33 USC 2732 - Terminal and tanker oversight and monitoring

U.S Code last checked for updates: Apr 28, 2024

§ 2732.

Terminal and tanker oversight and monitoring

(a)

Short title and findings

(1)

Short title

(2)

Findings

The Congress finds that—

(A)

the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area;

(B)

many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill;

(C)

one way to combat this complacency is to involve local citizens in the process of preparing, adopting, and revising oil spill contingency plans;

(D)

a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals;

(E)

such a mechanism presently exists at the Sullom Voe terminal in the Shetland Islands and this terminal should serve as a model for others;

(F)

because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Europe;

(G)

the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation;

(H)

only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus;

(I)

a pilot program patterned after Sullom Voe should be established in Alaska to further refine the concepts and relationships involved; and

(J)

similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem.

(b)

Demonstration programs

(1)

Establishment

(2)

Advisory function

(3)

Purpose

(4)

Suits barred

(c)

Oil Terminal Facilities and Oil Tanker Operations Association

(1)

Establishment

(2)

Membership

Each Association shall be comprised of 4 individuals as follows:

(A)

One individual shall be designated by the owners and operators of the terminal facilities and shall represent those owners and operators.

(B)

One individual shall be designated by the owners and operators of the crude oil tankers calling at the terminal facilities and shall represent those owners and operators.

(C)

One individual shall be an employee of the State of Alaska, shall be designated by the Governor of the State of Alaska, and shall represent the State government.

(D)

One individual shall be an employee of the Federal Government, shall be designated by the President, and shall represent the Federal Government.

(3)

Responsibilities

(4)

Designation of existing organization

(d)

Regional Citizens’ Advisory Councils

(1)

Membership

(2)

Membership

Each Council shall be composed of voting members and nonvoting members, as follows:

(A)

Voting members

Voting members shall be Alaska residents and, except as provided in clause (vii) of this paragraph, shall be appointed by the Governor of the State of Alaska from a list of nominees provided by each of the following interests, with one representative appointed to represent each of the following interests, taking into consideration the need for regional balance on the Council:

(i)

Local commercial fishing industry organizations, the members of which depend on the fisheries resources of the waters in the vicinity of the terminal facilities.

(ii)

Aquaculture associations in the vicinity of the terminal facilities.

(iii)

Alaska Native Corporations and other Alaska Native organizations the members of which reside in the vicinity of the terminal facilities.

(iv)

Environmental organizations the members of which reside in the vicinity of the terminal facilities.

(v)

Recreational organizations the members of which reside in or use the vicinity of the terminal facilities.

(vi)

The Alaska State Chamber of Commerce, to represent the locally based tourist industry.

(vii)

(I)

For the Prince William Sound Terminal Facilities Council, one representative selected by each of the following municipalities: Cordova, Whittier, Seward, Valdez, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.

(II)

For the Cook Inlet Terminal Facilities Council, one representative selected by each of the following municipalities: Homer, Seldovia, Anchorage, Kenai, Kodiak, the Kodiak Island Borough, and the Kenai Peninsula Borough.

(B)

Nonvoting members

One ex-officio, nonvoting representative shall be designated by, and represent, each of the following:

(i)

The Environmental Protection Agency.

(ii)

The Coast Guard.

(iii)

The National Oceanic and Atmospheric Administration.

(iv)

The United States Forest Service.

(v)

The Bureau of Land Management.

(vi)

The Alaska Department of Environmental Conservation.

(vii)

The Alaska Department of Fish and Game.

(viii)

The Alaska Department of Natural Resources.

(ix)

The Division of Emergency Services, Alaska Department of Military and Veterans Affairs.

(3)

Terms

(A)

Duration of Councils

(B)

Three years

(C)

Initial appointments

The terms of the first appointments shall be as follows:

(i)

For the appointments by the Governor of the State of Alaska, one-third shall serve for 3 years, one-third shall serve for 2 years, and one-third shall serve for one year.

(ii)

For the representatives of municipalities required by subsection (d)(2)(A)(vii), a drawing of lots among the appointees shall determine that one-third of that group serves for 3 years, one-third serves for 2 years, and the remainder serves for 1 year.

