Regulation of ship pollution in the United States
Encyclopedia
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government
agencies also have responsibilities for ship-related pollution in some situations.
is one of the most important treaties regulating pollution from ships. Six Annexes of the Convention cover the various sources of pollution from ships and provide an overarching framework for international objectives. In the U.S., the Convention is implemented through the Act to Prevent Pollution from Ships
. Under the provisions of the Convention, the United States can take direct enforcement action under U.S. laws against foreign-flagged
ships when pollution discharge incidents occur within U.S. jurisdiction. When incidents occur outside U.S. jurisdiction or jurisdiction cannot be determined, the United States refers cases to flag states, in accordance with MARPOL. These procedures require substantial coordination between the Coast Guard
, the State Department
, and other flag states, and the response rate from flag states has been poor. According with the following regulations deferent reporting requirements apply to vessels depending on individual states.
(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) are jointly issuing Uniform National Discharge Standards ("UNDS") for armed forces vessels. 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 (these APHIS responsibilities are part of the Department of Homeland Security
). In some cases, states and localities have responsibilities as well.
(CWA), is the principal U.S. law concerned with limiting polluting activity in the nation’s stream
s, lake
s, estuaries
, and coastal waters
. The act’s primary mechanism for controlling pollutant discharges is the National Pollutant Discharge Elimination System (NPDES) program, authorized in Section 402. In accordance with the NPDES program, pollutant discharges from point sources — a term that includes vessels — are prohibited unless a permit has been obtained. While sewage
is defined as a pollutant under the act, sewage from vessels is exempt from this statutory definition and is therefore exempt from the requirement to obtain an NPDES permit. Further, EPA regulations implementing the NPDES permit program provide that “discharges incidental to the normal operation of vessels” are excluded from regulation and thus from permit requirements. However, a 2006 federal court ruling could result in changes to these regulations that would remove the current permitting exemption (see discussion of "Ballast water").
s 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. Large vessels use either Type II or Type III MSDs. In Type II MSDs, the waste is either chemically or biologically treated prior to discharge and must meet limits of no more than 200 fecal coliforms
per 100 milliliters and no more than 150 milligrams per liter of suspended solids
. Type III MSDs store wastes and do not treat them; the waste is pumped out later and treated in an onshore system or discharged outside U.S. waters. Type I MSDs use chemicals to disinfect the raw sewage prior to discharge and must meet a performance standard for fecal coliform bacteria of not greater than 1,000 per 100 milliliters and no visible floating solids. Type I MSDs are generally only found on recreational vessels or others under 65 feet (19.8 m) in length. The regulations, which have not been revised since 1976, do not require ship operators to sample, monitor, or report on their effluent
discharges.
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 chemical
s, pesticide
s, 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 GAO
said that Coast Guard inspectors “rarely have time during scheduled ship examinations to inspect sewage treatment equipment or filter systems to see if they are working properly and filtering out potentially harmful contaminants.” GAO reported that a number of factors limit the ability of Coast Guard inspectors to detect violations of environmental law and rules, including the inspectors’ focus on safety, the large size some ships, limited time and staff for inspections, and the lack of an element of surprise concerning inspections.25 The Coast Guard carries out a wide range of responsibilities that encompass both homeland security
(port
s, waterway
s, and coastal security, defense readiness, drug
and migrant interdiction) and non-homeland security (search and rescue
, marine environmental protection, fisheries enforcement, aids to navigation
). Since the September 11 terrorist attacks
on the United States, the Coast Guard has focused more of its resources on homeland security activities.26 One likely result is that less of the Coast Guard’s time and attention are available for vessel inspections for MSD or other environmental compliance.
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 (19.3 km) from shore, sewage discharges must be treated by no less than maceration
or chlorination
; sewage discharges beyond 12 miles (19.3 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 Alaska
n 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 pathogen
s, oxygen demanding
substances, suspended solids
, oil
and grease
, and particulate metals from sewage, but only moderately effective in removing dissolved metals and nutrient
s (ammonia
, nitrogen
and phosphorus
).
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.
is not defined as a pollutant, nor is it generally considered to be sewage. By regulation, EPA exempts discharges incidental to the normal operation of a vessel, including graywater, from NPDES permit requirements; however, a federal court has ordered EPA to set aside this rule (see discussion of ballast water). There are no separate federal effluent standards for graywater discharges. The Clean Water Act only includes graywater in its definition of sewage for the express purpose of regulating commercial vessels in the Great Lakes, under the Section 312 MSD requirements. Thus, currently graywater can be discharged by vessels anywhere — except in the Great Lakes, where the Section 312 MSD rules apply, but those rules prescribe limits only for bacterial contaminant content and total suspended solids
in graywater. Pursuant to a state law in Alaska
, graywater must be treated prior to discharge into that state’s waters (see discussion below).
applies to cruise ships and other vessels and makes it illegal to transport garbage from the United States for the purpose of dumping it into ocean waters without a permit or to dump any material transported from a location outside the United States into U.S. territorial seas or the contiguous zone (within 12 nautical miles (22.2 km) from shore) or ocean waters. EPA is responsible for issuing permits that regulate the disposal of materials at sea (except for dredged material disposal, for which the U.S. Army Corps of Engineers
is responsible). Beyond waters that are under U.S. jurisdiction, no MPRSA permit is required for a ship to discharge solid waste. The routine discharge of effluent incidental to the propulsion of vessels
is explicitly exempted from the definition of dumping in the MPRSA.28
The Act to Prevent Pollution from Ships
(APPS, 33 U.S.C. 1901-1915) and its regulations, which implement U.S.-ratified provisions of MARPOL, also apply to ships. APPS prohibits the discharge of all garbage within 3 nautical miles (5.6 km) of shore, certain types of garbage within 12 nautical miles (22.2 km) offshore, and plastic
anywhere. It applies to all vessels, whether seagoing or not, regardless of flag, operating in U.S. navigable waters and the Exclusive Economic Zone
(EEZ). It is administered by the Coast Guard which carries out inspection programs to insure the adequacy of port facilities to receive offloaded solid waste.
