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—. |
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| (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.
