Helena Joyce
The Oil Pollution Act of 1990 (OPA) 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, which occurred on March 24, 1989, and resulted in nearly 11 million gallons of crude oil being spilled—the largest marine oil spill in recorded history at that time. The OPA aimed to prevent oil spills from vessels and facilities by enforcing the removal of spilled oil and assigning liability for cleanup and damage costs. This legislation built upon previous efforts to address oil pollution, such as the Oil Pollution Act of 1924 and the National Oil and Hazardous Substances Pollution Contingency Plan created in 1968, reflecting the ongoing challenges and evolving approaches to managing the environmental impacts of oil spills.
| Characteristics | Values |
|---|---|
| Name | Oil Pollution Act (OPA) |
| Year | 1990 |
| Signed by | President George H. W. Bush |
| Purpose | To avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage |
| Features | Defines responsible parties and financial liability, implements processes for measuring damages, establishes a fund for damages, cleanup, and removal costs |
| Related Events | Exxon Valdez oil spill (1989), Torrey Canyon incident (1967), Santa Barbara oil spill (1969), National Environmental Policy Act, Clean Water Act (1972) |
| Amendments | Intervention on the High Seas Act, Federal Water Pollution Control Act, Deepwater Port Act, Outer Continental Shelf Lands Act Amendments of 1978 |
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What You'll Learn
The Oil Pollution Act of 1990
The OPA defines specific operating procedures and outlines financial liability for spills. It establishes processes for measuring and specifying damages for which violators are liable and creates a fund to cover cleanup and removal costs. This fund, known as the Oil Spill Liability Trust Fund, is financed by a tax on oil produced or imported into the United States for consumption.
The OPA requires oil storage facilities and vessels to submit plans to the Federal government detailing their response procedures in the event of a large discharge. This includes both the Coast Guard's regulations for oil tankers and the EPA's regulations for aboveground storage facilities. Additionally, the Act mandates the development of Area Contingency Plans to prepare and plan for oil spill response on a regional scale, with the Office of Emergency Management (OEM) playing a crucial role in accident prevention and response capabilities.
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Previous oil pollution legislation
The Oil Pollution Act of 1990 (OPA90) fundamentally changed how the U.S. responded to oil spills. The legislation addressed critical details of oil spills such as liability and damages and regulatory changes. However, this wasn't the first time legislation was passed to address oil pollution.
In 1851, the United States passed the Limitation of Liability Act, which stated that vessel owners were liable for incident-related costs up to the post-incident value of their vessel. However, this law was designed to protect the shipping industry and did not address the environmental impact of oil spills.
In 1917, the California Fish and Game Commission wrote about the pollution of ocean waters due to the pumping of bilge water and the emptying of ballast tanks, which was killing sea birds and fish. Despite this, it wasn't until 1924 that Congress passed the Oil Pollution Act, which outlawed oil discharges from vessels into navigable waters in the U.S. However, this statute only limited liability for deliberate discharges of oil into marine waters.
In 1967, the SS Torrey Canyon released over 100,000 tons of crude oil into the English Channel, resulting in $8 million in cleanup costs. The owners of the Torrey Canyon were held liable for only $50, the value of the only remaining lifeboat. This highlighted the shortcomings of the 1924 law, which was narrowly focused and did not address accidental oil releases.
In response to the Torrey Canyon spill, Congress placed oil pollution under the authority of the Water Quality Improvement Act of 1970, later amended by the Clean Water Act in 1972. This law set specific liability limitations for vessels transporting oil. However, these laws were still fragmented and provided only limited safeguards against the hazards of oil spills.
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The Exxon Valdez oil spill
The Oil Pollution Act of 1990 (OPA) was passed in response to several oil spills, including the Exxon Valdez oil spill, which occurred on March 24, 1989, when the Exxon Valdez oil tanker ran aground in Prince William Sound, Alaska. The incident resulted in a spill of nearly 11 million gallons of crude oil, affecting more than 1,300 miles of shoreline and causing immense damage to fish, wildlife, their habitats, and local industries and communities.
The OPA of 1990 also established a fund for damages, cleanup, and removal costs, with a trust fund financed by a tax on oil to cover spills when the responsible party is unwilling or incapable of paying. The Act further defined responsible parties and financial liability, implemented processes for measuring damages, and specified damages for which violators are liable. These measures represented a significant step forward in the oil production, transportation, and distribution industries, aiming to enforce the removal of spilled oil and assign liability for cleanup and damage costs.
