Title: Oil Pollution Act of 1990
1Oil Pollution Act of 1990
(OPA)
By Ryan Friedman
(OPA) was passed by the United States Congress to
prevent further oil spills from occurring in the
United States. It was made after the Exxon Valdez
oil spill. It stated that "A company cannot ship
oil into the United States until it presents a
plan to prevent spills that may occur. It must
also have a detailed containment and cleanup plan
in case of an oil spill emergency." The bill
enjoyed widespread support, passing the House 375
- 5 and the Senate by voice vote before
conference, and unanimously in both chambers
after conference.
2HOMELAND SECURITY (National Act)
- On March 24, 1989, the Exxon Valdez spilled over
11 million gallons of Alaskan crude into the
water of Prince William Sound. There were many
lessons learned the aftermath of the Valdez oil
spill. Two of the most obvious were - The United States lacked adequate resources,
particularly Federal funds, to respond to spills,
and - The scope of damages compensable under federal
law to those impacted by a spill was fairly
narrow. - Although the environmental damage and massive
cleanup efforts were the most visible effects of
this casualty, one of the most important outcomes
was the enactment of the Oil Pollution Act of
1990 (OPA), which addressed both these
deficiencies.
3OPA OVERVIEW
- The Oil Pollution Act of 1990 (33 U.S.C.
2701-2761) 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. It created a comprehensive
prevention, response, liability, and compensation
regime to deal with vessel- and facility-caused
oil pollution to U.S. navigable waters. OPA
greatly increased federal oversight of maritime
oil transportation, while providing greater
environmental safeguards by - Setting new requirements for vessel construction
and crew licensing and manning, - Mandating contingency planning,
- Enhancing federal response capability,
- Broadening enforcement authority,
- Increasing penalties,
- Creating new research and development programs,
- Increasing potential liabilities, and
- Significantly broadening financial responsibility
requirements.