“The OPRC-HNS Protocol and its practical implications”
A paper to the PAJ Oil Spill Symposium
Tokyo 24-25th February 2005
Presented by
Simon Rickaby C.Eng., BSc(Hons)Eng., FIMarEST, FIMgt
Managing Director - DV Howells Ltd, The MPSC, Milford Haven. Wales, UK
Past President - The Institute of Marine Engineering, Science and Technology

Good Day esteemed delegates, it is an honour to be addressing such animportant gathering and I hope my paper will give you an insight into theProtocol on Preparedness, Response and Co-operation to pollution Incidents
by Hazardous and Noxious Substances 2000, known as the OPRC-HNS 2000
Protocol, and in turn its practical applications.
The OPRC-HNS Protocol follows the principles of the International
Convention on Oil Pollution Preparedness, Response and Co-operation,known as the OPRC Convention. The OPRC-HNS Protocol was formally
adopted by IMO member States, who were already signed up to the OPRC
Convention at a Diplomatic Conference held at the IMO headquarters inLondon in March 2000.
However it does not come into force until 12 months after it has been ratified
by at least 15 member States, who in turn are already party to the OPRC
Convention. To date the HNS Protocol has been signed up to by 11 member
states that have between them 16% of the worlds shipping tonnage.
The OPRC Convention was adopted in November 1990, but it was 5 years
before it came into force in November 1995, so there is still some way to go
for the OPRC-HNS Protocol to come into force, but that does not mean weshould be complacent and do nothing until it does.
The OPRC Convention of 1990 has been a success; there has been a steady
reduction in the level of marine oil spills in the reduction of spills and anincreased level of preparedness and response cooperation throughout theworld.
There was a part of the OPRC Convention that was however left out in 1990
when the Convention came into being, it was deliberate left out on theunderstanding that inside 10 years it too would be addressed. This was thepart of the OPRC Convention that dealt with Hazardous and Noxious
Substances or HNS for short.
Like the OPRC Convention, the HNS Protocol aims to provide a global
framework for international co-operation in combating major incidents orthreats of marine pollution from Hazardous and Noxious Substances.
Countries that sign up to the HNS Protocol will be required to establish
National, Regional and International preparedness, response and cooperation measures for dealing with HNS pollution incidents.

Similar to the OPRC Convention, ships carrying HNS will be required to carrya shipboard pollution emergency plan to deal specifically with incidents
involving HNS, in a similar way that they have shipboard pollution emergency
plans for dealing with oil pollution.
When considering hazardous cargoes, the definition and the implications of
the term HNS should be understood. Many cargoes can be hazardous without
the cargo itself having dangerous properties, for example, logs can deplete
the oxygen level in a ship’s hold making it dangerous for personnel to enterbut the logs themselves are not a HNS.
Broadly speaking, hazardous and noxious substances, known as HNS, arethose substances that due to their intrinsic properties may, if released,endanger human life, the environment or property.
For the purpose of the OPRC-HNS Protocol, HNS means any substanceother than oil, which, if introduced into the marine environment is likely tocreate hazards to human health, to harm living resources and marine life, todamage amenities or to interfere with other legitimate uses of the sea.
HNS are further defined by reference to lists of substances included in various
IMO Conventions and Codes, such as in Annex 2 of MARPOL 73/78, theInternational Maritime Dangerous Goods (IMDG) code and various other
Codes of Practise, such as the International Bulk Chemical Code (IBC Code)and the Code of Safe Practise for Solid Bulk Cargoes (BC Code).
HNS include liquid substances defined as noxious or dangerous; liquefiedgases; liquid substances with a flashpoint not exceeding 60°C; dangerous,hazardous and harmful materials and substances carried in packaged form;and solid bulk materials defined as possessing chemical hazards.
There are well over a million hazardous substances, materials and articles
produced worldwide and some 50,000 are shipped commercially, and in everincreasing numbers. Specific substances should not be stowed in certain
places or in certain combinations next to each other.
The IMDG Code gives more than 3000 United Nations Numbers for thepurpose of substance identification, about 200 of these are for ‘Generic’ or‘Not Otherwise Specified (NOS)’ substances, and these numbers are the mostcommonly used when goods are being transported. For all goods shipped as‘NOS’, a recognised chemical name in current use and readily available inscientific and technical handbooks should be given, while trade names alone
should not be used.
Because not everyone is following these procedures; ships’ crews, port
operators, salvors and responders are being put at risk.

