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NRC: ALLOW STRANDED TANKERS TO JETTISON

May 30, 1994

A National Research Council study recommends that the U.S. Coast Guard allow jettisoning of oil from stranded tankers when an accident threatens the release of an entire cargo. NRC noted jettisoning has been rare in U.S. waters in recent years, partly because the 1990 Oil Pollution Act set a new strict liability standard for damage from oil spills. "Jettisoning of petroleum cargo can be a valuable salvage tool and should be considered as an option, to be undertaken only when failure to take

A National Research Council study recommends that the U.S. Coast Guard allow jettisoning of oil from stranded tankers when an accident threatens the release of an entire cargo.

NRC noted jettisoning has been rare in U.S. waters in recent years, partly because the 1990 Oil Pollution Act set a new strict liability standard for damage from oil spills.

"Jettisoning of petroleum cargo can be a valuable salvage tool and should be considered as an option, to be undertaken only when failure to take such action might-and probably would-result in loss of the stranded vessel," NRC said.

But it said some issues should be resolved before such a situation arises, and the law should be changed to give the federal on-scene commander authority to authorize a jettison. It said such an action would not change the owners' liability for damages and removal costs resulting from the spill.

SALVAGE PRACTICES

"A related issue concerns common salvage practices that also could be considered forms of jettisoning, in that some oil may be discharged," NRC said. "These actions include pumping out a flooded engine room, pressing down of dirty ballast tanks, expelling water from a flooded cargo or fuel tank, using compressed air to press out damaged tanks, displacing oily water with buoyant materials, and operating on-water skimmers."

NRC said a salvor also should be afforded protection for using those tools under certain limited conditions.

"The present lack of official, objective criteria for reaching a decision to jettison oil may undermine decision making during salvage situations. Decision making needs to be logical, timely, reliable, and defensible."

NRC urged the Coast Guard to develop a checklist containing specific conditions that must be met as prerequisites for a decision to jettison oil. The federal on-scene commander would follow the checklist.

"Authorization for the act of jettisoning also could enable the salvor to avoid criminal or civil penalties that otherwise might be imposed for an unauthorized discharge," NRC said.