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^ SHETLAND ISLANDS OIL SPILL Y 4, R 31/3:103-3 Shetland Islands Dil SpilL Serial HEARING JIHT BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON NATURAL RESOURCES HOUSE OF REPRESENTATIVES ONE HUNDRED TfflRD CONGRESS FIRST SESSION ON SHETLAND ISLANDS OIL SPILL AND ITS IMPLICATIONS FOR OIL TRANSPORTATION AND SPILL RESPONSE IN THE UNITED STATES HEARING HELD IN WASHINGTON, DC FEBRUARY 4, 1993 Serial No. 103-3 Printed for the use of the ComqaimiittttfMitrAtiAin NNaattuurraall RReesources ^*t993 U.S. GOVERNMENT PRINTING OFFi^ftJtlffi^^hf/^y 70-644 WASHINGTON : 1993 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-041252-8 SHETLAND ISLANDS OIL SPILL Y 4. R 31/3: 103-3 Sfaetlaixt Islands Dll Spilli Serial JHT HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON NATURAL RESOURCES HOUSE OF REPRESENTATIVES ONE HUNDRED TfflRD CONGRESS FIRST SESSION ON SHETLAND ISLANDS OIL SPILL AND ITS IMPLICATIONS FOR OIL TRANSPORTATION AND SPILL RESPONSE EST THE UNITED STATES HEARING HELD IN WASHINGTON, DC FEBRUARY 4, 1993 SeHal No. 103-3 Printed for the use of the CommittM>An Natural Resoiirces ~ *MM-»*am . U.S. GOVERNMENT PRINTING Ol 70-644 WASHINGTON : 1993 ForsalebytheU.S.GovernmentPrintingOffice SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402 ISBN 0-16-041252-8 COMMITTEE ON NATURAL RESOURCES GEORGE MILLER, California, Chairman PHILIP R. SHARP, Indiana DON YOUNG, Alaska, EDWARD J. MARKEY, Massachusetts RankingRepublican Member AUSTIN J. MURPHY, Pennsylvania JAMES V. HANSEN, Utah NICKJOE RAHALL II, West Virginia BARBARA F. VUCANOVICH, Nevada BRUCE F. VENTO, Minnesota ELTON GALLEGLY, California PAT WILLIAMS, Montana ROBERT F. SMITH, Oregon RON DE LUGO, Virgin Islands CRAIG THOMAS, Wyoming SAM GEJDENSON, Connecticut JOHN J. DUNCAN, Jr., Tennessee RICHARD H. LEHMAN, CaUfomia JOEL HEFLEY, Colorado BILL RICHARDSON, New Mexico JOHN T. DOOLITTLE, California PETER A DeFAZIO, Oregon WAYNE ALLARD, Colorado ENI F.H. FALEOMAVAEGA, American RICHARD H. BAKER, Louisiana Samoa KEN CALVERT, California TIM JOHNSON, South Dakota SCOTT McINNIS, Colorado LARRY LAROCCO, Idaho RICHARD W. POMBO. California NEIL ABERCROMBIE. Hawaii JAY DICKEY, Arkansas CALVIN M. DOOLEY, California CARLOS ROMERO-BARCELO, Puerto Rico KARAN ENGLISH, Arizona KAREN SHEPHERD, Utah NATHAN DEAL, Georgia MAURICE D. HINCHEY, New York ROBERT A UNDERWOOD, Guam HOWARD BERMAN, California LANE EVANS, Illinois PATSYT. MINK, Hawaii THOMAS J. BARLOW III, Kentucky THOMAS M.BARRETT, Wisconsin Dan Beard, StaffDirector Richard Meltzer, General Counsel Daniel Val Kish, Republican StaffDirector Subcommittee on Oversight and Investigations GEORGE MILLER, California, Chairman SAM GEJDENSON, Connecticut ROBERT F. SMITH, Oregon, CALVIN M. DOOLEY, California RankingRepublican Member NATHAN DEAL, Georgia JAMES V. HANSEN, Utah PHILIP R. SHARP, Indiana BARBARA F. VUCANOVICH, Nevada BRUCE F. VENTO, Minnesota JOHNJ. DUNCAN, Jr., Tennessee RICHARD H. LEHMAN, California JOHN T. DOOLITTLE, California PETERA. DeFAZIO, Oregon WAYNE ALLARD, Colorado KARAN ENGLISH, Arizona KEN CALVERT, California KAREN SHEPHERD, Utah p RICHARD W. POMBO, California MAURICE D. HINCHEY.New*York JAY DICKEY, Arkansas NEIL ABERCROMBIE, Ifeâii LANE EVANS. Illinois THOMAS M. BARRETT, Wisconsin ,. VIOan Beard, S<a^Director C •'; jEtTREY P. Petrich, Counsel JUUE Petro, Professional StaffMember Linda Gordon Stevens, Clerk Ted Case,RepublicanCojisuUdnt on Oversight andInvestigations D. Lee Fp9SGRENvRepublican Counsel on Lands andForestry (H) CONTENTS Page Hearingheld: February4, 1993 1 Memberstatement: Hon. George Miller 1 Witness statements: Malcolm E. Green, chief executive, Shetland Islands Council, Lerwick, Scotland 2 Panelconsistingof: Nina Sankovitch, senior attorney. Natural Resources Defense Coun- cil, New York, NY, accompanied by Sarah Chasis, senior attorney. Natural Resources Defense Council, and director of the coastal project 37 Scott