United States
                             Environmental Protection'
                             Agency
Off ice of
Solid Waste and
Emergency Response
Publication 9360.8-01 FS

       December 1991
                             Overview  of  the Oil  Pollution
                             Act of 1990
  Office of Emergency and Remedial Response
  Emergency Response Division     „    OS-210
                        Quick Reference Fact Sheet
    Thousands of oil spills occur in the United StaWl Hf$ §H3fl £>,verrae th&d-vear period from 1988 through 1990, the
Federal government received 42,000 notifications of oil discharges -- an average of 15,000 per year, or about 40 notifications
per day.  In 1990 alone, there were 24 oil spills that exceeded 100,000 gallons, five of which were greater than 1 million
gallons.  In 1989, 38 oil spills exceeded 100,000 gallons, including the devastating Exxon Valdez spill in  Alaska's Prince
William Sound.  In response to the new public awareness of the damaging effects of major oil spills, Congress unanimously
enacted tougher oil spill legislation and, on August 18, 1990, the President signed into law the Oil Pollution Act of 1990
(OPA or  the Act).

    On October 18,1991, the President issued Executive Order 12777, delegating the authority for implementing provisions
of the OPA to several Federal agencies and departments, including the U.S. Environmental Protection Agency (EPA) and
the U.S.  Coast  Guard (USCG).   These "OPA  Q's & A's" are part of a series of fact  sheets that  provide  up-to-date
information on EPA's implementation of the OPA. This first fact sheet provides an overview of the various provisions of
the OPA  and  the Agency's responsibilities under the new law.
                General Overview
Q1.  What is the OPA?

A.   The OPA  (Pub. L. 101-380) is  a  comprehensive
     statute designed to expand oil spill prevention, pre-
     paredness, and response capabilities of the Federal
     government and industry.  The Act establishes a new
     liability and compensation regime for oil pollution
     incidents in the aquatic environment and provides
     the resources necessary for the removal of discharged
     oil.  The OPA consolidates several existing oil spill
     response funds into the  Oil Spill  Liability Trust
     Fund, resulting in a Si-billion fund to be used to
     respond to, and provide compensation for damages
     caused by, discharges of oil.  In addition, the OPA
     provides new requirements for contingency planning
     both by government and industry and  establishes new
     construction, manning,  and  licensing requirements
     for tank vessels.  The OPA also increases penalties
     for regulatory noncompliance, broadens the response
     and enforcement authorities of the Federal govern-
     ment, and preserves State authority to establish laws
     governing oil spill prevention and response.
Q2.   How does the OPA affect existing laws and
      regulations?
A.    The OPA amends section 311 of the Federal Water
      Pollution Control Act  (the Clean  Water Act or
      CWA,  33 U.S.C.  1321  et seq), to clarify Federal
      response authority,  increase penalties for spills,
      establish USCG response organizations,  require
      tank vessel  and facility response plans, and provide
      for contingency planning in designated areas. Many
      of the statutory changes will require corresponding
      changes to  the National Oil and Hazardous Sub-
      stances Pollution Contingency Plan (NCP), codified
      at 40 CFR Part 300. In addition, the OPA repeals
      the following statutory  provisions and merges the
      funds established under these laws with  the Trust
      Fund:  (1) CWA section 311(k); (2) Title III of the
      Outer Continental Shelf Lands Act Amendments of
      1978 (43 U.S.C. §1811 et seq); (3) section 18(1) of
      the Deepwater Port Act  of 1974 (33 U.S.C. §1502 et
      seq); and (4) section 204(c) of the Trans-Alaska
      Pipeline Authorization Act (43 U.S.C. §1651 et seq),
      except  for  amounts necessary  to  pay remaining
      claims.   The OPA also  makes the Trust Fund
      available for actions taken in accordance with the
      Intervention on the High Seas Act (33 U.S.C. §1486
      et seq).  The OPA, however, does not  preempt
      States' rights to impose additional liability or other

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      requirements with respect  to  the  discharge of oil
      within  a  State  or to  any removal activities  in
      connection with such a discharge.

