1998 Year of the Ocean The U.S. Marine Transportation System 



Ocean Dumping Act (Titles I and II of the Marine Protection, Research, and Sanctuaries Act of 

 1972), 33 U.S.C. §§ 1401 et seg. 



The Act provides the basic authority for the Environmental Protection Agency (EPA) and the Corps 

 of Engineers to regulate ocean dumping (Title I) and for the Department of Commerce, through the 

 National Oceanic and Atmospheric Administration, to carry out research on the effects on ocean 

 systems of ocean dumping and other man-induced changes (Title II). The Act prohibits (1) the 

 transportation of any material from the United States; and (2) the transportation of any material by 

 U.S. flagged vessels and by U.S. departments, agencies, or instrumentalities, for the purpose of 

 dumping it into ocean waters, without a permit. The Act also prohibits any person from dumping, 

 without a permit, any material transported from a location outside the United States into the U.S. 

 territorial seas or into the U.S. contiguous zone, to the extent it may affect the territorial seas or the 

 territory of the U.S. EPA may issue permits regulating the ocean dumping of all material except 

 dredged material, which is permitted by the Corps of Engineers, using EPA environmental criteria.. 



The ocean dumping of sewage sludge and industrial waste is prohibited. In addition, no 

 radiological, chemical, and biological warfare agents; high-level radioactive waste; or medical 

 waste. States may adopt and enforce requirements for ocean-dumping activities that occur in their 

 jurisdictional waters. 



Title II of the ODA requires the DOC, in coordination with the department in which the U.S. Coast 

 Guard is operating and EPA, to conduct a comprehensive and continuing program of monitoring 

 and research on the effects of dumping of material into ocean or other coastal waters or into the 

 Great Lakes. The title further requires the DOC, in close consultation with other appropriate 

 departments, to conduct a comprehensive and continuing program of research into the possible 

 long-range effects of pollution, overfishing and man-induced changes of ocean ecosystems. The 

 title specifies that the program must include continuing monitoring programs to assess the health of 

 the marine environment, including but not limited to the monitoring of bottom oxygen 

 concentration contaminant levels in biota, sediments and the water column, diseases in fish and 

 shellfish, and changes in types and abundance of indicator species. 



Oil Pollution Act of 1990 (OP A) . 33 U.S.C. §§ 2701 et seq. 



OPA amends section 3 1 1 of the Federal Water Pollution Control Act (the Clean Water Act or 

 CWA), 33 U.S.C. 1321 et sefl., to clarify federal response authority, increase penalties for spills, 

 establish U.S. Coast Guard response organizations, require tank vessel and facility response plans, 

 and provide for contingency planning in designated areas. OPA, however, does not preempt states' 

 rights to impose additional liability or other requirements with respect to the discharge of oil within 

 a state or to any removal activities in connection with such a discharge. 



OPA is a comprehensive statute designed to expand oil spill prevention, preparedness, and response 

 capabilities of the federal government and industry. OPA establishes a new liability regime for oil 

 pollution incidents in the aquatic environment and provides the resources necessary for the removal 



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