The U.S. Environmental Protection Agency ("EPA") has
proposed a new regulation that would ban all sewage discharges to
the marine waters along California's coastline from large
cruise ships and most other large ocean-going ships. The proposed
regulation is aimed at protecting economic and ecological interests
associated with California and would establish the largest coastal
"no discharge zone" in the United States.
The U.S. Clean Water Act authorizes the EPA to establish vessel
sewage no-discharge zones if necessary to protect and restore water
quality. The State of California first asked the EPA to establish
such a zone in 2006.
Specifically, the discharge ban will prohibit sewage discharges
from all 300+ ton vessels that operate in California waters,
including all cruise ships and cargo ships that have sufficient
sewage holding-tank capacity (defined in the rule as two days'
storage capacity). The new ban will apply to all coastal waters out
to three miles from the coastline and all bays and estuaries
subject to tidal influence. There are nine small no-discharge zones
currently designated in California, which include several National
Marine Sanctuaries.
Other vessel sewage discharges will continue to be regulated under
existing Clean Water Act requirements, which generally require
sewage to be treated by approved marine sanitation devices prior to
discharge.
The EPA is accepting public comments on the proposed regulation
until November 1, 2010.
For other articles on maritime regulation and legislation click the
following links,
"International Maritime Organization Approves Emission Limits
for Ships Operating in North American Coastal Waters"
(April 7, 2010);
"Highlights from IMO's Marine Environment Protection
Committee Meetings July 2009" (August 31, 2009).
O'Melveny & Myers LLP routinely provides advice to clients on complex transactions in which these issues may arise, including finance, mergers and acquisitions, and licensing arrangements. If you have any questions about the operation of the applicable statutory provisions or the case law interpreting these provisions, please contact any of the attorneys listed on this alert.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