Q3.   Which Federal agencies are responsible for
      implementing the OPA?
A.    On October 18, 1991, the President issued Executive
      Order 12777, delegating authority to implement the
      OPA to various Federal agencies and departments,
      including  EPA  and  the  USCG  (via  the  U.S.
      Department of Transportation or DOT).   Forth-
      coming memoranda of understanding between EPA
      and the USCG will address how-the two agencies
      will  interact Tn^'Carrying'•pur their1  respective '
      responsibilities.  In generai.-EPA is responsible for'
      oil  spill  prevention,  preTpatedhessn arid  response
      activities associated \Sithjhon-transportation-related
      onshore facilities.  The Agencyfhas;~lead responsi-
      bility for implementing many of the OPA provisions
      in  the inland zone, including revising  the  NCP,
      developing   non-transportation-related  facility
      response plan regulations, reviewing and approving
      facility response plans, designating areas, appointing
      Area Committee members, and establishing require-
      ments for  Area Contingency Plans.

      In  addition, the DOT (including, in some cases, the
      USCG) generally is responsible for oil spill planning
      and response activities  for tank vessels, transpor-
      tation-related onshore facilities, and deepwater ports.
      The  U.S.  Department  of Interior  generally is
      responsible  for  oil  spill  planning  and  response
      activities   for offshore facilities except deepwater
      ports.  Under the  OPA, the National Oceanic  and
      Atmospheric Administration  is developing regula-
      tions for natural resource trustees to assess damages
      to  natural resources caused by oil discharges.

04.   How are the EPA program offices  carrying out
      their responsibilities under the OPA?

A.    Most OPA provisions delegated to EPA are being
      implemented  by  EPA's  Emergency   Response
      Division (ERD), a part of the Office of Emergency
      and Remedial Response within the Office  of Solid
      Waste and Emergency Response. Within ERD, the
      newly created Oil  Pollution Response and Abate-
      ment Section will play a major role in carrying out
      the  Agency's  responsibilities  under  the OPA.
      Moreover, to coordinate the many efforts required
      under the  Act, EPA formed the OPA Implementa-
      tion Workgroup, chaired by the Director  of ERD. A
      variety of Headquarters and Regional  offices  are
      represented on  this  workgroup;  EPA  Region 2
      currently   participates  as   the  lead  Regional
      representative.   Within the overall  workgroup, a
      number of  other workgroups  are  implementing
      specific OPA provisions (see Highlight 1).
             Highlight 1: EPA Workgroups
               _ to Implement the OPA

        The Regional Implementation workgroup is
        developing recommendations on EPA's expanded
        role and responsibilities in preventing and
        responding to oil spills.

        The Area Contingency Plans workgroup is
        studying issues 'associated with designating areas
        for which Area Committees and Area
        Contingency Plans are to be established.

        The Facility Response Plans workgroup, which
        has been incorporated into the existing Spill
        Prevention, Control,  and Countermeasures
        (SPCC) Phase Two Workgroup, is developing
        regulations for facility response plans, as well as
        interim guidance for  reviewing such plans.

        The NCP Revisions workgroup is developing the
        revisions to the NCP required by the OPA. A
        subworkgroup has been established to focus on
        revising Subpart 3 to establish procedures for
        using chemical agents to respond to oil spills.

        The Enforcement workgroup is reviewing EPA
        enforcement responsibilities in light of the new
        penalty provisions added by the'OPA.

        The Liner Study workgroup is preparing a report
        to Congress on whether liners or secondary
        containment should be used to prevent discharges
        from onshore facilities.

