Polluters are made accountable for the clean up costs. By using patent data, i can more accurately model the progress of innovation that may have. Public economics, environment and energy economics although economists cite potential gains from induced innovation as an advantage of using marketbased mechanisms to protect the environment, counts of patents related to flue gas desulfurization. Bush to prevent and measure the civil liability from. Oil pollution act of 1990 opa 1 oil pollution act of 1990 opa by casey marshall. According to the act, it is the policy of the united states that pollution should be prevented or reduced at the source. May 01, 2020 the oil pollution act of 1990 opa 101 h. Read chapter 4 economic impact of the oil pollution act of 1990 on the international tanker fleet. The statute establishes liability and limitations on liability for damages resulting from oil pollution, and establishes a fund for the payment of compensation for such damages. Bush to prevent and measure the civil liability from future oil spills off the coast of the united states. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are.
A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. The spiller, or responsible party, has the primary responsibility to conduct spill cleanup, following the procedures listed in the vessel or facility response plan. Explain the oil pollution act of 1990, including why. Conference report filed in house 0801 1990 oil pollution act of 1990 title i. Update on implementation of the oil pollution act of 1990. The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. The purpose of this chapter is to assess the economic impact of the oil pollution act of 1990 opa 90, section 4115 and marpol regulations if and ig marpol f and g on the operations of the international tanker fleet. Pollution control innovations and the clean air act of 1990 3 use a time trend to represent technological change.
Edelman in response to several major oil spills, including the exxon valdez incident in 1989, the oil pollution act of 1990 opa was signed into law. Pollution control innovations and the clean air act of 1990, journal of policy analysis and management, 2003, v224,autumn, 641660. Two international conventions address oil spill liability. Pollution prevention act of 1990 pollution prevention p2. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. The pollution prevention act of 1990 ppa in the united states created a national policy to have pollution prevented or reduced at the source wherever possible.
On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Local government water pollution amendment act, 1990. Nov 23, 2015 on 19 november 2015 the us coast guard published a final rule increasing the liability limits for vessels, deepwater ports and onshore facilities under the oil pollution act of 1990 opa 90. In our first installment, we provide an overview of the oil pollution act opa of 1990, passed in response to the exxonvaldez oil spill in 1989. Learn vocabulary, terms, and more with flashcards, games, and other study tools. This is the principal statute governing oil spills into the nations waterways. Damage assessments nrdas under the oil pollution act of 1990 opa. The applicable plan provides for resources to respond to. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Makes the responsible party for a vessel or facility from which oil is discharged or which poses a substantial threat of discharge liable for removal costs and for economic or natural resource damages, including. It outlined how preventable pollution would be dealt by recycling as part of pollution prevention. New liability limits under the oil pollution act of 1990. Public law 1080 101st congress an act united states code.
In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. Fortunately, on august 18, 1990, a little more than a year after the exxon valdez disaster, the oil pollution act was passed and signed into law this historic and timely legislation gave noaa and other agencies the authority to address impacts to natural resources caused by. Doublehull tanker legislation the national academies press. The oil pollution act of 1990 opa establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the united states, adjoining shorelines, or the exclusive economic zone. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. Part of the environmental law commons recommended citation michael p. In the wake of over 11 million gallons of oil spilled by exxon valdez in prince william sound, alaska, march 1989, the united states congress passed the oil pollution act in 1990 opa 90, after it languishing for fourteen years. Pollution control innovations and the clean air act of 1990 david popp.
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. Be it enacted by the senate and house of representatives of the. Period 4 on march 24, 1989, shortly after midnight, the oil tanker exxon valdez struck bligh reef in prince william sound, alaska, spilling more than 11 million gallons of crude. Ppt oil pollution act of 1990 opa powerpoint presentation. The applicable plan provides for resources to respond to a worst case discharge from that vessel or facility. Noaa would appreciate any suggestions on how this document could be made more practical and useful. Pollution prevention act of 1990 essay, essay writing example. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regulations resulted in a farreaching change in the design of tank vessels. The objective of this paper is to evaluate after a decade the impact of opa 90 on marine incidents leading to oil spills in the us coastal waters. With the enactment of opa on august 18, 1990, congress consolidated the existing federal oil spill laws under one program. March 24, 1989 exxon valdez spilling 11 million gallons of crude oil spilled prince william sound, alaska.
