In terms of hazardous cargoes, what is the maximum credible accident for a major marine catastrophe in New York Harbor? The Coast Guard has identified 400 to 500 chemicals moving in marine? transportation, of which 32 to 40 are sufficiently dangerous to be termed "cargoes of particular hazard." These involve hazards to public safety, including health, toxicity, and flammability effects. They are all situation dependent. That is, many factors may affect the severity of possible accidents and potential effects. Under Federal law, the Environmental Protection Agency is responsible for identifying and devising appropriate responses to release of hazardous substances. The EPA has never done so. This means that Federal funds which could be channeled into spill prevention, cleanup, and containment research and development, such as with oil spills, are not available when hazardous substances are involved. Only recently, in 1972, the Coast Guard, acting on its own, classified these substances and is issuing response manuals under the chemical hazardous response identification system, CHRIS. In 1974, the Coast Guard began to track movements of hazardous substances by vessels. For 1975, their data, dependent upon voluntary reporting by industry, for New York Harbor reflects only one shipment of LPG to Linden. N.J.; 12 shipments of the same cargo to Kearney, N.J.; and 21 shipments of epichlorohydrene to Seawarren, N.J. The inadequacy of this reporting system is self-evident. In response to this critical situation affecting public safety, an approach to the solution must include the following: One. Port-related industries should become involved at the local level, making their concerns known through such organizations as the Maritime Association of the Port of New York and the mayor's port council. Two. The Nation's ports should make their needs known to Congress through new forums like the recently initiated port caucus in the House of Representatives, of which I am a member. Third. The Congress should enact landmark legislation, such as H.R. 362, the focus of today's hearings, in order to assist ports in contingency planning, to upgrade training of firefighting personnel and to replace and, where possible, enhance the resources available to respond to marine disasters. Only in this manner can we avert the statistically certain catastrophe that endangers the public safety in the Port of New York. We must replace the illusion of safety with realistic planning and prevention measures reflecting Federal and local cooperation to solve port safety problems. That last sentence, "We must replace the illusion of safety," is important because we must replace it with real safety. And that is what we should be doing. Congressman Patterson, do you have a statement? Mr. PATTERSON. Mr. Chairman, I just briefly want to thank you. for welcoming me to the city today. And I would like to say that I believe the field trip that we took this morning, while it caused our hearing to start a little late, was very informational for me and illuminating, and I think really set the stage for some very, very important hearings. And as a west coaster from southern California who is interested in Los Angeles and Long Beach Port Harbor and safety, it is a pleasure to cover coast to coast with you this morning, as you said earlier. And I see that we have a very fine witness list so I do not want to take any more time. I am here really to listen and to learn. Mr. BIAGGI. Thank you. Without objections, we will insert in the record a copy of the bill and departmental reports. [The material follows:] [H.R. 362. 95th Cong., 1st Sess.] A BILL To amend the Ports and Waterways Safety Act of 1972 to provide for the award of grants to port authorities in the United States to enable such authorities to protect public ports and land areas adjacent to such ports from fires and other accidents or casualties occurring in such ports, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Ports and Waterways Safety Act of 1972 (Public Law 92-340; 86 Stat. 424) is amended by adding at the end thereof the following new title: "TITLE III-PORT SAFETY GRANTS AND STUDY "SEC. 301. (a) (1) Any port authority administering the operations of any public port in the United States may apply to the Secretary for a grant of funds to enable such authority to establish and maintain adequate means for the protection of such port, any vessel, structure, or waters within such port, and any land structure or shore area immediately adjacent to such port from damage caused by any fire, explosion, natural disaster, or other serious accident or casualty occurring in connection with navigation within such port. "(2) Any application for any grant under paragraph (1) shall be made in such manner and such form as the Secretary may require. Such application shall contain such information as the Secretary may consider necessary to make the finding required by subsection (b). "(b) If the Secretary finds that a grant under this section is necessary to enable any port authority making any application under subsection (a)(1) to provide the protection referred to in subsection (a)(1), the Secretary may award to such authority all or any part of the funds for which such application is made, except that not more than $3,000,000 may be awarded to such authority under this section in any fiscal year. "(c) (1) Any port authority awarded any grant under this section may use such grant to obtain, improve, or maintain port safety equipment or facilities, to train or employ port safety personnel, or to otherwise provide the protection referred to in subsection (a)(1). "(2) Funds made available under this section shall be used to supplement and increase the level of State and local government funds expended in providing the protection referred to in subsection (a) (1) and shall in no case be used to supplant such State and local government funds. “(3) Any grant awarded under this section shall be subject to such terms and conditions as the Secretary considers appropriate to assure that funds received under such grant are expended in accordance with this section. "(d) Any port_authority receiving any grant under this section shall make available to the Secretary and to the