Would fossil fuel extraction and dispersal without a EPA permit, when the agent of this knows/knew about the ultimate oceanic fate of most of this greenhouse gas pollution, and the climate effect, violate this USA law?
Brian - On Tue, Mar 26, 2024, 13:29 Renaud de RICHTER <[email protected]> wrote: > https://www.epa.gov/ocean-dumping/permitting-mcdr-and-msrm > Permitting for mCDR and mSRM 20/11/2023 > ------------------------------ > > More information on proposed mCDR and mSRM techniques: About mCDR and mSRM > <https://undefined/ocean-dumping/about-mcdr-and-msrm> > > Additional information about the MPRSA: MPRSA > <https://undefined/ocean-dumping> > > If a proposed mCDR or mSRM activity, including field research trials, > involves the disposition of material into marine waters, then a permit or > authorization under the Marine, Protection, Research, and Sanctuaries Act > (MPRSA) or the Clean Water Act <https://undefined/npdes> may be required. > Below, view information and resources related to permitting for mCDR and > mSRM activities. > > On this page: > > - Marine Geoengineering and the London Convention and London Protocol > International Treaties > - Permitting of mCDR or mSRM Activities > - When is an MPRSA Permit Required? > - MPRSA Permits for mCDR and mSRM Activities > - When is a Clean Water Act NPDES Permit Required? > - Permitting Resources > - Proposed Permits and Public Comment > - MPRSA mCDR Research Permit Resources > > Marine Geoengineering and the London Convention and London Protocol > International Treaties > > The London Convention and London Protocol are two international treaties > that protect the marine environment from pollution caused by the dumping of > wastes and other matter into the ocean. The Marine Protection, Research and > Sanctuaries Act (MPRSA) implements the requirements of the London > Convention in the United States. > > Learn more about the work of the London Convention and London Protocol > related to marine geoengineering > <https://undefined/ocean-dumping/ocean-dumping-international-treaties#climate%20change> > . > Permitting of mCDR or mSRM Activities > > Depending on case-specific facts of the proposed mCDR or mSRM activity, > including the specific type and location of the activity, a permit may be > required under one of the following permitting programs under statutes > administered by the EPA: > > 1. Marine Protection, Research and Sanctuaries Act or > 2. Clean Water Act - National Pollutant Discharge Elimination System. > > Regardless of the applicable statutory permitting program, the permitting > process generally includes: > > - Ensuring that the proposed activity will not unreasonably degrade > the environment or endanger human health. > - Opportunities for public review and comment on the proposed > activities. > - Coordination with other federal, state, Tribal, and local entities > as appropriate including considerations under Clean Water Act 401 > <https://undefined/cwa-401>, the Endangered Species Act and the > Coastal Zone Management Act. > > When is an MPRSA Permit Required? > > Unless specifically excluded or exempt from MPRSA, an MPRSA permit is > needed to authorize the transportation and "dumping" of any material into > "ocean waters". Section 106 of the MPRSA voids any licenses, permits, and > authorizations other than MPRSA permits that purport to authorize > activities regulated by the MPRSA. An MPRSA permit is not needed for > activities that are specifically exempt from permitting under the MPRSA or > for the disposition of material from activities that do not occur in ocean > waters. > > Examples of activities that do not require an MPRSA permit: > > - *Discharges of effluent from an "outfall structure" regulated under > the Clean Water Act* are exempt from the MPRSA and do not require an > MPRSA permit. See section on mCDR permitting under the Clean Water Act. > - *Activities conducted in internal waters*, (e.g., a bay, harbor, or > other waterbody landward of ocean waters) are not subject to MPRSA but may > be regulated under other federal, state or local laws. MPRSA does not apply > to waters landward of the baseline. > > *"Dumping" means a disposition of material.* The MPRSA uses the term > "dumping"; that term is defined broadly to encompass the disposition of > material both for the purpose of disposal and purposes other than disposal. > There are exemptions to the definition of dumping, including when > "construction of a fixed structure or artificial island" or "placement of a > device" is for a purpose other than disposal and where the construction or > placement is otherwise regulated under another law. > > *The MPRSA applies in "ocean waters."