A EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
Publication 9200.5-1151
February 1991
Update on Implementation
of the Oil Pollution Act of 1990
Office of Emergency and Remedial Response
Emergency Response Division OS-210
Intermittent Bulletin
Volume 1 Number 1
Inside the Update
Regional Workgroup Meets in Galveston
Questions and Answers on the Oil Pollution Act
of 1990
Timeline: Major EPA Activities and Deadlines
Associated with the Act
List of EPA Implementation Workgroups
Purpose of the Update
Chances are that in the time it takes to read
this new bulletin, another two oil spills in the U.S.
will be reported to the Federal government. In all
of 1990, nearly 20,000 oil discharges were reported,
up more than 10 percent from the previous year.
With the Oil Pollution Act of 1990, signed into law
by President Bush on August 18th, the U.S.
Environmental Protection Agency and the U.S.
Coast Guard together have unprecedented ability
to prevent oil spills from occurring and to combat
the effects of spills that do occur.
In this series of bulletins, we intend to
provide you with up-to-date information on EPA's
implementation of the various provisions of this
important new law. Specifically, the Update will
highlight the activities of our Headquarters and
field staff as they develop and enforce the
regulations and policies that make up our high-
priority oil pollution prevention program. Your
comments on the Update are welcome; please
contact the editor, Ms. Phyllis Anderson, at (202)
382-5614.
Stephen Luftig, Director
Emergency Response Division, EPA
REGIONAL WORKGROUP MEETS IN GALVESTON
The active participation of EPA field personnel
involved in oil pollution prevention and abatement is
an integral part of the Agency's implementation of the
Oil Pollution Act of 1990 (OPA). As part of this
effort, 50 Regional and Headquarters staff gathered in
Galveston Island, Texas, from December 10-13, 1990.
The purpose of the meeting was to discuss
implementation issues and to develop Regional
recommendations on the expanded role and
responsibilities of EPA in preventing and responding
to oil spills. The special meeting also provided an
opportunity for Regional staff to exchange ideas and
information with EPA Headquarters about current
activities and measures addressing oil pollution.
On-Scene Coordinators (OSCs) from all 10 EPA
Regions participated, as did Headquarters
representatives from the Office of Solid Waste and
Emergency Response, Office of Enforcement, Office of
Research and Development, and Office of General
Counsel. The responsibility for implementing many
OPA requirements will be assumed by EPA's OSCs,
who currently enforce the Oil Pollution Prevention
regulation (also known as the Spill Prevention,
Control, and Countermeasures, or SPCC, regulation)
and who lead responses to oil spills in the inland zone.
Representatives from the U.S. Coast Guard (USCG)
also attended to indicate how the USCG is
implementing its areas of responsibility and to provide
recommendations regarding EPA efforts. Under a
forthcoming Executive Order, the USCG and EPA are
the primary Agencies charged with implementing this
far-reaching new law.
Organization
The four-day meeting was organized into a series
of general sessions and smaller working group
discussions on specific implementation issues. The first
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Printed on Recycled Paper
February 1991
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REGIONAL WORKGROUP (Continued)...
day included presentations on the principal provisions
of the OPA, the implementation schedule, and the
current status of activities. The following two days
were devoted to discussions of six separate working
groups. Provisions of the new law were divided into
the areas of prevention and response, with three
working groups addressing each area. At the end of
each day, the participants reconvened to summarize the
day's progress and hear the suggestions of the other
working groups. On the third day, Stephen Luftig,
Director of EPA's Emergency Response Division,
discussed the budgetary and resource implications of
the OPA. The final day was devoted to developing a
set of consensus recommendations reflecting the
Regional perspective on prevention and response
issues. Interspersed throughout the four days were
presentations on the history of EPA's oil spill
programs, new research and development initiatives in
oil spill clean-up technology, and the implications of
the enforcement provisions of the statute that expand
on existing Federal authority.
Prevention
The OPA contains numerous new planning and
preparedness provisions designed to prevent oil spills
from happening in the first place. The two main
provisions that EPA is responsible for implementing
require the preparation of response plans by certain
facilities that may discharge oil to navigable waters and
the establishment of Area Committees to develop
contingency plans for specific areas at risk of damage
from an oil spill. Under the OPA, a facility that may
discharge oil causing "substantial harm" to the
environment must submit its response plan to EPA or
the USCG. In addition, the Agency must review and
approve the response plan of any facility whose oil
discharge may cause "significant and substantial harm."
Participants focused on developing appropriate
definitions for these two phrases, and discussed what
should be contained in a facility's response plan.