(4)

Self-governing

(5)

Dual membership and conflicts of interest prohibited

(A)

No individual selected as a member of the Council shall serve on the Association.

(B)

No individual selected as a voting member of the Council shall be engaged in any activity which might conflict with such individual carrying out his functions as a member thereof.

(6)

Duties

Each Council shall—

(A)

provide advice and recommendations to the Association on policies, permits, and site-specific regulations relating to the operation and maintenance of terminal facilities and crude oil tankers which affect or may affect the environment in the vicinity of the terminal facilities;

(B)

monitor through the committee established under subsection (e), the environmental impacts of the operation of the terminal facilities and crude oil tankers;

(C)

monitor those aspects of terminal facilities’ and crude oil tankers’ operations and maintenance which affect or may affect the environment in the vicinity of the terminal facilities;

(D)

review through the committee established under subsection (f), the adequacy of oil spill prevention and contingency plans for the terminal facilities and the adequacy of oil spill prevention and contingency plans for crude oil tankers, operating in Prince William Sound or in Cook Inlet;

(E)

provide advice and recommendations to the Association on port operations, policies and practices;

(F)

recommend to the Association—

(i)

standards and stipulations for permits and site-specific regulations intended to minimize the impact of the terminal facilities’ and crude oil tankers’ operations in the vicinity of the terminal facilities;

(ii)

modifications of terminal facility operations and maintenance intended to minimize the risk and mitigate the impact of terminal facilities, operations in the vicinity of the terminal facilities and to minimize the risk of oil spills;

(iii)

modifications of crude oil tanker operations and maintenance in Prince William Sound and Cook Inlet intended to minimize the risk and mitigate the impact of oil spills; and

(iv)

modifications to the oil spill prevention and contingency plans for terminal facilities and for crude oil tankers in Prince William Sound and Cook Inlet intended to enhance the ability to prevent and respond to an oil spill; and

(G)

create additional committees of the Council as necessary to carry out the above functions, including a scientific and technical advisory committee to the Prince William Sound Council.

(7)

No estoppel

(8)

Scientific work

(e)

Committee for Terminal and Oil Tanker Operations and Environmental Monitoring

(1)

Monitoring Committee

(2)

Duties

In fulfilling its responsibilities, the Monitoring Committee shall—

(A)

advise the Council on a monitoring strategy that will permit early detection of environmental impacts of terminal facility operations and crude oil tanker operations while in Prince William Sound and Cook Inlet;

(B)

develop monitoring programs and make recommendations to the Council on the implementation of those programs;

(C)

at its discretion, select and contract with universities and other scientific institutions to carry out specific monitoring projects authorized by the Council pursuant to an approved monitoring strategy;

(D)

complete any other tasks assigned by the Council; and

(E)

provide written reports to the Council which interpret and assess the results of all monitoring programs.

(f)

Committee for Oil Spill Prevention, Safety, and Emergency Response

(1)

Technical Oil Spill Committee

(2)

Duties

In fulfilling its responsibilities, the Oil Spill Committee shall—

(A)

periodically review the respective oil spill prevention and contingency plans for the terminal facilities and for the crude oil tankers while in Prince William Sound or Cook Inlet, in light of new technological developments and changed circumstances;

(B)

monitor periodic drills and testing of the oil spill contingency plans for the terminal facilities and for crude oil tankers while in Prince William Sound and Cook Inlet;

(C)

study wind and water currents and other environmental factors in the vicinity of the terminal facilities which may affect the ability to prevent, respond to, contain, and clean up an oil spill;

(D)

identify highly sensitive areas which may require specific protective measures in the event of a spill in Prince William Sound or Cook Inlet;

(E)

monitor developments in oil spill prevention, containment, response, and cleanup technology;

(F)

periodically review port organization, operations, incidents, and the adequacy and maintenance of vessel traffic service systems designed to assure safe transit of crude oil tankers pertinent to terminal operations;

(G)

periodically review the standards for tankers bound for, loading at, exiting from, or otherwise using the terminal facilities;

(H)

complete any other tasks assigned by the Council; and

(I)

provide written reports to the Council outlining its findings and recommendations.

