Oil Pollution Act of 1990

(OPA-90)
GENERAL
• The Oil Pollution Act was passed by the United States
Congress to prevent further oil spills from occurring in the
United States. 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."
• OPA-90 was in response to public concern following the
Exxon Valdez incident.
• OPA-90's intention was to improve the nation's ability to
prevent and respond to oil spills by establishing provisions
that expand the federal government's ability, and provide
the money and resources necessary, to respond to oil spills.
 Key Provisions of the OPA
• Provides that the a vessel or facility from which oil is discharged is
liable for:
(1) certain specified damages resulting from the discharged oil;
(2) removal costs incurred in a manner consistent with the National
Contingency Plan (NCP).
(3) If the party can establish that the removal costs and damages
resulting from an incident were caused solely by an act or omission
by a third party, the third party will be held liable for such costs
and damages.
(4)The liability for tank vessels larger than 3,000 gross tons is $1,200
per gross ton or $10 million max, whichever is greater.
(5)For ports the liability for pollution would be $350 millon per spill
& for offshore facilities the fine upto $150 million
Requirements of OPA
After the grounding of the Exxon Valdez the requirements put
forward by OPA 90
1)Only double hulled tankers to call at US ports.
2)The owners and operators of tanker vessels are required to
maintain Vessel Response Plans (VRPs)
3) Appoint Qualified Individuals and contract-recognized Oil
Spill Response Organizations (OSROs).
4)OPA improved the nations ability to respond to oil spills
&provide money and resources necessary.
5)The OPA created the national Oil Spill Liability Trust
Fund which is available to provide up to one billion dollars .
 FINES
1)The fine for failing to notify the appropriate Federal
agency of a discharge is increased from a maximum of
$10,000 to a maximum of $250,000 for an individual or
$500,000 for an organization. The maximum prison term
is also increased from one year to five years. The penalties
for violations have a maximum of $250,000 and 15 years in
prison.
2) Civil penalties are authorized at $25,000 for each day of
violation or $1,000 per barrel of oil discharged. Failure to
comply with a Federal removal order can result in civil
penalties of up to $25,000 for each day of violation.
 Vessel Response Plan
Vessels to report when 200 miles from US coast. US Cost Guards will track
vessels from this location.
Vessels to give following information
a)Name & vessels particulars, Characteristics
b)Owners to send plans of GA plans, tank plans, pipings systems etc
c)Cow operations if going to be carried out
d) IG & PV system in entirety
e)SOPEP/SMPEP as applicable. SOPEP Equipment whether in order.
f) Contingency plan in case of spills
g)Reporting systems in case of oil spills
h)ODMC . Over discharge valves , blanks on o/b discharge line
i) Whether all crew aware actions in emergency
J)When vessel is 12nm off / at anchorage Coast Guards / Verifying authority will
board vessels to check all details.