The table below shows some examples of hazardous and noxious substances
according to the IMDG code.
Classnumber1
2
3456789Description

ExamplesExplosives
Trinitrotoluene (TNT)
Gases
Acetylene
Flammable liquids
Ethyl alcohol
Flammable solids (including self-reactive solids and Calcium carbideliquids),
Substances
liabletospontaneous
combustion and those which in contact with water,
emit flammable gases
Oxidising substances and organic peroxides
Sodium chlorate
Toxic and infectious substances
Sodium cyanide
Radioactive substances
RadiumCorrosives
Caustic soda
Miscellaneous dangerous substances and articles
Polychlorinatedbiphenyls

In recent years, there has been a rapid growth in the transportation of HNS. If
allowed to escape, these substances can present a significant danger to thevessel, its crew, coastal and harbour populations, and the surroundingenvironment.
There are many types of ships that can and do carry HNS:
• Dry bulk carriers: solid bulk cargoes, e.g. ores, fishmeal, manufactured
powders.
• Oil/bulk/ore or combo carriers: multi-purpose carriers of solid or liquidcargoes.
• Containerships: boxes for dry cargo, powders and/or liquids in portable
ISO tanks.
• General cargo ships: cargo in consignments e.g. crates, boxes, drums,sacks, bags.
• Roll-on/roll-off ferries: road vehicles carrying internally unitised, packaged
or bulk cargoes.
• Chemical carriers: specialised vessels designed to carry liquid chemicals
in bulk.
• Gas carriers: specialised vessels designed to carry liquefied gas.
The International Maritime Dangerous Goods (IMDG) Code describes how topack, label, document, transport, stow and segregate dangerous goods inpackages.
Many incidents involving HNS are relatively minor: leaking drums, broken
glass, failed packaging and similar. In cases such as these, there is atendency to call upon the local fire brigade or response contractor to make thesite safe, contain the suspect package and then remove it in an overdrum ortranship it into another suitable package.

HNS is also mentioned in another convention, known confusingly as the HNS
1996 Convention, which as the date suggests was adopted earlier than theOPRC 200 Protocol, but it too has not yet come into force.
The International Convention on Liability and Compensation for Damage inConnection with the Carriage of Hazardous and Noxious Substances (HNS)
by sea, known as the HNS 1996 Convention, provides for a compensationand liability regime for incidents involving HNS.
The simple difference is that the HNS Convention deals with compensationfrom HNS, whilst the HNS Protocol deals with preparedness and response
measures for dealing with HNS spills.
Similarly there is compensation for oil pollution incidents that are covered by
an International Civil Liability Convention for Oil Pollution Damage, and by anInternational Fund Convention for Compensation for Oil Pollution Damage,both in turn are supplemented by Protocols.
Compensation and Liability for HNS and Oil Pollution are subjects in their own
right and are not covered in this paper.
So having set the framework of what is the HNS Protocol and how it leads toother conventions and codes, we can turn our attention to the practicalimplications.
By now I am sure you are be starting to get the picture about dealing with
HNS matters; there is a lot to consider. There is a considerable difference
between being prepared and responding to oil spills, as to dealing with HNSspills.
A major difference is that HNS can kill and be radically more harmful and toxic
than oil. A 100 litre spill of toxic chemical can do more harm than a 100 litre
heavy fuel oil spill.
Another difference is that oil is in a liquid form, although of varying viscosities,
whilst HNS can come in solid, liquid or gas forms.
Therefore consideration in the different types of operational handling andmodes of transport of HNS will impact upon considerations of how to handle a
HNS incident.
Note, I have changed the wording from “spill” to “incident”; this is how
personnel must consider dealing with HNS in a situation where it can bereleased in an uncontrolled manner, ie an incident, either an actual one or thepotential risk of one.
HNS incidents do not necessary have to be an uncontrolled release of cargofrom a ship onto the water as an oil spill is invariably considered. The HNS
incident can be during cargo handling or transportation of a HNS which is aliquid, solid or gas form, and either stays immobile or moves or changes state.

