Wrecks and Derelict Vessels – CHALLENGES FOR GOVERNMENT AND INDUSTRY, and way forward

1. Heather Parker D13 DRAT - Seattle, WA Wrecks of the World II 07JUN11 Wrecks and Derelict Vessels – CHALLENGES FOR GOVERNMENT AND INDUSTRY, and way forward source: Kip Evans Photography

2. Presentation Topics • Systems Approach to Addressing Wrecks and Derelicts under FWPCA/OPA Framework • Defining the Problem – Complexity • What are Wrecks and Derelict Vessels? • Who’s in Charge? Who Pays? When Should/Must Action Be Taken? • Challenges: • Costs, Personnel Issues, Prioritization • Bounding the Problem: • Area Committees • Stakeholder Involvement and Expectations • Phased Approach – Through Area Committees • AWARENESS PHASE – Inventory your Area • RANKING PHASE – Prioritize (G-A-R) • ACTION PHASE • INITIAL ASSESSMENT – DECISION TRIGGERS • REMOVAL OPERATIONS – UNIFIED COMMAND • REVIEW AND REVISE • NRT GUIDANCE

3. Systems Approach to Addressing Wrecks and Derelicts under FWPCA/OPA Framework • This approach, under authorities of CWA, as amended by OPA90, are under the direction of the Federal On-Scene Coordinator (FOSC). CAVEAT: FOSC Involvement will end when threat of oil pollution ends. source: CA DFG source : www.ussmississinewa.com

4. Suggested Classification Scheme for Wrecked and Derelict Vessels: • WRECK (for this discussion) is a vessel: • SUNKEN • BEACHED • BURIED • DERELICT (for this discussion) is a vessel: • FLOATING • MOORED • ANCHORED • BEACHED • PARTIALLY SUNK • Usually more accessible Source: Greg Buie, NPFC

5. Suggested Classification Scheme forWrecked and Derelict Vessels Source: Greg Buie, NPFC

6. M/V KALAKALA

7. Kalakala Ferry possibly Sinking in Hylebos Waterway, WA 25 March 2011

8. LST -1166 RIVER QUEEN MANZANILLO JEAN LCI -713 ALERT SASANOA BRETT SCOTT BARGE DAVY CROCKETT EL CONQUISTADOR

9. Challenges to Removing Oil From Wrecks or Derelict Vessels • FOSC Decision and Authority to REMOVE OIL from Wrecks and Derelicts • Within the bounds of the NCP, however is somewhere between Prevention and Emergency Response • Must be polluting or pose a threat of pollution to use OSLTF/CERCLA • “SUBSTANTIAL THREAT OF DISCHARGE” • OSLTF funds used primarily for oil removal, NOT salvage. • Under FWPCA, as amended by OPA90, FOSC is authorized response and removal action authority • Salvage/removal only if best method to mitigate pollution threat.

10. WRECK OIL MITIGATION – A “PROPHYLACTIC” RESPONSE? source : www.ussmississinewa.com

11. Mitigation Options for Discharge or Substantial Threat of Discharge • In most cases, there are a limited number of options: • Defuel/ DeCargo the Wreck or Derelict • Seal/Encapsulate and Monitor • Vessel Destruction, Removal, Dumping • Some cases may involve a combination, but often the preferred option will be Defueling or Wreck Oil Removal. source : www.ussmississinewa.com

12. Supporting FOSCs’ Decision-Making • FOSCs will make ultimate decisions, but will want/need input from their Area Committees. • Through a TRANSPARENT, COMPREHENSIVE, DEFENSIBLE Process • Preferably Consensus-Based source : www.ussmississinewa.com

13. Challenges to Removing Oil From Wrecks or Derelict Vessels • COSTS - Oil Removal Ops from sunken or derelict vessels can cost MILLIONS of dollars • PERSONNEL BURDEN - Oil Removal Ops from sunken or derelict vessels can take MONTHS – heavy burden on Sector personnel and other agencies to sustain the response • PRIORITIZATION – How choose which one(s) to work on first? When is the right time to start threat assessment or removal ? What are the triggers?

14. GAP: ESTABLISHED NATIONAL GUIDANCE ON FUNDING RESPONSE PLANNING, AND CONTRACTING PROCESSES Adapted from: LTJG Chris Kimrey, IOSC 2011 Presentation

15. Setting Expectations and Bounding the Problem • Defueling a Wreck is a very technically focused operation • Differs significantly from a “classic” spill response to an accidental release • Where we keep responding to yesterday’s bad news • Oil Mitigation Operations on a wreck or derelict is a Prophylactic Response • Typically don’t have many “classic” spill response actions/operations • Shoreline Assessment and Cleanup, Oiled Wildlife Recovery, etc

16. Setting Expectations • Stakeholder involvement during a defueling or oil mitigation operation may look and feel different from a more “traditional” oil spill response • May not have as robust staffing throughout all the units

