Oil Pollution Acts

Introduction

Oil is a resource for energy and the chemical industry, but it needs to be handled with care. It is usually transported from its source in large tanker ships, and occasionally these tankers spill some oil into the sea. The resulting pollution can have severe and long-lasting effects on sea birds and fish. The widespread devastation caused by major oil spills, most notably the disastrous Exxon Valdez spill off the coast of Alaska in 1989, led to legislation on oil pollution.

The United States Oil Pollution Act of 1990 provides a legal framework for the U.S. Environmental Protection Agency (EPA) to do its job of protecting national waters from oil pollution. It covers facilities that handle oil and requires them to take measures to prevent oil from escaping. They also need to have an emergency plan to deal with any spills that do occur.

Historical Background and Scientific Foundations

Every year, 1.5 billion tons (1.3 billion metric tons) of oil are shipped in large tankers, of which around 1% escapes as a spill. The EPA says that there are around 14,000 spills of oil each year in the United States occurring on inland or coastal waters, some of which extend to beaches. There are many ways in which an oil spill may occur. The ship may develop a mechanical fault or crack in its hull that leads to leaking, it may run aground, or oil may be discharged through washing procedures. Sometimes oil is dumped illegally at sea, and oil spills can also be used as an act of war or terrorism. An oil spill can also result from extreme adverse weather conditions such as a hurricane.

One of the most notorious oil spills came from the tanker Amoco Cadiz, which was carrying a cargo from the Persian Gulf to Rotterdam in the Netherlands. At the time it was the largest-ever oil spill. The ship encountered a severe storm in the English Channel and broke up near the coast of Brittany, France, on March 16, 1978. It lost its entire cargo to the water, consisting of 68.7 million gallons (260 million liters) of oil. Around 200 mi (320 km) of the French coastline was contaminated with oil, with fishing and tourism being affected to the cost of around $1 billion.

On March 24, 1989, the Exxon Valdez ran aground on a reef in Prince William Sound in Alaska, creating an 8-mi (13-km) oil slick. Shortly after, the U.S. government passed the Oil Pollution Act of 1990 in an attempt to protect the nation from oil spills. Any facility that stores, processes, transfers, refines, or otherwise handles oil must do everything it can to prevent an oil release from happening. Should a spill occur, despite these precautions, then there must be a response plan to contain and clean up the oil and reduce its impact on the waterway. This is known as an Oil Spill Prevention, Control, and Countermeasure plan. Moreover, owners of a boat that creates an oil spill will have to pay compensation for every ton that escapes into the water. One obvious way of preventing oil spills is to make tankers have a double hull, so that escapes are contained between two layers. All boats in the United States will be required to have a double hull by 2015.

Over recent years, technologies have been developed to help clean up oil pollution and limit the environmental damage it causes. A boom, or physical barrier, is placed around the spill to stop it spreading farther on the water or reaching the beach. Then skimmers, which are special boats or vacuum machines, physically remove the oil into a container. They work best on still waters. Oil dispersants may be sprayed onto the spill from a boat or from a plane. These are chemicals that can break down the oil into tiny droplets, which may then be degraded by marine microorganisms. Environmental legislation will control which chemicals can be put into the ocean as a dispersant. Sometimes the oil is burned off, but this is controversial because it creates air pollution, particularly if there is wind. The method employed will depend on the location of the spill and prevailing tidal and weather conditions.

Oil spilled on a beach is dealt with differently. This type of spill is treated by high-pressure hosing and materials called sorbents that soak up the oil. The affected sand will often be shoveled away. Hand cleaning and ongoing care is necessary for animals, like birds, that have been affected by spilled oil. It is extremely difficult to remove oil from plants and often they have to be destroyed. Bioremediation, which is the use of microorganisms that are known to break down the compounds in oil, may be used for cleaning up the oil over a period of time. All of these remedial actions have to be carried out in accordance to the provisions of the Oil Pollution Act of 1990 or equivalent legislation elsewhere.

Impacts and Issues

The impact of an oil spill can be severe and long-lasting, which is why environmental legislation is needed for prevention and remedy. Clearly, oil pollution on a waterway or beach is unsightly and will hit recreation and tourism, but its effect on marine ecosystems is more serious. Oil is a complex mixture of hydrocarbons. The lighter fractions may evaporate from the surface of the water over a period of time. The heavier fractions that remain are rich in toxic materials called polyaromatic hydrocarbons. Media images of the aftermath of an oil spill often show sea birds covered in oil. Unable to fly because the oil weighs it down, the bird will naturally try to clean itself. Once ingested, the oil may enter the lungs or liver and poison the bird. Oil may also blind a bird so that it cannot see predators. Specialized hand cleaning of the bird in a sanctuary involves removal of the oil from the exte-or and interior of its body. Unless they receive this kind of attention, most sea birds will be killed by an oil spill.

