Unless authorized by a permit, the MPRSA generally prohibits (1) transportation of material from the US for the purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean dumping by US agencies or US-flagged vessels; (3) dumping of material transported from outside the US into the US territorial sea [MPRSA section 101].
Under MPRSA, standard for permit issuance is whether the dumping will "unreasonably degrade or endanger" human health, welfare, or the marine environment [MPRSA sections 102(a) and 103(a)]
Environmental Protection Agency (EPA) is charged with developing ocean dumping criteria to be used in evaluating permit applications [MPRSA section 102(a)]
EPA also is responsible for designating recommended sites for ocean dumping [MPRSA section 102(c)]
Statute lays out factors to be considered by EPA in developing the permit review criteria:
- Need for dumping
- Effect of dumping on human health & welfare
- Effect of dumping on fish, wildlife, shorelines
- Effect of dumping on marine ecosystems
- Persistence & permanence of effects
- Effect of dumping particular volumes & concentrations
- Effect on alternate uses of oceans (e.g., fishing)
- Designate sites beyond OCS wherever feasible
Statute also directs EPA to apply binding requirements of
London Convention, to extent this would not relax
MPRSA [MPRSA section 102(a)]
EPA is permit authority for all materials except dredged
material [MPRSA section 102(a)]
- Ocean Dumping Ban Act (P.L. 100-688) amended MPRSA in
1988 to make ocean dumping of sewage sludge and
industrial waste unlawful [MPRSA section 104B(a)].
- US Army Corps of Engineers (COE) is permitting authority for
dredged material, subject to EPA concurrence role and use of
EPA dumping criteria [MPRSA section 103]
- COE also is to use EPA-designated ocean dump sites to
maximum extent feasible [MPRSA section 103]
