Senator RIBICOFF. $2.1 million. So you spent $2.1 million out of the $70 million revenue. I really believe, if you look all over the country, by reading the front pages of any newspaper, that utility and steel companies are being hammered for their polluting the environment. Personally, I believe that there is a great obligation on the part of utilities to eliminate it. If it is going to cost money, then we are going to have to spend money. Electric light bills and gas bills have to go up. I think they are going to have to go up. But I think that for the health and the atmosphere, and the general resources of this Nation, it is important to preserve them, not only for this generation but for future generations as well. Senator MATHIAS. Mr. Chairman, I would like to pursue that authority one step further. I am very much interested in the witness' descriptions of the activities within the utilities industry to coordinate efforts to assess ecological and environmental damage and to find ways to either mitigate or avoid that damage; but all of this suggests that industry will be relying totally on water coolants and not on other methods of cooling nuclear reactors. AIR TOWERS What about air towers? What are the possibilities of the industry effort in this? Mr. HEDDEN. You are referring to cooling towers? Senator MATHIAS. Yes. Mr. HEDDEN. It is very definitely a means to reduce temperature of cooling water, and they are being used more and more. We are very aware of them. At the present time they are feasible and in great use in connection with fresh water. As a matter of fact, we are putting in artificial cooling facilities on a new plant on the Connecticut River near Middletown. So we are aware of them and intend to use them. The disadvantage at the present time is due to a phenomenon known as drift. When the air passes through the water to cool it, it can entertain some of the water. This is all right on fresh water, but on salt water you release salt particles. The use of cooling towers on salt water has been limited, and, to the best of my knowledge, there isn't a single salt water cooling tower in use in this country. As far as I know, they are being developed. It leaves you really only-I am speaking in terms of the sound: I am talking about salt water now-only really one method beyond the so-called straight-through type we utilize now, and that is called frequently submerged discharge. It takes the warm water out in long pipes-and "long" being on the order of probably thousands of feet to miles-and releases it at the bottom at some great depth, relatively great depth, in the sound, and lets it dilute. This means is available should it be necessary. I believe, with the pressure right now, cooling equipment, specifically towers, will be developed, probably in the next 5 or 10 years, that can be used on salt water. Senator MATHIAS. So this is an area that is still undeveloped? Is it under consideration here in the Long Island Sound area? ARTIFICIAL COOLING METHODS Mr. HEDDEN. This is very much under development, and I think you will hear more and more about artificial methods of cooling and cooling towers. Senator MATHIAS. You say that the electrical capacity in the Long Island Sound area may have to double in the next 10 years. Then let us hope that within that 10-year period there may be developed some alternative methods of cooling, ones which will have a more desirable impact on the sound than the present water-cooling systems. Thank you, Mr. Chairman. Senator RIBICOFF. Thank you very much, both you gentlemen, for coming here. The committee would appreciate, as rapidly as you complete your studies, your making them available to the committee. We would be very interested to find out what you are discovering or the conclusions you reach. Mr. HEDDEN. We have some reports, and we can send them to you. Senator RIBICOFF. I would appreciate that very much. Thank you very much. (Documents available in subcommittee files.) Senator RIBICOFF. Commander Crosby. STATEMENT OF LT. COMDR. GARY CROSBY, U.S. COAST GUARD, GROUP COMMANDER OF THE NEW LONDON STATION Commander CROSBY. Mr. Chairman, Senator, I am Lt. Comdr. Gary F. Crosby, U.S. Coast Guard, Group Commander of the New London Group. My statement will summarize our present missions and operations in Long Island Sound and outline actions we may take in the event of oil spills in the Federal navigable water areas. The U.S. Coast Guard Group Commander, New London, is headquartered at the U.S. Coast Guard Station located at the U.S. Navy Underwater Sound Laboratory in New London. The Group Commander exercises operational and administrative control over all Coast Guard units assigned to his group. These units are responsible for their designated missions in the