1998 Year of the Ocean The U.S. Marine Transportation System 



of discharged oil. OPA consolidates several existing oil spill response fiinds into the Oil Spill 

 Liability Trust Fund (Trust Fund), resulting in a $1 -billion fund to be used to respond to, and 

 provide compensation for damages caused by, discharges of oil. In addition, OPA provides new 

 requirements of response planning by both government and industry and establishes new 

 construction, manning, and licensing requirements for tank vessels. OPA also increases penalties 

 for regulatory noncompliance and broadens the response and enforcement authorities of the federal 

 government. 



Title I of OPA contains liability provisions governing oil spills modeled after the Comprehensive 

 Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601 et seq., 

 and section 311 of the CWA. Specifically, section 1002(a) of OPA provides that the responsible 

 party for a vessel or facility from which oil is discharged, or which poses a substantial threat of a 

 discharge, is liable for: 



certain specified damages resulting from the discharged oil; and 



removal costs incurred in a manner consistent with the National Contingency Plan. 



The scope of damages for which there may be liability under section 1002 of OPA includes: 



natural resource damages, including the reasonable costs of assessing these damages; 



loss of subsistence use of natural resources; 



real or personal property damages; 



net loss of tax and other revenues; 



loss of profits or earning capacity; and 



net cost of additional public services provided during or after removal actions. 



Organotin Anti-Fouling Paint Control Act of 1988 . 33 U.S.C. §§ 2401 et seq. 



Organotin biocides are added to paints to protect the bottom of boats from encrusting organism 

 buildup. Because organotin has been shown to be toxic, it may pose unreasonable risks to marine 

 and freshwater organisms. The Act's purpose is to protect the aquatic environment by reducing the 

 quantities of organotin entering the waters of the United States. The Environmental Protection 

 Agency (EPA) is primarily responsible for the administration and enforcement of this statute. 



The Act generally prohibits boats less than 25 meters in length from using anti-fouling paint 

 containing organotin. Aluminum hulls and lower drive shaft units of marine engines (outboard 

 motors) are excepted from this Act and allowed to use this paint. Penalties are available for 

 violations. The EPA, in consultation with the National Oceanic and Atmospheric Administration, is 

 directed to monitor the ecological effects of organotin in estuaries and coastal waters for ten years 

 beginning in 1988. 



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