July 20, 1989 EXTENSIONS OF REMARKS 15693 EXTENSIONS OF REMARKS THE "EXXON VALDEZ" SPILL The oil companies made many pledges in broken our promises to the people of the the anxious days nearly 20 years ago when state." declares Theo Polasek, Alyeska's vice Congress was weighing their audacious plan president of operations. HON. GEORGE MILLER to run an 800-mile pipe, filled with hot pe Alyeska is owned and funded by seven oil OF CALIFORNIA troleum, across the fragile frozen wilder companies. A British Petroleum unit has IN THE HOUSE OF REPRESENTATIVES ness. The industry would offer the world's just over 50% of Alyeska
e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 15694 EXTENSIONS OF REMARKS July 20, 1989 quality of water flowing into the harbor, denied this repeatedly, saying the terminal Ivan Henman, Alyeska's vice president for and dismantled heaters designed to help had produced only 480 cubic yards of sludge environmental operations, contends that separate oil from the water. Alyeska says it in its nine years of operation between 1977 the only thing coming out of the hole was couldn't find a reliable continuous monitor and 1985. But Alyeska's records show that nitrogen, a few other harmless gases and a ing system, and the heaters were a mainte as early as 1980, it was looking for ways to little water. He says the alarms must have nance nightmare. dispose promptly of 4,200 cubic yards of been triggered by oxygen leaching in. But Mr. Woodle says Alyeska management sludge. Alyeska says most of that turned out state regulatory experts and Alyeska em told him when he arrived that the treat not to be sludge after all. ployees familiar with the system say that ment facility probably couldn't meet EPA EPA PROBE gases where the leak occurred usually con standards. One way Alyeska got around Alyeska initially refused to comply with a tain very little nitrogen or the other compo this, he and some other current and former subpoena the EPA issued in an investigation nents Mr. Henman cites; that oxygen can't employees say, was to send samples of treat of water quality. The agency sued and even easily force its way into the pipe; and that ed ballast water 1,200 miles to Seattle for tually got a look, but Alyeska succeeded in in any case the alarms are designed to meas testing; by the time it got there, some of the stalling the probe for months. EPA lawyers ure hydrocarbons and only in rare circum pollutants had decayed, so test results were say Mr. Nelson ducked their inquiries for stances could be triggered by anything else. usually within limits. weeks at a time, and when they finally got "We think their explanation is sheerest fic "Had we tested them in Valdez, they him to schedule an interview in the fall of tion," says Bill MacClarence, a DEC air would have been off the scale," Mr. Woodle 1985, he didn't show up. Mr. Nelson says he quality expert. The state has begun an in says. In any case, he adds, Alyeska dumped doesn't recall ever missing any interviews vestigation to the leak. the water into the harbor long before the with the EPA. Eventually, he was ques test results came back from Seattle. tioned. TROUBLED SYSTEM (Alyeska says it sent the samples out only Last year, the EPA issued an investigatory Alyeska's vapor disposal system has been because before 1985 it didn't have the abili finding that, contrary to Mr. Nelson's asser trouble almost since the start. To save ty to test properly in Valdez.) tions, Alyeska in fact had routinely recycled money, Alyeska built only three of the four THE MIRACLE BARREL sludge through its ballast-water system. Al incinerators called for in designs approved Alyeska also tests the oil extracted from though the EPA said it was unable to sub by Congress. Internal Alyeska documents ballast water before putting the oil into the stantiate allegations of doctored tests, it show the incinerators have been operated at terminal's storage tanks, to make sure it found that much of Alyeska's data was inac lower temperatures than they're designed doesn't contain too much water. Erlene curate and some of its equipment was for-again, to save money, workers familiar Blake, a technician in Alyeska's testing lab broken down or disconnected. During and with the system say. Special fixtures meant oratory from 1977 to 1983, asserts that it since the three-year probe, Alyeska has to assure that as much of the vapor as possi was "standard operating procedure" to made several improvements ordered by the ble is burned up were disconnected-to save doctor test results if they weren't within the EPA. But after six years it is still fighting money. limits. She and some other past and present regulators' demands to cut the amounts of These and other procedures have left the employees say that if repeated tests of oil toxic hydrocarbons it can discharge into incinerators cracked and decrepit long samples didn't produce acceptable readings, Valdez harbor, and it continues to dump before their time. What's more, partly be their supervisors would draw a new sample water that is sometimes far above the levels cause Alyeska built the system's loop of from what became known as the "the mira regulators seek. "With all the money Alyeska and the U.S. pipe out of carbon steel instead of stainless, cle barrel"-a container of oil that always the loop has sprung dozens of leaks over the tested within legal limits. taxpayer have spent squabbling over this thing, you could have built a real fine treat years, say regulators and Alyeska employ Steve Eward, a technician from 1977 to ees. 1980, says he was frequently ordered to dis ment system," says Harold Geren, an EPA water-quality expert. As early as 1981, the whole system had to connect the meter that measures how much be shut down for nine months, during which treated