Pdf this study investigates vessel oil spill differentials for transfer and vesselaccident spills for the post oil pollution act of 1990 opa90. Ppt oil pollution act of 1990 opa powerpoint presentation. Department of homeland security united states coast guard report on implementation of the oil pollution act of 1990. Liability of responsible parties description 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. Update on implementation of the oil pollution act of 1990. Pollution prevention act of 1990 essay, essay writing example. Opa 90 provisions and the benefitcost analysis of major regulations that congress charged us coast guard and epa to issue are presented in the section the oil pollution act of 1990. Report on the implementation of the oil pollution act of 1990 cgmta 2004. The pollution prevention act of 1990 was enacted to increase interest in source reduction or pollution prevention and encourage adoption of cost effective source reduction practices. 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.
Federal oil pollution laws and their supporting funds, including. 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. The final step in the legislative process was for the bill to go to the president to either approve and sign or veto it. It was passed as an amendment to the clean water act of 1972 following the exxon valdez oil spill of 1989.
Microsoft powerpoint the oil pollution act of 1990 kailyn, maddie, miurel period 2. Polluters are made accountable for the clean up costs. Hearing on the liability and financial responsibility for. Title i, oil pollution liability and compensation sec. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. The new law establishes a comprehensive oil spill liability. There are changes that may be brought into force at a future date.
A bill to amend the oil pollution act of 1990 to exempt marinas from the financial responsibility requirements applicable to off shore facilities under the act. Local government water pollution amendment act, 1990. These factors combine to affect the safety of the overall fleet by preventing. Introduced in the house of representatives, one hundred fourth congress, first session.
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. The passage of the oil pollution act of 1990 opa 90 by. 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. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. 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. Click download or read online button to get oil pollution act of 1990 book now. New liability limits under the oil pollution act of 1990. Oil pollution act of 1990 opa definition what does oil pollution act of 1990 opa mean.
The oil pollution act of 1990 was signed into law by george h. Be it enacted by the senate and house of representatives of the. Period 4 on march 24, 1989, shortly after midnight, the oil tanker exxon valdez struck bligh reef in prince william sound, alaska, spilling more than 11 million gallons of crude oil. Noaa would appreciate any suggestions on how this document could be made more practical and useful. The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. Oil pollution act of 1990 opa draft year began in 1990 the amendment year. Congress enacted the oil pollution act of 1990 opa to streamline and strengthen the environmental protection agencys epa power to prevent oil spills. 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. In response to the exxon valdez incident, 2 the oil pollution act of 1990 opa 90 3 was signed into law on august 18, 1990 as allegedly comprehensive oil pollution legislation addressing the issues of oil pollution cleanup, response, compensation, liability, and prevention.
In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. 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. As implementation of the oil pollution act of 1990 opa continues, the oil program at epa is expected to expand to meet its increased responsibilities. The statute establishes liability and limitations on liability for damages resulting from oil. Wagner introduction on august 18, 1990, president bush signed into law the oil pollution act of 1990, after the measure had been unanimously approved by both the house and the senate. 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. 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. Claims procedures under the oil pollution act of 1990. There are outstanding changes not yet made by the legislation. Pollution prevention act of 1990 name institution barriers to effective implementation of the act of 1990 the pollution prevention act of 1990 developed a national policy that outlined guidelines of pollution prevention and reduction from the source. Liability, compensation, and financial responsibility under the oil pollution act of 1990.
Section 311 of the clean water act cwa, as amended by the op a, provides the authority for the federal governments oil. Ten years after the enactment of the oil pollution act of. Oil pollution act of 1990 opa 1 oil pollution act of 1990opa by casey marshall. This act may be cited as the oil pollution act of 1990. The pollution prevention act of 1990 ppa in the united states created a national policy to have pollution prevented or reduced at the source wherever possible. Jun 15, 2010 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 magnolia petroleum company was an early twentieth century petroleum company in texas founded on april 24, 1911 by the sealy family of galveston, as a consolidation of several earlier companies. Oil pollution act of 1990 opa united states coast guard.