Oil pollution liability and compensation establishes the oil spill compensation fund. The pollution prevention act of 1990 was enacted to increase interest in source reduction or pollution prevention and encourage adoption of cost effective source reduction practices. Conference report filed in house 08011990 oil pollution act of 1990 title i. The 1989 exxon valdez oil spill, which released 11 million gallons of oil into the pacific ocean, provided the impetus for u. Fortunately, on august 18, 1990, a little more than a year after the exxon valdez disaster, the oil pollution act was passed and signed into law this historic and timely legislation gave noaa and other agencies the authority to address impacts to natural resources caused by oil spills in navigable u. Congress to pass the 1990 oil pollution act opa, which strengthened the federal governments ability to respond to and prevent oil spills. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through costeffective changes in production, operation, and raw. Oil pollution act opa of 1990 noaas damage assessment. Section 311 of the clean water act cwa, as amended by the op a, provides the authority for the federal governments oil spill program. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. The opa requires oil storage facilities and vessels to submit to the federal. As implementation of the oil pollution act of 1990 opa continues, the oil program at epa is expected to expand to meet its increased responsibilities. Oil pollution act overview us environmental protection agency. Oil pollution act of 1990 opa united states coast guard.
The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. 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. Opa is part of an evolving field of law that is increasingly relevant, given the rise in oil and gas production in the united. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal governments ability, and provide the money and resources necessary, to. Opa and its regulations establish procedures for recovering removal costs and damages against the oil spill liability trust fund. Machinereadable bibliographic record marc, ris, bibtex document object identifier doi. Introduced in house 1025 1990 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. The opa is the overarching federal statute that delineates the roles and functions of federal agencies involved in responding to a spill in coastal waters. Period 4 on march 24, 1989, shortly after midnight, the oil tanker exxon valdez struck bligh reef in prince william sound, alaska, spilling more than 11 million gallons of crude oil.
Requires the administrator to develop and implement a source reduction strategy which. The pollution prevention act focused industry, government, and public attention on reducing the amount of pollution through cost. Pollution control innovations and the clean air act of 1990. This definition includes motor vehicles, rolling stocks, and pipelines. The oil pollution act, 1990 opa 90 was passed by the us congress in the aftermath of 11 million gallon spill of crude oil in prince william sound, alaska. Morgan introduction n the environmental frenzy which followed 1989s 10. Oil pollution act of 1990 united states coast guard. See end of document for details d requiring such an authority, on payment of such charges as may be imposed. Pollution prevention act of 1990 name institution barriers to effective implementation of the act of 1990 the pollution prevention act of 1990 developed a national policy that outlined guidelines of pollution prevention and reduction from the source. Jun 15, 2010 a 1990 law called the oil pollution act set out the penalties for corporations that spill oil into the environment, but how exactly it will apply to the bp spill in the gulf of mexico is unclear.
The passage of the oil pollution act of 1990 opa 90 b. Local government water pollution act, 1977 1977, no. Explain the oil pollution act of 1990, including why it was enacted, its general provisions, and opa 90s effectiveness in terms of containing a major spill. It created a comprehensive prevention, response, liability, and compensation regime to deal with. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Click here to buy this book in print or download it as a free pdf, if available. Pollution prevention act of 1990 pollution prevention. The objective of opa 90 was to minimize marine casualties and oil spills by addressing preventive, protective, deterrent and performance aspects of accidental oil spills. Any changes that have already been made by the team appear in the content and are referenced with annotations. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. These periodic adjustments are required by law in order to reflect significant increases in the consumer price index cpi and preserve the deterrent. The opa extensively amended the federal water pollution control act. Oil pollution act this act, oil pollution act of 1990 public law 1080 33 u.
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