Purposeful jettison of petroleum cargo / Committee on Marine Salvage Issues, Marine Board, Commission on Engineering and Technical Systems, National Research Council.

Format:

Book

Contributor:

National Research Council (U.S.). Committee on Marine Salvage Issues.

Language:

English

Subjects (All):

Oil spills--Law and legislation--Congresses.

Oil spills.

Jettisoning of cargo--Congresses.

Jettisoning of cargo.

Liability for oil pollution damages--Congresses.

Liability for oil pollution damages.

Physical Description:

1 online resource (215 p.)

Edition:

1st ed.

Place of Publication:

Washington, D.C. : National Academy Press, 1994.

Language Note:

English

Summary:

This book addresses the problem of deliberate discharge of petroleum cargo during salvage operations. It assesses the implications for shipping and marine environmental protection; documents the need to clarify U.S. law concerning intentional discharges of petroleum cargoes to save ships and prevent the loss of larger amounts of cargo; considers the implications of advances in oil spill contingency planning, environmental data acquisition and spill trajectory forecasting; and makes recommendations concerning the feasibility of developing guidelines for deciding whether to discharge oil intentionally.

Contents:

PURPOSEFUL JETTISON OF PETROLEUM CARGO

Copyright

PREFACE

Contents

EXECUTIVE SUMMARY

CONCLUSIONS AND RECOMMENDATIONS

JETTISON REPORT AND RECOMMENDATIONS

SUMMARY OF SYMPOSIUM PROCEEDINGS

History and Technical Background

Legal Problems Concerning Jettison

OTHER COMMENTS

Considerations in Making Time-Critical Decisions

Panel #1: Decision-Making Criteria

Panel #2: A Regional Response Team's Decision-Making Exercise

ANALYSIS OF KEY ISSUES

CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE ON MARINE SALVAGE ISSUES

OPENING OF THE SYMPOSIUM AND WELCOME FROM SPONSORS

SYMPOSIUM OBJECTIVES AND ORGANIZATION

WELCOME ADDRESS FROM THE U.S. COAST GUARD

WELCOME ADDRESS FROM THE U.S. NAVY SUPERVISOR OF SALVAGE

PART I: HISTORY AND TECHNICAL BACKGROUND

THE SIGNIFICANCE OF JETTISONING: OIL ON TROUBLED WATERS

ONE HUNDRED YEARS AGO

THE TWENTIETH CENTURY

OIL ON TROUBLED WATERS

JETTISON FROM STRANDED TANKERS

REFLOATING TANKERS

LIGHTENING OF TANKERS

REQUIREMENTS FOR SUCCESSFUL LIGHTENING

THE LEAST OF THE EVILS

CONCLUSION

ENVIRONMENTAL RISK AS A FUNCTION OF OIL SPILL SIZE

PHYSICAL AND CHEMICAL VARIABLES

PHYSICAL ENVIRONMENTAL CONDITIONS

CONTAINMENT AND RECOVERY

Weathering Processes

Spill Response Techniques

In Situ Burning

Dispersants

Mechanical Recovery Measures

Spill-size Relationships

SHORELINE CHARACTERISTICS

BIOLOGICAL FACTORS

Microbial Effects and Biodegradation

Phytoplankton

Zooplankton

Benthic Invertebrates

Macroalgae

Fish

Seabirds

Marine Mammals

CONCLUSIONS

OIL SPILL TRAJECTORY MODELING

HOW MODELS WORK

TYPES OF MODELS

LIMITATIONS TO MODEL ACCURACY

HOW MODELS ARE USED

DISCUSSION: QUESTIONS AND COMMENTS ADDRESSED TO THE SPEAKERS

QUESTIONS ADDRESSED TO MR. ELLIS.

