Amendments To Protect Our Oceans: Pollution And The Law

There are several laws and amendments that relate to ocean pollution. The Clean Water Act (CWA), originally enacted in 1948 as the Federal Water Pollution Control Act and amended several times since, establishes the basic structure for regulating discharges of pollutants into US waters and sets wastewater and water quality standards. The Oil Pollution Act of 1990 is another amendment to the CWA, addressing the prevention of, response to, and liability for oil pollution incidents in US waters. The Marine Protection, Research, and Sanctuaries Act, or Ocean Dumping Act, prohibits ocean dumping that would endanger human health or the marine environment. The Marine Debris Act, first enacted in 2006, has also been amended several times to address marine debris and its impacts on the marine environment and the economy. Other relevant laws include the Coral Reef Conservation Act, the Magnuson-Stevens Fishery Conservation and Management Act, and the Endangered Species Act.

The Clean Water Act

Under the CWA, it is unlawful for any person or entity to discharge any pollutant from a point source into US waters without a permit. The EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls these discharges, issuing permits that meet or exceed the established guidelines and standards. The EPA also regulates waste streams generated from offshore oil and gas activities and has funded the construction of sewage treatment plants to address critical problems posed by nonpoint source pollution.

The CWA has been amended several times to strengthen its provisions and address specific issues related to water pollution. For example, the Oil Pollution Act of 1990 amended the CWA to address the wide range of problems associated with oil pollution incidents in US navigable waters. It established a comprehensive prevention, response, liability, and compensation regime for vessel- and facility-caused oil pollution. The Marine Plastic Pollution Research and Control Act (MPPRCA) of 1987 also amended the CWA, requiring the EPA and the National Oceanic and Atmospheric Administration (NOAA) to study the effects of improper plastic disposal and methods to reduce or eliminate adverse environmental impacts.

The CWA's impact extends beyond the regulation of industrial discharges. It also includes provisions for protecting and restoring oceans, watersheds, and aquatic ecosystems. The EPA's Office of Water (OW) plays a crucial role in ensuring safe drinking water and maintaining healthy habitats for fish, plants, and wildlife. Additionally, the CWA has been amended to include specific requirements for certain facilities, such as the Oil Pollution Prevention regulation, which mandates that non-transportation-related facilities develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans to prevent oil discharges from reaching navigable waters and adjoining shorelines.

Oil Pollution Act of 1990

The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed into law by President George H. W. Bush on August 18, 1990. The Act was a response to a series of oil spills in the preceding decades, including the Torrey Canyon spill and an oil platform eruption in the Santa Barbara Channel, which brought the issue of oil pollution into the public spotlight.

The OPA amended the Clean Water Act of 1972 and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in the navigable waters of the United States. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel- and facility-caused oil pollution. The Act requires oil storage facilities and vessels to submit plans detailing how they will respond to large discharges, enforcing the removal of spilled oil and assigning liability for the cost of cleanup and any resulting damage.

The OPA defines responsible parties and financial liability, with strict, joint, and several liability for the cost of removing the spilled oil, in addition to any damages linked to the discharge. It also implements processes for measuring damages and specifies the damages for which violators are liable. The Act allows for additional liability enacted by other relevant state laws and establishes a fund for damages, cleanup, and removal costs, known as the Oil Spill Liability Trust Fund. This fund is managed by the federal government and financed by a per-barrel tax on crude oil produced or imported into the United States for consumption.

The OPA has resulted in instrumental changes in the oil production, transportation, and distribution industries, with new requirements for contingency planning by government and industry under the National Oil and Hazardous Substances Pollution Contingency Plan. It also increased penalties for regulatory non-compliance and broadened the response and enforcement authorities of the federal government, while preserving state authority to establish laws governing oil spills.

Marine Plastic Pollution Research and Control Act

Marine plastic pollution is a pressing issue that necessitates legislative action to safeguard marine ecosystems and mitigate the detrimental impacts of plastic waste on the environment. The Marine Plastic Pollution Research and Control Act (MPPRCA) of 1987, amended in 1994, exemplifies a pivotal legal framework aimed at addressing this global concern.

The Act to Prevent Pollution from Ships

The MPPRCA serves as an amendment to the Act to Prevent Pollution from Ships (APPS), which implements the provisions of Marpol 73/78. Marpol, an abbreviation for marine pollution, refers to the International Convention for the Prevention of Pollution from Ships, established in 1973 and modified by the Protocol of 1978. The APPS, enacted in U.S. law as 33 U.S.C. §§1905-1915, sets the foundation for regulating ship-borne pollution.

