The British Virgin Islands Agency Report

1. The British Virgin Islands Agency Report HazMat Events CRRT May 2009 Simone Lettsome-Nibbs BVI Department of Disaster Management

2. OUTLINE • Summary Of Outstanding HazMat Incidents • 2009 HazMat Incidents • Road Harbour, Tortola: January 5th • Jost Van Dyke: February 24th • Port Purcell Roundabout, Tortola: March 13th • Skelton Building (Parking Lot) Road Reef, Tortola: March 24th • Public Road: Great Mountain, Huntum’s Ghut, Station Avenue, Road Town Police Station to Stop Light: March 27th • Road Harbour, Tortola: April 9th • 2009 Focus • Importation of Petroleum Products • Draft Oil Spill Prevention Act, 2009 • Draft Oil Spill Contingency Plan

3. Summary of Outstanding Claims

4. Summary of Outstanding Claims

5. 2009 HazMat Incidents

6. Importation of Petroleum Products • Illegitimate Importation of Fuel • Vessels from St. Vincent & Grenada purchase subsidized fuel from Trinidad & Tobago under the guise of fueling up local vessels out in the harbour • Instead they are diverting to BVI and selling the fuel out at sea via vessel to vessel transfer • The fuel is subsequently transported on land and used mainly heavy equipment operators

7. Importation of Petroleum Products Issues • Integrity of Vessels – many vessels do not have insurance and requisite safety equipment on board • Environmental Impact – increased possibility of a fuel spill; clean up costs will be borne by limited local response capacity • Loss of Revenue – Customs duties • Effects on Petroleum Industry – illegitimate imports have the potential to destabilize land based businesses that import fuel.

8. Importation of Petroleum Products What Is Being Done to Address the Problem • Several meetings were held with HM Customs, BVI Ports Authority, VI Shipping Registry, Marine Police, Environmental Health and Conservation & Fisheries • Discussions were held to identify the issues surrounding the arrival and inspection of vessels and cargo; to determine how resources can be better used; overseeing the pumping of petroleum products; and how information sharing can be improved.

9. Importation of Petroleum Products Coming out of these meetings, it was noted that there are no specific regulations in place to address: • The licensing, transport, storage, distribution of hazardous materials; • The licensing, transport, storage, distribution of petroleum products at land; • The licensing, transport, storage, distribution of petroleum products at sea.

10. Importation of Petroleum Products The notes and findings from the multi-agency meetings were forwarded to the Ministry of Communications and Works for review and consideration for inclusion in the Draft Oil Spill Prevention Act, 2009 which is currently being finalized and within other regulations to be drafted under the Petroleum Ordinance Chapter 128.

11. Draft BVI Oil Spill Prevention Act, 2009 • Mr. Leonard Reed, from the USVI, was contracted as the consultant to assist in re-drafting the BVI Petroleum Regulations: Draft of the BVI Oil Spill Prevention Act, 2009. He has submitted a first draft. • There was a meeting held on February 17th, 2009 with the Minister for Communications and Works, the Consultant and stakeholders.

12. Draft BVI Oil Spill Prevention Act, 2009 • Feedback and Concerns Raised by the Attendees • A “spill” should be clearly defined, i.e. what volume constitutes a spill or whether any amount is considered a spill. • Policy should not be limited to oil only, should be expanded to include other hazardous materials. • Companies should have trained personnel and resources on hand to clean up their own spills. • There should be Administrative hearings for fines. • A draft BVI National Oil Spill Contingency Plan exists, many stakeholders were not aware of its existence.

13. Draft BVI Oil Spill Prevention Act, 2009 • The Consultant clarified issues necessary to complete certain sections. • Issues identified are to be incorporated into the document and further reviewed by the stakeholders. • Document is expected to be finalized this year.

14. Draft BVI Oil Spill Contingency Plan • A Consultant has been contracted to review the existing plan; • Facilitate stakeholder meetings; • Present proposed changes for comment; • Revise the plan and provide draft for comments; incorporating those comments to finalize the document. • This document is to be completed for approval by Cabinet by the end of 2009.

15. Thank You for listening!