Adjustment of the US OPA 90 limits
The US Congress recently passed the Coast Guard and Maritime Transportation Act of 2006 which increases the limits for oil spill liability under OPA 90 for the first time since the legislation became effective. The new law substantially increases the limits of liability for oil removal costs and damages that result from discharges or substatial threats of discharge of oil from vessels.
The USCG National Pollution Funds Center (NPFC) issued an updated set of Frequently Asked Questions (FAQ) that includes a detailed explanation of the new OPA 90 limits on liability.
Two items are of particular interest;
(1) the amended limits for tank vessels will come into effect for an oil discharge or substantial threat of a discharge that occurs on or after October 9, while the amended limits for any other vessel came into effect on July 11; and
(2) the existing certificates of financial responsibility (COFRs) will remain in effect until the financial responsibility regulations are amended.
The schedule below shows the original and amended limits.
| If the vessel is a … | The original limit | And the amended |
| Tank vessel greater than 3,000 gross tons with a single hull, double sides only, or double bottom only | USD 1,200 per gross ton or USD 10,000,000 | USD 3,000 per gross ton or USD 22,000,000 |
| Tank vessel less than or equal to 3,000 gross tons with a single hull, double sides only, or double bottom only | USD 1,200 per gross ton or USD 2,000,000 | USD 3,000 per gross ton or USD 6,000,000 |
| Tank vessel greater than 3,000 gross tons with a double hull | USD 1,200 per gross ton or USD 10,000,000 | USD 1,900 per gross ton or USD 16,000,000 |
| Tank vessel less than or equal to 3,000 gross tons with a double hull | USD 1,200 per gross ton or USD 2,000,000 | USD 1,900 per gross ton or USD 4,000,000 |
| Any vessel other than a tank vessel | USD 600 per gross ton or USD 500,000 | USD 950 per gross ton or USD 800,000 |