About the major laws governing pollution

Act to Prevent Pollution from Ships (APPS)

In the U.S., the Act to Prevent Pollution from Ships (APPS)² enacts some of the MARPOL regulations by establishing requirements for the following:

• Oil abatement equipment, such as oil-water separators and monitoring equipment
• Oil discharges allowed at sea
• Construction of ballast tanks, crude oil washing systems and inert gas systems
• Shipboard Oil Pollution Emergency Plans (SOPEPs).

The United States Coast Guard (USCG) may board U.S. ships and foreign vessels in U.S. waters (in port or at offshore terminals) to verify whether the ship complies with MARPOL. If its flag state has ratified MARPOL Annex I, a foreign ship entering U.S. waters must have an International Oil Pollution Prevention (IOPP) certificate. If the flag state has not ratified the Convention, the ship must carry evidence of compliance with MARPOL.

A USCG examination may include checking the vessel’s certificates (e.g., IOPP certificate), records (e.g., oil record book), documents (e.g., SOPEP) and oil transfer procedures. The examination may also include verification that the vessel is properly equipped with oily water separators.

DISCHARGE REPORTS

The master, or other person in charge of a ship, must report:

1. Any discharge that is prohibited by MARPOL
2. A permitted discharge if it is permitted because:
   1. it is for purposes of securing the safety of the ship or saving life at sea, or
   2. it results from damage to the ship or its equipment;
3. The probability of any discharge referred to in (1) and (2).

Federal Water Pollution Control Act, a.k.a. The Clean Water Act

The Clean Water Act (CWA), the main water pollution control tool in the U.S., prohibits all discharges unless permitted.³

The Clean Water Act has two primary goals:

1. To eliminate discharges into the navigable waters of the U.S.
2. To ensure water quality to protect fish and wildlife.

Specifically, it prohibits discharges of oil or hazardous substances in such quantities as may be harmful…

1. Into or upon the navigable waters of the U.S., adjoining shorelines, or into or upon the waters of the contiguous zone, or
2. Which may affect natural resources in the U.S. Exclusive Economic Zone (EEZ) of 200 nautical miles.

The CWA also requires you to report a spill of a harmful quantity of oil that causes a sheen or emulsion in the water, as well as the release of a reportable quantity of a hazardous substance to the National Response Center (NRC).

Oil Pollution Act of 1990

The Oil Pollution Act of 1990 (OPA), which amends part of FWPCA/CWA, requires owners and operators of tank vessels and onshore and offshore facilities to develop and submit for approval an Oil Response Plan.⁴ These plans must, among other things, identify a qualified individual (QI) who is immediately available and who has full authority to implement actions provided in the plans.

Response plans must identify and ensure the availability of private personnel and equipment necessary to remove discharge to the maximum extent practicable.

Ports and Waterways Safety Act of 1972

Designed to ensure the safety of ships entering and leaving U.S. ports, the Ports and Waterways Safety Act (PWSA) requires ships to have communication equipment and authorizes the USCG to direct ship traffic if necessary.⁵

Under the PWSA, the USCG can deny a vessel entry to a U.S. port if that vessel has a history of pollution incidents or discharges any oil or hazardous material in U.S. waters.

Marine Plastic Pollution Research and Control Act of 1987

This Act implements MARPOL 73/78 Annex V in the U.S.⁶ It applies to ship-generated garbage, and it aims to reduce the amount of garbage—both plastics and other persistent wastes—that ships dump into the oceans. It also prohibits all ships from dumping plastics into the sea.

The Act requires:

• Adequate waste reception facilities at U.S. ports
• Manned ships of certain sizes to display pollution prevention placards
• Certain ships to develop a waste management plan
• Certain manned ships to maintain waste for disposal on shore
• Prohibits non-plastic garbage to be dumped within 25 nautical miles of the coast if it floats, or 12 miles from the coast if it does not float.

Intervention on the High Seas Act

The Intervention on the High Seas Act (IHSA) is aimed at preventing or responding to oil pollution from vessels.⁷

The Act authorizes the USCG to take action to prevent, mitigate, or eliminate the danger of vessel oil pollution on the high seas in the following circumstances:

• There is a material damage or the imminent threat of material damage to a ship or its cargo
• This damage or threat results from a ship’s collision, stranding, or other incident
• This damage or threat creates a grave and imminent damage to the U.S. coastline or related interests.

The U.S. can hold any person who violates a provision of the Act or refuses to cooperate with the USCG criminally liable.

² 33 U.S.C. §1901–1915

³ 33 U.S.C. 1251 et seq.;33 C.F.R. Parts 151, 154, 156 and 159; 40 C.F.R. Parts 100–149 and 300.

⁴ 33 U.S.C. 2701 et seq, 1223, 1321, 2712, 2716; 46 U.S.C. 4107, 3701, 3715;33 C.F.R. Parts 1–3, 20, 26, 150, 155–157, 160–62, 164 and 165; 46 C.F.R. Parts 10, 12, 16 and 30–32.

⁵ 33 U.S.C. 1228 et seq.

⁶ 33 U.S.C. 1901 et seq.; 33 C.F.R. 151.51 et seq.

⁷ 33 U.S.C. 1471 et seq.

Ways to prevent pollution

The crew and officers should discuss safety and environmental concerns, reviewing any written documentation jointly, before an operation that has the potential to create pollution begins. The recommendations listed here provide some factors to consider, but you should follow your ship’s protocol.

Transferring liquid cargoes or fuels
Before starting, DO:	DON’T:
Have a safety briefing. Discuss hazards and safety equipment. Have suitable absorbent material available on deck. Plug deck scuppers. Have portable emergency transfer pump ready. Close all sea valves and overboard valves. Establish communication between off-loading vessel and on-loading vessel. Arrange an emergency stop signal.	Don’t top off tanks at full loading rate. Go slowly. Don’t disconnect hoses before they have drained. Remember to vent them so they can drain.
During pumping, DO:
Check the sea regularly for signs of leaks. Ensure good communication between people on deck and people in cargo control room. Leave enough ullage (empty space) in cargo tanks for line drainage and thermal expansion.

What to do in the case of an oil spill:

1. Report the incident
2. Provide all reasonable cooperation and assistance requested by a government official in connection with removal activities
3. Comply with a clean-up order issued by an appropriate governmental official
4. Seek legal council if you have questions about your rights

A responsible party should expect investigations from many sources—both state and federal.

In the event of a marine casualty, the USCG investigates to determine the cause of the accident. The USCG may also conduct a personnel investigation to determine whether a U.S. licensed individual contributed to the accident.

National Transportation Safety Board (NTSB) may investigate a major marine casualty in the case of loss of 6 or more lives; loss of vessel of 100 or more gross tons; $500,000 or more of property damage; or serious threat to life, property, or the environment due to a spill. The NTSB attempts to determine the probable cause and issues a report of that determination.

These other government agencies may also investigate oil spills:

• Environmental Protection Agency (EPA)
• Department of Justice (DOJ)
• Federal Bureau of Investigation (FBI)
• Occupational Safety and Health Administration (OSHA)
• Flag states
• State and local agencies, including police, the local district attorney and the attorney general.
• Responsible party internal investigations, including National Oceanic and Atmospheric Association Natural Resource Damage Assessment (NRDA) investigations.