If you are in the listed statesterritories and would like to enroll, email the 340b prime vendor program or call 18883402787. Oil pollution act of 1990 interim claims regulations the enclosed is the body of the text that was supplied to the federal register by commandant. The us has increased the liability limits under opa90. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so. The definitions in subsection a of section 311 of the fwpca and section 1001 of opa 90 33 u. Understanding the work and rest hours requirements on. The coast guard and the federal onscene coordinator, in direct violation of the opa 90 and the corresponding regulations, are permitting a n extremely highrisk salvage plan. Opa nrda regulations noaas damage assessment remediation. International maritime organization imo international safety management ism code marpol all annexes vessel classification societies 33 cfr navigation and navigable waters 46 cr shipping opa90 regulations are becoming more fragmented as states and local jurisdictions impose.
The 340b program enables covered entities to stretch scarce federal resources as far as possible, reaching more eligible patients and providing more comprehensive services. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. Section 4202 of the oil pollution act of 1990 opa 90 amended subsection j of section 311 of the federal water pollution control act fwpca 33 u. Thankfully after manila amendments to stcw code, the stcw 2010 requirements are made in line with the mlc requirements. References on working hours prepared 7122004 by captain greiner. Ceiling price and manufacturer civil monetary penalties final rule. You may need a pdf reader to view some of the files on this page. Opa 90 amended the clean water act and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the united states. Department of health and human services published a final rule in the federal register that revises the regulations governing the title x family planning program. Now, all we need to worry about is to comply with one requirement and others will be complied automatically. Coast guard issued a ruling to amend regulatory requirements under the oil pollution act of 1990 and the comprehensive environmental response, compensation and liability act, for vessel operators to establish and maintain evidence of financial responsibility. Created by the national contingency plan, title 40 of the code of federal regulations, part 3000 ncp, the national response center is charged with receiving notifications of all chemical, radiological, oil, and biological releases regulated by the cwa, as amended by opa 90.
Oil pollution act of 1990 united states coast guard. Nov 15, 2011 opa 90 repealed this portion of ocsla title iii, but expressly provided that certain regulations created under title iii should remain in place until repealed, amended, or superseded. Coast guard seeks comments regarding opa 90 claims procedures. This provision is implemented by regulations promulgated by the us coast guard. Under opa 90, each responsible party for vessels, onshore facilities, deepwater ports, and other offshore facilities is strictly liable, jointly and severally, for removal costs and damages resulting from pollution incidents up to their limits to liability, with certain exceptions. Morgan introduction n the environmental frenzy which followed 1989s 10. The act significantly increased federal oversight of maritime oil transportation, while providing. After 90 days, the claimant may either present its claim to the oil spill liability trust fund osltf administered by the government or file suit against the responsible party. Doublehull tanker legislation the national academies press. Ceiling price and manufacturer civil monetary penalties final rule pdf 289 kb 01052017.
As part of this system, area committees have been established for each area designated by the president. These periodic adjustments are required by law in order to reflect significant increases in. Dec 30, 2017 opa 90 requirements for work and rest hours. The claim was submitted within the six year period to file. Opa 90 limits of liability vessels, deepwater ports and onshore facilities 33 cfr subpart b opa 90 limits of liability. The program requirements document and related source materials are currently being updated to reflect the revised regulations. The miller environmental group training institute combines certified training professionals, with years of teaching experience and seasoned handson instructors bringing practical, real world approaches to training. The uscg recently published a final rule establishing increased limits under the oil pollution act of 1990.
Federal register oil pollution act of 1990 phaseout. On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Eschewing existing domestic and international oil spill liability schemes, congress drafted tough new requirements for. The claim is not settled by any person by payment within 90 days after the date upon. Coast guard seeks comments regarding opa 90 claims. Opa 90 limits of liability vessels, deepwater ports and onshore facilities. On july 1, 1994, epa finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worstcase discharge of oil subpart d. The opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim. Under sections 311d and 311j of the clean water act cwa, as amended by section 4201 of the oil pollution act of 1990 opa, public law 1080, the president is directed to prepare and publish the national oil and hazardous substances pollution contingency plan ncp for removal of oil and hazardous substances. On 19 november 2015 the us coast guard published a final rule increasing the liability limits for vessels, deepwater ports and onshore facilities under the oil pollution act of 1990 opa 90. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal governments ability, and provide the money and people necessary, to respond to.
