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Oil Spill Pollution Act (OPA)

The Oil Pollution Act (OPA) is an environmental regulation (Public Law 101-380) adopted in 1990 in the U.S. aiming to prevent oil spill pollution. More specifically, OPA:

  • established new requirements and amended the U.S. Federal Water Pollution Control Act in order to provide enhanced capabilities for oil spill response and natural resource damage assessment;
  • requires the Coast Guard to strengthen its regulations on oil tank vessels as well as oil tank owners and operators;
  • includes the specification that companies must have a plan in order to prevent spills that may occur and a detailed containment and cleanup plan related to oil spills;
  • imposes liability for removal costs and damages from incidents involving the discharge of oil into navigable waters or adjoining shorelines;
  • establish liability for injury damages to, or loss of, natural resources

The Oil Spill Pollution Act was largely adopted in the U.S. in response to rising public concerns after the 1989 Exxon Valdez oil spill (from the oil tanker on Alaska shores – Prince William Sound - in March 1989), which was the major recorded oil spill incident in U.S. history with more than 11 million gallons of spilled crude oil. In fact, a clause is included in the OPA related to vessel operations in Prince William Sound. Namely, OPA prohibits any vessel that has caused (after March 1989) an oil spill higher than one million U.S. gallons (in any marine area) to operate in the affected area (Prince William Sound). Exxon Valdez is for example subjected to this restriction along with other 18 ships.

Thus, in 1990, the Oil Pollution Act was passed by U.S. Congress and amended the existent Clean Water Act aiming to require the preparation of “Facility Response Plans” by some oil storage facilities.

Various revisions to the Act have been finalized in 1994 by EPA. The revised plan directed facility owners and operators to prepare and submit plans addressing a “worst-case scenario” of oil discharge. This regulation was meant to prevent and prepare emergency responses when preventive measures failed to stop an oil spill to occur.

If you have reasons to suspect that you have been or are affected by an oil spill, please contact us.