* Ocean waters include the open seas > lying seaward of the "baseline" of the territorial seas. In general terms, > the baseline is the mean lower low water line, or ordinary low water mark, > along the coast and the "closing lines" across rivers mouths and openings > of bays that are depicted on official United States Nautical Charts. > > "Ocean waters" for the purposes of the MPRSA include: > > - The territorial seas (the first three nautical miles seaward of the > baseline). > - The contiguous zone (the next nine nautical miles from three to > twelve nautical miles seaward of the baseline). > - The exclusive economic zone of the United States (out to 200 > nautical miles). > - The high seas beyond the exclusive economic zone of the United > States extending to the exclusive economic zone of another country. > > The geographic jurisdiction of the Marine Protection, Research and > Sanctuaries Act begins at the U.S. baseline from which the territorial sea > is measured and extends seaward. The baseline consists of the closing lines > across bays, harbors and river mouths and the mean lower water line (MLLW) > along the coast. > The Marine Protection, Research and Sanctuaries Act applies in "ocean > waters." Ocean waters are waters of the open sea lying seaward of the > baseline from which the territorial sea is measured and include the > territorial seas, the contiguous zone, the U.S. exclusive economic zone and > the high seas. > > An MPRSA permit would be needed by: > > - Anyone transporting material from the United States for the purpose > of dumping it into ocean waters. > - Anyone in a vessel or aircraft registered in the United States or > flying the United States flag transporting material from any location for > the purpose of dumping it into ocean waters. > - Any United States department, agency or instrumentality transporting > material from any location for the purpose of dumping it into ocean waters. > - Any other person dumping material transported from a location > outside the United States into the territorial sea of the United States, or > into a zone contiguous to the territorial sea of the United States, to the > extent that it may affect the territorial sea or the territory of the > United States. > > Examples of mCDR or mSRM activities that may require authorization under > an MPRSA permit include: > > - *Transportation and disposition of mCDR- or mSRM-related materials > into the ocean.* For example, transporting alkaline solutions, > alkaline minerals, iron solutions or solids, or reflective materials to > ocean waters via vessel or aircraft and releasing the materials into those > waters. > - *Transporting and sinking biomass* (e.g., macroalgae or terrestrial > biomass) by or from a vessel into the ocean. > > MPRSA Permits for mCDR and mSRM Activities > > MPRSA permits authorize the transportation and disposition of materials > for the mCDR or mSRM activities. > > Research permits are the most relevant MPRSA permit category for mCDR or > mSRM research activities. However, MPRSA general or special permits may be > appropriate in some situations. Research permits may be issued for a period > of up to 18 months. General and special permits may be issued for up to 7 > years and 3 years, respectively. > > All MPRSA permits types may be considered for renewal. > MPRSA Permit Application Requirements and Process > > The EPA encourages potential permit applicants to familiarize themselves > with the requirements for MPRSA permits as described in the MPRSA > regulations <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-H> > (40 CFR Part 220 to 229) and particularly the permit application sections > (40 CFR Parts 221 and 222). > > The permit application process begins with the applicant developing a > permit application. Application processing fees are laid out in 40 CFR > 221.5 > <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-H/part-221/section-221.5> > . > > Once the EPA receives a complete application, permitting process described > in 40 CFR Part 222 > <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-H/part-222?toc=1> > begins. This process includes coordination and/or consultation with other > relevant entities as appropriate. These entities may include states, Tribes > and federal agencies, including those that administer federal statues such > as the Endangered Species Act, Clean Water Act 401, and Coastal Zone > Management Act. The process also includes a public review and comment > period. > > The application requirements are set forth at 40 CFR 221.1 > <https://www.ecfr.gov/current/title-40/chapter-I/subchapter-H/part-221>. > The MPRSA permit application includes: > > - Description of the proposed research or deployment activities. > - Methods used to transport and place the material into the marine > environment. > - Description of the proposed environmental monitoring program > designed to characterize environmental impacts of the proposed activities. > - Description of the material(s) to be placed into the ocean > environment (e.g., physical and chemical properties, amounts). > - Description of the proposed location(s) for conducting the research > or deployment activity. > - For research permits: a justification that the scientific merit of > the proposed project outweighs any potential environmental or other damage > that may result. > - Other information required by the regulations and any additional > information that will assist in the permit application evaluation process. > > Locations for Permitted mCDR or mSRM