Kiera Jefferson
The Oil Pollution Act of 1990 was passed by the 101st United States Congress and signed by President George H. W. Bush on August 18, 1990. The Act was a response to the Exxon Valdez oil spill in March 1989, which released nearly 11 million gallons of crude oil into Prince William Sound, and three smaller spills that occurred within US coastal waters in June 1989. These incidents highlighted the need for stronger legislation to address oil spills and their environmental impacts. The Oil Pollution Act aimed to improve measures to prevent, prepare for, and respond to oil spills in US waters, holding polluters accountable for the cost of cleanup and damage.
| Characteristics | Values |
|---|---|
| Year of enactment | 1990 |
| Purpose | To avoid oil spills from vessels and facilities |
| Prompts | The Exxon Valdez oil spill in 1989, three smaller spills in 1989, and previous oil spills such as the Torrey Canyon in 1967 and the Santa Barbara spill in 1969 |
| Enforcing authority | 101st United States Congress |
| Signed by | President George H. W. Bush |
| Date signed | August 18, 1990 |
| Key provisions | Enforcement of removal of spilled oil, assignment of liability for cleanup and damage costs, definition of responsible parties, implementation of processes for measuring damages, establishment of a fund for damages and removal costs |
| Impact | Instrumental changes in oil production, transportation, and distribution industries |
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What You'll Learn
The Torrey Canyon oil spill in 1967
The Torrey Canyon incident began on February 19, 1967, when the Torrey Canyon supertanker, loaded with a full cargo of crude oil, set sail from Kuwait and headed towards Wales. On March 14, the ship reached the Canary Islands. However, a navigational error occurred on March 18, causing the tanker to strike rocks off the southwest coast of the United Kingdom. This area is located between the Cornish mainland and the Isles of Scilly.
The resulting oil spill saw an estimated 25-36 million gallons (approximately 94-164 million litres) of crude oil leak into the English Channel. This made it the largest oil spill in the world at that time. The spill affected hundreds of miles of coastline in the United Kingdom, France, Guernsey, and Spain. The environmental impact was severe, and the cleanup efforts were challenging.
Initial attempts to mitigate the damage included the use of detergents and dispersants to break up the oil. Around 3,000 tons of detergents were used, including on the French coast and in the English Channel. While these methods had been employed in smaller port and harbour spills, they proved largely ineffective in this case, with much of the oil still reaching the shores. Physical shoreline cleanup efforts were also undertaken, including the use of large vehicles, napalm, and flame throwers. These efforts often drove the oil deeper into the shore material.
The British and French governments pursued legal action against the owners of the Torrey Canyon. Due to traditional maritime law, the liability of the shipowners was limited to the value of the ship and its cargo. However, the Torrey Canyon was left with only one remaining lifeboat worth $50, highlighting the inadequacy of existing liability laws. This incident brought to light the need for more comprehensive legislation to address oil spills and hold responsible parties accountable.
The Torrey Canyon oil spill sparked significant changes in maritime law and oil spill response strategies. It also contributed to the development of scientific studies focused on monitoring and researching the fate and effects of oil spills in marine environments. The incident brought international attention to the safe transportation of oil and the need for effective risk management processes to prevent shipping accidents.
Overall, the Torrey Canyon oil spill of 1967 was a pivotal event that raised awareness about the environmental and economic consequences of marine oil spills. It served as a catalyst for legislative changes and advancements in oil spill response techniques, ultimately influencing the creation of comprehensive environmental protection laws, including the Oil Pollution Act of 1990.
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The Santa Barbara oil spill in 1969
The Santa Barbara oil spill of 1969 was a catastrophic event that occurred in the Santa Barbara Channel, off the coast of Southern California. It is considered one of the major drivers of the American environmental movement and prompted the creation of several environmental protection laws, including the Oil Pollution Act.
On January 28, 1969, a blow-out occurred on Union Oil's Platform A, situated in the Dos Cuadras Offshore Oil Field, about six miles from the coast. This resulted in a massive discharge of crude oil, with estimates ranging from 80,000 to 100,000 barrels spilled over a ten-day period. The oil slick spread onto the beaches of Santa Barbara County, polluting the coastline from Goleta to Ventura and affecting the northern shores of the Channel Islands.
The spill had a devastating impact on marine life, killing approximately 3,500 sea birds and numerous marine mammals, including dolphins, elephant seals, and sea lions. The economic effects were also significant, with commercial fishing suspended and tourism taking a hit. The oil spill received widespread media coverage, bringing the issue of oil pollution into the national spotlight.
The public outcry following the Santa Barbara oil spill led to the signing of the National Environmental Policy Act in early 1970, which established environmental policies and goals for the protection and enhancement of the environment. It also spurred the creation of the U.S. Environmental Protection Agency and the inaugural Earth Day celebration in April 1970, further cementing the environmental movement's momentum.
The Santa Barbara oil spill of 1969 served as a stark reminder of the fragile state of our environment and the need for stringent measures to prevent and mitigate the impacts of oil spills and other environmental disasters. It played a pivotal role in shaping public opinion and legislative action, ultimately contributing to the passage of the Oil Pollution Act and other environmental protection laws.
