１

Current Situation and Issues on
Response/Preparedness to Oil andChemical Spills

Director, Marine Environment Protection andDisaster Prevention Division,
Guard and Rescue Department,
Japan Coast Guard (JCG)

M i t su yo sh i No ma t a

OSR System Confirmed to Marine Pollution Prevention Law

２Discharged oil or noxious liquid substance in large quantity※

Obligation to station material andequipment for countermeasures(Article 39-3 - Article 39-5)

Obligation to report of the condition of the discharge andthe like (Article 38)
The master of the ship and others ⇒ Agency of JCGObligation for emergency measures of the masters of theship and the like (Article 39 .1)
Obligation for countermeasures of the owners of the ship
and the like (Article 39 .2)* In the 2006 revision, in addition to
specified oil, oil other than specified
oil, and harmful liquid substanceswere included in the objectives.

When it is difficult to undertake countermeasures by the polluters alone
Consignment of countermeasures

When necessary countermeasures are not taken
When there is no time to order to polluter
Command of countermeasures to the ownersof the ship and the like by Commandant ofJCG (Article 39.3③)
When necessary countermeasures are not taken

Request of countermeasures to heads and the like of
relevant administrative agencies by Commandant of JCG(Article 41- 2 (1))

Cleanup direction to Maritime Disaster Prevention
Center by Commandant of JCG (Article 42-26 ①)

Implementation of countermeasures by Maritime Disaster Prevention Center
Implementation based on instruction by Commandant of JCG: Article 42 (1)Implementation based on consignment by a ship owner and others: Article 42 (2)Implementation of countermeasuresby relevant administrative agencies
and others (Article 41- 2 (1))

Implementation of countermeasures
by JCG(Japan Coast Guard Law Article 5 (11))

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３Response System in JCG

Dispatch of patrol vessels from adjacent station
At the JCG bases and stations (131) nationwide,
patrol vessels (356) are deployed and 24-hour
immediate response system is maintained.

Yokohama National
Strike Team Base
National strike team:
4-member team x 3(In FY 2007, one team with 4
members added)

Dispatch of "National strike team" - a team of experts who havehigh expertise and skills concerning countermeasures against oilspills, etc. - using aircraft of JCG
Guidance and advice about the countermeasures measures which
polluters should take, and implementing own countermeasures
measures in case of emergency

Government’s Response Systems in case of Large-scale Incidents

４("Basic Plan for Disaster Prevention" based on Disaster Countermeasures Basic Law)

Establishment of Disaster Countermeasure HQWhen large-scale damage is confirmed according to collected information, a Disaster Countermeasure HQ(director-level of relevant ministries and agencies) headed by the Minister of Land, Infrastructure andTransportation, is established at the Ministry.

Social Impact

Degree of Damage
Scale of Incident

Summoning of emergency response teams and cabinet meetings○When an incident occurs or possible occurs a large-scale maritime disaster with a major social impact, theCabinet Secretariat summons the Emergency Response Team (director-level of relevant ministries andagencies) to the Prime Minister’s office and collects information concerning initial countermeasures.
○When necessary, the government holds an emergency meeting between the Prime Minister and the Chief
Cabinet Secretary and related ministers to discuss the basic response policy, response systems and otherimportant matters concerning the response.

Establishment of Precautionary Headquarters and others
When considered necessary to ensure the emergency response is effectively tailored to the scale of the incident
and expected damage area, a Precautionary Headquarters (Section chief-level of relevant ministry andagency) headed by the Commandant of JCG is established at JCG.
Occurrence ofAccident

Holding liaison conference between relevant ministries and agencies
A relevant ministries and agencies liaison conference (Section chief-level of relevant ministry andagency) is held for confirmation, sharing and adjustment of emergency measures according to theprimary information about the incident and damage.

2５Major Plans for Oil Spill Response"Basic Plan for Disaster Prevention" and others
based on Disaster Countermeasures Basic Law
The role-sharing, cooperation and others are prescribed
between the national government, local governments,
designated public agencies and others.

“Regional Contingency Plan for Oil Pollution
Preparedness and Response“ based on
Marine Pollution Prevention Law
According to the characteristics of the sea area, such as vessel traffic,
conditions of the sea and weather and others, the surrounding sea
areas of Japan are divided into 16 sea area, and deployed targets forcountermeasures equipment are regulated for assumed incidents.

"National Contingency Plan for Oil Pollution Preparedness and Response " (Cabinet Decision)
The "Basic Plan for Disaster Prevention" and “Regional Contingency Plan for Oil Pollution Preparedness andResponse" were made up so that oil pollution incidents can be dealt with immediately and thoroughly. The
countermeasures which relevant companies, local governments and administrative agencies should take, areprovided exhaustively establishment of the response system, deployment of equipment and others asreparations, and establishment of the government’s response system, information sharing, implementation ofcountermeasures as response to an incident.

