Given the opa 90 phaseout schedule for singlehull vessels and delays. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. Section 4115 and the marpol regulations f and g marpol f and g differ in their approach and timing, although both sets of regulations require. For example when in us waters, the crew of the tanker vessels also need to comply with opa90 requirements of work and rest hours. On 19 november 2015, the united states coast guard published a final rule to increase limits of liability by around 10% for vessels under opa 90. Be it enacted by the senate and house of representatives of the. Oil pollution act of 1990 opa united states coast guard. Opa 90, which addressed both of these deficiencies. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. The us has increased the liability limits under opa90. Congress recognized that section 4115 would have broad and potentially unexpected impacts.
Deepwater horizon and the patchwork of oil spill liability law nathan richardson. Completion of the exercises described in the prep guidelines is one option for maintaining compliance with opa 90. The miller environmental group training institute combines certified training professionals, with years of teaching experience and seasoned handson instructors bringing practical, real world approaches to training. Pdf post opa90 vessel oil transfer spill prevention. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. 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. Deepwater horizon and the patchwork of oil spill liability law. Coast guard issues final rule raising opa 90 liability. It is premature to evaluate the performance of opa 90 because it has not so far been tested by a major oil spill since the enactment of opa 90. Coastal oil spill prevention and response provisions languishing for years within congress all of. For example when in us waters, the crew of the tanker vessels also need to comply with opa 90 requirements of work and rest hours.
Phmsa is responsible for implementing the oil pollution act of 1990 as it applies to onshore oil pipelines to decrease the likelihood of pipeline spills, diminish the environmental consequences of spills, and ensure that the responses to spills are swift and well planned. To minimize threats to life, property or the environment due to hazardous materials related incidents, phmsas office of hazardous materials safety develops. The qi or alternate must be available on a 24hour basis and be able to arrive at the facility in a reasonable time. Opa 90 also requires owners and operators of evidence sufficient financial responsibility to cover potential liabilities under opa 90. Oil pollution act opa and federal facilities us epa. The 340b program enables covered entities to stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services. Opa nrda regulations noaas damage assessment remediation. Understanding the work and rest hours requirements on ships. The document is organized into 16 sections that describe the various requirements. Epa has published regulations for above ground storage facilities. 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. Introduction an oil rig explodes in the gulf of mexico, with tragic results.
Dec 30, 2017 the best part of this software is that it takes into account all the regulations related to work and rest hours. Opa 90 increased the role and dimensions of the ncp by establishing a more robust planning and response system to improve response and prevent spills in marine environments. Marpol annex i regulations for the prevention of pollution by oil background the worlds first oil tankers appeared in the late 19th century and carried kerosene for lighting, but the invention of the motor car fuelled demand for oil. The best part of this software is that it takes into account all the regulations related to work and rest hours. Table 22 requirements of opa 90 and imo regulation f for new vessels. The opa 90 limits of liability for vessels have been adjusted due to an. Opa 90 complexities and recent legislative developments. These liability regulations are similar to those of opa90 and are expected to. During the second world war, the standard oil tanker was. The goal of the oil pollution act of 1990 opa, 33 u. Act of 1990 opa 90, or epas regulations, nor is it a regulation itself. The oil pollution act opa of 1990 streamlined and strengthened. Cleanup costs are massivebut could pale in comparison to the costs of damages to natural resources, private property, and livelihoods.
Coast guard published a final rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the oil pollution act of 1990 opa 90. Oil pollution act of 1990 opa 1 oil pollution act of 1990 opa by casey marshall. Financial responsibility for water pollution vessels and. 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 vessel liability provisions in opa 90 strike a careful balance taking into account both vessel type and size to provide appropriate levels of responsibility for the broad range of vessels to which opa 90 applies. The opa 90 limits of liability for vessels have been adjusted due to an increase in the consumer price index cpi. The uscg recently published a final rule establishing increased limits under the oil pollution act of 1990. It is important to look at these regulations with the same critical eye as the rest of the preventative package of opa90. Opa 90 emergency response planning blog publishing actionable. Oil spill liability trust fund osltf funding for oil spills. The program requirements for title x funded family planning projects were developed to assist current and prospective grantees in understanding and implementing the family planning grants program authorized by title x of the phs act 42 u. 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 90 amended the clean water act and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the united states. The oil spill liability trust fund osltf or fund is a billiondollar fund established as a funding source to pay removal costs and damages resulting from oil spills or substantial threats of oil spills to navigable waters of the united states.
