Regulation of ship pollution in the United States
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters.
International laws and regulations
Federal laws and regulations
In the United States, several federal agencies have some jurisdiction over ships in U.S. waters, but no one agency is responsible for or coordinates all of the relevant government functions. The U.S. Coast Guard and Environmental Protection Agency (EPA) have principal regulatory and standard-setting responsibilities, and the Department of Justice prosecutes violations of federal laws. EPA and the Department of Defense (DOD) began jointly issuing Uniform National Discharge Standards ("UNDS") for armed forces vessels in 2017.[4]
In addition, the Department of State represents the United States at meetings of the IMO and in international treaty negotiations and is responsible for pursuing foreign-flag violations. Other federal agencies have limited roles and responsibilities. For example, the National Oceanic and Atmospheric Administration (NOAA, Department of Commerce) works with the Coast Guard and EPA to report on the effects of marine debris. The Animal and Plant Health Inspection Service (APHIS) is responsible for ensuring quarantine inspection and disposal of food-contaminated garbage. In some cases, states and localities have responsibilities as well.
Vessels General Permit
EPA issued its most recent Vessels General Permit, under the
- Deck Washdown and Runoff and Above Water Line Hull Cleaning
- Bilge water/Oily Water Separator Effluent
- Ballast water
- Anti-fouling Hull Coatings/Hull Coating Leachate
- Aqueous film forming foam(AFFF)
- Boiler/Economizer Blowdown
- Cathodic protection
- Chain Locker Effluent
- Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil Sea Interfaces including Lubrication Discharges from Paddle Wheel Propulsion, Stern Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, and Propulsion Pod Lubrication, and Wire Rope and Mechanica l #Equipment Subject to Immersion]
- Distillation and Reverse Osmosis Brine
- Elevator Pit Effluent
- Firemain Systems
- Freshwater Layup
- Gas Turbine Washwater
- Graywater(except certain commercial vessels operating in the Great Lakes)
- Motor Gasoline and Compensating Discharge
- Non-Oily Machinery Wastewater
- Refrigeration and Air Condensate Discharge
- Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration Cooling Water)
- Seawater Piping Biofouling Prevention
- Boat Engine Wet Exhaust
- Sonar Dome Discharge
- Underwater Ship Husbandry
- Welldeck Discharges
- Graywater Mixed with Sewage from Vessels
- Exhaust Gas Scrubber Washwater Discharge.[5]
In 2016 EPA estimated that approximately 69,000 vessels, both domestic and foreign flagged, were covered by the VGP.[6]
EPA issued its Small Vessels General Permit (sVGP) for smaller commercial vessels in 2014, however this permit only applied to ballast water.[7] In 2018 Congress repealed the sVGP under the Vessel Incidental Discharge Act. As of 2023 small vessels are subject to the ballast water requirements of the VGP, Coast Guard regulations, and applicable state and local government requirements.[8]
Vessel Incidental Discharge Act
The Vessel Incidental Discharge Act (VIDA), approved in 2018, requires EPA to develop new performance standards for vessel discharges, and generally requires that the new standards be at least as stringent as the 2013 VGP.[9] On October 26, 2020 EPA published proposed VIDA implementation regulations.[10] Until this proposal is finalized, the existing EPA discharge permits and Coast Guard regulations remain in effect.[11]
Sewage
Commercial vessels discharging sewage, except fishing vessels, are subject to the VGP or SVGP requirements. Recreational vessels are exempt from the permit requirements, but vessel operators must implement Best Management Practices to control their discharges.[12]
Marine sanitation devices
Section 312 of the CWA prohibits the dumping of untreated or inadequately treated sewage from vessels into the navigable waters of the United States (defined as within 3 miles (4.8 km) of shore). It is implemented jointly by EPA and the Coast Guard. Under commercial and recreational vessels with installed toilets are required to have marine sanitation devices (MSDs), which are designed to prevent the discharge of untreated sewage. EPA is responsible for developing performance standards for MSDs, and the Coast Guard is responsible for MSD design and operation regulations and for certifying MSD compliance with the EPA rules. MSDs are designed either to hold sewage for shore-based disposal or to treat sewage prior to discharge.
The Coast Guard regulations cover three types of MSDs.
Critics point out a number of deficiencies with this regulatory structure as it affects large vessels. First, the MSD regulations only cover discharges of bacterial contaminants and suspended solids, while the NPDES permit program for other point sources typically regulates many more pollutants such as chemicals, pesticides, heavy metals, oil, and grease that may be released by large vessels as well as land-based sources. Second, sources subject to NPDES permits must comply with sampling, monitoring, recordkeeping, and reporting requirements, which do not exist in the MSD rules.
