Oil Pollution Act Liability Limits 

in 2018 

Report to Congress 

March 27, 2019 

U. S. Coast Guard 
Foreword 

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

Limits in 2018,” as 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 being provided to the 

following Members of Congress: 

The Honorable Roger Wicker 

Chairman, Senate Committee on Commerce, Science, and Transportation 

The Honorable Maria Cantwell 

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

The Honorable Peter DeFazio 

Chairman, House Committee on Transportation and Infrastructure 

The Honorable Sam Graves 

Ranking Member, House Committee on Transportation and Infrastructure. 

I am happy to answer any further 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. 
i 

Oil Pollution Act Liability Limits in 2018 

Table of Contents 

I. Legislative Language 1 

II. Background 2 

III. Analysis of Discharges 3 

IV. Impacts on the Fund 9 

V. Findings with Respect to Further Liability Limit Adjustments 12 

Attachment A: Incidents Exceeding Liability Limits by Vessel Type 18 

Attachment B: Incidents Exceeding Liability Limits by Incident Date 21 

Attachment C: Incidents Exceeding Liability Limits with Limits to Achieve 50% Cost 

Share 

26 
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 2015 (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 the prevention of oil spills on navigable waters, the adjoining 

shorelines, and the exclusive economic zone. It provided a more robust federal response to 

spills, increased the liability of polluters (Responsible Parties (RPs)) for such spills, and provided 

for compensation to those that 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 when the 

discharge results from gross negligence or 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 

re-delegations 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 responsible party 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 the responsible party’s liability 

limits. This includes payment of claims from RPs who pay or incur removal costs or damages in 

excess of 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 (P.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 (Pub. L. 109-241). 

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 $137.6595 million for damages. This limit of liability was adjusted by 

the U.S. Department of the Interior’s Bureau of Ocean Energy Management on January 18, 2018, 

to reflect inflation occurring since 1990.2 The incident involving the DEEPWATER HORIZON 

drilling rig and its Macondo Prospect well, (DEEPWATER HORIZON incident) is the only 

incident to have resulted in damages known to exceed the statutory liability limit for an offshore 

facility.3 In response to this incident, on May 12, 2010, the Administration proposed raising the 

limitation of liability for all RPs, including those responsible for offshore facilities. As of 

January 2018, BP estimates that cost of the incident totals $65 billion. As the background data 

for all offshore incidents since the enactment of the OPA show, the DEEPWATER HORIZON 

discharge is a catastrophic incident not typical of historical offshore facility incidents. There 

have been no other offshore facility incidents that approach the $137.6595 million limit on 

damages under existing law. 

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

HORIZON incident and the Taylor Energy platform and associated wells in Mississippi Canyon 

Block 20 that were destroyed by an underwater mudslide triggered by Hurricane Ivan in 2004), 

the best available data indicate there have been 54 incidents since the enactment of the OPA that 

have resulted in removal costs and damages (6 Mobile Offshore Drilling Units and 48 Offshore 

Platforms).4 Figure 1 shows the frequency of these incidents by year and facility type. 

 

 

 

2

 See 79 F.R. 73832. The OPA (33 U.S.C. § 2704(d)(4)) requires that the OPA limits of liability be adjusted “not 

less than every 3 years... to reflect significant increases in the Consumer Price Index.” 

3

 In addition to the Deepwater Horizon incident, in 2004 an oil leak from a Taylor Energy oil platform commenced and 

has yet to be fully contained. Data provided by the RP for the Taylor Energy oil platform spill indicate that over $800 

million for removal costs have been spent to date. The Coast Guard has not yet verified whether any of these costs were 

proper removal costs under the OPA. However, there is no limit of liability under OPA for removal costs when 

responding to discharges or threats of discharge from offshore facilities. Therefore, the OPA limit of liability for this 

case appears to be adequate (i.e., since reported damages to date do not approach the $137.6595 million amount). This 

incident is mentioned in this report because it is a high visibility spill and its omission in this report might create 

confusion. 

4

 These numbers do not include the DEEPWATER HORIZON incident nor the Taylor Energy platform and associated 

wells in Mississippi Canyon Block 20 that were destroyed by an underwater mudslide triggered by Hurricane Ivan in 

2004, as these incidents may exceed OPA liability limits. 
4

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

(Excludes 2010 Deepwater Horizon and Taylor Energy Oil Spills)

Figure 2 shows the total incident cost for each of these incidents. As depicted, the highest cost 

incident, at approximately $19.2 million (in 2018 dollars), does not meet the statutory limit of 

liability of all removal costs (plus $137.6595 million for damages). 

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

(2018 Dollars / Excludes Deepwater Horizon and Taylor Energy Oil Spills) 

0

2

4

6

8

10

12

Drilling Rig

Offshore

Platform

$0

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

Offshore

Platform

Drilling Rig
5

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

$633,850,000 per incident, inclusive of both removal costs and damages.5 The 2010 Enbridge 

Energy Partners Lakehead Line 6B pipeline oil spill in Michigan is the sole onshore facility 

incident that has reportedly resulted in removal costs and damages that exceed the onshore 

facility liability limit. 

As of September 2017, Enbridge Energy Partners reported costs of $1.2 billion resulting from its 

pipeline spill. Of that amount, the full extent of the OPA removal costs and damages from the 

Enbridge Energy Partners Lakehead Line 6B pipeline incident cannot be predicted with any 

degree of certainty at this time. 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 have been no 

other onshore facility incidents that approach the $633,850,000 limit under existing law. 

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

pipeline), best available data indicate there have been 5,057 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)

 

5

 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). 

0

50

100

150

200

250

300

350

400

450

500
6

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

year. As depicted, the highest cost incident, at approximately $42.8 million (in 2018 dollars), 

does not meet the statutory $633,850,000 limit of liability. 

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

(2018 Dollars / Excludes 2010 Enbridge Pipeline Oil Spill) 

B. Vessel Sources 

After being adjusted for inflation, the OPA provides the following liability limits for vessels, 

inclusive of both removal costs and damages:6

 (1) For a single-hull tank vessel greater than 3,000 gross tons, the greater of $3,500 per 

gross ton or $25,845,600. 

