New Limits of Liability under OPA 90 come into effect on November 12, 2019.
The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990. The increases are based on increases in the U.S. Consumer Price Index (CPI). The new limits embody the act’s ‘polluter pays’ principle while preserving the financial deterrent.
Revised liability limits:
Source category
Previous limit of liability
New limit of liability
(1) The OPA 90 limits of liability for tank vessels, other than
edible oil tank vessels and oil spill response vessels, are—.
(i) For a single-hull tank vessel greater than 3,000 gross tons .
The greater of $3,500 per
gross ton or $25,845,600.
The greater of $3,700 per
gross ton or $27,422,200.
(ii) For a tank vessel greater than 3,000 gross tons, other
than a single-hull tank vessel.
The greater of $2,200 per
gross ton or $18,796,800.
The greater of $2,300 per
gross ton or $19,943,400
(iii) For a single-hull tank vessel less than or equal to 3,000 gross tons.
The greater of $3,500 per
gross ton or $7,048,800
The greater of $3,700 per
gross ton or $7,478,800.
(iv) For a tank vessel less than or equal to 3,000 gross tons,
other than a single-hull tank vessel.
The greater of $2,200 per
gross ton or $4,699,200.
The greater of $2,300 per
gross ton or $4,985,900.
(2) The OPA 90 limits of liability for any other vessel, including for any edible oil tank vessel and any oil spill response vessel, are—
The greater of $1,100 per
gross ton or $939,800.
The greater of $1,200 per
gross ton or $997,100.
If you have any questions regarding the impact of OPA 90 or your obligations when operating in the US, please contact Dr Chao Wu.
The Oil Pollution Act of 1990 established rigorous regulatory and liability controls to protect and clean up the marine environment from oil spills, including extensive provision to prevent the circumstances under which oil spills occur.
Some US states have introduced additional state specific ballast water management requirements for vessels calling at ports in those states. The Club has summarised the main additional requirements for some of these states for our Members' reference and guidance.