(RCRA, 42 U.S.C. 6901-6991k) is the primary federal law that governs hazardous waste management through a “cradle-to-grave
” program that controls hazardous waste
from the point of generation until ultimate disposal. The act imposes management requirements on generators, transporters, and persons who treat or dispose of hazardous waste. Under this act, a waste is hazardous if it is ignitable
, corrosive
, reactive
, or toxic
, or appears on a list of about 100 industrial process waste streams and more than 500 discarded commercial products and chemical
s. Treatment, storage, and disposal facilities are required to have permits and comply with operating standards and other EPA regulations.
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 onboard ships is stored onboard until the wastes can be offloaded for recycling
or disposal in accordance with RCRA.29
A range of activities on board cruise generate hazardous wastes and toxic substance
s that would ordinarily be presumed to be subject to RCRA. Ships are potentially subject to RCRA requirements to the extent that chemicals used for operations such as ship maintenance and passenger services result in the generation of hazardous wastes. However, it is not entirely clear what regulations apply to the management and disposal of these wastes.30 RCRA rules that cover small-quantity generators (those that generate more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month) are less stringent than those for large-quantity generators (generating more than 1,000 kilograms per month), and it is unclear whether ships are classified as large or small generators of hazardous waste. Moreover, some ship companies argue that they generate less than 100 kilograms per month and therefore should be classified in a third category, as “conditionally exempt small-quantity generators,” a categorization that allows for less rigorous requirements for notification, recordkeeping, and the like.31
A release of hazardous substances by a vessel could also theoretically trigger the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund, 42 U.S.C. 9601-9675).
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 navigable waters
of the United States, adjoining shore
lines, or into or upon the waters of the contiguous zone.
(33 U.S.C. 2701-2720), applies to ships and prohibits discharge of oil or hazardous substances in harmful quantities into or upon U.S. navigable waters, or into or upon the waters of the contiguous zone, or which may affect natural resource
s in the U.S. EEZ
(extending 200 miles (321.9 km) offshore). Coast Guard
regulations (33 CFR §151.10) prohibit discharge of oil within 12 miles (19.3 km) from shore, unless passed through a 15-ppm
oil water separator, and unless the discharge does not cause a visible sheen. Beyond 12 miles (19.3 km), oil or oily mixtures can be discharged while a vessel is proceeding en route and if the oil content without dilution is less than 100 ppm. Vessels are required to maintain an Oil Record Book to record disposal of oily residues and discharges overboard or disposal of bilge
water.
In addition to Section 311 requirements, the Act to Prevent Pollution from Ships
(APPS) implements MARPOL Annex I concerning oil pollution
. APPS applies to all U.S. flagged ships anywhere in the world and to all foreign flag
ged 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 (22.2 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.
and graywater). Because of the growing problem of introduction of invasive species
into U.S. waters via ballast water
, in January 1999, a number of conservation organizations, fishing
groups, native American tribe
s, and water agencies petitioned EPA to repeal its 1973 regulation exempting ballast water discharge, arguing that ballast water should be regulated as the “discharge of a pollutant” under the Clean Water Act’s Section 402 permit program. EPA rejected the petition in September 2003, saying that the “normal operation” exclusion is long-standing agency policy, to which Congress
has acquiesced twice (in 1979 and 1996) when it considered the issue of aquatic nuisance species in ballast water and did not alter EPA’s CWA interpretation.32 Further, EPA said that other ongoing federal activities related to control of invasive species in ballast water are likely to be more effective than changing the NPDES rules.33 Until recently, these efforts to limit ballast water discharges by cruise ships and other vessels were primarily voluntary, except in the Great Lakes
. Since 2004, all vessels equipped with ballast water tanks must have a ballast water management plan.34
After the denial of their administrative petition, the environmental groups filed a lawsuit seeking to force EPA to rescind the regulation that exempts ballast water discharges from CWA permitting. In March 2005, a federal district court
ruled in favor of the groups, and in September 2006, the court remanded the matter to EPA with an order that the challenged regulation be set aside by September 30, 2008 (Northwest Environmental Advocates v. EPA, No. C 03-05760 SI (N.D.Cal, September 18, 2006)). The district court rejected EPA’s contention that Congress
had previously acquiesced in exempting the “normal operation” of vessels from CWA permitting and disagreed with EPA’s argument that the court’s two-year deadline creates practical difficulties for the agency and the affected industry. Significantly, while the focus of the environmental groups’ challenge was principally to EPA’s permitting exemption for ballast water discharges, the court’s ruling — and its mandate to EPA to rescind the exemption in 40 CFR §122.3(a) — applies fully to other types of vessel discharges that are covered by the regulatory exemption, including graywater and bilge water.
The government has appealed the district court’s ruling, and the parties are waiting for a ruling from the appeals court
. However, in June 2007, EPA also initiated steps seeking public comment on regulating ballast water discharges from ships, an information-gathering prelude to a potential rulemaking in response to the district court’s order.
