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U.S. Code as of:
01/19/04
Section 2732. Terminal and tanker oversight and monitoring
(a) Short title and findings
(1) Short title
This section may be cited as the "Oil Terminal and Oil Tanker
Environmental Oversight and Monitoring Act of 1990".
(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
There are established 2 Oil Terminal and Oil Tanker
Environmental Oversight and Monitoring Demonstration Programs
(hereinafter referred to as "Programs") to be carried out in the
State of Alaska.
(2) Advisory function
The function of these Programs shall be advisory only.
(3) Purpose
The Prince William Sound Program shall be responsible for
environmental monitoring of the terminal facilities in Prince
William Sound and the crude oil tankers operating in Prince
William Sound. The Cook Inlet Program shall be responsible for
environmental monitoring of the terminal facilities and crude oil
tankers operating in Cook Inlet located South of the latitude at
Point Possession and North of the latitude at Amatuli Island,
including offshore facilities in Cook Inlet.
(4) Suits barred
No program, association, council, committee or other
organization created by this section may sue any person or
entity, public or private, concerning any matter arising under
this section except for the performance of contracts.
(c) Oil Terminal Facilities and Oil Tanker Operations Association
(1) Establishment
There is established an Oil Terminal Facilities and Oil Tanker
Operations Association (hereinafter in this section referred to
as the "Association") for each of the Programs established under
subsection (b) of this section.
(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
Each Association shall be responsible for reviewing policies
relating to the operation and maintenance of the oil terminal
facilities and crude oil tankers which affect or may affect the
environment in the vicinity of their respective terminals. Each
Association shall provide a forum among the owners and operators
of the terminal facilities, the owners and operators of crude oil
tankers calling at those facilities, the United States, and the
State of Alaska to discuss and to make recommendations concerning
all permits, plans, and site-specific regulations governing the
activities and actions of the terminal facilities which affect or
may affect the environment in the vicinity of the terminal
facilities and of crude oil tankers calling at those facilities.
(4) Designation of existing organization
The Secretary may designate an existing nonprofit organization
as an Association under this subsection if the organization is
organized to meet the purposes of this section and consists of at
least the individuals listed in paragraph (2).
(d) Regional Citizens' Advisory Councils
(1) Membership
There is established a Regional Citizens' Advisory Council
(hereinafter in this section referred to as the "Council") for
each of the programs established by subsection (b) of this
section.
(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
The term of the Councils shall continue throughout the life
of the operation of the Trans-Alaska Pipeline System and so
long as oil is transported to or from Cook Inlet.
(B) Three years
The voting members of each Council shall be appointed for a
term of 3 years except as provided for in subparagraph (C).
(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) of this section, 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
Each Council shall elect its own chairperson, select its own
staff, and make policies with regard to its internal operating
procedures. After the initial organizational meeting called by
the Secretary under subsection (i) of this section, each Council
shall be 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) of this section, 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) of this section, 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
No Council shall be held liable under State or Federal law for
costs or damages as a result of rendering advice under this
section. Nor shall any advice given by a voting member of a
Council, or program representative or agent, be grounds for
estopping the interests represented by the voting Council members
from seeking damages or other appropriate relief.
(8) Scientific work
In carrying out its research, development and monitoring
functions, each Council is authorized to conduct its own
scientific research and shall review the scientific work
undertaken by or on behalf of the terminal operators or crude oil
tanker operators as a result of a legal requirement to undertake
that work. Each Council shall also review the relevant scientific
work undertaken by or on behalf of any government entity relating
to the terminal facilities or crude oil tankers. To the extent
possible, to avoid unnecessary duplication, each Council shall
coordinate its independent scientific work with the scientific
work performed by or on behalf of the terminal operators and with
the scientific work performed by or on behalf of the operators of
the crude oil tankers.
(e) Committee for Terminal and Oil Tanker Operations and
Environmental Monitoring
(1) Monitoring Committee
Each Council shall establish a standing Terminal and Oil Tanker
Operations and Environmental Monitoring Committee (hereinafter in
this section referred to as the "Monitoring Committee") to devise
and manage a comprehensive program of monitoring the
environmental impacts of the operations of terminal facilities
and of crude oil tankers while operating in Prince William Sound
and Cook Inlet. The membership of the Monitoring Committee shall
be made up of members of the Council, citizens, and recognized
scientific experts selected by the Council.
