Order Code RS22145
Updated January 28, 2008
Environmental Activities of
the U.S. Coast Guard
Jonathan L. Ramseur and Mark Reisch
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, which includes inspection of U.S. and
foreign-flagged ships to ensure compliance with U.S. laws and international agreements.
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. Another prevention effort, minimizing marine
debris, addresses commercial items (e.g., lost nets and fishing lines), as well as trash
from recreational fishing and boating (e.g., beverage cans, bottles, and pieces of foam
plastic). The Administration estimates that the marine environmental protection mission
will receive $372 million in FY2008, an increase of $31 million from the enacted
amount estimated for FY2007.
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
Security Act of 2002.2
1 CRS reports that discuss these issues include CRS Report RL33813, Fishery, Aquaculture, and
Marine Mammal Legislation in the 110th Congress, by Eugene H. Buck; CRS Report RL32154,
Marine Protected Areas: An Overview, by Jeffrey A. Zinn and Eugene H. Buck; and CRS Report
RL32344, Ballast Water Management to Combat Invasive Species, by Eugene H. Buck.
2 P.L. 107-296, Section 888 (6 U.S.C. 468). The other five are marine safety, search and rescue,
aids to navigation, living marine resources (fisheries law enforcement), and ice operations.

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Marine Environmental Protection Budget. Congressional appropriations for
the Coast Guard are not broken down by specific mission (e.g., marine environmental
protection), but are allocated to broader categories, such as “operating expenses.” The
Coast Guard accounts for mission-specific funding by using a “sophisticated activity-
based costing model.”3 Table 1 identifies the level of spending for the marine
environmental protection mission in recent years. The Administration estimates that
marine environmental protection will receive $372 million in FY2008, or 4.3% of the
Coast Guard’s total request of $8.73 billion. This is an increase of $31 million from the
enacted amount estimated for FY2007 ($341 million).
Table 1. U.S. Coast Guard Marine Environmental Protection
Budget Estimates: FY2006-FY2008
(dollars in thousands)
FY2006 Enacted
FY2007 Enacted
FY2008 Proposal
(% of budget
(% of budget
(% of budget
authority)
authority)
authority)
Marine Environmental
$370,757
$340,776
$371,771
Protection Mission
(4.6%)
(4.1%)
(4.3%)
Total Coast Guard
Adjusted Budget
Authority
$7,986,031
$8,360,559
$8,726,302
Source: U.S. Department of Homeland Security, 2007, Budget-in-Brief, Fiscal Year 2008, p. 52, available
at [http://www.dhs.gov/xabout/budget].
Note: Although the FY2006 and FY2007 funding amounts are be labeled as “enacted” amounts, the figures
are estimates based on Coast Guard performance assumptions. The FY2006 and FY2007 amounts are
revised from estimates provided in the FY2007 budget request submission.
Maritime Spill Response and Prevention/Preparedness.4 Protecting the
marine environment from accidental oil and chemical spills is an important mission of the
Coast Guard. Along with representatives of 15 other federal departments and agencies,
the Coast Guard and the Environmental Protection Agency (EPA) comprise the National
Response Team5 and 13 Regional Response Teams. EPA serves as the chair, and the
Coast Guard is the vice-chair of these teams. The National Contingency Plan6 (NCP)
3 U.S. Department of Homeland Security, 2007, Budget-in-Brief, Fiscal Year 2008, p. 52
(footnote 1).
4 For more information, see CRS Report RL33705, Oil Spills in U.S. Coastal Waters:
Background, Governance, and Issues for Congress, by Jonathan L. Ramseur.
5 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.
6 40 CFR Part 300. The full title of the NCP is the National Oil and Hazardous Substances
Pollution Contingency Plan.