The OPA also requires the establishment of Area
Committees under the direction of an OSC. These
committees will develop Area Contingency Plans
specifically addressing potential discharges in that
locale. The plans must be approved by EPA or the
USCG. Regarding the Area Committees, participants
discussed factors to be considered in designating the
Area Committees, including: past spill history in the
area; presence of natural resources or special
environmental areas; concentration of facilities,
pipelines, and vessels; location of potable water
supplies; and location of existing planning or response
entities. Participants also began the process of defining
the composition and role of the Area Committee in
relation to other existing planning and response
organizations, such as the Regional Response Team
created under the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). The
NCP is the regulatory blueprint that guides the Federal
response to oil spills and releases of hazardous
substances.
Response
The OPA modifies the Federal role in responding
to oil spills by establishing a new, consolidated trust
fund to pay for response actions and by expanding the
OSC's role in spills that pose a "substantial threat to
public health and welfare." For these serious spills, the
Federal OSC is required to direct the response.
Participants addressed the mechanics of access to the
new oil spill response fund including reimbursements
for states that respond to oil spills. The OSCs also
discussed the required revisions to the NCR.
Among the key NCP revisions will be new criteria
and procedures for responding to discharges that result
in a "substantial threat to the public health or welfare"
and procedures and standards for removing a "worst
case discharge" of oil. Participants discussed both the
definitions of these terms and the regulatory changes
required. In addition, participants debated the merits
of dividing the NCP into separate documents covering
oil and hazardous substances or emergency and
remedial response to facilitate its usefulness during a
response. The implications of changes in enforcement
policies and penalties stemming from the OPA also
received attention. Representatives from several
Regions stated that enforcement activities in their
Region may be reorganized as a result of the new law.
Next Steps
Among the key initiatives emerging from the
meeting was the need to preserve flexibility at the
Regional level to reflect local circumstances and
conditions. Further, the participants expressed the
desire to integrate the new statutory requirements into
EPA's successful existing oil pollution prevention and
abatement programs. A draft report of the consensus
recommendations of the Workgroup will be prepared
by mid-January, and a final report is expected by early
February. The participants also expressed an interest
in additional periodic meetings with the participation
of the USCG to promote Federal coordination and to
ensure a continued strong Regional perspective as
implementation proceeds, n
Update on Implementation of the Oil Pollution Act of 1990
February 1991
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QUESTIONS AND ANSWERS
What is the Oil Pollution Act of 1990 (OPA)?
The OPA is a comprehensive statute designed to
expand oil spill prevention activities, establish new
Federal authority to direct responses to spills, improve
preparedness and response capabilities, ensure that
shippers and oil companies are responsible for damages
from spills that do occur (subject to liability limits),
and establish an expanded oil pollution research and
development program. Primary Federal responsibility
for implementing the OPA rests with the U.S. Coast
Guard (USCG) and EPA The OPA was signed into
law by President Bush on August 18, 1990.
Congress approved the OPA primarily as a result
of spill response efforts for the Exxon Valdez spill and
other recent spills. Although seven similar proposals
had been defeated over the past 15 years, recent spill
events solidified a broad-based support for oil pollution
legislation and led to unanimous passage of the OPA
by both houses of Congress.
What is the nature and extent of the oil spill problem in
this country?
Thousands of oil spills occur each year. Over the
three-year period from 1987 through 1989, the Federal
government received approximately 50,000 notifications
of oil discharges - an average of 16,700 per year, or 45
notifications every day. Fixed facilities accounted for
about 45 percent of all reported releases; marine
sources accounted for approximately 20 percent of the
releases; pipeline and offshore facilities each
represented about 10 to 15 percent of releases; and
highway accidents accounted for less than 10 percent of
the total number of releases reported. Two thirds of
the releases primarily affected water; one third affected
land. In 1989, there were 29 oil spills exceeding
100,000 gallons.
What are the OPA's main provisions?
The most significant provisions include:
Expanded Federal Role in Response. Federal
authority for response to a discharge of oil is expanded:
the Federal government is required to direct responses
to discharges that pose a "substantial threat to the
public health or welfare," and has the discretion to
direct responses to other discharges. In addition, the
USCG is to establish a National Response Unit and
individual oil spill response groups in each of the ten
USCG Districts to coordinate equipment used for spill
response activities.
Oil Spill Liability Trust Fund. The OPA establishes an
Oil Spill Liability Trust Fund administered by the
USCG to pay for removal costs and damages not
recovered from responsible parties. Fund monies are
supplied by a five-cent-per-barrel fee on oil. The Fund
provides up to $1 billion per incident for cleanup costs
and other damages.
Contingency Planning. The OPA requires EPA and
the USCG to enhance the existing National Response
System by designating Area Committees to develop
Area Contingency Plans to help ensure the removal of
a worst-case spill from a vessel or facility in or near the
area covered by a plan. In addition, the OPA requires
that owners or operators of individual vessels and
facilities (except onshore facilities that are not expected
to cause environmental harm) prepare response plans
for worst-case oil and hazardous substance discharges.
