to carry out necessary measures to prevent such spill or discharge and thereby to ensure pollution containment.

8. Garbage

(1) Garbage shall be discharged to shore facilities and suitable arrangements for the retention of garbage on board shall be provided. Shore reception facility for the purpose of this section of the rules means a local storage facility (receptacles, bins etc.) provided by the terminal/local authority or an entity authorised by the terminal/local authority/state government to collect the garbage.

Explanation: Arrangements mandated under sub-rule(1) above, shall be varied as necessary to comply with special requirements which may be applied by local authorities for the area of operation as appropriate.

(2) Every inland vessel of 10m or more in length shall display placards informing the crew and passengers of the disposal requirements of garbage.

(3) Every inland vessel certified to carry 50persons or more shall carry a garbage management plan and maintain a garbage record bookers alternative method of logging the disposal of garbage. The requirement to maintain a garbage record book may be waived for a vessel engaged on a voyage of four hours or less.

(4) The garbage management plan mandated under sub-rule (3) above shall:

(a) provide procedures for the collection, storage, processing and disposal of garbage, including procedures for the use of equipment onboard; and

(b) designate the person in charge of carrying out the plan.

9. Sulphur content of Fuel

Vessels using marine fuel oil, marine diesel, marine gas oil or gas oil must ensure that the sulphur content of any marine fuel oil or diesel used onboard inland vessels must not exceed 0.5% m/m

10. Engine Emissions

(1) Marine Diesel Engines of 130 kW and above which are installed on vessels constructed on or after coming into effect of these Rules, shall comply with the following limits for the emission of nitrogen oxides (calculated as the total weighted emission of NO2), where n = rated engine speed (crankshaft revolutions per minute):

i. 14.4 g/kWh when n is less than 130 rpm;

ii. 44 · n(-0.23) g/kWh when n is 130 or more but less than 2,000 rpm;

iii. 7.7 g/kWh when n is 2,000 rpm or more.
OR Equivalent Bharat Stage standards.

(2) The state government may, through notifications, stipulate further reductions to the limits specified in sub-rule (1) above, in designated ecologically sensitive areas.

11. Oil/Oily Waste

(2) Except in an emergency affecting the safety of the vessel and its passengers and crew, no oil or oily waste/bilge mixture water shall be discharged overboard, except when all the provisions provided in sub-rule (2),are followed and material which is retained onboard is to be subsequently discharged to a suitable reception facility ashore and a record of all such discharges shall be kept onboard, and the receipt shall be kept for a minimum duration of 3 months.

(2) Conditions for discharge of oil or oily mixtures shall be as follows.

i. the vessel is proceeding en route;

ii. the oily mixture is processed through and oil filtering equipment meeting the requirements of Part I of Schedule III of these Rules;

iii. the oil content of the effluent without dilution does not exceed 15 parts per million;

iv. the oily mixture does not originate in the cargo pump room bilges on oil tankers; and

v. the oil mixture, in case of oil tankers, is not mixed with oil cargo residues.

(3) Every’ inland vessel shall be equipped with a holding tank or equivalent arrangement of capacity as specifiedin Part II of Schedule II. Existing vessels shall comply with this requirement within two years of the date of coming into force of these Rules.

12. Sewage

(1) The discharge of sewage into inland waterways is prohibited.

(2) All new inland vessels where sewage is generated are to be provided with an appropriate sewage treatment plant / bio-digester of such capacity sufficient for the number of persons on board.

(3) Notwithstanding sub-rule (2) above, all inland vessels shall have a holding tank of adequate capacity to store all sewage generated on board, for subsequent discharge into a shore reception facility. Existing vessels should comply with this requirement within two years of coming into force of these Rules.

13. Use of Antifouling Paints

(1) The use of environmentally harmful organotin compounds in antifouling paints is prohibited.

14. Surveys under these Rules:

(1) Every inland vessel shall subject it to the surveys specified in (a) to (e) of this sub rule. Existing vessels shall be subject to surveys specified in (b) to (e) of this sub-rule.

(a) an initial survey before the vessel is put in service or before the Certificate required under Rule 6,is issued for the first time, which shall include a complete survey of its structure, equipment, systems, fittings, arrangements and material so as to ensure that such structure, equipment, systems, fittings, arrangements and material fully comply with the requirements of these rules.

(b) a renewal survey at an intervals not exceeding five years, , and the renewal survey shall be such as to ensure that the structure, equipment, systems, fittings, arrangements and material fully comply with the requirements of these rules.

