THE U.S. ENVIRONMENTAL PROTECTION AGENCY EFFORTS

TO CONTROL OCEAN DUMPING

 

Tudor T. Davies 1 and Rosanna B. Ciupek2

 

 

1  Director, Office of marine and Estuarine Protection, U.S. Environmental

Protection Agency (WH-556F), 401 M Street S.W., Washington, DC 20460, USA.

 

2   Enforcement Program Manager, Office of marine and Estuarine Protection, U.S. Environmental Protection Agency (WH-556F), 401 M Street S.W., Washing­ton, DC 20460, USA.

 

Summary

 

The U.S. Environmental protection Agency (EPA) is committed to halting ocean pollution.  Recent years have brought about an increased emphasis in the U.S. on the control and elimination of ocean dumping activities.  Sewage sludge and industrial waste dumping must cease by law (the "Ocean Dumping Ban Act") by 1992.  No new permits may be issued for these wastes and, in fact, the last permitted dumping of industrial wastes occurred in September 1988.  The U.S. took its first action against illegal ocean disposal of dredged materials in 1989.  Pollution caused by marine debris, plastics in particular, is increasin­gly becoming a focus of U.S. pollution control efforts.  In all of these areas, enforcement will continue to be an effective tool to assist in EPA efforts to protect the ocean environment.

 

Overview

 

Little more than 20 years ago, the United States (U.S.) did not have active programs to curb dumping activities.  With the help of international agreements, such as the London Dumping Convention (LDC), the U.S. along with other nations have focused on control of ocean disposal activities through a framework of site designation, permits, monitoring, management and enforce­ment.  In the last few years, the U.S. has increased emphasis on eliminating dumping of industrial and municipal wastes in ocean waters.

 

This emphasis towards protecting the oceans exists at the highest levels in the United States.  U.S. president George Bush recognized the importance placed on our ocean resource in his statement, "Pollution is uniquely perso­nal, for when we think about pollution, we think first of man's insults to the places we love: plastic six-pack rings floating in the ocean, trash washing upon our shore." Utilization of enforcement to achieve greater protection of the oceans as envisioned by President Bush was later emphasized by the Admini­strator of the EPA.  In a statement made on March 3, 1989, William Reilly noted that EPA will pursue criminal enforcement actions of illegal ocean dumpers and issue major fines against ocean discharge permit violators.  Clearly, the U.S. is committed to halting ocean pollution.

 

Today, I will be speaking on regulatory authorities and enforcement activities by the EPA relating to ocean disposal of municipal sewage sludge, industrial wastes, dredged materials, and marine debris.  In these areas, the EPA is taking enforcement measures to assure that disposal activities meet ocean dumping regulatory requirements.

 

IMPLEMENTATION OF INTERNATIONAL OCEAN DUMPING ENFORCEMENT AGREEMENTS

 

 

The London Dumping Convention and the Marine Protection Research, and

Sanctuaries Act.

 

The London Dumping Convention (LDC) established general guidelines for governing ocean disposal activities from vessels, platforms, and other struc­tures seaward of the inner boundary of nations' territorial sea.  The LDC is implemented in the U.S. under the Marine Protection, Research, and Sanctuaries Act (MPRSA) which became law in 1972.

 

The MPRSA, better known as the Ocean Dumping Act, regulates the ocean dumping of all types of materials that may adversely affect human health, the marine environment, or the economic potential of the ocean.  Titles I and II make EPA and the U.S. Army Corps of Engineers (CE) responsible for administe­ring the Act, the National Oceanic and Atmospheric Administration (NOAA) responsible for monitoring the long term effects of ocean dumping, and the U.S. Coast Guard (USCG) responsible for enforcing the Act.  Title III gives the Secretary of Commerce the authority to establish marine sanctuaries.

 

The specific responsibilities of EPA and the CE in administration of the ocean dumping program are as follows:

·           EPA designates sites for ocean dumping of materials.  The designation process examines physical, chemical, and biological parameters to assure that the selected site is environmentally acceptable.  An Environmental Impact Statement is prepared and undergoes public review.

·           Permits for ocean dumping are issued either by the EPA or CE, depending upon the type of material to be dumped:

- The EPA has responsibility for permits for municipal and industrial wastes.

- The CE has responsibility for permits for dredged materials.

·           Management, monitoring, surveillance, and enforcement are split between EPA, CE, NOAA and USCG.  These activities are to ensure that ocean dumping meets permit conditions which include criteria to protect against adverse environmental impacts; the criteria were set forth in U.S. regulations in 1977.

 

In November 1988, the Ocean Dumping Ban Act (ODBA) amended the MPRSA by prohibiting the issuance of new permits for ocean dumping of sewage sludge and industrial wastes.  Also, dumping of such materials by existing dumpers must cease by December 31, 1991.

