Legislature(2009 - 2010)BARNES 124
03/11/2009 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HJR19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 19 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 11, 2009
1:03 p.m.
MEMBERS PRESENT
Representative Craig Johnson, Co-Chair
Representative Bryce Edgmon
Representative Paul Seaton
Representative David Guttenberg
Representative Scott Kawasaki
Representative Chris Tuck
MEMBERS ABSENT
Representative Mark Neuman, Co-Chair
Representative Kurt Olson
Representative Peggy Wilson
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 19
Recognizing the 20th anniversary of the Exxon Valdez oil spill
and supporting the continued practice of accompanying each oil
tanker through Prince William Sound with at least a two vessel
escort.
- MOVED HJR 19 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 19
SHORT TITLE: OIL TANKER ESCORT VESSELS/OIL SPILL ANNIV
SPONSOR(s): REPRESENTATIVE(s) AUSTERMAN
02/23/09 (H) READ THE FIRST TIME - REFERRALS
02/23/09 (H) RES
03/11/09 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
ERIN HARRINGTON, Staff
Representative Alan Austerman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR 19 on behalf of the sponsor,
Representative Austerman.
DOROTHY MOORE, Representative
Prince William Sound Regional Citizens' Advisory Council
Valdez, Alaska
POSITION STATEMENT: Supported HJR 19.
ALVIN BURCH, Representative
Kodiak Island Borough
Alaska Whitefish Trawlers Association
Kodiak, Alaska
POSITION STATEMENT: Supported HJR 19.
IVER MALUTIN, Representative
Prince William Sound Regional Citizens' Advisory Council
Kodiak, Alaska
POSITION STATEMENT: During hearing on HJR 19, pointed out that
oil spill prevention protects the food supply of Natives.
JOHN VELSKO, Representative
Prince William Sound Regional Citizens' Advisory Council
Homer, Alaska
POSITION STATEMENT: Supported HJR 19.
PETER LAPINSKI, Representative
Inland Boatmen's Union of the Pacific
Ketchikan, Alaska
POSITION STATEMENT: Supported HJR 19.
PATIENCE ANDERSON-FAULKNER, President
Prince William Sound Regional Citizens' Advisory Council
Cordova, Alaska
POSITION STATEMENT: Supported HJR 19.
STAN JONES, Director of External Affairs
Prince William Sound Regional Citizens' Advisory Council
Anchorage, Alaska
POSITION STATEMENT: During hearing on HJR 19, provided
supporting information.
JOEL KENNEDY, Project Manager
Maritime Operations Manager
Prince William Sound Regional Citizens' Advisory Council
(No address provided)
POSITION STATEMENT: Supported HJR 19.
JOHN FRENCH, Ph.D., Representative
Prince William Sound Regional Citizen's Advisory Council
Seward, Alaska
POSITION STATEMENT: Supported HJR 19.
JERRY MCCUNE, Representative
United Fishermen of Alaska
Cordova, Alaska
POSITION STATEMENT: During hearing on HJR 19, supported a two
tug escort system for oil tankers.
LARRY DIETRICK, Director
Division of Spill Prevention & Response
Department of Environmental Conservation
Juneau, Alaska
POSITION STATEMENT: Provided information and answered questions
during hearing on HJR 19.
ACTION NARRATIVE
1:03:11 PM
CO-CHAIR CRAIG JOHNSON called the House Resources Standing
Committee meeting to order at 1:03 p.m. Representatives
Johnson, Seaton, Kawasaki, Edgmon, Tuck, and Guttenberg were
present at the call to order.
HJR 19-OIL TANKER ESCORT VESSELS/OIL SPILL ANNIV
1:03:19 PM
CO-CHAIR JOHNSON announced that the only order of business would
be HOUSE JOINT RESOLUTION NO. 19, Recognizing the 20th
anniversary of the Exxon Valdez oil spill and supporting the
continued practice of accompanying each oil tanker through
Prince William Sound with at least a two vessel escort.
ERIN HARRINGTON, Staff, Representative Alan Austerman, Alaska
State Legislature, presented HJR 19 on behalf of Representative
Austerman, sponsor. She said the resolution recognizes the
twentieth anniversary of the Exxon Valdez oil spill and supports
continuation of the practice of dual tug escorts for loaded oil
tankers traversing Prince William Sound.
