Permitting for mCDR and mSRM | US EPA
Renaud de RICHTER
Permitting for mCDR and mSRM
20/11/2023
More information on proposed mCDR and mSRM techniques: About mCDR and mSRM
Additional information about the MPRSA: MPRSA
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 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
- Permitting 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.
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:
- Marine Protection, Research and Sanctuaries Act or
- 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, 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.
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 (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.
Once the EPA receives a complete application, permitting process described in 40 CFR Part 222 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. 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 EPAmar...@epa.gov.
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) 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
- More information on permit application forms for EPA-issued NPDES permits
Contact Us
Do you have questions regarding permitting for mCDR or mSRM activities? Email EPAmar...@epa.gov.
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 EPAmar...@epa.gov with questions on mCDR or mSRM permitting or to inquire about the MPRSA permitting process for these activities.
Brian Cady
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Chris Vivian
Brian,
First, I note you have cc’d the Geoengineering Google Group despite Andrew Lockley’s email pointing out that doing so for emails not relevant to that group will lead to you being barred from that group – see his email dated 22nd March.
EVERYONE SHOULD CHECK WHO ANY REPLY EMAILS ARE ADDRESSED TO BEFORE SENDING!!!
Secondly, I suspect that, as with UK legislation for dumping at sea, the MPRSA excludes any issues dealing with oil and gas from being covered by the Act as it will be covered by other legislation. The MPRSA implements the London Convention in the US and under the Convention it states that:
Article III 1(c), “Dumping does not include “The disposal of waste or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources will not be covered by the provisions of this Convention.”
Best wishes
Chris.
To view this discussion on the web visit https://groups.google.com/d/msgid/CarbonDioxideRemoval/CAAoq7hJGn7ciM4QDNsA5UTFP7%2BzRmo6p-Rx8nbp%3DbF2QZ%2BJ3Mg%40mail.gmail.com.
Brian Cady
>
> Brian,
>
>
>
> First, I note you have cc’d the Geoengineering Google Group despite Andrew Lockley’s email pointing out that doing so for emails not relevant to that group will lead to you being barred from that group – see his email dated 22nd March.
>
>
>
> EVERYONE SHOULD CHECK WHO ANY REPLY EMAILS ARE ADDRESSED TO BEFORE SENDING!!!
>
>
>
> Secondly, I suspect that, as with UK legislation for dumping at sea, the MPRSA excludes any issues dealing with oil and gas from being covered by the Act as it will be covered by other legislation. The MPRSA implements the London Convention in the US and under the Convention it states that:
>
>
>
> Article III 1(c), “Dumping does not include “The disposal of waste or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of sea-bed mineral resources will not be covered by the provisions of this Convention.”
>
>
>
> Best wishes
>
>
>
> Chris.
>
>
>
> From: carbondiox...@googlegroups.com <carbondiox...@googlegroups.com> On Behalf Of Brian Cady
> Sent: Thursday, March 28, 2024 8:51 AM
> To: Renaud de RICHTER <renaud.d...@gmail.com>
> Cc: Carbon Dioxide Removal <CarbonDiox...@googlegroups.com>; geoengineering <geoengi...@googlegroups.com>; healthy-planet-action-coalition <healthy-planet-...@googlegroups.com>
> Subject: Re: [CDR] Permitting for mCDR and mSRM | US EPA
>
>
>
> 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
>
> -
>
>
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> On Tue, Mar 26, 2024, 13:29 Renaud de RICHTER <renaud.d...@gmail.com> wrote:
>
> https://www.epa.gov/ocean-dumping/permitting-mcdr-and-msrm
>
> Permitting for mCDR and mSRM
>
> 20/11/2023
>
> ________________________________
>
>
Chris Vivian
Brian,
See my comments added in blue to your email below.
Chris.
From: carbondiox...@googlegroups.com <carbondiox...@googlegroups.com> On Behalf Of Brian Cady
Sent: Thursday, March 28, 2024 10:28 AM
To: Chris Vivian <chris....@btinternet.com>; geoengineering <geoengi...@googlegroups.com>
Cc: Renaud de RICHTER <renaud.d...@gmail.com>; Carbon Dioxide Removal <CarbonDiox...@googlegroups.com>; healthy-planet-action-coalition <healthy-planet-...@googlegroups.com>
Subject: Is it still geoengineering if one doesn't say so, and it's in the wrong direction?: [CDR] Permitting for mCDR and mSRM | US EPA
Hi Chris and all,
Thanks for your note, Chris,
As 'geoengineering' can be defined as intentionally changing our climate, and as fossil fuel extraction and sale, when such is known to change our climate, can thus be defined as geoengineering, and as fossil fuel extraction firms have long known that such changes our climate, i thence seems that such extraction within USA has violated the EPA's MPRSA since the MPRSA was established. – I don’t see that working as activities occurring outside the marine environment would not fall under the MPRSA but I am not familiar with the MPRSA in detail.
Further, Article III 1(c) as you cite, would not exempt fossil fuel extraction and sale from USA's land-based reserves, when, as is also known, the ultimate disposal site of a significant portion of this fossil fuel carbon is the sea. – Again I don’t see this working with the MPRSA. However, there have been a couple of suggestions for potential legal action under the UN Convention of the Law of the Sea – see these papers:
https://www.tandfonline.com/doi/abs/10.1080/00908320600800945 and
To view this discussion on the web visit https://groups.google.com/d/msgid/CarbonDioxideRemoval/CAAoq7hJnOJKM_mT6jrK11teAByCfYuDj7oRn37tmEeXHGe%3DtBA%40mail.gmail.com.