The united states code is meant to be an organized, logical compilation of the laws passed. It created a comprehensive prevention, response, liability, and compensation regime to deal with. Damage assessments nrdas under the oil pollution act of 1990 opa. State unlimited liability laws in the wake of the oil pollution. Download oil pollution act of 1990 or read online books in pdf, epub, tuebl, and mobi format. Oil pollution act of 1990 download ebook pdf, epub.
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. Oil pollution act of 1990 opa united states coast guard. Ten years after the enactment of the oil pollution act of. This section contains the double hull requirements and phaseout schedule for single hull tank vessels operating in u. Coastal oil spill prevention and response provisions languishing for years within congress all of. The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. I ask that someone better versed on oil spills and damages volunterr to improve thx. 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. Guidance document for natural resource damage assessment. Section 4115 of the oil pollution act of 1990 opa 90, pub. The two chapters briefly discuss the financial responsibility requirements and the international oil pollution regimes as they relate to marine insurance.
Liability and financial responsibility for oil spills. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. The council has concluded that, properly implemented, opa could safeguard the public interest by. The passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation. Bush to prevent and measure the civil liability from. Opa regulations federal nrda regulations ospra regulations state nrda regulations see title 43. Media coverage of 1989 exxon valdez oil spill in us coastal waters enhanced public awareness of marine pollution and made alaskan natural resources. This act may be cited as the oil pollution act of 1990. Deepwater horizon and the patchwork of oil spill liability law. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. Oil pollution liability and compensation establishes the oil spill compensation fund.
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. Responsibility under the oil pollution act of 1990. Jun 15, 2010 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 spill in the gulf of mexico is unclear. Noaa would appreciate any suggestions on how this document could be made more practical and useful. Tulane maritime law journal liability, compensation, and. Polluters are made accountable for the clean up costs. Oil pollution act of 1990 opa louisiana oil spill prevention and response act of 1991 ospra as amended. Section 311 of the clean water act cwa, as amended by the op a, provides the authority for the federal governments oil spill program. 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. Oil pollution act of 1990 archives insurance journal. An act to make provision for the improved control of pollution arising from certain industrial and other processes. May 01, 2020 the oil pollution act of 1990 opa 101 h. Download pdf oil pollution from tanker operations free.
The opa requires oil storage facilities and vessels to submit to the federal. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. 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. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. 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. Thank you, it now reads so much crisper and succuinctly lingust 18. Federal register oil pollution act of 1990 phaseout. This site is like a library, use search box in the widget to get ebook that you want. This section of the manual on oil pollution is intended to provide practical guidance related to the prevention of pollution from ships, and describes procedures for the handling of oil cargoes, bunkering, shiptoship transfer operations, transfer operations involving offshore units and operations in. 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.
The oil pollution act of 1990 issues and solutions 1994 this report presents the councils findings regarding the implementation of financial responsibility provisions of the oil pollution act opa as they relate to offshore facilities. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. 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 shall apply to the prevention of and response to oil spills on land and. An assessment of the oil pollution act of 1990 1998. Oil pollution act of 1990 download ebook pdf, epub, tuebl, mobi. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. The intent of this law was, in part, to minimize oil spills through improved tanker design, operational changes, and.
The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to. For complete classification of this act to the code, see short title note set. Hello fellow wikipedians, i have just modified one external link on oil pollution act of 1990. Tulane maritime law journal liability, compensation. You can read online the oil pollution act of 1990 here in pdf, epub, mobi or docx formats. 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. 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. Download a pdf of doublehull tanker legislation by the national. The oil pollution act of 1990 was signed into law by george h. Environmental issues an oil and natural gas advisory. Click download or read online button to get oil pollution act of 1990 book now. This report presents the councils findings regarding the implementation of financial responsibility provisions of the oil pollution act opa as they relate to offshore facilities.
Edelman, the oil pollution act of 1990, 8 pace envtl. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal governments ability, and provide the money and resources necessary, to. 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. 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 spill in the gulf of mexico is unclear. 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. Oil pollution act of 1990, clean water act, exxon, opa, federal legislation. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. 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 oil pollution act of 1990 after ten years by steven. 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. 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, 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. Economic analysis of compensation for oil pollution. Oil pollution act of 1990 request pdf researchgate. The oil spill liability trust fund osltf or fund is a billiondollar fund established as a funding source to pay removal costs and damages resulting from oil spills or substantial threats of oil spills to navigable waters of the united states.
Jan 24, 2001 oil pollution act of 1990 opa louisiana oil spill prevention and response act of 1991 ospra as amended. Be it enacted by the senate and house of representatives of the. Fifth circuit clarifies claim presentment requirements. It soon became apparent that response resources, especially federal funds, were lacking, and. This publication is a compilation of the text of public law 1080. Oil spill liability trust fund osltf funding for oil spills. 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 oil pollution act of 1990 opa 90 requires alyeska pipeline service co.
Oil pollution act overview us environmental protection agency. Morgan introduction n the environmental frenzy which followed 1989s 10. Stone introduction on august 18, 1990, president bush signed into law the oil pollution act of 1990 oilsplll act or act. The opa extensively amended the federal water pollution control act. For complete classification of this act to the code, see short title note set out under section 2701 of this title and tables.
Update on implementation of the oil pollution act of 1990. Bp hit by wave of gulf oil spill claims as deadline approaches. Sometimes they are a way of recognizing or honoring the sponsor or creator of a particular law as with the tafthartley act. 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. More than 10 years have elapsed since the passage of opa 90. The oil pollution act of 1990 issues and solutions 1994. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. The osltf is used for costs not directly paid by the polluter, referred to as the responsible party. Conference report filed in house 08011990 oil pollution act of 1990 title i.
The two chapters briefly discuss the financial responsibility requirements and the international oil pollution regimes as. Chapters eight and nine of this treatise focus on the effect of the oil pollution act of 1990 on the insurance structure for oil pollution in us and international waters. 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 opa of 1990 noaas damage assessment.
The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Oil pollution act opa and federal facilities us epa. Request pdf oil pollution act of 1990 the passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989.
75 1303 23 161 451 199 1157 898 667 1492 1456 159 1005 1282 75 670 308 566 102 409 553 157 727 42 208 78 71 1113 306 1449 1149 1262 571 532 602 931 927 1460 1362 1347 895 229 651 83 359 895