The 110th Congress
has been considering ballast water discharge issues, specifically legislation to provide a uniform national approach for addressing aquatic nuisance species from ballast water under a program administered by the Coast Guard (S. 1578, ordered reported by the Senate Commerce Committee on September 27, 2007, and H.R. 2830 (H.Rept. 110-338)). Some groups oppose S. 1578 and H.R. 2830, because the legislation would preempt states from enacting ballast water management programs more stringent than Coast Guard requirements, while the CWA does allow states to adopt requirements more stringent than in federal rules. Also, while the CWA permits citizen suit
s to enforce the law, the pending legislation includes no citizen suit provisions.
To minimize the spread of invasive species in U.S. waterways, the Environmental Protection Agency and the U.S. Coast Guard are developing plans to regulate the concentration of living organisms discharged in the ballast water of ships. A June 2011 National Research Council study provided advice on the process of setting these limits. The study found that determining the exact number of organisms that could be expected to launch a new population is complex. It suggested an initial step of establishing a benchmark for the concentrations of organisms in ballast water below current levels, and then using models to analyze experimental and field-based data to help inform future decisions about ballast water discharge standards.
Local government in the United States
Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
agencies also have responsibilities for ship-related pollution in some situations.
International laws and regulations
MARPOL 73/78MARPOL 73/78
Marpol 73/78 is the International Convention for the Prevention of Pollution From Ships, 1973 as modified by the Protocol of 1978....
is one of the most important treaties regulating pollution from ships. Six Annexes of the Convention cover the various sources of pollution from ships and provide an overarching framework for international objectives. In the U.S., the Convention is implemented through the Act to Prevent Pollution from Ships
Act to Prevent Pollution from Ships
The Act to Prevent Pollution from Ships is a United States law that implements the provisions of MARPOL and the annexes to which the United States is a party. The most recent U.S. action concerning MARPOL occurred in April 2006, when the U.S. Senate approved Annex VI, which regulates air pollution...
. Under the provisions of the Convention, the United States can take direct enforcement action under U.S. laws against foreign-flagged
Flag of convenience
The term flag of convenience describes the business practice of registering a merchant ship in a sovereign state different from that of the ship's owners, and flying that state's civil ensign on the ship. Ships are registered under flags of convenience to reduce operating costs or avoid the...
ships when pollution discharge incidents occur within U.S. jurisdiction. When incidents occur outside U.S. jurisdiction or jurisdiction cannot be determined, the United States refers cases to flag states, in accordance with MARPOL. These procedures require substantial coordination between the Coast Guard
United States Coast Guard
The United States Coast Guard is a branch of the United States Armed Forces and one of the seven U.S. uniformed services. The Coast Guard is a maritime, military, multi-mission service unique among the military branches for having a maritime law enforcement mission and a federal regulatory agency...
, the State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
, and other flag states, and the response rate from flag states has been poor. According with the following regulations deferent reporting requirements apply to vessels depending on individual states.
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 AgencyUnited States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA) have principal regulatory and standard-setting responsibilities, and the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
prosecutes violations of federal laws. EPA and the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
(DOD) are jointly issuing Uniform National Discharge Standards ("UNDS") for armed forces vessels. In addition, the Department of State represents the United States at meetings of the IMO
International Maritime Organization
The International Maritime Organization , formerly known as the Inter-Governmental Maritime Consultative Organization , was established in Geneva in 1948, and came into force ten years later, meeting for the first time in 1959...
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
National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration , pronounced , like "noah", is a scientific agency within the United States Department of Commerce focused on the conditions of the oceans and the atmosphere...
(NOAA, Department of Commerce) works with the Coast Guard and EPA to report on the effects of marine debris
Marine debris
Marine debris, also known as marine litter, is human created waste that has deliberately or accidentally become afloat in a lake, sea, ocean or waterway. Oceanic debris tends to accumulate at the centre of gyres and on coastlines, frequently washing aground, when it is known as beach litter or...
. The Animal and Plant Health Inspection Service
Animal and Plant Health Inspection Service
Animal and Plant Health Inspection Service is an agency of the United States Department of Agriculture responsible for protecting animal health, animal welfare, and plant health. APHIS is the lead agency for collaboration with other agencies to protect U.S. agriculture from invasive pests and...
(APHIS) is responsible for ensuring quarantine
Quarantine
Quarantine is compulsory isolation, typically to contain the spread of something considered dangerous, often but not always disease. The word comes from the Italian quarantena, meaning forty-day period....
inspection and disposal of food-contaminated garbage (these APHIS responsibilities are part of the Department of Homeland Security
United States Department of Homeland Security
The United States Department of Homeland Security is a cabinet department of the United States federal government, created in response to the September 11 attacks, and with the primary responsibilities of protecting the territory of the United States and protectorates from and responding to...
). In some cases, states and localities have responsibilities as well.
Sewage
The Federal Water Pollution Control Act, or Clean Water ActClean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
(CWA), is the principal U.S. law concerned with limiting polluting activity in the nation’s stream
Stream
A stream is a body of water with a current, confined within a bed and stream banks. Depending on its locale or certain characteristics, a stream may be referred to as a branch, brook, beck, burn, creek, "crick", gill , kill, lick, rill, river, syke, bayou, rivulet, streamage, wash, run or...
s, lake
Lake
A lake is a body of relatively still fresh or salt water of considerable size, localized in a basin, that is surrounded by land. Lakes are inland and not part of the ocean and therefore are distinct from lagoons, and are larger and deeper than ponds. Lakes can be contrasted with rivers or streams,...
s, estuaries
Estuary
An estuary is a partly enclosed coastal body of water with one or more rivers or streams flowing into it, and with a free connection to the open sea....
, and coastal waters
Territorial waters
Territorial waters, or a territorial sea, as defined by the 1982 United Nations Convention on the Law of the Sea, is a belt of coastal waters extending at most from the baseline of a coastal state...
