Oil pollution act of 1990 opa united states coast guard. Consumer price index adjustments of oil pollution act of. For complete classification of this act to the code, see short title note set out below and tables. The councils contract with alyeska predates opa 90, but the similarities in the powers and duties given the council in the two documents are. Executive order 12777 implementation of section 311 of. 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 united states lacked adequate resources, particularly federal funds. This site is like a library, use search box in the widget to get ebook that you want. The objective of opa 90 was to minimize marine casualties and oil spills by addressing preventive, protective, deterrent and performance aspects of accidental oil spills.
In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. State regulations pertaining to response activities may exceed those of the federal government, as allowed by 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 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. Hearing on the liability and financial responsibility for. A summary of the extent to which the response costs and damages for oil spills have exceeded the liability limits established in section 1004 of the oil pollution act of 1990 33. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. Notice of lodging of proposed consent decree under the clean water act, the oil pollution act of 1990, and the pipeline safety laws a notice by the justice department on 03192020 document details. The opa is the overarching federal statute that delineates the roles and functions of federal agencies involved in responding to a spill in coastal waters. Responsibility under the oil pollution act of 1990. Morgan introduction n the environmental frenzy which followed 1989s 10. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are.
The opa will be discussed in greater detail later in my testimony. Kiern this article is a companion to the authors article1 published in this journal in the spring of 2000 analyzing the liability, compensation, and financial responsibility aspects of the first decade. The oil pollution act of 1990 was signed into law by george h. The oil pollution act of 1990 the national petroleum council. Opahistory the 1990 act banned singlehull tank vessels of 5,000 gross tons from us waters and going into prince william sound. 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. The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to. Analysis of tanker casualties after the oil pollution act usa, 1990 article pdf available. State unlimited liability laws in the wake of the oil pollution act of.
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. A responsible party is strictly liable for removal costs plus damages resulting from an oil spill incident under opa. Damage assessments nrdas under the oil pollution act of 1990 opa. Tulane maritime law journal liability, compensation. The federal oil pollution act of 1990 opa 90 addresses oil spill prevention. International convention on oil pollution preparedness, response and cooperation, 1990 oprc convention including final act of the conference foreword by resolution a. Oil pollution act of 1990 download ebook pdf, epub. Coastal oil spill prevention and response provisions languishing for years within congress all of. Doublehull tanker legislation the national academies press.
The opa addressed issues associated with preventing, responding to, and paying for oil pollution. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. Click download or read online button to get oil pollution act of 1990 book now. Two international conventions address oil spill liability. Oil pollution liability and compensation establishes the oil spill compensation fund. An act to make provision for licences to be granted for the establishment and maintenance of pipelines incidental and supplementary to oilfields and oil mining and for purposes ancillary to such pipelines. Opa regulations federal nrda regulations ospra regulations state nrda regulations see title 43. 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. Oil pollution act opa of 1990 noaas damage assessment. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Oil pollution act of 1990 opa louisiana oil spill prevention and response act of 1991 ospra as amended. 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.
This act may be cited as the oil pollution act of 1990. Polluters are made accountable for the clean up costs. It soon became apparent that response resources, especially federal funds, were lacking, and. 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. Properly implemented, opa could safeguard the public interest by improv ing oil spill prevention and response. The passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. States have a position similar to the federal osc to coordinate or direct their spill response efforts. This report is provided pursuant to section 707 of the coast guard and maritime transportation act of 2004, p. Pdf an examination of the inadequacy of the wording of. As emergency response efforts continue in the gulf, epw policy brief presents a new gulf oil spill policy series to help interested parties. 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. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa.
Fortunately, on august 18, 1990, a little more than a year after the exxon valdez disaster, the oil pollution act was passed and signed into law this historic and timely legislation gave noaa and other agencies the authority to address impacts to natural resources caused by oil. Edelman, the oil pollution act of 1990, 8 pace envtl. The 1989 exxon valdez oil spill, which released 11 million gallons of oil into the pacific ocean, provided the impetus for u. Congress to pass the 1990 oil pollution act opa, which strengthened the federal governments ability to respond to and prevent oil spills. Report on implementation of the oil pollution act of 1990. The opa extensively amended the federal water pollution control act. Federal register notice of lodging of proposed consent. Edelman in response to several major oil spills, including the exxon valdez incident in 1989, the oil pollution act of 1990 opa was signed into law. Oil pollution act of 1990 united states coast guard. Analysis of tanker casualties after the oil pollution act. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Opa is part of an evolving field of law that is increasingly relevant, given the rise in oil and gas production in the united. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g.
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