NRDA Workgroup

Salvage & Marine FirefightingDiscussion

Jon Bernhardt, Fifth District (Dxc)Adapted from CG-533

As presented at the Oct 09 ASA Conference

Importance of the MTS & statistical realities Coast Guard environmental program Basic authorities and responsibilities Consideration/discussion & rumination

• Navigable Waterways

• Ports

• Intermodal Connections

• Vessels

• Users• Direct (Operators,

Owners)• Indirect (Consumers)

Increased use of the US Marine Transportation System (MTS)

Cargo imports up (despite recent economic downturn)—Here are some MTS stats:

Carries 43.5 % by value and 77.6% by weight of all U.S. international trade

By 2020 – value of freight carried by water will increase 43% domestically & 67% internationally.

2006 – 27 million 20 TEUs of containerized cargo load/unloaded at U.S. ports.

Program Objective: Minimize Environmental Harm Preventing spills when possible & planning for

spills prior to their occurrence Primary program focus is on oil that is in the

transportation system Mitigating effects of spills that do occur by

ensuring responsible parties Cleanup pollution discharges Reducing potential for spills outside U.S. waters

from entering U.S. waters or fouling U.S. coastlines

Where possible – It’s a team effort

Basic Statutory Authorities:

Federal Water Pollution Control Act (FWPCA) of 1972, as amended by The Clean Water Act of 1977 & The Oil Pollution Act of 1990

Preparation of plans by those required to respond & ensuring their

alignment w/NCP The prevention & elimination of marine pollution by oil,

hazardoussubstances, & pollutants

Notification or early detection of discharges of oil or hazardous substances Enforcement in cases of violation Response & clean up activities should an actual response occur

We will facilitate coordination of planning issues between trustees and the response community in order to raise the visibility of NRDA and to facilitate efficient NRDA relations.

Continue to provide NRDA training and presentations on NRDA case histories, and education opportunities to the RRT, industry, and other regional and local agencies to enhance familiarity with NRDA practices.

Refine existing SCAT training modules, and develop NRDA SCAT training opportunities to assist natural resource agencies/trustees.

Continue to coordinate incident-specific NRDA emergency restoration activities with wildlife rehabilitation workgroups, trustees, and response agencies.

Provide a Shoreline Cleanup Assessment Team (SCAT) methodology training seminar opportunity as needed and requested by the RRT III response community.

40 CFR 300.135 -- Response operations (c) The OSC/RPM shall…collect pertinent facts about the…

potential impact on natural resources and property which may be affected; priorities for protecting human health and welfare and the environment.

(j)(1) The OSC/RPM shall ensure that the trustees for natural resources are promptly notified of discharges or releases.

40 CFR 300.615, Responsibilities of Trustees 3)(i) The trustees…shall provide timely advice on

recommended actions concerning trustee resources that are potentially affected by a discharge of oil. This may include providing assistance to the OSC in identifying/recommending pre- approved response techniques and in predesignating shoreline types and areas in ACPs.

(ii) The trustees shall assure, through the lead administrative trustee, that the OSC is informed of their activities regarding natural resource damage assessment that may affect response operations in order to assure coordination and minimize any interference with such operations. The trustees shall assure, through the lead administrative trustee, that all data from the natural resource damage assessment activities that may support more effective operational decisions are provided in a timely manner to the OSC.

(iii) When circumstances permit, the OSC shall share the use of federal response resources(including but not limited to aircraft, vessels, and booms to contain and remove discharged oil) with the trustees, providing trustee activities do not interfere with response actions. The lead administrative trustee facilitates effective and efficient communication between the OSC and the other trustees during response operations and is responsible for applying to the OSC for non-monetary federal response resources on behalf of all trustees. The lead administrative trustee is also responsible for applying to the NPFC for funding for initiation of damage assessment for injuries to natural resources.

Economic Activities Environmental/Human Use

MTS Recovery & Resumption of Trade

Business Resiliency & Continuity

Risking product removal over vessel salvage (loss of vessel)

Places of Refuge (POR)

International incidents of criminalization of spills, salvage, MFF

Barring of vessel entry (e.g. PRESTIGE) & legal conflicts (Master-VO-Class-PI)

Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil; Final Rule