The U.S. Congress enacted the Oil Pollution Act of 1990 (OPA) to bolster the Environmental Protection Agency’s (EPA) authority to prevent and manage oil spills more effectively. As an amendment to the Clean Water Act of 1972, it followed the disastrous Exxon Valdez oil spill of 1989, redefining environmental protection strategies.
Key Takeaways
- The Oil Pollution Act of 1990 fortified the federal government’s power to prevent and address significant oil spill incidents.
- It was enacted by the U.S. Congress in response to the Exxon Valdez oil spill of 1989 and amends the Clean Water Act of 1972.
- The OPA aimed to create a robust federal mechanism for preventing oil spills and formulating effective cleanup processes in case of emergencies.
- The OPA falls primarily under the jurisdiction of the U.S. Coast Guard and the Environmental Protection Agency (EPA).
- Prior to the OPA, the U.S. lacked adequate resources and an effective regulatory framework for managing oil spill disasters. The OPA addressed these gaps comprehensively.
Understanding the Oil Pollution Act of 1990
The catastrophic Exxon Valdez oil spill on March 24, 1989, discharged 11 million gallons of Alaskan crude oil into Prince William Sound, marking the worst oil spill in U.S. history until the Deepwater Horizon spill in 2010 became even larger.
The spill devastated 1,300 miles of coastline and numerous animal species, many of which have not fully recovered even after decades. As of August 2020, residual oil pockets still persist in the affected regions. The Exxon Valdez incident clearly exposed the U.S.’s deficient capabilities in managing such large-scale environmental disasters—both in terms of federal funding for prompt responses and the limited scope of compensatory measures available to impacted parties. The Oil Pollution Act was established to fill these critical gaps.
Designed to erect an all-encompassing federal framework for spill prevention and emergency response, the OPA places its enforcement duties on the U.S. Coast Guard and the Environmental Protection Agency (EPA).
Prior to the OPA’s adoption, U.S. federal pollution laws lacked rigorous enforcement and imposed minimal liability on polluters. To rectify this, the OPA introduced stringent requirements for the maritime transportation of oil, including:
- New stipulations for vessel construction and crew training.
- Comprehensive contingency planning requirements.
- Enhanced federal response capabilities.
- Expanded enforcement powers.
- More severe penalties for violators.
- Increased investment in cleanup and storage technology research.
- Higher liabilities for offending parties.
- Upgraded financial responsibility prerequisites.
The OPA significantly amplified governmental oversight over maritime oil transportation, creating a nuanced framework for **
Related Terms: Clean Water Act, Exxon Valdez, Oil Spill Liability Trust Fund, Environmental Legislation.
References
- National Oceanic and Atmospheric Administration. “Deepwater Horizon”.
- National Oceanic and Atmospheric Administration. “Exxon Valdez”.
- United States Environmental Protection Agency. “Summary of the Oil Pollution Act”.
- United States Code. “33 USC Ch. 40: Oil Pollution”.
- United States Coast Guard. “Oil Pollution Act of 1990 (OPA)”.
- United States Coast Guard. “The Oil Spill Liability Trust Fund (OSLTF)”.
