Statement Regarding Alleged MARPOL Sulphur Limit Violation

To Whom It May Concern,

This statement addresses the alleged violation of MARPOL Annex VI regulations regarding sulphur limits, following a Port State Control (PSC) inspection and fuel oil sample analysis upon our vessel's arrival in a SECA (Sulphur Emission Control Area) zone. We acknowledge the findings presented by the Port State Authority and are committed to full compliance with all international and national environmental regulations.

We wish to present the following possibilities that could contribute to an inaccurate assessment of the vessel's compliance during the period in question, focusing on potential issues with the fuel oil changeover process or the sampling methodology.

Possibilities of Incorrect Fuel Oil Changeover Process

The changeover from High Sulphur Fuel Oil (HSFO) to Low Sulphur Fuel Oil (LSFO) is a critical and complex procedure designed to ensure that the vessel operates within the prescribed sulphur limits upon entering a SECA. Several factors can inadvertently lead to residual HSFO remaining in the system, even when all crew actions are performed in good faith:

1. Insufficient Flushing Time or Volume:
   • The time allocated for flushing the fuel oil system (lines, pumps, filters, service tanks) might have been underestimated, leading to an incomplete purge of HSFO.
   • The volume of LSFO used for flushing may have been insufficient to displace all traces of the previous fuel, especially in longer or more complex piping arrangements.
2. Residual Fuel in Tanks and Lines:
   • Despite draining and flushing, pockets of HSFO could remain in "dead legs," low points, or un-drainable sections of the piping system.
   • Cross-contamination from inadequately segregated tanks or lines, particularly if the system design does not allow for complete isolation or drainage.
   • Fuel oil service tanks, even after being switched to LSFO, may retain a thin film of HSFO on internal surfaces, which could gradually mix with the new fuel.
3. System Design Limitations:
   • The vessel's fuel oil system, while compliant with design standards, might have inherent complexities or limitations that make a 100% complete and immediate changeover challenging in practice.
   • Inefficient stripping arrangements for fuel oil tanks or inadequate purging capabilities of specific fuel lines.
4. Operational Variables and Human Factors:
   • Variations in fuel oil temperature and viscosity during the changeover could affect the efficiency of flushing. Higher viscosity of HSFO might make it harder to completely clear from the system.
   • While standard operating procedures (SOPs) are strictly followed, the intricate nature of the process means that even minor deviations or unforeseen operational conditions could impact the thoroughness of the changeover.

Possibilities of Incorrect Sampling Process

The accuracy of the fuel oil sample is paramount in determining compliance. Any deviation from established sampling protocols can lead to a non-representative or contaminated sample, thus yielding misleading analytical results:

1. Non-Representative Sample Collection:
   • Timing of Sample: The sample might have been taken too soon after the declared completion of the changeover, before the LSFO had fully circulated and stabilized throughout the entire fuel system (e.g., after the engine had consumed enough LSFO to clear all remnants of HSFO from the final stages of the supply line).
   • Sampling Point: The sample may have been drawn from a point in the system that does not accurately reflect the fuel being consumed by the main engine at the time of inspection (e.g., from a stagnant line, a bypass line, or a point upstream of where full mixing or purging has occurred).
   • Insufficient Purging of Sampling Line: The sampling line itself might not have been adequately flushed with the LSFO before the sample was drawn, leading to contamination from residual HSFO within the sampling apparatus.
2. Contamination During Sampling:
   • External Contamination: Introduction of foreign matter or traces of HSFO from external sources (e.g., dirty sampling equipment, uncleaned containers, or improper handling by personnel).
   • Cross-Contamination from Previous Samples: If sampling equipment was not thoroughly cleaned between different fuel types or samples, cross-contamination could occur.
3. Improper Sample Handling, Sealing, and Labeling:
   • Incorrect Sealing: Failure to properly seal the sample bottle immediately after collection can lead to evaporation of lighter components or ingress of contaminants.
   • Inadequate Labeling: Errors in labeling (e.g., incorrect date, time, or fuel type) could lead to misidentification of the sample.
   • Storage Conditions: Improper storage conditions (e.g., exposure to extreme temperatures, direct sunlight) during transit to the laboratory could alter the sample's properties.
4. Laboratory Analysis Errors:
   • Calibration Issues: The analytical equipment at the laboratory might have been improperly calibrated, leading to inaccurate readings.
   • Methodology Deviations: Deviations from the prescribed ISO 8217 or other relevant analytical standards during laboratory testing.
   • Human Error in Analysis: Errors during sample preparation or analysis by laboratory personnel.

We respectfully request a thorough review of the changeover procedures documented by the vessel's crew and the detailed methodology employed during the PSC sampling process. We are prepared to provide all relevant logbook entries, bunker delivery notes, and internal records pertaining to the fuel oil changeover and consumption to facilitate a comprehensive investigation.

We are confident in our vessel's operational integrity and our crew's adherence to safety and environmental protocols. We believe a detailed examination of these possibilities will clarify the circumstances surrounding the alleged violation.

Sincerely,

[Your Name/Vessel Management]

[Your Title/Company]

[Date]