Fish covered in oil may be eaten by whales. The oil then is transferred to the whale’s blowhole and causes it to suffocate. Sea otters and seals are also severely affected by oil spills. The oil blocks the air insulation in their coats and makes them prone to hypothermia. Meanwhile, oil can also poison the plankton and marine invertebrates, having an adverse impact upon the entire marine food web.

Oil spills have a large visual impact upon the general public, both directly or indirectly. Seeing the damage that oil can do to vulnerable wildlife can help people question their use of oil and look to whether they can find ways of reducing their consumption. The less oil is transported, the less the overall environmental impact of spills.

WORDS TO KNOW

BOOM: A physical barrier placed around an oil spill to contain it.

HYDROCARBONS: Molecules composed solely of hydrogen and carbon atoms.

OIL: Liquid petroleum.

PETROLEUM: A deposit formed from the action of high pressure and temperature on the buried remains of organisms from millions of years ago.

Primary Source Connection

The Exxon Valdez spill is considered to be the largest oil spill in American shipping history. The incident acted as a driving force to amend and strengthen the provisions of the original Oil Pollution Act of 1924. These provisions are now incorporated in the Oil Pollution Control Act (OPA) 1990. OPA 1990 is a federal act that defines Valdez and the surrounding areas as an exclusive economic zone. It prohibits and thereby imposes severe liability on discharge of oil into navigable waters in this area. It also establishes liabilities for resulting injuries, and also for loss of natural resources.

The Oil Spill Recovery Institute (OSRI) was established by the U.S. Congress in response to the 1989 Exxon Valdez oil spill. The act identifies the Prince William Sound Science and Technology Institute (known as the PWS Science Center) situated in Cordova, Alaska, as administrator and headquarters for OSRI. The purpose of the institute was to understand the impact of oil spills on the environment, especially the marine ecosystem, to enhance the response ability of rescue teams, to gather information and bring general awareness, and to collaborate with other organizations and take benefit of their research and analytical knowledge.

OIL POLLUTION ACT OF 1990

Section 2731. Oil Spill Recovery Institute

(a) Establishment of Institute

The Secretary of Commerce shall provide for the establishment of a Prince William Sound Oil Spill Recovery Institute (hereinafter in this section referred to as the “Institute”) through the Prince William Sound Science and Technology Institute located in Cordova, Alaska.

(b) Functions

The Institute shall conduct research and carry out educational and demonstration projects designed to:

1. identify and develop the best available techniques, equipment, and materials for dealing with oil spills in the arctic and subarctic marine environment; and
2. complement Federal and State damage assessment efforts and determine, document, assess, and understand the long-range effects of Arctic or Subarctic oil spills on the natural resources of Prince William Sound and its adjacent waters (as generally depicted on the map entitled “EXXON VALDEZ oil spill dated March 1990”), and the environment, the economy, and the lifestyle and well-being of the people who are dependent on them, except that the Institute shall not conduct studies or make recommendations on any matter which is not directly related to Arctic or Subarctic oil spills or the effects thereof.

Section 2732. Terminal and tanker oversight and monitoring

(a) Short title and findings

1. Short title. This section may be cited as the “Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Act of 1990.”
2. Findings. The Congress finds that:
   1. the March 24, 1989, grounding and rupture of the fully loaded oil tanker, the EXXON VALDEZ, spilled 11 million gallons of crude oil in Prince William Sound, an environmentally sensitive area;
   2. many people believe that complacency on the part of the industry and government personnel responsible for monitoring the operation of the Valdez terminal and vessel traffic in Prince William Sound was one of the contributing factors to the EXXON VALDEZ oil spill;
   3. one way to combat this complacency is to nvolve local citizens in the process of preparing, adopting, and revising oil spill contingency plans;
   4. a mechanism should be established which fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals;
   5. such a mechanism presently exists at the Sullom Voe terminal in the Shetland Islands and this terminal should serve as a model for others;
   6. because of the effective partnership that has developed at Sullom Voe, Sullom Voe is considered the safest terminal in Europe;
   7. the present system of regulation and oversight of crude oil terminals in the United States has degenerated into a process of continual mistrust and confrontation;
   8. only when local citizens are involved in the process will the trust develop that is necessary to change the present system from confrontation to consensus;
   9. a pilot program patterned after Sullom Voe should be established in Alaska to further refine the concepts and relationships involved; and
   10. similar programs should eventually be established in other major crude oil terminals in the United States because the recent oil spills in Texas, Delaware, and Rhode Island indicate that the safe transportation of crude oil is a national problem.

(b) Demonstration programs

(1) Establishment. There are established 2 Oil Terminal and Oil Tanker Environmental Oversight and Monitoring Demonstration Programs (hereinafter referred to as “Programs”) to be carried out in the State of Alaska.

(2) Advisory function. The function of these Programs shall be advisory only.

