March 3, 1977
Page 6077
By Mr. MUSKIE (for himself, Mr. HATHAWAY, Mr. HEINZ, Mr. HUMPHREY, Mr. KENNEDY, and Mr. RIEGLE)
S. 885. A bill to establish a 200 mile Marine Pollution Control Zone; to the Committee on Environment and Public Works.
S. 886. A bill to establish a 200 mile Marine Pollution Control Zone; to the Committee on Commerce, Science, and Transportation.
200 MILE POLLUTION CONTROL
Mr. MUSKIE. Mr. President, Senator HATHAWAY and I are today introducing, with Senators HEINZ, KENNEDY, and RIEGLE, two bills; one would amend the Federal Water Pollution Control Act and the other would amend the Ports and Waterways Safety Act to extend the U.S. vessel pollution control jurisdiction out to 200 miles from our coast, or to the Outer Continental Shelf, whichever is greater.
The many recent incidents of tanker spills, especially the disaster caused by the Argo Merchant off the coast of New England, underscore the immediate need for improved protection from and jurisdiction over marine pollution. The absence of clear legal authority to deal with oil spills or to regulate the construction, operation and maintenance of vessels which enter our ports is indefensible.
It is long past the time for comprehensive legislation which provides not only for adequate liability for oil spills but also for establishment of minimum standards for the construction, operation and maintenance of vessels which want to use the ports of the United States. We can no longer afford the luxury the shipping industry enjoys of shopping for countries in which to register vessels solely on the basis of least cost in terms of ship design, operation and maintenance and cheapest crews. If the ships are going to use the ports of the United States — if they are going to ply our waters — then they should meet the same level of performance demanded of ships which operate under American flag.
While I recognize this will increase costs, it is better insurance to pay those increased costs directly in the vessel construction, operation and maintenance, than indirectly in damages to our environmental resources — damages which cannot be corrected after the fact.
Specifically, these bills would establish a Marine Pollution Control Zone which would cover the waters out to the Outer Continental Shelf or 200 miles, whichever is greater, and would extend the jurisdiction of the Federal Water Pollution Control Act and the Ports and Waterways Safety Act to cover those waters.
This means that the Secretary of Transportation would be required to promulgate regulations to achieve the safety and navigational objectives of the Ports and Waterways Safety Act, and the Administrator of the Environmental Protection Agency would be required to set limits of liability for discharges of oil and hazardous substances and to set standards of performance for the control of sewage discharges from vessels in the Marine Pollution Control Zone. These measures will not change the substance of these responsibilities; only the geographic area of applicability is affected.
Many of us had hoped that the Law of the Seas Conference would address this issue. However, in the absence of an international commitment, and with the precedent of an established 200 mile economic zone, I believe it is time for us to act to pass domestic legislation which will protect our coastline and surrounding waters from pollution such as we have unfortunately experienced in recent months.
Some believe, as a general proposition, that national extensions of jurisdiction are unwise. They argue that such extensions have questionable foundation in international law and may prejudice our efforts at the Law of the Seas Conference to negotiate a comprehensive treaty which will be generally accepted by the international community. I do not now agree with these arguments.
The Law of the Seas Conference thus far has pointed to the fact that a Law of the Seas Treaty will not adequately resolve the pollution problem. Thus, while it may have been sensible not to consider national legislation when there was a substantial probability that a Law of the Seas Treaty would address this issue adequately, that situation no longer exists. Furthermore, even if a Law of the Seas Treaty were to establish an international regime the United States, as I have indicated, would still want to have the authority and the jurisdiction to adopt stricter standards and additional measures for the ocean area surrounding its coastline.
Further, Mr. President, recent oil spills off the New England coast and elsewhere have demonstrated that liability for cleanup of oil spills may not always be sufficient to protect the interest of the public and the resources of the ocean. Many situations have occurred recently where private individuals have been adversely affected as the result of oil spills, and often these private individuals are the persons who are least able to seek private remedies which are otherwise preserved under the Federal Water Pollution Control Act.
Therefore, the first of these two bills would authorize the Attorney General to represent those private citizens in a class action in situations where the damages are so widespread that it would be appropriate for a class action to recover those damages. This provision is parallel to and derived from a provision in the Deepwater Ports Act of 1974. Thus, for instance, if an oil spill resulted in the loss of income to lobstermen all along the New England coastline, that class of citizens could seek to be represented by the Attorney General in an action. Such representation would more appropriately respond to the public's interest in preserving these activities and assisting those individuals who are totally without any protection in an oil spill situation.
Also included in this same bill is a provision which permits the United States — the Attorney General — to act on behalf of the public as a trustee of any natural resources which may be damaged by pollution within the marine pollution control zone. The intent of this provision is to provide for the protection of public resources, such as beaches and fisheries, which are not privately owned, and to provide for their restoration on behalf of the public interest. This provision also is parallel to and derived from the Deepwater Ports Act of 1974.
Mr. President, it is time for us to take a serious look at the issue of pollution of our marine environment, and I believe that these bills will provide a useful focal point for such a review.
Mr. President, I ask unanimous consent that a section-by-section analysis of these bills be printed in the RECORD.
There being no objection, the analysis was ordered to be printed in the RECORD, as follows:
SECTION-BY-SECTION DESCRIPTION OF BILLs
BILL AMENDING THE PORTS AND WATERWAYS ACT
Sections 1 and 2— Redefine "navigable waters" for the purposes of sections 311 and 312 (Oil and Hazardous Substance Liability and Marine Sanitation Devices) to extend 200 miles off the U.S. coastline or to the limits of the Outer Continental Shelf, whichever is greater.
Section 3— Permits the Attorney General to act to recover damages on behalf of a class of citizens adversely affected by a spill of oil or hazardous substance. Also, permits the Attorney General to act as a public trustee to recover damages on behalf of natural resources (such as public beaches, fisheries, etc.) adversely affected by a spill of oil or hazardous substance.
BILL AMENDIING THE FEDERAL WATER POLLUTION CONTROL ACT
Section 1— Redefines "navigable waters" to extend 200 miles off the U.S. coastline or to the limits of the Outer Continental Shelf, whichever is greater. Also, defines "standards of performance" as meaning a standard for control of pollution discharges which reflects best available control.
Section 2— Requires the Administrator of EPA to promulgate regulations establishing standards of performance for vessels and provides that any vessel design and construction standards promulgated by the Secretary of Transportation must achieve such standards of performance. Also, provides for a review of existing rules and regulations governing U.S.flag vessels and authorizes the stricter standards for U.S. flag vessels and foreign flag vessels operating in U.S. navigable waters.