Pollution Regulations: Are Ships Sinking The Standards?

Marine pollution from ships is a pressing issue, and regulations have been put in place to address this. The International Convention for the Prevention of Pollution from Ships, commonly known as MARPOL, is a key treaty that sets out standards and requirements to minimise pollution from ships. It includes six technical annexes that cover various sources of ship-generated pollution, such as oil spills, sewage discharge, and air pollution. The effectiveness of these regulations is a matter of ongoing discussion, with some arguing that they are not achieving the desired reductions in air pollution. The enforcement of these regulations falls on organisations like the US Coast Guard and the Environmental Protection Agency (EPA).

Whistleblower reward provisions

The Act to Prevent Pollution from Ships (APPS) is a US federal law enacted to implement the 1973 provisions of the International Convention for the Prevention of the Pollution from Ships treaty, also known as MARPOL. MARPOL consists of six separate Annexes that set out regulations covering the various sources of ship-generated pollution.

APPS includes whistleblower provisions to help combat illegal pollution and incentivize workers to expose any known information about pollution from ships. Whistleblowers are essential to alerting authorities of APPS violations and providing information that leads to successful prosecutions. The introduction of whistleblower reward provisions to APPS can be found under 33 U.S. Code § 1908, which states:

> "a person who knowingly violates the MARPOL Protocol, Annex IV to the Antarctic Protocol, this chapter, or the regulations issued thereunder commits a class D felony. In the discretion of the Court, an amount equal to not more than ½ of such fine may be paid to the person giving information leading to conviction."

Those who come forward with violations of APPS or MARPOL may be compensated up to 50% of the monetary penalties that the US government receives from the guilty parties. The average reward granted to whistleblowers as a result of successful APPS prosecutions was 28.8% of the total amount of funds collected by the government. Between 1993 and 2017, the US courts awarded 205 whistleblowers a sum of approximately $33 million in 100 prosecutions under APPS. The largest amount ever paid to an individual whistleblower was $2,100,000 (USA v. Omi Corporation), while $5,250,000 is the largest amount ever paid to a group of APPS whistleblowers from the Philippines (USA v. Overseas Shipping). Whistleblowers do not need to be US citizens to receive a reward.

The prevention of pollution by sewage from ships

The International Convention for the Prevention of Pollution from Ships, or MARPOL, is the main international convention covering the prevention of marine pollution by ships. It was adopted on 2 November 1973 and entered into force on 2 October 1983. The convention includes six technical Annexes, with Annex IV specifically addressing the prevention of pollution by sewage from ships.

Annex IV contains a set of regulations regarding the discharge of sewage into the sea from ships, including requirements for ships' equipment and systems for sewage discharge control, the provision of port reception facilities for sewage, and survey and certification requirements. The discharge of raw sewage into the sea is prohibited, except when the ship has an approved sewage treatment plant in operation or is discharging comminuted and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land. Sewage that is not comminuted or disinfected must be discharged at a distance of at least 12 nautical miles from the nearest land.

To address the problem of sewage treatment on ships, it is important for the crew to be properly trained. The master of the ship should ensure that all staff members are familiar with international and local regulations and are aware of the do's and don'ts of using the toilet, such as not disposing of non-biodegradable items or using unapproved cleaning chemicals. Regular checks and maintenance of the sewage plant are also crucial, including monitoring the chlorine content in the effluent and keeping a log of the opening and closing of the discharge valve.

Port State Control inspectors play a vital role in enforcing these regulations by conducting inspections when a ship arrives in port. They target the ship's pollution prevention system, including the sewage system, to ensure compliance with international and local standards. Non-compliance can result in criminal and/or civil liability, with whistleblowers playing a crucial role in alerting authorities to violations and receiving compensation for successful prosecutions.

The prevention of air pollution from ships

Marine pollution from ships has a significant impact on the environment and human health. To tackle this, the International Maritime Organization (IMO), a United Nations agency, developed the MARPOL Convention, which stands for the International Convention for the Prevention of Pollution from Ships.

MARPOL consists of six separate Annexes, which set out regulations to prevent and minimise ship-generated pollution, including accidental pollution and that from routine operations. Annex I and II are mandatory for all signatory nations, while Annexes III-VI are optional. The United States, for example, has incorporated Annexes I, II, V, and VI into law through the Act to Prevent Pollution from Ships (APPS), which was passed in 1980. APPS applies to US commercial vessels and non-US commercial vessels operating in US waters or ports of US jurisdiction.

Annex VI of MARPOL specifically addresses air pollution from ocean-going ships. It establishes limits on nitrogen oxide (NOx) emissions and requires the use of fuel with lower sulfur content, thereby reducing ozone-producing pollution, which can cause smog and aggravate asthma. These requirements apply to vessels operating in US waters and within 200 nautical miles of the North American coast, known as the North American Emission Control Area (ECA). To comply with Annex VI, flagged vessels must have an Engine International Air Pollution Prevention (EIAPP) certificate, issued by the Environmental Protection Agency (EPA), and some vessels are also required to have an International Air Pollution Prevention Certificate (IAPP) from the US Coast Guard.