(3) Purpose. The Prince William Sound Program shall be responsible for environmental monitoring of the terminal facilities in Prince William Sound and the crude oil tankers operating in Prince William Sound. The Cook Inlet Program shall be responsible for environmental monitoring of the terminal facilities and crude oiltankers operating in Cook Inlet located South of the latitude at Point Possession and North of the latitude at Amatuli Island, including offshore facilities in Cook Inlet.

With respect to the Cook Inlet Program, the terminal facilities, offshore facilities, or crude oil tanker owners and operators enter into a contract with a voluntary advisory organization to fund that organization on an annual basis and the President annually certifies that the organization fosters the general goals and purposes of this section and is broadly representative of the communities and interests in the vicinity of the terminal facilities and Cook Inlet.

Section 2734. Vessel traffic service system

The Secretary of Transportation shall within one year after August 18, 1990:

1. acquire, install, and operate such additional equipment (which may consist of radar, closed circuit television, satellite tracking systems, or other shipboard dependent surveillance), train and locate such personnel, and issue such final regulations as are necessary to increase the range of the existing VTS system in the Port of Valdez, Alaska, sufficiently to track the locations and movements of tank vessels carrying oil from the Trans-Alaska Pipeline when such vessels are transiting Prince William Sound, Alaska, and to sound an audible alarm when such tankers depart from designated navigation routes; and
2. submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives a report on the feasibility and desirability of instituting positive control of tank vessel movements in Prince William Sound by Coast Guard personnel using the Port of Valdez, Alaska, VTS system, as modified pursuant to paragraph (1).

Section 2735. Equipment and personnel requirements under tank vessel and facility response plans

(a) In general

In addition to the requirements for response plans for vessels established by section 1321(j) of this title, a response plan for a tanker loading cargo at a facility permitted under the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et seq.), and a response plan for such a facility, shall provide for:

1. prepositioned oil spill containment and removal equipment in communities and other strategic locations within the geographic boundaries of Prince William Sound, including escort vessels with skimming capability; barges to receive recovered oil; heavy duty sea boom, pumping, transferring, and lightering equipment; and other appropriate removal equipment for the protection of the environment, including fish hatcheries;
2. the establishment of an oil spill removal organization at appropriate locations in Prince William Sound, consisting of trained personnel in sufficient numbers to immediately remove, to the maximum extent practicable, a worst case discharge or a discharge of 200,000 barrels of oil, whichever is greater;
3. training in oil removal techniques for local residents and individuals engaged in the cultivation or production of fish or fish products in Prince William Sound;
4. practice exercises not less than 2 times per year which test the capacity of the equipment and personnel required under this paragraph; and
5. periodic testing and certification of equipment required under this paragraph, as required by the Secretary.

Section 2737. Limitation

Notwithstanding any other law, tank vessels that have spilled more than 1,000,000 gallons of oil into the marine environment after March 22, 1989, are prohibited from operating on the navigable waters of Prince William Sound, Alaska.

Section 2738. North Pacific Marine Research Institute

(a) Institute established

The Secretary of Commerce shall establish a North Pacific Marine Research Institute (hereafter in this section referred to as the “Institute”) to be administered at the Alaska SeaLife Center by the North Pacific Research Board.

Functions

(a) The Institute shall:

1. conduct research and carry out education and demonstration projects on or relating to the North Pacific marine ecosystem with particular emphasis on marine mammal, sea bird, fish, and shellfish populations in the Bering Sea and Gulf of Alaska including populations located in or near Kenai Fjords National Park and the Alaska Maritime National Wildlife Refuge; and
2. lease, maintain, operate, and upgrade the necessary research equipment and related facilities necessary to conduct such research at the Alaska SeaLife Center.

(f) Availability of research

The Institute shall publish and make available to any person on request the results of all research, educational, and demonstration projects conducted by the Institute. The Institute shall provide a copy of all research, educational, and demonstration projects conducted by the Institute to the National Park Service, the United States Fish and Wildlife Service, and the National Oceanic and Atmospheric Administration.

U.S. Congress

U.S. CONGRESS. “OIL POLLUTION ACT.” 33 U.S.C.A. 40. II, SEC. 2731–8. WASHINGTON, D.C.: U.S. CONGRESS, 1990.

See Also Marine Ecosystems

BIBLIOGRAPHY

Books

Cunningham, W.P., and A. Cunningham. Environmental Science: A Global Concern. New York: McGraw-Hill International Edition, 2008.

Web Sites

U.S. Environmental Protection Agency (EPA). “Oil Program.” http://www.epa.gov/region09/waste/sfund/oilpp (accessed April 21, 2008).

U.S. Environmental Protection Agency (EPA). “Threats from Oil Spills.” http://www.epa.gov/emergencies/content/learning/effects.htm (accessed April 21, 2008).

Susan Aldridge