EXTENSIONS of REMARKS February 21, 1985 EXTENSIONS of REMARKS COMPREHENSIVE OIL POLLU the Form of H.R
Total Page:16
File Type:pdf, Size:1020Kb
3060 EXTENSIONS OF REMARKS February 21, 1985 EXTENSIONS OF REMARKS COMPREHENSIVE OIL POLLU the form of H.R. 85. I used the same I then called this legislation to the TION LIABILITY AND COMPEN number to remind my colleagues of personal attention of a number of my SATION the promise made to move on oil pollu Senate colleagues, highlighting the tion legislation right after hazardous need to compensate those who are vic HON. MARIO BIAGGI substances pollution legislation was in timized by oilspills and to provide suf OF NEW YORK place. Hon. GERRY STUnns, new chair ficient funding for the cost of oil re man of the Subcommittee on Coast IN THE HOUSE OF REPRESENTATIVES moval. I indicated that a number of Guard and Navigation, moved rapidly compromises had been worked out and Thursday, February 21, 1985 and effectively and, by May 1981, was that I felt the legislation was accepta e Mr. BIAGGI. Mr. Speaker, the able to get this legislation reported to ble to all parties. I noted that further Committee on Merchant Marine and the House. However, due to pressing delay would mean continued inad Fisheries has for more than 10 years problems within other committees equate compensation for losses due to been directly involved in the develop having joint jurisdiction, this legisla oil pollution and the continuing patch ment of legislation to provide a com tion was not acted upon. work of conflicting State and Federal prehensive, equitable, and effective Undaunted, during the early days of laws. A number of additional changes means of establishing liability and pro the 98th Congress, I once again intro were proposed to the oil pollution viding compensation for cleanup costs duced a comprehensive oil pollution li title; but, in the waning days of the and injuries resulting from oilspills. As ability and compensation bill on 98th Congress, H.R. 5640 failed to be a matter of fact, the committee has March 6, 1983. H.R. 2115 was identical enacted-primarily due to problems in been involved with oil pollution liabil to H.R. 85 of the prior Congress. Hon. volving hazardous substances liability ity and compensation issues since prior GERRY STUDDS introduced H.R. 2222, and compensation. to the catastrophic grounding and which was similar to my bill but which Mr. Speaker, I have briefly discussed breakup of the crude oil tanker Torrey restricted coverage to vessels and pro the history of oil pollution liability Canyon off the coast of Great Britain vided for the eventual adoption of an and compensation so that Members in 1967. international treaty. Hon. DON YOUNG can readily see that the issue has been I have been personally involved with introduced H.R. 2368, which was also long and carefully considered. I still these issues since I was first elected to similar to my bill, except that it pro feel that oil pollution legislation and Congress in 1969. During the 95th vided for administration of the oil pol hazardous substances legislation Congress, as chairman of the Subcom lution fund by a nonprofit corpora should be handled separately-and mittee on Coast Guard and Naviga tion. this is evidenced by what happened, tion, I was able to see to the passage of These bills served as the focus of once again, during the last Congress. oil pollution liability and compensa consideration by the Committee on Therefore, together with a number of tion legislation-in the form of H.R. Merchant Marine and Fisheries and my colleagues, I am cosponsoring oil 6803-by the House by a recorded vote led to a compromise in the form of pollution liability and compensation of 332 to 59. H.R. 3278, which was reported to the legislation-hopefully, for the last During the 96th Congress, in Sep House on August 2, 1983 CRept. 98-340 time. This is a major piece of unfin pt. 1). We then urged the House Com tember 1980, I again brought a similar mittee on Public Works and Transpor ished business from prior Congresses bill to the House floor. H.R. 85 was tation to act favorably on H.R. 3278 that continues to have considerable bi passed by a recorded vote of 288 to 11. and cited the voluminous record of partisan support. It failed of enactment due to two hearings and prior legislative action For many years, this type of legisla other areas of environmental concern: that we felt fully supported the need tion has had strong administration Spills of hazardous substances and for immediate action. support. About 4 years ago, however, abandoned hazardous waste dump The bill was generally acceptable to the administration reversed its posi sites. I don't think I need to remind the industry, the administration, envi tion and opposed the legislation due anyone of the Love Canal issues and ronmental groups, and