eastern half of Long Island Sound; specifically the geographic boundaries run from a north-south line between the western edge of New Haven to the north shore of Long Island on the west to a point due scuth of Watch Hill, R.I., and due east of Orient Point, Long Island, on the east. MISSIONS OF THE COAST GUARD Missions of the Coast Guard units assigned to this area are Search and Rescue, Aids to Navigation, and Law Enforcement of the Federal Maritime Law. To accomplish these missions, Group New London has an authorized personnel allowance of five commissioned officers, two commissioned warrant officers and 113 enlisted men. These coast guardsmen man and operate the Group Office, New London Station, Fishers Island Station, the 95-foot cutter Cape Fairweather, the 82-foot cutter Point Knoll and seven manned light stations. Additional equipment maintained to accomplish Coast Guard objectives are three 40-foot and two 30-foot utility patrol boats, one 46 foot buoy working boat, nine skiffs in the 14- to 16-foot class, one aidsto-navigation mooring facility, six unmanned light structures and 235 buoys and day marks within the aids-to-navigation system. COAST GUARD ACTIVITIES SUMMARIZED Coast Guard activities in this portion of Long Island Sound can be summarized as follows: (1) Saving of life and protection of property; (2) providing and maintaining aids to marítime navigations; (3) providing for the safety of naval vessels; (4) operating a port security and port safety program; (5) enforcing or assisting in the enforcement of Federal laws on the waters subject to the jurisdiction of the United States; (6) assisting other government agencies upon request to perform any activity for which Coast Guard personnel are especially qualified. The western half of Long Island is covered by the U.S. Coast Guard Group Command at Eatons Neck, Long Island, N.Y. Coast Guard missions in that area are basically the same as those I have just mentioned. Coast Guard responsibilities relating to water pollution control fall within our maritime law enforcement mission. The three principal legal authorities with which the Coast Guard is connected are the Refuse Act of 1899, the Oil Pollution Act of 1961 (P.L. 87-167), as amended in 1966, and the Water Quality Improvement Act of 1970 (P.L. 91-224). I believe, Mr. Chairman, that you are familiar with this last bill, as you were consponsor of the bill in the Senate. Brief summations of these laws follow: THE REFUSE ACT OF 1899 1. The Refuse Act (1899) prohibits the discharge from any ship, both foreign and domestic, or the discharge from shore or any waterfront facility, any refuse matter of any kind or description except that flowing from streets and sewers in a liquid state. The U.S. Supreme Court in 1966 held that refuse "includes all foreign substances and pollutants." Application of the law applies to all navigable waters of the United States and their tributaries if the refuse floats or washes into the U.S. navigable waters. The law also applies to refuse matter placed on the banks of navigable waters if the refuse is liable to be washed into navigable waters by ordinary or high tides, storms or floods. This law is administered by the U.S. Army Corps of Engineers, assisted by the Coast Guard, the Customs, and the Department of Justice. Persons or corporations violating the law shall be guilty of misdemeanor, and on conviction shall be fined not more than $2,500 nor less than $500. Imprisonment may be imposed upon a natural person for not less than 30 days nor more than 1 year. Both fine and imprisonment may be imposed. It is interesting to note that, in the discretion of the court, onehalf of the fine may be paid to a private individual giving information which shall lead to conviction. However, I know of no occasion when this provision has been carried out. THE OIL POLLUTION ACT 2. The Oil Pollution Act of 1961 implements the provisions of the International Convention for the Prevention of Pollution of the Seas by Oil, 1954. At least 38 separate governments have adopted the Convention. The act prohibits any discharge or escape of oil from U.S.