Cruise ships carrying several thousand passengers and crew have been compared to “floating cities,” and the volume of wastes that they produce is comparably large, consisting of sewage; wastewater from sinks, showers, and galleys (graywater); hazardous wastes; solid waste; oily bilge water; ballast water; and air pollution. The waste streams generated by cruise ships are governed by a number of international protocols (especially MARPOL) and U.S. domestic laws (including the Clean Water Act and the Act to Prevent Pollution from Ships), regulations, and standards, but there is no single law or rule. Some cruise ship waste streams appear to be well regulated, such as solid wastes (garbage and plastics) and bilge water. But there is overlap of some areas, and there are gaps in others.
In 2000, the U.S. Congress enacted legislation restricting cruise ship discharges in U.S. navigable waters within the state of Alaska. California, and Maine have enacted state-specific laws concerning cruise ship pollution, and a few other states have entered into voluntary agreements with industry to address management of cruise ship discharges. Meanwhile, the cruise industry has voluntarily undertaken initiatives to improve pollution prevention, by adopting waste management guidelines and procedures and researching new technologies. Concerns about cruise ship pollution raise issues for Congress in three broad areas: adequacy of laws and regulations, research needs, and oversight and enforcement of existing requirements. Legislation to regulate cruise ship discharges of sewage, graywater, and bilge water nationally was introduced in the 109th Congress, but there was no further congressional action.
This article describes the several types of waste streams that cruise ships may discharge and emit. It identifies the complex body of international and domestic laws that address pollution from cruise ships. It then describes federal and state legislative activity concerning cruise ships in Alaskan waters and activities in a few other states, as well as current industry initiatives to manage cruise ship pollution.
Background More than 46,000 commercial vessels – tankers, bulk carriers, container ships, barges, and passenger ships – travel the oceans and other waters of the world, carrying cargo and passengers for commerce, transport, and recreation. Their activities are regulated and scrutinized in a number of respects by international protocols and U.S. domestic laws, including those designed to protect against discharges of pollutants that could harm marine resources, other parts of the ambient environment, and human health. However, there are overlaps of some requirements, gaps in other areas, geographic differences in jurisdiction based on differing definitions, and questions about the adequacy of enforcement.
Public attention to the environmental impacts of the maritime industry has been especially focused on the cruise industry, in part because its ships are highly visible and in part because of the industry's desire to promote a positive image. It represents a relatively small fraction of the entire shipping industry worldwide. As of January 2008, passenger ships (which include cruise ships and ferries) composed about 12% of the world shipping fleet. The cruise industry is a significant and growing contributor to the U.S. economy, providing more than $32 billion in total benefits annually and generating more than 330,000 U.S. jobs, but also making the environmental impacts of its activities an issue to many. Since 1980, the average annual growth rate in the number of cruise passengers worldwide has been 8.4%, and in 2005, cruises hosted an estimated 11.5 million passengers. Cruises are especially popular in the United States. In 2005, U.S. ports handled 8.6 million cruise embarcations (75% of global passengers), 6.3% more than in 2004. The worldwide cruise ship fleet consists of more than 230 ships, and the majority are foreign-flagged, with Liberia and Panama being the most popular flag countries. Foreign-flag cruise vessels owned by six companies account for nearly 95% of passenger ships operating in U.S. waters. Each year, the industry adds new ships to the total fleet, vessels that are bigger, more elaborate and luxurious, and that carry larger numbers of passengers and crew. Over the past two decades, the average ship size has been increasing at the rate of roughly every five years. The average ship entering the market from 2008 to 2011 will be more than long and will weigh more than 130,000 tons.
To the cruise ship industry, a key issue is demonstrating to the public that cruising is safe and healthy for passengers and the tourist communities that are visited by their ships. Cruise ships carrying several thousand passengers and crew have been compared to “floating cities,” in part because the volume of wastes produced and requiring disposal is greater than that of many small cities on land. During a typical one-week voyage, a large cruise ship (with 3,000 passengers and crew) is estimated to generate of sewage; of graywater (wastewater from sinks, showers, and laundries); more than of hazardous wastes; 8 tons of solid waste; and of oily bilge water. Passengers can singlehandedly produce up to 7.7 pounds of waste in a single day aboard a cruise ship. Those wastes, if not properly treated and disposed of, can pose risks to human health, welfare, and the environment. Environmental advocates have raised concerns about the adequacy of existing laws for managing these wastes, and suggest that enforcement of existing laws is weak.
