Epa highlights on forums on aboveground oil storage facilities, report on series of workshops held by epas internal aboveground tank workgroup. Opa nrda regulations noaas damage assessment remediation. The opa is the primary legislation that governs oil spills in the u. Morgan introduction n the environmental frenzy which followed 1989s 10. As part of this system, area committees have been established for each area designated by the president. On august 2019, the uscg published a final rule to increase limits of liability for vessels under opa 90. To order, contact the gao document service at 202 2756241. The raise in liability limits also increases the amount of financial responsibility that vessels ownersoperators are required to maintain and provide evidence of to operate in the united states.
Pollution act of 1990 opa90, which strengthened accountability for vessel. Facilities a number of opa90 regulated and nonregulated facilities exist within potential reach of the great lakes. References on working hours prepared 7122004 by captain greiner. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Coast guard is in charge of screening the application process for vessels, however, the department of interiors mineral management service mms implements and enforces all of the oil pollution acts regulations for offshore oil facilities. Opa 90 final rule on increase in limits of liability 18. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are expected to have double hulls by about. An analysis of the extent to which oil discharges from vessels and nonvessel sources have or are likely to result in removal costs and damages as defined in section 1001 of the oil pollution act of 1990 33 u.
Marine environment protection training marpol opa 90. Ten msms data tables were merged to obtain the data set for this study. 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. Collectively, we deliver the full range of opa90 compliant capabilities for rescue towing, lightering, salvage and firefighting services in all u. The us oil pollution act 1990 opa 90 provides for an adjustment of the limits. On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24 hour period, or more than 36 hours in any 72hour. Thankfully after manila amendments to stcw code, the stcw 2010 requirements are made in line with the mlc requirements. 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. Code of federal regulations cfr 33 cfr 46 cfr 49 opa 90 emergency response guidebook 2012 panama canal regulations us navigation rules jones act chris manual uscg marine safety manual. The raise in liability limits also increases the amount of financial responsibility that vessels ownersoperators are required to maintain and provide.
Donjonsmit, an opa 90 alliance, has lowered its retainer fee structure supporting salvage and marine firefighting response services under the new 2011 opa 90 regulations. 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. Opa 90 complexities and recent legislative developments. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Responsibility requirementsspecial purpose entities. This act may be cited as the oil pollution act of 1990. 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.
Now, all we need to worry about is to comply with one requirement and others will be complied automatically. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. Changes to the liability and insurance related aspects of opa 90 for vessels are unwarranted. National vessel movement center nvmc qualified individual local port agents for canadian ports.
Financial responsibility for water pollution vessels and. Opa 90 limits of liability vessels, deepwater ports and onshore facilities. Understanding the work and rest hours requirements on. Oil pollution act of 1990 united states coast guard. 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. 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. It was last amended by the public law listed in the as amended through note above. 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. The united states lacked adequate resources, particularly federal funds. For tank vessels greater than 3,000 gross tons, the limitation. The passage of the oil pollution act of 1990 opa 90 by the u.
Coast guard issues final rule raising opa 90 liability. The goal of the oil pollution act of 1990 opa, 33 u. Prince william sound regional citizens advisory council pwsrcac is certified as the program for prince william sound. The opa requires oil storage facilities and vessels to submit to the federal.
On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24 hour period, or more than 36 hours. Oil pollution act of 1990 opa united states coast guard. Electronic code of federal regulations ecfr title 33. To order, contact erds spcc opa information line at 202 2602342. Be it enacted by the senate and house of representatives of the. This publication is a compilation of the text of public law 1080. Financial responsibility for water pollution vessels and opa 90 limits of liability vessels, deepwater ports and onshore facilities subpart b. The coast guard is promulgating this rule pursuant to the provisions of title i of opa, executive order 12777, as amended, and coast guard regulations in title 33 of the code of federal regulations cfr part 8, subpart bopa 90 limits of liability vessels, deepwater ports and onshore facilities. Coast guard issued a ruling to amend regulatory requirements under the oil pollution act of 1990 and the comprehensive environmental response, compensation and liability act, for vessel operators to establish and maintain evidence of financial responsibility. 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 uscg recently published a final rule establishing increased limits under the oil pollution act of 1990. Pdf although oil spills from tanker accidents receive the most publicity, most vessel spills are not the result of. The oil pollution act opa of 1990 states that the measure of natural resource damages includes. 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.
