Oil Pollution Act 1990 (OPA)

Unit 1: Introduction, Definitions and Explanations

1. Introduction to Oil Pollution Act 1990

2. General Objectives of OPA
Definitions and explanations:
3. Contingency Plan (Vessel Response Plan)
4. Responsible Party (RP)
5. Qualified Individual (QI)
6. Spill Management Team (SMT)
7. Oil Spill Removal Organisation (OSRO)
8. Salvage, Marine Firefighting (SMFF)
9. Activation of VRP

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1. Introduction to Oil Pollution Act 1990

On March 24, 1989, the Exxon Valdez spilled over 11 million gallons of Alaskan crude into the
waters of Prince William Sound. Marker video> Exxon Valdez.MP4 (2.5Minutes)

There were many lessons learned in the aftermath of the Valdez oil spill.

Two of the most obvious were:

1. the United States lacked adequate resources, particularly federal
funds, to respond to spills, and
2. the scope of damages compensable under federal law to those
impacted by a spill was narrow.

Although the environmental damage and

massive clean-up 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.
Marker video> OPA90.MP4 (1 Minu e)

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2. General Objectives of OPA

The key provisions of Oil Pollution Act of 1990 (OPA) for pollution control are listed below:

• Established requirements for Terminals, Offshore production facilities and Pipelines, Tank
and Nontank (e.g Bulker, Container etc) Vessels
• Established double hull requirements for tankers.
• Enhancing federal response capability
• Broadening enforcement authority,
• Increasing penalties for causing pollution
• Increasing potential liabilities,
• Requirement for Certificate of financial responsibility (COFR)
• Established requirements for (among other things):
- Qualified Individual
- Vessel response plan
- Spill Management Team
- Oil Spill Removal Organization
- Shipboard and shore-side training

Brian: Next, Important definitions and explanations related to OPA 90 are discussed.

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Definitions and explanations:

3. Contingency Plan (Vessel Response Plan)
• A vessel response plan (VRP) is a document that outlines what the vessel will do in the
case of an offshore spill.
• OPA 90 requires Tank vessels trading to the U.S. to have onboard a USCG-approved
contingency plan.
• USCG regulations require a VRP is reviewed annually
• The development of a response plan prepares the vessel owner or operator and the
vessel's crew to respond to an oil spill.
• A VRP is a contingency plan of action/response in the event that an incident occurs:

VRP Contains following -

- Emergency Notification, Qualified Individual, equipment and personnel etc
- List of contacts (e.g. QI, SMT, OSRO, Salvor)
- Training procedures
- Drill Procedures
- Etc.

Note: Basically, USCG Vessel Response Plan is for vessels trading in U.S, but is similar to
SOPEP and SMPEP of MARPOL, followed in other parts of the world.

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Quick Quiz

Coast Guard regulations require a shipboard Oil Pollution Emergency Plan to be reviewed
__________.
a. annually
b. once every two years
c. once every four years
d. once every five years
Feedback: annually
A vessel response plan (VRP) is a document that outlines what the vessel will do in the
case of an oil spill.

This plan is reviewed annually by the shipowner, with a letter submitted to the Coast
Guard within one month of the anniversary date of the plan approval.

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Definitions and explanations:

4. Responsible Party (RP)
The Oil Pollution Act of 1990 (OPA 90) was enacted in response to the 1989 Exxon Valdez spill
and was intended to “streamline federal law so as to
provide quick and efficient cleanup of oil spills,
compensate victims of such spills, and internalize the
costs of spills within the petroleum industry.”
• OPA 90 achieves these goals by holding
“responsible parties (RP)” liable for pollution

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• cleanup costs and damages “that result” from the spill.

• “Responsible party” is defined to include owners and operators of vessels.
• These laws impose on the shipowner the responsibility to clean up the spill and pay
certain types of damages, regardless of fault for the spill.

In summary, the RP is the vessel from which the oil spilled from regardless of fault.

