Potentially Polluting Wrecks Significant Federal Laws

1. Potentially Polluting WrecksSignificant Federal Laws M/V SEAWITCH, Baltimore Harbor CDR Ed Bock USCG Office of Incident Management & Preparedness

2. 33 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) Laws & Regulations

3. 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

4. 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

5. 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. Ownership/Abandonment

6. 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 Pollution casualties under the IHSA

7. 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

8. In Summary Different Laws & Circumstances • Pollution or threat: FWPCA& CERCLA • Barge: Abandoned Barge Act • Hazard to Navigation: Harbors & Safety Act • Vessel Control: PWSA • Disposal: Ocean Dumping Act Former Liberty Ship Davey Crockett, Columbia River, WA

9. Questions?CDR Ed BockCoast Guard Oil and Hazardous Substances Response Policy202-372-2234edward.l.bock@uscg.mil

10. CERCLA Funding

11. OSFTF Funding