1. 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/ 1
Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

2. 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 (e) FWPCA & OPA 90 Delegations affirms the Commandants Authority
Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

3. 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

4. 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

5. 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

6. 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 (e) affirms the Commandants Authority
Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia

7. 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

8. 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

9. 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

10. 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
Phone: (202)
http//
This concludes the formal presentation. Are there any questions?
Greg Buie - Briefing for Comander, Deployable Operations Group, Arlington, Virginia