How Laws Protect Our Oceans From Chemical Pollution

Chemical pollution of the oceans is a pressing issue, with marine water quality and wildlife being seriously affected by chemicals from crude oil, pesticides, pharmaceuticals, and other sources. While laws such as the Clean Water Act and the Oil Pollution Act aim to regulate and prevent chemical pollution, the effectiveness of these laws is varied. For instance, while the Clean Water Act sets wastewater and water quality standards, it has not prevented the degradation of water quality due to plastic pollution. The success of laws in preventing chemical pollution depends on factors such as enforcement, the availability of resources for implementation, and the cooperation of various stakeholders. The complex and far-reaching nature of chemical pollution, which often originates from land-based sources, poses significant challenges to the development and enforcement of effective legislation.

The Clean Water Act and its amendments

The Clean Water Act (CWA) is one of the United States' first and most influential modern environmental laws. It establishes the basic structure for regulating the discharge of pollutants into US waters and sets wastewater standards for industry and water quality standards for contaminants in surface waters. The Act was signed into law in 1948 as the Federal Water Pollution Control Act, but it was renamed the Clean Water Act in 1977. Its laws and regulations are primarily administered by the US Environmental Protection Agency (EPA) in coordination with state governments.

The Clean Water Act has been amended several times to address specific issues related to water pollution. The 1972 amendments significantly changed the law, bringing it into its modern form. The 1977 amendments modified some of the earlier CWA provisions, and the 1987 Water Quality Act (WQA) phased out the construction grants program, replacing it with the Clean Water State Revolving Fund, which addressed water quality needs by building on EPA-state partnerships.

The BEACH Act, signed into law in 2000, amended the Clean Water Act to better protect public health at coastal recreation waters. It requires the EPA to recommend water quality criteria for pathogens (e.g. bacteria, viruses) that states, territories, and tribes can adopt into their water quality standards.

The Oil Pollution Act of 1990 addressed the range of problems associated with preventing, responding to, and paying for oil pollution incidents in US navigable waters. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel- and facility-caused oil pollution.

The Clean Water Act also regulates the discharge of pollutants into wetlands, although this has been substantially limited by the Supreme Court's ruling in Sackett v. Environmental Protection Agency. The extent to which wetlands are regulated under the Act is an ongoing debate, with some landowners seeking no-jurisdiction determinations from the US Army Corps of Engineers (USACE).

The EPA also works with other federal, state, and local agencies to address marine pollution issues. They implement the Marine Protection, Research, and Sanctuaries Act (MPRSA) to prevent or limit the dumping of any material that would adversely affect human health and the marine environment. The EPA's Ocean Dumping Management Program plays a primary role in protecting and preserving ocean and coastal resources.

The Marine Protection, Research and Sanctuaries Act (MPRSA)

Under the MPRSA, the EPA and USACE are responsible for regulating and managing the ocean disposal of dredged materials. They ensure that the materials proposed for ocean disposal are thoroughly evaluated and will not harm the marine environment. The EPA also designates ocean disposal sites and manages the dumping process, including the times, quantity, and characteristics of the disposed materials. Additionally, the EPA and USACE monitor the vessels transporting dredged materials to ensure there is no leakage or spillage during transportation.

The MPRSA authorises the EPA to issue special permits and research permits for ocean dumping. For example, the National Science Foundation is permitted to ocean dump man-made ice piers from its base in Antarctica under an MPRSA general permit. The EPA also regulates point source pollution by establishing limits on what can be discharged by a facility directly into a body of water.

The MPRSA is an important tool in the fight against ocean pollution, and it works in conjunction with other laws and treaties, such as the Clean Water Act, the Oil Pollution Act, the London Convention, and the London Protocol, to protect our oceans and coastal resources.

The Oil Pollution Act of 1990

Several laws and regulations are in place to prevent chemical pollution of the oceans. One notable example is the Oil Pollution Act of 1990, which amended the Clean Water Act to address oil pollution incidents in the navigable waters of the United States.

One of the key components of the Oil Pollution Act is the requirement for oil storage facilities and vessels to submit detailed response plans for significant discharges. These plans outline the steps that will be taken to mitigate the environmental impact of large oil spills. The EPA has established regulations for above-ground storage facilities, ensuring that they adhere to proper storage and handling procedures to minimise the risk of spills.

In addition to the EPA's efforts, the U.S. Coast Guard plays a crucial role in implementing the Oil Pollution Act. They have established regulations for oil tankers and are responsible for responding to and containing oil spills in U.S. waters. The Coast Guard's expertise in maritime operations and emergency response is vital in enforcing the Act's provisions.

The Act has been instrumental in streamlining the response to oil pollution incidents and strengthening the ability of relevant authorities to prevent and mitigate their environmental impact. By holding responsible parties accountable and providing a comprehensive framework, the Oil Pollution Act plays a crucial role in protecting the oceans from the devastating effects of oil spills.

The Shore Protection Act

The EPA, in consultation with the U.S. Coast Guard, is responsible for developing regulations governing the loading, securing, offloading, and cleaning up of such wastes from waste sources, reception facilities, and vessels. The goals of the regulations are to minimize the deposit of waste into coastal waters during vessel loading, transport, and unloading, and to ensure that any deposited waste is reported and cleaned up.

In addition, the CRD activated a series of emergency orders in October 2024 to expedite permit requests related to the repair and reconstruction of regulated activities in Georgia's coastal communities, safeguarding ecosystems while allowing for the efficient cleanup of debris. These emergency orders were implemented in response to the effects of Hurricane Helene on Coastal Georgia.

The Barcelona Convention

The key objective of the Barcelona Convention is to "reduce pollution in the Mediterranean Sea and protect and improve the marine environment in the area". The convention specifically targets pollution from ships, aircraft, and land-based sources, including dumping, run-off, and discharges. Signatories of the convention commit to cooperating in addressing pollution emergencies, monitoring, and scientific research.

To achieve sustainable development, the Barcelona Convention emphasizes the application of the precautionary principle, environmental impact assessments (EIAs), and the promotion of cooperation between coastal states in EIA procedures. It also encourages integrated management of coastal zones, considering ecological and landscape protection, and the rational use of natural resources.

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