(c) an annual survey shall be conducted within three months before or after each anniversary date of the Certificate, including a general inspection of the structure, equipment, fittings, arrangements and materials referred to in clause (a) to ensure that they have been maintained in accordance with the provisions of these Rules, and that they remain satisfactory for this service for which the vessel is intended; and

to ensure that the equipment and the associated pump and piping systems, including oil discharge monitoring and control systems, oily-water separating equipment and oil filtering systems, where fitted, fully comply with the requirements of these rules and are in good working order:

Provided that such annual surveys shall be endorsed on the Certificate issued under Rule 6.

(d) an additional survey, either general or partial, according to the circumstances, shall be made whenever important repairs or renewals are made and such survey shall be such as to ensure that 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 vessel complies in all respects with the requirements of these rules.

(2) Surveys of vessels for the purposes of enforcement of the provisions of these rules shall be carried out by the Designated Authority or an Organization recognized by it.

(3) When the surveyor determines that the condition of the vessel or its equipment does not correspond substantially with the particulars of the Certificate or is such that, the vessel is not fit for service without presenting an unreasonable threat of harm to the marine environment, such surveyor or authorised person shall immediately ensure that corrective action is taken and shall also, in due course, notify the Designated Authority.

Provided that if such corrective action is not taken, the Certificate shall be withdrawn and the Designated Authority shall be notified immediately.

(4) After any survey of the vessel has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by such survey, without the sanction of the Designated Authority except the direct replacement of such equipment and fittings.

(5) Whenever an accident occurs to a vessel or a defect is discovered which substantially affects the integrity of the vessel or the efficiency or completeness of its equipment as covered by these rules, the master or owner of the vessel shall report at the earliest opportunity to the Designated Authority responsible for issuing the Certificate, who shall cause investigations to be initiated by the surveyor or the authorised person to determine whether a detailed survey is necessary.

15. Issue, or endorsement of certificate.

(1) On satisfactory completion of the initial or renewal survey under Rule 15 the certifying authority shall issue a Certificate of compliance of Prevention of and containment of Pollution as per Form 26 annexed to these Rules.

[F. No. IWT-11011/91/2021-IWT]

SUNIL KUMAR SINGH, Adviser (Statistics)

SCHEDULE – I

[See Rule 8 (2)]

List of hazardous chemicals or obnoxious substances in bulk or in packaged form including wastes

Hazardous chemicals or Obnoxious Substances

Acetic anhyride

Acetone

Acetone Cyanohydrin

Acrolein

Acrylonitrile

Aldrin

Allyllsothiocyanate

Aluminium phosphide

Amonia (28% aqueous)

Ammonium phosphate

Amyl mercaptan

Aniline

Aniline hydrochloride

Antimony compounds

Atrazine

Azinphos methyl (Guthion)

Baiiumazide,

Barium oxide

Benzene

Benzenehexachloride isomers (Lindane)

Benzidine

Beryllium Powder

Bromine

Bromobenzyl cyanide

n-Butyl acrylate

Butyric acid

Cacodyliccompounds

Carbaryl (Sevin)

Carbon disulphide

Corbontetrachlride

Chloridane

Chloro~Cetophenone

Chlorodinitrobenzene

Chloroform

Chlorolhydrins(crude)

Chloropicrin

Chromic acid (Chromium trioxide)

Cococculus (Solid)

Copper compounds

Cresols

Cupriethylenediamine

Cyanide compound

Cyanogen bromide

Cyanogen chloride

DOT

Dichloroanilices

Dichlorobenzenes

Dieldrin

Dimethoate (Cygon)

Dimethyl amine (40%aqueous)

Dinitroanillnes

4.6-Dinitroorthocresol

Dinitrophenols

Endosulphan (Thiodan)

Endrin

Epichlorohydrin

Ethyl bromoacetate

Ethylene chlorohydrin (2-Chloro-ethanol)

Ethyl parathion

Fentin acetate (dry)

Fluosilicic acid

Heptachlor

Hexachlorobenzene

Hexaethyltetraphosohate

Hydrocyanic acid

Hydrofluoric acid n(40% aqueous)

Isoprene

Lead compounds

Lindane (Gammexane. BHC)

Malathion

Mercuric compounds

Methyl alcohol

Methylene chloride

Molasses

Naphtalene (moltem)

Naphthylthiourea

Nitcic acid (90%)

Oleum

Parathion

Paraquat,

Phenol

Phosphoric acid

Phosphorus (elemental)

Polyhalogenated biphenyls

Sodium pentachlorophenate (solution)

Styrene monomer

Toluene

Toluene diisocyanate

Toluene diisocyanate

Toxaphene

Tritolyl phosphate (Tricresyl phosphate)

2. 4. 5- T

Liquefied Gases (when carried in bulk)

Acetaldehyde

Anhydrous Ammonia

Butadiene

Butane

Butane/Propari mixtures

Butylenes.

