Heather ParkerD13 DRAT - Seattle, WAWrecks of the World II07JUN11

source: Kip Evans Photography

Systems Approach to Addressing Wrecks and Derelicts under FWPCA/OPA Framework

Defining the Problem – Complexity What are Wrecks and Derelict Vessels? Who’s in Charge? Who Pays? When Should/Must Action Be Taken?

Challenges: Costs, Personnel Issues, Prioritization

Bounding the Problem: Area Committees Stakeholder Involvement and Expectations

Phased Approach – Through Area Committees1. AWARENESS PHASE – Inventory your Area2. RANKING PHASE – Prioritize (G-A-R)3. ACTION PHASE

INITIAL ASSESSMENT – DECISION TRIGGERS REMOVAL OPERATIONS – UNIFIED COMMAND

4. REVIEW AND REVISE

NRT GUIDANCE2

This approach, under authorities of CWA, as amended by OPA90, are under the direction of the Federal On-Scene Coordinator (FOSC).

CAVEAT: FOSC Involvement will end when threat of oil pollution ends.

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source: CA DFG

source : www.ussmississinewa.com

WRECK (for this discussion) is a vessel: SUNKEN BEACHED BURIED

DERELICT (for this discussion) is a vessel: FLOATING MOORED ANCHORED BEACHED PARTIALLY SUNK Usually more accessible

4Source: Greg Buie, NPFC

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Vessel Type Wreck (sunken, beached, buried) Derelict (floating, moored, anchored, beached, partially sunk

Threat Actively leaking oil

Substantial Threat of a Discharge of oil

Concern for eventual discharge

No concern (e.g. no oil on-board)

Location Offshore Nearshore Inshore River/Lake/Upland

Depth Deep Shallow Afloat Intertidal

Vessel Size Large (greater than 200’ LOA) Small (less than 200’ LOA)

Source: Greg Buie, NPFC

M/V M/V KALAKALAKALAKALA

ALERT

LST -1166

LCI -713

RIVER QUEEN

EL CONQUISTADOR

JEAN

SASANOA

DAVY CROCKETT

MANZANILLO

BRETT SCOTT BARGE

FOSC Decision and Authority to REMOVE OIL from Wrecks and Derelicts Within the bounds of the NCP, however is somewhere

between Prevention and Emergency Response

Must be polluting or pose a threat of pollution to use OSLTF/CERCLA “SUBSTANTIAL THREAT OF DISCHARGE”

OSLTF funds used primarily for oil removal, NOT salvage. Under FWPCA, as amended by OPA90, FOSC is authorized

response and removal action authority Salvage/removal only if best method to mitigate pollution

threat.

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10source : www.ussmississinewa.com

In most cases, there are a limited number of options:1. Defuel/ DeCargo the

Wreck or Derelict2. Seal/Encapsulate and

Monitor3. Vessel Destruction,

Removal, Dumping Some cases may

involve a combination, but often the preferred option will be Defueling or Wreck Oil Removal.

11source : www.ussmississinewa.com

FOSCs will make ultimate decisions, but will want/need input from their Area Committees.

Through a TRANSPARENT, COMPREHENSIVE, DEFENSIBLE Process Preferably Consensus-

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source : www.ussmississinewa.com

COSTS - Oil Removal Ops from sunken or derelict vessels can cost MILLIONS of dollars

PERSONNEL BURDEN - Oil Removal Ops from sunken or derelict vessels can take MONTHS – heavy burden on Sector personnel and other agencies to sustain the response

PRIORITIZATION – How choose which one(s) to work on first? When is the right time to start threat assessment or removal ? What are the triggers?

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GAP: ESTABLISHED NATIONAL GUIDANCE ON FUNDING RESPONSE PLANNING, AND CONTRACTING PROCESSES

Adapted from: LTJG Chris Kimrey, IOSC 2011 Presentation

Defueling a Wreck is a very technically focused operation

Differs significantly from a “classic” spill response to an accidental release Where we keep responding to yesterday’s bad

news Oil Mitigation Operations on a wreck or

derelict is a Prophylactic Response Typically don’t have many “classic” spill

response actions/operations Shoreline Assessment and Cleanup, Oiled Wildlife

Recovery, etc15

Stakeholder involvement during a defueling or oil mitigation operation may look and feel different from a more “traditional” oil spill response May not have as robust staffing throughout

all the units

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1. AWARENESS PHASE – Inventory your Area2. RANKING PHASE – Prioritize (G-A-R)3. ACTION PHASE

INITIAL ASSESSMENT – DECISION TRIGGERS REMOVAL OPERATIONS – UNIFIED COMMAND

Adjust Operations as necessary, utilizing deliberate contingency planning

Public/Political Messaging – early, aggressive, often

4. REVIEW/REVISE PHASE – Comprehensive review of removal op, capture lessons learned, revise protocols/triggers/rankings/ACP as necessary

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18 Incorporate into Annual Area Contingency Plan Updates

Area Committees need to work together to help determine a COMPREHENSIVE INVENTORY of the wrecks and derelict vessels in their Area.

