Potentially Polluting Wrecks Significant Federal Laws

United StatesCoast Guard

Potentially Polluting WrecksSignificant Federal Laws

CDR Ed BockUSCG Office of Incident

Management & Preparedness

M/V SEAWITCH, Baltimore Harbor


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)


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


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


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.


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


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


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


Questions?

CDR Ed BockCoast Guard Oil and Hazardous Substances Response Policy

[email protected]


CERCLA Funding

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OSFTF Funding

Documents

Potentially Polluting Wrecks Significant Federal Laws