ballast water was being flushed into WRANGLING OVER AIR POLLUTION time literally tons of hydrocarbons the harbor. The rates and amounts Alyeska Alyeska has shown similar resistance to streamed into the atmosphere. Internal is permitted to dump are set by federal law, improving its air-pollution controls. In the Alyeska records show that between 1980 and but Mr. Eward and others say the laws were early 1980s, the Valdez city council tried to 1985, the system was shut down an average often ignored. "The way around it was to get Alyeska and its oil-company owners to of one day in five. State regulations and the shut off the mechanism for gauging how make tankers burn low-sulfur fuel while in EPA say pollution from system failures sky much we dumped," he says. "There was no port to reduce pollution. Alyeska and its rocketed when the pipeline started carrying other way for the regulators to check it." owners argued, among other things, that high levels of natural-gas liquids in January Alyeska always has heatedly denied falsi they couldn't do that because tankers would 1987. The liquids vaporize more readily than fying test results or deliberately disconnect have to be refitted at high cost. However, oil. ing equipment to skirt environmental regu many of the tankers are already equipped lations. Ms. Blake, another former techni for low-sulfur fuel because it is required at AL YESKA RESPONDS cian and a current employee all testified certain West Coast terminals. The oil-indus Alyeska's response to problems in its before the state public utility commission try argument was "a lie, and we knew it was vapor system has followed the same pattern that they had fabricated test results. How a lie," says Jerry Nebel, a former Alyeska as the reaction to water-pollution charges. ever, the commission ruled in 1987 that supervisor whose last position at the termi First, it denied them. For example, in the Alyeska hadn't knowingly done so, finding nal, in 1983, was oil-spill coordinator. summer of 1987, Mr. Henman was maintain only testing "irregularities." More recently, the terminal has drawn ing to regulators and in public comments UNENDING DISPUTES fire for its system for burning off poisonous that Alyeska didn't know until late 1986 Nonetheless, the water Alyeska pours in vapors that build up in the oil storage tanks. that natural-gas liquids would present any the harbor has been the focus of unending A long pipe funnels the gases into a series of undue problems. Yet an internal Alyeska disputes, and despite the occasional negative incinerators, where they're burned. If the study has warned in March 1985 that the publicity these disputes engendered, system can't draw the gases off fast enough, expected increase in natural-gas liquids Alyeska has dug in its heels. The company emergency vents in the tanks open and the would burden the system and recommended once has a permit to dump water containing toxic vapors shoot untreated into the sky. that all the incinerators "be brought up to concentrations of highly toxic aromatic hy About a year and a half ago, the pipe sprang maximum operational/mechanical efficien drocarbon, mainly benzene, toluene and a leak in a hard-to-reach spot near the ter cy" beforehand. They weren't. Mr. Henman xylene, as high as nine parts per million. minal's power plant. Periodically, Alyeska now says that he never misled anyone on When that permit expired in 1983, state and workers familiar with the system say, liquid the issue, but that the liquids posed unan federal regulators demanded that in a new hydrocarbons dribbled out, collecting in ticipated problems, for the system's inciner permit the limit be cut as much as 85 per puddles. From time to time, vapors wafting ators. cent. Alyeska tied them up in the EPA's ad from the leak triggered warning alarms of After resisting pressure to improve the ministrative process, while continuing to potentially dangerous gas buildup. system for years, Alyeska finally embarked dump at far higher levels than the regula UNPLUGGED LEAK on a $15 million upgrade just before the tors considered acceptable. Alyeska at times placed patches over the spill in March. At a meeting in Bellevue, By 1985, regulators suspected Alyeska was leak, but didn't get around to a permanent Wash., state and EPA officials say, Alyeska recycling sludge through the ballast-water repair job for nearly 18 months. Alyeska also agreed to test emission levels from the system and discharging it in the harbor, in didn't report the problem to state regulators incinerators before overhauling them, so violation of the federal Clean Water Act. until the day it began repairs last month regulators could judge whether the upgrade George Nelson, the Alyeska president, an apparent violation of law, regulators say. really improves air quality. ------
July 20, 1989 EXTENSIONS OF REMARKS 15695 POLLUTANTS FROM TANKERS Asked about it, Thomas F. Brennan, an doesn't specifically "call for the barge being But in May, Alyeska changed its mind, ar Alyeska spokesman, says the drill was de loaded." guing in a letter to a state attorney general signed to feature equipment failures "so the Indeed, Alyeska now contends it wasn't ac that the incinerators are "in a state of unre crew could be trained and adaptable to that tually required to be able to do the things it paired malfunction," so tests wouldn't be kind of situation." An employee familiar said it was able to do in its contingency representative. This argument astounded with the drill says that isn't so. "In a fire plan. Larry Shier, manager of the marine regulators, who have spent years hearing drill you're supposed to put out the fire," he terminal, told investigators from the Na Alyeska insist its incinerators were fine. says. "That didn't happen. The equipment tional Transportation Safety Board at hear
