In 1972, Congress enacted the Marine Protection, Research, and Sanctuaries Act (MPRSA), also referred to as the Ocean Dumping Act, to prohibit the dumping (and transportation for the purpose of dumping) of material into the ocean that would unreasonably degrade or endanger human health or the marine environment. Ocean dumping (and transportation for that purpose) cannot occur unless EPA issues a permit under the MPRSA.
Under Title 1 of the MPRSA, EPA issued a general permit for burial at sea in the federal regulations at 40 CFR 229.1. That general permit authorizes for burial at sea by all persons owning or operating a vessel or aircraft registered in the United States or flying the United States flag as well as all departments, agencies, or instrumentalities of the United States. The general permit includes depth, distance, and plastic flower restrictions, but for the most part, authorizes burial at sea only at a distance three nautical miles from land.
1. Do I need to apply for a permit or complete any other paperwork before performing a burial at sea?
EPA does not require an individual permit, however, you must notify the EPA of the burial at sea within 30 days following the event. In addition, the state from which you depart to perform the burial At sea may require you to complete some paperwork to meet that state’s requirements. You should check with the state to ensure you have all the documentation needed. If the burial involves incorporation of cremated remains in concrete, permit requirements administered by the U.S. Army Corps of Engineers may also apply and you should check directly with them.
2. Do I need to apply for a permit or complete any other paperwork before scattering ashes in a lake or river?
Placement of cremated remains in inland lakes and rivers is not subject to federal regulation under the Marine Protection, Research, and Sanctuaries Act. States that administer the Clean Water Act National Pollutant Discharge Elimination System permitting program, however, may have requirements governing the release of cremated remains into lakes and rivers of the state. You should contact the state environmental or health agency to get that specific regulatory/permit information for that State.
3. We were planning on scattering my friend’s ashes at the beach by wading into the surf; can we do this?
No. The regulations specify that cremated remains may be buried in or on ocean waters without regard to the depth, provided that such burial takes place no closer than three nautical miles from land.
3. We were planning on scattering my friend’s ashes at the beach by wading into the surf; can we do this?
No. The regulations specify that cremated remains may be buried in or on ocean waters without regard to the depth, provided that such burial takes place no closer than three nautical miles from land.
4. Who is qualified/allowed to perform a Burial At Sea?
The regulations at 40 CFR 229.1 indicate that a general permit for burial at sea is granted to all persons subject to the Ocean Dumping Act (Title I of the Marine Protection, Research, and Sanctuaries Act), as well as all persons owning or operating a vessel or aircraft registered in the United States or flying the United States flag and all departments, agencies or instrumentalities of the United States.
5. The form provided on your website has an entry for the name and phone number of the “Director or Person(s) Responsible for Burial Arrangements”; what are the qualifications needed for that person, do they have to be a funeral director, or someone licensed?
Federal regulations do not require that the responsible party have special credentials. EPA requires the name of the responsible party for the public record and in case we need to follow-up with the individual should any questions about the burial arise.
6. Where do I send notification of a burial at sea?
You should send the notification within 30 days following the burial at sea to the appropriate EPA regional office listed at the end of this document.
7. What method of transmitting/submitting the report is preferred?
If you perform the burial within ocean waters adjacent to Region 2 states (NY, NJ, PR, USVA), you may use whichever method (postal service, fax or email) that is most convenient to you. Required information should be submitted to the appropriate EPA office within 30 days following the burial at sea to EPA
8. How do I find a boat to perform a burial at sea?
You may use your own boat or a friend’s or relative’s boat provided it is capable of travel in ocean waters. Otherwise, you may contact charter boat operators. There are many vendors that specialize in performing burials at sea, including the burial of a whole body. As many have online sites, you may search for them online.
If the deceased is a military veteran, or their spouse, arrangements through the U. S. Navy may be possible; the U.S. Navy Mortuary Affairs office should be contacted at 1-866-787-0081 or (http://www.navy.mil/navydata/nav_legacy.asp?id=204) for further information. The U. S. Coast Guard will also provide such services for the cremated remains of veterans and their spouses.
9. What are the requirements for preparation and weighting of a casket to be used for burial at sea of whole body remains?
Human remains shall be prepared and buried at sea in accordance with accepted practices and requirements as may be deemed appropriate and desirable by the United States Navy, United States Coast Guard, or civil authority charged with the responsibility for making such arrangements.
Non-cremated remains must be buried at least 3 nautical miles from land and in water no less than one hundred fathoms (six hundred feet) deep. All necessary measures shall be taken to ensure that the remains sink to the bottom rapidly and permanently.
EPA requires that all plastic and fabric materials be removed from the casket before burial at sea. EPA recommends that a minimum of six 3- inch holes be drilled into the casket to facilitate rapid flooding and venting of air. To further aid in rapid sinking, EPA recommends that additional weight be added to the casket based upon a four to one ratio of the body weight. For example, a whole body that weighs 150 pounds would need an additional 600 pounds to offset the buoyancy of both the body and the casket. Finally, the casket should be wrapped with stainless steel chain along both axes. EPA does not recommend the use of shipping straps due to the rapid deterioration of such materials in the marine environment.
10. Can I scatter the ashes of my pet (dog, cat, etc.) at sea?
No, not under the MPRSA general permit, this applies only to human remains buried at sea. Spreading ashes of your pet would be considered ocean dumping without a permit, and thus prohibited unless and until you obtain a different permit under the MPRSA.
11. Can I spread flowers or wreaths along with the remains during the burial at sea?
Yes, provided that the flowers and wreaths consist of materials which are readily decomposable in the marine environment. Ocean dumping of plastic flowers is prohibited under the MRPSA general permit.
EPA Regional Points of Contact for Burial at Sea
Region 1: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont
Ann Rodney (rodney.ann@epa.gov)
Burial at Sea Coordinator
US EPA Region 1
1 Congress St.
Boston, MA 02114-2023
(617) 918-1538
Region 2: New Jersey, New York, Puerto Rico and U.S. Virgin Islands
Patricia Pechko (pechko.patricia@epa.gov)
Burial At Sea Coordinator
US EPA Region 2
290 Broadway
New York, NY 10007-1866
(212) 637-3796
Region 3: District of Columbia, Delaware, Maryland, Pennsylvania, and Virginia
Sherilyn Morgan (Morgan.Sherilyn@epa.gov)
Burial at Sea Coordinator
EPA Region 3
1650 Arch Street
Philadelphia, PA 19103
(215) 814-2786
Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, N. Carolina, S. Carolina and Tennessee
Gary Collins (collins.garyw@epa.gov)
Burial at Sea Coordinator
EPA, Region 4
61 Forsyth Street Southwest
Atlanta, GA 30303
(404) 562-9395
Region 6: Louisiana and Texas
Jessica Franks (franks.jessica@epa.gov)
Burial At Sea Coordinator
US EPA Region 6
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
(214) 665-8335
Region 9: California, Hawaii, American Samoa, Guam, Northern Marianas and Trust Territories
Allan Ota (ota.allan@epa.gov)
Burial At Sea Coordinator
U.S. EPA Region 9
75 Hawthorne Street
San Francisco, CA 94105
(415) 972-3476
Region 10: Alaska
Chris Meade (meade.chris@epa.gov)
Burial at Sea Coordinator
U.S. EPA Region 10
PO Box 20370
Juneau, AK 99802-0370
(907) 585-7622
