Coast Guard responds to OPAVERSITY RADM A. E. "Gene" Henn The Oil Pollution Act of 1990 (OPA 90) was signed into law on August 18, 1990. This is the largest single tasking that Congress has ever given the Coast Guard. Although several federal agencies have been required to take regulatory actions, the Coast Guard has been responsible for most OPA 90 efforts, including developing regulations, studies and reports. A major new field command, the National Strike Force Coordination Center, was commissioned in Elizabeth City, North Carolina, on September 3, 1991. Commanded by CAPT Don Jensen, this center coordinates the activities of the three strike teams in the National Strike Force. The center is also responsible for developing and managing a computerized database of spill resources, and designing spill exercises and drills to test and evaluate contingency plans and levels of preparedness. A new division (G-MS), referred to as the OPA 90 staff, was created within the Office of Marine Safety, Security and Environmental Protection in January 1991 to handle most of the Coast Guard OPA 90 projects. Headed by Mr. Norman W. Lemley, the division is staffed by military and civilian personnel, serving as OF MICHIGAN JUN 23 1992 project managers, lawyers, economENGINEERING environmentalists, editors and administrators. The National Pollution Funds Center was also established as a result of OPA 90. Directed by RADM R. A. Appelbaum, this center develops and administers the parts of OPA 90 concerned with vessel financial responsibility and the Oil Spill Liability Trust Fund. Currently, we are conducting approximately 80 projects to meet OPA 90 objectives. Achievements The Coast Guard has made substantial progress in fulfilling OPA 90 requirements. We have published one final rule, six notices of proposed rulemaking and four advance notices of proposed rulemaking in the Federal Register. A number of workshops have been held around the country to help develop regulations. On January 15, 1992, we published a notice announcing the policy on the appointment of area committee members and designating their responsibilities. These committees will be developing area contingency plans preparing for local response to pollution incidents. Continued on page 2 additional measures to minimize pollution of the oceans and rivers of the world. Conclusion The Coast Guard has committed considerable financial and personnel resources to meet the requirements of OPA 90. I am personally committed to fully implementing the provisions of OPA 90 on my watch. As a result of the decisive action Congress took in passing this legislation, I believe we will see permanent improvements in the environment and new technologies to help prevent and respond to oil spills. I hope you will find this special OPA 90 issue of Proceedings interesting and informative. Many of the articles were written by OPA 90 staff members, which should provide valuable insights into first-hand activities under the law. RADM A. E. "Gene" Henn is the chief of the Coast Guard's Office of Marine Safety, Security and Environmental Protection. Telephone: (202) 267-2200. No more "business as usual" By Mr. Jim Bennardo Background Good Friday, 1989, turned out to be anything but good for Exxon Corp., due to what has been termed the worst environmental disaster in United States history. Since then, much has been written about the Exxon Valdez oil spill in Prince William Sound, Alaska, and the consequent major legislation known as OPA 90. Thus far, the Valdez spill has cost Exxon more than $2 billion in clean-up costs, plus a still-controversial settlement with the state of Alaska, currently set at $1.4 billion. The cost to the corporation in terms of its goodwill may be considerably higher. The accident also galvanized Congress into passing OPA 90 unanimously, an impressive feat in its own right. The act's impact on both the regulated petroleum and shipping industries, and on the regulating agencies is going to be substantial. Coast Guard and OPA 90 Although OPA 90 will require regulatory action by several federal agencies, its primary tasks fall to the Coast Guard, which is initiating a vigorous effort to implement OPA 90 requirements. The OPA 90 mandates may look like new initiatives, but they are, in actuality a further step in a continuing, long-term effort. The Coast Guard has been actively involved with many environmental issues regarding tanker safety and pollution prevention for the past 25 years. OPA 90 is the largest single legislative assignment the Coast Guard has ever received. There are approximately 80 separate projects, regulations and studies, both domestic and international in scope, associated with the act. Continued on page 4 OPA 90 has a number of provisions which will profoundly change the way oil is transported in United States waters. The most notable is the increase in liability for companies that handle, store and transport oil. In some cases, such as gross negligence, the shipper's liability is unlimited. This provision alone may cause some shippers to abandon United States markets. The act also establishes the use of a federal trust fund for financing clean-up operations through a 5g/bbl. fee on both imported and domestic oil. It also imposes response planning and execution responsibilities on government entities, as well as the owners and operators of vessels and facilities. Further, the act mandates new prevention measures involving vessel construction and operation. There's more to come. The potential exists for even greater complexity. OPA 90 does not prevent individual states from prescribing their own regulations in certain areas. In fact some states are already enacting legislation similar to OPA 90. But because of the potential for a patchwork of dissimilar requirements that could drive commerce from one state to another, some coastal states have formed a task force to coordinate their regulatory requirements among themselves and with the federal government. Other sections of OPA 90: |