A 2000 Government Accountability Office (GAO) report focused attention on problems of cruise vessel compliance with environmental requirements. GAO found that between 1993 and 1998, foreign-flag cruise ships were involved in 87 confirmed illegal discharge cases in U.S. waters. A few of the cases included multiple illegal discharge incidents occurring over the six-year period. GAO reviewed three major waste streams (solids, hazardous chemicals, and oily bilge water) and concluded that 83% of the cases involved discharges of oil or oil-based products, the volumes of which ranged from a few drops to hundreds of gallons. The balance of the cases involved discharges of plastic or garbage. GAO judged that 72% of the illegal discharges were accidental, 15% were intentional, and 13% could not be determined. The 87 cruise ship cases represented 4% of the 2,400 illegal discharge cases by foreign-flag ships (including tankers, cargo ships and other commercial vessels, as well as cruise ships) confirmed during the six years studied by GAO. Although cruise ships operating in U.S. waters have been involved in a relatively small number of pollution cases, GAO said, several have been widely publicized and have led to criminal prosecutions and multimillion-dollar fines.
In 2000, a coalition of 53 environmental advocacy groups petitioned the Environmental Protection Agency (EPA) to take regulatory action to address pollution by cruise ships. The petition was amended in 2000 to request that EPA also examine air pollution from cruise ships. The petition called for an investigation of wastewater, oil, and solid waste discharges from cruise ships. In response, EPA agreed to study cruise ship discharges and waste management approaches. As part of that effort, EPA issued a background document in 2000 with preliminary information and recommendations for further assessment through data collection and public information hearings. The agency released its final Cruise Ship Discharge Assessment Report in 2009. The report summarized findings of recent data collection activities, especially from cruise ships operating in Alaskan waters.
Concurrently, litigation regarding the National Pollutant Discharge Elimination System (NPDES) permit program led to a 2008 decision by the Ninth Circuit Court, ruling that EPA could not exclude vessel discharges from NPDES requirements.Northwest Environmental Advocates et al. v. EPA, 537 F.3d 1006 (9th Cir. 2008). Decided 2008-09-23. Subsequently, EPA issued an initial Vessel General Permit (VGP) with an effective date of February 6, 2009.EPA (2008-12-29). "Final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel." Federal Register, 73 FR 79473.
Cruise ship waste streams
Cruise ships generate a number of waste streams that can result in discharges to the marine environment, including sewage, graywater, hazardous wastes, oily bilge water, ballast water, and solid waste. They also emit air pollutants to the air and water. These wastes, if not properly treated and disposed of, can be a significant source of pathogens, nutrients, and toxic substances with the potential to threaten human health and damage aquatic life. Cruise ships represent a small – although highly visible – portion of the entire international shipping industry, and the waste streams described here are not unique to cruise ships. However, particular types of wastes, such as sewage, graywater, and solid waste, may be of greater concern for cruise ships relative to other seagoing vessels, because of the large numbers of passengers and crew that cruise ships carry and the large volumes of wastes that they produce. Further, because cruise ships tend to concentrate their activities in specific coastal areas and visit the same ports repeatedly (especially Florida, California, New York City, Galveston, Seattle, and the waters of Alaska), their cumulative impact on a local scale could be significant, as can impacts of individual large-volume releases (either accidental or intentional).
International laws and regulations
MARPOL 73/78 is one of the most important treaties regulating pollution from ships. Six Annexes of the Convention cover the various sources of pollution from ships and provide an overarching framework for international objectives. In the U.S., the convention is implemented through the Act to Prevent Pollution from Ships. Under the provisions of the convention, the United States can take direct enforcement action under U.S. laws against foreign-flagged ships when pollution discharge incidents occur within U.S. jurisdiction. When incidents occur outside U.S. jurisdiction or jurisdiction cannot be determined, the United States refers cases to flag states, in accordance with MARPOL. These procedures require substantial coordination between the Coast Guard, the State Department, and other flag states, and the response rate from flag states has been poor.
Federal laws and regulations
In the United States, several federal agencies have some jurisdiction over cruise ships in U.S. waters, but no one agency is responsible for or coordinates all of the relevant government functions. The U.S. Coast Guard and EPA have principal regulatory and standard-setting responsibilities.