MS. HARRINGTON recounted that nearly 11 million gallons of crude
oil spilled into Prince William Sound when the Exxon Valdez ran
aground on Bligh Reef on March 24, 1989. The oil spill reached
as far away as Chignik on the Alaska Peninsula. Approximately
1,300 miles of coastline were oiled, including the coastline of
Kodiak which is within Representative Austerman's district. The
estimated initial death toll from the spill included 250,000 sea
birds, 2,800 sea otters, 300 harbor seals, 250 bald eagles, up
to 22 killer whales, and billions of salmon and herring eggs and
intertidal plants and animals. Some of the injured species are
still recovering today, she said.
1:05:41 PM
MS. HARRINGTON related that the Oil Pollution Act of 1990 (OPA
1990), passed by the U.S. Congress, addressed preventing,
responding to, and paying for oil pollution incidents in
navigable waters of the U.S. One of OPA's several provisions
requires that single-hulled tankers operating in Prince William
Sound and Puget Sound be escorted by two tugs. The State of
Alaska also passed legislation and AS 46.04.030 requires
shippers operating in Alaska to have oil spill prevention and
contingency plans in place and that these plans must be approved
by the Department of Environmental Conservation (DEC).
MS. HARRINGTON noted that under the state's current oil spill
prevention and contingency plan for Prince William Sound, a two
tug escort is required for double-hulled tankers as well as for
single-hulled tankers. Since 1989 improvements have been made
in the shipping industry and in vessels. It is anticipated that
within one to two years, there will be no more single-hulled
vessels operating in Prince William Sound and the entire fleet
will be double hulled.
1:08:03 PM
MS. HARRINGTON explained that since OPA's two-tug requirement
applies only to single-hulled vessels, there is some question as
to whether this requirement will be continued once all the
vessels are double hulled. In addition, the state's oil spill
prevention and contingency plans can be reviewed, amended, and
changed with approval from the Department of Environmental
Conservation. There is concern among Representative Austerman's
constituents and members of the Prince William Sound Regional
Citizens' Advisory Council that as single-hulled tankers
transfer out of Prince William Sound there will be a move toward
requiring only a one-tug instead of a two-tug escort. She said
the Regional Citizens' Advisory Council (RCAC) system predates
OPA and was used as the model for establishing an RCAC system
under OPA.
MS. HARRINGTON pointed out that HJR 19 addresses this expressed
concern. The system currently in place has worked - there have
been no catastrophic oil spills in Prince William Sound since
1989. A system that works should be kept in place, which is why
the Prince William Sound RCAC strongly supports the current two-
tug escort system. She said Representative Austerman agrees and
HJR 19 asks that the dual-tug system remain in place.
1:10:24 PM
MS. HARRINGTON directed attention to a photograph in the
committee packets depicting a tanker being escorted by two tugs
and described what is occurring in the picture. The tanker is
traveling toward the top of the page, or away from the viewer,
she explained. A line [from the tanker's stern] is attached to
[the stern of] a tug that is traveling backward behind the
tanker. This type of tug is designed to travel backward because
this allows the tug to immediately apply power to redirect the
tanker's course should that be needed. A second [untethered]
tug follows behind the first. Having the tugs follow the tanker
rather than leading it is the standard travelling procedure.
She noted that while the sea state in the photograph is calm,
that is not usually the case for Alaska's seas.
MS. HARRINGTON reiterated that the current dual-escort system
has been successful in preventing oil spills. She said the
resolution suggests, and Representative Austerman believes, that
this system should be retained to ensure continued protection of
the natural resources of Prince William Sound and the Gulf of
Alaska.
1:12:23 PM
REPRESENTATIVE SEATON surmised that redirecting of the tanker
means the tug would pull on the tanker to maintain whatever
course of direction is needed should there be a problem such as
the tanker's steering system locking up.
MS. HARRINGTON responded yes. A tanker is an enormous and heavy
vessel to stop, even when going slowly within the confines of
Prince William Sound. Because the tug is attached to the
tanker's stern, it can redirect the tanker's trajectory to avoid
reefs or other hazards should the tanker have some sort of
failure.