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provides the organizational structure and procedures for preparing for and responding to
discharges of oil and hazardous substances on both water and land.
USCG responsibilities can be divided into two categories: (1) spill response and
cleanup and (2) spill prevention/preparedness. As the primary response authority in
maritime waters,7 the Coast Guard has the ultimate authority to ensure that a spill is
effectively removed and that actions are taken to prevent further discharge from the
source. During response operations, the Coast Guard coordinates the efforts of federal,
state, and private parties.
Preventing and preparing for spills is also a Coast Guard responsibility, and the
Coast Guard’s jurisdiction covers vessels; onshore, transportation-related facilities; and
deepwater ports.8 The Coast Guard’s prevention/preparedness duties are based on
international agreements and federal standards and regulations. A recent oil spill from a
foreign-flagged vessel in San Francisco Bay will likely generate further interest and
debate concerning oil spill policy issues, such as oil spill response and prevention.9
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 and chemical pollution;10
! 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;11
7 The EPA has response authority for inland oil spills. The terms inland and coastal are defined
in the NCP (40 CFR Section 300.5). The coastal zone covers all waters subject to the tide, the
Great Lakes, and all seaward waters (extending 200 nautical miles beyond shore). The inland
zone covers all other U.S. waters.
8 Other federal agencies oversee other potential sources of spills (pipelines, offshore facilities).
For more information, see CRS Report RL33705, Oil Spills in U.S. Coastal Waters: Background,
Governance, and Issues for Congress, by Jonathan L. Ramseur.
9 On November 7, 2007, a 900-foot container ship — the Cosco Busan, flagged as a Hong Kong
vessel — struck the San Francisco Bay Bridge, spilling 58,000 gallons of oil into the bay.
10 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.
11 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.

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! a global, cooperative framework for combating major incidents or threats
of marine pollution from oil and hazardous and noxious substances;12 and
! pollution from the dumping of wastes and other materials.13
The Oil Pollution Act of 1990 (OPA) 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). The Coast
Guard conducts “certificate of compliance” examinations — both on a random and
targeted basis — on foreign vessels that make port calls in the United States.14 The
inspection 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. The pollution prevention
examination covers the various waste streams onboard and related record keeping, which
vary for different types of ships, and may include the following:
! Oil pollution prevention systems include the oily water separator and the
sludge containment system. The oily water separator is a high-
maintenance device, and ships sometimes alter their piping to bypass the
system. Further, pumping oily sludge ashore is expensive 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.15
! Non-hazardous waste is shipboard garbage, including food waste,
plastics, and other synthetic materials, as well as recyclables like glass,
and aluminum and steel cans.
12 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.
13 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.
14 In 2006, 8,178 individual vessels, from 79 different flag States, made 78,668 port calls to the
United States. U.S. Coast Guard, 2007, Port State Control in the United States: Annual Report
2006, p. 2.
15 Cruise ships, for example, will have dry cleaning and photo processing wastes.

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! 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, by
Claudia Copeland.)
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”16 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.
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).17 The NPFC manages the Oil Spill Liability
Trust Fund (OSLTF), as well as the Coast Guard’s use of the Superfund Trust Fund. The
OSLTF is primarily used to finance prompt responses to oil spills and to reimburse parties
for applicable costs associated with oil spills (e.g., cleanup costs, natural resource
damages, economic losses).
Initially, the primary source of revenue for the fund was a 5-cents-per-barrel fee on
imported and domestic oil.18 Collection of this fee ceased on December 31, 1994, because
of 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 FY2006, the fund had
approximately $604 million; the NPFC projects it to have more than $1 billion by the end
of FY2008.19
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
16 Classification societies are organizations that establish and apply technical standards in relation
to the design, construction and survey of marine related facilities including ships and offshore
structures.” For more information, see International Association of Classification Societies,
“What Are Classification Societies?,” at [http://www.eagle.org/company/Classmonograph.pdf].
Examples include the American Bureau of Shipping and Lloyd’s Register.
17 For more discussion on issues regarding management of the trust fund, see CRS Report
RL33705, Oil Spills in U.S. Coastal Waters: Background, Governance, and Issues for Congress,
by Jonathan L. Ramseur.
18 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.
19 National Pollution Funds Center, Oil Spill Liability Trust Fund (OSLTF), Annual Report FY
2002 — FY 2006 (fund estimate prepared June 27, 2007).

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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.
Marine Debris. Marine debris (e.g., discarded fishing lines or nets) can endanger
birds and marine animals, and cause damage to coral reefs. 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, promoting 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 Conservancy20 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.
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. 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. 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 CRS reports referenced above).
Environmental Compliance and Restoration. This activity is concerned with
Coast Guard 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.
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20 Formerly the Center for Marine Conservation.

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