Order Code RS22145
Updated May 24, 2006
CRS Report for Congress
Received through the CRS Web
Environmental Activities of the
U.S. Coast Guard
Mark Reisch and Jonathan Ramseur
Analysts in Environmental Policy
Resources, Science, and Industry Division
Summary
The U.S. Coast Guard’s (USCG’s) environmental activities focus on prevention
programs, accompanied by enforcement and educational activities. An important
component is maritime oil spill prevention. Inspection of U.S. and foreign-flagged ships
is carried out on both a random and targeted basis, to ensure compliance with U.S. laws
and international agreements aimed at preventing oil spills and other marine pollution.
Another prevention effort, minimizing marine debris, addresses commercial items
like lost nets and fishing lines, as well as trash from recreational fishing and boating,
such as beverage cans and bottles and pieces of foam plastic. As required by the Oil
Pollution Act and the Superfund law, the USCG’s pollution preparedness and response
activities aim to reduce the impact of oil and hazardous substances spills. USCG’s
National Pollution Funds Center manages the Oil Spill Liability Trust Fund, paying
certain spill-related costs and certifying that vessels show evidence of financial
responsibility. The environmental compliance and restoration activity seeks to ensure
USCG compliance with environmental laws. The FY2007 budget request for marine
environmental protection is $332 million, a decrease of $55 million from FY2006
enacted level, and representing 3.9% of the USCG’s total budget. This report will be
updated as warranted.
Environmental activities of the U.S. Coast Guard (USCG) fall within the service’s
program for protection of natural resources, and consist of maritime oil spill prevention,
marine debris, and pollution response preparedness. Protection of living marine resources
and fisheries also falls in this category, but is not discussed here.1 Marine environmental
protection is one of six “non-homeland security missions” specified in the Homeland
1 CRS reports that discuss these issues include CRS Issue Brief IB10139, Fishery, Aquaculture,
and Marine Mammal Legislation in the 109th Congress, and CRS Report RL30215, The
Magnuson-Stevens Fishery Conservation and Management Act: Reauthorization Issues, both by
Eugene H. Buck. Somewhat related is CRS Report RL32344, Ballast Water Management to
Combat Invasive Species, by Eugene H. Buck.
Congressional Research Service ˜ The Library of Congress

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Security Act of 2002.2 The other five are marine safety, search and rescue, aids to
navigation, living marine resources (fisheries law enforcement), and ice operations.
Appropriations. The FY2007 budget request for marine environmental protection
is $332 million, or 3.9% of the Coast Guard’s total request of $8.42 billion. This is a
decrease of $55 million from the FY2006 enacted amount of $387 million. In FY2005,
marine environmental protection received $261 million.
Table 1. U.S. Coast Guard Marine Environmental Protection Budget
FY2005 Enacted
FY2006 Enacted
FY2007 Request
(% of budget
(% of budget
(% of budget
authority)
authority)
authority)
Marine Environmental
$261,162,000
$386,846,000
$331,710,000
Protection
(3.5%)
(4.8%)
(3.9%)
Total Coast Guard
Adjusted Budget
$7,524,560,000
$8,093,797,000
$8,422,075,000
Authority
Source: U.S. Department of Homeland Security. Budget-in-Brief, Fiscal Year 2007, p. 51. Available at
[http://www.dhs.gov/interweb/assetlibrary/Budget_BIB-FY2007.pdf].
Maritime Oil Spill Prevention. The U.S. depends on petroleum as a major power
source for factories and transportation, and as a major industrial feedstock. Protecting the
marine environment from accidental oil spills is an important mission of the Coast Guard.
In 2004, more than 327 billion gallons of petroleum products and 3.5 billion tons of
domestic cargo traveled through U.S. ports and waters.3
The USCG’s foremost effort is in prevention programs and enforcement based on
international agreements, and on federal standards and regulations. In addition to tankers,
potential sources of oil pollution include commercial and recreational vessels, as well as
waterfront storage facilities from marinas to industrial facilities and shipyards.