Comptroller General of the United States such books, documents, papers, and other records held by such authority as the Secretary or the Comptroller General may consider necessary to determine whether such authority is in compliance with the terms and conditions of such grant, the requirements of this section, and any other applicable Federal law. "SEC. 302. (a) The Secretary shall undertake a study of the means by which port authorities provide protection against damage caused by fires, explosions, natural disasters, or other serious accidents or casualties occurring in connection with navigation within ports administered by such authorities. Such study shall be completed not later than one year after the effective date of this title and shall include "(1) an identification of any immediate or long-range requirements of such authorities for equipment, facilities, personnel, or other means needed to assure the adequate protection of such ports, vessels, structures, or waters within such ports, and land structures or shore areas immediately adjacent to such ports from such damage; and "(2) an analysis of the availability of funds to such authorities for purposes of providing such protection. "(b) Upon the completion of the study required by subsection (a), the Secretary shall transmit to the Congress a written report on such study. The Secretary shall include in such report any recommendations of the Secretary for such legislative or other action as the Secretary may consider necessary to enable port authorities to provide the protection referred to in subsection (a). (c) In carrying out the study required by subsection (a), and in formulating any recommendations for transmittal to the Congress under subsection (b), the Secretary shall solicit the views of port authorities and any interested persons or governments. "SEC. 303. There are authorized to be appropriated for fiscal year 1977, and each fiscal year thereafter, such sums as may be necessary to carry out the provisions of this title, except that not more than $1,000,000 is authorized to be appropriated under this section to carry out the provisions of section 302. "SEC. 304. For purposes of this title— "(1) the term 'port authority' means any agency of any State, political subdivision of a State, or combination of States or political subdivisions of States that administers the operations of any public port; "(2) the term 'public port' means any port, harbor, or other place which is subject to operation by any State, political subdivision of a State, or combination of States or political subdivisions of States and to which any vessel engaged in commercial or other navigation may resort to obtain shelter, fuel, water, or supplies or may load or unload passengers or goods; "(3) the term 'Secretary' means the Secretary of the department in which the Coast Guard is operating; and "(4) the term 'State' includes the fifty States, the District of Columbia, Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.", GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Hon. JOHN M. MURPHY, Washington, D.C., August 31, 1977. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request for the views of this Department on H.R. 362, a bill "To amend the Ports and Waterways Safety Act of 1972 to provide for the award of grants to port authorities in the United States to enable such authorities to protect public ports and land areas adjacent to such ports from fires and other accidents or casualties occurring in such ports, and for other purposes." H.R. 362 would amend the Ports and Waterways Safety Act of 1972, administered by the Department of Transportation, by adding a new Title III. It authorizes the Secretary of Transportation to grant up to $3 million in any fiscal year to any "port authority" (defined) administering the operations of any public port, for the purpose of establishing and maintaining "adequate means for the protection of such port, any vessel, structure or waters within such port, and any land structure or shore area immediately adjacent to such port from damage caused by any fire, explosion, natural disaster, or other serious accident or casualty occurring in connection with navigation within such port" (underscoring supplied. The bill also authorizes the appropriation of $1 million for the Secretary of Transportation to undertake a study, to be completed not later than one year after the effective date of the title, of the "means by which port authorities provide protection against damage occurring in connection with navigation within ports administered by such authorities" (underscoring supplied). The study would include the identification of requirements for personnel and other resources and an analysis of the availability of funds to port authorities for providing adequate protection. The apparent purpose of H.R. 362 is to assist port authorities in financing programs to protect ports, vessels and facilities within such ports, and immediately adjacent areas from damage arising from fires and other disasters which pose a serious threat to navigation. As presently drafted, the bill appears to authorize programs to provide protection from damage after the occurrence of such an event on board a vessel in the port area, and would not include the prevention of fires and accidents originating on vessels or elsewhere in the proximity of the navigable waters. The Department of Commerce does not support H.R. 362. We believe that the grants proposed by this bill are not appropriate at this time, and should not be authorized by legislation until the Secretaries of Transportation and Commerce have sufficient information available to determine the financial requirements of port authorities to provide the protection contemplated by the bill and to evaluate the justification for providing grants of this nature to the port segment of our national transportation system. With respect to the study, we question whether it is necessary. Much of this information might be derived from port studies, including those in which the Maritime Administration of this Department is or has been a participant and those sponsored by the Department of Transportation. For example, the Maritime Administration has made a commitment, in