REPRESENTATIVE SEATON recalled seeing an email from one of the
shippers that indicated the current escort system is working
well and is a cost-effective method of oil spill prevention.
MS. HARRINGTON replied that she does not have a copy of that
email and would appreciate seeing it.
CO-CHAIR JOHNSON said he does not recall seeing the email.
1:14:29 PM
REPRESENTATIVE KAWASAKI, in reference to statements about no
further spills having occurred, asked where the double-escort
system had actually had an impact.
MS. HARRINGTON answered that there have been no major oil spills
in Prince William Sound, although there may have been spills
elsewhere that she is unaware of. She said she has not received
any information about any particular events that were avoided by
virtue of having a two-tug system and this is proof of an
effective system. She added that there have been groundings of
tankers and other large vessels in Alaska, including a December
2004 grounding of a cargo ship in the Aleutian Islands. The
environmental effects were significant, but because the ship was
carrying soy beans the impacts were not as severe as an oil
spill. In 2006, the Seabulk Pride, an oil tanker operating in
Cook Inlet, broke loose from a dock in Nikiski and ran aground,
but there was no oil spill because it was a double-hulled
tanker. However, she pointed out, there were no tug boats
immediately available, and it took several days to get the
tanker off the beach.
1:16:43 PM
REPRESENTATIVE KAWASAKI asked whether tug escorts are necessary
for double-hulled tankers.
MS. HARRINGTON responded that a double-hulled tanker is
certainly an improvement over a single-hulled tanker where a
breach of the first hull would directly result in an oil spill.
However, a double hull does not mean there is no potential for a
breach of the inner hull in a grounding and, given the impacts
of an oil spill, this extra caution is warranted.
1:18:02 PM
REPRESENTATIVE GUTTENBERG offered his support for HJR 19. He
inquired whether escort is required for laden oil tankers only
or for both laden and unladen.
MS. HARRINGTON understood the requirement is for loaded tankers,
but said she is not entirely sure. She deferred to the
Department of Environmental Conservation to answer the question.
REPRESENTATIVE EDGMON said he supports HJR 19 and the sponsor's
intent. He expressed his hope that an Exxon Valdez never comes
ashore in the form of the Pebble Mine. Action must be taken
before, not in the aftermath, he cautioned, as was done with the
Exxon Valdez oil spill.
CO-CHAIR JOHNSON opened public testimony.
1:21:29 PM
DOROTHY MOORE, Representative, Prince William Sound Regional
Citizens' Advisory Council, noted that Valdez has been her home
since 1949. She said she is a member of the Valdez City Council
and is the council's representative on the Prince William Sound
RCAC. She urged committee members to support HJR 19 because
mechanical, human, and natural factors can cause an oil spill.
She provided members with a list of seven tanker saves that
happened in Prince William Sound between 1989 and 2001 [compiled
by the Prince William Sound RCAC, dated March 5, 2009].
MS. MOORE said she believes the waters of Prince William Sound
are unique to the entire world and as such they need unique
preservation measures. All of the factors that were present in
1989 are present today, she cautioned, and Alaskans should not
become complacent again. In 1989, the Alyeska Pipeline Service
Company had dismantled its oil spill [response system] except
for one barge which was in dry dock. Alaskans must remain
continually vigilant and for 20 years the double escorts have
proven to eliminate groundings that could lead to an oil spill.
According to staff in the RCAC's Valdez office, she related, a
double hull on the Exxon Valdez would not have prevented an oil
spill, it would only have reduced it. The goal is to prevent
oil spills, not reduce them, she pointed out. The escorts
provide a multiple group of eyes for anything that might come up
and should be continued.
1:24:50 PM
MS. MOORE, in response to Co-Chair Johnson, explained that RCAC
stands for Regional Citizens' Advisory Council, an entity
established under the Oil Pollution Act of 1990 to be the eyes
on Prince William Sound. There is also an RCAC for Cook Inlet,
she added. In further response to Co-Chair Johnson, Ms. Moore
explained that the damage to the Exxon Valdez extended as far
back as where it would have entered the second hull had it been
a double-hulled tanker. She said she is unsure whether the RCAC
has a marine [engineer] on staff, but that the staff consults
with marine experts.