Key Provisions of the MPPRCA

The MPPRCA mandates a collaborative effort between the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) to comprehensively study the environmental repercussions of improper plastic disposal. This includes investigating methods to mitigate or eradicate these adverse effects, ensuring a proactive approach to tackling plastic pollution. Additionally, the act requires the EPA, NOAA, and the U.S. Coast Guard to assess the effectiveness of utilizing volunteer groups in monitoring floatable debris.

Amendments to the MPPRCA in 1994

The 1994 amendments to the MPPRCA introduced further measures to combat marine plastic pollution. It authorized the Secretary of the department overseeing the Coast Guard to issue certificates attesting to the adequacy of garbage reception facilities at ports or terminals. These certificates are valid for five years, contingent on the absence of changes in operators. The act also directed the Secretary to promulgate regulations mandating the posting of placards at ports or terminals subject to MARPOL Protocol. These placards serve to inform users of the requirement to report facility inadequacies to the Secretary. Furthermore, the amendments required all vessels to display placards and conduct briefings to notify crew and passengers of the obligations outlined in Annex V of the MARPOL Convention.

Other Relevant Legislation

While the MPPRCA stands as a pivotal piece of legislation, it is worth noting the existence of other laws that collectively contribute to the effort to protect oceans from pollution. The Clean Water Act (CWA), originally established in 1948 as the Federal Water Pollution Control Act and amended in 1972 and 1977, serves as the primary law governing pollution control and water quality in U.S. waterways. The CWA empowers the EPA to implement pollution control programs and set wastewater standards for industries. Additionally, the Oil Pollution Act of 1990 addresses the prevention, response, liability, and compensation aspects of oil pollution incidents in U.S. navigable waters.

Magnuson-Stevens Fishery Conservation and Management Act

The Magnuson-Stevens Fishery Conservation and Management Act (FCMA) was enacted to establish a fishery conservation zone between the territorial seas of the United States and 200 nautical miles offshore. It gives the US exclusive fishery management authority over fish within this zone, excluding highly migratory species. The Act also sets out regulations for foreign fishing within the zone through international fishery agreements, permits, and import prohibitions. Additionally, it establishes national standards for fishery conservation and management, with eight regional fishery management councils responsible for applying these standards in fishery management plans.

The Act has been amended several times to strengthen its provisions. In 1996, the Sustainable Fisheries Act (SFA) was passed to address the significant decline in fish stocks due to habitat loss. The MSA Reauthorization Act of 2006, signed into law by President Bush in 2007, introduced annual catch limits and accountability measures to combat overfishing. It also promoted market-based management strategies and enhanced international cooperation to address illegal and unregulated fishing.

The 2007 Reauthorization Act further refined fisheries science and conservation by strengthening the role of science through peer review and various scientific committees. It also directed the US to strengthen international fisheries management organizations. In 2011, the National Ocean Policy Implementation Plan, mandated under the Magnuson-Stevens Act, outlined a holistic, science-based approach to ecosystem-based fisheries management. This approach, known as EBFM, guides long-term decision-making and ensures the incorporation of EBFM principles into resource management.

On December 31, 2018, the Modernizing Recreational Fisheries Management Act, also known as the Modern Fish Act, further amended the Magnuson-Stevens Act. This amendment focuses on improving recreational fishing data and the management of mixed-use fisheries. It includes requirements for new reports, studies, and guidance related to fisheries management and science.

Marine Protection, Research, and Sanctuaries Act

The Marine Protection, Research, and Sanctuaries Act (MPRSA), also known as the 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.

The MPRSA prohibits the transportation of material from the United States for the purpose of ocean dumping, as well as the transportation of any material from anywhere for the purpose of ocean dumping by US agencies or US-flagged vessels. It also prohibits the dumping of material transported from outside the United States into US territorial waters. A permit is required to deviate from these prohibitions. The standard for permit issuance is whether the dumping will "unreasonably degrade or endanger" human health, welfare, or the marine environment. The EPA is responsible for developing ocean dumping criteria to be used in evaluating permit applications.

The MPRSA applies to all ocean waters seaward of the baseline from which the territorial sea is measured. The baseline is typically the mean lower low water line (ordinary low water mark) along the coast or "closing lines" depicted on official United States Nautical Charts. Monitoring activities are typically of two main types: compliance monitoring and confirmatory field monitoring. If monitoring suggests that disposal operations are endangering the marine ecosystem, human health, or other ocean uses, the Administrator may modify, suspend, or terminate site use.

The MPRSA also provides for the designation and regulation of marine sanctuaries, referred to as the National Marine Sanctuaries Act. The NOAA National Marine Sanctuary program manages a network of underwater areas that are protected by the US. These areas are protected to preserve natural and cultural resources while allowing people to enjoy the waters. The MPRSA authorized the creation of nine regional marine research boards to develop comprehensive marine research plans, considering water quality, ecosystem conditions, and research and monitoring priorities and objectives in each region.

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