This is required under OPA90 for Area Contingency Plans Title IV, section 4202, amended subsection 311(j) of the

Federal Water Pollution Control Act with respect to the National Planning and Response System.

Defines Area Committees and Area Contingency Plans, and requirements.

COMMANDANT INSTRUCTION 16471.3 (2000) AREA CONTINGENCY PLAN ORGANIZATION, CONTENT,

REVISION CYCLE, AND DISTRIBUTION 94XX - Risk Assessment 94XX - Planning Assumptions - Background Information 94XX - Planning Scenarios 19

Area Committees need to work together to help PRIORITIZE INVENTORY of the wrecks and derelict vessels in their Area.

Area Committees must also help determine a set of TRIGGERS FOR ACTION or KEY DRIVERS to aid the FOSC to make a decision to act on a wreck or derelict.

These prioritizations should take into account RESOURCES AT RISK, as well as the VESSEL CONDITION, among other factors.

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Two primary phases:1. INITIAL ASSESSMENT – DECISION TRIGGERS

We’ve been triggered to conduct a threat assessment (by drivers/recommendations from Area Committee)

FOSC likely establish limited Unified Command Set Objectives, Priorities and Endpoints for the Assessment

Typically includes ROV and/or diver surveys, etc. Might also include real time natural/cultural resource

assessment

2. REMOVAL OPERATIONS – UNIFIED COMMAND1. This is active removal and includes establishing a full UC,

daily planning cycles, IAPs, etc.2. FOSC/UC may want to consider several options for

management of these longer-term removal cases: SECTOR run/managed Hiring private SMT and Salvors NST/Strike Team managed Combination

ALSO Consider:3. MONITOR ING PHASE

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After the completion of an Oil Removal Operation, review our progress

Capture Lessons Learned and ensure we are improving our process

Do we need to adjust our Priority Rankings or Triggers for Action for other Area Wrecks/Derelicts?

Area Contingency Plans – Include a section on Strategies for

Wreck/Derelicts Include FOSC Decision Memo examples:

Funding for Initial Threat Assessment Reaching Endpoints for an Oil Removal Operation Tie in to Annual Update Cycle

22BEST RESPONSE = Includes continual improvement

Area Committees are “programmed” to respond to accidental releases of oil Where we are responding to yesterday’s bad news. Plan for Average Most Probable Discharges, Worst Case

Discharges, etc. Challenge will be to adopt this traditional Area

Committee Response Planning Model to Pro-Active mode.

Bound the problem: must be very clear about goals/objectives for wreck oil removal Endpoints and Objectives of an Operation should be clear

and socialized Stakeholder Engagement and Effective Public and

Political Messaging is key.

23NATIONAL RESPONSE TEAM (NRT) GUIDANCE WILL BE KEY

Area Committees need to support FOSCs in making informed decisions. Permitting, Consultations for Sect 7 and Sect 106, EPA-

Ocean Dumping, etc NRT should develop overall consistent National

guidance to Area Committees to guide the development of: Awareness Ranking and Triggers for Action Action Review/Revise

Needs to be keyed to Area Contingency Plans And Annual Update Cycles Area Contingency Plans – need to capture these Wrecks

and Derelicts as a specific class of issue and include strategies, systems approach, etc.

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Wreck/Derelict Oil Removal, under the OPA90 Regime has specific limits and bounds Once the threat of pollution is gone, FOSC authorities

end Wreck/Derelict Oil Mitigation is “Prophylactic”

Still under NCP and Emergency Response, but not a “classic” response to large oil discharge event

FOSCs need support from Area Committees Develop TRANSPARENT, COMPREHENSIVE approach to

address these sources of potential pollution This will provide a defensible, repeatable process that will

continue on through the 2-3 year change over of Active Duty CG personnel, and help maintain consistency.

Oil Removal Ops – Heavy Personnel Burdens Can Sectors, Agencies sustain multi-month responses?

NRT – Needs to develop National Guidelines

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