U.S. Coast Guard

Oil Pollution Act Liability Limits 

in 2022 

Report to Congress 

September 15, 2023 
Foreword 

September 15, 2023 

I am pleased to present the following report, “Oil Pollution Act Liability 

Limits in 2022,” prepared by the U.S. Coast Guard. 

The Coast Guard and Maritime Transportation Act of 2006 directs the 

submission of an analysis of the extent to which oil discharges from vessels 

and non-vessel sources have, or are likely to result in, removal costs and 

damages for which no defense to liability exists and that exceed the 

established liability limits. 

Pursuant to congressional requirements, this report is provided to the 

following Members of Congress: 

The Honorable Maria Cantwell 

Chair, Senate Committee on Commerce, Science, and Transportation 

The Honorable Ted Cruz 

Ranking Member, Senate Committee on Commerce, Science, and Transportation 

The Honorable Sam Graves 

Chairman, House Committee on Transportation and Infrastructure 

The Honorable Rick Larsen 

Ranking Member, House Committee on Transportation and Infrastructure. 

I would be pleased to answer any questions you may have, or your staff may contact my Senate 

Liaison Office at (202) 224-2913 or House Liaison Office at (202) 225-4775. 

Sincerely, 

Linda L. Fagan 

Admiral, U.S. Coast Guard 

Commandant 
i 

Oil Pollution Act Liability Limits in 2022 

Table of Contents 

I. Legislative Language ........................................................................................................1

II. Background .......................................................................................................................2

III. Analysis of Discharges .....................................................................................................3

IV. Impacts on the Fund ..........................................................................................................9

A. Historical Impact .........................................................................................................9

B. Impact from Claims ..................................................................................................10

C. Recent Trends ...........................................................................................................10

V. Findings with Respect to Further Liability Limit Adjustments ......................................12

A. Future Year Fund Outlook ........................................................................................12

B. Further Liability Limit Adjustments .........................................................................13

Appendix A: Incidents Exceeding Liability Limits by Vessel Type .....................................17

Appendix B: Incidents Exceeding Liability Limits by Incident Date ...................................20

Appendix C: Incidents Exceeding Liability Limits with Limits to Achieve 50 Percent 

Cost Share ........................................................................................................26

Appendix D: Abbreviations ...................................................................................................29
1

I. Legislative Language 

This report responds to the language set forth in section 603(c) of the Coast Guard and Maritime 

Transportation Act of 2006 (Pub. L. 109-241), as amended by section 601(b) of the Coast Guard 

Authorization Act of 2016 (Pub. L. 114-120), which states: 

 

SEC. 603. LIMITS ON LIABILITY. 

(c) REPORT.— 

(1) Initial Report. – Not later than 45 days after the date of enactment of this 

Act, the Secretary of the department in which the Coast Guard is operating shall 

submit a report on liability limits described in paragraph (2) to the Committee 

on Commerce, Science, and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives. 

(2) Contents. – The report shall include, at a minimum, the following: 

(A) An analysis of the extent to which oil discharges from vessels and 

nonvessel sources have or are likely to result in removal costs and damages 

(as defined in section 1001 of the Oil Pollution Act of 1990 

(33 U.S.C. § 2701)) for which no defense to liability exists under section 

1003 of such Act and that exceed the liability limits established in section 

1004 of such Act, as amended by this section. 

(B) An analysis of the impacts that claims against the Oil Spill Liability 

Trust Fund for amounts exceeding such liability limits will have on the 

Fund. 

(C) Based on analyses under this paragraph and taking into account 

other factors impacting the Fund, recommendations on whether the liability 

limits need to be adjusted in order to prevent the principal of the Fund from 

declining to levels that are likely to be insufficient to cover expected claims. 

(3) Annual Updates. – The Secretary shall provide an update of the report 

to the Committees referred to in paragraph (1) not later than January 30 of the 

year following each year in which occurs an oil discharge from a vessel or 

nonvessel source that results or is likely to result in removal costs and damages 

(as those terms are defined in section 1001 of the Oil Pollution Act of 1990 (33 

U.S.C. § 2701)) that exceed liability limits established under section 1004 of 

the Oil Pollution Act of 1990 (33 U.S.C. § 2704). 
2

II. Background 

The Oil Pollution Act of 1990 (OPA) was enacted in the wake of the T/V Exxon Valdez oil spill 

to promote measures for prevention of oil spills on navigable waters, adjoining shorelines, and 

the exclusive economic zone. It provides a robust federal response to spills, increases polluter 

liability (Responsible Parties (RPs)) for such spills, and provides for compensation to third 

parties who incurred removal costs and damages as a result of these spills. 

The OPA provides that RPs are strictly liable for removal costs and damages resulting from a 

discharge up to statutory liability limits. In general, RPs are liable without limit for discharge 

resulting from gross negligence, willful misconduct, or a violation of operation, safety, or 

construction regulations (OPA § 1004 (33 U.S.C. § 2704)). 

In 1986, Congress established within the Treasury of the United States, the Oil Spill Liability 

Trust Fund (the Fund);1

 however, it was not until after the 1989 Exxon Valdez oil spill that, under 

the OPA, Congress transferred monies into the Fund and authorized its use. The National 

Pollution Funds Center (NPFC) was created and delegated authority by the Commandant, via redelegations of authority vested in the Secretary of the department in which the Coast Guard was 

operating at the time, to manage the Fund. The Fund plays a critical role in the OPA regime. It 

pays federal costs for oil removal when a discharge occurs and reimburses third-party claims for 

uncompensated removal costs and damages when a RP does not pay or is not identified. 

The types of damages compensable under the OPA include damages to natural resources, loss of 

subsistence use of natural resources, damages to real or personal property, loss of profits or 

earning capacity, loss of government revenues, and increased cost of public services. In 

addition, the Fund is an important source of annual appropriations to various federal agencies 

responsible for administering and enforcing a wide range of oil pollution prevention and 

response programs addressed in the OPA (OPA § 1012 (33 U.S.C. § 2712)). 

Specific to this report, the Fund is available, as provided by the OPA, to pay claims for removal 

costs and damages resulting from an oil discharge that exceeds a RP’s liability limits. This 

includes payment of claims from RPs who pay or incur removal costs or damages more than 

their liability limits and can establish their entitlement to the limits under the circumstances of 

the discharge (OPA § 1008 (33 U.S.C. § 2708)). 

Claims to the Fund are payable only from the Fund, and payments are limited by the available 

balance. For any single discharge incident, the Fund is authorized to pay no more than $1 

billion, of which no more than $500 million may be paid for natural resource damages (OPA § 

9001(c) (26 U.S.C. § 9509)). 

Pursuant to section 603 of the Coast Guard and Maritime Transportation Act of 2006, liability 

limits for vessel discharges were substantially increased. In that same section, Congress 

requested this analysis and report. 

 

1

 Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99-509) 
3

III. Analysis of Discharges 

This section provides an analysis of the extent to which oil discharges from non-vessel and 

vessel sources have resulted, or are likely to result, in removal costs and damages, as defined in 

the OPA, that exceed liability limits established in the OPA, as amended by the Coast Guard and 

Maritime Transportation Act of 2006.

2

A. Non-vessel Sources 

When the liability limits under the OPA apply, RPs for an offshore facility will be liable for all 

removal costs plus up to $137.7 million for damages with respect to each incident.3 The OPA 

mandates that the liability limit be increased periodically to reflect increases in the Consumer 

Price Index. After the May 1, 2022 data analysis snapshot for this report, the U.S. Department of 

the Interior’s (DOI) Bureau of Ocean Energy Management adjusted the limit of liability on April 

14, 2023, from the $137.7 million set in 2018 to $167.8 million, which is the maximum increase 

that may be implemented absent new legislation.4 5 

The incident involving the DEEPWATER HORIZON drilling rig and its Macondo Prospect well 

(DEEPWATER HORIZON incident) in the Gulf of Mexico, which began in April 2010, was an 

unprecedented environmental disaster that resulted in billions of dollars in damages, far 

exceeding the statutory liability limit for an offshore facility. In response to this incident, on 

May 12, 2010, the Obama Administration proposed raising the limitation of liability for all RPs, 

including those responsible for offshore facilities.6 BP, one of DEEPWATER HORIZON’s RPs, 

estimated that the cost of the incident totaled $65 billion. 