The Coast Guard represents the United States at the International Maritime
Organization (IMO), which, through treaties, sets international environmental and safety
standards for vessels. Important treaties cover the following topics:
! accidental and operational oil pollution as well as pollution by chemicals,
goods in packaged form, sewage, garbage, and air pollution;4
2 P.L. 107-296, Section 888 (6 U.S.C. 468).
3 U.S. Dept. of Homeland Security, United States Coast Guard Fiscal Year 2005 Report, p. 2.
4 The IMO International Convention for the Prevention of Pollution from Ships, 1973, as
modified by the Protocol of 1978 relating thereto (MARPOL 73/78), implemented in the United
States by the Act to Prevent Pollution from Ships, P.L. 96-478.

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! the right of a coastal state to take measures on the high seas to prevent,
mitigate, or eliminate danger to its coastline from pollution by oil;5
! a global framework for cooperation in combating major incidents or
threats of marine pollution from oil, and hazardous and noxious
substances;6 and
! pollution from the dumping of wastes and other materials.7
For example, the Oil Pollution Act of 1990 (OPA-90) and the international treaty
MARPOL 73/78 require the owners and operators of vessels that carry oil and designated
hazardous substances to submit to the Coast Guard “Vessel Response Plans” and/or
“Shipboard Oil Pollution Emergency Plans.” These vessel-specific plans address such
matters as spill mitigation procedures, training requirements for the crew, and spill
mitigation equipment required to be carried on board. The USCG must approve the plans
for a ship to operate legally in U.S. waters. Under these authorities vessel operators also
must submit to regular inspections, and the USCG’s inspection program is a key
component of their oil spill prevention effort.
Inspection of Foreign Ships (Port State Control Program). In 2004 (the
most recent annual data), 7,241 individual vessels, from 81 different flag States, made
72,178 port calls in the United States.8 The Coast Guard conducts “certificate of
compliance” examinations on many of these vessels on both a random and targeted basis.
The program emphasizes compliance with environmental and safety standards and,
particularly since September 2001, is concerned with port security as well. The inspecting
officers verify that the vessels and their crews are in substantial compliance with
international conventions and applicable U.S. laws. In 2004, the USCG conducted 11,054
safety and environmental compliance inspections and 6,087 security exams on all types
of passenger, freight, and tank ships.9
The pollution prevention examination covers the various waste streams onboard and
related record keeping, which vary for different types of ships, and include the following:
! Oil pollution prevention systems include the oily water separator and the
sludge containment system, and are the biggest environmental problems.
The oily water separator is a high-maintenance device; sometimes ships
5 The International Convention Relating to Intervention on the High Seas in Cases of Oil
Pollution Casualties, 1969, implemented in the United States by the Intervention on the High
Seas Act, P.L. 93-248. A 1973 protocol extended the convention to cover substances other than
oil, and was implemented in the United States by P.L. 95-302. Amendments in 1991, 1996, and
2002 added additional substances.
6 The International Convention on Oil Pollution Preparedness, Response and Co-operation
(OPRC), 1990, implemented in the United States by P.L. 102-241. A protocol to this convention
(HNS Protocol, 2000) covers marine pollution by hazardous and noxious substances.
7 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,
1972, generally known as the London Convention; seven amendments from 1978 to 1996
addressed such things as incineration, low-level radioactive wastes, and industrial wastes.
8 USCG, Port State Control in the United States: Annual Report 2004, p.6.
9 Ibid.

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will alter their piping to bypass the system. Further, pumping oily sludge
ashore is expensive to do and ships have been known to take illegal steps
to avoid it.
! The black water system includes marine sanitation devices and other
systems to treat, store, and discharge sewage.
! Hazardous waste includes paints, thinners, and cleaning solutions that
contain hazardous substances. The types and volumes of hazardous waste
vary depending on the technology and processes used aboard. Cruise
ships, for example, will have dry cleaning and photo processing wastes.
