Engine Fuel Specifications Amendment Regulations 2022
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2022/209
Engine Fuel Specifications Amendment Regulations 2022
Cindy Kiro, Governor-General
Order in Council
At Wellington this 4th day of July 2022
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 35(1)(c) of the Energy (Fuels, Levies, and References) Act 1989 on the advice and with the consent of the Executive Council.
Contents
Regulations
1 Title
These regulations are the Engine Fuel Specifications Amendment Regulations 2022.
2 Commencement
These regulations come into force on 26 August 2022.
3 Principal regulations
These regulations amend the Engine Fuel Specifications Regulations 2011.
4 Regulation 5 amended (Interpretation)
(1)
In regulation 5(1), revoke the definition of marine use.
(2)
In regulation 5(1), insert in their appropriate alphabetical order:
Annex VI means Annex VI of MARPOL (regulations for the prevention of air pollution from ships)
bunker delivery note or BDN, in relation to marine fuel oils, is a document that meets the requirements specified in regulation 20B
distillate fuel means fuel categorised in table 1 of ISO 8217 that is used as marine fuel oil
marine fuel oil means any engine fuel other than petrol delivered to a ship, and intended for combustion purposes for propulsion or operation on board a ship, including gas, distillate, and residual fuels
MARPOL—
(a)
means the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating to the convention; and
(b)
includes any subsequent protocol or amendment to, or revision of, that convention accepted or ratified by New Zealand
residual fuel means fuel categorised in table 2 of ISO 8217 that is used as marine fuel oil
ship, for the purposes of implementing Annex VI, means a ship within the meaning of Article 2(4) of MARPOL
5 New regulation 11A inserted (Requirements relating to marine fuel sold by retail sale)
After regulation 11, insert:
11A Requirements relating to marine fuel oil sold by retail sale
Marine fuel oil must—
(a)
be fit for common purposes; and
(b)
have properties that conform to the limits specified in Schedule 2 when tested by the methods specified in that schedule.
6 New regulation 17A inserted (Requirements relating to marine fuel oil sold by non-retail sale)
After regulation 17, insert:
17A Requirements relating to marine fuel oil sold by non-retail sale
(1)
Marine fuel oil must—
(a)
be fit for common purposes; and
(b)
have properties that conform to the limits specified, or calculated in accordance with the requirements referred to, in table 1 of Schedule 5 when tested by the methods specified in the relevant table in that schedule.
(2)
Every supplier of marine fuel oil for non-retail sale must disclose the kinematic viscosity and density of the marine fuel oil in accordance with the information requirements referred to in table 4 of Schedule 5.
(3)
It is sufficient for marine fuel oil sold by non-retail sale to comply with the requirements of this regulation, regardless of the nature of the marine fuel oil.
(4)
In this regulation, disclose means providing the information required—
(a)
at the time of sale of the marine fuel oil; and
(b)
in a manner such that a consumer can reasonably access and understand the information.
7 Regulation 20 amended (Sampling of engine fuel)
After regulation 20(1), insert:
(1A)
However, nothing in subsection (1) applies to marine fuel oils (see regulation 20C for sampling requirements, and regulation 20D for testing requirements, relating to marine fuel oils).
8 New regulations 20A to 20D inserted
After regulation 20, insert:
20A Application of regulations 20B to 20D
Regulations 20B to 20D apply—
(a)
only to ships of 400 gross tonnage or more; and
(b)
only to marine fuel oils that are not in gaseous form.
20B Requirements for bunker delivery note or BDN
(1)
Every wholesale supplier or retailer of marine fuel oils delivering marine fuel oils to ships must complete a bunker delivery note in accordance with, and containing all the information referred to in, Schedule 6.
(2)
Every wholesale supplier or retailer of marine fuel oils delivering marine fuel oils to ships must—
(a)
keep, for a period of not less than 3 years, a copy of every bunker delivery note; and
(b)
make a bunker delivery note available for inspection and verification, at all reasonable times, when the Secretary so requests in writing.
20C Requirements for representative sample of marine fuel oils
(1)
Every wholesale supplier or retailer of marine fuel oils delivering marine fuel oils to ships must ensure every bunker delivery note is associated with, or accompanied by, a representative sample of marine fuel oil.
