It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. By using patent data, i can more accurately model the progress of innovation that may have. 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 spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Learn vocabulary, terms, and more with flashcards, games, and other study tools. Pollution control innovations and the clean air act of 1990, journal of policy analysis and management, 2003, v224,autumn, 641660. Bush to prevent and measure the civil liability from future oil spills off the coast of the united states. Local government water pollution amendment act, 1990. Pollution prevention act of 1990 pollution prevention. 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. Pollution prevention act of 1990 pollution prevention p2. 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 oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. Polluters are made accountable for the clean up costs. 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. A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. 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 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. 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. Explain the oil pollution act of 1990, including why. Pollution control innovations and the clean air act of 1990. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. May 01, 2020 the oil pollution act of 1990 opa 101 h. It created a comprehensive prevention, response, liability, and compensation regime to deal with.
The applicable plan provides for resources to respond to a worst case discharge from that vessel or facility. The pollution prevention act of 1990 was enacted to increase interest in source reduction or pollution prevention and encourage adoption of cost effective source reduction practices. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. 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. The opa extensively amended the federal water pollution control act. The opa is the overarching federal statute that delineates the roles and functions of federal agencies involved in responding to a spill in coastal waters. 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.
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 oil spills in navigable u. 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. Oil pollution liability and compensation establishes the oil spill compensation fund. 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. Oil pollution act of 1990 united states coast guard. See end of document for details d requiring such an authority, on payment of such charges as may be imposed. New liability limits under the oil pollution act of 1990. Opa is part of an evolving field of law that is increasingly relevant, given the rise in oil and gas production in the united. 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.
Opa and its regulations establish procedures for recovering removal costs and damages against the oil spill liability trust fund. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regulations resulted in a farreaching change in the design of tank vessels. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. 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 act opa of 1990 noaas 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. In the wake of over 11 million gallons of oil spilled by exxon valdez in prince william sound, alaska, march 1989, the united states congress passed the oil pollution act in 1990 opa 90, after it languishing for fourteen years.
Section 311 of the clean water act cwa, as amended by the op a, provides the authority for the federal governments oil spill program. Oil pollution act of 1990 opa united states coast guard. Click here to buy this book in print or download it as a free pdf, if available. The opa requires oil storage facilities and vessels to submit to the federal. With the enactment of opa on august 18, 1990, congress consolidated the existing federal oil spill laws under one program. The oil pollution act, 1990 opa 90 was passed by the us congress in the aftermath of 11 million gallon spill of crude oil in prince william sound, alaska. Oil pollution act overview us environmental protection agency.
The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Congress to pass the 1990 oil pollution act opa, which strengthened the federal governments ability to respond to and prevent oil spills. These periodic adjustments are required by law in order to reflect significant increases in the consumer price index cpi and preserve the deterrent. 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. Part of the environmental law commons recommended citation michael p. Oil pollution act of 1990 opa 1 oil pollution act of 1990 opa by casey marshall.
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. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. Morgan introduction n the environmental frenzy which followed 1989s 10. According to the act, it is the policy of the united states that pollution should be prevented or reduced at the source. The passage of the oil pollution act of 1990 opa 90 b. Update on implementation of the oil pollution act of 1990. Public law 1080 101st congress an act united states code. It outlined how preventable pollution would be dealt by recycling as part of pollution prevention. Conference report filed in house 08011990 oil pollution act of 1990 title i. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through cost. Bush to prevent and measure the civil liability from.
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. 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. Damage assessments nrdas under the oil pollution act of 1990 opa. This is the principal statute governing oil spills into the nations waterways. Local government water pollution act, 1977 1977, no. Read chapter 4 economic impact of the oil pollution act of 1990 on the international tanker fleet. The objective of opa 90 was to minimize marine casualties and oil spills by addressing preventive, protective, deterrent and performance aspects of accidental oil spills. Requires the administrator to develop and implement a source reduction strategy which. 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. The opa addressed issues associated with preventing, responding to, and paying for oil pollution.
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. Machinereadable bibliographic record marc, ris, bibtex document object identifier doi. Pollution prevention act of 1990 essay, essay writing example. In our first installment, we provide an overview of the oil pollution act opa of 1990, passed in response to the exxonvaldez oil spill in 1989. The 1989 exxon valdez oil spill, which released 11 million gallons of oil into the pacific ocean, provided the impetus for u. The united states code is meant to be an organized, logical compilation of the laws passed by congress. March 24, 1989 exxon valdez spilling 11 million gallons of crude oil spilled prince william sound, alaska. The objective of this paper is to evaluate after a decade the impact of opa 90 on marine incidents leading to oil spills in the us coastal waters. Doublehull tanker legislation the national academies press.
Public economics, environment and energy economics although economists cite potential gains from induced innovation as an advantage of using marketbased mechanisms to protect the environment, counts of patents related to flue gas desulfurization. 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. The purpose of this chapter is to assess the economic impact of the oil pollution act of 1990 opa 90, section 4115 and marpol regulations if and ig marpol f and g on the operations of the international tanker fleet. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. Noaa would appreciate any suggestions on how this document could be made more practical and useful.