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Articles & White Papers
Casualty, Pollution and Salvage

Environmental Compliance in the Cruise Industry
 
May 31, 2001
 
Dennis L. Bryant- New York

ABSTRACT

The deep-sea, overnight cruise industry is the fastest growing segment of the maritime industry with annual growth rates of eight to ten percent. The environmentally sound and legally compliant operation of its ships is a priority of cruise ship operators. The changing legal landscape, increasing public interest, the activities of a number of interested parties, ship operational requirements, technical innovations, and evolving environmental sensitivity are some of the specific aspects of the overall cruise ship environmental issue. A discussion on these various aspects is presented in order to inform the reader of some of the specific actions and developments to date and to provide a better understanding of the overall issues.

INTRODUCTION

Regulatory and public interest in the potential impacts of cruise ship operations on the environment continues to draw significant attention. As a result of a recent petition by a group of public environmental advocates, the U.S. Environmental Protection Agency has undertaken the task of evaluating cruise ship operations and their potential environmental impacts. This effort is being undertaken concurrently with similar evaluations by states such as Alaska, Florida, and California. The cruise industry is working closely with regulatory agencies and the public to address operational and environmental concerns.

This paper describes the complex legal regime in which the industry currently must operate and the methods the cruise industry uses to meet these stringent environmental requirements. Included is a discussion of current engineering and operational practices applied by the cruise industry to minimize the environmental impacts of their operations.

The paper concludes with an overview of technical and operational changes that are anticipated as a result of current and future regulatory efforts and related developments. A brief industry outlook is also presented.

THE CRUISE INDUSTRY

The U.S.-based, deep-sea, overnight cruise industry served over 6.9 million passengers in 2000 and operated 123 ships on numerous itineraries through the Caribbean, Alaska, and other exotic locales. The total economic impact in the United States alone was calculated to be over $15 billion. To say that the cruise industry is the fastest growing segment of the overall maritime industry is an understatement. With a growth rate of between eight and ten percent over the past several years, as of January 2001, there were fifty-three new cruise ships on order to be delivered by 2005. At a total investment of over $18.5 billion, these new ships will add over 98,000 berths to the market (Seatrade Cruise Review 2001). As a specific example of growth, one major cruise operator will increase its capacity from 18,670 available berths in 1998 to 45,006 berths in 2004 – a whopping 241% expansion (International Cruise and Ferry Review). This expansion will be even greater if options for additional ships are exercised. With this explosive growth come great opportunities as well as great challenges. One such challenge is the environmentally sound and legally compliant operation of these ships.

THE LEGAL REGIME

Cruise ships operate within a pervasively regulated industry. They are subject to control and oversight from their flag state (i.e., the nation with which they are registered), the port states (i.e., the nations at which they make port calls), and, in the United States, the individual states and localities that they visit. International standards are developed by the International Maritime Organization (IMO). Cruise ships are also inspected and surveyed by classification societies. With respect to environmental issues, the major international standard applicable to cruise ships is the International Convention for the Prevention of Pollution from Ships, commonly referred to as MARPOL. This standard addresses such things as operational discharges of oil, disposal of garbage and plastics, and air emissions. Most flag states and port states, including the United States, have adopted MARPOL requirements as their domestic standard, so that compliance with this convention constitutes compliance with national law. The International Safety Management (ISM) Code required by Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS) is also important to environmental protection. This code requires an extensive Safety Management System (SMS) that addresses safety and environmental management practices and procedures.

The United States has also adopted a series of national environmental laws that are applicable to all cruise ships operating in U.S. waters. The drafters of some of these statutes, such as the Federal Water Pollution Control Act (FWPCA), consciously considered maritime issues. Other statutes, though, such as the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA), were implemented with little or no consideration of maritime application, which was primarily recognized after the fact. The FWPCA prohibits the discharge of oil and hazardous substances into waters of the United States. It also addresses the operation of marine sanitation devices (MSDs). The CAA authorizes the U.S. Environmental Protection Agency (EPA) to establish air emission standards and impose civil penalties for emissions in excess of those standards. RCRA authorizes the EPA to establish regulations relating to the handling and disposal of hazardous waste. Under this statute, the EPA has developed a complex and paperwork-intensive program that tracks hazardous waste "from cradle to grave."