        The Research and Development workgroup is
        coordinating EPA's program of oil pollution
        research and technology development and
        demonstration.
             Federal and State Roles
Q5.   What is the Federal government's role when
      responding to releases of oil?
A.    Under section 311(c) of the CWA, as amended by
      section   4201 (a)   of  the  OPA,   the  Federal
      government  must   ensure   the   effective   and
      immediate removal of a discharge (or a substantial
      threat of a discharge) of oil or hazardous substance:
      (1)  into  or  on navigable waters  and  adjoining
      shorelines; (2) into or on the waters of the exclusive
      economic zone; or  (3)  that  may  affect  natural
      resources of the U.S. In carrying out this provision,
      the  Federal  government  may:   (1)  remove or
      arrange for the removal of a discharge, subject to
      reimbursement from the responsible party; (2) direct
      or monitor all Federal, State, and private actions to
      remove a discharge; or (3) remove and, if necessary,

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destroy a vessel. discharging, or threatening to
discharge. If the discharge is of such size or
character as to pose a substantial threat to the public
health or welfare, the Federal government is
required to direct all public and private efforts to
remove the discharge. For all other discharges, the
Federal government has the discretion to take action,
direct, or monitor public or private actions to
remove the discharge. To facilitate and expedite
emergency responses to discharges that pose a
substantial threat to the public health or welfare,
OP A section 4201 amends the CW A to exempt the
Federal government from certain laws governing
contracting procedures and the employment of
personnel. In addition, an amendment to section
311(c) of the CWA provides an exemption from
liability for response costs and damages which result
from actions taken, or not taken, by a person
rendering care, assistance, or advice consistent with
the NCP. This exemption does not apply: (1) to a
responsible party; (2) to a response conducted
pursuant to the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.c. 9601 et seq.); (3) with respect to personal
'injury or wrongful death; or (4) if the person is
grossly negligent or engages in willful misconduct.
The intent of the OP A is to enable the Federal
government to direct responses that are both
immediate and effective.
06.
Many States have laws governing oil spill
prevention and response. Does the OPA
preempt State laws?
A.
No; section 1018(a) of the OP A specifically provides
that the Act does not preempt State law. States may
. impose additional liability (including unlimited
liability), funding mechanisms, requirements for
removal actions, and fines and penalties for
responsible parties. 'Section 1019 of the OP A
provides States the authority to enforce, on the
navigable waters of the State, OP A requirements for
evidence of financial responsibility. States are also
given access to Federal funds (up to $250,000 per
incident) for immediate removal, mitigation, or
prevention of a discharge, and may be reimbursed by
the Trust Fund for removal and monitoring costs
incurred during oil spill response and cleanup efforts
that are consistent with the NCP.
Liability and Financial Responsibility
07. What provisions for oil spill liability does the
OPA establish?
A.
Title I of the OP A contains liability provisions
governing oil spills modeled after CERCLA and sec-
tion 311 of the CWA. Specifically, section 1002(a)
of the OP A provides that the responsible party for
a vessel or~facility from which oiJ is discharged" or
which poses a substantial threat of a discharge, is
liable for: (1) certain specified damages resulting
from the discharged oil; and (2) removal costs
incurred in a manner consistent with the NCP.
Highlight 2 identifies the types of "damages" that
responsible parties are potentially liable for under
the OPA. Section 1002(d) also provides that if a
responsible party can establish that the removal
costs and damages resulting from an incident were
caused solely by an act or omission of a third party,
the third party will be held liable for such costs and
damages. In these cases, however, the responsible
party is 'still required to pay the removal costs and
damages resulting from the incident, but is eniitled
by subrogation to recover all costs and damages
from the third party or the Trust Fund.
Highlight 2: Damages for Which Responsible
Parties Are Potentially Liable
The scope of damages for which oil dischargers may be
liable under section 1002 of the OJ> A includes:
Natural resource damages, including the reasonable
costs of assessing these damages;
Loss of subsistence use of natural resources;
Real or personal property damages;
Net loss of tax and other revenues;
.
Loss of profits or earning capacity; and
Net cost of additional public services provided
during or after removal actions.
08. Does the OPA provide defenses to its oil spill
liability provisions?
A.
Yes; section 1002(c) of the OPA provides excep-
tions to the' statute's liability provisions. The
exceptions include: (1) discharges of oil authorized
by a permit under Federal, State, or local law; (2)
discharges of oil from a public vessel; or (3) dis-
charges of oil from onshore facilities covered by the
liability provisions of the Trans-Alaska Pipeline
Authorization Act.
In addition, section 1003 of the OP A provides the
responsible party with defenses to liability imposed
under section 1002 of the Act jf the responsible
party establishes that the spill was caused solely by:
(1) an act of God; (2) an act of war; (3) an act or

