Vessel Destruction/TUTAHACA National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Vessel Destruction/TUTAHACA An NPFC Perspective Purpose; briefly discuss the destruction process and NPFC role NPFC does not approve or manage the request. Only endorses based on determining it is an appropriate use of the fund. In-Situ removal is the preferred response strategy when dealing with these vessels Heavy burden for OSC OSLTF does not typically fund salvage activities and will not fund destruction of the vessel based on it being an eyesore or community nuisance. TUTAHACA quickly became candidate for destruction, but only after the OSC had attempted to clean the vessel in place. Typically average 1 per year William Adkins NPFC Case Manager Team II South East Region 202/795-6079 . 1 Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

Funding For Vessel Destruction National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Funding For Vessel Destruction Federal Water Pollution Control Act (FWPCA) Amended by the Clean Water Act (CWA) Authority to “remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available” Actual or threatened discharge of oil Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Similar to CWA – applies to hazardous substances Authority to act to mitigate threats and “protect the public health or welfare or the environment” Focus on FWPCA but process would be the same for CERCLA President is Auth under FWPCA 33 USC 1321(c)(1)(B)(iii) Auth has been delegated to COMDT through Executive Orders 33 CFR 1.01-80(e) FWPCA & OPA 90 Delegations affirms the Commandants Authority Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

Criteria for Destruction National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Criteria for Destruction Continued threat to the environment Evidence of continued illegal dumping Preferred strategy is in-situ removal of the threat. Destruction process is managed by Office of Marine and Environmental Response (CG-MER) These criteria were all present with the TUTAHACA. OSC clearly articulated these issues in destruction request Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Coordination Owners/Responsible Parties Flag States State Historical Preservation Office NPFC Shore Infrastructure Logistics Center (SILC) EPA NOAA State DEP Not all inclusive TUTAHCA The Rp was engaged early in response, issued NOFA, NOFI, due to potential for claims issued formal Notice of Designation Vessel over 50 years of age has to be evaluated as a potential Historical Property, Written approval from the State Historical Preservation Office Early involvement of NPFC All these issues were addressed by Sector Jacksonville and included in request. Foreign Vessels require Statement of No Objection from flag state Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

Routing of Destruction Request Memo National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Routing of Destruction Request Memo OSC Chain of Command District Command Area Command (LANT/PAC) CG HQ Concurrent Clearance Office of Maritime and International Law (CG-LMI) Commercial Vessel Compliance (CG-CVC) Waterways and Ocean Policy (CG-WWM) National Pollution Funds Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

Routing of Destruction Request Memo National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Routing of Destruction Request Memo CG HQ Sequential Clearance Director, Incident Management & Preparedness Policy (CG-5RI) Assistant Commandant for Response Policy (CG-5R) Deputy Commandant for Operations (CG-DCO) Vice Commandant (CG-09) Commandant Timeline for Approval 2-8 Weeks TUTAHACA approval in approximately 5 weeks (expedited) Focus on FWPCA but process would be the same for CERCLA Auth under FWPCA 33 USC 1321(c)(1)(B)(iii) Auth has been delegated to COMDT through Executive Orders 33 CFR 1.01-80(e) affirms the Commandants Authority Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

Destruction Memorandum National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 Destruction Memorandum Memo must articulate the factual basis behind the request and document the following elements: Purpose of the memo (requested action/summary) Vessel condition/background Endangerment Statement Alternative actions Disposal Strategies Impact of denial of request Purpose: destruction/brief summary Condition and background: description(official #, owner flag state,other vessel particulars), Vessel condition (hull, machinery, cargo, documents,etc), Physical location (body of water, nearby sensitive area, historical/archeologial sites, oil/hazmVessel threats, clean-up actions,Vessel history (illegal dumping/spills, Photos/charts graphics. Alternative actions: Pros/cons of each action, effect of not destroying the vessel, Disposal strategies (dumping at sea scrapping in place, moving vsl to disposal facility Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 TUTAHACA Challenges Contracting Logistics Timing Weather Media/community interest Sector J’ville has already described their many challenges. Since of urgency posed by the threat and upcoming hurricane season we had to be careful not to obligate money for activities that hadnt been approve. Delays in the approval could have significantly impacted removal of the vessel due due to the availability of equipment Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

NPFC Role in Destruction Process National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 NPFC Role in Destruction Process NPFC does not approve destruction request Endorse request based on an appropriate use of the OSLTF determination. OSLTF does not fund salvage or removal of vessels for reasons other than removing the threat of pollution. Decision to pursue destruction is responsibility of FOSC NPFC endorsement is based on an actual or substantial threat of discharge Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

National Pollution Funds Center and the Oil Spill Liability Trust Fund November 24, 2008 National Pollution Funds Center U. S. Coast Guard Stop 7605 2703 Martin Luther King Jr. Ave S.E. Washington DC 20593-7605 Phone: (202) 795-6069 http//www.uscg.mil/npfc This concludes the formal presentation. Are there any questions? Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia