A variety of federal laws and international agreements applies to the operation of cruise ships in U.S. waters. This summary was taken from a white paper published in August 2000 by the U.S. Environmental Protection Agency.
The Clean Water Act: Section 301 prohibits the discharge of any pollutant from a point source (a pipe or other easily identifiable means of discharge) into waters of the United States, unless a permit is obtained and other provisions of the Clean Water Act are complied with. Section 402 establishes the National Pollutant Discharge Elimination System (NPDES) permit program to regulate the discharge of pollutants from point sources to waters of the United States. The Clean Water Act’s definition of point sources includes vessels.
Even so, the law exempts the following discharges from the need to obtain NPDES permits: discharges of sewage from vessels; effluent from properly functioning marine engines; laundry, shower, and galley sink wastes; and any other discharge incidental to the normal operation of a vessel.
Section 312 of the Clean Water Act establishes effluent standards for marine sanitation devices (MSDs); an MSD refers to equipment designed to treat or store sewage before it is discharged. This section also describes procedures for the designation of “no- discharge zones” (NDZs) for vessel sewage. The Coast Guard has primary enforcement authority over sewage discharges, although states can also enforce federal standards. This section requires MSDs for all commercial and recreational vessels with toilets. However, does not apply to vessels beyond the three-mile limit of U.S. territorial waters. The EPA is responsible for developing performance standards for MSDs, while the Coast Guard is responsible for certifying compliance. States may not establish MSD standards different from these Federal standards, except on houseboats.
Most cruise ships have Type III MSDs, or holding tanks, where sewage is kept until it can be disposed of. Under section 312, the EPA can issue regulations establishing No Discharge Zones for vessel sewage if a state certifies that the waters need additional protection to protect environmentally sensitive areas such as shellfish beds, coral reefs, and fish spawning areas or if the waters are used for drinking purposes. Among the factors considered when establishing NDZs are whether there are safe and adequate pump-out facilities for shore disposal of vessel sewage.
The Oil Pollution Act of 1990: This prohibits the discharge of oil or hazardous substances in quantities harmful to navigable waters, shorelines, or waters that may affect natural resources in the Exclusive Economic Zone, which extends from the shoreline to 200 miles. OPA regulations also prohibit the discharge of oil within 12 miles of shore unless it is passed through an oil-water separator and does not cause a visible sheen or exceed 15 parts per million.
Beyond 12 miles, oil or an oily mixture may be discharged while proceeding en route if the oil content of the effluent is less than 100 ppm. Vessels are required to maintain an Oil Record Book, which records, among other things, the disposal of oily residues and the discharge or disposal of bilge water.
The International Convention for the Prevention of Pollution from Ships (MARPOL) and the Act to Prevent Pollution From Ships (APPS): The MARPOL Convention governs the release of oil, hazardous substances, and garbage into the marine environment. MARPOL Annex IV deals with the control of sewage and other “gray water. Annex V deals with garbage (which includes plastics, metal, glass, galley wastes and other materials). Annex VI addresses vessel air emissions. The Act to Prevent Pollution from Ships is U.S. legislation implementing certain provisions of MARPOL.
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 or terminal under the jurisdiction of the United States. With respect to oil and noxious substances, APPS places requirements only on seagoing ships (including cruise ships). Those requirements limit discharges of oil and noxious substances, establish reporting requirements for discharges, and establish specific requirements for monitoring equipment and record keeping aboard vessels. APPS was amended by the Marine Plastic Pollution Research and Control Act of 1987, which implements the provisions of Annex V of MARPOL relating to garbage and plastics. It applies to all vessels operating on navigable waters and the EEZ of the United States and to U.S. flagged vessels wherever they are.
APPS prohibits the discharge of any plastic (including synthetic ropes, fishing nets, plastic bags, and biodegradable plastics) into water. Other garbage, including paper products, rags, glass, metal, bottles, crockery, and similar waste, cannot be discharged into navigable waters or waters within 12 nautical miles of land, unless it has been ground up (“macerated”). Macerated wastes cannot be discharged within three miles of land.
MARPOL’s Annex IV prohibits the discharge of all vessel sewage within 4 miles of shore unless the vessel has in operation an approved sewage treatment facility. Between 4 and 12 miles out, a vessel may discharge sewage that has been put through a grinder and chlorinated. Beyond 12 miles, Annex IV requires no treatment of vessel sewage.
The Resource Conservation and Recovery Act (RCRA): This act imposes management requirements on generators or transporters of hazardous waste. Cruise ships regularly use chemicals for operations ranging from routine maintenance (cleaning and painting) to passenger services (dry cleaning, beauty parlors, and photography labs).
Marine Protection, Research, and Sanctuaries Act (MPRSA): MPRSA prohibits the transportation of any material from the United States for the purpose of disposal without a permit; and the transportation of any material by U.S. flagged vessels, U.S. departments, agencies, or instrumentalities for the purpose of dumping it into ocean waters without a permit. The MPRSA prohibits ocean dumping of sewage sludge and industrial waste, as well as radiological, chemical, and biological warfare agents; high-level radioactive waste; or medical waste.
Title III of MPRSA establishes the National Marine Sanctuary Program. Overseen by the National Oceanic and Atmospheric Administration, Title III contains provisions for compensation for the destruction or loss of sanctuary resources including vessel liability provisions, which apply to oil spills, groundings, or other actions that damage marine sanctuary resources.
The Shore Protection Act (SPA): This was enacted to minimize trash, medical debris, and other unsightly and potentially harmful materials from being deposited in U.S. coastal waters as a result of inadequate waste handling by vessels and on-shore facilities. EPA develops regulations governing waste handling and the Department of Transportation issues permits and enforces regulations.
Volume 13, Number 8 February 2003