In addition to the DEEPWATER HORIZON incident, in 2004, an oil leak from a TAYLOR 

ENERGY oil platform commenced, with oil collection efforts commencing in 2019 and still 

ongoing. On March 17, 2022, the U.S. Department of Justice announced completion of a 

settlement agreement with TAYLOR ENERGY. TAYLOR ENERGY will transfer $432 million 

to the U.S. Department of the Interior Bureau of Ocean Energy Management to plug remaining 

seafloor oil wells. TAYLOR ENERGY will also pay $12.8 million to the U.S. Coast Guard to 

reimburse past costs, $15 million to a Clean Water Act civil penalty, and $16.5 million to 

Natural Resource Damages to help compensate the public for losses to natural resources caused 

by the spill. 

As the background data for all offshore incidents since the enactment of the OPA show, the 

DEEPWATER HORIZON and TAYLOR ENERGY incidents are not typical of historical 

offshore facility incidents, although they have resulted in significant costs, far exceeding the 

current statutory limits. 

 

2

 The cut off date for the data used in the analysis for this report is May 1. 2022. 

3

 The limit of liability for offshore facilities stated here is the value occurring on May 1, 2022, which is the cutoff 

date for this report’s analysis. 

4

 See 88 Fed. Reg. 22910 (April 14, 2023). 

5

 DOI’s 2023 adjustment to the limit of liability for offshore facilities will be reflected in the analysis of offshore 

facilities in next year’s report update. 

6

 See 33 U.S.C. § 2701(32)(C). 
4

With respect to offshore facility incidents (other than the incidents involving the DEEPWATER 

HORIZON incident and the TAYLOR ENERGY incident), the best available data indicate that 

there have been 60 incidents since enactment of the OPA resulting in removal costs and damages 

(6 Mobile Offshore Drilling Units and 54 Offshore Platforms).7

 Figure 1 shows the frequency of 

these incidents by year and facility type. 

Figure 1: Number of Offshore Facility Incidents by Year and Facility Type 

(Excludes 2010 DEEPWATER HORIZON and TAYLOR ENERGY Oil Spills)

Figure 2 shows total incident costs for each incident. 

Figure 2: Total Incident Cost of Offshore Facility Incidents by Facility Type 

(2022 Dollars / Excludes DEEPWATER HORIZON and TAYLOR ENERGY Oil Spills) 

7

 These numbers do not include the DEEPWATER HORIZON incident nor the TAYLOR ENERGY incident, as these 

incidents are catastrophic incidents not typical of historical offshore facility incidents. 

0

2

4

6

8

10

12

Drilling Rig Offshore Platform
5

DOI is recommending Congress increase the liability limit so that RPs are assured of paying a 

greater share of potential economic damages to injured parties in case of a very large offshore oil 

spill. Increasing the liability limit is consistent with the recommendations of the National 

Commission on the BP Deepwater Horizon Oil Spill in their January 2011 report to the 

President.8

 A higher offshore facility limit will increase the incentives for companies to operate 

safely and more fully incorporate liability into their deepwater drilling decisions. DOI and the 

Coast Guard look forward to working with Congress to identify appropriate increased limits. 

For incidents involving discharges from onshore facilities, the OPA limit of liability is 

$672,514,900 per incident, inclusive of both removal costs and damages.9 The 2010 

ENBRIDGE ENERGY PARTNERS LAKEHEAD LINE 6B pipeline oil spill in Michigan is the 

sole onshore facility incident that reportedly resulted in removal costs and damages that exceed 

the onshore facility liability limit. 

ENBRIDGE ENERGY PARTNERS reported costs of $1.2 billion resulting from its pipeline 

spill. As the background data for all onshore facility incidents since the enactment of the OPA 

show, the ENBRIDGE ENERGY PARTNERS LAKEHEAD LINE 6B discharge is a 

catastrophic incident not typical of historical onshore facility incidents. There are no other 

onshore facility incidents that approach the $672,514,900 limit under existing law. 

With respect to onshore facility incidents (other than the incident involving the ENBRIDGE 

pipeline), best available data indicate there were 5,395 incidents since the enactment of the OPA. 

Figure 3 shows the frequency of these incidents by year. 

Figure 3: Number of Onshore Facility Incidents by Year 

(Excludes 2010 ENBRIDGE Pipeline Oil Spill) 

8

 United States. National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. (2011). Deep 

water: the Gulf oil disaster and the future of offshore drilling: report to the President. [Washington, D.C.]: National 

Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. 

9

 33 U.S.C. § 2704 (a)(4) and 33 C.F.R. § 138.230. The onshore facility limit of liability is subject to adjustment by 

regulatory action to reflect significant increases in the Consumer Price Index under 33 U.S.C. § 2704(d)(4) and may 

also be adjusted for risk under 33 U.S.C. § 2704(d)(1). 
6

Figure 4 shows total incident cost of the five most expensive onshore facility incidents per year. 

As depicted, the highest cost incident, at approximately $49.7 million (in 2022 dollars), does not 

meet the statutory $672,514,900 limit of liability. 

Figure 4: Total Incident Cost of the Five Most Expensive Onshore Facility Incidents per Year 

(2022 Dollars / Excludes 2010 ENBRIDGE Pipeline Oil Spill) 

B. Vessel Sources 

After adjusting for inflation, the OPA provides the following liability limits for vessels, inclusive 

of both removal costs and damages:10

(1) For a single-hull tank vessel greater than 3,000 gross tons, the greater of $3,700 

per gross ton or $27,422,200. 

(2) 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. 

(3) For a single-hull vessel less than or equal to 3,000 gross tons, the greater of 

$3,700 per gross ton or $7,478,800. 

(4) 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. 

(5) For any other vessel, the greater of $1,200 per gross ton or $997,000. 

The best available data indicate 90 oil discharges from vessels resulted in removal costs and 

damages exceeding amended liability limits. The data were updated to incorporate new incidents 

and reflect revised estimates of costs and damages associated with previously reported 

incidents.11,12 Discharge incidents are listed by vessel type in Appendix A and by incident date 

in Appendix B. 

 

10 33 C.F.R. § 138.230. 

11 References throughout this report to data for the year 2022 are partial year data ending on May 1, 2022. 

12 We note that, under 46 U.S.C. § 3703a, it is illegal to operate “single hull” tank vessels in U.S. waters, with the 

exception of those vessels described under 46 U.S.C. § 3703a(b)(4), as of January 1, 2015. The OPA, however, still 

specifies limits of liability for these vessels. Therefore, we continue to discuss the single hull tank vessel limits of 

liability in this report. 
7

Figure 5 depicts the number of such discharges per year. The elevated total for 1999 is the result 

of a hurricane in American Samoa, resulting in oil discharges from eight damaged fishing 

vessels. The figure illustrates the variance in numbers of incidents from year to year. 

Figure 5: Number of Incidents Exceeding Limits of Liability 

Figure 6 shows a breakdown of these 90 incidents by vessel type. Fishing vessels account for 

32.2 percent of historic incidents resulting in damages in excess of the liability limits, while 

cargo and other self-propelled non-tank vessels represent 53.3 percent of incidents. Single hull 

and double hull tank barges represent 8.9 percent and 3.3 percent, respectively. Single hull tank 

ships account for only 2.2 percent of such discharges.13 There are no double hull tank ship 

incidents among the 90 incidents. 

Figure 6: Number of Incidents Exceeding Limits of Liability by Vessel Type 

 

13 Percentages do not add up to 100% due to rounding. 
8

Figure 7 shows total removal costs and damages from these incidents by vessel type. Total costs 

in excess of liability limits for cargo/other self-propelled vessel (SPV) discharges were the 

highest. Total costs for single hull tank ship and tank barge discharges that exceed liability 

limits were also significant. Per discharge costs from single hull tank ship incidents are the 

highest (approximately $244.9 million) considering the quantities of oil these vessels carry. Per 

discharge costs for all tank barges are also substantial (approximately $85.6 million). Larger 

cargo vessels also carry enough fuel to result in costly discharges (approximately $23.2 million 

per incident). The small size and limited quantities of oil characteristic of most fishing vessel 

incidents generally account for lower total costs of such discharges (approximately $3.1 million), 

shown here and in more detail in Appendix A. 

Total removal costs and damages for these discharges since enactment of the OPA is 

approximately $2.6 billion. 

Figure 7: Total Incident Costs by Vessel Type 

 

$0

$200,000,000

$400,000,000

$600,000,000

$800,000,000

$1,000,000,000

$1,200,000,000

Single Hull

Tank Ship

Double Hull

Tank Ship

Single Hull

Tank Barge

Double Hull

Tank Barge

Cargo/ Other

Self-Propelled

Vessel

Fishing Vessel
9

IV. Impacts on the Fund 

This section provides an analysis of the impacts on the Fund resulting from claims against the 

Fund for vessel incidents in which costs and damages exceed liability limits.14 

A. Historical Impact 

As indicated in Figure 8, the Fund’s financial obligation in cases where removal costs and 

damages exceed liability limits (listed in Appendix A) is substantial despite liability limit 

amendments. The top portion of the bar for each vessel type represents the Fund’s share of the 

risk (exceeding applicable liability limit). The bottom portion of the bar for each vessel type 

represents RP risk (RP liability limit based on gross tonnage or minimum limit as applicable for 

each discharge). 