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omission of a third party; or (4) any combination of
these events. To prevail in a third-party defense, the
responsible party must prove that it took due care in
handling the .oil and took precautions against any
foreseeable acts of the third party and any
foreseeable consequences of those actions. However,
the defenses contained in section 1003 are not
available to responsible parties that: (1) do not.
report an incident of which they are aware; (2) do
not cooperate with response officials during removal
actions; or (3) without sufficient cause, do not
comply with an order issued under section 311 of the
CW A, as amended, or the Intervention on the High
Seas Act.
09.
Does the OPA establish limits on liability?
'-
A.
Yes; the OP A establishes significantly higher limits
of liability for tank vessels, facilities, and deepwater
ports than existed previously under section 311 of
the CW A. Specifically, section 1004 of the OP A
increases the liability for tank vessels larger than
3,000 gross tons to $1,200 per gross ton or $10
million, whichever is greater. 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, except deepwater
ports, are liable for up to $75 million per spill, plus
removal costs. Section 1004(d)(1) of the OPA,
however, provides the Federal government with the
authority to adjust, by regulation, the $350-million
liability limit established for onshore facilities,
"taking into account size, storage capacity, oil
throughput, proximity to sensitive areas, type of oil
handled, history of discharges, and other factors
relevant to risks posed by the class or category of
facility." The Agency is currently assessing the
desirability of adjusting the liability limit for onshore
non-transportation-related facilities based on these
factors.
In addition, the OP A establishes the following
conditions under which liability would be unlimited:
. (1) discharges caused by gross negligence, willful
misconduct, or violation of Federal safety,
construction, or operating regulations; (2) failure to
report a known spill; (3) failure or refusal to.
cooperate in a removal action; or (4) failure or
refusal to comply with an order issued under section
311 of the CWA, as amended, or the Intervention on
the High Seas Act. In addition, the owner or
operator of an Outer Continental Shelf facility, or
vessel carrying oil as cargo from such a facility, is
required to pay for all removal costs incurred by the
U.S. Government or any State or local agency in
connection with a discharge, or substantial threat of
a discharge, of oiL
010. What penalties are responsible parties
subject to under the OPA?

Section 4301(a) of the OPA amends the CWA to
increase the criminal penalties for failure to notify
the appropriate Federal agency of a discharge.
Specifically, the fine is increased from a maximum
of $10,000 to a maximum of $250,000 for an
individual or $500,000 for an organization. The
maximum prison term is also increased from one
. year to five years.
A.
In addition, section 4301(b) of the OP A amends the
CW A to authorize a civil penalty of $25,000 for
each day of violation or $1,000 per barrel of oil
discharged. These penalties are higher in cases of
gross negligence or willful misconduct. Failure to
comply with a Federal removal order can result in
civil .penalties of up to $25,000 for each day of
violation or three times the resulting costs incurred
by the Trust Fund. Under section OPA 4301(c),
criminal penalties can range up to $250,000 and 15
years in prison. EP A and the USCG also have the
authority to administratively assess civil penalties of
up to $125,000 against violators of the Oil Pollution
Prevention Regulations (40 CFR Part 112) or those
responsible for the discharge of oil or hazardous
substances.
011. Are all parties regulated under the OPA
required to provide evidence of financial
responsibility?
No; owners and operators of onshore facilities are
not required to maintain financial assurance mech-
anisms. Owners and operators of offshore facilities,
certain vessels, and deepwater ports, however, must
provide evidence of financial responsibility.
Specifically, section 1016 of the OP A requires that
offshore facilities maintain evidence of financial
responsibility of $150 million and vessels and
deepwater ports must provide evidence of financial
responsibility up to the maximum applicable liability
limitation amount. Any vessel subject to this
requirement that cannot produce' evidence of
financial responsibility is not allowed to operate in
U.S. waters. Methods of assuring financial
responsibility under the OP A include evidence of
insurance, surety bond, guarantee, letter of credit, or
qualification as a self-insurer. Also, OP A section
1016(f) provides that claims for removal costs and
damages may be asserted directly against the
guarantor providing evidence of financial
responsibility.

