Act to Prevent Pollution from Ships
United States law
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History and Legislative Background
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| Long title | An Act to implement the Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, and for other purposes. |
|---|---|
| Acronyms (colloquial) | APPS |
| Nicknames | Act to Prevent Pollution from Ships of 1980 |
| Enacted by | the 96th United States Congress |
| Effective | October 21, 1980 |
| Citations | |
| Public law | 96-478 |
| Statutes at Large | 94 Stat. 2297 |
| Codification | |
| Acts repealed | |
| Titles amended | 33 U.S.C.: Navigable Waters |
| U.S.C. sections created | 33 U.S.C. ch. 33 § 1901 et seq. |
| Legislative history | |
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The Act to Prevent Pollution from Ships (APPS, 33 U.S.C. §§1905-1915) is a United States law that implements the provisions of MARPOL 73/78 and the annexes of MARPOL to which the United States is a party. The most recent U.S. action concerning MARPOL occurred in April 2006, when the U.S. Senate approved Annex VI, which regulates air pollution (Treaty Doc. 108–7, Exec. Rept. 109–13). Following that approval, in March 2007, the House of Representatives approved legislation to implement the standards in Annex VI (H.R. 802), through regulations to be promulgated by Environmental Protection Agency in consultation with the U.S. Coast Guard.
APPS applies to all U.S.-flagged ships anywhere in the world, and to all foreign-flagged vessels operating in navigable waters of the United States, or while at port under U.S. jurisdiction. The Coast Guard has primary responsibility to prescribe and enforce regulations necessary to implement APPS in these waters. The regulatory mechanism established in APPS to implement MARPOL is separate and distinct from the Clean Water Act and other federal environmental laws.
The H.R. 6665 legislation was passed by the 96th U.S. Congressional session and signed by U.S. President Jimmy Carter on October 21, 1980.[1]
Technical Requirements for Ship Operators
To maintain compliance with the Act to Prevent Pollution from Ships (APPS), ship operators must adhere to the comprehensive technical requirements regarding waste treatment and discharge monitoring.[2]
According to Ehlers ("Fifty Years of MARPOL"), these requirements include:[2]
Tonnage Requirements: Following updates to the regulations in 1992, ships of 400 gross tonnage and above must be equipped with oily-water filtering equipment. [2]
Administration Approval: All filtering equipment must be approved by the relevant administration in accordance with specifications recommended by the International Maritime Organization (IMO). [2]
The 15 ppm Standard: The filtering system must ensure that the oily mixture, after passing through the system, contains no more than 15 parts per million (ppm) of oil being discharged into the sea.[2]
Monitoring and Control: For ships of 10,000 gross tonnage and above, the system must also include a monitoring and control device to prevent illegal discharges.[2]
Jurisdiction and Enforcement
The enforcement of APPS relies on the principle of Port State Jurisdiction, which grants the United States the legal authority to inspect, intervene, and detain both domestic and foreign-flagged vessels that enter its ports or internal waters. Under this authority, the U.S. Coast Guard conducts boardings to verify that ships are maintaining accurate oil record books and that their pollution-prevention equipment is functioning according to international standards. If there are "clear grounds" to believe a ship's condition or its crew's practices do not match its legal certificates, authorities may conduct expanded inspections.[3]
This authority is rooted in the Law of the Sea (LOSC), which serves as a legal framework under which international agreements and customary international law operate to fulfill the duty of cooperation among member States. This framework allows the U.S. to enforce specific environmental mandates on any vessel entering its jurisdiction to mitigate local pollution. Furthermore, APPS obliges the U.S. to establish sanctions for violations that are severe enough in magnitude to discourage future illegal discharges.[3]
"Magic Pipe" Criminal Case
"Magic Pipe" Tactic: This refers to illegal bypass pipes used by engineers to deliberately discharge untreated oily waste into the ocean, skipping required pollution-prevention equipment.[4]
Case: M/V Selene Leader (2014-2015): In January 2014, the U.S. Coast Guard boarded the car carrier M/V Selene Leader in Baltimore, MD, uncovering a scheme in which engine room crew members, under the supervision of Chief Engineer Noly Torato Vidad, used rubber hoses to bypass pollution control equipment.[4]
Criminal Penalties: Chief Engineer Vidad was sentenced to 8 months in prison followed by 1 year of supervised release for obstruction of justice and violation of APPS. The ship's operator, Hachiuma Steamship Co., Ltd., pleaded guilty to violating APPS and was ordered to pay a $1.8 million penalty. [4]
Whistleblower Award: Highlighting a key provision of APPS, a whistleblower on board the vessel was awarded $250,000 for alerting the Coast Guard of the illegal activities.[4]