-registered vessels except tankers under 150 gross tons, other vessels under 500 gross tons, vessels while engaged in whaling operations, vessels transiting the Great Lakes, or naval vessels, and naval auxiliaries. The prohibited zone generally extends 50 miles to sea, but the prohibited zone off the New England coast extends 100 miles to sea. The law excepts discharges which are made to secure the safety of the ship, cargo, or life at sea; discharges due to damage to the vessel; discharge of residue from fuel or lube oil purification providing these discharges are made as far from land as possible. This law is administered by the Secretary of the Department of Transportation utilizing members of the Corps of Engineers, Bureau of Customs, and the Coast Guard as enforcement officials. The Department of Justice acts as the prosecuting agency. If foreign-registry vessels are suspected of violating provisions of the law, the case file is turned over to the Department of State for handling through diplomatic channels. Any person who violates this law is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment not exceeding 1 year, or by both fine and imprisonment. The law also requires that every ship shall carry an oil record book. In the event of discharge of or escape of oil into a prohibited zone, a signed statement concerning the circumstances and reasons of the discharge must be entered in the book. If the responsible person fails to make the entry, he shall be liable on conviction to a fine not exceeding $1,000 nor less than $500. A person knowingly making a false or misleading entry shall also be liable on conviction for the same fine, or by imprisonment for a term not exceeding 6 months, or both. THE WATER QUALITY IMPROVEMENT ACT 3. The Water Quality Improvement Act of 1970 states: The Congress hereby declares that it is the policy of the United States that there be no discharges of oil into or upon the navigable waters of the United States, adjoining shorelines, or into or upon water of the contiguous zone. The law prohibits the discharges of oil in these described areas in harmful quantities. The President is charged with determining by regulation those quantities of oil discharges which are harmful. The contiguous zone by definition means the entire zone established or to be established by the United States under article 24 of the Geneva Convention on the Territorial Sea and the Contiguous Zone of 1958. Long Island Sound is a Federal navigable waterway and therefore the law applies to the sound. The law also stipulates that the President may accomplish the removal of discharged oil if the person, vessel, or corporation respon sible fails to remove it from the navigable waters and adjoining shorelines. Additionally, appropriate Federal resources will be used for dealing with hazardous material spill problems and to protect our natural resources from polluting spills. Cleanup for spills for which responsibility cannot be determined may also be handled by Federal resources. The law provides for fines or penalties for violations of the law in three different ways. Any person shall immediately notify the Coast Guard or other appropriate Federal agency as soon as he has knowledge of a discharge of oil from his vessel or facility. Any person who fails to do this shall upon conviction be fined not more than $10,000 or imprisoned for not more than 1 year, or both. Any owner or operator of any vessel or facility from which oil is knowingly discharged in violation of the law shall be assessed a civil penalty of not more than $10,000 for each offense. Any owner or operator of a vessel or facility who fails to or refuses to clean up a discharge of oil for which he is responsible or violates any other provision of the law shall be liable to a civil penalty of not more than $5,000 for each violation. These penalties may be assessed only after the offender shall have been given notice and an opportunity for a hearing on the charge. In order to accomplish the desired Federal response and to provide for the coordination among the various agencies involved, the law requires that a national contingency plan be prepared and published. Agencies participating in the plan fall within the Department of Defense, Department of Health, Education, and Welfare, Department of the Interior, Department of Transportation, and Office of Emergency Preparedness. OBJECTIVES OF THE NATIONAL CONTINGENCY PLAN The objectives of the national contingency plan are: (a) Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies; (b) Develop appropriate preventive and preparedness measures; (c) Establish a system for discovering and reporting the existence of a pollution spill; (d) Promptly institute measures to restrict the further spread of the pollutant; (e) Assure that the public health and welfare are provided adequate protection; (f) Apply techniques for an effective cleanup operation and provide for disposal of the collected pollutants; (g) Provide for a scientific response to spills as appropriate; (h) Provide for strike forces of trained personnel and adequate equipment to respond to polluting spills; (i) Institute actions to recover cleanup cost and to enforce existing Federal statutes. REGIONAL AND SUBREGIONAL PLANS Detailed guidance toward the accomplishment of these objectives will be set forth in the plan. Under the plan, each general region of the 51-566-70-pt. 1———4 |