It took more than the exxon valdez oil spill to pass the. This treatise also includes an extensive analysis of opa jurisprudence and nonopa jurisprudence construing preopa statutes regulating oil and hazardous substance pollution. Conference report filed in house 08011990 oil pollution act of 1990 title i. 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. Download a pdf of doublehull tanker legislation by the national research council for free. Oil pollution act of 1990 united states coast guard. A policy whose time has come or symbolic legislation. 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 improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal.
This is the talk page for discussing improvements to the oil pollution act of 1990 article. 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. 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. They work tirelessly on behalf of their clients to ensure the best possible outcome. Oil pollution act opa and federal facilities us epa. Oil pollution act overview us environmental protection. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Noaa would appreciate any suggestions on how this document could be made more practical and useful. More than 10 years have elapsed since the passage of opa 90. Be it enacted by the senate and house of representatives of the. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills.
Read chapter 4 economic impact of the oil pollution act of 1990 on the international tanker fleet. The 1990 law expanded the existing liability provisions within the cwa and created new freestanding requirements regarding oil spill prevention and response. 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. Oil pollution act of 1990 deepwater horizon oil spill. 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 essay, essay writing example. The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to. Industry objected that the oil pollution act would hinder the free flow in the trade of imported oil in the waters of the. Executive summary effects of doublehull requirements on oil.
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. 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 opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. 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 passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation.
Explain the oil pollution act of 1990, including why. Oil pollution act of 1990 opa louisiana oil spill prevention and response act of 1991 ospra as amended. It might be a physical component, which is also be known as physical environment or abiotic environment which includes the built environment. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through cost. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa.
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. With the enactment of opa on august 18, 1990, congress consolidated the existing federal oil spill laws under one program. The pollution prevention act of 199o public law 101508. 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. 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. 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. Pollution act exhibits substantial congressional dissatisfaction with the patch work of oil pollution protection measures, as exhibited in the following excerpt. Oil pollution act of 1990 opa 1 oil pollution act of 1990 opa by casey marshall.
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. The spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan. Short title 42 usc 101 thti subtitle may be cited as the pollution prevention act of 1990. 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.
Translation find a translation for oil pollution act of 1990 in other languages. Click download or read online button to get oil pollution act of 1990 book now. 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. Update on implementation of the oil pollution act of 1990. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through costeffective changes in production, operation, and raw.
I have just modified one external link on oil pollution act of 1990. An assessment of the oil pollution act of 1990 1998. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. People surrounding the item or thing, this type of environment is known as. 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. Burnett 1 environmental management volume 22, pages 2 224 1998 cite this article. New liability limits under the oil pollution act of 1990. Bush signed it into law 25 years ago on august 18, 1990, which was the summer after the tanker exxon valdez hit. 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. Bush to prevent and measure the civil liability from future oil spills off the coast of the united states.
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. 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. Ppt oil pollution act of 1990 opa powerpoint presentation. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. The 1990 law expanded the existing liability provisions within the cwa and created new free standing requirements regarding oil spill prevention and response.
The united states code is meant to be an organized, logical compilation of the laws passed by congress. The applicable plan provides for resources to respond to a worst case discharge from that vessel or facility. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. There is a fragmented collection of federal and state laws providing. Polluters are made accountable for the clean up costs. 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. Oil pollution liability and compensation establishes the oil spill compensation fund. Coastal oil spill prevention and response provisions languishing for years within congress all of. This site is like a library, use search box in the widget to get ebook that you want. In 1990, the oil pollution act amended the clean water act to require some oil storage facilities to prepare facility response plans. 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. State unlimited liability laws in the wake of the oil pollution act of. Oil pollution act opa of 1990 noaas damage assessment.
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. Local government water pollution amendment act, 1990. This act may be cited as the oil pollution act of 1990. Please sign and date your posts by typing four tildes. Damage assessments nrdas under the oil pollution act of 1990 opa. Opportunities for source reduction are often not realized because of existing regulations, and the industrial resources required for compliance, focus. This is not a forum for general discussion of the articles subject. Section 311 of the clean water act cwa, as amended by the op a, provides the authority for the federal governments oil spill program. Guidance document for natural resource damage assessment. Oil pollution act of 1990 download ebook pdf, epub.
The opa extensively amended the federal water pollution control act. Ten years after the enactment of the oil pollution act of. The applicable plan provides for resources to respond to. This treatise attempts an extensive textual analysis of the compensation and liability subchapter of the oil pollution act of 1990 opa. 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.
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 principal statute governing oil spills into the nations waterways. The passage of the oil pollution act of 1990 opa 90 b. Click here to buy this book in print or download it as a free pdf, if available. Bush to prevent and measure the civil liability from. It outlined how preventable pollution would be dealt by recycling as part of pollution prevention. Oil pollution act this act, oil pollution act of 1990 public law 1080 33 u.
Morgan introduction n the environmental frenzy which followed 1989s 10. 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. The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. It created a comprehensive prevention, response, liability, and compensation regime to deal with. One reason congress enacted the oil pollution act of 1990 opa 90 was to reduce the occurrence of oil spills through preventive measures. 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.
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 1990 bureau of safety and environmental. 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. 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. These periodic adjustments are required by law in order to reflect significant increases in the consumer price index cpi and preserve the deterrent.
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