. The act’s primary mechanism for controlling pollutant discharges is the National Pollutant Discharge Elimination System (NPDES) program, authorized in Section 402. In accordance with the NPDES program, pollutant discharges from point sources — a term that includes vessels — are prohibited unless a permit has been obtained. While sewage
Sewage
Sewage is water-carried waste, in solution or suspension, that is intended to be removed from a community. Also known as wastewater, it is more than 99% water and is characterized by volume or rate of flow, physical condition, chemical constituents and the bacteriological organisms that it contains...
is defined as a pollutant under the act, sewage from vessels is exempt from this statutory definition and is therefore exempt from the requirement to obtain an NPDES permit. Further, EPA regulations implementing the NPDES permit program provide that “discharges incidental to the normal operation of vessels” are excluded from regulation and thus from permit requirements. However, a 2006 federal court ruling could result in changes to these regulations that would remove the current permitting exemption (see discussion of "Ballast water").
Marine sanitation devices
Section 312 of the Clean Water Act seeks to address this gap by prohibiting the dumping of untreated or inadequately treated sewage from vessels into the navigable waters of the United States (defined in the act as within 3 miles (4.8 km) of shore). It is implemented jointly by EPA and the Coast Guard. Under Section 312, commercial and recreational vessels with installed toiletToilet
A toilet is a sanitation fixture used primarily for the disposal of human excrement, often found in a small room referred to as a toilet/bathroom/lavatory...
s 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. Large vessels use either Type II or Type III MSDs. In Type II MSDs, the waste is either chemically or biologically treated prior to discharge and must meet limits of no more than 200 fecal coliforms
Fecal coliforms
A fecal coliform is a facultatively-anaerobic, rod-shaped, gram-negative, non-sporulating bacterium. Fecal coliforms are capable of growth in the presence of bile salts or similar surface agents, are oxidase negative, and produce acid and gas from lactose within 48 hours at 44 ± 0.5°C.Coliform...
per 100 milliliters and no more than 150 milligrams per liter of suspended solids
Suspended solids
Suspended solids refers to small solid particles which remain in suspension in water as a colloid or due to the motion of the water. It is used as one indicator of water quality....
. Type III MSDs store wastes and do not treat them; the waste is pumped out later and treated in an onshore system or discharged outside U.S. waters. Type I MSDs use chemicals to disinfect the raw sewage prior to discharge and must meet a performance standard for fecal coliform bacteria of not greater than 1,000 per 100 milliliters and no visible floating solids. Type I MSDs are generally only found on recreational vessels or others under 65 feet (19.8 m) in length. The regulations, which have not been revised since 1976, do not require ship operators to sample, monitor, or report on their effluent
Effluent
Effluent is an outflowing of water or gas from a natural body of water, or from a human-made structure.Effluent is defined by the United States Environmental Protection Agency as “wastewater - treated or untreated - that flows out of a treatment plant, sewer, or industrial outfall. Generally refers...
discharges.
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 chemical
Chemical substance
In chemistry, a chemical substance is a form of matter that has constant chemical composition and characteristic properties. It cannot be separated into components by physical separation methods, i.e. without breaking chemical bonds. They can be solids, liquids or gases.Chemical substances are...
s, pesticide
Pesticide
Pesticides are substances or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.A pesticide may be a chemical unicycle, biological agent , antimicrobial, disinfectant or device used against any pest...
s, heavy metals
Heavy metals
A heavy metal is a member of a loosely-defined subset of elements that exhibit metallic properties. It mainly includes the transition metals, some metalloids, lanthanides, and actinides. Many different definitions have been proposed—some based on density, some on atomic number or atomic weight,...
, oil
Oil
An oil is any substance that is liquid at ambient temperatures and does not mix with water but may mix with other oils and organic solvents. This general definition includes vegetable oils, volatile essential oils, petrochemical oils, and synthetic oils....
, and grease
Grease (lubricant)
The term grease is used to describe semisolid lubricants. Although the word grease is also used to describe rendered fat of animals, in the context of lubrication, grease typically applies to a material consisting of a soap emulsified with mineral or vegetable oil...
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 GAO
Government Accountability Office
The Government Accountability Office is the audit, evaluation, and investigative arm of the United States Congress. It is located in the legislative branch of the United States government.-History:...
said that Coast Guard inspectors “rarely have time during scheduled ship examinations to inspect sewage treatment equipment or filter systems to see if they are working properly and filtering out potentially harmful contaminants.” GAO reported that a number of factors limit the ability of Coast Guard inspectors to detect violations of environmental law and rules, including the inspectors’ focus on safety, the large size some ships, limited time and staff for inspections, and the lack of an element of surprise concerning inspections.25 The Coast Guard carries out a wide range of responsibilities that encompass both homeland security
Homeland security
Homeland security is an umbrella term for security efforts to protect states against terrorist activity. Specifically, is a concerted national effort to prevent terrorist attacks within the U.S., reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do...
(port
Port
A port is a location on a coast or shore containing one or more harbors where ships can dock and transfer people or cargo to or from land....
s, waterway
Waterway
A waterway is any navigable body of water. Waterways can include rivers, lakes, seas, oceans, and canals. In order for a waterway to be navigable, it must meet several criteria:...
s, and coastal security, defense readiness, drug
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
and migrant interdiction) and non-homeland security (search and rescue
Search and rescue
Search and rescue is the search for and provision of aid to people who are in distress or imminent danger.The general field of search and rescue includes many specialty sub-fields, mostly based upon terrain considerations...
, marine environmental protection, fisheries enforcement, aids to navigation
Navigational aid
A navigational aid is any sort of marker which aids the traveler in navigation; the term is most commonly used to refer to nautical or aviation travel...
