The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. A responsible party is strictly liable for removal costs plus damages resulting from an oil spill incident under opa. The councils contract with alyeska predates opa 90, but the similarities in the powers and duties given the council in the two documents are. Tulane maritime law journal liability, compensation. 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. 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.
Doublehull tanker legislation the national academies press. 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. Bush to prevent and measure the civil liability from future oil. Executive order 12777 implementation of section 311 of. There were many lessons learned the aftermath of the valdez oil spill. 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 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 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. 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.
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. International convention on oil pollution preparedness, response and cooperation, 1990 oprc convention including final act of the conference foreword by resolution a. The oil pollution act, 1990 opa 90 was passed by the us congress in the aftermath of 11 million gallon spill of crude oil in prince william sound, alaska. Hearing on the liability and financial responsibility for. Oil pollution act of 1990 the national agricultural law center. The united states lacked adequate resources, particularly federal funds. The oil pollution act of 1990 the national petroleum council. The opa will be discussed in greater detail later in my testimony. The united states oil pollution act 1990 opa, contains a provision, s1002b2, that sets out six categories or kinds of damage that may be recovered from a responsible party liable for losses resulting from damage caused by the discharge of. Analysis of tanker casualties after the oil pollution act. 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. Analysis of tanker casualties after the oil pollution act usa, 1990 article pdf available.
Oil pollution act of 1990 opa louisiana oil spill prevention and response act of 1991 ospra as amended. The passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation. Edelman, the oil pollution act of 1990, 8 pace envtl. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. Two international conventions address oil spill liability. Opahistory the 1990 act banned singlehull tank vessels of 5,000 gross tons from us waters and going into prince william sound.
Properly implemented, opa could safeguard the public interest by improv ing oil spill prevention and response. 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. Polluters are made accountable for the clean up costs. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. Pdf an examination of the inadequacy of the wording of. Oil pollution act of 1990 download ebook pdf, epub. For complete classification of this act to the code, see short title note set out below and tables. 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. The 1989 exxon valdez oil spill, which released 11 million gallons of oil into the pacific ocean, provided the impetus for u. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. Consumer price index adjustments of oil pollution act of. This site is like a library, use search box in the widget to get ebook that you want.
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. The opa extensively amended the federal water pollution control act. 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. 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. Noaa would appreciate any suggestions on how this document could be made more practical and useful. Opa regulations federal nrda regulations ospra regulations state nrda regulations see title 43. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution to u. Morgan introduction n the environmental frenzy which followed 1989s 10. It soon became apparent that response resources, especially federal funds, were lacking, and. Opa is part of an evolving field of law that is increasingly relevant, given the rise in oil and gas production in the united. State regulations pertaining to response activities may exceed those of the federal government, as allowed by the oil pollution act of 1990. 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. Click download or read online button to get oil pollution act of 1990 book now. Oil pollution act of 1990 opa on march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound.
As emergency response efforts continue in the gulf, epw policy brief presents a new gulf oil spill policy series to help interested parties. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. Coastal oil spill prevention and response provisions languishing for years within congress all of. State unlimited liability laws in the wake of the oil pollution act of. Oil pollution act of 1990 united states coast guard. Federal register notice of lodging of proposed consent. 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. States have a position similar to the federal osc to coordinate or direct their spill response efforts. Oil pollution act this act, oil pollution act of 1990 public law 1080 33 u. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. Damage assessments nrdas under the oil pollution act of 1990 opa. The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to.
This report is provided pursuant to section 707 of the coast guard and maritime transportation act of 2004, p. In our first installment, we provide an overview of the oil pollution act opa of 1990, passed in response to the exxonvaldez oil spill in 1989. Oil pollution act of 1990 opa united states coast guard. Report on implementation of the oil pollution act of 1990. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. This act may be cited as the oil pollution act of 1990. The oil pollution act of 1990 was signed into law by george h.