Title: Oil Pollution Act Overview | US Environmental Protection Agency
Headings: Oil Pollution Act Overview
Oil Pollution Act Overview
Overview
Key Provisions of the Oil Pollution Act
For More Information

Content: The Federal government has the authority to adjust, by regulation, the $350 million liability limit established for onshore facilities. §1016 Offshore facilities are required to 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 amount. Claims for removal costs and damages may be asserted directly against the guarantor providing evidence of financial responsibility. §1018 (a) The Clean Water 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. §1019 States have the authority to enforce, on the navigable waters of the State, OPA 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 National Contingency Plan (NCP). §4202 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 for responding to a worst case discharge or a substantial threat of such a discharge; and (3) providing requirements for spill removal equipment and periodic inspections.