(g)

Agency cooperation

(h)

Recommendations of Council

(i)

Administrative actions

(j)

Location and compensation

(1)

Location

(2)

Compensation

(k)

Funding

(1)

Requirement

(2)

Prince William Sound Program

The owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound shall provide, on an annual basis, an aggregate amount of not more than $2,000,000, as determined by the Secretary. Such amount—

(A)

shall provide for the establishment and operation on the environmental oversight and monitoring program in Prince William Sound;

(B)

shall be adjusted annually by the Anchorage Consumer Price Index; and

(C)

may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities or crude oil tankers operating in Prince William Sound and the Prince William Sound terminal facilities Council.

(3)

Cook Inlet Program

The owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet shall provide, on an annual basis, an aggregate amount of not less than $1,400,000, as determined by the Secretary. Such amount—

(A)

shall provide for the establishment and operation of the environmental oversight and monitoring program in Cook Inlet;

(B)

shall be adjusted annually by the Anchorage Consumer Price Index; and

(C)

may be adjusted periodically upon the mutual consent of the owners or operators of terminal facilities, offshore facilities, or crude oil tankers operating in Cook Inlet and the Cook Inlet Council.

(l)

Reports

(1)

Associations and Councils

(2)

GAO

(m)

Definitions

As used in this section, the term—

(1)

“terminal facilities” means—

(A)

in the case of the Prince William Sound Program, the entire oil terminal complex located in Valdez, Alaska, consisting of approximately 1,000 acres including all buildings, docks (except docks owned by the City of Valdez if those docks are not used for loading of crude oil), pipes, piping, roads, ponds, tanks, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, vehicles, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex; and

(B)

in the case of the Cook Inlet Program, the entire oil terminal complex including all buildings, docks, pipes, piping, roads, ponds, tanks, vessels, vehicles, crude oil tankers only while at the terminal dock, tanker escorts owned or operated by the operator of the terminal, emergency spill response vessels owned or operated by the operator of the terminal, and other facilities associated with, and necessary for, assisting tanker movement of crude oil into and out of the oil terminal complex;

(2)

“crude oil tanker” means a tanker (as that term is defined under section 2101 of title 46)—

(A)

in the case of the Prince William Sound Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries, operating north of Middleston Island and bound for or exiting from Prince William Sound; and

(B)

in the case of the Cook Inlet Program, calling at the terminal facilities for the purpose of receiving and transporting oil to refineries and operating in Cook Inlet and the Gulf of Alaska north of Amatuli Island, including tankers transiting to Cook Inlet from Prince William Sound;

(3)

“vicinity of the terminal facilities” means that geographical area surrounding the environment of terminal facilities which is directly affected or may be directly affected by the operation of the terminal facilities; and

(4)

“Secretary” means the Secretary of the department in which the Coast Guard is operating.

(n)

Savings clause

(1)

Regulatory authority

Nothing in this section shall be construed as modifying, repealing, superseding, or preempting any municipal, State or Federal law or regulation, or in any way affecting litigation arising from oil spills or the rights and responsibilities of the United States or the State of Alaska, or municipalities thereof, to preserve and protect the environment through regulation of land, air, and water uses, of safety, and of related development. The monitoring provided for by this section shall be designed to help assure compliance with applicable laws and regulations and shall only extend to activities—

(A)

that would affect or have the potential to affect the vicinity of the terminal facilities and the area of crude oil tanker operations included in the Programs; and

(B)

are subject to the United States or State of Alaska, or municipality thereof, law, regulation, or other legal requirement.

(2)

Recommendations

(o)

Alternative voluntary advisory group in lieu of Council

The requirements of subsections (c) through (l), as such subsections apply respectively to the Prince William Sound Program and the Cook Inlet Program, are deemed to have been satisfied so long as the following conditions are met:

(1)

Prince William Sound

(2)

Cook Inlet

(Pub. L. 101–380, title V, § 5002, Aug. 18, 1990, 104 Stat. 544; Pub. L. 109–241, title IX, § 902(l)(2), July 11, 2006, 120 Stat. 568; Pub. L. 113–281, title III, § 318, Dec. 18, 2014, 128 Stat. 3051; Pub. L. 115–232, div. C, title XXXV, § 3547(e), Aug. 13, 2018, 132 Stat. 2328.)

cite as: 33 USC 2732