Figure 8: RP vs. Fund Share of Total Incident Costs under Current Limits by Vessel Type 

14 As discussed above, historically, with the exception of the DEEPWATER HORIZON incident and ENBRIDGE

data points, only vessel incidents had total incident costs that exceeded limits of liability. Therefore, facilities are 

not included in the discussion of RP and Fund risk cost sharing. 

$0

$200,000,000

$400,000,000

$600,000,000

$800,000,000

$1,000,000,000

$1,200,000,000

Single Hull

Tank Ship

Double Hull

Tank Ship

Single Hull

Tank Barge

Double Hull

Tank Barge

Cargo/ Other

Self-Propelled

Vessel

Fishing Vessel

Fund Share RP Share

57%

43%

75%

25%

38%

62%

64%

36%

91%

9%
10

Of the approximately $2.6 billion in estimated removal costs and damages from these incidents 

over the last 31 years, the Fund’s share of costs totals approximately $1.8 billion (68 percent). 

This amount represents a maximum potential impact on Fund risk resulting solely from 

application of liability limit levels. While the rate of such incidents is difficult to predict and may 

vary widely from year-to-year (as indicated by Figure 5), risk to the Fund is expressed broadly as 

an annual cost of approximately $57.9 million (total costs of $1.8 billion over 31 years) in excess 

of amended limits in 2022 dollars. 

B. Impact from Claims 

Over the past 31 years, the NPFC paid over $1 billion to claimants in connection with OPA 

incidents. Of this total, $462.0 million (or 45 percent) was paid in respect to circumstances where 

removal costs and damages exceeded applicable liability limit amounts (Figure 9). These “limit 

of liability” payments include those made directly to RPs for removal costs and damages they 

paid or incurred in excess of liability limits, as well as third-party claims paid by the Fund 

because the RP spent up to its limit of liability. 

Figure 10 shows that of the $61.0 million in claims under adjudication as of May 1, 2022, $59.9 

million (or 98 percent of the total dollars) are pending claims by RPs who incurred incident costs 

exceeding their liability limits or claims by third parties where incident costs exceeded the 

liability limits. 

Figure 9: Total Claims Paid Figure 10: Total Pending Claims 

C. Recent Trends 

Potential Fund impacts resulting from payments to RPs, third parties for claims, and response 

costs where vessel incident costs exceeded the RPs’ limits of liability vary substantially from 

year to year, but averaged approximately $57.9 million per year over the past 31 years. While 

the potential impact is significant, it is also useful to note that the available data show a 

continued trend for disproportionate Fund risk as compared to what the RP pays toward the cost 

of the incident. 

 
11

As illustrated in Figure 11 and Appendix B, the Fund share of the risk for discharges that result 

in estimated removal costs and claims that exceed liability limits has consistently exceeded 60 

percent of total incident costs. 

Figure 11: RP vs. Fund Share of Total Incident Costs 

The nine cent per barrel tax on oil that is an important revenue source for the Fund was reinstated 

by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), which amended 26 U.S.C. § 

4611 (f) and extended the Fund tax until December 31, 2025. Based on current revenue and 

expenditure projections, the NPFC forecasts that the Fund should maintain liquidity beyond 2028 

(see Figure 12).

Changing energy trends may also impact Fund costs. Though the ENBRIDGE ENERGY 

PARTNERS LAKEHEAD LINE 6B pipeline incident is an outlier within the historic data set, 

the oil spilled—diluted bitumen—is known to sink in water, raising response costs. Similarly, 

challenges of responding to an Arctic oil spill, from either a vessel or non-vessel source, are also 

likely to incur higher Fund costs. Costs associated with preparedness, response mobilization, 

natural resource assessment, and recovery are often higher in extreme cold climates.

 

$0

$200,000,000

$400,000,000

$600,000,000

$800,000,000

$1,000,000,000

$1,200,000,000

$1,400,000,000

$1,600,000,000

$1,800,000,000

$2,000,000,000

1990-2005 2006-2022

Fund Share

RP Share

67%

33%

70%

30%
12

V. Findings with Respect to Further Liability Limit 

Adjustments 

This section discusses findings, based on historical trends and analyses, and taking into account 

other factors impacting the Fund, on whether the liability limits need to be adjusted in order to 

prevent the principal of the Fund from declining to levels that are likely to be insufficient to 

cover expected claims. 

A. Future Year Fund Outlook 

The NPFC anticipates the Fund will cover its projected non-catastrophic liabilities, including 

claims, without further increases to liability limits. 

Figure 12 projects the end of year balance of the Fund through 2028 based on estimated revenues 

and expenditures (no adjustment for inflation): 

Figure 12: Fund Forecast Balance (Millions of Dollars) 

Notably, several classes of Fund expenditures are independent of revisions to the limits of 

liability, such as federal removal costs and annual appropriations. The Fund provides resources 

to the federal government to respond to oil discharges (federal removal costs) and to compensate 

claimants for their removal costs and damages when a RP cannot be identified, does not respond, 

or does not compensate claimants. See OPA § 1012(a)(1), (4) (33 U.S.C. § 2712(a)(1), (4)). The 

Fund also pays when recourse against RPs is not available, such as when a RP declares 

bankruptcy or cannot be identified. 

Fund revenues are generally independent of revisions to the limits of liability. The primary 

source of revenue is an excise tax on oil. Revenue also includes interest earned on Treasury 

Securities held by the Fund, successful cost recoveries, and fines and penalties. The Fund 

Forecast follows Office of Management and Budget guidance and uses Treasury’s Office of Tax 
13

Analysis excise tax projections and semi-annual Economic Assumptions for Trust Fund interest 

rates. Cost recovery and fines/penalty revenue follow historical data patterns and are much less 

predictable over time. 

Congress annually appropriates resources from the Fund to various agencies responsible for 

administering and enforcing the OPA and provisions of the Federal Water Pollution Control Act

(see OPA § 1012(a)(5) (33 U.S.C. § 2712(a)(5))). Administrative and enforcement costs that are 

not allocable to a specific oil discharge are not recoverable from liable RPs. 

Figure 13 shows total Fund expenses in recent years for agency appropriations, federal removal 

costs, and claims for removal costs and damages, of which claims resulting from incident-related 

costs exceeding the limits of liability is a subset. 

Figure 13: Total Fund Expenditures (Thousands of Dollars) 

Figure 13 illustrates that from 2017 through 2021, federal removal costs and claims payments for 

which RPs may be liable represented only a portion of annual expenditures from the Fund. This 

graph displays all costs for vessel or facility discharges. Roughly half of the removal costs in 

Figure 13 are for onshore and offshore facility discharges. 

With respect to the Fund expenses for removal costs and claims allocable to vessel spills, the 

Fund frequently pays when an RP is unknown. In these cases, liability limits have no impact on 

Fund risk. Vessel and facility liability limits will affect the Fund only to the extent RPs are 

available and can pay. 

B. Further Liability Limit Adjustments 

Adjustments to liability limits help more equitably divide liabilities between the Fund and RPs. 

The OPA is founded on the “polluter pays” principle. At the same time, the OPA may limit a 

polluter’s liability to pay for clean-up of spills. As previously noted, on May 12, 2010, the 

Obama Administration proposed raising the limitation on liability for all RPs, including RPs for 

activities other than offshore drilling activities (such as shipping). The occurrence of the 

DEEPWATER HORIZON and TAYLOR ENERGY incidents show the possibility of low 

probability but high consequence offshore facility incidents that have the potential to exceed the 
14

current limit of liability. The DOI and Coast Guard will work with Congress to determine if, and 

to what extent, increases to this limit are required to ensure that RPs pay the appropriate portion 

of incident costs. This analysis also indicates establishing different liability limits for non-tank 

vessels, including fishing, cargo, and other SPVs, by tonnage (i.e., greater than 300 gross tons 

and less than or equal to 300 gross tons) would provide more equitable limits on smaller vessels. 

Figure 8 demonstrates that for vessel discharges where removal costs and damages exceed current 

liability limits, the Fund bears most of the cost even if every RP is available and pays to its limit. 

Figure 14 illustrates how further adjustments to limits of liability per gross ton might achieve an 

equal sharing of that risk between RPs and the Fund. The bottom portion of the bar represents the 

RP risk at the current limits of liability based on gross tonnage or minimum limits as applicable 

for each discharge. The middle portion represents additional costs RPs would pay if additional 

limits were applied, which would leave the Fund covering 50 percent of total incident costs (the 

top portion of each bar). 