(2) 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. 

(3) For a single-hull vessel less than or equal to 3,000 gross tons, the greater of $3,500 per 

gross ton or $7,048,800. 

(4) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank 

vessel, the greater of $2,200 per gross ton or $4,699,200. 

(5) For any other vessel, the greater of $1,100 per gross ton or $939,800. 

 

 

6

 33 C.F.R. § 138.230. 

$0

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

$35,000,000

$40,000,000

$45,000,000

$50,000,000
7

The best available data indicate 75 oil discharges from vessels have resulted in removal costs and 

damages that exceed the amended liability limits. The data have been updated to incorporate 

new incidents, and reflect revised estimates of costs and damages associated with previously 

reported incidents.7 ,8 Discharge incidents are listed by vessel type in Attachment A and by 

incident date in Attachment B. 

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

of a typhoon in American Samoa, which resulted 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 75 incidents by vessel type. Fishing vessels account for 

34.7 percent of the historical incidents that result in damages in excess of the liability limits, 

while cargo and other self-propelled non-tank vessels represent 48.0 percent of the incidents. 

Single hull and double hull tank barges represent 10.7 percent and 4.0 percent, respectively. 

Single hull tank ships account for only 2.7 percent of such discharges. There are no double hull 

tank ship incidents among the 75 incidents. 

 

7

 References throughout this report to data for the year 2018 are partial year data ending on May 1, 2018. 

8

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

0

2

4

6

8

10

12
8

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

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

costs in excess of liability limits for cargo/other self-propelled vessel discharges have been the 

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

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

highest (approximately $210.3 million) in light of the quantities of oil these vessels carry. Per 

discharge costs for all tank barges are also substantial (approximately $77.2 million). Larger 

cargo vessels also carry enough fuel to result in costly discharges (approximately $22.1 million 

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

incidents generally accounts for the lower total costs of such discharges (approximately $2.7 

million), shown here and in more detail in Attachment A. 

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

approximately $2.1 billion. 

Figure 7: Total Incident Costs by Vessel Type 

0

2

4

6

8

10

12

14

16

18

20

22

24

26

28

30

32

34

36

Single Hull Tank

Ship

Double Hull Tank

Ship

Single Hull Tank

Barge

Double Hull Tank

Barge

Cargo/Other SelfPropelled VesselFishing Vessel

Number of Incidents

$0

$100,000,000

$200,000,000

$300,000,000

$400,000,000

$500,000,000

$600,000,000

$700,000,000

$800,000,000

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.9 

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 Attachment 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 (in excess of 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 

Of the approximately $2.1 billion in estimated removal costs and damages from these incidents 

over the last 27 years, the Fund’s share of costs totals approximately $1.4 billion (67%). This 

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

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

 

 

9

 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

$100,000,000

$200,000,000

$300,000,000

$400,000,000

$500,000,000

$600,000,000

$700,000,000

$800,000,000

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

48%

52%

27%

73%

40%

60%

60%

40%

90%

10%
10

may vary widely from year-to-year (as indicated by Figure 5), the risk to the Fund can be 

expressed broadly as an annual cost of approximately $52.8 million (total costs of $1.4 billion 

over 27 years) in excess of amended limits in 2018 dollars. 

B. Impact from Claims 

Over the past 27 years, the NPFC paid $1 billion to claimants in connection with the OPA 

incidents. Of this total, $452 million (or 45.1 percent) was paid in respect to circumstances 

where removal costs and damages exceeded the applicable liability limit amount (Figure 9). 

These "limit of liability" payments include payments made directly to the RPs for the 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 had spent up to its limit of liability. 

Figure 10 shows that of the $128.4 million in claims under adjudication as of May 1, 2018, $128 

million (or 99.7 percent of the total dollars) are pending claims by RPs who have 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 

The potential impact to the Fund resulting from payments to RPs, third parties for claims, and 

response costs where vessel incident costs exceeded the RPs’ limits of liability varies 

substantially from year to year, but has averaged approximately $52.8 million per year over the 

past 27 years. While the potential impact is significant, it is also useful to note that the available 

data show a continued trend toward more Fund risk in recent years. 

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

in estimated removal costs and claims that exceed liability limits has increased over time, to 87% 

of costs in the most recent period after 2010. This increased risk is largely the result of the 

greater cost of such incidents in recent years. 
11

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

The Bipartisan Budget Act of 2018 (Pub. L. No. 115-123) extended the nine cent per barrel tax 

through December 31, 2018. These tax revenues are deposited into the Fund. Based on current 

revenue and expenditure projections, including the assumption that the tax is reauthorized, the 

NPFC forecasts that the Fund should maintain liquidity beyond 2024 (See Figure 12).10

Changing energy trends may also impact costs to the Fund. 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 costs to the Fund. Costs associated with preparedness, response mobilization, 

natural resource assessment, and recovery will be higher in extreme cold climates.

 

10 Note: Based on U.S. Treasury OTA estimates, the Fund Forecast Balance graph (Figure 12) assumes that the 

barrel tax is extended beyond December 31, 2018. 

$0

$200,000,000

$400,000,000

$600,000,000

$800,000,000

$1,000,000,000

$1,200,000,000

1991-2000 2001-2010 2011-2018

Fund

Share

RP Share

38%

62%

33%

67%

87%

13%
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 be able to 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 2024 based on estimated revenues 

and expenditures (no adjustment for inflation):11

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. 

 

11 Note: Based on U.S. Treasury OTA estimates, the Fund Forecast Balance graph (Figure 12) assumes that the 

barrel tax is extended beyond December 31, 2018. 

 $-

 $2,000

 $4,000

 $6,000

 $8,000

 $10,000

 $12,000
13

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

source of revenue has been 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 the Treasury’s 

Office of Tax Analysis excise tax projections and the 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, with the exception of the DEEPWATER HORIZON incident costs in 

2012 through 2017, the federal removal costs and claims payments for which RPs may be liable 

represented only a portion of the annual expenditures from the Fund. This graph displays all 

costs for vessel or facility discharges. 

