OPA 90 - Final rule on increase in limits of liability

The US Coast Guard has adopted without change the interim rule published on 1 July 2009 increasing the limits of liability under the Oil Pollution Act of 1990 (OPA 90) as a final rule. The interim rule established the methodology to be used by the Coast Guard for future adjustments to the OPA 90 limits of liability to cover inflation, and made minor regulatory amendments to clarify applicability of the OPA 90 single-hull tank vessel limits of liability. Further information on the interim rule can be found in Gard News 196 - OPA 90 - Raising the roof.

The final rule comes into force on 5 February 2010. Future adjustments to the limits of liability are scheduled for 2012, and every three years thereafter, although the Coast Guard has the discretion to change these limits more or less frequently depending on the cumulative level of change in the CPI.