). Since the September 11 terrorist attacks
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
on the United States, the Coast Guard has focused more of its resources on homeland security activities.26 One likely result is that less of the Coast Guard’s time and attention are available for vessel inspections for MSD or other environmental compliance.
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 (19.3 km) from shore, sewage discharges must be treated by no less than maceration
Maceration (sewage)
Maceration, in sewage treatment, the use of a machine that reduces solids to small pieces in order to deal with rags and other solid waste. Also, macerating toilets, which use a grinding or blending mechanism to reduce human waste to a slurry, which can then be moved by pumping...
or chlorination
Chlorination
Chlorination is the process of adding the element chlorine to water as a method of water purification to make it fit for human consumption as drinking water...
; sewage discharges beyond 12 miles (19.3 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 Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
n waters, sewage is treated using Advanced Wastewater Treatment (AWT) systems that generally provide improved screening, treatment, disinfection, and sludge processing
Sewage sludge treatment
Sewage sludge treatment describes the processes used to manage and dispose of the sludges produced during sewage treatment.-Sources of sludge:...
as compared with traditional Type II MSDs. AWTs are believed to be very effective in removing pathogen
Pathogen
A pathogen gignomai "I give birth to") or infectious agent — colloquially, a germ — is a microbe or microorganism such as a virus, bacterium, prion, or fungus that causes disease in its animal or plant host...
s, oxygen demanding
Biochemical oxygen demand
Biochemical oxygen demand or B.O.D. is the amount of dissolved oxygen needed by aerobic biological organisms in a body of water to break down organic material present in a given water sample at certain temperature over a specific time period. The term also refers to a chemical procedure for...
substances, suspended solids
Suspended solids
Suspended solids refers to small solid particles which remain in suspension in water as a colloid or due to the motion of the water. It is used as one indicator of water quality....
, oil
Oil
An oil is any substance that is liquid at ambient temperatures and does not mix with water but may mix with other oils and organic solvents. This general definition includes vegetable oils, volatile essential oils, petrochemical oils, and synthetic oils....
and grease
Grease (lubricant)
The term grease is used to describe semisolid lubricants. Although the word grease is also used to describe rendered fat of animals, in the context of lubrication, grease typically applies to a material consisting of a soap emulsified with mineral or vegetable oil...
, and particulate metals from sewage, but only moderately effective in removing dissolved metals and nutrient
Nutrient
A nutrient is a chemical that an organism needs to live and grow or a substance used in an organism's metabolism which must be taken in from its environment. They are used to build and repair tissues, regulate body processes and are converted to and used as energy...
s (ammonia
Ammonia
Ammonia is a compound of nitrogen and hydrogen with the formula . It is a colourless gas with a characteristic pungent odour. Ammonia contributes significantly to the nutritional needs of terrestrial organisms by serving as a precursor to food and fertilizers. Ammonia, either directly or...
, nitrogen
Nitrogen
Nitrogen is a chemical element that has the symbol N, atomic number of 7 and atomic mass 14.00674 u. Elemental nitrogen is a colorless, odorless, tasteless, and mostly inert diatomic gas at standard conditions, constituting 78.08% by volume of Earth's atmosphere...
and phosphorus
Phosphorus
Phosphorus is the chemical element that has the symbol P and atomic number 15. A multivalent nonmetal of the nitrogen group, phosphorus as a mineral is almost always present in its maximally oxidized state, as inorganic phosphate rocks...
).
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 protectionEnvironmentalismEnvironmentalism is a broad philosophy, ideology and social movement regarding concerns for environmental conservation and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the concerns of non-human elements...
, 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 2008, this category of designation has been used for 61 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 shellfishShellfishShellfish is a culinary and fisheries term for exoskeleton-bearing aquatic invertebrates used as food, including various species of molluscs, crustaceans, and echinoderms. Although most kinds of shellfish are harvested from saltwater environments, some kinds are found only in freshwater...
beds or coral reefCoral reefCoral reefs are underwater structures made from calcium carbonate secreted by corals. Coral reefs are colonies of tiny living animals found in marine waters that contain few nutrients. Most coral reefs are built from stony corals, which in turn consist of polyps that cluster in groups. The polyps...
s); 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 SanctuaryFlorida Keys National Marine SanctuaryThe Florida Keys National Marine Sanctuary is a U.S. National Marine Sanctuary in the Florida Keys. It includes the Florida Reef, the only barrier coral reef in North America and the third-largest coral barrier reef in the world. It also has extensive mangrove forest and seagrass fields...
and the Boundary Waters Canoe area of Minnesota). - NDZ to prohibit the discharge of sewage into waters that are drinking waterDrinking waterDrinking water or potable water is water pure enough to be consumed or used with low risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually...
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 RiverHudson RiverThe Hudson is a river that flows from north to south through eastern New York. The highest official source is at Lake Tear of the Clouds, on the slopes of Mount Marcy in the Adirondack Mountains. The river itself officially begins in Henderson Lake in Newcomb, New York...
in New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
.
Graywater
Under current federal law, graywaterGreywater
Greywater is wastewater generated from domestic activities such as laundry, dishwashing, and bathing, which can be recycled on-site for uses such as landscape irrigation and constructed wetlands...
is not defined as a pollutant, nor is it generally considered to be sewage. By regulation, EPA exempts discharges incidental to the normal operation of a vessel, including graywater, from NPDES permit requirements; however, a federal court has ordered EPA to set aside this rule (see discussion of ballast water). There are no separate federal effluent standards for graywater discharges. The Clean Water Act only includes graywater in its definition of sewage for the express purpose of regulating commercial vessels in the Great Lakes, under the Section 312 MSD requirements. Thus, currently graywater can be discharged by vessels anywhere — except in the Great Lakes, where the Section 312 MSD rules apply, but those rules prescribe limits only for bacterial contaminant content and total suspended solids
Suspended solids
Suspended solids refers to small solid particles which remain in suspension in water as a colloid or due to the motion of the water. It is used as one indicator of water quality....
in graywater. Pursuant to a state law in Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, graywater must be treated prior to discharge into that state’s waters (see discussion below).
