Oil Spill Prevention and Response Improvement Act

TABLE OF CONTENTS:

Title I: Enhancement of Oil Spill Prevention

Title II: Improvement of Responses to Oil Spills

Oil Spill Prevention and Response Improvement Act - Title I: Enhancement of Oil Spill Prevention - Amends the Oil Pollution Act of 1990 (OPA) to deem effective as final rules, if they do not become effective by specified dates, certain rules proposed by the Secretary of Transportation regarding operational and structural standards applicable to tank vessels over 5,000 gross tons without double hulls. Adds provisions regarding operational safety of single-hull barges and minimum under-keel clearances of tank vessels without double bottoms for entering or departing port.

(Sec. 102) Makes applicable otherwise inapplicable limitations of liability, where the incident was proximately caused by a violation of a Federal safety, construction, or operating regulation, to a responsible party in the case of a vessel that is either: (1) equipped with a double hull as of enactment of this Act; or (2) one that is double-hulled and replacing a single-hulled vessel at least five years prior to the required retirement date.

(Sec. 103) Deems effective as a final rule, if it does not become effective by a specified date, a proposed rule on navigation safety equipment for towing vessels. Directs the Secretary to require by rule a fire suppression system or fire suppression equipment aboard such vessels.

(Sec. 104) Requires a study with the National Research Council into how the designation of shipping lanes and waters through which tankers transport oil affects the risk of an oil spill.

Directs the Secretary to include in oil and hazardous material lighterage regulations requirements of environmental protection that is as substantial as is economically and technologically feasible.

Title II: Improvement of Responses to Oil Spills - Amends OPA to provide, with respect to oil pollution damages resulting from loss of profits or earning capacity, that: (1) recovery may be partial; and (2) payment of interim, short-term damages representing less than the full amount to which the claimant may be entitled does not preclude recovery of damages not reflected in the paid or settled partial claim. Makes related revisions to procedures for making claims, advertising, and subrogation.

(Sec. 202) Amends the Federal Water Pollution Control Act (FWPCA) to require the President to issue guidance for Area Committees (under the oil and hazardous substance National Response System) for use in advance planning and decision making regarding closing and reopening of fishing grounds. Modifies provisions concerning State and local cooperation and the contents of Area Contingency Plans to include these considerations.

(Sec. 203) Adds to exceptions from appropriation Act limitations amounts made available from the Oil Spill Liability Trust Fund for: (1) conducting (current law refers to "initiation") the assessment of natural resources damages; and (2) development of initial phases of implementation of restoration plans.

(Sec. 204) Makes the Fund available for payment of costs to mitigate ecological injury. Amends FWPCA to require Area Contingency Plans to compile lists of expert local scientists to provide information or participate in a scientific support team convened in response to an oil spill. Amends OPA to require the Secretary to establish a process to convene such a team immediately in response to a spill.

Requires the Interagency Coordinating Committee on Oil Pollution Research to disseminate and compile information on previous spills. Amends FWPCA to require the National Response Unit to maintain and keep in a form readily transmittable to response teams information on the environmental effects of various types of spills and how best to mitigate them.

(Sec. 205) Revises FWPCA standards for compliance by owners or operators cooperating in removal actions to allow deviation from the response plan only if this would result in a more expeditious or effective response.