In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.
International laws and regulations
MARPOL 73/78 (the "International Convention for the Prevention of Pollution From Ships") is one of the most important treaties regulating pollution from ships. Six Annexes of the Convention cover the various sources of pollution from ships and provide an overarching framework for international objectives. In the U.S., the Convention is implemented through the Act to Prevent Pollution from Ships (APPS). Under the provisions of the Convention, the United States can take direct enforcement action under U.S. laws against foreign-flagged ships when pollution discharge incidents occur within U.S. jurisdiction. When incidents occur outside U.S. jurisdiction or jurisdiction cannot be determined, the United States refers cases to flag states, in accordance with MARPOL. These procedures require substantial coordination between the Coast Guard, the State Department, and other flag states, and the response rate from flag states has been poor. Different regulations apply to vessels, depending on the individual state.
Federal laws and regulations In the United States, several federal agencies have some jurisdiction over ships in U.S. waters, but no one agency is responsible for or coordinates all of the relevant government functions. The U.S. Coast Guard and Environmental Protection Agency (EPA) have principal regulatory and standard-setting responsibilities, and the Department of Justice prosecutes violations of federal laws. EPA and the Department of Defense (DOD) began jointly issuing Uniform National Discharge Standards ("UNDS") for armed forces vessels in 2017. In addition, the Department of State represents the United States at meetings of the IMO and in international treaty negotiations and is responsible for pursuing foreign-flag violations. Other federal agencies have limited roles and responsibilities. For example, the National Oceanic and Atmospheric Administration (NOAA, Department of Commerce) works with the Coast Guard and EPA to report on the effects of marine debris. The Animal and Plant Health Inspection Service (APHIS) is responsible for ensuring quarantine inspection and disposal of food-contaminated garbage. In some cases, states and localities have responsibilities as well.
Vessels General Permit EPA issued its most recent Vessels General Permit, under the National Pollutant Discharge Elimination System (NPDES), a Clean Water Act (CWA) program, in 2013. The permit applies to large commercial vessels (79 feet (24 m) in length or greater) (except fishing vessels) and regulates 26 specific types of vessel discharges:
Deck Washdown and Runoff and Above Water Line Hull Cleaning Bilge water/Oily Water Separator Effluent Ballast water Anti-fouling Hull Coatings/Hull Coating Leachate Aqueous film forming foam (AFFF) Boiler/Economizer Blowdown Cathodic protection Chain Locker Effluent Controllable Pitch Propeller and Thruster Hydraulic Fluid and other Oil Sea Interfaces including Lubrication Discharges from Paddle Wheel Propulsion, Stern Tubes, Thruster Bearings, Stabilizers, Rudder Bearings, Azimuth Thrusters, and Propulsion Pod Lubrication, and Wire Rope and Mechanica l #Equipment Subject to Immersion] Distillation and Reverse Osmosis Brine Elevator Pit Effluent Firemain Systems Freshwater Layup Gas Turbine Washwater Graywater (except certain commercial vessels operating in the Great Lakes) Motor Gasoline and Compensating Discharge Non-Oily Machinery Wastewater Refrigeration and Air Condensate Discharge Seawater Cooling Overboard Discharge (Including Non-Contact Engine Cooling Water; Hydraulic System Cooling Water, Refrigeration Cooling Water) Seawater Piping Biofouling Prevention Boat Engine Wet Exhaust Sonar Dome Discharge Underwater Ship Husbandry Welldeck Discharges Graywater Mixed with Sewage from Vessels Exhaust Gas Scrubber Washwater Discharge. In 2016 EPA estimated that approximately 69,000 vessels, both domestic and foreign flagged, were covered by the VGP. EPA issued its Small Vessels General Permit (sVGP) for smaller commercial vessels in 2014, however this permit only applied to ballast water. In 2018 Congress repealed the sVGP under the Vessel Incidental Discharge Act. As of 2023 small vessels are subject to the ballast water requirements of the VGP, Coast Guard regulations, and applicable state and local government requirements.
Vessel Incidental Discharge Act The Vessel Incidental Discharge Act (VIDA), approved in 2018, requires EPA to develop new performance standards for vessel discharges, and generally requires that the new standards be at least as stringent as the 2013 VGP. On October 9, 2024 EPA published final VIDA implementation regulations. VIDA also requires that the Coast Guard issue regulations for compliance and enforcement of the EPA standards. Until these new Coast Guard regulations are promulgated, the existing EPA discharge permits and Coast Guard regulations remain in effect.
Sewage Commercial vessels discharging sewage, except fishing vessels, are subject to the VGP or other requirements for small vessels. Recreational vessels are exempt from the permit requirements, but vessel operators must implement Best Management Practices to control their discharges.
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