Tuesday, July 10, 2012

Dana crash: AIB, NCAA should not rule out contaminated fuel


Barely a week after the ill-fated Dana Air Flight 992 crashed into a residential community in the Iju-Ishaga area of Lagos, rumours started to circulate about contaminated aviation fuel being considered as a possible scenario. Within days there were all sorts of conflicting reports about the issue. One leading newspaper carried the headline, “Operators disagree over contaminated fuel theory”, whilst another stated, “Dana fuel may have been contaminated”.

Whilst both articles appear to be speculative, one does tend to wonder if, given the state of our petroleum sector which is ripe with corruption and poor oversight by regulators, this scenario has any credence. Over the years, the average Nigerian has become all too aware of the possibility of purchasing ‘bad fuel’. Granted there are no proven, or perhaps known cases of fuel contamination within the Nigerian aviation sector, but there have been incidents that have affected retail customers, notably motorists.

In 2008, an unprecedented ruling by the Department of Petroleum Resources (DPR), the government agency charged with regulating the Nigerian petroleum industry, sought to levy financial sanctions on a leading petroleum company based in Lagos, Nigeria. The DPR insisted that the marketer was liable for damages suffered by several motorists who had fueled their cars with the contaminated premium motor spirit (PMS), popularly known as petrol. The Nigerian marketer however refuted any liability and stated that it was going to begin legal proceedings against the Dutch firm who had fulfilled the supply order. The Dutch firm in turn refused to accept any responsibility stating that the fuel supplied was not contaminated and that the same specification had been supplied to other countries with no issues. The Dutch firm went on to state that any attempt to commence legal proceedings against it would be met with an appropriate response. To add a further twist to this bizarre story, the Nigerian marketer who imported the product stated that DPR had, as laid down by the laws of our nation, tested the fuel and approved it for discharge since its specifications upon delivery matched the specifications articulated in the certificate of quality issued at the loading port. 

Further investigations into the matter revealed that the fuel was indeed not contaminated in the strict sense of the word. Upon retesting, it was determined that the imported fuel had a higher content of ethanol then usually prevails in Nigeria. Though the fuel may have been an acceptable import for countries such as Brazil, Sweden and Columbia, it was obviously not acceptable for engines that were not calibrated to run on fuel with such high levels of ethanol. This case raises serious concerns about the reliable testing of fuels imported into and marketed in Nigeria.
And thus, one must wonder - if this could have happened with PMS, then is it not possible that this could have happened, or indeed be happening with aviation fuel?
We know that this case of ‘bad fuel’ had adverse effects on motor vehicles, but is it possible that ‘bad jet fuel’ could have the same effect on an airplane? Information available in the public domain seems to suggest that though fuel contamination is a rare cause of aviation incidents it is nonetheless a possibility that expert aviation accident agencies do not rule out. In fact, it is standard procedure for investigators from organisations such as Nigeria’s Accident Investigation Bureau (AIB) and America’s National Transportation Safety Board (NTSB) to inspect fuel samples when an aviation incident occurs. This is part of the general data collected when investigating almost any aviation incident, especially when engine failure is deemed to have occurred.

Let’s start by reviewing the basic definition of ‘fuel contamination’. Simply put, fuel contamination covers any substance that is found in a sample of fuel that should not be there. Aviation Online Magazine, a leading industry periodical states that there three primary types of contaminates commonly associated with fuel contamination - water, solids and microbial growths. Now let’s juxtapose this definition with the case mentioned earlier, i.e. a situation where the fuel is technically not contaminated but rather is of the wrong grade in that it has a higher percentage of a compound which is suitable for other purposes. This allows us to quickly draw a clear distinction between contaminated fuel and   a non-compliant grade of fuel.
A brief search on the internet reveals that both situations i.e. contaminated fuel or non-compliant grade of fuel is capable of damaging any type of engine or engine management system - motor vehicle, generator or jet-engine. In 2011, Air traffic control at Ben Gurion International Airport, Israel’s largest airport, halted all flights due to contamination discovered in the airport’s jet fuel supply. Possible air disasters were thus averted as a result of Israeli airport’s strict monitoring processes and technical expertise.

A deeper search also reveals that there have indeed been cases of aircraft engines suffering mild to catastrophic damage as a result of contaminated or non-compliant fuel loads. Months before the incident at Ben Gurion, a Tiger Airways Airbus A320 was grounded for fuel tank contamination. In 2010, flight 780, an Airbus A330 operated by Cathay Pacific suffered a near catastrophic disaster when it was forced to land at twice the normal speed due to engine system failure. Investigations conducted by a team of accident investigators from Japan, France, United Kingdom, Indonesia, and America indicated that the aircraft had suffered engine failure due to contaminated fuel loaded at Juanda International Airport, Indonesia.
Considering the facts out there, it is essential that speculation or otherwise, the AIB must not rule out the possibility of fuel contamination or non-compliant fuel as possible scenarios that led to the tragedy of Dana Air flight 992. Moreover, the NCAA and DPR should cooperate to ensure that Jet fuel supplied to Nigeria meets the standards required for the various models of aircraft operating in the country and that the loading, storage and discharge systems used in delivering fuel to end-users are well maintained so as to reduce the possibility of fuel contamination. Stiff penalties should be levied on marketers, local or foreign and agents of the regulatory body who do not take the necessary precautions as negligence in this regard is tantamount to sabotage.
 
Segun Adeniyi
Legal Practitioner
Lagos

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