In addition, the Coast Guard, responsible for inspecting vessels for compliance with the MSD rules, has been heavily criticized for poor enforcement of Section 312 requirements. In its 2000 report, the
Annex IV of MARPOL was drafted to regulate sewage discharges from vessels. It has entered into force internationally and would apply to ships that are flagged in ratifying countries, but because the United States has not ratified Annex IV, it is not mandatory that ships follow it when in U.S. waters. However, its requirements are minimal, even compared with U.S. rules for MSDs. Annex IV requires that vessels be equipped with a certified sewage treatment system or holding tank, but it prescribes no specific performance standards. Within three miles (5 km) of shore, Annex IV requires that sewage discharges be treated by a certified MSD prior to discharge. Between three and 12 miles (19 km) from shore, sewage discharges must be treated by no less than maceration or chlorination; sewage discharges beyond 12 miles (19 km) from shore are unrestricted. Vessels are permitted to meet alternative, less stringent requirements when they are in the jurisdiction of countries where less stringent requirements apply. In U.S. waters, vessels must comply with the regulations implementing Section 312 of the Clean Water Act.
On some ships, especially many of those that travel in Alaskan waters, sewage is treated using Advanced Wastewater Treatment (AWT) systems that generally provide improved screening, treatment, disinfection, and sludge processing as compared with traditional Type II MSDs. AWTs are believed to be very effective in removing pathogens, oxygen demanding substances, suspended solids, oil and grease, and particulate metals from sewage, but only moderately effective in removing dissolved metals and nutrients (ammonia, nitrogen and phosphorus).
No-discharge zones
Section 312 has another means of addressing sewage discharges, through establishment of no-discharge zones (NDZs) for vessel sewage. A state may completely prohibit the discharge of both treated and untreated sewage from all vessels with installed toilets into some or all waters over which it has jurisdiction (up to 3 miles (4.8 km) from land). To create a no-discharge zone to protect waters from sewage discharges by vessels, the state must apply to EPA under one of three categories.
- NDZ based on the need for greater environmental protection, and the state demonstrates that adequate pumpout facilities for safe and sanitary removal and treatment of sewage from all vessels are reasonably available. As of 2017, this category of designation has been used for 72 areas representing part or all of the waters of 26 states, including a number of inland states.
- NDZ for special waters found to have a particular environmental importance (e.g., to protect environmentally sensitive areas such as shellfish beds or coral reefs); it is not necessary for the state to show pumpout availability. This category of designation has been used twice (state waters within the Florida Keys National Marine Sanctuary and the Boundary Waters Canoe area of Minnesota).
- NDZ to prohibit the discharge of sewage into waters that are drinking water intake zones; it is not necessary for the state to show pumpout availability. This category of designation has been used to protect part of the Hudson River in New York.[14]
Solid waste
Ship discharges of solid waste are governed by two laws. Title I of the
The
Hazardous waste
The
The owner or operator of a ship may be a generator and/or a transporter of hazardous waste, and thus subject to RCRA rules. Issues that the ship industry may face relating to RCRA include ensuring that hazardous waste is identified at the point at which it is considered generated; ensuring that parties are properly identified as generators, storers, treaters, or disposers; and determining the applicability of RCRA requirements to each. Hazardous waste generated on board ships is stored onboard until the wastes can be offloaded for recycling or disposal in accordance with RCRA.
A range of activities on board cruise generate hazardous wastes and
A release of hazardous substances by a vessel could also theoretically trigger coverage under the
In addition to RCRA, hazardous waste discharges from ships are subject to Section 311 of the Clean Water Act, which prohibits the discharge of hazardous substances in harmful quantities into or upon the
Bilge water
Section 311 of the Clean Water Act, as amended by the
In addition to Section 311 requirements, APPS implements MARPOL Annex I concerning oil pollution. APPS applies to all U.S. flagged ships anywhere in the world and to all foreign flagged vessels operating in the navigable waters of the United States, or while at a port under U.S. jurisdiction. To implement APPS, the Coast Guard has promulgated regulations prohibiting the discharge of oil or oily mixtures into the sea within 12 nautical miles (22 km) of the nearest land, except under limited conditions. However, because many ships are foreign registered and because APPS only applies to foreign ships within U.S. navigable waters, the APPS regulations have limited applicability to ship operations.