Amount ofcompensation

６Compensation for Tanker Oil Pollution Damage

750 million SDR(Approximately120 billion yen)Supplementary Fund Compensation
The 2003 Protocol to the International Convention on the Establishmentof an International Fund for Compensation for Oil Pollution Damage,
1992: The 2003 Supplementary Fund Protocol

203 million SDR(Approximately32 billion yen)International Fund Compensation
International Convention on the Establishment of an International Fundfor Compensation for Oil Pollution Damage,1992: 1992 FundConvention

89.77 million SDR(Approximately
14.4 billion yen)

Shipowner Compensation(The Law on Liability for Oil Pollution Damage (Law No. 95 of 1975)

4.51 million SDR(Approximately 720
million yen)

5,000 GT

140,000 GT

Gross tonnage(* 1 SDR = 160 yen)3

Compensation Concerning a Ship other than Oil tanker Oil Pollution Damage ７
Amount ofcompensation

96.8 million SDR(Approximately
15 billion yen)

Shipowner Compensation

48.8 million SDR(Approximately
7.8 billion yen)

* Minimum insurance amount to compensate forproperty damage and other damage

The Law on Liability for Oil Pollution Damage (Law No. 95 of 1975)
The Law Relating to Limitation of Ship Owner's Liability (Law No.94 of 1975)

4 million SDR(Approximately640 million yen)
2,000 GT

30,000 GT

70,000 GT

Gross tonnage(*1 SDR=160 yen)

Outline of Revision of the Law on Liability for Oil Pollution Damage in 2004

[Expansion of the amount of compensation for damage caused by tanker oil pollution]
Introduction of the compensation system by the supplementary fund based on the 2003 Supplementary Fund Protocol[Stronger protection for victims of oil pollution damage caused by a ship other than oil tanker and removal of a grounded vessel]○ Compulsory insurance contract
Compulsory insurance contract (to indemnify for damage caused by fuel oil spill and removal of a grounded vessel) to an
ocean vessel larger than 100 GT.
○ Limitation and others of entry of a vessel whose the owner has not contracted a insurance
Prohibition of entry of a vessel whose the owner has not contracted a insurance, command for insurance contract, commandof navigation suspension, and others

Preparation for Countermeasures Equipment According to Various Laws

８

"Presidents of facilities where 500 kl or more of specified oil can be stored" and"managers of mooring facilities where tankers of 150 gross tonnage or larger
loaded with specified oil can be moored" should prepare oil booms, dispersant,oil adsorbent and others based on the Marine Pollution Prevention Law.

"Specific companies" should prepare oil booms, oil boom extender boats, oilrecovery vessels, oil recovery equipment and others in their own disaster prevention
organizations based on the Petrochemical Complex Disaster Prevention Law.

"Owners of tankers of 150 gross tonnage or larger loaded withspecified oil navigating in a port, Tokyo Bay, Ise Bay, Seto Inland
Sea or Kagoshima Bay" should prepare oil booms, dispersant, oil
adsorbent and others based on the Marine Pollution Prevention Law.
"Owners of tankers of 5,000 gross tonnage or larger loadedwith specified oil navigating in Tokyo Bay, Ise Bay or theInland Sea" should prepare oil recovery vessels, oil recovery
equipment and others based on the Marine Pollution PreventionLaw.

On many domesticvessels, cleanup
equipment is mounted.
As for ocean vessels,
the cleanup operationis commissioned tothe Maritime Disaster
Prevention Center.

"Owners of tankers of 150 gross tonnage or larger loaded with oil other than specified oil, or loaded with noxious
liquid substances, that navigate Tokyo Bay, Ise Bay and the Inland Sea should prepare oil booms, oil recovery
equipment, and cleanup personnel and others according to the Marine Pollution Prevention Law. (Enforced on April 1,2008.)