public interest to, I believe, a misunderstanding of problems that were generated and groups. As a matter of fact, prior ad the effects of funding and operation of that are still being generated. At that ministration opposition to a bill of this the oil pollution fund. Fortunately, time, I felt oil pollution should be han type was reversed on April 30, 1984, by the administration reversed its posi dled separately; however, they were a letter from the Secretary of Trans tion in 1984 and is again in strong sup joined into one bill. portation to the Committee on Public port of this legislation. The Senate took the most important Works and Transportation. This sig The administration continues to be hazardous substances spill provisions nificant new development clearly dem concerned with the oil pollution from the House-amended H.R. 85- onstrated that a bill acceptable both threat and has also been active in at containing both oil and hazardous sub to the administration and the Con tempting to improve international oil stances-and combined them with the gress was possible. pollution liability and compensation hazardous waste dumpsite provisions On August 8, 1984, Hon. JOHN schemes. In 1984, this concern culmi of H.R. 7020. In a spirit of compromise BREAUX-a member of both the Com nated in a diplomatic conference that and in the national interest, I agreed mittee on Merchant Marine and Fish amended existing treaties so as to be to support the revised version of H.R. eries and the Committee on Public more compatible with U.S. interests. 7020, which did not contain my oilspill Works and Transportation-moved the This will be a significant contribution provisions. During the waning days of provisions of H.R. 3278 into an amend to arriving at solutions that are inter the 96th Congress, H.R. 7020 was ment to title V of H.R. 5640-a bill to nationally as well as domestically ac adopted by the Congress and signed amend the Comprehensive Environ ceptable. This bill will also be the ve into law on December 11, 1980, as mental Response, Compensation, and hicle for solving these international oil Public Law 96-510. Liability Act of 1980. On August 10, pollution problems. During the 97th Congress, I again 1984, the oil pollution amendment was Public concern over the need for this introduced a comprehensive oil pollu adopted, and the House passed H.R. type of legislation was generated when tion liability and compensation bill in 5640 by a recorded vote of 322 to 33. the tank vessel Torrey Canyon ground- e This "bullet" symbol identifies statements or insenions which are not spoken by the Member on the floor. February 21, 1985 EXTENSIONS OF REMARKS 3061 ed off the southwest coast of England part of spillers for the cost of cleanup. Minimize the bureaucracy. in 1967, spilling approximately 100,000 These acts, however, do not address I reiterate my prior conviction that tons of crude oil that fouled the themselves to the question of damages this bill is practicable in application shores of the British Isles and the other than for the cost of cleanup. and fully considers the needs of those coast of France. Public concern was Three other Federal statutes have who are victimized by oil pollution. I again highlighted in 1969 when a pro been enacted which do address the firmly believe that we must act now in duction platform off Santa Barbara, problems of liability for damages. In the public interest to provide a com CA, suffered a blowout that dis the 1973 Trans-Alaska Pipeline Au prehensive oil pollution liability and charged untold amounts of oil before thorization Act, the Congress-for the compensation scheme. I, therefore, it could be brought under control. first time-addressed the issue of li urge the strong support of all Mem Since then, numerous other casual ability for oil pollution damage from bers in cosponsoring this important ties have highlighted the oil pollution vessels other than cleanup costs. A legislation.• problem and the need for a national similar scheme of liability and com and comprehensive oilspill liability pensation was also established in the and compensation scheme-a most Deepwater Port Act of 1974 for oil pol STOP THE RED INK noteworthy one being the grounding lution damage from offshore facilities of the tank vessel Argo Merchant off constructed pursuant to the act or Nantucket in 1976. One particular cas from vessels at those facilities. The HON. BILL LOWERY ualty-the grounding of the very large Outer Continental Shelf Lands Act OF CALIFORNIA crude carrier Amoco Cadiz-of 228,513 Amendments of 1978 established a IN THE HOUSE OF REPRESENTATIVES tons-off the coast of France on similar liability and compensation March 16, 1978-is a more recent and scheme for oil pollution damage relat Thursday, February 21, 1985 memorable reminder of the need to es ed to OCS activities.