KF27 66626 1977a COMMITTEE ON GOVERNMENT OPERATIONS JACK BROOKS, Texas, Chairman L. H. FOUNTAIN, North Carolina JOHN CONYERS, JR., Michigan LEO J. RYAN, California RICHARDSON PREYER, North Carolina BARBARA JORDAN, Texas GLENN ENGLISH, Oklahoma ELLIOTT H. LEVITAS, Georgia DAVID W. EVANS, Indiana ANTHONY MOFFETT, Connecticut ANDREW MAGUIRE, New Jersey LES ASPIN, Wisconsin HENRY A. WAXMAN, California JACK HIGHTOWER, Texas JOHN W. JENRETTE, JR., South Carolina FLOYD J. FITHIAN, Indiana MICHAEL T. BLOUIN, Iowa PETER H. KOSTMAYER, Pennsylvania TED WEISS, New York FRANK HORTON, New York PAUL N. MCCLOSKEY, JR., California JOEL PRITCHARD, Washington DAN QUAYLE, Indiana ROBERT S. WALKER, Pennsylvania ARLAN STANGELAND, Minnesota WILLIAM M. JONES, General Counsel WILLIAM H. COPENHAVER, Associate Counsel RICHARD L. THOMPSON, Minority Staff Director GOVERNMENT ACTIVITIES AND TRANSPORTATION SUBCOMMITTEE JOHN L. BURTON, California, Chairman 1001 8/21/77 CONTENTS Benkert, Rear Adm. William M., Chief, Office of Merchant Marine Safety, U.S. Coast Guard; accompanied by Capt. Frederick P. Schubert, Deputy Chief, Office of Marine Environment and Cole, James A., Jr., general manager, marine department, Texaco, Fuller, Leroy F., Director, Bureau of Certification and Licensing, Federal Maritime Commission... Ghiorzi, Alfred T., Chief, Pollution Control Section, Land and Natural Resources Division, Department of Justice; accompanied by Lawrence F. Ledebur, Chief, Admiralty and Shipping Section, Greenberg, Eldon V. C., Center for Law and Social Policy. McKenzie, Arthur, director, Tanker Advisory Center.. Stillwaggon, Capt. James G., president, Interport Pilots Associates, 97 Letters, statements, and so forth, submitted for the record by- Benkert, Rear Adm. William M., Chief, Office of Merchant Marine Information concerning port safety, security, and marine environ- 34 Information concerning vessels involved in major casualties like Material concerning certain Coast Guard activities involving the Oil pollution statutes and their jurisdictional distances. Penalties assessed from 1973 to 1975 for U.S. vessels and foreign Ratification of the International Convention for the Prevention Schedule of meetings for SOLAS subcommittee and the Maritime 6-22 32-33 266 Status of IMCO related international conventions and amend- (III) 277-285 Letters, statements-Continued Cole, James A., Jr., general manager, marine department, Texaco, Information concerning ships before they are chartered. Prepared statement.. Page. 234-235 99-150 312 Fuller, Leroy F., Director, Bureau of Certification and Licensing, Breakdown of enforcement inquiries Expenditures and collections for the Federal Maritime Com- 316 Ghiorzi, Alfred T., Chief, Pollution Control Section, Land and Natural Resources Division, Department of Justice: Prepared statement. 324-328 Greenberg, Eldon V. C., Center for Law and Social Policy: Prepared statement 70-96 Schubert, Capt. Frederick P., Deputy Chief, Office of Marine Environment and Systems, U.S. Coast Guard: Data concerning spills...... 288-289 Pollution fund expenditures on unknown sources 257 Zusi, F., assistant manager, tanker department, Exxon International 152-232 APPENDIXES Appendix 1: A. Coast Guard responses to questions of February 9, 1977.. E. May 16, 1977, Coast Guard regulations Appendix 2: A. Statistical information supplied by the General Accounting Office__ A. Tanker casualty information supplied by the Tanker Advisory B. Tanker Advisory Center response to questions of March 31, 1977. Appendix 4: A. Joint letter of March 31, 1977, to EPA Administrator concerning publication of hazardous substance list pursuant to section 311 of the Federal Water Pollution Control Act.. B. EPA response of April 22, 1977, to joint letter. 329 398 422 469 481 491 512 515 529 533 546 548 550 COAST GUARD EFFORTS TO PREVENT OIL POLLUTION CAUSED BY TANKER ACCIDENTS MONDAY, MARCH 21, 1977 HOUSE OF REPRESENTATIVES, GOVERNMENT ACTIVITIES AND OF THE COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 2247, Rayburn House Office Building, Hon. John L. Burton (chairman of the subcommittee) presiding. Present: Representatives John L. Burton, David W. Evans, Anthony Moffett, Jack Hightower, Charles Thone, Robert S. Walker, and Arlan Stangeland. Also present: Miles Q. Romney, staff director; Bruce R. Butterworth, professional staff member; Cynthia M. Mora, professional staff member; Elizabeth L. Wasserman, clerk; and Richard M. Tempero, minority professional staff, Committee on Government Operations. Mr. BURTON. The subcommittee will come to order. The purpose of these