Coast guard issued a ruling to amend regulatory requirements under the oil pollution act of 1990 and the comprehensive environmental response, compensation and liability act, for vessel operators to establish and maintain evidence of financial responsibility. The claim was submitted within the six year period to file claims. Morgan introduction n the environmental frenzy which followed 1989s 10. New limits of liability under opa 90 come into effect on december 21, 2015. A balance of classroom work and field exercises provides a full learning experience for the student. Section 912, which limits the liability of vessel owneroperators and other people who use or authorize force to defend a us vessel against pirates is effective upon. Fifth circuit clarifies claim presentment requirements under.
Opa 90 complexities and recent legislative developments. Federal register consumer price index adjustments of oil. The qi or alternate must be available on a 24hour basis and be able to arrive at the facility in a reasonable time. Coast guard issues final rule raising opa 90 liability. Oil pollution act of 1990 united states coast guard. Oil pollution act of 1990 opa louisiana oil spill coordinators. The coast guard is promulgating this rule pursuant to the provisions of title i of opa, executive order 12777, as amended, and coast guard regulations in title 33 of the code of federal regulations cfr part 8, subpart bopa 90 limits of liability vessels, deepwater ports and onshore facilities. Nov 15, 2011 opa 90 repealed this portion of ocsla title iii, but expressly provided that certain regulations created under title iii should remain in place until repealed, amended, or superseded. Under opa 90, each responsible party for vessels, onshore facilities, deepwater ports, and other offshore facilities is strictly liable, jointly and severally, for removal costs and damages resulting from pollution incidents up to their limits to liability, with certain exceptions. Dec 30, 2017 opa 90 requirements for work and rest hours. Thankfully after manila amendments to stcw code, the stcw 2010 requirements are made in line with the mlc requirements. Under sections 311d and 311j of the clean water act cwa, as amended by section 4201 of the oil pollution act of 1990 opa, public law 1080, the president is directed to prepare and publish the national oil and hazardous substances pollution contingency plan ncp for removal of oil and hazardous substances. The us has increased the liability limits under opa90. The program requirements document and related source materials are currently being updated to reflect the revised regulations.
Dec 01, 2015 the us has increased the liability limits under opa90. Donjonsmits motion for injunctive relief and brief in support thereof is being filed simultaneously with this complaint. Eschewing existing domestic and international oil spill liability schemes, congress drafted tough new requirements for. Be it enacted by the senate and house of representatives of the. As part of this system, area committees have been established for each area designated by the president. Opa nrda regulations noaas damage assessment remediation. The miller environmental group training institute combines certified training professionals, with years of teaching experience and seasoned handson instructors bringing practical, real world approaches to training. For the regulations implementing opa natural resource damage assessment and restoration activities conducted for discharges of oil, see 15 cfr 990. Fifth circuit clarifies claim presentment requirements.
Opa 90 provisions and the benefitcost analysis of major regulations that congress charged us coast guard and epa to issue are presented in the section the oil pollution act of 1990. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in 1978 marpol 7378resulted in a farreaching change in the design of tank vessels. Title x i would like info on i would like info on learn more about these annual funding opportunities to support family planning and adolescent pregnancy prevention and care programs. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills. Ceiling price and manufacturer civil monetary penalties final rule pdf 289 kb 01052017. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident.
Oil pollution act of 1990 interim claims regulations the enclosed is the body of the text that was supplied to the federal register by commandant. Under opa, the term claim means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an oil spill incident. The opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim. Opa 90 repealed this portion of ocsla title iii, but expressly provided that certain regulations created under title iii should remain in place until repealed, amended, or superseded. Title x family planning clinics play a critical role in ensuring access to a broad range of family planning and preventive health services. Completion of the exercises described in the prep guidelines is one option for maintaining compliance with opa 90. National service center for environmental publications nscep search. These periodic adjustments are required by law in order to reflect significant increases in. This act may be cited as the oil pollution act of 1990. If you are in the listed statesterritories and would like to enroll, email the 340b prime vendor program or call 18883402787. This provision is implemented by regulations promulgated by the us coast guard. International maritime organization imo international safety management ism code marpol all annexes vessel classification societies 33 cfr navigation and navigable waters 46 cr shipping opa90 regulations are becoming more fragmented as states and local jurisdictions impose. Understanding the work and rest hours requirements on.
