VESSEL DISPOSAL AT SEA (as of 2011)
Packet includes CFR/Sample permit information & sample EPA letter describing permit
EPA regulates under section 102(a) of the Marine Protection, Research, and Sanctuaries Act (MPRSA)(Ocean Dumping Act), and under 40 Code of Federal Regulations Part 229.3 (40 CFR § 229.3).
- All requirements must be met except in emergency situations as determined by the U.S. Army Corps of Engineers and/or the U.S. Coast Guard (USCG).
REQUIREMENTS FOR A DETERMINATION (in writing to EPA):
- Why need to dispose the vessel at sea.
- A description of the vessel (age, cargo, dimensions, construction materials, identification numbers, name, etc.)
- What procedures will be used to dispose the vessel and possible locations.
- What effect will disposal have on the marine environment.
- Discussion of alternatives researched (scrap, salvage, and reclamation).
REQUIREMENTS BEFORE DISPOSAL:
- Remove all material which may degrade the marine environment - empty fuel lines, fuel tanks, and detachable material contributing to marine debris and chemical pollution. (a report from USCG)
- 10 days prior to disposal notify EPA & USCG, USCG will inspect the vessel for pollution & safety. (a report from USCG)
- The Captain of the Port, USCG & EPA are notified 48 hours before disposal.
- The Captain of the Port and EPA will be called 12 hours before departure with all details of disposal (departure time, towing vessel & contact information)
COORDINATION/CONSULTATION:
- USCG - Inspects the vessel for pollution and safety 10 days before disposal.
- National Marine Fisheries Service (NMFS) - Assist with location, and what Endangered Species and Essential Fish Habitant might be in the area. They review the draft permit.
- New England Fisheries Management Council (NEFMC) - Consult to ensure disposal does not interfere with commercial fishing activities.
REQIREMENTS DURING DISPOSAL (permit limits)
- Disposal 12 miles (22 Kilometers) from the nearest land.
- Disposal in 300 feet (50 fathoms)
- Measures taken so vessel with sink intact & quickly.
- Disposal will not take place in shipping lanes, marine sanctuary, or in a location that may present a hazard to commercial trawling or national defense.
- Disposal in daylight
AFTER DISPOSAL:
- NOAA is notified in writing within one week of disposal with exact coordinates.
EPA Contact (2011)
Ann Rodney, US EPA
5 Post Office Square - Suite 100
Mail Code - OEP-06-1
Boston, MA 02109-3912
(617) 918-1538
[Code of Federal Regulations]
[Title 40, Volume 17, Parts 199 to 259]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR229.3]
[Page 243-244]
TITLE 40--PROTECTION OF ENVIRONMENT
AGENCY (CONTINUED)
PART 229--GENERAL PERMITS--Table of Contents
Sec. 229.3 Transportation and disposal of vessels.
(a) All persons subject to title I of the Act are hereby granted a
general permit to transport vessels from the United States, and all
departments, agencies, or instrumentalities of the United States are
hereby granted a general permit to transport vessels from any location
for the purpose of disposal in the ocean subject to the following
conditions:
(1) Except in emergency situations, as determined by the U.S. Army
Corps of Engineers and/or the U.S. Coast Guard, the person desiring to
dispose of a vessel under this general permit shall, no later than 1
month prior to the proposed disposal date, provide the following
information in writing to the EPA Regional Administrator for the Region
in which the proposed disposal will take place:
(i) A statement detailing the need for the disposal of the vessel;
(ii) Type and description of vessel to be disposed of and type of
cargo normally carried;
(iii) Detailed description of the proposed disposal procedures;
(iv) Information on the potential effect of the vessel disposal on
the marine environment; and
(v) Documentation of an adequate evaluation of alternatives to ocean
disposal (i.e., scrap, salvage, and reclamation).
(2) Transportation for the purpose of ocean disposal may be
accomplished under the supervision of the District Commander of the U.S.
Coast Guard or his designee.
(3) Except in emergency situations, as determined by the U.S. Army
Corps of Engineers and/or the District Commander of the U.S. Coast
Guard, appropriate measures shall be taken, prior to disposal, by
qualified personnel to remove to the maximum extent practicable all
materials which may degrade the marine environment, including without
limitation (i) emptying of all fuel lines and fuel tanks to the lowest
point practicable, flushing of such lines and tanks with water, and
again emptying such lines and tanks to the lowest point practicable so
that such lines and tanks are essentially free of petroleum, and (ii)
removing from the hulls other pollutants and all readily detachable
material capable of creating debris or contributing to chemical
pollution.
(4) Except in emergency situations, as determined by the U.S. Army
Corps of Engineers and/or the U.S. Coast Guard, the dumper shall, no
later than 10 days prior to the proposed disposal date, notify the EPA
Regional Administrator and the District Commander of the U.S. Coast
Guard that the vessel has been cleaned and is available for inspection;
the vessel may be transported for dumping only after EPA and the Coast
Guard agree that the requirements of paragraph (a)(3) of this section
have been met.
(5) Disposal of these vessels shall take place in a site designated
on current nautical charts for the disposal of wrecks or no closer than
22 kilometers (12 miles) from the nearest land and in water no less than
50 fathoms (300 feet) deep, and all necessary measures shall be taken to
insure that the vessels sink to the bottom rapidly and that marine
navigation is not otherwise impaired.
(6) Disposal shall not take place in established shipping lanes
unless at a designated wreck site, nor in a designated marine sanctuary,
nor in a location where the hulk may present a hazard to commercial
trawling or national defense (see 33 CFR part 205).
