Act of 1990 into law on August 18, 1990. The new law was the first comprehensive oil pollution law in the United States, combining numerous U.S. laws into one.
OPA-90 had many provisions including:
・ Expanded federal authority and responsibility to the U.S. Coast Guard for response activities
・ National Planning and response system
・ Mandatory response plans, relying on private response capability
・ It applied to vessels, oil exploration & production platforms, terminals and pipelines
・ Equipment requirements and inspections - both on the response and prevention side
・ Federally mandated exercise and drill program
・ No federal preemption of state legislation
・ A strict implementation schedule by February 1993
OPA-90 also provided another important provision which is referred to as “responder immunity.” This provision provided a responder with a limited exemption from liability as long as the responder didn't cause personal injury or wrongful death, or act with gross negligence or willful misconduct. Since a response organization, much like a fire station, doesn't choose the time of day, weather conditions or circumstances to its response efforts, they should be protected from liability that may be placed on them due to these factors. Most U.S. States adopted similar provisions, and as a result, the U.S. Congress and every coastal jurisdiction in the U.S. agree that this provision has made good public policy to encourage response operations.
Marine Preservation Association/Marine Spill Response Corporation - September 1990
Shortly after OPA-90 was signed into law, and after the PIRO studies, the oil industry announced the creation of 2 new organizations designed to provide the kind of response capability discussed in the law. The Marine Preservation Association (MPA) and the Marine Spill Response Corporation (MSRC) were created in September of 1990. MPA is a not-for-profit organization created to fund the response capability of MSRC. MPA members are entitled to contract with MSRC for response services. MPA provides the funding which has allowed for the capital expenditures and annul operating budgets of MSRC.
When the 2 organizations were founded, it was estimated that the 5-year costs would be approximately US $825 million, double the amount estimated in January of 1990. This figure now estimated capital equipment purchases to be about US $325 million, annual operating budgets to be approximately US $100 million, and the initial estimation for R & D to remain at US $30-35 million for the 5-year program. The estimated number of personnel necessary to operate and start up MSRC was estimated at 395.
U.S. Regulatory Requirements Under OPA-90
OPA-90 tasked many different agencies of the U.S. government with implementation and regulatory responsibilities, however, none more so than the U.S. Coast Guard. Amongst other things, the U.S. Coast Guard had responsibility for drafting rules to implement Vessel Response Plans (VRPs), Facility Response Plans (FRPs) and Guidelines for Oil Spill Removal Organization (OSRO) Classification Systems. 2 other agencies of the U.S. government also had responsibility for other kinds of facilities, for example the U.S. Department of the Interior under the auspices of the U.S. Minerals Management Service has responsibility for offshore facilities and the U.S. Environmental Protection Agency for onshore facilities that are non-transportation related facilities.
Vessel Response Plans
This rule was established through a negotiated rule-making process in which the U.S. Coast Guard, industry representatives
(response, oil and shipping) and the environmental community developed the rule jointly. The rule
established time frames and capability for response within U.S. waters. The rule requires that any vessel destined
for a U.S. port must file and have approved a vessel response plan by the U.S. Coast Guard (prior to entry into
U.S. waters).
Oil Spill Removal Organization (OSRO) Classification System
The U.S. Coast Guard issued Guidelines in December 1995 to create a voluntary classification system for Oil
Spill Removal Organizations. MSRC, like many response organizations, chooses to participate in this program
since it aids our customers in the writing of their vessel response plans and ultimately the approval of the same.