Activities > > Applicants should propose suitable location(s) for mCDR or mSRM research > activities, which the EPA will evaluate for approval. Potential locations > should be selected based upon various criteria, including: > > - The environmental conditions necessary to conduct the research. > - Considerations to minimize potential impacts to the marine > environment, marine resources, human health, navigation and other uses of > the ocean. > > Note that existing MPRSA ocean sites designated for the ocean disposal of > dredged material are not available locations for mCDR research involving > the disposition of material (40 CFR 228.4(e)(3)). > For Further Information About the Permit Process or to Begin the MPRSA > Permit Application Process > > The EPA can provide additional information on the MPRSA permit application > development process to potential permit applicants and answer questions > about the permitting process. Please contact the EPA headquarters point of > contact for MPRSA permitting for mCDR or mSRM by emailing > [email protected] <https://undefined/mailto:[email protected]>. > When is a Clean Water Act NPDES Permit Required? > > In general, discharges of pollutants from point sources into waters of the > United States are regulated under the Clean Water Act and require a National > Pollutant Discharge Elimination System (NPDES) <https://undefined/npdes> > permit. mCDR activities that result in the discharge of effluent (e.g., > alkaline solution, CO2-depleted water) through an outfall structure into > ocean waters, or otherwise are exempt from the MPRSA, are regulated under > the Clean Water Act by an NPDES permit that applies the ocean discharge > criteria (Clean Water Act section 403) and other Clean Water Act > requirements. > > The facility discharging the effluent to ocean waters could be on land, a > fixed structure at sea, or a facility onboard a vessel or floating craft > operating in a capacity other than as a means of transportation. For > example, EPA has issued NPDES permits for discharges associated with a > variety of industrial activities into marine water including offshore oil > and gas exploration, production and development; aquaculture; and offshore > seafood processing facilities. > > Additionally, mCDR activities that result in discharges inside a bay, > harbor, or body of water landward of the baseline may require > authorization under a Clean Water Act NPDES permit and are not subject to > MPRSA permitting, as MPRSA jurisdiction does not include waters inside the > baseline of the territorial sea. > > Examples of mCDR activities that may require authorization under a Clean > Water Act NPDES permit: > > - *mCDR-related changes to the effluent discharge at an existing > wastewater treatment plant facility* (e.g., additions of alkaline > solutions or materials). These would be regulated under the NPDES permit > for that facility. In this case, the mCDR project applicant would > communicate with the current NPDES permittee and the regulatory authority > to ensure that any mCDR-related changes in the facility's discharges remain > with the scope of the authorization of the existing NPDES permit or whether > an NPDES permit modification is necessary because the original permit > application did not disclose the mCDR-related change. > - *Discharges (e.g., alkaline solutions) not into ocean waters* (e.g., > internal waters located inside the closing line of a bay, harbor or river > mouth) would require NPDES permit authorization rather than authorization > under the MPRSA. > > Additional Information on NPDES permits: > > - General information about NPDES permits, including FAQs > <https://undefined/npdes/npdes-permit-basics> > - More information on permit application forms for EPA-issued NPDES > permits > <https://undefined/npdes/npdes-applications-and-forms-epa-applications> > > Contact Us > > Do you have questions regarding permitting for mCDR or mSRM activities? > Email [email protected] <https://undefined/mailto:[email protected]> > . > MPRSA Permitting Resources Proposed Permits and Public Comment > > There are no proposed MPRSA permits open for comment at this time. > mCDR and mSRM MPRSA Permitting Resources > > Please email [email protected] > <https://undefined/mailto:[email protected]> with questions on mCDR or > mSRM permitting or to inquire about the MPRSA permitting process for these > activities. > > -- > You received this message because you are subscribed to the Google Groups > "Carbon Dioxide Removal" group. > To unsubscribe from this group and stop receiving emails from it, send an > email to [email protected]. > To view this discussion on the web visit > https://groups.google.com/d/msgid/CarbonDioxideRemoval/CAHodn98G0gD4USXmB%2B0RJipJW6sMOtAD--SVL-ijX8L7ePYAnA%40mail.gmail.com > <https://groups.google.com/d/msgid/CarbonDioxideRemoval/CAHodn98G0gD4USXmB%2B0RJipJW6sMOtAD--SVL-ijX8L7ePYAnA%40mail.gmail.com?utm_medium=email&utm_source=footer> > . > -- You received this message because you are subscribed to the Google Groups "geoengineering" group. 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