Increased Liability for Spills. The OPA increases the
liability of tanker owners and operators in the event of
a spill from $150 per gross ton to $1,200 per gross ton"
of vessel weight. In addition, responsible parties at
onshore facilities and deepwater ports are liable for up
to $350 million per spill; holders of leases or permits
for offshore facilities are liable for up to $75 million
per spill, plus the removal costs for the spill. The
OPA also broadens liability to cover not only removal
costs and natural resource damages, but also the
provision of spill-related health and safety services by
State and local governments and losses of property,
revenues, and profits.
Double Hulls. Under the OPA, most newly
constructed tankers over certain size limits must have
double hulls or other double containment systems.
Existing tankers without double hulls are to be phased
out by size, age, and design beginning in 1995; most
tankers without double hulls are .banned after 2015.
Research and Development. The OPA mandates the
establishment of an interagency committee to
coordinate efforts to improve oil spill response
technology.
How does the OPA affect existing laws and regulations?
The OPA revises CWA section 311 to expand
Federal response authority; increase penalties for spills;
establish USCG response organizations; require vessel
and facility response plans; and provide for interagency
contingency plans. Many of the statutory changes will
require corresponding revisions to the National Oil and
Hazardous Substances Pollution Contingency Plan
(NCP). In addition, the OPA amends the Deepwater
Port Act of 1974 and the Outer Continental Shelf
Continued on next page
Update on Implementation of the Oil Pollution Act of 1990
February 1991
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QUESTIONS AND ANSWERS (Continued)...
Lands Act Amendments of 1978 to merge funds
established under these laws with the new Trust Fund,
and makes the Trust Fund available for actions under
the Intervention on the High Seas Act.
How is the OPA being implemented?
A forthcoming Executive Order is expected to
delegate authority to implement the OPA primarily to
the USCG and EPA. The Agency is expected to
receive lead responsibility or joint responsibility (with
the USCG) for a number of provisions. A
memorandum of understanding will address how the
two organizations will interact in carrying out their
responsibilities. (See the next page for the major EPA
activities and deadlines associated with the OPA.)
How will EPA implementation of the OPA help oil spill
planning and prevention efforts?
The OPA strengthens spill planning and
prevention activities by providing for the establishment
of interagency spill contingency plans for areas of the
U.S., mandating the development of response plans for
individual vessels and facilities, and requiring the
inspection of spill removal equipment. These efforts
are intended to result in more prompt and effective
cleanup or containment of oil spills, thereby preventing
spills from becoming larger and reducing the amount
of damage caused by spills.
Area Committees, to be composed of qualified
Federal, State, and local officials, will be created to
develop Area Contingency Plans. These plans must be
reviewed and approved by EPA and the USCG by
August 18, 1992. In addition, owners and operators of
onshore facilities that could cause significant and
substantial harm by discharging oil to navigable waters,
offshore facilities, and tank vessels are required to
prepare and submit response plans. Response plans
for onshore facilities that could cause significant and
substantial harm by discharging oil to navigable waters
must be reviewed and approved by EPA. If response
plans are not developed and approved as required by
the OPA, the vessel or facility may be prohibited from
handling, storing, or transporting oil. Under the OPA,
containment booms, skimmers, vessels, and other major
spill removal equipment must be inspected periodically;
bulk vessels must carry removal equipment that uses
the best technology economically feasible and
consistent with the safe operation of the vessel.
The higher limits on liability and the broader
scope of damages for which dischargers may be liable
under the OPA will serve as an added incentive for
facilities and vessels to prevent spills. In addition,
EPA is expected to take the lead or participate in
several studies and research and development efforts
that will aid in oil spill prevention. (Other
requirements of the OPA to be implemented by the
USCG -- such as the establishment of a National
Response Unit and District Response Groups and new
standards for vessel construction, crew licensing, and
manning -- also will help to prevent or mitigate spills.)
What will EPA do under the OPA to improve oil spill
response efforts?
The OPA expands the Federal government's
involvement in responding to the most significant
spills. For discharges that pose a "substantial threat to
the public health or welfare," the OPA requires that
the Federal government direct response efforts. For
other types of discharges, the OPA gives the Federal
government the authority to direct all Federal, State,
and private response actions. This authority is in
addition to the existing discretion to conduct response
activities and recover costs from responsible parties. In
addition, the OPA requires the establishment of
procedures and standards for the removal of "worst-
case discharges" (defined in the OPA as discharges in
adverse weather conditions of the entire cargo of a
vessel or the largest foreseeable amount of oil from a
facility).
What EPA oil pollution research and development efforts
are mandated by the OPA?
The OPA requires that an interagency committee
be established to coordinate oil pollution research,
technology development, and demonstration.