(2)
The sample of marine fuel oil must be obtained in accordance with current applicable guidance issued by or on behalf of the International Maritime Organization.
(3)
On completion of bunkering operations, every representative sample of marine fuel oil must be sealed and signed by—
(a)
the supplier’s representative; and
(b)
the master of the ship or the ship’s officer in charge of the bunkering operation.
(4)
Every representative sample of marine fuel oil and associated BDN must be delivered by the supplier’s representative to—
(a)
the master of the ship; or
(b)
the ship’s officer in charge of the bunkering operation.
20D Testing for marine fuel oils
(1)
For the purposes of completing a bunker delivery note, suppliers of marine fuel oils must ensure that density and sulphur levels of marine fuel oils are tested in accordance with the following corresponding standards:
(a)
density levels—ISO 3675, ISO 12185, ASTM D1298, or ASTM D4052:
(b)
sulphur levels—ISO 8754, ISO 14596, or ASTM D4294.
(2)
Information relating to the density and sulphur content of marine fuel oil recorded in a bunker delivery note is considered acceptable if, on testing the marine fuel oil on board a ship, the density and sulphur content is found to be compliant with the requirements of Schedule 2 or 5 (as relevant).
9 Regulation 22 amended (Offences)
Replace regulation 22(b) with:
(b)
fails to comply with a request made under regulation 20(5); or
(c)
recklessly alters marine fuel oil in a way that it no longer conforms to the declaration in the bunker delivery note completed in accordance with item 10 of Schedule 6; or
(d)
supplies, or makes available for supply, any marine fuel oil other than in accordance with regulations 20B to 20D.
10 Schedule 2 amended
(1)
In the Schedule 2 heading, after “9,”
insert “11A,”
.
(2)
In Schedule 2, footnote 9, delete “Sales for marine use may be summer grade at any time of the year.”
(3)
In Schedule 2, delete footnote 10.
11 New Schedules 5 and 6 inserted
After Schedule 4, insert the Schedules 5 and 6 set out in the Schedule of these regulations.
Schedule New Schedules 5 and 6 inserted
Schedule 5 Requirements for marine fuel oils
r 17A
Table 1: Requirements for marine fuel oils
| Properties | Limits | Test method | ||
|---|---|---|---|---|
| Cetane index1 | In accordance with table 2 of this schedule | ISO 4264 or ASTM D4737 | ||
| Calculated Carbon Aromaticity Index (CCAI)2 | In accordance with table 3 of this schedule | ISO 3104 or ASTM D445 and ISO 3675 or ISO 12185 |
||
| Sulphur (% m/m) | 0.5 maximum3 | ISO 8754, ISO 14596, or ASTM D4294 | ||
| Flash point (°C) | 60.0 minimum4 | ISO 2719 or ASTM D93 | ||
| Hydrogen sulphide (mg/kg) | 2.0 maximum | IP 570 | ||
| Acid value (mg/KOH/g) | 2.5 maximum5 | ASTM D664 |
Table 2: Cetane index for distillates as function of density and distillation properties6
| Property | Limit | Range/Value | |||
|---|---|---|---|---|---|
| Viscosity mm2/sec | Min to max7 | 1.4 to 5.5 | 2.0 to 6.0 | 2.0 to 11.0 | |
| Density kg/m3 | Max | No limit applies | 890.0 | 900.0 | |
| Cetane index | Min | 45.0 | 40.0 | 35.0 | |
Table 3: CCAI for residuals as function of viscosity and density
| Property | Limit | Range/Value | ||||||
|---|---|---|---|---|---|---|---|---|
| Viscosity, mm2/sec | Max | 10.0 | 30.0 | 80.0 | 180.0 | 180.0 to 700.0 | 380.0 to 700.0 | |
| Density, kg/m3 | Max | 920.0 | 960.0 | 975.0 | 991.0 | 991.0 | 1010.0 | |
| CCAI | Max | 850.0 | 860.0 | 860.0 | 860.0 | 870.0 | 870.0 | |
Table 4: Information requirements
| Properties | Test method | |
|---|---|---|
| Kinematic viscosity8 | ISO 3104 or ASTM D445 | |
| Density | ISO 3675, ISO 12185, ASTM D1298, or ASTM D4052 |
Schedule 6 Information required for bunker delivery note
r 20B
1
Name of receiving ship
2
IMO number of receiving ship
3
Product name (marine fuel oil)
4
Name of port
5
Date of commencement of delivery
6
Name, address, and telephone number of marine fuel oil supplier
7
Quantity of marine fuel oil delivered (in metric tonnes)
8
Density9 of marine fuel oil delivered at 15°C (kg/m3)