In the federal system of the United States, each state has broad residual authority or "police power" over most issues, with the exception of things such as national defense and coinage, and regulation of interstate or foreign commerce. One area in which the states and local jurisdictions have and exercise extensive authority is that of environmental protection. Thus, balancing the states rights against federal interests, each state or community visited by a cruise ship may adopt standards with respect to defining permissible discharges, including graywater (from dishwashers, showers, laundry, bath, galleys, and washbasins), blackwater (sewage and medical and dental sink drainage), oil, ballast water, and air emissions. Florida, where the majority of large cruise ships are based, has adopted stringent standards for hazardous waste management, in accordance with the RCRA. California has initiated programs affecting cruise ships by addressing such things as ballast water discharges and air emissions.

PRIOR ENVIRONMENTAL VIOLATIONS

Over the past several years, the cruise industry has experienced several highly visible environmental violations. They have been cited for discharges of oily waste, hazardous substances, and plastics, as well as excessive air emissions. In an effort to improve their stature as good environmental citizens and reduce the risk of future environmental violations, cruise lines are adopting compliance programs that establish formal internal regimes for meeting or exceeding environmental standards, and for training and auditing. They are also installing new equipment to significantly reduce discharges and emissions.

THE GAO REPORT

The United States General Accounting Office (GAO) published a Report to Congressional Requesters in February 2000 (GAO 2000). This report, entitled "Marine Pollution – Progress Made to Reduce Marine Pollution by Cruise Ships, but Important Issues Remain," was developed in response to a request by Congressman John D. Dingell (D-MI) and Congressman Henry A. Waxman (D-CA) and addressed the general issue of cruise ship environmental performance and several specific related issues, for the period of 1993-1998. The report concluded that federal agencies and the cruise industry have recently taken positive steps to improve environmental performance and compliance. While the report indicated that only four percent of the pollution violations by commercial foreign-flagged ships were attributable to cruise ships, and that many of these instances were a result of accidents, such as failed hydraulic lines and spilling of "a few drops of paint," it also recognized that a number of significant environmental issues still require attention by all parties. These issues include technical and scientific aspects of environmental protection, as well as operational, legal, administrative, and policy matters.

THE BLUEWATER NETWORK PETITION

On March 17, 2000, the environmental advocacy group, Bluewater Network, and 53 other organizations sent a petition to the EPA urging various regulatory actions to further control cruise ship discharges. The petition, and an accompanying report entitled, "Cruising for Trouble: Stemming the Tide of Cruise Ship Pollution," (Schmidt 2000) expressed concern over a number of issues including, the magnitude of the discharge volumes from an increasing number of larger cruise ships. The petition and report recognized that cruise ships generate and discharge several waste streams and requested that the EPA take the following actions:

  • Assess the volumes and characteristics of cruise ship discharges.
  • Identify potential water quality, aquatic environment, and human health impacts.
  • Examine existing federal regulations governing cruise ship discharges.
  • Recommend means to control and regulate cruise ship discharges.
  • Outline monitoring and record-keeping options for pollutants discharged by cruise ships in U.S. ports.
  • EPA INITIATIVES

    Traditionally, the EPA has paid scant attention to ships. In addition to exempting discharges from properly operating marine engines from the FWPCA prohibitions, the agency also exempted discharges of sewage, wastes from laundries, showers, and galley sinks, and other discharges incidental to the normal operation of a vessel from requiring permits under the National Pollutant Discharge Elimination System (NPDES). Sewage treatment and discharge, however, is addressed in the law and in implementing regulations overseen by the United States Coast Guard. In response to the Bluewater Network petition and other concerns expressed, the EPA has undertaken a study of environmental issues associated with crui