 

$0

$50,000

$100,000

$150,000

$200,000

$250,000

$300,000

$350,000

$400,000

$450,000

$500,000

Claims

Deepwater Horizon Removal

And Costs and Claims

Removal

Appropriations
14

The DEEPWATER HORIZON incident demonstrated that the $137.6595 million limit on 

damages for a catastrophic offshore facility incident could be inadequate. With the exception of 

the DEEPWATER HORIZON incident, roughly half of the removal costs in Figure 13 are for 

onshore and offshore facility discharges. Historical data indicate that the $633.850 million 

liability limit for onshore facilities is adequate for non-catastrophic spills.12 

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 have the ability to 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 the 

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

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

activities other than offshore drilling activities (such as shipping). 

Analysis indicates establishing different liability limits for non-tank vessels, which include 

fishing, cargo, and other self-propelled vessels, 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 a majority 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 the additional 

cost the RP would pay if the additional limits were applied, which would leave the Fund 

covering 50 percent of the total incident costs (the top portion of each bar). 

 

12 A final rule to adjust the limits of liability for vessels, deepwater ports, and onshore facilities to reflect significant 

increases in the consumer price index, as required by OPA 90 (33 U.S.C. § 2704(d)(4)) was published on November 

19, 2015 (see 80 F.R. 72342). 
15

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 the vessel 

operators, liability limits for single hull tank ships would increase to $3,700 per gross ton, single 

hull tank barges to $8,200 per gross ton, double hull tank barges to $12,800 per gross ton, nontank vessels greater than 300 gross tons to $1,500 per gross ton, and non-tank vessels less than or 

equal to 300 gross tons to $6,232 per gross ton. 

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

on average historical costs of incidents by vessel type in 2018 dollars) if the limits of liability 

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

$0

$100,000,000

$200,000,000

$300,000,000

$400,000,000

$500,000,000

$600,000,000

$700,000,000

$800,000,000

Single Hull Tank Ship Double Hull Tank ShipSingle 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

Increased RP Share if

50% of Incident Cost

RP Share at Current

Limits

Adjusted 

Limit: 

$3,600/gt

Adjusted 

Limit:

$7,900/gt

Adjusted 

Limit:

$1,400/gt

Adjusted 

Limit:

$5,900/gt

Adjusted 

Limit:

$12,500/gt
16

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. Attachment C illustrates how these limits would protect the Fund from paying the 

majority of the total incident cost when applied to the 75 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 has shown these categories might best be 

subdivided 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.13

 

13 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:

$102.0M

Minimum

Limit:

$32.1 M 

Minimum

Limit:

$1.1 M

Minimum

Limit:

$20.0 M

Minimum

Limit:

$50.7 M
17 

Figure 16: Limits of Liability under the OPA 

If the vessel is a. . . The current 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: $3,500 per gross ton or $25,845,600 Less than or equal to 3,000 gross tons: $3,500 per gross ton or $7,048,800 

$3,700 per gross to

With a double hull 

Greater than 3,000 gross tons: $2,200 per gross ton or $18,796,800 Less than or equal to 3,000 gross tons: $2,200 per gross ton or $4,699,200 

No data14

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

Greater than 3,000 gross tons: $3,500 per gross ton or $25,845,600 Less than or equal to 3,000 gross tons: $3,500 per gross ton or $7,048,800 

$8,200 per gross to

With a double hull 

Greater than 3,000 gross tons: $2,200 per gross ton or $18,796,800 Less than or equal to 3,000 gross tons: $2,200 per gross ton or $4,699,200 

$12,800 per gross 

Non-Tank Vessel Greater than 300 gross tons $1,100 per gross ton or $939,800 $1,500 per gross to

Less than or equal to 300 gross tons $1,100 per gross ton or $939,800 $6,200 per gross to

14 There have been no historical double hull tank ship incidents that have met criteria for inclusion in this report. 
18 

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

Project Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits of Liability 

T/V JULIE N 1996 ME 18,500 $52,601,200 1.61 $84,688,000 $64,670,000 T/V ATHOS I 2004 NJ 37,900 $252,502,200 1.33 $335,828,000 $132,633,000 TOTAL $420,516,000 $197,302,000 

Vessel Type: Tank Barge (Single Hull) 

BOSTON 30 2012 NY 1,600 $27,751,300 1.09 $30,249,000 $7,049,000 T/B VISTABELLA 1991 PR 1,100 $5,965,200 1.86 $11,095,000 $7,049,000 T/B (TAMPA BAY COLLISION) 1993 FL 9,300 $68,900,000 1.74 $119,886,000 $32,417,000 T/B MORRIS J. BERMAN 1994 PR 5,400 $95,488,300 1.71 $163,285,000 $25,846,000 M/V SCANDIA & T/B NORTH CAPE 1996 RI 5,500 $49,000,000 1.61 $78,890,000 $25,846,000 T/B BUFFALO #292 1996 TX 1,500 $21,422,800 1.61 $34,491,000 $7,049,000 T/B B NO. 120 2003 MA 6,900 $60,489,000 1.37 $82,870,000 $25,846,000 T/B EMC 423 2005 IL 1,400 $12,778,500 1.29 $16,484,000 $7,049,000 TOTAL $537,250,000 $138,149,000 

Vessel Type: Tank Barge (Double Hull) 

T/B DBL 152 2005 LA 9,700 $61,106,600 1.29 $78,827,000 $21,430,000 T/B DM932 2008 LA 800 $104,460,700 1.16 $121,174,000 $4,699,000 KIRBY 27706 2014 TX 1,600 $105,728,000 1.06 $112,072,000 $4,699,000 TOTAL $312,074,000 $30,829,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not 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 