1:26:49 PM
ALVIN BURCH, Representative, Kodiak Island Borough, Alaska
Whitefish Trawlers Association, said he has been a member of the
Prince William Sound RCAC for 10 years and is currently serving
on the RCAC as the Kodiak Island Borough representative. He
noted that fellow Kodiak resident, Jay Stinson, President of the
Alaska Whitefish Trawlers Association, is on the Cook Inlet
RCAC.
MR. BURCH addressed previous questions rather than providing a
prepared statement. He told members about a documented incident
where the tugs saved the lives of four fishermen when their
vessel pulled out in front of a laden tanker in Valdez. It
takes over two miles to stop a laden tanker, he explained, and
the tethered tug was able to swing the tanker's stern to make it
miss the fishing boat. He said that had the Exxon Valdez been
double hulled, it still would have lost 25-60 percent of its oil
cargo; so double hulled is not the answer, it is only a help.
The OPA 1990 should be extended in perpetuity to also include
double-hulled tankers.
MR. BURCH related that he had his vessel in Prince William Sound
on the day of the Exxon Valdez oil spill and that he had offered
the vessel as a communication platform to anyone free of charge.
But, four days later he was flying over the tanker on his way to
Washington, DC, to see U.S. Senator Ted Stevens. While his
vessel was eventually hired to help with the clean up, he
stressed that the answer is prevention, not clean up, and he
never wants to see such a mess again.
1:30:01 PM
IVER MALUTIN, Representative, Prince William Sound Regional
Citizens' Advisory Council, noted that in addition to being a
new member of the RCAC, he is an elders advocate for the Kodiak
Area Native Association. As an elders advocate he is
responsible for getting every elder on Kodiak Island all the
traditional food that they need. He pointed out that a lot of
the resources are gone today. For example, the clam numbers are
reduced and the sea otters are moving further and further south
in search of food. He said he worked on the Exxon Valdez oil
spill and it was one of the most mismanaged things he has ever
seen in his life. He related that according to people he has
talked to, there is still oil on the Barren Islands.
MR. MALUTIN compared a double-hulled tanker to the Titanic which
was not supposed to sink but did - a double hull is not supposed
to leak oil, but yet the unbelievable can still happen. He
agreed with Mr. Burch that the answer is prevention. After 77
years in Kodiak, he said he knows the many impacts that Natives
have had to their lives. Without oil spill prevention, Natives
will have nothing, he emphasized. Prevention does not require a
doctorate degree, only common sense.
1:34:56 PM
JOHN VELSKO, Representative, Prince William Sound Regional
Citizens' Advisory Council, stated that he is the City of
Homer's representative on the Prince William Sound RCAC. He
said he has been a Homer resident for 35 years and is a
commercial fisherman for salmon and halibut.
MR. VELSKO related that the Prince William Sound RCAC voted
unanimously in January 2009 to put this resolution before the
Alaska State Legislature. The Prince William Sound RCAC is
comprised of members of the coastal communities that were
affected by the Exxon Valdez oil spill, such as tourism
organizations, Native corporations, aquaculture interests, and
commercial fishing organizations. The RCAC was established by
federal mandate after the spill and its mission is to provide
citizen oversight on the tanker traffic in Prince William Sound
and the operations at the Valdez Marine Terminal. "Preservation
of the current state-of-the-art escort system has been
identified by the board of directors as being our most pressing
issue at this time," he said.
MR. VELSKO explained that the RCAC is hoping the passage of HJR
19 will help to codify in law and regulation the continuation of
tug escorts in Prince William Sound. This issue should not be
dependent on the good will of the oil industry. Once the last
single-hulled tanker leaves the sound, there will not be a
federal mandate to keep the tug escort in place. He pointed out
that in its arguments against the implementation of double-
hulled tankers, ExxonMobil Corporation cited studies that showed
double-hulled tankers do not prevent oil spills, they only
reduce the amount of oil spilled.
