Aug. 17, 2017 - On August 18, 1990, President H.W. Lastly, OPA has the ability to directly impact the domestic oil production industry due to the rigorous offshore facility provisions. Directs the Administrator to make matching grants to States for programs to promote source reduction by businesses. [11] The funds may be called upon to cover the cost of federal, tribal, state, and claimant oil spill removal actions and damage assessments as well as unpaid liability and damages claims. The Pollution Control Act offered a more effective and less costly approach to pollution control than any other method that had come before (PPRC, 2015). [actionDate] => 1990-10-25 Deepwater Horizon: Another Year Gone By, What’s Changed? Bush. [6][7] Under Parker, the Commission issued 52 recommendations for improvements to industry, state, and federal regulations. The fishing port of Neah Bay is nearby, but it is hardly a major oil port. [5] Soon afterward, in June 1989, three smaller spills occurred within coastal waters of the United States. Provide your email address to subscribe to this blog and receive notifications of new posts by email. This Act became lau on October 26. This was timely evidence that oil spills were not uncommon. Contact Us | Disclaimer | Privacy Policy | Website Satisfaction Survey | Information Quality | Accessibility | FOIA, Website owner: Office of Response and Restoration | NOAA's Ocean Service | National Oceanic and Atmospheric Administration | US Department of Commerce | USA.gov, By Doug Helton, Office of Response and Restoration Emergency Response Division. Like many other laws, it has been subject to various amendments over time to address emerging issues or to strengthen or clarify the original law. By October 1993, 93% of all oil and natural gas exploration and drilling were from independents producers. 13101–13109) (PPA) established that it is the national policy of the United States that, whenever feasible, pollution should be prevented or reduced at the source; that pollution that cannot be prevented should be recycled in an environ- Directs the Administrator to make data collected under this Act publicly available in the same manner as data collected under SARA. Not just the oil industry, but also the vessel owners and operators would be held liable for an oil spill, facing a significant increase in financial responsibility. [13], However, there were positive reactions from the oil industries despite the newly enforced codes and regulations. 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. The Oil Pollution Act of 1990 (OPA) (101 H.R.1465, P.L. In 1990, the oil industry united to form the Marine Spill Response Corporation (MRSC), a non-profit corporation whose expenses would be compensated by the oil producers and transporters. Neither the House of Representatives nor the Senate could agree on a single statue and the bill fell out of consideration numerous times. Sets forth items to be included in such reports, including: (1) the quantity of each chemical entering any waste stream prior to recycling, treatment, or disposal during the reporting year, and the two years thereafter, and the percentage change from the previous year; (2) the amount of the chemical from the facility which is recycled annually, the percentage change from the previous year, and the process of recycling used; (3) the source reduction practices used with respect to such chemicals; (4) a ratio of production in the reporting year to production in the previous year; (5) the amount of any chemical released into the environment which resulted from a one-time event and is not associated with production processes; and (6) the amount of the chemical treated during the year and the percentage change from the previous year. For example, the Coast Guard authorization act included this language that affected waterways near Seattle: “Within 1 year after the date of enactment of this Act, the Commandant shall initiate a rulemaking proceeding to modify the definition of the term ‘‘higher volume port area’’ in section 155.1020 of the Coast Guard regulations (33 C.F.R. [10], In a manner similar to that described above, costs for damages can be recovered from a responsible party. To help ensure OPA compliance, Exxon Shipping compiled all state and federal regulations to which they must abide. 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. Please help us prevent automated spam submissions: Solve this simple math problem and enter the result. As a result of major companies withdrawing their plans to drill, many smaller, independent producers had entered to make a profit. Unlike the liability for removal costs which are uncapped, liability for damages is limited as discussed in further detail below. Facilities in state waters that are subject to the $150 million requirement includes pipelines, marina fuel docks, tanks, and oil production facilities that are located in, on, or under state coastal waters, and are adjacent to inland channels, lakes, and wetlands. Directs owners or operators of facilities required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 (SARA) to include with each such filing a toxic chemical source reduction and recycling report. On Aug. 18, 1990, President H.W. Ultimately, the threat of unlimited liability under the OPA and other state statutes has led countless oil shipping companies to reduce oil trade to and from the ports of the United States. The most evident impact of the enactment of OPA, is on the oil producers within the Gulf of Mexico. International Oil Pollution Prevention and Removal, Title VII. Of the $8 million of cleanup-related costs, the owners of the Torrey Canyon were held liable for only $50—the value of the only remaining Torrey Canyon lifeboat. [10], 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. 1388 (1990). Cowper appointed Walter B. Parker, a longtime transportation consultant and public official, as the chairman of the commission. 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. [2] 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. But, the Act signed by President Bush was not the final word on oil pollution. The content of this field is kept private and will not be shown publicly. Sets forth criteria to be evaluated in the awarding of such grants. SEC. ----- The Pollution Prevention Act of 199O Public Law 101-508. Oil Pollution Research and Development Program, Subtitle A – Improvements to Trans-Alaska Pipeline System, Subtitle C – Provisions Applicable to Alaska Natives. [externalActionCode] => 1000 Many offshore facilities are located in the Gulf of Mexico and in the marshes and wetlands of Louisiana. ( The major MRSC responsibility was to develop new response plans for oil spills cleanups and for the OPA-required remediation. Not only does the OPA impose restrictions on trading imported oil overseas, but it also implements the state oil liability and compensation statutes, which they view as further restricting free trade. This blog was originally published on Aug. 17, 2017. 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. 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. This required adding response vessels and equipment out near the entrance of the Strait and increasing the ability to rapidly respond to any spills. The FWPA set specific liability limitations. Often, the amendments advance through related legislation that move through Congress and reach the president. Background. Additionally, some categories are recoverable for any person impacted by the incident while others are only recoverable by federal, tribal, and state governments. That simple definitional change meant that all tankers approaching the Strait of Juan de Fuca and oil terminals closer to Seattle had to have approved plans and meet the most stringent response times following a spill anywhere along our inland waters. There are already several bills in Congress this year that would further amend the Oil Pollution Act of 1990. Oil Pollution Liability and Compensation, Title III. 155.1020) by striking ‘‘Port Angeles, WA’’ in paragraph (13) of that section and inserting ‘‘Cape Flattery, WA’’. Altered uses of Oil Spill Liability Trust Fund by authorizing appropriations for NOAA and changed liability provisions for single hull vessels. Amendments to Oil Spill Liability Trust Fund, Etc. Explain the origin of the federal Pollution Prevention Act, including the year it was passed, events leading to its passage, politics leading up to its passage, by how wide of a vote it was passed, and which president signed it.Please use the CSU Online Library, the Internet, the textbook, and/or other resources to respond. The independent oil producers generated nearly 40% of the crude oil in the United States and 60% of domestic natural gas. As you might expect, these include the biggest oil ports in the nation, including New York, Houston, New Orleans, and Prince William Sound, Alaska. EPA03: Shift EPA's Emphasis Toward Pollution Prevention and Away From Pollution Control. Laws acquire popular names as they make their way through Congress. Due to environmental pressures and the restrictive governmental regulations enforced by OPA, substantial proposals of exploration and production in the United States have been withdrawn. As a result of the OPA enactment, certain insurance companies refused to issue certifications of financial liability under the Oil Pollution Act to avoid potential responsibility and compensation in the case of a disaster.

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