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Potentially Polluting Wrecks
Significant Federal Laws
M/V SEAWITCH, Baltimore Harbor
CDR Ed Bock
USCG Office of Incident
Management & Preparedness
United States
Coast Guard
Laws & Regulations
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)
United States
Coast 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 States
Coast 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 States
Coast 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 States
Coast 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 States
Coast 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 States
Coast Guard
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
United States
Coast Guard
Questions?
CDR Ed Bock
Coast Guard Oil and Hazardous Substances Response Policy
202-372-2234
[email protected]
United States
Coast Guard
CERCLA Funding
United States
Coast Guard
OSFTF Funding
United States
Coast Guard