012. Are there funds available if cleanup costs and
damages cannot be recovered from responsible
parties? .

Yes; the OP A authorizes the expenditure of funds
from the Oil Spill LiabilityTrust Fund, established
A.
A.

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under section 9509 of the Internal Revenue Act of
. 1986 (26 U.S.C 9509), to pay for removal costs
and/or damages resulting from discharges of oil into
U.S. waters or supplement existing sources of
funding. The Trust Fund, which is administered by
the USCG, is based on a five-cent-per-barrel
environmental fee on domestic and imported oil.
The OP A amends section 9509 of the Internal
Revenue Act of 1986 to consolidate funds estab-
lished under other statutes and to increase permitted
levels of expenditures. Specifically, section 9001(a)
of the OP A consolidates the assets and liabilities
remaining with, and the penalties paid pursuant to,
the funds established under: (1) section 311 of the
CW A; (2) section 18(f) of the Deepwater Port Act of
1974; (3) Title III of the Outer Continental Shelf
Lands Act of 1978;-and (4) section 204 of the Trans-
Alaska Pipeline Authorization Act (after settlement.
of existing claims). The OP A amends the resulting
Trust Fund by expanding permissible expenditures
- from $500 million per incident, and a separate $250-
million per incident limit on natural resource claims,
to $1 billion per incident and a $500-million per
incident spending limit on natural resource damages.
In addition, the OP A increases the Trust Fund
borrowing limit from $500 million to $1 billion.
Oil Spill Preparedness and Prevention
013. How will implementation of the OPA help oil
spill planning and prevention efforts?
A.
Section 4202 of the OP A strengthens planning and
prevention activities by: (1) providing for. the
. establishment of spill contingency plans for all areas
of the U.S.; (2) mandating the development of
response plans for individual tank vessels and certain
facilities; and (3) providing requirements for spill
removal equipment and periodic inspections. 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 oil spills.
The development of Area Contingency Plans will
assist the Federal government in planning response
activities. In addition, owners and operators of tank
vessels, offshore facilities, and any onshore facilities
that because of their location could cause substantial
harm to the environment from a discharge, arere-
qui red to prepare and submit to the Federal govern-
ment plans for responding to discharges, including a
worst case discharge or a threat of such discharge.
If response plaits are not developed and approved as
required by section 311(j)(5) of the CW A, as
amended by the OP A, the tank vessel or facility will
be prohibited from p.andling,rstoring, or transporting
oil unless the tank vessel or facility submits a plan
to the Federal government and receives temporary
approval to continue operations (see Question #16
of this fact sheet). In addition, containment booms,
skimmers, vessels, and other major spill removal
equipment must be inspected periodically; tank
vessels must carry removal equipment that uses the
best technology economically feasible and is
consistent with the safe operation of t!1e vessel.

Moreover, the higher limits on liability and the
broader scope of damages for which dischargers may
be liable under the OP A should serve as added
incentives for facilities and vessels to prevent spills.
In addition, EP A is taking the lead or participating
in several studies and research and development
efforts that will aid in spill prevention. Other
requirements of the OP A being implemented by the
USCG -- such as establishing a National Response
Unit and District Response Groups and new
standards for tank vessel construction, crew
licensing, and manning -- also will help to prevent
or mitigate spills.
014. What are Area Committees and Area Contin-
gency Plans?
A.
Area Committees, to be composed of qualified
Federal, State, and local officials, will be created to
develop Area Contingency Plans. At a minimum,
Area Contingency Plans are intended to ensure the
removal of a worst case discharge, and to mitigate
or prevent a substantial threat of such a discharge,
from a vessel or facility in or near the area covered
by the plan. In the case of an onshore facility, a
worst case scenario is defined as the largest
foreseeable discharge under adverse weather
conditions. Area Contingency Plans will describe
areas of special environmental importance, outline
the responsibilities of government agencies and
facility or vessel operators in the event of a spill,
and detail procedures on the coordination of
response plans and equipment. In accordance with
Executive Order 12777, EP A is responsible for
reviewing and approving Area Contingency Plans for
the inland zone, whereas the USCG has similar
responsibilities for the coastal zone.
015. Does the OPA require onshore facilities to
prepare and submit a facility response plan?
A.
Yes; section 4202 of the OPA amends section
311(j)(5) of the CW A to require the owner or
. operator of a tank vessel, offshore facility, and
certain onshore facilities to prepare and submit to
the Federal government a plan for responding, to
the maximum extent practicable, to a worst case
discharge; or substantial threat of such a discharge,
of oil or hazardous substances. Specifically, OP A