Project Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits of Liability 

M/V CITRUS 1996 AK 3,500 $9,769,400 1.61 $15,729,000 $3,842,000 M/V KUROSHIMA 1997 AK 4,200 $19,702,600 1.57 $30,933,000 $4,576,000 M/V KURE 1997 CA 36,000 $47,218,900 1.57 $74,134,000 $39,610,000 M/V NEW CARISSA 1999 OR 36,600 $51,251,900 1.51 $77,390,000 $40,228,000 M/V STUYVESANT 1999 CA 7,100 $11,700,000 1.51 $17,667,000 $7,822,000 M/V SERGO ZAKARIADZE 1999 PR 16,500 $15,966,700 1.51 $24,110,000 $18,152,000 SS J LUCKENBACH 2001 CA 7,900 $42,671,100 1.42 $60,593,000 $8,656,000 M/V KIMTON 2001 PR 200 $713,700 1.42 $1,014,000 $940,000 VICTORIA ROSE HUNT 2003 MA 100 $1,085,700 1.37 $1,487,000 $940,000 M/V RED DIAMOND 2003 FL 200 $2,595,200 1.37 $3,555,000 $940,000 CRANE BARGE MONARCH 2003 CA 200 $2,481,700 1.37 $3,400,000 $940,000 M/V BOWSTRING 2003 FL 300 $1,606,500 1.37 $2,201,000 $940,000 M/V SELENDANG AYU 2004 AK 39,800 $151,243,500 1.33 $201,154,000 $43,731,000 M/V ORIENTAL I 2004 FL 300 $727,400 1.33 $967,000 $940,000 ALBION 2005 CA 200 $1,207,100 1.29 $1,557,000 $940,000 M/V CASITAS 2005 HI 300 $1,710,700 1.29 $2,207,000 $940,000 MAMA LERE 2006 TX 400 $1,217,300 1.24 $1,509,000 $940,000 M/V COSCO BUSAN 2007 CA 65,100 $110,557,900 1.21 $133,775,000 $71,644,000 M/V SENECA 2007 MI 200 $1,211,000 1.21 $1,465,000 $940,000 LST-1166 2007 OR 2,400 $5,151,000 1.21 $6,233,000 $2,660,000 CATALA 2007 WA 5,700 $6,138,500 1.21 $7,428,000 $6,270,000 C/V SEA WITCH 2008 MD 17,900 $20,629,900 1.16 $23,931,000 $19,692,000 BIG BOY & SCOOBY DOO 2008 PA 200 $1,010,800 1.16 $1,173,000 $940,000 WENONAH 2009 CA 300 $947,800 1.18 $1,118,000 $940,000 SOUND DEVELOPER 2009 AK 200 $1,657,100 1.18 $1,955,000 $940,000 MONARCH 2009 AK 300 $2,698,200 1.18 $3,184,000 $940,000 M/V PRINCESS KATHLEEN 2010 AK 5,900 $14,185,900 1.15 $16,314,000 $6,463,000 DAVY CROCKETT 2011 WA 4,600 $22,457,500 1.11 $24,928,000 $5,107,000 TUG TIGER 2011 CA 200 $4,205,500 1.11 $4,668,000 $940,000 JIREH 2012 PR 1,000 $16,561,400 1.09 $18,052,000 $1,077,000 RESPECT 2013 CA 200 $2,467,600 1.08 $2,665,000 $940,000 STEPHEN L. COLBY 2013 IA 200 $1,355,600 1.08 $1,464,000 $940,000 M/V CHALLENGER 2015 AK 100 $2,541,200 1.06 $2,694,000 $940,000 SPIRIT OF SACRAMENTO 2016 CA 100 $1,473,100 1.05 $1,547,000 $940,000 TUG TUTAHACO 2017 FL 200 $4,000,000 1.03 $4,120,000 $940,000 M/V AKUTAN 2017 AK 700 $927,400 1.03 $955,000 $940,000 TOTAL $777,275,000 $299,266,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

20 

Vessel Type: Fishing Vessel 

Project Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits of Liability 

F/V TENYO MARU 1991 WA 4,200 $6,062,900 1.86 $11,277,000 $4,584,000 F/V JIN SHIANG FA 1993 AS 400 $2,013,000 1.74 $3,503,000 $940,000 F/V YU TE NO. 1 1999 AS 200 $1,164,600 1.51 $1,759,000 $940,000 F/V AMIGA NO. 5 1999 AS 200 $3,355,700 1.51 $5,067,000 $940,000 F/V KWANG MYONG 1999 AS 200 $1,554,800 1.51 $2,348,000 $940,000 F/V KORAM NO. 3 1999 AS 200 $1,403,100 1.51 $2,119,000 $940,000 F/V KWANG MYONG NO 72 1999 AS 200 $2,182,900 1.51 $3,296,000 $940,000 F/V KWANG MYONG NO 58 1999 AS 200 $1,557,600 1.51 $2,352,000 $940,000 F/V KORAM NO 1 1999 AS 200 $1,378,400 1.51 $2,081,000 $940,000 F/V KWANG MYONG NO 51 1999 AS 200 $1,249,200 1.51 $1,886,000 $940,000 F/V JESSICA ANN 2000 ME 200 $947,000 1.47 $1,392,000 $940,000 F/V SWORDMAN I 2000 HI 100 $1,528,600 1.47 $2,247,000 $940,000 F/V WINDY BAY 2001 AK 400 $3,396,400 1.42 $4,823,000 $940,000 F/V VANGUARD 2001 AK 200 $699,800 1.42 $994,000 $940,000 F/V GENEI MARU #7 2002 AK 100 $869,800 1.40 $1,218,000 $940,000 F/V TERESA LYNN 2002 FL 100 $690,800 1.40 $967,000 $940,000 F/V NEW HORIZON 2004 CA 100 $805,300 1.33 $1,071,000 $940,000 F/V MWALIL SAAT 2004 GU 200 $3,413,500 1.33 $4,540,000 $940,000 F/V THE BOSS 2004 OR 200 $926,100 1.33 $1,232,000 $940,000 F/V MILKY WAY 2005 WA 200 $1,039,600 1.29 $1,341,000 $940,000 CAPT MIKE 2009 LA 100 $2,413,400 1.18 $2,848,000 $940,000 F/V MAR-GUN 2009 AK 200 $1,388,100 1.18 $1,638,000 $940,000 DEEP SEA 2012 WA 200 $3,037,100 1.09 $3,310,000 $940,000 F/V LONE STAR 2013 AK 100 $3,671,200 1.08 $3,965,000 $940,000 DAIKI MARU 7 2014 GU 100 $1,550,000 1.06 $1,643,000 $940,000 F/V PACIFIC PARADISE 2017 HI 200 $2,500,000 1.03 $2,575,000 $940,000 TOTAL $71,491,000 $28,079,000 GRAND TOTAL $2,118,605,000 $693,624,000 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

