Post on 16-Dec-2015
transcript
United StatesCoast Guard
Potentially Polluting WrecksSignificant Federal Laws
CDR Ed BockUSCG Office of Incident
Management & Preparedness
M/V SEAWITCH, Baltimore Harbor
United StatesCoast Guard
Laws & Regulations33 USC 1321: Federal Water Pollution Control Act (FWPCA) as amended
33 USC 1471: Intervention on the High Seas Act (IHSA)
33 USC 1401: Ocean Dumping Act
33 USC 414: Harbors and Rivers Act
33 USC 1221: Ports and Waterways Safety Act
42 USC 9601: Comprehensive, Environmental Response, Compensation, and Liability Act (CERCLA)
46 USC 4701: Abandoned Barge Act
33 CFR 1.01-80: FWPCA and OPA 90 delegations
33 CFR 245: Removal of Wrecks and other Obstructions
40 CFR 300: National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
United StatesCoast Guard
Pollution Threat: CWA & CERCLA
CWA/CERCLA: provide authority to mitigate actual or substantial threat of discharge posing substantial threat to public health or welfare.
Removal funded via OSLTF for oil or CERCLA for hazardous substance
Approval only by the Commandant LST – 1166, Columbia River
Washtenaw County, Oregon
United StatesCoast Guard
Hazard to Navigation Harbors & Rivers Act: Hazards
to navigation can be removed or destroyed by U.S. Army Corps of Engineers.
Must be abandoned per 33 CFR 245.45
If determined to be hazard to navigation, does not need Commandant approval
USACE/USCG MOA: COTP works with ACOE District Engineer
Abandoned Longliners, Pago Pago American Samoa
United StatesCoast Guard
Ownership/Abandonment FOSC does not have authority to destroy or remove
vessels, that authority is with the Commandant.
Ownership or abandonment of vessel must be confirmed for COMDT approval of vessel removal destruction under FWPCA or CERCLA as actual or substantial threat an only if practical. USCG abandoned vessel policy: “any craft…moored, stranded,
wrecked, sunk, or left unattended for longer than 45 days.”
USACOE abandonment is presumed after 30 days of public notice, or owner declaration, or failure to commence immediate removal.
United StatesCoast Guard
Pollution casualties under the IHSA
IHSA: Provides authority for removal/destruction action or intervention action to remove pollution or threat of pollution to US coastline and US interests.
Authority only under the Commandant.
Intervention: “Any detrimental action taken against the interest of a vessel or its cargo without the consent of the vessel’s owner or operator.” 33 USC 1471; IHSA
IHSA Removal or Destruction Criteria
Material damage or threat to vessel or cargo
Result of incident, collision, stranding, etc.
Presents grave and imminent damage to U.S. coastline or related interests
United StatesCoast Guard
Final Disposition Scrapping or disposal
Ocean dumping Permit issued under 40 CFR 220
Permits requested and approved by EPA
Relevant permits:
General
Emergency
Reef Program
General permit requires cleaning “to the maximum extent possible.”
M/V CASITAS aground Pearl & Hermes Atoll, NWHI
United StatesCoast Guard
In SummaryDifferent Laws & Circumstances
Pollution or threat: FWPCA & CERCLA
Barge: Abandoned Barge Act
Hazard to Navigation: Harbors & Safety Act
Vessel Control: PWSA
Disposal: Ocean Dumping ActFormer Liberty Ship Davey Crockett,
Columbia River, WA
United StatesCoast Guard
Questions?
CDR Ed BockCoast Guard Oil and Hazardous Substances Response Policy
202-372-2234edward.l.bock@uscg.mil