Technologies that may be developed to address the
problem of oil pollution include booms, skimmers, and
containers for temporary storage of oil during recovery
activities; chemical treatment methods, such as
dispersants; biological oil treatment methods, such as
the introduction of microorganisms and/or nutrients;
and the use of aircraft and remote sensing in oil spill
cleanup and monitoring activities. In addition, EPA is
undertaking a study on whether liners or other means
of secondary containment should be used to detect or
prevent leaking from onshore bulk storage facilities.
How are the EPA program offices carrying out their
responsibilities under the OPA?
To coordinate the numerous efforts required
under the OPA, EPA's Emergency Response Division
(ERD) has formed the OPA Implementation
Workgroup. Within the overall workgroup, a number
of other workgroups have been formed to implement
specific OPA provisions (see the last page of this
bulletin). •
Update on Implementation of the Oil Pollution Act of 1990
February 1991
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Major EPA Activities and Statutory Deadlines
Associated with the Oil Pollution Act of 1990
OPA Signed
2/18/91
Report to Congress on deepwater ports
(1004(d)(2)(B), USCG lead)
Promulgate regulations on periodic gauging
of vessel plating thickness (4109, USCG lead)
Promulgate regulations on overfill and cargo
tank level or pressure monitoring devices
(4110, USCG lead)
Report to Congress on liners at onshore
facilities (4113(b))
Revise and republish the National Contingency
Plan (4201 (c))
2/18/92'
Promulgate regulations on assessment of
natural resource damages from oil discharges
(1006(e), National Oceanic and Atmospheric
Administration lead)
Require periodic inspection of removal
equipment at non-transportation-related
onshore facilities (4202(a)(6))
Review and issue determinations on Area
Contingency Plans (4202(b)(1)(C))
Promulgate regulations for facility response plans
(4202(b)(4))
8/18/93
r 8/18/90
8/18/91
8/18/92
Report to Congress on the desirability of
adjusting liability limits for removal costs for
non-transportation-related onshore facilities
(OPA section 1004(d)(3))
Propose regulations on authority to obligate
the Trust Fund (1012(e). U.S. Coast Guard lead)
Report to Congress on Great Lakes Agreements
(3002. Department of State lead)
Report to Congress on Lake Champlain
Agreements (3003, Department of State lead)
Designate areas for Area Contingency Plans
(4202(b)(1)(A))
Interagency research committee submits
implementation plan to Congress (7001 (b)(1),
USCG lead)
Initiate rulemaking to lower liability limits for
deepwater ports if recommended in Report
to Congress required by 1004(d)(2)(B)
(1004(d)(2)(C). USCG lead)
Implement recommendations of Report
to Congress on liners (41l3(c))
Area Contingency Plans submitted for review
(4202(b)(1)(B))
Promulgate regulations on inflation adjustments
to liability limits for removal costs for non-trans-
portation-related onshore facilities (1004(d)(4))
Approve facility response plans (4202(b)(4)(C))
Update on Implementation of the Oil Pollution Act of 1990
February 1991
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EPA WORKGROUPS IMPLEMENTING THE OPA
OPA Implementation Workgroup. Coordinates the numerous efforts required under the
OPA and oversees the activities of the other EPA workgroups.
Area Contingency Plans. Considering issues associated with designating areas for which Area
Committees are to be established and Area Contingency Plans are to be prepared.
Facility Response Plans. Developing regulations for facility response plans as part of the
Spill Prevention, Control, and Countermeasures Phase II Rulemaking Workgroup.
Response Plan Guidance. Developing interim and final guidance for reviewing facility
response plans.
NCP Revisions. Developing revisions to the NCP required by the OPA.
NCP Subpart J Revisions. Focusing on the development of Subpart J revisions to the NCP
Product Schedule.
Enforcement. Determining EPA enforcement responsibilities in light of the new penalty
provisions added by the OPA.
Liner Study. Preparing a report to Congress on whether liners or secondary containment
should be used to prevent leaking at onshore facilities.
Research and Development. Coordinating EPA's program of oil pollution research,
technology development, and demonstration.
Regional OPA Workgroup. Facilitating Regional involvement in the development of EPA
programs, policies, and regulations required by the OPA.
CHAIR
Stephen Luftig, ERD
(202) 475-8720
Caroline Isber, CEPPO
(202) 382-5338
Bobbie Lively-Diebold, ERD
(703) 356-8774
Bobbie Lively-Diebold, ERD
(703) 356-8774
Elizabeth Zeller, ERD
(202) 382-7735
Karen Sahatjian, ERD
(202) 382-2307
David Drellich, OE
(202) 382-2949
Kurt Jakobson, ORD
(202) 382-5747
Fred Lindsey, ORD
(202) 382-2600
Doug Kodama
EPA Region 2
(908) 906-6905
&EPA
United States
Environmental Protection
Agency (OS-120)
Washington, DC 20460
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MR ROBERT RETTIG
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