21 

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

Vessel Type Project Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits 

Liabilit

Fishing Vessel F/V TENYO MARU WA 4,200 $6,062,900 1.86 $11,277,000 $4,584,0Tank Barge (Single Hull) T/B VISTABELLA PR 1,100 $5,965,200 1.86 $11,095,000 $7,049,0TOTAL $22,372,000 $11,633,0

Incident Year 1993 

Fishing Vessel F/V JIN SHIANG FA AS 400 $2,013,000 1.74 $3,503,000 $940,00Tank Barge (Single Hull) T/B (TAMPA BAY COLLISION) FL 9,300 $68,900,000 1.74 $119,886,000 $32,417,0TOTAL $123,389,000 $33,357,0

Incident Year 1994 

Tank Barge (Single Hull) T/B MORRIS J. BERMAN PR 5,400 $95,488,300 1.71 $163,285,000 $25,846,0TOTAL $163,285,000 $25,846,0

Incident Year 1996 

Tank Barge (Single Hull) M/V SCANDIA & T/B NORTH CAPE RI 5,500 $49,000,000 1.61 $78,890,000 $25,846,0Tank Barge (Single Hull) T/B BUFFALO #292 TX 1,500 $21,422,800 1.61 $34,491,000 $7,049,0Tank Ship (Single Hull) T/V JULIE N ME 18,500 $52,601,200 1.61 $84,688,000 $64,670,0Cargo/Other SPV M/V CITRUS AK 3,500 $9,769,400 1.61 $15,729,000 $3,842,0TOTAL $213,798,000 $101,407,

Incident Year 1997 

Cargo/Other SPV M/V KUROSHIMA AK 4,200 $19,702,600 1.57 $30,933,000 $4,576,0Cargo/Other SPV M/V KURE CA 36,000 $47,218,900 1.57 $74,134,000 $39,610,0TOTAL $105,067,000 $44,186,0
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not 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 1999 

Vessel Type Project Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits o

Liabilit

 Cargo/Other SPV M/V NEW CARISSA OR 36,600 $51,251,900 1.51 $77,390,000 $40,228,0 Cargo/Other SPV M/V STUYVESANT CA 7,100 $11,700,000 1.51 $17,667,000 $7,822,0 Cargo/Other SPV M/V SERGO ZAKARIADZE PR 16,500 $15,966,700 1.51 $24,110,000 $18,152,0 Fishing Vessel F/V YU TE NO. 1 AS 200 $1,164,600 1.51 $1,759,000 $940,00 Fishing Vessel F/V AMIGA NO. 5 AS 200 $3,355,700 1.51 $5,067,000 $940,00 Fishing Vessel F/V KWANG MYONG AS 200 $1,554,800 1.51 $2,348,000 $940,00 Fishing Vessel F/V KORAM NO. 3 AS 200 $1,403,100 1.51 $2,119,000 $940,00 Fishing Vessel F/V KWANG MYONG NO 72 AS 200 $2,182,900 1.51 $3,296,000 $940,00 Fishing Vessel F/V KWANG MYONG NO 58 AS 200 $1,557,600 1.51 $2,352,000 $940,00 Fishing Vessel F/V KORAM NO 1 AS 200 $1,378,400 1.51 $2,081,000 $940,00 Fishing Vessel F/V KWANG MYONG NO 51 AS 200 $1,249,200 1.51 $1,886,000 $940,00 TOTAL $140,075,000 $73,722,0

Incident Year 2000 

 Fishing Vessel F/V JESSICA ANN ME 200 $947,000 1.47 $1,392,000 $940,00 Fishing Vessel F/V SWORDMAN I HI 100 $1,528,600 1.47 $2,247,000 $940,00 TOTAL $3,639,000 $1,880,0

Incident Year 2001 

 Cargo/Other SPV SS J LUCKENBACH CA 7,900 $42,671,100 1.42 $60,593,000 $8,656,0 Cargo/Other SPV M/V KIMTON PR 200 $713,700 1.42 $1,014,000 $940,00 Fishing Vessel F/V WINDY BAY AK 400 $3,396,400 1.42 $4,823,000 $940,00 Fishing Vessel F/V VANGUARD AK 200 $699,800 1.42 $994,000 $940,00 TOTAL $67,424,000 $11,476,0

Incident Year 2002 

 Fishing Vessel F/V GENEI MARU #7 AK 100 $869,800 1.40 $1,218,000 $940,00 Fishing Vessel F/V TERESA LYNN FL 100 $690,800 1.40 $967,000 $940,00 TOTAL $2,185,000 $1,880,0
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not 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 2003 

Vessel Type Project Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits 

Liabilit

 Cargo/Other SPV VICTORIA ROSE HUNT MA 100 $1,085,700 1.37 $1,487,000 $940,00 Cargo/Other SPV M/V RED DIAMOND FL 200 $2,595,200 1.37 $3,555,000 $940,00 Cargo/Other SPV CRANE BARGE MONARCH CA 200 $2,481,700 1.37 $3,400,000 $940,00 Cargo/Other SPV M/V BOWSTRING FL 300 $1,606,500 1.37 $2,201,000 $940,00 Tank Barge (Single Hull) T/B B NO. 120 MA 6,900 $60,489,000 1.37 $82,870,000 $25,846,0 TOTAL $93,513,000 $29,606,0