Solid waste
Ship discharges of solid waste are governed by two laws. Title I of the Marine Protection, Research, and Sanctuaries ActMarine Protection, Research, and Sanctuaries Act
Marine Protection, Research and Sanctuaries Act of 1972 or Ocean Dumping Act is one of several key environmental laws passed by the US Congress in 1972. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research...
applies to cruise ships and other vessels and makes it illegal to transport garbage from the United States for the purpose of dumping it into ocean waters without a permit or to dump any material transported from a location outside the United States into U.S. territorial seas or the contiguous zone (within 12 nautical miles (22.2 km) from shore) or ocean waters. EPA is responsible for issuing permits that regulate the disposal of materials at sea (except for dredged material disposal, for which the U.S. Army Corps of Engineers
United States Army Corps of Engineers
The United States Army Corps of Engineers is a federal agency and a major Army command made up of some 38,000 civilian and military personnel, making it the world's largest public engineering, design and construction management agency...
is responsible). Beyond waters that are under U.S. jurisdiction, no MPRSA permit is required for a ship to discharge solid waste. The routine discharge of effluent incidental to the propulsion of vessels
is explicitly exempted from the definition of dumping in the MPRSA.28
The Act to Prevent Pollution from Ships
Act to Prevent Pollution from Ships
The Act to Prevent Pollution from Ships is a United States law that implements the provisions of MARPOL and the annexes to which the United States is a party. The most recent U.S. action concerning MARPOL occurred in April 2006, when the U.S. Senate approved Annex VI, which regulates air pollution...
(APPS, 33 U.S.C. 1901-1915) and its regulations, which implement U.S.-ratified provisions of MARPOL, also apply to ships. APPS prohibits the discharge of all garbage within 3 nautical miles (5.6 km) of shore, certain types of garbage within 12 nautical miles (22.2 km) offshore, and plastic
Plastic
A plastic material is any of a wide range of synthetic or semi-synthetic organic solids used in the manufacture of industrial products. Plastics are typically polymers of high molecular mass, and may contain other substances to improve performance and/or reduce production costs...
anywhere. It applies to all vessels, whether seagoing or not, regardless of flag, operating in U.S. navigable waters and the Exclusive Economic Zone
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
(EEZ). It is administered by the Coast Guard which carries out inspection programs to insure the adequacy of port facilities to receive offloaded solid waste.
Hazardous waste
The Resource Conservation and Recovery ActResource Conservation and Recovery Act
The Resource Conservation and Recovery Act , enacted in 1976, is the principal Federal law in the United States governing the disposal of solid waste and hazardous waste.-History and Goals:...
(RCRA, 42 U.S.C. 6901-6991k) is the primary federal law that governs hazardous waste management through a “cradle-to-grave
Life cycle assessment
A life-cycle assessment is a technique to assess environmental impacts associated with all the stages of a product's life from-cradle-to-grave A life-cycle assessment (LCA, also known as life-cycle analysis, ecobalance, and cradle-to-grave analysis) is a technique to assess environmental impacts...
” program that controls hazardous waste
Hazardous waste
A hazardous waste is waste that poses substantial or potential threats to public health or the environment. According to the U.S. environmental laws hazardous wastes fall into two major categories: characteristic wastes and listed wastes.Characteristic hazardous wastes are materials that are known...
from the point of generation until ultimate disposal. The act imposes management requirements on generators, transporters, and persons who treat or dispose of hazardous waste. Under this act, a waste is hazardous if it is ignitable
Combustion
Combustion or burning is the sequence of exothermic chemical reactions between a fuel and an oxidant accompanied by the production of heat and conversion of chemical species. The release of heat can result in the production of light in the form of either glowing or a flame...
, corrosive
Corrosive
A corrosive substance is one that will destroy or irreversibly damage another surface or substance with which it comes into contact. The main hazards to people include damage to the eyes, the skin, and the tissue under the skin; inhalation or ingestion of a corrosive substance can damage the...
, reactive
Chemical reaction
A chemical reaction is a process that leads to the transformation of one set of chemical substances to another. Chemical reactions can be either spontaneous, requiring no input of energy, or non-spontaneous, typically following the input of some type of energy, such as heat, light or electricity...
, or toxic
Toxicity
Toxicity is the degree to which a substance can damage a living or non-living organisms. Toxicity can refer to the effect on a whole organism, such as an animal, bacterium, or plant, as well as the effect on a substructure of the organism, such as a cell or an organ , such as the liver...
, or appears on a list of about 100 industrial process waste streams and more than 500 discarded commercial products and chemical
Chemical substance
In chemistry, a chemical substance is a form of matter that has constant chemical composition and characteristic properties. It cannot be separated into components by physical separation methods, i.e. without breaking chemical bonds. They can be solids, liquids or gases.Chemical substances are...
s. Treatment, storage, and disposal facilities are required to have permits and comply with operating standards and other EPA regulations.