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The Exxon Valdez oil spill in 1989
On March 23, 1989, at 9:12 pm, the Exxon Valdez oil tanker left the Alyeska Pipeline carrying approximately 53 million gallons of crude oil. It was headed for Long Beach, California. Just after midnight on March 24, the tanker ran into Bligh Reef, spilling about 10.8 million gallons of oil into Prince William Sound, Alaska. The ecologically sensitive location, season of the year, and large scale of the spill resulted in one of the largest environmental disasters in US history.
The spill affected more than 1,300 miles of shoreline, with immense impacts on fish and wildlife and their habitats, as well as local industries and communities. The toll on birds and other wildlife, such as sea otters, was documented by news media across the country and around the world, as was the length of time required for the shoreline cleanup. This resulted in high visibility and constant public awareness, which eventually translated into congressional action and new legislation related to how the US government would respond to oil spills.
The Exxon Valdez spill resulted in a close examination of the status of oil spill prevention, response, and cleanup in the United States. It pushed Congress to pass the 1990 Oil Pollution Act (OPA), which aimed to put stronger measures in place to prevent spills and accelerate the nation's response to those that occurred. The OPA works to avoid oil spills from vessels and facilities by enforcing the removal of spilled oil and assigning liability for the cost of cleanup and damage. It requires specific operating procedures and defines responsible parties and financial liability. Under the OPA, federal, tribal, state, and any other person can recover removal costs from a responsible party so long as such entity has incurred costs from carrying out oil removal activities.
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The creation of the National Environmental Policy Act
NEPA established national environmental policies and goals for the protection, maintenance, and enhancement of the environment. It was a landmark legislation that set the tone for future environmental protection efforts in the United States. The act also led to the creation of the U.S. Environmental Protection Agency (EPA) in the same year.
Prior to the NEPA, there had been growing concerns about environmental pollution, especially oil pollution. In 1922, the New York Times reported that oil discharges with ballast water had become a widespread problem, defiling the environment and posing a threat to wildlife and sanitation. This led to the passing of the Oil Pollution Act of 1924, which outlawed oil discharges from vessels into navigable waters of the U.S. However, this legislation only addressed vessel discharges and had limited liability provisions.
In 1967, the release of over 100,000 tons of crude oil from the SS Torrey Canyon into the English Channel highlighted the shortcomings of existing laws. While the owners of the Torrey Canyon were held liable, they only had to pay $50, which was the value of the remaining lifeboat. This incident, along with the Santa Barbara oil spill, thrust oil pollution into the public spotlight and prompted Congress to take further action.
The public awareness and congressional action that followed these oil spills played a crucial role in the creation of the NEPA and subsequent environmental legislation. The NEPA set the foundation for future environmental policies and established the importance of protecting and preserving the nation's natural resources. It also recognised the need for a comprehensive approach to environmental protection, addressing not just oil pollution but a range of environmental concerns.
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The creation of the National Oil and Hazardous Substances Pollution Contingency Plan
The National Oil and Hazardous Substances Pollution Contingency Plan, commonly referred to as the National Contingency Plan or NCP, was first developed and published in 1968. This federal government blueprint outlines the steps for responding to oil spills and hazardous substance releases. The plan was created in response to the Torrey Canyon incident, where over 100,000 tons of crude oil were released into the English Channel, causing environmental damage and highlighting the need for a coordinated approach to oil spill management.
The NCP provides a comprehensive system for accident reporting, spill containment, and cleanup. It establishes the National Response Team (NRT) and Regional Response Teams (RRTs) to guide response efforts. The plan also includes approaches for spill reporting, containment, and cleanup, as well as the creation of precursors to the NRT and RRTs. The NCP is designed to promote coordination among the hierarchy of responders and contingency plans, ensuring efficient and effective responses to discharges of oil and releases of hazardous substances.
Revisions have been made to the NCP over the years to keep it up-to-date with legislative changes. For example, following the passage of Superfund legislation in 1980, the NCP was expanded to cover releases at hazardous waste sites requiring immediate removal actions. In 1994, revisions were finalized to reflect the oil spill provisions of the Oil Pollution Act of 1990, strengthening the EPA's ability to prevent and respond to catastrophic oil spills.
The NCP plays a crucial role in preparing for and addressing oil spills and hazardous substance releases. It outlines the responsibilities of federal, state, and local governments and describes the resources available for response. The NCP also establishes the requirements for federal, regional, and area contingency plans, ensuring a coordinated and efficient response to environmental incidents. The plan is an essential tool for mitigating the environmental and ecological impacts of oil spills and hazardous substance releases.
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Frequently asked questions
The Platform A/Santa Barbara oil spill in 1969.
The Oil Pollution Act of 1924 was the first legislation passed in the US that outlawed oil discharges from vessels into navigable waters.
The Torrey Canyon oil spill revealed the shortcomings of the existing law, which only held the owners of the Torrey Canyon liable for $50 out of the $8 million in cleanup costs. This led to the creation of the National Oil and Hazardous Substances Pollution Contingency Plan in 1968.
The Exxon Valdez oil spill in 1989, which spilled nearly 11 million gallons of crude oil.
The Oil Pollution Act of 1990 aimed to improve measures to prevent, prepare for, and respond to oil spills in US waters, as well as hold polluters accountable and define financial liability.