Incident Year 2004 

 Fishing Vessel F/V NEW HORIZON CA 100 $805,300 1.33 $1,071,000 $940,00 Cargo/Other SPV M/V SELENDANG AYU AK 39,800 $151,243,500 1.33 $201,154,000 $43,731,0 Fishing Vessel F/V MWALIL SAAT GU 200 $3,413,500 1.33 $4,540,000 $940,00 Fishing Vessel F/V THE BOSS OR 200 $926,100 1.33 $1,232,000 $940,00 Tank Ship (Single Hull) T/V ATHOS I NJ 37,900 $252,502,200 1.33 $335,828,000 $132,633, Cargo/Other SPV M/V ORIENTAL I FL 300 1.33 $967,000 $940,00 TOTAL $544,792,000 $180,124,

Incident Year 2005 

 Tank Barge (Double Hull) T/B DBL 152 LA 9,700 $61,106,600 1.29 $78,827,000 $21,430,0 Cargo/Other SPV ALBION CA 200 $1,207,100 1.29 $1,557,000 $940,00 Cargo/Other SPV M/V CASITAS HI 300 $1,710,700 1.29 $2,207,000 $940,00 Tank Barge (Single Hull) T/B EMC 423 IL 1,400 $12,778,500 1.29 $16,484,000 $7,049,0 Fishing Vessel F/V MILKY WAY WA 200 $1,039,600 1.29 $1,341,000 $940,00 TOTAL $100,416,000 $31,299,0

Incident Year 2006 

 Cargo/Other SPV MAMA LERE TX 400 $1,217,300 1.24 $1,509,000 $940,00 TOTAL $1,509,000 $940,00

Incident Year 2007 

 Cargo/Other SPV M/V COSCO BUSAN CA 65,100 $110,557,900 1.21 $133,775,000 $71,644,0 Cargo/Other SPV M/V SENECA MI 200 $1,211,000 1.21 $1,465,000 $940,00 Cargo/Other SPV LST-1166 OR 2,400 $5,151,000 1.21 $6,233,000 $2,660,0 Cargo/Other SPV CATALA WA 5,700 $6,138,500 1.21 $7,428,000 $6,270,0 TOTAL $148,901,000 $81,514,0
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not 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 2008 

Vessel Type Project Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits 

Liabilit

 Tank Barge (Double Hull) T/B DM932 LA 800 $104,460,700 1.16 $121,174,000 $4,699,0 Cargo/Other SPV C/V SEA WITCH MD 17,900 $20,629,900 1.16 $23,931,000 $19,692,0 Cargo/Other SPV BIG BOY & SCOOBY DOO PA 200 $1,010,800 1.16 $1,173,000 $940,00 TOTAL $146,278,000 $25,331,0

Incident Year 2009 

 Fishing Vessel CAPT MIKE LA 100 $2,413,400 1.18 $2,848,000 $940,00 Cargo/Other SPV WENONAH CA 300 $947,800 1.18 $1,118,000 $940,00 Cargo/Other SPV SOUND DEVELOPER AK 200 $1,657,100 1.18 $1,955,000 $940,00 Cargo/Other SPV MONARCH AK 300 $2,698,200 1.18 $3,184,000 $940,00 Fishing Vessel F/V MAR-GUN AK 200 $1,388,100 1.18 $1,638,000 $940,00 TOTAL $10,743,000 $4,700,0

Incident Year 2010 

 Cargo/Other SPV M/V PRINCESS KATHLEEN AK 5,900 $14,185,900 1.15 $16,314,000 $6,463,0 TOTAL $16,314,000 $6,463,0

Incident Year 2011 

 Cargo/Other SPV DAVY CROCKETT WA 4,600 $22,457,500 1.11 $24,928,000 $5,107,0 Cargo/Other SPV TUG TIGER CA 200 $4,205,500 1.11 $4,668,000 $940,00 TOTAL $29,596,000 $6,047,0

Incident Year 2012 

 Cargo/Other SPV JIREH PR 1,000 $16,561,400 1.09 $18,052,000 $1,077,0 Fishing Vessel DEEP SEA WA 200 $3,037,100 1.09 $3,310,000 $940,00 Tank Barge (Single Hull) BOSTON 30 NY 1,600 $27,751,300 1.09 $30,249,000 $7,049,0 TOTAL $51,611,000 $9,066,0

Incident Year 2013 

 Fishing Vessel F/V LONE STAR AK 100 $3,671,200 1.08 $3,965,000 $940,00 Cargo/Other SPV RESPECT CA 200 $2,467,600 1.08 $2,665,000 $940,00 Cargo/Other SPV STEPHEN L. COLBY IA 200 $1,355,600 1.08 $1,464,000 $940,00 TOTAL $8,094,000 $2,820,0
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not 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 2014 

Vessel Type Project Name Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits 

Liabilit

 Tank Barge (Double Hull) KIRBY 27706 TX 1,600 $105,728,000 1.06 $112,072,000 $4,699,0 Fishing Vessel DAIKI MARU 7 GU 100 $1,550,000 1.06 $1,643,000 $940,00 TOTAL $113,715,000 $5,639,0

Incident Year 2015 

 Cargo/Other SPV M/V CHALLENGER AK 100 $2,541,200 1.06 $2,694,000 $940,00 TOTAL $2,694,000 $940,00

Incident Year 2016 

 Cargo/Other SPV SPIRIT OF SACRAMENTO CA 100 $1,473,100 1.05 $1,547,000 $940,00 TOTAL $1,547,000 $940,00

Incident Year 2017 

 Cargo/Other SPV TUG TUTAHACO FL 200 $4,000,000 1.03 $4,120,000 $940,00 Cargo/Other SPV M/V AKUTAN AK 700 $927,400 1.03 $955,000 $940,00 Fishing Vessel F/V PACIFIC PARADISE HI 200 $2,500,000 1.03 $2,575,000 $940,00 TOTAL $7,650,000 $2,820,0

Total 1991-2000 $771,624,000 $292,027,0Total 2001-2010 $1,132,075,000 $373,327,0Total 2011-2017 $214,906,000 $28,270,00GRAND TOTAL $2,118,605,000 $693,624,0SPV - Self-Propelled Vessel 
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

26 

Attachment C: Incidents Exceeding Liability Limits with Limits to AchiShare

Vessel Type: Tank Ship (Single Hull) 

Project Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits of Liability Fund Exposure Actual OSLTF Co