The HNS can start out in one form and evolve into another form by changing
conditions acting upon the released or contained HNS, which in turn has
implications on the surrounding community, workers and response personnel.
The risks of an uncontrolled release of a HNS is one or more of the following:Explosion, Fire, Reactivity, Toxicity
Organisations must therefore make every EFRT (said as effort) to prevent an
HNS incident from happening, and should it do so, to have in place a level of
preparedness to be able to take the right action to minimise the immediateand long-term effects on the community and surrounding property.
As in all response matters, preparation, preparation and preparation in thatorder will be the most effective tools for dealing with an HNS incident.
Preplanning and contingency planning as shown in the success of the OPRC
Convention and other conventions dealing with marine pollution from oil, suchas the Marpol 1973 Convention and its 1978 Protocol, in reducing the numberof tanker accidents and amount of oil spilt, indicates how effective the rapid
implementation of the HNS Protocol could be.
Marine authorities, ports and transportation companies need to have in placea separate section or appendix to their National Contingency Plans andOPRC Port plans, similarly ships carrying HNS will need to have shipboard
emergency plans; but why wait until the HNS Protocol comes in, action can bestarted now.
There needs to be a process where all hazardous materials and hazardous
sites within the relevant area of responsibility are identified, this will assist
emergency services and HNS incident response crews in having guidance forwhen planning their responses to an uncontrolled release of HNS as soon as
they arrive on site.
Additionally by preplanning with identified and pre-agreed response strategies
and actions to be taken for those materials and /or sites, valuable time will notbe lost in making those considerations or seeking approvals when a real
incident occurs, especially as HNS incidents can escalate so very quickly.
The natural follow on from this is to develop exercises followed by post
exercise review (and post incident reviews) to ensure the plan is kept up todate and relevant for the HNS substances and site under consideration.
Fortunately HNS incidents and spills occur less than oil spills, which meansthat Port and marine personnel are unlikely to have the same degree ofexperience and practice in the right procedure for dealing with an HNS
incident, it is therefore essential that personnel have training and exercise on
what to do in times of a HNS incident.

A major implication of dealing with an HNS incident is that the material can kill,
it may be colourless and may have rapid reaction or movement capability,
therefore personnel must realize the first action is to get away and raise thealarm and evacuate others from the danger area.
Any response to a HNS spill must only be undertaken by well trained andexperienced personnel, who clearly understand the chemical behaviour,
physical behaviour , effects, dangers and implications of the HNS to be dealt
with, this immediately means others rather than the day to day personnel will
be called upon to deal with the situation.
However the management and day-to-day operational personnel of the port or
installation can be trained in what to do if they come across a HNS incident orpotential incident.
Escaping and raising the alarm will be natural, however the identification ofwhat the HNS is and any other HNS’s in the vicinity or the conditions in which
the HNS incident is occurring will be extremely useful to the emergency
services and HNS incident response crews attending the incident.
An employer has the duty of care to ensure the well-being of their employee
at their place of work, therefore it is essential only trained personnel deal with
an HNS incident and it is essential that personnel know what HNS substances
they are handling, transporting or loading. There must be an appropriate levelto training given to all personnel likely to come in contact with HNS in theirplace of work.
The training should not be detailed otherwise personnel may become overconfident of their capabilities and put themselves or others into danger.
The following are suggested as being part of a one day briefing session for
those that will be directly involved in the handling of HNS in ports orinstallations.
1. What is a HNS, the chemical and physical behaviour, effects,
dangers and implications of a HNS
2. How is HNS handled and transported by sea and on land, wha t are
the potential hazards that these present to the employee.
3. How is HNS identified and labeled externally, what does it mean.
4. Understanding safe stowage, securing and incompatibilities.
5. Where can you get information on the HNS, explanation of material
safety data sheets (MSDS) and the IMDG.
6. What are the procedures to follow within the contingency plan forthe particular port or installation the personnel work in.
7. The employee should clearly understand the role and report actions
the employee should take in finding a potential or actual HNSincident.
8. Look at various incidents and see how they occurred and lessons to
be remembered for the employees in relation to their own work site.