Figure 14: Gross Tonnage Limits of Liability for 50 Percent Cost Share 

For example, to split the estimated clean-up costs evenly between the Fund and vessel operators, 

liability limits for single hull tank ships would increase to $4,300 per gross ton, single hull tank 

barges to $9,100 per gross ton, double hull tank barges to $14,300 per gross ton, non-tank vessels 

greater than 300 gross tons to $1,600 per gross ton, and non-tank vessels less than or equal to 

300 gross tons to $7,100 per gross ton. 
15

Figure 15 indicates the minimum amount a RP is expected to pay for an incident (based on 

average historical costs of incidents by vessel type in 2022 dollars) if the limits of liability were 

adjusted so that costs were shared evenly between the RP and the Fund. 

Figure 15: Minimum Liability Limits for 50 Percent Cost Share 

Figure 16 summarizes the 50 percent cost share limits and minimums and compares them to the 

current limits. Appendix C illustrates how these limits would protect the Fund from paying most 

of the total incident cost when applied to the 90 incidents discussed earlier. The current limits 

distinguish between single hull tank vessels, double hull tank vessels, and non-tank (other) 

vessels. As discussed in Section II, however, analysis suggests subdividing these categories as 

follows: categories of Tank Ship and Tank Barge are addressed separately as subsets of single 

and double hull Tank Vessel, and the Non-Tank Vessel category is divided between vessels 

greater than 300 gross tons and vessels less than or equal to 300 gross tons.15

15 The comparative results for single and double hull tank barges may appear incongruous at first glance. While 

double hull vessels may be safer and less likely to spill oil, the data show that a catastrophic discharge from a double 

hull tank barge can be just as expensive as one from a single hull tank barge. 

$0

$25,000,000

$50,000,000

$75,000,000

$100,000,000

$125,000,000

$150,000,000

$175,000,000

$200,000,000

$225,000,000

$250,000,000

$275,000,000

Single Hull Tank

Ship

Double Hull

Tank Ship

Single Hull Tank

Barge

Double Hull

Tank Barge

Non-Tank Vessel

> 300 gross tons

Non-Tank Vessel

< or = 300 gross

tons

Fund Share after 50% Cost Share

(Average/Vessel)

Increased RP Share if 50% (Average/Vessel)

RP Share at Current Limits (Average/Vessel))

Minimum

Limit:

$122.4 M

Minimum

Limit:

$37.1 M 

Minimum

Limit:

$1.3 M

Minimum

Limit:

$19.9 M

Minimum

Limit:

$57.9 M
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

16 

Figure 16: Limits of Liability under the OPA 

If the vessel is a. . . The limits of liability are the greater of: But to achieve an 

of liability would to: 

Tank Ship 

With a single hull, double sides only, or double bottom only 

Greater than 3,000 gross tons: $3,700 per gross ton or $27,422,200 Less than or equal to 3,000 gross tons: $3,700 per gross ton or $7,478,800 

$4,300 per gross to

With a double hull 

Greater than 3,000 gross tons: $2,300 per gross ton or $19,943,400 Less than or equal to 3,000 gross tons: $2,300 per gross ton or $4,985,900 

No data16

Tank Barge 

With a single hull, double sides only, or double bottom only 

Greater than 3,000 gross tons: $3,700 per gross ton or $27,422,200 Less than or equal to 3,000 gross tons: $3,700 per gross ton or $7,478,800 

$9,100 per gross to

With a double hull 

Greater than 3,000 gross tons: $2,300 per gross ton or $19,943,400 Less than or equal to 3,000 gross tons: $2,300 per gross ton or $4,985,900 

$14,300 per gross 

Non-Tank Vessel Greater than 300 gross tons $1,200 per gross ton or $997,100 $1,600 per gross to

Less than or equal to 300 gross tons $1,200 per gross ton or $997,100 $7,100 per gross to

16 There have been no historical double hull tank ship incidents that have met criteria for inclusion in this report. 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

17 

Appendix A: Incidents Exceeding Liability Limits by Vessel Type Vessel Type: Tank Ship (Single Hull) 

Vessel Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability Fu

Expo

T/V JULIE N 1996 ME 18,500 $52,601,200 1.87 $98,364,000 $68,365,000 $29,99T/V ATHOS I 2004 NJ 37,900 $252,502,200 1.55 $391,378,000 $140,212,000 $251,1Total $489,743,000 $208,576,000 $281,1

Vessel Type: Tank Barge (Single Hull) 

T/B VISTABELLA 1991 PR 1,100 $5,740,000 2.16 $12,398,000 $7,479,000 $4,92T/B (TAMPA BAY COLLISION) 1993 FL 9,300 $68,900,000 2.03 $139,867,000 $34,269,000 $105,5T/B MORRIS J. BERMAN 1994 PR 5,400 $95,488,300 1.98 $189,067,000 $27,422,000 $161,6M/V SCANDIA & T/B NORTH CAPE 1996 RI 5,500 $49,000,000 1.87 $91,630,000 $27,422,000 $64,20T/B BUFFALO #292 1996 TX 1,500 $15,864,400 1.87 $29,666,000 $7,479,000 $22,1T/B B NO. 120 2003 MA 6,900 $59,261,100 1.59 $94,225,000 $27,422,000 $66,80T/B EMC 423 2005 IL 1,400 $10,188,600 1.50 $15,283,000 $7,479,000 $7,80BOSTON 30 2012 NY 1,600 $17,167,900 1.27 $21,803,000 $7,479,000 $14,32Total $593,940,000 $146,451,000 $447,4

Vessel Type: Tank Barge (Double Hull) 

T/B DBL 152 2005 LA 9,700 $51,556,200 1.50 $77,334,000 $22,404,000 $54,93T/B DM932 2008 LA 800 $104,460,700 1.35 $141,022,000 $4,986,000 $136,0KIRBY 27706 2014 TX 1,600 $105,069,500 1.23 $129,235,000 $4,986,000 $124,2Total $347,592,000 $32,376,000 $315,2

Vessel Type: Fishing Vessel 

F/V TENYO MARU 1991 WA 4,200 $6,062,900 2.16 $13,096,000 $5,000,000 $8,09F/V JIN SHIANG FA 1993 AS 400 $2,013,000 2.03 $4,086,000 $997,000 $3,08F/V YU TE NO. 1 1999 AS 200 $1,164,600 1.76 $2,050,000 $997,000 $1,05F/V AMIGA NO. 5 1999 AS 200 $3,355,700 1.76 $5,906,000 $997,000 $4,90F/V KWANG MYONG 1999 AS 200 $1,554,800 1.76 $2,736,000 $997,000 $1,73F/V KORAM NO. 3 1999 AS 200 $1,403,100 1.76 $2,469,000 $997,000 $1,47F/V KWANG MYONG NO 72 1999 AS 200 $2,182,900 1.76 $3,842,000 $997,000 $2,84F/V KWANG MYONG NO 58 1999 AS 200 $1,557,600 1.76 $2,741,000 $997,000 $1,74F/V KORAM NO 1 1999 AS 200 $1,378,400 1.76 $2,426,000 $997,000 $1,42F/V KWANG MYONG NO 51 1999 AS 200 $1,249,200 1.76 $2,199,000 $997,000 $1,20F/V JESSICA ANN 2000 ME 200 $947,000 1.70 $1,610,000 $997,000 $613F/V SWORDMAN I 2000 HI 100 $1,528,600 1.70 $2,599,000 $997,000 $1,60F/V WINDY BAY 2001 AK 400 $3,396,400 1.64 $5,570,000 $997,000 $4,57F/V VANGUARD 2001 AK 200 $699,800 1.64 $1,148,000 $997,000 $151F/V GENEI MARU #7 2002 AK 100 $869,800 1.63 $1,418,000 $997,000 $421F/V TERESA LYNN 2002 FL 200 $690,800 1.63 $1,126,000 $997,000 $129F/V NEW HORIZON 2004 CA 100 $805,300 1.55 $1,248,000 $997,000 $251F/V MWALIL SAAT 2004 GU 200 $3,413,500 1.55 $5,291,000 $997,000 $4,29F/V THE BOSS 2004 OR 200 $926,100 1.55 $1,435,000 $997,000 $438
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

18 

Vessel Type: Fishing Vessel (Cont.)