Incurred 

T/V JULIE N 1996 ME 18,500 $52,601,200 1.61 $84,688,000 $64,670,000 $20,018,000 $28,376,0T/V ATHOS I 2004 NJ 37,900 $252,502,200 1.33 $335,828,000 $132,633,000 $203,195,000 $210,557,0TOTAL $420,516,000 $197,302,000 $223,214,000 $238,933,0

Vessel Type: Tank Barge (Single Hull) 

BOSTON 30 2012 NY 1,600 $27,751,300 1.09 $30,249,000 $7,049,000 $23,200,000 $8,818,00T/B VISTABELLA 1991 PR 1,100 $5,965,200 1.86 $11,095,000 $7,049,000 $4,046,000 $4,782,00T/B (TAMPA BAY COLLISION) 1993 FL 9,300 $68,900,000 1.74 $119,886,000 $32,417,000 $87,469,000 $2,397,00T/B MORRIS J. BERMAN 1994 PR 5,400 $95,488,300 1.71 $163,285,000 $25,846,000 $137,439,000 $95,488,0M/V SCANDIA & T/B NORTH CAPE 1996 RI 5,500 $49,000,000 1.61 $78,890,000 $25,846,000 $53,044,000 $9,046,00T/B BUFFALO #292 1996 TX 1,500 $21,422,800 1.61 $34,491,000 $7,049,000 $27,442,000 $16,810,0T/B B NO. 120 2003 MA 6,900 $60,489,000 1.37 $82,870,000 $25,846,000 $57,024,000 $1,753,00T/B EMC 423 2005 IL 1,400 $12,778,500 1.29 $16,484,000 $7,049,000 $9,435,000 $10,189,0TOTAL $537,250,000 $138,149,000 $399,101,000 $149,283,0

Vessel Type: Tank Barge (Double Hull) 

T/B DBL 152 2005 LA 9,700 $61,106,600 1.29 $78,827,000 $21,430,000 $57,397,000 $19,756,0T/B DM932 2008 LA 800 $104,460,700 1.16 $121,174,000 $4,699,000 $116,475,000 $23,406,0KIRBY 27706 2014 TX 1,600 $105,728,000 1.06 $112,072,000 $4,699,000 $107,372,000 $5,090,00TOTAL $312,074,000 $30,829,000 $281,245,000 $48,252,0
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not 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: Non-Tank Vessel >300 GT 

Project Name Incident Year Incident Location Gross Tonnage Total Incident Cost Inflation Factor Total Incident Cost (2018 Dollars) Limits of Liability Fund Exposure Actu

OSLTF 

Incu

F/V TENYO MARU 1991 WA 4,200 $6,062,900 1.86 $11,277,000 $4,584,000 $6,693,000 $6,06F/V JIN SHIANG FA 1993 AS 400 $2,013,000 1.74 $3,503,000 $940,000 $2,563,000 $2,42M/V CITRUS 1996 AK 3,500 $9,769,400 1.61 $15,729,000 $3,842,000 $11,886,000 $433M/V KUROSHIMA 1997 AK 4,200 $19,702,600 1.57 $30,933,000 $4,576,000 $26,357,000 $17,54M/V KURE 1997 CA 36,000 $47,218,900 1.57 $74,134,000 $39,610,000 $34,524,000 $711M/V NEW CARISSA 1999 OR 36,600 $51,251,900 1.51 $77,390,000 $40,228,000 $37,162,000 $32,91M/V STUYVESANT 1999 CA 7,100 $11,700,000 1.51 $17,667,000 $7,822,000 $9,845,000 $379M/V SERGO ZAKARIADZE 1999 PR 16,500 $15,966,700 1.51 $24,110,000 $18,152,000 $5,957,000 $6,06F/V WINDY BAY 2001 AK 400 $3,396,400 1.42 $4,823,000 $940,000 $3,883,000 $3,39SS J LUCKENBACH 2001 CA 7,900 $42,671,100 1.42 $60,593,000 $8,656,000 $51,937,000 $47,98M/V SELENDANG AYU 2004 AK 39,800 $151,243,500 1.33 $201,154,000 $43,731,000 $157,423,000 $102,3MAMA LERE 2006 TX 400 $1,217,300 1.24 $1,509,000 $940,000 $570,000 $1,21M/V COSCO BUSAN 2007 CA 65,100 $110,557,900 1.21 $133,775,000 $71,644,000 $62,131,000 $4,20LST-1166 2007 OR 2,400 $5,151,000 1.21 $6,233,000 $2,660,000 $3,573,000 $5,15CATALA 2007 WA 5,700 $6,138,500 1.21 $7,428,000 $6,270,000 $1,158,000 $6,13C/V SEA WITCH 2008 MD 17,900 $20,629,900 1.16 $23,931,000 $19,692,000 $4,238,000 $20,63M/V PRINCESS KATHLEEN 2010 AK 5,900 $14,185,900 1.15 $16,314,000 $6,463,000 $9,851,000 $14,18DAVY CROCKETT 2011 WA 4,600 $22,457,500 1.11 $24,928,000 $5,107,000 $19,821,000 $22,45JIREH 2012 PR 1,000 $16,561,400 1.09 $18,052,000 $1,077,000 $16,975,000 $16,56M/V AKUTAN 2017 AK 700 $927,400 1.03 $955,000 $940,000 $15,000 $927TOTAL $754,436,000 $287,873,000 $466,563,000 $311,7

Vessel Type: Non-Tank Vessel < or = 300 GT 

Project Name Incident Year Incident Locati

on

Gross 

Tonna

ge

Total 

Incident 

Cost

Inflation 

Factor

Total Incident 

Cost 

(2018 Dollars)