Quick Quiz
Which is the responsible party (RP)?

Scenario:
• Vessel “A” is moored safely performing cargo operations.
• Vessel “B” is passing, suffers a steering casualty and collides into Vessel “A”.
• Vessel “A” spills oil from its ruptured tank but is not at fault.

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Question:
• Under OPA ‘90, which vessel is the “RP”?

- Vessel A
- Vessel B

- Feedback: Vessel A is “RP”.

“each responsible party for a vessel or a facility from which oil is discharged, or which poses
the substantial threat of a discharge of oil, … is liable for the removal costs and damages …
that result from such incident.”

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Responsibility of RP:
Responsible Party (RP) is responsible for “all costs” incurred by “everyone” resulting from the
spill including:
- Cleanup costs
- Restoration costs
- Natural Resource Damage Assessment (NRDA)
- Damages suffered by most people
- Administrative and other costs of local and federal agencies

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Quick Quiz
Responsible Party (RP) is responsible for:
 Cleanup costs
 Restoration costs
 Natural Resource Damage Assessment (NRDA)
 Damages suffered by most people
 Administrative and other costs of local and federal agencies

Feedback: All of these

RP is responsible for “all costs” incurred by “everyone” resulting from the spill.

Which statement concerning an accidental oil spill in the navigable waters of the U.S. is TRUE?
(A) The Corps of Engineers is responsible for the cleanup of the spill.
(B) The person in charge must report the spill to the Coast Guard.
(C) The Department of Interior is responsible for the cleanup of the spill.
(D) A warning broadcast must be made by radiotelephone

Feedback: The person in charge must report the spill to the Coast Guard.

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Definitions and explanations:

5. Qualified Individual (QI)
Under the USCG’s VRP Requirements a QI is:

(a) The vessel response plan (VRP) must identify a qualified individual and at least one
alternate who meet the requirements of this section. The qualified individual or alternate
must be available on a 24-hour basis and be able to arrive at the vessel/facility in a
reasonable time.

(b) The qualified individual and alternate must:

(1) Be located in the United States;
(2) Speak fluent English;
(3) Be familiar with the implementation of the facility response plan; and
(4) Be trained in the responsibilities of the qualified individual under the response plan.

(c) The owner or operator shall provide each qualified individual and alternate qualified
individual identified in the plan with a document designating them as a qualified individual and
specifying their full authority to:
(1) Activate and engage in contracting with oil spill removal organization(s);
(2) Act as a liaison with the predesignated Federal On-Scene Coordinator (OSC); and
(3) commit funds on behalf of shipowner, required to carry out response activities.

In summary principle purpose for QI is to provide rapid communications with the appropriate
federal official with authority to implement removal actions

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Quick Quiz

Regulations Require Qualified Individual (QI) to be: (multiple answer)

 Located in the United States
 Able Speak Fluent English
 Available 24 Hours per Day
 Familiar with implementation of the plan
 Trained in Responsibilities under the plan

Feedback: All of these

The vessel response plan (VRP) must identify a qualified individual and at least one
alternate QI.

The qualified individual or alternate must be available on a 24-hour basis and be able to
arrive at the vessel/facility in a reasonable time in case of oil spill to provide rapid
communications with the appropriate federal official with authority to implement removal
actions.

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Definitions and explanations:

6. Spill Management Team (SMT)

What is Spill Management Team?

The SMT has overall management responsibilities identified in vessel response plan, when
responding to an incident.
- Generally, team of personnel who manage a response.
- Think of the SMT as a Project Management Team
- The SMT has overall management responsibilities when responding to an incident.

