News 23 Feb, 2023

Increase in limits of liability under OPA 90

Erin Walton

Assistant Corporate Director

From 23 March 2023 the limits of liability applicable for ship-sourced oil spills in the United States OPA 90 will increase.

Download PDF

In line with the requirement under OPA 90 for the United States Coast Guard to review the limits of liability not less than every three years to reflect inflation, it has been announced that as from 23 March 2023 the limits for vessels will increase as follows:

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 $3,700 per gross ton or $27,422,200
The greater of $4,000 per gross ton or $29,591,300
(ii) For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel
The greater of $2,300 per gross ton or $19,943,400
The greater of $2,500 per gross ton or $21,521,000
(iii) For a single-hull tank vessel less than or equal to 3,000 gross tons
The greater of $3,700 per gross ton or $7,478,800
The greater of $4,000 per gross ton or $8,070,400.
(iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel
The greater of $2,300 per gross ton or $4,985,900
The greater of $2,500 per gross ton or $5,380,300
(2) The OPA 90 limits of liability for any vessel other than a vessel listed above, including for any edible oil tank vessel and any oil spill response, vessel, are:
The greater of $1,200 per gross ton or $997,100
The greater of $1,300 per gross ton or $1,076,000

Members with any questions about these limits or any other aspect of oil pollution liability or pollution response in the United States should contact the Managers.

*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 $3,700 per gross ton or $27,422,200	The greater of $4,000 per gross ton or $29,591,300
(ii) For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel	The greater of $2,300 per gross ton or $19,943,400	The greater of $2,500 per gross ton or $21,521,000
(iii) For a single-hull tank vessel less than or equal to 3,000 gross tons	The greater of $3,700 per gross ton or $7,478,800	The greater of $4,000 per gross ton or $8,070,400.
(iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel	The greater of $2,300 per gross ton or $4,985,900	The greater of $2,500 per gross ton or $5,380,300
(2) The OPA 90 limits of liability for any vessel other than a vessel listed above, including for any edible oil tank vessel and any oil spill response, vessel, are:	The greater of $1,200 per gross ton or $997,100	The greater of $1,300 per gross ton or $1,076,000