Marine Protection, Research, and Sanctuaries Act of 1972

American environmental legislation

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. The Act has two essential aims: to regulate intentional ocean disposal of materials, and to authorize any related research. 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. The act regulates the ocean dumping of all material beyond the territorial limit (3 mile (5 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".

There are four federal agencies that share responsibilities under the Ocean Dumping Act: EPA designates sites for ocean dumping and specifies in each permit where the material is to be disposed. 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. In order for anyone to dump on US waters, they must follow certain laws. Public Law 97 424, enacted in 1983, placed a 2 year prohibition on ocean dumping of any low level radioactive waste. Public Law 100 688 terminated the dumping of sewage sludge and waste from industrial companies (commencing with the 270th day after November 18, 1988) under certain conditions. 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. 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. 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. Public Law 96 332 provides that any marine sanctuary designation will not be effective if the Governor of an affected state finds it unacceptable, or if Congress form a concurrent of dissproval (must occur within 60 days). The Secretary of Commerce is authorized to withdraw the designation after any such State or Congressional disapproval. If the designation is not withdrawn, only the portion certified as acceptable can take effect.

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. 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.

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. Because that deadline was not achieved, amendments were passed in 1988 that extended the deadline to December 1991. 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. 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. This amendment was put into place to ensure that permitted activities are consistent with expected uses of the site. + Table 2. Ocean Dumping Act and Amendments (codified as 33 U. S. C. 1401–1445, 16 U. S. C. 1431 1447f, 33 U. S. C. 2801–2805). Year Act Public Law Number 1972 Marine Protection, Research, and Sanctuaries Act P. L. 92 5321974 London Dumping Convention Implementation P. L. 93 2541977 Authorization of appropriations P. L. 95 1531980 Authorization of appropriations P. L. 96 3811980 Authorization of appropriations P. L. 96 5721982 Surface Transportation Assistance Act P. L. 97 4241986 Budget Reconciliation P. L. 99 272, §§6061 60651986 Water Resources Development Act P. L. 99 662, §§21 1, 728, 11721987 Water Quality Act of 1987 P. L. 100–4, §5081988 Ocean dumping research amendments P. L. 100–627, title I1988 Ocean Dumping Ban Act P. L. 100–688, title I1988 U. S. Public Vessel Medical Waste Anti Dumping P. L. 100–688, title III Act of 19881990 Regional marine research centers P. L. 101–593, title III1992 National Coastal Monitoring Act P. L. 102–567, title V1992 Water Resource Development Act P. L. 102–580, §§504 510

The violation of a permit or permit requirement carries a civil penalty of not more than $75,000 per violation that is assessed by the EPA. 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. Additionally, fines are assessed for ocean dumping of medical wastes that carry the same penalties previously listed. 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. Under certain circumstances, each of the states is permitted to regulate ocean dumping in waters within their own jurisdiction. The Ocean Dumping Act requires that the EPA Administrator applies the standards and criteria binding upon the United States that are stated in the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters. During this convention, more than 85 countries agreed in the prohibition of dumping in the ocean the next elements: mercury, cadmium and other substances such as DDT and PCBs, solid wastes and persistent plastics, oil, high level radioactive wastes, and chemical and biological warfare agents; and requires special permits for other heavy metals, cyanides and fluorides, and medium and low level radioactive wastes.