1:38:11 PM
PETER LAPINSKI, Representative, Inland Boatmen's Union of the
Pacific, noted that members of the Inland Boatmen's Union run
the Crowley tugs that escort the tankers. He said that no
matter how technologically advanced the safety systems become or
whether the tanker is double or tripled hulled, accidents are
the result of human error. The tugs help prevent an accident by
acting as an extra set of eyes and ears for the ship. In
addition, the tugs act as a first responder if something does
happen as they carry oil booms and other equipment. Businesses
are always interested in the bottom line and unless there is a
law to enforce escort tugs, a business could decide at any time
to do away with one or both tugs. Prince William Sound is a
beautiful place and another Exxon Valdez cannot be allowed to
happen again, he said. The union supports HJR 19.
1:40:12 PM
PATIENCE ANDERSON-FAULKNER, President, Prince William Sound
Regional Citizens' Advisory Council, explained that the Prince
William Sound RCAC represents 18 different communities or
organizations in the oiled area. She said the RCAC supports HJR
19 because it is important to prevent another oil spill in
Prince William Sound or any other place. She referenced the
RCAC's list of near misses and further pointed out that
everything in Prince William Sound is rocks, unlike sandy-
bottomed Cook Inlet where the Seabulk Pride went aground.
Double-hulled tankers are wonderful, she said, but they do not
make the test for Prince William Sound.
1:42:30 PM
STAN JONES, Director of External Affairs, Prince William Sound
Regional Citizens' Advisory Council, related that in its August
1989 report to the U.S. Congress about the spill, the U.S. Coast
Guard stated that an 11.5 foot double hull on the Exxon Valdez
would have reduced the spill by 25-60 percent. A 60 percent
reduction of 11 million gallons is 4.4 million gallons. So,
even with a double-hulled tanker there would have still been a
giant spill, he said, and this is why the RCAC is arguing so
passionately that a two-tug escort is still necessary.
1:44:20 PM
JOEL KENNEDY, Project Manager, Maritime Operations Manager,
Prince William Sound Regional Citizens' Advisory Council,
offered support for HJR 19 on behalf of the RCAC's staff. The
mission of the RCAC is to promote environmentally safe operation
of the Valdez Marine Terminal and associated tankers, he said.
The RCAC's work is guided by OPA 1990 and a contract with
Alyeska Pipeline Service Company. The RCAC represents the
communities in the regions affected by the 1989 Exxon Valdez oil
spill, as well as commercial fishermen, aquaculture, Native,
recreation, tourism, and environmental groups.
MR. KENNEDY said the RCAC believes it is important for the
Alaska State Legislature to support the safe transportation of
oil by supporting the system of dual escorts for oil tankers in
Prince William Sound. This escort system safeguards against oil
spills caused by navigational errors, equipment failures, severe
weather, and human or organizational errors; problems which can
happen at any time on any ship regardless of how many hulls it
may have. Since the present system was introduced, there have
been no major oil spills in Prince William Sound and potential
accidents were reduced to near misses. He warned that the
current system could be reduced or eliminated by the oil
industry once federal requirements expire with conversion of the
Prince William Sound fleet to all double-hulled tankers in the
next couple of years. Preserving the current practice of a two-
tug escort for each laden oil tanker through Prince William
Sound is of paramount importance to the board of directors of
the Prince William Sound RCAC.
1:47:00 PM
JOHN FRENCH, Ph.D., Prince William Sound Regional Citizen's
Advisory Council, stated that he represents the City of Seward
on the RCAC and his concerns mirror those of the others who have
testified. He explained that under OPA 1990 and the Alaska Oil
Spill Prevention and Contingency Plan, unladen tankers coming
into Prince William Sound do not have to be escorted, although
tugs help them dock. Under the state contingency plan, laden
tankers must be escorted by two tugs regardless of whether the
tanker is single or double hulled, but OPA 1990 does not require
doubled-hulled tankers to be escorted.
DR. FRENCH noted that his doctorate is in biological chemistry
and he has over 30 years experience in environmental toxicology.