Primary Roles of SMT:

- Organize/Manage Spill Response Operations
(Planning, directing, and coordinating response assets)
- Ensure Safety for Public and Workers
- Provide/Locate Response Resources
- Meet Regulatory Requirements for Response
- Track/Control response expenditures

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Quick Quiz
Primary Roles of SMT is: (Multiple answer)
 Organize/Manage Spill Response Operations
 (Planning, directing, and coordinating response assets)
 Ensure Safety for Public and Workers
 Provide/Locate Response Resources
 Meet Regulatory Requirements for Response
 Track/Control response expenditures

Feedback: All of these

The SMT has overall management responsibilities identified in vessel response plan, when
responding to an incident.

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Definitions and explanations:

7. Oil Spill Removal Organisation (OSRO)
Vessels required to submit a vessel response plan must, amongst other things:

 Identify the personnel and equipment necessary to remove an oil spill

 Prevent a substantial threat of such a discharge.

The magnitude of the investment, however, in oil recovery equipment, storage and
training personnel to remove spills, in all foreseeable locations and operating environments
is enormous.

To meet OPA90's statutory requirements, for vessel response plan, vessels use an OSRO.

• An oil spill removal organization (OSRO) is an entity that provides response resources.
- Trained Personnel
- Response Equipment: (Skimmers, containment boom, boats, etc.)

• OSROs have equipment located throughout the U.S. and it’s territories.
- This equipment is used in incident response/spill cleanup.

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• To be listed in VRP of a vessel, an OSROS:

- Must have enough pre-positioned personnel and equipment to meet USCG response
requirements.
- Must meet minimum resource and time requirements in responding to all areas that
vessel trades.

• Two OSROs provide US nationwide coverage:

- National Response Corporation (NaRCo)
- Marine Spill Response Corporation (MSRC)

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Quick Quiz
Identify the correct statement regarding OSRO: (Multiple answers)

 An oil spill removal organization (OSRO) is an entity that provides response resources.
- Trained Personnel
- Response Equipment: (Skimmers, containment boom, boats, etc.)
 To meet OPA90's statutory requirements, for vessel response plan, vessels use an OSRO.

 OSROs have equipment located throughout the U.S. and it’s territories.
- This equipment is used in incident response/spill cleanup.

Feedback: All of these

Vessels required to submit a vessel response plan must, amongst other things:
 Identify the personnel and equipment necessary to remove an oil spill
 Prevent a substantial threat of such a discharge.

Therefore vessels use the services of An oil spill removal organization (OSRO).

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8. Salvage, Marine Firefighting (SMFF)

SMFF regulations require the Vessel operator /Owner to select qualified resource providers
that support the planning requirements for salvage and marine firefighting services.

All tank vessels must be engaged with one of the five Salvage and Marine FireFighting
(SMFF) providers and list them in their Vessel Response Plans in order to trade in US
waters.

Salvage and Marine FireFighting provides services within stipulated time frame.
A: Salvage
 Assessment and Survey
 Stabilization e.g. Emergency towing, Salvage plan, Emergency lightering, Temporary
repairs, Diving services support.
 Specialized Salvage Operations

B: Marine Firefighting
 Assessment and Planning
 Fire Suppression e.g. External firefighting teams, external firefighting systems.

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9. Activation of VRP
Vessel Response Plan is activated by the master, whenever an incident on the vessel is
beyond the ability of the Master and crew to manage with resources available on board the
vessel.

Lessons learned so far:

 Do not be afraid to activate your VRP, if the incident is beyond the control of ship’s crew,
it is a requirement, much worse can happen to you if you do not activate your VRP.

 This is a common instance so work with your partners (QI, SMT, SMFF, OSRO and USCG)
in compliance to determine what is the right way to handle the incident.

Quick Quiz
In case of oil spill, the responsible party activates the VRP, to determine what is the right way
to handle the incident, identify the parties the vessel will work with: (multiple answer)
 QI
 USCG
 SMT
 OSRO
 SMFF
Feedback: All of these
Do not be afraid to activate your VRP if the incident is beyond the control of ship’s crew, it is a
requirement, much worse can happen to you if you do not activate your VRP.

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