In addition to the international efforts through MARPOL, regional organisations like the European Union (EU) are also working to reduce air pollution from ships. The European Maritime Safety Agency (EMSA), for instance, is an EU agency that helps enforce pertinent EU legislation to reduce the environmental footprint of maritime transport. The EU has implemented regulations to reduce the sulphur content of liquid fuels used by ships, with specific limits for passenger ships operating between EU ports.

The prevention of pollution by harmful substances

The International Convention for the Prevention of Pollution from Ships, or MARPOL, is a set of regulations aimed at preventing and minimising marine pollution from ships. It was developed by the International Maritime Organization (IMO), a United Nations agency that deals with maritime safety and security, as well as the prevention of marine pollution from ships.

MARPOL consists of six technical Annexes, which set out regulations covering the various sources of ship-generated pollution. While Annexes I and II are mandatory for all signatory nations, Annexes III to VI are optional. The United States, for example, has incorporated Annexes I, II, III, V, and VI into law through the Act to Prevent Pollution from Ships (APPS).

Annex III: Regulations for the Prevention of Pollution by Harmful Substances in Packaged Form

Annex III contains general requirements for the issuing of detailed standards on packing, marking, labelling, documentation, stowage, quantity limitations, exceptions, and notifications. Harmful substances are identified as marine pollutants in the International Maritime Dangerous Goods Code or meet the criteria in the Appendix of Annex III.

Annex IV: Regulations for the Prevention of Pollution by Sewage from Ships

Annex IV contains requirements to control pollution of the sea by sewage. The discharge of sewage into the sea is prohibited, except when the ship has an approved sewage treatment plant in operation or when the ship is discharging comminuted and disinfected sewage using an approved system at a distance of more than three nautical miles from the nearest land. Sewage that is not comminuted or disinfected must be discharged at a distance of more than 12 nautical miles from the nearest land.

Annex VI: Regulations for the Prevention of Air Pollution from Ships

Annex VI sets limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibits deliberate emissions of ozone-depleting substances. It also includes mandatory technical and operational energy efficiency measures aimed at reducing greenhouse gas emissions from ships.

Enforcement and Whistleblowers

The United States Coast Guard and the U.S. Environmental Protection Agency (EPA) are the main enforcers of MARPOL and APPS within the U.S. In addition, APPS includes whistleblower provisions to help combat illegal pollution and incentivize workers to expose any known information about pollution from ships. Whistleblowers play a crucial role in alerting authorities of APPS and MARPOL violations, and they may be compensated with up to 50% of the monetary penalties that the U.S. Government receives from the guilty parties.

The prevention of pollution by garbage from ships

The International Convention for the Prevention of Pollution from Ships, or MARPOL, is the primary international treaty addressing marine pollution by ships from operational or accidental causes. MARPOL was adopted in 1973 by the International Maritime Organization (IMO), a United Nations agency focused on maritime safety, security, and pollution prevention. The convention entered into force in 1983, with subsequent amendments and annexes added over the years to address emerging issues.

MARPOL consists of six technical annexes, with Annexes I and II being mandatory for all signatory nations, while Annexes III to VI are optional. The United States, for example, has incorporated Annexes I, II, III, V, and VI into its legislation through the Act to Prevent Pollution from Ships (APPS) and equivalent regulations.

Annex V of MARPOL specifically addresses the prevention of pollution by garbage from ships. It details the types of garbage, the distances from land, and the manner in which they may be disposed of. One of the most crucial aspects of Annex V is the complete ban on the disposal of plastics into the sea. This is particularly important as plastics can be just as deadly to marine life as oil or chemicals, with plastic items endangering fish and marine mammals through ingestion or entanglement.

To facilitate compliance with Annex V, port reception facilities (PRF) are required to be established at ports and terminals. These facilities must be able to receive garbage from ships without causing undue delays. Regulation 8.3 of Annex V provides flexibility for Small Island Developing States (SIDS) to meet these requirements through regional arrangements, considering their unique circumstances.

Additionally, port state control officers are authorized to inspect foreign-flagged ships if there are reasonable grounds to believe that the crew is unfamiliar with essential shipboard procedures related to garbage pollution prevention. Ships over 12 meters in length must also display placards notifying passengers and crew of the disposal requirements specified in Annex V, written in the working language of the crew as well as English, French, or Spanish when traveling to other states' ports.

In the Arctic, discharge of garbage into the sea is permitted under specific conditions outlined in Regulation 4 of Annex V. Food waste, for instance, must be discharged at least 12 nautical miles from the nearest land, ice shelf, or fast ice, and it must be comminuted or ground to pass through a 25mm screen.

Overall, the prevention of pollution by garbage from ships is a critical aspect of MARPOL, with Annex V providing detailed regulations to address this issue and ensure the protection of the marine environment.

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