17. Phased Approach – Area Committees Supporting FOSCs • AWARENESS PHASE – Inventory your Area • RANKING PHASE – Prioritize (G-A-R) • ACTION PHASE • INITIAL ASSESSMENT – DECISION TRIGGERS • REMOVAL OPERATIONS – UNIFIED COMMAND • Adjust Operations as necessary, utilizing deliberate contingency planning • Public/Political Messaging – early, aggressive, often • REVIEW/REVISE PHASE – Comprehensive review of removal op, capture lessons learned, revise protocols/triggers/rankings/ACP as necessary

18. Phased Approach – Area Committees Supporting FOSCs • Incorporate into Annual Area Contingency Plan Updates

19. Awareness Phase – Inventory your Area • Area Committees need to work together to help determine a COMPREHENSIVE INVENTORY of the wrecks and derelict vessels in their Area. • This is required under OPA90 for Area Contingency Plans • Title IV, section 4202, amended subsection 311(j) of the Federal Water Pollution Control Act with respect to the National Planning and Response System. • Defines Area Committees and Area Contingency Plans, and requirements. • COMMANDANT INSTRUCTION 16471.3 (2000) • AREA CONTINGENCY PLAN ORGANIZATION, CONTENT, REVISION CYCLE, AND DISTRIBUTION • 94XX - Risk Assessment • 94XX - Planning Assumptions - Background Information • 94XX - Planning Scenarios

20. RANKING PHASE • Area Committees need to work together to help PRIORITIZE INVENTORY of the wrecks and derelict vessels in their Area. • Area Committees must also help determine a set of TRIGGERS FOR ACTION or KEY DRIVERS to aid the FOSC to make a decision to act on a wreck or derelict. • These prioritizations should take into account RESOURCES AT RISK, as well as the VESSEL CONDITION, among other factors.

21. ACTION PHASE Two primary phases: • INITIAL ASSESSMENT– DECISION TRIGGERS • We’ve been triggered to conduct a threat assessment (by drivers/recommendations from Area Committee) • FOSC likely establish limited Unified Command • Set Objectives, Priorities and Endpoints for the Assessment • Typically includes ROV and/or diver surveys, etc. • Might also include real time natural/cultural resource assessment • REMOVAL OPERATIONS – UNIFIED COMMAND • This is active removal and includes establishing a full UC, daily planning cycles, IAPs, etc. • FOSC/UC may want to consider several options for management of these longer-term removal cases: • SECTOR run/managed • Hiring private SMT and Salvors • NST/Strike Team managed • Combination ALSO Consider: • MONITOR ING PHASE

22. REVIEW AND REVISE PHASE • After the completion of an Oil Removal Operation, review our progress • Capture Lessons Learned and ensure we are improving our process • Do we need to adjust our Priority Rankings or Triggers for Action for other Area Wrecks/Derelicts? • Area Contingency Plans – • Include a section on Strategies for Wreck/Derelicts • Include FOSC Decision Memo examples: • Funding for Initial Threat Assessment • Reaching Endpoints for an Oil Removal Operation • Tie in to Annual Update Cycle BEST RESPONSE = Includes continual improvement

23. CHALLENGES TO PROACTIVE, AREA COMMITTEE APPROACH • Area Committees are “programmed” to respond to accidental releases of oil • Where we are responding to yesterday’s bad news. • Plan for Average Most Probable Discharges, Worst Case Discharges, etc. • Challenge will be to adopt this traditional Area Committee Response Planning Model to Pro-Active mode. • Bound the problem: must be very clear about goals/objectives for wreck oil removal • Endpoints and Objectives of an Operation should be clear and socialized • Stakeholder Engagement and Effective Public and Political Messaging is key. NATIONAL RESPONSE TEAM (NRT) GUIDANCE WILL BE KEY

24. Next Steps • Area Committees need to support FOSCs in making informed decisions. • Permitting, Consultations for Sect 7 and Sect 106, EPA- Ocean Dumping, etc • NRT should develop overall consistent National guidance to Area Committees to guide the development of: • Awareness • Ranking and Triggers for Action • Action • Review/Revise • Needs to be keyed to Area Contingency Plans • And Annual Update Cycles • Area Contingency Plans – need to capture these Wrecks and Derelicts as a specific class of issue and include strategies, systems approach, etc.

25. Take Home Points… • Wreck/Derelict Oil Removal, under the OPA90 Regime has specific limits and bounds • Once the threat of pollution is gone, FOSC authorities end • Wreck/Derelict Oil Mitigation is “Prophylactic” • Still under NCP and Emergency Response, but not a “classic” response to large oil discharge event • FOSCs need support from Area Committees • Develop TRANSPARENT, COMPREHENSIVE approach to address these sources of potential pollution • This will provide a defensible, repeatable process that will continue on through the 2-3 year change over of Active Duty CG personnel, and help maintain consistency. • Oil Removal Ops – Heavy Personnel Burdens • Can Sectors, Agencies sustain multi-month responses? • NRT – Needs to develop National Guidelines

26. Questions?