Sterling, representative of the city of Cordova and president, Prince Wiluam Sound Reônal Citizens'Advisory Council, Anchor- age, AK, accompanied byTex Edwards, board ofdirectors, Regional Citizens' Advisory Council [RCAC], and chairman, RCAC Port Op- erations andVessels TrafBc Systems Committee 50 Rear Adm. Arthur E. "Gene" Henn, Chiefofthe OfBce ofMarine Safety, Security, and Environmental Protection, U.S. Coast Guard, Head- quarters, accompanied by Comdr. Ed RoUison and Margie Hegy, Office ofNavigation Safety and Waterway Services, U.S. Coast Guard Head- quarters 72 Additional material submitted forthe record from: Malcolm E. Green, chiefexecutive, Shetland Islands Council: 1. Letter to Chairman Miller dated February 3 containing draft pro- posals for action to improvevessel trafficmanagement 11 2. Letter to Chairman Miller dated February 2 including attachment regardingManagingthe Marine EnvironmentConference 13 3. Press release dated Feb. 4, 1993, includingdetailed maps 26 Hon. George Miller: Letter to Chairman Miller from Hon. Byron D. Sher, chairman, California Legislature Assembly Natural Resources Committee 68 APPENDDC Thursday, February 4, 1993 Additional material submittedforthe recordfrom: Subcommitteeon Oversight£md Investigations: 1. Background memorandum—dated Feb. 3, 1993, including executive summary, "Safety at Bay Â Review of Oil Spill Prevention and Cleanup in U.S. Waters, Natural Resources Defense Council, De- cember 1992 107 2. Warner Chabot & Associates: Memo—randum dated Feb. 1, 1993, regarding oil spill oversight hearing 50-mile buffers for oil tankers — 121 3. "BRAER Incident" report received fix»m the director ofthe Inter- national Oil Pollution Compensation Fund on Feb. 4, 1992, and attachments 124 CenterforMeuine Conservation: 1. Oil tankers and airliners, prepared by Burr Heneman, Jan. 31, 1993 127 2. Memorandum from Burr Heneman to subcommittee staff dated Feb. 2, 1993, regardingoil spill oversighthearing 130 (lU) IV — Page Additionalmaterialsubmitted forthe record from Continued Natural Resources Defense Council: Letterto Chairman Millerfrom Nina Sankovitch dated Feb. 18, 1993, and attachments I34 Pacific Coast Federation ofFishermen's Associations, Inc., Sausaiito CA- Letter to Cha—irman Miller dated Feb. 2, 1993, regarding oil spill oversighthearing 50-mile buffers foroil tankers 140 Pacific States Marine Fisheries Commission, Portland, OR: Letter to subcommittee staff from Stephen H. Phillips, habitat biologist dated Feb. 3, 1993 142 RegionalCitizens'Advisory Council, Aiichorage,AKj 1. Additional recommendations for the subcommittee from Rick Steiner, ofCordova, as provided to RCAC 143 2. Statusofcurrentprojects asofMar. 16, 1993 145 3. 1992 yearinreview 150 Ocean Sanctuary Coalition of San Luis Obispo County, CA: Letter to Chairman Miller from Steven L. Rebuck, executive director, dated Feb. 8, 1993, enclosingproposal to use Monterey BayNational Marine Sanc- tuary and proposed Central Coast National Marine Sanctuary as ex- panded seaotterrefuge 170 American Oceans Campaign: Letter to Chairman Miller dated Jaii. 29! 1993 192 Doqjon Marine Co., Inc., Hillside, NJ: Memorandum to Chairman Miller dated Feb. 18, 1993, regarding "OPA '90, Salvage, Fire-fighting, Lightering" I95 Dr. Jonathan W.G. Wills, Shetland, Scotland: Letter to Chairman Miller dated Feb. 4, 1993, includingpreparedstatement 200 SHETLAND ISLANDS OIL SPILL AND ITS IM- PLICATIONS FOR OIL TRANSPORTATION AND SPILL RESPONSE IN THE UNITED STATES THURSDAY, FEBRUARY 4, 1993 House of Representatives, Subcommittee on Oversight and Investigations, Committee on Natural Resources, Washington, DC. The subcommittee met, pursuant to call, at 11:22 a.m., in room 1324, Longworth House Office Building, Hon. George Miller (chairman ofthe subcommittee) presiding. OPENING STATEMENT OF CHAIRMAN MILLER Mr. Miller. The subcommittee wiU come to order. The first order of business will be for me to extend my apologies to the