! Non-hazardous waste is shipboard garbage and includes food waste,
plastics, and other synthetic materials, as well as recyclables like glass,
and aluminum and steel cans.
! The gray water system includes discharges from the galley, sinks,
showers, and baths.
In recent years, cruise ships, most of which are registered in foreign countries, have
gained attention. These very large vessels carry up to 5,000 passengers who generate a
large amount of sewage and gray water. (For additional information, see CRS Report
RL32450, Cruise Ship Pollution: Background, Laws and Regulations, and Key Issues.)
Inspection of Domestic Ships. The domestic inspection system is similar to
the port state control program in assuring compliance with applicable laws and treaties.
Rules vary according to size and type of vessel (e.g., tanker, passenger, cargo, and mobile
offshore drilling units), and the number of passengers carried. In 1996, the Coast Guard
initiated its Alternate Compliance Program (ACP), under which “classification
societies”10 can perform inspections that satisfy certain periodic USCG test and inspection
requirements. The ACP allows the service to shift its emphasis from providing a quality
control service (inspections) to evaluating the human factors in maritime operations
(which account for more than 80% of marine accidents), and to port state enforcement.
Marine Debris. Marine debris such as discarded fishing lines and abandoned and
lost nets can entangle and be lethal to birds and marine animals, and can damage coral
reefs that provide homes for numerous fish and invertebrates. Even less lethal trash from
recreational fishing and boating (such as beverage cans and bottles, food wrappers, and
foam plastic pieces) degrades beaches, coral reefs, and the oceans. The Coast Guard’s
approach to debris is preventive, and USCG personnel promote compliance by boarding
and inspecting vessels, and working with local port agencies to ensure there are facilities
to receive garbage from vessels. The Coast Guard also coordinates with the
Environmental Protection Agency (EPA), the National Marine Fisheries Service, the
National Park Service, and the Ocean Conservancy (formerly the Center for Marine
Conservation) in monitoring and measuring amounts of marine debris. This activity is
authorized in the Act to Prevent Pollution from Ships, 33 U.S.C. 1905 and 1915, as well
as MARPOL Annex V.
10 A classification society is “[a]n Organisation, whose main function is to carry out surveys of
vessels, its purpose being to set and maintain standards of construction and upkeep for vessels,
their engines and their safety equipment.” From A-Z of Shipping Terms, on website of P&O
Nedlloyd, at [http://www.ponl.com/topic/home_page/language_en/about_us/useful_information/
a-z_of_shipping_terms/C]. Examples are the American Bureau of Shipping and Lloyd’s Register.

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Pollution Preparedness and Response. The pollution preparedness and
response activity is aimed at minimizing the impact of spills of oil and hazardous
substances on the marine environment. As required by the Oil Pollution Act and the
Superfund law11 for cleaning up hazardous wastes, the USCG and EPA share
responsibility, with the Coast Guard being the lead agency for pollution prevention and
response in the coastal maritime zone, and EPA being the lead for inland waters. Along
with representatives of 15 other federal departments and agencies, they comprise the
National Response Team12 and 13 Regional Response Teams. EPA serves as the chair,
and the Coast Guard is the vice-chair of these teams. The National Contingency Plan13
(NCP) provides the organizational structure and procedures for preparing for and
responding to discharges of oil and hazardous substances on both water and land.
Marine and Environmental Science. The Coast Guard has a history of
scientific study of the oceans dating back to 1881, when it began Arctic cruises along the
Alaska coast. Today the USCG role is that of a facilitator, supporting the scientific efforts
of other groups. Satellites and computers have taken over many of the weather-data
gathering activities formerly performed by USCG. Moreover, many of the oceanographic
and other scientific activities conducted by federal agencies, including the Coast Guard,
were consolidated in 1970 with the creation of the National Oceanic and Atmospheric
Administration (NOAA).