QUESTIONS ADDRESSED TO DR. ENGELHARDT

QUESTIONS ADDRESSED TO DR. GALT

PART II: LEGAL STATUS OF JETTISONING

MARINE SALVAGE: NEW LAWS AFFECTING THE JETTISONING OF OIL

SALVAGE LAW

Current Law

RECENT DEVELOPMENTS IN SALVAGE LAW

UNITED STATES OIL PLLUTION LAWS

The Federal Scheme

Salvage Operations in Navigable Waters

Salvage Operations in the Exclusive Economic Zone

Salvage Operations Involving Hazardous Substances

State Laws

EFFECT OF UNITED STATES OIL POLLUTION LAWS ON SALVAGE

MAJOR ISSUES FOR SALVORS

Compensation

Salvor's Responsibility to Vessel Owner

Third Party Liability of Salvors

ADDENDUM A: EXAMPLES OF STATE OIL POLLUTION LAW

West Coast

Alaska

California

Oregon

Washington

Gulf Coast

Florida

Louisiana

Texas

Great Lakes

Illinois

Michigan

Wisconsin

East Coast

Maine

Massachusetts

New Jersey

Rhode Island

ADDENDUM B: COMPILATION OF IL SPILL LIABILITY STATUTES OF THE COASTAL STATES

ADDENDUM C: SALVAGE OF HAZARDOUS SUBSTANCES OTHER THAN OIL

FWPCA

CERCLA

COMMENTARY ON THE DELIBERATE DISCHARGE OF OIL DURING MARINE SALVAGE OPERATIONS

JETTISONING UNDER DIRECTION OF THE UNITED STATES

LIABILITY OF THE UNITED STATES

INTO OR UPON," "A THREAT OF DISCHARGE," AND LIABILITY

OPA AND THE LIMITATION OF LIABILITY ACT

STATE LAWS AND LIMITATION OF LIABILITY

PREEMPTION, LIMITATION OF LIABILITY, AND THE IMPOSITION OF ADDITIONAL LIABILITY

NEW LAWS AFFECTING THE JETTISONING OF OIL: PRESIDENTIAL DIRECTION AND A SALVOR'S STANDARD OF CARE

SUMMARY CONCLUSION

JETTISON DIRECTED BY THE FEDERAL ON-SCENE COORDINATOR IS PERMITTED

Presidential Authority to "Direct" a Jettison

OPA 90 Removal Provisions-

Responsibility and Authority to "Direct" Efforts

Intervention on the High Seas Act.

Jettisoning of Oil Cargo is within OPA and Intervention Act Removal Authority

National and Area Contingency Plans- Incorporation of Jettisoning as a Mitigation or Prevention Measure

President's Authority to Amend Definition of Harmful Quantity Under 33 U.S.C. (b)(3) and (4)

Potential Penalties And Civil Liability For ''Directed" Removal Action

Criminal Or Civil Penalties And Civil Liability Under Federal Law

Potential Liability For Salvor Actions Taken Consistent With The National Contingency Plan

Summary And Recommendations

Summary

Recommendations For The Federal Government

Recommendations to Salvors

STANDARD OF CARE FOR SALVORS

Current Standard Of Care Under U.S. Law

Standard Of Care Under The 1989 Salvage Convention

Standard Of Care Under Lof 90

Summary Of Duty Of Care

NEW LAWS GOVERNING THE JETTISONING OF OIL

THE LAW OF SALVAGE-A NEED FOR CHANGE

SPECIFIC COMMENTS

SALVAGING A COHERENT APPROACH TO POLLUTION RESPONSE: NEW FEDERAL AND STATE LAWS GOVERNING THE JETTIS OF CARGO

PART I: THE RELATIONSHIP BETWEEN FEDERAL AND STATE OIL POLLUTION LAWS

PART II: LIABILITY AND CONSISTENCY UNDER SALVAGE AND POLLUTION LAWS

Liability Salvage

Risk Of Liability To The Salvor

Liability Avoided

Consistency With The National Contingency Plan

ADDENDUM A

ADDENDUM B

ADDENDUM C

ADDENDUM D

DISCUSSION: QUESTIONS AND COMMENTS ADDRESSED TO THE PANEL ON THE LEGAL STATUS OF JETTISONING

PART III: CONSIDERATIONS IN MAKING TIME-CRITICAL DECISIONS

DECISION FRAMEWORK: A SCENARIO FOR DECIDING WHETHER TO JETTISON CARGO

THE ON-SCENE COORDINATOR AS DECISION MARKER

THE ENVIRONMENTALIST'S PERSPECTIVE

THE SALVOR'S PERSPECTIVE

THE SHIPOWNER/OPERATOR'S PERSPECTIVE

THE SALVAGE ENGINEER'S PERSPECTIVE

THE STATE PERSPECTIVE.

DISCUSSION: QUESTIONS AND COMMENTS ADDRESSED TO THE PANEL ON THE DECISION-MAKING FRAMEWORK

PART IV: A REGIONAL RESPONSE TEAM DECISION-MAKING EXERCISE

A REGIONAL RESPONSE TEAM DECISION-MAKING EXERCISE

DISCUSSION: QUESTIONS AND COMMENTS ON THE DECISION-MAKING EXERCISE

APPENDIX A: SYMPOSIUM PARTICIPANTS SYMPOSIUM PARTICIPANTS

SYMPOSIUM ON THE PURPOSEFUL JETTISON OF CARGO WASHINGTON, D.C., FEBRUARY 23, 1993

Members Of Committee On Marine Salvage Issues

Liaisons To Committee

Speakers

Participants

STAFF

APPENDIX B: SYMPOSIUM AGENDA

Meeting Location:.

Notes:

Includes proceedings of the Symposium on the Purposeful Jettison of Petroleum Cargo, held February 23, 1993.

"B-344"--T.p. verso.

Includes bibliographical references.

ISBN:

9786610211029

9781280211027

1280211024

9780309586832

0309586836

9780585084862

0585084866

OCLC:

44964384