AN ANALYSIS OF PROPOSED US NAVY SHIP-BORNE WASTE HANDLING PRACTICES TO ADDRESS MARPOL ANNEX-V PROVISIONS

In 1987, the United States ratified Annex V of the MARPOL Protocol. Un der the Marine Plastic Pollution Research and Control Act of 1987 (P.L . 100-220), the U.S Navy was ordered to observe the MARPOL Annex V pro visions for solid waste disposal at sea by 1994. The National Defense Authorization Act for Fiscal Year 1994 (P.L. 103-160), however allows some U.S. Navy vessels until December 31, 2008 to comply. In accordanc e with Annex V, disposal of any solid waste is to be prohibited in des ignated Special Areas-the Antarctic Sea, Baltic Sea, Black Sea, Wider Caribbean Region (which includes the Gulf of Mexico), Mediterranean Se a, Middle Eastern Gulfs Area (which includes the Persian Gulf), North Sea, and Red Sea. The U.S. Navy is considering new waste-handling proc edures in the hope that overboard discharge of nonhazardous solid wast es will meet the primary objectives of Annex V and, in particular, wil l be acceptable in the Special Areas. This plan would require a contin ued exemption for the U.S. Navy from Annex V guidelines pertaining to Special Areas. In a broader context, analysis of the U.S. Navy plan ra ises some questions regarding some of the technical provisions of Anne x V. Some existing technological restrictions may limit overall enviro nmental benefits.