Ballast water discharge limitations
The VGP sets numeric
Uniform National Discharge Standards for armed forces vessels
Congress amended the CWA in 1996 to require development of uniform national discharge standards ("UNDS") for military vessels.
Enforcement
In April 2021 a ship engineer on the Zao Galaxy, an oil tanker, was convicted in the United States District Court for the Northern District of California for intentionally dumping oily bilge water in February 2019 and submitting false paperwork in an attempt to conceal the crime. The engineer may receive a substantial prison sentence and fine. The ship operator pleaded guilty to violating APPS and was fined $1.65 million US and ordered to "implement a comprehensive Environmental Compliance Plan."[25]
See also
- Cruise ship pollution in the United States
- Merchant Shipping (Pollution) Act 2006
- Merchant Marine Act of 1920
References
- Copeland, Claudia (2008). "Cruise Ship Pollution: Background, Laws and Regulations, and Key Issues" Washington, D.C.: U.S. Congressional Research Service. Order Code RL32450. Updated 2008-02-06.
- ^ a b Act to Prevent Pollution from Ships, 33 U.S.C. §§ 1901–1915.
- ^ a b U.S. Government Accountability Office, Washington, D.C. (2000). "Progress Made to Reduce Marine Pollution by Cruise Ships, but Important Issues Remain." Report to Congressional Requesters. Report No. RCED-00-48.
- ^ ANCO Maritime Activities Ltd., Piraeus, Greece (2011-04-11). "Update to USCG requirements."
- ^ a b DOD and EPA (2017-01-11). "Uniform National Discharge Standards for Vessels of the Armed Forces-Phase II Batch One." Final rule. Federal Register, 82 FR 3173.
- ^ a b U.S. Environmental Protection Agency (EPA), Washington, D.C. (2013-04-12). "Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel." Federal Register. 78 FR 21938.
- ^ "Vessels-VGP". NPDES. EPA. 2016-05-13. Archived from the original on 2016-06-23.
- ^ EPA (2014-09-10). Final National Pollutant Discharge Elimination System (NPDES) Small Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels Less Than 79 Feet. Federal Register. 79 FR 53702.
- ^ "Vessels-SVGP". Vessels, Marinas and Ports. EPA. 2022-11-28.
- Pub. L.115–282 (text) (PDF)Approved 2018-12-04.
- ^ EPA (2020-10-16). "Vessel Incidental Discharge National Standards of Performance; Proposed rule." Federal Register, 85 FR 67818
- ^ a b "Vessels-VGP". Vessels, Marinas and Ports. EPA. 2023-02-21.
- Pub. L.110–288 (text) (PDF), July 29, 2008.
- ^ U.S. Coast Guard, Washington, D.C. "Marine Sanitation Devices." Code of Federal Regulations, 33 CFR 159.
- ^ "No-Discharge Zones by State". Vessels, Marinas and Ports. EPA. 2020-09-24.
- ^ Marine Protection, Research, and Sanctuaries Act. 33 U.S.C. § 1402-1421.
- ^ Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901–6991k.
- ^ Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601–9675.
- ^ Oil Pollution Act of 1990, 33 U.S.C. §§ 2701–2720.
- ^ U.S. Coast Guard. "Part 155—Oil or Hazardous Material Pollution Prevention Regulations for Vessels." 33 CFR 155.360-155.380.
- , approved 1996-02-10.
- ^ "Uniform National Discharge Standards (UNDS): Rulemaking Process". EPA. 2020-08-05.
- ^ U.S. Department of Defense (DOD) and EPA (1999-05-10). "Uniform National Discharge Standards for Vessels of the Armed Forces; Final Rule." Federal Register, 64 FR 25126; 40 CFR 1700
- ^ DOD and EPA (2020-07-17). "Uniform National Discharge Standards for Vessels of the Armed Forces—Phase II Batch Two." Final rule. Federal Register, 85 FR 43465.
- ^ "Section 2: Vessels of the Armed Forces". Phase I Final Rule and Technical Development Document of Uniform National Discharge Standards (UNDS) (Report). EPA. 1999. p. 2-1. EPA 842-R-99-001.
- ^ "First Engineer Of International Commercial Cargo Tanker Convicted Of Falsifying Records And Obstructing Justice In Scheme To Dump Oily Bilge In International Waters". San Francisco: U.S. Attorney for Northern District of California. 2021-04-20.