Oil Pollution Act and SPCC Regulations

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Questions and Answers

What legal doctrine does the Oil Pollution Act utilize to ensure accountability for oil spills?

Consequential liability

Vicarious liability

Strict liability (correct)

Negligence liability

What is the purpose of the trust fund created by the Oil Pollution Act?

To reimburse oil companies for cleanup costs

To provide compensation for affected parties

To finance cleanup when responsible parties are unable to do so (correct)

To support the construction of new oil storage facilities

Which federal agency is responsible for publishing regulations for oil tankers under the Oil Pollution Act?

Coast Guard (correct)

FEMA

EPA

OSHA

What disaster prompted the implementation of the Oil Pollution Act?

Exxon Valdez oil spill Signup and view all the answers

What do the Spill Prevention Control and Countermeasure (SPCC) regulations require?

Zero discharges of oil or hazardous substances into navigable waters Signup and view all the answers

Why were amendments to the Oil Pollution Prevention Regulation proposed after the Floreffe oil spill?

To enhance response plans for worst-case scenarios Signup and view all the answers

When did the EPA finalize the revisions requiring facility owners to prepare response plans?

1994 Signup and view all the answers

What is required from oil storage facilities and vessels under the Oil Pollution Act?

Submission of emergency response plans to the Federal government Signup and view all the answers

What were the compliance dates for the amendments to the Oil Pollution Prevention Regulation that became final in 2002?

2011 with an extension for farms until 2013 Signup and view all the answers

What is the primary focus of Area Contingency Plans as required by the Oil Pollution Act?

Coordinating regional responses for oil spill incidents Signup and view all the answers

Which storage capacity of oil products exemptions applies to the SPCC plan?

Facilities with less than 42,000 gallons underground or 1,320 gallons above ground Signup and view all the answers

What is one of the key purposes of an SPCC plan?

To prevent oil spills into navigable waters Signup and view all the answers

What must be included in an SPCC plan regarding spill control measures?

Measures for spill control by containment structures Signup and view all the answers

Who is required to certify an SPCC plan?

A registered professional engineer Signup and view all the answers

How often must facilities conduct training related to oil handling according to the SPCC guidelines?

At least once a year Signup and view all the answers

What aspect of the SPCC plan must be reviewed and potentially revised before its five-year anniversary?

The plan must be reviewed within 90 days Signup and view all the answers

What is a required procedure within the SPCC plan concerning spill events?

Notification requirements for spill events Signup and view all the answers

Which of the following is NOT mentioned as a requirement of the SPCC plan?

Replacement of all storage containers every year Signup and view all the answers

What must happen to amendments made to the SPCC plan?

They must be certified by a registered professional engineer Signup and view all the answers

What is required in the SPCC plan regarding personnel during a spill?

Commitment of personnel to respond to a spill Signup and view all the answers

Study Notes

Oil Pollution Act (OPA)

Direct response to the Exxon Valdez oil spill in 1989
Federal liability scheme for vessels and facilities releasing oil in US waters
"Strict liability" doctrine holds responsible parties liable for damages regardless of fault
Creates a trust fund financed by a tax on oil for cleanup when responsible parties are unable or unwilling to act
Requires oil storage facilities and vessels to submit response plans to the Federal government
Requires development of Area Contingency Plans for regional oil spill response
Coast Guard regulations for oil tankers, and EPA regulations for aboveground storage facilities

Spill Prevention Control and Countermeasure Requirements

Section 311 of the Clean Water Act (CWA) prohibits oil and hazardous substance discharges into navigable US waters, adjoining shorelines, or the contiguous zone
Different zones are defined in the diagram by the document

SPCC Regulations

Oil Pollution Act Amendments of 1990 required some oil storage facilities to develop Facility Response Plans
EPA finalized revisions in 1994, requiring plans for worst-case oil discharges
Revisions following the 1988 Floreffe and 1989 Exxon Valdez spills, finalized in 2002, with compliance dates in 2011 but eventually extended for farms until 2013

SPCC Plan

Addresses storage of oil in containers 55 gallons or larger, potentially reaching waterways
Facilities with less than 42,000 gallons of underground oil, or 1,320 gallons above ground are exempt
A written document outlining how a facility prevents, contains, and cleans up oil spills
Purpose is to prevent oil spills reaching navigable waters or adjoining shorelines
The plan should include assessments of spill quantities, pathways reach surface waters, spill control measures, response procedures and personnel, notification requirements, procedures for disposal of spilled materials, and contingency planning
Plan must be reviewed within 90 days of a five-year anniversary of preparation
Amendments must be certified by a registered professional engineer
Facilities must conduct annual training for staff on handling oil/petroleum and response to discharges

Homework

None

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Description

This quiz covers the Oil Pollution Act (OPA), which was enacted in response to the Exxon Valdez oil spill of 1989. It focuses on federal liability for oil spills, the creation of trust funds for cleanup efforts, and regulations for the prevention and control of oil discharges under the Clean Water Act. Understanding these regulations is crucial for effective environmental protection.