Table Of Content^ 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, Ife^aii
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 Re^onal 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 ^A 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 tank-
ers — 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 over-
sighthearing 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 (chair-
man 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 hear-
ing. 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 contin-
ued to engage in oversight of OCS, of oil spills, and their implica-
tions 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 commit-
tee, 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.
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