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 onboard ships is stored onboard until the wastes can be offloaded for recycling
Recycling
Recycling is processing used materials into new products to prevent waste of potentially useful materials, reduce the consumption of fresh raw materials, reduce energy usage, reduce air pollution and water pollution by reducing the need for "conventional" waste disposal, and lower greenhouse...
or disposal in accordance with RCRA.29
A range of activities on board cruise generate hazardous wastes and toxic substance
Poison
In the context of biology, poisons are substances that can cause disturbances to organisms, usually by chemical reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an organism....
s that would ordinarily be presumed to be subject to RCRA. Ships are potentially subject to RCRA requirements to the extent that chemicals used for operations such as ship maintenance and passenger services result in the generation of hazardous wastes. However, it is not entirely clear what regulations apply to the management and disposal of these wastes.30 RCRA rules that cover small-quantity generators (those that generate more than 100 kilograms but less than 1,000 kilograms of hazardous waste per month) are less stringent than those for large-quantity generators (generating more than 1,000 kilograms per month), and it is unclear whether ships are classified as large or small generators of hazardous waste. Moreover, some ship companies argue that they generate less than 100 kilograms per month and therefore should be classified in a third category, as “conditionally exempt small-quantity generators,” a categorization that allows for less rigorous requirements for notification, recordkeeping, and the like.31
A release of hazardous substances by a vessel could also theoretically trigger the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund, 42 U.S.C. 9601-9675).
In addition to RCRA, hazardous waste discharges from ships are subject to Section 311 of the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
, which prohibits the discharge of hazardous substances in harmful quantities into or upon the navigable waters
Navigability
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and slow enough for a vessel to pass. Preferably there are few obstructions such as rocks or trees to avoid. Bridges must have sufficient clearance. High water speed may make a channel unnavigable. Waters may be...
of the United States, adjoining shore
Shore
A shore or shoreline is the fringe of land at the edge of a large body of water, such as an ocean, sea, or lake. In Physical Oceanography a shore is the wider fringe that is geologically modified by the action of the body of water past and present, while the beach is at the edge of the shore,...
lines, or into or upon the waters of the contiguous zone.
Bilge water
Section 311 of the Clean Water Act, as amended by the Oil Pollution Act of 1990Oil Pollution Act of 1990
The Oil Pollution Act was passed by the 101st United States Congress, and signed by President George H. W. Bush, to mitigate and prevent civil liability for future oil spills off the coast of the United States....
(33 U.S.C. 2701-2720), applies to ships and prohibits discharge of oil or hazardous substances in harmful quantities into or upon U.S. navigable waters, or into or upon the waters of the contiguous zone, or which may affect natural resource
Natural resource
Natural resources occur naturally within environments that exist relatively undisturbed by mankind, in a natural form. A natural resource is often characterized by amounts of biodiversity and geodiversity existent in various ecosystems....
s in the U.S. EEZ
Exclusive Economic Zone
Under the law of the sea, an exclusive economic zone is a seazone over which a state has special rights over the exploration and use of marine resources, including production of energy from water and wind. It stretches from the seaward edge of the state's territorial sea out to 200 nautical...
(extending 200 miles (321.9 km) offshore). Coast Guard
Coast guard
A coast guard or coastguard is a national organization responsible for various services at sea. However the term implies widely different responsibilities in different countries, from being a heavily armed military force with customs and security duties to being a volunteer organization tasked with...
regulations (33 CFR §151.10) prohibit discharge of oil within 12 miles (19.3 km) from shore, unless passed through a 15-ppm
Parts-per notation
In science and engineering, the parts-per notation is a set of pseudo units to describe small values of miscellaneous dimensionless quantities, e.g. mole fraction or mass fraction. Since these fractions are quantity-per-quantity measures, they are pure numbers with no associated units of measurement...
oil water separator, and unless the discharge does not cause a visible sheen. Beyond 12 miles (19.3 km), oil or oily mixtures can be discharged while a vessel is proceeding en route and if the oil content without dilution is less than 100 ppm. Vessels are required to maintain an Oil Record Book to record disposal of oily residues and discharges overboard or disposal of bilge
Bilge
The bilge is the lowest compartment on a ship where the two sides meet at the keel. The word was coined in 1513.-Bilge water:The word is sometimes also used to describe the water that collects in this compartment. Water that does not drain off the side of the deck drains down through the ship into...
water.
In addition to Section 311 requirements, the Act to Prevent Pollution from Ships
Act to Prevent Pollution from Ships
The Act to Prevent Pollution from Ships is a United States law that implements the provisions of MARPOL and the annexes to which the United States is a party. The most recent U.S. action concerning MARPOL occurred in April 2006, when the U.S. Senate approved Annex VI, which regulates air pollution...
(APPS) implements MARPOL Annex I concerning oil pollution
Oil spill
An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially marine areas, due to human activity, and is a form of pollution. The term is mostly used to describe marine oil spills, where oil is released into the ocean or coastal waters...
. APPS applies to all U.S. flagged ships anywhere in the world and to all foreign flag
Flag State
The flag state of a commercial vessel is the state under whose laws the vessel is registered or licensed.The flag state has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety...
ged 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 (22.2 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
Navigability
A body of water, such as a river, canal or lake, is navigable if it is deep, wide and slow enough for a vessel to pass. Preferably there are few obstructions such as rocks or trees to avoid. Bridges must have sufficient clearance. High water speed may make a channel unnavigable. Waters may be...
waters, the APPS regulations have limited applicability to ship operations.
Ballast water
Clean Water Act regulations currently exempt ballast water discharges incidental to the normal operation of cruise ships and other vessels from NPDES permit requirements (see above discussions concerning sewageSewage
Sewage is water-carried waste, in solution or suspension, that is intended to be removed from a community. Also known as wastewater, it is more than 99% water and is characterized by volume or rate of flow, physical condition, chemical constituents and the bacteriological organisms that it contains...
and graywater). Because of the growing problem of introduction of invasive species
Invasive species
"Invasive species", or invasive exotics, is a nomenclature term and categorization phrase used for flora and fauna, and for specific restoration-preservation processes in native habitats, with several definitions....
into U.S. waters via ballast water
Sailing ballast
Ballast is used in sailboats to provide moment to resist the lateral forces on the sail. Insufficiently ballasted boats will tend to tip, or heel, excessively in high winds. Too much heel may result in the boat capsizing. If a sailing vessel should need to voyage without cargo then ballast of...