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LargeLargeResponse
ResponseEquipments
EquipmentsOwned
Ownedby
byJCG
JCG

Large vacuum type oil Skimmer(Abashiri)

LSC (Wakkanai)[Equipment owned by JCG]

９

As of October 2006
LSC (Monbetsu)

High-viscosity oil Skimmer (LSC, capacity: 25 kl/h) x 10 units
Large vacuum type oil Skimmer (capacity: 60 kl/h) x 1 unit

Off shore type oil boom (Length: 300 m) x 3 units

Off shore oil boom (Hakodate)Materials relating to large oil recovery equipment (Outrigger, V-sweep)
x 3 units

Large vessel for dredging and oilrecovery (Niigata)[Equipment owned by relevant ministries and agencies]

V sweep

Large vessel for dredging and oil recovery (Port and HarborsBureau) x 3 units
Large oil recovery equipment (Translec, capacity: 250 kl/h, Marine
Disaster Prevention Center) x 1 unit

Outrigger

Materials relating to large oil recovery
equipment (Abashiri)

Off shore oil boom (Niigata)

LSC (Shiogama)Materials relating to large oil recovery equipment (Niigata)
LSC (Fushiki)
Large vessel for dredging and oil recovery(Kitakyushu)

Large vessel for dredging
and oil recovery (Nagoya)

LSC (Fukui)

LSC (Yokohama)

LSC (Fukuoka)

Translec (Marine Disaster Prevention

Center, Kitakyushu)

Materials relating to large oil recoveryequipment (Fukuoka)
Off shore oil boom (Fukuoka)

LSC (Kochi)

LSC (Kagoshima)

LSC (Naha)* Oil which is collected by open sea-type oil booms and materials relating to large oilrecovery equipment is recovered by mobile oil recovery equipment. (capacity: 10 kl/h, 25systems)

Equipment
EquipmentStations
StationsofofMarine
MarineDisaster
DisasterPrevention
PreventionCenter
CenterTomakomai

Provided with oil spill combating equipment(33 stations)Muroran

Oil boom (54,360 m)
Oil adsorbent (106 t)
Dispersant (218 kl)

Hakodate

Oil recovery equipment stationed(10 stations)
Large oil recovery equipment stationed(1 station)

Akita Funagawa
Mutsu Ogawara

Iwakuni

Kuji

Niigata

Osaka (Senboku)

Tokuyama Kudamatsu

10HimejiSendai

Fushiki Toyama

Mizushima

Fukui

Ube

OnahamaKanmonKashima

Moji
Chiba
Kamigoto

Irago
ImabariNagasakiMatsuyama

Kushikino
Kiire

Oita

Yokosuka

Yokkaichi
Owase
Wakayama Shimozu

Kin Nakagusuku

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Problems Concerning the Incident Response to Discharged Oil and HNS
Environment Basic Law (Law No. 91 of 1993) (Former Basic Law for Environmental
Pollution Control (Law No. 132 of 1967))

Polluter-Pays Principle

Not only cost is burdened by the polluter (Article 37), but also responsibility to "takenecessary measures to prevent pollution and to properly protect the naturalenvironment" is stipulated as the obligation of business owners (Article 8). In addition,legislative measures to implement policy for environmental protection are requested
to the Government. (Article 11 and others)
As practical individual rules:

Marine Pollution Prevention Law(Law No. 136 of 1970)○ Obligation to report of discharged oil and HNS○ Obligation to take emergency measures by the master of the ship and the like for an oil spill○ Obligation to clean up an oil spill by the owners of the ship and the like for an oil spill○ Obligation to provide equipment (To secure effectiveness of cleanup obligation; enforced in 1973)○ Obligation to station oil recovery boat and others (Triggered by the Mizushima Industrial
Complex Accident of 1974, enforced in 1976)○ The ship owner's obligation to pay the cost of countermeasures
etc.

Some complaints on the current system?

Is it necessary to review current setup in views oftechnological improvement and situational changes?

12Facts and Suggestions
Present problems○

Oil booms, oil adsorbent and others are kept on
many domestic vessels, however it is difficult for the crews
to carry out combating with such equipment in case of an accident.

○

As for petrochemical complexes, equipments conformed to
not only the Petrochemical Complex Disaster Prevention Law,but also the Marine Pollution Prevention Law
should be prepared.

○Between a petrochemical complex and a vessel,
equipments are used mutually only within a limited scope.
(⇒ Could such mutual use reduce the cost?)[Some revision to be made]○ Irrespective of the performance of a dispersant,a uniform amount according to the vessel
tonnage is mandated.
⇒ From this April, the amount of dispersant to be
kept will be changed from a uniform amount toan effective amount with which spilled oil canbe dispersed according to the particularperformance and others of the dispersant.

It is expected that the parties concerned in the oil
Case of a Foreign Country (U.S.A.)

industry, the shipping industry, the administrativePetrochemical complexes and vessels are requested
to develop a contingency plan, rather than to installequipment.
○ In a contingency plan, consignment to qualified
Individuals (QI) who are specialist to respond in an
emergency should be included as the necessary term.
(⇒In Japan, anyone can join the oil cleanup operation.)

agency and the like will collect various information,○and discuss a functional and efficient response
system sincerely while considering the current
situation.

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