Vessel Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability Fu

Expo

F/V MILKY WAY 2005 WA 200 $1,005,100 1.50 $1,508,000 $997,000 $511CAPT MIKE 2009 LA 100 $2,413,400 1.37 $3,306,000 $997,000 $2,30F/V MAR-GUN 2009 AK 200 $1,442,500 1.37 $1,976,000 $997,000 $979DEEP SEA 2012 WA 200 $3,015,600 1.27 $3,830,000 $997,000 $2,83F/V LONE STAR 2013 AK 100 $3,398,400 1.25 $4,248,000 $997,000 $3,25DAIKI MARU 7 2014 GU 100 $1,550,000 1.23 $1,907,000 $997,000 $909F/V PACIFIC PARADISE 2017 HI 200 $2,500,000 1.19 $2,975,000 $997,000 $1,97PAPPYS PRIDE 2020 TX 200 $969,000 1.14 $1,105,000 $997,000 $108F/V AMERICAN CHALLENGER 2021 CA 200 $2,383,000 1.09 $2,598,000 $997,000 $1,60F/V ST PATRICK 2021 AK 200 $4,000,000 1.09 $4,360,000 $997,000 $3,36Total $90,808,000 $32,919,000 $57,88

Vessel Type: Cargo/Other SPV 

M/V CITRUS 1996 AK 3,500 $8,469,100 1.87 $15,837,000 $4,192,000 $11,64M/V KUROSHIMA 1997 AK 4,200 $19,702,600 1.83 $36,056,000 $4,992,000 $31,06M/V KURE 1997 CA 36,000 $47,218,900 1.83 $86,411,000 $43,211,000 $43,20M/V NEW CARISSA 1999 OR 36,600 $50,501,400 1.76 $88,882,000 $43,885,000 $44,99M/V STUYVESANT 1999 CA 7,100 $11,700,000 1.76 $20,592,000 $8,533,000 $12,0M/V SERGO ZAKARIADZE 1999 PR 16,500 $15,966,700 1.76 $28,101,000 $19,802,000 $8,29SS J LUCKENBACH 2001 CA 7,900 $42,497,300 1.64 $69,696,000 $9,443,000 $60,2M/V KIMTON 2001 PR 200 $713,700 1.64 $1,171,000 $997,000 $173VICTORIA ROSE HUNT 2003 MA 100 $1,085,700 1.59 $1,726,000 $997,000 $729M/V RED DIAMOND 2003 FL 200 $2,595,200 1.59 $4,126,000 $997,000 $3,12CRANE BARGE MONARCH 2003 CA 200 $2,481,700 1.59 $3,946,000 $997,000 $2,94M/V BOWSTRING 2003 FL 300 $1,606,500 1.59 $2,554,000 $997,000 $1,55M/V SELENDANG AYU 2004 AK 39,800 $137,293,200 1.55 $212,804,000 $47,706,000 $165,0M/V ORIENTAL I 2004 FL 200 $727,400 1.55 $1,127,000 $997,000 $130ALBION 2005 CA 200 $1,207,100 1.50 $1,811,000 $997,000 $813M/V CASITAS 2005 HI 300 $1,710,700 1.50 $2,566,000 $997,000 $1,56MAMA LERE 2006 TX 400 $1,217,300 1.44 $1,753,000 $997,000 $756M/V COSCO BUSAN 2007 CA 65,100 $110,557,900 1.41 $155,887,000 $78,157,000 $77,72M/V SENECA 2007 MI 200 $1,211,000 1.41 $1,708,000 $997,000 $710LST-1166 2007 OR 2,400 $5,151,000 1.41 $7,263,000 $2,902,000 $4,36CATALA 2007 WA 5,700 $6,138,500 1.41 $8,655,000 $6,840,000 $1,81C/V SEA WITCH 2008 MD 17,900 $20,629,900 1.35 $27,850,000 $21,482,000 $6,36BIG BOY & SCOOBY DOO 2008 PA 200 $1,010,800 1.35 $1,365,000 $997,000 $368WENONAH 2009 CA 300 $947,800 1.37 $1,298,000 $997,000 $301SOUND DEVELOPER 2009 AK 200 $1,657,100 1.37 $2,270,000 $997,000 $1,27MONARCH 2009 AK 300 $2,097,500 1.37 $2,874,000 $997,000 $1,87M/V PRINCESS KATHLEEN 2010 AK 5,900 $14,185,900 1.34 $19,009,000 $7,050,000 $11,9DAVY CROCKETT 2011 WA 4,600 $22,457,500 1.29 $28,970,000 $5,572,000 $23,39TUG TIGER 2011 CA 200 $4,205,500 1.29 $5,425,000 $997,000 $4,42JIREH 2012 PR 1,000 $16,514,100 1.27 $20,973,000 $1,175,000 $19,79RESPECT 2013 CA 200 $2,467,600 1.25 $3,084,000 $997,000 $2,08STEPHEN L. COLBY 2013 IA 200 $1,355,600 1.25 $1,694,000 $997,000 $697
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

19 

Vessel Type: Cargo/Other SPV (Cont.) 

Vessel Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability Fu

Expo

M/V CHALLENGER 2015 AK 100 $2,541,200 1.23 $3,126,000 $997,000 $2,12SPIRIT OF SACRAMENTO 2016 CA 100 $1,514,800 1.22 $1,848,000 $997,000 $851TUG TUTAHACO 2017 FL 200 $4,000,000 1.19 $4,760,000 $997,000 $3,76M/V AKUTAN 2017 AK 700 $968,000 1.19 $1,152,000 $997,000 $155AKUTAN 2017 AK 700 $949,800 1.19 $1,130,000 $997,000 $133POWHATAN 2017 AK 200 $7,335,400 1.19 $8,729,000 $997,000 $7,73SS PETER STUYVESANT 2017 MA 1,700 $2,400,000 1.19 $2,856,000 $2,065,000 $791D-B VENGEANCE 2017 CA 400 $1,929,700 1.19 $2,296,000 $997,000 $1,29M/V OCEAN KING 2018 MA 200 $1,475,600 1.16 $1,712,000 $997,000 $715S-2006 2018 MP 1,000 $8,554,000 1.16 $9,923,000 $1,148,000 $8,77GRAND MARIANA I 2018 MP 400 $3,310,700 1.16 $3,840,000 $997,000 $2,84GATE CITY 2018 WV 200 $1,857,000 1.16 $2,154,000 $997,000 $1,15F/V PACIFIC KNIGHT 2018 AK 200 $1,297,800 1.16 $1,505,000 $997,000 $508YP 702 2018 GA 200 $1,544,800 1.16 $1,792,000 $997,000 $795GOLDEN RAY 2019 GA 71,200 $175,000,000 1.14 $199,500,000 $85,414,000 $114,0F/V MIDWAY ISLAND 2020 HI 200 $1,387,400 1.14 $1,582,000 $997,000 $585Total $1,115,390,000 $423,482,000 $691,9Grand Total $2,637,473,000 $843,805,000 $1,793,
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

20 

Appendix B: Incidents Exceeding Liability Limits by Incident Date Incident Year: 1991 

Vessel Type Vessel Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability 

 Fishing Vessel F/V TENYO MARU WA 4,200 $6,062,900 2.16 $13,096,000 $5,000,000  Tank Barge (Single Hull) T/B VISTABELLA PR 1,100 $5,740,000 2.16 $12,398,000 $7,479,000  TOTAL $25,494,000 $12,479,000 

Incident Year: 1993 

 Fishing Vessel F/V JIN SHIANG FA AS 400 $2,013,000 2.03 $4,086,000 $997,000  Tank Barge (Single Hull) 

T/B (TAMPA BAY COLLISION) FL 9,300 $68,900,000 2.03 $139,867,000 $34,269,000 

 TOTAL $143,953,000 $35,266,000 

Incident Year: 1994 

 Tank Barge (Single Hull) T/B MORRIS J. BERMAN PR 5,400 $95,488,300 1.98 $189,067,000 $27,422,000  TOTAL $189,067,000 $27,422,000 

Incident Year: 1996 

 Tank Barge (Single Hull) 

M/V SCANDIA & T/B NORTH CAPE RI 5,500 $49,000,000 1.87 $91,630,000 $27,422,000 

 Tank Barge (Single Hull) T/B BUFFALO #292 TX 1,500 $15,864,400 1.87 $29,666,000 $7,479,000  Tank Ship (Single Hull) T/V JULIE N ME 18,500 $52,601,200 1.87 $98,364,000 $68,365,000  Cargo/Other SPV M/V CITRUS AK 3,500 $8,469,100 1.87 $15,837,000 $4,192,000  TOTAL $235,497,000 $107,458,000 

Incident Year: 1997 

 Cargo/Other SPV M/V KUROSHIMA AK 4,200 $19,702,600 1.83 $36,056,000 $4,992,000  Cargo/Other SPV M/V KURE CA 36,000 $47,218,900 1.83 $86,411,000 $43,211,000  TOTAL $122,467,000 $48,203,000 

Incident Year: 1999 

 Cargo/Other SPV M/V NEW CARISSA OR 36,600 $50,501,400 1.76 $88,882,000 $43,885,000  Cargo/Other SPV M/V STUYVESANT CA 7,100 $11,700,000 1.76 $20,592,000 $8,533,000  Cargo/Other SPV M/V SERGO ZAKARIADZE PR 16,500 $15,966,700 1.76 $28,101,000 $19,802,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

21 

Incident Year: 1999 (Cont.)