The coast guard is amending the regulatory requirements, under the oil pollution act of 1990 and the comprehensive environmental response, compensation and liability act, for vessel operators as defined in the rule to establish and maintain evidence of financial responsibility. A balance of classroom work and field exercises provides a full learning experience for the student. You may need a pdf reader to view some of the files on this page. Client login to view our geographical specific appendix gsa, our equipment deployment exercises document, remote assessment and consultation exercise race forms, and to register for. A major oil spill in us waters in the future would illuminate the limitations of opa 90 and lead to a fundamental reconsideration of the structure of opa 90. Medicare must comply with all provisions of the group health plans including a plan of timely. The act significantly increased federal oversight of maritime oil transportation, while providing. Oil pollution act 1990 bureau of safety and environmental. Phmsa is responsible for regulating and ensuring the safe and secure movement of hazardous materials to industry and consumers by all modes of transportation, including pipelines.
Client login to view our geographical specific appendix gsa, our equipment deployment exercises document, remote assessment and consultation exercise race forms, and to register for our virtual table top exercises click here to log in. The passage of opa 90 was a catalyst for a major change in the structural design of tank vessels. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. Workship is a work and rest hours management software which assures shipboard compliance without manipulation.
The opa is the primary legislation that governs oil spills in the u. 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. United states environmental protection agency off ice of solid waste and emergency response publication 9360. Oil pollution act 1990 opa 90 provides for an adjustment of the limits of liability according to increase in consumer price index cpi not less than ever three years.
The raise in liability limits also increases the amount of financial responsibility that vessels ownersoperators are required to maintain and provide. Opa 90 limits of liability vessels, deepwater ports and onshore facilities. Changes to the liability and insurance related aspects of opa 90 for vessels are unwarranted. Resolve marine groups opa90 smff program enables ship owners trading in u. Opa 90 final rule on increase in limits of liability 18. This handbook is available for download as a pdf file from epas. Federal register oil pollution act of 1990 phaseout. Under the oil pollution act of 1990 opa 90, all facility and vessel response plans must identify a qualified individual qi and at least one alternate who meets the requirements of these sections of the cfr. The osltf is used for costs not directly paid by the polluter, referred to as the responsible party. Multiple facility response planning company preparedness guide download.
Neither opa 90 nor our regulations address if, or when, a vessel owner can convert a single hull tank vessel to include only double sides or only a double bottom to change its phaseout date. Ten years after the enactment of the oil pollution act of. Financial responsibility for water pollution vessels and opa 90 limits of liability vessels, deepwater ports and onshore facilities subpart b. Trend in oil spills before and after opa 90 are highlighted in the section oil spills a decade later. The opa 90 timetable for double hull requirements for single hull tank vessels is set out in 33 cfr part 157, appendix g. New limits of liability under opa 90 come into effect on december 21, 2015. The opa requires oil storage facilities and vessels to submit to the federal. Ppt oil pollution act of 1990 opa powerpoint presentation.
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. Opa 90 provisions and the benefitcost analysis of major regulations that congress charged us coast guard and epa to issue are presented in the section the oil pollution act of 1990. States coast guard uscg salvage and marine fire fighting requirements. Dec 01, 2015 the us has increased the liability limits under opa90. If you are in the listed statesterritories and would like to enroll, email the 340b prime vendor program or call 18883402787. The passage of the oil pollution act of 1990 opa 90 was a landmark piece of federal legislation.
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