New liability limits under the oil pollution act of 1990 23 november 2015 on 19 november 2015 the us coast guard published a final rule increasing the liability limits for vessels, deepwater ports and onshore facilities under the oil pollution act of 1990 opa 90. Tulane maritime law journal liability, compensation. Opa n was passed in the wake of the exxon valdez oil spill in march of 1989. On july 1, 1994, epa finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worstcase discharge of oil subpart d. Pollution prevention act of 1990 pollution prevention p2. Changes that have been made appear in the content and are referenced with annotations. The united states code is meant to be an organized, logical compilation of the laws passed by congress.
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. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. The gulf of mexico oil spill and the oil pollution act of 1990. Exxon valdez leads to oil pollution act of 1990 opa act of 1990 opa 33 u. 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. Know more about this relation in this article nick debellis obtained the maximum. More than 10 years have elapsed since the passage of opa 90. 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. Be it enacted by the senate and house of representatives. The coast guard is developing a supplemental notice of proposed rulemaking snprm to finalize a 1992 interim rule that set forth the oil pollution act of 1990 opa90 claims procedures and removed certain conflicting and superseded regulations from the code of federal regulations. Damage assessments nrdas under the oil pollution act of 1990 opa. 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.
The oil pollution act opa is the principal statute governing oil spills into the ations waterways. This site is like a library, use search box in the widget to get ebook that you want. Oil pollution act of 1990 amended feb 2016file size. In 1989, the oil tanker exxon valdez ran aground on bligh reef after leaving valdez, causing a large oil spill, which resulted in massive damage to the environment, including the killing of around 250,000 seabirds, nearly 3,000 sea otters, 300 harbour seals, 250 bald eagles and up to 22 killer whales. Oil pollution act of 1990 united states coast guard. Oil pollution act of 1990 fact sheet prince william sound. The oil pollution act of 1990 was passed by the 101st united states congress and signed by president george h. 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. Trend in oil spills before and after opa 90 are highlighted in the section oil spills a decade later. 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. Explain the oil pollution act of 1990, including why it was.
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. While opa does not combine the defini tions of onshore. Oil pollution act opa of 1990 noaas damage assessment. The oil pollution act of 1990 set up new procedures for offshore cleanups, one significant change being that the federal government, led by the u. Deepwater horizon and the patchwork of oil spill liability law. And sometimes they are meant to garner political support for a law by giving it a catchy name as with the usa patriot act or the take pride in america act or by invoking public outrage or sympathy as with any. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. 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. There has been many oil spills ever since 1960 and the government has created many other acts to help clean up the spills. Amendments relating to opa 90, title vii, section 707.
Countryterritory zambia document type legislation date 1990 2006 source fao, faolex long title an act to provide for the protection of the environment and the control of pollution. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. A policy whose time has come or symbolic legislation. 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. Oil pollution act opa and federal facilities us epa. Alaska 1981 clean water act precluded application of limitation of liability act. Reaction and response published by villanova university charles widger school of law digital repository, 1992. It outlined how preventable pollution would be dealt by recycling as part of pollution prevention. Oil pollution act of 1990 download ebook pdf, epub.
Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law as with the tafthartley act. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. The oil pollution act of 1990 the national petroleum council. The oil pollution act of 1990 opa, 2 which was enacted after the exxon.
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. The opa extensively amended the federal water pollution control act. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Environmental protection act 1990, section 3 is up to date with all changes known to be in force on or before 10 april 2020.
Opahistory the 1990 act banned singlehull tank vessels of 5,000 gross tons from us waters and going into prince william sound. According to the act, it is the policy of the united states that pollution should be prevented or reduced at the source. There has been many oil pollution acts before the one in 1990. Citizen oversight and history of the council download document. Oil pollution act of 1990 deepwater horizon oil spill. Learn vocabulary, terms, and more with flashcards, games, and other study tools. This act, oil pollution act of 1990 public law 1080 33 u. Environment protection and pollution control act, 1990 cap. How does oil pollution act of 1990 connected to deepwater horizon oil spill. Standard oil of new york socony exchanged its stock for all of the magnolia stock except seven shares for the directors in december 1925 though it continued to operate as an. Oil pollution liability and compensation establishes the oil spill compensation fund. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through cost. Bush to prevent and measure the civil liability from future oil spills off the coast of the united states.