The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. Damage assessments nrdas under the oil pollution act of 1990 opa. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. Oil pollution act of 1990 the national agricultural law center. 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. The applicable plan provides for resources to respond to.
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. 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. On april 11, 2016, the united states coast guard announced the updated 2016 national preparedness for response exercise program prep guidelines 81 fr 262. 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. Executive order 12777 implementation of section 311 of. 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. 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. The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to. 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.
In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. 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. Oil pollution act of 1990 united states coast guard. Morgan introduction n the environmental frenzy which followed 1989s 10. 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. 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. Laws of the federation of nigeria petroleum act 1990. 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.
Bush to prevent and measure the civil liability from. Require vessel and facility owners that handle oil as cargo to develop plans detailing steps they will take. Oil pollution act opa of 1990 noaas damage assessment. 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. 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. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Opa 90 is one of two guiding documents under which prince william sound regional citizens advisory council oper a. Hearing on the liability and financial responsibility for. The oil pollution act of 1990 was signed into law by george h. United statescanada great lakes oil spill cooperation. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage, requires specific operating procedures. Restoration planning national oceanic and atmospheric. The spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan.
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. 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. Oil pollution act of 1990 january 2007 creation of the oil pollution act of 1990 was fueled by the exxon valdez oil spill of march 24, 1989, in which 11 million gallons of alaskan crude oil leaked into prince william sound waters when the tanker grounded. It soon became apparent that response resources, especially federal funds, were lacking, and. 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. Petroleum act chapter p10 chapter 350 lfn 1990 laws of the federation of nigeria arrangement of sections 1. Oil pollution liability and compensation establishes the oil spill compensation fund. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent. Oil exploration licences, oil prospecting licences and oil mining leases 3. The opa requires oil storage facilities and vessels to submit to the federal.
Federal response efforts are guided by two federal laws the stafford act of 1988 and the oil pollution act of 1990. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. 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. 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. Fifth circuit clarifies claim presentment requirements. Explain the oil pollution act of 1990, including why it. 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. This act may be cited as the oil pollution act of 1990. 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 was passed by the 101st united states congress and signed by president george h. Noaa would appreciate any suggestions on how this document could be made more practical and useful.
The opa extensively amended the federal water pollution control act. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. Oil spill response plan audit report us department of. Ed 340 578 title national environmental education act. 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. 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. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. 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. Be it enacted by the senate and house of representatives of the. 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. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. Offences in connection with the distribution of petroleum products 6. 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.
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. Oil pollution act pdf this act may be cited as the oil pollution act of 1990. Conference report filed in house 08011990 oil pollution act of 1990 title i. Polluters are made accountable for the clean up costs. Oil pollution act pdf oil pollution act pdf oil pollution act pdf download. The federal oil pollution act of 1990 opa 90 addresses oil spill prevention, response, and liability and compensation should spills occur. 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. Deepwater horizon and the patchwork of oil spill liability law. Oil pollution act opa on yhdysvaltain liittovaltion laki, jonka kongressi hyvaksyi vuonna 1990 ja jonka presidentti george h. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. Be it enacted by the senate and house of representatives. Prep was developed to establish a workable exercise program that meets the intent of section 4202a of. 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. 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.
701 1469 475 1173 1257 960 1328 531 616 33 1590 1634 1283 891 1372 1462 905 489 929 1092 1187 354 1103 1179 1357 1668 984 1680 121 191 842 589 1135 3 409 1142 782 147 1252 493 1486 237 1199 876 16