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The U.S. Environmental Protection Agency (“EPA”) is continuing its efforts to expand and change how it regulates the environmental impact of maritime operations. One effort addresses water pollution issues while vessels are underway, while the other addresses air pollution issues when at shore. The water pollution proposal seeks comments on whether it should grant a request for rulemaking that seeks to vastly change and upgrade marine sanitation devices. Comments are due by November 9, 2010. In the air pollution proposal, the agency plans to settle a lawsuit by proposing that it reconsider its current regulations of hazardous air pollutants (HAPs) emitted from tank vessel loading operations. Comments in this proposal settlement are due by August 13, 2010. Both initiatives were triggered by environmental groups. This alert discusses each of these new initiatives.[1]
Potential New Requirements for Marine Sanitation Devices
Asserting that current marine sanitation devices (“MSDs”) are inadequate to protect U.S. waters, Friends of the Earth ("FOE") filed a petition in April 2009 with EPA, asking the agency to require substantial changes in the standards governing discharges from MSDs.[2] Based on information gathered several years ago from a voluntary sampling program by cruise ships in Alaskan waters, FOE supports its petition by noting “the average concentration of fecal coliform in MSD effluent exceeded the [current] EPA standard by 10,200 times.” The agency is now asking for industry comments on the petition and whether it should begin a rulemaking to change standards governing MSDs.[3]
Complete story at:
http://www.klgates.com/newsstand/detail.aspx?publication=6575
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