The applicable plan provides for resources to respond to a worst case discharge from that vessel or facility. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. The natural surroundings like air conditions, water, land, atmosphere etc are usually the part of physical environment but they usually are known as natural environment. Bush signed it into law 25 years ago on august 18, 1990, which was the summer after the tanker exxon valdez hit. I have just modified one external link on oil pollution act of 1990. Fortunately, in august of 1990, congress voted unanimously to pass the oil pollution act, which promisedand has largely deliveredsignificantly improved measures to prevent, prepare for, and respond to oil spills in u. 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. These periodic adjustments are required by law in order to reflect significant increases in the consumer price index cpi and preserve the deterrent. 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.
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. 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. Oil pollution act of 1990 deepwater horizon oil spill. It might be a physical component, which is also be known as physical environment or abiotic environment which includes the built environment. Translation find a translation for oil pollution act of 1990 in other languages. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through cost. In 1990, congress passed the oil pollution act opa to help address a wide range of issues associated with preventing, responding to, and paying for oil pollution. It created a comprehensive prevention, response, liability, and compensation regime to deal with. Guidance document for natural resource damage assessment. 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.
The passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation. 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. Know more about this relation in this article the attorneys and staff at searcy denney are some of the most compassionate and caring individuals i have met in the legal field. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. 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 1990 law expanded the existing liability provisions within the cwa and created new free standing requirements regarding oil spill prevention and response. Update on implementation of the oil pollution act of 1990. Opportunities for source reduction are often not realized because of existing regulations, and the industrial resources required for compliance, focus. Oil pollution act of 1990 opa united states coast guard. Explain the oil pollution act of 1990, including why. The pollution prevention act of 199o public law 101508. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through costeffective changes in production, operation, and raw.
Oil pollution liability and compensation establishes the oil spill compensation fund. Bush to prevent and measure the civil liability from future oil spills off the coast of the united states. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through costeffective changes in production, operation, and raw materials use. The opa extensively amended the federal water pollution control act. Environmental pollution free pdf download the natural surroundings like air conditions, water, land, atmosphere etc are usually the part of physical environment but they usually are known as natural environment. People surrounding the item or thing, this type of environment is known as. This is the principal statute governing oil spills into the nations waterways. 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. Oil pollution act of 1990 download ebook pdf, epub. Read chapter 4 economic impact of the oil pollution act of 1990 on the international tanker fleet. 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. The international chamber of shipping ics is the principal international trade association for shipowners, with a membership comprising national shipowners associations from 31 countries, including the united states of. Local government water pollution amendment act, 1990.
Oil pollution act opa and federal facilities us epa. Morgan introduction n the environmental frenzy which followed 1989s 10. Polluters are made accountable for the clean up costs. Executive summary effects of doublehull requirements on oil.
Pollution prevention act of 1990 directs the administrator of the environmental protection agency epa to establish within epa an office to promote pollution prevention through source reduction. Short title 42 usc 101 thti subtitle may be cited as the pollution prevention act of 1990. In 1990, the oil pollution act amended the clean water act to require some oil storage facilities to prepare facility response plans. Oil pollution act of 1990 opa 1 oil pollution act of 1990 opa by casey marshall. 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. Oil pollution act overview us environmental protection. Damage assessments nrdas under the oil pollution act of 1990 opa. It outlined how preventable pollution would be dealt by recycling as part of pollution prevention.
Download a pdf of doublehull tanker legislation by the national research council for free. Ppt oil pollution act of 1990 opa powerpoint presentation. Ten years after the enactment of the oil pollution act of. Nov 23, 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. This is the talk page for discussing improvements to the oil pollution act of 1990 article. Pollution prevention act of 1990 essay, essay writing example. There is a fragmented collection of federal and state laws providing. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. This treatise also includes an extensive analysis of opa jurisprudence and nonopa jurisprudence construing preopa statutes regulating oil and hazardous substance pollution. It took more than the exxon valdez oil spill to pass the. More than 10 years have elapsed since the passage of opa 90. 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. They work tirelessly on behalf of their clients to ensure the best possible outcome. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills.
An assessment of the oil pollution act of 1990 1998. 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. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. A bill to implement the national objective of pollution prevention by establishing a source reduction program at the enviromental protection agency, by assisting states in providing information and technical assistance regarding source reduction, and for other purposes.
Click download or read online button to get oil pollution act of 1990 book now. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. This site is like a library, use search box in the widget to get ebook that you want. Conference report filed in house 08011990 oil pollution act of 1990 title i. State unlimited liability laws in the wake of the oil pollution act of. 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. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa.
The passage of the oil pollution act of 1990 opa 90 b. Noaa would appreciate any suggestions on how this document could be made more practical and useful. 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. Industry objected that the oil pollution act would hinder the free flow in the trade of imported oil in the waters of the. This is not a forum for general discussion of the articles subject.
August 18, 2015 if you, like many, believe oil shouldnt just be spilled without consequence into the ocean, then you, like us, should be grateful for a very important u. Section 311 of the clean water act cwa, as amended by the op a, provides the authority for the federal governments oil spill program. Please sign and date your posts by typing four tildes. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal. New liability limits under the oil pollution act of 1990.
Oil pollution act of 1990 united states coast guard. 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. Burnett 1 environmental management volume 22, pages 2 224 1998 cite this article. Coastal oil spill prevention and response provisions languishing for years within congress all of. Pollution act exhibits substantial congressional dissatisfaction with the patch work of oil pollution protection measures, as exhibited in the following excerpt. Bush to prevent and measure the civil liability from. Be it enacted by the senate and house of representatives of the. If you have any questions, or need the bot to ignore the links, or the page altogether, please visit this simple faq for additional information.
The spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. 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. Oil pollution act this act, oil pollution act of 1990 public law 1080 33 u.
The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. This act may be cited as the oil pollution act of 1990. This treatise attempts an extensive textual analysis of the compensation and liability subchapter of the oil pollution act of 1990 opa. 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 opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to.
Oil pollution act 1990 bureau of safety and environmental. The 1990 law expanded the existing liability provisions within the cwa and created new freestanding requirements regarding oil spill prevention and response. Requires the administrator to develop and implement a source reduction strategy which. The opa addressed issues associated with preventing, responding to, and paying for oil pollution.
The applicable plan provides for resources to respond to. With the enactment of opa on august 18, 1990, congress consolidated the existing federal oil spill laws under one program. Introduced in house 1025 1990 pollution prevention act of 1990 directs the administrator of the environmental protection agency epa to establish within epa an office to promote pollution prevention through source reduction. The united states code is meant to be an organized, logical compilation of the laws passed by congress. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. Click here to buy this book in print or download it as a free pdf, if available. 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. How does oil pollution act of 1990 connected to deepwater horizon oil spill.
1333 738 167 730 1107 689 637 210 92 58 840 529 654 640 310 632 1564 454 1142 38 1516 1620 1584 814 77 1405 998 1354 103 678 1216 822 954 1528 991 109 1203 1527 1286 964 118 1364 385 472 695 1003 1143 1446 664