Background - CI_16450

The Oil Pollution Act of 1990 (OPA 90) amended section 311(j) of the Federal Water

Pollution Control Act (FWPCA) to require the preparation and submission of oil spill

response plans by the owners or operators of certain facilities and vessels as identified in

references (a) and (b). It also requires that the vessel or facility be operated in compliance

with its its submitted response plan. Failure to have submitted a response plan, and to have

received approval of that plan or authorization from the Coast Guard to operate in

accordance with the submitted plan, results in the prohibition of that vessel or facility from

the handling, storing, or transporting of oil. An Interim Final Rule was published in the

Federal Register on 5 February 1993 setting forth the vessel and facility response plan

requirements and identifying the classes of vessels and facilities to which the requirements

apply.

The Act to Prevent Pollution From Ships was amended to incorporate the requirements

regarding SOPEPs of Annex I of the International Convention for the Prevention of

Pollution from Ship 1973, as modified by the Protocol of 1978, as amended (MARPOL

73/78). Reference (c) contains the implementing regulations. These rules became

effective on 4 April 1993 for new vessels and on 4 April 1995 for existing vessels. In

general, all oil tankers of 150 gross tons and above and all other ships 400 gross tons and

above must carry on board an approved SOPEP.

Questions regarding implementation of the rules for implementation and enforcement of

vessel and facility response plan requirements should be directed to Commandant (G-

MEP-2) at (202) 267-2611 and for enforcement to Commandant (G-MEP-1) at (202) 267-

6714.

FACILITY RESPONSE PLAN (FRP) RECEIPT AND REVIEW.

Reference (b) requires that the owner or operator of a "substantial harm" or "significant

and substantial harm" facility, as defined in reference (b), submit a response plan to the

local COTP. Section 4202(b)(4)(B) of OPA 90 precludes a facility from handling, storing,

or transporting oil unless a response plan has been submitted to the Coast Guard.

"Significant and substantial harm" facilities are further required to have their plans

approved by the Coast Guard. For all marine transportation-related facilities, reviews and

approvals will be done by the local COTP.

Federal and other government facilities are not exempt from the requirements of the

FWPCA, including the requirements for FRP. (33 U.S.C.1323)