March 20 th, 2014 National Pollution Funds Center and the Oil Spill Liability Trust Fund Update for the Spill Control Association of America 1

NPFC Missions Provide funding for oil removal activities –USCG and EPA FOSCs Recover costs from responsible parties Pay claims for Removal Costs and Damages from oil discharges; in compliance with Regulations and OPA Administer the Certificate of Financial Responsibility (COFR) Program 2

Oil Spill Liability Trust Fund (OSLTF) Established by the Oil Pollution Act of 1990 (OPA 90) Pay removal costs and damages from oil spills or threats of spills into/on U.S. navigable waters/EEZ Agency appropriations (CG, EPA, DOI, DOT) to carry out OPA programs, ~ $115M in annually 3

Taxes - $427.6M Interest $17.3M Fines $402.4M Recovery from RPs $125.3M Agency Appropriations $81.6M FOSC Removal Actions (Emergency Fund) $95.4M Claims $85.2M Fund: Emergency Fund :

OSLTF Claims Compensate Claimants when RP doesn’t pay Claims must be presented to RP first Statute of Limitations for Claims Compensate RP that establishes OPA defense or limit to liability 5

OSLTF Claims Workload Claims (non-NRD) pending at NPFC: –Non-DWH claims portfolio - 80 claims ($141M) Claims over the life of the Fund –14,337 for over $2.7B. –Of that, 2028 for $1.3B were Deepwater Currently involved in 4 Active Litigations for $115M 6

OSRO Claim Status 7 Payment rate: 85%.

Addressing the 15% Denied Lack of FOSC coordination: –NCP Consistency –States are not FOSCs –NRC Notification triggers the FOSC –Proper Disposal Need manifests Need tests if evidence of more than oil –Keep good notes on direction/requirements from FOSC's & States. 8

Addressing the 15% Denied Scope of work –Salvage Versus Removal –Removal Versus Remediation –Oil versus Hazardous Sample Analysis –Disaster verses OPA Discreet oil release & response. –Not mixed 9

Addressing the 15% Denied Subrogable Rights- –Claimant must have clear rights and have uncompensated removal costs. –Stiffed sub-contractors Primes don't hold the uncompensated rights –Mandatory Arbitration Clause May Preclude Payment –Litigation to Include Bankruptcy May Preclude Payment 10

Financial Risk Mitigation Strategies Call NRC Get hired by the FOSC Be careful for arbitration clauses Think what an FOSC would do? Think jurisdiction (oil, U.S. waters, discharge or threat). Document

Closing Comments OSROs are a key component of the U.S. Oil Spill regime and an important NPFC customer. FOSCs rely on the services you provide. Spills and claims are fact specific. Documentation is the key. If in doubt about a potential future claim you may call –Donna Hellberg –Tom Morrison Questions? 12