Oil Pollution Act (OPA)

The Oil Pollution Act (OPA) was signed into law in August 1990, largely in response to rising public concern following the Valdez incident. The OPA improved 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. The OPA also created the national Oil Spill Liability Trust Fund, which is available to provide up to one billion dollars per spill incident.

In addition, the OPA provided new requirements for contingency planning both by government and industry. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) has been expanded in a three-tiered approach:

• The federal government is required to direct all public and private response efforts for certain types of spill events;
• Area Committees, composed of federal, state, and local government officials, must develop detailed, location-specific Area Contingency Plans; and
• Owners or operators of vessels and certain facilities that pose a serious threat to the environment must prepare their own Facility Response Plans.

Finally, the OPA increased penalties for regulatory noncompliance, broadened the response and enforcement authorities of the federal government, and preserved state authority to establish law governing oil spill prevention and response.

For more information, read the latest statute at 33 U.S.C. Sections 2701 to 2762.