[externalActionCode] => 1000 In particular, the oil and shipping industries objected to the inconsistency between the OPA and the international, federal and state laws that are impacted. [externalActionCode] => 8000  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; defines responsible parties and financial liability; implements processes for measuring damages; specifies damages for which violators are liable; and establishes a fund for damages, cleanup, and removal costs. Provide your email address to subscribe to this blog and receive notifications of new posts by email. As you might expect, these include the biggest oil ports in the nation, including New York, Houston, New Orleans, and Prince William Sound, Alaska. It also focused on recycling, air pollution and the adoption of less environmentally harmful pesticides. , On March 24, 1989, the Exxon Valdez hit aground in the Prince Williams Sound and spilled nearly 11 million gallons of crude oil—the largest marine oil spill in recorded history up to that point. In 1976, a bill to create a cohesive safe measure for oil pollution was introduced to Congress. Since OPA does not exempt vessel creditors to enter U.S. waters, there is a disincentive for any lender to finance fleet modernization and or replacement.  Under Parker, the Commission issued 52 recommendations for improvements to industry, state, and federal regulations. Industry objected that the Oil Pollution Act would hinder the free flow in the trade of imported oil in the Waters of the United States. To help ensure OPA compliance, Exxon Shipping compiled all state and federal regulations to which they must abide. We will not use the email for anything other than notifying you of blog activity, and it will not be displayed with your comment. Aug. 17, 2017 - On August 18, 1990, President H.W. The federal Pollution Prevention Act, passed in 1990 and signed by President George Bush in October of that year, was justified on the basis that it is far easier and more affordable to prevent pollution than to attempt to manage it or clean it up after the fact (Johnson, 1992). This blog was originally published on Aug. 17, 2017. [chamberOfAction] => House Background. ), Array , In the decades to follow, several other laws that dealt with oil spill liability and compensation were passed. The Oil Pollution Act of 1990 (OPA) (101 H.R.1465, P.L. This statue, in an attempt to protect the shipping industry, stated that vessel owners were liable for incident-related costs up to the post-incident value of their vessel. International Oil Pollution Prevention and Removal, Title VII. for 1+3, enter 4. [description] => Passed House Deepwater Horizon: Another Year Gone By, What’s Changed? As a result, in 1970, Congress placed oil pollution under the authority of the Federal Water Pollution Act (FWPA) of 1965, which later became the Clean Water Act of 1972 and had previously only covered sewage and Industrial discharge. ( Furthermore, the Oil Pollution Act proscribes limits to liability for damages based on the responsible party, the particular incident, and the type of vessel or facility from which the discharge occurred. However, this fragmented collection of federal and state laws provided only limited safeguards against the hazards of oils spills. , In a manner similar to that described above, costs for damages can be recovered from a responsible party. Learn more in our. However, the Oil Pollution Act only covers certain categories of damages. In the meantime, the Oil Pollution Act of 1924 had passed, but this statue only limited liability for deliberate discharge of oil into marine waters. Directs the Administrator to make such information available to the public. After OPA was enacted, the shipping industry threatened to boycott the ports of the United States to protest this new industry liability in both federal and state laws. This required adding response vessels and equipment out near the entrance of the Strait and increasing the ability to rapidly respond to any spills. For example, claimants advised by the EPA, governors of affected states, and American claimants for incidents involving foreign vessels or facilities may initially present their claims to the Oil Spill Liability Trust Fund. Bush. 104 STAT. Oil Pollution Liability and Compensation, Title III. Barriers To Pollution Prevention Environment: Many industrial facilities report they are unaware of greener chemicals or alternative technology by Cheryl Hogue January 22, 2016 This act was approved by congress and signed into action by President … Vessel owners objected that additional oil spill penalties imposed by the states are free from OPA limitations of the Limitation of Liability Act of 1851. The shortcomings of this law were revealed in 1967 with the release of over 100,000 tons of crude oil into the English Channel from the Torrey Canyon. 1388 (1990). , Laws governing oil spills in the United States began in 1851 with the Limitation of Liability Act. , Under the Oil Pollution Act, federal, tribal, state, and any other person can recover removal costs from a responsible party so long as such entity has incurred costs from carrying out oil removal activities in accordance with the Clean Water Act National Contingency Plan. The OPA's liability increase for vessel owners raised fears and concerns from the vast majority of the shipping industry. Reimbursement claims must first be made to the responsible party. Requires the Administrator to develop and implement a source reduction strategy which: (1) establishes standard methods for measuring source reduction; (2) coordinates and promotes source reduction activities and techniques in Federal agencies and businesses; (3) improves coordination of, streamlines, and assures public access to data collected under Federal environmental statutes; (4) establishes a training program on multimedia source reduction opportunities; (5) makes recommendations to the Congress to eliminate barriers to source reduction including the use of incentives; (6) develops and disseminates model source reduction auditing procedures designed to highlight source reduction opportunities; and (7) establishes an annual award program to recognize companies operating outstanding or innovative source reduction programs.
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