In response to recent oil spills by rail and pipeline as well as a report by DOT’s Office of Inspector General criticizing PHMSA oversight of state pipeline safety programs, states are becoming increasingly active in oil spill response and oil transportation safety.  Under the Oil Pollution Act of 1990 (OPA), state spill response regulations may exceed federal requirements.  33 U.S.C. 2718 (stating that OPA does not preempt a State’s imposition of additional liability or requirements regarding oil releases within the State or any removal activities associated with a release).  Some states, including California, Washington, Oregon, and Alaska, already impose additional spill response requirements.

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