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section 4202(a)(6) revises CWA section 311(j)(5) to
require the owner or operator of an onshore facility
that, because of its location, could reasonably be
expected to cause "substantial harm" to the
environment as the result of an oil discharge, to
submit a response plan to the Federal government.
The OPA revisions to CWA section 311(j)(5) also
require the Federal government to review and either
approve, or require amendments to, the response
plans of tank vessels, offshore facilities, and those
onshore facilities that could reasonably be expected
to cause significant and substantial harm to the
environment from a discharge. Under Executive
Order 12777, the President has delegated the
authority to review and approve response plans for
non-transportation-related onshore facilities to EP A.
016. What deadlines does the OPA place on the
preparation and submission of facility response
plans?

Section 4202(b) of the OP A establishes deadlines for
the preparation and approval of facility response
plans. Regulations addressing facility response plans
are required to be promulgated 24 months after the
date of enactment of the OP A (Le., August 18,
1992). Owners and operators of affected facilities
are required to prepare and submit their plans 30
months after the date of enactment (Le., February
18, 1993). Section 4202(b) of the OP A also states
that if the owner or operator of a facility required to
submit a plan has not done so by the deadline, t?at
facility must stop handling, storing, or transportmg
oil. Furthermore, a facility required to prepare and
submit a response plan may not handle, store, or
transport oil unless: (1) the plan has been appro.v~d
(when plan approval is required); and (2) the facIlIty
is operating in compliance with the plan. EP A may
authorize a facility which has submitted a plan to
operate without approval for up to two years if the
owner or operator certifies the availability of
personnel and equipment necessary to respond to a
wor~t 'case discharge or the substantial threat of such
a discharge.

017. What types of information must facility
response plans include?

The OP A requires owners or operators of a facility
to submit a response .plan that is: (1) consistent
with the NCP and Area Contingency Plans; (2)
updated periodically; and (3) resubmitted for
approval with each significant change. Highlight 3
provides a~ditional information that ~ust. be
included in the facility response plan. In conjunction
with the SPCC Phase II workgroup, the Facility
Response Plans workgroup is making preparations to
meet with trade associations representing - the
regulated community to provide ~nformation and
seek comments on the possible contents, the level of
A.
'v
A.
~,
Highlight 3: Information That Must be
Included in Ifacility Response 'plans
OP A section 4202(a) requires .that each facility response
plan, at a minimum:
Identify the individual with full authority to
implement removal actions, and requires immediate
comm~;lications between that individual, the
appropriate ,Federal official, and those providing
response personnel and equipment;
Identify and ensure the availability of private
. personnel and equipment necessary 10 remove to
the maximum extent practicable a worst case
discharge (including a discharge resulting from fire
or explosion), and to mitigate or prevent a
substantial thr,~at of such a discharge; and
Describe the training, equipment testing, periodic
unannounced drills, and response actions of persons
on the vessel or at the facility, to be carried out
under the plan to ensure the safety of the vessel or
facility'and to mitigate or prevent the discharge, or
the substantial threat of a discharge.
detail, and guidance that may be useful for
preparing response plans.
018. Does the OPA contain provisions that address
tank vessel construction?
A.
Yes; a major spill prevention feature of the OP A is
the requirement that tank vessels be equipped with
double hulls. Specifically, under section 4115 of the
OP A, newly constructed tank vessels must be
equipped with double hulls, with the exceptio~ of
vessels used only to respond to discharges of oil or
hazardous substances. In addition, newly
constructed tank vessels less than 5,000 gross tons
are exempt from the double-hull requirement if they
are equipped with a double containment system
proven to be as effective as a double hull for the
prevention of a discharge of oil. Existing tankers
without double hulls are to be phased out by size,
age, and design beginning in 1995, and are required
to be escorted by two towing vessels in specially
designated high-risk areas. Most tankers without
double hulls will be banned by 2015.
019. What other OPA requirements are designed to
prevent oil spills from tank vessels?
A.
The OP A contains additional provisions that are
intended to prevent tank vessel spills from
occurring, including: (1) strict licensing require-
ments; and (2) manning and safety standards.

