Marine Protection, Research and Sanctuaries Act of 1972 (MPRSA) or Ocean Dumping Act is one of several key environmental laws passed by the US Congress in 1972.[1][2] The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research.[3] While the MPRSA regulates the ocean dumping of waste and provides for a research program on ocean dumping, it also provides for the designation and regulation of marine sanctuaries.[4] The act regulates the ocean dumping of all material beyond the territorial limit (3 miles (4.8 km) from shore) and prevents or strictly limits dumping material that "would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities”.[4] The MPRSA authorized the Environmental Protection Agency (EPA) to regulate ocean dumping of materials included, but not limited to, industrial waste, sewage sludge, biological agents, radioactive agents, NBC, garbage, chemicals, and biological and laboratory, as well as other wastes, into the territorial waters of the United States through a permit program. The EPA can issue permits for dumping of materials other than dredge spoils if the agency determines, through a full public notice and process, that the discharge will not unreasonably degrade or endanger human health or welfare or the marine environment.[5] The law also has provisions related to creating marine sanctuaries, conducting ocean disposal research and monitoring coastal water quality.[5]
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For much of history, the ocean was used generally as a dumping ground for many types of waste such as garbage, acid rain and toxins. One area off the coast of New Jersey was used in the beginning of the 19th century as a disposal area for sewage sludge. This area is now known as the "12-Mile Dumping Ground," and has a large amount of toxic metals. Divers are still advised to avoid the area due to the high level of refuse materials and toxins.[6] Because ocean contaminants know no boundaries, there have been international and regional parameters established over the last 39 years.[3] These regulations consist of regional treaties and conventions related to local marine pollution problems and international conventions that provide a standardized control of worldwide marine pollution.[3] In the early 1970s the United States endorsed the MSRPA to regulate any waste disposal in marine waters that are within U.S. jurisdiction.[3]
Title I of the MPRSA prohibits all ocean dumping, except that allowed by permits, in any ocean waters under U.S. jurisdiction, by any U.S. vessel, or by any vessel sailing from a U.S. port.[3][7] EPA designates sites for ocean dumping and specifies in each permit where the material is to be disposed.[3][7] Nearly all of the ocean dumping that takes place today is dredged materials at the hands of the Corps of Engineers and due to the fact that they are the entity primarily responsible for the dredging, they issue permits for ocean dumping of such materials.[3][7] The dredged materials are sediments removed from the bottom of water bodies, but before they are dumped in the ocean, they must be evaluated to ensure that they are not harmful to human health or to the marine environment.[3][7]
The basic objective of the permit program is to "prevent or strictly limit the dumping into ocean waters of any material that would adversely affect human health, welfare, or amenities, or the marine environment, ecosystems, or economic potentialities."[8] The Secretary of the Army (through the Corps of Engineers) is authorized to issue permits for dredged material disposal, and EPA is authorized to designate appropriate dump sites.
Dumping restrictions were enacted for both U.S. flag vessels and materials transported from a location outside the U.S. With respect to the latter category, dumping was prohibited within the U.S. territorial sea and the U.S. contiguous zone. A specific dumping prohibition was included for radiological, chemical and biological warfare agents, high-level radioactive waste and medical wastes. Restrictions have since been placed on dumping activities in the New York Bight Apex, and sewage sludge dumping at the "106-Mile Site" offshore of New Jersey ended in 1992.[9]
Title II of the Act authorizes the Secretary of Commerce (through the National Oceanic and Atmospheric Administration (NOAA)) to coordinate a research and monitoring program with the EPA and the United States Coast Guard. The NOAA conducts general research on ocean resources and is responsible for research on the effects of ocean dumping, pollution, overfishing, and other issues caused by humans that cause changes in the marine ecosystem.[3][7] The EPA's research is related to the phasing out of ocean disposal activities and its role includes conducting research, surveys, investigations, experiments, training, demonstrations, and studies to aid in their search for dumping alternatives.[3][7]
This program is designed as a long-term research program to study the "possible long-range effects of pollution, overfishing, and man-induced changes of ocean ecosystems" and to conduct the research required to find dumping alternatives and to consider, in cooperation with other Federal agencies, the feasibility of regional management plans for waste disposal in coastal areas. Congressional reports are required annually.
Title III allows the Secretary of Commerce to designate discrete areas as National Marine Sanctuaries after conferring with the heads of involved federal agencies and state and local governments, as appropriate.[10][4] The establishment of these sanctuaries is important in helping to promote comprehensive management of their special conservation, recreational, ecological, historical, research, educational, or aesthetic resources.[4] The importance and primary objective of a sanctuary is to protect its features and allow the ocean to be used in a natural and sustainable way.[4] Sanctuaries provide a safe haven for endangered species, or those close to extinction, while also serving educational purposes for students and researchers alike to promote understanding and stewardship of our oceans.[4]
Title IV of the MPRSA established nine regional marine research boards for the purpose of developing comprehensive marine research plans, considering water quality and ecosystem conditions and research and monitoring priorities and objectives in each region.[3] The plans, after approval by the NOAA and EPA, are to guide NOAA in awarding research grants funds under this title of the act. [3]
Title V launched a national coastal water quality monitoring program that directs the EPA and NOAA together to implement a long-term program to collect and analyze scientific data on the environmental quality of coastal ecosystems, including ambient water quality, health and quality of living resources, sources of environmental degradation, and data on trends.[3] Results of these actions are used to provide the information required to devise and execute effective programs under the Clean Water Act and Coastal Zone Management Act.[3]
In 1977, Congress amended the Act to require that dumping of municipal sewage sludge or industrial wastes, which unreasonably degrade the environment, to cease by December 1981.[7] Because that deadline was not achieved, amendments were passed in 1988 that extended the deadline to December 1991.[7] In 1986 amendments, Congress directed that ocean disposal of all wastes end at the traditional 12-mile site off the New York/New Jersey coast and that they be moved to a new site 106 miles offshore.[7] Congress amended the Act again in 1992, giving permission to states to adopt ocean dumping standards more stringent than federal standards and to require that permits conform with long-term management plans for designated dumpsites.[7] This amendment was put into place to ensure that permitted activities are consistent with expected uses of the site.[7]
The violation of a permit or permit requirement carries a civil penalty of not more than $50,000 per violation that is assessed by the EPA.[3][7] The organization is also authorized to assess criminal penalties that carry fines up to $250,000, 5 years in prison, or both for violations of the act.[3][7] Additionally, fines are assessed for ocean dumping of medical wastes that carry the same penalties previously listed.[3][7]Like many other federal environmental laws, the Ocean Dumping Act allows individuals to bring a citizen suit in U.S. district court against any person, including the United States, for violation of a permit or other prohibition, limitation, or criterion issued under title I of the Act.[3][7]