Evolving spill management systems under OPA 90 could reduce response effectiveness

Compliance with the provisions of the Oil Pollution Act of 1990 (OPA 90) and several recently passed state spill laws requires major commitments of time and dollars from industry, government, and taxpayers. Most of this effort has gone into purchase of more response equipment by oil companies, cleanup cooperatives, the new Marine Spill Response Corporation (MSRC), and government agencies. Government and industry are also committed to increased research and development programs. These efforts have placed the means at hand to improve our ability to respond to spills. It is now time to consider management systems used during spill emergencies. Systems that are evolving under OPA 90 and state spill laws may actually delay the decision-making process and the implementation of effective response during the critical emergency phase of a spill event. Legal issues associated with Natural Resource Damage Assessment could hamper the response by reducing communication and teamwork among responders. These issues should be recognized and addressed in the National Oil and Hazardous Substances Pollution Contingency Plan and Area Contingency Plans developed under OPA 90. This paper also provides a model for making decisions concerning oil spill response