March 3, 1978
Page 5491
CLEAN WATER ACT AND OCEAN POLLUTION
Mr. MUSKIE. Mr. President, in December the President signed the Clean Water Amendments of 1977 into law. That legislation extended the authority of the United States to clean up oil and hazardous substances spills beyond the 12-mile limit to assure protection of ocean resources.
Concern has been expressed about the intent of that legislation in relation to pending and proposed international accords. I have had discussions with the State Department about the intent of Congress and have had an exchange of correspondence with the Secretary of State, the Honorable Cyrus Vance, on this matter.
In order to clarify the legislative history with respect to this section of the newly enacted amendments I ask unanimous consent to have that correspondence and an associated memorandum printed in the RECORD.
There being on objection, the material was ordered to be printed in the RECORD, as follows:
U.S. SENATE,
Washington, D.C.,
February 13, 1978.
Hon. Cyrus VANCE,
Secretary, Department of State,
Washington, D.C.
DEAR MR. SECRETARY: Pursuant to discussions between Deputy Secretary Christopher and myself, an understanding has been reached as to the intent of Congress in enacting amendments to the Clean Water Act relating to spills of oil and hazardous substances from vessels. Attached to this letter is a memorandum dated January 19 which describes that understanding.
Deputy Secretary Christopher has suggested. and I have agreed to recommend to the Environment and Public Works Committee, that certain aspects of the Environment and Public Works Committee, that certain aspects of the section be clarified in order to lessen the concern other nations may have with this legislation. At the appropriate time, and in connection with an appropriate legislative vehicle, I will propose an amendment which will clarify that penalties for failure to notify and for the discharge of other than non-removable hazardous substances shall only be applicable when the vessel is otherwise subject to the jurisdiction of the United States "at the time the discharge occurs."
Deputy Secretary Christopher and I also discussed the ramifications of the applicability of the penalty for a discharge of non-removable hazardous substances beyond the 12-mile limit, a subject not discussed in the January 19 memorandum. The Congress did, in fact, intend to extend penalties for the discharge of non-removable hazardous substances beyond the 12-mile limit. The purpose is to impose a standard of care on any vessels, foreign or domestic, discharges from which may affect the resources of the United States.
I am open to any suggestions, consistent with international policy for alternative means to assure such an adequate standard of care. At such time as an acceptable alternative is found, I would be prepared to recommend an appropriate modification of this provision of the Clean Water Act. I would also be prepared to recommend an amendment which would state specifically that as a result of the modification Congress intends to assure that jurisdiction is not extended over foreign vessels beyond the 12-mile limit except as provided in international conventions to which the United States is a party.
In the interim, I would expect that EPA's hazardous substance regulations would be promulgated in full compliance with the 1977 amendments.
As you know, I would prefer international solutions to the global problem of marine pollution where this can be achieved. Thus, I hope the difficulties which have been identified in this process would serve as a stimulus to our international negotiators to seek environmental accords which protect our coastal interests and the resources of the oceans which are so important to the citizens of the United States.
I look forward to your response.
Best personal regards,
Sincerely,
EDMUND S. MUSKIE,
Chairman, Subcommittee on Environmental Pollution.
MEMORANDUM
To: Senator Edmund S. Muskie
From: Leon G. Billings
Subject: Intent of Congress with Respect to Oil/Hazardous Substance Discharges
Summary of Existing Law: Under the 1970 Clean Water Act Amendments, authority was provided to clean up discharges of oil and hazardous substances from vessels and other facilities within the 12-mile limit and to recover the cost of clean-up. Notice was required wherever an unlawful discharge occurred and penalties for unlawful discharges and failure to notify were provided. Authority to board, inspect and arrest vessels within the 12-mile limit was provided.
Summary of Amendments: With respect to discharges of oil and hazardous substances beyond the 12-mile limit, the 1977 amendments made four changes in existing law:
1. Provided authority to clean up unlawful discharges of oil and hazardous substances beyond the 12-mile limit;
2. Provided authority to recover the cost of clean-up of spills beyond the 12-mile limit, including any costs or expenses incurred in the restoration of damaged natural resources;
3. Required notice to the Federal Government of any discharges in unlawful amounts beyond the 12-mile limit in order to allow the Government to carry out this clean-up authority;
4. Assured that no jurisdiction over foreign vessels was extended beyond the 12-mile limit except as provided in international conventions to which the United States is a party.
To accomplish these purposes, the Act was amended to provide authority for the President to remove unlawful discharges of oil and hazardous substance "in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1978)."
The notice and discharge penalty provisions were modified to assure that penalties would only be applicable to vessels which were "otherwise subject to the jurisdiction of the United States' at the time the unlawful discharge occurred. Thus, foreign vessels beyond the 12-mile limit would not be subject to penalty for discharge or failure to notify.
Finally, the enforcement provision, Section 811(m) was not changed, thus limiting the authority to enforce the provisions of the Act to "any vessel upon the navigable waters of the United States or the waters of the contiguous zone", (within the 12-mile limit).
SECRETARY OF STATE,
Washington, D.C.,
February 22, 1978.
Hon. EDMUND S. MUSKIE
Chairman, Subcommittee on Environmental Pollution,
U.S. Senate.
DEAR ED: Thank you for your letter of February 13 concerning the recent discussions between yourself and Deputy Secretary Christopher on the 1977 amendments to the Federal Water Pollution Control Act. Your letter and the attached memorandum go far toward resolving this matter by clarifying the intent of Congress in enacting the amendments and by specifically noting your willingness to recommend a legislative clarification of certain aspects of Section 311 with respect to penalties for failure to notify and for the discharge of other than non-removable hazardous substances. In the coming weeks, we will work with you on alternative means to achieve the standard of care we both seek with respect to vessel operation in order to resolve the remaining statutory problem regarding non-removable hazardous substances.
We appreciate your cooperation in this matter. I believe the dialogue we have established on this issue is exactly the kind of cooperative effort President Carter envisaged in his signing statement on this legislation. I am hopeful that we can resolve this issue in a manner which will achieve maximum consistency with applicable principles of international law without sacrificing our shared objective of protecting the marine environment.
With warm regards,
Sincerely,
CYRUS VANCE..