He chairs the Prince William Sound RCAC's Oil Spill Prevention
and Response Committee, thus he works very closely with the
industry and state and federal regulators in developing these
plans. Under its OPA 1990 mandate and in practice, the Prince
William Sound RCAC serves as a go-between. The industry and
state and federal agencies sit ex-officio on the RCAC's board,
he explained, although the industry is not really ex-officio
because representatives are always present at the board meetings
and welcome to speak. The RCAC helps to minimize complacency
and maximize cooperation in trying to prevent another oil spill.
DR. FRENCH stated that the escort system is the main line for
preventing oil from getting into the water. The best way to
prevent the adverse effects of an oil spill is to prevent the
oil from getting into the water in the first place. He agreed
that double hulls are better than single hulls, but warned that
casualties can still happen. There were a number of reasons for
the 1989 reduction in response capability, economics being a
main reason, he said. Even with the current improved response
system, less than half of an oil spill could be picked up even
under the best of conditions. A spill would be a repeat of the
same ecological catastrophe that happened with the Exxon Valdez
spill, he stressed. Thus, prevention capabilities must be
maximized and the twin escort for all laden tankers is a major
aspect of that. He said he hopes this will be codified.
1:52:19 PM
JERRY MCCUNE, Representative, United Fishermen of Alaska, noted
that he is president of Cordova District Fishermen United and
was also president at the time of the oil spill. Prevention is
the key, he emphasized. He directed attention to the
aforementioned photograph to explain that the tethered tug can
tow the tanker while the other tug carries a boom and two
vessels that can be launched to assist with the boom. Should
the tanker lose power, the second tug can help the tethered tug
maneuver the tanker, quite a task in windy weather.
MR. MCCUNE recalled an incident prior to the 1989 spill when the
tanker, Prince William Sound, lost power and there was no tug in
all of Alaska to tow it. Everyone held their breath during the
six hours it took to get that vessel repowered, at which time
the tanker was only one hour away from grounding. Fishermen
would have some peace of mind if there are two tugs escorting
oil tankers because each tug serves a different purpose. When
things go wrong, he said speaking from experience, it is usually
operator error, not the boat.
1:54:48 PM
REPRESENTATIVE TUCK asked what happens when two tugs are not
available to escort a laden oil tanker.
LARRY DIETRICK, Director, Division of Spill Prevention &
Response, Department of Environmental Conservation, described
the escorting scenario: When the tanker leaves Valdez there is
a primary and secondary escort. The tanker is tethered
beginning at the dock and on out to Buoy 9, at which point the
tether is discontinued. The two escorts continue on with the
tanker as far as "the bend" in the shipping lane. From the bend
on out to Hinchinbrook Entrance, the first escort can be
dropped, but the second escort must remain in close proximity in
what is known as sentinel mode. At the start of Hinchinbrook
Passage the tanker must go back to two escorts. When the tanker
exits the passage at Seal Rock, one of the escorts can drop off
and the other must remain in sentinel mode until the laden
vessel is 17 miles out, at which point it is released.
1:57:02 PM
REPRESENTATIVE TUCK inquired which of the two tugs would stay
all the way with the tanker.
MR. DIETRICK explained that the tug tethered to the tanker is
called an enhanced tractor tug. It has a Voith Schneider
Propulsion System and is a 10,000 horsepower vessel. The tug
has a skag so that when it pulls alongside the stern of the
tanker it can control the tanker's direction. Given its unique
propulsion system, this tug is a purpose-specific vessel. The
second tug is called a prevention response tug. It has a Z-
drive, so the units are underneath with propellers that can
rotate 360 degrees; thus, it is designed for a different purpose
and carries the response and deployment equipment. In addition
to these two tugs, he continued, the system includes a 200-foot
utility tug and five conventional tugs. Generally speaking, the
prevention response and enhanced tractor tugs are the primary
tugs and one or the other of those will accompany a laden vessel
all the way out; usually it is two, but the shippers do have
some flexibility in how to configure their operations because
vessels do have to go off-line for maintenance.
1:58:59 PM
CO-CHAIR JOHNSON said the question is not whether there is any
tug at all, but whether it is one or two and HJR 19 says that
there will be two. Could the enhanced tractor tug not also
carry the response equipment and thereby serve the purpose of
the two tugs, he asked.
MR. DIETRICK answered as follows:
Perhaps. The system gets complex because the tugs are
also used as part of the response capability, so to
some extent they have a dual service.... The details
of this are worked out when the plan is reviewed.