The Coast Guard operates three icebreakers in the Arctic and Antarctic, and provides
supplies to remote stations. These icebreakers typically carry about 40 scientists from
universities as well as from such federal agencies as NOAA’s National Marine Fisheries
Service and the U.S. Fish and Wildlife Service. The USCG also participates in the
International Ice Patrol, which monitors iceberg danger in the northwest Atlantic,
particularly in the area of the Grand Banks of Newfoundland. The iceberg season is
usually from February to July, but the Ice Patrol is logistically flexible and can commence
operations when iceberg conditions dictate.
The Coast Guard is responsible for enforcing federal regulations governing
commercial fisheries. The USCG carries out some 4,000-6,500 boardings per year to
ensure compliance with gear and harvest regulations (see reports referenced in footnote
1.).
National Pollution Funds Center. The Coast Guard created the National
Pollution Funds Center (NPFC) in 1991 to carry out many of the requirements of Title I
of the Oil Pollution Act of 1990 (OPA). The NPFC manages the Oil Spill Liability Trust
11 Comprehensive Environmental Response, Compensation, and Liability Act, P.L. 96-510 (42
U.S.C. 9601 ff.).
12 The National Response Team “coordinates a program of preparedness, planning, and response
to oil and hazardous materials incidents at the local, regional, and national levels; facilitates
research to improve response activities; and provides assistance for responses to specific
incidents as needed.” U.S. Dept. of Homeland Security, National Response Plan, Oil and
Hazardous Materials Annex, p. 3.
13 40 CFR Part 300. The full title of the NCP is the National Oil and Hazardous Substances
Pollution Contingency Plan.

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Fund (OSLTF), as well as the Coast Guard’s use of the Superfund Trust Fund. The
OSLTF is used for several purposes:
! prompt payment of costs for responding to and removing oil spills, in
accordance with the National Contingency Plan (including payments to
federal entities, such as USCG and EPA);
! payment of the costs incurred by the federal and state trustees of natural
resources for assessing the injuries to natural resources caused by an oil
spill, and developing and implementing the plans to restore or replace the
injured natural resources;
! payment of parties’ claims for uncompensated removal costs, and for
uncompensated damages (including, e.g., financial losses of fishermen,
hotels, and beachfront businesses);
! payment for the net loss of government revenue, and for increased public
services by a state or its political subdivisions; and
! payment of federal administrative and operational costs, including
research and development, and $25 million per year for the Coast
Guard’s operating expenses.
Initially, the primary source of revenue for the fund was a 5-cents-per-barrel fee on
imported and domestic oil.14 Collection of this fee ceased on December 31, 1994, due to
a “sunset” provision in the law. However, in April 2006, the tax resumed as required by
the Energy Policy Act of 2005 (P.L. 109-58). At the end of April 2006, the fund’s
balance was $662 million.
To ensure that responsible parties can be held accountable for cleanup costs and
damages in the event of an oil spill (thereby preserving the oil spill fund), OPA requires
that vessels show evidence of financial responsibility, such as insurance. The NPFC
carries out this mandate by issuing Certificates of Financial Responsibility (COFRs) to
shipping vessel owners when owners demonstrate the ability to pay for oil spill cleanup
and damages. In general, vessels over 300 gross tons are required to have a valid COFR
to operate in U.S. waters.
The NPFC also takes action to recover cleanup costs from responsible parties. It
documents ongoing costs and damages from the spill area, and bills the responsible party.
About 40% of spills in U.S. waters are “mystery” spills, and the costs go unrecovered.
Environmental Compliance and Restoration. This activity is concerned with
USCG compliance with environmental laws. Ongoing initiatives include meeting the
more stringent emission requirements of the Clean Air Act Amendments of 1990, and
developing strategies to minimize the generation of hazardous waste. There also are
continuing efforts to design pollution prevention into shore facility improvement projects,
and to conduct environmental audits at facilities to find and correct potential
environmental violations.
14 Other revenue sources for the fund include interest on the fund, cost recovery from the parties
responsible for the spills, and any fines or civil penalties collected.

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