, in January 1999, a number of conservation organizations, fishing
Fishing
Fishing is the activity of trying to catch wild fish. Fish are normally caught in the wild. Techniques for catching fish include hand gathering, spearing, netting, angling and trapping....
groups, native American tribe
Indian tribe
In the United States, a Native American tribe is any extant or historical tribe, band, nation, or other group or community of Indigenous peoples in the United States...
s, and water agencies petitioned EPA to repeal its 1973 regulation exempting ballast water discharge, arguing that ballast water should be regulated as the “discharge of a pollutant” under the Clean Water Act’s Section 402 permit program. EPA rejected the petition in September 2003, saying that the “normal operation” exclusion is long-standing agency policy, to which Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has acquiesced twice (in 1979 and 1996) when it considered the issue of aquatic nuisance species in ballast water and did not alter EPA’s CWA interpretation.32 Further, EPA said that other ongoing federal activities related to control of invasive species in ballast water are likely to be more effective than changing the NPDES rules.33 Until recently, these efforts to limit ballast water discharges by cruise ships and other vessels were primarily voluntary, except in the Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
. Since 2004, all vessels equipped with ballast water tanks must have a ballast water management plan.34
After the denial of their administrative petition, the environmental groups filed a lawsuit seeking to force EPA to rescind the regulation that exempts ballast water discharges from CWA permitting. In March 2005, a federal district court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
ruled in favor of the groups, and in September 2006, the court remanded the matter to EPA with an order that the challenged regulation be set aside by September 30, 2008 (Northwest Environmental Advocates v. EPA, No. C 03-05760 SI (N.D.Cal, September 18, 2006)). The district court rejected EPA’s contention that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had previously acquiesced in exempting the “normal operation” of vessels from CWA permitting and disagreed with EPA’s argument that the court’s two-year deadline creates practical difficulties for the agency and the affected industry. Significantly, while the focus of the environmental groups’ challenge was principally to EPA’s permitting exemption for ballast water discharges, the court’s ruling — and its mandate to EPA to rescind the exemption in 40 CFR §122.3(a) — applies fully to other types of vessel discharges that are covered by the regulatory exemption, including graywater and bilge water.
The government has appealed the district court’s ruling, and the parties are waiting for a ruling from the appeals court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
. However, in June 2007, EPA also initiated steps seeking public comment on regulating ballast water discharges from ships, an information-gathering prelude to a potential rulemaking in response to the district court’s order.
The 110th Congress
110th United States Congress
The One Hundred Tenth United States Congress was the meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the second term of President George W. Bush. It was composed of the Senate and the House of...
has been considering ballast water discharge issues, specifically legislation to provide a uniform national approach for addressing aquatic nuisance species from ballast water under a program administered by the Coast Guard (S. 1578, ordered reported by the Senate Commerce Committee on September 27, 2007, and H.R. 2830 (H.Rept. 110-338)). Some groups oppose S. 1578 and H.R. 2830, because the legislation would preempt states from enacting ballast water management programs more stringent than Coast Guard requirements, while the CWA does allow states to adopt requirements more stringent than in federal rules. Also, while the CWA permits citizen suit
Citizen suit
In the U.S., a citizen suit is a lawsuit by a private citizen to enforce a statute. Citizen suits are particularly common in the field of environmental law....
s to enforce the law, the pending legislation includes no citizen suit provisions.
To minimize the spread of invasive species in U.S. waterways, the Environmental Protection Agency and the U.S. Coast Guard are developing plans to regulate the concentration of living organisms discharged in the ballast water of ships. A June 2011 National Research Council study provided advice on the process of setting these limits. The study found that determining the exact number of organisms that could be expected to launch a new population is complex. It suggested an initial step of establishing a benchmark for the concentrations of organisms in ballast water below current levels, and then using models to analyze experimental and field-based data to help inform future decisions about ballast water discharge standards.
Uniform National Discharge Standards for armed forces vessels
Congress amended the CWA in 1996 to require development of national discharge standards for military vessels. The standards are being developed jointly by EPA and DOD. Initial regulations were published in 1999, to identify and characterize a wide variety of discharge types from ships and boats. Promulgation of specific standards for 25 discharge types is ongoing as of 2011. The majority of vessels covered belong to the U.S. Navy, but the regulations will also cover vessels of the Coast Guard, Marine Corps, Army, Military Sealift Command, and Air Force, totalling over 7,000 vessels.See also
- Coastwise shipping lawsCoastwise shipping lawsThe maritime Coastwise Shipping Laws -or Merchant Marine Act of 1920- is a United States Federal statute that regulates maritime commerce in U.S. waters and between U.S. ports...
- Marine Environmental ProtectionMarine Environmental ProtectionMarine environmental protection is one of the eleven missions of the United States Coast Guard.Officially, there are five areas of emphasis in the marine environmental protection mission...
- Merchant Shipping (Pollution) Act 2006Merchant Shipping (Pollution) Act 2006The Merchant Shipping Act 2006 is an Act of the Parliament of the United Kingdom. It has three main purposes: to give effect to the Supplementary Fund Protocol 2003, to give effect to Annex IV of the MARPOL Convention, and to amend section 178 of the Merchant Shipping Act 1995.-Supplementary Fund...