Abstract

In 1987, the United States ratified Annex V of the MARPOL Protocol. Under the Marine Plastic Pollution Research and Control Act of 1987 (P.L. 100–220), the U.S. Navy was ordered to observe the MARPOL Annex V provisions for solid waste disposal at sea by 1994. The National Defense Authorization Act for Fiscal Year 1994 (P.L. 103–160), however, allows some U.S. Navy vessels until December 31, 2008 to comply. In accordance with Annex V, disposal of any solid waste is to be prohibited in designated Special Areas—the Antarctic Sea, Baltic Sea, Black Sea, Wider Caribbean Region (which includes the Gulf of Mexico), Mediterranean Sea, Middle Eastern Gulfs Area (which includes the Persian Gulf), North Sea, and Red Sea. The U.S. Navy is considering new waste‐handling procedures in the hope that overboard discharge of nonhazardous solid wastes will meet the primary objectives of Annex V and, in particular, will be acceptable in the Special Areas. This plan would require a continued exemption for the U.S. Navy from Annex V guidelines pertaining to Special Areas. In a broader context, analysis of the U.S. Navy plan raises some questions regarding some of the technical provisions of Annex V. Some existing technological restrictions may limit overall environmental benefits.

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