Page 33: of Maritime Reporter Magazine (August 2004)

65th Anniversary Edition

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65^ Anniversary Edition waterways organizations to ensure ade- quate funding for priority projects iden- tified by the Congressionally-authorized

Inland Waterways Users Board.

OPA '90 and Double Hulls

The transportation of petroleum and petroleum products is a key segment of the towing business: tank barges move 20 percent of the oil that fuels the econ- omy and keeps cars running and homes warm. Powerful, state-of-the-art tug- boats also provide tanker escort services to enable the safe movement of petrole- um cargoes in busy ports. In the wake of the Exxon Valdez disaster, Congress enacted the Oil Pollution Act of 1990 (OPA '90), which mandated that all ves- sels calling at U.S. ports be double- hulled by 2015. Today, fully 73 percent of the U.S. tank barge fleet is double- hulled, years in advance of the OPA '90- mandated phase-out schedule. This has been accomplished through an enor- mous investment of more than a billion dollars in new double-hulled vessels to serve the U.S. energy transportation market and a commitment by companies in the oil transportation business to embrace safety management systems like the AWO Responsible Carrier

Program to reduce operational risks throughout their operations.

Since OPA 90 was passed, oil spills from U.S. tank barges have declined to historic lows. Between 1990 and 2003, barges spilled 93.9 percent less oil - not a perfect record, but a powerful trend in the right direction. The industry's goal is zero spills and a 100 percent double- hulled fleet. AWO members are firmly committed to achieving those goals.

State vs. Federal Regulatory

Jurisdiction

The Exxon Valdez disaster also prompted a number of states to pass laws on oil pollution response and pre- vention. Just such a law passed by

Washington State in 1994 led to a land- mark Supreme Court decision with huge ramifications for industry operations.

The potential proliferation of individ- ual state laws is of concern to towing industry operators because of the burden it places on companies to comply with different requirements in different states - an obvious problem for an industry that consistently crosses state borders as it operates throughout the nation. When

Washington State enacted its oil spill prevention law intended to prevent oil spills from tanker accidents in state waters, the International Association of

Independent Tanker Owners (INTER-

TAN KO) filed suit challenging the con- stitutionality of the law. When the U.S.

August 2004

District Court ruled in favor of

Washington State in 1996, INTER-

TANKO appealed the District Court's ruling to the Supreme Court. AWO filed an amicus brief with the Supreme Court in support of INTERTANKO's appeal.

On March 5. 2000, the Supreme Court held that federal statutes and regulation preempted Washington State's regula- tions. Subsequently, the state of

Washington repealed the tank barge reg- ulations and suspended its regulations for tank ships.

AWO is committed to containing state efforts to extend over vessel operations laws and regulations that duplicate or conflict with federal requirements.

AWO will continue to press for repeal of regulations that overstep state authority as outlined in the INTERTANKO v.

Locke decision.

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