(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
Each Council shall establish a standing technical committee
(hereinafter referred to as "Oil Spill Committee") to review and
assess measures designed to prevent oil spills and the planning
and preparedness for responding to, containing, cleaning up, and
mitigating impacts of oil spills. The membership of the Oil Spill
Committee shall be made up of members of the Council, citizens,
and recognized technical experts selected by the Council.
(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
On and after the expiration of the 180-day period following
August 18, 1990, each Federal department, agency, or other
instrumentality shall, with respect to all permits, site-specific
regulations, and other matters governing the activities and actions
of the terminal facilities which affect or may affect the vicinity
of the terminal facilities, consult with the appropriate Council
prior to taking substantive action with respect to the permit,
site-specific regulation, or other matter. This consultation shall
be carried out with a view to enabling the appropriate Association
and Council to review the permit, site-specific regulation, or
other matters and make appropriate recommendations regarding
operations, policy or agency actions. Prior consultation shall not
be required if an authorized Federal agency representative
reasonably believes that an emergency exists requiring action
without delay.
(h) Recommendations of Council
In the event that the Association does not adopt, or
significantly modifies before adoption, any recommendation of the
Council made pursuant to the authority granted to the Council in
subsection (d) of this section, the Association shall provide to
the Council, in writing, within 5 days of its decision, notice of
its decision and a written statement of reasons for its rejection
or significant modification of the recommendation.
(i) Administrative actions
Appointments, designations, and selections of individuals to
serve as members of the Associations and Councils under this
section shall be submitted to the Secretary prior to the expiration
of the 120-day period following August 18, 1990. On or before the
expiration of the 180-day period following August 18, 1990, the
Secretary shall call an initial meeting of each Association and
Council for organizational purposes.
(j) Location and compensation
(1) Location
Each Association and Council established by this section shall
be located in the State of Alaska.
(2) Compensation
No member of an Association or Council shall be compensated for
the member's services as a member of the Association or Council,
but shall be allowed travel expenses, including per diem in lieu
of subsistence, at a rate established by the Association or
Council not to exceed the rates authorized for employees of
agencies under sections 5702 and 5703 of title 5. However, each
Council may enter into contracts to provide compensation and
expenses to members of the committees created under subsections
(d), (e), and (f) of this section.
(k) Funding
(1) Requirement
Approval of the contingency plans required of owners and
operators of the Cook Inlet and Prince William Sound terminal
facilities and crude oil tankers while operating in Alaskan
waters in commerce with those terminal facilities shall be
effective only so long as the respective Association and Council
for a facility are funded pursuant to paragraph (2).
(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 more than
$1,000,000, 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
Prior to the expiration of the 36-month period following August
18, 1990, each Association and Council established by this
section shall report to the President and the Congress concerning
its activities under this section, together with its
recommendations.
(2) GAO
Prior to the expiration of the 36-month period following August
18, 1990, the General Accounting Office shall report to the
President and the Congress as to the handling of funds, including
donated funds, by the entities carrying out the programs under
this section, and the effectiveness of the demonstration programs
carried out under this section, together with its
recommendations.
(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 Transportation.
(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
This subsection is not intended to prevent the Association or
Council from recommending to appropriate authorities that
existing legal requirements should be modified or that new legal
requirements should be adopted.
(o) Alternative voluntary advisory group in lieu of Council
The requirements of subsections (c) through (l) of this section,
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
With respect to the Prince William Sound Program, the Alyeska
Pipeline Service Company or any of its owner companies enters
into a contract for the duration of the operation of the
Trans-Alaska Pipeline System with the Alyeska Citizens Advisory
Committee in existence on August 18, 1990, or a successor
organization, to fund that Committee or organization on an annual
basis in the amount provided for by subsection (k)(2)(A) of this
section and the President annually certifies that the Committee
or organization fosters the general goals and purposes of this
section and is broadly representative of the communities and
interests in the vicinity of the terminal facilities and Prince
William Sound.
(2) Cook Inlet
With respect to the Cook Inlet Program, the terminal
facilities, offshore facilities, or crude oil tanker owners and
operators enter into a contract with a voluntary advisory
organization to fund that organization on an annual basis and the
President annually certifies that the organization fosters the
general goals and purposes of this section and is broadly
representative of the communities and interests in the vicinity
of the terminal facilities and Cook Inlet.
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