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 ------- 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, ------- 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 ------- 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. ------- 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 ------- 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. ------- 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. ------- |