The effect of environmental regulations on maersk line and. The opa requires oil storage facilities and vessels to submit to the federal. The program requirements for title x funded family planning. In addition, the coast guard is requesting background information and cost data as it is developing a supplemental notice of proposed rulemaking snprm that will propose amendments to. Opa 90 was congress response to the exxon valdez wreck and the resulting environmental destruction. Opa 90, which addressed both of these deficiencies. The program requirements for title x funded family planning projects were. You may need a pdf reader to view some of the files on this page. Opa 90 limits of liability vessels, deepwater ports and onshore facilities 33 cfr subpart b opa 90 limits of liability. Section 7, which makes the cargo owner a responsible party under opa 90 in the event of an oil spill from a single hull tank vessel, is effective after december 31, 2010. Opa 90 includes a separate provision regarding the requirement for a vessel over 300 gross tons to establish and maintain evidence of financial responsibility to meet the maximum amount of liability to which it may be subject in the event of an oil pollution incident. Department of health and human services published a final rule in the federal register that revises the regulations governing the title x family planning program.
Oil pollution act opa and federal facilities us epa. These regulations were issued pursuant to section 21j5 of the federal water pollution control act fwpca, as amended by the oil pollution act of 1990 opa 90. Dec 08, 2015 the opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. 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. Trend in oil spills before and after opa 90 are highlighted in the section oil spills a decade later. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Coast guard seeks comments regarding opa 90 claims. Dec 15, 2015 the opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim.
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 people necessary, to respond to. Federal register consumer price index adjustments of. The 340b program enables covered entities to stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services. Under the oil pollution act of 1990 opa 90, all facility and vessel response plans must identify a qualified individual qi and at least one alternate who meets the requirements of these sections of the cfr. 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. Section 4202 of the oil pollution act of 1990 opa 90 amended subsection j of section 311 of the federal water pollution control act fwpca 33 u. The raise in liability limits also increases the amount of financial responsibility that vessels ownersoperators are required to maintain and provide evidence of to operate in the united states. Coast guard published a final rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the oil pollution act of 1990 opa 90. References on working hours prepared 7122004 by captain greiner. Lawsuit alleges almost certain environmental catastrophe. The claim is not settled by any person by payment within 90 days after the date upon. Created by the national contingency plan, title 40 of the code of federal regulations, part 3000 ncp, the national response center is charged with receiving notifications of all chemical, radiological, oil, and biological releases regulated by the cwa, as amended by opa 90. The uscg recently published a final rule establishing increased limits under the oil pollution act of 1990.
The coast guard and the federal onscene coordinator, in direct violation of the opa 90 and the corresponding regulations, are permitting a n extremely highrisk salvage plan. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in. Now, all we need to worry about is to comply with one requirement and others will be complied automatically. Understanding the work and rest hours requirements on ships. The goal of the oil pollution act of 1990 opa, 33 u. After 90 days, the claimant may either present its claim to the oil spill liability trust fund osltf administered by the government or file suit against the responsible party. Electronic code of federal regulations ecfr title 33. Oil pollution act of 1990 opa united states coast guard. Opa 90 amended the clean water act and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the united states.
The claim was submitted within the six year period to file. Pipeline safety regulations phmsa us department of. This subpart sets forth the limits of liability for vessels and deepwater ports under section 1004 of the oil pollution act of 1990, as amended 33 u. Financial responsibility for water pollution vessels and opa 90 limits of liability vessels, deepwater ports and onshore facilities subpart b. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. Ceiling price and manufacturer civil monetary penalties final rule.
The definitions in subsection a of section 311 of the fwpca and section 1001 of opa 90 33 u. Doublehull tanker legislation the national academies press. Opa 90 limits of liability vessels, deepwater ports and onshore facilities. On july 1, 1994, epa finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worstcase discharge of oil subpart d.
Coast guard seeks comments regarding opa 90 claims procedures. Federal register oil pollution act of 1990 phaseout. 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. Opa 90 also requires owners and operators of evidence sufficient financial responsibility to cover potential liabilities under opa 90. The opa 90 timetable for double hull requirements for single hull tank vessels is set out in 33 cfr part 157, appendix g. The act significantly increased federal oversight of maritime oil transportation, while providing. The passage of the oil pollution act of 1990 opa 90 by the u. Delegation of authority under title iii, part d, section 340bd1bvi of the public health service act phsa pdf 168 kb 01052017. Sep 07, 2018 title x family planning clinics play a critical role in ensuring access to a broad range of family planning and preventive health services. 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. Neither opa 90 nor our regulations address if, or when, a vessel owner can convert a single hull tank vessel to include only double sides or only a double bottom to change its phaseout date.
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