Dec 01, 2015 the us has increased the liability limits under opa90. The coast guard is promulgating this rule pursuant to the provisions of title i of opa, executive order 12777, as amended, and coast guard regulations in title 33 of the code of federal regulations cfr part 8, subpart bopa 90 limits of liability vessels, deepwater ports and onshore facilities. Dec 08, 2015 the opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim. The claim was submitted within the six year period to file claims. Completion of the exercises described in the prep guidelines is one option for maintaining compliance with opa 90. Section 7, which makes the cargo owner a responsible party under opa 90 in the event of an oil spill from a single hull tank vessel, is effective after december 31, 2010. On a tanker, a licensed individual or seaman may not be permitted to work more than 15 hours in any 24 hour period, or more than 36. Title x i would like info on i would like info on learn more about these annual funding opportunities to support family planning and adolescent pregnancy prevention and care programs. This act may be cited as the oil pollution act of 1990.
National service center for environmental publications nscep search. Opa 90, which addressed both of these deficiencies. Opa 90 also requires owners and operators of evidence sufficient financial responsibility to cover potential liabilities under opa 90. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regulations resulted in a farreaching change in the design of tank vessels. The effect of environmental regulations on maersk line and. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage, requires specific operating procedures. Coast guard issues final rule raising opa 90 liability. Lawsuit alleges almost certain environmental catastrophe.
The program requirements for title x funded family planning projects were. Trend in oil spills before and after opa 90 are highlighted in the section oil spills a decade later. Opa 90 repealed this portion of ocsla title iii, but expressly provided that certain regulations created under title iii should remain in place until repealed, amended, or superseded. The goal of the oil pollution act of 1990 opa, 33 u. Oil pollution act opa and federal facilities us epa. Section 912, which limits the liability of vessel owneroperators and other people who use or authorize force to defend a us vessel against pirates is effective upon. Understanding the work and rest hours requirements on ships. These regulations were issued pursuant to section 21j5 of the federal water pollution control act fwpca, as amended by the oil pollution act of 1990 opa 90. This subpart sets forth the limits of liability for vessels and deepwater ports under section 1004 of the oil pollution act of 1990, as amended 33 u. In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. Opa 90 includes a separate provision regarding the requirement for a vessel over 300 gross tons to establish and maintain evidence of financial responsibility to meet the maximum amount of liability to which it may be subject in the event of an oil pollution incident. The opa 90 timetable for double hull requirements for single hull tank vessels is set out in 33 cfr part 157, appendix g. The passage of the oil pollution act of 1990 opa 90 by the u.
Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in 1978 marpol 7378resulted in a farreaching change in the design of tank vessels. The qi or alternate must be available on a 24hour basis and be able to arrive at the facility in a reasonable time. Federal register consumer price index adjustments of. Sep 07, 2018 title x family planning clinics play a critical role in ensuring access to a broad range of family planning and preventive health services. For the regulations implementing opa natural resource damage assessment and restoration activities conducted for discharges of oil, see 15 cfr 990.
Under opa, the term claim means a request, made in writing for a sum certain, for compensation for damages or removal costs resulting from an oil spill incident. The program requirements for title x funded family planning. In addition, the coast guard is requesting background information and cost data as it is developing a supplemental notice of proposed rulemaking snprm that will propose amendments to. Coast guard published a final rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the oil pollution act of 1990 opa 90. Opa 90 provisions and the benefitcost analysis of major regulations that congress charged us coast guard and epa to issue are presented in the section the oil pollution act of 1990. Oil pollution act of 1990 opa louisiana oil spill coordinators. Financial responsibility for water pollution vessels and opa 90 limits of liability vessels, deepwater ports and onshore facilities subpart b. The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and respond to catastrophic oil spills.
The opa requires oil storage facilities and vessels to submit to the federal. Dec 15, 2015 the opa requires that all claims first must be presented to the responsible party, which then has 90 days to pay or reject the claim. Congress and subsequent modifications of international maritime regulationsnamely, the addition of regulations f and g to the international convention for the prevention of pollution from ships, adopted in 1973 and amended in. Fifth circuit clarifies claim presentment requirements under. Oil pollution act of 1990 opa united states coast guard.
New limits of liability under opa 90 come into effect on december 21, 2015. A balance of classroom work and field exercises provides a full learning experience for the student. Under the oil pollution act of 1990 opa 90, all facility and vessel response plans must identify a qualified individual qi and at least one alternate who meets the requirements of these sections of the cfr. Federal register consumer price index adjustments of oil. Donjonsmits motion for injunctive relief and brief in support thereof is being filed simultaneously with this complaint. Fifth circuit clarifies claim presentment requirements. Among other provisions, opa limits certain liabilities of a responsible party in connection with discharges of oil into such areas. At the heart of the matter is the oil pollution act of 1990. Opa 90 complexities and recent legislative developments. Delegation of authority under title iii, part d, section 340bd1bvi of the public health service act phsa pdf 168 kb 01052017. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. The raise in liability limits also increases the amount of financial responsibility that vessels ownersoperators are required to maintain and provide evidence of to operate in the united states.
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