![]() Section 1019 of OPA authorizes states to enforce, on the navigable waters of the state, the requirements for evidence of financial responsibility under OPA §1016. Criminal fines may be imposed for violations of OPA under CWA §309. Individual employees of federal facilities may have criminal sanctions brought against them for violations of OPA. The typical compliance agreement contains several provisions including schedules for achieving compliance and dispute resolution. Typically, EPA will negotiate a compliance agreement with a federal agency in violation of OPA. Supporting maritime vessel activities or other water-related activities where fuels are used.ĮPA’s enforcement authorities for OPA violations reside in CWA §311(e) and §311(c).Transferring oil by using motor vehicles or rolling stocks.Storing or handling petroleum, fuel oil, sludge oil, and oil mixed with waste.Federal facility activities subject to OPA requirements include: In addition, OPA requires certain facilities to develop response plans for responding to worst-case discharges of oil and hazardous substances. OPA requires EPA to amend the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to enhance and expand procedures for oil spill response. ![]() ![]() Ensuring employees have required trainingĪpplication of Oil Pollution Prevention Regulation to Federal Facilities.Notifying federal, state, and local agencies in case of an incident.Periodically performing mock spill response drills.Maintaining required records/documentation.Developing and updating the facility’s oil spill emergency response plans.Federal Facility Responsibilities Under the Oil Pollution Prevention Program On July 1, 1994, EPA finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worst-case discharge of oil (Subpart D). In 1990, the Oil Pollution Act (OPA) amended the Clean Water Act to require some oil storage facilities to prepare Facility Response Plans (FRP). To prevent oil from reaching navigable waters and adjoining shorelines, and to contain discharges of oil, the regulation requires these facilities to develop and implement Spill Prevention, Control, and Countermeasure (SPCC) Plans and establishes procedures, methods, and equipment requirements (Subparts A, B, and C). Originally published in 1973 under the authority of §311 of the Clean Water Act, the Oil Pollution Prevention regulation sets forth requirements for prevention of, preparedness for, and response to oil discharges at specific non-transportation-related facilities. Application of Oil Pollution Prevention Regulation to Federal Facilities.Federal Facility Responsibilities Under the Oil Pollution Prevention Program.
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