 

Municipal Sewage Sludge

 

In the U.S., only nine municipalities continue to dump sewage sludge in the oceans.  These nine are located in New York and New Jersey, all of which dump their sludge at an EPA designated site about 100 miles off the coast of New Jersey.  These nine municipalities have entered to cease dumping by December 31, 1991, with one exception who will cease by June 30, 1992.

 

To prevent illegal dumping of municipal sewage sludge and ensure compli­ance with proper disposal practices, all nine existing sewage sludge authori­ties are required to notify USCG prior to any dumping operation.  Each sludge disposal activity is assigned a reference number which is then used to identi­fy the specific activity throughout the course of the operation.  An indepen­dent shiprider must also be on board to provide surveillance and, as further back-up, all vessels are equipped with a computerized tracking system (i.e. Ocean Dumping Surveillance System (ODSS)) to monitor the vessel's activities.  The ODSS consists of an on-board computer that communicated with a computer system at a USCG on-shore federal installation.  The vessel computer, assisted by a LORAN-C navigation system, reports the latitude and longitude of the vessel at any given time.  Sensors in the hull of the vessel detect the initia­tion of any dumping activity.

 

In July 1988, EPA issued administrative complaints against all nine existing sludge dumpers for violating permit conditions for sludge disposal.  Violations included discharging the sludge beyond their approved discharge rate and failing to comply with approved vessel tracklines at the disposal site during discharge operations.  The combined penalties proposed by the EPA exceeded U.S. $1.25 million.

 

Industrial Wastes

 

Throughout the last decade, it became increasingly apparent in the U.S. that ocean disposal of industrial wastes was not environmentally acceptable.  In addition, the need for ocean disposal declined as industries implemented materials recovery, on-site waste treatment, and land based disposal alter­natives were available.  The number of permitted industrial waste disposals at designated ocean sites decreased from a maximum of approximately six million wet tons in 1973 to zero today.  In 1988 with passage of the ODBA, no new industrial waste permits may be issued.  For the record, the last U.S. permit­ted dumping of industrial waste occurred in September 1988.

 

The ODBA also prohibits the issuance of new permits for incineration of industrial waste at sea.  EPA has viewed the incineration-at-sea (IAS) program as experimental and presently has only one site designated for such activity.  We are currently in the process of de-desiqnation of this one site.

 

Dredged materials

 

For the regulation and management of dredged materials, EPA is currently developing, in consultation with the CE, the following:

·           Revision to the 1977 Ocean Dumping Regulations

·           Revised dredged material testing procedures (i.e., the "Green Book")

·           Dredged Material Management Guidelines

·           Site Designation, Management, and monitoring Guidelines.

 

            These regulations and guidelines will facilitate consistent decisions on issuance of permits and designation of sites for dredged materials across the country.  EPA has designated by regulation approximately 70 sites of the 110 in use in the U.S. in ocean waters.  The remaining sites will be officially desig­nated over the next few years.

 

With the growth of merchant -shipping operations and the construction of increasingly larger vessels, the current dredged material ocean disposal rate of approximately 60 million cubic yards per year may rise.  It is anticipated that this increase in disposal amounts, along with mounting evidence that such waterways provide a "sink" for potentially toxic materials, will cause dispo­sal of dredged materials to increase as a concern within the U.S.

EPA is currently involved in an enforcement case for violation of permit conditions regarding dredging and disposal activities in a port on the Cali­fornia coast.  EPA investigated allegations that sediment was excavated outside the authorized dredging area and, as a result, contaminated sediment disposal may have occurred in a deep ocean site in violation of the permitted require­ments.  In addition, it is alleged that the dumper failed to discharge within the designated site location.  The case is presently under consideration by a U.S. Administrative Law Judge.

 

International Convention for Prevention of Pollution from Ships and the Act to Prevent Pollution from Ships

 

The discharges of harmful substances and other items from ships or ves­sels are addressed in the International Convention for Prevention of Pollution from Ships, or MARPOL Agreement.  MARPOL prohibits discharge into the sea of all plastics including but not limited to, synthetic ropes, synthetic fishing sets, and plastic garbage bags.  It also prohibits discharge of food wastes and other floating materials within specified distances from land.  The MARPOL Agreement was enacted into U.S. law by the Act to Prevent Pollution from Ships (APPS).

 

To address land-based sources of plastic materials in the marine envi­ronment, the APPS was amended in 1987 by the marine Plastic Pollution Research and Control Act (MPPRCA).  As required under the MPPRCA, EPA completed a study of the sources, fates and effects of plastics in the marine environment and on the solid waste stream.  The study showed a number of sources of marine debris: ships, offshore oil platforms, fishing boats, combined sewage overflows, storm drains and litter from human activity on land.