Chlorine

Dimethylamine

Ethyl chloride

Ethane

Ethylene

Ethylene

Ethylene Oxide

Methane (LNG)

Methyl Acetylene Propadiene mixture

Methyl Bromide

Methyl Chloride

Propane

Propylene

VinylChloride~Monomer

Anhydrous Hydrogen Chloride, Anhydrous’ Hydrogen Fluoride or Sulphur Dioxide.

SCHEDULE – II

Part -I

Prescription for oily mixture treatment equipment for Inland vessel

Oil filtering equipment (15 ppm bilge, separator):-

(1) The 15 ppm bilge separator shall be strongly constructed and suitable for vessel’s use bearing in mind its intended location on the vessel.

(2) It shall, if intended to be fitted in locations where flammable atmospheres may be present, comply with the relevant safety regulations, for such spaces.

(3) The 15 ppm bilge separator shall be so designed that it functions automatically. However, safe arrangements to avoid any discharge in case of malfunction shall be provided.

(4) Changing the feed to the 15 ppm bilge separator from bilge to oil bilge water to emulsified bilge water, or from oil and water to air shall not result in the discharge overboard of any mixture containing more than 15ppm of oil.

(5) The system shall require the minimum of attention to bring it into operation. In the case of engine room bilges, there shall be no need for any adjustment to valves and other equipment to bring the system into operation. The equipment shall be capable of operating for at least twenty-four hours of normal duty without attention.

(6) All working parts of the 15 ppm bilge separator which are likely to be damaged shall be easily accessible for maintenance.

15 ppm bilge alarm: –

(1) The 15 ppm bilge alarm shall resist corrosion in the conditions of the marine environment.

(2) Any electrical equipment which is part of the 15 ppm bilge alarm shall be placed in a non-hazardous area.

(3) A ppm display shall be provided. Onboard testing according to manufacturer’s instructions shall be carried out.

(4) The response time, that is the time which elapses between an alteration in the sample being supplied to the 15 ppm bilge alarm and the ppm display shall not exceed five seconds.

(5) The 15 ppm bilge alarm shall record date, time and alarm status and operating status of the15 ppm bilge separator.

The recording device shall also store data for at least eighteen months.

(6) The accuracy of the 15 ppm bilge alarms shall be checked at renewal survey according tothe manufacturer’s instructions. The calibration certificate for the 15 ppm bilge alarm, certifying date of last calibration check, shall be retained on board for inspection purpose.

Part-II

Holding tank for Inland vessel:-

The capacity of bilge water holding tanks shall be as follows: –

Vessels below 150gt or main engine rating upto 750kw…. 1.0m3

Vessels (>150gt and <400gt) or main engine rating upto 1000Kw 1.5 m3

Vessels (>400 gt and <3000 gt) or main engine rating

(>1000KW and <20,000kw) capacity: 1.5+(P-1,000)/1,500 ,m3

Vessels (>3000gt) or main engine rating (>20,000kw)

Capacity: 14:2+0.2 (P*-20,000)/1,500m3

*(P=main engine rating in kw)

Provided that for Inland Vessels of less than 150 gt, where due to space constraints, it is not practicable to provide 1.0m3 holding tank, the Designated Authority may allow for providing 0.5m3 holding tank for Inland Vessels of 250 kw to 750 kw engine rating and 0.25m3 for less than 250 KW engine rating.

Form 26

Certificate of Compliance for Prevention and Containment of Pollution

Certificate/Serial number————

Name and address of the Issuing Authority:

This is to certify that the Inland vessel (Name and Official Number of the inland vessel) has been inspected to verify the compliance of the relevant provisions of the Inland Vessels (Prevention and Containment of Pollution) Rules 2022with respect to equipment, material, containment and treatment facilities. The Inland vessel demonstrates the compliance of stated provisions and therefore Certificate of compliance or conformity is now issued to the subject Inland vessel. The validity of this Certificate of compliance expires on …………………….. from the date of issue, but not later than a period of one year subject to the conditions stated below:

1. Prevention of pollution of inland water shall always be given priority over other operations.

2. Any incident so foil pollution or chemical spillage affecting the inland waterways or port shall be notified to the Designated authority and to the jurisdictional pollution control boards constituted under the Environment Protection Act 1986 (Act 29 of 1986) or such other authorities who are required to be informed, by virtue of any other law in force in India.

3. Any incident of casualty with respect to pollution affecting the inland waterways or port operations shall be notified to the Designated Authority.

4. Any malfunction or defect in oily water equipment affecting prevention of pollution of inland waters shall be notified to the Designated Authority.

5. Any alteration/modification carried out to the inland vessel shall be immediately reported to the Designated Authority for the purpose of conducting review in respect of any additional requirements.

The date of verification of compliance is…………………………………..
Place of Issue:………………….
Date of Issue:…………………..

(Seal or stamp of Issuing authority, as appropriate).

Annual Endorsements:

1.

2.

3.

4.