What Is the Oil Pollution Act of 1990 (OPA)?
The Oil Pollution Act of 1990 (OPA) is a major U.S. federal law that strengthens the nation’s ability to prevent, respond to, and compensate for oil spills into U.S. navigable waters and adjoining shorelines. Passed by Congress in the wake of the Exxon Valdez spill, OPA amended the Clean Water Act and created a coordinated federal framework for oil-spill prevention, response, liability, and compensation. Primary administration and enforcement are carried out by the U.S. Coast Guard and the U.S. Environmental Protection Agency (EPA). (See: EPA; U.S. Coast Guard)
Key takeaways
– OPA was enacted to close gaps revealed by major spills (notably Exxon Valdez, 1989) and to build a federal system for prevention, response, liability and compensation. (NOAA; EPA)
– The law imposes strict liability on responsible parties for removal costs and damages from oil spills; cleanup costs can be very large and the responsible party must pay. (U.S. Code; EPA)
– OPA authorizes the Oil Spill Liability Trust Fund (OSLTF) to provide up to $1 billion per spill for removal and uncompensated damages when responsible parties cannot or will not pay; the fund is financed by a petroleum tax. (U.S. Coast Guard; EPA)
– The Coast Guard, EPA and NOAA play distinct roles in response, oversight, damage assessment and scientific support. (U.S. Coast Guard; NOAA)
Background and why OPA was enacted
– Exxon Valdez (March 24, 1989) spilled roughly 11 million gallons of crude into Prince William Sound, impacting about 1,300 miles of coastline and numerous species. The disaster exposed limitations in federal response capability, the narrow scope of compensable damages, and insufficient liability for polluters. (NOAA)
– Congress responded by amending the Clean Water Act with OPA in 1990 to create unified prevention and response rules, higher liability standards, and better funding for response. (EPA; U.S. Code)
What OPA covers — the four pillars
1. Prevention
– Stricter operating and safety standards for vessels and onshore/offshore facilities that handle oil.
– Requirements for vessel and facility response plans (e.g., Vessel Response Plans, Facility Response Plans).
– Phasing in of double-hull requirements for certain tank vessels. (U.S. Coast Guard)
2. Response
– Establishes a federal response framework that coordinates federal, state, local, and responsible-party actions during a spill.
– Designates the National Incident Commander and predefines roles for the Coast Guard and EPA depending on location/type of facility. (U.S. Coast Guard; EPA)
3. Liability
– Imposes strict liability on any “responsible party” (owners/operators) for removal costs and damages resulting from oil pollution.
– Responsible parties are generally required to pay cleanup costs regardless of fault, subject to limited defenses enumerated in the statute. (U.S. Code; EPA)
4. Compensation
– Creates mechanisms for injured parties to recover removal costs and damages, first against the responsible party and, if necessary, from the Oil Spill Liability Trust Fund (OSLTF). (U.S. Code; U.S. Coast Guard)
Who’s involved — primary agencies and roles
– U.S. Coast Guard: Primary federal on-water response authority, vessel inspection and enforcement, oversight of vessel response plans. (U.S. Coast Guard)
– U.S. Environmental Protection Agency (EPA): Lead for onshore facility releases (in certain circumstances), oversight of cleanup actions, enforcement. (EPA)
– National Oceanic and Atmospheric Administration (NOAA): Scientific support, natural resource damage assessment and restoration guidance. (NOAA)
– State and local governments: May have response roles, possess authorities under state law, and can seek damages and restoration.
Liability under OPA — what responsibility means in practice
– Responsible parties (vessel owners, operators, or facility owners/operators) are liable for removal costs and damages incurred as a result of oil spills.
– Claimants should first present claims directly to the responsible party for removal costs and damages. If the responsible party refuses or cannot pay, claimants can bring suit or seek compensation from the OSLTF. (U.S. Code; U.S. Coast Guard)
– OPA tightened previous limits on liability and expanded compensable damage categories (natural resource damages, loss of subsistence use, property damage, lost profits/earning capacity, etc.). (EPA; U.S. Code)
The Oil Spill Liability Trust Fund (OSLTF)
– Established in 1986 (pre-dating OPA) to finance spill removal, damage assessments, and payments where responsible parties are unable or unwilling to pay.
– OPA authorizes up to $1 billion per spill from the Fund for removal and uncompensated damages (subject to statutory and administrative conditions). (U.S. Coast Guard)
– The Fund is primarily financed by a per-barrel tax on petroleum production and imports, among other sources. (U.S. Coast Guard)
Enforcement and penalties
– The Coast Guard and EPA enforce OPA’s prevention and response requirements; violations can result in civil penalties, criminal penalties (for knowing violations), and administrative actions.