Alaska passed in their contingency plan, though, what
we call a scenario-based response planning. So the
response planning standard that was set back in House
Bill 567 back in 1990 requires ... that they have the
capability to contain, control, and remove 300,000
barrels in 72 hours. That was the standard that was
passed. They have to demonstrate to the department
that they have that capability when they submit their
plan for review and approval. Tugs are a necessary
component of being able to meet that response planning
standard. For example, there are two transrec barges
that are full-time, floating on water, response
capability in addition to these escort vessels that
are pre-positioned in Prince William Sound. Two of
these are usually positioned at Naked Island in the
winter and in the summer they are split off, usually
between Naked and Hinchinbrook. So tugs are also a
critical component of moving these barges. So the
escort system, these tug combinations that you see,
are also integral part of the response capability and
ability to pull these response barges, which have the
big-time-scale cleanup capability, out to the vessel
and immediately initiate cleanup. So, to answer your
question, yes, two are necessary the way the current
system is currently configured and that is what is
approved in the plan right now. And it is both a
combination of providing escort services and being
able to have sentinel capability and be able to get
the response barges out to the vessel, as well as
immediately deploy equipment or boom around the
vessel.
2:01:40 PM
CO-CHAIR JOHNSON inquired as to what the required distance is
for the sentinel tug and what kind of risk assessments have been
done to determine the number of tugs that are necessary.
MR. DIETRICK replied that close proximity to the vessel for the
two escort tugs is usually one-quarter mile. In regard to how
many tugs are needed, he explained that the state contingency
plan is reviewed and approved every five years. The current
configuration was formally reviewed during the last renewal in
2007; thus this plan is in place until 2012. The plan renewals
for the Prince William Sound system are extensive, he continued.
The Prince William Sound RCAC hires a number of independent,
outside contractors in addition to the Department of
Environmental Conservation's review, and there is a formal group
called the Response Planning Group. The review for renewal of
all the details of this system takes more than a year. In
addition, there are activity drills and inspections that occur
throughout the five-year window.
2:04:25 PM
CO-CHAIR JOHNSON understood this to mean that the current two-
tug system will remain in place until 2012.
MR. DIETRICK responded correct. This is what is currently in
the approved plan and it cannot be changed without a formal
amendment to the plan.
CO-CHAIR JOHNSON surmised that the purpose of HJR 19 coming at
this time is to plan for something that is three years from now.
MR. DIETRICK offered to defer to the sponsor, but said he
believes that what is being addressed is the federal requirement
for escort vessels that is linked to a single hull. The tanker
fleet for the Trans-Alaska Pipeline System (TAPS) is in the
process of being converted to all double hulls. The two
remaining single-hulled ships will be replaced soon and once
this happens the federal requirement will no longer be
applicable since it only applies to single hulls.
2:05:40 PM
CO-CHAIR JOHNSON presumed that the 2012 date is irrelevant
because the plan will go away with the double-hulled tankers.
MR. DIETRICK answered correct. However, the current
configuration of escort vessels and response capability has been
formally approved in the state contingency plan and that is
binding until 2012 when it is up for renewal. In further
response to Co-Chair Johnson, he agreed that a two-tug escort
will be required until 2012 regardless of whether the tanker has
a single or double hull, notwithstanding any amendments that
might be proposed because the applicants can amend their plans.
CO-CHAIR JOHNSON asked how the plan gets approved, given that it
does not go through the legislature.
MR. DIETRICK reiterated that the plan is approved on a five-year
renewal cycle. State regulations detail what must be done and
there is public notice and involvement, he explained. The
review is detailed, and each year a different aspect of the plan
is reviewed. The review looks at the improvements, mishaps,
drills, and experience from the preceding five years so
adjustments can be made to the plan. Modifications to the plan
are submitted to the state by the shippers. The state formally
goes through the review process, then renders a decision to:
review and approve, approve with conditions, or deny. In
further response to Co-Chair Johnson, Mr. Dietrick said this
renewal process usually takes about one year.
2:07:35 PM
REPRESENTATIVE TUCK inquired how the plan is enforced.