Vessel Type Vessel Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability 

 Fishing Vessel F/V YU TE NO. 1 AS 200 $1,164,600 1.76 $2,050,000 $997,000  Fishing Vessel F/V AMIGA NO. 5 AS 200 $3,355,700 1.76 $5,906,000 $997,000  Fishing Vessel F/V KWANG MYONG AS 200 $1,554,800 1.76 $2,736,000 $997,000  Fishing Vessel F/V KORAM NO. 3 AS 200 $1,403,100 1.76 $2,469,000 $997,000  Fishing Vessel F/V KWANG MYONG NO 72 AS 200 $2,182,900 1.76 $3,842,000 $997,000  Fishing Vessel F/V KWANG MYONG NO 58 AS 200 $1,557,600 1.76 $2,741,000 $997,000  Fishing Vessel F/V KORAM NO 1 AS 200 $1,378,400 1.76 $2,426,000 $997,000  Fishing Vessel F/V KWANG MYONG NO 51 AS 200 $1,249,200 1.76 $2,199,000 $997,000  TOTAL $161,944,000 $80,196,000 

Incident Year: 2000 

 Fishing Vessel F/V JESSICA ANN ME 200 $947,000 1.70 $1,610,000 $997,000  Fishing Vessel F/V SWORDMAN I HI 100 $1,528,600 1.70 $2,599,000 $997,000  TOTAL $4,209,000 $1,994,000 

Incident Year: 2001 

 Cargo/Other SPV SS J LUCKENBACH CA 7,900 $42,497,300 1.64 $69,696,000 $9,443,000  Cargo/Other SPV M/V KIMTON PR 200 $713,700 1.64 $1,171,000 $997,000  Fishing Vessel F/V WINDY BAY AK 400 $3,396,400 1.64 $5,570,000 $997,000  Fishing Vessel F/V VANGUARD AK 200 $699,800 1.64 $1,148,000 $997,000  TOTAL $77,585,000 $12,434,000 

Incident Year: 2002 

 Fishing Vessel F/V GENEI MARU #7 AK 100 $869,800 1.63 $1,418,000 $997,000  Fishing Vessel F/V TERESA LYNN FL 200 $690,800 1.63 $1,126,000 $997,000  TOTAL $2,544,000 $1,994,000 

Incident Year: 2003 

 Cargo/Other SPV VICTORIA ROSE HUNT MA 100 $1,085,700 1.59 $1,726,000 $997,000  Cargo/Other SPV M/V RED DIAMOND FL 200 $2,595,200 1.59 $4,126,000 $997,000  Cargo/Other SPV CRANE BARGE MONARCH CA 200 $2,481,700 1.59 $3,946,000 $997,000  Cargo/Other SPV M/V BOWSTRING FL 300 $1,606,500 1.59 $2,554,000 $997,000  Tank Barge (Single Hull) T/B B NO. 120 MA 6,900 $59,261,100 1.59 $94,225,000 $27,422,000  TOTAL $106,577,000 $31,410,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

22 

Incident Year: 2004 

Vessel Type Vessel Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability 

 Fishing Vessel F/V NEW HORIZON CA 100 $805,300 1.55 $1,248,000 $997,000  Cargo/Other SPV M/V SELENDANG AYU AK 39,800 $137,293,200 1.55 $212,804,000 $47,706,000  Fishing Vessel F/V MWALIL SAAT GU 200 $3,413,500 1.55 $5,291,000 $997,000  Fishing Vessel F/V THE BOSS OR 200 $926,100 1.55 $1,435,000 $997,000  Tank Ship (Single Hull) T/V ATHOS I NJ 37,900 $252,502,200 1.55 $391,378,000 $140,212,000  Cargo/Other SPV M/V ORIENTAL I FL 200 $727,400 1.55 $1,127,000 $997,000  TOTAL $613,283,000 $191,906,000 

Incident Year: 2005 

 Tank Barge (Double Hull) T/B DBL 152 LA 9,700 $51,556,200 1.50 $77,334,000 $22,404,000  Cargo/Other SPV ALBION CA 200 $1,207,100 1.50 $1,811,000 $997,000  Cargo/Other SPV M/V CASITAS HI 300 $1,710,700 1.50 $2,566,000 $997,000  Tank Barge (Single Hull) T/B EMC 423 IL 1,400 $10,188,600 1.50 $15,283,000 $7,479,000  Fishing Vessel F/V MILKY WAY WA 200 $1,005,100 1.50 $1,508,000 $997,000  TOTAL $98,502,000 $32,874,000 

Incident Year: 2006

 Cargo/Other SPV MAMA LERE TX 400 $1,217,300 1.44 $1,753,000 $997,000  TOTAL $1,753,000 $997,000 

Incident Year: 2007

 Cargo/Other SPV M/V COSCO BUSAN CA 65,100 $110,557,900 1.41 $155,887,000 $78,157,000  Cargo/Other SPV M/V SENECA MI 200 $1,211,000 1.41 $1,708,000 $997,000  Cargo/Other SPV LST-1166 OR 2,400 $5,151,000 1.41 $7,263,000 $2,902,000  Cargo/Other SPV CATALA WA 5,700 $6,138,500 1.41 $8,655,000 $6,840,000  TOTAL $173,513,000 $88,896,000 

Incident Year: 2008

 Tank Barge (Double Hull) T/B DM932 LA 800 $104,460,700 1.35 $141,022,000 $4,986,000  Cargo/Other SPV C/V SEA WITCH MD 17,900 $20,629,900 1.35 $27,850,000 $21,482,000  Cargo/Other SPV BIG BOY & SCOOBY DOO PA 200 $1,010,800 1.35 $1,365,000 $997,000  TOTAL $170,237,000 $27,465,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

23 

Incident Year: 2009 

Vessel Type Vessel Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability 

 Fishing Vessel CAPT MIKE LA 100 $2,413,400 1.37 $3,306,000 $997,000  Cargo/Other SPV WENONAH CA 300 $947,800 1.37 $1,298,000 $997,000  Cargo/Other SPV SOUND DEVELOPER AK 200 $1,657,100 1.37 $2,270,000 $997,000  Cargo/Other SPV MONARCH AK 300 $2,097,500 1.37 $2,874,000 $997,000  Fishing Vessel F/V MAR-GUN AK 200 $1,442,500 1.37 $1,976,000 $997,000  TOTAL $11,724,000 $4,985,000 

Incident Year: 2010

 Cargo/Other SPV M/V PRINCESS KATHLEEN AK 5,900 $14,185,900 1.34 $19,009,000 $7,050,000  TOTAL $19,009,000 $7,050,000 

Incident Year: 2011

 Cargo/Other SPV DAVY CROCKETT WA 4,600 $22,457,500 1.29 $28,970,000 $5,572,000  Cargo/Other SPV TUG TIGER CA 200 $4,205,500 1.29 $5,425,000 $997,000  TOTAL $34,395,000 $6,569,000 

Incident Year: 2012

 Cargo/Other SPV JIREH PR 1,000 $16,514,100 1.27 $20,973,000 $1,175,000  Fishing Vessel DEEP SEA WA 200 $3,015,600 1.27 $3,830,000 $997,000  Tank Barge (Single Hull) BOSTON 30 NY 1,600 $17,167,900 1.27 $21,803,000 $7,479,000  TOTAL $46,606,000 $9,651,000 

Incident Year: 2013

 Fishing Vessel F/V LONE STAR AK 100 $3,398,400 1.25 $4,248,000 $997,000  Cargo/Other SPV RESPECT CA 200 $2,467,600 1.25 $3,084,000 $997,000  Cargo/Other SPV STEPHEN L. COLBY IA 200 $1,355,600 1.25 $1,694,000 $997,000  TOTAL $9,026,000 $2,991,000 

Incident Year: 2014

 Tank Barge (Double Hull) KIRBY 27706 TX 1,600 $105,069,500 1.23 $129,235,000 $4,986,000  Fishing Vessel DAIKI MARU 7 GU 100 $1,550,000 1.23 $1,907,000 $997,000  TOTAL $131,142,000 $5,983,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