– Enforcement is supplemented by citizen suits in some circumstances under environmental statutes. (U.S. Code; EPA)
Practical steps — what to do before, during and after a spill
The following steps are grouped by stakeholder so they are actionable.
For vessel owners/operators and facility operators (prevention & compliance)
1. Develop and maintain required response plans (Vessel Response Plans, Facility Response Plans). Keep them updated and exercise them regularly.
2. Conduct risk assessments and implement safety/maintenance programs to reduce likelihood of spills.
3. Follow Coast Guard and EPA regulations for inspections, crew training, and equipment readiness.
4. Ensure financial responsibility: obtain required evidence of financial responsibility (insurance, guaranties) demonstrating ability to pay for potential cleanup and damages.
5. Use prevention best practices (navigation aids, qualified pilots, double-hull designs where required). (U.S. Coast Guard; EPA)
For emergency responders and local governments (preparedness & response)
1. Establish local incident command structures and integrate with federal unified command during an event.
2. Keep lists of qualified contractors, equipment, and access routes for rapid mobilization.
3. Coordinate with NOAA for trajectory modeling and natural-resource impact estimation.
4. Maintain communication plans to inform affected communities and manage media. (U.S. Coast Guard; NOAA)
For businesses and individuals affected by a spill (immediate actions & claims)
1. Prioritize safety: follow instructions from response authorities and avoid contaminated areas.
2. Document damages carefully: photos, receipts, logs of lost income, and other evidence of injury or expense.
3. File a claim first with the responsible party—present clear documentation of removal costs and damages.
4. If the responsible party refuses or is unable to pay, file a claim with the Oil Spill Liability Trust Fund or pursue litigation. Keep copies of all correspondence. (U.S. Coast Guard; U.S. Code)
For natural resource trustees and restoration agencies
1. Conduct formal Natural Resource Damage Assessments (NRDA) in coordination with federal and state trustees.
2. Develop restoration plans that restore, replace or acquire the equivalent of injured resources.
3. Seek compensation from responsible parties or the OSLTF when appropriate. (NOAA; EPA)
Step‑by‑step: Filing a claim for removal costs or damages
1. Identify the responsible party (vessel owner/operator or facility owner/operator).
2. Gather documentation: incident reports, photos, receipts for cleanup expenses, contracts, proof of lost income, medical records if applicable.
3. Present a written claim to the responsible party with supporting documentation and a deadline for response.
4. If the responsible party denies or fails to respond, consult counsel and submit a claim to the OSLTF (follow the Coast Guard/EPA claim procedures) or initiate suit in the appropriate federal court. (U.S. Code; U.S. Coast Guard)
Limitations and special considerations
– OPA provides strict liability but also contains specific statutory defenses for responsible parties only in narrowly defined circumstances (e.g., act of war). These defenses are limited.
– The OSLTF is a powerful backstop but use of the Fund involves administrative processes and may require proving that the responsible party is unable/unwilling to pay. (U.S. Code; U.S. Coast Guard)
Practical prevention checklist (concise)
– Maintain and test response plans.
– Maintain required insurance/financial responsibility instruments.
– Train personnel and exercise spill drills.
– Keep response equipment ready and contractors pre‑identified.
– Coordinate with federal, state, and local agencies before an incident. (U.S. Coast Guard; EPA)
Conclusion
The Oil Pollution Act of 1990 transformed U.S. oil-spill law by creating stronger prevention standards, a clear federal response framework, strict liability for responsible parties, and the Oil Spill Liability Trust Fund to ensure prompt payment for removal and some uncompensated damages. For operators, the law means ongoing responsibilities for safety, planning, and financial assurance; for responders and the public it provides a clearer path to rapid cleanup and compensation when spills occur. Understanding and following OPA’s prevention, preparedness, and claims procedures reduces environmental harm and speeds recovery when incidents happen.
References and further reading
– United States Environmental Protection Agency. “Summary of the Oil Pollution Act.” Accessed Sept. 23, 2021.
– United States Coast Guard. “Oil Pollution Act of 1990 (OPA).” Accessed Sept. 23, 2021.
– United States Coast Guard. “The Oil Spill Liability Trust Fund (OSLTF).” Accessed Sept. 23, 2021.
– United States Code. “33 USC Ch. 40: Oil Pollution.” Accessed Sept. 23, 2021.
– National Oceanic and Atmospheric Administration. “Exxon Valdez.” Accessed Sept. 23, 2021.
– National Oceanic and Atmospheric Administration. “Deepwater Horizon.” Accessed Sept. 23, 2021.
If you’d like, I can:
– Provide a printable checklist tailored for vessel operators or coastal municipalities.
– Summarize the specific statutory language in 33 U.S.C. Chapter 40 relevant to liability and defenses.
– Walk through a sample claim form and evidence checklist for a small business filing for lost earnings.