Marpol V and Cargo Residues in the Great Lakes

Abstract

In 1989 the U.S. Coast Guard promulgated regulations implementing Annex V to Marpol 73/78, which regulates the discharge of "garbage" from ships. Since that time it has become apparent that Marpol V, an international regime designed for the high seas, does not translate into a workable regime for the Great Lakes without some modification for the special problem of cargo residue discharges from dry bulk carriers. Application of Marpol V to the Great Lakes by the United States has also created an anomaly, because Canada has yet to do so, in large part because of serious concerns about its application to cargo residues on the Great Lakes. On September 22, 1993 the U.S. Coast Guard Ninth District put out an interim enforcement policy designed to provide a reasonable balance between the need to protect the environment of the lakes against any possible harm while taking account of the need for safe operation of commercial dry bulk carriers. At the same time, in cooperation with the Canadian Coast Guard Central Region and the U.S. National Oceanic and Atmospheric Administration, the U.S. Coast Guard Ninth District is developing better scientific information about the possible effects of cargo residues in order to build a scientific basis for a revised regulatory regime. As the scientific study progresses, the Ninth Coast Guard District continues to make modifications to the current enforcement policy, in consultation with Canadian Coast Guard Central Region, the scientific community, industry, and environmental groups. The final goal is a reasonably balanced and consistent regime on both sides of the lakes, in accordance with the mandates of the Great Lakes Water Quality Agreement.