MR. DIETRICK said DEC staff in Valdez conduct monitoring and
oversight work, and major drills are conducted every year. The
Prince William Sound RCAC also conducts oversight activities, as
does the U.S. Coast Guard District 17 Office in Valdez.
CO-CHAIR JOHNSON asked when the fleet will be fully converted to
double hulls so that the current system would go away.
MR. DIETRICK said the federal schedule provides that the
conversion to double hulls is based on the date the ship was
built, so the conversion is vessel specific. The deadline by
which all ships in the U.S. must be converted is 2015. Two
vessels in the Prince William Sound TAPS trade have yet to be
converted. In further response to Co-Chair Johnson, Mr.
Dietrick offered to provide members with the conversion dates
for the ships currently in the TAPS trade. However, he added,
the shippers have some flexibility in meeting timelines because
they can move in an older or newer ship and thereby adjust the
date to accommodate their business needs.
2:09:32 PM
REPRESENTATIVE SEATON understood that the federal requirement
will go away if the shippers decide to use the single-hulled
vessels elsewhere in the world or remove them from service.
MR. DIETRICK replied correct, the federal requirement is linked
to the single hull.
REPRESENTATIVE SEATON surmised that the shippers could remove
the two single-hulled tankers from Prince William Sound service
at any time so that the remaining fleet is all double hulled,
and at which point the federal requirement would be removed.
MR. DIETRICK responded that there is now a dedicated fleet to
the TAPS trade for two of the shippers. Those vessels are
permanently in service and were designed specifically for the
TAPS trade, he explained, so it is unlikely those vessels would
ever be traded out. One shipper has not made the complete
conversion yet and it is only in this scenario where there is
some ability to substitute one vessel for another.
2:11:21 PM
REPRESENTATIVE SEATON commented that because production is
declining, ships might be taken out of service. If it is the
single-hulled ships that are taken out of service, then the
federal requirement would go away because now the entire trade
would be double hulled. This is the rub, he said.
MR. DIETRICK answered correct.
CO-CHAIR JOHNSON said this answers his question because now he
understands that the timing could be any day.
MR. FRENCH added further information about the two escort tugs.
He said the tethering tug has a Voith Schneider drive which is
very good for directional pulling, so it maneuvers the heavy,
laden tanker by pulling on the tether. The prevention and
response tug (PRT) is better designed for directional pushing.
The Z drives can rotate 360 degrees, so the PRT can come up
alongside the tanker and readily push it in any direction,
something that the tethered tug cannot do. Thus, the tugs have
two very different roles: the tethered tug can act to slow the
tanker down and the prevention and response tug can act to give
the tanker a directional push to avoid a major hazard. He also
pointed out that Buoy 9, where the tanker is released from the
tethered tug, is a rock that is closer to the vessel traffic
system than is Bligh Reef.
CO-CHAIR JOHNSON closed public testimony.
2:14:56 PM
REPRESENTATIVE SEATON disclosed that he and his vessels
participated in the oil spill cleanup and he hopes Alaska never
has to do that again. He said the tug system acts as the eyes
during instances where there is communication failure and near
collision during fog. The tugs also provide assistance during
instances of power loss and gyrocompass or steering failure.
All of these types of instances are included on the Prince
William Sound RCAC's list of incidents, he noted.
CO-CHAIR JOHNSON stated that even though this is just a
resolution, he is concerned a signal is being sent that
regardless of what technological advances are made two tugs are
better than one, and maybe this is true. However, he added, it
is critical to the existence of Alaskans that everything
possible be done to never have another Exxon Valdez oil spill.
REPRESENTATIVE SEATON moved to report HJR 19 out of committee
with individual recommendations and attached zero fiscal note.
There being no objection, HJR 19 was reported out of the House
Resources Standing Committee.
2:17:25 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:17 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR 19 Add. Information 2.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 Add. Information 3.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 Packet.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 Oil discharge prevention & contingency plans.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 Dual tug escort picture.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 Fiscal Note.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 add. letter of support.pdf |
HRES 3/11/2009 1:00:00 PM |
|
| HJR 19 Add. Information.pdf |
HRES 3/11/2009 1:00:00 PM |