This training requirement therefore requires the ship owner, port / installationand employer to have undertaken the relevant risk analysis for dealing withHNS and putting in place procedures to maximise the safe handling andminimise any risks to an acceptable level.
To do so means the employer needs to understand the pote ntial problems
and implications in dealing with HNS. I hope this paper has given on oversightand an introduction to HNS and the importance of contingency planning,
preparedness and training to be ready to handle an HNS incident safely when
it occurs.
In concluding my paper I intend to go through the outcome of some HNS
incidents that have occurred in the past, which hopefully will benefit others inthe future.

Acknowledgments
International Tanker Owners Pollution Federation Limited
International Oil Pollution Compensation Fund
DV Howells Ltd
IMO Publications and Library
IMarEST Marine Information CentreExamples of incidents involving Hazardous and Noxious Substances
Location

VesselHNSand year
Halifax, Canada,Montblanc

Explosives

Quantity

Incident

involvedconsequences2,600 tons

1917

Explosion, 3000 killed
9000 injuredTexas City, 1947

Grandcamp

Ammonium Nitrate

2,200 tons

Fire and explosion, 468
killed, 2nd vessel caught
fireandexploded

carrying sulphur andammonium nitrate
ItalianCoast, Cavtat

1974
Landskrona

Rene 16

Tetraethyl lead

150 tons in drums

Tetramethyl lead

120 tons in drums

Ammonia

180 tons

Sweden, 1976
North Sea,

Hose rupture, 2 deadshowered by ammonia

SindbadChlorine

52 one ton flasks

1979

Flasks lost at sea due torough weather

Adriatic coast,

Brigitta

1984

Montanari

Mogadishu port,Ariadne

1985

Vinyl chloride

62

1300 tons

chemicalsHerald of Free Undeclared

1987

EnterpriseFinisterre, Cason

1987
Dutch Coast,teus

population at risk. Sunkro-ro Over 500 tons

Capsized, hazards tofreight packages

salvage divers

Mixed

Fire and grounding, 23

dangerous 1,000 tons

cargo in packages
Anna Boere

1988

Sinking

IMDG-classed Over 750 tons in Grounded, fires, local

North Sea,

Cape

Collision and sinking

crew members perishedAcrylonitrile,

547 tons

Dodecylbenezene

500 tons

Collision and sinking

Italian Coast,

Alessandro

Acrylontrile,

550 tons

1991

Primo

Dichloroethane

1000 tons

Greek Islands

Tus

Sodium hydroxide

4,200 tons

Grounding

310 tons

Collision

1994
Chinese coast
1995

Sinking(Caustic soda)
Chung Mu

StyreneEnglish Channel, Grape 1Xylene

4000 tons

Sinking

Vinyl acetate

1750 tons

Fire, left abandoned,

1995
North

Scottish Multitank

Coast, 1999

AscaniaThames Estuary,Ever Decent

1999

threat to villages
Sodium cyanide,

Various teus in Collision with pax ship,potassium cyanide

vicinity

with fire,other flammables
English Channel, Iveoli Sun

Styrene,2000

ethyl ketone,

extensive

fighting, coastal threat

methyl 4000 tons, 1027 Sank
iso- tons, 997 tonspropylic alcohol

fire

undertow,

sunken cargo recovered
following year

North Sea, 2001

AB Bilbao

Ferro silicon

3300 tons

Bristol Channel,

Dutch

Hydrofluorosilicic

Two

2001

Navigatoracid

ISO tanks

South Africa,

Jolly Rubino

Fungicides, phenol, Various tons in Eng room fire spread toSept 2002

English Channel,

voronate,

Wester Till

Sept 2002
Japan,
October 2002

Eiwa Maru

Cargo hold explosion

damaged Damaged

ethyl containers

inholdduring storm

ship, abandoned, thenacetate, methyl iso-grounded. Fire, oil andbutyl ketone

chemical incident

Various chemicals Approx 200 tons

Fire threat to adjoining

adjacent to hold fire

hold with chemicals

Xylene500 tons

Sankaftercollision

with container ship