UNDERSTANDING. U.S. Pollution Laws: A Seafarer s Guide

Transcription

1 UNDERSTANDING U.S. Pollution Laws: A Seafarer s Guide

2 To report a pollution incident involving your vessel, you should contact the National Response Center. The National Response Center (NRC) is the sole federal point of contact for reporting oil and chemical spills. To report a spill, contact the NRC via their toll-free number or complete an online spill-report form at The NRC website contains additional information on reporting requirements and procedures. For those without 800 access, please contact them at The NRC operates 24 hours a day, 7 days a week, 365 days a year. These materials produced in cooperation with the National Fish and Wildlife Foundation and the Massachusetts Maritime Academy. Illustrations: Lisa Lavoie Brochure design: BlissDesign.com 2

3 This offers a general guide to some of the United States environmental laws that cover your and your fellow crew members actions while working aboard a vessel. The Center for Seafarers Rights POLLUTION LAWS at the Seamen s Church Institute (SCI) publishes this and other materials on environmental issues to equip you with information on your rights while employed and to help you inform other seafarers. We encourage questions, comments and suggestions from readers. Some provisions of these laws may have changed since publication. The following summary of portions of U.S. laws and regulations does not replace either the full text of the laws or the advice of qualified counsel. U.S. Environmental Laws In the last few years, seafarers entering United States waters have encountered vigorous and frequent investigations and prosecutions of environmental crimes and related offenses. These prosecutions usually involve a charge of deliberate discharge of oil by someone (or multiple people) aboard the vessel. More often, officials bring charges against persons who tried to cover up the action through false record book entries. 3

4 POLLUTION LAWS A variety of reasons can lead to the belief that violating a law might not be a bad idea: saving time, saving money for the company, or saving a job (because of an order from a superior). But generally a violation has the opposite effect, leading to large fines for the company and seafarers, long trials and possible jail time. 4

5 POLLUTION LAWS While most seafarers behave honorably throughout the course of their employment, it is critical for all seafarers to understand the importance of protecting the marine environment, the United States laws that govern pollution offenses and the consequences of violating those laws. Seafarers may also find themselves serving as witnesses in pollution cases, possibly having to stay in the U.S. until they can give their testimony. Several important statutes in United States law regulate marine pollution. The U.S. has ratified a number of international conventions you may already be familiar with, such as MARPOL. 1 Other laws exist that you may not know of but still need to follow while in U.S. waters. 1 MARPOL is the International Convention for the Prevention of Pollution from Ships. It specifies standards for stowing, handling, shipping and transferring pollutant cargoes, as well as standards for discharging of ship-generated wastes. Annexes to the MARPOL Convention set out regulations covering the various sources of ship-generated pollution. Annex I and II are mandatory for all signatories to MARPOL. Annexes III, IV and V are considered optional. The five annexes are: Annex I Regulations for the Prevention of Pollution by Oil; Annex II Regulations for the Prevention of Pollution by Noxious Liquid Substances (NLS); Annex III Regulations for the Prevention of Pollution by Harmful Substances in Packaged Forms; Annex IV Regulations for the Prevention of Pollution by Sewage; and Annex V Regulations for the Prevention of Pollution by Garbage. 5

6 POLLUTION LAWS Seafarers encounter many different types of waste during the course of their work, all of which they must dispose of according to national and international laws and regulations. For further information, SCI s The Importance of Protecting the Marine Environment explains more about the types of pollution and the ways pollution from shipping impacts the environment. 6

7 About the major laws governing pollution Act to Prevent Pollution from Ships POLLUTION LAWS 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) U.S.C

8 POLLUTION LAWS 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: a. it is for purposes of securing the safety of the ship or saving life at sea, or b. it results from damage to the ship or its equipment 3. The probability of any discharge referred to in (1) and (2). 8

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10 POLLUTION LAWS 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) U.S.C et seq.;33 C.F.R. Parts 151, 154, 156 and 159; 40 C.F.R. Parts and