24 

Incident Year: 2015 

Vessel Type Vessel Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability 

 Cargo/Other SPV M/V CHALLENGER AK 100 $2,541,200 1.23 $3,126,000 $997,000  TOTAL $3,126,000 $997,000 

Incident Year: 2016

 Cargo/Other SPV SPIRIT OF SACRAMENTO CA 100 $1,514,800 1.22 $1,848,000 $997,000 TOTAL $1,848,000 $997,000 

Incident Year: 2017

 Cargo/Other SPV TUG TUTAHACO FL 200 $4,000,000 1.19 $4,760,000 $997,000  Cargo/Other SPV M/V AKUTAN AK 700 $968,000 1.19 $1,152,000 $997,000  Fishing Vessel F/V PACIFIC PARADISE HI 200 $2,500,000 1.19 $2,975,000 $997,000  Cargo/Other SPV AKUTAN AK 700 $949,800 1.19 $1,130,000 $997,000  Cargo/Other SPV POWHATAN AK 200 $7,335,400 1.19 $8,729,000 $997,000  Cargo/Other SPV SS PETER STUYVESANT MA 1,700 $2,400,000 1.19 $2,856,000 $2,065,000  Cargo/Other SPV D-B VENGEANCE CA 400 $1,929,700 1.19 $2,296,000 $997,000 TOTAL $23,898,000 $8,047,000 

Incident Year: 2018

Cargo/Other SPV M/V OCEAN KING MA 200 $1,475,600 1.16 $1,712,000 $997,000 Cargo/Other SPV S-2006 MP 1,000 $8,554,000 1.16 $9,923,000 $1,148,000 Cargo/Other SPV GRAND MARIANA I MP 400 $3,310,700 1.16 $3,840,000 $997,000 Cargo/Other SPV GATE CITY WV 200 $1,857,000 1.16 $2,154,000 $997,000 Cargo/Other SPV F/V PACIFIC KNIGHT AK 200 $1,297,800 1.16 $1,505,000 $997,000 Cargo/Other SPV YP 702 GA 200 $1,544,800 1.16 $1,792,000 $997,000 TOTAL $20,926,000 $3,142,000 

Incident Year: 2019

Cargo/Other SPV GOLDEN RAY GA 71,200 $175,000,000 1.14 $199,500,000 $85,414,000 TOTAL $199,500,000 $85,414,000 

Incident Year: 2020

Cargo/Other SPV F/V MIDWAY ISLAND HI 200 $1,387,400 1.14 $1,582,000 $997,000 Fishing Vessel PAPPYS PRIDE TX 200 $969,000 1.14 $1,105,000 $997,000 TOTAL $2,687,000 $1,994,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

25 

Incident Year: 2021 

Vessel Type Vessel Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability 

Fishing Vessel F/V AMERICAN 

CHALLENGER 

CA 200 

$2,383,000 1.09 $2,598,000 $997,000 

Fishing Vessel F/V ST PATRICK AK 200 $4,000,000 1.09 $4,360,000 $997,000 TOTAL $6,958,000 $1,994,000 Total 1990-2005 $1,781,124,000 $583,639,000 Total 2006-2022 $856,349,000 $260,166,000 GRAND TOTAL $2,637,473,000 $843,805,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

26 

Appendix C: Incidents Exceeding Liability Limits with Limits to AchPercent Cost Share Vessel Type: Tank Ship (Single Hull)

Vessel Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability Fund Exposure Actual Fu

Costs Incur

T/V JULIE N 1996 ME 18,500 $52,601,200 1.87 $98,364,000 $68,365,000 $29,999,000 $28,376,0T/V ATHOS I 2004 NJ 37,900 $252,502,200 1.55 $391,378,000 $140,212,000 $251,167,000 $210,557,0Total $489,743,000 $208,576,000 $281,166,000 $238,933,0

Vessel Type: Tank Barge (Single Hull)

T/B VISTABELLA 1991 PR 1,100 $5,740,000 2.16 $12,398,000 $7,479,000 $4,920,000 $4,782,00T/B (TAMPA BAY COLLISION) 1993 FL 9,300 $68,900,000 2.03 $139,867,000 $34,269,000 $105,598,000 $2,397,00T/B MORRIS J. BERMAN 1994 PR 5,400 $95,488,300 1.98 $189,067,000 $27,422,000 $161,645,000 $95,488,0M/V SCANDIA & T/B NORTH CAPE 1996 RI 5,500 $49,000,000 1.87 $91,630,000 $27,422,000 $64,208,000 $9,046,00T/B BUFFALO #292 1996 TX 1,500 $15,864,400 1.87 $29,666,000 $7,479,000 $22,188,000 $16,810,0T/B B NO. 120 2003 MA 6,900 $59,261,100 1.59 $94,225,000 $27,422,000 $66,803,000 $1,753,00T/B EMC 423 2005 IL 1,400 $10,188,600 1.50 $15,283,000 $7,479,000 $7,804,000 $10,189,0BOSTON 30 2012 NY 1,600 $17,167,900 1.27 $21,803,000 $7,479,000 $14,324,000 $8,818,00Total $593,940,000 $146,451,000 $447,489,000 $149,283,0

Vessel Type: Tank Barge (Double Hull)

T/B DBL 152 2005 LA 9,700 $51,556,200 1.50 $77,334,000 $22,404,000 $54,930,000 $24,621,0T/B DM932 2008 LA 800 $104,460,700 1.35 $141,022,000 $4,986,000 $136,036,000 $23,406,0KIRBY 27706 2014 TX 1,600 $105,069,500 1.23 $129,235,000 $4,986,000 $124,250,000 $5,090,00Total $347,592,000 $32,376,000 $315,216,000 $53,117,0

Vessel Type: SPV > 300 GT

F/V TENYO MARU 1991 WA 4,200 $6,062,900 2.16 $13,096,000 $5,000,000 $8,095,000 $6,063,00F/V JIN SHIANG FA 1993 AS 400 $2,013,000 2.03 $4,086,000 $997,000 $3,089,000 $2,420,00M/V CITRUS 1996 AK 3,500 $8,469,100 1.87 $15,837,000 $4,192,000 $11,646,000 $433,000 M/V KUROSHIMA 1997 AK 4,200 $19,702,600 1.83 $36,056,000 $4,992,000 $31,064,000 $17,540,0M/V KURE 1997 CA 36,000 $47,218,900 1.83 $86,411,000 $43,211,000 $43,200,000 $711,000 M/V NEW CARISSA 1999 OR 36,600 $50,501,400 1.76 $88,882,000 $43,885,000 $44,997,000 $26,775,0M/V STUYVESANT 1999 CA 7,100 $11,700,000 1.76 $20,592,000 $8,533,000 $12,059,000 $379,000 M/V SERGO ZAKARIADZE 1999 PR 16,500 $15,966,700 1.76 $28,101,000 $19,802,000 $8,299,000 $6,065,00F/V WINDY BAY 2001 AK 400 $3,396,400 1.64 $5,570,000 $997,000 $4,573,000 $3,396,00SS J LUCKENBACH 2001 CA 7,900 $42,497,300 1.64 $69,696,000 $9,443,000 $60,253,000 $47,815,0M/V BOWSTRING 2003 FL 300 $1,606,500 1.59 $2,554,000 $997,000 $1,557,000 $1,606,00M/V SELENDANG AYU 2004 AK 39,800 $137,293,200 1.55 $212,804,000 $47,706,000 $165,098,000 $102,384,0MAMA LERE 2006 TX 400 $1,217,300 1.44 $1,753,000 $997,000 $756,000 $1,217,00
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

27 

Vessel Type: SPV > 300 GT (Cont.)