On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24 hour period. Opa 9o increased federal authority to respond to oil spills and compensate for damage when spills occur in the united. Tulane maritime law journal liability, compensation, and. Uscg increases limits of liability for ships under opa 90. New limits of liability under opa 90 come into effect on december 21, 2015. Opa 90 limits of liability vessels, deepwater ports and onshore facilities 33 cfr subpart b opa 90 limits of liability. Pdf this study investigates vessel oil spill differentials for transfer and vessel accident spills for the post. This provision is implemented by regulations promulgated by the us coast guard. The oil pollution act of 1990 established rigorous regulatory and liability controls to protect and clean up the marine environment from oil spills, including extensive provision to prevent the circumstances under which oil spills occur. In present times, with the alarming rise of marine pollution and its impact on the globe, the maritime industry has come under closer scrutiny. The uscgs prep regulations preparedness for response exercise require by way of recommendation that every vessel response plan holders staff, with emergency management responsibilities, are gathered together to discuss actions to be taken during an oil spill, based upon their response plan and their standard operating procedures. Oil pollution act opa and federal facilities us epa.
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 oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. Cook inlet regional citizens advisory council was established for alaskas cook inlet region. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in 1978 marpol 7378resulted in a farreaching change in the design of tank. Oil pollution act of 1990 opa on march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound.
Pdf post opa90 vessel oil transfer spill prevention. Oil pollution act overview us environmental protection agency. Usa regulations code of federal regulations cfr 33 cfr 46 cfr 49 opa 90 emergency response guidebook 2012 panama canal regulations us navigation rules jones act chris manual uscg marine safety manual price. Opa and its regulations establish procedures for recovering removal costs and damages against the oil spill liability trust fund. The opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim. Donjonsmit, an opa90 alliance, has lowered its retainer fee structure supporting salvage and marine firefighting response services under the new 2011 opa90 regulations.
Opa 90 also requires owners and operators of evidence sufficient financial responsibility to cover potential liabilities under opa 90. Dec 30, 2017 opa 90 requirements for work and rest hours. Fifth circuit clarifies claim presentment requirements. 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 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. Salvor and marine firefighter regulations donjonsmit. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. Marine pollution control 8631 west jefferson detroit, mi 48209. 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. When hobbled law and hollow regulation leave americans unprotected. There were many lessons learned the aftermath of the valdez oil spill. Understanding the work and rest hours requirements on ships. To order, contact erds spccopa information line at 202 2602342. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in.
To learn more about marine response alliance and the roles played by both crowley and titan salvage, visit the organizations website. The qi or alternate must be available on a 24hour basis and be able to arrive at the facility in a reasonable time. Federal register consumer price index adjustments of. A balance of classroom work and field exercises provides a full learning experience for the student. 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.
Unlike the other opa 90 regulations developed by other federal agencies with responsibility for carrying out the statutory provisions of opa 90, 49 cfr 194 has less prescriptive and more generalized regulatory requirements. The uscg published new opa90 salvage and marine firefighting regulations at the end of 2008. 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. 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. Marine environment protection training marpol opa 90 the world today is witnessing a rapid environmental degradation. Under opa, the term claim means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an oil spill incident. These statutes are essentially strict liability laws that impose on the shipowner the responsibility to clean up the spill and pay certain types of damages, regardless of fault for the spill. The uscgs prep regulations preparedness for response exercise require by way of recommendation that every vessel response plan holders staff, with emergency management responsibilities, are gathered together to discuss actions to be taken during an oil spill, based upon their response plan and their standard operating. United states environmental protection agency off ice of solid waste and emergency response publication 9360.
The coast guard clarifies the regulations for determining phaseout dates for single hull tank vessels under the oil pollution act of 1990 opa 90. The oil pollution act of 1990 the national petroleum council. After 90 days, the claimant may either present its claim to the oil spill liability trust fund osltf administered by the government or file suit against the responsible party. Opa 90 includes a separate provision regarding the requirement for a vessel over 300 gross tons to establish and maintain evidence of financial responsibility to meet the maximum amount of liability to which it may be subject in the event of an oil pollution incident. Federal register oil pollution act of 1990 phaseout. Section 4202 of the oil pollution act of 1990 opa 90 amended subsection j of section 311 of the federal water pollution control act fwpca 33 u. Opa 90 notification procedures notifications made by master whom to notify when notification is required notice of arrival voyage notification advanced notice of arrival for usa ports. This rule codifies our policy published on april 21, 1999, that states that conversion of a single hull tank vessel to add only double sides or only. Steamship mutual opa 90 limits of liability increased. The us oil pollution act of 1990 opa 90 has been in force since august, 1990, and at the time contained what were perceived by us authorities as appropriate liability limitation levels, based on the costs of that time.
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