wit- nesses and to the audience and to others for the delay in this hearing. We had a meeting with President Clinton, and unfortunately we were not notified ofthat meeting until very late last night, and I was not able to apprise people prior to this morning. I hope that you understand; meetings with the President weren't something that ordinarily interrupted my schedule the last couple ofyears. The committee meets today to hold a hearing on the recent oil spill in the Shetland Islands and its implications for the United States. Nearly 4 years ago, national concern about the vulnerability of our coastal environment was raised dramatically by the Exxon Valdez oil spill in Alaska. In response, the Congress passed OPA 90, the Oil Pollution Act of 1990, which was intended to signifi- cantly improve our oil spill prevention and response capabilities. The focus of todays hearing is on both the event in the Shet- lands, and what we might learn fi*om it. How are we better able to look toward the implications ofOPA 90 with that event in mind, and is there more that needs to be done as we start to review the law against the actualities ofthe implementation ofthat law? As this committee has done for a number ofyears, it has continued to engage in oversight of OCS, of oil spills, and their implications not only with respect to our jurisdiction of the Alaska situa- tion but also on the Outer Continental Shelf of the United States. Our first witness has had much experience with oil industry op- erations in the Shetland Islands and the North Sea and has been closely involved in the response to the January oil spill. We are very pleased and honored to have Mr. Malcolm Green, who is the (1) executive director of the Shetland Islands Council, join us this morning, and we look forward to his testimony, Mr. Green, if you would come forward. Welcome to the committee, and ag£iin, my apologies, especially since you have been so gen- erous with your time and your effort to help this committee. My apologies for our late start this morning. I hope it has not incon- venienced you to a great extent, and I want you to proceed in the manner in which you are most comfortable. We look forward to your testimony. Your entire statement will be put in the record, and you may proceed in the manner which you think will be the most helpful. Thank you. STATEMENT OF MALCOLM E. GREEN, CHIEF EXECUTIVE, SHETLAND ISLANDS COUNCIL, LERWICK, SCOTLAND Mr. Green. Thank you. Chairman. If I could perhaps begi—n by setting the scene for those who don't know—where Shetland is and there are a lot ofpeople in that cat- egory and describing what the Islands Council is and what its re- sponsibilities are, -so you get a feel for how we can then react to this kind ofsevere incident. Shetland stands in the North Sea. It stands fairly close to the conflux of the Atlantic and the North Sea itself. It is quite small. It is beyond Orkney, £ind it doesn't often appear on the maps with- in the United Kingdom. When they show weather, for example, they usually miss Shetland out. When they show nature programs, they occasionally miss Shetland out. But that is where it is; it is in the North Sea almost equidistant between Scotland and Norway, and to the west above it are the Faroe Islands, which belong to Denmark.-^ Shetland didn't always belong to the U.K., which it is part of. It used to be part ofN—orway, so it has had a strong history, a history oflots ofinvasions ifthat is the right word. Invasions in the past were carried out with a degree of violence; invasions in the recent past are commercial invasions to do with, at the turn of the cen- tury, the fishing industry, which brought a lot of people into Shet- land and out again. In the last three decades we nave had the in- vasion and the absorption into the economy and the social infra- structure ofShetland ofthe oil industry. [The map follows:] ^î "SSSêfit'eS©o SeSCREEa & SQUARE BALFTflNE] «3^ E I 3 c î-^' ^£3