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The role of the EPA
The Oil Pollution Act (OPA) of 1990 was passed by the 101st United States Congress and signed by President George H. W. Bush. The Act strengthened the Environmental Protection Agency's (EPA) ability to prevent and respond to catastrophic oil spills.
The EPA plays a crucial role in enforcing and regulating the OPA's provisions to avoid oil spills and enforce the removal of spilled oil. The OPA requires oil storage facilities and vessels to submit plans to the Federal Government, detailing their response to large discharges of oil. The EPA has published regulations for aboveground storage facilities, while the Coast Guard has done so for oil tankers.
The OPA also requires the development of Area Contingency Plans to prepare and plan for oil spill response on a regional scale. The EPA works with other federal partners, like the Office of Emergency Management (OEM), to prevent accidents and maintain superior response capabilities.
In addition, the OPA mandates that the EPA amend the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to enhance and expand procedures for oil spill response. The NCP, created in 1968, is the federal government's blueprint for responding to oil spills and hazardous substance releases. The EPA's role is to ensure that procedures for spill reporting, containment, and cleanup are followed, and that National Response Teams (NRT) and Regional Response Teams (RRTs) are guiding the response effectively.
The EPA also has enforcement authorities for OPA violations, which reside in the Clean Water Act (CWA) §311(e) and §311(c). The EPA typically negotiates a compliance agreement with a federal agency in violation of the OPA, which includes schedules for achieving compliance and dispute resolution.
Furthermore, the EPA's Clean Air Act regulations for oil and natural gas operations help combat climate change and reduce air pollution that harms public health. These regulations apply to equipment and activities used in the onshore oil and natural gas industry, which is a significant source of greenhouse gases and volatile organic compounds.
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International oil pollution prevention
The International Convention for the Prevention of Pollution from Ships, commonly known as MARPOL, is another crucial international agreement. Adopted in 1973 by the International Maritime Organization (IMO), MARPOL aims to prevent pollution of the marine environment by ships, including operational and accidental discharges. The convention has been updated over the years with various protocols and amendments, such as the 1978 MARPOL Protocol, which was adopted in response to tanker accidents in 1976-1977.
MARPOL has introduced several successful measures to reduce operational pollution and improve ship safety. For instance, regulations under MARPOL have ensured that most oil tankers are safely constructed with segregated ballast tanks, reducing the amount of oil spilled in accidents and cutting operational pollution from routine tank cleaning operations. Additionally, MARPOL has set limits on sulphur oxide and nitrogen oxide emissions from ship exhausts and prohibited the deliberate emission of ozone-depleting substances.
To comply with MARPOL, certain ships are required to possess a valid International Oil Pollution Prevention (IOPP) Certificate. This certificate is issued after a satisfactory survey and is essential for ships over a specific gross tonnage that engage in voyages to ports or offshore terminals under the jurisdiction of parties to MARPOL. The certificate becomes invalid under specific circumstances, such as significant alterations to the ship's construction or equipment without the proper approvals.
In summary, international oil pollution prevention efforts have been strengthened through legislation like the Oil Pollution Act of 1990 and the International Convention for the Prevention of Pollution from Ships (MARPOL). These measures have improved oil spill prevention, response, and overall environmental protection, contributing to a continuous decline in accidental oil pollution over the last three decades.
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Frequently asked questions
The Oil Pollution Act was made in 1990.
The Oil Pollution Act (OPA) of 1990 was passed to prevent oil spills from vessels and facilities by enforcing the removal of spilled oil and assigning liability for the cost of cleanup and damage.
The OPA requires oil storage facilities and vessels to submit plans to the Federal government detailing their response to large discharges. It also establishes a trust fund financed by a tax on oil to clean up spills when the responsible party is unwilling or incapable. Additionally, the OPA requires the development of Area Contingency Plans to prepare and plan for oil spill response on a regional scale.
There were several oil spills in the decades preceding the OPA, including the Exxon Valdez oil spill in 1989, which released nearly 11 million gallons of crude oil. These incidents highlighted the need for comprehensive legislation to address oil spill preparation, planning, and response. Various laws governing oil spills had been introduced, but a cohesive measure was lacking. The OPA consolidated and strengthened these existing laws.
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