hearings is to take testimony on the Coast Guard's efforts to prevent oil pollution caused by accidental tanker spills. We will also be looking at the efforts of the Coast Guard, the Federal Maritime Commission, and the Department of Justice as they endeavor to implement portions of law that provide for the recovery of Federal funds that are expended for cleanups. The jurisdiction of the Government Activities and Transportation Subcommittee includes the oversight responsibility as to the Department of Transportation and its components including the Coast Guard. The Federal Maritime Commission also falls within this subcommittee's jurisdiction. Initially these hearings were called to elicit the facts and the evidence and hopefully build a case in prodding the administration to deal with the problems of oil tanker spills and liability. Since the witnesses were notified, the administration has come out with a program that, in the words of the White House, is designed to reduce the risks associated with the marine transportation of oil. Out of necessity, and I think commonsense, the main focus of these hearings will now be on the program put forth by the White House, how it is intended to work, what the costs of such a program would be, and what the implementation factors would be as far as a timetable is concerned. Pollution of the marine environment through tanker ship accidents and casualties, and through routine operations, is a increasingly seri ous problem. A Coast Guard report contains an estimate that pollution from all sources amounts to 1,350,000 metric tons on the average each year, which is about 420,000,000 gallons of oil. About 15 percent of these spills are due to tanker accidents. Although the 15 percent would seem rather a small percentage, this 15 percent usually ends up close to shore. affecting marine life and environment. And also that 15 percent happens in fairly large quantities, whereas the other 85 percent normally is spread throughout the oceans of the world and in smaller individual quantities. In the Federal Water Pollution Control Act of 1972, Congress declared the policy of the United States to be that there should be no discharges of oil or hazardous substances into or onto the navigable waters of the United States adjoining shorelands or into or upon the waters of the contiguous zone. The 1972 Ports and Waterways Safety Act declared the necessity of establishing for all vessels documented under the law of the United States or entering our waters to have comprehensive minimum standards of design, construction, alteration, repair maintenance, and operation to prevent or mitigate the hazards to life. This regulatory responsibility was assigned to the Coast Guard. On March 18, which was last Friday, the President sent Congress a 6-point program of measures designed to reduce the risks that attend maritime transportation of oil. This five page fact sheet accompanied the President's message. In light of that fact sheet, as I said before, the subcommittee will be directing itself toward that fact sheet and towards the implementation of these plans. The original purpose of the hearing to bring about such a program from the administration is no longer necessary because the administration was aware of the facts that this subcommittee and its staff were ready to bring out today. I would ask those of you who were called as witnesses who planned on testifying as to the problem and the need of the Government to address itself to the problem, that we accept your statements for the record. To the extent you can, comment on the fact sheet and on the administration proposals. With me on the subcommittee today is the distinguished gentleman from Nebraska and the ranking minority member, Congressman Thone, and also the newest member of the House of Representatives— a distinction that I had 22 years ago being number 435-Congressman Stangeland from Minnesota. We will be joined by other members of the subcommittee and also, possibly, Congressman Leo Ryan who chairs the Environment, Energy, and Natural Resources Subcommittee of Government Operations. Mr. Ryan's subcommittee has been holding hearings into this subject matter as well from a different vantage point. Mr. Thone? Mr. THONE. Thank you, John. I would like to take this opportunity to welcome you as chairman of this subcommittee. This is your first official chair and I am sure that we will have many, many fruitful hearings in the future. I would also like to welcome, on our side of the aisle here, Representative Arlan Stangeland. As you know. Mr. Stangeland recently |