The act improved the nations ability to prevent and respond to oil spills by establishing provisions to respond. The 340b program enables covered entities to stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services. Be it enacted by the senate and house of representatives of the. Oil spills prevention and preparedness regulations one of epas top priorities is to prevent, prepare for, and respond to oil spills that occur in and around inland waters of the united states. Oil pollution act of 1990 public law 1080 as amended through p. In present times, with the alarming rise of marine pollution and its impact on the globe, the maritime industry has come under closer scrutiny. If you are in the listed statesterritories and would like to enroll, email the 340b prime vendor program or call 18883402787. This act may be cited as the oil pollution act of 1990. Oil pollution act overview us environmental protection agency. The oil pollution act of 1990 opa establishes a framework that addresses the liability of. To help ensure opa compliance, exxon shipping compiled all state and federal regulations to which they must abide.
Provides better compliance by simplifying plan maintenance. Opa 90 also requires owners and operators of evidence sufficient financial responsibility to cover potential liabilities under opa 90. The qi or alternate must be available on a 24hour basis and be able to arrive at the facility in a reasonable time. The goal of the oil pollution act of 1990 opa, 33 u. The definitions in subsection a of section 311 of the fwpca and section 1001 of opa 90 33 u. These regulations were issued pursuant to section 21j5 of the federal water pollution control act fwpca, as amended by the oil pollution act of 1990 opa 90. Coast guard issues final rule raising opa 90 liability. 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. These agreements conform to the international groups guidelines for vessel response plan contracts and have the following footers. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regula. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. The coast guard clarifies the regulations for determining phaseout dates for single hull tank vessels under the oil pollution act of 1990 opa 90. The act significantly increased federal oversight of maritime oil transportation, while providing.
The united states lacked adequate resources, particularly federal funds, to respond to. Ops is now adopting the interim rule as a final rule. One of epas top priorities is to prevent, prepare for, and respond to oil spills that occur in and around inland waters of the united states. M jamal uddin on november 26, 2016 0 comment 1954 marpol convention adopted prohibition of oily discharge within 50. As such, courts are frequently asked to interpret the act and its implementing regulations to determine whether the npfc is acting in accordance with the law or. Aug, 2019 certificate of financial responsibility cofrs the national pollution funds center is tasked with administering the vessel financial responsibility portions of the oil pollution act of 1990 opa and the comprehensive environmental response, compensation and liability act cercla. It was last amended by the public law listed in the as amended through note above. Epa oil program dagmar schmidt etkin environmental research consulting. 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.
Financial responsibility for water pollution vessels and opa 90 limits of liability vessels, deepwater ports and onshore facilities subpart b. The coast guard is amending the regulatory requirements, under the oil pollution act of 1990 and the comprehensive environmental response, compensation and liability act, for vessel operators as defined in the rule to establish and maintain evidence of financial responsibility. Steamship mutual opa 90 limits of liability increased. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. Phmsa is responsible for regulating and ensuring the safe and secure movement of hazardous materials to industry and consumers by all modes of transportation, including pipelines. Marine environment protection training marpol opa 90 the world today is witnessing a rapid environmental degradation.
Federal register oil pollution act of 1990 phaseout. Opa 90 is one of two guiding documents under which prince william sound regional citizens advisory council oper a created date. Opa 90 limits of liability vessels, deepwater ports and onshore facilities. Under the oil pollution act of 1990 opa 90, all facility and vessel response plans must identify a qualified individual qi and at least one alternate who meets the requirements of these sections of the cfr.
Oil pollution act of 1990 united states coast guard. New limits of liability under opa 90 come into effect on december 21, 2015. For example when in us waters, the crew of the tanker vessels also need to comply with opa 90 requirements of work and rest hours. Marine environment protection training marpol opa 90. Opa 90 final rule on increase in limits of liability gard. Epa is the lead federal response agency for oil spills occurring in inland waters. Opa 90, which addressed both of these deficiencies. The federal oil pollution act of 1990 opa 90 addresses oil spill prevention, response, and liability and compensation should spills occur. This publication is a compilation of the text of public law 1080.
Oil spills prevention and preparedness regulations us epa. To navigate through the ribbon, use standard browser navigation keys. 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. Opa 90 final rule on increase in limits of liability 18. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in. The opa 90 regulations, which stands for the oil pollution act of 1990, was spurred on. 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 spills prevention and preparedness regulations. Trps webbased planning systems are tailormade for opa 90 facility response plans, with the following benefits. On the other hand, msrc and nrc provide enhanced coverage in hawaii to tank and nontank vessel owners through their existing opa 90 standard service agreements for oil spill response. In 1989, what was then, the worst oil spill in history took place in the alaskan water area.
The passage of the oil pollution act of 1990 opa 90 by the u. Coast guard issues final rule raising opa 90 liability limits maritime december 2015 no. There were many lessons learned the aftermath of the valdez oil spill. United states environmental protection agency off ice of solid waste and emergency response publication 9360. Opa is just one of the many statutes and regulations relevant to oil spills, which is why vessel pollution insurance, and choosing the right partner as your underwriter, is a crucial decision.
Understanding the work and rest hours requirements on ships. The uscg recently published a final rule establishing increased limits under the oil pollution act of 1990. Opa 90 amended the clean water act and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the united states. Creates a framework and mechanism to capture mandated information. Financial responsibility for water pollution vessels 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.