Shipping Lawyer Environmental Regulations in Shipping 1 — Questions and Answers
Question 1: Which international convention primarily governs the prevention of pollution from ships?
- MARPOL 73/78 (Correct answer)
- SOLAS 1974
- UNCLOS 1982
- ISM Code
Correct answer: MARPOL 73/78
MARPOL 73/78 (International Convention for the Prevention of Pollution from Ships) is the main international treaty addressing vessel-source pollution including oil, chemicals, sewage, and garbage.
Question 2: Under US law, which statute imposes strict liability on shipowners for oil spills into US waters?
- Oil Pollution Act of 1990 (OPA 90) (Correct answer)
- Clean Water Act only
- CERCLA only
- Rivers and Harbors Act
Correct answer: Oil Pollution Act of 1990 (OPA 90)
OPA 90, enacted after the Exxon Valdez spill, imposes strict liability on responsible parties for oil removal costs and damages resulting from discharges into US navigable waters.
Question 3: What is the US liability limit for a single-hull tank vessel under OPA 90?
- $3,000 per gross ton or $22 million, whichever is greater (for vessels over 3,000 gross tons) (Correct answer)
- $500 per gross ton
- $1 million flat
- Unlimited liability
Correct answer: $3,000 per gross ton or $22 million, whichever is greater (for vessels over 3,000 gross tons)
OPA 90 sets liability limits based on vessel type and gross tonnage, with limits periodically adjusted by regulation; tank vessels face higher limits than non-tank vessels.
Question 4: What must a vessel owner maintain under OPA 90 to evidence financial responsibility for oil spills?
- A Certificate of Financial Responsibility (COFR) (Correct answer)
- A MARPOL compliance certificate
- A P&I club membership card
- An EPA discharge permit
Correct answer: A Certificate of Financial Responsibility (COFR)
Vessels operating in US waters must obtain a COFR from the US Coast Guard evidencing that the owner has the financial resources to pay OPA 90 liability limits.
Question 5: What is an Emission Control Area (ECA) under MARPOL Annex VI?
- A designated sea area where stricter limits on sulfur oxide and nitrogen oxide emissions from ships apply (Correct answer)
- An area where vessels must operate at reduced speed
- A port zone where engines must be shut down
- A region where vessel emissions are freely permitted
Correct answer: A designated sea area where stricter limits on sulfur oxide and nitrogen oxide emissions from ships apply
ECAs are special sea areas established under MARPOL Annex VI where stricter standards for SOx, NOx, and particulate matter emissions from ship exhausts apply.
Question 6: Which US Act criminalizes the discharge of oil by vessels in US waters and imposes criminal penalties on officers?
- Act to Prevent Pollution from Ships (APPS) (Correct answer)
- Oil Pollution Act of 1990
- Clean Water Act Section 311
- Rivers and Harbors Act of 1899
Correct answer: Act to Prevent Pollution from Ships (APPS)
APPS implements MARPOL in the US and makes it a criminal offense to knowingly violate its provisions, including maintaining false oil record books — with officers facing personal criminal liability.
Shipping Lawyer Environmental Regulations in Shipping 1
Which international convention primarily governs the prevention of pollution from ships?