9
Sulphur content10 (% m/m)
10
A declaration signed and certified by the marine fuel oil supplier’s representative that the fuel oil supplied is in conformity with regulation 18.3 of Annex VI of MARPOL and that the sulphur content of the fuel oil supplied does not exceed—
(i)
the limit value given by regulation 14.1 of Annex VI of MARPOL; or
(ii)
the limit value given by regulation 14.4 of Annex VI of MARPOL; or
(iii)
the purchaser’s specified limit value of ____ (% m/m), as completed by the fuel oil supplier’s representative and on the basis of the purchaser’s notification that the fuel oil is intended to be used—
(A)
in combination with an equivalent means of compliance in accordance with regulation 4 of Annex VI of MARPOL; or
(B)
in a way that is subject to a relevant exemption for a ship to conduct trials for sulphur oxides emission reduction and control technology research in accordance with regulation 3.2 of Annex VI of MARPOL.
Rachel Hayward,
Acting Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 26 August 2022, amend the Engine Fuel Specifications Regulations 2011 (the principal regulations).
The amendments to the principal regulations give effect to some of New Zealand’s international obligations following New Zealand’s accession to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL). Annex VI of MARPOL enters into force for New Zealand on 26 August 2022.
Regulations 1 to 3 give the title and commencement date of these regulations and identify the principal regulations being amended.
Regulation 4 amends regulation 5 (interpretation) by revoking the definition of marine use and inserting new definitions of Annex VI, bunker delivery note, distillate fuel, marine fuel oil, MARPOL, residual fuel, and ship.
Regulation 5 inserts new regulation 11A which provides requirements relating to marine fuel oil sold by retail sale.
Regulation 6 inserts new regulation 17A which provides requirements relating to marine fuel oil sold by non-retail sale.
Regulation 7 amends regulation 20 (sampling of engine fuel) to clarify that the provisions relating to the sampling of engine fuel do not apply to marine fuel oils.
Regulation 8 inserts new regulations 20A to 20D, which relate to marine fuel oils and their use in ships of 400 gross tonnage or more, requirements for bunker delivery notes, requirements for representative samples of marine fuel oils, and testing for marine fuel oils.
Regulation 9 amends regulation 22 (offences) by providing new offences for breaches of requirements relating to marine fuel oils.
Regulation 10 amends Schedule 2 (requirements for diesel) by amending the heading, deleting words from footnote 9, and deleting footnote 10 to align with the other amendments made by these regulations relating to marine fuel oils.
Regulation 11 inserts new Schedules 5 (requirements for marine fuel oils) and 6 (information required for bunker delivery note).
Date of notification in Gazette: 7 July 2022.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
1 Applies only to distillate fuels.
2 Applies only to residual fuels.
3 Unless the ship has an approved scrubber that produces equivalent emissions to those produced by 0.5% sulphur fuels.
4 For distillates of the DMX category according to ISO 8217 (which has a max viscosity of 5.5 mm2/sec) the minimum flash point is 43°C (see table 2 of this schedule).
5 For residual fuels only. For distillate fuels, 0.5 maximum.
6 For the calculation of cetane index the 10%, 50%, and 90% (vol/vol) recovery points are needed.
7 Fuels that fall within the first column under the Range/Value heading must have in all seasons the cloud point maximum of −16°C.
8 Viscosity is categorised according to categories ISO-F-XXX where XXX is a 3-letter code in tables 1 and 2 in ISO 8217.
9 Must be tested in accordance with ISO 3675, ISO 12185, ASTM D1298, or ASTM D4052.
10 Must be tested in accordance with ISO 8754, ISO 14596, or ASTM D4294.
Versions
Engine Fuel Specifications Amendment Regulations 2022
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