11 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 POLLUTION LAWS 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 U.S.C et seq, 1223, 1321, 2712, 2716; 46 U.S.C. 4107, 3701, 3715;33 C.F.R. Parts 1 3, 20, 26, 150, , , 164 and 165; 46 C.F.R. Parts 10, 12, 16 and U.S.C et seq. 11

12 POLLUTION LAWS 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 U.S.C et seq.; 33 C.F.R et seq. 12

13 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 POLLUTION LAWS 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 U.S.C et seq. 13

14 Ways to prevent pollution PREVENTION 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. 14

15 Disposal of oil residues from oily barges and slop tanks: DO: Use port facilities for oily bilge and slop tank waste. Properly maintain and use oily water separator to remove oil from bilge. Only discharge to the sea during daylight hours, and watch for an oil sheen. Shut off discharge pump if oil sheen is visible. Maintain equipment in engine room so that oil leakage and drainage into bilge are minimized; for example, do not overfill oil reservoirs. DON T: Don t allow solvents or detergents to get into bilge or slop water. They interfere with oily water separator operation. Don t discharge slop-tank if contents have emulsified or foamed. Emulsions can be separated by a slow heating of the slop tank. Don t discharge bilge waste in Special Areas. Don t PREVENTION discharge bilge waste if oily water separator or monitor is not working. Don t bypass discharge monitor for regular discharges. (In a flood emergency, the pump shutoff function of the discharge monitor may not be bypassed to keep the bilge pumps running. The monitor must still be recording.) 15

16 Disposal of garbage DO: Use port facilities for garbage and recyclables. Recycle. Follow ship procedures for separating plastics, recyclables and other garbage types. Dispose of excess packaging before bringing items aboard ship. PREVENTION DON T: Don t allow plastics or packing materials to go overboard. Don t throw anything overboard on your own. All discharges must be approved by officers and properly logged. Don t discharge non-food/ non-plastic garbage larger than 25 millimeters within 12 nautical miles of shore or within a Special Area. Don t discharge food waste smaller than 25 millimeters within 3 nautical miles of shore outside Special Areas, or within 12 miles of shore inside Special Areas. Don t discharge food larger than 25 millimeters within 12 nautical miles of shore anywhere. 16

17 Tank-cleaning operations and ballasting operations DO: Use port facilities for oil ballast water when available. Use oily water separators for oil ballast water when more than 12 nautical miles off shore. Slow discharge pumping rate as oily water interface is approached. DON T: Don t take on ballast water into any tank that has not been cleaned. Don t bypass oil/discharge monitoring equipment. Disposal of residues and noxious materials from chemical tankers PREVENTION DO: Use port reception facilities. Know MARPOL limits for chemical residue being handled. Know hazard information about chemical residue being handled. 17

18 Transferring liquid cargoes or fuels PREVENTION Before starting, DO: 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. 18

19 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. DON T: 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. PREVENTION 19

20 Machinery operations with potential to pollute Some pieces of machinery can cause pollution when they malfunction. If you are assigned to engine room watch, be familiar with all the machinery and know the possibilities for oil pollution that can come from internal equipment problems. Here are some examples: All air compressors carry over a trace of oil into the compressed air receiver. This oil is removed by a coalescing filter. An air compressor with worn or incorrect seals can carry over large quantities of oil. The oil will then overwhelm the filter and be drained out with the PREVENTION condensed moisture in the air-cooler section of the air compressor. Oil coolers and heat exchangers can pollute if oil seeps through a tube leak to the water side. Oil can carry over into an inert gas scrubber and be discharged with the scrubber discharge. 20

21 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 counsel if you have questions about your rights OIL SPILLS 21

22 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. OIL SPILLS 22

23 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. We hope this is a helpful general guide for you and your shipmates to protect the environment while promoting a safe and efficient workplace. Remember, the actions of you and your fellow crew members can have a lasting impact it s critical that communication on board is clear and constant. To contact the Center for Seafarers Rights, please us at csr@seamenschurch.org or call OIL SPILLS Douglas B. Stevenson, Director 23

24 2011 The Seamen s Church Institute of New York and New Jersey seamenschurch.org To view this pamphlet online, visit