Vessel Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability Fund Exposure Actual Fu

Costs Incur

M/V COSCO BUSAN 2007 CA 65,100 $110,557,900 1.41 $155,887,000 $78,157,000 $77,729,000 $4,208,00LST-1166 2007 OR 2,400 $5,151,000 1.41 $7,263,000 $2,902,000 $4,361,000 $5,151,00CATALA 2007 WA 5,700 $6,138,500 1.41 $8,655,000 $6,840,000 $1,815,000 $6,138,00C/V SEA WITCH 2008 MD 17,900 $20,629,900 1.35 $27,850,000 $21,482,000 $6,368,000 $20,630,0M/V PRINCESS KATHLEEN 2010 AK 5,900 $14,185,900 1.34 $19,009,000 $7,050,000 $11,959,000 $14,186,0DAVY CROCKETT 2011 WA 4,600 $22,457,500 1.29 $28,970,000 $5,572,000 $23,399,000 $22,458,0JIREH 2012 PR 1,000 $16,514,100 1.27 $20,973,000 $1,175,000 $19,798,000 $16,518,0M/V AKUTAN 2017 AK 700 $968,000 1.19 $1,152,000 $997,000 $155,000 $968,000 AKUTAN 2017 AK 700 $949,800 1.19 $1,130,000 $997,000 $133,000 $950,000 SS PETER STUYVESANT 2017 MA 1,700 $2,400,000 1.19 $2,856,000 $2,065,000 $791,000 $109,000 D-B VENGEANCE 2017 CA 400 $1,929,700 1.19 $2,296,000 $997,000 $1,299,000 $127,000 S-2006 2018 MP 1,000 $8,554,000 1.16 $9,923,000 $1,148,000 $8,774,000 $8,554,00GRAND MARIANA I 2018 MP 400 $3,310,700 1.16 $3,840,000 $997,000 $2,843,000 $1,461,00GOLDEN RAY 2019 GA 71,200 $175,000,000 1.14 $199,500,000 $85,414,000 $114,086,000 $7,481,00Total $1,074,744,000 $406,546,000 $668,198,000 $325,743,0

Vessel Type: SPV < or = 300 GT

F/V YU TE NO. 1 1999 AS 200 $1,164,600 1.76 $2,050,000 $997,000 $1,053,000 $5,296,00F/V AMIGA NO. 5 1999 AS 200 $3,355,700 1.76 $5,906,000 $997,000 $4,909,000 $2,766,00F/V KWANG MYONG 1999 AS 200 $1,554,800 1.76 $2,736,000 $997,000 $1,739,000 $965,000 F/V KORAM NO. 3 1999 AS 200 $1,403,100 1.76 $2,469,000 $997,000 $1,472,000 $813,000 F/V KWANG MYONG NO 72 1999 AS 200 $2,182,900 1.76 $3,842,000 $997,000 $2,845,000 $1,593,00F/V KWANG MYONG NO 58 1999 AS 200 $1,557,600 1.76 $2,741,000 $997,000 $1,744,000 $967,000 F/V KORAM NO 1 1999 AS 200 $1,378,400 1.76 $2,426,000 $997,000 $1,429,000 $788,000 F/V KWANG MYONG NO 51 1999 AS 200 $1,249,200 1.76 $2,199,000 $997,000 $1,201,000 $659,000 F/V JESSICA ANN 2000 ME 200 $947,000 1.70 $1,610,000 $997,000 $613,000 $947,000 F/V SWORDMAN I 2000 HI 100 $1,528,600 1.70 $2,599,000 $997,000 $1,602,000 $1,529,00M/V KIMTON 2001 PR 200 $713,700 1.64 $1,171,000 $997,000 $173,000 $714,000 F/V VANGUARD 2001 AK 200 $699,800 1.64 $1,148,000 $997,000 $151,000 $700,000 F/V GENEI MARU #7 2002 AK 100 $869,800 1.63 $1,418,000 $997,000 $421,000 $870,000 F/V TERESA LYNN 2002 FL 200 $690,800 1.63 $1,126,000 $997,000 $129,000 $691,000 VICTORIA ROSE HUNT 2003 MA 100 $1,085,700 1.59 $1,726,000 $997,000 $729,000 $94,000 M/V RED DIAMOND 2003 FL 200 $2,595,200 1.59 $4,126,000 $997,000 $3,129,000 $2,595,00CRANE BARGE MONARCH 2003 CA 200 $2,481,700 1.59 $3,946,000 $997,000 $2,949,000 $2,482,00F/V NEW HORIZON 2004 CA 100 $805,300 1.55 $1,248,000 $997,000 $251,000 $305,000 F/V MWALIL SAAT 2004 GU 200 $3,413,500 1.55 $5,291,000 $997,000 $4,294,000 $3,414,00F/V THE BOSS 2004 OR 200 $926,100 1.55 $1,435,000 $997,000 $438,000 $926,000 M/V ORIENTAL I 2004 FL 200 $727,400 1.55 $1,127,000 $997,000 $130,000 $727,000 F/V MILKY WAY 2005 WA 200 $1,005,100 1.50 $1,508,000 $997,000 $511,000 $539,000 ALBION 2005 CA 200 $1,207,100 1.50 $1,811,000 $997,000 $813,000 $1,207,00M/V CASITAS 2005 HI 300 $1,710,700 1.50 $2,566,000 $997,000 $1,569,000 $1,711,00M/V SENECA 2007 MI 200 $1,211,000 1.41 $1,708,000 $997,000 $710,000 $1,211,00
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a RP for amounts in excess of liability limits was received 

federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fund exposure am

imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

28 

Vessel Type: SPV < or = 300 GT (Cont.)

Vessel Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2022 Dollars) Limits of Liability Fund Exposure Actual Fu

Costs Incur

BIG BOY & SCOOBY DOO 2008 PA 200 $1,010,800 1.35 $1,365,000 $997,000 $368,000 $1,011,00CAPT MIKE 2009 LA 100 $2,413,400 1.37 $3,306,000 $997,000 $2,309,000 $2,413,00F/V MAR-GUN 2009 AK 200 $1,442,500 1.37 $1,976,000 $997,000 $979,000 $199,000 WENONAH 2009 CA 300 $947,800 1.37 $1,298,000 $997,000 $301,000 $948,000 SOUND DEVELOPER 2009 AK 200 $1,657,100 1.37 $2,270,000 $997,000 $1,273,000 $1,657,00MONARCH 2009 AK 300 $2,097,500 1.37 $2,874,000 $997,000 $1,876,000 $1,333,00TUG TIGER 2011 CA 200 $4,205,500 1.29 $5,425,000 $997,000 $4,428,000 $4,205,00DEEP SEA 2012 WA 200 $3,015,600 1.27 $3,830,000 $997,000 $2,833,000 $3,024,00F/V LONE STAR 2013 AK 100 $3,398,400 1.25 $4,248,000 $997,000 $3,251,000 $3,398,00RESPECT 2013 CA 200 $2,467,600 1.25 $3,084,000 $997,000 $2,087,000 $2,468,00STEPHEN L. COLBY 2013 IA 200 $1,355,600 1.25 $1,694,000 $997,000 $697,000 $1,356,00DAIKI MARU 7 2014 GU 100 $1,550,000 1.23 $1,907,000 $997,000 $909,000 $63,000 M/V CHALLENGER 2015 AK 100 $2,541,200 1.23 $3,126,000 $997,000 $2,129,000 $2,541,00SPIRIT OF SACRAMENTO 2016 CA 100 $1,514,800 1.22 $1,848,000 $997,000 $851,000 $1,515,00F/V PACIFIC PARADISE 2017 HI 200 $2,500,000 1.19 $2,975,000 $997,000 $1,978,000 $1,657,00TUG TUTAHACO 2017 FL 200 $4,000,000 1.19 $4,760,000 $997,000 $3,763,000 $2,715,00POWHATAN 2017 AK 200 $7,335,400 1.19 $8,729,000 $997,000 $7,732,000 $3,032,00M/V OCEAN KING 2018 MA 200 $1,475,600 1.16 $1,712,000 $997,000 $715,000 $1,046,00GATE CITY 2018 WV 200 $1,857,000 1.16 $2,154,000 $997,000 $1,157,000 $1,857,00F/V PACIFIC KNIGHT 2018 AK 200 $1,297,800 1.16 $1,505,000 $997,000 $508,000 $1,298,00YP 702 2018 GA 200 $1,544,800 1.16 $1,792,000 $997,000 $795,000 $1,545,00PAPPYS PRIDE 2020 TX 200 $969,000 1.14 $1,105,000 $997,000 $108,000 $969,000 F/V MIDWAY ISLAND 2020 HI 200 $1,387,400 1.14 $1,582,000 $997,000 $585,000 $1,387,00F/V AMERICAN CHALLENGER 2021 CA 200 $2,383,000 1.09 $2,598,000 $997,000 $1,600,000 $2,383,00F/V ST PATRICK 2021 AK 200 $4,000,000 1.09 $4,360,000 $997,000 $3,363,000 $4,000,00Total $131,455,000 $49,855,000 $81,600,000 $82,526,0Grand Total $2,637,473,000 $843,805,000 $1,793,668,000 $849,601,0
29 

Appendix D: Abbreviations 

Abbreviations Definition

CFR Code of Federal Regulations 

DOI Department of the Interior

F/V Fishing Vessel 

M/V Motor Vessel 

NPFC National Pollution Funds Center

NTSB National Transportation Safety Board

OPA Oil Pollution Act of 1990 

RP Responsible Party

SPV Self-propelled Vessel 

SS Steamship 

T/B Tank Barge 

T/V Tank Vessel 

U.S.C. United States Code