(7) Except in emergency situations, as determined by the U.S. Army
Corps of Engineers and/or the U.S. Coast Guard, disposal of these
vessels shall be performed during daylight hours only.
[[Page 244]]
(8) Except in emergency situations, as determined by the U.S. Army
Corps of Engineers and/or the District Commander of the U.S. Coast
Guard, the Captain-of-the-Port (COTP), U.S. Coast Guard, and the EPA
Regional Administrator shall be notified forty-eight (48) hours in
advance of the proposed disposal. In addition, the COTP and the EPA
Regional Administrator shall be notified by telephone at least twelve
(12) hours in advance of the vessel's departure from port with such
details as the proposed departure time and place, disposal site
location, estimated time of arrival on site, and the name and
communication capability of the towing vessel. Schedule changes are to
be reported to the COTP as rapidly as possible.
(9) The National Ocean Survey, NOAA, 6010 Executive Blvd.,
Rockville, MD 20852, shall be notified in writing, within 1 week, of the
exact coordinates of the disposal site so that it may be marked on
appropriate charts.
SAMPLE PERMIT INFORMATION (1 OF2)
General Permit for Disposal of Vessel at Sea (40 CFR §229.3)
The vessel named XXX, hull number XXX, is currently located at the XXX Marine, Inc. in XXX, Maine. The vessel is an Eastern Rigged Trawler 55.5’ in length, 16.4’ in width and 7.7’ in depth. The trawler was built in 1955 and the hull is wood. It has been used strictly as fishing vessel and all compartments are clean (will be confirmed upon inspection.) The vessel is in advanced stages of deterioration and requires constant attention to keep it afloat.
The following are requirements for the XXX vessel to be disposed of at sea. These are requirements under the law with mitigation measures to be followed before, during and after the disposal of this vessel. Disposal at sea for this vessel shall take place within 30 days from receipt of this permit. The applicant shall
Prior to disposal at sea:
•Remove all material that will degrade or harm the marine environment (floatables, and detachable plastic).
•No later than 10 days prior to disposal, an inspection of the vessel will be done by the US Coast Guard (USCG). This inspection is to ensure that the vessel is seaworthy, and that it contains no liquid or solid wastes. A report of findings shall be sent to the US EPA before disposal occurs.
•EPA, USCG and the Captain Of Port (COTP) shall be notified forty-eight (48) hours in advance of the disposal.
•EPA and COTP shall be notified 12 hours in advance of the vessel departure from port.
The information to be reported by the applicant is place of departure, time of departure, estimated time of arrival on site, the name of the vessel towing and how to communicate with that vessel. Any changes due to weather conditions or other extenuating circumstances shall be reported to the COTP and EPA as rapidly as possible.
During disposal at sea:
•During transit, the towing vessel operator and crew shall maintain a sharp lookout for marine mammals, and record any sightings of marine mammals including type and location of sightings. Take necessary actions to avoid collisions, within safe navigation rules.
•Lookouts shall confirm that no marine mammals or sea turtles are present in the disposal area prior to the commencement of the scuttling.
•If any marine mammals or turtles are present at the disposal site, the applicant shall stand by and maintain visual contact until the animal(s) is at least half mile away from the site, and moving away for the disposal area.
•Scuttling of the vessel shall occur during daylight hours.
•Weather conditions should be chosen to ensure the safety of the crew during transit and scuttling.
•Disposal shall occur at the designated locations of XX XX.XX’ - XX XX.XX' as depicted on NOAA Chart XXXXX.
SAMPLE PERMIT INFORMATION (2 OF 2)
After disposal at sea:
•Communicate to the fishing community of the exact coordinates of the disposal, to safe guard this possible hazard to mobile fishing gear. This may be coordinated with the USCG to ensure that the Notice of Mariner broadcasts are made regarding the location of the disposal.
•Within one (1) week after disposal of the vessel, the National Ocean Survey, NOAA, shall be notified in writing the exact coordinates of the disposal site (address below). This notification shall also be sent to EPA and the USCG.
Nautical Data Unit N/CS26, Station 7349
The National Ocean Service, NOAA
1315 East-West Highway
Silver Spring, Maryland 20910-3282
US EPA New England Region
1 Congress Street
SAMPLE LETTER FROM EPA REGARDING DISPOSAL OF VESSEL PERMIT
September 22, 2005
NAME
ADDRESS
Dear XXX:
This letter is in response to your request to dispose of a vessel at sea, specifically the fishing trawler the XXX. The disposal of vessels at sea is regulated by the Environmental Protection Agency (EPA) under section 102(a) of the Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act), and regulations promulgated at 40 CFR §229.3. This letter and attachments serve as the general permit under these regulations. Attached are the conditions and mitigation measures to be followed before, during, and after the vessel is disposed of at sea.
The applicant has informed EPA through telephone conversations, and written communications that land-based options for the disposal have been fully investigated, including dismantling for upland disposal or salvage, and they are not feasible.
The site chosen for disposal meets the requirements under 40 CFR §229.3. The minimum depth required for disposal at sea is 50 fathoms (300 feet), and the minimum distance from the nearest land is 22 kilometers (12 miles). Considering these requirements, the site location is XX XX.XX’ - XX XX.XX' as depicted on NOAA Chart XXXXX.
Please contact Ann Rodney of my staff at (617) 918-1538 should you have any questions.
Sincerely,
Melville P. Cote, Jr., Chief
Oceans and Coastal Protection Unit (COP)
enclosure
cc:USCG - Portland, ME
Harbormaster, Freeport, ME
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