Limits of 

Liability

Fund 

Exposure

Actual 

OSLTF C

Incurre

F/V YU TE NO. 1 1999 AS 200 $1,164,600 1.51 $1,759,000 $940,000 $819,000 $5,296,0F/V AMIGA NO. 5 1999 AS 200 $3,355,700 1.51 $5,067,000 $940,000 $4,127,000 $2,766,0F/V KWANG MYONG 1999 AS 200 $1,554,800 1.51 $2,348,000 $940,000 $1,408,000 $965,00F/V KORAM NO. 3 1999 AS 200 $1,403,100 1.51 $2,119,000 $940,000 $1,179,000 $813,00F/V KWANG MYONG NO 72 1999 AS 200 $2,182,900 1.51 $3,296,000 $940,000 $2,356,000 $1,593,0F/V KWANG MYONG NO 58 1999 AS 200 $1,557,600 1.51 $2,352,000 $940,000 $1,412,000 $967,00F/V KORAM NO 1 1999 AS 200 $1,378,400 1.51 $2,081,000 $940,000 $1,142,000 $788,00F/V KWANG MYONG NO 51 1999 AS 200 $1,249,200 1.51 $1,886,000 $940,000 $946,000 $659,00F/V JESSICA ANN 2000 ME 200 $947,000 1.47 $1,392,000 $940,000 $452,000 $947,00F/V SWORDMAN I 2000 HI 100 $1,528,600 1.47 $2,247,000 $940,000 $1,307,000 $1,529,0F/V VANGUARD 2001 AK 200 $699,800 1.42 $994,000 $940,000 $54,000 $700,00M/V KIMTON 2001 PR 200 $713,700 1.42 $1,014,000 $940,000 $74,000 $714,00
This listing includes all incidents regardless of vessel size or type and regardless of whether a claim to the Fund by a responsible party for amounts in excess of liability limit

Costs include Federal removal costs and claims paid that have been verified. Other costs are estimated from best available information but cannot otherwise be verified. Fuand do not imply that the RPs will be able to limit their liability under the statute where the issue has not yet been determined. 

28 

Project Name Incident Year Incident Locati

on

Gross 

Tonna

ge

Total 

Incident 

Cost

Inflation 

Factor

Total Incident 

Cost 

(2018 Dollars)

Limits of 

Liability

Fund 

Exposure

Actual 

OSLTF C

Incurre

F/V GENEI MARU #7 2002 AK 100 $869,800 1.40 $1,218,000 $940,000 $278,000 $870,00F/V TERESA LYNN 2002 FL 100 $690,800 1.40 $967,000 $940,000 $27,000 $691,00VICTORIA ROSE HUNT 2003 MA 100 $1,085,700 1.37 $1,487,000 $940,000 $548,000 $94,00M/V RED DIAMOND 2003 FL 200 $2,595,200 1.37 $3,555,000 $940,000 $2,616,000 $2,595,0CRANE BARGE MONARCH 2003 CA 200 $2,481,700 1.37 $3,400,000 $940,000 $2,460,000 $2,482,0M/V BOWSTRING 2003 FL 300 $1,606,500 1.37 $2,201,000 $940,000 $1,261,000 $1,606,0F/V NEW HORIZON 2004 CA 100 $805,300 1.33 $1,071,000 $940,000 $131,000 $305,00F/V MWALIL SAAT 2004 GU 200 $3,413,500 1.33 $4,540,000 $940,000 $3,600,000 $3,414,0F/V THE BOSS 2004 OR 200 $926,100 1.33 $1,232,000 $940,000 $292,000 $926,00M/V ORIENTAL I 2004 FL 300 $727,400 1.33 $967,000 $940,000 $28,000 $727,00F/V MILKY WAY 2005 WA 200 $1,039,600 1.29 $1,341,000 $940,000 $401,000 $539,00ALBION 2005 CA 200 $1,207,100 1.29 $1,557,000 $940,000 $617,000 $1,207,0M/V CASITAS 2005 HI 300 $1,710,700 1.29 $2,207,000 $940,000 $1,267,000 $1,711,0M/V SENECA 2007 MI 200 $1,211,000 1.21 $1,465,000 $940,000 $526,000 $1,211,0BIG BOY & SCOOBY DOO 2008 PA 200 $1,010,800 1.16 $1,173,000 $940,000 $233,000 $1,011,0CAPT MIKE 2009 LA 100 $2,413,400 1.18 $2,848,000 $940,000 $1,908,000 $2,413,0F/V MAR-GUN 2009 AK 200 $1,388,100 1.18 $1,638,000 $940,000 $698,000 $199,00WENONAH 2009 CA 300 $947,800 1.18 $1,118,000 $940,000 $179,000 $948,00SOUND DEVELOPER 2009 AK 200 $1,657,100 1.18 $1,955,000 $940,000 $1,016,000 $1,657,0MONARCH 2009 AK 300 $2,698,200 1.18 $3,184,000 $940,000 $2,244,000 $1,333,0TUG TIGER 2011 CA 200 $4,205,500 1.11 $4,668,000 $940,000 $3,728,000 $4,205,0DEEP SEA 2012 WA 200 $3,037,100 1.09 $3,310,000 $940,000 $2,371,000 $2,919,0F/V LONE STAR 2013 AK 100 $3,671,200 1.08 $3,965,000 $940,000 $3,025,000 $3,671,0RESPECT 2013 CA 200 $2,467,600 1.08 $2,665,000 $940,000 $1,725,000 $2,468,0STEPHEN L. COLBY 2013 IA 200 $1,355,600 1.08 $1,464,000 $940,000 $524,000 $1,356,0DAIKI MARU 7 2014 GU 100 $1,550,000 1.06 $1,643,000 $940,000 $703,000 $63,00M/V CHALLENGER 2015 AK 100 $2,541,200 1.06 $2,694,000 $940,000 $1,754,000 $2,541,0SPIRIT OF SACRAMENTO 2016 CA 100 $1,473,100 1.05 $1,547,000 $940,000 $607,000 $1,473,0F/V PACIFIC PARADISE 2017 HI 200 $2,500,000 1.03 $2,575,000 $940,000 $1,635,000 $121,00TUG TUTAHACO 2017 FL 200 $4,000,000 1.03 $4,120,000 $940,000 $3,180,000 $2,715,0TOTAL $94,330,000 $39,472,000 $54,858,000 $65,205,0GRAND TOTAL $2,118,605,000 $693,624,000 $1,424,981,000 $813,449,