response to a request by the American Association of Port Authorities, for a study to identify and quantify the costs imposed on U.S. ports by Federal requirements, including those related to environmental protection, employee health and safety, and cargo security. This survey should be completed in about three months. The Maritime Administration has also been involved in several cooperative regional port planning studies, cost-shared with members of the U.S. port community. Authority for Department of Commerce participation in such studies is found in section 8 of the Merchant Marine Act of 1920 (46 USC 867), which sets forth our responsibility for investigating the practicality and advantages of port improvements for the purpose of promoting, encouraging, and developing ports and transportation facilities in connection with water commerce. We have been advised by the Office of Management and Budget that there would be no objection to the submission of our report to the Congress from the standpoint of the Administration's program. Sincerely, CHARLES HASLANS, General Counsel. COMPTROLLER GENERAL OF THE UNITED STATES, Hon. JOHN M. MURPHY, DEAR MR. CHAIRMAN: Your letter of February 7, 1977, requested our views and comments on H.R. 362, 95th Congress, a bill "To amend the Ports and Waterways Safety Act of 1972 to provide for the award of grants to port authorities in the United States to enable such authorities to protect public ports and land areas adjacent to such ports from fires and other accidents or casualties occurring in such ports, and for other purposes.' On October 4, 1976, at the request of the Honorable Leonor K. Sullivan, then Chairman of the committee, we furnished your committee with our comments on an identical bill, H.R. 15029, 94th Congress. We believe that our comments on this prior bill are equally applicable to H.R. 362. A copy of these comments is enclosed. Sincerely yours, R. F. KELLER, Hon. LEONOR K. SULLIVAN, DEAR MADAM CHAIRMAN: This is in response to your request for views and comments on H.R. 15029, 94th Congress, a bill "To amend the Ports and Water ways Safety Act of 1972, to provide for the award of grants to port authorities in the United States to enable such authorities to protect ports and land areas adjacent to such ports from fires and other accidents or casualties occurring in such ports, and for other purposes." Section 301(a)(1) of the proposed legislation provides for grants to any port authority administering the operations of any public port, to establish and maintain adequate means for the protection of such port and any vessel, structure, or waters within such port, and of any land structure or shore area immediately adjacent to such port, from damage caused by fire, explosion, natural disaster, or other serious accident or casualty occurring in connection with navigation within such port. In addition, section 301 (c) (1) states that any port authority awarded any grant under this section may use the grant to obtain, improve, or maintain port safety equipment or facilities, to train or employ port safety personnel, or to otherwise provide the protection referred to in subsection (a)(1). The use in this section of the phrases "maintain adequate means for the protection", "maintain port safety equipment or facilities", and "employ port safety personnel" could be interpreted as authorizing use of grants as ongoing operating subsidies. We question whether this was intended. If not, the Committee may wish to consider either qualifying or deleting such phrases from the proposed legislation. Section 301 (c) (2) states that funds made available under this section shall be used to supplement and increase the level of State and local government funds expended in providing the protection referred to in section 301(c)(1) and shall in no case be used to supplant such State and local government funds. To help assure such State and local maintenance of effort, the Committee may wish to consider requiring the States and/or local governments to provide at least a specified percentage of the total funds required for providing the protection called for in their applications. Section 302(a) of the bill would require the Secretary of Transportation to make a one time study of the means of protection provided by port authorities in this area and to report the results to Congress within 1 year. We note that this subsection contains no provision for subsequent program evaluations by the Secretary. It is our view that program evaluation is a fundamental part of effective program administration and that the responsibility for evaluations should rest initially upon the responsible agencies. In line with this concept, we believe the Congress should attempt to specify the kinds of information and tests which will enable it to better assess how well programs are working and whether alternative approaches may offer greater promise. We will be happy to work with the Committee in developing specific language if you wish. We have included with this letter a copy of our report "Vessel Traffic SystemsWhat Is Needed to Prevent and Reduce Vessel Accidents" (January 21, 1975), which relates, in part to the matter of port safety. Sincerely yours, R. F. KELLER, Deputy Comptroller General of the United States. OFFICE OF THE SECRETARY OF TRANSPORTATION, Hon. JOHN M. MURPHY, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This report is in response to your request for the views of this Department concerning H.R. 362, a bill "To amend the Ports and Waterways Safety Act of 1972 to provide for the award of grants to port authorities in the United States to enable such authorities to protect public ports and land areas adjacent to such ports from fires and other accidents or casualties occurring in such ports, and for other purposes." H.R. 362 would amend the Ports and Waterways Safety Act by adding a new title III, which authorizes a Federal grant program to provide funds to any port authority administering a public port of the United States. The use of the funds (which would not exceed $3 million per port, per fiscal year) would be limited to establishing and maintaining systems within the port for protection against fire, natural disasters, and other casualties. |