OPA liability limits increased in US

The US Coast Guard has issued increased the OPA 90 limits of liability for ships, deep water ports and onshore facilities to reflect the increase in the US Consumer Price Index (CPI).

Effective November 12th the new limits of liability for tank vessels, other than edible oil tank vessels and oil spill response vessels, are:

Source category Previous limit Increase in the annual CPI–U New limit
(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  6.1% 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. 6.1% 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. 6.1% 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. 6.1% The greater of $2,300 per gross ton or $4,985,900.
(2) The OPA 90 limits of liability for any vessel other than a vessel listed in subparagraph (a)(1) of § 138.230, including for any edible oil tank vessel and any oil spill response, vessels The greater of $1,100 per gross ton or $939,800. 6.1% The greater of $1,200 per gross ton or $997,100.

The increases reflect inflation in line with the CPI and are reported to be necessary to preserve the deterrent effect and “polluter pays” principle in OPA 90. The Final Rule also establishes a simplified procedure for USCG to make future periodic CPI increases, which should be done not less than every three years.

http://www.nepia.com/media/1037071/OPA-limits-2019-17234.pdf