Regulation of ship pollution in the United States

[1] 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.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.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.EPA issued its most recent Vessels General Permit, under the National Pollutant Discharge Elimination System (NPDES), a Clean Water Act (CWA) program, in 2013.[12] 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).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.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 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.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.Annex IV requires that vessels be equipped with a certified sewage treatment system or holding tank, but it prescribes no specific performance standards.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).Title I of the Marine Protection, Research, and Sanctuaries Act (MPRSA) 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 km) from shore) or ocean waters.A release of hazardous substances by a vessel could also theoretically trigger coverage under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA; also known as "Superfund.").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.
A marine safety technician responds to a reported oil sheen in the Sturgeon Bay Ship Canal in Wisconsin.
Illustration of some of the discharge types subject to UNDS regulations.
marine safetySturgeon Bay Ship CanalStateslocal governmentMARPOL 73/78Act to Prevent Pollution from Shipspollution from shipsforeign-flaggedCoast GuardState DepartmentEnvironmental Protection AgencyDepartment of JusticeDepartment of DefenseNational Oceanic and Atmospheric Administrationmarine debrisAnimal and Plant Health Inspection ServicequarantineNational Pollutant Discharge Elimination SystemClean Water ActBilge waterBallast waterAqueous film forming foamCathodic protectionGraywaterCongressBest Management Practicestoiletsmarine sanitation devicesfecal coliformssuspended solidseffluentchemicalspesticidesheavy metalsgreaseGovernment Accountability Officehomeland securitywaterwayssearch and rescuemarine environmental protectionaids to navigationSeptember 11 terrorist attacksmacerationchlorinationAlaskandisinfectionsludge processingpathogensoxygen demandingnutrientsammonianitrogenphosphorusenvironmental protectionshellfishcoral reefsFlorida Keys National Marine SanctuaryBoundary Waters Canoe areaMinnesotadrinking waterHudson RiverNew YorkMarine Protection, Research, and Sanctuaries ActU.S. Army Corps of EngineersplasticExclusive Economic ZoneResource Conservation and Recovery Actcradle-to-gravehazardous wasteignitablecorrosivereactiverecyclingtoxic substancesComprehensive Environmental Response, Compensation, and Liability Actnavigable watersshorelinesOil Pollution Act of 1990natural resourcesoil pollutionforeign flaggednavigableballast water dischargeU.S. NavyMarine CorpsMilitary Sealift CommandAir ForceUnited States District Court for the Northern District of CaliforniaCruise ship pollution in the United StatesMerchant Shipping (Pollution) Act 2006Merchant Marine Act of 1920U.S. Congressional Research Service33 U.S.C.Clean Boating Act of 200833 CFR42 U.S.C.40 CFR