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To ensure that the USCG can identify vessel per-
sonnel with motor vehicle offenses related to the use
of alcohol and drugs, OPA section 4101 requires
anyone applying for a license, certificate of registry,
or merchant mariners' document to provide a copy
of their driving record obtained from the National
Driver Registry. This requirement is intended to
provide background information on potential vessel
personnel with motor vehicle offenses related to the
use of alcohol and drugs. Applicants must also
submit to drug testing. Further, OP A section 4103
. provides additional authority for the expeditious
suspension of licenses and documents of merchant
mariners suspected of alcohol or drug abuse. OP A
section 4104 provides authority for the orderly
removal or relief of a vessel master or individual in
charge of the vessel suspected of be"ing under the
influence of alcohol or a dangerous drug. The
inclusion of these provisions reflects the concern that
alcohol or drug impairment are serious threats to
safe vessel operation.
Section 4114 of the OP A also requires that new tank
vessel manning standards be set, both for U.S. and
foreign tank vessels. For U.S. tank vessels, licensed
seamen are not permitted to work more than 15
hours in any 24-hour period, or more than 36 hours
in any 72-hour period. Forthcoming regulations will
designate the conditions under which tank vessels
may operate with the autopilot engaged or the
engine room unattended. Crew members also must
be trained in maintenance of the navigation and
safety features of the tank vessel. For foreign tank
vessels, a USCG review will determine whether tank
ves~el safety practices are at least the equivalent of
U.S. requirements. Tank vessels that do not satisfy
this standard will be prohibited from entering U.S.
waters. . These new requirements, emanating from
issues raised in the investigation of the Exxon Valdez
spill, should lead to better trained and more well-
rested crews on tank vessels;-
Other Provisions
. r
020. What oil pollution research and development
efforts are mandated by the OPA?
A.
Section 7001 of the OP A requires that an
interagency committee be established to coordinate
the establishment of a program ~()r conducting oil
pollution research, techn<.>logy development, and
demonstration. This program is specifically required
by the statute to provide research, development, and
demonstration in a number of areas, including:
.
Innovative oil pollution technologies (e.g.,
development of improved tank vessel design or
improved mechanical, chemical, or biological
systems or processes);
Oil pollution technology evaluation (e.g.,
controlled field testing and development of
testing protocols and standards);
.
Oil pollution effects research (e.g., development
of improved fate and transport models);
.
Marine simulation research (e.g., use and
application of geographic and vessel response
simulation models); and
.
Simulated environmental testing (e.g., use ofthe
Oil and Hazardous Materials Simulated
Environmental Test Tank).
021. What provisions are included in the OPA to
protect Alaska's Prince William Sound?
A.
Title V of the OP A contains several provisions
aimed at preventing future spills in Prince William
Sound. Specifically, the OPA: (1) authorizes the
Prince William Sound Oil Recovery Institute in
Cordova, Alaska; (2) establishes Oil Terminal
Oversight and Monitoring Committees for Prince
William Sound and Cook Inlet; (3) authorizes and
appropriates funds for construction of a navigation
light on Bligh Reef; and (4) requires all tank vessels
in Prince Wiiliam Sound 10 be under the direction
and control of a pilot,' who cannot be a member of
the crew of the tank vessel, licensed by the Federal
government and the State of Alaska. In addition,
section 8103 of the OP A establishes a Presidential
Task Force on the Trans-Alaska Pipeline System.
The Task Force will conduct a comprehensive audit
of the pipeline system (including the terminal in
Valdez, Alaska) 10 assess compliance with
applicable laws.

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