15700 EXTENSIONS OF REMARKS July 20, 1989 people whether they are citizens. This, cal superiority was taken from us. It is time we (4) to construct and equip temporary or Conner argues, would show how many non· started fighting back. permanent public works, including build citizens had been counted in each jurisdic The National Academy of Science, Space, ings, facilities, appurtenances, and utilities, tion. and Technology Act would help us regain our at such location. Jim Gorman, spokesman for the U.S. SEC. 5. TEMPORARY FACILITIES. Census Bureau, contends that excluding il superiority in the high technology world of the nineties. It would provide a Government-spon For the purpose of providing temporary legal aliens from the count is unconstitu facilities and enabling early operation of the tional. Gorman says, "We count everyone sored education and research center to attract the finest minds in the country. The Academy Academy, the Secretary of Education is au except temporary residents. That's the way thorized to provide for the erection of the we read the Constitution." would serve as a focus for our country's re minimum additional number of temporary • • • • newed efforts in the fields of science and buildings and the modification of existing technology. The country would benefit greatly structures and facilities on existing govern by the Government service requirements of ment property and to provide for the proper NATIONAL ACADEMY OF SCI Academy admission, and by the gradual influx functioning, equipping, maintaining, and re ENCE, SPACE, AND TECHNOLO of Academy students into the private sector. pairing thereof. The Secretary may contract with institutions for such operation or in GY Mr. Speaker, this legisl~tion opens a window of opportunity for students of all in struction as he deems necessary. comes and backgrounds. It is a small step for SEC. 6. COURSE OF STUDY AND ORGANIZATIONS; HON. JAMES A. TRAFICANT, JR. Congress, and a giant leap for the future of APPOINTMENT OF OFFICIALS. The Secretary of Education, with the OF OHIO our country. I hope to see it passed. advice of the Commission, shall determine IN THE HOUSE OF REPRESENTATIVES The full text of my bill is as follows: the course of study and the organizational H.R.- Thursday, July 20, 1989 structure of the Academy, and shall estab Be it enacted by the Senate and House of lish such rules and appoint such officials as Mr. TRAFICANT. Mr. Speaker, I rise today, Representatives of the United States of are necessary to provide for the operation of on the anniversary of man's first steps on the America in Congress assembled, the Academy. Moon, not to look back on the great accom SECTION I. SHORT TITLE. SEC. 7. ADMISSIONS. plishments of this country, but to look forward This Act may be cited as the "National The Secretary of Education, with the to a rededication of our country to the goals Academy of Science, Space, and Technology advice of the Commission, shall determine and ideals that led us to the Moon 20 years Act". the size of the student body at the Academy ago. SEC. 2. ESTABLISHMENT OF NATIONAL ACADEMY. and shall oversee all admissions procedures. Today I am introducting legislation to pro There is established in the Department of Admissions to the academy shall be deter Education a National Academy of Science, mined in the following manner: vide for a National Academy of Science, Space, and Technology (hereinafter re <1) Each Senator and Representative shall Space, and Technology. This Academy would ferred to as the "Academy"), for the in nominate not more than 20 persons, who be a sibling of West Point, the Naval Acade struction and preparation for Federal serv shall be eligible to take a competitive exami my, and the Air Force Academy. It would at ice of selected persons. nation which shall be held annually. The tract the finest young minds in the country, SEC. 3. ESTABLISHMENT OF ADVISORY COMMIS· number of vacancies allocated to each State who would achieve admission to the Academy SION. shall be proportional to the representation by means of congressional appointment and There is established a commission
29-059 0-90-32 (Pt. 11) 15708 EXTENSIONS OF REMARKS July 20, 1989 H.R.- (b) DONATIONS.-Notwithstanding any landmarks listed below. Documentation of Be it enacted by the Senate and House of other provision of law, the Secretary may these sites and objects shall comprise de Representatives of the United States of accept and retain donations of funds, prop tailed drawings, measurements, and photo America in Congress assembled, erty, or services from individuals, founda graphs through the Historic American SECTION 1. ESTABLISHMENT. tions, corporations, or public entities for the Buildings Survey and the Historic American IN GENERAL.-In order to commemo purpose of providing services and facilities Engineering Record. This documentation rate the internationally historic event of which he deems consistent with the pur shall be conducted in cooperation with the the first manned landing on the moon and poses of this Act. chief administrative officer of the control the events leading to that accomplishment, SEC. 4. DETACHED SITES. ling agency and shall be completed one year and to recognize the overall historic at (a) ESTABLISHMENT OF DETACHED SITES.-In after enactment of this Act. At the conclu tributes of America's space program for the order to further the protection of additional sion of this survey, the chief administrative benefit, education, and inspiration of sites and objects as detached units of the officer of the controlling agency shall retain present and future generations of Ameri park that are of seminal importance in the control over the maintenance, preservation, cans, the Secretary of the Interior