 

One type of plastic Pollution discovered during marine debris/floatables surveys (conducted ' se to the MPPRCA) of marine and coastal waters was millions of small "plastic pellets", (i.e., raw material used in manufacturing of plastic products).  Due to the extent to which these pellets exist (both in amount and geographic location), we initiated discussions with the Society of Plastics Industries in the U.S. As a result of these discussions, we have reason to believe that such pollution could be significantly reduced if manu­facturers used stronger packaging when shipping the "plastic pellets".  We are encouraging the industry to voluntarily change their shipping and packaging practice to eliminate the improper release of this pollution source into marine waters.

 

Such voluntary compliance is encouraged by our Agency, thus reducing the need for activity in the enforcement arena.  It is expected that any new packaging requirements or handling procedures instituted by the industry will be required for foreign plastic material shippers dealing in the U.S.

 

OTHER U.S. EFFORTS TO SUPPORT INTERNATIONAL ENFORCEMENT GOALS

 

The U.S. also has a number of ongoing activities which, although pursued independently of international agreement discussions, do support the goals of these agreements regarding enforcement for the protection of oceans.

 

            The Ocean Dumping Enforcement Improvement Act

 

The U.S. Congress is currently considering a proposal which would enhan­ce enforcement authorities under the MPRSA.  The proposed "Ocean Dumping Enforcement Improvement Act" would strengthen many MPRSA enforcement tools.  For example, administrative penalties would be increased by 50%.  Criminal penalty provisions also would be increased and administrative subpoena power and access to documents and premises would be authorized.  Clarification would be given with respect to preventing a wide range of ocean dumping activities, not only those where the sole purpose of transport is for dumping.  The bill would also authorize administrative orders by federal agencies to require compliance as well as authorize civil judicial actions.  Each of these amend­ments would enhance EPA's enforcement capabilities under the MPRSA.

 

            The Shore Protection Act of 1988

 

Other recent U.S. legislation aimed at reducing pollution to ocean and coastal waters concerns solid waste transportation facilities.  The Shore Protection Act of 1988 (SPA) addresses waste disposal practices at coastal waste transfer stations as well as off-shore mineral exploration mining and drilling platforms.

            The SPA requires that all vessels used in the transport of solid waste, as well as the on-loading and off-loading facilities involved in these operati­ons, are permitted and that solid wastes are not deposited in coastal waters.  Under the EPA, we are currently developing regulations which will establish proper waste handling procedures for solid waste, including incinerator ash.  One of the key objectives in the development of these regulations is to ensure that the requirements are easily enforceable.

 

            Public Outreach Efforts

 

Under MPPRCA, the U.S. is developing public education and outreach programs which will aid in enforcement.  In addition to a nation-wide public information campaign on marine debris, we are evaluating the sponsorship of citizen pollution patrols and bay/beach keeper programs.  It is expected that a number of demonstration programs for such patrols will be funded next year.  It is hoped that citizen patrols along coastline areas and designated bay or beach keeper staff can help to identify obvious violations of pollution regu­lations.

 

·           In one example information collected by a citizen in an on-going EPA enforcement case appears to have provided the elements necessary to pursue a violation in U.S. waters by a foreign vessel.

·           Funding for these citizen pollution patrols may also be innovative.  Some laws recently passed in the U.S. (e.g., the Shore Protection Act) allow for allocation of portions of penalties assessed upon violators to be given to citizens or local groups who assisted in identifying as illegal act.

 

The challenge for the Agency is to educate interested citizens to correctly identify violations and collect information which can be used in enforcement actions.

 

            Technology and Future Efforts

 

My office is currently involved in a number of enforcement cases aimed at deterring illegal ocean dumping activities of wastes by vessels in open waters and by foreign vessels in U.S. waters and U.S. vessels in foreign waters.  Although I am not at liberty to discuss the particulars of these on-going enforcement cases, I will state that tracking information obtained from satellite data may help to establish a case for conviction on high-seas dumping activity.  Detection of such actions is difficult given the breadth of waters involved and the limited personnel resources available for monitoring and surveillance activities.  The use of advanced electronic equipment, such as satellite technology, will likely increase in the future and help to identify violations in open waters across the world.

 

Conclusion

 

In closing, let me emphasize that enforcement has a significant role in EPA's pollution control programs, but we have found it to be resource intensi­ve. Therefore, we are also moving forward on other fronts, such as voluntary compliance and public education, in order to effectuate an holistic approach to protecting our oceans.  We think that we are making significant progress as we have stopped industrial waste dumping in the ocean, we are not permitting incineration at sea, and dumping of sewage sludge will soon end.  However, other tasks remain.  Our focus in the years ahead will be on proper disposal of dredged materials and controlling pollution caused by marine debris.  Enforce­ment will be utilized in these areas where appropriate.  It has been, and will continue to be, an effective tool to assist in efforts to protect our ocean environment.