On april 11, 2016, the united states coast guard announced the updated 2016 national preparedness for response exercise program prep guidelines 81 fr 262. Prep was developed to establish a workable exercise program that meets the intent of section 4202a of. The oil spill response plan osrp program was developed in response to legislative authority in the oil pollution act of 1990, pl 1080 opa 90, which requires operators have response plans in. Oil pollution act drafted in 1990 oil pollution act drafted in 1990 this act was largely in response to public outcry about the exxon valdez oil spill. Restoration planning national oceanic and atmospheric. For complete classification of this act to the code, see short title note set. Oil pollution act of 1990 opa draft year began in 1990 the amendment year. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent. Noaa would appreciate any suggestions on how this document could be made more practical and useful. Get an answer for explain the oil pollution act of 1990, including why it was enacted, its general provisions, and opa 90s effectiveness in terms of containing a major spill. Oil spill response plan audit report us department of.
A major goal of the oil pollution act of 1990 opa1 is to make the environment and public whole for injury to or loss of natural resources and services as a result of a discharge or substantial threat of a discharge of oil referred to as an incident. This act may be cited as the oil pollution act of 1990. This document summarizes the oil pollution act of 1990 opa as it pertains to the national pollution fund center and discusses the structure of the oil spill liability trust fund osltf and the npfcs missions of managing its revenue sources and expenses. Makes the responsible party for a vessel or facility from which oil is discharged or which poses a substantial threat of discharge liable for removal costs and for economic or natural resource damages, including. Polluters are made accountable for the clean up costs. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Explain the oil pollution act of 1990, including why it. The purpose of this chapter is to assess the economic impact of the oil pollution act of 1990 opa 90, section 4115 and marpol regulations if and ig marpol f and g on the operations of the international tanker fleet. The oil pollution act of 1990 opa, enacted after the 1989 exxon valdez spill, mandates a natural resource damage assessment nrda process and imposes a compensation regime on responsible parties rps who are also strictly liable for cleaning up oil spills.
Be it enacted by the senate and house of representatives. Oil pollution liability and compensation establishes the oil spill compensation fund. The oil pollution act of 1990 was passed by the 101st united states congress and signed by president george h. Oil pollution act pdf oil pollution act pdf oil pollution act pdf download.
The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. Hearing on the liability and financial responsibility for. Oil pollution act of 1990 opa oil pollution act of 1990 opa ellen liu period 5 drafted in 1990 amended the clean water act national function. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. Oil pollution act opa of 1990 noaas damage assessment. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. The opa extensively amended the federal water pollution control act. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are.
The 1989 grounding of the exxon valdez spurred congress to enact the oil pollution act of 1990 opa to remedy what it believed to be a patch. A look at the 1990 oil pollution act a 1990 law called the oil pollution act set out the penalties for corporations that spill oil into the environment, but how exactly it will apply to the bp. The oil pollution act of 1990 opa establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the united states, adjoining shorelines, or the exclusive economic zone. As emergency response efforts continue in the gulf, epw policy brief presents a new gulf oil spill policy series to help interested parties understand the ins and outs of federal policies, regulations, and key issues that apply to the tragic gulf spill. Oil pollution act of 1990 united states coast guard. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. Oil pollution act opa on yhdysvaltain liittovaltion laki, jonka kongressi hyvaksyi vuonna 1990 ja jonka presidentti george h. Bush to prevent and measure the civil liability from. Executive order 12777 implementation of section 311 of. Stafford act and oil pollution act when a marine oil spill occurs, the location, amount of oil spilled, and cause of the spill can impact the logistics of the response. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. The oil pollution act of 1990 was signed into law by george h. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. The spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan.
Oil pollution act of 1990 the national agricultural law center. The oil pollution act of 1990 the oil pollution act of 1990 opa90 enacted by congress after the exxon valdez oil spill in 1989, strengthened prevention, planning, response, and restoration efforts. Offences in connection with the distribution of petroleum products 6. Petroleum act chapter p10 chapter 350 lfn 1990 laws of the federation of nigeria arrangement of sections 1. The national preparedness for response exercise program prep was developed to establish a workable exercise program that meets the intent of section 4202a of the oil pollution act of 1990 opa 90, amending section 311 j of the federal water pollution control act fwpca, by exercise program. The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regulations resulted in a farreaching change in the design of tank vessels. Morgan introduction n the environmental frenzy which followed 1989s 10. The opa requires oil storage facilities and vessels to submit to the federal. Hearing on the liability and financial responsibility for oil spills under the oil pollution act of 1990 and related statutes house committee on transportation and infrastructure testimony of robert p.
The statute establishes liability and limitations on liability for damages resulting from oil pollution, and establishes a fund for the payment of compensation for such damages. Liability of responsible parties congressional research service 1 background the oil pollution act of 1990 opa establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the united. Oil exploration licences, oil prospecting licences and oil mining leases 3. Damage assessments nrdas under the oil pollution act of 1990 opa. Ed 340 578 title national environmental education act. Require vessel and facility owners that handle oil as cargo to develop plans detailing steps they will take. To establish limitations on liability for damages resulting from oil pollution, to establish a fund for the payment of compensation for such damages, and for other purposes. Establish and maintain a continuous record, over the liability term specified in title i of the oil pollution act of 1990, of financial evidence and instruments established to pay claims for oil spill cleanup and damages resulting from operations conducted on offshore facilities and the transportation of oil from offshore platforms and wells. Amendment sought to require the secretary of transportation to prohibit the movement of vessels carrying crude oil or any refined petroleum product in areas where oil and gas leasing, exploration, or development activities had been prohibited by legislative action unless the secretary.
It soon became apparent that response resources, especially federal funds, were lacking, and. Deepwater horizon and the patchwork of oil spill liability law. Opa 90 is one of two guiding documents under which prince william sound regional citizens advisory council oper a. Conference report filed in house 08011990 oil pollution act of 1990 title i. Oil pollution act opa of 1990 phmsa is responsible for implementing the oil pollution act of 1990 as it applies to onshore oil pipelines to decrease the likelihood of pipeline spills, diminish the environmental consequences of spills, and ensure that the responses to spills are swift and well planned. Oil pollution act pdf this act may be cited as the oil pollution act of 1990. The applicable plan provides for resources to respond to. Be it enacted by the senate and house of representatives of the. Federal response efforts are guided by two federal laws the stafford act of 1988 and the oil pollution act of 1990. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution to u. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. The guidance directed agencies to document costs that are not currently being reimbursed through the oil spill liability trust fund administered by uscg national pollution funds center.
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